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HomeMy WebLinkAbout2002 03 25 Regular K Information on Boat Docks COMMISSION AGENDA ITEM K Consent Informational Public Hearing Regular X March 25, 2002 Meeting ~ Attor I aePI Authorization ....., REQUEST: The Community Development Department requests the City Commission receive information about boat docks. PURPOSE: The purpose ofthis agenda item is to provide a status report to the City Commission on an October 16, 2000 report prepared by the consulting firm of Breedlove, Dennis and Associates, Inc. and to approve a scope of services proposal to do additional work, along with the recommended changes to the code. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11), F.S., which states, "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its 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. 2. Breedlove, Dennis and Associates, Inc. completed its research and summarized its CDD/March 15, 2002/1 :25 PM March 25, 2002 REGULAR AGENDA ITEM K 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. 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 wetlands, conservation areas, threatened or endangered species, species of special concern and their habitats and boat docks. 2. On November 13, 2002, the City Commission considered Regular Agenda Item "B" to decide if the October 16,2000 report prepared by Breedlove, Dennis and Associates, Inc. was acceptable as presented or if additional work was required. 3. The consensus of the City Commission 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. STAFF RECOMMENDATION: Staff requests the City Commission receive 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). ATTACHMENTS: A. Breedlove, Dennis and Associates, Inc. scope of services B. Discussion outline for workshop on October 16, 2000 COMMISSION ACTION: CDDlMarch 19,200212:39 PM ATTACHMENT A "\ BDA ENVIRONI"IENTAL CONSULTANTS 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 govemments, 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 IWI;EIJLOVI:, DENNIS & !\SSOU:\Tt:S, INC, 3;0 \\,1 C!\NTUN !WENUI: I WINTI'IZ 1':\I{l<, 1;1. 1.:7:i'l I'HONE 'I07.(,77.10S,: I FAX .!07.(,,)7.700S \ BOA ENVIRONMENTAL CONSULTf\NTS 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 govemment agencies to obtain model ordinances and local ordinances from which to formulate 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 Workshop, 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. BOA 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\/'ROJECTS\99 I 26\I'ROI'OSAL\CARRINGTON\BOA T.DOC '. BDA ENVII\ONlvlENTt\L CONSUL.Tt\~TS 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 step 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 Amendmen ts) o Task NO.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000 P:\A DM IN\PROJ ECTSl99I 261PROPOSA L ICARRINGTON\BOAT. DOC \ ENVIRONlvlENTAL CONSULTANTS BDA TERMS AND CONDITIONS I. Other support provided at thc request of the Client or representatives of the Client including, but not limited to, team meetings, agency negotiations, public presentations, mitigation design, pemlitting 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 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 I, 2003, all hourly and daily rates quoted within this contract may increase by 5%, at the O:\M A R KETING\F E ESCH ED\2002.T &c. DOC determination of BDA, upon written notice to Client, and may increase by 5% annually thereafter. 5. This Proposal to perfoml 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 fumished by Client to BDA shall be retumed 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'gel1erated~' eOiisuhied 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 reii-i1b'ursen1-eriTf<)r 'ii'I(serVices'-ind ~ 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 damages whatsoever caused by termination of this Contract or failure to perfonn under this Contract, except for services actually perfonned and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date ofTern1ination. In no event shall either Party be liable to the other for any other claim of direct, indirect, 1\I{EEULOVi:, I)i:NNlS & !