Agenda 06/23/2020 Item #16D 1 (Emergency Vehicle access to Blue Sage Drive)06/23/2020
EXECUTIVE SUMMARY
Recommendation to approve staff’s action undertaken to make the minimum repairs required to
facilitate the safe transport of emergency service vehicles on Blue Sage Drive, so as to provide for
the health, safety, and welfare of County residents, and authorize any after the fact Budget
Amendments required to have made those necessary repairs utilizing public funds on a private
road, subject to reimbursement from the Blue Sage Drive Municipal Service Taxing Unit.
OBJECTIVE: To make Blue Sage Drive accessible for emergency vehicles.
CONSIDERATIONS: On June 12, 2018, (Agenda Item 16D16), using the procedure established in
Resolution No. 2013-221, the Board directed the County Manager to make emergency repairs to Blue
Sage Drive (a private road within the County) and to bring back an Ordinance to establish a Municipal
Service Taxing Unit (“MSTU”) for the recovery of funds expended to make the repairs. On September
10, 2019, the Board approved Ordinance No. 2019-19, which established the Blue Sage Drive MSTU for
the purpose of levying assessments and repaying the County for emergency repairs made to that road.
Funding under the MSTU will start on October 1, 2020.
The County has made emergency repairs to Blue Sage Drive on several occasions. The County made an
initial repair on June 14, 2018, which cost a total of $8,623.93, after area property owners complained
about the condition of the road. Greater Naples Fire Rescue District Assistant Chief Nolan Sapp
confirmed that the road was not accessible for emergency vehicles on May 31, 2018.
The County also completed repairs over several days between January 13, 2020 through January 15,
2020, at the cost of $25,149, after Assistant Chief Sapp again notified the County that the road was
impassible. The Board provided the direction to proceed with those repairs prior to the work commencing
on December 10, 2019.
Most recently (June 3rd) the Road Maintenance Division received an email from the Parks and Recreation
Division’s Conservation Collier Program staff who advised that area neighbors called and stated that
recent rains worsened the condition of the road creating “a major safety hazard.” The Road Maintenance
Division contacted the Fire Chief Kingman Schuldt for assistance and guidance to determin e if the rains
had made the roadway inaccessible for emergency vehicles.
On June 4, 2020, Chief Schuldt responded via email and provided the following advisory:
The current condition of the southern portion is not suitable to support heavy fire apparatus
and maintenance is recommended due to large portions of sugar sand. The northern portion
is deteriorating and will soon be in need of emergent maintenance in order to support heavy
apparatus. It is currently estimated fire apparatus can only access the northern portion at a
speed of 5 mph.
Because of the urgent need to affect repairs to promote the safety and well-being of residents living on
this private roadway, as well as to protect the first responders utilizing public property necessary to access
and traverse the road, the Road Maintenance Division took immediate action and completed the repair on
June 4, 2020.
Staff requests the Board’s approval of the work performed to facilitate the transport of emergency service
vehicles along Blue Sage Drive for the June 4, 2020 repairs, and to authorize any after the fact Budget
Amendments required to have made those necessary repairs utilizing public funds on a private road,
16.D.1
Packet Pg. 1419
06/23/2020
subject to reimbursement from the Blue Sage Drive Municipal Service Taxing Unit.
FISCAL IMPACT: The Road Maintenance Division expended $2,727.51 to perform the work.
Emergency repair costs are initially incurred in the Road Maintenance budget and reimbursed utilizing an
intergovernmental charge back against the Blue Sage Drive Project, (Project No. 60220), in Special
Assessments Fund (341). Property owners will repay the cost of repairs through an ad valorem
assessment on properties within the Blue Sage Drive Municipal Taxing Unit.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve staff’s action undertaken to make the minimum repairs required to
facilitate the safe transport of emergency service vehicles on Blue Sage Drive, so as to provide for the
health, safety, and welfare of County residents, and to authorize any after the fact Budget Amendments
required to have made those necessary repairs utilizing public funds on a private road, subject to
reimbursement from the Blue Sage Drive Municipal Service Taxing Unit.
Prepared By: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. Resolution 2013-221 Emergency Roads (PDF)
2. Resolution 2015-244 Emergency Road Repair (PDF)
3. Ordinance 2019-19 (PDF)
4. Fire Chief Road inspection results (PDF)
16.D.1
Packet Pg. 1420
06/23/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 12598
Item Summary: Recommendation to approve staff’s action undertaken to make the minimum
repairs required to facilitate the safe transport of emergency service vehicles on Blue Sage Drive, so as to
provide for the health, safety, and welfare of County residents, and authorize any after the fact Budget
Amendments required to have made those necessary repairs utilizing public funds on a private road,
subject to reimbursement from the Blue Sage Drive Municipal Service Taxing Unit.
Meeting Date: 06/23/2020
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
06/05/2020 5:03 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
06/05/2020 5:03 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 06/05/2020 5:05 PM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 06/05/2020 5:16 PM
Road Maintenance Albert English Additional Reviewer Completed 06/08/2020 7:18 AM
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 06/08/2020 10:36 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/09/2020 2:30 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/09/2020 3:23 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/10/2020 10:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/10/2020 12:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/10/2020 5:08 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/15/2020 10:42 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/15/2020 11:01 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/15/2020 11:53 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM
16.D.1
Packet Pg. 1421
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 floodingandbrushfires; 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 hearinginadvance. This notice can be waived in cases of immediate public emergencies.
1
16.D.1.a
Packet Pg. 1422 Attachment: Resolution 2013-221 Emergency Roads (12598 : Blue Sage Road Repair)
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
16.D.1.a
Packet Pg. 1423 Attachment: Resolution 2013-221 Emergency Roads (12598 : Blue Sage Road Repair)
RESOLUTION NO.2015- 2 4 4
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.
