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Home My WebLink About2002 07 22 Regular L Resolution 2002-24 Ad-Hoc Tree Ordinance Citizen Study Committee 072202 Regular L Arbor Ord Committee COMMISSION AGENDA ITEM L Consent Informational Public Hearing Regular X July 22, 2002 Meeting Mgr.~ Dept. , Authorization REQUEST: City Manager requesting the City Commission to review and consider for adoption Resolution 2002-24 establishing the ad-hoc Tree (Arbor) Ordinance Citizen Study Committee. PURPOSE: This agenda item is needed to provide the Commission with a committee and process for reviewing the Arbor Ordinance. CONSIDERA TIONS: On April 8, 2002 the City Commission adopted Ordinance No. 2002-08 revising the city's arbor ordinance for the purpose of making the ordinance more defensible in litigation and more effective in protecting the urban forest in the city. Since adoption of the ordinance there has been concern voiced by certain residents that the ordinance was weakened rather than strengthened, and that the ordinance is not stringent enough upon developers while being overly stringent to residents needing to remove trees. On July 8, 2002 the City Commission approved the City Manager's recommendation to create a Tree (Arbor) Ordinance Study Committee to determine if recommendations can be identified that would improve the ordinance. I am proposing approval of a contract with Environmental Consultant Yvonne 1. Froscher to be the lead consultant for the project. Mrs. Froscher's credentials are attached for your review. Mrs. Froscher is available to begin work immediately. Mrs. Froscher was chosen for two reasons as follows: 1. She has excellent professional credentials for this project. 2. She is a resident of Winter Springs and brings with her the interest of a local citizen in this matter. 072202 Regular L Arbor Ordinance Committee In the role of Lead Consultant, Mrs. Froscher will coordinate with the Project Coordinator, prepare, review, and evaluate all environmental and technical input, and prepare all drafts and final reports other than legal. I am also recommending approval of a contract with the Institute of Government of the University of Central Florida to serve as facilitator for the process. FUNDING: No additional funding request is required for this project. It is anticipated that the process as provided in Resolution 2002-08 can be completed for not more than $5,500. Mrs. Froscher's fee will be $3,216 plus out-of-pocket expenses. University of Central Florida will receive a fee of $1750 plus out-of-pocket expenses. RECOMMENDATION: 1. The Commission review and consider for adoption Resolution # 2002-24 with amendments it might deem appropriate. 2. The Commission authorize the City Manager to enter into a contract with Mrs. Yvonne I. Froscher as the Lead Consultant for the project. 3. The Commission authorize the City Manager to enter into a contract with Central Florida University to provide project coordination and facilitator services. ATTACHMENTS: 1. Resolution No. 2002-24 2. Yvonne I. Froscher Resume COMMISSION ACTION: RESOLUTION 2002-24 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF AN AD HOC TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE, SETTING OUT RESPONSIBILITIES, AND REPORTING REQUIREMENTS THEREOF. WHEREAS, the original Arbor Ordinance of the City was approved by the City Commission on March 27, 1987, and amended on March 22, 1999, WHEREAS, on April 8, 2002 the City Commission of the City of Winter Springs, Florida adopted Ordinance No. 2002-08 repealing the City's old Arbor Ordinance and adopting a new Arbor Ordinance for the purpose of making the ordinance more defensible and more effective in protecting the urban forest of the City, and WHEREAS, there has been an expression of concern among certain members of the public, and that the revised ordinance reduced limitations on developers while increasing limitations on residents, and WHEREAS, the Winter Springs City Commission desires to provide an open, objective, and deliberative process to provide ample opportunity for the public to participate in the Tree (Arbor) Ordinance to determine if improvements can be made thereto. NOW, THEREFORE, be it resolved that the City Commission of the City of Winter Springs establish aD Ad Hoc Tree (Arbor) Ordinance Review Advisory Committee as follows: Section I. Committee: There is hereby established the City of Winter Springs Tree (Arbor) Ordinance Review Advisory "Committee", which shall be an ad-hoc committee composed of seven members, appointed one each by the Mayor and members of the City Commission, and one by the combined vote of the Mayor and Commission. The members shall serve for the duration of the Committee as provided herein, and be responsible for carrying out the responsibilities as defined herein. The Committee shall be made up of persons with an interest or background in environmental sciences, interest or background in urban forest management, persons with interest or background in development in Winter Springs, and persons with experience in law and judicial process. Section II. Committee Responsibilities: The Committee shall have the responsibility for working with the technical