Agenda 10/13/2015 Item #11D10/13/2015 11. D.
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 Della Drive and approve all necessary budget amendments.
OBJECTIVE: To make repairs to Della Drive to make the roads accessible for emergency vehicles.
CONSIDERATIONS: As set forth in the back -up material, Greater Naples Fire Rescue District
Chief, Kingman D. Schuldt recently advised the County as follows:
"As a result of the information provided by numerous citizens, the Greater Naples Fire Rescue District
conducted a number of site visits to the subject areas to assess the condition of several privately owned
roadways located in Golden Gate Estates.
• Della Drive has large portions that have been deemed impassible for use by fire rescue apparatus
during emergency conditions.
• Birdsong Lane is currently passable but suffering from numerous potholes of significant size and
depth. This road is in need of immediate repair before it becomes impassible to fire rescue
apparatus.
• Keane Court is currently passable, comprised of rough chipped asphalt that appears to have been
put down locally. Although the road is presently passable, initiating corrective maintenance
measures sooner than later would serve the residents and fire district well.
• Robin Drive is comprised of suitable asphalt, and is in good working condition.
Any corrective actions considered by Collier County to these roadways will undoubtedly enhance our
ability to access the residents, their properties, and improve the delivery of fire rescue services provided
by the Greater Naples Fire Rescue District."
Several property owners residing on Della Drive, Birdsong Lane, and Keane Court have expressed their
concern for the existing roadway conditions and have inquired with staff about the options available to
them to get the roadway corrected. Based on the letter from the Fire Chief, Della Drive is the only
roadway that is currently impassible for use by fire rescue apparatus, and requiring immediate attention.
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, the attached Resolution requests the Board to do the following:
1. Waive notice of a public hearing to the residents of Della Drive 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
required to facilitate the transport of emergency service vehicles along Della Drive.
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10/13/2015 11.D.
3. Following the necessary repairs to the road, direct the County Manager to send out a letter to each
property owner serviced by Della Drive and request that they form a voluntary Municipal Services
Taxing -Unit (MSTU) for the sole purpose of road maintenance, and shall assist the residents for
such purpose. Further, direct that should the residents fail to establish a voluntary MSTU within
six month's time, that the County Manager will place an item on the Board's agenda to establish an
involuntary Municipal Services Benefit Unit /Taxing Unit (MSBU/TU).
4. Direct that initial monies generated through assessment by the MSBU/TU shall be used to repay the
County its full cost in repairing the road, and that thereafter, monies generated through
t h e MSBU/TU will be held in a separate fund for future road maintenance and repairs.
FISCAL IMPACT: The Road Maintenance Division estimates the work will be approximately $15,000
for materials and equipment to make the road passable. At this early stage of the budget year, sufficient
funding exists in Road Maintenance to absorb the cost of the work. If deemed necessary later in the fiscal
year a budget amendment moving dollars from Unincorporated Area General Fund (I 11) reserves to the
appropriate cost center may be processed. As provided above, repayment will eventually occur through an
MSBU/TU mechanism.
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
necessary repairs required to facilitate the transport of emergency service vehicles on Della Drive and
approve all necessary budget amendments.
Prepared By: Michelle Edwards Arnold, PTNE Division Director
Attachments: 1) Golden Gate Estates Private Roadways Letter from Fire Chief; 2) Proposed Resolution;
3) Resolution 2013 -221
/0_�
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.D.
10/13/2015 11. D.
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 Della Drive and approve all necessary budget
amendments.
Meeting Date: 10/13/2015
Prepared By
Name: ArnoldMichelle
Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department
9/29/2015 8:28:04 AM
Submitted by
Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department
Name: ArnoldMichelle
9/29/2015 8:28:05 AM
Approved By
Name: SotoCaroline
Title: ManagementBudget Analyst, Public Services Department
Date: 9/29/2015 3:29:04 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 9/29/2015 4:29:18 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 9/30/2015 8:39:22 AM
Name: GossardTravis
n,
Title: Division Director - Road Maintenance, Growth Management Department
Date: 9/30/2015 10:53:53 AM
Packet Page -491-
Name: CarnellSteve
10/13/2015 11.D.
Title: Department Head - Public Services, Public Services Department
Date: 9/30/2015 1:29:48 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/30/2015 1:56:43 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 10/6/2015 11:59:23 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1 0/6/2015 5:01:37 PM
Packet Page -492-
September 25, 2015
GREATER NAPLES FIRE RESCUE DISTRICT
ADMINISTRATIVE HEADQUARTERS
14575 Collier Boulevard • Naples, FL 34119
Phone: (239)349 -7540 Fax: (239)348 -7546
Kiu{mau Schuldt, Fire Chief
Tim Nance, Board of County Commissioner Chairman
Board of County Commissioners, District 5
3299 Tamiami Trail E, Suite
Naples, FL 34112 -5746
Re: Golden Gate Estates Private Roadways
10/13/2015 11. D.
Honorable Chairman Nance,
Allow me to follow up on concerns brought to my attention during the September 15, 2015
community informational meeting hosted by Collier County regarding the condition of several
private roads located in the Golden Gate Estates.
