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Resolution 2018-099 RESOLUTION NO. 2018- 9 9 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 BLUE SAGE 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 a privately-owned roadway located in the Golden Gate Estates area,that portions of Blue Sage Drive have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, having Blue Sage Drive impassable to emergency vehicles endangers not only the residents along Blue Sage 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, on September 24, 2013 the Board of County Commissioners (Board) passed Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No. 2015-244 further refining said procedures; and WHEREAS, the Board expressly finds that the emergency repair of Blue Sage 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 Blue Sage 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 bring Blue Sage Drive back to minimum County standards, to facilitate the transport of emergency service vehicles, and that following the necessary repairs to the road, the County Manager will place an item on the Board's agenda to establish an involuntary MSBU or MSTU, whichever is deemed appropriate, for the purpose of repayment of funds used to make emergency repairs to Blue Sage Drive and to establish funds to be used for future emergency repairs. 3. Initial funds generated by the MSBU/TU shall be used to repay the County its full cost in repairing the road.Thereafter.MSBU/TU funds will be held in a separate account for future emergency repairs. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this kz,30,-k day of June, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGITK-**141WK, CLERK COLLIER CO " , Y. FLORID ' ‘.f. . 4'4 •4. ' - i . l',' ' .''';'t 4E. • By:-7 ' GAL" i, I 0 By: '014egas to CM. - eputy Clerk Andy Solis, Esq., Chairman i, signature only. ii ---------7 Approve zi # tgui and legality: :all Aar 1 Jeffrey Alatzk v, County Attorney r 1