Ordinances - R5 F
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||May 8, 2019|
10:30 a.m. Second Reading Public Hearing
KITEBOARD OPERATOR PERMIT FEE
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE V, ENTITLED "BEACHES," BY
AMENDING DIVISION 2, ENTITLED "RESTRICTED
AREAS," BY AMENDING THE HEADING TO SECTION 82-
468, ENTITLED "WATERCRAFT PROHIBITED IN
RESTRICTED SWIM AREAS AND IN CERTAIN NON-
RESTRICTED SWIM AREAS; PERMITTED LAUNCH,
INGRESS/EGRESS, AND USE AREAS FOR
KITEBOARDS; REQUIREMENTS REGARDING SAFETY
EQUIPMENT AND DISTANCE," TO INCLUDE
REFERENCES TO KITEBOARD OPERATOR PERMITS,
DISTANCE SEPARATIONS, AND KITEBOARD LESSONS
TO BE CONSISTENT WITH THE TEXT THEREIN; AND,
AMENDING APPENDIX "A," ENTITLED "FEE
SCHEDULE," TO INCLUDE A FEE FOR THE KITEBOARD
OPERATOR PERMIT PROVIDED IN SECTION 82-468(C);
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The Administration recommends that the Mayor and City Commission approve the subject Ordinance on Second Reading,with the revised provision that the City-issued permit shall be subject to a $46 fee and shall be valid for a period of ten (10) years.
At its March 7, 2018 meeting, the Mayor and City Commission directed the Administration to develop kiteboarding regulations and an enforcement plan to better regulate the safe practice of the sport on the City’s beaches.
The Administration determined the best policies and procedures for regulating kiteboarding and staff developed amendments to Chapter 82, Article V, Division 2 of the Code. The amendments modified the provisions in Sections 82-466 through 82-470 regarding definitions, prohibited watercraft in restricted swim areas, prohibiting watercraft in certain non-restricted swim areas, exceptions for the launch and use of certain watercraft in permitted areas, providing requirements for kiteboard operator permits, safety equipment, distance separations, providing exceptions regarding restricted and non-restricted swim areas, and amending the provisions for enforcement and penalties, and proof of either IKO, IKA, or PASA level 3 certification for kiteboard operator permits.
On November 11, 2018, pursuant to Ordinance 2018-4222, the City Commission adopted the new kiteboarding regulations. Section 82-468(c) of the adopted regulations sets April 1, 2019 as the deadline for operators to obtain the city-issued permit and city-issued identification streamer and to submit written verification to the City, with its permit application, confirming that the permittee is in full compliance with Section 82-468. This grace period provided the administration with time to develop and implement the permit registration process.
The Administration has determined the potential financial cost to enforce the permit process and other regulations. An ordinance is being brought before the Commission for adoption of the kiteboard operator permit fee in Appendix A (Fee Schedule) of the City Code. In addition, the City Attorney’s Office has recommended a minor housekeeping amendment to the title of Section 82-468. This has no substantive bearing on the regulations and only consists of inserting additional words into the title to reflect the text within the subsection.
Kiteboard Operator Permitting Process
With adoption of new kiteboarding regulations, staff proposed an Energov permitting process that would be managed through the Finance Department. Kiteboarders may apply for kiteboard operator permits online (Citizen Self Service (CSS) portal account required) or in person at the Customer Service Center, located at 1755 Meridian Avenue (Monday through Friday between 9:00 AM and 5:00 PM). The application process requires completion of an application and submission of specific documentation (government photo ID and kiteboarding certification card), affirmative acknowledgement and acceptance by the applicant of the City’s kiteboarding regulations and penalties, and payment of an annual registration fee, which is proposed to be either $46 or $135 annually (as further described below) to cover the cost of processing the application, the cost of the identification streamer, and the cost of enforcement. Upon application approval, the applicant may obtain its annual permit and identification streamer at the Customer Service Center.
Financial Impact of the Permitting and Enforcement Process
The applicable application fee amount is determined based on the estimated costs to the Finance Department for administering the permitting process and to Code Compliance and Police for enforcement. If the expectation is for Code Compliance to be reactive and respond to kiteboard permit-related complaints, it can be absorbed using existing staffing but will cause a reduction in the service level to other areas of the City as it will take an officer out of service during this time period. Under this enforcement structure, using existing Code Compliance staffing, the annual cost to the City for both administration of the permit process and enforcement is $34,750 annually ($33,750 for administration and $1,000 for Police to enforce illegal lessons), and $173,750 over five years. A permit fee of $46 would be required to cover these costs, based on an estimated 750 permits issued annually. The Finance Department currently charges $45 per Business Tax Receipt (BTR) application. A Consumer Price Index (CPI) adjustment would be applied to the permit fee annually.
However, if the expectation is for a Code Compliance Officer (CCO) to actively patrol the beach and monitor potential violations, dedicated staff on ATVs is required during daylight hours. Based on review by staff of local online user forums, ideal kitesurfing conditions exist October – May, typically 3-4 days per week if wind speeds reach 15-20 mph (additional days in summer months may occur but are not consistent). Based upon an estimate of 4 days per week over 35 weeks, active patrol by a CCO would be required 140 days per year. If the beach is patrolled for 10 hours each day, an annual total of 1,400 patrol hours is required. This figure equates roughly to 67% of a full time CCO. Additional staffing and administrative hours would also be required due to the issuance of violations, including case processing and appeals. In order to maintain service levels throughout the remaining areas of the City, a minimum of one additional full time CCO position would be necessary to provide minimal enforcement of the new kiteboarding regulations. The approximate salary cost per CCO (including benefits) is $64,000 per year. The five-year projected cost per COO, with some consideration for annual increase adjustments, is approximately $330,000.
Accordingly, if an additional CCO is hired primarily to enforce kiteboarding regulations, this enhanced enforcement structure would cost the City $98,750 in Year 1 ($33,750 for administration, $1,000 for Police to enforce illegal lessons and $64,000 for a full time CCO), and $503,750 over five years. A permit fee of $135 would be required to cover these costs, based on an estimated 750 permits issued annually. A Consumer Price Index (CPI) adjustment would be applied to the permit fee annually.
City Commission First Reading
At First Reading on April 10, 2019, the City Commission was not in favor of a $135 application fee or the hiring of additional personnel to enforce the new regulations. The Commission directed the Administration to meet with representatives of the kiteboarding community regarding the necessity for the fee. Following adoption on First Reading, the Administration met with Roman Wunderlich, President of Miami Beach Kiteboarders Foundation (MBKF), who offered support of the $46 fee as the permit requirement helps ensure only skilled enthusiasts practice the sport. To lessen the burden on kiteboarders of applying for and obtaining an annual permit, as well as to lessen the overall cost of the permit, the Administration and MBKF mutually support extension of the permit validity from one (1) year to ten (10) years. This serves to relieve the kiteboarders of annual permit renewals and recurring fees. Finally, the effective date of the permit requirement was extended from the prior effective date of April 1, 2019 to October 1, 2019, in order to provide kiteboarders ample time to apply for and obtain permits.
The Administration recommends adoption on Second Reading of the revised Ordinance, which provides for a permit that is valid for ten (10) years and is available for a fee of $46.
It is anticipated the amount of the permit fee will offset costs to the Finance Department for administering the permit process and the costs to the Police Department for enforcement. Code Compliance will utilize existing resources for enforcement of the ordinance. Thus, the anticipated financial impact will be budget neutral.
Commissioner Mark Samuelian