Agenda 10/28/2008 Item #16E24
DOF Executive SummaI)'
Agenda Item No. 16E24
October 28, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to authorize the Chairman to
sign two Florida Division of Forestry Agreements for conducting controlled burning and
site preparation on the Conservation Collier Nancy Payton Preserve
OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize the Chairman
to sign two Florida Division of Forestry Agreements for conducting controlled burning and site
preparation on the Conservation Collier Nancy Payton Preserve.
CONSIDERA nONS: The first agreement is a "Wildfire Hazard Mitigation Agreement" that would
allow DOF to conduct land management activities such as prescribed burning and fuel height reduction in
order to mitigate the risk of homes and property being damaged or destroyed by wildfire. The second is a
"Burning Services and Pre-suppression Plowing Abrreement" which would allow DOF to conduct a
contract bum, offer prescribed bum assistance, and pre-suppression plowing. All management activities
would be performed on the Nancy Payton Preserve located north of Brantley Blvd. and east of Blue Sage
Drive in Section 24 of North Belle Meade. The bum will be conducted, weather permitting, before the
end of January 2009. Controlled burning on the preserve meets GOAL 4 - Create and implement a
prescribed fire program - of the Nancy Payton Preserve Final Management Plan, which was approved
by the Board on September 23,2008 (Agenda Item # l6E8). Prior to any burning, public meetings for the
surrounding community will be held and an official comprehensive prescribed bum plan will be approved
by DOF and County staff.
FISCAL IMPACT: The cost of the controlled bum and installation of fire breaks will be approximately
$5,000.00 or less if the DOF contributes through wildfire mitigation funds. Costs are budgeted within the
Conservation Collier Land Management Fund to accomplish these activities.
GROWTH MANAGEMENT IMPACT: The development of an ab'Teement for management of a
County resource complies with the Intergovernmental Coordination Element of the Growth Management
Plan directing the County to participate in cooperative planning programs with other governmental
entities and with Objective I .1.4 of the Conservation and Coastal Conservation and Management Element
directing the County to continue cooperation with State, and Federal environmental agencies to manage
natural resources.
LEGAL CONSIDERA nONS: The Conservation Collier Ordinance (No. 2002-63, as amended), in
Section 14, provides a legal framework for seeking cooperative management arrangements with other
agencies, in keeping with approved management plans and goals of the program. The Office of the
County Attorney has reviewed and approved the attached documents for legal sufficiency. -JAB
RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to sign two
attached Florida Division of Forestry Agreements for conducting controlled burning and site preparation
on the Conservation Collier Nancy Payton Preserve and allows the County to accept funding from DOF if
granted.
Prepared by: Christal Segura Environmental Specialist, Facilities Management Department
Page 1 of 1
Agenda Item No. 16E24
October 28,2008
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E24
Item Summary:
Recommendation for the Board of County Commissioners to authorize the Chairman to sign
two Florida Division of Forestry (DOF) Agreements for conducting controlled burning and site
preparation on the Conservation Collier Nancy Payton Preserve
10/28/2008 9:00:00 AM
Meeting Date:
Approved By
Melissa Hennig
Environmental Specialist
Date
Administrative Services
Facilities Management
10/14/20085:03 PM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
10/15/20082:35 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
10/15/2008 8:35 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16/2008 9:04 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16/200811:04AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/200811:47 AM
Approved By
James V. Mudd
County Manager
Date
Soard of County
Commissioners
County Manager's Office
10/21/2008 11 :45 AM
file://C:\AgendaTest\Export\115-0ctober%2028.%20200R\ 1 ()_%)OrnN~FNT%?()Anp1\J
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Florida Department of Agriculture and Consumer Services
Division of Forestry
Agenda Item No. 16E24
October 28, 2008
P.4
BURNING SERVICES AND PRE-SUPPRESSION PLOWING AGREEMENT
Chartes H. Bronson
Commissioner
s. 590.02(1)(g), Florida Statutes
SERVICES AVAILABLE:
CONTRACT BURN. - The Florida Department of Agriculture and Consumer Setvkes, Division of Fonudry IDOF), may contract with a
L.andowneror hislher agent Ie carT)' out contract presaibed buming in accordance with s.59O.02(1)(g), Florida Statutes. A DOF Certified Prescribed
Bumer will prepare a prescribed bum plan, obtain bum authorization, ensure the availability of personnel and equipment and execute the bum with the
approval of the District ManagerlForestry Operations Administrator for the area in which the bum is to occur. Landowner understands and agrees that
DOF may use volunteer personnel in the performance of this agreement. Landowner wiD not be charged for the use of volunteer labor. It is recognized
by both parties Ie this agreement that conditions may arise. which prohibit the burning being carried out. Therefore, either party may cancel this
agreement by notifying the other party of this fact and confirming in writing
PRESCRIBED BURN ASSIST ANCE.- The DOF may provide manpower and equipment to a landowner or hislher agent so the landowner or agent can
prescribe bum in accordance with s. 590.02(1)(g), F.S. The Landowner or hislher agent: (i) will prepare the bum plan, (i~ obtain the bum authorization,
(iii) assume responsibility for control of the fire, (iv) remain with the fire until all visible flames are extinguished and the bum area is safe. The DOF will
review and approve the bum plan prior Ie ignition of the prescribed fire and keep a copy for Division records. The DOF reserves the right Ie leave the
scene. after securing the fire. in order Ie respond Ie wildfires or other emergencies.
