HomeMy WebLinkAbout2002 04 22 Regular A Information about Boat Docks
COMMISSION AGEN-DA
ITEM A
Consent
Informadonal
Public H:earing
Regular X
April 12, 2002
Meeting
Mgr.
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I Attor I ~t.
Authorization
REQUEST:
The Community Development Department requests the City Commission receive information 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:
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/April 12,2002/3:04 PM
April 12, 2002
REGULAR AGENDA ITEM A
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).
ATTACHMENTS:
A. Breedlove, Dennis and Associates, Inc. scope of services
B. Discussion outline for workshop on October 16,2000
COMMISSION ACTION:
CDD/ApriI 12,200213:04 PM
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ATTACHMENT A
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BDA
ENVIRONlvIENT..\L CONSUITAN'IS
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.
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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 forn1Ulate 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 Allamonte Springs, Other
contacts may be made as directed by the City of Winter Springs. Upon completion of this data collection
and review, we will fonnulate 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 or~inance amendments will be prepared and submitted to the City of Winter Springs.
o Task No. 4 - First Commission Meetin~ (Public Hearin~/First Reill!i!!g of Ordinance
A mend rrients)
We will: coordinate with the City of Winte~ Springs to present recommended modifications of city
ordinanc~s during the regularly scheduled public meeting with the City Commissioners. BOA will make
a presen~ation and answer questions during t~is hearing, as necessary. Any necessary revisions to the
propose~ ordinance amendments will be mad~, and a final draft will be submitted to the City of Winter
Springs.: . . .
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ENVIIZ(1\.'MINL-\Ll:l1NSULT..\\iTS
Mr. Charles Carrington
March 19, 2002
Page 3
D 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
BOA. Tne 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. I
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
Amendments)
o Task No.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000
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ENVIIZONMENTAL 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
Sincerel~ yours,
B~.S
Director, Proposals and Contracts
Penny E. Cople, B.S.
Senior Scientist
Accepted by:
Charles Carrington
City of Winter Springs
Ronald W. McLemore
City Manager
Date
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W. Michael.Dennis, Ph.D.
President I
Breedlove, Dennis & Associates, Inc.
Date
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PEC/BAB/tdm
Enclosure
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ENVIRONMENTf\L CONSULTANTS
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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, pem1itting 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.
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2. Unless specified elsewhere in the Proposal, the
proposed costs constitute Breedlove, Dennis & Associates,
Inc. 's (BOA) 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. BOA will inform
the Client of such situations so that negotiations of change in
scope and fees can be accomplished as required.
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, 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. BOA 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
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determination of BOA, upon written notice to Client, and
may increase by 5% annually thereafter.
5. This Proposal to perfonn 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 information furnished by Client to BOA shall be
returned to Client upon the conclusion of the Work unless
the same shall have been consumed or merged into the
Work. BOA may. retain copies of any such information
furnished to BOA by Client and BOA 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 rein1b'ursemerifforall"serVicesUana"
expenses associated with the Project up to the Effective Oate
of Termination.
8. Neither BOA nor Client shall be liable to the other for
any damages whatsoever caused by tern1ination of this
Contract or failure to perform under this Contract, except for
services actually performed and costs and commitments
actually incurred by BOA 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,
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ENVIRONMENTAL 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
C;.::::;3tatutes 713.03 (Liens for professio~al services) and that the
".., non-payment of fees owed under thiS Agreement may q~sult
in a mechanic's lien or other encumbrances being place'd on
the property upon which the project is/will be located. :
11. 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, Flo~ida,
and each Party Jaives 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 Amefica.
In the event BD;..! retains legal counsel to enforce any of the
provisions of thi~ agreement, the Client agrees to pay all
reasonable attorneys fees and any additional attorney 'fees
pursuing collection of this judgement. I I
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12. This agreel'lient, and any speci fied attachment, or
exhibits attached constitute the entire agreement between
O:\MA RK ETING\FEESCH ED\2002- T &C.DOC
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BOA and Client and all pron1lSes, representations,
understandings, and agreements with the respect to the
subject matter hereof and inclucements 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 BDA 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 BDA for all
costs and expenses to enforce collection of any monies from
Client.
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ATTACHMENT B
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[;.'iI;IIZ(J.'\J,vttN L'\L CONSULTANT:>
OUTLINE FOR WORKSHOP TO DfSCUSS CITY ORDINANCES RELATED TO WETLANDS,
CONSERVATION AREAS, nITZEATENED OR ENDANGERED SPECfES M'D SPSCIES OF
SPECIAL CONCERN A.NO TUEfR HABITATS, AND BOAT DOCKS
A. Introduction
Overview of Scope of work completed by Breedlove, Dennis & A!;so.;iatcs, lDC.
B. Ordinance Review
1. Overview of existing fcdemI and state regulations relative t.) wetlands, conservJt1on areas
(CAs), Threatened or Endangered (T&E) species and Species of Special Concern (SSe)
and their habitats, and boat docks. .
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a.
b.
c.
d.
Departmenl of tbe Army, Corps ofEugineers (ACOE)
U.S. Fish and Wildlife Service (USFWS)
SL Johns River Water Management District (SJRWMD)
Florida Fislt and Wildlife Conservation Commission (FWC)
2. Overview of City of Wi.nter Springs applicable ordinances.
a.
b.
Comprehensi. ve Plan (1990-20 10)
Cbapter 5 - Arbor Ordinance
Chapter 8 - f.lood Da.nbge Protection
Chapter 20 - Zoning
c.
d,
3. Overview or other representative city/county ordinances.
a. Seminole County Lan~Dcvelopmcnt Code
b. Orange COWlty Code of Ordinances
c. Cicy of Orlando's Growth Management Plan
d. Volusiu COW1ty Code of Ordinances
4.'
Overview of existing natural rC1011rccs within the city ofWi{tter Springs
C. R~commendatiolls
1. Do not duplicate existing Slalc and fedcral rcgulations in I=,lace for wctl&nd~. CAs, T&E
aild sse Met {heir h;\uil<1ts, ;U1d .boat docks.
2. Consideration of additional ordinanc~ dl;vclopmcnt for the City of Wimer SprinGS to
larget special City COllccrns rcluted to unique natural rCSQurces prescn{ witbiu UjC City
that arc nbt ol!Jc[V,'il)c addressed by the federal und ~tatc agencies.
3. Coordination witlt {lie SH\ WMO staff on a regular ba~is regarding pcndir\g refllllt
applic<.tliuflG for project:; IOClted within lhc city of Winter Springs.
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