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HomeMy WebLinkAboutResolution 2026-34155 RESOLUTION NO. 2026-34155 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE INDEFINITE SUSPENSION OF THE CITY'S MOORING FIELD PROJECT AND CAPITAL PROJECT # 65422, WHICH REQUIRED THE INSTALLATION OF VARIOUS ANCHORING LIMITATION AREA AND WATERWAY SIGNS PURSUANT TO RESOLUTION NO. 2023-32646 AND/OR RESOLUTION NO. 2024-32963, UNLESS AND UNTIL THERE IS FURTHER ACTION OF THE CITY COMMISSION DIRECTING OTHERWISE. WHEREAS, the City of Miami Beach ("City") is a popular destination for boaters, with significant commercial and recreational use of the area of Biscayne Bay located within the City's territorial limits, resulting in a high demand for local anchorage in the area; and WHEREAS, for many years prior to 2025, State law provided municipalities with only limited authority to regulate or control the long-term or overnight anchoring of vessels on waters within the territorial jurisdiction of a municipality; and WHEREAS, one such authorization provided municipalities with the ability to regulate anchoring and related activities within the specified boundaries of a managed mooring field; and WHEREAS, as such, on June 5, 2019, the Mayor and City Commission adopted Resolution No. 2019-30862, directing the Administration to explore the creation of a mooring field and to retain a consultant to assist with the development of a mooring field project (the "Mooring Field ProjecY'); and WHEREAS, on or about May 2020, the City's consultant, E-Sciences, prepared a Mooring Field Project preliminary analysis, outlining the mooring field options and technical requirements for establishing a mooring field in the waters of the City; and WHEREAS, in the Spring of 2022, City staff and their consultants held meetings with the appropriate environmental regulatory agencies to obtain feedback on the proposed managed mooring field and necessary items to consider during the preliminary planning and permitting process for the Mooring Field Project; and WHEREAS, on May 27, 2022, the Finance and Economic Resiliency Committee("FERC") directed the Administration to proceed with the design and permitting of the Mooring Field Project with proposed boundaries spanning portions of Biscayne Bay,from approximately 5th Street north to Maurice Gibb Park, and further requested that staff update its FY 2023 budget requests to reflect additional monetary needs for this capital project; and WHEREAS, on September 28, 2022, the City Commission approved the Capital budget increase to support the preliminary planning and design work for the Mooring Field Project; and WHEREAS, City residents expressed strong and diverse viewpoints with respect to establishing a mooring field, both in favor and against the establishment of a mooring field; and WHEREAS, residents who supported the Mooring Field Project desired to proceed due to concerns surrounding the impact of the unregulated anchoring of boats in the area, and also often cited environmental concerns relating to the health of Biscayne Bay, including the impact of the unregulated mooring of boats on seagrass and water quality; and WHEREAS, residents concerned with the Mooring Field Project share the desire to address issues with unregulated anchoring and the health of Biscayne Bay, but are concerned that creating a regulated mooring field will only shift the problems the City is experiencing with vessels anchored long-term and/or overnight (derelict, at-risk, or otherwise) to the areas located outside of the boundaries of the mooring field; and WHEREAS, specifically, residents concerned with the Mooring Field Project cite examples in nearby jurisdictions such as the City of Miami, where boaters who did not want to comply with the City's rules or pay to locate their boats within a mooring field, simply anchored outside of the managed mooring field, thereby entirely undermining the objective of the project and shifting the problem to other areas in the jurisdiction; and WHEREAS, in 2025, the Florida Legislature expanded the sections of Biscayne Bay that are designated as overnight anchoring limitation areas, pursuant to Fla. Stat. 327.4108, and created overnight anchoring limitation areas in seven (7) additional sections of Biscayne Bay as follows: between Palm Island and Star Island, between Palm Island and Hibiscus Island, between Palm Island and Watson Island, between San Marino Island and Di Lido Island, between Palm Island and State Road A1A, between The Sunset Islands, and between Sunset Island I and State Road 112; and WHEREAS, in 2025, the Florida Legislature also amended Fla. Stat. 327.60(2)(f) to include a new subsection, which now authorizes counties with a population of more than 1.5 million, including municipalities within those counties, to regulate overnight anchoring within the waters of their jurisdiction; and WHEREAS, pursuant to the authority set forth in Fla. Stat. 327.60(2)(f), on July 23, 2025, the Mayor and City Commission adopted Ordinance No. 2025-4753, which prohibits any vessel from anchoring within the Miami Beach Overnight Anchoring Limitation Area for a period of 1 hour or more between one-half hour after sunset and one-half hour before sunrise for more than 30 days