Resolution 2023-32646 RESOLUTION NO. 2023-32646
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO
PROCEED WITH THE DESIGN AND PLANNING FOR A MOORING FIELD
PROJECT WITHIN THE CITY OF MIAMI BEACH, PROVIDED, HOWEVER,
THAT MOORING FIELD OPERATIONS SHALL NOT COMMENCE UNLESS
AND UNTIL ANCHOR LIMITATION AREAS ARE ESTABLISHED FOR THE
RESIDENTIAL ISLANDS IN THE VICINITY OF THE CITY'S MOORING
FIELDS, INCLUDING SUNSET ISLANDS I THROUGH IV, STAR ISLAND,
PALM ISLAND AND HIBISCUS ISLAND, IN ACCORDANCE WITH SECTION
327.4108 OF THE FLORIDA STATUTES.
WHEREAS, Miami Beach 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, under State law, subject to a few limited exceptions, municipalities do not
have the regulatory authority to limit or control the anchoring of vessels on waterways; and
WHEREAS, one such exception provides that the City may regulate anchoring and
related activities within the specified boundaries of a State-approved mooring field; and
WHEREAS, within the defined mooring field area, the City may require vessels to be tied
to an anchored mooring buoy and establish procedures to deter the improper storage of derelict
vessels, prohibit polluting discharges, and promote safety and the protection of the environment;
and
WHEREAS, 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
Project"); and
WHEREAS, on or about May 2020, the City's consultant, E-Sciences, prepared a
Mooring Field preliminary analysis, outlining the mooring field options and technical
requirements for establishment of mooring field in the City; and
WHEREAS, in Spring 2022, City staff and their selected consultants held meetings with
the regulatory agencies to obtain feedback on the boundaries for a mooring field and necessary
items to consider during the preliminary planning and permitting process for a Mooring Field
Project; and
WHEREAS, on May 27, 2022, the Finance and Economic Resiliency Committee
directed the Administration to proceed with the design and permitting of a mooring field project
with proposed boundaries spanning portions of Biscayne Bay, from approximately 5th Street 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 a mooring field project, and
City staff has been working to develop a scope for the design and construction of the project, in
accordance with its procurement requirements; and
WHEREAS, residents have 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 support a Mooring Field Project desire to proceed with the
project due to concerns with the current impact of unregulated anchoring of boats in the area,
and often cite environmental concerns relating to the health of Biscayne Bay, and the impact of
unregulated mooring of boats on seagrass and water quality; and
WHEREAS, residents concerned with a 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
derelict boats 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 reach of the managed mooring field, thereby entirely undermining the objective of
the project and shifting the problem to other areas; and
WHEREAS, one option that may address the fundamental concern with the shifting of
boats from a managed mooring field to areas outside the mooring field boundary relates to the
• potential establishment of Anchoring Limitation Areas for the protection of the islands in the
immediate vicinity of the mooring fields; and
WHEREAS, Section 327.4108 of the Florida Statutes establishes specified Anchor
Limitation Areas, and authorizes counties to establish additional Anchoring Limitation Areas
within their waterways under certain conditions, to limit overnight anchorages in areas located
within the boundaries of the Anchoring Limitation Area; and
WHEREAS, if a Mooring Field Project is established with a defined boundary for
mooring buoys, an approved Anchoring Limitation Area for the area surrounding the mooring
field would serve to achieve the overall objectives of a Mooring Field Project, protect residents
and promote the health of Biscayne Bay; and
WHEREAS, moreover, the Florida Legislature's action to designate portions of Biscayne
Bay as anchor limitation areas would thereby provide the City with the authority to enforce the
prohibitions on overnight anchoring within its municipal boundaries, as authorized by Fla. Stat. §
327.70; and
WHEREAS, the Mayor and City Commission desire to affirm the City's prior Resolutions
to direct the Administration to proceed with the design and planning for a Mooring Field Project,
provided, however, that mooring field operations shall not commence at any Mooring Field
Project until Anchoring Limitation Areas are established for the residential islands in the vicinity
of the mooring fields, including Sunset Islands, Star Island, Palm Island and Hibiscus Island;
and
WHEREAS, the Mayor and City Commission further direct the City Administration to
• work with Miami-Dade County in support of any effort to establish an Anchoring Limitation Area
pursuant to Section 327.4108 of the Florida Statutes, or alternatively to include this item as part
of the City's 2024 legislative priorities, to alternatively urge the Florida Legislature to directly
establish an Anchoring Limitation Area for the foregoing areas of Biscayne Bay.
•
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 authorize the City Administration to proceed with the design and planning
for a Mooring Field Project within the City of Miami Beach, provided, however, that mooring field
operations shall not commence unless and until Anchor Limitation Areas are established for the
residential islands in the vicinity of the City's mooring fields, including Sunset Islands I through
IV, Star Island, Palm Island and Hibiscus Island, in accordance with Section 327.4108 of the
Florida Statutes.
PASSED and ADOPTED this ag day of I4h _, 2023.
ATTEST:
....let ,., 2-21---_____
JUL —. 5 2023 . Dan Gelber, Mayor .
RafaelIQ!rando, City Clerk _,g
(sponsored by Commissioner Ricky Arriola) ^ • ;
NCORP.ORATED;
Ei ;4'-
'QCN••26 ,,
•
APPROVED AS TO
FORM&LANGUAGE
( &FOR•EXECUTION
CITY-- 6 - 1 6 -2-3
City Attorney Date
Resolutions -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 28, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AUTHORIZING THE CITYADMINISTRATION
TO PROCEED WITH THE DESIGN AND PLANNING FOR A MOORING
FIELD PROJECT WITHIN THE CITY OF MIAMI BEACH, PROVIDED,
HOWEVER, THAT MOORING FIELD OPERATIONS SHALL NOT
COMMENCE UNLESS AND UNTIL ANCHOR LIMITATION AREAS ARE
ESTABLISHED FOR THE RESIDENTIAL ISLANDS IN THE VICINITY OF
THE CITY'S MOORING FIELDS, INCLUDING SUNSET ISLANDS I
THROUGH IV, STAR ISLAND, PALM ISLAND AND HIBISCUS ISLAND, IN
ACCORDANCE WITH SECTION 327.4108 OF THE FLORIDA STATUTES.
ANALYSIS
Pursuant to the request of Vice-Mayor Ricky Arriola, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the June 28, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The fiscal impact of this item is part of the FY2023 capital budget, as approved by Finance and
Economic Resiliency Committee on May 27, 2022 and subsequently by the City Commission
on September 28,2022.
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Page 835 of 1808
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Resolution
Page 836 of 1808