Agenda 07/24/2012 Item #16J1Proposed Agenda Changes
Board of County Commissioners Meeting
July 24, 2012
MOVE ITEM #16J1 TO #13A1: 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 VALENCIA LAKES SUBDIVISION.
(COMMISSIONER COLETTA'S REQUEST)
Withdraw Item 16H1: Miscellaneous correspondence to file with action as directed. Document(s)
have been routed to all Commissioners and are available for review in the BCC office until approval.
(Staff's request, this item was inadvertently entered two times)
Continue Item 17F to the September 11, 2012 BCC Meeting: Recommendation to approve a
resolution designating the Close -Out of eleven (11) adopted Planned Unit Developments (PUDs) which
have fully completed development pursuant to their development orders constructing up to the
authorized density and /or intensity and have been found by county staff to be compliant with their
specific developer commitments. (Staff's request)
Continue Item 17G to the September 11, 2012 BCC Meeting: Recommendation to approve a
resolution designating the Close -Out of four (4) adopted Planned Unit Developments (PUDs) which
have fully completed all or portions of their development and have constructed up to the authorized
density and /or intensity, and have been found by county staff to have only one relevant
transportation commitment remaining. (Staff's request)
Continue Item 17H to the September 11, 2012 BCC Meeting: Recommendation to approve a
resolution designating the Close -Out of the adopted Audubon Country Club Planned Unit
Development (PUD) which has fulfilled all of their commitments within their development orders
except for one transportation commitment remaining which will be tracked through the Commitment
Tracking System. (Staff's request)
Time Certain Items:
Item 11A to be heard at 10:45 a.m.
Item 9A to be heard at 1:00 p.m.
7/24/2012 8:45 AM
7/24/2012 Item 16..x. ` .
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 Valencia Lakes 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 Valencia Lakes Master Property Owners 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 Valencia Lakes Subdivision. Representatives of the Sheriff's
Office have affirmed that traffic control of the Valencia Lakes 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.
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 legally sufficient for Board action and
requires a majority vote of the Board. - JBW
RECOMMENDATION: Recommendation that the Board of County Commissioners
approves and authorizes the Chairman to sign an Agreement authorizing the Collier County
Sheriff's Office to have traffic control jurisdiction over private roads within the Valencia
Lakes subdivision.
Prepared by: Jennifer B. White, Assistant County Attorney
Michael J. Hedberg, Esquire, Captain of Legal Services
Collier County Sheriffs Office
Attachment: Agreement
Packet Page -3121-
COLLIER COUNT
Board of County Commissioners
Item Number: 16.J.1.
7/24/2012 Item 16.J.1.
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 Valencia Lakes Subdivision.
Meeting Date: 7/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
6/20/2012 8:29:29 AM
Approved By
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 6/25/2012 2:03:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/27/2012 3:39:43 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 7/2/2012 9:36:13 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 7/9/2012 11:03:22 AM
Packet Page -3122-
7/24/2012 Item 16..x.1,
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL 3URISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC.
THIS AGREEMENT is made and entered into this day of
2012 by and among the following three
parries: Valencia Cakes at Orangetree Homeowners' Association, Inc. (hereafter
the "Property Owners Association"); the Collier County Sheriffs Office, 219 fast
Tamiami Trail, Building 1, Naples, Florida 34112; and the Board of County
Commissioners of Collier County, Florida, 3 2 9 9 East Tarnlami Trail, Building F,
Naples, Florida 34112.
WHEREAS, all roads within the subdivision Valencia Lakes at Orangetree,
(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 July 22, 2011, 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), HQrida 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
parries 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
Packet Page -3123-
T24/201 ? Item 16...1.
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 Hoard 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 .S+tatvtas
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 .Siaiute5:
3. Pursuant to Subsection 316.006(3)(b)(2), Florida StatuW 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 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
Packet Page -3124-
7/24/2012 Item 16.J.1,
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
responsibility for construction and /or repair of any of the same, including
sgnage, 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 TO 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)(bxl), 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.
g. 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.
Packet Page -3125-
71124/2012 Item 16.J.
Ili WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement
VALENCIA LADS AT ORANGRETREE
HOMEOWNERS` ASSOCIATION, INC.
