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TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director,, SUBJECT: Request from Summerplace Property Owners for Cangianelli Construction Company to Use Wabasso Beach Park and to Extend Emergency Seawall Construction Activity Beyond May 1,1997 REF. LETTER: Dirk and Brenda Parvus to Jim Chandler dated April 28, 1997 DATE: April 30, 1997 DESCRIPTION AND CONDITIONS On April 22, 1997, the Board of County Commissioners directed staff to issue a letter to Cangianelli Construction Company requesting that the Contractor cease use of Wabasso Beach Park for equipment and material staging associated with the Summerplace seawall construction project. On April 29, 1997, all materials and equipment were removed as requested. An addition, the County's Emergency Seawall Construction permit contains a condition that all construction activity on the beach shall cease after May 1, 1997 due to sea turtle nesting. This language was recommended by the State of Florida DEP Mr. & Mrs. Dirk Parvus, representing six property owners along Summerplace, are requesting that the Board allow continued use of Wabasso Beach Park for staging and equipment until June 1, 1997, and that the Board allow the permit to be extended until June 1, 1997. The Contractor, Cangianelli Construction, has installed portions of the seawall along two of the six remaining properties, but work has not progressed in a timely fashion. ALTERNATIVES AND ANALYSIS Staff has communicated with Dr. Robin Trindell, Biological Administrator with the Florida DEP, regarding the June 1, 1997, time extension for the construction activity to proceed. The State considers extensions on a case-by-case basis depending on the availability of dry beach and sea turtle activity in the area. Staff is in the process of sending DEP the dry beach measurement. The DEP will evaluate the request and hopefully respond prior to May 6, 1997. Reports of turtle nesting activity along Wabasso Beach have been recently received. If the FDEP recommends the extension, a person with a State Marine Turtle Monitoring permit must daily check the site for nesting. If a nest is found, it must be marked and activity ceased in the area. Regarding use of the County park, staff would not recommend use unless the $10,000 restoration bond is received. Staff has serious concerns regarding the Contractor's continued use of the Park. RECOMMENDATIONS AND FUNDING Staff is awaiting the FDEP's recommendation on extending the construction activity until June 1, 1997. In addition, continued use of the County Park by the Contractor is a serious concern based upon the past history of non-compliance with County conditions. MAY 6, 1997 74