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HomeMy WebLinkAbout2002 04 02 Regular K Information on Boat Docks \ COMMISSION AGENDA (REVISED) A1..,").-lo~, March..2-S;- 2002 ,__ " Meeting Consent Informational Pu blic Hearing Regular X ITEM K Mg~~ Altor / ~. Au horization REQUEST: The Community Development Department requests the City Commission receive infonnation about boat docks. PURPOSE: The purpose of this agenda item is to provide a status report to the City Commission on an October 16,2000 report prepared by the consulting finn 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. " CONSIDERA TIONS: I. 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. -. CDD/March 27, 2002/9:09 AM ., 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 13,2000, 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). A TT ACHMENTS: A. Breedlove, Dennis and Associates, Inc. scope of services B. Discussion outline for workshop on October 16,2000 COMMISSION ACTION: .. CDDlMarch 27. 2002/9:09 AM ATTACHMENT A \. '" " BDA, Ec.:\'IIZlJ\'.\!IST:\I. C\ 1\':,l', I:\\' h March 19, 2002 File: 99126-20.1 Mr. Charlcs Carrington City of Wintcr Springs 1126 East Statc Road 434 Wintcr Springs, Florida 32708-2799 Phone: 407-327-5970 Fax: 407-327-6695 RE: Proposal to Assist thc City of Wintcr Springs Modi fications and/or Amcndmcnts to Adopted Ordinanccs for Boat Docks Dcar Charles: Pursuant to your rcquest, Breedlove, Dennis & Associates, Inc. (BOA) is providing the following proposal to assist the City of Wintcr Springs with revising or amending adopted ordinanccs and to assist with drafting language for new ordinanccs regarding boat docks within the city limits. Thc gcneral scopc of our services will include a review of currcnt codes rclating to boat docks for both the City of Winter Springs and othcr municipalities and countics in ccntral Florida. Based on that rcvicw, a workshop would be schcduled with City of Wintcr Springs personnel and with city commissioncrs to rcvicw possiblc modifications-to-existing ordinances and potential amendments to these ordinances, A public hearing would also be scheduled arid the suggcsted changes prescnted with public participation and commcnt Drafts of the proposed changes would be provided for final discllssion, modification, and approval. Our services under this contract are not intended to duplicatc permitting rcquiremcnts of other federal, statc, and, local govcrnmcnts, but to maximizc thc City of Wintcr Springs protection for its natural resources not addrcssed elsewhere in govcrnmcnt codcs or permitting regulations. Wc proposc the following workscope for our services. 1':\,\ DM 1 N\I'IZ() J U TSI'ltl I 2(,\"IU 11'( lS/\ I,\e" J( J( I N(;T( IN\liO"TI Joe .. 1\":/11 "I )\'j ,'" :',:',,1,:, \." If 1:\ I" "I'';, ;;.",\'t \'"llI',:.\\"j'.lj '.l.'!'.I!J.:I'.\I~~ II I"" ",I i,', " 1 '. ", ' " ,,' BDA ENVII\ONMENTi\L CONSULTANTS Mr. Charlcs 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 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 Revicw 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 - Prcparation of Proposed Ordinance Amcndmcnts Based on infom1ation 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 Amcnd mcn ts) We will coordinate with the City of Winter Springs to present recommended modifications of city ordinances during the reglllarly sche9_ul~d p~b~i~ mee~ir:t&.wit~ the .citrCof!lm!~sione!s'hBD1\willmak<:. 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. 1':\1\ I JM I NII'ROJ ECTS\'>'} I 2(,\I'I(OI'OS/\ 1.leA I( RI NGTONIIIOAT.1 Joe " \ BDA i:~\'j l'l)~~ 1 I: "'T..\ I. \:\ )~:)I.;U'..\\.TS Mr. Charlcs Carrington March 19,2002 Page 3 o Task No.5 - Sccond Commission Mcctin~ (Final Rcading and Adoption of Ordinance) A final public meeting with thc 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 - Requcstcd Scr"viccs 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. Pcnny E. Caple will attcnd thc workshop and meetings representing BOA. 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 idcntified 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. lfyo'u accept our proposed services, pleasc check those tasks that you will nccd. We will work from a purchase order from the City of Winter Springs, if required. Task No. Description 'Estimated" Costs o Task No. I Review of Existing Ordinances ._. $2,500 _ o Task No.2 Progress Review Workshop $500 o Task No.3 Prcparation of Proposcd Ordinance Amendmcnts . . $.1.,500 ................. ' . o Task NO.4 First Commission Mecting (Public Hearing/f-irst Reading of Ordinance $1,000 Amendmcnts) o Task No.5 Second COlllmission Meeting (Final Reading and Adoption of Ordinance) $[,000 1':1/\ I ll\-1 I N\I'I{(}J LCTSI'!') 