Resolution 2021-158 RESOLUTION NO. 2021- 158
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 42ND
AVENUE SE.
WHEREAS, based on concerns raised by Fire Chief Nolan Sapp of the Greater Naples
Fire Rescue 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 42"d Avenue SE
have been deemed impassable for fire rescue apparatus during emergency conditions; and
WHEREAS, having 42nd Avenue SE impassable to emergency vehicles endangers not
only the residents along 42"d Avenue SE, 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 42"d Avenue SE
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 42"d Avenue SE 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 42nd
Avenue SE back to minimum County standards, to facilitate the transport of emergency service
[21-ATM-00539/1645665/1]
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 42nd Avenue
SE 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 1,3'day of July, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL f Zt4 Clerk COLLIER COUNTY, FLORIDA
.p�yw'' pi 4 1w u`
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tic
BY By:
R
' t1P puty Clerk enny Tayl , Chairman
Atfo'st as to C
al s
Signature only.
Approved a o '•r and legality:
.4 tor 1
it
Jeffrey A. zko I ounty Attorney
1
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