Loading...
Agenda 05/27/2008 Item #16J 5 Agenda Item No. 16J5 May 27, 2008 Page 1 of 12 EXECUTIVE SUMMARY Recommendation that the Board Of County Commissioners Approve an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Forest Park Subdivision OBJECTIVE: That the Board of County Commissioners approve and authorize 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 Forest Park 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 Forest Park Subdivision, Representatives of the Sheriff's Office have affirmed that traffic control of the Forest Park 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: The attached Agreement is in the format approved by the County Attorney's Office, - CMG RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement and authorize the Sheriff of Collier County to exercise traffic control jurisdiction over private roadways within the Forest Park Subdivision, and to authorize the Chairman to sign the attached Agreement on behalf of the Board of County Commissioners, r , Prepared by: Colleen M, Greene, Assistant County Attorney CP:08-shf-00063;2 Page 1 of 1 Agenda Item No. 16J5 May 27,2008 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J5 Recommendation that the Board Of County Commissioners approve an agreement authorizing the Collier County Sheriffs Office to have traffic control jurisdiction over private roads within the Forest Park subdivision. Meeting Date: 5/27/200890000 AM Prepared By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 5/81200810:04:17 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 5181200810:28 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 5114120083:31 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5118/2008 11 :27 AM Approved By John A. Y onkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 51181200812:54 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 51171200812:23 PM ,-. file:/fC:\AgendaTest\Export\] 08-May%2027,%202008\16.%20CONSENT%20AGENDA \1... 5f2 I/2008 .... Agenda Item No. 16J5 May 27, 2008 Page 3 of 12 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WlTHIN THE SUBDIVISION OF Forest Park Master Property Owners Association, .Inc. THIS AGREEMENT is made and entered into this day of , 20-----1 by and among the following three parties: Forest Park Master Property Owners Association, Inc. (hereafter the "Property Owners Association"); the Collier County Sheriffs 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 Forest Park, (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 April 4, 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), 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 Agenda Item No. 16J5 May 27, 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), Rorida 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 Agenda Item No. 16J5 May 27, 2008 Page 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 responsibillty 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 attomeys' 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. 3 Aqenda item No. 16J5 - May 27, 2008 Page 6 of 12 IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. Forest Park Master Property Owners Association, Inc. WITNESSES: /(15'1/1#',4/. f)wh/V Print Name of Rrst Witness By: Date: '1/ /I/tlf I ' s; +at1 ~/ p, Jr7 /:tOrr::... Print Name of Second Witness WITNESSES: HIfR.'I (!OUfl.1RIGl{t Print Name of First Witness R, Sheriff ~ Date:1:!-AR2J\, I f)~ Signature of S ond Wi ness -1b . iN I ~ ll. tel- ~'11/ e,.e. Print Name of Second Witness .~ 4 ATTEST: DWIGHT E, BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: ~JI;~m~ Colleen M. Greerre Assistant County Attorney Agenda Item No. 16J5 May 27, 2008 Page 7 of 12 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Arend a Item No. 16J5 n>:":,;. 'n::'" ivf -"1'1""""1 ~ ,_, ~... .... J ~.y c# ,...,4_uv..s,_ Page 8 of 12 !~l___ ,_-, '_. \....." , (. ,.:J ---.', <.J ...,....',-~-~_..-.-^..._-._--_.._.