MIAMI RIVER COMMISSION | ERIC BUERMANN, CHAIR
 Executive Committee Minutes 2007
  • Feb.20.2007
  • May.15.2007
  • Jun.15.2007
  • Jul.16.2007
  • Oct.22.2007
  • Dec.18.07

Mr. Brett Bibeau, MRC Managing Director, stated on December 14, 2007, the American Planning Association (APA) Gold Coast Section awarded the Miami River Commission (MRC) and the Metropolitan Planning Organization’s “Miami River Corridor Multi-Modal Transportation Plan” with the “Award of Merit.” Mr. Bibeau noted the APA has offered to re-present the award to the MRC during its next publicly-noticed meeting on Monday, January 7, 2008, Robert King High New Board Room, 1407 NW 7 Street.  Chair Eric Buermann congratulated the MRC for its hard work and effort.

Mr. Bibeau welcomed Mr. Mark Sell, Director of Client Services for Wragg & Casas Public Relations, Inc., whom provided an update of the Miami River Commission 2007 Report. Mr. Sell noted he is submitting a draft of the report to MRC staff, whom will forward it to the MRC members.  Mr. Bibeau noted, consistent with the previously approved agreement, he had obtained check signatures from Miami River Fund, Inc. President Philip Everingham and Vice-President Sallye Jude for half of Mr. Sell’s $4,800 fee to create the MRC’s 2007 report, and provided Mr. Sell the $2400 payment.

I.  Set Agenda for MRC’s January 7, 2008 meeting - Mr. Bibeau stated during the MRC’s December 2007 meeting, Dr. Bohnsack reported an issue to the MRC regarding Mirage Boat Manufacturer’s purchasing 3850 NW North River Drive, a formerly permitted marine industrial
site on the far upper river, yet has been unable to open the business because the Miami-Dade County Department of Environmental Resource Management (DERM) decided not to renew the site’s required Industrial Waste (IW5) permit.  Mr. Bibeau noted during the MRC’s December 2007 meeting, MRC member Richard Dubin requested the item be placed on the MRC’s agenda for further consideration.  Mr. Bibeau explained Dr. Fran Bohnsack, Miami River Marine Group, invited the Mirage Boat Builder owner Mike Hatami to the MRC Executive Committee’s publicly noticed meeting for the first agenda item “Set Agenda for MRC’s January 7, 2008 Meeting.” Mr. Hatami stated although the site’s four previous owners had obtained IW 5 permits, DERM indicated that these previous permits had been issued in error, and therefore denied renewal of the IW 5 permit for “Mirage Yacht.”  Mr. Hatami added that DERM’s denial to renew the permit has made the subject Industrial zoned parcel along the upper river unable to open a marine industrial business.  Mr. Bibeau stated this specific item / site hasn’t been placed on an MRC subcommittee agenda.  Dr. Bohnsack stated in addition to the MRC’s December 3 meeting, the item was generally discussed at a previous MRC Economic Development and Commerce subcommittee meeting, which the MRC EDC Co-Chair, Megan Kelly had also suggested be placed on a future full MRC publicly noticed agenda for a presentation and discussion in further detail.  Therefore Dr. Bohnsack suggested that Mr. Hatami’s issue be brought before the MRC for their support/recommendation during the MRC’s January 7, 2008 agenda.

Mr. Gary Winston stated it was inappropriate to discuss the details of Mr. Hatami’s issue during today’s MRC Executive Committee meeting because the specific address and issue wasn’t on the publicly noticed agenda and/or obtained prior MRC Subcommittee review, and was therefore opposed to placing the item on the January 7, 2008 MRC meeting agenda.  Mr. Bibeau noted although a specific presentation to an MRC subcommittee is standard operating procedure, the MRC has waived MRC Subcommittee review in the past (i.e. “Brickell on the River”) if the issue was deemed time-sensitive.  Mr. Richard Dubin noted he viewed the item as time-sensitive because the property owner is unable to open the proposed Mirage Boatbuilding business on the vacant riverfront site, which is zoned Industrial, because DERM hasn’t renewed the site’s previous Industrial Waste permit.  Mr. Dubin made a motion to present this item to the MRC on January 7, 2008; the motion was seconded by Vice Chair Everingham. Discussion followed.  Mr. Dubin agreed to amend the prior motion, and add the following more general agenda item to the MRC’s January 7, 2008 meeting: “Review of DERM’s permitting policy, process and procedure related to marine industrial properties on the Miami River.” The motion was seconded by Vice Chair Everingham, and was unanimously adopted.  Mr. Gary Winston directed MRC staff to invite the appropriate DERM representative(s) to the January 7, 2008 MRC meeting, noon, Robert King High New Board Room, 1407 NW 7 Street, for the agenda item.

