Agenda 10/13/2015 Item #16D15 Proposed Agenda Changes
Board of County Commissioners Meeting
October 13, 2015
Continue Item 9C to the October 27,2015 BCC Meeting: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item,all
participants are required to be sworn in.Kathleen Riley requests an appeal to the Board of County
Commissioners of a final decision by the Collier County Planning Commission to approve Petition
BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20-foot limit allowed
by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to
accommodate a 26 slip multi-family docking facility for the benefit of a 15.61 ±acre project to be
known as Haldeman Creek Docks in Sections 11 and 14,Township 50 South,Range 25 East,Collier
County,Florida(Petition ADA-PL20150001703) (This item is a companion to Item 11B)
(Petitioner's request)
Continue Item 11B to the October 27,2015 BCC Meeting: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item,all
participants are required to be sworn in.This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,all participants are required to be
sworn in.Recommendation to approve a Resolution approving a Special Treatment development
permit to allow construction of boat dock and dock access improvements on property owned by
Standard Pacific of Florida with a zoning designation of RMF-6(3) and a Special Treatment overlay
located in Sections 11 and 14,Township 50 South,Range 25 East,Collier County,Florida(This
item is a companion to Item 9C). (Staffs request)
Move Item 16D15 to Item 11G: Recommendation to approve Resolution 2015- ,
modifying established procedures relating to emergency repairs of private roads.
(Commissioner Henning's request)
Continue Item 161(3 to the October 27,2015 BCC Meeting: Recommendation that the Board take
no action to amend the Vehicle for Hire Ordinance. (Commissioner Taylor's request)
Continue Item 17D to the November 10,2015 BCC Meeting: Recommendation to adopt an
Ordinance amending Ordinance 97-82,as amended,which created the Bayshore Beautification
Municipal Service Taxing Unit,to expand the district boundary to include County owned right-of-
way identified for the purpose of constructing pedestrian streetscape improvements within the
right-of-way along Thomasson Drive. (Staffs request)
Note:
Item 16E7: Withdraw Item 4 from the Administrative Change Order Report,for further staff
review and subsequent presentation to the Board. This is a proposed Change Order for the
development of the 800 MhZ P25 Radio Communications System. (Staffs request)
10/13/2015 9:10 AM
10/13/2015 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve Resolution 2015 -_, modifying established procedures relating to
emergency repairs of private roads.
OBJECTIVE: To grant the County Manager with authority to make emergency repairs to private roads in the
Board of County Commissioner's absence.
CONSIDERATIONS: Article VII, Section 10 of the Florida Constitution requires that the expenditure of
county funds must be for a public purpose, and there is a general prohibition of the use of taxpayer
dollars to repair or maintain private roads. On September 24, 2013 the Board passed resolution 2013 -221 to
establish procedures to make emergency repairs to private roads impassable to emergency vehicles.
The procedure establishes steps whereby county funds could be expended and ultimately repaid by the property
owners who benefitted from the repairs. The process has been effective but failed to take into account the
highest likelihood that emergency repairs would occur during the rainy season while the Board is on hiatus.
The proposed Resolution would allow the County Manager to take whatever action deemed necessary to
address the emergency condition while the Board is on vacation, consistent with Resolution 2000 -149, and
ratify the action upon the Board's return at the next regular meeting or during a special meeting, whichever is
required.
The procedures would be modified as follows, with the underlined language reflected additions:
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.
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. Should the request occur during the Board's vacation, the County Manager
may take whatever action he deems necessary consistent with Resolution No. 2000 -49.
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.
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 opined that the proposed procedure is
legally sound.
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10/13/2015 16.D.15.
FISCAL IMPACT: None at this time.
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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
modifying established procedures for emergency repairs of private roads.
Prepared by: Michelle Arnold, PTNE Division Director
Attachment(s): Resolution 2015, Resolution 2013 -221
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10/13/2015 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve Resolution 2015 -_, modifying established
procedures relating to emergency repairs of private roads.
Meeting Date: 10/13/2015
Prepared By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
10/6/2015 11 :07:26 AM
Approved By
Name: AmoldMichelle
Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department
Date: 10/6/2015 1:16:14 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 10 /6/2015 1:20:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/7/2015 8:55:25 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/7/2015 9:29:11 AM
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10/13/2015 16.D.15.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REVISING THE PROCEDURES
RELATING TO EMERGENCY REPAIRS OF PRIVATE ROADS BY
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
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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 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 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 , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
in-
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
an
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TIM NANCE, CHAIRMAN
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10/13/2015 16.D.15.
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 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 16.D.15.
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 Z4 % day of Sec�rrbc�" , 2013.
ATTEST,' `% BOARD OF CPUNTY COMMISSIONERS
DWIGHT E. BROCK, CJ.ERK COLLIE Y, FLORIDA
� r
By: C By:
—41 uty Clerk G O IAA. HILLER, ESQ.
Attest asa0 C . _ CHAIRWOMAN
signature only.,
and legality:
Jeffrey A KI zw, County Attorney
2
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