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Agenda 11/10/2009 Item #16J 6 ,t:..genda Item ~Jo. 16J6 November 10, 2009 Page 1 of 16 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve and Authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes Subdivisions. OBJECTIVE: That the Board of County Commissioners approve and authorize the Chairman to sign the attached Agreement on behalf of the Board of County Commissioners. This Agreement has been placed on the Board's Agenda at the request of the Sheriffs Office. .- CONSIDERATIONS: The Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes Subdivisions (hereinafter subdivisions), and the eollier County Sheriffs Office have negotiated the' attached Agreement. The Sheriff's Office will assume traffic control jurisdiction over private roads within the subdivisions, and the Sheriff's Office has affirmed that traffic control of the subdivisions is appropriate. A project engineer hired by the property owners of the subdivisions has provided a letter certifying that the subdivisions' roadway signage and pavement markings meet the standards and requirements of the Subdivisions' rights-of:'way construction plans approved by Collier County. The attached Agreement has been executed by the Presidents of the Associations and by the Sheriff's Office. The Agreement can be temlinated by the Board or by the Associations. FISCAL IMP AeT: This item should have no fiscal impact upon Collier County. The Agreement specifies that the Sheriff's Office can negotiate with the Associations to recover the Sheriff Office's costs of traffic control over these private roads. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Agreement. LEGAL CONSIDERA TrONS: This item is legally sufficient for Board action. eMG RECOMMENDA TI ON: Recommendation that the Board of County Commissioners Approve and authorize the ehainnan to sign an Agreement AuthOlizing the eollier eounty Sheriff's Office to have Traffic eontrol Jurisdiction over Private Roads within the Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes Subdivisions. Prepared by: Colleen M. Greene, Assistant County Attorney - -1 Ut;\..- L VL ..L Agenda Item No. 16J6 November 10, 2009 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J6 Recommendation that the Board of County Commissioners Approve and Authorize the Chairman to sign an .4greement Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes Subdivisions. Meeting Date: 11/10/2009 9:0000 ,b,M Prepared By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/29/200912:20:14 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/29/200912:23 PM Approved By Jeff f<iat:lkow C:lunty Attorney Date County Attorney County Attorney Office 10/30/20D9 3:18 PM Approved By OMS Coordi[~ator OMS Coordinator Date County Manager's Office Office of Management & Budget 10/30'20094:03 PM Approved By Randy Greenwald ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 10/30/20094:27 PM Approved By Mark Isackson Budget Analyst Date County Man2ger's Office Office of Management & Budget 10!30/2Q09 5:29 P:J1 F,Qenda it'3m No. 16J6 ~r'Jovember 10.2009 PaJe 3 of 16 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF THE SHORES AT BERKSHIRE LAKES & THE PRESERVCE AT THE SHORES AT BERKSHIRE LAKES THIS AGREEMENT is made and entered into this day of , 20-, by and among the following three parties: The Shores at Berkshire Lakes & The Preserve at The Shores at Berkshire Lakes, 7845 Berkshire Pines Drive, Naples, Florida 34104 (hereafter the "Property Owners Association''); the Collier County Sheriffs Office, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the subdivision The Shores at Berkshire Lakes & The Preserve at The Shores at Berkshire Lakes, (hereinafter the "Subdivision'') (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Property Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated April 23, 2008, attached hereto as Exhibit "A-1," and the Preserve at the Shores at Berkshire Lakes and the Shores at Berkshire Lakes Homeowners Associations submitted a combined letter dated September 29, 2009, attached hereto as Exhibit A-2, requesting that the Collier County Sheriffs Office patrol the private roads within the Subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316.006(3)(a), Rorida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and Agenda Item No. 16J6 November 10, 2009 Page 4 of 16 WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Property Owners Association, has provided the Sheriff of Collier County with notice that the signage for the Subdivision appears to be in completed and in substantial accordance with the approved subdivision constructions (see Exhibit "B''); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Ronda Statutes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Subdivision as described in Exhibit "C" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Rorida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, include as part of its duties, patrol and enforcement of all County and State traffic control regulations and laws .., ,~genda Item ~Jo. 16J6 November 10, 2009 Page 5 of 16 on or over private roads within the Subdivision, including such additional roads, if any, that may hereafter come into existence within the Subdivision. 