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BIE - Dockage (03/22/2024) (2)M IAM I BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission row. A»r. Hoss. cs verse fill hhlaua s MEETING DATE: April 3, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS," BY AMENDING, ARTICLE Ill, SECTION 66-107, ENTITLED "MAINTENANCE OF PUBLIC PIERS" TO ALLOW EXTENDED DOCKAGE OF DINGHIES AND TENDERS AT THE CITY PIER AT MAURICE GIBB PARK WITH A VALID DINGHY AND TENDER DOCKA GE AGREEMENT W ITH THE CITY; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO DINGHY AND TENDER DOCKA GE AGREEMENTS OF A FORM TO BE APPROVED BY RESOLUTION OF THE CITY COMMISSION; PROVI DI NG FOR REPEALER, SEVERA BILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. Is a Business Impact Estimate Required? El Yes [I No(lfno, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation; □The proposed Ordinance relates to the issuance or refinancing of debt; □The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; D The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; □The proposed Ordinance is an emergency ordinance; □The Ordinance relates to procurement; or □The proposed Ordinance is enacted to implement the following: a. Part II of Ch apter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; B u s in e s s Im p a c t Es tim a te P a g e 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. The Commission Memorandum and Ordinance, if amended on first reading, will be available for public inspection on or before the commission meeting at: https://wyw._miamibeachfl.gov/city-hall/city-clerk/agenda-archiye-main-page-2 2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on private, for-profit businesses in the City of Miami Beach, that the proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible, and that the proposed Ordinance will impact the City of Miami Beach's regulatory costs in the amount of $269,953.77 and will generate an unknown amount of revenue from new charges or fees. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. 14. Additional comments: None. M IA M I BEACH City of Mlaml Beach, 17OO Convention Center Drive. Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Steven Meiner and Members of the City Commission FROM: Ratel A. Paz, oy Atomey {) FIRST READING DATE: March 13, 2024 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDING THE CODE OF THE CITY OF MIAMI BEACH, CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS," BY AMENDING, ARTICLE Ill, SECTION 66-107, EN TITLED "MAINTENANCE OF PUBLIC PIERS" TO ALLOW EXTENDED DOCKAGE OF DINGHIES AND TENDERS AT THE CITY PIER AT MAURICE GIBB PARK WITH A VALID DINGHY AND TENDER DOCKAGE AGREEMENT WITH THE CITY; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO DINGHY AND TENDER DOCKAGE AGREEMENTS OF A FORM TO BE APPROVED BY RESOLUTION OF THE CITY COMMISSION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. At the request of the sponsors, Commissioner Tanya K. Bhatt and Commissioner David Suarez, this proposed ordinance is presented to the Mayor and City Commission for your consideration on first reading. Public piers and other facilities may be maintained by the city for the purpose of loading and unloading passengers, supplies and boating gear and for similar purposes. It is the policy of the city to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking of the facility. City Code Sec. 66-107 ("Maintenance of public piers") currently prohibits docking any vessel at any public pier or other facility for a period of more than 20 minutes. However, persons that utilize a dinghy or tender to travel between a vessel temporarily anchored or otherwise moored in Biscayne Bay and Maurice Gibb Park may need to dock to conduct activities such as grocery shopping, doctors' visits, and engage in other activities. The proposed ordinance amends Sec. 66-107, by adding subsection (b), which provides that the City Administration shall, solely in its proprietary capacity as the operator of the dock at Maurice Gibb Park, create a Dinghy and Tender Dockage Agreement that will allow for extended dockage for small dinghies