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HomeMy WebLinkAbout2002 10 14 Regular E Boat Docks COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X v~ //Y October 14,2002 Meeting Mgr. / Attor / Dept. Authorization REQUEST: The Community Development Department requests the City Commission reconsider information about boat docks. PURPOSE: The purpose ofthis agenda item is for the City Commission to reconsider the October 16, 2000, report prepared by the consulting firm of Breedlove, Dennis and Associates, Inc. and April 22, 2002, presentation to the City Commission regarding consideration of new boat dock regulations. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11), F.S., which states, "Each local government is encouraged to articulate a vision ofthe future physical appearance and qualities ofits community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. " CONSIDERATIONS: 1. In August 1999, the City Commission authorized the City Manager to engage consultants to review the City codes related to wetlands, conservation areas and docks and prepare amendments to the code if necessary. COD/October 8. 2002/5:09 PM October 14, 2002 REGULAR AGENDA ITEM E Page 2 2. Breedlove, Dennis and Associates, Inc. completed its research and summarized its findings concerning wetlands, conservation areas and boat docks in a workshop on October 16, 2000. 3. On November 13,2000, the City Commission directed the consultant to provide a scope of services for additional services, complete with prices. 4. On February 25,2002, the City Commission requested that staff investigate the status of the research concerning boat docks. 5. On April 22, 2002, the City Commission heard a presentation from Senior Scientist Penny Copel, of Breedlove, Dennis and Associates, Inc., and voted not to approve additional funding or change the existing City Code [pertaining to boat dock regulations]. 6. On August 26, 2002, staffwas directed to bring this item back to the City Commission for further review. 7. At the September 23, 2002, City Commission meeting, staff was directed to contact Breedlove, Dennis and Associates, Inc., determine if the prices quoted earlier this year were valid (and receive a new quote if necessary). The attached memo states that the prices quoted are still valid. 8. Also at the September 23, 2002, City Commission meeting, staff was directed to determine the number of dock permitted and/or built at Parkstone (at least 4 private docks and one community pier - the permit for another private dock will be issued this week) and address areas for potential application of a dock ordinance: a. there are approximately 47 waterfront lots at Parkstone docks (26 in Unit 1 and 21 in Unit 3 - at least 5 private boat dock permits have been issued); b. docks or piers could be constructed when the lakefront Town Center or Greeneway Interchange district properties develop; c. a dock or pier could be constructed as part of the Central Winds Park; d. existing lakefront enclave properties could be annexed and their owners could request to build, repair, or replace docks (tax records list 15 existing docks at the end of Spring Avenue and 12 along Orange Avenue); and e. one private and one community dock exist at St. Johns Landing (potentially 9 more docks). Many of the docks in the enclave properties are at least 20 years old and may need substantial repairs in the near future, unless they have been carefully maintained. As these areas are annexed and re-develop, the docks there are likely to be replaced with new structures, especially as the sites are redeveloped. FINDINGS: 1. In an October 16, 2000 workshop, Breedlove, Dennis and Associates, Inc. presented a detailed report, which outlined the results of a review of City ordinances related to CDD/October 8. 2002/5:09 PM October 14, 2002 REGULAR AGENDA ITEM E. Page 3 wetlands, conservation areas, threatened or endangered species, species of special concern and their habitats and boat docks. 2. On November 13,2000, the City Commission considered Regular Agenda Item "B" to decide ifthe October 16, 2000, report prepared by Breedlove, Dennis and Associates, Inc. was acceptable as presented or if additional work were required. 3. The consensus ofthe City Commission [at the October 16,2002, meeting] was to direct the consultant to prepare a scope of services complete with prices to develop additional data on boat docks and bring the matter back to the Commission. 