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
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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.
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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.
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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
,
.,