and tenders issued only to those owners Commission Memo March 13, 2024 Page2 who the City Administration, in its sole discretion, deems qualified, on a form which terms and conditions shall be approved by the City Commission by resolution prior to implementation. A copy of a draft proposed resolution, containing suggested terms and conditions for the new Dinghy and Tender Dackage Agreement that would be presented ta the City Commission if this ordinance is adopted, is attached here for discussion purposes. RA P/RFR/m mm Attachment O R D IN A N C E N O . _ A N O R D IN A N C E O F T H E M A Y O R A N D C ITY C O M M IS S IO N O F T H E C ITY O F M IA M I B E A C H , F L O R ID A , A M E N D IN G T H E C O D E O F T H E C IT Y O F M IAM I B E A C H , C H AP T E R 6 6 , E N T IT L E D "M A R IN E S T R U C T U R E S , F A C IL IT IE S A N D VE S S EL S " B Y A M E N D IN G , A R T IC L E Ill, SECTION 66-107, ENTITLED "MAINTENANCE OF PUBLIC PIERS" TO ALLOW EXTENDED OOCKAGE OF DINGHIES AND TENDERS AT THE CITY PIER AT MAURICE GIBB PARK WITH A VALID DINGHY AND TENDER DOCKAGE AGREEMENT WITH THE CITY; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO DINGHY AND TENDER DOCKAGE AGREEMENTS OF A FORM TO BE APPROVED BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. WHEREAS, public piers and other facilities may be maintained by the city for the purpose of loading and unloading passengers, supplies and boating gear and for similar purposes. It is the policy of the city to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof; and WHEREAS, Sec. 66-107 currently prohibits docking any vessel at any public pier or other facility for a period of more than 20 minutes; WHEREAS, the Mayor and City Commission recognize that persons that utilize a dinghy or tender to travel between a vessel temporarily anchored or otherwise moored in Biscayne Bay and Maurice Gibb Park may need to dock to conduct activities such as grocery shopping, doctors' visits, and engage in other activities; and WHEREAS, the Mayor and City Commission ordain that the City Administration shall, solely in its proprietary capacity as the operator of the dock at Maurice Gibb Park, create a Dinghy and Tender Dockage Agreement that will allow for extended dockage for small dinghies and tenders issued only to those owners who the City Administration, in its sole discretion, deems qualified, on a form which terms and conditions shall be approved by the City Commission prior to implementation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 66.107, of the Code of the City of Miami Beach is/are hereby amended as follows: CHAPTER66 MARINE STRUCTURES, FACILITIES AND VESSELS k k ¥ ARTICLE Ill. - PIERS, DOCKS AND BOAT RA MPS Sec.66-107 - Maintenance of public piers (a) Public piers and other facilities may be maintained by the city for the purpose of loading and unloading passengers, supplies and boating gear and for similar purposes. It is the policy of the city to maintain such facilities in a manner that Will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and avoid extended occupancy, congestion or blocking thereof, the city manager is authorized and directed to post signs limiting the time during which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to 20 minutes. A person shall not dock a vessel at any such facility for a period of time longer than 20 minutes, or permit any public pier or such other supplies or gear to remain for a period of time longer than 20 minutes. (b) Notwithstanding the 20 minute time limitation set forth in subsection (a), a person may dock a dinghy or tender at the city pier at Maurice Gibb Park, which the city owns and operates solely in its proprietary capacity, for a longer period if the dinghy or tender operator enters into a valid Dinghy And Tender Dockage Agreement with the city or registers as a daily user, which terms shall be formulated and drafted by the city manager with the approval of the city commission by resolution. SECTION 2. REP EALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERA BILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may be changed to" section," article," or other appropriate word. 2 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 2024. PASSED AND ADOPTED this d ay of _, 2024. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk Underline denotes additions Strik ethrough denotes deletions (Sponsored by Commissioner Tanya K. Bhatt and Commissioner David Suarez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (Vy city Attomey ggi Data 3 RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO DINGHY AND TENDE R DOCKA GE AGR EEMEN TS FOR EXTENDED DOCKA GE OF DINGHIES AND TENDERS AT THE CITY PIER AT MAURICE GIBB PARK AS THE CITY MANAGER MAY DEEM APPROPRIATE IN HER SOLE DISCRETION W ITH CITY COMMISSION APPROVAL OF THE FINAL FORM AGREEMENT; PROVIDING SUGGESTED TERMS AND CONDITIONS TO BE INCLUDED IN THE DINGHY AND TE NDER DOCKA GE AGREEM ENTS; PROVIDING FOR APPROVAL OF THE FORM AGREEMENT BY RESOLUTION OF THE CITY COMMI SSION PRI OR TO EXECUTION; PROVIDING FOR THE EMPL OYM ENT OF A DOCKM ASTE R AT THE CITY PIER AT MAURICE GIBB PARK, AT AN ESTIMATED COST OF $269,953.77.F OR THE FIRS T YEAR , TO ENFORCE TH E TE RM S OF AGRE EME NTS; AND FURTH ER, WAIVING, BY 5/7 VOTE, THE RE QUIREM ENT IN SECTION 2-14(D)(1)(A) OF THE CITY CODE TO REFER ANY AGENDA ITEMS IN EXCESS OF $75,000 TO FINANCE AND ECONOMIC RESILIENCY COMMITTEE. > ',, ' ·-, .. \ - > . WH EREAS, public piers an d other facilities may be maintained by the city for th e purpose of loading and unloading passen gers, supplies and boating gear and for similar purposes. It is the policy of the city to maintain such facilities in a manner that will permit the greatest public use an d avoid continuous occupancy, congestion or blocking thereof; an d '· ...,_ ·.\ ·-, - ....... _ ', ·. . -~ WH EREAS, Sec:66-107 curren tly proh ibits docking any vessel at any public pier or other facility for a period of.mor e than 20 minutes unless a dinghy/tender op erator enters into an agreem ent with the City<to allow an exten ded.period; and . ••• 1 WH EREAS, the Mayor and City. Commission recognize that person s that utilize a dingh y or tender to travel betw een.a vessel-temp orarily 'anch ored in Biscayne Bay and Maurice Gibb Park may need to-dock to conduct life sustaining activities such as grocery sh opping, doctors' visits, ~nd eating in restaurants; and.. ' ' . WHEREAS, the Mayor and Ci ty Comm ission resolve that the City Administration shall, solely in its proprietary capacity as the oper at or of the City pier at Maurice Gibb Park, create a Dinghy an d Tender Dockage Agreem en t that will allow for exten ded dock age for small dinghies and tenders issued,only to those own ers who the City Administration, in its sole discretion , deem s qualified, on a form which term s and conditions shall be approved by the City Commission prior / i to implem entation; and ' WH EREAS, the Mayor and City Commission suggest that the Dinghy an d Ten der Dockage Agreement proposed by the City Manager incorporate the terms and conditions set forth in Exhibit A to this Resolution and that the final form agreement shall be approved by resolution of the City Commission prior to execution; and WHEREAS, the Mayor and City Commission resolve that the City shall employ a full-time Dockmaster or Dockmasters to work at the City pier at Maurice Gibb Park for a daily schedule of 8 AM. to 8 P.M., at a total estimated cost of $269,953.77 for the first year, which shall be expected to be recouped by the City by dockage and access fees paid by Agreement signatories; and 1 W H E R E A S , the Mayor and City Commission wish to waive by 517th vote, the requirement in Section 2-14(d)(1)(a) of the City Code to refer any agenda items In excess of $75,000 to the Finance and Economic Resfliency Committee. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: The Mayor and the City Commission hereby authorize the City Manager to enter into Dinghy And Tender Dockage Agreements for extended dockage of dinghies and tenders at the City pier at Maurice Gibb Park as the City Manager may deem appropriate in her sole discretion with City Commission approval of the final form agreement; providing suggested terms and conditions to be included in the Dinghy And,Tender Dockage Agreements; providing for approval of the form agreement by resolution of th~ City Com mission .prior to execution; providing for the employment of a dockmaster at the City pier at Maurice Gibb Park, at an estimated cost of $269,953.77 for the first year, to enforce the terr~s of the agreements; and further, waiving, by 5/7th vote, the requirement in section 2-14(d)(1)(a) ~f the City Code to refer any agenda items in excess of $75,000 to the City's Finance And Economic Resiliency Committee. < \ PASSED AND ADOPTED this. day of__. __ ,2024. \ \ .1 i ' ' > , ,\ \'Mayor Steven Mein~r, : { '' ' ' Rafael E. Granado, €iy ~erk 'i\/' ( i ' Y M / 'o' <. \ ,' (Spon sored by Commissioner David Suarez) \ • } ; \ i ' \\ - \ ' '{ / "-.. " , --------------- ~ \ ' i ( / '"' "-,, '"' "--. ~) \ '> '· · \ - \ · "-... "'- \ \ '0 \ \\ }) ! } / ·,__ // '-..._,.,' ATT E S T : 2 E X H IB IT A - S U G G E S T E D D IN G H Y A N D T E N D ER D O C KA G E A G RE E M E N T T E R M S FEES 1. $750 monthly fee for dinghy dockage ($25/day). 2. Maximum two (2) adults and unlimited children are permitted on dinghy/tender. 3. A ll d in gy a ccess w ith o ut a va lid Di ng hy and Tender Dockage Agreement will have a $50 dro p o ff a n d p ick u p fee m oving fo rw ard enfo rced by do ck m a ster. D a ily users w itho ut a va lid Di ng hy a n d T end e r D o ckag e A greem e nt m us t register w ith the do ckm a ster on a form to be appr o ved b y the City and must give at least/24 hours' notice prior to any daily d o ck age . Dinghy m u st be S ta te regi st ere d an d insured. O wn ers of all dingh ies and/or ten d ers associat e d wi th a lar g er vessel an ch or ~d o ffsh o re m ust com ply wi th all M at erial , ' T e rm s belo w in ord e r to utiliz e daily di n gh y do ck ing . Dinghy own er m u st ch eck -in with do ckm a st er fo r ea ch ind ivi d ual d o ck age,~n d ,t hie d o ck m a ster sh al l verif y com p l ian ce wi th th e se term s b efore allo wi ng dai ly d ock~ge : < M A T ER I AL TE RM S • \ 5 i - 1. M a in a sso ci at ed larger vessel anchored offshore m ust rem ain at all times in com pliance - t wi th th e Un ited States Coast Guard-("USCG") environmental and safety stan dards an d Chapter 327, Florida Statutes. Vessels will be subject to insp ection by the Miami Beach M a rin e P atrol . O n ly ve ssel s in go od .op e ration al co ndition, capable of maneuvering under their own p ow er and with v al id regist ra tion ~r documentation will b e aut h oriz e d to enter int o a Di ngh y ~n d T end er D o ckage A gre em e nt Th e det ermi n at ion of wh et h er a vessel is in g o od operational con di ti on'is at th e'sol e di s cret io n ~f t h e M arin e P at r ol. 2 . D isch arg e of sol id or flui d waste, or h um an an d pe t w aste, o verb oard fr om th e main a ssoci ated- larger vessel anchored offshore and/or its di n gh y /t ender is proh ibi t ed . 3. There sh all be abs o lu tely no overb oard dis cha rge of an y sew ag e int o an y are a of th e (Bi scayn e B a y or any oth er w at er w ay. •2 4. P ur p out receip ts'for m a in a ssoci a ted la rger ve ssel withi n last 7 d ays (or pro vi d ed e very ' s • Th ~rsda y) sh al l be pro vid e d to the d o ckm a ster . 5. R e gistra ti on a n d insuran c e for di ngh y/t ende r an d asso cia ted larger vessel , m u st be up to ' ' \ da te an d v erifie d by do ck m a st er. 6. A e st h etics: (no lo ose items on de ck , m ust be well m aint ai n e d) wi th furth er cr iteria to b e di scussed . • / 7. B ott om of di n gh y/t en d er an d associ at ed larg er ve ssel m u st b e cl ean e d of gro wth onc e a m o n th. 8. C o m m ercia l activity of any kind on din gh y/t en d er an d a ssoci ated la rge r ve sse l is pro hib ited . 9. A ssig n m e nt o f A gree m e nt for di n gh y /ten der an d a ssociate d large r vesse l is p roh ibited . 10 . N o w ake fr om d in g h ie s sh a ll b e perm itt ed . 11.N o dogs sh a ll be left un att e nded on any vesse l. 12 . Intentional litt erin g is proh ib ite d . 