I. MRC Chair Report – I. MRC Chair Report – Chair Eric Buermann welcomed Mr. Oscar Kerr of the
American Planning Association (APA) Gold Coast Section, whom presented the Miami River Commission’s “Miami River Corridor Multi-Modal Transportation Plan” with the “Award of Merit.” Mr. Kerr congratulated the MRC for its efforts, noting that the “Miami River Corridor Multi-Modal Transportation Plan” successfully sets the framework for future endeavors along the Miami River.

Chair Buermann asked to entertain a motion regarding the MRC’s December 3, 2007
meeting minutes. Vice Chair Phil Everingham moved for the MRC to adopt the
December 3, 2007 meeting minutes, the motion was seconded by Mr. Gary Winston, and
unanimously adopted by the MRC.

Chair Buermann noted the Miami River Commission is invited to the informational,
MRC - sponsored Miami River Boat Tour on January 8, 2008, as approved in the Dec.
MRC meeting. Chair Buermann noted invitations were extended to the Dade delegation
of Congress and the Legislature, the South Florida Water Management District
(SFWMD), the Florida Inland Navigation District (FIND), Miami-Dade County, and the
City of Miami. As a reminder, Chair Buermann stated the riverboat tour will be boarding
the Island Lady (a double deck white boat with green trim) from the middle of Bayside at
5:15 PM, and returning at 7:45 PM.

Chair Buermann stated in late December, all MRC members and designees were e-mailed
a draft of the MRC’s 2007 report, prepared by Mark Sell, Wragg and Casas. Since then,
Chair Buermann added the received recommendations to the draft have been
incorporated. Therefore, Chair Buermann added that unless anyone needs to request more
time to submit any additional recommendations, the MRC would like to go to print.
Consistent with last year, Chair Buermann stated the MRC re-submitted its $250,000
Community Budget Issue Request (CBIR) for continued MRC programs and operations,
which has thankfully been sponsored in the 2008 legislative session by the Honorable
Rep Luis Garcia and the Honorable Senator Diaz de la Portilla. Chair Buermann
explained last year the legislature included $250,000 for the MRC in their adopted
budget, yet the Governor was forced to veto the line item because the MRC wasn’t an
eligible recipient from the specific trust fund the funding was to be provided from. Chair
Buermann added the State’s opening memo for the CBIR process notes their $2.4 billion
shortfall, stating it would therefore be extremely difficult to obtain funding during the
2008 legislative session despite the efforts of our strong sponsors and supporters within
the Dade Legislative Delegation.

Chair Buermann stated the 12th Annual Miami Riverday festival is scheduled for April
12, 2008. Chair Buermann noted the MRC sincerely appreciates all of the generous
Miami Riverday sponsors, whom may contact MRC staff regarding their available
benefits. Chair Buermann asked Ms. Ashley Chase, MRC Assistant Managing Director,
how much money has been raised thus far for Riverday, and Ms. Chase replied that
roughly $11,000 in sponsorship has been pledged and/or collected to date, adding she
expected to hear from an additional 5/6 sponsors by the end of the week. Chair
Buermann noted he is making a personal $1,500 donation for Riverday. Ms. Chase noted
that past and potential new Riverday sponsors have been contacted through email, fax
and phone calls. Ms. Chase stated she had received nearly half a dozen emails to date
from former Riverday sponsors, indicating their inability to renew their sponsorship due
to financial constraints. Mr. Brett Bibeau, MRC Managing Director, noted the major
annual Air and Sea Show in FT Lauderdale was cancelled in 2008 due to a lack of
sponsorships in this difficult economic period.

Vice Chair Phil Everingham stated it was his understanding that the MRC had voted to
cancel the 12th annual Miami Riverday if a certain level of sponsorship had not been
obtained by a certain date. Mr. Bibeau reported that due to an increase in costs and a
decrease in sponsorships last year, the MRC’s accumulated $20,000 start up amount was
reduced to only $5,000; therefore, as Mr. Bibeau explained, if Riverday costs and income
remain the same, the MRC would incur a $10,000 expense to break even in 2008. Mr.
Bibeau stated the Chair’s report had shared this data with the MRC in previous months,
whom had concurred that if the projected free admission Riverday festival budget wasn’t
+$5,000 by the sponsorship deadline of mid Jan 2008, the event should regrettably be
cancelled. Mr. Bibeau added the sponsorship deadline is Jan. 16, and will be presented at
the Miami River Fund, Inc.’s next publicly noticed meeting on January 18, 2008. Dr.
Martin asked if any Riverday fliers or ads had been created yet, and Ms. Chase replied
no.
Ms. Sallye Jude noted the MRC only needs to raise $19,000 in order to have the festival,
which will focus on environmental education for both children and adults. Ms. Chase
explained that the $19,000 amount that Ms. Jude mentioned actually refers to the total
estimated expenses in one of three different Riverday budget scenarios created by MRC
staff to highlight past and projected costs/fees associated with the festival. Ms. Chase
noted that Budget scenario 1, which includes all entertainment and advertising line items
incorporated in the 2007 event, generates $40,000 in expenses; Budget scenario 2
generates mid-range costs; and, Budget scenario 3, which eliminates the majority of
children activities and popular entertainment that have garnered Riverday much attention
and success in the past, generates only $19,000 in expenses. Ms. Chase then suggested
extending the Riverday sponsorship deadline in an effort to secure additional support.
The MRC agreed to discuss the 12th annual festival in further detail at the next MRC
publicly noticed meeting of February 4, 2008, at which time a proper course of action
would be developed. In the meantime, per the request of Chair Buermann, Ms. Chase
agreed to keep the MRC updated on staff’s progress in obtaining Riverday sponsors.
II. Review of DERM’s Permitting Policy, Process and Procedure Related to Marine
Industrial Properties on the Miami River - Chair Buermann welcomed Mr. Carlos
Espinosa, Director of the Miami-Dade County Department of Environmental Resources
Management (DERM), whom provided an overview of DERM’s regulatory
responsibilities, which include coastal permitting (replacement of bulkheads, dredging,
dockage activities, etc.) Mr. Espinosa stated he is committed to a simple and timely
permitting process. Mr. Espinosa noted MRC staff had distributed the Chapter of Miami
Dade County’s Manatee Protection Plan related to permitting policies, standards and
procedures which DERM enforces.
Mr. Espinosa stated Board of County Commissioners Chairman Bruno Barreiro was
instrumental in proposing the recently created “Manatee Protection Plan Review
Committee” to review the 1995 plan. Mr. Espinosa noted DERM was currently in the
contracting process to update the plan’s existing technical information (boat surveys, etc).

