Agenda 07/13/2021 Item #11C (Repairs to 42nd Avenue SE)07/13/2021
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 42nd Avenue SE and approve all necessary budget amendments.
OBJECTIVE: To make repairs to 42nd Avenue SE to make the roads accessible for emergency vehicles.
CONSIDERATIONS: As set forth in the back-up material, Greater Naples Fire Rescue District
(GNFRD) Chief J. Nolan Sapp notified the Growth Management Department recently about the
following conditions of the subject roadway:
The GNFRD “was tasked with visually inspecting 42nd Ave SE, a private street located off Everglades
Blvd S. in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose was
to identify the condition of the road, and what state of repair it is in, with regard to response readiness.”
The travel time from Everglades Blvd S. to the end of 42nd Ave SE was evaluated to identity whether any
hazards were presented by the roadway condition. The GNFRD reported:
1. 42nd Ave SE (approx. 1.25-mile-long), took over 5 minutes in a pickup truck to traverse to the
end.
a. The street is comprised of small potholes to large ones, which are roughly up to 12 inches
deep and larger in diameter than the staff vehicle driven.
b. There are rolling rises and low spots, which present a hazard with low hanging plumbing
of the larger apparatus.
c. These large (in length and width) potholes in the road will hold water, and the depth of
these holes will not be able to be determined by responding units. Crews will not know if
they are 4” deep or if they are 2’ deep. This will cause further delay in response during
rainy season.
d. 42nd Ave SE’s condition would cause approximately a 30 plus minute shuttle relay if
required to respond to a working structure or wildland fire at the east end of the road.
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.
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 and revised in Resolution 2015-244, the attached Resolution requests the
Board to do the following:
1. Waive notice of a public hearing to the residents of 42nd Avenue SE 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
11.C
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07/13/2021
required to facilitate the transport of emergency service vehicles along 42nd Avenue SE.
3. Following the necessar y repairs to the road, direct the County Manager to place an item on the
Board’s agenda to establish an involuntary MSBU or MSTU, whichever deemed appropriate, for the
purposed of repayment of funds used to make emergency repairs and to establish funds to be used for
future emergency repairs.
4. Direct that initial funds generated by the MSTU shall be used to repay the County its full cost in
repairing the road, and that thereafter, MSTU funds will be held in a separate account for future
emergency repairs.
FISCAL IMPACT: The Road Maintenance Division estimated that the work will be approximately
$88,800 for material and equipment to make the road passable. A budget amendment, in the amount of
$88,800 is required to transfer funding within Road Assessment Fund (341) from reserves to the 42nd
Ave SE project to allow for the repair. Once establish and funded the MSTU will repay the full amount
of the road repair expense to Road Assessment Fund (341).
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
necessar y repairs required to facilitate the transport of emergency service vehicles on 42nd Avenue SE
and approve all necessary budget amendments.
Prepared by: Michelle Arnold, PTNE Division Director
ATTACHMENT(S)
1. Cheif Napp Memo_21-5-10 42nd Ave SE (PDF)
2. Resolution 2013-221 Emergency Roads (PDF)
3. Resolution 2015-244 (PDF)
4. 42nd Ave SE Repair Cost Memo (PDF)
5. Resolution for emergency repair 42nd Ave NE - JAK signed (PDF)
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Packet Pg. 175
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 16338
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 42nd Avenue SE and approve all necessary Budget Amendments. (Michelle Arnold,
Public Transit & Neighborhood Enhancement Services Division Director)
Meeting Date: 07/13/2021
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
06/22/2021 10:49 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
06/22/2021 10:49 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 06/22/2021 3:36 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 06/22/2021 5:30 PM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 06/23/2021 3:47 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 06/24/2021 11:03 AM
Public Services Department Todd Henry Public Services Department Completed 06/24/2021 12:32 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 06/24/2021 3:06 PM
Public Services Department Dan Rodriguez PSD Department Head Completed 06/24/2021 3:39 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/30/2021 7:11 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/24/2021 4:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2021 3:35 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/01/2021 10:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/01/2021 4:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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Packet Pg. 176
GREATER NAPLES
FIRE RESCUE DISTRICT
MEMORANDUM
Page 1 of 1
DATE: May 10, 2021
TO: Nolan Sapp, Fire Chief
FROM: Forrest Campbell, Asst. Chief
SUBJECT: Condition of the Private Road: 42nd Ave SE (Golden Gate Estates)
I was tasked with visually inspecting 42nd Ave SE, a private street located off Everglades Blvd S.
in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose
was to identify the condition of the road, and what state of repair it is in, with regard to response
readiness. I gauged the travel time from Everglades Blvd S. to the end of 42nd Ave SE and what,
if any, hazards presented by their condition.
1. 42nd Ave SE (approx. 1.25 mile long), took over 5 minutes in a pickup truck to traverse to
the end.
a. The street is comprised of small potholes to large ones, which are roughly up to
12 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. These large (in length and width) potholes in the road will hold water, and the
depth of these holes will not be able to be determined by responding units. Crews
will not know if they are 4” deep or if they are 2’ deep. This will cause further
delay in response during rainy season.
d. 42nd Ave SE’s condition would cause approximately a 30 plus minute shuttle
relay if required to respond to a working structure or wildland fire at the east end
of the road.
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.
11.C.1
Packet Pg. 177 Attachment: Cheif Napp Memo_21-5-10 42nd Ave SE (16338 : 42nd Avenue SE Emergency Road Repair)
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
11.C.2
Packet Pg. 178 Attachment: Resolution 2013-221 Emergency Roads (16338 : 42nd Avenue SE Emergency 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
11.C.2
Packet Pg. 179 Attachment: Resolution 2013-221 Emergency Roads (16338 : 42nd Avenue SE Emergency 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
11.C.3
Packet Pg. 180 Attachment: Resolution 2015-244 (16338 : 42nd Avenue SE Emergency 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 feed
emergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this
S-4-1-\ day of—tie_c_e 'r c, ,2015.
ATTEST: BOARD OF C•UNTY CO SSIONERS
DWIGHT E.BR•CK,CLERK COLLIER CQ'A TY,FLO A
By: A
tel By:
Depu , Cie ' f+M • •. • ,CHAIRMAN
Attest as to Chairman's
DONNA FIALA
signature only.
I
Ape ,:
iii . ii Is orm and legality:
I ill. r
Jeffrey ow,County Attorney
2
11.C.3
Packet Pg. 181 Attachment: Resolution 2015-244 (16338 : 42nd Avenue SE Emergency Road Repair)
11.C.4Packet Pg. 182Attachment: 42nd Ave SE Repair Cost Memo (16338 : 42nd Avenue SE Emergency Road Repair)
11.C.5
Packet Pg. 183 Attachment: Resolution for emergency repair 42nd Ave NE - JAK signed (16338 : 42nd Avenue SE Emergency Road Repair)
11.C.5
Packet Pg. 184 Attachment: Resolution for emergency repair 42nd Ave NE - JAK signed (16338 : 42nd Avenue SE Emergency Road Repair)