Agenda 12/16/2008 Item #16J 2
Agenda Item No. 16J2
December 16, 2008
Page 1 of 12
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve and authorize
the Chairman to sign an Agreement authorizing the Collier County Sherifrs Office to
have Traffic Control Jurisdiction over Private Roads within the Verona Walk
Subdivision.
OBJECTIVE: That the Board of County Commissioners approve and authorize the
Chairman to sign the attached Agreement Approving and Providing for County Traffic
Control Jurisdiction Over Roads Within the Subdivision known as VeronaWalk,
CONSIDERATIONS: The VeronaWalk Homeowners Association, Inc. (hereinafter
Master Association), and the Collier County Sheriffs Office have negotiated the attached
Agreement. The Sheriffs Office will assume traffic control jurisdiction over private roads
within the VeronaWalk Subdivision. Sheriff Don Huntcr has affirmed that traffic control
of the VeronaWalk Subdivision is appropriate. A project cngineer hired by the Master
Association has provided a letter certifying that the Subdivision's roadway signage and
pavement markings meet the standards and requirements ofthc 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. The Agrecment can be terminated
by the Board or by the Master Association.
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FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The
Agreement specifies that the Sheriffs Office can negotiate with the Mastcr 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, is not
quasi-judicial and as such, ex-parte disclosure is not required. This item requires only a
majority vote. CMG
RECOMMENDATION: Recommendation that the Board of County Commissioncrs
Approve and authorize the Chairnlan to sign an Agrcement authorizing the Collier County
Sheriffs Office to have traffic control jurisdiction over private roads within the
VeronaWalk Subdivision.
Prepared by: Colleen M. Greene, Assistant County Attorney
CP,OS-SHF-0006S;3
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Agenda Item I~o. 16J2
December 16, 2008
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16J2
Item Summary:
Recommendation that the Board of County Commissioners 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 VeronaWalk Subdivision.
Meeting Date:
12/16/20069:0000 AM
Prepared By
Colleen Greene
Asststant County Attomer
Date
County Attorney
County Attorney Office
12/2/200610:36:47 AM
Approved By
Colleen Greene
County Attorney
Assistant County Attomer
County Attorney Office
Date
12/2/2008 10:4S AM
Approved By
County Attorney
Assistant County Attorney
County Attorney Office
Date
Jeff Klatzkow
12/3/20083:15 PM
Approved By
OMB Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12/4/20088:17 AM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Office of Management & Budget
Date
12/4/200811:S9AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/6/200610:29 AM
file://C:\A~endaTest\ExP0l1\ 118-December%20 16.'Y0202008\ 16.%20CONSENT%20AGE...
12/1 0/2008
AJenda item No. 16J2
-December 16. 2008
Page 3 of 12
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
VeronaWalk Homeowners Association, Inc.
THIS AGREEMENT is made
ce~Je.
and entered into this I~'fe.- day of
, 20 of{ , by and among the following three
parties: VeronaWalk Homeowners Association, Inc. (hereafter the "Property
Owners Association"); the Collier County Sheriff's Office, 3301 East Tamiami
Trail, Building J, 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 VeronaWalk, (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 February 26, 2008, 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), F/orida 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
Agenda Item No. 16J2
December 16. 2008
Page 4 of 12
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 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 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 Sheriff's 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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Aqenda Item No. 16J2
~December 16, 2008
Pa';J8 5 of 12
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 Sheriff's 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.
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Agenda Item No. 16J2
December 16. 2008
Page 6 of 12
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
VeronaWalk Homeowners Association, Inc.
WITNESSES:
0I~'5 I4A<:;il
Print Name of Irst Witness
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By: - ~'.(_~ - ?12htd.=us\
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Signatu of Second Witness
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Print Name of Second Witness
Date: 3(r'3/08
WITNESSES:
COLLIER COUNTY SHERIFF'S OFFICE
~<Y~hr
Signat6re of First ness
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HI/R.'( (!OtlRrR./Qllr
Print Name of First Witness
Date: /1- j 'f - () '8
Signature of econd Wit ess
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ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
C~~
Colleen M. Greene
Assistant County Attorney
.!\genda :tem ~~o. 16J2
December 16. 2008
Page 7 of 12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, Chairman
5
oJMb;t A
Agenda Item No. 16J2
December 16. 2008
Page 8 of 12
Office of the Town Center Manager
Phone: 239-774JOO26
Fax: 239-430-0022
February 26, 2008
Lieutenant Gibbons
Collier County Sheriff's Office
3301 East Tamiami Trail
Naples, FL. 34112
RE: Traffic Patrol within VeronaWalk of Naples
Dear Lieutenant Gibbons;
VeronaWalk of Naples is a gated Home Owners Association built around a Town Center
located right off of 951 (if traveling South about two miles before Rt. 41 on the left), I
am the Town Center Manager and I am getting increasing complaints about speeders in
our community.
Our Association requests that the Collier County Sheriff's Office patrol the private roads
within our community and exercises jurisdiction over our roads by enforcing State and
County traffic laws.
Thank you for your consideration and if! need to provide you with additional
information, please do not hesitate to contact me.
Sincerely,
~t?/A~
Lynn A. Bordman, CAM
Verona Walk Town Center Manager
Phone 239.774.0026
Fax 239.417.6694
AClenda item No. 16J2
- December 16. 2008
Page 9 of 12
Wilst)nMiller-
November 20, 2008
Sheriff Don Hunter
Collier County Sheriff's Office
3301 East Tamiami Trail, Building J
Naples, Florida 34112
Subject:
VeronaWalk
Traffic Control Compliance
Engineer's Certification (Exhibit B)
Dear Sheriff Hunter:
Pursuant to the requirements of the "Agreement Approving and Providing for County Traffic
Control Jurisdiction Over Roads within the Subdivision of VeronaWalk", please accept this letter
as confirmation that VeronaWalk Phase 1A, Phase 18. Phase 2A, Phase 28, Phase 2C, Phase
3A, Phase 3B, Phase 4A and Town Homes Phases 1 and 2 have been completed in substantial
accordance with the approved construction plans.
I trust that this infonmation is sufficient for your use. If you have any questions or need additional
information, please feel free to contact me.
Sincerely,
Wilson Miller, Inc.
.'
David J, Hurst, P.E.
Senior Project Manager
Senior Associate
c: Chris Hasty, Pulte Homes
3200 Bailey lane $uite200 Naples, Florida 34105
800.649.4336 239.649.4040 f 239.643.5716
WltsonMlller.com
11/20/2001I_ ""1(11- Vet;;j. o>-<,",~T
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Agenda Item No. 16J2
December 16. 2008
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Agenda Item No. 16J2
December 16. 2008
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Ag"nda Item No. 16J2
December 16. 2008
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