Agenda 11/08/2011 Item #16F3� EXECUTIVE SUMMARY
11/8/2011 Item 1-61.3.
Recommendation to the Board of County Commissioners in response to a
Board request to research funding, or other regulatory concerns regarding
the potential for County funding or engagement in wildfire mitigation.
OBJECTIVE: During the September 22, 2011 Board budget meeting the
County Manager=teceived a request from the Board to provide a staff report on
the request made by the Golden Gate Civic Association in support of funding for
additional wildfire mitigation efforts in the Estates and surrounding lands.
Information contained in the Considerations section and subsequent attachments
are provided as the staff report.
CONSIDERATIONS: Emergency Management staff has contacted the Wildfire
Mitigation Specialist from Florida Forestry via conference call regarding the
previous wildfire mitigation efforts conducted in the Estates in past years.
Forestry reported that they have instituted a number of efforts to help mitigate
wildfire in the Estates and other critical areas of the County with urban wildfire
interface challenges. The urban wildfire interface is. typically defined as: The zone
of transition between unoccupied land and human development.
Work by Forestry included prescribed bums and the construction or "chopping" of
fire breaks or corridors. These efforts to break -up the continunity of flammable
vegative debris and to allow firefighters easier access contributed to successful
reductions in wildfire losses according to our local Forestry Ranger. Recent
efforts were funded by the American Recovery and Reinvestment Act to Florida
Forestry. Forestry reports 650 acres were "chopped" by Rangers and
contractors. These funds helped to significantly improve the normal acreage of
fire - breaks typically funded to the Divison of Forestry which averages about 200-
300 acres per year. The recent efforts of both Forestry annual funds and
American Recovery Act funds allowed for significantly more acreage to be
chopped in recent years, approximately 650 acres - potentially affecting up to
1700 homes in the Golden Gate Estates as reported by Forestry mitigation staff.
Forestry reported that their desire and outreach to other agencies and
organizations such as the Civic Association was; from a management
perspective, to find any available funds that would not only expand the existing
fire- breaks, but find ways to maintain the breaks recently completed.
An excerpt from Florida Statue 590 provides Florida Forestry with the powers
and authorities to prevent, detect, suppress, and extinguish wildfires whenever
they may occur on public or private land in this state and to do all things
necessary in the exercise of such powers, authority and duties. Additionally,
Division (Forestry), employees, and the firefighting crews under their control and
direction, may enter upon any lands for the purpose of preventing and
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11/8/2011 Item 16. F.3.
suppressing wildfires and investigating smoke complaints or open burning not in
compliance with authorization and to enforce the provisions of this chapter.
The Golden Gate Fire District mentioned during the same conference call that
their Fire Commission is expected to discuss the issue shared from the Civic
Association at their next meeting in October as reported by Chief Metzger. Staff
requested a letter regarding the nature of the wildfire mitigation efforts or
concerns be forwarded to staff when the Fire Commission's discussions were
completed. That letter is included in the backup materials.
Typical hazard mitigation grants from the Federal Emergency Management
Agency (FEMA), if any, sought by the County, for continuation of the
construction and maintenance of these types of fire- breaks would be unlikely due
a number of factors such as: The use of FEMA funds on private property in this
environment and the inability of FEMA to fund on -going maintenance efforts that
would be required.
Forestry may be eligible for such grants or similar efforts if offered from FEMA or
other similar sources. To -date staff is unaware of any fund availability.
Forestry personnel have offered to make a presentation to the Board at a later
date regarding its efforts if so desired.
GROWTH MANAGEMENT: There is no growth management impact associated
with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney, raises no legal issues, and requires majority vote for acceptance. -JAK
FISCAL IMPACT: The County appropriates funds annually to the Florida
Division of Forestry for wildfire suppression in Fund 111. Pursuant to Florida
Statute 125.27, the Division of Forestry contracts with each County Board of
Commissioners to provide countywide forest fire protection. The statutory rate is
based on $.07 x 392,538 acres, totaling $27,500 as the County's statutory
contribution for forest fire protection. This contribution to the Florida Division of
Forestry is an unfunded mandate. The Golden Gate Land Trust Capital Fund
(605) currently has $1.1 million budgeted for FY 2012 in capital reserves. Staff is
of the opinion that the wildfire mitigation funding support requested may be an
appropriate use of those funds.
