Agenda 03/24/2009 Item #16B13
Agenda Item No. 16B 13
March 24, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a Resolntion authorizing posting No Trespassing Signs
pertaining to a dry retention pond that is located just South of the Intersection of
Michigan Avenue and 12th Street North to promote and protect the well-being of the
general public.
OBJECTIVE: For the Board of County Commissioners to approve a Resolution
authorizing posting of no trespassing signs on the land sUD'ounding the dry retention pond
that is located just South of the Intersection of Michigan Avenue and 12th Street North as
prescribed in Chapter 810, Florida Statutes and consistent with county law.
CONSIDERA nONS: The Collier County Road Maintenance Depa11ment has received
complaints from residents residing near the dry retention pond Ihat there have been
numerous neighborhood children playing in and around the dry retention pond. Based on
these complaints, the Transportation Services Department feels it is necessary to post
"No Trespassing" signs to promote and protect the well-being of the general public.
FISCAL IMPACT: The estimated cost of installation for the four "No Trespassing"
signs is $400.00; for which, the funds are available in the Transportation Services Fund
(101 ).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure,
requires only a majority vote for approval, and is othcrwise legally sufficient for Board
action.-SRT
GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners: (1) approve a
resolution authorizing posting No Trespassing signs upon the land surrounding the dry
retention pond that is located just south of the intersection of Michigan A venue and 12'h
Street North in accordance with County law and Chapter 810. Florida Statutes; (2) direct
the County Manager to direct the Collier County Transportation Administrator or his
designee to install and maintain appropriale signage at the aforementioned location; and
(3) forward a copy of this Resolution to the Collier County Sheriffs Office for proper
enforcement at the specilied location.
Prepared By: Travis D. Gossard, Superintendent Road Maintenance Department
Attachment: Resolution
Page 1 of 1
Agenda Item No. 16813
March 24, 2009
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B13
Recommendation to approve a Resolution authorizing posting No Trespassing Signs
pertaining to a dry retention pond that IS located just South of the Intersection of Michigan
Avenue and 12th Street North to promote and protect the well-being of the general public.
Meeting Date:
3/24/2009 90000 AM
Prepared By
Travis D. Gossard
Vegetation Management Supervisor
Date
Transportation Services
Hoad Maintenance
3/17/20093:23:18 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/17/2009 3:35 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
:\117/2009 3:S8 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
3117/20094:01 PM
Approved By
Pat Lehnhard
Executive Secret.ary
Date
Transportation Services
Transportation Services Admin
3/17120094:07 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3117120094:58 PM
Approved By
James V. Mudd
Cou nty Manager
Date
Board of County
Commissioners
County Manager's Office
31'1712009 5:09 PM
Agenda Item No. 16B 13
March 24, 2009
Page 3 of 4
RESOLUTION NO. 2009-
RESOLUTION AUTHORIZING POSTING OF NO TRESPASSING
SIGNS PERTAINING TO THE DRY RETENTION POND THAT IS
LOCATED JUST SOUTH OF THE INTERSECTION OF MICHIGAN
AVENUE AND 12'" STREET NORTH.
WHEREAS, Chapter 12:;.01 (1), Florida Statutes, empowers the Board of County
Commissioners (BCC) to adopt resolutions and to perfonn acts not inconsistent with law that are
in the common interest of the people of the county; and
WHEREAS, Chapter 810, Florida Statutes, sets forth a procedure for "posting" land with
conspicuous no trespassing signs to prevent unauthorized persons from entering upon or
remaining on such property without permission; and
WHEREAS, in accordance with its powers under Chaptcr 125, Florida Statutes, the BCC
has determined that it is in the public interest to post the land surrounding the dry retention pond
that is located just south of the intersection of Michigan avenue and 12''' Street North as
prescribed in Chapter 810 of the Florida Statutes to prevent unauthorized persons from entering
onto and upon the dry retention pond so as to promote and protect the well-being of the general
public.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA THAT:
1, It is hereby established that No Trespassing signs shall be posted upon the land
sunounding the dry retention pond that is locatcd just south of the intersection of
Michigan Avenue and 12''' Street North in accordance with County law and Chapter 810,
Florida Statutes. The County Manager is directed to direct the Collier County
Transportation Administrator or his designee to install and maintain appropriate signage
at the aforementioned location.
2. A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office for
proper enforcement at the specified location.
3. The effective date of this Resolution shall be after written notification to the SherifIs
Office and upon posting of appropriate signage.
This resolution adopted after motion, second, and majority vote favoring same this 24'"
day of March, 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
Approved as to form and
Legal sufficiency:
Scott R. Teach,
Deputy County Attorney
Agenda Item No. 16B 13
March 24, 2009
Page 4 of 4
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chainllan