Agenda 09/08/2015 Item #16J39/8/2015 16. J . 3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Agreement
Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction
over Private Roads within the Banyan Woods Master Association, Inc.
OBJECTIVE: That the Board of County Commissioners approves and authorizes 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 Banyan Woods Master Association, Inc. (hereinafter Master
Association), and the Collier County Sheriff's Office have negotiated the attached
Agreement. The Sheriffs Office will assume traffic control jurisdiction over private roads
within the Banyan Woods Master Association, Inc. Representatives of the Sheriff s Office
have affirmed that traffic control of the Banyan Woods Master Association, Inc. is
appropriate. A project engineer hired by the Master Association has provided a letter
certifying that the subdivision's roadway signage and pavement markings meet the State's
standards and requirements of the subdivision's rights -of -way construction plans approved
by Collier County. The attached Agreement has been executed by the Master Association
and by the Sheriffs Office. The Agreement can be terminated by the Board or by the
Master Association.
FISCAL MPA : This item should have no fiscal impact upon Collier County. The
Agreement specifies that the Sheriffs Office can negotiate with the Master Association 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 CONSIDERATIONS: This item is approved as to form and legality and
requires a majority vote for Board approval. - JAB
RECOMMENDATION: Recommendation that the Board of County Commissioners
approves and authorizes the Chairman to sign an Agreement Authorizing the Collier
County Sheriffs Office to have traffic Control jurisdiction over private roads within the
Banyan Woods Master Association, Inc.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
Michael J. Hedberg, Esquire, Chief of Court and Legal Services
Collier County Sheriffs Office
Attachment: Agreement
[06.0121/1203559 /1)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.J.16.J.3.
Item Summary: Recommendation to 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 Banyan Woods Master Association, Inc.
Meeting Date: 9/8/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
8/20/2015 3:01:24 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
8/20/2015 3:01:25 PM
Approved By
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 8/20/2015 3:12:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/20/2015 4:49:47 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/21 /2015 8:57:21 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/22/2015 10:52:29 AM
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COLLIER COUNTY SHERIFF'S OFFICE
MEMORANDUM
TO: Kay Nell, County Attorneys Office
FROM: Michael J. Hedberg, Collier County Sheriff's Off
DATE: August 18, 2015
RE: Banyan Woods Master Association, Inc. Traffic
Control Agreement
Attached please find the fully executed traffic control agreement for the
Banyan Woods Master Association, Inc. The agreement is ready to be
submitted for review by the Collier County Board of County
Commissioners. Please call me at 252 -0662 if there are any questions or
concerns.
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F AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
` CONTROL 7URISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
g
BANYAN WOODS MASTER ASSOCL4 TION, INC.
THIS AGREEMENT is made and entered into this day of
, 20_—, by and among the following three
parties: Banyan Woods Master Association, Inc., 4880 Rustic Oaks Circle,
Naples, Florida 34105 (hereafter the "Property Owners Association'; the Collier
County Sheriffs Office, 3319 East Tamiami Trail, Naples, Florida 34112; and the
Board of County Commissioners of Collier County, Florida, 3299 East Tamiami
Trail, Suite 303, Naples, Florida 34112.
WHEREAS, all roads within the subdivision Banyan Woods Master
Association, fnc., (hereinafter the "Subdivision's (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 July .17 2015, attached hereto as Exhibit "A," 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), Florida 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
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WHEREAS, representatives of the Collier County Sheriffs Office have
monitored traffic on private roads within the Subdivision and have affirmed that
traffic enforcement by the Collier County Sheriffs 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),
Florida 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), Florida Statutes, the Collier
County Sheriffs 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 Sheriffs 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
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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 Sheriffs 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 Collier County Sheriff, and their agents and employees
from all suits and actions, including attorm�s' fees and all costs of
Litigation and judgments of any name and description arising out of or
incidental to performance under the terms cf this Agreement.
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IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
WITNESSES: Banyan Woods Master Association, Inc.
t-i`g-rQzbre of First Witness
'1_ By:
4011 -4( L Gary Cri ', President
Print Name of First Witness
a
Signature of Second Witness
Print Name of Second Witness
WITNESSES:
ignature of First Witness
COLLIER COUNTY SHERIFF'S OFFICE
Print Name of First Witness
"J�-
� '6'
. y 7
Nnature of Second Witness
T, l?. Gj c L-L(A-,,
Print Name of Second Witness
P.?/
/r.s-
•• jlVASK, Sheriff
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
a
Deputy Clerk
Approved as to form and
legality:
, Chairman
Jennifer A. Belpi4o
Assistant County Attorney �CN� �•,01�
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Banyan Woods Master Association, Inc.
4880 Rustic Oaks Circle
Naples, Florida 34105
July 17, 2015
Collier County Sheriffs Office
Attention: Legal
3319 Tamiami Trail East
Naples, Florida 34112
RE: Banyan Woods Master Association, Inc, Traffic Control Agreement Request
To Whom It May Concern:
The Banyan Woods Master Association, Inc. is submitting the attached form agreement and supporting
documentation for consideration and approval. The Association is requesting the Collier County
Sheriffs Office enforce the traffic laws of the State and County on its private roadways.
Attached, for your reference, please find the Agreement Approving and Providing for County Traffic
Control Jurisdiction over Roads within the Subdivision," Exhibit "A" (this letter), Exhibit "B" (an original
letter from Gerard F. Maron PE certifying all signs are consistent with the approved plans for the
subdivision), and Exhibit "C" (a Signage and Striping Plan depicting the subdivision and private roads the
Association wishes to be patrolled by the Sheriffs office).
If there is any additional information required, please contact our Community Association Manager,
Janet Howard at 239.877.7457 or via e-mail janeth @directorschoicelic.com. We look forward to your
response.
Best regards,
07
Gary Crisci, Pr ent
Banyan Woods Master Association, Inc.
4880 Rustic Oaks Circle
Naples, Florida 34105
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GFMaronPE
9/8/2015 16.J.3.
Structural Engineering
Building Envelope
Forensics `I
June 15, 2015
Banyan Woods Master Association, Inc.
c/o Janet Howard
Directors Choice
3784 Progress Avenue
Naples, FL 34104
Subject: Banyan Woods
Traffic Control Signage Survey
Naples, Florida
Dear Ms. Howard:
In conformance with my proposal of March 31, 2015, approved site development plans
for Banyan Woods were obtained from the Collier County Building Review Division.
Included in these plans was Drawing 18; Signage and Stripping Plan. This drawing was
the used to locate most of the existing traffic control signs in this sub - division.
A reduced sized copy of Drawing 18 is attached. All signs originally shown on the
drawing are highlighted. All of these signs were installed in the locations indicated.
Two stop signs were added in addition to the signs on the drawing. These signs are also
shown on the attached Drawing 18. Stop Sign 1 was added at the exit of the parking area
at the community center. Stop Sign 2 is located at the community exit onto Airport Road.
This sign is in the County Right of Way.
Additionally, three "Keep Right" pictogram signs were added to the traffic circle at the
community's main entrance.
All of the community's traffic control signs conform to Florida Department of
Transportation Guidelines with regards to size and reflectivity.
Based on my examinations of the approved site development plans and the signs in place
in the Banyan Woods Sub Division, it is my professional opinion that these signs are
completed and are in substantial accordance with the approved sub division construction
plans
If you have any questions, feel free to contact me at 239 - 963 -4064.
Sinc rely.
erard F. Maron PE
FL PE 61298
21561 Windham Run, Estero FL 33928 -3290 239 - 963 -4064
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