Mr. Espinosa stated the first transfer of slips from one parcel to another was approved
using covenants, although not on the Miami River. Mr. Dubin asked if there is any
particular reason why a transfer of slips would not be allowable on the Miami River.
Director Espinosa stated transferring slips from one site on the River to another site on it
is possible, pending approval of covenants if there are no other extenuating
circumstances.
Director Espinosa provided the following information regarding the plan’s current
regulations:
 Plan has “grandfathering” conditions for existing facilities
 Industrial-zoned properties operating on septic tanks have restricted/ limited
activities; the aforementioned properties still have dockage and boat storage
capabilities, but limited repair
 Plan does not prohibit dockage facilities; the proposed Merrill Stevens expansion
project is meeting all permit requirements
 Miami River is a critical area enjoyed and inhabited by manatees
Questions:
 Vice Chair Phil Everingham asked for DERM’s policy/outlook in regards to dry
stack storage along the Miami River; Director Espinosa replied the Manatee
protection plan treats slips the same regardless if they are either wet or dry slips.
Director Espinosa noted he has personally reviewed a few proposed plans for dry
stack storage, which would accommodate up to 100 power boats, if not more.
Director Espinosa explained that accommodating such a large number of boats in
a concentrated area would clearly create a significant impact, but that did not
mean DERM wasn’t amenable to evaluating and considering the possibility.
Director Espinosa added that this issue could be reviewed by the newly formed
manatee protection plan committee.
 Mr. Richard Dubin asked if there have been any successful boat slip transfers
along the Miami River, and Director Espinosa replied that no transfers have
occurred as of yet. Mr. Dubin asked if there were any known factors that could
hinder a slip transfer, and Director Espinosa replied that DERM supports boat slip
transfers, and confirmed that there have not been any reported instances where a
boat slip transfer has been denied. Director Espinosa stated DERM recognizes
several parcels which had significant boat usage on the River have been
transferred to condominiums which are not using dockage. Director Espinosa
stated he had recently received feedback from the State whom had expressed a
degree of concern regarding the number of boat slip transfers in Broward County,
and, as a monitoring mechanism, had decided to designate a certain number of
allowable slips within different areas. Mr. Dubin asked if DERM planned to
implement a similar strategy of distinguishing between areas along the Miami
River, and Mr. Espinosa replied that DERM intends to look at the river as one
entity
 Mr. Robert Villar noted the current manatee protection plan is stricter on power
boats than sail boats, even though sail boats navigate the Miami River using their
outboard engineMr. Dubin noted that, according to the plan, the maximum allowable speed on the
Miami River is idle, no wake. Mr. Dubin stated there is currently a growing
interest for marina and dry stack storage development along the river, and asked if
there were any provisions in place that business owners could follow to ensure
compliance with DERM policy, and Mr. Espinosa suggested that they contact Mr.
Lee Hefty, DERM, whom specializes in coastal issues, and could assist the owner
in verifying the property’s boat slip history, as well as the status of the property’s
sewer system, etc.
 Vice Chair Everingham stated he was pleased to hear that the plan’s review is
moving forward, and asked if the committee’s recommendations would be
presented before the Miami Dade Board of County Commissioners (BCC) for
approval or if they would be provided directly to DERM. Mr. Espinosa noted the
committee’s recommendations would be forwarded to the state for their review
and approval before they are submitted to the BCC for adoption.
 Vice Chair Everingham asked for the committee’s timeframe to review the plan’s
recommendations, and Mr. Espinosa replied 18 months, which was confirmed by
Ms. Lubby Navarro.
 Mr. Gary Winston stated he appreciated Director Espinosa taking the time to
personally present this item to the MRC. Director Espinosa noted he felt as if he
was amongst friends. Mr. Winston stated the MRC recently heard a presentation
from a Miami River marina owner whom had praised DERM. Mr. Winston stated
Manatees are important and their continued protection is part of the MRC’s
mission. Mr. Winston asked if the situation involving manatees has improved.
Director Espinosa replied the Governor recently recommended holding the
Manatee’s current endangered status. Director Espinosa stated using surveys to
determine the Manatee population is difficult, therefore their true population is
debated, and noted Manatee mortalities on the Miami River.
 Mr. Dubin noted Ft. Lauderdale has a “bank” or cap amount of allowable boat
slips, and asked if DERM would place a “cap” along the river. Mr. Espinosa
stated a cap may be considered when reviewing DERM boat slip records. Mr.
Espinosa added that boat slips are essentially lost when marinas are converted to
condos, yet this issue would also be debated by the committee. Mr. Espinosa
added that DERM is currently performing an inventory of boat slips, powerboats,
etc. along the river, in an effort to compare data from 1995.
 Ms. Sallye Jude if there have been any advancement in technical mechanisms to
identify the proximity of a manatee in relation to a boat or vessel, and Mr.
Espinosa replied that DERM and the SFWMD have studied many different
mechanisms, such as “prop guards,” but had not yielded successful results.
Director Espinosa noted the effective mechanisms the SFWMD placed on their
flood gates which have effectively prevented crushing Manatees.
Chair Buermann noted that Miami-Dade Commissioner Dorrin Rolle had recently
appointed MRC Managing Director Brett Bibeau to the County’s new Manatee
Protection Plan Review Committee, and suggested that the MRC contact him to address
and/or discuss the issue. Chair Buermann added MRC board member Manny Prieguez is
Chairing the Manatee Plan Review Committee, yet the Sunshine Law requires
communications between MRC board members take place in publicly noticed meetings.

Director Espinosa stated he is “accessible,” and encouraged the MRC and meeting attendees to contact him regarding any questions or concerns. The MRC thanked Mr. Espinosa for his presentation.

