Loading...
HomeMy WebLinkAboutItem #51 - Discussion Item:M CITY OF t,flAMI. FLORIDA 41 27 i INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE t, �! �, FILE of the City Commission SUBJECT DISCUSSION ITEM ON HURRICANE MOORING SYSTEM AT MARINE FROM REFERENCES STADIUM Cesar H. Odio City Manager ENCLOSURES At the January 23, 1992 Commission meeting, representatives from the Hurricane Mooring Systems appeared before the Commission and the City Commission adopted Resolution No. 92-44 directing the administration to prepare a Request for Proposals for the development and implementation of a system to safeguard boats moored at the Marine Stadium during hurricanes (see attached resolution). Since that time, the administration has reviewed the plans and met with representatives of the Hurricane Mooring System and as a result of these meetings, staff initiated the attached memorandum. Based on the information contained in the attached memorandum, it is important that this item be brought back before the City Commission for discussion and recommendation prior to any further action being taken. Attachments �)tCCA,,ySsc04 92- 413•1 2/20/92 1 SOLUTION NO. 9-94 A RESOLUTION DIRECTING THE CITY ADMINISTRATION TO PREPARE A REQUEST FOR PROPOSALS ("RFP") SOLICITING PROPOSALS FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SYSTEM TO SAFEGUARD BOATS MOORED AT THE MARINE STADIUM DURING HURRICANES; FURTHER DIRECTING THE CITY MANAGER TO BRING SAID RFP BACK TO THE CITY COMMISSION FOR APPROVAL PRIOR TO ITS ISSUANCE. WHEREAS, boats moored at the Marina Stadium during hurricanes have sustained substantial damage; and WHEREAS, it is in the best interest of the boating community to develop and implement a system to minimize, if not eliminate the damage to boats; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Administration is hereby directed to prepare a Request for Proposals ("RFP") soliciting proposals for the development and implementation of a system to safeguard boats moored at the Marine Stadium during hurricanes. .nor�c�.00rvaWSION ALL MEL L LLy G OF JAN 23 1992 I Wi n, �12- 441 92- 413•►3 Section 3. The City Manager is hereby further directed to bring said Request for Proposals back to the City Commission for approval prior to its issuance. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of ATTE • MAT Y HTRAI City Clerk PREPARED AND APPROVED BY: 2�4- LINDA KELLY EAR Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: X. NN qOES, III City Att ey LKK/pb/M2818 VIER L , 1992. Z, MAYOR -2- 92- 44 �� 92- 413•1 Mayor. Suarez: Well, we're really beating this one up. 5. DISCUSSION WITH REPRESENTATIVES OF HURRICANE MOORING SYSTEMS CONCERNING PROPOSED PLAN TO SERVE AS A SAFE HAVEN FOR BOATS DURING A HURRICANE SITUATION -- DIRECT ADMINISTRATION TO DRAFT A'REQUEST FOR PROPOSAL (RFP) BASED ON OUTLINED GUIDELINES AND TO EXPLORE POSSIBILITY OF MAKING THE MARINE STADIUM AVAILABLE. Commissioner De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Commissioner De Yurre: My turn now. Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: I just have one emergency item which 1 think is important to all of us. We have here representatives of the Hurricane Mooring Systems and, as you know, we're trying to find some safe haven for boats during hurricane situations. They needed to come before us. They're somewhere around here, if they could just step up a minute and make a quick presentation. Mr. Roger Snider: Good. Out of respect for your time, thank you very much for asking me, Commissioners, Mr. Mayor. My name is Roger Snider. You know me in other capacities, I'm sure. Certainly one of those is a active participant in the marine community's efforts at enhancing its value to the community. What we have here is a question of protecting that asset. I was here one day when Mr. Plummer remarked to a renter out here in the marina that indeed the City of Miami values that new marina, and as you well know the existing contract forces these boats out into a never, never land where they cannot legally do anything to protect themselves, and all the other things that they do, wouldn't work anyway. We have, after three years of working at workshops including the City of Miami Waterfront Advisory Board, the Dade County Biscayne Bay Management Committee, Marine Council, the Audubon Society, etcetera, we have worked with concerned environmental groups to try to come up with a composite idea that represents the distillation of everything we know about hurricanes and what we ought to do about it to protect these boats. I was fortunate enough to have visited down in Tortola, the British Virgin Islands, shortly after the Hugo massacre there of St. Croix, and the destruction of the boats and the homes, it was massive, with the exception of one place. In Paraquita Lagoon, where one hundred sailboats rafted up in a system much more primitive than the one that we have devised, literally enabled all one hundred of those boats to survive without a scratch. They are so happy with that, they're expanding the system. We have been working back and forth, my company, with the Virgin Islands to refine this. I have given. you a brochure. To anybody that's interested, we have more of these. What we would like to ask the City to do in response to our self -education is to further raise our hopes that we can put this in a place. We last tried it, and had to defer on the zoning hearing because of unfulfilled State 25 Jttnuary 23, 1992 92- 413•1-S requirements up in Maul lake. One of the problems we're going to have with Maullake is that the neighborhood thinks that somehow that's an imposition on its back yard. Rather than argue the merits of that, what they