Item Coversheet

NEW BUSINESS  6.

COMMITTEE MEMORANDUM

TO: Finance and Economic Resiliency Committee Members


FROM:
Rickelle Williams, Interim City Manager


DATE: May 24, 2024


SUBJECT:

DISCUSSION REGARDING ANY POTENTIAL FISCAL IMPACT OF ESTABLISHING, IMPLEMENTING, AND ENFORCING THE PROPOSED ANCHORING LIMITATION AREAS TO INCLUDE ANY APPLICATION AND/OR PERMIT FEES; THE COST OF PERMITTING, INSTALLING, AND MAINTAINING THE REQUISITE SIGNS AND BUOYS; AND ANY PERSONNEL OR OTHER COSTS OF ENFORCEMENT


HISTORY:

At the March 13, 2024 City Commission meeting, Resolution No. 2024-32963 was adopted (Attachment 1), requesting Miami-Dade County to designate anchoring limitation areas (or ALAs) in Miami Beach. This item included a referral to the Finance and Economic Resiliency Committee (FERC) to discuss the potential fiscal impacts of establishing, implementing, and enforcing the proposed ALAs, including application and/or permit fees. Letter to Commission (LTC) No. 101-2024—Legislative Wrap Up 2024 (Attachment 2)—included information regarding key bills and appropriations that would impact Miami Beach. Among these, is Senate Bill (SB) 192/HB437 which revises ALAs in Biscayne Bay and updates proof requirements for vessels in these areas.

 

SB 192/HB437 designates specific sections of Biscayne Bay in Miami-Dade County as ALAs. It also requires vessel owners or operators in ALAs to provide proof of the vessel’s location being at least one (1) nautical mile away within 45 days before an inquiry, using documentation or electronic evidence permanently affixed to the vessel. Additionally, this allows law enforcement to issue a citation if a vessel owner or operator fails to provide the required proof.

ANALYSIS:

Miami-Dade County was given authority by the State of Florida to establish Anchoring Limitation Areas within its jurisdiction with limits such as size. ALAs can be up to a maximum of 10% of the navigable waterways and ALAs cannot be greater than 100 acres in size. Properly permitted waterway markers (signs) and buoys are also required. The Miami-Dade County Board of County Commissioners (BCC) directed an ALA study and accepted County staff’s report and recommendations at the December 12, 2024 BCC meeting to move forward with proposed pilot project ALAs at Pelican Harbor and 79th Street. For the purposes of Miami Beach, the County will need to approve ALA requests and transmit them to the Florida Fish and Wildlife Conservation Commission on behalf of municipalities.

 

Waterway Markers Estimate

 

Resolution No. 2023-32646 established that to commence operations of the City’s proposed Mooring Field, the establishment of ALAs for the residential islands including Sunset Islands I through IV, Star Island, Palm Island, and Hibiscus Island is required. As part of the FY 2025 budget process following Resolution No. 2023-32646, staff proposed to update the project description for previously existing Capital Project #65422 Waterway Markers & Signs to include ALA proposals.

 

Approximately ten signs can be expected around Palm and Hibiscus Islands, six (6) around Star Island, and four (4) along the western side of the Sunset Islands, but will be dependent on design and permitting and regulatory agency feedback. As part of the FY 2025 Capital Budget process, staff has requested to add $300,000 for design and permitting of the additional markers, plus $700,000 for construction to the project pursuant to the 2023 Resolution. This estimate is based on recent estimates for waterway sign construction via the Job Order Contracting (JOC) process for $31,000 per sign which would total $620,000 plus contingency for 20 new markers.

 

Resolution No. 2024-32963 defined additional areas for design, permitting, and construction of 24 waterway markers if accepted by the County:  

 

·         Along N Bay Road between Sunset Islands and Julia Tuttle Causeway (four signs)

·         Surprise Lake (two signs)

·         West of La Gorce Golf Club (two signs)

·         North of La Gorce Island/surrounding Allison Island (six signs)

·         North of Normandy (four signs)

·         North of Biscayne Point/surrounding Stillwater (six signs)

 

For the additional 24 signs, $200,000 for design and permitting plus $818,400 for construction (includes a 10% contingency) is reasonably estimated to implement this project.

 

If the ALA markers for the 2023 and 2024 Resolutions were to be combined, the cost is estimated at $500,000 for design and permitting plus $1,518,400 for construction. The total estimated cost for the design, permitting and construction for all ALA waterway markers pursuant to the City Commission directed resolutions is $2,018,400. Please note the actual number of markers, estimated at 44, will depend on contractor recommendations and regulatory authority feedback.

 

Enforcement Estimate

 

If approved by the County and design, permitting, and construction are completed, enforcement of ALAs would be necessary. The Police Department would require a minimum of one (1) full-time officer to be devoted to the enforcement and maintenance.  Ideally, however, two (2) officers would be the best option.  The cost per officer would come to $158,110 per year initially based on the following breakdown:

 

Position

Quantity

Catergory

Total

Amount

Officer

1

Salary

$88,359

Ammunition and other Police Supplies

$2,500

Laptop

$5,000

Motorola Hand Held Radios

$5,500

Sig Sauer Firearms

$751

BWC w/ License

$2,000

Base Standard Equipment, Training, and Fuel

$54,000

Total

$158,110

CONCLUSION:

This information is being provided to the Committee for discussion and recommendation regarding the financial impact of Anchoring Limitation Areas for consideration in the annual capital budget process. 

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Environment & Infrastructure - Work regionally and nationally to protect Biscayne Bay water quality and to maintain a healthy dune and beach system.
ATTACHMENTS:
DescriptionType
Attachment 1 Memo
Attachment 2Other