RECOMMENDATIONS: The Golden Gate Civic Association, the Golden Gate
Fire District and its Fire -Wise committee continue to seek other funding efforts to
allow the Florida Forestry to maintain and or expand its local wildfire mitigation
efforts. Consideration could also be given to have the local independent fire
district to seek additional grants, application to the Golden Gate Land Trust, or
local levies for funding via its respective fire district efforts.
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11/8/2011 Item 16.F.3.
Attachments: Florida Statute 590
Golden Gate Civic Association Letter of September 22nd
Presentation Materials from Forestry
Prepared by: Dan E. Summers, Director, Bureau of Emergency Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3.
11/8/2011 Item 16. F.3.
Item Summary: Recommendation to the Board of County Commissioners in response to a
Board request to research funding or other regulatory concerns regarding the potential for
County funding or engagement in wildfire mitigation.
Meeting Date: 11/8/2011
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
10/27/2011 9:26:10 AM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
10/27/2011 9:26:12 AM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 10/27/2011 10:05:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2011 11:29:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2011 1:28:31 PM
Name: FinnEd
Date: 10/28/20115:06:34 PM
Name: OchsLeo
Packet Page -1273-
Title: County Manager
Date: 11/1/2011 10:36:20 AM
Packet Page -1274-
11/8/2011 Item 16.F.3.
11/8/2011 Item 16.F.3.
Title XXXV Chapter 590 View Entire
AGRICULTURE, HORTICULTURE, AND ANIMAL FOREST Chanter
INDUSTRY PROTECTION
CHAPTER 590
FOREST PROTECTION
590.01 Wildfire protection.
590.015 Definitions.
590.02 Division powers, authority, and duties; Liability; building structures; Florida Center for
Wildfire and Forest Resources Management Training.
590.081 Severe drought conditions; burning prohibited.
590.082 Extraordinary fire hazard; certain acts made unlawful; proclamations by the Governor.
590.091 Designation of railroad rights -of -way as wildfire hazard areas.
590.10 Disposing of lighted substances, etc. j
590.11 Recreational fires.
I
590.125 Open burning authorized by the division.
590.13 Civil liability.
590.14 Notice of violation; penalties; legislative intent.
590.15 Burden of proof.
590.16 Rewards.
590.25 Penalty for preventing or obstructing extinguishment of wildfires.
590.27 Penalty for mutilating or destroying forestry or fire control signs and posters.
590.28 Intentional or reckless burning of lands.
590.29 Illegal possession of incendiary device.
590.31 Southeastern Interstate Forest Fire Protection Compact.
590.32 Compact; effective date; ratification.
590.33 State compact administrator; compact advisory committee.
590.34 State compact administrator and compact advisory committee members; powers; aid from
other state agencies.
590.35 Construction of ss. 590.31 - 590.34.
590.42 Federally funded fire protection assistance programs.
590.50 Sate of cypress products prohibited without permit.
590.61 Forestry arson alert program.
590.01 Wildfire protection. —The division has the primary responsibility for prevention,
detection, and suppression of wildfires wherever they may occur. The division shall provide -
leadership and direction in the evaluation, coordination, allocation of resources, and monitoring of
wildfire management and protection. The division shalt promote natural resource management and
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11/8/2011 Item 16.F.3.
fuel reduction through the use of prescribed fire and other fuel reduction measures.
History. —s. 2, ch. 17029, 1935; CGL 1936 Supp. 4151(10 -hh); ss. 14, 35, ch. 69 -106; s. 8, ch. 97 -220; s. 1, ch. 99-
292.
590.015 Definitions. —As used in this chapter, the term:
(1) "Broadcast burning" means the burning of agricultural or natural vegetation by allowing fire
to move across a predetermined area of land. The term does not include the burning of vegetative
debris that is piled or stacked.
(2) "Division" means the Florida Forest Service.
(3) "Fire management services" means presuppression fireline plowing, prescribed burning
assistance, contract prescribed burning, prescribed and wildfire management training, and other
activities associated with prevention, detection, and suppression of wildfires.