resource team and the legal resource team in reviewing the City's existing Arbor Ordinance and providing recommendations to the City Commission for improving the existing ordinance in order to be consistent with established practices of urban forest management and law. Resolution 2002-24 Section III. All meetings of the Committee shall be open to the public as provided by Florida Law. Section IV. Environmental Resource Team: There is hereby established an environmental resource Team which shall be made up of highly competent professional members whose area of expertise and experience include expertise in environmental sciences and/or administration of ordinances the purpose of which is to manage urban forest resources Section V. Legal Resource Team Responsibility: The City Attorney's office shall serve as the Legal Resources Team. The responsibility of the Legal Resource Team shall be to familiarize the Committee with requirements of law and the legal provisions of the current ordinance, to review public input, to assist the Committee in analysis of public input and formulating recommendations to the current ordinance, and preparing recommendations for the Committee's final report to the Commission Section VI. Project Coordinator: the City Commission shall contract with the Institute of Government at the University of Central Florida to coordinate and facilitate the Tree (Arbor) Ordinance process on behalf of the City of Winter Springs. Section VII. Duration of Project: The Tree (Arbor) Ordinance Review Committee shall present its final report and recommendations to the City Commission no later than the first regular meeting of the City Commission in November 2002. Section VIII. Facilitator Meeting Style: The Committee shall employ a facilitator style meeting format led by the Project Coordinator. Section IX. Consensus Decision-Making Style. Decision of the Committee shall be reached by consensus. The goal of the Project Coordinator shall be to facilitate 100% consensus to the fullest extent possible. However, in the event a unanimous consensus cannot be reached the majority consensus shall prevail. Members of the Committee who share views different from those reached by the majority may file written minority position reports on any particular issue. Section X. Legal Exclusivity. Although the Committee is encouraged to question and comment on legal content of the ordinance, final recommendations regarding the legal advisability of the recommendations and the legal content of a revised ordinance shall be exclusively within the purview of the City Attorney. Resolution 2002-24 Section XI. The project shall be organized as follows: Organizational Chart Public Mayor Commission \ Project Liaison City Manager Project Coordinator Marilyn Crotty Technical Resource Legal Resource Legal Resource Team Team Team Yvonne Froscher Citizen Advisory City Attorney Mike Mingea Committee Resolution 2002-24 Section XII. Process: The Ordinance review process shall be as follows: 1. Adoption of Resolution 2. Agreement with CFU 3. Agreement with Yvonne 1. Froscher 4. Appointment of Citizen Committee 5. Session 1 - Orientation 1) Introductions 2) Overview - Resolution 2002-24 3) Schedule Changes 4) Call for Position Papers 5) Public Comment 6. Session 2 - Legal Review a. Project Team Members 1) Overview of Legal Requirements 2) Overview of current Ordinance and Legal Content b. Public Meeting 1) Overview of Legal Review 2) Pubic Input c. Project Team Debriefing 7. Session 3 - Environmental Review a. Project Team Meeting I) Overview of Urban Forest Management 2) Overview of Current Ordinance 3) Strengths of Current Ordinance 4) Weakness of Current Ordinance b. Public Meeting 1) Overview of Current Ordinance 2) Public Input Resolution 2002-24 c. Project Team Debriefing 8. Session 4 - Opportunities for Improvement a. Project Team Meeting 1) Opportunities for Environmental Improvements 2) Opportunities for AdministrativeIProcedural Improvements b. Public Meeting 1) Overview of Opportunities for Improvement 2) Public Input c. Debriefing 9. Session 5 - Recommendations a. Project Team Meeting 1) Discussion of Alternatives for Improvement Draft Reports 2) Consensus on Recommendations b. Public Meeting 1) Overview of Recommendations 2) Public Input c. Debriefing 10. Session 6 - Review Final Draft a. Project Team 1) Discussion of Final Draft 2) Consensus on Final Draft 3) Consensus on Minority reports If Required b. Public Input 1) Overview of Recommendations 2) Overview of Minority report If Required c. Debriefing II. Session 7 - Project Team/Public Meeting a. Presentation of Final Report to Mayor and Commission Resolution 2002-24 b. Pubic Input c. Commission Direction to Staff ADOPTED and approved , 2002 by the City Commission of the City of Winter Springs, Florida, duly assembled in Winter Springs, Seminole County, Florida. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Resolution 2002-24 RESOLUTION 2002-24 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF AN AD HOC TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE, SETTING OUT RESPONSIBILITIES, AND REPORTING REQUIREMENTS THEREOF. WHEREAS, the original Arbor Ordinance of the. City was approved by the City Commission on March 27, 1987, and amended on March 22, 1999, WHEREAS, on April 8, 2002 the City Commission of the City of Winter Springs, Florida adopted Ordinance No. 2002-08 repealing the City's old Arbor Ordinance and adopting a new Arbor Ordinance for the purpose of making the ordinance more defensible and more effective in protecting the urban forest of the City, and WHEREAS, there has been an expression of concern among certain members of the public, and that the revised ordinance reduced limitations on developers while increasing limitations on residents, and WHEREAS, the Winter Springs City Commission desires to provide an open, objective, and deliberative process to provide ample opportunity for the public to participate in the Tree (Arbor) Ordinance to determine if improvements can be made thereto. NOW, THEREFORE, be it resolved that the City Commission of the City of Winter Springs establish an Ad Hoc Tree (Arbor) Ordinance Review Advisory Committee as follows: Section I. Committee: There is hereby established the City of Winter Springs Tree (Arbor) Ordinance Review Advisory "Committee", which shall be an ad-hoc committee composed of seven members, appointed one each by the Mayor and members of the City Commission, and one by the combined vote of the Mayor and Commission. The members shall serve for the duration of the Committee as provided herein, and be responsible for carrying out the responsibilities as defined herein. The Committee shall be made up of persons with an interest or background in envirorunental sciences, interest or background in urban forest management, persons with interest or background in development in Winter Springs, and persons with experience in law and judicial process. Section II. Committee Responsibilities: The Committee shall have the responsibility for working with the technical resource team and the legal resource team in reviewing the City's existing Arbor Ordinance and providing recommendations to the City Commission for improving the existing ordinance in order to be consistent with established practices of urban forest management and law. Section III. All meetings of the Committee shall be open to the public as provided by Florida Law. Section IV. Environmental Resource Team: There is hereby established an environmental resource Team which shall be made up of highly competent professional members whose area of expertise and experience include expertise in environmental sciences and/or administration of ordinances the purpose of which is to manage urban forest resources Section V. Legal Resource Team Responsibility: The City Attorney's office shall serve as the Legal Resources Team. The responsibility of the Legal Resource Team shall be to familiarize the Committee with requirements of law and the legal provisions of the current ordinance, to review public input, to assist the Committee in analysis of public input and formulating recommendations to the current ordinance, and preparing recommendations for the Committee's final report to the Commission Section VI. Project Coordinator: the City Commission shall contract with the Institute of Government at the University of Central Florida to coordinate and facilitate the Tree (Arbor) Ordinance process on behalf of the City of Winter Springs. Section VII. Duration of Project: The Tree (Arbor) Ordinance Review Committee shall present its final report and recommendations to the City Commission no later than the first regular meeting of the City Commission in November 2002. Section VIII. Facilitator Meeting Style: The Committee shall employ a facilitator style meeting format led by the Project Coordinator. Section IX. Consensus Decision-Making Style. Decision of the Committee shall be reached by consensus. The goal of the Project Coordinator shaIl be to facilitate 100% consensus to the fuIlest extent possible. However, in the event a unanimous consensus cannot be reached the majority consensus shall prevail. Members of the Committee who share views different from those reached by the majority may file written minority position reports on any particular issue. Section X. Legal Exclusivity. Although the Committee is encouraged to question and comment on legal content of the ordinance, final recommendations regarding the legal advisability of the recommendations and the legal content of a revised ordinance shall be exclusively within the purview of the City Attorney. Resolution 2002-24 Section XI. The project shall be organized as follows: Organizational Chart Public Mayor Commission H Project Liaison City Manager I Project Coordinator Marilyn Crotty I T T Technical Resource I Legal Resource i Legal Resource Team I Team Team Yvonne Froscher I Citizen Advisory City Attorney Mike Mingea i Committee I , I i J ----------...