WITNESSES:
( r
By:
Signature of First Witness EA President -}1oiE
c'5Asm"\ Grtene -
Print Name of Fr ess
ignature of Second Witness
Print Name of Second Witness
Print Name bf First Witness
Signature of Second Witn
Deim"'4 F-6'oJQ-L1
Print Name of Second W ess
ATTEST:
DWIGHT E. BROCK, Cleric
Deputy Clerk
COLLIER COUNTY SHERIFFS OFFICE
Approved for
form and =fficiency.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
a
Approved as to form and legal sufficiency:
��\
Assistant County Attomey
Packet Page -3126-
, Chairman
7/24/2012 Item 16.J.1.
VI'SION Exhibit
ASSOCIATION
MANAGEMENT
11691 Gateway Boulevard, Suite 203
Fort Myers, Florida 33913
Ph. 239 -561 -1444 Fax 239 - 561 -5770
www .visionassociationmanagement.com
July 22, 2011
TO: Collier County Sheriffs Office
FROM: Valencia Lakes at Orangetree HOA
2700 Orange Grove Trait
Naples, FL 34120
by its Property Manager — Vision Association Management
11691 Gateway Blvd. #203
Fort Myers, FL 33913
Please patrol all roadways within the Valencia Lakes at Orangetree HOA subdivision and exercise
jurisdiction over these private roads by enforcement of state and county traffic laws.
Thank you
Skip iazzaro, CAM
Vision Association Management
Frank "S1cip" Law.aro, CAM
VISION
ASSOCIATION
MANAGEMENT
11691 Garmay Blvd, Suite 2o3 P (239) 561-1444,
Fort Myers, Florida 33913 C (239) 887 -1619
skiplCevisiongo15nanagemenr-com F (239) 561 -5770 j
*V,I .Via— cmdario"MdMgfMM4 min
Relationships — Service — Success
Packet Page -3127-
7;2412012 Item 16..1.1.
Wlboo7MUIer ${aM�
3200 Bailey Lane, Suite 200
Naples, FL 34105
Tet (239) 649AW
August 31, 2011
Sheriff Kevin J. Rambosk
Collier County Sheriffs Office
3301 East Tamiami Trail, Building, J
Naples, Florida 34112
Subject: Valencia Lakes
Traffic Control Compliance
Engineer's Certification (Exhibit B)
Dear Sheriff Ralnbosk:
Pursuant to the requirements of the `Agreement Approving and Providing for County Traffic
Control Jurisdiction Over Roads' within the Subdivision of Valencia takes, please accept this
letter as confirmation that, based upon our site observation and to the best of our knowledge
and belief, the signage and striping within the subject Project has been completed in substantial
accordance with the Collier County approved construction plans and FDOT signage and striping
standards, as applicable.
I trust that this information is sufficient for your use. If you have arty questions or need additional
information, please feel free to contact me.
Sincerely,
Sfantec
a .
David J. Hurst, PE, LEER AP
Sertior Project Manager
C: Skip' ,q ro, Vision Assoc. Management
Chad MciCxrun, PE Staritec
SEP 0% 2n
R�C ylloNlsj
V 1215ftc ive12 1 56 1 0409Lshared%oD espondenw%ECOR LTR Vaiencia_Lakes to Sheriff Kav6 Rwnbosh_ro Agreement Apt,
oving County_Traffrc Control REV o2,6=
Packet Page -3128-
7/24/2012 Item 16.J.1.
VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC.
UNANIMOUS WRITTEN CONSENT AND
RESOLUTIONS OF THE BOARD OF DIRECTORS
The undersigned, being all of the current directors of Valencia Lakes at Orangetree
Homeowners' Association, Inc. ( "Association ") hereby adopt the resolutions set forth below, to
wit:
I . RESOLVED, that Ed Suchora is currently and was the duly elected President of
the Association when he executed the Agreement Approving and Providing For County Traffic
Control Jurisdiction Over Roads Within the Subdivision of Valencia Lakes at Orangetree
Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A" (the
"Agreement"}; and
2. RESOLVED, that the Board ratifies Ed Suchora's execution of the Agreement;
and
3. RESOLVED, that the Board hereby ratifies the action of Skip L=aro, CAM,
Vision Association Management when he signed the letter dated July 22, 2001 addressed to the
Collier County Sheriff's Office, a copy of which is attached to the Agreement as Exhibit "A ".
6251017
Ed Suuchorraa, Director
Date:
Rob June, Director
Date:
Michael Buchman, Director
Date: 16 1z
Packet Page -3130-
Exhibit it ;1 7/24/2012 Item 16.J.1.
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL 3URISDIC1I0N OVER ROADS WITHIN THE SUBDIVISION OF
VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC.