II)  Review of Fiscal Year 2007 Audit - The Executive Board welcomed Mr. George A. Gulisano, Applelouth, Farrah & Co., whom presented the Miami River Fund Inc.’s (MRFI) Fiscal Year (FY) 2007 (July 1, 2006 – June 30, 2007) audit.  Mr. Bibeau stated all MRC Executive Board members were mailed a copy of the Miami River Fund Inc’s audited financial statements and “Required Letter of Communication” a week prior to the MRC Executive Board meeting, and provided additional copies to the board members whom didn’t bring the previously mailed version with them to the Executive Board meeting, in addition to copies of the MRFI Management Representation Letter, dated October 27, 2007, authored by Appelrouth and Farah and signed by Miami River Fund Inc (MRFI) President Philip Everingham and Brett Bibeau.

Mr. Winston asked Mr. Gulisano if the items consisted of all of Appelrouth Farah’s documents, and Mr. Gulisano replied a third letter was also generated known as the SAS 112.  Mr. Bibeau explained that Mr. Gulisano had asked him how many printed copies of the “Audit” he would like, and Mr. Bibeau requested 35 in order to have sufficient copies to provide one to each member of the Miami River Fund, Inc. and the Miami River Commission in addition to all MRC designees.  Mr. Bibeau stated he received 35 copies of the Miami River Fund Inc’s Audited Financial Statements and Required Letter of Communication, yet only one copy of the SAS 112.  Therefore Mr. Bibeau contacted Appelrouth Farah and asked why he had received only one copy of the SAS 112, and whom they recommended it be distributed to.  Mr. Bibeau stated the firm recommended Mr. Bibeau provide a copy in advance to the President and Vice President of the Miami River Fund Inc, Phil Everingham and Sallye Jude, in addition to the Chairman of the Miami River Commission, and then follow their direction regarding the further review and distribution of the SAS 112 letter.  MRC Chair Buermann and Vice Chair Everingham noted that upon their receipt of the SAS 112, they had directed Mr. Bibeau to distribute and review the Miami River Fund Inc’s SAS 112 during the next publicly noticed Miami River Fund Inc meeting, which Mr. Bibeau added would be held on Friday, January 18, 2008, 8:30 am, Offices of Moore & Company, 355 Alhambra Circle. Miami River Commission Executive Board member designees Mr. Winston and Mr. Ruano asked for copies of the Miami River Fund Inc’s SAS 112, and Mr. Bibeau distributed copies of the additional SAS 112 letter to all attendees.

Mr. Gulisano provided a brief overview of the SAS 112, a new requirement that became effective in December 6, 2007 which replaced the SAS 60 and SAS 601 in order to become compliant with new Sarbanes-Oxley standards.  Mr. Gulisano noted this was Appelrouth Farah’s first year performing the MRFI’s audit, to which Mr. Bibeau replied that Appelrouth, Farrah had actually performed the MRFI’s first audit in 1999.  Mr. Gulisano stated all companies may consider implementing additional financial checks and balances, which are outlined in every company’s SAS 112.  Mr. Gulisano explained there are two classifications, significant deficiencies or the more serious material weaknesses, of which the MRFI’s SAS 112 has none.  Mr. Gulisano noted that the SAS 112 recommends the Miami River Fund Inc consider implementing recommendations to improve significant deficiencies, such as additional Segregation of Duties, to which he suggested having different board members perform the separate duties of signing checks, processing cash receipts and cash disbursements and maintaining books of original entry.

Mr. Ruano asked when the 2007 audit documents had been received by MRC staff, and Mr. Bibeau replied although the documents are dated October 27, 2007, MRC staff did not actually receive the aforementioned Audit copies until a week prior to today’s meeting, which Mr. Gulisano confirmed.

Mr. Gulisano added it was solely the decision of the Miami River Fund Inc to implement any of Appelrouth, Farah’s recommendations. Mr. Ruano noted it was important to ensure that proper controls are in place so that the organization and its members are protected.  Mr. Bibeau distributed a “Current Financial Controls and Operating Procedures” and a “Summary of Previous MRFI Audits”.

