Agenda 06/25/2019 Item #16D16 (CAO Advertise Ord-Blue Sage MSTU)06/25/2019
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
establishing the Blue Sage Municipal Service Taxing Unit for the repayment of funds in the amount
of $8,623.93 that were used to make emergency road repairs on a private street.
OBJECTIVE: To advertise an Ordinance to establish and Municipal Service Taxing Unit (MSTU) to
repair Blue Sage Drive to make the roads accessible for emergency vehicles.
CONSIDERATIONS: As set forth in the back-up materials, Greater Naples Fire Rescue (GNFRD)
District Chief Kingman D. Schuldt recently advised the County as follows:
“The GNFRD was tasked with visually inspecting Blue Sage Drive, a private street located off Brantley
Blvd., in the Golden Gate Estates section of Greater Naples Fire Rescue response area. The purpose was
to identify the condition of the road, and what state of repair it is in, regarding response readiness.” The
travel time from Brantley to the end of the road was evaluated to identify whether any ha zards were
presented by the roadway condition. The GNFRD reported:
“Blue Sage Drive (approx. 1.0-mile-long) took over ten minutes to traverse from start to end.
a. The street is comprised of small to large potholes which measured roughly 18 to 20+ inches
deep and larger in diameter than the vehicle that GNFRD staff 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 the road where the road surface itself has been washed away due to the
recent heavy rains. The condition is only going to get worse as the current rainy season
continues. There are photos attached to demonstrate that the width of the road is demising and
with substantial truck traffic, I believe it would fail.
d. Blue Sage Drive’s condition would cause approximately a 30+ minute shuttle delay if required
to respond to a working structure or wildland fire at the north end of the road.
e. The street is not conducive to ALS care or CPR in a Traumatic or Cardiac Care mission. The
time to travel and the condition of the street would allow conditions to deteriorate rapidly in
some cases.”
The County received email correspondence from a property owner on Blue Sage Drive reporting the
unsafe conditions and expressed concern for the existing roadway conditions and have inquired about
options available to get the roadway repaired. Based on citizen concern and the letter from the Fire Chief,
Blue Sage Drive was deemed impassible for use by fire rescue apparatus during emergency conditions.
On June 12, 2018, using the procedure established in Resolution 2013-221, the Board of County
Commissioners (Board) directed the County Manager to make emergency repairs and bring back an
Ordinance to establish an MSTU for the recovery of funds expended to make the repairs.
The proposed boundary of the MSTU has been drawn to include those improved properties that are
utilizing Blue Sage Drive for ingress and egress. The proposed map is included in the Ordinance
establishing the respective district.
FISCAL IMPACT: The cost of the emergency repair work performed by the Road Maintenance
Division was $8,623.93. As approved by the Board on June 12, 2018, (Agenda Item #16D16), the Road
Maintenance Division was reimbursed for Blue Sage Drive repairs from an emergency advance provided
from Special Assessment Fund (341). The taxes levied on the benefiting properties will repay the advance
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06/25/2019
of funds from Fund (341) as well as expenses associated with establishing the MSTU and collecting the
tax. The cost of advertising the Ordinance is approximately $500. The Property Appraiser and Tax
Collector collection expense will be approximately four percent (4%) of the tax levy. Administrative
expenses will be set during the budget cycle FY 2021. A budget for the MSTU tax collection phase will
be established in Special Assessment Fund (341).
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, with majority support required for approval. - JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back an Ordinance
establishing the Municipal Service Taxing Unit for the repayment of funds in the amount of $8,623.93
used to make emergency repairs.
Prepared by: Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. Proposed Ordinance with Exhibits - JAK signed(1) (PDF)
2. INVOICE Blue Sage Drive 2018-06-19 (DOCX)
3. GNFD evaluation of Blue Sage Road (DOCX)
4. Resolution 2015-244_Emergency Repairs (PDF)
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06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.16
Doc ID: 9172
Item Summary: Recommendation to approve to advertise an Ordinance establishing the Blue
Sage Municipal Service Taxing Unit for the repayment of funds in the amount of $8,623.93 that were
used to make emergency road repairs on a private street.
