Agenda 12/08/2015 Item #16F112/8/2015 16.F.1.
EXECUTIVE SUMMARY
Recommendation to approve Resolution 2015 -_, modifying established procedures relating to
emergency repairs of private roads by granting the County Manager the authority to make
emergency repairs in the Board's absence.
OBJECTIVE: To provide for an expedited approach to the emergency repairs procedures and grant the
County Manager the authority to make emergency repairs to private roads in the Board of County
Commissioner's absence.
CONSIDERATIONS: Article VII, Section 10 of the Florida Constitution requires that the expenditure
of county funds must be for a public purpose, and there is a general prohibition of the use of
taxpayer dollars to repair or maintain private roads. On September 24, 2013 the Board passed resolution
2013 -221 to establish procedures to make emergency repairs to private roads impassable to emergency
vehicles.
The procedure establishes steps whereby county funds could be expended and ultimately repaid by the
property owners who benefitted from the repairs. The existing procedures requires a two step process for
doing the repairs and then later establishing and Municipal Service Taxing Unit (MSTU) for the purpose of
repaying the funds expended by the Board and if necessary, for the collection of funds for future emergency
repairs. At the October 13, 2015 Board meeting, staff was asked to reevaluate the process to allow for a one
step process, whereby the MSTU could be established at the same time that the repairs are authorized to be
made. The proposed Resolution incorporates the provision of an expedited process.
Additionally the process, albeit effective, failed to take into account the highest likelihood that emergency
repairs would occur during the rainy season while the Board is on hiatus. The proposed Resolution would
allow the County Manager to take whatever action deemed necessary to address the emergency condition
while the Board is on vacation, consistent with Resolution 2000 -149, and ratify the action upon the
Board's return at the next regular meeting or during a special meeting, whichever is required.
The proposed Resolution is further being modified to clarify that the funding assessed for the MSTU/BU
will be utilized only for future emergency repairs and is not intended to serve as funding for on -going
maintenance.
The procedures would be modified as follows, with the underlined language reflected additions and
stricken language reflecting deletions:
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.
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. Should the request occur during the Board's vacation, the County_
Manager may take whatever action he deems necessary consistent with Resolution No. 2000 -49.
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12/8/2015 16.F.1.
4. Following the necessary repairs to the road, the County Manager will
to establish a 1â ât.,..,, N4ST -U ,,,Min ..:), .nentL, tifne the Genf tâ Manager- alter- , .:11 place an item on
the Board's agenda to establish an involuntary MSBU or MSTU, whichever deemed appropriate, for
the purpose of repayment of funds used to make emergency repairs and to establish funds to be used
for future emergency repairs.
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 read maintenanee and
emergency repairs.
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 opined that the proposed procedure is
legally sound.
FISCAL IMPACT: None at this time.
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 modifying established procedures for emergency repairs of private roads.
Prepared By: Michelle Arnold, PTNE Division Director
Attachments: Resolution
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12/8/2015 16. F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve Resolution 2015-__, modifying established
procedures relating to emergency repairs of private roads. (Michelle Arnold Director Public
Transit and Neighborhood Enhancement Division)
Meeting Date: 11/10/2015
Prepared By
Name: ArnoldMichelle
Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt
10/21/2015 5:43:20 PM
Submitted by
Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt
Name: ArnoldMichelle
10/21/2015 5:43:21 PM
Approved By
Name: SellsHarry
Title: Project Manager, Public Transit & Neighborhood Enhancemt
Date: 10/22/2015 8:10:35 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 10/22/2015 12:04:45 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 10/23/2015 1:25:22 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 10/24/2015 9:20:35 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 4:19:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 5:09:45 PM
12/8/2015 16.F.1.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 10/28/2015 5:51:29 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/29/2015 5:33:01 PM
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12/8/2015 16.F.1.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REVISING THE PROCEDURES RELATING
TO EMERGENCY REPAIRS OF PRIVATE ROADS BY PROVIDING FOR
TIMELY ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING OR
BENEFIT UNIT, AND AUTHORIZING THE COUNTY MANAGER TO TAKE
APPROPRIATE ACTION DURING TIME PERIODS WHERE THE BOARD IS
ON VACATION.
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 not only puts 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, on September 24, 2013 the Board passed Resolution 2013 -221 to establish
procedures to make emergency repairs to private roads impassable to emergency vehicles; and
WHEREAS, Resolution No. 2000 -149 authorizes the County Manager to approve and execute
routine matters on behalf of the Board of County Commissioners during time periods that the Board has
designated as the Board's vacation schedule; 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 revised as underlined below:
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.
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12/8/2015 16.F.1.
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 of County
Commissioners (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.
3. If the Board concurs with this determination, the Board shall direct the County Manager
to take immediate action to bring the road back to minimum County standards. Should the request occur
during the Board's vacation, the Cop= Manager may take whatever action he deems necessary
consistent with Resolution No. 2000 -149.
4. Following the necessary repairs to the road, the County Manager will read eut a'e** °r- to
eaeh pfopef:t-y ewaer- sen,ieed by the read a-ad request dia4 they &fTa a veluwmi3, MSTU fer- the sele
pufpese ef read maintenanee, and shall assist the r-esideffts fer sueh pur-pese. Shetild the fesidents fail to
establish a veluntar -MSTU within si3i Fnenth's tifn°, the Gaunty Manager will place an item on the
Board's agenda to establish an involuntary MSBU or MSTU, whichever deemed appropriate, for the
purpose of repayment of funds used to make emergency repairs and to establish funds to be used for
future emergency repairs.
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 fead
FnaintefieAee and emergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this
day of , 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
in
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
:
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TIM NANCE, CHAIRMAN
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