96-22217 RESORESOLUTION NO. 96-22217
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, FUNDING
AND DECLARING THE EXISTENCE OF AN EMERGENCY
IN THE AREA OF 30TH STREET TO 35TH STREET,
REQUESTING THE GOVERNOR TO DECLARE A
DISASTER AND QUALIFY THE CITY FOR FEDERAL
DISASTER ASSISTANCE AND AUTHORIZING AND
DIRECTING THE ADMINISTRATION TO NEGOTIATE
WITH THE FEDERAL AND STATE AGENCIES TO TRY TO
OBTAIN DISASTER RELIEF ASSISTANCE.
WHEREAS, the City's Middle Beach area has eroded to the point that all of the dry b~;ac :~
and almost all of the sand dune/flood control dike have been lost; and
WHEREAS, most of the middle beach dune cross-overs have been closed as safety haz ~rC s
and the footings of the boardwalk itself are in immediate jeopardy of being undercut by tb~.~
encroaching tides; and
WHEREAS, if emergency measures are not taken, coastal flooding west of the dune line wi 1
occur in the 30th Street to 35th Street region of middle beach in the near future; and
WHEREAS, in order to prevent the loss of the boardwalk and flooding of the coe sUl
properties, the Administration proposes to immediately implement an emergency sand dune/fl ,~o l
control dike repair project; and
WHEREAS, the City desires to recover its costs associated with the proposed emergent:,
sand dune/flood control dike repairs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND Clr~,'
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that:
1. The Mayor and City Commission find and declare that an emergency exists in the,.
area of 30th Street to 351h Street on the Atlantic Ocean in Miami Beach;
,
that the Governor is hereby memorialized and requested to declare that a dis~:.st~ r
exists and that the City qualifies for Federal Disaster Assistance; and
that the Administration is hereby authorized and directed to negotiate with th .~
Federal and State agencies to try to obtain Disaster Relief Assistance.
PASSED and ADOPTED THIS
ATTEST:
CITY CLERK
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.vlAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ""7
TO:
FROM:
SUBJECT:
Mayor Seymour Gelber and
Members of the City Commission
DATE: November 20, 19!:t6
J.ose Garcia-Pedrosa~A )
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PROCEEDS INTO THE GENERAL FUND SPECIAL PROJEC'TS
ACCOUNT TO PROVIDE INITIAL FUNDING FOR THE CI'rI'Y'S
EMERGENCY SAND DUNE/FLOOD CONTROL DIKE REPAIR EFFCIR'r,
WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING "I'1-.. E
ADMINISTRATION TO NEGOTIATE AND AWARD EMERGENC'Y
PURCHASE ORDERS FOR THE RENTAL OF HEAVY EQUIPMENI',
PURCHASE OF EMERGENCY FILL AND OTHER MATERIALS A~..D
SERVICES NEEDED TO COMPLETE THE EMERGENCY REPAIIRS;
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE .aN
INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUI%i'I"'Y
PROVIDING FOR THE REIMBURSEMENT OF THE CITY'S EXPENSE!S
FROM THE SAFE NEIGHBORHOOD PARKS BOND REVENUES, WHE!!N
THEY BECOME AVAILABLE, UNLESS REIMBURSEMENT IS RECEIVE!!D
FROM ANOTHER AGENCY; AND, AUTHORIZING '1'1-.. E
ADMINISTRATION TO NEGOTIATE WITH THE FEDERAL AND STA'I'E
AGENCIES TO TRY TO OBTAIN DISASTER RELIEF ASSISTANCE.
ADMINISTRATION RECOMMENDATION
Approve the resolutions.
BACKGROUND
Last September, the Federal Magistrate in the Town of Golden Beach et al. v. U.S. Ar_p_n!N
Corps of Engineers (ACOE) case issued a recommendation that the ACOE's Motion f ~r
Summary Judgment be granted and that the injunction that has blocked the dredgin.cl, t:,,e
immediately dissolved. The Judge has not yet issued her ruling in the case, and tt',,e
injunction is still in effect. Efforts between the parties to settle the case out of court ha, 'e
been unsuccessful, and settlement negotiations have ceased.
As it now stands, the ACOE is waiting for the Judge's ruling. As soon as the injunction is
lifted, the ACOE will re-start the process of awarding a contract for the renourishment o"F tl'~e
Middle Beach area. On an expedited basis, however, it will still take five to six months f :~r
the actual renourishment to begin.
