I.  Set Agenda for MRC’s January 7, 2008 meeting - Mr. Bibeau stated in January the MRC’s Economic Development and Commerce (EDC) subcommittee heard a presentation regarding the proposed “Mirage Yachts” business at 3850 NW North River Drive, a formerly permitted marine industrial site on the far upper river, which is currently vacant.  Mr. Bibeau reported the MRC EDC Co-Chair, Megan Kelly recommended the MRC find the proposed Mirage Yacht businesses to be consistent with our adopted strategic plan, the Miami River Corridor Urban Infill Plan, and she recommended the MRC Executive Committee place the item on the MRC’s February 4, 2008 publicly noticed meeting agenda for consideration.

Mr. Carlos Espinosa, DERM, stated as explained to the full MRC during his January 7, 2008 presentation, a requirement of obtaining a permit for a marine industrial business on the Miami River is that the site be connected to the sanitary sewer system.  Director Espinosa stated the subject property is not connected to the sanitary sewer system, although other permitted marine industrial businesses operating in the Upper River are properly connected to the sanitary sewer system.  Director Espinosa explained a marine related business is currently permitable on the site, without the hazardous materials generated in a boat manufacturing and repair type facility.  Director Espinosa noted the site is not grandfathered in because the previously issued IW 5 permits, of which one was for a Taxi repair business, were not continuous for the last 4-5 years.  Director Espinosa noted he had informed Mr. Hatami, Mirage Yachts, and Dr. Fran Bohnsack, Miami River Marine Group, of the aforementioned conditions and requirements in October 2007, before the site’s purchase was closed with the intent of opening the proposed business.

Mr. Gary Winston stated especially considering Mr. Hatami, Mirage Yachts, wasn’t present at the meeting, he asked for the merits of the item to be debated after being placed on the full MRC’s publicly noticed agenda and presented during their February 4, 2008 meeting, which is the only question being considered and on the MRC Executive Board’s agenda today.  The MRC Executive Committee unanimously concurred to place “Discussion of Proposed ‘Mirage Yacht’ 3820 NW North River” on the MRC’s February 4, 2008 meeting agenda, noon, 1407 NW 7 ST, and invited DERM representatives to attend and participate.

II)  Discussion of MRC Participation in 2008 Dade Days – Mr. Bibeau reported the “Dade Days” advocacy trip to Tallahassee is scheduled for April 9 – April 10.  Mr. Bibeau noted the MRC’s previously adopted FY ’08 budget includes two trips to Tallahassee for a total of $1,000, of which this would be his first trip this Fiscal Year.  Mr. Bibeau reported he would advocate in support of Miami-Dade County’s “Critical Priority” request for $10 million from the FL Legislature to complete the Miami River Maintenance Dredging project.  Chair Buermann noted the requested dredging funding is now or never, because this is the last fiscal cycle before the 5 year dredging contract expires.  The Executive Committee unanimously authorized Mr. Bibeau’s aforementioned trip to Tallahassee.

III)  Discussion of MRC Participation in Miami-Dade County Washington DC “Fly-In” - Mr. Bibeau reported the Miami-Dade County “Fly-In” advocacy trip to Washington DC will be held February 26 – February 27.  Mr. Bibeau noted the MRC’s previously adopted FY ’08 budget includes two trips to DC for a total of $1,500, of which this would be his second trip this Fiscal Year.  Mr. Bibeau reported he would advocate in support of Miami-Dade County’s “Critical Priority” request for $13 million from Congress to refund the previously provided “non-required contributed local funds” for the Miami River Maintenance Dredging project.  In addition, he would advocate for Federal funding for the Port of Miami River Short Sea Shipping pilot program, which is a recommendation of the MRC / MPO award winning Miami River Corridor Multi-Modal Transportation Plan.  Ms. Jude noted since the MRC recommended Short Sea Shipping program is designed to improve air quality by reducing vehicular congestion in downtown Miami, the MRC should generate a press release and secure the additional support of environmental groups such as the Sierra Club for the program.  The Executive Committee unanimously authorized Mr. Bibeau’s aforementioned trip to Washington DC.

IV)  Review of Fiscal Year 2007 (July 1, 2006 – June 30, 2007) Audit – MRC Vice Chair and Miami River Fund Inc (MRFI) President Phil Everingham stated per the MRC Executive Board’s direction during their December 18, 2007 meeting, the MRFI convened a publicly noticed meeting on January 18, 2008 to review the MRFI’s FY ’07 independent audit conducted by Appelrouth, Farrah & Co.  Mr. Everingham noted the MRFI Board members were provided the Audited Financial Statements, Required Letter of Communication, and Statement on Auditing Standards (SAS) 112 letter for review prior to the meeting.  Mr. Everingham stated after a lengthy over 3 and half hour review and discussion of the audit during the Dec. 18 meeting, the MRFI adopted 7 new standard operating procedures in response to the SAS 112 recommendations.  Mr. Everingham distributed the “Miami River Fund Inc (MRFI) Fiscal Year 2007 (July 1, 2006 – June 30, 2007) Adopted Recommendations from Statement on Auditing Standards (SAS) 112” which outlined the following adopted new / additional operating procedures:

• In order to achieve the recommended goal of further segregation of duties, Assistant Managing Director, instead of Managing Director, will open mail (with the exception of monthly bank statement which will continued to be opened, reviewed and signed by either MRFI President Everingham or Vice President Jude), process cash receipt, restrictively endorse all checks, create a control log of the total amount of checks, and send the control log directly to the individual responsible for reconciling the bank account. 
• All incoming checks will be copied and recorded.
• Invoices paid stamp will identify the subaccount, in addition to the current information of date and check number.
• MRFI purchased updated QuickBooks and will use professional services if necessary to transfer all historical MRFI financial data within current QuickBooks system to the updated version.
• Will make following transfers into Mellon United National Bank’s repurchase agreement program (provided Mellon summary), which is a short term investment featuring interest rates, which fluctuate day to day - currently 3.75% versus current 1%, minimum $5,000 balance, can withdraw without penalty, government issued security bonds:  SFWMD = leave $50,000 in account, Miami-Dade County Urban Infill / Design Center = leave all $13,660 in account, City of Miami FY ’00 – ’02 = leave all $3,817.54 in account, City of Miami FY ’02 – ’04 = leave all $50,000 (accounts payable $17,020.06) in account, City of Miami FY ’05 – ’07 = shift all $75,000 into repurchase agreement, Riverday = $6,940 leave in account, Miami-Dade CBO = reimbursable leave in account, MRCC Carry-over = $8,087.40 shift into repurchase agreement, Map Funds = $35,070.40 (accrued) shift into repurchase agreement, Dade Community Foundation=$18.29 leave in account, Elizabeth Ordway Dunn Foundation=$140.05 leave in account, Fundraising Account=$23,368.53 shift into repurchase agreement.  The aforementioned transfers leave an estimated $107,555.48 in the current account.
• Will provide board quarterly QuickBooks registers of all MRFI expenditures and incomes, divided by subaccounts, in addition to quarterly accrued financial reports and Profit and Loss statements.
• The following additional information will be included in the quarterly accrued financial reports provided to the board:  term, dates of receipt and reporting requirements

The Mr. Executive Committee reviewed and discussed the 7 new procedures adopted in response to the SAS 112 recommendations.  In addition, the MRC Executive Committee was provided the following documents which were reviewed and discussed:

• “Miami River Fund Inc’s January 18, 2008 Meeting Minutes”
• “Summary of Previous MRFI Audits”
• “Miami River Fund Inc - Profit & Loss - July Through December 2007” generated on QuickBooks
• “Miami River Fund Inc – Accrued Balances as of 1/18/08”
• Mellon United Summary of repurchase agreement

  
Ms. Jude and Chair Buermann noted the non-profit MRFI account remains small, and considering both the MRFI and the MRC Executive Board are provided quarterly accrued financial reports, transferring the MRFI’s QuickBooks from cash to accrual basis remains unnecessary.  Mr. Everingham and Chair Buermann noted the SAS 112 recommendations were all minor in nature, and there were no identified “material weaknesses”, which are more serious issues.

Mr. Winston noted the MRFI auditors, Appelrouth, Farrah & Co., are the same firm that provides the MRFI’s accounting services, therefore perhaps creating a perception of conflict of interest, and suggested the MRC Chair should hire the auditors and be responsible for post audit communications.  Mr. Dubin replied the MRC Executive Committee had been provided three bids to conduct the MRFI audit, and voted to select the low bidder Appelrouth, Farrah and Company.  Mr. Dubin stated the MRC Executive Committee had been informed prior to selecting the firm that they were currently conducting the MRFI’s accounting services as well, and that Appelrouth Farrah had claimed there was no conflict of interest, which the MRC Executive Board concurred with when they were selected.  Mr. Dubin stated Appelrouth Farrah and Co. were probably the low bidder because they have been doing the MRFI’s accounting and is therefore familiar with the MRFI finances, and previously received the MRFI’s monthly reconciled QuickBooks used to create the year-end audit.  Mr. Bibeau noted the MRC Executive Committee’s selected Appelrouth Farrah and Co. bid to conduct the MRFI audit was for two years, FY '07 for $12,000 and the ongoing FY ’08 for $13,500.  Mr. Bibeau asked the Executive Committee if they wanted to seek three new bids for the MRFI’s FY ’08 audit, excluding Appelrouth, Farrah and Co. because they provide the MRFI’s accounting services, and attempt to cancel their services for the FY ’08 audit.  The Executive Committee directed staff instead to seek bids for MRFI accounting services, in order to leave the MRFI FY ’08 audit services with Appelrouth and Farrah, yet consider switching to a different firm for the MRFI’s monthly accounting services.  In addition, the MRC Executive Committee directed staff to request a written legal ruling from Appelrouth, Farrah and Co. that there is no conflict between them simultaneously providing the MRFI’s accounting and auditing services.

Mr. Gary Winston moved to adopt the MRFI’s FY ’08 Audit, and “Miami River Fund Inc (MRFI) Fiscal Year 2007 (July 1, 2006 – June 30, 2007) Adopted Recommendations from Statement on Auditing Standards (SAS) 112” which outlined the MRFI’s 7 adopted new / additional operating procedures in response to the SAS 112 recommendations.  The motion was seconded by Mr. Everingham and unanimously adopted by the MRC Executive Committee.  Chairman Buermann directed staff to include the “Miami River Fund Inc (MRFI) Fiscal Year 2007 (July 1, 2006 – June 30, 2007) Adopted Recommendations from Statement on Auditing Standards (SAS) 112”, the MRFI FY ’08 audited financial statements, Required Letter of Communication, SAS 112 and the MRC Executive Committee’s January 22, 2008 meeting minutes in the January 25, 2008 mail out to all MRC board members and designees yet to receive the aforementioned documents.  Mr. Ruano and Mr. Winston stated since they have previously received and reviewed the aforementioned documents, the MRC Board members they represent as designees do not need to be mailed the additional copies.  The MRC Executive Committee concurred that during the MRC’s February 4, 2008 meeting MRC Chair Buermann will note in his Chair Report that the MRFI and MRC Executive Committee had reviewed and taken action on the MRFI’s FY ’07 audit, of which all MRC board members and designees were provided copies or their information at least one week in advance of the meeting, yet no formal action or vote was necessary by the full MRC.  The MRC Executive Committee noted this is the same process that has been followed since the MRFI’s first annual audit in 1999.   

