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October 14 2025 Minutes with LTC City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Marine and Waterfront Protection Authority Members: Ben Mostkoff – Appointed by Commissioner Laura Dominguez Elaine Roden – Appointed by Commissioner Kristen Rosen Gonzalez Julio Magrisso – Appointed by Commissioner Kristen Rosen Gonzalez Tim Carr – Appointed by Commissioner Mark Samuelian Amy Litos- Appointed by Commissioner Alex Fernandez Mike Gibaldi – Appointed by Commissioner Tanya K. Bhatt John Gardiner- Appointed by Commissioner David Suarez Jose Frias- Appointed by Commissioner David Suarez Chad Braver- Appointed by Commissioner Joseph Magazine Please see (https://www.miamibeachfl.gov/city-hall/city-clerk/boards-and-committees/marine- waterfront-protection-committee/) for video recording of Board meeting. (See 2min:06sec to 9mins:18sec) for Board member “Minute of Sunshine” comments. The meeting of the Board of Directors was held October 14, 2025, at 9:00 a.m. via zoom and City Manager Large Conference Room. The Chairman called the meeting to order at 9:01 a.m. The attendees were as follows: Board Members: Chad Braver, Ben Mostkoff, Amy Littos, Tim Carr, Jose Frias, Mike Gibaldi, John Gardiner and Elaine Roden Absent: Julio Magrisso – Attended via Zoom City Staff: Brandon McLean – Code Compliance, Liaison Sergeant Javier Fernandez – City of Miami Beach Marine Patrol Lindsey Precht – Environmental and Sustainability, Assistant Director John Noris – Public Works, Director Public: Fabian Basabe – State Representative Larry Shafer Micheal Alvarez Robert Rabinowitz Omar Jimenez Meeting called to order at 9:01 am by Chairman, Ben Mostkoff. UNFINISHED/OLD BUSINESS a. Marine Patrol update and discussion by Sergeant Javier Fernandez, City of Miami Beach Marine Patrol General Updates: • The 30-day anchoring within a 6-month period is still in full effect. Enforcement began in the northern bend of Indian Creek, where the vessel count has been reduced from 20 to 6 with further reductions expected. A second enforcement round is underway at the Marine Patrol Station, where vessels are being tagged and cited once they exceed the time limit, and many boaters have voluntarily relocated after learning of enforcement efforts. Once Sunset Harbor is completed, they will move to the West Avenue area and then address the remaining abandoned vessels near Monument Island. Unclaimed or unoccupied boats will be towed and destroyed, if in good state they can be auctioned. • Beginning November 15, enforcement of Manatee Zone (slow speed) regulations will resume. There is ongoing clarification regarding newly installed idle-speed signage north of the MacArthur Causeway, as certain signs were placed facing the wrong direction. • Upcoming coordination for ReefLine deployment, scheduled around October 20– 28, 2025, to ensure safety and notification to mariners. b. Information and Update on 77th Street Sewer Line Failure by John Norris, Public Works Director (20:55 – 1:00:16) • Public Works Director John Norris provided an update on the October 4th sewer line break near Biscayne Beach Elementary. He explained that a 16-inch force main running beneath the school field failed, resulting in wastewater entering the stormwater system and ultimately discharging into Biscayne Bay. City crews responded quickly with emergency repairs, restoring functionality and working closely with Miami-Dade County to ensure compliance and coordination. Norris noted that the parcel is co-owned by the City and Miami-Dade Public Schools, which creates additional procedural requirements for long-term improvements. He informed the Board that ongoing assessments are underway to determine the full extent of infrastructure upgrades needed and that further updates will be brought back as the evaluation progresses. c. Update on Monument Island, “The Health of Biscayne Bay” and Park View Canal by Lindsey Precht, Environmental Assistant Director • Lindsey Precht began her update during Johns Norris presentation, she reported that post spill water samples taken from the day after the break showed elevated fecal coliform and enterococci levels, by Monday levels had dropped by several magnitudes, this indicated contamination had quickly flushed from the canal. Precht noted that king tide and rainfall events continue to cause fluctuations in readings. Samples conducted in six sites, including the break location, Park View Island and Fairway Drive, track upstream and downstream movements. Results showed Tatum Waterway and Fairview Drive • Lindsey explained the scope and purpose of the city’s water testing, clarifying the roles of DERM and FDOH, referenced county Bay Run Data, and provided a clear picture of reginal water quality trends, improved nitrogen/phosphorus levels but worsening chlorophyll-a (algal growth) across Biscayne Bay. d. Decal Update by Brandon McLean, Code Compliance • Brandon McLean reported that vessel decals were being distributed only to boats with valid BTRS, with a $10 fee and a QR code for verification. The Board discussed confusion about which operators require decals, including non-charter users, and requested clarification from the Finance Department. Open Discussion 1. Motion to approve September 9, 2025, minutes. Motion Passed unanimously 2. Rescheduling the November 11 meeting which lands on Veterans Day to be the following day Wednesday November 12. 