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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. . . . 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- . . . 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 Packet Page -448- 1/25/2011 Item 10.1. . 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 . 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. . . .