Mr. Ruano expressed his concern regarding members of staff being able to sign checks on behalf of the MRFI, and Mr. Bibeau referred to the distributed document, “Current Financial Controls and Operating Procedures,” which explains that “all checks greater than $500 require two signatures, the MRFI President (Phil Everingham) and Vice President (Sallye Jude); Managing Director has authority to sign only checks less than $500.” Mr. Bibeau added that “monthly bank statements showing all expenditures are opened by either the MRFI President (Phil Everingham) or Vice President (Sallye Jude), reviewed and signed before provided to staff.”  Mr. Ruano asked Mr. Everingham if he and Ms. Jude indeed open, review, and sign all MRFI bank statements -which he noted was a good practice and Mr. Everingham confirmed the current financial control.

Mr. Gulisano reviewed page 2 of the MRFI “(Not-For-Profit Organization) Statement of Financial Position June 30, 2007 Assets, Liabilities and NET Assets (Unrestricted vs. Restricted).”  Mr. Winston asked how these numbers were derived, and Mr. Gulisano explained that they are simply a “snapshot” of activities as of June 30, 2007.  Mr. Winston asked Mr. Gulisano to explain the “Professional Fees” line item on page 4, (Not-For-Profit Organization) Statement of Functional Expenses June 30, 2007, and Mr. Gulisano replied that the line item includes consulting and engineering services, etc. Mr. Bibeau added that he had replied to an e-mail from Mr. Winston and provided the requested list of all “Professional Fees” related  expenditures, including but not limited to: website maintenance, FAU to create the Miami River Marine Industrial Economic Analysis, fabrication and installation of Miami River Greenway Historic markers, creation of the “Miami River…Works for Me” Public Service Announcement, which is airing on television, etc., are included as part of this line item.

Mr. Winston noted that on Page 10, Note 6 “Concentration of Credit Risk,” Appelrouth, Farrah reported that at June 30, 2007 the MRFI balance exceeded the Federal Deposit Insurance Corporation insurance limits by approximately $285,427. The Executive Board therefore suggested the MRFI discuss the possibility of opening up additional accounts in more than one bank.

Vice Chair Everingham noted according to page 11, Note 7 “MRFI (Not-For-Profit Organization) Notes to Financial Statements June 30, 2007” the MRC’s lease expires on July 1, 2007.  Mr. Bibeau presented a copy of the lease entered into with Miami-Dade County in 2005, which is current through July 2008 and at this time is a month to month lease with a potential one-year extension.  Mr. Everingham suggested Mr. Gulisano amend the language regarding the MRC’s lease agreement, which seemed a bit confusing, and Mr. Gulisano agreed to revise the aforementioned language for next year’s audit.  Mr. Everingham suggested MRC staff extend the lease agreement.

Mr. Buermann suggested having the Miami River Fund Inc further review and discuss Appelrouth, Farah’s recommendations in full detail during its aforementioned publicly noticed January 18 meeting, and report their decisions back to the Miami River Commission’s Executive Board later that month before the audit is mailed to the remaining MRC board members and designees in February.  Mr. Buermann stated he serves on the Board of the Espirito Santo Bank, and noted all audits and companies may consider additional financial checks and balances, and considered the presented Miami River Fund Inc to be positive.  The MRC Executive Committee agreed with Chairman Buermann’s suggested continued public process to review and comment on the Miami River Fund Inc’s audit, and perhaps implement some of its recommendations if deemed feasible and cost effective.

The Executive Board thanked Mr. Gulisano for attending today’s meeting.

III)   Review of Quarterly Financial Reports - Mr. Bibeau distributed and reviewed the “Miami River Fund, Inc. Accrued Balances as of 12/16/07”, and a Miami River Fund, Inc. Quickbooks Balance Sheet, which includes all MRFI expenses and income for the quarter from each sub-account.  Mr. Ruano asked about the 10/22/07 “Travel” Quickbooks sub-account line item, and Chair Buermann noted that Mr. Bibeau traveled to Tallahassee and Washington in support of the Miami River maintenance dredging project.  Mr. Bibeau distributed the adopted FY ’08 budget, which includes the travel line item expenses.  Mr. Dubin asked about the three separate checks for $499.00 made out to Home Depot on 10/2/07, and Mr. Bibeau explained that the MRFI’s recent minutes reflect their approval of up to $5,000 for three volunteer beautification events along the Miami River Greenway.  Mr. Bibeau noted, however, that when the total Home Depot bill for plants and other materials surpassed $500 when he was at the store ordering delivery of the needed supplies a couple days before the Saturday volunteer event, he was unable to obtain the second check signature of an MRFI board member whom was out of town, therefore he had no option to provide the approved volunteer supplies for the event but to cut three separate checks under $500.  Mr. Bibeau offered to provide receipts for any expenses, which he had with him at the meeting.  Mr. Ruano requested future Quarterly Financial Reports include a Profit and Loss QuickBooks report as well, and Mr. Bibeau agreed noting he had provided a Profit and Loss Statement at the last MRC Executive Committee meeting which Mr. Ruano was unable to attend, and as directed by the Board during that meeting had provided additional information via the provided itemized list of all expenditures and income divided by each individual sub account. 