II. MRC Subcommittee Reports
a. Dredging Subcommittee (DSC) – Chair Buermann provided the following Miami River Maintenance Dredging Project report:
On May 24, 2007 the ACOE awarded dredging in the projects next acceptance sections 7
& 8 of 15, and the ACOE’s contractors are currently remobilizing, and should be fully
operational and dredging in the River no later than February 15, 2008. Their hydraulic
excavator, “Barredor Del Rio”, has returned, the Boskalis sediment processing plant is
being shipped to the River from overseas, and the plant site’s seawall is being repaired.
After remobilization everyone wants the dredgers to stay through the project’s
completion. Chair Buermann noted although the project is currently 40% complete all of
the projects benefits depend upon the completing dredging to the mouth of the Miami
River.
In late 2008 Congress adopted an FY ’08 Omnibus Bill, which included $5,609,000
minus a 1.6% earmark reduction, therefore providing the project $5.5 million, which is a
$1 million (over 20%) congressional ad over the Honorable President’s $4.5 million
budget submittal. The US Senate and Dade Delegation therefore did a good job in
successfully providing a significant Congressional ad over a woefully insufficient
Administration’s FY ’08 budget request, based on the ACOE’s flawed Benefit to Cost
Ratio for the project, which only calculates the cargo benefits and omits all the project’s
additional benefits, including but not limited to the approved $55 million Merrill-Stevens
Recreational Boatyard expansion, generating 350 additional full time jobs, which will
only occur upon completing the dredging project.
Therefore after this last federal FY ’08 appropriation for the project of $5.5 million, we
are supporting Miami-Dade County’s “Critical Priority” ST request for $10 million to
complete the 40% finished $86 million project. I would like to thank Chairman Barreiro
for recently writing Governor Crist in support of the County’s $10 million ST request to
finish the project, which has been sponsored by Senator Alex Diaz de la Portilla and Rep.
David Rivera, both of which sponsored the dredging funding requests last year as well.
We recognize it is a difficult budget year but if the remaining funding isn’t secured and
provided to the ACOE by July 31, 2008, the dredging project will probably not be
completed under the current contract and established price per dredged cubic yard. Chair
Buermann asked everyone to actively support the County’s $10 million ST appropriation
request to finish the project. Chair Buermann added the SFWMD will apply in April
2008 for an additional $3 million grant towards the federal funding cost share balance
due from FIND, whom has already awarded the project $6.68 million.
DERM is currently working towards collecting and forwarding to the ACOE all
previously appropriated an yet to be expended or obligated estimated $23 million, from
the now 5 local project sponsor cost share partners, ST of FL, FIND, SFWMD, City and County, which is sufficient to award dredging within Acceptance Sections 9-12. This is a
critical time sensitive lynch pin to the project. Then the estimated additional $10 million
in new appropriations are needed by the ACOE before July 31, 2008, in order to award
the final acceptance sections before their contracts 9/30/08 deadline.
As you recall the ACOE’s 5 year contract sets the price as a flat rate per cubic yard
removed, and if we are unable to complete the project under the current contract any
potential new contract is expected to become more expensive. Since the dredging is
proceeding towards the mouth of the Miami River, all of the projects benefits depend on
its completion. Therefore the dredging subcommittee is continuing to work with our
partners to ensure after remobilization the project is completed under the current contract
without further interruptions and delays. Subject to available funding and the contractors
producing their intended rate of dredged cubic yards per day, the project may be
completed late this year.
The over $55 million in utility relocations required by the ACOE are continuing to be
completed prior to dredging within the subject utility crossing areas. The ACOE wrote
the FL Dept of State ordering removal of their collapsed seawall which is in the federal
navigable channel, yet the ST still needs to secure the required $750,000 match for their
awarded FIND grant to conduct the seawall replacement. Per the MRC’s December
motion, the MRC, City and County have written Gov. Crist about this time sensitive need
to replace the Miami Circle seawall before the dredgers arrive at the Brickell Bridge,
which maybe as early as September 2008.
The next regularly scheduled Third Wednesday of the month dredging subcommittee
meeting is January 16, 10 AM, at the South Florida Water Management District Miami-
Dade Regional Office, Conference Room, 6th Floor, 2121 SW3rd Avenue.
B. Urban Infill Working Group (UIWG) - – Mr. Jim Murley noted the UIWG’s next
public meeting is January 15, 2008, 10 AM, at this address but across the way in the
classroom. Our interesting agenda includes review of draft amendments to the City Code
Ch. 50 regarding waterfronts, the City Comp. Plan based on the EAR recommendations,
and the updated draft Miami 21 Eastern Quadrant. In addition, we will be reviewing
several transportation projects, including the NW 7 Ave Corridor, NW 1 ST Bridge repair
scheduled from today through Feb. 8, and updates of progress on NW 17 Ave, NW 12
Ave and NW 5 ST Bridge projects.

Ms. Navarro noted Chairman Barreiro is concerned about the multiple simultaneous
bridge closings, and recently wrote a letter to FDOT Secretary Martinez. Ms. Navarro
noted the 1st Street Bridge will be closed for repairs from tomorrow until February 2008.
Ms. Jude noted this temporary closure is affecting her business at the adjacent Miami
River Inn, since the bridge work is being performed 24 hours a day, even at night when
her guests are trying to sleep.

C. Greenways Subcommittee – Dr. Ernie Martine noted the Miami River Greenway
remains under construction. Per the request of the MRC to compare City Commission approved Riverwalk crosssections with as built and permitted dimensions, MRC staff will present two sets of
approved Miami River Greenway cross sections during each Greenways subcommittee
meeting. The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission. The City Manager’s Chief of Staff, Roger Hernstadt, directed the administration to draft letters to additional river developers requesting their riverwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission, yet the letters are yet to be drafted. We are grateful Mr. Hernstadt requested similar quarterly meetings regarding the
Greenway, therefore our next quarterly meeting should be held this month.

We are recommending the City of Miami apply to the available Florida Department of
Environmental Protection (DEP) Recreational Trails Program (RTP) grant opportunity
for the construction of the riverwalk within Lummus Park. The District City Commissioner, Michele Spence Jones is aware of this excellent state grant opportunity which may provide the City of Miami funding to create a publicly accessible riverwalk in the unimproved waterfront portion of Lummus Park.

The issue of allowing public parking on the currently vacant parking lot adjacent to the
riverfront WASD pump station continues to make slow progress. An assistant County
Attorney was recently assigned the responsibility of drafting an agreement between the
WASD and GSA, which would most likely administer the public parking lot. In addition
the County’s Public Works Department completed their survey for the site which is
necessary to utilize the County’s Greenways line item in their bond issue to create a 22
foot wide riverwalk in this area, in additional to all County owned riverfront parcels
which require riverwalks, such as beneath both shores of metro-rail, south shore beneath
metro-mover, 2nd Ave Bridge, and north shore beneath S. Miami Ave Bridge. Making
the vacant lot available for public parking will provide needed additional spots in the
area; therefore cars will stop parking on the Greenway in the area.

The Greenways subcommittee’s next regularly scheduled second Wednesday of the
month meeting will be held on January 9, 2008, 2 PM, United Way, 3250 SW 3 Ave.

