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HomeMy WebLinkAboutSubmittal-Gary Miliano-Resolution of the Board of Tropical Audubon SocietySubmitted into the public record for itenp(s) ni on [15 / 1 City Clerk Resolution of the Board of Directors of Tropical Audubon Society November 15, 2018 Re: City of Miami Commission Public Hearing Resolution 4 License Agreement with Event Entertainment Group, Inc. for an Annual Ultra Music Festival at the Marine Stadium and Virginia Key Beach Site. WHEREAS, Tropical Audubon Society has long believed that public hearings and citizen participation are key to building long-term, sustainable communities; and WHEREAS, the City is proposing to enter into an agreement with Event Entertainment Group, Inc. for an Annual Ultra Music Festival at the Marine Stadium and Virginia Key Beach Site; and WHEREAS, the proposed Event Entertainment Group, Inc. agreement is in conflict with the 2010 Virginia Key Master Plan overarching themes of preservation and enhancement of natural areas ; and WHEREAS, Pursuant to City Ordinance 13583, the Virginia Key Advisory Board (VKAB) is tasked with advising and making recommendations to the City commission with respect to "the mission, vision, business plan, governance and operation of Virginia Key, its abutting property and basin, and the implementation of the 2010 Virginia Key Master Plan as it relates to the entirety of Virginia Key"; and WHEREAS, Section 2-1192 of the City Code details the purpose, powers, and duties of the Virginia Key Advisory Board which include, but are not limited to, the review of all information pertaining to the governance of Virginia Key, items relating to short and long term vision of the island business'models and future plans for the island, as well as serve in an advisory capacity to the City Commission as it pertains to City laws, rules, regulation, practices and policies that effect Virginia Key; and WHEREAS, on March 20, 2017, the City Manager distributed a Memorandum to all Department Directors that all agenda items pertaining to Virginia Key are 500- S\1\*\�al - at•NI \\01001\0-0\\i\-11A A \\.„ Submitted into the public record fo,r ite�y n(s) ? t. 4 on 11/ l5 ! lK . City Clerk presented to the Virginia Key Advisory Board before being placed on a City Commission agenda. The Department or Sponsor of the agenda item will be responsible for scheduling and presenting the item to the Virginia Key Advisory Board; and WHEREAS, a presentation to the Virginia Key Advisory Board has not been scheduled, and therefore the Board has not had an opportunity to evaluate the proposed agreement with the Event Entertainment Group, Inc.; and WHEREAS, the City Commission voted to terminate the agreement with the Large Scale Loud Multi -Day Ultra Music Festival at Bayfront Park for the following reasons: NOISE, loud enough to shake dishes in neighboring homes and keep residents up at night, EXTENSIVE SETUP, preparation and teardown closes the park space for 115 days; and WHEREAS, The 700 acres of Bill Sadowski Critical Wildlife Area, directly north of Miami Marine Stadium on Virginia Key, has been identified by the Florida Fish and Wildlife Conservation Commission as an important year-round foraging area for shorebirds and wading birds; and WHEREAS, According to the U.S. Geological Survey Breeding Bird Atlas, sixty bird species breed in Virginia Key Beach Park, Bill Sadowski Critical Wildlife Area and other areas on or around Virginia Key, including three with State Threatened designation (Little Blue Heron, Tricolored Heron and White -crowned Pigeon) and one with State Species of Special Concern designation (Osprey); and WHEREAS, Data collected and compiled by Cornell University's School of Ornithology, 208 bird species have been recorded in and around Virginia Key Beach Park, including one species with Federal Threatened designation (Piping Plover - present in area August -April), nine with State Threatened designation (Black Skimmer, Wood Stork, Little Blue Heron, Tricolored Heron, Reddish Egret, Roseate Spoonbill and White -crowned Pigeon — all present in area year-round, Red Knot - present in area in April and from August -October, and Least Tern - present in area from May -July) and one with State Species of Special Concern designation (Osprey - present in area year-round); and Submitted into the public record for iteip(s) [ i‘. It on 11 i 1 5 / City Clerk WHEREAS, research studies have clearly demonstrated the negative impacts to bird breeding success due to excessive noise in the vicinity of nesting areas, including abandonment of these nesting areas; and NOW, be it therefore resolved that Tropical Audubon Society opposes the proposed City of Miami agreement for an Annual Ultra