4. On April 22, 2002, the City Commission heard the presentation by Breedlove, Dennis and Associates, Inc., and voted 3-2 not to spend additional money to review boat docks and boat dock regulations or to amend the City Code to incorporate boat dock provisions. 5. On June 20, 2002, City Attorney Anthony Garganese opined on the appropriateness of reconsidering its previously approved official action. 6. On August 26,2002, staffwas directed to bring this item back to the City Commission. 7. On September 23, 2002, the City Commission voted to re-address boat docks and directed staff to verify the existing quotes from Breedlove, Dennis and Associates, Inc. (get new ones if necessary), investigate existing boat docks at Parkstone, and address potential areas where a new boat dock ordinance would apply. STAFF RECOMMENDATION: Staff requests the City Commission reconsider data on the status of the Breedlove, Dennis and Associates, Inc. effort in connection with boat docks and approve a scope of services dated March 18,2002 (Attachment B). A TT ACHMENTS: A. Breedlove, Dennis and Associates, Inc. scope of services & 10/03/02 memo B. Existing Dock & Pier location map CITY COMMISSION ACTION: CDD/October 9. 2002/9:07 AM 10/0.3/02 16: 25 FAX 4076577 -.----.--..-- ATTACHMENT A {lJOOl BDA ENVIRONMENTAL CONSUL TA!.'lTS F ACSJMILE TRANSMITTAL PROJECT NO.: DATE: 99126-20.1 October 3, 2001 FAX NO.: FROM: E.MAIL: BDA FAX NO.: PROJECT NAME: Me. John Baker Planning Departmenl City of Winter Springs 1126 East State Road 434 Winter Springs. Florida 32708-2799 (407) 327-6695 TO; COMPANY; Bruce A. Biltgen bruce@bda-inc .com (407) 657-7008 Assistance to the City of Winter Springs RE~ Boat Dock Ordinances NUMBER OF PAGES (including cover sheet): I-IARD COpy TO FOLLOW: DYES XNO MESSAGES I REMARKS John. Based on our review of our proposal dated March 19. 2002. regarditlg the above referenced services. the workscope and costs are sufficient to address the issues wilhout cbal1ge at this time. If you have any problems with this transmittal. please feel tree to contact us at (407) 677-1882. Thank you. cc: P:V.OMIN\PROJE.CTS\99l2('\PROPOSAL\CARRINGTON\DAKER PRO FAX.DOC BREEDLOVE, DENNIS & ASSOCIATES. INC. 330 W. CAL'JTON A VENUE / WlNfER PARK, FLORIDA 32789/ (407) 677-1882/ FAX (407) 657-7008 BOA [NVII\ON~'IENTt\L CONSLJI~rt\NTS March 19,2002 File: 99126-20.1 Mr. Charles Carrington City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Phone: 407-327-5970 Fax: 407-327-6695 RE: Proposal to Assist the City of Winter Springs Modifications and/or Amendments to Adopted Ordinances for Boat Docks Dear Charles: Pursuant to your request, Breedlove, Dennis & Associates, Inc. (BOA) is providing the following proposal to assist the City of Winter Springs with revising or amending adopted ordinances and to assist with drafting language for new ordinances regarding boat docks within the city limits. The general scope of our services will include a review of current codes relating to boat docks for both the City of Winter Springs and other municipalities and counties in central Florida. Based on that review, a workshop would be scheduled with City of Winter Springs personnel and with city commissioners to review possible modifications to existing ordinances and potential amendments to these ordinances. A public hearing would also be scheduled and the suggested changes presented with public participation and comment. Drafts of the proposed changes would be provided for final discussion, modification, and approval. Our services under this contract are not intended to duplicate permitting requirements of other federal, state, and local governments, but to maximize the City of Winter Springs protection for its natural resources not addressed elsewhere in government codes or permitting regulations. We propose the following workscope for our services. P:\ADMIN\PROJECTS\99I 26\PROPOSAL\CARRINGTON\BOA T.DOC IIIZEEI)IJ lVI:. I )I:NNI5 & 1\55( )(;I/\TES, INC. \ \0 \Xl CANTON !\VI:NUE / WINTm I'/\I\K, I:L l27.'i'J l'lll )NE ~07,(,77.IKK2 /1:/\\ ~07.