Agenda 01/25/2011 Item #10J
Agenda Changes
Board of County Commissioners Meeting
January 25, 2011
Add Item 9H: Economic Health and Viability of Collier County. (Commissioner Coletta's request)
Add Item 91: Motion that the County stop all further action with respect to Jackson Labs. (Commissioner
Hiller's request)
ITEM 10J
THE RECOMMENDATION PORTION OF
THE EXECUTIVE SUMMARY READS:
RECOMMENDATION TO ENDORSE THE
RECOMMENDATION OF THE COASTAL
ADVISORY COMMITTEE ON HOW TO PROCEED
WITH THE PERMITTING AND INSTALLATION OF
THE PROPOSED CLAM BAY NAVIGATIONAL
MARKERS BASED ON RECENT REGULATORY
FINDINGS AND AGENCY REQUIREMENTS.
RECOMMENDATION TO CHANGE AS FOLLOWS:
RECOMMENDATION TO ENDORSE THE
RECOMMENDATIONS OF THE COASTAL
ADVISORY COMMITTEE (CAC) FROM 1/13/2011
NOT TO MOVE FORWARD WITH THE PERMIT
APPLICATION OR INSTALLATION OF
NAVIGATIONAL MARKERS IN CLAM BAY.
ADDITIONALL Y, THE CAC RECOMMENDS THAT
THE COUNTY, PELICAN BAY AND THE SEAGATE
COMMUNITY JOINTLY MEET AND RESOLVE
THE MARKINGS OF CLAM BAY TO FACILITATE
SAFETY, CHANNEL LOCATION, MAINTENANCE
AND OVERALL COMMUNITY ACCEPTANCE.
AFTER RESOLUTION OF THE MARKING PLAN; A
RECOMMENDATION BY THE CAC; AND
APPROVAL BY THE BCC; THE COUNTY WOULD
PETITION THE USACE TO CLOSE OUT THE
PERMIT.
Move Item 16C4 to lOP: Recommendation to award contract number 11-5625 to Vaccaro Consulting, Inc.
for consulting services and planning assistance. (Commissioner Henning's request)
Move Item 16D8 to ION: Recommendation to approve the renewal of the Interlocal Mutual Aid Agreement
between the Independent, Municipal and Dependent Fire Districts. (Commissioner Hiller's request)
Move Item 16F2 to 100: Recommendation to approve the annual five percent (5%) increase in Consultant
Fees for the Medical Director of Emergency Medical Services as described in the Emergency Medical Services
Medical Consultant Contract for a total of $110,775 for FY11. (Commissioner Hiller's request)
Continue Item 16K6: Recommendation to approve a schedule for submission of non-routine documents by
staff to the County Attorney for legal review prior to submittal for Board action. (County Attorney's request)
Withdraw Item 16K7: Recommendation to approve release of the order recorded in the code enforcement
action entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, Code Enforcement Board Case
No. CEVB20090000974, relating to property located within the Big Cypress National Preserve, Collier
County, Florida. (Staff's request)
Note: Conversion error occurred at time of printing 9D, Packet Page 244 and Item 13A1, Packet Page 506.
The missing information is as follows:
Item 9D:
Mr. Herminio Ortega
District 5
Catel!orv: REGULAR - Construction Industrv
Mr. Kenneth Kellv 435-0014
4260 16th Street. N.E. 354-2021
Naples FL 34120
E-Mail: ken~kellvroofinl!.com
District: 5
Catel!orv: REGULAR - Roofinl! Contractor
02/14/06
01/12/10
02/14/07
02/14/13
1 Year
3 Years
Item 13A1: Hopefully, when homes are built they will address the needfor middle income homes in this area. as
it is now oredominantlv low and verv low income.- Commissioner Fiala.
Item 16D6 - The Recommendation portion of the executive summary reads: Recommendation to approve
award of Bid No.11-5637 for Naples Berm restoration to Eastman Aggregate Enterprises, LLC for
$946,167.20 and authorize the Chairman to execute the standard contract after County Attorney review and
approval.
Recommendation to change as follows:
Recommendation to approve award of Bid No. 11-5637 for the Naples Berm restoration for a total unit
price, not to exceed sum of $882,264. This will include a not to exceed unit price of $564,864 to
Eastman Aggregate Enterprises, LLC for sand transport and placement and a not to exceed, unit
price of $317,400 to Stewart Mining for sand supply. Also recommended is authorization for the
Chairman to execute the standard contract after County Attorney review and approval. This reflects
the County's intent to direct purchase the sand from the sand supplier saving the contractors markup
and sales tax. All other items remain the same.
Item lOG is quasi-judicial and ex parte disclosure is required, all participants will be required to be sworn in.
Item 16A8 is not an ex parte item as originally stated in the agenda.
Time Certain Items:
Item lOG to be heard at 10:00 a.m.
Item 10K to be heard at 11:00 a.m.
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1/25/2011 Item 10.J.
EXECUTIVE SUMMARY
Recommendatjon to endorse the recommendation of the Coastal Advisory
Committee on how. to proceed with the permitting and installation of the
proposed Clam Bay navigational markers based on recent regulatory findings
and agency requirements.
OBJECTIVE: To endorse the recommendation of the Coastal Advisory Committee on
how to proceed with the Clam Bay navigational markers permit application based on
recent regulatory findings and agency requirements.