PRE.SUPPRESSION PLOWING.- The DOF may plow pre-suppression firelines for a landowner or hialher agent in aocordance with $.. 590.02(1) (g),
Florida Statutes. Fireline plowing contributes Ie protection of property from fire.
It is specifically requested by the landowner or hislher agent that DOF provide:
r8l Contract Prescribed Bum of 64 acre(s), more or less, for Broadcast Burning as described above.
The Landowner or hislher agent agrees to pay the DOF based on the published rate provided in Fire Manual, Chapter 15.
o Prescribed Bum AssIstance of _ acre(s), more or tess, for Broadcast Burning as described above.
The Landowner or hislher agent agrees to pay the DOF for personnel and equipment based on the published rate provided in Fire Manual,
Chapter 15.
18I Pre-suppression plowing assistance of ~ acre(s), more or less. for Property Protection as described above.
The landowner or hislher agent agrees to pay DOF for equipment based on the published rate provided in Fire Manual, Chapter 15.
THE INDICATED SERVICES SHAU BE PROVIDED ON THE FOLLOWING DESCRIBED AREA: The landowner or hislher agent represents that the
property being treated as described below, under this agreement, is owned in fee simple, or is in lawful possession of the landowner, and property
boundaries are marlted correctly,
SedlOll T~. __~ge LatItude lon9Jtude ..~ntY. State
24 49 46 25 11 SON 81 40
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NOW THEREFORE, the above is agreed by the following parties:
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. DIVISION OF FORESTRY
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Collier
Florida
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Board of County Commissioners of Collier County, Florida
TOM HENNING; Chairman
Printed Name
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ATTEST: DWIGHT E. BROCK; CLERK
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Approval as to form and al Sufficiency::
JENNIFER A. BELPEDIO; Assistant County Attorney
(Q4-COA-01023f266)
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DACD-1143 I REV. 3/03
Agenda Item No. 16E24
October 28, 2008
Page 4 of 4
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Florida Department of Agriculture and Consumer Services
Division of Forestry
.
Cbarles H. Bronson
Commissioner
WILDFIRE HAZARD MITIGATION AGREEMENT
55. 590.01, 590.02, Florida Statutes
The Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF) has established
a program of wildland vegetative fuel treatment to be effected in and around communities and subdivisions
in order to mitigate the risk of homes and property being damaged or destroyed by wildfire. The methods
used for this program include prescribed burning, manual and mechanical fuel height reduction, use of
herbicides, or a combination of these treatments in accordance with ss. 590.01, 590.02, F.S.
The Landowner or agent
(1) Grants OOF access to the land and authority to carry out the practices of this agreement for the
purpose of wildfire hazard mitigation treabnent.
(2) Understands the work will consist of burning, mowing, grinding, chopping, cutting vegetative fuels, or use of
herbicides to retard regrowth of treated areas on lands adjoining or in close proximity to a residential community
known as Golden Gate Estates and Naples Farm Site Properties.
(3) Unden>tands the appearance of the work zone area will be altered, in that standing vegetation up 0 to four inches
in diameter may be treated. Limbs on remaining standing trees may be damaged as work is performed.
(4) Represents that the property being treated and located below, under this agreement, is owned in fee simple, or is
in lawful possession of the landowner, and the property boundaries are marked correctly.
(5) Agrees that the number of acres to be treated are..M.. and that the type of treabnent
will be fuel reduction and prescribed buminQ.
(6) Will make a good faith effort to maintain the treated area in the future.
Section Township
24 49
Range
46
l..atitude
Deg_ Min_ See.
25 11 50 N
Longitude
Deg_ Min_ Sec_
81 40 3 W
County
Collier
State
Florid.
NOW THEREFORE, the above is agreed by the following parties:
FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY
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Pnnted Name
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
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TOM HENNING, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
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Signature -\ h.:::- --2(- /'. Date
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Approval as to form and legal Sufficiency:
Jen~~~~ fJBe~~i~~L~~
Assistant County Attorney
Certfflcatlon Number
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DACS-II440
REV. 03/03
04-COA-O I 023/266