Backup Documents 05/10/2011 Item #16E 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16E4
(Print on pink paper. Attach to original document. OIigillal documents should be hand delivered to the Board Office. The
completed routing slip and oIiginal documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Ian Mitchell (line #5). .
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Steven Williams, Assistant County Attorney ~ 5111 ( I(
County Attorney
5. Ian Mitchell, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Melissa Hennig
Contact
Agenda Date Item was May 10,2011
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Permit, Agreement, and Res~ti8r; l- ~ b
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark '~/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is ap licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
I: Fonns! County Formsl BCC Formsl Original Documents Routing Slip
WWS Original 9.03.04
252-2957
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I "E L/-
3
Date:
To:
From:
Re:
MEMORANDUM
May 12, 2011
Melissa Hennig, Environmental Specialist
Facilities Management Department
Teresa Polaski, DeputY Clerk
Minutes & Records Department
Resolution 2011-86/Permit and Agreement
16 E 4 ,.4
Attached find one (1) copy referenced above (Item #16E4) and
approved by the Board of County Commissioners on May 10, 2011.
If you have any questions please call me at 252-8411.
Thank you.
Attachment
16E
RESOLUTION NO. 2011-86
A RESOLUTION ADOPTING A POLICY AND FEE
SCHEDULE TO GOVERN THE OPERATION OF THE
CARACARA PRAIRIE PRES.ERVE GOPHER TORTOISE
RECIPIENT SITE.
WHEREAS, on June 23, 2009 (Agenda Item 16E9), the Board of County Commissioners
of Collier County, Florida authorized the Caracara Prairie Preserve, formerly lmown as the
Starnes Property; to become a GopherTortoise Recipient Site; and
WHEREAS, the need exists to establish a policy and fee schedule to govern the operation
of the Caracara Prairie Preserve Gopher Tortoise Recipient Site.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the attached Policy and Fee
Schedule be and hereby are declared to be the Policy and Fee Schedule which shall henceforth
govern the administration and operation of theCaracara Prairie Preserve Gopher Tortoise
Recipient Site.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this J..D!'day of MfA.. V , 2011.
I
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UWIdIrr E~BROCK, CLERK
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Appro~ed'~Ct~ form and
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Steven T Williams
Assistant County Attorney 5~~~,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY' '1uL W. . ~ fo/I'
FRED W. COYLE, CHAlRM
II-PRM-00235/3
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Agenda ,..1"0""'/ t I (
Data ~
~ate rj/~LJ
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Caracara Prairie PreserveShort-tenn Protected Gopher Tortoise Recipient Site
Policy
Prepared By:
Collier County: Facilities Management Department
Conservation Collier Program
3335 Tamiami Tra'ii, Suite 101
Naples, FL 34112
May 2011
The following is a descriptive policy regarding the Caracara Prairie Preserve Short-term
Protected Gopher Tortoise Recipient Site (Recipient Site). This policy and the
associated Caracara Prairie Preserve Recipient Site Fee Schedule will be reviewed
annually by County staff~
1. The Recipient Site shall be permitted, managed and monitored according to the
most current Florida Fish and Wildlife Conservation Commission (FWC) gopher
tortoise permitting guidelines for Short'"term Protected Recipient Sites
http://mvtwc.com/docs/LicensesPermits/PW GopherT ortoisePermitGuidelines.pdf
and FWC Gopher Tortoise ManagementPlan.
2. The Recipient Site shall only accept gopher tortoises being relocated from
development projects occurring within Collier County (Donor Sites).
3. Gopher tortoises from both public agency Donor Sites (such as but not limited to:
Collier County government projects, Florida Department of Transportation projects,
Collier County School Board projects, chartet school projects) and private entity
Donor Sites shall be accepted at the Recipient Site; however, tortoises accepted
from private entity Donor Sites shall not comprise more than 75% of the total
number of gopher tortoises relocated to the Recipient Site.
4. Conservation Collier staff shall maintain a redger tallying gopher tortoise vacancies
at the Recipient Site.
5. Upon an inquiry from a pos.sible Donor Site, Conservation Collier staff shall review
the ledger and coordinate with the Growth Management Division. If the estimated
number of tortoises anticipated from the Donor Site is acceptable, staff shall send
a Reservation Letter to the Donor Site - see Reservation Letter Template
attached.
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6. Conservation Collier staff shall verify with FWC that the Donor Site has received
the appropriate relocation permit prior to performing any relocation.
