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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 1 nn? nnnQ -- 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 -"-.._,' -.-----.---., .-- NOW THEREFORE, the above is agreed by the following parties: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. DIVISION OF FORESTRY .:/ . 3W Collier Florida By: '. ~~,\" '~i ':,~_; ,'1:~',o.i~,..:.'.._v,,-. , ('v\' " "''i . ..t"V''''''''''/ By: Board of County Commissioners of Collier County, Florida TOM HENNING; Chairman Printed Name "'l-.~__ ,....,,'. "'....1-.__r-.~ Title ATTEST: DWIGHT E. BROCK; CLERK (..__.l~.--~ -C-2:. ~ r, .') r, .' . \\1... cA ::L....'x.:.a-C-.L-.....:.:.> Approval as to form and al Sufficiency:: JENNIFER A. BELPEDIO; Assistant County Attorney (Q4-COA-01023f266) Signature . / 4' , .~,~ - itness -~ ~ ' .~. ,/ ",.--/' I n- \./ . ;~'I{ ~ . ~_.~ \ ",_., l,' ,'t, ....- 'J ,:\I(", \ ~.. ----, ~ .' - Date l () -(i) _'n CJ.~~ Date Telephone Number with Area Code Certification Number. C1 DACD-1143 I REV. 3/03 Agenda Item No. 16E24 October 28, 2008 Page 4 of 4 A .. 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 ~LL ,-; "-'",~ \. '" Pnnted Name l .._''''t'''''''\,~~ ; \ - BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: \ :-"'i_-"-"~_!"h"";'~::,^\'- --~. I,. __'' ~ _~ _',,-. ritle' . -, . ~'.. _ v; .. - _ .,._ ----.... ~. .------~~...~ I \ - -~,. ',"- - \. .- TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK :~l-~.~~~-~~~------ /, Signature -\ h.:::- --2(- /'. Date ./ . {( / /f . '. l'~l.~ --..i< ,. n - iL:--' ~I _-~ '-'__, - I" .,_\t(~' -~. ,-. I ' i Witness \ ~-- Date -D Approval as to form and legal Sufficiency: Jen~~~~ fJBe~~i~~L~~ Assistant County Attorney Certfflcatlon Number ..; '- ....., J . L.- DACS-II440 REV. 03/03 04-COA-O I 023/266