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Agenda 10/13/2015 Item #11D10/13/2015 11. D. EXECUTIVE SUMMARY Recommendation to approve a Resolution directing the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles on Della Drive and approve all necessary budget amendments. OBJECTIVE: To make repairs to Della Drive to make the roads accessible for emergency vehicles. CONSIDERATIONS: As set forth in the back -up material, Greater Naples Fire Rescue District Chief, Kingman D. Schuldt recently advised the County as follows: "As a result of the information provided by numerous citizens, the Greater Naples Fire Rescue District conducted a number of site visits to the subject areas to assess the condition of several privately owned roadways located in Golden Gate Estates. • Della Drive has large portions that have been deemed impassible for use by fire rescue apparatus during emergency conditions. • Birdsong Lane is currently passable but suffering from numerous potholes of significant size and depth. This road is in need of immediate repair before it becomes impassible to fire rescue apparatus. • Keane Court is currently passable, comprised of rough chipped asphalt that appears to have been put down locally. Although the road is presently passable, initiating corrective maintenance measures sooner than later would serve the residents and fire district well. • Robin Drive is comprised of suitable asphalt, and is in good working condition. Any corrective actions considered by Collier County to these roadways will undoubtedly enhance our ability to access the residents, their properties, and improve the delivery of fire rescue services provided by the Greater Naples Fire Rescue District." Several property owners residing on Della Drive, Birdsong Lane, and Keane Court have expressed their concern for the existing roadway conditions and have inquired with staff about the options available to them to get the roadway corrected. Based on the letter from the Fire Chief, Della Drive is the only roadway that is currently impassible for use by fire rescue apparatus, and requiring immediate attention. The attached Resolution seeks to strike a balance with the Board's 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, and the prohibition of public expenditures for a private purpose. Since the cost utilized to repair the private roads will be ultimately borne solely by the residents serviced by the private road, the County Attorney has previously opined that the proposed procedure is legally sound. In accordance with the County's established procedures for emergency repairs of private roads, as set forth in Resolution 2013 -221, the attached Resolution requests the Board to do the following: 1. Waive notice of a public hearing to the residents of Della Drive as this is a case of an immediate public emergency. 2. Direct the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles along Della Drive. Packet Page -489- 10/13/2015 11.D. 3. Following the necessary repairs to the road, direct the County Manager to send out a letter to each property owner serviced by Della Drive and request that they form a voluntary Municipal Services Taxing -Unit (MSTU) for the sole purpose of road maintenance, and shall assist the residents for such purpose. Further, direct that should the residents fail to establish a voluntary MSTU within six month's time, that the County Manager will place an item on the Board's agenda to establish an involuntary Municipal Services Benefit Unit /Taxing Unit (MSBU/TU). 4. Direct that initial monies generated through assessment by the MSBU/TU shall be used to repay the County its full cost in repairing the road, and that thereafter, monies generated through t h e MSBU/TU will be held in a separate fund for future road maintenance and repairs. FISCAL IMPACT: The Road Maintenance Division estimates the work will be approximately $15,000 for materials and equipment to make the road passable. At this early stage of the budget year, sufficient funding exists in Road Maintenance to absorb the cost of the work. If deemed necessary later in the fiscal year a budget amendment moving dollars from Unincorporated Area General Fund (I 11) reserves to the appropriate cost center may be processed. As provided above, repayment will eventually occur through an MSBU/TU mechanism. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approves the attached Resolution directing the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles on Della Drive and approve all necessary budget amendments. Prepared By: Michelle Edwards Arnold, PTNE Division Director Attachments: 1) Golden Gate Estates Private Roadways Letter from Fire Chief; 2) Proposed Resolution; 3) Resolution 2013 -221 /0_� Packet Page -490- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. 10/13/2015 11. D. Item Summary: Recommendation to approve a Resolution directing the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles on Della Drive and approve all necessary budget amendments. Meeting Date: 10/13/2015 Prepared By Name: ArnoldMichelle Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department 9/29/2015 8:28:04 AM Submitted by Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department Name: ArnoldMichelle 9/29/2015 8:28:05 AM Approved By Name: SotoCaroline Title: ManagementBudget Analyst, Public Services Department Date: 9/29/2015 3:29:04 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/29/2015 4:29:18 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 9/30/2015 8:39:22 AM Name: GossardTravis n, Title: Division Director - Road Maintenance, Growth Management Department Date: 9/30/2015 10:53:53 AM Packet Page -491- Name: CarnellSteve 10/13/2015 11.D. Title: Department Head - Public Services, Public Services Department Date: 9/30/2015 1:29:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/30/2015 1:56:43 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 10/6/2015 11:59:23 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1 0/6/2015 5:01:37 PM Packet Page -492- September 25, 2015 GREATER NAPLES FIRE RESCUE DISTRICT ADMINISTRATIVE HEADQUARTERS 14575 Collier Boulevard • Naples, FL 34119 Phone: (239)349 -7540 Fax: (239)348 -7546 Kiu{mau Schuldt, Fire Chief Tim Nance, Board of County Commissioner Chairman Board of County Commissioners, District 5 3299 Tamiami Trail E, Suite Naples, FL 34112 -5746 Re: Golden Gate Estates Private Roadways 10/13/2015 11. D. Honorable Chairman Nance, Allow me to follow up on concerns brought to my attention during the September 15, 2015 community informational meeting hosted by Collier County regarding the condition of several private roads located in the Golden Gate Estates. As a result of the information provided by numerous citizens, the Greater Naples Fire Rescue District conducted a number of site visits to the subject areas to assess the condition of several ^ privately owned roadways located in Golden Gate Estates. • Della Drive has large portions that have been deemed impassible for use by fire rescue apparatus during emergency conditions. • Birdsong Lane is currently passable but suffering from numerous potholes of significant size and depth. This road is in need of immediate repair before it becomes impassible to fire rescue apparatus. • Keane Court is currently -assable comp-Issed of r�)� g.. chip —_ a-V1 alt that u.FFe. O 4Q Y" , V V uara ,lk t/— MJ�./1 alt t 1LLt tit, ttl tl t have been put down locally. Although the road is presently passable, initiating corrective maintenance measures sooner than later would serve the residents and fire district well. • Robin Drive is comprised of suitable asphalt and in good working condition. Any corrective actions considered by Collier County to these roadways will undoubtedly enhance our ability to access the residents, their properties and improve the delivery of fire rescue services provided by the Greater Naples Fire Rescue District. Packet Page -493- GREATER NAPLES FIRE RESCUE DISTRICT ADMINISTRATIVE HEADQUARTERS 14575 Collier Boulevard • Naples, FL 34119 Phone: (239)348 -7540 Fax: (239)348 -7546 Ivn ,gman Sehuldt, Fire Chief 10/13/2015 11.D. I have attached a copy of an internal memorandum provided to me by my staff that may assist you in determining future actions. Do not hesitate to contact me directly with any questions you may have regarding this issue. Sincerely, U Kingman D. Schuldt, Fire Chief CC: Greater Naples Fire Rescue District Board of Fire Commissioners Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Michelle Arnold, Director Attachment: 12 pages Packet Page -494- GREATER NAPLES FIRE RESCUE DISTRICT MEMORANDUM DATE: September 20'h, 2015 TO: Fire Chief Kingman Schuldt FROM: Nolan Sapp, Asst. Chief SUBJECT: Private Roads off Brantley (Golden Gate Estates) 10/13/2015 11. D. I was tasked with visually inspecting a series of private streets located off of Brantley Blvd. in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose was to identify the condition of the streets and what state of repair they were in with regard to response readiness. I gauged the travel time from Brantley to the end and what if any hazards presented by their condition. 