Loading...
Resolution 2019-30938 RESOLUTION NO. 2019-30938 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, URGING GOVERNOR RONALD DESANTIS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), AND OTHER APPLICABLE STATE AGENCIES TO ISSUE THE EXPEDITED APPROVAL OF MIAMI-DADE COUNTY'S REQUEST FOR A ONE-TIME EXTENDED PERMIT THAT WOULD RUN CONTINUOUSLY THROUGH OCTOBER 31, 2019, IN ORDER TO ADDRESS THE OVERABUNDANCE OF SEAWEED BEING DEPOSITED ON THE BEACHES OF MIAMI-DADE COUNTY AND THE CITY. WHEREAS, the City of Miami Beach (the "City") is comprised of a number of islands with approximately 70 miles of shoreline along numerous canals and waterways, the Atlantic Ocean, and Biscayne Bay Aquatic Preserve, all of which support a wide variety of flora and fauna; and WHEREAS, the City hosts approximately 15 million visitors each year, and is considered one of the world's most popular tourist destinations because of its beaches, crystal-clear blue water, and amazing tropical environment; and WHEREAS, the City, as well as the entirety of Miami-Dade County (the "County"), are battling massive amounts of sargassum seaweed, a type of floating algae, being deposited onto its beaches; and WHEREAS, the massive amounts of seaweed, combined with accompanying intoxicating odor, create an unsightly appearance and unsanitary conditions, and prevent beachgoers from enjoying the sandy beaches and the ocean, and expose citizens and tourists to tremendous risk to their welfare and health, and the tourism industry of both the County and the City; and WHEREAS, the County's Parks, Recreation, and Open Spaces Department ("PROS") is responsible for maintaining clean beaches throughout the City; WHEREAS, the County is required to work collaboratively with the Department of Environmental Protection ("DEP") and Florida Fish and Wildlife Commission ("FWC") to follow all regulations and obtain those required permits for mechanized beach cleaning; and WHEREAS, the County must re-apply for a permit with the DEP every two weeks in order to utilize heavy equipment to address the extraordinary unsanitary condition that stems directly from massive amounts of seaweed washing up on the City's beaches; and WHEREAS, County Resolution adopted on July 23, 2019, and sponsored by Miami-Dade County Commissioner, Eileen Higgins, urged Governor Ronald DeSantis, the DEP, and other applicable state agencies to expedite and immediately issue a one-time extended permit for the removal of the dangerous seaweed in Miami Beach; and WHEREAS, the Mayor and City Commission fully support, and hereby expressly request, the expedited and immediate approval of the County's request for a one-time extended "special condition" permit which would run continuously through October 31, 2019, in order to efficiently address the unprecedented levels of seaweed being deposited onto the City's beaches, without the necessity of re-applying for a permit every two weeks; and WHEREAS, this urgent and essential request will permit the County to more effectively maintain its treasured beaches and preserve Miami-Dade County and Miami Beach's tourism, and beachfront property values. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge Governor Ronald DeSantis, the Florida Department of Environmental Protection ("DEP"), and other applicable state agencies to issue the expedited approval of Miami- Dade County's request for a one-time extended permit that would run continuously through October 31, 2019, in order to address the overabundance of seaweed being deposited on the beaches of Miami-Dade County and the City. PASSED AND ADOPTED this 31st day of July, 2019. ATTEST: Dan Gelber, Mayor Raf el E. ranado, City Clerk (Sponsored by Mayor Dan Gelber) r (Co-Sponsored by Commissioners Michael Gongora and Mark Samuelian.) '�\\ \\Nl\p1j1 11 11 • -it. * INCORP ORATED I...a. \\\\o 't'_..)„'EnASTO F0-,',. : LANGUAGE - •r EXECUTION 0-.... 