V)  Update on 12th Annual Miami Riverday – Mr. Bibeau stated the MRC’s Miami Riverday project manager, Assistant Managing Director Chase, was unable to attend the meeting due to being ill.  Mr. Bibeau cited the distributed MRFI’s January 18 meeting minutes which included a discussion regarding the 12th Annual Miami Riverday, planned for April 12, 2008, 11-5, Jose Marti Park, SW 4 ST and SW 4 Ave.  Mr. Bibeau noted copies of three different Riverday budget scenarios-low, mid and high-level-highlighting past and projected costs/fees associated with the festival. Mr. Bibeau noted that Budget scenario 1, which includes all entertainment and advertising line items incorporated in the 2007 Riverday, generates $41,324 in expenses; Budget scenario 2 generates $30,939 in expenses by reducing the Herald advertising budget by 50%, etc; and, Budget scenario 3, which eliminates all Herald advertising and the majority of children activities and popular entertainment that have garnered Riverday much attention and success in the past, generates only $21,353 in expenses.  Ms. Jude stated Ms. Chase has been meeting with a Miami Riverday Planning Committee consisting of Patty Harris., Corrina Moebius, and Ms. Jude.  Mr. Bibeau noted over $23,000 has been pledged/obtained for the event to date. Mr. Bibeau noted the MRFI minutes reflect their desire to host Miami Riverday, and if necessary provide up to $5,000 which would be the first cash contribution in addition to the annual in-kind sponsorship of planning, coordination, administrating Miami Riverday.  Mr. Ruano asked if any of the current MRC grants may be utilized to co-sponsor Riverday, and Mr. Bibeau replied yes, and those grants would be the source of the potential $5,000 contribution to the festival.  In addition the MRFI recommended extending the Riverday sponsorship deadline until the MRC’s February 4 publicly noticed meeting where the MRC could discuss the 12th annual festival in further detail and develop a proper course of action.  The MRC Executive Committee concurred with the MRFI’s aforementioned recommendations regarding the 12th Annual Miami Riverday.         

The meeting adjourned.

Chair Eric Buermann stated the Miami River Commission is hosting a reception this evening at Casablanca, 5:30-7:30 pm, to thank the sponsors of the 12th annual Miami Riverday festival. Chair Buermann added the sponsor appreciation reception is being provided by Casablanca in exchange for a large advertisement in the 5th annual Miami River Map & Guide.  Mr. Brett Bibeau, MRC Managing Director, explained the MRC had authorized a similar in-kind trade with Finnegan’s, whom hosted the sponsor appreciation reception for the 11th annual Riverday festival in exchange for a large advertisement in the Fourth Annual Miami River Map and Guide.  Mr. Bibeau noted the restaurant, formerly Joes’ Seafood, is located adjacent to Garcia’s at 400 NW North River Drive.  Chair Buermann noted the 12th Annual Miami Riverday festival is this Saturday, noon to 5 pm at José Martí Park.  Chair Buermann complimented MRC staff for widely distributing the bilingual Riverday postcards and fliers which he saw in various locations around Miami.  Chair Buermann thanked the Riverday sponsors which provided sufficient funding so that the previously approved up to $5,000 was not necessary and increased start up fees will remain in the Riverday sub-account to commence the process for the 2009 Miami Riverday festival.  Chair Buermann asked MRC staff to provide the final / actual 2008 Riverday budget at the next MRC Executive Committee meeting.

Chairman Buermann noted as requested by a couple MRC board members during the MRC’s April public meeting, Mr. Bibeau had e-mailed the MRC board the results of his research regarding MRC’s quorum requirements.  Chairman Buermann added he will contact Governor Crist to recommend he fills the two vacant MRC Gubernatorial appointments.     

I.  Discussion of Potential Agenda Items for MRC’s May 5, 2008 meeting - Mr. Bibeau stated potential agenda items for the MRC’s May 5 meeting include the revised draft Miami 21, of which the Urban Infill Working Group (UIWG) Chair Murley’s recommendation is noted in the UIWG’s March 14, 2008 public meeting minutes.  Mr. Bibeau noted the recently received “Economic Analysis of the Miami River Marine Industry” has been distributed.  Mr. Bibeau added the Urban Infill Working Group is expecting a presentation from Mr. Peter Swartz in May regarding proposed plans for a mixed-use marine development/marina on his vacant property south of the 1st Street Bridge.  Mr. Bibeau noted the MRC may subsequently formulate an advisory recommendation of Mr. Swartz’s proposed plans during its June meeting.

Discussion ensued regarding the “Economic Analysis of the Miami River Marine Industry”.  Ms. Sallye Jude stated the independent economic analysis confirms the importance of the Miami River’s marine industrial businesses.  Vice Chair Phil Everingham asked about the MRC’s proposed course of action following its completion, and Mr. Bibeau replied that the analysis includes factual data necessary for river stakeholders, governmental agencies, and the MRC to consider when making policy decisions, such as seeking short sea shipping funding from the federal government, or the City Administration’s current proposal to delete the Port of Miami River sub-element from the City of Miami Neighborhood Comprehensive Plan, which the MRC recommended denial.

Vice Chair Everingham made a motion authorizing the MRC to take a pro-active approach in the distribution of the “Economic Analysis of the Miami River Marine Industry” by presenting it to various governmental agencies and boards, including but not limited to: The City of Miami Waterfront Advisory Board, the Miami City Commission, the Board of Miami-Dade County Commissioners, and the South Florida Water Management District. The motion was seconded by Ms. Sallye Jude. Further discussion ensued.

Mr. Gary Winston cited the “Introduction and Summary” section of the “Economic Analysis of the Miami River Marine Industry” which states the following: “This report contains a review of several economic studies and other research documents published since 1990 that are relevant to demonstrating the significance of the Miami River economy.”  Mr. Gary Winston stated he believes the Analysis’ “Introduction & Summary” does not clearly explain the purpose of the analysis.  Mr. Bibeau stated the scope of services and contract, which he noted had been previously approved by the MRC’s Executive Committee and Economic Development and Commerce Subcommittee, were recently re-provided to Mr. Winston upon his request, included a review of 11 previous studies listed on the Analysis’ “References” found on page 44.  Mr. Bibeau added these studies had been provided to Dr. William Stronge and Ms. Lenore Alpert of Florida Atlantic University, whom reviewed them and created an analysis (pages 1-32).  Mr. Bibeau noted their analysis was then provided to three independent peers, whom conducted their own three independent reviews of the new Analysis, featured at the end of the report (Dr. Phyllis Isley, pages 33-36; Dr. Gary Jackson, pages 37-39; and Dr. Rupert Rhodd, pages 40-42).  Mr. Winston recommended the Analysis author, Dr. Stronge, reply in writing to the three peers which reviewed his analysis, and address the MRC.  Mr. Winston asked if the MRC’s “Economic Analysis of the Miami River Marine Industry” was conducted for verification of past studies, and Mr. Bibeau replied that the goal of the analysis was to generate an unbiased report by a team of independent economists and peer reviews, which would feature factual economic data and analysis of the Miami River’s Marine Industry. 
 