(,'i7.70l1K BOA ENVIRON~'I[NTAL CONSULTANTS Mr. Charles Carrington March 19,2002 Page 2 o Task No.1 - Review of Existing Ordinances We will review the existing City of Winter Springs ordinances related to boat docks and mooring defined by our previous experience. We will also contact other municipalities and government agencies to obtain model ordinances and local ordinances from which to fomlUlate modifications. These other contacts may include, but not be limited to, the American Planning Association, Urban Land Institute, League of Cities, Seminole County, Orange County, City of Sanford, City of Orlando, and. City of Altamonte Springs. Other contacts may be made as directed by the City of Winter Springs. Upon completion of this data collection and review, we will formulate proposed changes to the existing city ordinances and recommend options for amending the adopted codes. o Task No.2 - Progress Review Workshop A workshop will be scheduled to present recommended options. These options will have been developed based on our review of other ordinances from other municipalities. The goal of this workshop will be to define the ordinances to be modified or amended to provide additional protection for the City of Winter Springs. o Task No.3 - Preparation of Proposed Ordinance Amendments Based on information and comments received during the Progress Review yv orkshop, a draft of the proposed ordinance amendments will be prepared and submitted to the City of Winter Springs. o Task No. 4 - First Commission Meeting (Public Hearing/First Reading of Ordinance Amendments) We will coordinate with the City of Winter Springs to present recommended modifications of city ordinances during the regularly scheduled public meeting with the City Commissioners. BDA will make a presentation and answer questions during this hearing, as necessary. Any necessary revisions to the proposed ordinance amendments will be made, and a final draft will be submitted to the City of Winter Springs. P:\ADMIN\PROJECTS\99I 26\PROPOSAL\CARRINGTON\130A T.DOC BOA I:"VIIZON~II:\T;\L U )\:iliITANT:: Mr. Charles Carrington March 19,2002 Page 3 o Task No.5 - Second Commission Meeting (Final Reading and Adoption of Ordinance) A final public meeting with the City Commissioners will be scheduled to approve recommended changes to the city's ordinances protecting natural resources. We will attend this meeting to answer questions and provide a presentation, as necessary. o Task No.6 - Requested Services Work related to tasks above and beyond the scope of services provided herein will be conducted on a time and materials (T &M) basis pursuant to your authorization. Cost of Services and Invoicing Dr. W. Michael Dennis and Ms. Penny E. Cople will attend the workshop and meetings representing BDA. The anticipated costs for each task have been outlined below for your review. However, the actual costs for the completion of each of these tasks may be more or less than the estimated costs provided for each task below. The total contract amount will not exceed $6,200, without prior authorization in the event additional meetings or tasks are assigned. Billing will be on a not-to-exceed basis for Task Nos. 1 through 5 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Terms and Conditions as identified on the following table. Billing for any additional authorized tasks not included in this proposal will be on a T&M basis. We have also provided a box for each s.tep in this process for your approval. If you accept our proposed services, please check those tasks that you will need. We will work from a purchase order from the City of Winter Springs, if required. Task No. Description Estimated Costs o Task No. 1 Review of Existing Ordinances $2,500 o Task No.2 Progress Review Workshop $500 o Task No.3 Preparation of Proposed Ordinance Amendments $1,500 o Task No.4 First Commission Meeting (Public Hearing/First Reading of Ordinance $1,000 Amendments) o Task No.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000 P:\ADMIN\PROJECTS\99126\PROPOSAL\CARRINGTON\BOA T.DOC BDA ENVIRONMENTi\L CONSULTANTS Mr. Charles Carrington March 19,2002 Page 4 Task No. Description Estimated Costs o Task No.6 Requested Services T&M Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerely yours, Penny E. Cople, B.S. Senior Scientist ~s Director, Proposals and Contracts Accepted by: Charles Carrington City of Winter Springs Ronald W. McLemorer City Manager Date W. Michael Dennis, Ph.D. President Breedlove, Dennis & Associates, Inc. Date PEC/BAB/tdm Enclosure P:\ADMIN\PROJECTS\99I 26\PROPOSAL\CARRINGTON\BOA T.DOC BDA ENVIRONI\IENTAL