THIS AGREEMENT is made and entered into this day of
. 2012 by and among the following three
parties: Valencia Lakes at Orangetree Homeowners' Association, Inc. (hereafter
the "Property Owners Association"}; the Collier County Sheriffs Office,3 21.9 fast
Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County
Commissioners of Collier County, Florida, 3 2 9 9 East Tamiami Trail, Building F,
Naples, Florida 34112.
WHEREAS, all roads within the subdivision Valencia Lakes at Orangetree,
(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 July 22, 2011, 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)(x), Holida Statvtvs, 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
Packet Page -3131-
7/24/2012 Item 16.J.1.
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 Sherifrs Office is appropriate, and has
agreed to provide traffic control enforcement in the geographic areas requested;
and
WHEREAS, a prrh ate 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), Frorida Statutes.
3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier
County Sheriff's Office hereby expressly waives the statutory requirement
conceming 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
Packet Page -3132-
7/24/2012 Item 16.J.1.
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 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
316.806(3)(b)(1), Florida Statutas, 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.
4. 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.
Packet Page -3133-
7/24/2012 Item 16.J.1.
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
Signature of First Witness
!C-5, X � G�to e-
Print Name of Fpst Witness
-// /-�, /Joj�
ti- I
gnature of Second Witness
Print Name of Second Witness
S, L f
Print Namelof First witness
Signature of Second Witn
Dz&r�4 r6p -1Q-
Print Name of Second Witness
ATTEST:
DWIGHT E. BROOK, Clerk
Deputy Clerk
VALENCIA LAKES AT ORANGRETREE
HOMEOWNERS' ASSOCIATION, INC.
gy;_ ---'
EA 5uzVta rv-- , President °Wh
COLLIER COUNTY SHERIFFS OFFICE
r i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
a
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Packet Page -3134-
, Chairman
7/24/2012 Item 16.J.1.
VI'SION �" 1 )
Exhibit
ASSOCIATION
MANAGF -MENT
11691 Gateway Boulevard, Suite 203
Fort Myers, Florida 33913
Ph. 239 -561 -1444 Fax 239 -561 -5770
www.visionassociationmanagement.com
July 22, 2011
TO: Collier County Sheriff's Office
FROM: Valencia Lakes at Orangetree HOA
2700 Orange Grove Trail
Naples, FL 34120
by its Property Manager —Vision Association Management
11691 Gateway Blvd. #203
Fort Myers, FL 33913
Please patrol all roadways within the Valencia Lakes at Orangetree HOA subdivision and exercise
jurisdiction over these private roads by enforcement of state and county traffic laws.
Thank you-
. <_�, . ��
Skip Lazzaro, CAM
Vision Association Management
Frank "Skip" 1= =,, CAM
VISION
ASSOCIATION
MANAGEMENT
11691 Gateway Blvd, Suite 203 P (239) 561 -1444 ,
Fort Myers, Fiaiiaa 33913 C (239) 887 -1619
skip�isiongalEnanagement cwn F (239) 561 -5770
vmnU vuierattociatiortnwnagement, evm
Relationships — Service --- Success
Packet Page -3135-
7/24/2012 Item 16.J.1.
Wrls¢nMiller StaMec
3200 8aHey Lane, Suite 200
Napless, Ft. 34105
Tel: (239) 649 -4040
XIHD1
August 31, 2011
Sheriff Kevin J. Rambosk
Collier County Sheriffs Office
3301 East Tamiami 'frail, Building J
Naples, Florida 34112
Subject; Valencia Lakes
Traffic Control Compliance
Engineer's Certification (Exhibit B)
Dear Sheriff Rambosk:
Pursuant to the requirements of the "Agreement Approving and Providing for County Traffic
Control Jurisdiction Over Roads" within the Subdivision of Valencia Lakes, please accept this
letter as confirmation that, based upon our site observation and to the best of our knowledge
and belief, the signage and striping within the subject Project has been completed in substantial
accordance with the Collier County approved construction plans and FDOT signage and striping
standards, as applicable.
I trust that this information is sufficient for your use. if you have any questions or need additional
information, please feel free to contact me.
Sincerely,
Stantec
David J_ Hurst, PE, LEED AP
Senior Project Manager
C: Skip La=aro, Vision Assoc. Management
Chad McK mm, PE Staniec
SEp 0 2 2U"
V: 1215ftctive12l5610409LsharedlcorrespondencelECOR— LTR_Valencia_Lakes t4 Sheriff Kevin Rwnbosk_"reem -t App;
oving_Cauntrjraf c Control REV 02.d=
'Packet Page -3136-
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