1
16.D.1.b
Packet Pg. 1424 Attachment: Resolution 2015-244 Emergency Road Repair (12598 : Blue Sage Road Repair)
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 County 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
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
tenanee•and grnergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this
S il-N-\•day ofc..r-,tx'`,2015.
ASST
z , BOARD OF COUNTY COM ISSIONERS
DWIGHT E flRa CK,CLERK COLLIER C rill TY,FLOR ,A
By a By:
1 - ,Depu s Cl.. ', vt r A. ,CHAIRMAN
Attest as t fairtna 1'S
DONNA FIALA
sigrturri ,{t
Ap, :
01iii II',
orm and legality:
VIA
Jeffrey tz ow,County Attorney
2
16.D.1.b
Packet Pg. 1425 Attachment: Resolution 2015-244 Emergency Road Repair (12598 : Blue Sage Road Repair)
ORDINANCE NO. 2019- 1 9
AN ORDINANCE CREATING THE BLUE SAGE DRIVE
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY FOR THE CREATION: PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS
OF AD VALOREM TAXES PER YEAR; PROVIDING FOR
THE COLLECTION OF TAXES: PROVIDING FOR DUTIES
OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
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, on June 12, 2018, using the procedure established in Resolution 2013-221,
as amended, the Board directed the County Manager to make emergency repairs and bring back
an Ordinance to establish an MSBU/TU for the recovery of funds expended to make the repairs
and an MSTU for the purposes of making future emergency repairs to Blue Sage Drive; and
19-ATM-00478/1479086/1] j
16.D.1.c
Packet Pg. 1426 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
WHEREAS, Blue Sage Drive emergency repairs were completed on June 14, 2018, at a
cost of$8,623.93; and
WHEREAS, it is recommended that a Blue Sage Drive Municipal Service Taxing Unit
MSTU) is created for the purpose of levying assessments and repaying the County for the repairs
made to the road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE: Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO: Creation of the Municipal Service Taxing Unit
There is hereby created and established the Blue Sage Drive Municipal Service Taxing
Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing
Unit and its boundaries are as described on the attached composite Exhibit "A" and Exhibit "B"
that is incorporated by reference.
SECTION THREE: Purpose and Governing Body
The MSTU is created for the purpose of levying assessments and repaying the County for
the repairs made to the road. The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR: Funding and Levy of Taxes
For the purpose of implementing this Ordinance,the Board of County Commissioners shall
annually, at the time required by general budgetary law, make an itemized estimate of the amount
of money required to carry out the business of the MSTU for the next fiscal year, which shall be
from October 1 to and including September 30 following. The estimate shall describe the purpose
for which the moneys are required and the amount necessary to be raised by taxation within the
MSTU. At the time and place for fixing the annual rate of taxation for County purposes,the Board
of County Commissioners shall fix and cause to be levied on all properties within the MSTU,
subject to taxation, a millage rate not to exceed 3.0 mils per year.
19-ATM-00478/1479086/1]
16.D.1.c
Packet Pg. 1427 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
SECTION FIVE: Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SIX: Duties of the County Manager or His Designee
The duties of the County Manager or his or her designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide period written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with the established guidance provided of the
Board of County Commissioners.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION NINE: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
19-ATM-00478/1479086/1]
16.D.1.c
Packet Pg. 1428 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this b day of r__Nr.-,Ni-xx" , 2019.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSOCIIMNZEL, Clerk COLLIER Cir' LORIDA
6u4alp)...i 1,N.;,1';,;,..
0,10 OA
A-!:, , Clerk W./tam L. McDaniel, Jr., Ch.firman
I l
Approv 1 • fo' and legality:
Jeffrey A.' at.1 ow, County Attorney
1
This ordinance flied with ti3c
ory
of ct ,fe's Office kir:
and ocknowte;,5ernent o __in rec ived 01' J '`r.
o;
By
e C-t;r1;;C---,
19-ATM-00478/1479086/1]
16.D.1.c
Packet Pg. 1429 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
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Packet Pg. 1431 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
4140.4
efil f..ti'
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
September 12, 2019
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-19, which was filed in this office on September 12,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
16.D.1.c
Packet Pg. 1432 Attachment: Ordinance 2019-19 (12598 : Blue Sage Road Repair)
From:EnglishAlbert
To:ArnoldMichelle
Subject:FW: Road and Bridge Blue Sage Drive needs emergency repair
Date:Friday, June 5, 2020 8:40:43 AM
FYI
Albert English
Director, Road Maintenance
Road Maintenance Division
Exceeding Expectations Everyday
4800 Davis Boulevard, Naples Florida 34104
Phone: 239.252.8924 Fax: 239.774.6406
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From: Kingman Schuldt <kschuldt@gnfire.org>
Sent: Thursday, June 4, 2020 6:08 PM
To: EnglishAlbert <Albert.English@colliercountyfl.gov>
Subject: Re: Road and Bridge Blue Sage Drive needs emergency repair
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The Fire District completed an inspection of the roadway today with the following findings.
The current condition of the southern portion is not suitable to support heavy fire apparatus and
maintenance is recommended due to large portions of sugar sand.
The northern portion is deteriorating and will soon be in need of emergent maintenance in order to
support heavy apparatus. It is currently estimated fire apparatus can only access the northern
portion at a speed of 5 mph.
Please let me know if you desire any additional information.
Kingman D. Schuldt | Fire Chief
Greater Naples Fire Rescue District
16.D.1.d
Packet Pg. 1433 Attachment: Fire Chief Road inspection results (12598 : Blue Sage Road Repair)