Agenda 03/24/2009 Item #16K 4
EXECUTIVE SUMMARY
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County Attorney report on fair share payments required to be paid towards the
installation, operation and maintenance of the traffic signal at the intersection of Pine
Ridge Road and Whippoorwill Lane.
OBJECTIVE: To provide the Board information relating to the County's ability to collect a fair
share contribution from the owners within the Sutherland Center Planned Unit Development for
the installation, maintcnance and operation of a traffic signal.
CONSIDERA TIONS: On March 10, 2009, Item 6A, the BCC directed thc County Attorney to
advise them on the ability of the County to collect a fair share contribution from the property
owners within the Sutherland Center Planned Unit Dcvelopmcnt for the traffic signal at the
intersection of Pine Ridgc Road and Whippoorwill Lane. One of the property owners, Mr. Rick
Johnson objected to the payment orthe fair share contribution.
Section 4.01 (C) of The Sutherland Center PUD (Ord. No. 84-65, as amended) provides:
C) TRANSPORTATION
The developer shall install all required road improvements within the project limits and
necessary modifications to Pine Ridge Road and Whippoorwill Road at project entrances as
deemed neccssary by the County Enginecr. The developer shall also commit to a pro-rata
_. share of the cost of installation of a trame signal at Whippoorwill Road, when and if a
signal is deemed to be warranted by the County Engineer. The following recommendations
of the County Traffic E:ngineer are hereby incorporated:
I. The developer shall provide "fair share" contributions toward the capital cost of
traffic signals at the intersection of Pine Ridge Road and Whippoorwill Lane, and
at the project entrance on Pine Ridge Road when deemed warranted by the
County Engincer. Ihe signals will be owned, operated llnd maintaincd by Collier
County.
The County Attorney's opmlon is that the owners of the Sutherland Ccnter Planned Unit
Development were responsible for their pro-rata share oftbe cost of installation ofa traffic signal
at the time the signal was installed, with the Couuty being responsible for the costs of operation
and maintenance of the trame signal including upgrades, expansion and replacement of the
trame signal. This responsibility, however, is likely no longer enlorceable.
According to the Transp0l1ation Division, the signal was installed in 2000. County records
indicate that the ilrst contact to the property owners was on November 7, 2006, by letter from
Ms. Devanas to the Naples Plaza Propel1y Owners Association. No legal claim by the County
was ever tIled. Any legal action now IJled to enforce this obligation would likely be met with a
defense asserting the Statute of Limitations. Accordingly, the County Attorney does not
recommend instituting legal action to cnlorce this obligation at this time.
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FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no direct grOlvth management impact.
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RF:COMMENDA nON: That the [5oard Or County COil1ml',sioners direct stan' cease its erf,iits
to collect the bir share contribution !i'om the owners or the Sutherland Center Planned L1nit
Development.
PREPARED BY: Jeni'ey A. K latzKoIV. County ,.\tlorney. und Heidi Ashton. Section Chief
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COLLIER COUNTY
30ARD OF COUNTY COMMISSiONERS
Item Number:
1GK4
Item Summary:
County Attorney repQrt on T3ir ,,-hare payrnents rc.;:wir~.,d to be paid towards the installation,
operation and n~aintenance of the traffic si'9na! at the interse~t:on of Pine Ridge Read and
Whippoorwill Lane
3,'24/200990000 ;\fv'l
Meeting Date:
Prepared By
Jeff Klatzkow
Assistant County Attorns-y
Date
County Attorney
County Attorne-y Offi:-~e
3/1T'20:j9 3:08:01 PM
Appro\'ed By
Jeff Kl.?ukoN
t,ssistant County Att{'fTI(,'Y
Dote
County Attorney
COU:lty Attorney 0:'[1(",0
3:!17/Z009 3:36 PI.Jl
Approved By
MElrk !s8::kson
Budget Ancdyst
Date
County r.Jlanag(;r's Office
O-;fice of Manage:mmt & Budget
:>1'17/;:009 5:29 PM
Approved By
James V. Mudd
Cour;tY!VI3t1?<'J8r
D<,:~e
Sc.nrd 0f C:ou:-:ty
C:)un~y Mar.aQer's Ofl'J;:;e
:';/1812009 12:40 prJl
Commissioners