5. The parties recognize that all private roads within the Subdivision (as such roads are described herein) are not public roads, not County- owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Property Owners Association and/or other private property interests within said Subdivision. 6. For purposes of identification and geographic specificity, the Subdivision is composed of the platted area described in Exhibit "C" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Property Owners Association for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(1), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the Board of County Commissioners providing that this Agreement be terminated), or by the Property Owners Association. 9. The Property Owners Association shall hold harmless and defend Collier County and the Coilier County Sheriff, and their agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. ~ Aaenda Item No. 16J6 ~November 10, 2009 Page 6 of 16 IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: Print Name of First Witness Signatur ~O'''-'''Q' ~ ~1~...h--b \ <.Q Print Nam of Second WItness WITNESSES: Print Name of First Witness ~ ~ Signatur:1s~ Witness \<os~~Ct'r~ MQ6+r6ko Print Name of Second Witness I THE SHORES AT BERKSHIRE LAKES B0~~~ , President Date: 1/:2. 9'/0 tf THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES L ~Sident By: Date: 9.. J.;- 07 , 4 WITNESSES: / / Print Name of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: rJ~~ C I Colleen M. Greene Assistant County Attorney COLLIER COUNTY SHERIFF'S OFFICE By: KEVIN J / ~ ~ -'),2-t5C/ Date: (/ (7- r ,.t,genda item ~~o. 16J6 rJovember 10. 2009 Page 7 of 16 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman 5 R' & p /-- ,.. r II ~,J I I /, Property Management Agenda Item No. 1 ?~6 November 10, 2uu9 Page 8 of 1 G ~ ,-.. "l ":' \. ..:\ ,~ :-' . 1 ~'/ :;.;"''': '.. --f'--(/ cJ;/ April 23, 2008 To Whom It May Concern: We are in favor of police Patrolling our Association in an effort to maintain a quiet and peaceful community, along with the reduction of speeders, and gate runners who come in by cutting in front of others, or who do not belong in the Association at all. We would also like to alleviate improper parking on our streets. Sincerely, J '~..;LJ: . _ " ..} () DanBrunney R & P Property Management For: The Board of Directors The Shores at Berkshire Lakes Homeov.ners Association Cc: File -____c___._________________________ Exhibit A-I 265 Airport Road South, Naples, FL 341 04-3518' (239) 643-3353. FAX (239) 643-5949 Web Site: Www.R-P-PropertYManagementcom.Email: rpprop ((j) att.llet /',gerJda Item ~~o. 16J6 r\Jov-3mber 10. 2009 Page 9 of 16 The Shores at Berkshire Lakes 7845 Berkshire Pines Drive Naples, FL 34104 (239) 353-5913 Fax (239) 353-5908 September 29,2009 Office of COlmty Attorney 3301 East Tamiami Trail Naples, F134112-4902 To Whom It May Concern; Enclosed please find the completed application for Open Patrol of The Shores at Berkshire Lakes complex. The Master Association has considered this application carefully and reviewed the process with board members for the Preserve at Berkshire Lakes and both give their full support to this endeavor. If any additional information or material is needed I may be contacted at the HOA Office at 353-5913. We are currently on a limited office hours so it may be necessary to leave a message on our answering service and I will return your call as soon as possible. The Homeowners Association and Preserve Board membership as well as our residents have been diligent in maintaining a safe living environment within our complex. Working cooperatively with law enforcement will only serve to enhance our purpose. Sincerely, {G!::i Preserve Board President .~..... /;;'~..c.. /-.;'~.. L. Cece HOA Board President Exhibit A-2 jrnb transportation engineering, inc. traffic/transportation engineering & planning Agenda Item No. 16.J6 November 10, 2009 Page 10 of 16 September 20, 2009 Mr. Dan Brunney The Shores at Naples Property Owners Association 7845 Berkshire Pines Drive Naples, Florida 34104 RE: The Shores at Naples Subdivision (Installation of regulatory traffic control signs) Dear Mr. Brunney: As you are aware, the Shores at Naples Property Owners Association (POA) requested that JMB Transportation Engineering, Inc. (JMB) perform a review of the placement and installation of "STOP" signs and speed limit signs (25 MPH) within their subdivision. JMB's review was limited to only the installation of "STOP" and speed limit signs because it is the POA's intent to have these two regulatory signs enforced by the Collier County Sherriff's Department. Based upon our September 17,2009 field review, JMB determined that the "STOP" and speed limit signs were installed consistent with the guidelines set forth by the Manual on Uniform Traffic Control Devices (MUTCD), dated December 2007 and approved by the Federal Highway Administration. JMB found that the "STOP" and speed