AGENDA ITEM ~ (~, t_/
DATE/_~/_~'
As a direct result of the City's efforts, the ACOE has initiated plans to import aragonite s~inds
from the neighboring Caribbean islands to renourish an approximately one-mile section of the
City's North Beach area. However, because of the complex environmental, financial and poll ::ical
issues associated with the Federal Govemment's acquisition of sand from a foreign governr'lent
for importation and placement on our beaches, it will be at least two years before the first
aragonite arrives. Likewise, the ACOE has also initiated an effort to develop upland (inland)
sand sources (quarries) for use in beach renourishment. Another section of North Beach wi I be
utilized for the upland sand "test beach". While utilizing domestic upland sand sources is
somewhat less complex than utilizing foreign sands, it will still be about two years before the
upland sands will be approved for application to our beaches.
Unfortunately, in the three years since Golden Beach filed its lawsuit, our beaches I' ave
continued to erode to well beyond the point at which the "state of emergency" was declare ::1 by
the ACOE in 1993. The interruption of Beach Patrol and Fire/Rescue vehicle access anc the
loss of large sections of the planted dune were the justifications for the Commissi3n's
authorization of the relocation of 7,500 tons of sand from Lummus Park to the Middle Beach area
in June, 1996.
As a result of the continuing erosion processes and more dramatically, last week's strong wilds,
all of the dry beach and almost all of the sand dune/flood control dike have been lost throug 'lout
the Middle Beach segment. In addition, most of the Middle Beach dune cross-overs haw:; I: een
closed as safety hazards, and the footings of the boardwalk itself are in immediate jeoparc: y of
being undercut by the encroaching tides. Further, if emergency measures are not taken, co~i~stal
flooding west of the dune line may occur in the 30th - 35th street region of Middle Beac!', ir the
near future.
In order to prevent the loss of the boardwalk and flooding of the coastal properties, the
Administration proposes to implement immediately an emergency sand dune/flood control ::like
repair project. The project will involve several steps including; 1 ) the recovery of wind-bl .3wn
sand from areas west of the dunes and returning it to the beach. The City has alread':t I:: een
issued the necessary permit for this work from the Florida Department of Environm~!,ntal
Protection (FDEP). Elevated land scrapers, front-end loaders and off-road dump trucks wi I be
rented for the performance of this work. If approved, this work will begin on Thursday, Nover~ber
21, 1996; 2) The acquisition of approximately 25,000 tons of sand from an upland soure,-= t :~ be
used to repair the most badly eroded sections of the Middle Beach dune. The sand wil be
trucked to the City parking lots at 23rd street and Collins Avenue and 46th Street and Cc Ilins
Avenue where it will be transferred to off-road dump trucks, transported over the dur e, and
dumped at the repair locations. The fill will then be worked into place and compacted with f ont-
end loaders and bulldozers. If approved, emergency bids will be solicited from suitable ocal
sand sources immediately. The delivery of sand is anticipated to begin next week. In adc:~ition
to the acquisition of suitable fill, the City will also have to rent several pieces of heavy equip~:r~ent
to facilitate the repairs; 3) ,Concurrent with the emergency repair efforts, the Administratior,~ will
seek to negotiate an interlocal agreement with Metropolitan Dade County providing fothe
reimbursement of the City's expenses from the County's Safe Neighborhood Parks f!~ond
revenues, when they become available, unless the City is reimbursed by another agency; 4) The
Administration will also be negotiating with the Federal and State agencies to try to ol::ltain
disaster relief assistance.
CONCLUSION
The City Commission should approve the four attached resolutions appropriating $250,0~:)0 in
Resort Tax Proceeds into the General Fund Special Projects account to provide initial I'u~'~ding
for the City's emergency sand dune/flood control dike repair effort; waiving the formal bid ::ling
process and authorizing the Administration to negotiate and award the necessary emer-gency
purchase orders; authorizing the Administration to negotiate an interlocal agreement witl'
Metropolitan Dade County providing for the reimbursement of the City's expenses frorr, tl' e
County's Safe Neighborhood Parks Bond revenues, when they become available, unless the
City is reimbursed by another agency; and authorizing the Administration to negotiate witn
the Federal and State agencies to try to obtain disaster relief assistance.
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