HomeMy WebLinkAboutSubmittal-Laura Reynolds-Letter to Protect Biscayne BayTropical Audubon Society The Voice of Conservation in South Florida
Presides It
Jose Francisco Barros
Honorary Director
Roger Hammer
Board of Directors
Alan Steinberg
Brian Rapoza
Lewis Milledge, Esq.
Gary Hunt
Rafael Gave_
Elizabeth Smith
Katy Sorenson
;,chard Cohen
Pil1r Rodriguez
Jaime Raich, Esq.
Conde
Gary Milano
Martin Jensen
Sonia Succar Ferre
Advisory Board
Dennis 011e, Esq.
David Pearson
Dr. Thomas E. Lodge
George- Gann
Executive Director
Laura Reynolds
: A. 2 Lima
May 6th, 2014
Honorable Mayor Tomas P. Regalado and Commissioners
City of Miami Commission
3500 Pan American Drive
Miami, Florida 33133
RE: Protecting Biscayne Bay for the Public Interest PUBLIC RECORD FOR
Dear Mayor Regalado and Commissioners,
TEM RE.39 ON,5ii±L_ .
Thursday May 8, 2104 will have Resolutions 9-11 (14-00422, 14-00430, 14-00431) before you
on the subject of submerged land and Watson Island expansion. We urge you to deny their
passage as it puts the Biscayne Bay Aquatic Preserve Resources at risk. The chief reason is
that the environmental mitigation calculations are outdated. They are based on data from
2004 and it is highly likely that an entire decade later there are now greater seagrass
impacts. A new survey must be done before proceeding.
In addition, rent the city would receive is based on a 2002 appraisal valuing the land at
approximately $30 million while the actual value today is closer to $110 million. The city
becomes obligor to the state liable to pay 15% itself, taking on the risk for the state and
eliminating the direct obligation of the private party. The project could get started and fail
and the city would still be responsible to the state. The City of Miami ends up underwriting a
private venture, not only without a public benefit, but at a Toss to the taxpayers. It is not a
fair deal for the City of Miami. Your decision on the Resolutions in question should be based
on up to date accurate information. You should demand more up to date information to
review on both mitigation and property values before a vote is taken.
Please also consider the following facts as you review this information for Thursday's vote:
1. The Deed restrictions described in what the state had issued the city are as follows:
"...never sell or convey or lease the land or any part thereof to any private person, firm or
corporation for any private use or purpose, it being the intention of the restriction that said lands
shall be used solely for public purposes, including municipal purposes and not otherwise."
"...not give or grant any license or permit to any private person, firm or corporation to construct
or make by any means, any islands, fills, embankments, structures, buildings or other similar
things within or upon the...lands for any private use or purpose, as distinguished from any public
or municipal use or purpose."
Removing these restrictions would violate public trust and undermine the decisions that were
made by the state to protect the Aquatic Preserve.
Tropical Audubon Society 15530 Sunset Drive Miami, FL 33143 I (305) 667-7337 I www.tropicalaudubon.org
11-1-00Li'n — Sue. T-r L- Lau r0, gero\c1S - L�-** x -*o ( oteC+'jlsCc9r`i C v3
Submitted into the public
record in connection with
iteme-6.9 on SISi1��
City Clerk
Tropical Audubon Society The Voice of Conservation in South Florida
2. Fla Statute Section 258.397 Biscayne Bay Aquatic Preserve clearly states that any pier, dock,
marina or maintenance facility, navigation channel or access road must be constructed in such a
way that the project will not adversely affect water quality and utility of the preserve.
3. For projects within the Biscayne Bay Aquatic Preserve, the Applicant must demonstrate that pursuant
to Rule 18-18.005 and 18.8006:
- proposed dredging is designed to minimize the need for maintenance dredging; no new lands will
be created by filling or spoiling unless no other alternative exists to accomplish the stated purpose,
and project is designed to require the minimum filling to accomplish the stated purpose of the
activity consistent with the protection of the preserve;
- an extreme hardship exists for the applicant
- use, sale, lease or transfer of interest are in the public interest; and
-that the project planned in conjunction with the use, sale, lease or transfer of interest in consistent
with these rules and management plans when developed for the preserve.
In this case, the project is not a public necessity nor is it in the best public interest. Therefore, it would not
receive a waiver from the state to lift the deed restrictions specifically put in place to protect the Biscayne
Bay Aquatic Preserve.
Your decision this week is an important one. Sufficient biological assessment of this area has not been
conducted. Many proposals to develop this land have been attempted in the past and have failed to move
forward due to the sensitive nature of Biscayne Bay and the value of its health to the City of Miami's
economic prosperity. We must continue to protect our healthy waterways in order to maintain our status as
a world class tourism destination. Please do not put Biscayne Bay or its associated draw for Miami tourism,
fishing, and recreational activities in jeopardy.
I respectfully request that at the City of Miami Commission meeting on May 8, 2014 that you deny approval
of Resolutions 9, 10, and 11 to protect the welfare of Biscayne Bay and the associated economic contribution
it represents for the city. I would like to meet with you to discuss this further tomorrow Wednesday May 7th
if you are available. Susan Shapiro is trying to arrange this meeting. She can be reached at
biscbaycoalition@tropicalaudubon.org or via cell: 305-793-4763.
Sincerely,
tr:24"":R471.441--
Laura Reynolds
Executive Director
Tropical Audubon Society 15530 Sunset Drive Miami, FL 33143 I (305) 667-7337 I www.tropicalaudubon.org