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Agenda 12/10/2019 Item #16A 5 (Resolution: Massey Street, Tree Farm Road & Woodcrest Drive truck restrictions)12/10/2019 EXECUTIVE SUMMARY Recommendation to approve a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive. OBJECTIVE: To prohibit the operation of trucks and other commercial vehicles having a rated load- carrying capacity in excess of one (1) ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive. CONSIDERATIONS: Based on findings of a study promulgated by citizens complaints for Massey Street, Tree Farm Road, and Woodcrest Drive, the roadway network bordered by Vanderbilt Beach Road, Collier Boulevard, and Immokalee Road was reviewed for the operation of trucks in excess of one ton. The study found the percentage of truck use to be higher than what would normally be anticipated within a residential area. Based on the Florida Statutes, Chapter 316, the Board of County Commissioners is permitted to prohibit or regulate any class or kind of traffic found to be incompatible with the normal and safe movement of traffic on roads and streets under its jurisdiction. Section 130-3(a) of the Code of Laws and Ordinances of Collier County provides that “No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation…” Going forward, staff is including improvements to Massey Stre et as part of the upcoming Vanderbilt Beach Road extension project. These improvements will include a wider and safer pavement cross section and pedestrian facilities. FISCAL IMPACT: The fiscal impact associated with this item will be the cost of design, materials, and installation associated with signage necessary to prohibit the trucks and commercial vehicles as described and is estimated at $1,500. Funds are available within Transportation Fund (101), Traffic Operations Cost Center (163630). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The wrinkle to this request is Massey Street, which is a private road which has recently been opened to through traffic due to connections with public roads and is currently being used as a cut -through. The relevant County Ordinance provides as follows: Sec. 130-3. - Operation of trucks of over one-ton weight. (a) No person shall operate any truck or o ther commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation (emphasis added), except as hereinafter provided. (b) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of five tons upon the left lane of any multi -lane road or street in the county, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (c) The county administrator is authorized to determine those roads and streets upon which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' operation in the left lane is restricted, and, with the approval of the board of county commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads 16.A.5 Packet Pg. 1532 12/10/2019 and streets so designated and on the roads and streets approaching the roads and street s so designated, where applicable. (d) The provisions of this section shall not be applicable to the following: (1) The operation of emergency vehicles. (2) The operation of any vehicle owned or operated by a governmental agency, public utility, or contractor while engaged in the repair, maintenance, or construction of roads, streets, utilities, or structures along the roads and streets designated in accordance with this section. (3) The operation of garbage or trash trucks while actually engaged in the col lecting of garbage or trash along the roads and streets designated in accordance with this section. (4) The operation of a vehicle upon any road or street where necessary to the conduct of business, provided that such vehicles shall enter such designated r oads and streets at a safe intersection nearest the destination of the vehicle and shall proceed thereon no farther than the nearest intersection thereafter. (e) Any person who violates the provisions of this section shall be subject to prosecution in the manner prescribed by general law, and upon conviction, such person shall be subject to a fine, imprisonment, or both a fine and imprisonment as provided by general law. (Ord. No. 83-35, §§ 1, 3; Ord. No. 03-19, § 1, 4-22-03) The phrase “any road or street in the county” presumably includes both public and private roads. Florida Statute Sec. 316.006(3)(b), however, provides in part as follows: A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. Such as agreement would be difficult if not near impossible to obtain, as it would require the County to get each and every owner of parcels along Massey Street to sign o ff on the agreement, including the owners of the numerous unimproved parcels who may be difficult to locate. From a practical standpoint, given that this request is coming in part from the residents who currently live on Massey Street, it is unlikely that any owner along Massey Street will object to the truck ban, and accordingly, this statutory issue is unlikely to be raised. Should an objection later be received by one of the owners, the issue will need to be revisited. With that noted, this item is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To approve a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive. Prepared by: Daniel G. Hall, P.E., Transportation Engineering Division ATTACHMENT(S) 1. Resolution - No Thru Trucks Massey St Tree Farm Rd Woodcrest Dr_ (DOC) 2. Location Map (PDF) 16.A.5 Packet Pg. 1533 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 10842 Item Summary: Recommendation to approve a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through movements on Massey Street, Tree Farm Road, and Woodcrest Drive. Meeting Date: 12/10/2019 Prepared by: Title: Project Manager, Senior – Transportation Engineering Name: Daniel Hall 11/13/2019 1:27 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 11/13/2019 1:27 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 11/13/2019 1:36 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/13/2019 1:58 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 11/13/2019 3:44 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 11/15/2019 7:21 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/15/2019 7:24 AM Growth Management Department Gene Shue Additional Reviewer Completed 11/16/2019 10:49 AM Growth Management Department Jeanne Marcella Deputy Department Head Review Skipped 11/18/2019 2:53 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2019 5:19 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 8:12 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 9:11 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 1:45 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/24/2019 10:13 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 16.A.5 Packet Pg. 1534 RESOLUTION NO. 2019 -_______ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PROHIBITING THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH-MOVEMENTS ON MASSEY STREET, TREE FARM ROAD, AND WOODCREST DRIVE. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners to prohibit or regulate any class or kind of traffic found to be incompatible with the normal and safe movement of traffic on roads and streets under its jurisdiction; and WHEREAS, Sec. 130-3(a) of the Code of Laws and Ordinances of Collier County provides in relevant part that “No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation…;” and WHEREAS, Sec. 130-3(c) of the Code of Laws and Ordinances of Collier County provides in relevant part that “The county administrator is authorized to determine those roads and streets upon which such roads are to be prohibited, and…with the approval of the board of county commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads and streets so designated…;” and WHEREAS, an engineering study by the Collier County Transportation Department has indicated that excessive heavy truck through-traffic is not compatible with existing road conditions and road usage along Massey Street, Tree Farm Road, and Woodcrest Drive, since the streets are within a residential area and both the pavement width and the right-of-way width are not conducive to heavy truck traffic; accordingly the Collier County Transportation Department and the County Manager recommends that such heavy truck through-traffic be prohibited. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners does hereby prohibit the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through-movements on Massey Street, Tree Farm Road, and Woodcrest Drive, and does hereby direct the County Transportation Department to erect signs giving notice thereof after notification to the Collier County Sheriff. 16.A.5.a Packet Pg. 1535 Attachment: Resolution - No Thru Trucks Massey St Tree Farm Rd Woodcrest Dr_ (10842 : Resolution prohibiting the operation of trucks BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Collier County Sheriff for proper enforcement of this prohibition. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this __________ day of ____________________, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: By: ______________________________ , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 16.A.5.a Packet Pg. 1536 Attachment: Resolution - No Thru Trucks Massey St Tree Farm Rd Woodcrest Dr_ (10842 : Resolution prohibiting the operation of trucks Location Map Immokalee Rd Vanderbilt Beach Rd Woodcrest Dr Tree Farm Rd 16.A.5.b Packet Pg. 1537 Attachment: Location Map (10842 : Resolution prohibiting the operation of trucks Massey St, Tree Farm