7. An FWC authorized gopher tortoise agent employed by Collier County (Collier
County Agent) shall be responsible for the transport of all relocated tortoises from
the Donor Site to the Recipient Site.
8. The Collier County Agent reserves the rignt to deny transport of any unhealthy
Donor Site tortoises to the Recipient Site.
9. Once at the Recipient Site, relocated' tortoises shall be marked by the Collier
County Agent.
10. Donor sites shall be required to pay a $2,000 Gopher Tortoise Relocation Fee to
Collier County for each project requiring tortoises to be relocated to the Recipient
Site, regardless of the number of tortoises to be relocated. See the attached
Caracara Prairie. Preserve Recipient Site Fee Schedule.
11. Donor sites shall be required to pay a Gopher Tortoise Receiving Fee (separate
from the Gopher Tortoise Relocation Fee) to Collier County for each tortoise
relocated to the Recipient Site. See the attached Caracara Prairie Preserve
Recipient Site Fee Schedule.
12. Donor sites shall be required to pay a Mitigation Contribution (separate from the
Gopher Tortoise Receiving Fee and the.Gopher Tortoise Relocation Fee) to FWC
for tortoises relocated to the Recipient Site, See the attached Caracara Prairie
Preserve Recipient Site Fee Schedule.
13.After relocations are complete, Conservation Collier staff shall monitor and
maintain gopher tortoise fencing according to the most recentFWC guidelines and
gopher tortoise management plan.
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Caracara Prairie Preserve Recipient Site Fee Schedule
Relocation Fee (Paid to Collier County):
$2,000 per private or public project
This fee includes:
1. Pick up of tortoise (s)at the Donor Site;
2. Transport to Recipient Site inside the cabin of the transport vehicle;
3. Marking of tortoise (5) per FWC methodology;
4. Collection of all required morphometric data;
5. Soft release of tortoise (s);
6. Submittal of morphometrics report to the recipient site and the client; and
7. Monitoring of tortoise (5) in soft release enclosure for six months.
Receivina Fee (Paid to Collier County):
This fee is on a "per excavated adult tortoise" (carapace length greater than or equal to 5"
basis and is all inclusive. There will be 110 Receiving Fee for sub,..adult gopher tortoises
(carapace length less than 5'j.
Private Projects* -$ 1,320 p.e~ tortoise
Public Projects*'" - $905 per tortoise
*Private Project fee includes:
1. Exotic piant control
2. Fire-break mowing and fuel reduction
3. Temporary fencing
4. Recipient Site permitting and monitoring fees
**Public Project fee includes:
1. Temporary fencing
2. Recipient Site pennitting and monitoring fees
FWC Mitioation Contribution (Paid to FWC):
$200 for the first group of 10 burrows (up to five gopher tortoises) plus $3,000 for each
additional tortoise.
16E4
Reservation Letter Template
DATE
ADDRESSEE NAME
ADDRESS
RE: Off-Site Relocation for PROJECT NAME Collier County, Florida
PROJECT #
Dear ADDRESSEE:
The purpose of this letter is to demonstrate Collier County's commitment to the acceptance of
gopher tortoises (Gopherus polyphemus) from the above-mentioned project site. In an effort to
perpetually protect a regionally significant parcel of land occupied by both the state listed gopher
tortoise and other federally listed species, we have identified and protected portions of Caracara
Prairie Preserve in Collier County. Collier County secured permits for the Caracara Prairie
Preserve Short-Term Protected Gopher Tortoise Recipient Site comprised of 90 acres of Collier
County's +/- 367.7 acre property known as Caracara Prairie Preserve. The Collier County Board
of County Commissioners owns the preserve and the Conservation Collier Program is
responsible for management/permit compliance associated with Florida Fish and Wildlife
Conservation Commission (FWC) Recipient Site Permit # GTSR -11-00003.
It is Collier County's understanding that the population targeted for relocation to Caracara
Prairie Preserve at this time is approximately XXXX (X) tortoises. According to our ledger, we
have capacity for XXXX tortoises remaining within the recipient site. The Relocation Fee will
be $2,000 and the Receiving Fee per adult tortoise will be $XXXX.
As a registered gopher tortoise agent, I accept tortoises on site at Caracara Prairie Preserve on
Collier County's behalf. Please coordinate and schedule all gopher tortoise relocations with me
at 239-252-2957.