(4) "Fuel reduction" means the application of techniques that reduce vegetative fuels, and may
include prescribed burning, manual and mechanical clearing, and the use of herbicides.
(5) "Open burning" means any outdoor fire or open combustion of material that produces
visible emissions.
(6) "Wildfire" means any vegetative fire that threatens to destroy life, property, or natural
resources.
(7) "Wild land" means any public or private managed or unmanaged forest, urban /interface,
pasture or range land, recreation lands, or any other land at risk of wildfire.
History. —s. 2, ch. 99 -292; s. 31, ch. 2000 -308; ss. 54, 71, ch. 2011 -206.
590.02 Division powers, authority, and duties; liability building structures; Florida Center
for Wildfire and Forest Resources Management Training. -
(1) The division has the following powers, authority, and duties:
(a) To enforce the provisions of this chapter;
(b) To prevent, detect, suppress, and extinguish wildfires wherever they may occur on public or
private land in this state and to do all things necessary in the exercise of such powers, authority,
and duties;
(c) To provide firefighting crews, who shall be under the control and direction of the division
and its designated agents;
(d) To appoint center managers, forest area supervisors, forestry program administrators, a
forest protection bureau chief, a forest protection assistant bureau chief, a field operations bureau
chief, deputy chiefs of field operations, district managers, forest operations administrators, senior
forest rangers, investigators, forest rangers, firefighter rotorcraft pilots, and other employees who
may, at the division's discretion, be certified as forestry firefighters pursuant to s. 633.35(4).
Other provisions of law notwithstanding, center managers, district managers, forest protection
assistant bureau chief, and deputy chiefs of field operations shall have Selected Exempt Service
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11/8/2011 Item 16.F.3.
status in the state personnel designation;
(e) To develop a training curriculum for forestry firefighters which must contain the basic
volunteer structural fire training course approved by the Florida State Fire College of the Division
of State Fire Marshal and a minimum of 250 hours of wildfire training;
(f) To make rules to accomplish the purposes of this chapter;
(g) To provide fire management services and emergency response assistance and to set and
charge reasonable fees for performance of those services. Moneys collected from such fees shall be
deposited into the Incidental Trust Fund of the division; and
(h) To require all state, regional, and local government agencies operating aircraft in the
vicinity of an ongoing wildfire to operate in compliance with the applicable state Wildfire Aviation
Plan.
(2) Division employees, and the firefighting crews under their control and direction, may enter
upon any lands for the purpose of preventing and suppressing wildfires and investigating smoke
complaints or open burning not in compliance with authorization and to enforce the provisions of
this chapter.
(3) Employees of the division and of federal, state, and local agencies, and all other persons
and entities that are under contract or agreement with the division to assist in firefighting
operations as well as those entities, called upon by the division to assist in firefighting may, in the
performance of their duties, set counterfires, remove fences and other obstacles, dig trenches, cut
firelines, use water from public and private sources, and carry on all other customary activities in
the fighting of wildfires without incurring liability to any person or entity.
(4)(a) The department may build structures, notwithstanding chapters 216 and 255, not to
exceed a cost of $50,000 per structure from existing resources on forest lands, federal excess
property, and unneeded existing structures. These structures must meet all applicable building
codes.
(b) Notwithstanding s. 553.80(1), the department shalt exclusivety enforce the Florida Building
Code as it pertains to wildfire and taw enforcement facilities under the jurisdiction of the
department.
(5) The division shalt organize its operational units to most effectively prevent, detect, and
suppress wildfires, and to that end, may employ the necessary personnel to manage its activities in
each unit. The division may construct lookout towers, roads, bridges, firetines, and other facilities
and may purchase or fabricate tools, supplies, and equipment for firefighting. The division may
reimburse the public and private entities that it engages to assist in the suppression of wildfires for
their personnel and equipment, including aircraft.
(6) The division shall undertake privatization alternatives for fire prevention activities including
constructing fire lines and conducting prescribed burns and, where appropriate, entering into
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11/8/2011 Item 16.F.3.
agreements or contracts with the private sector to perform such activities.