IV) Consideration of Assistant Managing Director’s Budgeted Raise - Ms. Ashley Chase, MRC Assistant Managing Director, distributed the MRC’s Executive Subcommittee June 15, 2007 approved meeting minutes, which include the agenda item “Adoption of Fiscal Year (FY) 2008 (July 1, 2006-June 30, 2007) Operational Budget.” Ms. Chase noted the adopted FY 2008 budget included a potential increase in her annual salary from $40,025 to $42,000, which the Executive Board had agreed to consider implementing in December 2007, when she has completed her third full year working for the MRC.  Mr. Winston noted he would feel more comfortable approving the potential raise once the FY ’08 audit has been reviewed and adopted. Vice Chair Everingham asked Mr. Bibeau for his recommendation, and Mr. Bibeau replied he was in support of the raise, which is included in the distributed adopted FY 2008 budget.  Mr. Bibeau added that the MRC has secured enough income to implement the budgeted raise, which if approved by the Executive Board would become effective as of January 1, 2008.  Mr. Ruano stated he was in support of the raise, as Ms. Chase continues to do a good job for the MRC, and is less associated with the MRFI’s financial matters.  Mr. Ruano added he agreed that overall it’s a good audit, which should be further considered before considering any future potential raises for the Managing Director, whom is more directly involved in the organization’s funding.  Mr. Bibeau noted he is not seeking a raise, and no raise for the Managing Director position is included in the adopted FY ‘08 budget.  Mr. Ruano suggested implementing staff performance reviews so that the MRC may have standards in place to measure performance levels of future MRC staff members, thereby further justifying any potential future raises. Chair Buermann noted Ms. Chase was deserving of the raise, adding that it was important to reward the MRC’s talented staff, whom continue to perform very well.  Vice Chair Everingham moved the approve an increase in Ms. Chase’s annual salary from $40,025 to $42,000, effective January 1, 2008; The motion was seconded by Mr. Robert Ruano and passed 4-1.

V) New Business- The following items were addressed/discussed:

  • Mr. Winston discussed the concept of taking group walks along the Miami River Greenway to assess its development progress
  • Mr. Winston discussed the idea of having a Holiday Boat Parade along the Miami River and/or creating a “River of Lights” to illuminate the entire Miami River, which would be visible from airplanes.  Mr. Dubin noted he liked the idea of a holiday boat parade, which could commence near NW 22nd Avenue and end at Biscayne Bay.  Mr. Dubin noted, however, that illuminating the entire river with Christmas bright lights could potentially hamper boat captain’s line of sight.
Mr. Ruano and Mr. Winston stated they receive too many printed documents related to MRC meetings, therefore recommended future documents be provided electronically.  The Executive Board agreed to have MRC staff refer to the MRC’s adopted 2005 Miami River Corridor Energy Efficiency & Water Conservation Report and the MRC’s Employees Policies and Guidelines for any guidance on using less paper and becoming “more green”/environmentally-conscious.  Mr. Bibeau replied a couple years ago the MRC directed staff to cease including printed copies of all MRC subcommittee minutes in the MRC board members / designees monthly mail out one week prior to the MRC meeting (with the exception of minutes related to a specific agenda item) and instead e-mail the subcommittee minutes, which MRC staff implemented.  The Executive Committee members agreed to continue considering and perhaps vote on further amendments to the MRC staff’s current operating procedures in order to reduce the MRC’s paper use yet maintain the necessary distribution of documents for review and consideration electronically.

The meeting adjourned.

December 18, 2007 | THIS IS A PUBLIC DOCUMENT

Miami River Commission Chairman Eric Buermann called the publicly noticed Miami River Commission’s (MRC) Executive Committee meeting to order on Tuesday, December 18, 2007, Noon, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

Members attending were:
Chairman Eric Buermann
Vice Chairman Philip Everingham
Richard Dubin
Robert Ruano
Gary Winston
Sallye Jude

MRC Staff:
Brett Bibeau, Managing Director
Ashley Chase, Assistant Managing Director

Others Attending:
Mark Sell, Wragg & Casas Public Relations, Inc.George A. Gulisano, Appelrouth, Farrah & Co.
John P. Rosser, JERA, Inc.
Mike Hatami, Mirage Yacht
Fran Bohnsack, Miami River Marine Group

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