The Executive Board unanimously adopted a resolution to refer the “Economic Analysis of the Miami River Marine Industry” to the Economic Development & Commerce Subcommittee for review, followed by distribution of the final Analysis to the City Commission, Board of County Commissioners, City Waterfront Advisory Board, South Florida Water Management District, etc.  

II)  Review of Quarterly Financial Reports - Mr. Bibeau distributed the following documents: 1) “Miami River Fund, Inc. Accrued Balances as of 4/7/08”; 2) “Miami River Fund Inc - Profit & Loss - December 2007 Through March 2008” generated on QuickBooks; 3) Line item QuickBooks generated printouts of all expenditures and income for the quarter divided into subaccounts 4) Miami River Commission Executive Committee Minutes January 22, 2008 meeting minutes.  Mr. Bibeau reported all seven of the Fiscal Year 2007 (July 1, 2006 – June 30, 2007) approved Audit recommended actions from the Statement on Auditing Standards (SAS) 112 have been brought to fruition, as directed and stated in the Miami River Fund Inc’s January 18, 2008 public meeting minutes and the MRC Executive Board’s January 22, 2008 public meeting minutes:

• “In order to achieve the recommended goal of further segregation of duties, Assistant Managing Director, instead of Managing Director, will open mail (with the exception of monthly bank statement which will continued to be opened, reviewed and signed by either MRFI President Everingham or Vice President Jude), process cash receipt, restrictively endorse all checks, create a control log of the total amount of checks, and send the control log directly to the individual responsible for reconciling the bank account.” Ms. Ashley Chase noted she is opening the mail, processing cash receipts, endorsing and depositing all checks generally within one to two days of their receipt, and has created a Check Register / control log of all incoming checks, and provides copies to Mr. Bibeau.
• “All incoming checks will be copied and recorded.” Ms. Ashley Chase noted she is making the copies and submitting them attached to the updated incoming check register.
• “Invoices paid stamp will identify the subaccount, in addition to the current information of date and check number.” Mr. Bibeau noted he is performing the aforementioned tasks.
• “MRFI purchased updated QuickBooks and will use professional services if necessary to transfer all historical MRFI financial data within current QuickBooks system to the updated version.” Mr. Bibeau noted the updated QuickBooks has been installed, and the current accounting firm Appelrouth and Farah, assisted in transferring all historical MRFI financial data to the current version, under their existing quarterly services invoice.
• “Will make following transfers into Mellon United National Bank’s repurchase agreement program (provided Mellon summary), which is a short term investment featuring interest rates, which fluctuate day to day - currently 3.75% versus current 1%, minimum $5,000 balance, can withdraw without penalty, government issued security bonds:  SFWMD = leave $50,000 in account, Miami-Dade County Urban Infill / Design Center = leave all $13,660 in account, City of Miami FY ’00 – ’02 = leave all $3,817.54 in account, City of Miami FY ’02 – ’04 = leave all $50,000 (accounts payable $17,020.06) in account, City of Miami FY ’05 – ’07 = shift all $75,000 into repurchase agreement, Riverday = $6,940 leave in account, Miami-Dade CBO = reimbursable leave in account, MRCC Carry-over = $8,087.40 shift into repurchase agreement, Map Funds = $35,070.40 (accrued) shift into repurchase agreement, Dade Community Foundation=$18.29 leave in account, Elizabeth Ordway Dunn Foundation=$140.05 leave in account, Fundraising Account=$23,368.53 shift into repurchase agreement.  The aforementioned transfers leave an estimated $107,555.48 in the current account.” Mr. Bibeau noted he has obtained all signatures for the Mellon United National Bank repurchase agreement and various forms, and will make the requested transfer later this week.  Mr. Bibeau stated based on the provided financial reports, the adjustment amount of the transfer is $345,866.13 consisting of $224,908 - SFWMD, $75,000 - City, $8,097.40 - carryover and $37,870.44 – Map.  Mr. Bibeau noted after the transfer the current account will have a cash balance slightly greater than the FDIC insured $100,000 $100,000.
• “Will provide board quarterly QuickBooks registers of all MRFI expenditures and incomes, divided by subaccounts, in addition to quarterly accrued financial reports and Profit and Loss statements.” Mr. Bibeau noted he just provided the board with the aforementioned quarterly financial reports and information.  Per the request of Vice Chair Everingham, Mr. Bibeau agreed in the future to provide an additional Profit and Loss Statement based on year to date, as well as quarterly.
• “The following additional information will be included in the quarterly accrued financial reports provided to the board:  term, dates of receipt and reporting requirements.” Mr. Bibeau noted he has included this additional information on the provided Miami River Fund, Inc. Accrued Balances as of 4/7/08, which is a quarterly report.

III. New Business -The following items were addressed/discussed:

• MRC staff distributed a letter from Ms. Toni Kirkland, Freelance Creative and Prepress Services, in which she requests a raise in the Miami River Commission website maintenance quarterly fee from $300 to $325 (a $100 annual raise). Mr. Bibeau noted Ms. Kirkland has provided the MRC’s internet design and maintenance since 2001.  Mr. Bibeau noted Ms. Kirkland has also designed Riverday fliers, postcards and posters, the annual Miami River Map & Guide, and continues to post MRC meeting minutes on the website, etc.  Ms. Jude noted she concurred with Ms. Kirkland’s request. Vice Chair Everingham seconded for discussion, citing the 3rd paragraph in Ms. Kirkland’s letter in which she states, “I have personally paid for FreeFind software to be included in the site at $226 annually…” Mr. Everingham directed Mr. Bibeau to enquire what the FreeFind software is and verify if the software is solely being used for the MRC’s web-site or for additional clientele.  The Executive Board unanimously agreed to Ms. Toni Kirkland’s written request for the Miami River Commission website maintenance quarterly fee increase from $300 to $325.