(7) The division may organize, staff, equip, and operate the Florida Center for Wildfire and
Forest Resources Management Training. The center shalt serve as a site where fire and forest
resource managers can obtain current knowledge, techniques, skills, and theory as they relate to
their respective disciplines.
(a) The center may establish cooperative efforts involving federal, state, and local entities;
hire appropriate personnel; and engage others by contract or agreement with or without
compensation to assist in carrying out the training and operations of the center.
(b) The center shall provide wildfire suppression training opportunities for rural fire
departments, volunteer fire departments, and other local fire response units.
(c) The center will focus on curriculum related to, but not limited to, fuel reduction, an
incident management system, prescribed burning certification, multiple -use land management,
water quality, forest health, environmental education, and wildfire suppression training for
structural firefighters.
(d) The center may assess appropriate fees for food, lodging, travel, course materials, and
supplies in order to meet its operational costs and may grant free meats, room, and scholarships to
persons and other entities in exchange for instructional assistance.
(e) An advisory committee consisting of the following individuals or their designees must review
program curriculum, course content, and scheduling: the Director of the Florida Division of
Forestry; the Assistant Director of the Florida Division of Forestry; the Director of the School of
Forest Resources and Conservation of the University of Florida; the Director of the Division of
Recreation and Parks of the Department of Environmental Protection; the Director of the Division
of the State Fire Marshal; the Director of the Florida Chapter of The Nature Conservancy; the
Executive Vice President of the Florida Forestry Association; the President of the Florida Farm
Bureau Federation; the Executive Director of the Fish and Wildlife Conservation Commission; the
Executive Director of a Water Management District as appointed by the Commissioner of
Agriculture; the Supervisor of the National Forests in Florida; the President of the Florida Fire
Chief's Association; and the Executive Director of the Tall Timbers Research Station.
(8) The Cross City Work Center shalt be named the L. Earl Peterson Forestry Station. This is to
honor Mr. L. Earl Peterson, Florida's sixth state forester, whose distinguished career in state
government has spanned 44 years, and who is a native of Dixie County.
(4)(a) Notwithstanding ss. 273.055 and 287.16, the department may retain, transfer,
warehouse, bid, destroy, scrap, or otherwise dispose of surplus equipment and vehicles that are
used for wildland firefighting.
(b) All money received from the disposition of state -owned equipment and vehicles that are
used for wildland firefighting shalt be retained by the department. Money received pursuant to this
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11/8/2011 Item 16. F.3.
section is appropriated for and may be disbursed for the acquisition of exchange and surplus
equipment used for wildtand firefighting, and for all necessary operating expenditures related to
such equipment, in the same fiscal year and the fiscal year following the disposition. The
department shall maintain records of the accounts into which the money is deposited.
(10)(a) The division has exclusive authority to require and issue authorizations for broadcast
burning and agricultural and silvicultural pile burning. An agency, commission, department, county,
municipality, or other political subdivision of the state may not adopt laws, regulations, rules, or
policies pertaining to broadcast burning or agricultural and sitvicultural pile burning unless an
emergency order is declared in accordance with s. 252.38(3).
(b) The division may delegate to a county or municipality its authority, as delegated by the
Department of Environmental Protection pursuant to ss. 403.061(28) and 403.081, to require and
issue authorizations for the burning of yard trash and debris from land clearing operations in
accordance with s. 590.125(6).
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11/8/2011 Item 16. F.3.
The Gol
September 14, 2011
civi
'states Area
qn, Inc.
P.O. Box 990596, Naples, FL 34116 -6002
www.estates- civic.or�
Collier County Commissioners
Fred Coyle, District 4, Chairman
Jim Coletta, District 5, Vice Chairman
Donna Fiala, District 3
Tom Henning, District 3
n Georgia Hiller, District 2
Leo Ochs, County Manager
Mark, Isackson, Corporate Financial & Management Services Director
Office of Management and Budget, (Director position vacant)
RE: Firebreak Maintenance Budget Line -item
Ladies and Gentlemen,
On behalf of the Golden Gate Estates residents and in the interest of public safety, economic
opportunities for recognized eco- tourism, and in support of efforts made to protect and prevent
wildfire, we respectfully request the insertion and /or institution of a budget line item and funding
for maintenance and upkeep of fire breaks in the eastern areas of the county.