D. Stormwater Subcommittee – Chair Sallye Jude noted the SSC’s December minutes
reflect continued progress towards implementing the Miami River Basin Water Quality
Improvement Plan. The City of Miami estimates completion of the design, permitting and
public outreach for the Seybold Canal and Wagner Creek dredging project by September
2008.

The subcommittee is currently considering the different testing methods to continue seeking
the pollution sources in Wagner Creek and Seybold Canal.

The Stormwater Subcommittee’s next publicly noticed meeting will be held this Wednesday, 10 am, Miami River Inn, 118 S. River Drive.

E. Economic Development and Commerce Working Group – Co-Chair Megan Kelly
noted the EDC continues advocating for implementation of the short sea shipping
recommendation from our recently adopted Miami River Corridor Multi-Modal
Transportation Plan. In December Captain Payne, Director Bohnsack and Mr. Bibeau
hosted Assistant County Manager Gisela Llort on a Miami River Boat Tour. We are
encouraged by Congress’s recent adoption of the new Federal Energy Bill which calls for
the Secretary of Transportation to “establish a short-sea transportation program and
designate short sea transportation projects to be conducted under the program to mitigate
landside congestion.” Ms. Kelly added the EDC is in the process of scheduling its next meeting.

F. Public Safety – Mr. Bibeau noted MRC staff is assisting City of Miami Marine Patrol
Sgt Gonzalez to identify the parties responsible to remove obstacles to navigation for the
Marine Patrol to have access in the Miami River’s North and South Fork tributaries.
Per the MRC’s discussion during its December meeting, Mr. Bibeau noted MRC staff has
requested crime statistics for the river corridor from the City and County, which are
expected to be received later this month.

IV. New Business – no items were addressed/discussed.
The next MRC meeting will be Feb. 4, 2008, noon at the United Way, 3250 SW3rd Ave.

The meeting adjourned.

I. MRC Chair Report

Chair Eric Buermann asked to entertain a motion regarding the MRC's January 7, 2008 meeting minutes. Dr. Ernie Martin moved a resolution for the MRC to adopt the January 7, 2008 meeting minutes, the resolution was seconded by Ms. Jane Caporelli, and unanimously adopted by the MRC.

Chair Buermann noted that the MRC's enabling State legislation states the Chair of the Dade Delegation serves as an MRC board member, and therefore welcomed the newly elected Chair of the Dade Delegation, the Honorable Representative Juan Zapata, whom has appointed the River District's Honorable State Representative Luis Garcia to serve as his MRC designee. Chair Buermann welcomed Representative Luis Garcia to the MRC meeting.

Chair Buermann stated he reported last month that the MRC's $250,000 State appropriation request, for continued MRC programs and operations, was thankfully sponsored by the Honorable Representative Luis Garcia and the Honorable Senator Alex Diaz de la Portilla. Chair Buermann thanked the four additional co-sponsors for the MRC's request: the Honorable Representatives Juan Zapata, Juan Carlos Planas, Carlos Lopez-Cantera, and Rene Garcia. Chair Buermann welcomed Ms. Ileana Garcia, whom on behalf of the Honorable Senator Diaz de la Portilla accepted an appreciation plaque for sponsoring and securing $5.8 million during the 2007 legislative session for the Miami River maintenance dredging and environmental cleanup project. Ms. Garcia noted Senator Portilla was unable to attend today's meeting, but noted the Miami River Commission's goal to complete the maintenance dredging of the Miami River continues to be a project very dear to him.

Chair Buermann noted last month the Army Corps of Engineers and their dredging contractors conducted pre-dredge surveys of awarded Acceptance Sections 7 & 8, which required the temporary moving of recreational vessels docked behind private homes in the Durham Paris neighborhood. Chair Buermann stated thankfully, Balsas Cargo International and La Caloma Marina generously offered free temporary dockage for the vessels which had to relocate to allow completion of the pre-dredge survey. Therefore, explained Chair Buermann, as a token of the MRC's appreciation - unless there is any objection - he suggested the MRC offer these marinas a $300 credit towards an advertisement in the MRC's 5th Annual Miami River Map and Guide. The MRC unanimously agreed to offer Balsas and La Coloma a $300 credit towards an advertisement in the MRC's 5th Annual Miami River Map and Guide.

Chair Buermann stated all MRC board members and designees were provided the Miami River Fund Inc's FY `07 audited financial statements, Required Letter of Communication, SAS 112, in addition to the MRC Executive Board's January minutes reflecting its acceptance of seven new methods to implement the auditor's non-binding recommendations to create additional layers of internal control, checks and balances.

Chair Buermann noted he had previously reported Miami-Dade County generously continued their annual grant funding for educational Miami River boat tours. Therefore, added Chair Buermann, the MRC is currently renewing its contract with the County for the FY '07 - FY '08 grant in the amount of $34,525.

II. Presentation of Mirage Yacht, LLC., 3850 NW North River Drive
Chair Buermann welcomed Mr. Mike Hatami, Mirage Yachts, LLC, whom pointed out the subject property on a Miami River "Upper River" aerial and distributed an informational packet containing the history of Mirage Yacht, former Industrial Waste 5 Annual Operating Permits issued by the Miami-Dade County Department of Environmental Resources Management (DERM) for the site, and past applications for an Occupational License within the City of Hialeah. W. Hatami provided the following information:

• The proposed site is located on NW North River Drive. immediately west of the CSX Bridge and just east of the salinity dam at the end of the navigable waterway on the Miami River on NW North River Drive.
• Property was built in the late 1930's as a base for maintenance and repair of PT boats, submarine chasers as well as other marine related craft used during WWII.
• Last property on the north side of the Miami River, located on the federal navigable waterway
• The property from the 1950's onward has always had a marine use, either boat/ship building and repair or cargo handling and storage.
• From the late 1970's till 1995 the NW 1/4 of the property was fenced off and used as an automotive repair station including a body shop, tire shop, mechanics shop as well as gas station while the other 3/4 of the property was still used for the marine industry.
• In 1996 the property was licensed by the City of Hialeah and DERM to repair and build ships as well as handle cargo.
• The businesses licensed by the state and the county continued to operate until 1999 when the property was vacated. The property was identified by the state and county as one of the properties that was going to be taken for the ST Road 112 / Miami Intermodal Center (MIC) expansion.
• In 2007 the property was removed from consideration for the 112 / MIC and was offered for sale.
• Mirage Yacht has purchased a 70 ton Travel lift (crane used to remove yachts from the water) and has a 150 ton Travel lift on order which would be the largest Travel lift on the Miami River. The 150-ton travel lift will attract more business to the upper river as the only machine of that size in South Florida is in Ft. Lauderdale.