\SSOU:\Ti:S, INC ; \0 W Ci\NTON AVENUi: l WINT!:IZ l'i\I"'-:, FL \2i,',cl I'IIONE.107.(,77-IKi'2 IIA\'I07.(\57.7lJOK '. ENVIRONMENTAL CONSUI.TANTS BDA 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 BOA 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 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 BOA 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:\M ARK ETI NG\F E Ese H ED\2002- T&C. DOC BOA and Client and all pronllSes, 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 BOA'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 BOA when due, or in the performance of any of Client's obligations under this agreement, BOA shall have the right to terminate this agreement, until such time as the default may be cured. Client shall reimburse BOA for all costs and expenses to enforce collection of any monies from Client. 2 BDA ENVIRONMENTAL 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' wllOhp 18' w/50hp Vehicle CCO 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 I 00.00/day-l/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, st~rting 30..d(iYs, ff()m, th~ invoice date. Expert witness at 125% of schedule fees. O:\MA RKETING\FEESCHED\07-0 1-99-FEE.DOC BREEDLOVE, DENNIS &: !\SSC1C1AIES. INC. llO \V C!\NTON I\VENUE i WINTER l'i\RK, FL l27S9 I'HONI:407-(,77.ISS2 I I'M; .107-(,)7.7000 \ BDA ENVIRONi'vIENTt\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. McLemore City Manager Date W. Michael Dennis, Ph.D. President Breedlove, Dennis & Associates, Inc. Date PEC/BAB/tdm Enclosure 1':\ADMIN\J'ROJECTS\99 I 26\PROI'OSAL\CARRINGTON\130A T,DOC ATTACHMENT B ,yti~' U,:j,. UI) ~ ' 1 ti : 10 '0' ~ () f (j S 'i i' I) U,~ bREEULOVE DENNIS ({Doo~ \ BOA [>iVIl,(;,'J;v1tl'!: .'\L UJN::iULTANT:i OUTLiNE FOR WORKSHOP TO OfSCUSS CITY ORDINANCES RELATED TO WETLANDS, CONSERVATION AREAS, Tf{[lliATENED OR ENDANGERED SPECIES AJ\'l) SPSCIES OF SPECIAL CONCERN AND Tfff;IR HABITATS, AND BOAT DOCKS A. Introduction Overview of Scope of work completed by Breedlove, Dennis & A!\sodatcs, Lac, B. Ordinance Review 1. Overview of existing federal and slate regulations relative t.) wetlands, conscrvJt1on areas (CAs), Thrca(cncd or Endangered (T&E) species and Species of Special Concern (SSe) and their habilals. and boat docks. ' a. Department of tbe Army, Corps ofEui,.meers (ACOE) b. U.S. Fisb llnd Wildlife Service (USFWS) c. St. Johns River Water Management District (SJRWMD) d. Florida Fisl1 and Wildlife Conservation Commission (FWC) 2. Overview of City of Winler Springs applicable ordinances. a. Comprehensive Plan (1990-2010) b. Chapter 5 - ArDor Ordinance c. Chapter 8 - Flood Damage Protection d. Chapter 20 - Zoning 3. Overview or other representative city/county ordinances. a. Seminole COlillty Land Development Code b. Orange County Code of Ordinances c. Ciry ofOrlanc!o's Growth Management Plan d. Volusia COWley Code of Ordinances 4. Overview of existing natuml rCSOllrc~s within the city of Winter Springs f. ;r'~ C. Recommendations 1. Do not duplicate existing state and federal regulations in I=,lace for wetlands. CAs, T &E and sse nnd their habil..<1ls, ,wd boat docks. 2. Consideration of additional ordinance d\:velopmcnt for lhe City of Winter Spring.s to target special City cOllcerns reluted to unique natural resources present withiu the City that arc not olherwise addressed by the federal ond state agencies. 3. Coordination with (he SIR WMD staff on a regular ba~is regarding pcn(l1ng permit applicativlIIj for projects IOC,lled within the city of Winter Springs. 1':,^DMfN\PROIECTS\?'l1 U;\MI:;O(lU 1'1,/11/: r,( Ie 1 \l'.IT 1.'1.\ 1\'; .1 III':;':!:; ,0:... I\S:;~:I~:I/\Tb, IN(: ~ 1;! '): (. :1, :.:'l't ',.. J 1\ '.' f :'.:1 :i. / \VU.J irlt 1'^HK. l'l. \ll~;'J !.!~, I::, 1',1/ (./! ::i:l./ I F:'.:,: '1()},(,"'.{()'J:~