Agenda 11/09/2021 Item #16A20 (CAO to Advertise Ordinance Establishing 42nd Ave. SE MSTU)
Proposed Agenda Changes
Board of County Commissioners Meeting
November 9, 2021
Move Item 17D to 9B: Recommendation to review and approve the 2021 combined Annual Update and
Inventory Report on Public Facilities and Schedule of Capital Improvements as provided for in Section
6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and
adopt a Resolution that updates the 5-Year Capital Improvement Schedules. (PL20210001270) (All Districts)
(Commissioner Solis’ Request)
Add on Item 10B: Recommendation to provide direction to the County Manager regarding the property
located at the southeast corner of Santa Barbara Blvd and Davis Blvd (Taormina Reserve MPUD). (All
Districts) (Commissioner Saunders’ Request)
Move Item 16A20 to 11E: Recommendation to direct the County Attorney to
advertise and bring back for a Public Hearing an Ordinance establishing the 42nd
Avenue SE Municipal Service Taxing Unit (MSTU) with a maximum of five (5)
mills, for the repayment of funds in the amount of $72,231.00 used to make
emergency road repairs on 42nd Avenue SE. (District 5) (Commissioner
McDaniel’s Request)
Continue Item 16C7 to the December 14, 2021 BCC Meeting: Recommendation to approve the selection
committee’s final ranking for Request for Proposal (“RFP”) No. 21-7924, “CMAR for Golden Gate Golf
Course," and authorize staff to begin contract negotiations with the top ranked firm Gates Group LLC d/b/a
Gates Construction, so that a proposed agreement can be brought back for the Board’s consideration at a
future meeting. (All Districts) (Staff’s Request)
Continue After the Fact item #3 from Item 16E8 to the December 14, 2021 BCC Meeting: Recommendation
to approve the administrative reports prepared by the Procurement Services Division for change orders and
other contractual modifications requiring Board approval. (All Districts) (Staff’s Request)
Continue Item 17A to the December 14, 2021 BCC Meeting: *** This item has been continued from the
October 12, 2021 and October 26, 2021 BCC Meeting Agendas. *** Recommendation to adopt an ordinance
creating the Collier County Public Art Committee to advise the Board on all matters relating to the public
art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle
Community Redevelopment area. (All Districts) (Commissioner Solis’ Request)
To take place immediately after the approval of the agenda and minutes:
- Artist recognition, explanation of work on display;
- Recognition of any/all veterans at the BCC meeting, including those from outside organizations;
- Commissioner comments from the dais; inclusion of “Hammer” Hartsell’s quote (optional, below):
Florida Department of Veterans Affairs, Executive Director, Major General James “Hammer” Hartsell’s quote
during a recent legislative presentation in Tallahassee:
“A veteran is a person who, at some point in his or her life, wrote a blank check made payable to the
United States of America for an amount up to, and including, their life… we thank them for their selfless
service and sacrifice.”
Time Certain Items:
11/30/2021 1:32 PM
11/09/2021
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a Public
Hearing an Ordinance establishing the 42nd Avenue SE Municipal Service Taxing Unit
(MSTU) with a maximum of five (5) mills, for the repayment of funds in the amount of
$72,231.00 used to make emergency road repairs on 42nd Avenue SE.
OBJECTIVE: To advertise a proposed ordinance to recovery cost of repairing a private road, 42nd
Avenue SE, to make the road accessible for emergency vehicles.
CONSIDERATIONS: As set forth in the back-up material, Great Naples Fire Recue (GNFRD)
District Napp. Chief Napp advised the County that the conditions of 42nd Avenue SE was deemed
impassible for use by emergency apparatus during emergency as follows:
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 i t is in, with regard to
response readiness.” The travel time from Everglades Blvd S. to the end of 42 nd Ave SE was
evaluated to identity whether any hazards were presented by the roadway condition. The GNFRD
inspection reported:
1. 42nd Ave SE (approx. 1.25-mile-long), took over 5 minutes in a pickup truck to traverse to the
end.
• 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.
• There are rolling rises and low spots, which present a hazard with low hanging
plumbing of the larger apparatus.