CONSUlTANTS SCHEDULE OF PROFESSIONAL FEES Effective July 1, 1999 Position/Service Principal Senior Vice President Vice President Director of Ecological Services Senior Scientist Scientist IV Scientist III Scientist II Scientist I Environmental Specialist III Environmental Specialist II Environmental Assistant Technician Senior Geographic Information Systems (GIS) Analyst GIS Analyst III GIS Analyst II GIS Analyst I GIS Specialist GIS Technician Computer Aided Design Specialist Global Positioning System (GPS) Specialist MIS Specialist Word Processor Clerk PC Computer Time (AutoCAD, ArcCAD~ Workstation Computer Time (ERDAS, ARC/INFO~ Remote & Base GPS Each Additional Remote GPS Airplane Boats 12' w/lOhp 18' w/50hp Vehicle CCD Camera System Hourly Rate ($) 185.00 175.00 125.00 105.00 95.00 90.00 85.00 75.00 65.00 65.00 55.00 45.00 30.00 95.00 85.00 75.00 70.00 55.00 45.00 55.00 55.00 55.00 45.00 25.00 25.00 45.00 200.00/day 100.00/day 150.00 (wet) 55.00/day 0.50/mile 100.00/day-1/2 day minimum Terms: Net 30 days. Unpaid balances will be subject to interest at the rate of 1.5% per month or the maximum permissible under state law, whichever is less, starting 30 days from the invoice date. Expert witness at 125% of schedule fees. O:\MA RKETING\FEESCH ED\07-0 1-99-FEE.DOC II1\EEDI.OVE, DENNIS & /\SS( lUAI'I:S, IN(:. ,10 IX( C,\NT()N /\vENUE ! \'iIINTI:I~ 1',\I\f.:, 1'1. \2~",1 I'IIONE 407.(,77.IKK2 ! I;/\X '107.(,';7.700K ENVIRONlvlENTAL CONSULTANTS BDA TERMS AND CONDITIONS 1. Other support provided at the request of the Client or representatives of the Client including, but not limited to, team meetings, agency negotiations, public presentations, mitigation design, permitting assistance, sufficiency responses or additional analyses not mentioned elsewhere in this Proposal will be billed on a time and materials basis according to the attached. rate schedule. All requested services must be approved by the Client before additional support can be initiated. 2. Unless specified elsewhere in the Proposal, the proposed costs constitute Breedlove, Dennis & Associates, Inc. 's (BDA) estimate of the charges required to complete the Project as defined. Final costs for this Project may vary from the estimated costs. For many projects, all activities are often initially not fully definable. As the Project progresses, the facts uncovered may alter the scope of work and consequently the cost of completion. BDA will inform the Client of such situations so that negotiations of change in scope and fees can be accomplished as required. 3. BDA's fees are based on the actual time required by the individuals assigned to the Project task, plus reimbursable expenses. Reimbursable expenses mean the actual expenses incurred directly or indirectly in connection with the Project. Reimbursable expenses include, but are not limited to long r distance telephone calls, computer charges, living and travel out-of-town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the consultant for reimbursable expenses. Individual hourly rates vary according to the degree of responsibility involved and the skill required. BDA will submit our bill for these services monthly. Payment is due upon submission. 4. After January 1, 2003, all hourly and daily rates quoted within this contract may increase by 5%, at the O:\MA R K E1'I NG\F EESCH E0\2002- l' &C .DOC determination of BDA, upon written notice to Client, and may increase by 5% annually thereafter. 5. This Proposal to perform services for this Project shall remain open for acceptance for a period of sixty (60) days from the date thereof, after which time BDA reserves the right to review, revise or withdraw its Proposal. 6. All information furnished by Client to BDA shall be returned to Client upon the conclusion of the Work unless the same shall have been consumed or merged into the Work. BDA may retain copies of any such information furnished to BDA by Client and BDA shall, in all events, retain full possession and ownership of it's field and Project notes and all other documents or data generated, consumed or merged into any reports, opinions, or applications required in connection with the Project and the Work. 7. This Contract may be terminated by either Party for reason or for no reason by giving thirty (30) days written notice to the other Party. Said notice shall be sufficient if it is delivered to the Party personally or mailed by certified mail to the Party's mailing address. Upon any termination under this paragraph, BDA will prepare a final invoice following the date of a final termination notice which date shall be the "Effective Date of Termination." Where the method of payment is based on time and materials, the final invoice will be based on reimbursement for all services and expenses associated with the Project up to the Effective Date of Termination. 