LTC 125-2024 A RESOLUTION OF THE MIDBEACH NEIGHBORHOOD ASSOCIATION (MBNA) REGARDING THE OPERATION OF CHARTERS ALONG INDIAN CREEK WATERWAY FROM 41ST ST TO 63RD IN MIAMI BEACHMIAMI BEACH
OFFICE OF THE CITY CLERK
LTC#
125-2024
LETTER TO COMMISSION
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
Rafael A. Paz, City Attorney
Joseph M. Centorino, Inspector General
FROM: Rafael E. Granado, City Clerk~
DATE: April 3, 2024
SUBJECT: A RESOLUTION OF THE MIDBEACH NEIGHBORHOOD ASSOCIATION
(MBNA) REGARDING THE OPERATION OF CHARTERS ALONG INDIAN
CREEK WATERWAY FROM 41ST TO 63RD IN MIAMI BEACH
On behalf of the MidBeach Neighborhood Association (MBNA) Board of Directors, attached
please find a resolution regarding the operation of charters along the Indian Creek Waterway from
41st to 63rd Streets in Miami Beach
F:\CLER\$ALL\L TC FROM ASSOCIATIONS\MBNA 04032024.docx
A R E S O L U T IO N O F T H E M ID B E A C H N E IG H B O R H O O D A S S O C IAT IO N
(M B N A ) R E G A R D I N G T H E O P E R AT IO N O F C H A R T E R S A L O N G IN D IA N
C R E E K W AT E R W AY F R O M 4 1 S T T O 6 3 R D IN M I A M I B E A C H
WHEREAS, the MidBeach Neighborhood Association {MBNA) represents sixty-six (66)
condominiums and hotels and more than twelve-thousand (12,000) units within the geographical
boundaries of east Middle Beach, which include Collins Avenue and Indian Creek Drive from 24" Street
through 63" Street; and
WHEREAS, this Resolution is specific to the operation of Charters along Indian Creek
Waterway from 41 st to 63rd; and
WHEREAS, 41 st street and 63rd street are main corridors within the Mid Beach community; and
WHEREAS, since 2020 the MBNA has held numerous Beach and Water Quality Working Group
meetings, and Monthly Membership and Annual Meetings where the declining state of the Indian Creek
Waterway as a result of increased Charter activity has been discussed. MBNA has met with residents,
stakeholders, and government staff to listen and share our perspective on the impacts Charters are
having on the waterway; and
WHEREAS, Indian Creek Waterway lacks the infrastructure to provide restrooms, fueling, and
parking to support Charter operations; and
WHEREAS, Charter operations from 24th street to 41 st street, including Lake Pancoast, are not
of concern to the MBNA since they do not affect the raising of the 63rd street bridge; and
WHEREAS, the MBNA understands the current City code allows for just a few MidBeach hotels the
authority to operate a Marina which may include Charter vessels; and
WHEREAS, the MBNA understands all Charter vessels are required to have a current Business
Tax Receipt (BTR) or the City considers them to be operating illegally; and
WHEREAS, the MBNA members have witnessed Charters guests jaywalking across Collins
Avenue;and
WHEREAS, the MBNA members have witnessed Charter guests parking and/or loading and
unloading on the grass swales, sidewalks, and on Collins Avenue, many times blocking traffic and
littering the swales and waterways; and
WHEREAS, the MBNA members have witnessed Charter vessels docked on City's seawall
property cleats; and
WHEREAS, Charters crossing the 63rd street bridge to load/unload passengers is causing repeated
bridge openings with horn blasts at all hours of the day and night disturbing the peace and quiet of
the residents and resulting in vehicle congestion in our community; and
WHEREAS, the MBNA is a neighborhood association advocating for the quality of life of our
members and is not involved in any legal disputes or licensing issues; and
WHEREAS, the MBNA does not have a position regarding licensures of "legally established,
non-conforming watercraft rental uses" as referenced in the City's WD-1 Ordinance and has not been
made aware of who specifically has or doesn't have BTR's and/or when they expire or renew; and
WHEREAS, in order to improve the current situation described herein resulting from excessive
illegal Charters on Indian Creek, the MBNA agrees limiting the rental of Charters to hotel guests and
conference attendees from authorized properties only; and
WHEREAS, the MBNA urges the City of Miami Beach Mayor and Commissioners to consider
adopting legislation and procedures that protect the Indian Creek Waterway from illegal charters,
pollution, excessive noise, excessive bridge openings, and vessel speeds causing large wake
potentially damaging private properties.
APPROVED AS TO FORM AND CORRECTNESS:
Anamarie Ferreira de Melo, President
Deborah Lake, Vice-President/Secretary
Joined by MBNA Executive Board Members:
Alicia A. Casanova - Green Diamond Condominium
Esteban Porcelli - King David Tower Condominium
Jose Flores - The Edition Miami Beach Hotel
Randy Hollingworth - Beach Plaza South Condominium
Justin Jacobs - Caribbean Condominium
Oscar Vazquez - Club Atlantis Condominium
Dated the 1st day of April, 2024