Mr. Hatami noted Mirage Yacht acquired the property for the purpose of yacht building and repair, adding that during the course of the company's due diligence period, previous IW-5 (Industrial Waste 5 permits) and occupational licenses were found to have been issued by DERM and the City of Hialeah for the purpose of automotive repair, ship building and ship repair. Mr. Hatami explained that in October 2007, DERM declined Mirage's application for an IW-5 permit because the property was not connected to a sanitary sewer and refused to grandfather in the previous IW-5 permits. W. Hatami reasoned that since the property is located in the southernmost tip of the City of Hialeah, there are no sanitary sewer mains in close proximity to the property, therefore making sewer connection economically unfeasible. Mr. Hatami added the closest connection is in front of the Jai Alai, necessitating burrowing a tunnel under the CSX rail road crossing at an estimated cost of $750,000 - $500,000. Mr. Hatami added that, upon review of the property's history, it has never been connected to a sewer, nor has it ever been contaminated. Mr. Hatami added the site functions with a septic sewage tank.

Mr. Hatami noted reutilizing the property for a marine industrial use is in accordance with the Miami River Commission's Upper River plans as outlined in the MRC's strategic plan, and would attract more recreational boaters further up river while generating more jobs in the area. Mr. Hatami stated since creating the proposed Mirage Yacht business on this vacant upper river is consistent with the Miami River Corridor Urban Infill Plan, he respectfully requested the MRC's support in achieving Mirage's goals.
Ms. Megan Kelly, co-chair of the MRC's Economic Development & Commerce Subcommittee referenced the provided subcommittee's January 16, 2008 meeting minutes, which contain a review of the proposed Mirage Yachts boat manufacturing facility. Ms. Kelly stated as Co-Chair of the EDC she recommended the MRC find the proposed new "Mirage Yacht" business to be consistent with the Miami River Corridor Urban Infill Plan. Ms. Kelly reported the EDC noted that the site is currently zoned industrial, has featured permitted marine industrial businesses for decades, and currently doesn't have a business operating on the site.

Chair Buermann welcomed Mr. Carlos Espinosa, Director of the Miami-Dade County Department of Environmental Resources Management (DERM), whom noted that the current issue with the marine industrial-zoned property is that it is not connected to the County's sanitary sewer system. Director Espinosa explained there is a higher risk of contamination from a septic tank than a direct connection to the sanitary sewer system. Director Espinosa reported the last time this site was issued an IW-5 permit was in 1997, and noted DERM has not issued a marine operating permit for the subject property since 2003. Director Espinosa stated the Appeal Board has the authority to issue a variance to allow the site to continue operating with a septic tank, after considering hardships including costs, locations, etc. Director Espinosa noted the Appeal Board has the authority to grant time extensions for the required hook up to the sanitary sewer system as well. Director Espinosa added the site is currently permitable for other marine industrial uses such as a marina, which does not produce hazardous materials associated with the proposed boat manufacturing.

Mr. Espinosa noted that Mr. Hatami had experienced a similar issue with a previous property, and is therefore familiar with DERM's appeal process. Mr. Hatami stated that, in regards to the aforementioned property, Mr. John Renfrow, Director of the Miami-Dade Water & Sewer Department (WASD), had granted him a one-year grace period in order to connect to the sanitary sewer system.Mr. Espinosa recommended that Mr. Hatami request a review of his current case before DERM's appeal board, which may perhaps grant a variance or an extension of time to make the necessary sanitary system connection at the site. When Mr. Hatami reiterated that there does not exist any nearby sanitary sewer mains, Mr. Espinosa recommended that he express this hardship before the appeal board.
Chair Buermann expressed he did not believe that the MRC had any direct authority regarding sanitary sewer issues, and therefore recommended that the MRC review the subject property to determine whether it is consistent with the planning concepts in the adopted Miami River Corridor Urban Infill Plan.
Mr. Richard Dubin asked if there was any technology currently available to assist Mr. Hatami with his issue, and Mr. Espinosa encouraged Mr. Hatami to discuss possible options with DERM's appeal board.

Mr. Robert Ruano noted the proposed new Mirage Yachts boat manufacturing facility is located in Hialeah, and asked if the City of Hialeah is supportive of the project. Mr. Hatami replied yes, and Mr. Ruano asked if the City of Hialeah was willing to assist in providing the sanitary sewer hookup. Mr. Hatami replied representative of the City of Hialeah had noted if the nearby Jai Alai facility expands, the project may include extensions of the existing Miami-Dade County sanitary sewer system laterals which may become closer to the subject Mirage Yachts site. Mr. Hatami added hooking up to the sanitary sewer system would still probably need to be tunneled beneath the Railroad line, which the City of Hialeah and Miami-Dade County has not offered any assistance with.

Dr. Ernie Martin moved a resolution in support of the EDC's recommendation, finding the proposed new "Mirage Yacht" business to be consistent with the Miami River Corridor Urban Infill Plan; the resolution was seconded by Mr. Richard Dubin and passed unanimously.

III. Discussion of 12th Annual Miami Riverday - Ms. Ashley Chase, MRC Assistant Managing Director, noted she had provided MRC board members with the 12th annual Miami Riverday estimated mid-level budget, which includes line items for advertising and children activities. Ms. Chase noted the project's current income is $29,510.44, while expenses are $30,632.33. Chair Buermann thanked Ms. Chase for her hard work in obtaining sponsors, considering today's "tough" economic climate. Ms. Chase noted the Miami River Fund, Inc. had recently rendered a decision regarding the 12h' annual festival, and deferred to President Philip Everingham.

MRFI President Everingham stated the MRFI recently determined that the cancellation of Riverday would send a "wrong message" along the Miami River, and therefore authorized utilizing up to $5,000 if necessary to co-sponsor the 12th Annual Miami Riverday on April 12, 2008, which would be the MRFI's first cash contribution in addition to the annual in-kind sponsorship of planning, coordination and administrating Miami Riverday.

Mr. Robert Ruano asked if the $5,000 would be taken out of existing awarded grants, and Vice-Chair Everingham replied the MRFI authorized Mr. Bibeau to utilize up to $5,000 out of existing eligible grants.

Mr. Gary Winston thanked Merrill-Stevens for their $5,000 Riverday contribution and continued support for the Miami River, and suggested they receive special recognition. Mr. Mark Bailey, Merrill-Stevens, replied your welcome. Mr. Winston acknowledged MRC Chairman Buermann's personal donation for Riverday as well.

