BIE - BARRY KUTIN BOAT RAMP (11/27/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO :
FRO M :
Mayor Steven Meiner and Members of the City Commission
Enc carpenter,city Manager {_rec.
MEETING DATE:December 11,2024
SUBJECT:BUSINESS IM PACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM I BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH,CHAPTER 66,ENTITLED "MARINE STRUCTURES,FACILITIES AND
VESSELS,"ARTICLE Ill,ENTITLED "PIERS,DOCKS AND BOAT RA MPS,"BY
AM ENDING SECTION 66-107,ENTITLED "USE OF THE BARRY KUTUN BOAT
RA M P AND ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK,"TO
ESTABLI SH A DOCKA GE AGREEMENT PROGRA M AT THE BARRY KUTUN
BOAT RA MP AT MAURICE GIBB PARK;PROVIDING FOR REPEALER,
SEVERA BILI TY,CODIFICATION AND FOR AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Q Yes D No (lf no,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.
D The proposed Ordinance is required for compliance with Federal or State law or
regulation;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D 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;
D The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement;or
D The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land development
regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
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.The
Commission Memorandum and Ordinance are attached hereto.
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 not impact the City of Miami Beach's regulatory
costs and will not generate any revenue from new charges or fees.Except see #4 below.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that an unknown number of businesses are likely to be
impacted by the proposed Ordinance.
4.Additional comments:financial impact is the cost of the dockage agreement,which has yet to
be set.
R 5 A B A N O R DI N A N C E O F TH E MA Y O R A N D C ITY CO M M IS S IO N O F T HE C ITY O F
M IA M I BE A C H ,FLO R ID A ,A M E N D IN G THE C O DE O F THE C ITY O F M IA M I
B E A C H ,C H A P T E R 66 ,EN T IT LE D "M A R IN E ST R U C T UR E S ,FA C ILI T IE S A N D
V E S S E LS ,"A R T IC LE Ill ,EN T IT LE D "P IE R S ,D O C K S A ND BO A T R AM P S,"BY
A M E N D IN G S E C T IO N 66-10 7 ,EN T IT LE D "US E O F THE BA RRY K UT U N B O A T
RA M P A N D A S S O C IA T E D PIE R S /DO C K S A T M A UR IC E G IB B PA R K ,"TO
ESTA B LI S H A D O C K A G E A G R E E M E NT P R O G R A M A T THE BA R RY K U T UN
B OA T RA M P A T M A U R IC E G IB B PA RK ;PR O V ID IN G FO R RE P E A LER ,
S E V E R A B ILI TY ,C O D IF IC A T IO N A N D FO R A N E FF E C T IV E DA TE .
A pplicable A rea:
Ordinances -R5 AB
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
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,"ARTICLE Ill,ENTITLED "PIERS,DOCKS AND BOAT RAMPS,"BY
AMENDING SECTION 66-107,ENTITLED "USE OF THE BARRY KUTUN BOAT
RAMP AND ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK,"TO
ESTABLISH A DOCKAGE AGREEMENT PROGRAM AT THE BARRY KUTUN
BOAT RAMP AT MAURICE GIBB PARK;PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION AND FOR AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
Miami Beach City Code Sec.66-107 currently does not allow dockage of any vessel at the Barry
Kutun Boat Ramp at Maurice Gibb Park.
The proposed ordinance would authorize a dockage agreement program for the Barry Kutun Boat
Ramp at Maurice Gibb Park.
If the proposed ordinance is enacted,the Mayor and City Commission shall,by resolution,
following enactment of this Ordinance,enumerate terms and conditions for the issuance of
dockage agreements to Miami Beach residents for short-term dockage at the Barry Kutun Boat
Ramp at Maurice Gibb Park.
FISCAL IMPACT STATEMENT
The proposed ordinance would have a positive fiscal impact by generating dockage agreement
fees,but would create enforcement expenses associated with it.
