Agenda 11/12/2013 Item #11DProposed Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Add On Item 11D: Recommendation to approve an emergency declaration
extending the hours associated with excavation and hauling activities for
Stewart Mine in order to facilitate the expedited completion of the current beach
renourishment project. (Staff request)
Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to
advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility
with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request)
Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density
Bonus liens due to properties being sold at less than the original purchase price. (Staffs request)
Continue Item 16D11 to December 10, 2013 BCC Meeting: Recommendation to approve three (3)
Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012-
2013 HUD Annual Action Plans approved by the Board on October 8, 2013. (Staffs request)
Move Item 16F1 to Item 11F: Recommendation to approve the selection and contract of Aviareps for
tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved
contract, and make a finding that this expenditure promotes tourism. (Commissioner Henning's request)
Move Item 16K3 to Item 1211: Recommendation that the Board of County Commissioners adopts the
attached Resolution to amend the current policy regarding reimbursement of travel and expenses
incurred by County Commissioners in the performance of their official duties. (Commissioner Coyle and
Commissioner Fiala's separate requests)
Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which
created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the
Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the
Marco Island Vision Planning Advisory Committee, and the County Government Productivity
Committee. (Commissioner Coyle's request)
Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance,
providing for modifications directed by the Board of County Commissioners related to a change in the
timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and
Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial
Redevelopment" and including additional minor updates or corrections related to "Adult Only
Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland
Water District. (Staffs request)
Proposed Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Page 2
Note:
Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read:
If an Event of Default occurs, then the Division may shall, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively. (State's request)
Time Certain Items:
Item 12A to be heard at 11:00 a.m.
Item 11C to be heard at 2:30 p.m.
Item 11E to be heard immediately following Item 9D
Add On Item l 1 D
November 12, 2013
EXECUTIVE SUMMARY
Recommendation to approve an emergency declaration extending the hours associated with
excavation and hauling activities for the Stewart Mine in order to facilitate the expedited
completion of the current beach renourishment project.
OBJECTIVE: That the Board of County Commissioners (BCC) approve an emergency declaration to
extend the hours of the Stewart Mine for excavation, processing and material hauling required to
complete the beach renourishment project as quickly as possible.
CONSIDERATION: On July 9, 2013, under item 11B, the BCC declared an emergency and
acknowledged that the 2013 beach renourishment project must proceed as quickly as possible. Collier
County's public beaches were critically eroded and the traffic associated with the upcoming 2013-2014
high tourist season has been noted as a key concern by the residents, the City of Naples and Lee County.
Staff has been doing everything possible to accelerate the safe delivery of sand for the project. The
current schedule anticipates a possible completion date prior to the end of the year. This is possible
because the sand source (Stewart Mine)has been working with staff to increase production rates.
As a condition of the approval of the Stewart Mine, CU-02-AR-3537, approved September 23, 2003,
through Resolution 03-332, excavation activities are restricted to 6:30am-7:OOpm, Monday through
Saturday. Stewart Mine has requested that their hours of operation be extended to 24 hours per day, seven
days per week for excavation and processing, and 4:00am until 7:00pm, Monday through Saturday for
material hauling for the project. The request to change the haul traffic times is to alleviate potential
congestion with rush hour, school traffic and commercial sand haul trucks. This will reduce traffic on the
local roads during the morning peak hour and reduce the total time the project will impact the roads.
There will be no blasting as the excavation involves the recovery of the sand product via a hydraulic
suction dredge.
Staff administratively approved this request in error and is now asking the BCC to formally approve this
request in order to complete this project ahead of schedule.
FISCAL IMPACT: There is no direct fiscal impact associated with this request.
GROWTH MANAGEMENT IMPACT: There is no direct Growth Management plan impact associated
with this request.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires super-majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners (BCC) authorize an emergency
declaration to extended the hours of the Stewart Mine for excavation, processing and material hauling for
the beach renourishment project.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
Attachments: 1)BCC Recap of Item 11B on July 9, 2013; 2) Stewart Mining Letter; 3)Resolution 03-
332
diesel powered dredged and processing equipment. There is also no blasting as the
excavation involves the recovery of sand product via a hydraulic suction dredge.
The potential demand for beach sand to serve the Co:Her County renourishment
project(s) and to meet the needs of ongoing product sales has projected our demand for
material beyond our production capability within our currently permitted production
time.Our initial request is for a period of five months from August 1st 2013 until January
1St 2014. In addition to the current need for Collier County,our operation maybe involved
in serving other municipalities after this period and would additionally request that the
extended time be reviewed to allow a permanent extension to the permitted operation
times.
The requested change in haul truck traffic times is in an effort to better service our
customers,but predominantly to help relieve potentia.congestion at our mine site as well
as conflicts with rush hour and school traffic and the commercial sand haul trucks.
Getting the haul trucks onsite and loaded at 4AM allow them to depart the site and pass
through the local roads before the normal morning rush hour/commuter traffic and well
before morning school bus routes begin. This operational amendment to expand access
to the site by the haul truck customers will provide a significant reduction in traffic on the
local roads during the morning traffic peak times; and remove most commercial haul
traffic from the roads,prior to time that the evening commuters access the roads.
Maintaining haul traffic during the latter part of the day will allow the facility to service
larger projects that may require products be supplied ibr the duration of the day and into
the evening(eg.public road projects that may operate at night when regular traffic is off
the roads, or other structural projects requiring continuous supply of cement),as well as
to allow the loaders and dozers to groom and organize the material stockpiles for the
daily loadout of materials.
On behalf of Stewart Mining Industries, inc. we respectfully request consideration and
approval of the aforementioned changes ';n operational times. If you have questions or
need additional information related to this request,please do not hesitate to contact me.
Sincerely,
Nick Stewart
President, Stewart Mining Industries
riiiiSTEWART M I N 1
NG
I N D
Li S T R I E S
P.O.Box 4332 Ft.Pierce,Florida 34948
Phone:772-464-4499 Fax:772-464-3634
July 26,2013 www.stewartrnining.com
Mr.Leo Ochs
Collier County Manager
CIO Jack McKenna P.E
County Engineer
Growth Management Division
PROJ: STEWART MINING INDUSTRIES,INC. (864-4)
RE: IMMOKALEE/STEWART MINING SAND PLANT
Dear Mr. Ochs,
The referenced project was granted a Conditional Use permit(CU 2002-AR-3537)by the
Collier County Board of County Commissioners in September of 2003,to operate a
surface mine for the purposes of extracting and providing commercial grade sand product
to the local market. Subsequently,the operator obtained all requisite State and local
permits for the operation of the sand mine facility,and officially initiated operations in
September of 2007.
Pursuant to Condition 5 of the existing CU,'excavation activities are permitted from
6:30AM until 7PM,Monday through Saturday.' From September 2007 to the present,
the facility has been operating in compliance with all State and local permits,including
meeting the terms and conditions of the CU permit. Currently,however,the
owner/operator is requesting consideration for a change in the mine's authorized
operating times as follows:
• Excavation/processing—24 hrs pr day,7 days per week;and
• Material Hauling—4AM to 7PM. Monday through Friday.
The sand mine property is located 2-3 miles south of S.R.82,approximately 1 mile west
of C.R.29/29A,and approximately 2.5 miles north of the city limits of Immokalee,
essentially siting the facility in the middle of active agricultural operations,with no
residential land uses adjacent to or near the mine site. The sand plant is an electric
powered operation,such that all mechanical mining related equipment.,including the sand
processing machinery and the hydraulic dredge,are electric powered and thus offers an
operation that is significantly quieter than its compare.ble predecessors,which featured
RESOLUTION NO. 13 -
AN EMERGENCY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING
THAT THE CRITICALLY ERODED BEACHES IN COLLIER COUNTY
REQUIRE EXPEDITED EMERGENCY RENOURISHMENT AND
TEMPORARILY AMENDING RESOLUTION NO. 03-332 TO ALLOW
LIFTING OF THE RESTRICTIONS ON HOURS OF OPERATIONS FOR
STEWART MINE FOR THE DURATION OF THE CURRENT BEACH
RENOURISHMENT PROJECT.