1 2i,\l'I{OI'( lS/\ I.ICA 1(1(1 N( ;Tl lNIIIO^T.1 loe ... BOA [NVIIZClNM[NT.\L U.>NSULTi\NTS Mr. Charles Carrington March 19, 2002 Page 4 Task No. , Description Estimated " , . Costs. .. o Task No.6 Requested Services T&M Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A f1111y executed contract will be returned for your files Sincerely yours, Penny E. Caple, B.S. Senior Scientist ~.- Bruce A. b' n, M.S. Director, Proposals and Contracts Accepted by: CharlesCarringlon' "Ronald W~ McLemore" ....:..!JaTc'.. CityofWinter.Springs....:City...Manager. .................. W. Michael Dennis, Ph.D. President Breedlove, Dennis & Associates'; Inc:-'........ Date P EC/13 A l3/tdm Enclosure 1':\/\ I Jjv\1 NII'I\OJ LeTSI'}') I 2(,\I'IWI'OS/\ I.IC/\ IUZ 1 N( iT< IN\IIO/\T.1 JOC ~. '.. BDA ENVIRONMENT.'\L CO~SUI:r..I"TS SCHEDULE OF PROFESSIONAL FEES Effective July 1, 1999 Position/Service Principal Senior Vice President Vice President Director of Ecological Services Senior Scientist Scientist IV Scientist II I Scientist II Scientist I Environmental Specialist III Environmental Specialist II Environmental Assistant Technician Senior Geographic Information Systems (GIS) Analyst GIS Analyst III GIS Analyst II GIS Analyst I GIS Specialist GIS Technician Computer Aided Design Specialist Global Positioning System (GPS) Specialist MIS Specialist Word Processor Clerk PC Computer Time (AutoCAD, ArcCAD~ Workstation Computer Time (ERDAS, ARC/[NFO~ Remote & Base GPS Each Additional Remote GPS Airplane Boats 12' w/IOhp 18' w/50hp V chicle CCD Camera Systcm Hourly Rate ($) 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 OO.OO/day-I /2 day minimum Tcrms: Nct 30 days. Unpaid balanccs will bc subject to interest at the ratc of 1.5% pcr montl~ or'thc maximum pcrmissible under state law, whichever is Icss, starting 30.claysfi'om the. invoice date. Expert witness at 125%. of schedulc fecs. ():IM/\I(I( I'TIN( ;IFIYSClIEI)I07.01.')<)-FI'I'.I)OC .. I WI'.I'.I iI.< 11'1 . I iI.....,.1 " \'" '. 1..1 II"'. I.':' ii,'\X'{ \>:II\~<.\\T'.l': ".:'.I!!\I'\J~:..JI 1,".1 I'J II )":1 I.,',' I':" j .' .', :', r", " '. E'.:VIIZl)N,\IU"T..\L U l'.::-;tLT\\' ,.:; BDA TERMS AND CONDITIONS I. 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. determination of BDA, upon written notice to Client, and may increase by S% 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 BOA reserves the right to review, revise or withdraw its Proposal. 6. All infomlation furnished by Client to BOA shall be returned to Client upon the conclusion of the Work unless 2. Unless specified elsewhere 111 the Proposal, the the same shall have been consumed or merged into the proposed costs constitute Breedlove, Dennis & Associates, Work. BDA may retain copies of any such information Inc.'s (BOA) estimate of the charges required to complete ulmished to BDA by Client and BDA shall, in all events, the Project as defined. Final costs for this Project may vary retain full possession and ownership of it's field and Project from the estimated costs. For mariy projectS, all activities notes and all other docunients or:data'ge~erated~' Con'sumed' . are often initially not uIlly definable. As the Project or merged into any reports, opinions, or applications progresses, the facts uncovered may alter the scope of work required in connection with the Project and the Work. and consequently the cost of completion. BDA will inform _ _ . the Client of such situations so that negotiations of change in 7. This Contract may be terminated by either Party for scope and fees can be accomplished as required. 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 Palty 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.ol} time and materials, the final invoice will be based on reioib'ursemeriffor 'iill'serv-ices"and' "- expenses associated with the Project up to the Effective Date of Termination. ,_ _____.'. . "00 .m.___.Oo _.... __d' 3. BOA'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, b.ut are not limit<;:d to long distance telephone calls, CO[~lputer charges, living and travel out-of-town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the cons!lltant for reim.bursable expenses. Individual hourly ,:atcs' varY ac'cording 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 Ill:lY increase by 5%, at the O:\1\.l/\I(KU'IN( ;\I'I:I'SI.:IIU l\2l)().'