2 g../41/ ii‘& Attorney Date Resolutions - R7 L MIAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: July 31, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, URGING GOVERNOR RONALD DESANTIS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), AND OTHER APPLICABLE STATE AGENCIES TO ISSUE THE EXPEDITED APPROVAL OF MIAMI-DADE COUNTY'S REQUEST FOR A ONE-TIME EXTENDED PERMIT THAT WOULD RUN CONTINUOUSLY THROUGH OCTOBER 31, 2019, IN ORDER TO ADDRESS THE OVERABUNDANCE OF SEAWEED BEING DEPOSITED ON THE BEACHES OF MIAMI-DADE COUNTYAND THE CITY. RECOMMENDATION Pursuant to the request of Mayor Dan Gelber, the above-reference Resolution is submitted for consideration by the City Commission at the July 31, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description o Urge FDEP Grant MD-C One-Time Permit Removal of Seaweed. o Mayor Gimenz: Expansion of Sargassum Seaweed Working Group o Miami-Dade County Resolution to Governor DeSantis Page 1257 of 1288 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, URGING GOVERNOR RONALD DESANTIS, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), AND OTHER APPLICABLE STATE AGENCIES TO ISSUE THE EXPEDITED APPROVAL OF MIAMI-DADE COUNTY'S REQUEST FOR A ONE-TIME EXTENDED PERMIT THAT WOULD RUN CONTINUOUSLY THROUGH OCTOBER 31, 2019, IN ORDER TO ADDRESS THE OVERABUNDANCE OF SEAWEED BEING DEPOSITED ON THE BEACHES OF MIAMI-DADE COUNTY AND THE CITY. WHEREAS, the City of Miami Beach (the "City") is comprised of a number of islands with approximately 70 miles of shoreline along numerous canals and waterways, the Atlantic Ocean, and Biscayne Bay Aquatic Preserve, all of which support a wide variety of flora and fauna; and WHEREAS, the City hosts approximately 15 million visitors each year, and is considered one of the world's most popular tourist destinations because of its beaches, crystal-clear blue water, and amazing tropical environment; and WHEREAS, the City, as well as the entirety of Miami-Dade County (the "County"), are battling massive amounts of sargassum seaweed, a type of floating algae, being deposited onto its beaches; and WHEREAS, the massive amounts of seaweed, combined with accompanying intoxicating odor, create an unsightly appearance and unsanitary conditions, and prevent beachgoers from enjoying the sandy beaches and the ocean, and expose citizens and tourists to tremendous risk to their welfare and health, and the tourism industry of both the County and the City; and WHEREAS, the County's Parks, Recreation, and Open Spaces Department ("PROS") is responsible for maintaining clean beaches throughout the City; WHEREAS, the County is required to work collaboratively with the Department of Environmental Protection ("DEP") and Florida Fish and Wildlife Commission ("FWC")to follow all regulations and obtain those required permits for mechanized beach cleaning; and WHEREAS, the County must re-apply for a permit with the DEP every two weeks in order to utilize heavy equipment to address the extraordinary unsanitary condition that stems directly from massive amounts of seaweed washing up on the City's beaches; and WHEREAS, County Resolution adopted on July 23, 2019, and sponsored by Miami-Dade County Commissioner, Eileen Higgins, urged Governor Ronald DeSantis, the DEP, and other applicable state agencies to expedite and immediately issue a one-time extended permit for the removal of the dangerous seaweed in Miami Beach; and WHEREAS, the Mayor and City Commission fully support, and hereby expressly request, the expedited and immediate approval of the County's request for a one-time extended "special condition" permit which would run continuously through October 31, 2019, in order to efficiently Page 1258 of 1288 address the unprecedented levels of seaweed being deposited onto the City's beaches, without the necessity of re-applying for a permit every two weeks; and WHEREAS, this urgent and essential request will permit the County to more effectively maintain its treasured beaches and preserve Miami-Dade County and Miami Beach's tourism, and beachfront property values. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge Governor Ronald DeSantis, the Florida Department of Environmental Protection ("DEP"), and other applicable state agencies to issue the expedited approval of Miami- Dade County's request for a one-time extended permit that would run continuously through October 31., 2019, in order to address the overabundance of seaweed being deposited on the beaches of Miami-Dade County and the City. PASSED AND ADOPTED this 31st day of July, 2019. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk (Sponsored by Mayor Dan Gelber) . , l AS TO F•",•.' • LANGUAGE ii‘:& . ••r EXECUTION fi C-%.. 