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HomeMy WebLinkAboutSubmittal-Peter Ehrlich-Resolution from VKAB RE Ultra Environmental Plan Reviewc� �+V,-Cti 9-r 3 Submitted into the public recMZX� A RESOLUTION OF THE VIRGINIA KEY ADVISORY BOARD ("B City Clerk ENVIRONMENTAL PLAN REVIEW RECOMMENDATIONS INCLUDE BUT ARE NOT LIMITED TO THE PLACEMENT OF SOUND DECIBEL RECORDERS AT THE MARINE STADIUM AND VIRGINIA KEY BEACH PARK SITES, THE STATIONING OF MARINE PATROL AT THE BILL SADOWSKI CRITICAL WILDLIFE AREA AND THE VIRGINIA KEY BEACH SITE, ENVIRONMENTAL MONITORS BE EMPLOYED TO MONITOR THE SITES BEFORE, DURING, AND AFTER THE EVENT TO IDENTIFY ENVIRONMENTAL PROBLEMS, THE PLACEMENT OF SOUND RECEPTORS AT THE MIAMI SEAQUARIUM SITE TO MONITOR AND PROTECT THE ANIMALS IN AT THE SITE, AND THE NOISE POLLUTION BE REDUCED BELOW THE OSHA NOISE POLLUTION RECOMMENDATION (100 dBA); DIRECTING THE BOARD LIAISON TO FORWARD A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. WHEREAS, Event Entertainment Group, Inc. ("EEG'), is hosting an electronic music festival ("Ultra Music Festival") from March 29 — 31, 2019 and the Marine Stadium Site and the Virginia Key Beach Park sites (collectively, "Event Sites") pursuant to a Revocable License Agreement ("RLA") by and between EEG and the City of Miami ("City"); and WHEREAS, EEG appeared before and presented to the Virginia Key Advisory Board ("Board") on December 18 2018, January 22, 2019, and February 26, 2019; and WHEREAS, the Board adopted a Resolution on December 18, 2019, recognizing the Miami City Commission's approval of the Ultra Music Festival without the Board's input and advice; and WHEREAS, the Board opposes the proposed City of Miami Agreement for an annual Ultra Music Festival at the Event Sites, incorporated herein by this reference as if fully set forth in this section; and WHEREAS, OSHA research indicates that human hearing can be damaged at 100 decibels for as little as one hour. The Ultra Festival decibel level at speaker is 145 dBA (115 dBA at 60 feet from source); and WHEREAS, the Ultra Environmental Plan biological surveys carried out were completely insufficient to accurately account for the seasonal abundance and occurrence of federally and state protected species. (For example, the total sum of biological surveys taken were: 1. A single aerial survey carried out on December 2, 2018. 2. Two pedestrian surveys on December 6 and December 7, 2018); and WHEREAS, manatees, dolphins, porpoises, and other marine mammals inhabit the waters of Biscayne Bay and may be stressed, disoriented, or frightened by the large amounts of noise generated by the Ultra Festival. Birds and Other Wildlife Virginia Key and its surrounding areas are home to numerous resident and migratory birds and other wildlife during the festival time period, many of which are endangered, threatened, or otherwise protected under state and federal law. As with the other wildlife identified, the Environmental Plan has few details on the effects of sound on birds or other wildlife; and Submitted into thepublic record floy it (s) 11--- on City Clerk WHEREAS, The Miami Seaquarium is in close proximity to the proposed Ultra venue and the Ultra Environmental Plan does not address the impacts of noise and light to wildlife within the Seaquarium. (Included at Seaquarium are a number of federally and state protected species, including dolphins, sea turtles, sea lions, manatees, seals, and an orca whale and sustained noise can stress marine mammals and other organisms. The environmental plan does not include monitoring of the decibel level or stress level of these captive animals); and WHEREAS, the Environmental Plan poorly defines mitigation methods that will protect the park ecosystems from the estimated 165,000 festival -goers. (References are made to security and restricted areas, but the extent of such mitigation measures are not detailed. For example, how many security personnel will be working? How will they be positioned to prevent unauthorized access to the dunes or beaches? How will Ultra prevent boaters from entering from the beaches? Why are environmental monitors only employed before and after the event, and not during? What will they be monitoring for? And how will they conduct this monitoring? If adverse environmental impacts are experienced during the festival, such as protected species deaths, how will Ultra respond? Will the music acts and light shows be stopped? If not, why not? ); and WHEREAS, the Board wishes to clarify certain terms of the RLA and submit several recommendations to EEG for its consideration and potential implementation; NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA KEY ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to the terms outlined in Section 4.5 of the RLA entitled "Sound Level," the Board strongly recommends that EEG's sound monitoring plan include a minimum of three (3) sound recorders at the Virginia Key Beach Park site and four (4) at the Marine Stadium site. The sound recorders should be set-up to have an elevation greater than fifteen (15) feet and the data collected by the recorders should be submitted to the City for its review and consideration with the terms of the RLA. Section 3. Pursuant to the terms outline in Section 4.16 of the RLA entitled "Environmental Management and Remediation Plan; Wildlife Plan," the Board strongly recommends there are sufficient Marine Patrol agents and vessels to protect all of the Bill Sadowski Critical Wildlife Area and the shoreline of Virginia Key Beach site. Section 4. The Board strongly recommends that environmental monitors be employed in sufficient numbers to adequately monitor the event spaces before, during, and after the event to identify environmental problems, as well as to protect the Critical Wildlife Area and fragile beach dune system. Section 5. The Board strongly recommends that environmental monitors have the authority and ability to stop activities at Ultra that pose a danger to wildlife, protected vegetation, and environmental quality generally. +Cd into the public imCity Clerk Section 6. The Board strongly recommends that sound receptors should be placed at the Miami Seaquarium site to monitor and protect the animals in the facility. Section 7. The Board strongly recommends that more environmental surveys be conducted from the present day to the weeks following the event to identify species at risk, develop appropriate mitigation measures, and evaluate the environmental impacts caused by the festival after the fact. Surveys should include not only the venue grounds but also the areas surrounding the venues, including forested areas. Section 8, The Board strongly recommends that the noise pollution be reduced by reducing the volume of performances below 100 dBA, and by including more physical noise barriers Section 9. The Board Liaison is directed to forward a copy of this Resolution to the members of the City Commission, Mayor Francis X. Suarez, City Manager Emilio T. Gonzalez, City Attorney Victoria Mendez, City Clerk Todd B. Hannon, and representatives of EEG. Section 10. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2019. Joe Rasco, Chairman