WHEREAS, the beaches of Naples, Park Shore, and Vanderbilt in Collier County have
suffered severe beach erosion, in some locations up to the seawalls, which has the potential for
damage of private property and for negative impacts to Collier County tourism; and
WHEREAS, Collier County has further agreed to renourish the Pelican Bay beaches as
part of its beach renourishment project; and
WHEREAS, pursuant to Section 161.088, Fla. Stat., the Florida Legislature has declared
it to be a necessary governmental responsibility to properly manage and protect Florida beaches
and has further declared that beach restoration and nourishment projects, as approved pursuant to
Section 161.161, Fla. Stat., are in the public interest; and
WHEREAS, the Board of County Commissioners is in the process of renourishing these
beaches; and
WHEREAS, multiple private parties have filed litigation against Collier County and its
contractors seeking an emergency injunction to stop Collier County's beach renourishment sand
truck haulers from using Corkscrew Road. The private parties include: Grandezza Master
Property Owners Association, Inc., Miromar Outlet West, LLC, International Design Center,
LLC, Wildcat Run Community Association, Inc., Bella Terra of Southwest Florida Inc., and
Urika II, Inc. d/b/a University BP; and
WHEREAS, the Verified Amended Complaint alleges in part that Collier County's use of
Corkscrew Road is scheduled for a time when traffic on this public road is the heaviest with
more than twenty-five thousand (25,000) people visiting the Miromar outlet mall and IDC design
center daily during the Thanksgiving, Christmas, and New Year Holidays and the annual tourist
season through April; and
WHEREAS, the Lee County Board of County Commissioners has not only challenged
Collier County's permit to conduct the renourishment, but has discussed bringing legal action
1
against Collier County to do whatever is necessary to halt this project, based in large part on their
concern that the truck traffic generated by the project will impact their roads during tourist
season; and
WHEREAS, Collier County is required to renourish the beaches during this time of year
based on permit requirements from Florida Department of Environmental Protection (FDEP) and
in an attempt to avoid renourishment during sea turtle nesting season; and
WHEREAS, the expeditious completion of this renourishment project will lessen any
potentially negative impact to tourist season in Collier County and the rest of Southwest Florida;
and
WHEREAS, to expedite the project, Collier County finds it necessary and serving a valid
public purpose to allow Stewart Mine to expand its regular hours for excavation and processing
to a 24-hour and seven-day a week operation and expanding its hours for material hauling from
4:00 a.m. to 7:00 p.m., Monday through Saturday; and
WHEREAS, the conditional use approval for Stewart Mine as expressed in Resolution
No. 03-332 limits excavation activities from 6:30 a.m. to 7:00 p.m., Monday through Saturday,
and the Board of County Commissioners finds that this limitation is too restrictive to allow for
the beach renourishment project to be completed as quickly as necessary; and
WHEREAS, for the reasons set forth above, the Board of County Commissioners finds
that pursuant to Section 125.66 (3), Fla. Stat., the need for immediate beach renourishment
constitutes a valid public emergency, and as such the typical notice requirements may be waived.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Resolution No. 03-332
providing for the establishment of a conditional use for Stewart Sand Mine in Immokalee is
hereby amended by temporarily suspending for the duration of Truck Haul Beach Renourishment
Project No. 80096 the time limitations imposed in Exhibit D, paragraph 5, which states:
"Excavation activities are permitted from 6:30 a.m. until 7:00 p.m., Monday through Saturday."
BE IT FURTHER RESOLVED that for the duration of Truck Haul Beach Renourishment
Project No. 80096, the following operating times shall be allowed:
2
1. Excavation and processing—24 hours a day, 7 days a week; and
2. Material hauling—from 4:00 a.m. until 7:00 p.m., Monday through Saturday.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2013/14 and
Reaffirm the Advertised Public Hearing dates in September, 2013 for the
Budget approval process. (Mark Isackson, Director, Corporate Financial
Planning and Management Services)
Resolution 2013-161 —Adopted 5/0
B. This item to be heard at 11:00 a.m. Recommendation to reject the
response from Great Lakes Dock and Dredge (GLDD) to Invitation to Bid
(ITB)#13-60768, "Collier County Beach Renourishment Project" and
postpone hydraulic beach renourishment one to two years until competitive
market conditions stabilize. This option includes the possibility of executing
emergency truck haul renourishment as conditions warrant. (Gary McAlpin,
Manager, Natural Resources/Growth Management Division)
Motion to declare an emergency, waive the competitive bid process and
accept truck-haul Option #3, avoiding turtle nesting, for full
renourishment of the Vanderbilt Beach area—Approved 5/0;
Motion to declare an emergency,waive the competitive bid process and
accept truck-haul Option #2 for renourishment of hot spots and areas
affected by TS Faye only for the Park Shore area—Approved 4/0
(Commissioner Henning absent);
Motion to declare an emergency,waive the competitive bid process and
accept truck-haul Option #2 for renourishment of hot spots and areas
affected by TS Faye only for the City of Naples area —Approved 4/0
(Commissioner Henning absent)
Motion to reject the Great Lakes Dock and Dredge Bid was taken
under Item #15 during Staff and Commission General Communications
Moved from Item #16F3 (Per Agenda Change Sheet)
C. Recommendation to approve Change Order#5 to Contract#10-5541 with
Paradise Advertising and Marketing, Inc. for Tourism Marketing Services to
reflect a requested increase for marketing services for the Office of Business
and Economic Development in the amount of$75,000 and authorize the
Chairwoman to execute the Change Order.
Motion for the County Manager and Director of the Office of Business
and Economic Development to work together on creating an Invitation
to Bid soliciting for a new tourism marketing services provider
Approved—4/0 (Commissioner Coyle absent)
12. COUNTY ATTORNEY'S REPORT
Page 7
July 9,2013