CONSIDERATIONS: At the June 23, 2009 meeting, the Board of County
Commissioners directed staff to proceed with permitting and installing the Clam Bay
navigational markers to come into compliance with the US Army Corp of Engineers
(USACE) permit requiring the installation of navigational markers on the main channel in
Clam Bay that meets US Coast Guard standards (USCG). Installation of these markers
requires permitting from Florida Department of Environmental Protection (FDEP),
USCG and the Fish and Wildlife Commission (FWC).
FDEP previously issued a "Consent by Rule" approval based on the Florida
Administrative Code to install navigational markers. This "Consent by Rule"
authorization was subsequently rescinded by FDEP when water depth concerns were
identified. On January 26, 2010, the Board of County Commissioners directed staff to
file for the permit using a "Letter of Consent". A stipulation was added that this could be
accomplished within an $8,000 budget. Staff performed all the work in house and
submitted the request for "Letter of Consent" to FDEP on March 5, 2010. Since the
submittal, staff has received and responded to four (4) Requests for Additional
Information from FDEP on June 15, 2010, July 12, 2010, July 23,2010 and September
19, 2010. On September 2, 2010, FDEP classified this project as a "Heightened Public
Concern Project" due to Pelican Bay community concerns.
In September 2010, the USCG permit for the navigational markers within Clam Bay
expired. This permit was not eligible for renewal from the USCG due to heighten public
concern from the surrounding community. Staff consulted with Mr. Joe Embres, Chief,
of the Waterways Management Section of the Seventh Coast Guard District, for
submittal of a new permit. Mr. Joe Embres, advised staff that due to new regulations
within the USCG an Environmental Assessment (EA) or Environmental Impact
Statement (EIS) would need to occur prior to the new permit application submittal. An
EA or EIS determines the cumulative affects of the project on the environment. This
requirement could not be waived due to the heightened public concern status of this
project.
Mr. Joe Embres advised staff to submit the new permit application once approval of the
FDEP permit had been received. However, on October 8, 2010 staff received a
Request for Additional Information from FDEP requesting a valid USCG Permit for the
navigational markers in Clam Bay. This requirement from FDEP forces staff to initiate
an EA or EIS through the USCG. In a joint conference call with both the USCG and
Packet Page -447-
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1/25/2011 Item 10.1.
FDEP it was identified that if an extensive EA and/or EIS is required, it can cost up to
$40,000 and take as long a year to complete. The scope of the EA and/or EIS would be
determined once all environmental concerns were identified through consultation with
the USCG by related state and federal regulatory and permitting agencies.
The CAC recommended on 1/13/2011 that Collier County not move forward with the
permit application or installation of navigational markers in Clam Bay and also
recommended that the County petition the USACE to close the permit noting that the
County has acted in good faith to come into permit compliance but that the denial of
timely and cost effective permits from FDEP, the USCG and FWC has prevented this
from happening. . Additionally, the CAC also recommended that the County, Pelican
Bay and Seagate community jointly meet and resolve the marking of Clam Bay to
facilitate safety and overall community acceptance.
At this point, staff cannot move forward with the study without further direction from the
BCC. If the BCC directs staff to move forward with the navigational marker permitting, a
funding source for these environmental studies will need to be identified. If the BCC
directs staff not to move forward with this permit application for navigational markers,
staff will petition the USACE to close the permit.
Staff believes that the County's petition to close out the permit will be accepted by the
USACE.
ADVISORY COMMITTEE RECOMMDATION: At the January 13, 2011 CAC meeting
the following recommendation was approved 9 to 0:
This item will be presented to the TDC for approval on January 24, 2011.
FISCAL IMPACT: To date, Coastal Zone Management has expended approximately
$4,500 in hourly charges dealing with this item. No out of pocket expenses have been
incurred to date.
In addition to the out of pocket expenses that the County will incur conducting the
environmental studies, additional agency requests will require $5,000 to $10,000 in staff
time to complete. A total cost of up to $50,000 can be expected to complete this
application based on these new requirements for the EA and/or the EIS.
GROWTH MANAGEMENT IMPACT: No impact to the growth management plan would
result from this Board action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office:, requires simple majority vote, and is legally sufficient for Board action. - CMG
RECOMMENDATION: To endorse the recommendation of the Coastal Advisory
Committee on how to proceed with the Clam Bay navigational markers permit
application based on recent regulatory findings and agency requirements.
Prepared by: Gary McAlpin and Pamela Keyes, Coastal Zone Management
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1/25/2011 Item 10.1.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.1
Item Summary: Recommendation to provide direction to the County Manager on how to
proceed with the permitting and installation of the proposed Clam Bay navigational markers.
Meeting Date: 1/25/2011
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
1/13/2011 4:04:04 PM
Submitted by
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Title: Accountant,Coastal Zone Management
Name: HambrightGail
1/13/20114:04:05 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/14/2011 9:16:41 AM
Name: McAlpinGary
Title: Director - Coastal Management Programs, Coastal Zone Management
Date: 1/14/201110:34:30 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 1/14/20111:49:36 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 1/14/2011 2:11:08 PM
. Name: PryorCheryl
Packet Page -449-
Title: Management! Budget Analyst, Senior, Office of Management & Budget
Date: 1/14/2011 3:29:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20113:40:46 PM
Name: OchsLeo
Title: County Manager
Date: 1/15/2011 4:02:25 PM
Packet Page -450-
1/25/2011 Item 10.J.
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