• 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.
• 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.
• 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.
In addition to the GNFRD report, the County received email correspondence from a property owner
on 42nd Ave SE reporting the unsafe conditions and expressed concern for the existing roadway
conditions. The property owner inquired about options available to get the roadway repaired.
On July 13, 2021 (Item #11C) using the procedure established in Resolution 2013-221, the BCC
directed the County Manager to make emergency repairs and bring back an Ordinance to establish an
MSTU for the recovery of funds expended to make the repairs.
On August 20, 2021 the Road Maintenance Division completed repairs on the road and is now
seeking reimbursement for the cost to make the repairs. The Public Transit & Neighborhood
16.A.20
Packet Pg. 504
11/09/2021
Enhancement (PTNE) Division has prepared the necessary documentation for the Board’s
consideration for the establishment of an MSTU to recover the funds. An MSTU has been deemed
the more appropriate process for assessing for the repayment of funds as it provides for more
flexibility to repay the funds. The MSTU maximum millage is recommended at 5 mils but the Board
assesses the millage rate annually whereas with an MSBU the assessment is fixed and the time to
repay is shorter. Based on the property values in the area and the number of improved properties the
board may desire that flexibility of an MSTU.
Based on the current total taxable value of $1,320,711 the estimated revenue at 5 mils is $6,603 per
year which would result in a payback schedule of 11 years. The proposed boundary of the MSTU
has been drawn to include those improved properties that are utilizing 42nd Ave SE or ingress and
egress. The proposed map is included in the Ordinance establishing the respective district.
FISCAL IMPACT: The cost of the emergency repair work performed by the Road Maintenance
Division was $72,231.00. These emergency repairs have initially been charged to the Transportation
Operating Fund (101) Road Maintenance budget and will be reimbursed utilizing an
intergovernmental charge back against the newly established 42nd Ave SE M STU Fund (761).
Budget amendments will be required to advance funding from Special Assessment Fund (341) to
42nd Ave SE MSTU Fund (761) to fund the aforementioned repairs. As provided above, repayment
of the advance by benefiting properties will occur through the MSTU mechanism.
The cost of advertising the Resolution and Ordinance is approximately $700. The Property Appraiser
and Tax Collector collection expense will be approximately 4% of the tax levy. Administrative
expenses will be set during budget cycle FY 2023.
GROWTH MANAGEMENT IMPACT: This item has no growth management impact.
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
RECOMMENDATION: That the Board approve County Attorney advertising and bringing back for
a Public Hearing an Ordinance establishing the 42nd Avenue SE Municipal Service Taxing Unit (MSTU)
with a maximum of five (5) mills, for the repayment of funds in the amount of $72,231.00 used to make
emergency road repairs on 42nd Avenue SE.
Prepared by: Harry Sells, PTNE Division Project Manager
ATTACHMENT(S)
1. Proposed Ordinance - 42nd St. SE MSTU_ (PDF)
2. Resolution 2021-158 - authorizing road repairs (PDF)
3. Cheif Napp Memo_21-5-10 42nd Ave SE (PDF)
4. 42nd Ave Road Maintenance Cost Breakdown (PDF)
5. Resolution 2013-221 Emergency Roads (PDF)
6. Resolution 2015-244 - Emergency Repair Procedures (PDF)
7. Property Owners list (PDF)
16.A.20
Packet Pg. 505
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 20423
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a
Public Hearing an Ordinance establishing the 42nd Avenue SE Municipal Service Taxing Unit (MSTU)
with a maximum of five (5) mills, for the repayment of funds in the amount of $72,231.00 used to make
emergency road repairs on 42nd Avenue SE.