Thank you in advance for your cooperation.
Sincerely,
Melissa Hennig, Principal Environmental Specialist
Conservation Collier Program
16E4 ~
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this f 0 ~ day of ~ fA.- i ' 2011, by
COLLIER COUNTY, a political subdivision of the State of Flonda, its successors and assigns,
(hereinafter referred to as "COUNTY"), whose address is 3299 Tamiami Trail East, Naples, FL
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter
referred to as "CREW'), whose address is 23998 Corkscrew Road, Estero, FL 33928.
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent
interest of that certain tract of lands situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference ("Property"); and
WHEREAS, CREW owns an undivided five point six (5.6%) percent interest of the
Property; and
WHEREAS, the COUNTY is in the process of using the Property to establish the
Caracara Prairie Preserve Short-Term Protected Gopher Tortoise Recipient Site ("Recipient
Site") which will provide permanent conservation and protection for the state-listed gopher
tortoise.
NOW, THEREFORE, for good and valuable consideration, the COUNTY and CREW hereby
mutually agree:
1. That CREW authorizes the COUNTY to unconditionally use its undivided five point six
(5.6%) percent interest of the Property for the purposes of creating the Recipient Site.
2. That all the terms herein contained run with the land and shall inure to the benefit of and
be binding upon the parties hereto and their respective executors, administrators, personal
representatives, heirs, successors, and assigns.
3. That CREW has no liability or responsibility for the state of the property, including but
not limited to compliance with the terms and conditions of the Recipient Site
Management Plan and Permit.
4. That CREW will not benefit in any way from the Recipient Site, nor assume the
responsibility for the Recipient Site or the funding of the Recipient Site.
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IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
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Approval for form and legal Sufficiency:
Jennil~~
Assistant County Attorney
AS TO CREW:
DATED:
WITNESSES: (Signature)
(Printed Name)
(Signature)
tep en A. Walker, Esq.
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~w. ~1c0
FRED W. COYLE, C _ 7
CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida nonprofit
corporation
BY:~~
Bill Hammond, Chairman
EXHIBIT A
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (Wl/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NWl/4) OF NORTHEAST QUARTER (NEl/4) OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
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Permittee Name:
Permittee Address:
Agent Name:
Agent Address:
Gopher Tortoise Recipient Site (For Short-Term Protected or
Unprotected Sites)
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Division of Habitat and Species Conservation
Species Conservation Planning Section
620 South Meridian Street, Mail Station 2A
Tallahassee, Florida 32399-1600
(850) 410-0656 ext. 17327
16E4
Conservation Collier Program
3301 Tamiami Trail E
NAPLES, FLORIDA
34112 UNITED STATES
Permit Number: GTSR-11-00003
Effective Date: April 15, 2011
Expiration Date: April 15, 2013
Melissa Hennig
Collier County Board of County
Commissioners
3335 Tamiami Trail, East, Suite 101
NAPLES, FLORIDA 34112
UNITED STATES
IS AUTHORIZED TO:
receive and release gopher tortoises within the recipient site specified below, subject to the following
conditions and provisions.
AUTHORIZED LOCATION(S): 90.78-acre Caracara Prairie Preserve located at 2320 Corkscrew Road
(T46S,R28E,S30; with Latitude 260 26' 40.56'N Longitude 810 33'
30.17'W), Collier County.
Permittee Signature: Date:
Not valid unless signed. By signature, confirms that al information provided to i sue e permit is accurate
and complete, and indicates acceptance and understanding of the provisions and conditions listed below. Any
false statements or misrepresentations when applying for this permit may result in felony charges and
will result in revocation of this permit.
Authorized By:
Authorizing Signature:
Richard McCann
Authorized for: Nick Wiley, Executive Director
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Date:
04/15/2011
Species Conservation Planning Section
PERMIT CONDmONS AND PROVISIONS:
1 Authorization to conduct the specified activities in association with the relocation of gopher tortoises in
Florida are subject to Rules 68A-9.002 and 68A-27 F.A.C., the Gopher Tortoise Permitting Guidelines
(April 2008 - revised June 2010), and subsequent revisions of these gUidelines that are in effect at the
time the authorized activities are conducted, and subject to the following provisions/conditions.
PERMIT NO. GTSR-1I-00003
Page: 1/3
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2 Up to 44 gopher tortoises may be received at and relocated into the estimated 53.43 acres of tortoise
habitat contained within the 90.78-acre Caracara Prairie Preserve identified above. All tortoises must
be soft-released into temporary enclosures in accordance with the enclosure methods described in
the Gopher Tortoise Permitting Guidelines (April 2008 - revised June 2010). Applications to amend this
permit to authorize relocations of gopher tortoises to other units within this recipient site will be
evaluated and acted upon by the FWC under the permitting guidelines and provisions/conditions in
place at the time of application. Specific areas within other units that are proposed to receive
relocated tortoises will also be evaluated for their SUitability during the application review process.
3 Certification of the recipient site is otherwise predicated and conditioned on the information and
assurances provided in the Permittee's 01/04/2011 application (supplemented on 01/21/2011,
02/16/2011, 02/22/2011, 03/18/2011 and 04/11/2011), the assurances of which are herein
incorporated by reference.
4 The permittee shall have the obligation to manage and maintain habitat for gopher tortoises in
accordance with the Caracara Prairie Preserve (a.k.a. Starnes Tract) Gopher Tortoise Recipient
Site Management Plan - August 2010 (revised January 2011) that has been approved by the FWC.
5 The Permittee shall keep written records of all the habitat management activities conducted within, and
all tortoises relocated into the recipient site. Upon request of the FWC, these records shall beprovided
to the Gopher Tortoise Permitting Coordinator at the letterhead address.
6 All tortoises accepted and received at the recipient site must be covered under a valid FWC permit that
specifically authorizes the relocation of those animals to this site.
7 Tortoises shall not be received and released on days for which the overnight low temperature for that
day and the two consecutive days thereafter are forecasted by the U.S. National Weather Service to be
below 50oF. This 3-day window of milder overnight temperatures is to allow the relocated tortoises to
settle into the recipient site.
8 Permittee shall not accept gopher tortoises that show signs of disease (i.e., nasal and ocular
discharge, emaciation, etc.). The Permittee should direct individuals that bring symptomatic tortoises to
the recipient site to alternatively release those tortoises back within the donor/capture site; transport
them to an FWC licensed wildlife rehabilitation center (list available upon request) or licensed
veterinary facility for quarantine and observation for recovery and subsequent relocation; transport
and donate them to an FWC permitted disease research program; or have them humanely euthanized
by a licensed veterinarian when disease is advanced.
9 This permit does not authorize Permittee access to any public or private properties. Any required
permission must be secured from the appropriate landholders prior to undertaking any work on such
properties.
10 This permit is subject to revocation at any time pursuant to Chapter 120, Florida Statutes. It is non-
transferable and must be readily available for inspection at all times while engaging in the permitted
activities.
11 The activities authorized under this Permit may be carried out by authorized personnel or contractors of
the Permittee or the designated Authorized Gopher Tortoise Agent (Agent)/Consultant, provided all
such activities are under the direct supervision and responsibility of the Permittee or
Agent/Consultant. The Permittee and Agent/Consultant shall be as fully responsible for any such
activities to the same extent as if they had themselves carried out those activities under this Permit.
12 Either this original permit, or a complete copy, must be clearly posted at the affected site at all times
while engaged in the permitted tortoises relocation activities.
13 The Permittee, by signing this permit, specifically agrees to allow authorized Commission personnel,
upon presentation of credentials as may be required by law, access to the recipient site, at reasonable
times, for the purpose of inspecting the relocation and release activities authorized under this permit.
PERMIT NO. GTSR-ll-00003
Page: 2/3
14
After the first tortoises are received for release at this site, the Permittee should submit a monl,P E 4
summary report to the FWC for each month that gopher tortoises are received. The report should
include the numbers of tortoises relocated and released within the recipient site, by each relocation
authorization permit number, and be sent to the Gopher Tortoise Permit Coordinator at the letterhead
address.
A person whose substantial interests are affected by FWC's action may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A person seeking a
hearing on FWC's action shall file a petition for hearing with the agency within 21 days of receipt of
written notice of the decision. The petition must contain the information and otherwise comply with
section 120.569, Florida Statutes, and the uniform rules of the Florida Division of Administration, chapter
28-106, Florida Administrative Code. Upon such notification, the Permittee shall cease all work
authorized by this permit until the petition is resolved. The enclosed Explanation of Rights statement
provides additional information as to the rights of parties whose substantial interests are or may be
affected by this action.
PERMIT NO. GTSR-ll-00003
Page: 3/3