Agenda 09/24/2013 Item #12B 9/24/2013 12.B.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution establishing procedures relating to emergency
repairs of private roads.
OBJECTIVE: To establish a procedure for the emergency repair of private roads.
CONSIDERATIONS: I have been advised that due to recent heavy rains, Platt Road is
becoming impassable for emergency vehicles. Platt Road (which is off Immokalee Road near
Corkscrew Swamp) is a private road. 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.
The proposed Resolution establishes a procedure to be used for emergency repairs of private
roads. The procedure is as follows:
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.
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, I believe that the proposed
procedure is legally sound.
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9/24/2013 12.B.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Resolution establishing procedures for emergency repairs of private roads.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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9/24/2013 12.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.B.
Item Summary: Recommendation to approve a Resolution establishing procedures
relating to emergency repairs of private roads.
Meeting Date: 9/24/2013
Prepared By
Name:NeetVirginia
Title:Legal Assistant/Paralegal,County Attorney
9/18/2013 9:05:27 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 9:47:51 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/18/2013 10:59:06 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 11:48:29 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 12:08:59 PM
Alosr
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9/24/2013 12.B.
RESOLUTION NO.2013-
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.
1
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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 , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
J
Approve I: