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Agenda 05/26/2009 Item #16F4 Agenda Item No. 16F4 May 26,2009 Page 1 of 4 EXECUTIVE SUMMARY Request that the Board of County Commissioners repeal Resolution No.2009-124, which established limitations on outdoor burning due to extreme drought conditions, thereby ending the Burn Ban, effective immediately. OBJECTIVE: To end the current outdoor burn ban as drought conditions have eased. CONSIDERATIONS: Due to recent significant rainfall, Southwest Florida is no longer experiencing severe drought conditions. It is the opinion of the local Fire Chiefs and the Director of the Bureau of Emergency Services, and the Division of Forestry that this ban is no longer necessary. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item is not quasi-judicial, no ex parte disclosure is required, requires majority vote, and is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMPACT: None. -, RECOMMENDATION: That the Board of County Commissioners hereby repeal Resolution No. 2009-124, previously approved on May 1 ill, 2009, thereby ending the Burn Ban effective immediately. Prepared Bv: Christine Chase, Sr. Administrative Assistant, Bureau of Emergency Services - Agenda Item No. 16F4 May 26, 2009 Page 2 of 4 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING THAT A LOCAL EMERGENCY CAUSED BY EXTREME DROUGHT CONDITIONS NO LONGER EXISTS IN COLLIER COUNTY AND, IN ACCORDANCE WITH ORDINANCE NO. 2009-23, REPEALING RESOLUTION NO. 2009-124 WHICH IMPLEMENTED A BAN ON OUTDOOR BURNING AND INCENDIARY DEVICES. WHEREAS, on May 12, 2009, Board of County Commissioners (Board) upon declaring that a local emergency existed within Collier County, Florida, requiring immediate measures to protect the public health, safety and welfare, and to protect real and personal property, adopted Ordinance No. 2009-23, known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance;" and WHEREAS, in accordance with Ordinance No. 2009-23, and to address the then existing drought conditions and related threat of severe wildfires throughout the County, the Board concurrently approved Resolution No. 2009-124 to implement an immediate ban on all outdoor open burning, and outdoor ignition sources including fireworks, sparklers, incendiary devices (including but not limited to campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) until further notice; and WHEREAS, Ordinance No. 2009-23 provides that such Resolution shall remain in effect until a like Resolution repealing the burning ban is adopted by the Board and upon adoption of the repeal, the restrictions on burning or discharge of fireworks shall be immediately lifted; and WHEREAS, local fire chiefs, the Division of Forestry, and the Director of Emergency Services and Emergency Management concur that the extreme drought conditions warranting the aforementioned ban on outdoor burning and incendiary devices no longer exist and Resolution No. 2009-124 may be repealed. Page 1 of2 Agenda Item No. 16F4 May 26, 2009 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Board of County Commissioners, convened in regular session and based on information provided by local fire chiefs, the Division of Forestry, and the Director of Emergency Services and Emergency Management, hereby affirms that the local emergency related to extreme drought conditions as declared on May 12, 2009, no longer exists. 2. Resolution No. 2009-124 is hereby repealed in its entirety. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Page 2 of2 Page 1 of 1 Agenda Item No. 16F4 May 26, 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F4 Meeting Date: Request that the Board of County Commissioners repeal Resolution No.2009-124, which established limitations on outdoor burning due to extreme drought conditions, thereby ending the Burn Ban. effective Immediately. 5/26/2009 9:0000 AM Approved By Colleen Greene County Attorney Assistant County Attorner County Attorney Office Date 5/19/20091:13 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/19/2009 2:33 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5/20/200911 :55 AM Approved By Laura Davisson Management & Budget Analyst Office of Management & Budget Date County Manager's Office 5/20/200912:09 PM Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Bureau of Emergency Services Date 5/20/200912:18 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/20/2009 12:45 PM file://C:\AgendaTest\Export\1 30-May%2026,%202009\16.%20CONSENT%20AGENDA \1... 5/20/2009