7 g1413. '•,Attorney� Date C Page 1259 of 1288 M IAM I•DADE Memorandum COUNTY Date: July 23, 2019 To: Honorable Chairwoman Audrey M. Edmonson And Members, Board of my Commissioners From: Carlos A. Gimen- 41111. Mayor Subject: Expansion of Sargassum (Sea,14 ) Working Group • Recently, the topic of sargassum (seaweed) accumulating on Miami-Dade County beaches was discussed at the July 17 Parks, Recreation and Cultural Affairs Committee meeting with Commissioner Higgins taking the lead, and at two recent City of Miami Beach (City) Commission meetings. I share the concerns expressed by City of Miami Beach Mayor Dan Gelber, Commissioner Higgins, Commissioner Heyman and the City Commissioners during these discussions, and I am committed to developing solutions now. In consultation with Mayor Gelber and Commissioner Higgins, I am expanding the existing working group of representatives from the Parks, Recreation and Open Spaces (PROS) Department, the Department of Regulatory and Economic Resources (RER), and the Florida Department of Health that has been working with Commissioner Higgins, the City of Miami Beach, the County and State for the past several months, to also include Bal Harbour and the Greater Miami Convention and Visitors Bureau. We are encouraging participation by the Florida Department of Environmental Protection as well. We must work together closely so that we stay coordinated and focused on this important task. As you know, we have record amounts of seaweed on our beaches that is washing ashore. This is particularly critical at "hot spots" where jetties and breakwaters cause large amounts of sargassum to accumulate without our ability to substantially mitigate it. I am authorizing PROS to work with the ,Internal Services Department to contract immediately to remove seaweed from these hot spots. We will use other municipal contracts and emergency authorization to do this right now. I intend to bring you the agreements and the budget authorization retroactively in September so that we can get to work without delay. The focus of our efforts will be the hot spot areas characterized by man-made interventions to protect our beaches at three locations: the Bal Harbour and Haulover jetties; the Miami Beach breakwaters from 26-32 street; and the South Pointe jetty. In addition, I strongly support the leadership of Commissioner Higgins, along with the advocacy of Commission Heyman, on this pressing issue. In particular, I support our efforts to have the State authorize a long-term permit for immediate work to get this crisis under control. Pulling State permits every two weeks simply does not recognize the "new normal." Keeping our beaches clean from sargassum is a month-to-month, continuous process. I have instructed our legislative team to work with the State to make this happen. I urge Governor DeSantis to intervene today and to authorize an extended permit through the end of October, specifically to remove seaweed from these hot spots. I will continue to keep you informed of our progress in the coming months. Should you require additional information, please contact Michael Spring, Senior Advisor, at 305-375-3710 or me directly. Page 1260 of 1288 Honorable Chairwoman Audrey M. Edmonson And Members, Board of County Commissioners Page 2 c: The Honorable Governor Ron DeSantis The Honorable Mayor Dan Gelber, City of Miami Beach The Honorable Mayor Gabriel Groisman, Bal Harbour Village William D. Talbert III, President and Chief Executive Officer, Greater Miami Convention and Visitors Bureau Yesenia D. Villalta, APRN, DNP, MSN, Administrator/ Health Officer, Florida Department of Health in Miami-Dade Samir Elmir, Division Director, Environmental Health and Engineering, Florida Department of Health in Miami-Dade County Tony D. McNeal, Program Administrator, Florida Department of Environmental Protection Jenna Caderas, Environmental Specialist, Southeast District, Florida Department of Environmental Protection Carol A. Knox, Section Leader, Imperiled Species Management Section, Florida Fish and Wildlife Conservation Commission Abigail Price-Williams, County Attorney Geri Bonzon-Keenan, First Assistant County Attorney Jess McCarty, Assistant County Attorney Michael Spring, Senior Advisor, Office of the Mayor Jack Osterholt, Deputy Mayor and Director of the Department of Regulatory and Economic Resources, Office of the Mayor Office of the Mayor Senior Staff Maria I. Nardi, Director, Parks, Recreation and Open Spaces Department Tara C. Smith, Director, Internal Services Department Jim Murley, Chief Resilience Officer, Department of Regulatory and Economic Resources Department Directors Page 1261 of 1288 MEMORANDUM Agenda Item No. 11(A)(11) TO: Honorable Chairwoman Audrey M. Edmonson DATE: July 23, 2019 and Members,Board of County Commissioners FROM: Abigail Price-Williams SUBJECT: Resolution urging Governor County Attorney Ron DeSantis,the Florida f Department of Environmental Protection and other applicable state agencies to issue a one-time extended permit for the removal of seaweed on beaches located in Miami-Dade County The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Eileen Higgins. j/►( . :;r. .4I i . .. / Ab�"ai ' :ice.