Agenda 09/24/2013 Item #12C 9/24/2013 12.C.
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 Platt Road and approve all necessary budget
amendments.
OBJECTIVE: To reopen Platt Road to emergency vehicles.
CONSIDERATIONS: As set forth in the back-up material, Fire Chief Rita Greenberg of the
Big Corkscrew Island Fire Control and Rescue District recently advised the County as follows:
"After a response to Platt Road for a vehicle fire earlier today and damage to one Engine, we
have determined that the Platt Road corridor from Immokalee Road to Fawn Lane is inaccessible
for all of our fire apparatus (staff vehicles also)with the exception of possibly a military 6x6 unit
accessing the area. For medical calls in that area—we can meet with medic units in higher areas
and attempt to assist with patient access, fire suppression will be a challenge."
This is due to wash outs and flooding in this particular area. I am certain there are other streets
in this flood prone area that have the same concerns and we will try to do some additional recon
tomorrow to determine if any other roads will be declared impassable for our units.
Please let me know if you have any additional questions, or options that together we may employ
to gain a more tenable access to this area."
I am advised that the County has received similar complaints from the residents along Platt
Road.
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.
The attached Resolution, based on the County's newly established procedures for emergency
repairs of private roads, requests the Board to do the following:
1. Waive notice of a public hearing to the residents of Platt Road 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 Platt
Road.
3. Following the necessary repairs to the road, direct the County Manager to send
out a letter to each property owner serviced by Platt Road and request that they form a voluntary
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9/24/2013 12.C.
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 MSTU.
4. Direct that initial funds generated by the MSTU shall be used to repay the County
its full cost in repairing the road, and that thereafter, MSTU funds will be held in a separate
account for future road maintenance and repairs.
FISCAL IMPACT: These type of emergency repairs depending on the scope and magnitude
will generally require a budget amendment moving dollars from Unincorporated Area General
Fund (111) reserves to the appropriate fund (111) cost center.
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 Platt Road
and approve all necessary budget amendments.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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9/24/2013 12.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.C.
Item Summary: This item to be heard immediately following Item 12B. 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 Platt Road
Meeting Date: 9/24/2013
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
9/18/2013 9:17:16 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 10:08:46 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/18/2013 10:59:15 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 1:05:50 PM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 4:19:58 PM
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9/24/2013 12.C.
RESOLUTION NO. 2013-
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 PLATT
ROAD.
WHEREAS, based on concerns raised by Fire Chief Rita Greenberg of the Big
Corkscrew Island Fire Control and Rescue District, it has become apparent that due to recent
wash-outs and floods that Platt Road has become impassable to emergency vehicles; and
WHEREAS, having Platt Road impassable to emergency vehicles endangers not only the
residents along Platt Road, 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 Platt Road 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 Platt Road 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 Platt Road.
3. Following the necessary repairs to the road, the County Manager will send out a
letter to each property owner serviced by Platt 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.
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4. 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 24th day of September, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
i
Approv • -.1� . form and legality:
40
Jeffrey Al :tzkow, County Attorney
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KlatzkowJeff
From: Rita Greenberg [RGreenberg @bcifr.com]
Sent: Wednesday, September 11, 2013 2:58 PM
To: SummersDan; KopkaWalter; CasalanguidaNick
Subject: Platt Road Update
After a response to Platt Road for a vehicle fire earlier today and damage to one Engine,we have determined that the
Platt Road corridor from Immokalee Road to Fawn Lane is inaccessible for all of our fire apparatus(staff vehicles also)
with the exception of possibly a military 6x6 unit accessing the area. For medical calls in that area—we can meet with
medic units in higher areas and attempt to assist with patient access,fire suppression will be a challenge.
This is due to wash outs and flooding in this particular area. I am certain there are other streets in this flood prone area
that have the same concerns and we will try to do some additional recon tomorrow to determine if any other roads will
be declared impassable for our units.
Please let me know if you have any additional questions, or options that together we may employ to gain a more
tenable access to this area.
Rita At OeenSeng, he Chief
Rig eonffocxecu 9eland s/R
239-455-1204 mice
239-455-6497 fax
Florida enjoys a broad public records law. This email and any response to this email are
subject to this law and may be read by anyone.
Exchangel)efender Message Security: Check Authenticity
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