The meeting adjourned.

I.  Discussion of Potential Agenda Items for MRC’s July 7, 2008 meeting - Chair Eric Buermann stated he decided to maintain the MRC’s regularly scheduled first Monday of the month meeting date of July 7.  MRC Chair Buermann asked MRC Managing Director Brett Bibeau to inform the Executive Board about potential agenda items.  Mr. Bibeau replied Mr. Peter Swartz, owner of a vacant riverfront parcel on North River Drive, on the south east side of the 1 ST Bridge, indicated to MRC staff that he retracted his previously presented and MRC recommended “Miami River House Lofts” residential development and replaced it with a new mixed use and marine related proposal for the site now called “Harborside”.  Mr. Bibeau noted after Mr. Swartz originally requested the item be placed on the Urban Infill Working Group and MRC agendas, Mr. Swartz requested deferrals over the past several months, and maybe ready to present “Harborside” during the June 10 Urban Infill Working Group (UIWG) meeting.  Mr. Bibeau added the MRC may subsequently formulate an advisory recommendation of Mr. Swartz’s proposed plans during its July 7 meeting, should the item be presented to the UIWG on June 10.  The Executive Board concurred that in addition to the potential “Harborside” presentation, the standard MRC subcommittee reports will be included on the MRC’s July 7, 2008 meeting agenda.

II)  Review of Quarterly Financial Reports - Mr. Bibeau distributed the following documents:

1) “Miami River Fund Inc - Profit & Loss for the Current Fiscal Year to Date (as requested by Vice-Chair Everingham during the last Executive Committee meeting) – July 1, 2007 Through May 30, 2008” generated on QuickBooks;

2) “Miami River Fund Inc - Profit & Loss (quarterly report) – April 1 Through May 30, 2008,” generated on Quickbooks;

3) Line item QuickBooks-generated printouts of all expenditures and income for the quarter divided into subaccounts

4) “Miami River Fund, Inc. Accrued Balances as of 6/5/08”; 5) Miami River Commission Executive Committee’s April 7, 2008 meeting minutes.

Mr. Bibeau reviewed the document, “Miami River Fund, Inc. Accrued Balances as of 6/5/08,” which includes the following information within the Fund’s 13 separate Sub-Accounts: active account cash balance, accounts payable, amounts receivable, accrued balance, potential uses, term, date of receipt, reporting requirements. Chair Buermann noted the SFWMD is currently developing its Fiscal Year 2009 budget which starts October 1, 2008 and suggested that Mr. Bibeau touch base with Mr. Tom Olliff to verify that the $250,000 is being renewed for the MRC’s continued programs and operations has been included in the budget.  Mr. Bibeau thanked Chair Buermann and the SFWMD for their ongoing support.

Mr. Dubin asked if the Miami-Dade CBO grant is used to fund the free boat tours along the Miami River, and Mr. Bibeau replied yes.  Mr. Dubin asked if the MRC has ever invited Miami City Commissioners to tour the river, and Mr. Bibeau replied that all elected officials are invited to an annual Miami River boat tour and reception, co-sponsored and co-hosted by the SFWMD. Mr. Dubin suggested inviting Miami City Commissioners and their respective staff to a personal Miami River boat tour as a means of showcasing the dredging project and the river’s marine industries.  Ms. Chase suggested inviting the Commissioners on a Miami River boat tour on the morning of July 7, which could also serve as the MRC’s monthly publicly noticed meeting.  Per the directive of the Executive Board, MRC staff agreed to work out the details of the Miami River boat tour for Miami City Commissioners and staff, and invite the County Mayor and Manager, Board of Miami-Dade County Commissioners, City of Miami Waterfront Advisory Board, etc.

Vice Chair Everingham asked for an update regarding the munitions recently dredged from the area in front of Merrill-Stevens, as recently reported in the Miami Herald.  Mr. Bibeau stated the US Army Corps of Engineers (ACOE) had approved $1.4 million in change orders to fund safety precautions and contracting of a munitions specialist. Soon after the change orders were implemented, Mr. Bibeau noted the project recommenced, and at the same location, a slightly larger 3” diameter bullet and a flare were dredged.  Mr. Bibeau stated the ACOE therefore temporarily shut down the project again until a munition specialist analyzed the new finding.  Mr. Bibeau noted the munition specialist analyzed the finding and submitted an “ESS” report two days ago, which will undergo two levels of ACOE review, starting with the Baltimore District.  Mr. Bibeau explained that upon ACOE approval of the ESS, the contractors will need to implement the report in order to recommence dredging.  Mr. Bibeau noted Miami-Dade County Department of Environmental Resources Management Director Carlos Espinosa had e-mailed the report was not as bad as originally thought, and indicated dredging within that area should recommence within 2-3 weeks.  Chair Buermann directed Mr. Bibeau to e-mail DERM to confirm DERM transferred to the ACOE the SFWMD’s $3 million bridge loan for the recently applied for $3 million FIND grant.

III. Approval of FY 2009 Operational Budget (July 1, 2008 - June 30, 2009) - Mr. Bibeau distributed a draft Operational Budget, which includes the Adopted Fiscal Year 2008 and the Proposed Fiscal Year 2009 (July 1, 2008 – June 30, 2009) operational budgets.  Mr. Bibeau stated last year’s operational budget included ½ of the year’s salary for MRC assistant Director Chase at $40,500 and in December 2007 the Executive Board approved the budgeted raise for her annual salary to $42,000.  Therefore Mr. Bibeau noted the presented draft operational budget maintains the current staff salary levels of $42,000 for Assistant Managing Director Chase’s salary, as well as the his current Managing Director annual salary of $69,500.  Chair Buermann noted a need to discuss Mr. Bibeau’s salary, whom he noted had not had a raise in three years.  Chair Buermann explained the MRC wouldn’t have gotten to where it is today without Mr. Bibeau’s contribution, and continues to do a fabulous job on behalf of the Miami River Commission.  The present Executive Board members concurred that MRC staff had been doing a great job, and discussion ensued regarding the most appropriate way to compensate Mr. Bibeau for his tremendous efforts such as a raise, cost of living increase and or bonus, based on and considering the available operational funding.  Ms. Jude recommended an end-of-the-year bonus, which is often used by the non-for profit, public and private sectors.  Chair Buermann noted the financial reports indicate there is clearly sufficient available funding to provide MRC Director Bibeau with his first raise, bonus, and or cost of living increase in three years.