3. Omar Jimenez, President of Park View Island Sustainable Association, presented a draft Letter to Commission (LTC) for the immediate action on the failing infrastructure of the North Beach sewer system. The motion was passed after an extensive discussion regarding urgency, accuracy and timing of submission, with six members in favor and two against. 4. State Representative Fabian Basabe joined to express support for the MWPA’s effort and encourage collaboration with the State and City agencies to address concerns. 5. The board reviewed and unanimously voted in favor of BTR application for Biscayne Bay Paddle Board & Kayaks. 6. Former Board member Robert Rabinowitz thanked the Board for their work and raised concerns about party boats, speeding vessels and abandoned floating structures along Indian Creek in Mid-Beach. He requested stronger enforcement and BTR oversight. Brandon McLean responded with the confirmation of regular inspections are conducted and provided contact information for reporting issues. Meeting adjourned at 12:06 pm Subject: Urgent Action on Failing Sewer Infrastructure and Chronic Water Quality Violations We ask the Marine and Waterfront Protection Committee to urge the City of Miami Beach to take immediate and prioritized action to address the ongoing failures of the City’s wastewater infrastructure and the resulting chronic water quality violations in Biscayne Bay. 1. Urgent Triage and Replacement of Critical Sewer Infrastructure The recent sewer line break near 800 77th Street, which prompted another “No Swim” advisory for waters around 77th Street, Tatum Waterway, and Park View Island , underscores the critical state of the City’s aging sewer system. Much of this infrastructure is well past its planned useful life, and repeated breaks have become a regular occurrence. These failures not only threaten public health and Biscayne Bay’s ecological integrity but expose the City to significant legal and financial liabilities. 2. Chronic Water Quality Violations and Legal Exposure For over five years, segments of Miami Beach’s waterways have persistently exceeded federal, state, and county standards for Enterococcus bacteria, violating: • Federal Clean Water Act (33 U.S.C. § 1311 & § 1365): Repeated unauthorized discharges of untreated sewage into waters of the United States expose the City to citizen suits, injunctive relief, and civil penalties. • Florida Environmental Protection Act (§403.412, F.S.): Any citizen may bring suit in state court to compel compliance with environmental laws. • Miami-Dade County Code Chapter 24: Prohibits the discharge of sewage and pollutants into county waters and empowers enforcement for sanitary sewer overflows and water quality violations. • Florida Administrative Code 62-302 & 62-604.550: Establish bacterial water quality criteria and sanitary sewer overflow reporting requirements, which have repeatedly been triggered by the City’s system failures. 3. Health Risks and Loss of Public Access to Biscayne Bay Chronic contamination has led to long-standing “No Contact with Water” advisories, rendering parts of Biscayne Bay unswimmable for years and threatening both public health and equitable access to the waterway. Elevated Enterococcus levels pose risks of gastrointestinal illness, skin infections, and other health impacts, particularly for residents and visitors using the waterways for recreation. 4. Legal and Financial Risks Continued inaction places the City at substantial risk of: • Federal Clean Water Act citizen suits after the required 60-day notice, seeking injunctive relief and penalties. • State court actions under §403.412, F.S., to compel infrastructure upgrades. • Costly consent decrees or administrative orders from FDEP or EPA mandating upgrades under strict timelines. • Reputational harm and potential impacts to tourism and property values associated with unsafe waters. Recommendations We strongly urge the City to: 1. Prioritize immediate triage and replacement of the most critical and failure-prone segments of the wastewater collection system. 2. Develop and publish a clear, time-bound capital improvement plan to bring sewer infrastructure into compliance. 3. Increase transparency by publishing water quality test results and sewer break data in real time. 4. Engage external technical experts to ensure the City is meeting or exceeding regulatory requirements. Biscayne Bay is a treasured public resource. Repeated sewage spills and chronic water quality violations are unacceptable and legally indefensible. Proactive investment in infrastructure now will prevent forced compliance later—at far greater cost. Thank you for your consideration, Omar Jimenez, President - Park View Island Sustainable Association City of Miami Beach Commission Candidate - Group 1