96-21885 RESO
RESOLUTION NO.
96-21885
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA REQUESTING
THE TOWN OF GOLDEN BEACH AND THE OTHER PARTY
PLAINTIFFS TO VOLUNT ARIL Y DISMISS THEIR
FEDERAL COURT ACTION IN TOWN OF GOLDEN BEACH.
BIODIVERSITY ASSOCIATES. THE AMERICAN LITTORAL
SOCIETY. INC.. RICHARD JACKSON. AND DONALD J.
DUERR V. DISTRICT ENGINEER. U.S. ARMY CORPS OF
ENGINEERS. ET AL.. AND TO COOPERATE IN THE
EFFORTS TO RENOURISH THE BEACHES IN THE CITY
OF MIAMI BEACH.
WHEREAS, the beaches of the City of Miami Beach ("City") are an important natural
resource and attraction to the tourist, fashion and film industries and are significant to the economy
of the City and to Metropolitan Dade County; and
WHEREAS, a project to renourish beaches between Government Cut and Haulover Inlet
was initiated by the United State Army Corps of Engineers (ACOE) in conjunction with Dade
County, but was enj oined as of September 22, 1994 by a court order in a federal court action initiated
by the Town of Golden Beach ("Town") and subsequently joined in by various individual and
corporate plaintiffs in Town of Golden Beach. Biodiversity Associates. The American Littoral
Society. Inc.. Richard Jackson. and Donald 1. Duerr v. District Engineer. U.S. Army of Cor:ps of
Engineers. et aI., U.S. District Court for the Southern District of Florida, Case No. 94-1816-CIV-
UNGARO-BENGARES; and
WHEREAS, under the beach renourishment project halted by the federal court injunction,
approximately 400,000 cubic yards of sand were to be placed along the beachfront between 34th and
47th Streets in the City, but at the time that the injunction was imposed, only approximately 25%
of the project had been completed; and
WHEREAS, due to the continuation of the federal court litigation by the Town of Golden
Beach and the other party plaintiffs, the City of Miami Beach continues to be placed in an at risk
position to the effects of storm surge and erosion damage which have already resulted in certain
portions of beachfront becoming impassable by beach patrol and fire/rescue vehicles thereby
compromising the safety and welfare of citizens and visitors utilizing the City's beaches; and
WHEREAS, the on-going effects of beach erosion have resulted in the closing of portions
of the City's boardwalk due to water intrusion and has placed private and public properties in
jeopardy; and
WHEREAS, due to the inability to renourish its beaches, the City has been placed in a
precarious position in the upcoming hurricane season and is subject to the risk of substantial erosion
and hurricane surge damage, which poses a serious threat to private and public property and to the
life, health, safety, and welfare of the citizens of Miami Beach, should the City experience a
significant hurricane; and
WHEREAS, engmeenng studies have shown that sand placed along beaches in
HollywoodlHallandale and in Sunny Isles has resulted in an accretion of sand along the beachfront
of the Town of Golden Beach such that the beaches in the Town do not presently require
renourishment and, therefore, have not been impacted by the federal court injunction; and
WHEREAS, the Town of Golden Beach was not required to post any bond prior to the
imposition of the injunction, and has proceeded with the instant litigation without subjecting itself
to the risks which have been imposed upon the City of Miami Beach; and
WHEREAS, improved dredge positioning technologies, and the addition of numerous
environmental safeguards designed to protect against reef damage which were not used in previous
beach renourishment projects, will be used in the pending beach nourishment project, and detailed
documentation of these improvements have been provided to the Town of Golden Beach; and
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WHEREAS, an engineering study conducted by the coastal engineering firm Coastal
Technology, Inc., specifically to evaluate the effect of dredging sand from the offshore borrow site
to the shoreline of the Town of Golden Beach, showed conclusively that there would be no
measurable increase in wave energy striking the Town's shoreline as a result of removing sand, and
that the renourishment project would, in fact, reduce the impact of future storms on the Town's
beaches; and
WHEREAS, no other sources of sand are available to renourish the beaches in Miami Beach
from other offshore sources, upland areas, or the Bahamas; and
WHEREAS, federal funds in excess of $7.0 million authorized for Hurricane Andrew
rehabilitation ofthe beaches will be lost with ongoing delays in project implementation; and
WHEREAS, continued erosion of areas targeted for renourishment within the City of Miami
Beach will also eliminate, or decrease the quantity and quality of suitable nesting areas for four
species of endangered or threatened sea turtles.
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 of the City of Miami Beach hereby urge the Town of Golden Beach and the
other party plaintiffs in Town of Golden Beach et at. v. District Engineer. U.S. Army Cows of
Engineers. etc. to cease and desist from continuing with this litigation and to cooperate with the
Army Corps of Engineers and Metropolitan Dade County in implementing an immediate plan for
the renourishment of the beaches within the City of Miami Beach.
AND BE IT FURTHER RESOLVED that copies of this Resolution be provided to the U.S.
Army Corps of Engineers, Metropolitan Dade County, Florida, the Trustees of the Internal
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Improvement Fund of the State of Florida, the Dade Delegation to Tallahassee and its Congressional
Delegation, and all legal counsel for the respective parties in order that all parties to the litigation
and the public in general be apprised of the critical nature ofthe problem facing the City and other
coastal areas south of the Town of Golden Beach.
PASSED and ADOPTED this 7th
ATTEST:
J<,o~~ flkc..k
CITY CLERK
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MA YOR
FORM APPRO'I,r-u
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Date .!jJ./tJ6
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
T elecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. -J ?v - g to
DATE: FEBRUARY 7,1996
SUBJECT:
MA YOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
MURRAY DUBBIN I h (; ,. /I ~
CITY ATTORNEY1){ ~
JOSE GARCIA-PEDROSA !hI
CITY MANAGER fI
TOWN OF GOLDEN BEACH. BIODIVERSITY ASSOCIATES. THE
AMERICAN LITTORAL SOCIETY. INC.. RICHARD JACKSON. AND
DONALD J. DUERR V. DISTRICT ENGINEER. U.S. ARMY CORPS OF
ENGINEERS. U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF FLORIDA, CASE NO. 94-1816-CIV-UNGARO-BENAGES
TO:
FROM:
Pursuant to the request of Commissioner David Pearlson, the attached Resolution is
submitted for your consideration. This Resolution urges the Town of Golden Beach and the other
party plaintiffs in the above-referenced case to dismiss their action and to cooperate with efforts to
proceed with the beach renourishment project which was halted due to the injunction imposed by
the federal court.
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AGENDA
ITEM
R~b
2-7-Cj0
DATE
1700 Convention Center Drive - Fourth Fl~r - Miami Beach, Florida 33139