Agenda 01/28/2014 Item #16J31/28/2014 16.J.3
EXECUTIVE 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 Tarpon Bay Subdivision.
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 Sheriff's Office.
CONSIDERATIONS: The Tarpon Bay Community Association, Inc. (hereinafter Master
Association), and the Collier County Sheriff's Office have negotiated . the attached
Agreement. The Sheriff's Office will assume traffic control jurisdiction over private roads
within the Tarpon Bay subdivision. Representatives of the Sheriff's Office have affirmed
that traffic control of the Tarpon Bay subdivision 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 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 Sheriff s Office. The Agreement can
be terminated by the Board or by the Master Association.
n FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The
Agreement specifies that the Sheriff s 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
Tarpon Bay subdivision.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
Michael J. Hedberg, Esquire, Chief of Court and Legal Services
Collier County Sheriff's Office
Attachment: Agreement
Packet Page -813-
1/28/2014 16.J.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1611613.
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 Tarpon Bay Subdivision.
Meeting Date: 1/28/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
1/14/2014 11:03:46 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
1/14/2014 11:03:48 AM
Approved By
Name: LehnhardPat
Title: Operations Coordinator,Transportation Administrati
Date: 1/14/2014 11:15:25 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 1/14/2014 3:51:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/16/2014 9:17:40 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/21/2014 10:12:48 AM
Packet Page -814-
Name: OchsLeo
Title: County Manager
Date: 1/21/2014 2:14:58 PM
Packet Page -815-
1/28/2014 16.J.3.
1/28/2014 16.J.3.
^ AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL 3URISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
TARPON BAY COMMUNITY ASSOCIATION
THIS AGREEMENT is made and entered into this day of
_ , 201_ by and among the following three parties: Tarpon
Bay Community Association (hereafter the "Property Owners Association'l; the
Collier County Sheriffs Office, 3301 East Tamiami Trail, Building ], 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 Tarpon Bay Community
Association, (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 November 6, 2013, attached hereto as Exhibit "A,
requesting that the Collier County Sheriff's 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 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
Packet Page -816-
1/28/2014 16.J.3.
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 "Bff); 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 StMdM
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 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 Sheriffs Office shall, commencing on the date of final
approval by the Hoard 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
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 Sheriffs Office has any duty or
2
Packet Page -817-
1/28/201416.J.3.
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 Sheriffs 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 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.
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
WITNESSES: Tarpon Bay Community Association
Signature of First Witness :�
ar AtLc,e ��F�n,� B Steven Sheaf, Vice P nt
Print Name of First Witness
3
Packet Page -818-
Signature of Ifecond Wiffess
Line{ -Ala- e
Print Name of Second Wit 6ss
(/- *Mcf6
Print Name of Second Witness
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legalit.y:
JEMfTPER A. BEL EDIO
1128/201416.J.3.
COLLIER COUNTY SHERIFF'S OFFICE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING , Chairman
Assistant County Attorney I t3.\ 4
4
Packet Page -819-
MICHAEL VOGEL - PRESIDENT
STEVE SHEAF - VICE PRESIDENT
ROMA WARMINGTON — TREASURER
November 6, 2013
Collier County Sheriff
3319 East Tamami Trail, Bldg J
Naples, Fl 34112
Dear Sir,
1/28/2014 16.J.3.
KRISTEN CHARDO - SECRETARY
JOE PIGNATELLO 2ND VICE PRESIDENT
We have had several occurrences of residents and non residents speeding within
the Tarpon Bay Community. We are concerned with the safety of our children,
walkers and dog walkers.
We would like the Collier County sheriffs to be able to come into your community
and enforce the traffic laws of the State and County on Tarpon Bay's private
roads.
We have completed all of the necessary requirements and are ready for you to
process this request.
Sincerely Yours,
9
Michael Vogel
President
TARPON BAY COMMUNITY ASSOCIATION, INC., 2050 CASTAWAYS Court, NAPLES, FL 34119
TEL. NUMBER 239 - 596 -2375, FAX NUMBER 239 - 596-7387
Packet Pape -820, ��
I- . ,
1/28/2014 16.J.3. I
GradyMinor
Civil Engineers • Land Surveyors • Planners • Landscape Architects
November 6, 2013
December 2, 2013 (revised)
Ms. Candace DeHaan, Manager
Tarpon Bay
2050 Castaway Court
Naples, FL 34119
RE: Traffic Signage — Tarpon Bay
Dear Ms. DeHaan:
Per your request the undersigned made a site inspection of the internal roads of Tarpon Bay and
found all traffic signage (Stop signs, Round -a -bout, Speed Limit, etc.) in conformance with the
approved development plans. We have also reviewed current State Requirements for the signage
and find it in conformance with those standards.
If you have any questions or need additional assistance, please call.
V ry Truly Yours,
iy/2/ta /3
David W. Schmitt, P.E.
