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Agenda 12/08/2015 Item #16F112/8/2015 16.F.1. EXECUTIVE SUMMARY Recommendation to approve Resolution 2015 -_, modifying established procedures relating to emergency repairs of private roads by granting the County Manager the authority to make emergency repairs in the Board's absence. OBJECTIVE: To provide for an expedited approach to the emergency repairs procedures and grant the County Manager the 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 existing procedures requires a two step process for doing the repairs and then later establishing and Municipal Service Taxing Unit (MSTU) for the purpose of repaying the funds expended by the Board and if necessary, for the collection of funds for future emergency repairs. At the October 13, 2015 Board meeting, staff was asked to reevaluate the process to allow for a one step process, whereby the MSTU could be established at the same time that the repairs are authorized to be made. The proposed Resolution incorporates the provision of an expedited process. Additionally the process, albeit effective, 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 proposed Resolution is further being modified to clarify that the funding assessed for the MSTU/BU will be utilized only for future emergency repairs and is not intended to serve as funding for on -going maintenance. The procedures would be modified as follows, with the underlined language reflected additions and stricken language reflecting deletions: 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. Packet Page -1846- 12/8/2015 16.F.1. 4. Following the necessary repairs to the road, the County Manager will to establish a 1„ „t.,..,, N4ST -U ,,,Min ..:), .nentL, tifne the Genf t„ Manager- alter- , .:11 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 maintenanee and emergency 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. FISCAL IMPACT: None at this time. 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 Attachments: Resolution Packet Page -1847- 12/8/2015 16. F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to approve Resolution 2015-__, modifying established procedures relating to emergency repairs of private roads. (Michelle Arnold Director Public Transit and Neighborhood Enhancement Division) Meeting Date: 11/10/2015 Prepared By Name: ArnoldMichelle Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt 10/21/2015 5:43:20 PM Submitted by Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt Name: ArnoldMichelle 10/21/2015 5:43:21 PM Approved By Name: SellsHarry Title: Project Manager, Public Transit & Neighborhood Enhancemt Date: 10/22/2015 8:10:35 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 10/22/2015 12:04:45 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 10/23/2015 1:25:22 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 10/24/2015 9:20:35 AM Packet Page -1848- Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 4:19:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 5:09:45 PM 12/8/2015 16.F.1. Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 10/28/2015 5:51:29 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/29/2015 5:33:01 PM Packet Page -1849- 12/8/2015 16.F.1. 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 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 Packet Page -1850- 12/8/2015 16.F.1. 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 Cop= 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 read eut a'e** °r- to eaeh pfopef:t-y ewaer- sen,ieed by the read a-ad request dia4 they &fTa a veluwmi3, MSTU fer- the sele pufpese ef read maintenanee, and shall assist the r-esideffts fer sueh pur-pese. Shetild the fesidents fail to establish a veluntar -MSTU within si3i Fnenth's tifn°, the Gaunty 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 fead FnaintefieAee and emergency repairs. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , 2015. ATTEST: DWIGHT E. BROCK, CLERK in , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : 2 TIM NANCE, CHAIRMAN Packet Page -1851-