.TS:C.I)()(' 8. Neither BDA nor Client shall be liable to the other for any damages whatsoever caused by termination o( this Contract or fai lure .to .perform. under .this.Contracti.cxccpt. for..... -. . services actually performed and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date ofTennination. [n no event shall either Party be liable to the other (or any other claim of direct,.indirect,. 1:1(1:1'.1'1.' l\,/-.. 111':<'.:1',:, '. ,., \,1 '. i 1 . 1....1 .. "1111'<11.':":: 1-" ; ;,\ \\' ( '\.'.1\ \'< .\\'j :<1 '! \','1.'.1 i I; :' \!'; i i " '.. '.1, E\!VIIZO,<HENT.'\L CONSULTe\NTS 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 referrcd 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 sharc 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 covercdunder 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 bc governcd by and intcrprcted 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 ~he P<Jrties that this agreement was exccuted in the Statc of Florida, United States of America. [n the event BDA retains legal counsel to enforce any of the provisions of this agreemcnt, the Client agrees to pay all reasonable attomeys fees and any additional attorney .fees pursuing collection of this judgement. 12. Th is agreement, and any speci lied attaehmcnt, or exhibits attached constitute the cntire agreement between ():\MAI(KI:TIN(;\FI:I:SClII:Il\2002.T.\:LIHH: 13DA and Client and all prollnses, representations, understandings, and agrccl11enls wilh the respect to the subject matter hereof alld inducements to the making of this agreement relied upon by either Party have been expressed herein, and may not be altered, amendecl, or modif~ed unless in writing executed by the Panies 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 govemmental authority, but any such failure shall be remcdied as soon as reasonably possible. 14. Each Party executes this agrecment as an independent contractor and nothing herein shall be construed to form a joint venture, paltnership, or any similar form of association. 15. [n 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 undcr this agreement, BDA shall have the right to terminate this agreemcnt, until such time as the default may be cured. ClicI1l shall reimbursc I3DA for all costs and expenses to cnforce collection of any monics from Clicnt. 2 .. ATTACHMENT B '1 " ... 'j ))0/V~;Vl) ~ L 0: L 0 'O'::ui 0:)/ Illll,:) 111(U,ULUI'E DCNi'I IS [(jj O(J ~ , " J31J /\ : :, "":,\..:, ::,1:,[": ,'\L CUN::iL'LT'\NT:i OU1'LlNE FOR WORKSHOI' TO DISCUSS CfTY ORDINANCES RELATED TO WLTLr\NDS. CONSERVATION AREAS. TIC1ZL\TENED OR ENDANGERED SPECfES AND SI'I:':ClES OF SPECIAL CONCEIZi'{ :\ND Tr.mm. HABITATS, AND BOA1' DOCKS A. Introduction Overview of Scope ofw\.)rk CllnqIi tlccl by Breedlove, Dennis & Asso,:iatcs, IlK B. Ordinance Review 1. Overview of cxisrinf, f"cdcral and state regulations relative t.) wetlands, eonscrvJtion areas (CAs), ThreB.lened or EndHngercd (T&E) species and Species of Speci21 COlleem (SSC) and their habitats, ;~l1d boal docks, ' a. Dcpar1Jncnt of (be Anny, Corps of Enf,rineers (ACOE) b. U.S. fish (tne! Wildlife Service (USFWS) c. SL John, River Walcr Mamgemcnt District (SJRWMD) d. Florida FisiJ ,tnd \Vildlife Con.servation Conun.ission (FWC) 2. Overview of Oly of Winter Springs applicable ordinances. a. Comprehensive Pl;~n (1990-2010) b. ChRpkr 5 - /\rbor Orwnnncc c. Churter S - Flood Dafll3ge Protection d. Cbnplcr 20 - Zoning 3. Overview of ollter representJlivc city/county ordinanccs. a. Seminole COUllty Land Development Code b. OraIlge County Code ofOrdin:lnces c. Cicy OfOr/'"1c!O'S Growtb Management Plan d. Volusin CouIlly Code ofOrdinanccs 4. Overview of existing llilturnl reSOurCes within the city of Winter Springs C. Recommendations 1. Do not duplicate C.\I~liIlg SLlle and federal regulations in [-.lace for \\'cllilncb. CAs, T&E arid SSC nnel [heir k'ui';llS, ;UJd boat docks. 2. Consider;ltiOll of IlclditiolL11 ordinance developmcnt for tIlC City of Winter Sprlll[;S to target special City CO!leei'rl'i rclilted [0 unique nQrural resourCes present \':illtiu lllt: City tl.tat are nOl oll!crwi/;c ;iddrc:;sed by tlte federal and ~ltatc agencies, 3. Coordill:lliol! WIIJ, rll( :-;Jr(WMI) ";tarr on a (C):,uL.l[ lJa~IS (C[;ard II I): jlClldll11: pCfllllt appliclli<ll1l; Iiii' {lIIJjCCI:; IIlc.lted wirllill (he cify of Winler Springs 1':\,\J).\l[)'I\J'rt(}lI:cr~;I')(III('\I''''.1 \(" [111::1 J ,r I' ,',:" ',: I" ..', !. ,'. ,', ".' I~ 1:\ I j-;-:. 1(-,'(,,' ; ~ I'. I ',". I \I: I I \ ! : ;.': : ,; :.,} /II',,'"