Does this Ordinance require a Business Impact Estimate?No
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
1st Rdg,Authorize Dockage Agreements at Barry Kutun Boat Ramp.(Suarez)CA
ORDINANCE NO._
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,"
ARTICLE Ill,ENTITLED "PIERS,DOCKS AND BOAT RAMPS,"
BY AMENDING SECTION 66-107,ENTITLED "USE OF THE
BARRY KUTUN BOAT RAMP AND ASSOCIATED
PIERS/DOCKS AT MAURICE GIBB PARK,"TO ESTABLISH A
DOCKAGE AGREEMENT PROGRAM AT THE BARRY KUTUN
BOAT RAMP AT MAURICE GIBB PARK;PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION AND FOR AN
EFFECTIVE DATE.
WHEREAS,Sec.66-107 currently does not allow dockage of any vessel at the Barry
Kutun Boat Ramp at Maurice Gibb Park;and
WHEREAS,the Mayor and City Commission desire to establish a dockage agreement
program for the Barry Kutun Boat Ramp at Maurice Gibb Park;and
WHEREAS,the Mayor and City Commission shall,by resolution,following enactment of
this Ordinance,enumerate terms and conditions for the issuance of dockage agreements to Miami
Beach residents for short-term dockage at the Barry Kutun Boat Ramp at Maurice Gibb Park.
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:
CHAPTER 66
MARINE STRUCTURES,FACILITIES AND VESSELS
ARTICLE III.-PIERS,DOCKS AND BOAT RAMPS
Sec.66-107 -Use of the Barry Kutun Boat Ramp and all associated piers/docks at Maurice
Gibb Park
The Barry Kutun Boat Ramp shall be used only to launch and retrieve noncommercial
vessels for a period not to exceed twenty minutes for each task,or to dock a
noncommercial vessel with a valid dockage agreement the form of which shall be
approved by resolution of the city commission from time to time,exclusively by residents
of the City of Miami Beach.The floating dock(s)at Maurice Gibb Park shall be used only
for launching and disembarking of noncommercial human-powered recreational vessels
such as paddleboards and kayaks for a period not to exceed twenty minutes for each task.
The use of any portion of the Barry Kutun Boat Ramp,or any portion of the floating dock,
by operators of dinghies,tenders,or any other vessel to dock,stop,stand,or drop off/pick
up passengers is specifically,but without limitation,prohibited,except for duly licensed
water taxis authorized by the City of Miami Beach picking up or dropping off passengers,
and any vessel experiencing an emergency that precludes it from safely traveling to an
alternate permitted dock.Vessels docking,stopping,standing,or dropping off passengers
due to an emergency may remain at the dock for only so long as is necessary for the
Miami Beach Police Department or Miami Beach Fire Rescue to render aid or for the
length of time necessary for the vessel to be towed by a duly licensed vessel towing
service.Any use of the Barry Kutun Boat Ramp or any associated piers/docks in violation
of this section shall be punishable as follows:
1.Fine of $1000 for a first violation and immediate towing of any vessel used in the
violation.
2.Fine of $2000 for a second violation and immediate towing of any vessel used in the
violation.
3.Fine of $5000 for a third or subsequent violation and immediate towing of any vessel
used in the violation.
Alternatively,violations may be enforced pursuant to Section 1-14 of the city code.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
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.
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SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2024.
PASSED AND ADOPTED this day of2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner David Suarez)
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RESOLUTION NO._
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO ENTER
INTO DOCKAGE AGREEMENTS FOR DOCKAGE OF VESSELS AT CITY-
OWNED BARRY KUTUN BOAT RAMP AT MAURICE GIBB PARK AS THE CITY
MANAGER MAY DEEM APPROPRIATE IN HIS SOLE DISCRETION WITH CITY
COMMISSION APPROVAL OF THE FINAL FORM AGREEMENT;PROVIDING
SUGGESTED TERMS AND CONDITIONS TO BE INCLUDED IN THE
DOCKAGE AGREEMENTS;AND PROVIDING FOR APPROVAL OF THE FORM
AGREEMENT BY RESOLUTION OF THE CITY COMMISSION PRIOR TO
EXECUTION.