FL License #41671
DWS :jj
C: Michael Hedberg, Collier Sheriff Office r, o
�0
rwl mr-
r n irn
N ch
T Nn
w s 00
_ -n C
0 !� -n z
rn
—1
N
Q. Grady Minor & Associates, P.A. Ph. 239- 947 -1144 • Fx: 239 - 947 -0375
G:�PROJ -EP � 10- 13.docx
3800 Via Del Rey Packet Page -821- EB 0005151 • LB 0005151 • LC 26000266
Bonita Springs, FL 34134 Z)1-K%1 io t C 1'1 _ www.gradyminor.com
1/28/2014 16.J.3.
GradyMinor
Civil Engineers • Land Surveyors • Planners • Landscape Architects
November 6, 2013
Ms. Candace DeHaan, Manager
Tarpon Bay
2050 Castaway Court
Naples, FL 34119
RE: Traffic Signage — Tarpon Bay
Dear Ms. DeHaan:
Per your request the undersigned made a site inspection of the internal roads of Tarpon Bay and
found all traffic signage (Stop signs, Round -a -bout, Speed Limit, etc.) in conformance with the
approved development plans.
If you have any questions or need additional assistance, please call.
VeMTruly Yours,
"' /I/ b11-3
David Schmitt, P.E.
FL License #41671
DWS:jj
Q. Grady Minor & Associates, P.A. Ph. 239 -947 -1144 • Fx: 239 - 947 -0375
3800 Via Del Rey G:. PROJ-E Packet Page -822- n 10-13AO " EB 0005151 • LB 0005151 • LC 26000266
Bonita Springs, FL 34134 r �� "
�� (-� t � i C �J www.gradyminor.com
Print Map
1/28/2014 16.J.3.
Page 1 of 1
-rl o G 1.wftppbs. %pn
TI•R O O►l 'gM%
http:// www .collierappraiser.com/webmap /j Packet Page - 824 -= &orient= LANDSCAPE&pa... 9/23/2013
1128/2014 16.J.3.
rm
s•. 1 - � .t y, �
Mal
SAA
11 RR
IIIIII��G
t - _
• � � Vii
IF min
II
I
I1
I
II 1
Q7
Packet Page -825-
Detail by Entity Name
it by Entity Name
ARPON BAY COMMUNITY ASSOCIATION, INC.
ment Number
N00000005725
IN Number
593700593
Filed
08/25/2000
FL
is
ACTIVE
Event
AMENDMENT
t Date Filed
09/25/2003
t Effective Date
NONE
050 CASTAWAYS COURT
NAPLES, FL 34119
Changed: 04 /2712008
Mallino Address
050 CASTAWAYS COURT
APLES, FL 34119
hanged: 04/27/2008
Re istered Agent Name & Add
OGEL, MICHAEL PRES
050 CASTAWAYS COURT
APLES, FL 34119
Name Changed: 04 /1412011
c ddress Changed: 04 /27/2008
t icer /Director Detail
Name & Address
Title PRES
OGEL, MICHAEL
12011 TARPON BAY DR N #202
INAPLES, FL 34119
1/28/2014 16.J.3.
http: / /search.sunbiz.org /Inquiry/Corporatic Packet Page - 826- >ultDetail/EntityName /dome... 1/10/2014
Detail by Entity Name
M&
kF, STEVEN
TARPON BAY DR N #202
.ES, FL 34119
TREA
VARMINGTON, ROMA
660 TARPON BAY DR S #102
IAPLES, FL 34119
SEC
,HARDO, KRISTEN
846 TARPON BAY DR S
IAPLES, FL 34119
2VP
'IGNATELLO, JOSEPH
750 TARPON BAY DR S #201
IAPLES. FL 34119
Report Year
Filed Date
2011
04114/2011
2012
04/09/2012
2013
03/25/2013
03/25/2013 — ANNUAL REPORT
View image in PDF format
04/09/2012 — ANNUAL REPORT
View image in PDF format
04/14/2011 --ANNUAL REPORT
View image in PDF format
04/14/2010 -- ANNUAL REPORT
View image in PDF format
04/28/2009 — ANNUAL REPORT
View image in PDF format
04/27/2008 — ANNUAL REPORT
View image in PDF format
04/20/2007 — ANNUAL REPORT
View image in PDF format
06/14/2006 — ANNUAL REPORT
View image in PDF format
04/26/2005 — ANNUAL REPORT
View image in PDF format
04/13/2004 — ANNUAL REPORT
View image in PDF format
09/25/2003 — Amendment
View image in PDF format
08/11/2003 — Amendment
View image in PDF format
04/23/2003 — ANNUAL REPORT
View image in PDF format
08/09/2002 — ANNUAL REPORT
View image in PDF format
05/15/2002 — ANNUAL REPORT
View image in PDF format
1/28/2014 16.J.3.
http: // search .sunbiz.org /Inquiry/Corporati( Packet Page - 827 - sultDetail/EntityName /dome... 1/10/2014
Detail by Entity Name
05/23/2001 --ANNUAL REPORT F View image in PDF format
.-� 08/25/2000 -- Domestic Non - Profit I View image in PDF format
1/28/2014 16.J.3.
.a�pnriment Sonrrhm _ Fnrmc;
Corwriaht s, and Pnvacv Policies
State of Florida, Department of State
http://search.sunbiz.org/Inquiry/Corporati(Packet Page - 828- sultDetail/EntityName /dome... 1/10/2014