Vice Chair Everingham moved a resolution to approve a 5% increase in Managing Director Brett Bibeau’s FY ’09 (July 1, 2008 – June 30, 2009) annual salary from $69,500 to $72,975, as well as FY ’08 bonuses of $5,000 for Mr. Bibeau and $2,000 for Assistant Managing Director Ashley Chase, to commend their extraordinary performances.  The motion was seconded by Richard Dubin and passed unanimously.  MRC staff thanked the Executive Board.  Vice Chair Everingham moved a resolution approving the presented draft Fiscal Year 2009 Operational Budget with the following additional increases to reflect the current economy’s increasing costs: 1) Travel (two trips to Washington DC) - $2,500; 2) Employees health and dental insurance - $6,671.90; 3) Postage - $4,000; 4) Cell Phones -$2,200; 5) Membership Dues and Functions - $1,500; 6) Annual Report’s Graphic Design and Writing - $5,500; The motion was seconded by Mr. Dubin and unanimously adopted.

New Business-The following items were addressed/discussed:

• Per the request of the Executive Board at the April 7, 2008 meeting, Ms. Chase presented the final 200 Miami Riverday Budget. Ms. Chase noted the two un-bolded line items in the Income section, Miami-Dade County Department of Cultural Affairs and Miami-Dade County Tourist Development Council, are reimbursable grants, totaling $14,918, which MRC staff had previously been awarded for Riverday.  Ms. Chase noted the reimbursement/grant documentation has been executed and submitted, and payment should be received within the next few weeks.  Ms. Chase noted she is expecting to receive a revised invoice from the Miami Herald, City of Miami GSA and a $100 refund from Glenn’s Tables, Tents & Chairs. Ms. Chase noted the Grand Total Income-Grand Total Expenditures is $15,271.33, which will be used towards next year’s Riverday. Ms. Chase stated she has yet to receive payments from Mr. Alberto LaMadrid, Miami Yacht & Engine Works, for his $1,200 large ad in the 4th Annual Miami River Map & Guide, as well as a $500 2007 Riverday sponsorship. Chair Buermann directed Ms. Chase to contact Mr. LaMadrid one last time-on his behalf-to request payment. Ms Chase noted another company, Carrubean, had pledged $500 for the 2007 Riverday festival, but had never submitted payment. Ms. Chase added the president of the company was contacted for over six consecutive months, but soon after, his contact numbers and emails had changed. Ms. Chase reported there had been some confusion regarding Washington Mutual’s $3,000 Sponsorship of the 2007 Riverday festival. Ms. Chase noted that in the midst of a staff overhaul at Washington Mutual, an email had been submitted to her declining sponsorship of Riverday.  Ms. Chase added that communications with Washington Mutual have improved, since they were recently a sponsor of the 2008 Riverday festival, and plan to renew their sponsorship for next year.  The Executive Board chose not to take any action against Washington Mutual or Carubbean. 
• Ms. Chase noted Anchor Marine is the only remaining company whom has yet to pay in full for their ad in the 5th Annual Miami River Map & Guide. Ms. Chase noted she has placed Anchor Marine on a payment plan, and has already collected one of three payments ($100 each).
• Mr. Bibeau stated Ms. Chase has requested to be included on the Miami River Commission letterhead.  Mr. Bibeau noted after two years of serving as Assistant Managing Director, he had asked the former Managing Director, David Miller, if he could be included in the MRC letterhead, whom had declined the request. Ms. Jude moved to approve that Ms. Chase be included, and the motion passed unanimously.
• Per the directive of Chair Buermann, MRC staff agreed to e-mail all MRC board members and designees the Form 1 Financial Disclosure
• Mr. Bibeau noted an MRC Executive board member had suggested that in lieu of written and MRC board approved meeting minutes which are posted on the MRC’s website, the MRC meeting audio tapes be digitized and posted online.  Ms. Jude noted the river serves as a home to some of the most blighted neighborhoods and not all residents have computers with internet access in order to be able to download the audio tapes of the MRC’s public meetings and therefore did not agree to replace the printed minutes, which are distributed at public meetings etc., with digital audio recordings.  The Executive committee noted a downside to posting audio recordings on the internet is that all ambient sound is captured on audio tapes, which may therefore negatively impact sound quality of comments being made on the record.  The present Executive Committee members agreed to continue with current standard operating procedures of written minutes approved by the board, and not taking the additional costs related to posting audio tapes of the meetings on the MRC website.

The meeting adjourned.

I.  Discussion of Potential Agenda Items for MRC’s December 1, 2008 meeting - Chair Eric Buermann directed MRC staff to “double-up” on their efforts to obtain quorum for future MRC meeting, specifically the upcoming publicly-noticed, first Monday of the month board meeting on December 1, noon, Robert King High New Board Room, 1407 NW 7 Street. Mr. Brett Bibeau, MRC Managing Director, noted the MRC did not convene a publicly noticed board meeting in November due to not having its regular meeting room location(s) available, a lack of quorum (the day before the 2008 election) and no voting items. Mr. Gary Winston asked if monthly MRC meetings are necessary, even if they are no voting agenda items, and Mr. Brett Bibeau, MRC Managing Director, replied yes since these meetings provide an opportunity for MRC Subcommittee Chairs to update MRC members and engage the public on important river-related issues (i.e. dredging of Wagner Creek & Seybold Canal, greenways, etc.) MRC staff noted there have been few MRC meetings without quorum. Chair Buermann deferred to Mr. Bibeau to provide an update on the following potential voting items for December 1:

A. Update of Draft Miami 21: Mr. Bibeau noted City of Miami representatives had informed the Urban Infill Working Group in July that a revised draft Miami 21 would be presented to the Planning Advisory Board in October, which would include a new zoning designation, “D3 Marine.” Since that time (July-October), MRC staff has continued to invite city representatives to the Urban Infill Working Group’s monthly meetings to present an update of the draft Miami 21 and the new D3 zoning category, but had been told that the city was not ready to present. Mr. Bibeau explained that parcels currently zoned SD-4 (Marine Industrial) would essentially be replaced by the newly proposed D3 zoning category, yet as of today, no text has been provided regarding its allowable uses. Mr. Bibeau noted the MRC had formulated its advisory recommendation on May 5, 2008, based on the last available draft of Miami 21 (April 2008). Mr. Bibeau added staff had submitted a letter to Ms. Ana Gelabert-Sanchez, City of Miami Planning Director, on May 28, 2008 regarding the Miami River Commission’s updated recommendations of the Draft Miami 21; Mr. Bibeau estimated 50% of those recommendations were based on marine-industrial issues, 25% were based on riverwalk issues and the remaining 25% were based on historic low-density neighborhood issues.  Mr. Bibeau stated he hoped the newly proposed D3 zoning designation would address all the MRC’s recommendations related to marine-industrial issues.

Mr. Bibeau asked the Executive Board if they would like staff to present its current position, established on May 5, 2008, at the November Planning Advisory Board meeting, and note on the record that the MRC had not had an opportunity yet to review the yet to be released revised draft.  Ms. Ashley Chase, MRC Assistant Managing Director, noted city representatives had indicated they are scheduled to present the updated draft Miami 21 to the Planning Advisory Board on November 19. Ms. Chase added the Urban Infill Working Group has scheduled a meeting on November 18, 10 am, Robert King High New Board Room, and one of the agenda items includes an update of the draft Miami 21.  Ms. Chase added that city representatives have been invited to both upcoming meetings. Mr. Bibeau noted that perhaps the city’s new proposed D3 zoning category would address the MRC’s previously rendered recommendations concerning marine industrial-related issues. The Executive Board directed MRC staff to present the MRC’s current May 5, 2008 position regarding the draft Miami 21 to the City of Miami Planning Advisory Board on November 19 as adjusted by UIWG Chair Murley based on any included recommendations previously made by MRC, and report the following items on the record: 1) The UIWG reviewed the revised draft Miami 21 on November 18 - 2) the MRC had not been provided an opportunity to review the revised draft but will extend an invitation to city representatives to present the item at the next publicly noticed meeting on December 1, noon, Robert King High New Board Room, 1407 NW 7 Street.

B. Update of Proposed Amendments to City of Miami Neighborhood Comprehensive Plan: Mr. Bibeau reported MRC staff had been informed that the City of Miami had until November 17th to adopt the amendments-with or without changes-rendered by the Florida Department of Community Affairs against the city’s previously proposed comprehensive plan text amendments. Mr. Bibeau noted staff was made aware of a revised draft, and had therefore requested a copy from the city, which is yet to provide the revised draft.  Mr. Bibeau added staff had finally received a revised version of the EAR text amendments last week via a forwarded email from Miami River Marine Group attorney Andrew Dickman.  Ms. Chase stated staff had received an email earlier this morning from Mr. Dickman indicating that this item would not be presented to the Planning Advisory Board, but instead go straight to the November 13 Miami City Commission meeting for a vote.  The Executive Board directed MRC staff to present the MRC’s current position regarding the proposed amendments to the City of Miami Neighborhood Comprehensive Plan to the Miami City Commission on November 13 and note for the record that the MRC had not been provided an opportunity to review the revised draft, but would like to extend an invitation to city representatives to present the item at the next publicly noticed meeting on December 1, noon, Robert King High New Board Room, 1407 NW 7 Street.

II) Review of Miami River Fund, Inc, Accepted Fiscal Year 2008 Audit (July 1, 2007 – June 30, 2008) - MRC Vice Chair Philip Everingham stated he was pleased to report that the Miami River Fund, Inc. had met on October 14, 2008 and had accepted the Fiscal Year 2008 audit conducted by Appelrouth and Farah.  Vice Chair Everingham noted staff has distributed copies of the financial statements and letter of communication, and deferred to Mr. Bibeau to provide additional details. Mr. Bibeau noted the MRFI did not receive a Statement on Auditing Standards (SAS) 112 this year, as there were no significant deficiencies or material weaknesses, and all seven of the Fiscal Year 2007 (July 1, 2006 – June 30, 2007) approved Audit recommended actions had been fully implemented. Mr. Bibeau added the auditors had therefore deemed issuance of an SAS 112 unnecessary, and found the MRFI to be in good standing.  The Executive Committee noted as in previous year’s standard operating procedures, the Audit will now be forwarded for informational purposes to the remaining MRC members and designees.

III) Review of Miami River Fund, Inc. Accepted Financial Reports for the First Quarter of the Fiscal Year (July 1, 2008-September 30, 2008) - Mr. Bibeau stated staff has distributed the following financial reports/documents: 1) “Miami River Fund, Inc. Accrued Balances as of 9/30/08”; 2) “Miami River Fund Inc - Profit & Loss – July Through September 2008” generated on QuickBooks; 3) Line item QuickBooks generated printouts of all expenditures and income for the quarter divided into sub-accounts. The Executive Board reviewed the aforementioned documents.