In conjunction, partnership and cooperation with the Florida Forest Service, fire districts, and the
Golden Gate Estates Area Civic Association, we are finalizing a Community Wildfire Protection
and Prevention Plan (CWPP), and as part of our wildfire education, wildfire prevention and
protection efforts, will seek a designation for Golden Gate Estates as a recognized Firewise
Community.
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11/8/2011 Item 16. F.3.
Florida Forest Service conducts annual wildfire risk reduction projects in Collier County to
reduce wildfire spread. Most of the projects have been done in Golden Gate Estates where the
greatest wildfire threats exist in Collier County. The Caloosahatchee Forestry Center received
funds to conduct additional mitigation work through the American Recovery and Reinvestment
Act, which allowed the Center to conduct more extensive mitigation projects. However, those
funds are no longer available. Caloosahatchee Forestry Center will continue mitigation efforts,
but without additional funding, the center will be unable to sufficiently maintain any firebreaks
created.
As such, we request that the County Commission and the Office of Budget and Management
incorporate a "Firebreak Maintenance" line -item in the budget and fund and coordinate the
maintenance of these firebreaks through appropriate channels. A recommended value would be
$75,000.
Sources of funding that might/could be considered include energy cost savings from the seasonal
turnoff of rural roadway lighting, the unincorporated road maintenance funds, a part of the
Unincorporated MSTD that applies to road landscaping on Golden Gate Blvd be reduced for Fire
Break Maintenance, or other sources as may be determined appropriate.
The maintenance of firebreaks is a matter of public safety. There are several miles of firebreaks
that have been created in the last few years. Without a funding source for maintenance, the cut
firebreaks rapidly grow back and become ineffective over a period of time. Whereby the county
has an interest and expends funds to maintain and upkeep coastal beaches through re- n
nourishment programs and projects, so too is it necessary for maintaining resources and tourism
in the interior of the county. For every major wildfire, opportunities for eco- tourism are put on
hold.
More concerning is that without maintaining of firebreaks, the benefits gained from creating
them are minimized and the potential for the loss of life and homes increases with time.
It is important that we advance the action of the Community Wildfire Protection Plan in
preparing and protecting the community from wildfires.
Please establish and fund "Firebreak Maintenance" within the County Budget and provide means
for maintenance and protections for the communities at risk from wildfire.
Respectfully
W. James Flanagan III
Co- Chair, Fire Safety Committee
Golden Gate Estates Area Civic Association
Michael Ramsey
Co- Chair, Fire Safety Committee
Golden Gate Estates Area Civic Association
Packet Page -1281-
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11/8/2011 Item 16. F.3.
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
14575 Collier Boulevard - Naples, FL 34119 - (239) 348 -7540 - (239) 348 -7546 FAX
htt[?:1/www-aczfire.com .
November ?. 2011
Mr. Dan Summers. CEM. Director
Collier County Bureau of Emergency Services
8075 Lely Cultural Parkway, Suite 445
Naples. FI- 34113
RE: I.e.tter of Su1)Port for firebreak Maintenance
Dear Mr. Summers:
As the county's identified contact Person for the request made by the Golden Gate t"states
Area Civic Association (GGI1'ACA) to maintain the Florida Forest Service- created
firebreaks in the Estates area, I and directing this letter of support to you.
:At the t�ctober 1?. ?01 1 nleeting . of the Board of Fire Cotllnlissioners for the Golden
Gate Fire Control and Rescue District. the Board unanimously passed a motion to supprn-t
the efforts of the GGEAC:A in requesting that Collier C'ounty assume the n1,,.tintenance of
these firebreaks. These firebreaks. properly maintained. will serve io sloe the spread of
wildfire in these areas of the \yildland -urhan interface and are critical to the safety of the
residents in these areas. It is our fervent hope that the Board cif County Commissioners
g ill iyc the GGEACA request serious consideration and will identify a funding
mechanism for this nlamtenalice.
For the Board of Firc Conlnlissioners.
%40st respectfully.
1
6
Robert D. NVlet /ger
Fire Chief
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