Meeting Date: 06/25/2019
Prepared by:
Title: Project Manager – Public Transit & Neighborhood Enhancement
Name: Harry Sells
05/30/2019 3:22 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
05/30/2019 3:22 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 05/31/2019 11:48 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 06/04/2019 2:57 PM
Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/04/2019 3:29 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/04/2019 3:58 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 11:21 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 2:53 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/17/2019 4:35 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/18/2019 10:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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Packet Pg. 2091 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
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Packet Pg. 2092 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
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Packet Pg. 2093 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
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Packet Pg. 2094 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
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Packet Pg. 2095 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
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Packet Pg. 2096 Attachment: Proposed Ordinance with Exhibits - JAK signed(1) (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal
INVOICE
Invoice Date: June 19, 2018
Fund 101 CC: 163620
Purpose: Immediate Action to Make the Minimum Necessary Repairs Required to Facilitate the
Transport of Emergency Service Vehicles on Blue Sage Drive, Resolution No. 2018-99
Scope of Work:
Six (6) large washouts had developed along Blue Sage Drive, north of Brantley Blvd, likely resulting from
previous grading operations that removed the windrows along the canal. Large depressions had also
formed from vehicular traffic during wet conditions.
On June 14, 2018, Road Maintenance Division staff repaired the washouts with rip-rap, cement, and
limerock and the canal bank and windrows were restored with rip-rap. The depressions were filled with
limerock and graded.
Road Maintenance Work Order 313
Task # Activity Labor Equipment Materials Total
255548 Job Preparation $ 422.58 $ 66.50 $ 0.18 $ 489.26
255289 Equipment Transport $ 235.20 $ 1,176.00 $ 0.45 $ 1,411.65
255287 Motor Grader Operation $ 90.90 $ 377.50 $ 0.18 $ 468.58
255288 Misc. Base Repair $ 2,733.18 $ 2,602.50 $ 918.76 $ 6,254.44
TOTAL: $ 8,623.93
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Packet Pg. 2097 Attachment: INVOICE Blue Sage Drive 2018-06-19 (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal Service
From: Kingman Schuldt <kschuldt@gnfire.org>
Date: May 31, 2018 at 5:35:12 PM EDT
To: GossardTravis <Travis.Gossard@colliercountyfl.gov>
Subject: Blue Sage Drive Assessment
Travis,
As requested I had an assessment of the condition of Blue Sage Drive conducted. After review of the
report I am of the opinion the roadway is not suitable for use of fire apparatus under emergency
conditions. I have provided a copy of the internal memorandum. Let me know if you need anything
additional from the Fire District.
Kingman D. Schuldt | Fire Chief
Greater Naples Fire Rescue District
14575 Collier Blvd.
Naples, FL 34119
(239) 348-7540
www.GreaterNaplesFire.org
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Packet Pg. 2098 Attachment: GNFD evaluation of Blue Sage Road (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal Service
RESOLUTION NO.2015- 2 4 4
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
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Packet Pg. 2099 Attachment: Resolution 2015-244_Emergency Repairs (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal Service
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
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 feed
emergency repairs.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this
S-4-1-\ day of—tie_c_e 'r c, ,2015.
ATTEST: BOARD OF C•UNTY CO SSIONERS
DWIGHT E.BR•CK,CLERK COLLIER CQ'A TY,FLO A
By: A
tel By:
Depu , Cie ' f+M • •. • ,CHAIRMAN
Attest as to Chairman's
DONNA FIALA
signature only.
I
Ape ,:
iii . ii Is orm and legality:
I ill. r
Jeffrey ow,County Attorney
2
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Packet Pg. 2100 Attachment: Resolution 2015-244_Emergency Repairs (9172 : Approve to advertise an Ordinance establishing the Blue Sage Municipal Service