Meeting Date: 11/09/2021
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
10/18/2021 3:30 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
10/18/2021 3:30 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Harry Sells Additional Reviewer Completed 10/18/2021 3:39 PM
Growth Management Department Jeanne Marcella Growth Management Department Completed 10/18/2021 4:08 PM
Public Transit & Neighborhood Enhancement Michelle Arnold Director Review Completed 10/18/2021 4:25 PM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Skipped 10/18/2021 4:25 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 10/19/2021 5:23 PM
Growth Management Department Michelle Arnold Growth Management Skipped 10/18/2021 3:49 PM
Growth Management Department Trinity Scott Transportation Completed 10/19/2021 5:31 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/20/2021 8:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/20/2021 10:12 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/02/2021 4:52 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/02/2021 4:52 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/03/2021 10:59 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.A.20
Packet Pg. 506
ORDINANCE NO. 2021- ____
AN ORDINANCE CREATING THE 42ND AVENUE SE
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 5.0 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 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 42nd 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 42nd 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, on July 13, 2021, 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 42nd Avenue SE; and
WHEREAS, 42nd Avenue SE emergency repairs were completed on August 20, 2021,
16.A.20.a
Packet Pg. 507 Attachment: Proposed Ordinance - 42nd St. SE MSTU_ (20423 : 42nd Street SE MSTU)
at a cost of $72,231.00; and
WHEREAS, it is recommended that a 42nd Avenue SE 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 42nd Avenue SE 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 1st to and including September 30th 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
16.A.20.a
Packet Pg. 508 Attachment: Proposed Ordinance - 42nd St. SE MSTU_ (20423 : 42nd Street SE MSTU)
properties within the MSTU, subject to taxation, a millage rate not to exceed 5.0 mils per year.
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.
16.A.20.a
Packet Pg. 509 Attachment: Proposed Ordinance - 42nd St. SE MSTU_ (20423 : 42nd Street SE MSTU)
SECTION NINE: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ____________________, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY FLORIDA
By: ___________________________ By: _________________________
, Deputy Clerk Penny Taylor, Chair
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
16.A.20.a
Packet Pg. 510 Attachment: Proposed Ordinance - 42nd St. SE MSTU_ (20423 : 42nd Street SE MSTU)
Exhibit A
42nd Avenue SE MUNCIPAL SERVICES TAXING UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the 42nd Avenue SE Municipal Services Taxing Unit (MSTU) shall comprise
all the land located in Collier County, Florida and specifically parcels describes as:
Golden Gate Estates, Unit 92-A as recorded in Plat book 5 Page 31 of the Public Records of Collier
County, Florida, Lots 113, 116, 117, 120, 121, 124, 125, 128, 129, 132, 133, 136, 137, 140, 141;
and
Golden Gate Estates Unit 93-A as recorded in Plat Book 5 Page 32 of the Public Records of Collier
County, Florida, Lots 141, 142, 143, 144, 145, 146.
16.A.20.a
Packet Pg. 511 Attachment: Proposed Ordinance - 42nd St. SE MSTU_ (20423 : 42nd Street SE MSTU)
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]
16.A.20.b
Packet Pg. 512 Attachment: Resolution 2021-158 - authorizing road repairs (20423 : 42nd Street SE MSTU)
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
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tic
BY By:
R t1P puty Clerk enny Tayl , Chairman
Atfo'st as to Cal s
Signature only.
Approved a o '•r and legality:
4 tor 1it
Jeffrey A. zko I ounty Attorney
1
21-ATM-00539/1645665/1]
16.A.20.b
Packet Pg. 513 Attachment: Resolution 2021-158 - authorizing road repairs (20423 : 42nd Street SE MSTU)
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.