said to us was, why don't you guys put it in the Marine Stadium? And I said, well those are my very original thoughts. I think that 1f we go back to that, what I would like to ask you to do is to have the City Attorney or whoever contemplate this as a business proposition, see what parameters we would have to operate under, see whether a request for proposal or anything would even be necessary, whatever requirements you have. What I would like to suggest that you do is that you encourage staff to work along with us on the prospects. In terms of revenues, there would probably be one hundred to maybe as much as a hundred and thirty thousand dollars every year once this thing is in place and built into the bottom of the Marine Stadium. It would 1n no way impede the progress that we make there with all of our boat races, and the other uses of the stadium, and it's a found bit of money. I guess that's it. I know I haven't covered everything. I wish there were more people who more eloquently could say all this than I, but... Commissioner De Yurre: Let me interject here. Mr. Mayor, I think what we're looking for is to instruct the Administration to analyze whether we have to go through an RFP (request for proposals) process, or whatever the legal ramifications are, but to see if we can make available the Marine Stadium. It doesn't impact at all on the use of the Stadium once... if you know what the system is all about... Mr. Odio: I looked at the system and the system is very good. I was told that we have to go out on an RFP... Commissioner De Yurre: OK. Well,... Mr. Odio: ... and that people will have to bid on it and whoever, you know,... Commissioner De Yurre: OK. Then, you know, I would instruct and make a motion at this time directing the Administration to prepare an RFP based on the guidelines that we have here... Mr. Odio: OK. Commissioner De Yurre: ... so we can proceed with this. It's something that's necessary for the boating community, and I think that it's something that is very worthwhile. Mr. Odio: Yes, sir. Mr. Snider: Is that it? Commissioner De Yurre: Yes, all I said was... hold, hold. Mr. Snider: Thank you very much for your kindness. Commissioner De Yurre: Hold on a second. Are you going to second, Miller? Commissioner Dawkins: Ygah. Second. 26 6 January 23, 1992 92- 413.1 g Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Connissioner De Yurre, who moved its adoption: RESOLUTION NO. 92-44 A RESOLUTION DIRECTING THE CITY ADMINISTRATION TO PREPARE A REQUEST FOR PROPOSALS ("RFP") SOLICITING PROPOSALS FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SYSTEM TO SAFEGUARD BOATS MOORED AT THE MARINE STADIUM DURING HURRICANES; FURTHER DIRECTING THE CITY MANAGER TO BRING SAID RFP BACK TO THE CITY COMMISSION FOR APPROVAL PRIOR TO ITS ISSUANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Conmissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: That RFP will come back to us for approval, won't it? Mr. Odio: Yes. Yes. ------------------------------------------------------ 6. CONFIRM TWO ELECTED EMPLOYEE MEMBERS TO SERVE ON THE CIVIL SERVICE BOARD. (Elected were: Steve Smigelski and Orlando Llamas). ------------------------------------------------------------------------------ Commissioner Plummer: You want another pocket item? Vice Mayor Alonso: Yes. I have one. Commissioner Plummer: Go ahead. Go ahead. Mayor Suarez: Vice Mayor. 27 January 23, 1992 92- 413.1 l ("fly Of lalhl.11. Flr 1tit1r• Cesar 11. Odio ring May 5, 1992 City Manager :;iHrN� r Herbert J. Ba4ile irn.r.r ncrrrnri r Assistant Cit ov6f u,r:r nrrnn !, Distribution: Terry Buicer nventions Victor Kahil1, Marine Stadium Michael Misler, Risk Management A. Quinn Jones III, City Attorney Hurricane Moorings in Marine Stadium '�!'! � �� S\ V!!( ► Y •� Vie l �� jy� RECOMMENDATION - The City should not proceed with plans offered by the private sector to install emergency hurricane moorings in the Marine Stadium basin. BACKGROUND - A private firm specializing in the installation and operation of emergency hurricane mooring systems has proposed installing 1800 moorings in the Marine Stadium basin. The system would be the first in South Florida and would address a current significant regional need for safe harbour protection of private vessels during hurricanes. Several issues, pro and con, have been identified in connection with the proposed installation that weigh on the decision the City faces in whether to proceed with solicitation of proposals and negotiation of a management agreement to implement the project-: PRO - Additional protected moorings are needed in south Florida to support anticipated growth in recreational vessels. The City of Miami benefits economically from an expanding recreational boating industry that employs several thousand local residents and contributes sales taxes and tourist revenues to our economy. PRO - The City could recieve in excess of $100,000 in annual revenues from the rental of mooring slips. CON - Hurricane moorings conflict with activities at r Marine Stadium or the rowing club during crucial set-up 92- 413-1 9 and take -down periods for mooring the vessels. Concerts at Marine Stadium routinely attract hundreds of admission paying boating specatators that could not enter the basin during mooring set-up or take -down periods. The City risks concert promoter law suits or lost concert bookings if events are canceled to allow mooring activity to commence. The same conflict exists with Rowing club regattas and the lane bouys installed for such events. CON - Despite iron -clad indemnification and bold harmless waivers protecting the City from law suits by boat owners and mooring system operators in the event of hurricane damages, if the City participates in any manner in the conduct of mooring set-up operations, it is liable for claims of negligence in the performance of those activities. It is likely that the City Marine Patrol, City building or fire/safety inspectors, Marine Stadium Manager or City Police Department traffic control will be required to assist in managing the vessel traffic to and within the stadium basin, evacuation of boat owners from the stadium after delivery of the vessel and in inspecting the system installation and mooring procedures. 