The MRC agreed to extend the sponsor deadline to February 15, 2008. MRC Vice Chair Everingham moved a resolution to authorize the utilization of the presented "mid-level" 12th Annual Miami Riverday estimated budget with up to $5,000 from the MRFI to co-sponsor the 12te Annual Miami Riverday on Saturday, Apr11 12, 2008. The resolution was seconded my Ms. Jane Caporelli and unanimously adopted by the MRC.

IV. MRC Subcommittee Reports
a. Dredging Subcommittee (DSC) - Chair Buermann provided the following Miami River Maintenance Dredging Project report:

On May 24, 2007, the ACOE awarded dredging in the projects next acceptance sections 7 & 8 of 15, and the ACOE's contractors are currently remobilizing, and should be fully operational and dredging in the River no later than February 15, 2008. Their hydraulic excavator, `Barredor Del Rio" and the Boskalis sediment processing plant have returned to the upper river site and the plant site's seawall repair is complete.

The MRC continues to support Miami-Dade County's "Critical Priority" ST request for $10 million to fmish the 40% completed $86 million project. Chair Buermann thanked the appropriation sponsors: the Honorable Senator Alex Diaz de la Portilla and Honorable Representative David Rivera, both of whom sponsored the dredging funding requests last year as well. In addition, the SFWMD will apply in April 2008 for an additional $3 million grant towards the federal funding cost share balance due from FIND, which has already awarded the project $6.68 million.

DERM is currently working towards collecting and forwarding to the ACOE all previously appropriated an yet to be expended or obligated estimated $23 million, from the now 5 local project sponsor cost share partners, the State of Florida, the Florida Inland Navigation District (FIND), the South Florida Water Management District (SFWMD), the City of Miami and Miami-Dade County, which is sufficient to award dredging within Acceptance Sections 9-12. This is a critical time sensitive lynch pin to the project. Then the estimated additional $10 million in new appropriations are needed by the ACOE before July 31, 2008, in order to award the final acceptance sections before their contract's September 30, 2008 deadline.

As you recall the ACOE's 5 year contract sets the price as a flat rate per cubic yard removed, and if we are unable to complete the project under the current contract any potential new contract is expected to become more expensive. Since the dredging is proceeding towards the mouth of the Miami River, all of the projects benefits depend on its completion. Therefore the dredging subcommittee is continuing to work with our partners to ensure after remobilization the project is completed under the current contract
without further interruptions and delays. Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project may be completed late this year.

The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas. The ACOE wrote the Florida Department of State ordering removal of their collapsed seawall which is in the federal navigable channel, yet the ST still needs to secure the required $750,000 match for their awarded FIND grant to conduct the seawall replacement. In addition, FDOT indicated the 5 ST and 12 Ave Bridges will be completely removed before the dredgers arrive; therefore this additional quantity of sediment located within the footprints of the old Bridge locations will be dredged.

The next regularly scheduled third Wednesday of the month dredging subcommittee meeting is February 20, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

b. Urban Infill Working Group (UIWG) - On behalf of UIWG Chair Jim Murley, Mr. Bibeau provided the following update: The UIWG's next public meeting is February 13, 2008, 10 AM, at the Robert King High New Board Room, 1407 NW 7 Street. Mr. Bibeau noted the interesting agenda includes review of draft amendments to the City Code Chapter 50 regarding waterfronts, the City of Miami Comprehensive Plan based on the EAR recommendations, and the updated draft Miami 21 Eastern Quadrant. In addition, Mr. Bibeau stated the UIWG will be reviewing an updated presentation regarding the proposed NW 7 Ave Corridor reversible lane project. All of the aforementioned items may be placed on the MRC's March 3, 2008 agenda. Mr. Bibeau added the UIWG's January 15 meeting minutes reflect updates on several River area transportation projects, including, I ST, 17 Ave, 12 Ave, 5 ST, and humpback Bridge repair and replacement projects.

c. Greenways Subcommittee - Dr. Ernie Martin, Chair of the GSC provided the following update:

Dr. Martin noted MRC staff distributed his summary of the National Park Service's Resource Study of the Miami Circle site, which includes Dr. Martin's following recommendation. As Chair of the Greenways subcommittee, Dr. Martin moved a resolution for discussion, that the MRC make the following 3 part recommendation:

1) Endorsing the least expensive and maximum green space "Option 1 - Urban Open
Space" with the following conditions:

• In addition to a publicly accessible riverwalk, remove the depicted fence which would block public access to the site's greenspace, consistent with Option #2, which doesn't have a fence and provides public access to the entire site, not only the riverwalk area.
• Include "Boat Tours" operating from the existing adjacent small dock, as depicted & planned in Options 3 & 4.
• Incorporate the FDOT public rights of way beneath the Brickell Bridge into the site improvements, including but not limited to an area for restrooms, cafe, limited parking, etc.

2) The worthy Miami Circle site should be designated as a National Historic Landmark. The State of Florida is re-nominating the Miami Circle for the National Historic Landmark designation, which will be considered at the next National Parks System Landmarks Committee Advisory Board meeting, estimated in Spring 2008. After the Miami Circle is designated a National Historic Landmark (NHL) by the Secretary, the MRC should recommend amending this component of the Special Resource Study to reflect its designation, which therefore establishes the third and final criteria of "national significance".

1. Congress includes "cultural resources" as part of the stated "purpose" for the nearby Biscayne National Park, which would then allow the Miami Circle, which is an identified "cultural resource", to meet the criteria of being related to the purpose of the Park. Therefore Congress may consider adding the Miami Circle site as part of the Biscayne National Park.

Representative Luis Garcia noted he had recently met with Mr. Bob McCammon, Director of the Historical Museum of South Florida (HMSF), whom had expressed an interest in providing future tours at the Miami Circle and potentially developing the site. Representative Garcia added that the HMSF had recently signed a lease agreement with the Department of State to maintain the site. Mr. Bibeau thanked Representative Garcia for his strong support of replacing the site's collapsed seawall and providing public access via creating a riverwalk adjacent to the Miami Circle. Mr. Bibeau reported Mr. McCammon has recently submitted an email noting that the HMSF's future plans for the site are essentially consistent with the National Park Service's "Urban / Open Space - Option 1", which includes a publicly accessible riverwalk. Mr. Bibeau noted the National Park Service's deadline to submit requested comments on their Miami Circle Special Resource Study is February 23. Mr. Bibeau noted the National Park Service will then submit their Miami Circle Special Resource Study and received advisory comments to Congress.

