HomeMy Public PortalAbout2008-09 Coastal Systems International Amendments concerning Marine Turtle Protection OrdinanceRESOLUTION NO. 2008-9
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE FURTHER PROCUREMENT OF ENGINEERING
SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FROM
THE FIRM OF COASTAL SYSTEMS INTERNATIONAL,
INC.; PROVIDING FOR APPROVAL OF WORK
AUTHORIZATION CONCERNING ENGINEERING AND
TECHNICAL ASSISTANCE ON MARINE TURTLE
PROTECTION ORDINANCE, AS AMENDMENT OF
EXISTING CONTRACT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, pursuant to contractual agreement previously entered into between the Village
of Key Biscayne and Coastal Systems International, Inc. (the "Engineer"), the Engineer has
previously been retained by the Village in connection with services needed for the Village of Key
Biscayne Beach Renourishment Projects; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to utilize
the Engineer for the purpose of providing engineering and technical assistance to the Village
concerning the preparation and adoption of a Marine Turtle Protection ordinance, as may be
necessary to facilitate future beach renourishment activities of the Village, in accordance with the
attached Work Authorization and with the Village Manager's memorandum which accompanies this
Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Work Authorized, Specification of Funds.
A. That pursuant to the existing continuing contract between the Engineer and the
Village, the performance of additional engineering and technical services pertaining to the above -
described Marine Turtle Protection ordinance, is hereby authorized, subject to the funding source
and any limitations set forth in the above -referenced Village Manager's memorandum.
B. That the total fees and costs for the services authorized pursuant to the Work
Authorization shall not exceed Twenty Thousand ($20,000) Dollars, in the absence of further
Council authorization.
Section 3. Agreement Approved. That the Village Manager is hereby authorized to
execute the Work Authorization in substantially the form attached hereto, for the engineering work
authorized hereunder between the Village and the Engineer, once approved by the Village Attorney
as to form and legal sufficiency._
Section 4. Implementation. That the Village Manager is hereby authorized to take any
necessary action to implement the purposes of this Resolution and the Work Authorization.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 4th day of March, 2008
MAYOR ROBERT L. VERNON
,adAJ°
CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE AT 3 R
F:\100\ 103001 \Resolutions\ dal Systems -Work on Turtle Ordinance.doc
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VILLAGE OF KEY BISCAYNE
Office of the Village Manager
Village Council
Robert L. Vernon, Mayor
Jorge E. Mendia, Vice Mayor
Michael Davey
Enrique Garcia
Steve Liedman
Thomas Thornton
Patricia Weinman
Village Manager
Genaro "Chip" Iglesias
DATE: February 26, 2008
TO: Honorable Mayor and Members of the Villa. Coun
FROM: Genaro "Chip" Iglesias, Village Manager
RE: Coastal Systems International — Marine Turtle Protection • rdinance
RECOMMENDATION
It is recommended that the Village Council approves the work authorization submitted by
Coastal Systems International for engineering and technical assistance on the marine
turtle protection ordinance.
The total fees and services shall not exceed $20,000.00. Funding will be obtained from
the capital outlay beach renourishment line item.
BACKGROUND
Coastal Systems International has been previously retained by the Village in connection
with services needed for the beach renourishment projects. It would be in the best interest
of the Village to utilize Coastal Systems International for the preparation and adoption of
the ordinance.
On January 15, 2008, the first reading of the marine turtle ordinance took place. The
purpose of this ordinance is to reduce the impacts of artificial lighting on threatened and
endangered sea turtles that nest on our beach. It will enable the Village to regulate and
enforce regulations in order to protect nesting turtles and their off springs.