1. Della Drive (approx. 7 /10'' mile long), took 9 minutes 45 seconds to traverse to the end. a. The street is comprised of small potholes to large ones which measured about 18 to 20 inches deep and larger in diameter than the staff vehicle I drove. b. There are rolling rises and low spots which present a hazard with low hanging plumbing of the larger apparatus. c. There are sections of loose rock, including large rocks approximately the size of footballs, spot patches of asphalt, and also concrete patches. All of these patches are washing out under the patch. d. Della Drive's condition would cause approximately a 30 plus minute shuttle relay if required to respond to a working structure or wildland fire at the north end of the street. e. The street is not conducive to ALS care or CPR in a Traumatic or Cardiac Care mission. The time to travel and condition of the street would allow conditions to deteriorate rapidly in some cases. 2. Birdsong Lane (approx. '/ mile long), took approximately 4 minutes and 30 seconds to the end. a. The street although more passable is still suffering from numerous potholes of various sizes and depths. b. The road still will cause extreme difficulty with apparatus movement for water tenders and ambulances. c. The road needs tremendous work as well. 3. Keane Court (approx. % mile long), took approximately 3 minutes to the end. a. Is comprised of rough chipped asphalt as put down by some of the residents that live on Keane Court. 4. Robin Drive (approx. '/ mile), is a new asphalt street and has no issues. Page 1 of 1 Packet Page -495- rdLKtL art: --+-7u- 1 n/i.,vqoi c; 11.D. 10/13/2015 11. D. ..'age -497- 1 r, �F E 4 j y, � t1 f. 1 $ ,y ..'age -497- 1 r, �F E 4 10/13/2015 11. D. Packet PagE --+Z70- /'\ 10/13/2015 11.D. ..'`�# NacKet Nage -4yy- 0/13/2015 ?ag lo�. 10/13/2015 11. D. 10/13/2015 11. D. Packet Pap_ ' 1 s t t� � t 3 ti ys •, k k. Packet Pap_ ' 1 n Pag� 10/13/2015 11. D. FOUNUL �agc -���- 10/13/2015 11.D. /"411.1 d 4 ' H 1nil v9n1ti 11 n T Packet Page -5ub- 10/13/2015 11. D. RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER TO TAKE IMMEDIATE ACTION TO MAKE THE MINIMUM NECESSARY REPAIRS REQUIRED TO FACILITATE THE TRANSPORT OF EMERGENCY SERVICE VEHICLES ON DELLA DRIVE. WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, having Della Drive impassable to emergency vehicles endangers not only the residents along Della Drive, but also neighboring residents of Collier County, especially should there be a wildfire event; 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 expressly finds that the emergency repair of Della Drive serves a paramount public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. Notice to the residents of Della Drive is hereby waived as this is a case of an immediate public emergency. 2. The Board hereby directs the County Manager to take immediate action to make the minimum necessary repairs required to facilitate the transport of emergency service vehicles along Della Drive. 3. Following the necessary repairs to the road, the County Manager will send out a letter to each property owner serviced by Della Drive 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 MSBU/TU. 1 Packet Page -507- 10/13/2015 11. D. 4. Initial funds generated by the MSBU shall be used to repay the County its ftil_l_ 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 day of October, 2015. ATTEST: DWIGHT E. BROCK, CLERK M- , Deputy Clerk and legality: Jeffrey'- . K�atzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2 Packet Page -508- TIM NANCE, CHAIRMAN 10/13/2015 11. D. RESOLUTION NO.2043- 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. Packet Page -509- 10/13/2015 11. D. 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 day of Se Cwlb<: - , 2013. ATTEST; '% BOARD OF CPUNTY COMMISSIONERS DWIGHT E. BROCK, CJ�ERK COLLIE Y, FLORIDA By: c By: Attest as ;Co C _' _ uty Clerk G" IAA. HILLER, ESQ. signature only., CHAIRWOMAN ApproV44171krm and legality: Jeffrey A", Kl1z 7ow, County Attorney 2 Packet Page -510- n