Backup Documents 11/12/2013 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim un pink paper. .titach to:lri,=ittsl dsscnsncnt, it e e,rnlpletcd routing slip mid tn'iguud diu Hems,are to lie fort+ardent!u the f 041fHk Ulut 114.1 Oflee
the tllitt'the item I,placed ,u tht.lt;!`,t`niiii, _id!completed routill`',11ip,1 aiui 4/1. Ili:ll tluctlnlenI 111911l hi'I'e:VP,ell III the(.isnntl dtltirlll'1 Office n(f l;ltm-
than tlunlla■ preceding the Bard meeiitm.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 11/12/13
4. BCC Office Board of County d
Commissioners /6/ 1�✓1 ���
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klat ow,County Attorney Phone Number 252-8400
Contact/ Department /
Agenda Date Item was 11/12/13 Agenda Item Number
Approved by the BCC
Type of Document Resolution -Amending Resolution 03-332 Number of Original One
Attached —Stewart Mine o/O(3 - 2-‘2:8 Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/12/13 and all changes made during JAK
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by t J• . "Avow
BCC,all changes directed by the BCC have been made,and the document is read for the ,/�
Chairman's signature. V�
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revsdd ll/30/12
110
MEMORANDUM
Date: January 7, 2014
Cc: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2013-268/Amending Resolution 2003-332 — Stewart Mine
Attached for your records is a copy of the document referenced above,
(Agenda Item #11D), adopted by the Board of County Commissioners on Tuesday,
November 12, 2013.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
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RESOLUTION NO. 13 - 2 6 8
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
11D
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:
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110
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 .12-AV, day ofc---„ 'ec- r, 2013.
ATTEST,.,• i ,� BOARD OF COUNTY COM ISSIONERS
DWI.. IIT•E:'BR®CK, Clerk COLLIE' S TY, FLO' IA
OA- By: , I i
Attest as ic,,Nlin*Sputy Clerk GEO'GI ' f LER, ESQ.
sinatu,re only., 4_ CHAI' ' OMAN
Approved I t ,or� and legality:
1
-Afkil
Jeffrey A. 10't A
County Atto 1 ey,
(tern l
Agenda 1 k 11 2415
Date
Date k I�')i y
Redd
acs . ,
Deputy Clerk
3