Mr. Ruano asked how many options were currently proposed by the National Park Service Special Resource Study, and Dr. Martin replied the Study was e-mailed several days before the MRC meeting to all MRC members and designees, and it includes four options. Mr. Bibeau then provided at the meeting a printed copy of the NPS Miami Circle Special Resource Study with the four options. Dr. Martin noted all four options include a publicly accessible riverwalk, and he specifically recommends the "Open Space - Option 1" because it provides the maximum publicly accessible green space on the site.

Mr. Gary Winston recommended that the MRC provide general comments rather than endorse a particular option. Representative Garcia agreed with Mr. Winston. Mr. Winston noted he was in favor of preserving the site and transforming it into a tourist destination, yet was uncomfortable with emphasizing dock locations.

Dr. Martin noted he believed the MRC should endorse the following principles/recommendations which are consistent with the Miami River Greenway Action Plan: preservation of green space and the construction of a publicly accessible riverwalk. Dr. Martin noted the Related Group had made written and verbal pledges regarding the Miami Circle while seeking approval of the Major Use Special Permit for their neighboring Icon development, which is currently under construction. Ms. Patricia Hams noted she endorses preserving as much green space as possible on the Miami Circle site.
Mr. Ruano moved a resolution for the MRC to support the Miami Circle having a publicly accessible riverwalk and maximum green space, and be approved as a National Historic Landmark. The resolution was seconded by Vice Chair Phil Everingham, and unanimously adopted.
Dr. Martin reported on January 26, the MRC coordinated, sponsored and participated in a clean-up with UM volunteers on the City owned Greenway along North River Drive. We continue to discuss means to increase maintenance, security and special events along the Greenway with the City of Miami. Mr. David Brown, Urban Tours, is planning the 10 Annual Downtown Miami Riverwalk festival in May 2008.
On January 28, Roger Hemdstadt, Chief of Staff for Manager Hernandez, invited Dr. Martin and MRC staff to have the quarterly meeting regarding greenways with, Assistant City Manager Bill Anido, Public Works Director Stephanie Grindell, Building Director Hector Lima, Zoning Orlando Toledo, Planning Director Ana Gelabert Sanchez, CIP Director Ola Aluko, Mr. Robert Weinreb, and others. Dr. Martin noted during the meeting a City Rep indicated "Latitude on the River" only has a TCO and they will be required to connect their publicly accessible riverwalk to the 2 Ave Bridge riverwalk and widen the connection with "Vertika on the River", before the City will issue a final CO for "Latitude on the River".
Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as-built and permitted dimensions, MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in the MRC Greenways subcommittee's public monthly meeting minutes. The City of Miami has requested modifications to fow of five of the private sector constructed riverwalk sections built thus far, because they were not consistent with the dimensions approved by the City Commission. The City Manager's Chief of Staff, Roger Hernstadt, directed the administration in October 2007 to draft letters to additional river developers requesting their rive rwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission, yet the letters are yet to be drafted.
Dr. Martin recommended the City of Miami apply to the available Florida Department of Environmental Protection (DEP) Recreational Trails Program (RTP) grant opportunity for the construction of the riverwalk within Lummus Park.

The Greenways subcommittee's next regularly scheduled second Wednesday of the month public meeting will be held on February 13, 2008, 2 PM, United Way, 3250 SW 3 Ave.

d. Stormwater Subcommittee - On behalf of Stormwater Subcommittee (SSC) Chair Sallye Jude, Mr. Bibeau provided the following update: The SSC's January minutes reflect continued progress towards implementing the MRC's Miami River Basin Water Quality Improvement Plan. The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.

The subcommittee is currently considering the different testing methods to continue seeking the pollution sources in Wagner Creek and Seybold Canal. Ms. Waters, City of Miami, is providing a PowerPoint presentation on the different options during the next Stormwater Subcommittee' publicly noticed meeting which will be held at 1407 NW 7 ST, New Board Room on February 6, 10 am.

e. Economic Development and Commerce Working Group - Co-Chair Megan Kelly noted the EDC met on January 16, 2008, and the minutes were distributed. The FAU economists are making progress on completing the Miami River Marine Industrial Economic Analysis and three peer review, yet they have requested a contract extension to April 1, 2008, which the MRC will execute. W. Winston inquired about the original contract, and Mr. Bibeau replied it required creation of the Miami River Marine Industrial Economic Analysis by February 1, 2008 and includes a phased payment approach, of which an estimated 60% of the contract with FAU has been paid for work completed thus for on the Analysis.

f. Public Safety - Per the MRC's discussion during its December meeting, Mr. Winston noted the City of Miami had provided him with CDs of crime statistics/reports within the Miami River Corridor from 2005-2007. Mr. Winston provided a copy to MRC staff, which is available to the public. Mr. Bibeau added Co-Chair Winston received the requested County crime statistics for the unincorporated Miami-Dade County portion of the Miami River as well.

Mr. Bibeau noted he assisted the City of Miami Marine Patrol Sergeant Gonzalez in identifying the parties responsible to remove obstacles to navigation for the Marine Patrol to have access in the Miami River's North and South Fork tributaries.

V. New Business - no items were addressed/discussed:

• MRC staff has provided copies of the MRC 2007 Annual Report, created by Mr. Mark Sell, Wragg & Cassas with input from the MRC members. Chair Buermann thanked W. Sell for his tremendous job.
The next MRC meeting will be March 3, 2008, noon at the United Way, 3250 SW 3rd Ave.

The meeting adjourned.

I. MRC Chair Report - Discussion ensued regarding MRC’s standard operating procedure of counting quorum as 10, based on 50% plus one of a fully appointed 18 member MRC board, although currently the Honorable Governor Crist has two available appointments to the MRC, leaving the MRC with 16 members.  Therefore when the 50% plus one policy is applied to the MRC’s currently appointed 16 member board, quorum would become 9, which is one less than the current quorum of 10.  Mr. Robert Villar, asked Mr. Brett Bibeau, MRC Managing Director, to provide a report on MRC quorum requirements for the MRC’s April meeting.  Chair Eric Buermann asked to entertain a motion regarding the MRC’s February 4, 2008 meeting minutes. Vice-Chair Phil Everingham moved a resolution for the MRC to adopt their February 4, 2008 meeting minutes.  The resolution was seconded by Ms. Megan Kelly and unanimously adopted by the MRC.