cc: Randy White, Village Finance Director
David M. Wolpin, Esq., Village Attorney
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
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January 29. 2008
Mr. Armando Nunez
Public Works Director
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne. Florida 33149
135040.01-A
RE: MARINE TURTLE PROTECTION CONSULTING SERVICES FOR THE VILLAGE OF KEN
BISCAI'NE, MIAMI-DADE COI NT 1, FLORIDA
Dear Mr. Nunez:
Coastal Systems International. Inc. (Coastal Systems) is pleased to present this proposal for
consulting services to assist with Village of Key Biscayne (Village) development of a lighting
ordinance for marine turtle protection in accordance with state -approved Comprehensive plan
requirements and Florida Dish and Wildlife Conservation Commission (FMC) guidelines. 1 he
following parts describe the scope of work to he performed by Coastal Systems and present the
terms of agreement between Coastal Systems and the Village: r
PART 30 -- LIGHTING ORDINANCE DEVELOPMENT
Coastal Systems will work with the Village to develop a draft Marine Turtle Protection
Ordinance (Ordinance). based on the FWC Model Lighting Ordinance (Ch 62B-55_ F A.0 ) and
more recent technical direction from r MC staff, other South Florida local lighting ordinances for
marine turtle protection. and the Village's unique needs.
Coastal Systems will review marine turtle nesting data. conduct discussions with FWC staff and
the local marine turtle permit holder. revievv draft Ordinance language, and provide related tasks
to assist in facilitating development of an Ordinance to he submitted to the FWC for comment
and the Village Council for approval.
Coastal Systems will prepare a matrix of important issues with reference to alternative criteria
provided in other approved South Florida local lighting ordinances for use by the Village in
reviewing the draft ordinance. It is our understanding that initial Village -specific areas of
concern include:
• General code enforcement procedures and resources
• Retrofit provisions. including standards and timeframe for implementation of the nevt
standards. relative to existing private and public properties
(_();istal. 1.nvtr(mmental, ( 1:ngtneertng and \lan.yen t ni
135040.01
Mr. Armando Nunei
ianuar'19, 2008
Page 2
These documents will he revie«ed in a meeting ‘Nith the Village attorney and staff.
Coastal Systems will subsequentl\ prepare for and attend a puhlic workshop Ito be scheduled
and advertised by the Village). giving a presentation that will include a general introduction to
the protection provided to marine turtles under the federal and state Endangered Species Acts.
turtle nesting trends in the Village. and the framework for and specific highlights of the draft
Ordinance. Coastal Systems will respond to puhlic questions that are technical in nature and note
comments.
Coastal Systems will coordinate with the Village attorney and staff to update the draft Ordinance
based on puhlic comments and continued dialogue with FWC staff. as appropriate. If necessary,
Coastal Systems will participate in a second puhlic workshop to present the revised draft
Ordinance. Coastal Sy stems will additionally participate in one (1) Village Council meeting for
reading of the proposed Ordinance; this meeting is anticipated to take place on March 4. 2008. It
is expected that the Village attorney will provide background information regarding the Village's
required compliance with the state -approved Comprehensive Plan that references said
Ordinance. and respond to questions regarding legal .jurisdiction and procedure during the above -
referenced meetings.
Additional scope and budget may be required and appiuved by the Village. as appropriate.
Fees for Part 30 services are Hourly. estimated at 520.000.00
GENERAL
This fee proposal is valid for sixty (60) days. These services will be provided as an addendum to
Coastal Systems' agreement dated August 1. 2006. Coastal Systems is not responsible for
circumstances beyond our immediate control. including but not limited to, rule or legal interpretation
changes. Client or agency staff delays. additional public or Village comments. additional
coordination with state agencies. litigation or other legal actions.
We look forward to working with the Village toward implementation of a marine turtle protection
Ordinance. Please return an executed copy of this addendum. which will serve as our Authorization
to Proceed.
Should you halve any questions. please do not hesitate to contact Adrian l.ye,N-Ayec.
Environmental!Permitting Project Manager. at 305-669-9728 or L_� �, , t �,��t�,l �1���tl,int �,'m.
or me at 305-669-8650 or 11 idlikelHilit, o _.i,t‘ti,v � t111,1,1t k__,:t.
('(),i'tal, Envir',utnental, (aril kngtneenn2 :tnti Management
135040.01
Mr. Armando Nunez
January 2) 2008
Page
Sincere
COAs sTE.l1 • J ;T 1 SVtIo\AI., In( .
1 imoth. K. Blankenship.
P.L.
Director
SIGNED: \, J DATE:
VILLAGE OF KEN'
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