As a result of the information provided by numerous citizens, the Greater Naples Fire Rescue
District conducted a number of site visits to the subject areas to assess the condition of several
^ privately owned roadways located in Golden Gate Estates.
• Della Drive has large portions that have been deemed impassible for use by fire rescue
apparatus during emergency conditions.
• Birdsong Lane is currently passable but suffering from numerous potholes of significant
size and depth. This road is in need of immediate repair before it becomes impassible to
fire rescue apparatus.
•
Keane Court is currently -assable comp-Issed of r�)� g.. chip —_ a-V1 alt that u.FFe. O 4Q
Y" , V V uara ,lk t/— MJ�./1 alt t 1LLt tit, ttl tl t
have been put down locally. Although the road is presently passable, initiating corrective
maintenance measures sooner than later would serve the residents and fire district well.
• Robin Drive is comprised of suitable asphalt and in good working condition.
Any corrective actions considered by Collier County to these roadways will undoubtedly
enhance our ability to access the residents, their properties and improve the delivery of fire
rescue services provided by the Greater Naples Fire Rescue District.
Packet Page -493-
GREATER NAPLES FIRE RESCUE DISTRICT
ADMINISTRATIVE HEADQUARTERS
14575 Collier Boulevard • Naples, FL 34119
Phone: (239)348 -7540 Fax: (239)348 -7546
Ivn ,gman Sehuldt, Fire Chief
10/13/2015 11.D.
I have attached a copy of an internal memorandum provided to me by my staff that may assist
you in determining future actions. Do not hesitate to contact me directly with any questions you
may have regarding this issue.
Sincerely,
U
Kingman D. Schuldt, Fire Chief
CC: Greater Naples Fire Rescue District Board of Fire Commissioners
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Michelle Arnold, Director
Attachment: 12 pages
Packet Page -494-
GREATER NAPLES
FIRE RESCUE DISTRICT
MEMORANDUM
DATE: September 20'h, 2015
TO: Fire Chief Kingman Schuldt
FROM: Nolan Sapp, Asst. Chief
SUBJECT: Private Roads off Brantley (Golden Gate Estates)
10/13/2015 11. D.
I was tasked with visually inspecting a series of private streets located off of Brantley Blvd. in
the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose was
to identify the condition of the streets and what state of repair they were in with regard to
response readiness. I gauged the travel time from Brantley to the end and what if any hazards
presented by their condition.
1. Della Drive (approx. 7 /10'' mile long), took 9 minutes 45 seconds to traverse to the end.
a. The street is comprised of small potholes to large ones which measured about 18
to 20 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. There are sections of loose rock, including large rocks approximately the size of
footballs, spot patches of asphalt, and also concrete patches. All of these patches
are washing out under the patch.
d. Della Drive's condition would cause approximately a 30 plus minute shuttle relay
if required to respond to a working structure or wildland fire at the north end of
the street.
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.
2. Birdsong Lane (approx. '/ mile long), took approximately 4 minutes and 30 seconds to
the end.
a. The street although more passable is still suffering from numerous potholes of
various sizes and depths.
b. The road still will cause extreme difficulty with apparatus movement for water
tenders and ambulances.
c. The road needs tremendous work as well.
3. Keane Court (approx. % mile long), took approximately 3 minutes to the end.
a. Is comprised of rough chipped asphalt as put down by some of the residents that
live on Keane Court.
4. Robin Drive (approx. '/ mile), is a new asphalt street and has no issues.
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10/13/2015 11. D.
RESOLUTION NO. 2015-
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 DELLA
DRIVE.
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 several privately owned roadways in the Golden Gate Estates area Della Drive has large portions
that have been deemed impassable for fire rescue apparatus during emergency conditions; and
WHEREAS, having Della Drive impassable to emergency vehicles endangers not only the
residents along Della 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, the Board expressly finds that the emergency repair of Della Drive 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 Della Drive 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 make the
minimum necessary repairs required to facilitate the transport of emergency service vehicles
along Della Drive.
3. Following the necessary repairs to the road, the County Manager will send out a
letter to each property owner serviced by Della Drive 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 MSBU/TU.
1
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10/13/2015 11. D.
4. Initial funds generated by the MSBU shall be used to repay the County its ftil_l_
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 day of October, 2015.
ATTEST:
DWIGHT E. BROCK,
CLERK
M-
, Deputy Clerk
and legality:
Jeffrey'- . K�atzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
2
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TIM NANCE, CHAIRMAN
10/13/2015 11. D.
RESOLUTION NO.2043- 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 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 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 hearing
in advance. This notice can be waived in cases of immediate public emergencies.
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10/13/2015 11. D.
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 day of Se Cwlb<: - , 2013.
ATTEST; '% BOARD OF CPUNTY COMMISSIONERS
DWIGHT E. BROCK, CJ�ERK COLLIE Y, FLORIDA
By: c By:
Attest as ;Co C _' _
uty Clerk G" IAA. HILLER, ESQ.
signature only., CHAIRWOMAN
ApproV44171krm and legality:
Jeffrey A", Kl1z 7ow, County Attorney
2
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