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 permits only the launch and retrieval of
noncommercial vessels for a period not to exceed twenty minutes for each task at the City-owned
Barry Kutun Boat Ramp,exclusively by residents of the City of Miami Beach;and
WHEREAS,the Mayor and City Commission recognize that residents of the City of Miami
Beach may desire to temporarily dock their small noncommercial pleasure vessel at the City-
owned Barry Kutun Boat Ramp in order to enjoy the shops and restaurants in and around the
Sunset Harbour neighborhood;and
WHEREAS,the Mayor and City Commission resolve that the City Administration shall,
solely in its proprietary capacity as the operator of the City-owned Barry Kutun Boat Ramp,create
a Dockage Agreement that will allow for short-term dockage for small (under 45 feet)
noncommercial please vessels issued only to those City of Miami Beach residents 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;and
WHEREAS,the Mayor and City Commission suggest that the 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.
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
Dockage Agreements for dockage of vessels at the City-owned Barry Kutun Boat Ramp at
Maurice Gibb Park as the City Manager may deem appropriate in his sole discretion with City
Commission approval of the final form agreement;providing suggested terms and conditions to
be included in the Dockage Agreements;and providing for approval of the form agreement by
resolution of the City Commission prior to execution.
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PASSED AND ADOPTED this day of,2024.
ATT EST:
Mayor Steven Meiner
Rafael E.Granado,City Clerk
(Sponsored by Commissioner David Suarez)
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EXHIBIT A-SUGGESTED BARRY KUTUN BOAT RAMP DOCKAGE AGREEMENT TERMS
BASIC TERMS
1.$xxx monthly Dockage Agreement fee.
2.Maximum period of two (2)hours of dockage per day between the hours of 5 AM and 10
PM.
3.Maximum length of vessel:45 feet.
DOCKAGE RULES
1.Vessel owner must provide proof that the vessel is docked overnight each night at a home
located within the City of Miami Beach or at a paid slip at a marina located within the City
of Miami Beach.
2.Vessel owner shall maintain liability insurance on the vessel in an amount of at least one
million dollars ($1,000,000);hull insurance coverage in an amount of at least the
replacement value of the vessel;and a removal coverage rider in an amount sufficient to
pay for the removal and storage of the vessel in the event that it must be removed by the
City of Miami Beach.
3.Vessel must be registered with the State of Florida.
4.Aesthetics:(no loose items on deck,must be well maintained)with further criteria to be
discussed.
5.Bottom of vessel must be free of any growth.
6.Commercial activity of any kind on the vessel is prohibited.
7.Assignment of Dockage Agreement for the vessel is prohibited.
8.No wake from vessel shall be permitted.
9.No dogs shall be left unattended on any vessel.
10.Intentional littering is prohibited.
11.Illegal activity aboard or using the vessel shall result in immediate termination of the
Dockage Agreement.
12.Anchoring of the vessel in any unlawful location will result in immediate termination of the
Dockage Agreement and in civil and/or criminal prosecution.
13.No repairs to the vessel may be made at the Barry Kutun Boat Ramp.
14.Disorderly,rowdy,or boisterous conduct and excessive noise that disrupts the quiet
enjoyment of shore-based residents are prohibited.
15.Dockage Agreement holders must comply with City and County noise ordinances.
16.Hanging laundry from the vessel in public view is prohibited on the vessel.
17.Vessel owners and their guests shall familiarize themselves with the publications and
warnings available from governmental sources regarding safe operation 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
manatees.
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18.Harassment of Federal or State listed protected species is illegal and will not be tolerated.
All vessel owners and guests are prohibited from feeding or leaving food for wildlife,
particularly birds or endangered species.
19.Vessel owners shall contact the dockmaster's office and USCG National Response Center
Spill Hotline (800-424-8802)when an oil/fuel spill is discovered.The use of detergents to
break up oil spills is strictly prohibited.
20.Cleaning or washing vessels with detergents containing phosphates,chlorine,or
petroleum distillates is prohibited at the Barry Kutun Boat Ramp.
21.As part of the 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 vessel.
Emergencies 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.
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