Mr. Bibeau noted the audit had identified several accounts receivable. Mr. Bibeau stated he had notified the MRFI that the executed reimbursable $17,800 Miami-Dade County Empowerment Zone Trust grant contract had been removed from the accounts receivable of this month’s financial report. Mr. Bibeau presented a copy of the fully executed contract with the Empowerment Trust. Mr. Bibeau explained the contract states that the MRFI would be reimbursed $17,800 for the Economic Analysis, which has been completed. Mr. Bibeau noted that, as part of the original contract, staff had submitted monthly reports to the Empowerment Trust, including paid invoices and reimbursement requests as required by the contract.  Following the completion of the audit (June 30, 2008), Mr. Bibeau stated a representative of the Miami Dade Department of Community and Economic Development had emailed staff requesting a copy of the executed contract, which was provided along with the monthly progress reports and the completed Miami River Marine Industry Economic Analysis.  Then the Department conducted a site visit, and deemed the Analysis to be an acceptable deliverable for the executed contract.  Subsequently the Department sent an e-mail noting their decision not to honor the executed contract because the Miami-Dade Empowerment Trust, Inc no longer exists, and suggested that the MRFI go through a re-application process. Mr. Bibeau noted he had emailed the Empowerment Trust to ask when the re-application process would commence and to determine if the MRFI would be guaranteed funding, considering that a contract had already been awarded, executed, and deliverables rendered and paid for in an acceptable fashion, but has yet to hear back from them. Therefore, added Mr. Bibeau, the Empowerment Trust has been removed from the distributed Accrued Balances document, but noted he would continue to touch base with the Empowerment Trust.  Vice Chair Everingham asked if all the money awarded by the reimbursable grant had been expended, and Mr. Bibeau replied yes. Mr. Bibeau noted the Audit listed accounts receivable of $6,918 for Riverday from the County’s Community grant and the South Florida Water Management District $50,000 which have since been received and deposited in the first quarter of the current fiscal year 2009.

Mr. Bibeau noted that, as part of the Fiscal Year 2007 approved Audit recommended actions, the MRFI left $100,000 deposited in one account at Mellon United Bank, while the remaining approximate $350,000 was transferred into Mellon United National Bank’s repurchase agreement program (a separate account), which audit notes is insured by the federal government as security funds.  Mr. Bibeau added the $100,000 is now FDIC insured for up to $250,000, and noted the auditor has confirmed that the aforementioned funding is secure.  Mr. Bibeau noted all board members and designees will be provided a copy of the audit and letter of communications.

IV) Discussion of 6th Annual Miami River Map & Guide - Ms. Chase deferred to Vice Chair Everingham, as he had requested that this discussion item be placed on today’s agenda. Mr. Bibeau stated staff has distributed copies of the 6th Annual Miami River Map & Guide and advertisement solicitation letter. Vice Chair Everingham stated the MRFI had discussed if the current economic climate would affect ad sales for the map, but had ultimately agreed to produce the 6th Annual Miami River Map & Guide in order to support a pro-river agenda, regardless of ads generated or revenue collected.  Mr. Bibeau noted last year’s map generated a profit of $14, 368, and explained that ad prices have not changed since the original launch of the annual map and guide, and is quite affordable. Ms. Chase noted the 6th annual map will feature a new ad size, “full panel,” at a cost of $3,500. Chair Buermann noted it was very important to create the map, and suggested that the cover of this year’s edition commemorate the completion of the Miami River Maintenance Dredging & Environmental Restoration project. Per the suggestion of Mr. Richard Dubin, Ms. Chase agreed to touch base with Dr. Fran Bohnsack, Miami River Maine Group, to obtain her member contact list. Mr. Winston asked if the MRC would offer potential advertisers any incentives, and Ms. Chase replied that the 6th annual map would offer advertisers a free link of their company/business on the Miami River Commission website. Mr. Bibeau stated staff will do its best to renew last year’s ads and obtain new advertisers.

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

• Mr. Bibeau thanked the South Florida Water Management District for renewing $250,000 in FY 2009 to fund the MRC’s continued programs and operations.
• The Executive Board encouraged MRC staff to begin searching for possible alternate funding sources, and staff agreed to continue seeking grant opportunities. Chair Buermann noted that thus far, the SFWMD has been quite pleased with MRC staff’s performance. Though Mr. Bibeau acknowledged the SFWMD as the MRC’s largest financial supporter, he explained the MRC has received income from 14 different funding sources (i.e. City of Miami’s $25,000 for educational programs, environmental restoration events, and operations). Mr. Bibeau added staff has recently submitted nearly $500,000’s worth of grant applications for Fiscal Year 2009. Vice Chair Everingham asked if the MRC’s current surplus would allow the MRC to sustain itself-should no additional funding be received-for at least a year, and Mr. Bibeau replied yes.
• Mr. Dubin stated his international shipping terminal is experiencing the positive impacts of the recently completed dredging project in that he is able to load vessels where previously not possible due to the previous shallow depth.  The Executive Board discussed what the MRC’s next challenge will be now that the dredging project has been completed, and Mr. Bibeau explained that the MRC remains committed to fully implementing the following four plans: 1) The Miami River Corridor Urban Infill Plan, 2) The Miami River Greenway Action Plan, 3) The Miami River Corridor Multi-Modal Transportation Plan, 4) The Miami River Basin Water Quality Improvement Plan. Mr. Bibeau noted development of the Miami River Greenway has become a major priority, as well as obtaining $18 million to dredge dioxin out of Wagner Creek and Seybold Canal.
• Mr. Bibeau invited the Executive Board to the Florida Riverwalk Exchange, which will take place this Thursday and Friday, November 7-8, along the Miami River when representatives from Riverwalks in FT Lauderdale, Jupiter, Tampa and Jacksonville will visit the Miami River Greenway.
• The Executive Board agreed to attempt scheduling future meetings on the same morning/same location as the MRC’s monthly meetings; the board agreed to have their next meeting in January.
• Vice Chairman Everingham noted he was unavailable to attend the MRC’s October 6 meeting and asked about the outcome of agenda item “IV. Discussion and Review of Miami River Commission Subcommittee Structure”.  Chairman Buermann replied the Miami River Public Safety Subcommittee has been disbanded, staff was directed to take extra steps to encourage attendance of non-voting ex-officio MRC board members Congresswoman Ros-Lehtinen and US Coast Guard Captain Fitton, the MRC subcommittee Chairs continue to make non-binding recommendations to the full MRC without votes of public meeting attendees, and the minutes will continue listing subcommittee meeting attendees.

  The meeting adjourned.