13 . M ai n a ssoci ated ve sse l wi th d ingh y/t en der m u st re m a in 10 00 ft fro m sh o re w hile an chor e d at all tim e s. 3 14. Vessels must avoid seagrass beds. 15. Illegal activity aboard or using the main associated larger vessel anchored offshore an d/or its dinghy/tender shall result in immediate termination of the Dinghy and Tender Dockage Agreement. 16. If found violating anchoring of dingy/tender in any unlawful location will result in immediate termination of the Dinghy and Tender Dockage Agreem ent and in criminal prosecution. 17. Major repairs and refitting of vessels or associated equipment in Biscayne Bay or any waterway is prohibited. 18. Charcoal, wood, or open flame burners (cooking stoves to be UL approved) on dinghy/tender and associated larger vessel are prohibited; 19. Fueling of on dinghy/tender and associated larger vessel in Biscayne Bay or on any waterway is prohibited. < 20. Disorderly, rowdy, or boisterous conduct and ex~essiv~ noise that disrupts the quiet '° enjoym ent of shore-based residents are proh ibited. ' 21. Dinghy and Tender Dockage Agreement holders must comply with City and County noise · ( 7 ° ordinances. >, 22. Hanging laundry from the vessel in public view is prohibited on 'dinghy/tender and associated larger vessel. . >. > s l 23. Vessel owners and their guests shall familiarize themselves with the publications and warnings available at the dockmaster's office.regarding safe op eration in waters ' frequented by manatees and must abide. by all Federal, State and Local laws and ordinances, rules and regulations'governing.the operation of watercraft in the presence of - '. i > '.. > '} manatees. ' . .- ••. -- •·. ' • •, I / ~ .....__ '- 24. Harassm ent~f Federal or St ate listed.protected species is illegal and will not be tolerated. Lists of these species, s~ch as manatees, dolphins, Am erican crocodile, sea turtles, - : ! \ sm alltooth sawfish, giant manta ray and Nassau grouper will be available at the ' ..' dock~aster's.Office All vessel owners and, guests are prohibited from feeding or leaving f6od for Wildlife, particularly birds or endangered species. 25Vessel owners shall contact the dockmaster's office and USCG National Response Center Spill Hotline (800-424-8802) wh~n an oil/fuel spill is discovered. The use of detergents to break up oil spills is strictly prohibited. 26. Cleaning or washing vessels with detergents containing phosphates, chlorine, or ' < : · petroleum distillates is prohibited. 27. As part of th~ Dinghy,and Tender Dockage Agreement, signatories must grant consent such that in the event of an emergency, the City has the authority to have necessary repairs made to the dinghy/tender and associated larger vessel. Em ergencies include, but are not limited to, tropical storms and hurricanes; breakdown of a bilge, fuel, or sewage pump or any other leak; chafed or broken lines, or any other emergency that may imperil the vessel and possibly lead to sinking, damage to other vessels on the water, or damage to Biscayne Bay. The cost of these repairs, parts, labor or any other appropriate charges, will be billed to the vessel's owner and must be payable within 24 hours of the owner's return or as provided by the City. 4 Rosenwald, Rob From: Sent: To: Cc: Subject: Del Risco, Jose Friday, March 1, 2024 5:15 PM Rosenwald, Rob; Greene, Jason; Casanova, Cynthia; Rebar, John Alpizar, Marla; Walthour, Sonia; Otto Stewart Tameka RE: Dockmaster at Maurice Gibb Park Hi Rob, Per our conversation, below are the rough costs we calculated assuming the current park ranger entry rate. Call me if you have any questions. Jose I Full-time Park Ranger I Salary Salary $ 56,152.30 $ 56,152.30 Benefits Pension (25% of salary for non PD & $ 14,038.08 Fire) Health $ 12,000.00 Medicare (1.45% of $ 814.21 Salary) $ 26,852.28 Operating Expenses Uniforms $ 1,250.00 iPhone $ 250.00 Radio $ 5,000.00 Telephone Service $ 480.00 $ 6,980.00 Impact from three (3) full-time Park Ranger positions $ 168,456.91 $ 80,556.85 $ 20,940.00 Total $ 89,984.59 $ 269,953.77 -- ----- -~--·------·----~----.J. MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1