Resolution 2013-221 RESOLUTION NO. 2013- 221
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING PROCEDURES
RELATING TO EMERGENCY REPAIRS OF PRIVATE ROADS.
WHEREAS, Collier County has a long and continued history of both extensive flooding
and brush fires; and
WHEREAS. many private roads are located in areas of the County which are most
susceptible to extensive flooding and brush fires; and
WHEREAS, from time-to-time these private roads become impassable to emergency
vehicles: and
WHEREAS, having these roads impassable to emergency vehicles puts not only the
residents along these roads in great peril, but also endangers neighboring residents of Collier
County, especially during wildfire events; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that "safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration, counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WHEREAS, the Board wishes to balance its obligations to safeguard the health, safety
and welfare of the citizens of Collier County, with its duty to respect the Constitutional private
property rights of owners of private roads.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the following procedures for
emergency repairs of private roads are hereby established:
1. This process is to be initiated by the dependent or independent Fire District which
services the private road in question, or by the Collier County Sheriff.
2. Whenever a dependent or independent Fire District, or the Collier County Sheriff,
determines that a particular private road within their jurisdiction has become impassable to
emergency vehicles, they shall notify the County Manager who shall bring the matter to the
Board for a public hearing. The residents along the private road shall be notified of this hearing
in advance. This notice can be waived in cases of immediate public emergencies.
1
3. If the Board concurs with this determination, the Board shall direct the County
Manager to take immediate action to make the minimum necessary repairs required to facilitate
the transport of emergency service vehicles.
4. Following the necessary repairs to the road, the County Manager will send out a
letter to each property owner serviced by the road and request that they form a voluntary MSTU
for the sole purpose of road maintenance, and shall assist the residents for such purpose. Should
the residents fail to establish a voluntary MSTU within six month's time, the County Manager
will place an item on the Board's agenda to establish an involuntary MSTU.
5. Initial funds generated by the MSTU shall be used to repay the County its full
cost in repairing the road. Thereafter, MSTU funds will be held in a separate account for future
road maintenance and repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this Z• -\-. day of e..vcch►.bc.)r— , 2013.
ATTEST:; '% BOARD OF •UNTY COMMISSIONERS
DWIGHT E. BROCK, CJ ERK COLLIE' • j Y, FLORIDA
By: ', C • By:
-,uty Clerk G� •,• VIAV• . HILLER, ESQ.
Attest astoC .
signature only., CHAIRWOMAN
Approve + arm and legality:
Jeffrey A 1 ow, County Attorney
2