8. Neither BDA nor Client shall be liable to the other for any d~mages whatsoever caused by termination of this Contract or failure to perform under this Contract, except for services actually performed and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date of Termination. In no event shall either Party be liable to the other for any other claim of direct, indirect, BI\EU lLOVE, DENNIS & i\SSOClAI'I:S, INC. \ III \\I C,\NT()1'\ ,\vENUE ! \'iIINTEI~ I'''I\K, 1'1. \27K'} I 'IIUNE 407.(,77. I KK2 / !,,\X 407.(,';7. 700K BDA ENVIRON~'IENTc\L CONSULTANTS, special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or another legal theory. 9. The Parties to this Contract agree to make the submission to mediation of any dispute or controversy arising out of this Contract, as set forth herein, an express condition precedent to any legal or equitable action or proceeding of any nature whatsoever. All disputes between the Parties to this Contract arising out of or in connection with this Contract shall be referred for mediation to a mediator who is a member of the Florida Bar in good standing, and who is mutually acceptable to all Parties subject to the dispute. Each Party to all disputes submitted for mediation shall pay an equal share of the costs and fees charged by the mediator. 10. The Client acknowledges that it has secured legal rights to the property upon which the project will be developed. The Client further acknowledges and agrees that the type of services to be performed by BDA are covered under Florida Statutes 713.03 (Liens for professional services) and that the non-payment of fees owed under this Agreement may result in a mechanic's lien or other encumbrances being placed on the property upon which the project is/will be located. II. This Contract shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Parties expressly agree that any mediation proceeding, or r any action at law or suit in equity, shall be instituted and maintained only in the Courts of Orange County, Florida, and each Party waives the right to change of venue. It is agreed by and between the Parties that this agreement was executed in the State of Florida, United States of America. In the event BDA retains legal counsel to enforce any of the provisions of this agreement, the Client agrees to pay all reasonable attorneys fees and any additional attorney fees pursuing collection of this judgement. 12. This agreement, and any specified attachment, or exhibits attached constitute the entire agreement between O:\MARKETING\FEESCH ED\2002- l' &C.DOC BDA and Client and all promises, representations, understandings, and agreements with the respect to the subject matter hereof and inducements to the making of this agreement relied upon by either Party have been expressed herein, and may not be altered, amended, or modified unless in writing executed by the Parties hereto, 13. Neither this agreement nor any interest herein may be assigned by the Client without BDA's prior written consent. No Party shall be liable for delay in the performance hereunder do to causes beyond their control, including, but not limited to, acts of God, fire strikes, acts of war, or the intervention of governmental authority, but any such failure shall be remedied as soon as reasonably possible. 14. Each Party executes this agreement as an independent contractor and nothing herein shall be construed to form a joint venture, partnership, or any similar form of association. 15. In the event of default by Client in the payment of any sum to BDA when due, or in the performance of any of Client's obligations under this agreement, BDA shall have the right to terminate this agreement, until such time as the default may be cured. Client shall reimburse BDA for all costs and expenses to enforce collection of any monies from Client. 2 . I . ATTACHMENT B ! I ! EXISTING BOAT DOCKS & PIERS LAKE JESUP , .,