Music Festival at the Marine Stadium and Virginia Key Beach Site with Event Entertainment Group, Inc. This resolution violates City Ordinance 13583, the March 20, 2017 City Manager Memorandum to Department Directors, and the Virginia Key 2010 Master Plan. In addition, the documented excessive loud music associated with the proposed event will negatively impact the birds and wildlife within the adjacent Critical Wildlife Area and throughout the Virginia Key natural areas. ON BEHALF OF THE BOARD OF DIRECTORS OF TROPICAL AUDUBON SOCIETY CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record fo ite (s 0.4 on 11 ) ) . City Clerk TO: Department Directors FROM Daniel J. Alfons City Manager DATE: March 20, 2017 SUBJECT: Virginia Key Advisory Board Item Review REFERENCES: ENCLOSURES: Virginia Key Advisory Board Ordinance No. 13583 Pursuant to City Ordinance Number 13583, the Virginia Key Advisory Board is tasked with advising and making recommendations to the City Commission with respect to "the mission, vision, business plan, governance, and operation of Virginia Key, its abutting property and basin, and the implementation of the Virginia Key 2010 Master Plan as it relates to the entirety of Virginia Key." Section 2-1192 of the City Code details the purpose, powers, and duties of the board which include, but are not limited to, the review of all information pertaining to the governance of Virginia Key, items relating to the short and long term vision of the island, business models and future plans for the island, as well as serve in an advisory capacity to the City Commission as it pertains to City laws, rules, regulation, practices, and policies that affect Virginia Key. Please ensure that effective immediately all agenda items pertaining to Virginia Key are presented to the Virginia Key Advisory Board before being placed on a City Commission agenda. The Department or sponsor of the agenda item will be responsible for scheduling and presenting the item to the Virginia Key Advisory Board. The Virginia Key Advisory Board's meetings are held the fourth Tuesday of every month in City Hall Chambers at 5:30 p.m. Please contact board liaison, LaCleveia Morley, at (305) 416-1332 or at Imorlev@miamigov.com to have your item placed on the Virginia Key Advisory Board agenda. Should you have any questions, please feel free to contact me at (305) 416-1025. CC: Mayor Tomas Regalado Commissioner Wilfredo "Willy" Gort — District 1 Commissioner Ken Russell — District 2 Commissioner Frank Carollo — District 3 Commissioner Francis Suarez — District 4 Commissioner Keon Hardemon — District 5 Victoria Mendez, City Attorney Todd Hannon, City Clerk City of Miami Legislation Ordinance: 13583 Submitted into the public record fgr ite (s) on \\ / 15 / y Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamlgov.com File Number. 15-01566 Final Action Date:1/14/2016 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY ESTABLISHING THE CITY OF MIAMI VIRGINIA KEY ADVISORY BOARD, TO ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING THE MISSION, VISION, BUSINESS PLAN, GOVERNANCE, AND OPERATION OF VIRGINIA KEY, ITS ABUTTING PROPERTY AND BASIN, AND IMPLEMENTATION OF THE VIRGINIA KEY 2010 MASTER PLAN AS IT RELATES TO THE ENTIRETY OF VIRGINIA KEY; STATING THE BOARD'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT, QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") Includes the Biscayne Bay jewel known as Virginia Key within its borders; and WHEREAS, on July 22, 2010, the City Commission adopted Resolution No. 10-0331, approving in principle, the Virginia Key Master Plan (°2010 Master Plan"); and WHEREAS, the City seeks a unified planning mechanism for the entire island of Virginia Key implementing the many elements of the 2010 Master Plan as it relates to the entirety of the island; and WHEREAS, the Commodore Ralph Munroe Miami Marine Stadium ("Miami Marine Stadium" or "Marine Stadium") is a marine stadium on Virginia Key of great architectural merit designed by the renowned architect Hilario Candela which has received intemational recognition for its design and is designated as a historic resource; and WHEREAS, the City and others are interested in developing a long range plan for the restoration, reopening, and promotion of Mlami Marine Stadium and Virginia Key; and WHEREAS, the City Commission has deemed it necessary to create a Virginia Key Advisory Board to study the mission, vision, business plan, governance and operation of the Miami Marine Stadium, the abutting property and bash, and the entire Island; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as If fully set forth in this section. Section 2. Chapter 2/Article Xl of the Code of the City of Miami, Florida, as amended, is