Resolution 2015-244 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.
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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 flR a CK,CLERK COLLIER C rill TY,FLOR ,A
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:By ` "" a By:
, 1 - ,Depu s Cl.. ', -'$vt r A. ,CHAIRMAN
Attest as t fairtna 1'S DONNA FIALA
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II', orm and legality:
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Jeffrey tz ow,County Attorney
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