'There will be exposure of the City to any claims of negligence in the conduct of those activities. CON - The weak link in the mooring system is the vessels themselves. No matter how strong the mooring system, the failure of boat cleats, tie -down points and other on -board equipment can cause a vessel to break loose and damage other vessels in the basin. Each such instance carries the risk of law suits against the City. Vessels valued at approximately $100,000,000 would be moored in the basin if filled to the 1800 slip capacity. CON - During a hurricane, any break down in the mooring system resulting in loose vessels poses risks to shoreline improvements if such vessels were carried ashore by the storm. Marine Stadium, the MAST Academy, the Miami Rowing Club, Rickenbacker Marina and the Rusty Pelican would be exposed to such potential damage. The proposed hurricane mooring system is rated only to withstand 120 mph winds. CON - The actual system set-up time required to rig all ground tackle (1500 separate nylon lines tied to 1000 submerged anchors in water with very limited visibility) and to then tie -down 1800 vessels, is unknown. The first and only g1ficj, notification of a potential hurricane landfall is a "Hurricane Watch" issued by the National Hurricane Center 36 to 48 hours in advance of its expected arrival. If the City 10 92- 4i34 restricted the start-up of mooring activity to the issuance of a "Watch" to minimize potential confi.cts with events at Marine Stadium, too little time could be available to secure all the vessels raising additional. liability risks for the City. CON - If vessel owners, some of whom will leave town in the event- of a hurricane, do not return immediately after a hurricane threat to remove their moored vessels, the delay in returning the basin to normally scheduled activities could be significant and a major conflict with contracted stadium events. CON - The introduction of additional automobile traffic on to Ri.ckenbacker Causeway (picking up vessel operators after mooring) at precisely the same time as emergency evacuation procedures for Key Biscayne residents becomes most critical is likely to raise substantial objections from Key Biscayne interests. Offers by mooring system operators to bus vessel operators back to the mainland cannot- assure that anxious family members will not drive out to Marine Stadium to expedite the return of vessel operators. CON -- International Maritime Law requires that safe harbour be provided on demand to any vessel in time of imminent storm danger. There is no apparent legal or practical means of excluding those vessels who are sure to come to Marine Stadium in time of crises seeking safe harbour who are not registered with the mooring system and therefore not known to possess needed vessel insurance coverage to protect the City's liability. CON - The introduction of Hurricane mooring facilities into the City owned Marine Stadium puts the City in the position of assuming a role, however indirect, in the protection of private property during an emergency. While government offers advice and information on protection of private property, it• does not intervene directly (eg. homes, automobiles, commercial buildings must be secured by owners). Government intervention is directed to protecting human lives and the protection against private property loss is properly the province of insurance companies. By assuming a role in the protection of private boats, the City is crossing a line that creates complex issues of liability and responsibilty that puts the City at risk. Please initial directed course of action: Reject Mooring System for Marine Stadium Solict Mooring System for Marine Stadium 92- 413•t // f �' II�(F'; r'i'S"IC'- 19S=MOl��tl�`11f11 �i Herbert J. Bailey flay '20, 1992 Assistant City Manager �r 11urricane Moorings in Marine Stadium , Tony Pajares, Direc to ''�'� Dept. of Conferences, Co velitions and Public Facilities In reference to your memorandum of May 5th concerning the proposed Mooring system for, the Marine Stadium basin, I'm in complete agreement with all points of your assessment and how it relates to the proposed location of the Marine Stadium basin. Your memo covered many of my same concerns, particularly the City's risk and liability which, as you mentioned, exists in several areas. cc:. Angela Bellamy Terry Buice 92- 413•{ 13 CITY OF MIAMI, FLOMDA INTER -OFFICE 109MORANDUM 7O j Herbert J. Bailey DATE May 26, 1992 "LE ,Assistant City Manager j 8J611EQT Hurricane Moorings in ( Marine Stadium F1:7M REFEPENCES : Sujan S. a Director ENCLOSURES Risk Management Depa. tment We have reviewed your memo to the City Manager regarding the above captioned subject and we concur with your recommendation that we should not offer the private sector to install emergency hurricane moorings in the Marine Stadium basin. Fventhough, the City of Miami would receive $100,000.00 per year for fees one catastrophic loss could cost the City millions of dollars. If you wish to discuss this further, please feel free to contact our office at your convenience. SSC:MLMsdrm 92-- 413.1 TOTAL CP.)