amended City of Mlaml Page 1 of S File Id: 15-01 S66 (Version: 2) Printed On: 2 2/2016 Fife Number: 15.01686 Submitted into the public record fo ite s) 4 N , 4 on `\ 15. City Clerk Enactment Number: 13583 in the following particulars:{1} "CHAPTER 2 * * * ARTICLE Xl. BOARDS, COMMITTEES, COMMISSIONS DIVISION 13.5. - RESERVED VIRGINIA KEY ADVISORY BOARD Sec. 2-1190 - Established. There is herebv established a board to be known as the "Virginia Key Advisory Board* which shall be hereinafter referred to as the "Board". Sec. 2-1191. Membership, Composition. Appointments. Qualifications, Minimum Attendance Reauirements, Removal. Appointment to Fill Vacancies. and Term. (a) Membership. Composition, Appointment, and Qualifications. The Board shall consist of thirteen (13) members as follows: (1) The Citv Commissioner of District 2 shall appoint one (1) person to serve. Such person shall be a City resident, work in the City. or own real property in the City. f2) One (1) person shall be designated by the Mayor. Such person shall be a City resident. work in the City, or own real property in the City. (3) One (1) person shall be the Director of the Department of Real Estate and Asset Management. (4) One (1) person shall be the Director of the Department Parks and Recreation. (5) One (1) person shall be designated by the Village of Key Biscayne Village Council. (6) One (1) person shall be designated by the Miami -Dade County Commissioner for District Seven (7). (7) One (1) person shall be designated by the Dade Heritage Trust. (8) One (1) person shall be designated by the National Trust for Historic Preservation. (9) One (1) person shall be appointed by the City Commission at -large. In addition to the membership criteria in Section 2-1191(a). such person shall have a demonstrable interest or expertise in recreational boating. (10) One (1) person shall be designated by the Urban Environment League of Greater Miami. (11) One (1) person shall be designated by the Tropical Audubon Society. (12) One (1) person shall be designated by the Sierra Club. f 13) One (1) person shall be designated by the Historic Virginia Kev Beach Park Trust. All members. with the exception of those members appointed pursuant to Subsections 2-1191(a)(3) and (4), shall be voting members and be invested or interested in the City and in Virginia Key and serve without compensation. With the exception of those members appointed pursuant to Subsections 2-1191(a)(3) and (4), persons so selected shall become members of the Board when confirmed by the City Commission. Those enumerated City employee members in Subsections 2-1191(a)(3) and (4) shall serve in an ex-officio capacity. No alternates shall be appointed. (b) Minimum Attendance Requirements. It is expected that all members of the Board shall attend every meeting. Absences and City of Miaml Page 2 of 5 Pile Id: 1541566 (Version: 2) Printed On: 2/2 2016 Submitted into the pubic record forite (s on 1 City Clerk Rie Number: 15-01588 Enactment Number:: 13583 attendance requirements for City appointees shall be governed by City Code Section 2-886. The Board shall meet every other month unless required to meet on a more frequent basis to fulfill the requirements of Sections 2-11920) or (i). (c) Removal. The City Commission shah have the Hower to rerr finding of cause. (d) Vacancies. Any vacancy that occurs on the Board, whether automatically, by vote of the City Commission, or by resi�natlon of the member. shall be filled pursuant to the terms of Section 2-1191(a). (e) Waiver. The City Commission shall have the power to waive any of the requirements of Section 2-1191 of the City Code. as amended, by four -fifths vote of its membership or a unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension. or physical incapacit ton, (f) Term. With the exception of the Director of the Department of Real Estate and Asset Management and the Director of the Department of Parks and Recreation, all members shall serve a term of two (2) years. Board members shall continue to serve until their successors have been appointed and qualified. nv member__by majority_vote_withouta Sec. 2-1192. Purpose, Powers, and Duties. The purpose, powers. and duties of the Board. relative to the entirety of Virgjnia Key, are: (a) To review any and consider all available information pertaining to the best mode of governance for Virginia Key (b) To review and consider what the short and long term vision will be for the Marine Stadium as to its restoration, development, function. use, role and contribution to the City and the community in general; (c) To oversee and guide ail island wide land in relation to recreation, thematic integration, sustainable transportation, impact of climate change, as well