Residents of the South of Fifth (“SoFi”) neighborhood, including members of the condominium association at the ICON, Murano Grande, Murano Portofino, and Yacht Club at Portofino, have expressed concerns over recurring issues at the Miami Beach Marina, the Baywalk and the Marina-related parking garages, much of which is believed to have arisen as a result of a significant increase in charter boat activity at the Miami Beach Marina over the last few years.

On October 26, 2022, at the request of then Commissioner Meiner, the Mayor and City Commission approved the referral of item C4 X, to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to discuss the residents' concerns, as well as any and all regulatory or contractual options which may be available to the City to improve the situation and address charter activity at the Marina.

Subsequently, a meeting was held on November 3, 2022 between City staff, Commissioner Rosen Gonzalez, and several members of the South of Fifth Neighborhood Association (SOFNA). Overall, there were four (4) major points raised:

• The elimination/significant curtailment of the charter program;
• Increase security coverage;
• Return all parking in the condo garages to Suntex boat slip holders only and not allow these parking spaces to be open to the public; and
• Overall condition of the retail property and Baywalk.

This item was initially discussed at the November 30, 2022 PSNQLC meeting. During the meeting, Michael Greico (representing Suntex Marina at the time) advised that Suntex Marina is reviewing the designation of parking spaces under its Agreement and is not objecting to converting some of those parking spaces back to Marina control (i.e. slip owners only, surface parking spaces for residents only, etc.). It was also noted that Suntex has taken measures to mitigate the disruptive behavior observed by residents and unruly charter operators, including terminating leases and revoking the renewal of leases of various charter operators contributing to the concerns raised.

Commercial vessel operators have also been seeking a positive change and control of the unacceptable behavior resulting from a small group of charter operators and/or patrons. At this meeting, it was concluded that the burden of these issues remains on Suntex to resolve by providing solutions to enhance the current operations of the charters as well as addressing the parking situation in the condos' garages. The sponsor requested to bring the item back to PSNQLC to allow some time for Suntex to conceptualize solutions and address the issues.

At the February 28, 2023 PSNQLC meeting, this item was again discussed. At the request of Commissioner Rosen Gonzalez, Suntex was directed to provide an electrical engineer report with resolution to the electrical shutdowns during the King Tide season.

As a result, on March 10, 2023, a site inspection of the Marina was conducted with the Building Department's Chief Electrical Inspector, the Asset Management Division, Suntex Marina General Manager and Marina personnel to review the reports of the Miami Beach Marina shutting down electrical power to the docks during King Tides. Suntex retained Marina Electrical Equipment, Inc. to conduct an inspection and provide a report on these conditions with recommendations (Exhibit A). The following topics were also discussed during the meeting:

• Suntex's General Manager explained the issue of the King Tides is not related to the actual docks, but rather three (3) Baywalk electrical manholes (see attached photos - Exhibit B).

• When the tide rises and overflows onto the Baywalk during the King Tides, there are times these three (3) manholes become submerged. If there are exposed/spliced cables, it may cause a trip to the system. This is only pertaining to the manholes that feed Docks J, K and L. All other docks are not affected by the high tide due to their elevation.

Several efforts have been made to curtail the charter boat activity at the Marina. On April 28, 2023, the City’s Mayor and Commission adopted Ordinance No. 2023-4550 to limit the hours of operation for commercial vessel activity at publicly owned marinas and marine facilities with an effective date of May 8, 2023.

Several requests were also made to update the Marina’s premises. Subsequently, on May 24, 2023, a Letter to Commission (“LTC”) #239-2023 (Exhibit C) was issued at the request of Commissioner Kristen Rosen-Gonzalez to provide an update on the improvements conducted by Suntex. Suntex has taken measures to remedy the deficiencies identified.

Suntex has divided the projects into two (2) phases. The following is an update since the issuance of the LTC:

PHASE 1 (Items that were contracted by year-end 2023):

• Landscaping - design/install irrigation and new foliage. Completed. 
  Up lights in trees - Completed.

• New signage package throughout the marina and gates – In Progress.
• Awnings on the main building updated – Completed.
• Planters, trash receptacles, and accessories updated and changed out – In Progress.
• Painting of exterior surfaces and accents on the main building - In Progress.

PHASE 2 (Items to be completed in 2024):

• Entrance gates at each pier refurbished or replaced – Completed.
• Building interior walkways and floorings – In Progress
• Address Baywalk issues including concrete and pavers - Administration to review options with Suntex and City Planning Department.
• Improvement of electrical and lighting on Baywalk - Suntex is reviewing potential options for 2024.

• Elevator modernization - Suntex will provide a timeline and design for a 2024 Project.
  
  

The Administration continues to work closely with Suntex and the SOFNA board representatives to ensure a positive and proactive partnership to continue addressing the points that have been raised by residents. Suntex has been responsive and cooperative in addressing the repairs and maintenance items.