in any 6-month period; and WHEREAS, the Miami Beach Police Department, through its Marine Patrol division, recently commenced the monitoring and enforcement of vessels in potential violation of Ordinance No. 2025-4753, along with enforcing the prohibition on overnight anchoring in the anchoring limitation areas set forth in Fla. Stat. 327.4108, which will vastly assist in the City's efforts to protect the water quality and seagrass in Biscayne Bay from the unregulated overnight and/or long-term anchoring of vessels and may render the Mooring Field Project unnecessary; and WHEREAS, the Mooring Field Project is estimated to cost approximately $1,900,000.00 to construct plus an additional $1,400,000.00 in soft costs (such as design development, contract/construction administration, permitting, testing, surveys, contingency, etc.) resulting in a total cost of $3,300,000.00, of which the City has already expended roughly $578,000.00, with 2 the remaining Mooring Field Project cost estimated to be $2,722,000.00, in addition to innumerable hours of required staff time; and WHEREAS, Capital Project # 65422, which originally was a $395,000 project for limited waterway signage, was updated as to the project description and appropriation pursuant to Resolution No. 2023-32646 and/or Resolution No. 2024-32963, which required 44 additional anchoring limitation area signs to be installed in the waterways between various residential islands before the Mooring Field Project could move forward; and WHEREAS, as part of FY 25 budget, the City Administration requested $500,000 for the design and permitting of the additional waterway signage, plus $1,518,400 for construction of the new signs and pilings, which amounts have been allocated in the capital budget; and WHEREAS, in total, $2,413,400 was appropriated for Capital Project#65422, but so far, the City Administration has on�y spent approximately $100,167 as the project has been held up, in part, due to permitting and other issues by the Florida Fish and Wildlife Conservation Commission and Miami-Dade County; and WHEREAS, due to the changes in law, specifically the Florida Legislature's adoption of Fla. Stat. 327.4108 and Fla. Stat. 327.60, as well as the City's adoption and enforcement of Ordinance No. 2025-4753, such signage is no longer necessary; and WHEREAS, by discontinuing the Mooring Field Project the City will save approximately $2,722,000.00, and by discontinuing the signage project (Capital Project # 65422) the City will save approximately $2,313,233.00, for a total savings of approximately $5,035,233.00; and WHEREAS, the City Administration shall finalize the permitting process and keep the mooring field permits active. The City shall also pay the approximately $12,000 in outstanding permit fees; however, no additional tax dollars beyond the $12,000 for permitting fees shall be spent on the Mooring Field Project, and the Administration item shall bring this item back to the City Commission for guidance approximately ninety (90) days before the permit expires. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby direct the indefinite suspension of the City's Mooring Field Project and Capital Project # 65422, which required the installation of various anchoring limitation area and waterway signs pursuant to Resolution No. 2023-32646 and/or Resolution No. 2024-32963, unless and until there is further action of the City Commission directing otherwise. PASSED and ADOPTED this a7s day of �G!��"UGr,�/ , 2026. ATTEST: - MAY 1 3 2026 teven Meiner, Mayor Rafael E. Granado, City Clerk '�`�`B��''' APPROVED AS TO (Sponsored by Commissioner David Suarez) =��-��'�""""'�••�;y.,,, ' ,��� FORM & LANGUAGE Co-Sponsored by CommissionerAlex J.Fernandez = ' �'� ��' �; �OR EXECUTION ; ?iN(ORPrORAiED�: '',�''•. ��...����_� s- 1 �l-��G ..,� 3 ','4CH,26 ��' �• City Attorney^� _ / Date �y�A�/ Resotutions - R7 V MIAI�/IIBEA� H COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: February 25, 2026 TITLE: A RE50LUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE INDEFINITE SUSPENSION OF THE CITY'S MOORING FIELD PROJECT AND CAPITAL PROJECT #65422, WHICH REQUIRED THE INSTALLATION OF VARIOUS ANCHORING LIMITATION AREA AND WATERWAY SIGNS PURSUANT TO RESOLUTION NO. 2023-32646 AND/OR RESOLUTION NO. 2024-32963, UNLESS AND UNTIL THERE IS FURTHER ACTION OF THE CITY COMMISSION DIRECTING OTHERWISE. RECOMMENDATION BACKGROUNDIHISTORY ANALYSIS The attached Resolution was prepared at the request of the sponsor, Commissioner David Suarez. FISCAL IMPACT STATEMENT None. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•!/www miamibeachfl.gov/city-halUcity-clerklmeetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide 1138 of 1589 Is this a "Residents Ri�ht to Know" item, Is this item related to a G.O. Bond pursuant to Citv Code Section 2-17? Proiect? No No Was this Aqenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal enqaqed in lobbyinq? No If so, specify the name of lobbyist(s) and principal(s): Denartment City Attorney Sponsor(s) Commissioner David Suarez Co-sponsor(s� Condensed Title NR- Suspend Mooring Field Project 8 Installation of Anchoring Limitation Area Signage. (DS) CA Previous Action (For City Clerk Use Only) Not reached on 2/5/2026 - R7 T 1139 of 1589