-..._-_.,._- EXHIBIT "A" Forest Park Master Property Owners Association, Inc 4060 Recreation Lane Naples, Florida 34116 All Correspondence To: Gulf Breeze Management Services, LLC 8910 Terrene Court, Suite 200 Bonita Springs, Florida 34135 Telephone: 239-498-3311 Fax: 239.498-4974 E-mail: Kevin.Durkin@gulfbreezemanagement.com s~ Dear Sheriff Hunter: As President of tbe Forest Park Master Property Owners Association, Inc. I am writing to request tbe assistance of your department to enforce tbe traffic laws of tbe State of Florida and Collier County on Forest Park's private roadways. Per instructions, attached is Exbibit"B", an original letter from SRW Engineering, Inc., Scan R. Weeks, P,E.,whiCh certifies tbat all signs are consistent with approved plans for Forest Park. Also attached is "Exbibit "C", a geographic map depicting Forest Park, which provides for a legal description and identifies the private roads Forest Park wishes patrolled by tbe Sheriff's Department. We look forward to a close working relationship with your Department. ~~t~.. IKl':etb R. Teebagy President, Forest Park Master Pr ~ Owners Association, Inc f' I, ..." '= '= ~- t3'~,-:: ~::':r ::;V ....,~.r "[> . =-jC ---j"::;" .-~ . :;",!-- 2~'.:;- ~H.. """ -'J ::TI "" ':.:> ;;0. :~.: C'). C::) Aaenda Item No. 16J5 - May 27, 2008 Page 9 of 12 SRW Engineering, Inc. PFKjF~SSiC)N,!lL ENC,lrJEERlr'JG FUR :"";lJ\JD L.)EV~LOP~."l~f-JT f~S:-::C Tl'rrcm(~ C:Oll:'., SLJI'f) 1 03 8Dni~.a Spr1n(IS. H. ,~4 ~ 35 DtiO:'G. :2:::,~;.9.~ 7JGO' ~-:;'X: 239.,--~~7.6036 April 4, 2008 Mr. Kenneth Teebagy, President Forest Park Master Property Owners Association, inc. cia Gulf Breeze Management Services, LLC 8910 Terrene Court, Suite 200 Bonita Springs, FL 34135 RE: Forest Park Subdivision Certification of Traffic Control Measures Dear Mr. Teebogy, Pursuant to the contract held b.etween the Forest Park Master Property Owners Association, Inc. and SRW Engineering, Inc.; the review ofeollier County approved Development Order construction plans and the subdivision inspection have been completed. Record status drawings associated with the individual construction phases, submitted for Collier County Preliminary Approval, were reviewed in detail aJong with a site inspection of the suhdivision's Rights.of. Wuy, The plans were compared with the: site inspection observations to verify type and location of traffic control measures ~ signage and pavement markings. It has been detennined that the development's existing traffic control measures are substantially consistent with the approved construction plans, The provided exhibit was developed to iHustrate placed signage and markings within the subdivision. Please note that Speed Limits signs at two locations and a stop sign were missing and should be (re)placed. Should you have any questions, please contact me directly at 239~947-3001, Sincerely. , ,/.l.~( j....~. /.. ,{.;""L Sean R. Weeks, P.E. SR W Engineering, Inc. FP T rafficControICeniflca!ionLtr(Re- issue I Agenda It<P~ rnJ5 May 27,2008 Page 10 of 12 f- ,~ ! http://maps,collierappraiser, com/output/Collier _2007_ sde02 725638 724413 .jpg 4/23/2008 U")CON ""O~ <l.I(O_ I:YNO ....0 r--:-- (j::N~ J>-'" ro'" 2'ro _ 0.. ro "0 C '" '" <( "" :::> :::> " - '" .t:! ~ OJ) P- "..." ('<') - J N ..... 00 ('<') \0 <n N ..... ~ ~ '" .....1 o o N ....' 0) :.:::l - o U ~ % ~ o (.) ~ "e Q., e- O) :.:::l '0 (.) .,; g- El ..'!/"/- 'i'/.' '_', iT,; _ ( ., ?-\' I; 1~ -.-:-':,--": _ J:. , I' '. 'lljM\" . - ;1"\'--,,:, , c..' "}---. ' . . [: _. ~.? ;_ ;____J[-:j~ ~~:.>--:I;i ') I"~ u::l1"I-' '-~- . ,'/ l .'- ; ,:_-'~ -) ;::/~-- --'-, ~/.,- II:" ~.,.--" "7,~, '~"_'I - c __~'.,.,..~---:-::==-~~ /'-1 ,'T~_7~1 --T';' r' 'c~_~~ I':-'! ~ ~:.~ ~!, 'iJ '-;:..-' : I: n. .0 " , , I'.'~.",...I,.:, . ~ ,0, .1." ~";'I . , .... f',.J, .~ ,., _'I I'''' : [,.-;- /;::.-;..I~4 f, ~.~._i ~-~ i: I [,-,. . 1/ _. '~"."o '.'..~'\7",1.-"':'..';.,.~,',_..'i._'~. -....:1.)1. '< .!ir:--}~'~, ff.~, i"'. . ~~. --! \:~~~l'~:' I !. .")2f"'~ iii(;J~"'21t: ~C~'. ~.:, or: . (t~, 'Il " 'y' !>-':':_''';~' . - . I. ~ .. I ! ieJ'~//----S:::0' ,". ., I: \\ >i!/'" "-'J/'/l<. . ,I :rfr~ ~ ;n! fl 'II" ,', ,'., !',i ,(!}._/ '~\.f) 'I I Wi ~ 1Im:\ : ,Ii,. ",Y , . I 'j ,.l., 1,;;':':'>. J ..1'," ',r, , \\ i/;~' .' ,.:.,:,__ I,., \,:\ . ..:..~J'l-I' '.'6 rr- :,'[ '0" []jffi , n' ,i ~ >h~' . ,.'1 if\~!" I'J ' ' ".~ ",,^, "iii . . (Wi "t.. , I :;, "/""', '-'-- JH. f I ,; I ' ' ....'-f,/.!]~:,. "Ii!E]." ...... ' (1)",-- _. _ ~;::I' ".1' 'l~)' .~.~~.,-~.. -r1~0~' 'j:~,_",\~c...__..c:., ____.n .=-'0.,,__. '--"U,ifl'r i ~ ': I 'i. U")CON -'O~ (00,,- _NO 'N ;j~ ~ '>.~ Croro J'!2'0.. I1l 'D C '" '" <( . r ... ".' r: -- ". ,<, .; \ , I Ie I , I , '.1 ~1 i : ;' ~ ..,.: , , _1__ i i <I,',' ~ :':'t, ." I:' " --- f . . .._,u'_-"".:_:::'_ _ " . ~. ,_ ~ . _....... .~, ' ~ ~~?~. . ."tT,-'- r""" 4";.' 'I' '1 / '''''~'5'/' V./" , / / ,,". -"1 L ,':..' . .1iX], . , I.", --: r () i" .,-, il I: !: . " . :~ ',' , I .' , ::