- illiams County A torney APW/smm Page 1252 of 1288 . Ai, �: Y S .ao / MEMORANDUM M �,,.w`o i (Revised) TO: Honorable Chairwoman Audrey M. Edmonson DATE: July 23, 2019 and Members, Board of County Commissioners 0 q lj iji ', L,, ,. Ir FRO : tigail 'rice-X11 lams SUBJECT: Agenda Item No. 11(A)(11) unty Attorney Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing 1/ No committee review Applicable legislation requires more than a majority vote (i.e.,2/3's present ,2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance,and available capacity(if debt is contemplated) required Page 12e3of 1288 Approved Agenda Item No. 11(A)(11) Veto 7-23-19 Override RESOLUTION NO. RESOLUTION URGING GOVERNOR RON DES ANTIS, THE FLORIDA. DEPARTMENT OF ENVIRONMENTAL PROTECTION AND OTHER APPLICABLE STATE AGENCIES TO ISSUE A ONE-TIME EXTENDED PERMIT FOR THE REMOVAL OF SEAWEED ON BEACHES LOCATED IN MIAMI-DADE COUNTY WHEREAS,tourism is Miami-Dade County's largest industry; and WHEREAS, the beaches in Miami-Dade County are the centerpiece of the County's tourist attractions; and WHEREAS, sargassum seaweed, a type of floating algae has invaded some County beaches, including the popular tourist destinations on Miami Beach; and WHEREAS, the presence of sargassum seaweed can have a deleterious effect on the tourist industry and impede resident's enjoyment of the natural beauty of our beaches; and WHEREAS, the Parks, Recreation, and Open Spaces Department (PROS) is responsible for maintaining 17 miles of County beaches; and WHEREAS, PROS works collaboratively with the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission to follow all regulations and obtain required permits for beach cleaning; and WHEREAS, the permits issued by the Florida Department of Environmental Protection to allow PROS to conduct environmental clean-up work such as the removal of seaweed are issued for only a two-week period; and Page 1261 of 1288 Agenda Item No. 11(A)(11) Page No. 2 WHEREAS, an extended permit would allow PROS to maintain the current and approved practices for addressing the seaweed issue without the necessity of reapplying for a permit every two weeks, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that this Board: Section 1. Urges Governor Ron DeSantis, the Florida Department of Environmental Protection, and other applicable state agencies to issue a one-time permit to PROS for the continuous use of heavy equipment in accordance with current approved practices for seaweed removal to run continuously through October 31, 2019. Section 2. Directs the Clerk of the Board to send a certified copy of this Resolution to the Governor,the Secretary of the Florida Department of Environmental Regulation,and the Chair and Members of the Miami-Dade State Legislative Delegation. Section 3. Directs the County's state lobbyists to advocate for the action described in section 1, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2019 State Legislative Package to include this item in the 2019 State Legislative Package. The Prime Sponsor of the foregoing resolution is Commissioner Eileen Higgins. It was offered by Commissioner ,who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote,the vote was as follows: Audrey M. Edmonson, Chairwoman Rebeca Sosa,Vice Chairwoman Esteban L. Bovo, Jr. Daniella Levine Cava Jose"Pepe"Diaz Sally A. Heyman Eileen Higgins Barbara J. Jordan Joe A. Martinez Jean Monestime Dennis C. Moss Sen. Javier D. Souto Xavier L. Suarez Page 125of 1288 Agenda Item No. 11(A)(11) Page No. 3 The Chairperson thereupon declared the resolution duly passed and adopted this 23`d day of July,2019. This resolution shall become effective upon the earlier.of(1) 10 days after the date of its adoption unless vetoed by the County Mayor,and if vetoed,shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Deputy Clerk Approved by County Attorney as 1,015 to form and legal sufficiency. Melanie J. Spencer • Page 1266 of 1288