Agenda 06/14/2022 Item #16F3 (Resolution Declaring a Dought No Longer Exists)06/14/2022
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution repealing Resolution No. 2022-48, established to enact an
outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance
No. 2009-23, as amended, the Regulation of Outdoor Burning and Incendiary Devices during
Drought Conditions Ordinance, because drought conditions no longer exist.
OBJECTIVE: That the Board of County Commissioners (Board) repeal Resolution No. 2022-48 which
enacted an outdoor burning ban in accordance with Ordinance No. 2009-23, as amended.
CONSIDERATIONS: On May 14, 2009, the Board adopted Ordinance No. 2009-23, the Regulation of
Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, for the purpose of
protecting public health, safety and welfare, and averting the destruction of real and personal property
caused by wildfires. Since this is a reoccurring event in our area, the Ordinance is structured similar to a
light switch, becoming applicable only upon the Board declaring a state of local emergency by
Resolution. The ban then becomes inactive upon the Board finding, by Resolution, that the local
emergency no longer exists.
On March 22, 2022, the Board invoked Ordinance No. 2009-23 and adopted Resolution No. 2022-48
implementing all prohibitions listed in the Ordinance.
Due to significant rainfall that has accumulated since the burn ban was implemented by Resolution No.
2022-48, the Division of Forestry, Department of Emergency Management, and the Collier County Fire
Chiefs Association are recommending a lift on the ban on all outdoor burning at this time.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for approval. - JAK
RECOMMENDATION: To adopt a resolution repealing Resolution No. 2022-48 and terminating the
burn ban.
Prepared By: Dan Summers, Director
Bureau of Emergency Services
ATTACHMENT(S)
1. Fully Executed and Recorded BB Resolution 2022-048 (PDF)
2. Resolution repealing burn ban Reso. 2022-48 - JAK (PDF)
16.F.3
Packet Pg. 1995
06/14/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 22433
Item Summary: Recommendation to adopt a Resolution repealing Resolution No. 2022-48,
established to enact an outdoor burning ban in the unincorporated areas of Collier County in accordance
with Ordinance No. 2009-23, as amended, the Regulation of Outdoor Burning and Incendiary Devices
during Drought Conditions Ordinance, because drought conditions no longer exist.
Meeting Date: 06/14/2022
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
06/01/2022 1:10 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
06/01/2022 1:10 PM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 06/02/2022 3:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 06/03/2022 11:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/03/2022 11:32 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/03/2022 12:41 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 06/03/2022 1:22 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/06/2022 2:48 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/14/2022 9:00 AM
16.F.3
Packet Pg. 1996
RESOLUTION NO. 2022 - 48
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING
BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER
COUNTY ORDINANCE NO. 2009-23,AS AMENDED.
WHEREAS, as a result of extreme drought, Collier County is presently experiencing
severe wildfires throughout the County which is endangering the public health, safety and
welfare and is also endangering real and personal property in Collier County; and
WHEREAS, the Board of County Commissioners hereby finds that to protect the public
health safety and welfare, and to protect real and personal property, it is necessary to implement
an immediate ban of outdoor burning and outdoor ignition sources in accordance with the
Ordinance No. 2009-23, as amended, known as the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance;"and
WHEREAS, the following conditions are hereby found to exist:
A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on or
about March 8, 2022, for Collier County approaches an index value of 600 on a scale of
zero to 750.
B. Collier County is among many of the driest counties in the State at the present time.
C. Local dependent and independent Fire Districts, State and Federal Agencies have
responded to numerous wildfire events that have frequently threatened homes, schools,
business,parks and roadways.
D. Wildfires have on occasion generated periodic evacuations and impacted commerce and
travel by forcing roads to be closed for suppression or smoke management concerns.
E. Local Fire Chiefs, the Division of Forestry and the Director of Emergency Services and
Emergency Management concur that a burning ban would be prudent under the current
meteorological conditions, and
WHEREAS, the Board wishes to implement all prohibitions listed in the Ordinance
including open burning and the discharge of fireworks, sparklers and incendiary devices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly
permitted by the Collier County Ordinance No. 2009-23, as amended, known as the Regulation
of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, that 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) are hereby prohibited until further notice.
Page 1 of 2
16.F.3.a
Packet Pg. 1997 Attachment: Fully Executed and Recorded BB Resolution 2022-048 (22433 : Resolution Repealing Resolution 22-48 Burn Ban)
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this f$4 day of Macc . , 2022.
ATTEST; , BOARD OF COUNTY COMMISSIONERS
CRYSTAL It. KINZEL, CLERK COLLIER CO '' RIDA
62)0 Oki°
By:By:
Dep Clerk Will: L. McDaniel, Jr., Chairman
Attest as to Chairman's
Sinn tare only.
Appro -d as o form
and le. :li , : 4 s —<—`."
it
4111 NM A
ill 1 r '-
Jeffrey T . zkow
Coun • tt, ey
Page 2 of 2
16.F.3.a
Packet Pg. 1998 Attachment: Fully Executed and Recorded BB Resolution 2022-048 (22433 : Resolution Repealing Resolution 22-48 Burn Ban)
16.F.3.b
Packet Pg. 1999 Attachment: Resolution repealing burn ban Reso. 2022-48 - JAK (22433 : Resolution Repealing Resolution 22-48 Burn Ban)
16.F.3.b
Packet Pg. 2000 Attachment: Resolution repealing burn ban Reso. 2022-48 - JAK (22433 : Resolution Repealing Resolution 22-48 Burn Ban)