----. Resolution 2002-24 Section XII. Process: The Ordinance review process shall be as follows: 1. Adoption of Resolution 2. Agreement with CFU 3. Agreement with Yvonne 1. Froscher 4. Appointment of Citizen Committee 5. Session 1 - Orientation 1) Introductions 2) Overview - Resolution 2002-24 3) Schedule Changes 4) Call for Position Papers 5) Public Comment 6. Session 2 - Legal Review a. Project Team Members 1) Overview of Legal Requirements 2) Overview of current Ordinance and Legal Content b. Public Meeting 1) Overview of Legal Review 2) Pubic Input c. Project Team Debriefing 7. Session 3 - Environmental Review a. Project Team Meeting 1) Overview of Urban Forest Management 2) Overview of Current Ordinance 3) Strengths of Current Ordinance 4) Weakness of Current Ordinance b. Public Meeting 1) Overview of Current Ordinance 2) Public Input c. Project Team Debriefing Resolution 2002-24 70 8. Session 4 - Opportunities for Improvement a. Project Team Meeting I) Opportunities for Environmental Improvements 2) Opportunities for Administrative/Procedural Improvements b. Public Meeting I) Overview of Opportunities for Improvement 2) Public Input c. Debriefing 9. Session 5 - Recommendations a. Project Team Meeting I) Discussion of Alternatives for Improvement Draft Reports 2) Consensus on Recommendations b. Public Meeting I) Overview of Recommendations 2) Public Input c. Debriefing 10. Session 6 - Review Final Draft a. Project Team I) Discussion of Final Draft 2) Consensus on Final Draft 3) Consensus on Minority reports If Required b. Public Input 1) Overview of Recommendations 2) Overview of Minority report If Required c. Debriefing 11. Session 7 - Project Team/Public Meeting a. Presentation of Final Report to Mayor and Commission b. Pubic Input c. Commission Direction to Staff Resplution 2002-24 :L ADOPTED and approved July 22 ,2002 by the City Commission of the City of Winter Springs, Florida, duly assembled in Winter Springs, Seminole County, Florida. ATTEST: lL_ aces, City Clerk Resolution 2002-24 ./' , :i. qJllOflVle 9~ g~o~che~ Environmental Consultant LETTER OF TRANSMITTAL RE: City of Winter Springs Arbor Ordinance Review and Recommendations DATE: May 29, 2002 TO: City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Attention: Michael Mingea, City Arborist ITEMS TRANSMITTED: I 2 originals I Proposals dated May 29,2002, for review of the City's Arbor Ordinance. I ITEMS ARE TRANSMITTED as checked below: m For approval D For your use [29 As requested o For review D Returned for corrections D COMMENTS: Please do not hesitate to call with any questions. COPY(S) TO: File FROM: ~c---??~~ /' yifyif 002\word\corresp\winterspgs\treeord\020529p.doc/hard copy via hand delivery Po. BOX 795305. WINTER SPRINGS, FLORIDA 32779-5305. (407) 327-2020. FAX (407) 327-7778 "' 1- qJ lJOVlVle 9. CC1'hOgCheh Environmental Consultant PROPOSAL/CONTRACT FOR SERVICES RE: City of Winter Springs Arbor Ordinance Review and Recommendations DA TE: May 29, 2002 TO: City of Winter Springs 1126 East S.R, 434 Winter Springs, FL 32708 Attention: Michael Mingea, City Forester This proposal/contract for environmental consulting services has been submitted upon a telephone request. Following is a scope of work and agreement for assisting the City of Winter Springs assess its Arbor Ordinance (Ordinance 2002-08) from an environmental perspective. Assessment will occur in conjunction with consideration of comments from the public and an ad hoc committee. Scope of Services TASK I -- Review Ordinance No, 2002-08 (including appendices), as adopted by the City of Winter Springs (referred to as the City throughout the remainder of this document). Review written public comments received by the City and provided to Yvonne I. Froscher. TASK II -- Meet with City attorney to understand their approach to developing the ordinance. TASK III -- Provide a public forum at two different times to aid in summarizing 1) specific public concerns about the present ordinance and 2) specific public solutions to resolve concerns about the present ordinance. TASK IV -- Meet with the City Commission's ad hoc Committee four times. I) The first meeting shall identify the Committee's response to the adopted ordinance, 2) Following the first meeting with staff, the second meeting shall be a presentation of Yvonne I. Froscher's potential recommendations (formulated after consideration of public and Committee input) to the Committee and the result will be a summarization of the Committee's initial comments related to those recommendations, Possible recommendations will be provided in a "handout" fonnat. 3) The purpose of the third meeting will be to receive final Committee comments and suggestions related to the recommendations. 4) The last meeting will be to present Yvonne 1. Froscher's final recommendations. Final recommendations will be provided in a "handout" format. TASK V -- Meet with the City Staff twice. I) Following the first meeting with the ad hoc Committee, the two public meetings, and the City Attorney meeting, Yvonne I. Froscher will meet with City staff to discuss whether recommendations to amend the ordinance are necessary to I) meet citizens' valid concerns or 2) make the ordinance more correct. Possible recommendations, if necessary to accomplish the goals, will be fOI1l1Ulated and will be presented informally to staff for consideration and counsel. Possible recommendations will be provided in a "handout" format. Po. BOX 195305. VVlNTER SPRINGS, FLORIDA 32719-5305. (407) 327-2020. FAX (407) 327-1718 \: . 