HomeMy WebLinkAboutSubmittal-Roger Bernstein-Letter to City ManagerSubmitted into the public
record for item(s) SP.2
on 05-06-2021, City Clerk
Virginia Key Alliance
April 5, 2021
Via Electronic Mail
Mr. Arthur Noriega
City Manager
City of Miami
City Hall, Second Floor
3500 Pan American Drive
Miami, FL 33133
Re: Life Safety Issues in the Marine Stadium Basin at Virginia Key,
Discussion Item No. 5, City Commission Meeting of April 8, 2021
Dear Mr. Manager:
First, we hope that you and your family and your colleagues are managing through this virus
craziness safely. It certainly has taken a toll on everyone and presented remarkable challenges as you
guide your City administration.
On behalf of the many recreational users that visit the Stadium basin on a regular basis — in all,
thousands of swimmers, rowers, paddleboarders, dragon -boat enthusiasts and triathletes on and in the
water each year — the Virginia Key Alliance (VKA) writes with urgency regarding the growing danger of
activities at the basin location.
There is a very toxic mix of jet -ski and motorboat traffic whose high-speed recreation is putting
peoples' lives at great risk. This is not to say that the "motorized community" does not have as much
right to use the basin as passive users, but the reckless operation of their equipment is getting worse by
the day. Moreover, COVID-19 has exaggerated this conflict, as more and more people during the past
year have found boating to be a safe outlet for pent-up frustrations.
Anecdotal evidence from conversations with jet skiers indicates that many operators have
virtually no experience, and what we believe are illegal rentals of jet skis have unleashed totally novice
operators into the basin. Last August a solo jet -ski operator lost control of his craft, crashed near the
Stadium, and was killed. What if he had rammed any of the 160 or so high-school rowers who use the
basin six days a week?
Helping protect Virginia Key. Promoting safe water and safe play.
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In fact, by law the entire basin is designated a "slow speed -minimum wake restricted area,"
pursuant to Section 50-42 of the City's Municipal Code adopted by the City Commission in April 2014. A
copy is first attached for your convenience. The daily violations of this law are egregious! Fortunately,
your administration currently is seeking the required , regulatory approval from the Florida Fish and
Wildlife Conservation Commission (FWC), which previously was not obtained, in order (at long last) to U
post signs requiring jet skiers and motorboaters to throttle down. .n N a�
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We write specifically regarding Page 10 of the agenda material for DI.5 at Thursday's City .c = 0
Commission meeting; it is second attached for your convenience. Your administration's report, o a) ,-;
City Marinas & Mooring Fields Analysis," proposes a 97-ball mooring field in the basin. VKA strongly , o
believes such a mooring field will make the basin even more dangerous than it is today. It's simply a tea, o NJ
matter of space: So large a mooring field would cram jet skiers, powerboaters and passive users into an tIS
untenably small, shared space ... and that guarantees significant injuries and perhaps more fatalities, o a
contrary to the public interest. cn o
Please consider this fact: Other than the basin, there is no other safe water in south Biscayne
Bay for passive water sports ... yet there are abundantly many places elsewhere for jet skis and
motorboats.
A similar version of the proposed mooring field was considered by the City's political leadership
in 2018. Due to overwhelming opposition by an informed citizenry, the plan was shelved. It is now back.
VKA's strong preference is to (a) shelve it again, (b) install NO mooring field at all, (c) obtain FWC's
approval for the slow speed/minimum wake signs, (d) install those signs and then (e) deploy City
personnel to enforce the law in the basin. That would make the entirety of that water safe for everyone.
Isn't that what we all want?
Alternatively, VKA has developed a smaller mooring -field plan, which is third attached for your
convenience. It contemplates 42 balls organized in two pods. There would be room on the north side of
the mooring field for a "vessel exclusion zone" accommodating only watercraft with oars or paddles.
(City Commissioners unanimously approved a vessel exclusion zone for the Dinner Key north mooring
field at their March 25 meeting, with no citizen opposition.) A small mooring field would cater to the
responsible transient sailing community, and ought to be restricted only to transient vessels which
would pay a hefty day rate. A City reservation system would include black -out dates when an open basin
is otherwise needed for special events, those dates known well in advance.
We understand that the mooring -field page in the agenda kit already has been widely
distributed. Given that this is our first communication on this issue with you, we would not expect you
to retreat from it at this moment. But VKA does wish to work with you and your DREAM colleagues to
explore whether a mooring field is even needed in the basin, and if so to determine the appropriate
magnitude that satisfies the greatest number of stakeholders. In that spirit, VKA hopes no legislative
action would occur regarding Page 10.
Thank you very much for your attention to these extremely important matters. Please do not
hesitate to contact any of us if you have any questions and/or require any additional information.
Helping protect Virginia Key. Promoting safe water and safe play.
Sincerely,
/fo�ew X get.irstehr
Roger M. Bernstein, Esq.
Co -Founder
Joyce L. Landry
Co -Founder
Leah S. Kinnaird
Co -Founder
Sunny McLean
Co -Founder
Attachments: Slow speed/minimum wake ordinance and two mooring field diagrams
CC: The Honorable Francis Suarez, Mayor
The Honorable Alex Diaz de la Portilla, Commissioner
The Honorable Ken Russell, Commissioner
The Honorable Joe Carollo, Commissioner
The Honorable Manolo Reyes, Commissioner
The Honorable Jeffrey Watson, Commissioner
Mr. Fernando Casamayor, Assistant City Manager and Interim DREAM Director
Mr. Anthony Barcena, Assistant Director for Marinas, DREAM
Helping protect Virginia Key. Promoting safe water and safe play.
City of Miami Municipal Code
Sec. 50-42. - Marine Stadium restricted area.
(a) The waters of the Marine Stadium, as described in section 53-51 of this Code, are hereby
declared to be a slow speed -minimum wake restricted area. The city shall place regulatory
markers in the restricted area pursuant to applicable Florida law.
(b) Prohibited activities. It shall be unlawful for any individual to operate a motorboat in
violation of the slow speed -minimum wake operation standard.
(c) Exemptions. The following acts shall be exempt from the regulations contained in this
section:
(1) A motorboat operating under emergency conditions during an emergency;
(2) Operation of a motorboat during a boat race, film productions for which a permit has been
issued, or other public event that is authorized in writing by the city manager or designee; or
(3) Local, state and federal law enforcement and fire department motorboats while in the
performance of their lawful duties and when such operation may be safely accomplished,
including but not limited to any applicable trainings.
(d) Penalties. A violation of subsection (c) of this section may be enforced by issuance of a
uniform boating citation by a duly authorized law enforcement officer pursuant to the procedures
set forth in F.S. § 327.73.
(Ord. No. 13448, § 2, 4-24-14)
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Submitted into the public
record for items) SP.2
on 05-06-2021, City Clerk
Marine Stadium Marina & Mooring
Virginia Key
Opportunities for Improvement
Proposed Capital Projects
• Mooring field (97 Moorings)
Additional dry slips (approx. 50)
Concrete flooring throughout
Projected NOI: $2.64M/year*
*based on proposed rate increase as well as
all projects noted above; stabilized in year 3
Additional Potential Projects
- Potential Wet Slips to be discussed
subject to regulatory approvals
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