16.A.20.c
Packet Pg. 514 Attachment: Cheif Napp Memo_21-5-10 42nd Ave SE (20423 : 42nd Street SE MSTU)
Work Order 6652
42nd Ave SE Grading and Machete Mowing
LABOR Total Labor Cost $14,226.00
EQUIPMENT Total Equipment Cost $33,659.00
MATERIAL Total Material Cost $24,346.00
$72,231.00
Labor Hours
Count: 17 entries Man Hours: 422 Total labor Cost $14,226.00
Equipment Usage
Count: 22 entries Total Equipment Cost $33,659.00
Material Usage
Count: 6 Usage $24,346.00
Diesel Fuel Bulk Fueling 115.70 gal $0.00
Water 24,000ga/ $0.00
Limerock Base {3 1/2 in) Davis 689 ton $13,332.18
Limerock Base {3 1/2 in) lmmokalee 611 ton $10,906.36
Synthetic Grease lea $46.95
Wood Stakes SO ea $60.50
16.A.20.d
Packet Pg. 515 Attachment: 42nd Ave Road Maintenance Cost Breakdown (20423 : 42nd Street SE MSTU)
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.A.20.e
Packet Pg. 516 Attachment: Resolution 2013-221 Emergency Roads (20423 : 42nd Street SE MSTU)
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.A.20.e
Packet Pg. 517 Attachment: Resolution 2013-221 Emergency Roads (20423 : 42nd Street SE MSTU)
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.A.20.f
Packet Pg. 518 Attachment: Resolution 2015-244 - Emergency Repair Procedures (20423 : 42nd Street SE MSTU)
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
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16.A.20.f
Packet Pg. 519 Attachment: Resolution 2015-244 - Emergency Repair Procedures (20423 : 42nd Street SE MSTU)
Parcel ID First Name Last Name Tax Value Assessment @
5 mills
Assessment @
4 mills
Assessment @
3 Mills
41660040003 LIANET GARCIA & ANDRES ECHAVARRIA $15,500 $77.50 $62.00 $46.50
41660041002 ROBERT D BASHAM $18,600 $93.00 $74.40 $55.80
41660240007 BISHRAM MOHABIR $34,049 $170.25 $136.20 $102.15
41660280009 ROBERT D BASHAM $34,049 $170.25 $136.20 $102.15
41660520002 SCOTT M FALCONE $15,322 $76.61 $61.29 $45.97
41660520109 JOSE L ASTOCIO & BERTHA LIDIA GUTIERREZ $17,025 $85.13 $68.10 $51.08
41660560004 MARTHA B LINARES JOSEPH M CALAMITA $34,049 $170.25 $136.20 $102.15
41660800007 LOPEZ TILE INSTALLATION &$34,049 $170.25 $136.20 $102.15
41660840009 RUN HE LIE $17,025 $85.13 $68.10 $51.08
41660840106 ANITA SIT $17,025 $85.13 $68.10 $51.08
41661080004 J R FLORIDA BUILDERS LLC $41,540 $207.70 $166.16 $124.62
41661120003 BEATO & RADHIKA CHENG $34,202 $171.01 $136.81 $102.61
41661360009 SHIRLEY BAILEY $34,354 $171.77 $137.42 $103.06
41661400008 KODY & TAYLOR SPRAGUE $196,320 $981.60 $785.28 $588.96
41661560003 WILLIAM A SPENCER $105,359 $526.80 $421.44 $316.08
41661600002 RICHARD A FAUST REV TRUST & CAROLYN A FAUST REV TRUST $34,761 $173.81 $139.04 $104.28
41661720005 BARBARA M CASINES $17,432 $87.16 $69.73 $52.30
41661721004 SARA MERCEDES URIA $17,432 $87.16 $69.73 $52.30
41661760007 MATA HARI $25,000 $125.00 $100.00 $75.00
41770680007 MARIA T & MIRANDA FERNANDEZ $185,934 $929.67 $743.74 $557.80
41770760008 MARIA T & MIRANDA FERNANDEZ $12,090 $60.45 $48.36 $36.27
41770800007 VENANCIO GUEVARA & SONIA RODRIGUEZ $263,165 $1,315.83 $1,052.66 $789.50
41770840009 DANKER-BASHAM FOUNDATION INC $14,331 $71.66 $57.32 $42.99
41770880001 YESMEY & YAHELYS ARTEAGA $19,566 $97.83 $78.26 $58.70
41770881000 TRACEY & MARA DEWRELL $14,433 $72.17 $57.73 $43.30
41770920000 ROBERT D BASHAM $33,999 $170.00 $136.00 $102.00
41770960002 MADIED & CORRIE GALOUBANDI $34,100 $170.50 $136.40 $102.30
Total Revenues $1,320,711 $6,603.62 $5,282.87 $3,962.18
Property Owners List and Assessment Estimates 16.A.20.g
Packet Pg. 520 Attachment: Property Owners list (20423 : 42nd Street SE MSTU)