limit signs were strategically located and are visible to approaching motorists, and the intent of the regulatory signs is evident to motorists. As it relates to the specific location and installation of the "STOP" and speed limit signs, JMB determined that the Shores at Naples Subdivision is in substantial compliance with the MUTCD. NOTE: JMB Transportation Engineering, Inc. performed a specific review of the placement and installation of "STOP" and speed limit signs and did not review any other design or safety aspects of the subdivision. JMB Transportation Engineering, Inc. accepts no responsibility or liability associated with work performed by others. JMB did not establish the posted speed limit for the Shores. C':1 +-' 'r- ~ JMB performed a field review on September 17, 2009. Any modifications to the location or installation of signs after that date, will affect JMB 's findings. It will be the responsibility of the Shores' Property Owners Association to maintain all traffic control signs pursuant to the standards set forth by the MUTeD. In the 'r- .c >< UJ 761 2rl street nw, naples,jlorida 34120 phone: 239-919-2767 jrnb future, signs will need to he replaced when warranted due to degradation of their quality as a result of human or environmental causes. Also, the Shores at Naples Property Ort/ners Association will be responsible for ensuring that the signs remain visible to motorists at all times. :"\':Jsnda Itenl 1\0. i 6J6 ~Novelllber 10,2009 Page 11 of 16 Should you have any questions regarding this matter, feel free to contact me. s M. Banks, P .E. sident .1MB's Sevtember 17th Field Review Findio2s All "STOP" signs were installed consistent with the MUTCD. "STOP" signs were properly installed at the intersections of: 1) Berkshire Pines Road @ Berkshire Pines Drive, 2) Stratford Drive @ Berkshire Pines Drive, 3) Leicester Drive @ Berkshire Pines Drive, 4) Meridian Court @ Berkshire Pines Drive, 5) Wexford Drive @ Leicester Drive, 6) Haverhill Court @ Berkshire Pines Drive, 7) Meldin Court @ Berkshire Pines Drive, 8) Lourdes Court @ Berkshire Pines Drive, and 9) Woodbrook Circle @ Berkshire Pines Drive All speed limit signs were installed and strategically located consistent with the MUTCD. Speed limit signs were installed at numerous locations throughout the Shores at Naples residential community. The community's posted speed limit of25 MPH for all streets within the subdivision is evident to motorists. Of- zo.- 01 es M. Banks, P.E. lorida Registration No. 43860 - .! ,lI,genda Item ~-Jo. 16J6 November 10, 2009 Page12of16 o SITE PLAN Exhibit C Its:11 l\Jo. 1 i3Ji3 :.Jvc,nber 'i 0, 20C9 Pace 13 of I,] . ' . . GOLDEN GATE INGLE HOMES SOUTHWEST FLORIDA 7859 Berkshire Pines Dr., Naples, Florida 34104 (239) 348-0050 www.englehomes.com EQ\l.I,l.~" OPPORTUNITY 0<C034587 1- Aoenda Item No. 16J6 ~hlovernber 10, 2009 Page14of16 I 'f Site plan is preHminuy design. Perime~r properties lire not identified. All concepts, designs, d the Shon:$ at Naples as currently propos,ed and as such 2re subject to cha 1~,'Jerd3 !tenl [\JO. Fi 6J5 ~1'Jc:vembsr '10, 2009 Peg:.:} 15 of 16 .1 LO ~ f/7 If'~ --- :> 2. q dimensions, landsC2pinB' 2nd ~V2i1:lbiJjty for this site plan re~nt the: p:an Ilnd guidelines ror loot notice at the ,ole rliscrrtion of Engle: Homes/Southwest Florid.lne. A09nda Item ~'Jo. 16J<3 SHERIFF KEVIN J D A 1\ tr"BOSK ~~~ovember 1p; 2099 · .I\...L-U.Vl Page I I,) of 16 Collier County Sheriffs Office ~ October 22, 2009 ~ Colleen M. Greene, Assistant County Attorney Office of the County Attorney 3301 E. Tamiarni Trail Naples, Florida 34112-4902 Dear Ms. Greene: Attached are the documents submitted by the Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes regarding their request, and application for a traffic enforcement agreement. I have reviewed the documents and the agreement, and Sheriff Rambosk has executed the agreement. It appears from your letter dated August 21,2009, that The Shores has submitted the appropriate documents necessary for adoption of the attached agreement. The Shores initially contacted the Sheriff's Office prior to 2008 regarding their request and submitted letter of request dated April 23,2008. They have submitted an updated request dated September 29,2009 that is signed by the H.O.A. president of the Preserve at the Shores of Berkshire Lakes and the president of the H.O.A. for the Shores at Berkshire Lakes, which is the master homeowners association. In addition, the engineering report has been updated to reflect the signage now complies with the Uniform Traffic Control Manual. SheriffRambosk is supportive of the efforts to enter the traffic jurisdiction agreement, and I am forwarding the enclosed package on his behalf. Please process in your normal procedure to obtain Board of Collier County Commissioners approval. If you have any additional concerns or questions that I can assist in resolving, please contact my office at 239-793-9292 i MJHlstl ,! -.".' 3301 Tamiami Trail East Bldg. ,J, Naples, FL 34112-4902 phone · 239.774-4434 co] [il'rsh eriff. org ~' ~~:--_"-~:Jll, I . \' ~< " , 'l~ t.::.-:::,~".":J .~.