as natural and manmade features following the 2010 Master Plan; (d) To review and consider the best business model for the Marine Stadium to operate in a mariner which enriches the City and the community in the arts. recreation. culture. sports and education while operating sustainable and generating sufficient revenues over expenses so that it will function like an enterprise fund which will not need to access the general operating budget of the City on a recurring basis; (e) To review and consider the planning, maintenance, and operational challenges for Virginia Key in terms of the kinds of open spaces, events, shows, features, goals, obiectives and promotions that are consistent with the 2010 Master Plan; (f) To hold public hearings. public meetings or public workshops to receive and to discuss public input, and to formulate any recommendations, findings or recommendations of the Board; (q) To issue a written report that is made available to the public and make a presentation before the City Commission by the Board's chairperson at least once per year making recommendations regarding all or any of the foregoing matters and related issues and concerns; (h) To serve In an advisory capacity to the City Commission and recommend any changes to City laws, rules, regulations. practices, policies, or to help the City better promote the restoration, reopening, and success of Marine Stadium and Virginia Key; (i) To review and recommend to the Director of the Planning and Zoning Department for City of Mituni Page 3 of 5 Pile Id: 15-01566 (Version: 2) Printed On: 2/2/2016 Re Number: 15-01586 Submitted into the public record for itejm(s)N, t` on \\ 115 / I1 . City Clerk Enactment Number: 13583 approval or disapproval of applications for any zoning change or future land use plan ("FLUM") amendmentto the comprehensive plan on Virainia Key; and (i) Notwithstanding anything contrary in Chapter 18 of the City Code, to review and recommend to the City Manger for approval or disapproval of any procurement. as defined in Section 18-73 of the City Code. es amended. that exclusively affects )Cirs�inia_Kev. Sec. 2-1193. Officers; Rules of Procedure; Meeting; Quorum; and Public Notice. (a) At the initial organizational meeting. the members offfie Board shall select and designate a Chairperson and Vice -Chairperson from among the members of the Board who shall serve at the pleasure of the Board. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various subcommittees of the whole. (b) The Board shall use Robert's Rules of Order as the rules for the conduct of their official business, provided, that in addition, the Board may adopt its own order of business and rules of procedure governing its meetings, and take actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein. which rules of procedure. if adopted. shall be filed with the City Clerk. The Board and any executive committee or subcommittee, if applicable. shall comply with all requirements of Chapters 119 (Public Records) and 288 (Sunshine Law). of the Florida Statutes. The minutes of each meeting shall be promptly made available by the City Clerk and such records shall be open to public inspection. (c) Ali meetings of the Board shall be noticed and open to the public. The public shall be encouraged to submit oral and written comments to the Board. At all meetings, a minimum of fifty percent (50%) plus one (1) of the members who are present shall constitute a quorum for the purpose of convening any meeting or conducting any business. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present at any meeting is required for any action to be taken by the members. Sec. 2-1194. Legal Counsel. The City Attorney shall serve as legal counsel to the Board and shall provide legal advice on all matters considered by the Board. Sec. 2-1195. City Manager. It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for administrative necessary support to the Board. including assignment of a particular person to act as liaison and Secretary to the Board. The City Manager may participate in deliberations of the Board and may give technical and poticv advice to the Board as requested, Secs. 2-11908-2-1200. - Reserved. * #" Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2) aiy of Miami Page 4 of 5 File ld: 13-01566 (Version: 2) Printed On: 2/2/2016 Submitted into the public +f record for itelp(s) on , \! I S / ) 4 . City Clerk File Number: 16-01566 Enactment Number: 13583 Footnotes: {a; Words-and/or-figures-str-icken-through-shall-be-deleted:-Underseored-words-and/or-figures-shalt-be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. (2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of S File Id: 15-01566 (Version: 2) Printed On: 2/2/2016