1- 2) The second meeting will follow the third meeting with the ad hoc Committee and will be a final opportunity for staff to provide comments to final proposed recommendations. Final proposed recommendations will be provided in a "handout" format. TASK VI -- Provide final written recommendation(s) to the Winter Springs City Commission. The Client shall provide: An electronic file (preferably in Word 6.0 or Word 2000 format) of the adopted ordinance with Appendices. Agreement AN AGREEMENT between Yvonne I. Froscher, environmental consultant, and Client As consultant, Yvonne L Froscher hereby agrees to provide the consulting services summarized in the Scope of Services and selected by the Client below. The professional fees for TASKS I through VI shall be invoiced at $67.00 per hour and shall not exceed $3,216.00 without approval of the Client. In addition to payments provided for the basic and additional fee services rendered, the Client shall pay Yvonne I. Froscher actual costs for all reimbursable expenses, including but not limited to graphics supplies, blue prints and reprographics, maps, messenger service, copies, field sup'plies, long distance telephone calls, highway tolls, and postage. Any travel expenses outside a sixty-mile radius of Yvonne Froscher's office shall include food, transportation, and lodging and shall be invoiced at direct cost. Facsimiles shall be billed at $.20/page, if sent from Yvonne I. Froscher's office. Facsimiles sent or received outside Yvonne I. Froscher's office shall be billed at actual cost. In-office copies and printed report pages shall be billed at $0,1 O/page. Mileage shall be billed at $0.32 per mile, Expenses as outlined in the previous paragraph shall not exceed $150.00. Any required land surveying, engineering coordination, hydrologic studies, and/or application fees shall be paid by the Client. Invoices for work perfonned and for reimbursable expenses shall be submitted by Yvonne L Froscher approximately monthly. Client is responsible for making payments to Yvonne I. Froscher in accordance with this Agreement. Payment is due within 30 days from date of invoice. The Client shall notify Yvonne I. Froscher within five (5) days of any disputed charges, so that both parties can promptly resolve the disputed portion of the charges. The Client agrees to promptly pay the resolved amount of the disputed portion. Client shall be considered in default of the Agreement if Yvonne I. Froscher does not receive payment in full for invoiced services within 30 days of invoice date. Upon default, Yvonne I. Froscher shall suspend or terminate services under this Agreement, without incurring liability for suspension of termination, until full payment has been received for all amounts due for services and expenses to include compensation for work in progress. Unpaid balances will be subject to interest at the rate of 1.5 percent per month starting 30 days from the date of invoice. Client and Yvonne I. Froscher may enter into specific contracts in addition to this Agreement for specific aspects of any future project(s) without voiding this Agreement. 2 :\ , 3 All services to be provided as stated herein represent Yvonne I. Froscher's best judgment as an experienced qualified Environmental Consultant. However, Yvonne I. Froscher cannot and does not guarantee that agreements, bids, pernlits, approvals or other requests will be granted or accepted by governmental or other reviewing organizations, It is understood and agreed by Client that procurement of any of the above-named requests is not a condition for compensation to Yvonne I. Froscher. Yvonne I. Froscher shall be liable, in either contract or tort, only to the extent of the agreed upon fee for the services rendered by Yvonne 1. Froscher pursuant to the terms of the Agreement and only to the proportional extent of work on the project. Upon default by the Client, it may become necessary for Yvonne I. Froscher to collect fees and expenses due. Client agrees to pay reasonable attorney fees for collections, trial and appeal, including cost and interest. It is the intention of this Agreement that the services proposed herein be performed at the pleasure of the Client. These services shall be considered terminated upon Yvonne I. Froscher's receipt of written termination notice from Client. In the event of termination, Client shall reimburse Yvonne I. Froscher for all out-of-pocket expenses and work performed to the date ofternlination as determined by Yvonne I. Froscher. If not executed by Client and received by Yvonne 1. Froscher within thirty (30) days, this Agreement may be revised, withdrawn, or modified by Yvonne I. Froscher. Acceptance of Agreement: If this contract meets with your approval, please sign in the appropriate spaces below and fill in the required address. Return an executed copy to Yvonne 1. Froscher for her file. ~ 5- 29-c::J Z Date onne I. Froscher, Environmental Consultant Taxpayer Identification Number: 392-50-9387 As CLIENT, I hereby agree to the above contract and clauses: ~~~~ Authorized Signature )-;. S-., 01- Date Ronald W. McLemore, City Manager Name and Title (printed clearly or typed) THANK YOU FOR THE OPPORTUNITY TO SUBMIT A PROPOSAL FOR ASSESSMENT OF THE CITY'S ARBOR ORDINANCE, yif:yif 002\word\corresp\winterspgs\treeord\020529p.doc/hard copy via hand delivery