II. Discussion of Evaluation Appraisal Report (EAR) Recommended Amendments & the Non-EAR Recommended Amendments to the City of Miami Comprehensive Neighborhood Plan – MRC Chairman Buermann welcomed MRC Urban Infill Working Group (UIWG) Chairman Jim Murley, whom provided a brief overview of the City of Miami’s Evaluation Appraisal Report (EAR) planning process, which he noted commenced several years ago and was adopted by the City Commission in 2005, as required by Florida State Statute.  UIWG Chair Murley noted one week prior to the MRC meeting, staff had emailed all MRC board members and designees the full set of draft EAR recommended amendments to the City of Miami’s adopted Comprehensive Neighborhood Plan, the City’s “Addendum 1” to the proposed EAR based amendments to the Comprehensive Neighborhood Plan, a second set of City administration proposed Non-EAR recommended amendments to the Port of Miami River sub-element within the Comp. Plan (dated Feb. 12, 2008), a February 11, 2008 document entitled, “Draft EAR Based Amendments to the City of Miami’s Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor”, and the February 13, 2008 MRC UIWG meeting minutes.  Mr. Bibeau noted he had a copy of all the aforementioned documents available upon request, and distributed copies of the MRC UIWG’s Feb. 13, 2008 meeting minutes, which contain UIWG Chair Murley’s recommendations and suggested conditions.

UIWG Chair Murley noted the draft EAR recommended amendments to the City of Miami’s Comprehensive Neighborhood Plan would be presented to the City of Miami’s Planning Advisory Board (PAB) during a public workshop on March 5, 2008, the subsequent Planning Advisory Board public hearing on March 19, and to the Miami City Commission on April 24, 2008.

The MRC recognized Alexander Adams, City of Miami Planning Department, whom stated he had an update regarding the draft Miami 21, yet was not prepared to present the draft amendments to the Comprehensive Plan.  UIWG Chair Murley noted Mr. Harold Ruck, City of Miami Planning Department, and Ms. Maria Chiaro, Assistant City Attorney, had provided a presentation of the draft EAR-recommended and non-EAR recommended amendments during the publicly noticed UIWG meeting on February 13, 2008.  UIWG Chair Murley added during that meeting, Mr. Ruck had provided the UIWG the second and different February 12, 2008 version of the City Administration’s proposed non-EAR recommended amendments to the Port of Miami River Sub-element to the Comprehensive Plan.  UIWG Chair Murley noted although the draft EAR based amendments to the Comprehensive Plan did not propose significant revisions to the Port of Miami River Sub-element, the new 2/12/08 non-EAR based draft City Administration proposed amendments redefine the Port of Miami River Sub-element as only applying to properties west of 27th Avenue.  UIWG Chair Murley noted his recommendation for the MRC to find the draft EAR-based amendments to the City’s Comprehensive Plan consistent with the Miami River Corridor Urban Infill Plan subject to the MRC’s new and old conditions are found on pages 5 & 6 of the UIWG’s redistributed 2/13/08 meeting minutes.  Ms. Megan Kelly made a resolution for the MRC to adopt the UIWG Chair Murley’s recommendation to find the EAR based amendments to the City of Miami Comprehensive Neighborhood Plan consistent with the Miami River Corridor Urban Infill Plan subject to the MRC’s previously formulated EAR recommendations and additional conditions as stated in the UIWG’s February 13, 2008 meeting minutes.  The motion was seconded by Richard Dubin.

Mr. Robert Ruano entered the meeting and asked what the MRC was voting on.  UIWG Chair Murley restated a summary of the EAR recommended amendments to the City of Miami’s Comprehensive Plan.  UIWG Chair Murley added the MRC has been involved with the City’s EAR process for years and his updated recommendation is contained in the UIWG’s redistributed February 13, 2008 meeting minutes.  MRC Chair Buermann noted a resolution was moved and seconded for the MRC to adopt the Urban Infill Working Group (UIWG) Chair Murley’s recommendation to find the EAR based amendments to the City of Miami Comprehensive Neighborhood Plan consistent with the Miami River Corridor Urban Infill Plan subject to the MRC’s previously formulated EAR recommendations and additional conditions, as stated in the UIWG’s February 13, 2008 meeting minutes on pages 5 & 6.

Mr. Ruano stated he is reading the UIWG Chair Murley’s conditions as stated in the UIWG’s 2/13/08 meeting minutes, and asked where within PA 3.1.1 does UIWG Chair Murley recommend inserting the remaining portion of the EAR recommended new text for Policy PA 3.3.1, “in order to support and enhance the Port of Miami River’s economic importance and viability as a port facility”.  UIWG Chair Murley replied he recommended inserting the remaining portion of the EAR recommended new text for PA 3.1.1 immediately after the remaining proposed new text.

MRC Chair Buermann restated there is a resolution on the floor, which was moved by Ms. Kelly and seconded by Mr. Dubin, for the MRC to adopt the UIWG Chair Murley’s recommendation to find the EAR based amendments to the City of Miami Comprehensive Neighborhood Plan consistent with the Miami River Corridor Urban Infill Plan subject to the MRC’s previously formulated EAR recommendations and additional conditions as stated in the UIWG’s February 13, 2008 meeting minutes on pages 5 & 6.  The MRC unanimously adopted the resolution.

UIWG Chair Murley noted on February 12, 2008 the City Administration provided a separate and different set of proposed amendments to the Port of Miami River sub-element of the Comprehensive Plan.  UIWG Chair Murley stated the non-EAR recommended Feb. 12, 2008 set of draft amendments to the Comprehensive Plan were e-mailed to all MRC members / designees one week prior to the MRC meeting, in addition to the UIWG’s February 13, 2008 meeting minutes, which contain a presentation and discussion of this set of draft amendments.  MRC staff distributed printed copies of the City administration’s aforementioned 2/12/08 set of draft amendments to the Port of Miami River sub-element in the Comprehensive Plan, and copies of the UIWG’s Feb. 13, 2008 meeting minutes.  UIWG Chair Murley reported in late February the City of Miami Planning Advisory Board deferred considering this 2/12/08 set of amendments to the Port of Miami River sub-element to April 16, 2008. 
UIWG Chair Murley noted FL State Statute requires relevant factual “data and analysis” to support proposed amendments to the Comprehensive Plan, illustrating the reasoning behind any recommended amendments.  UIWG Chair Murley stated no data and analysis had been provided to support the proposed non-EAR recommended Feb. 12, 2008 set of amendments to the Port of Miami River sub-element within the City’s Comprehensive Plan, which he believes sends the wrong message in terms of citizen participation.  UIWG Chair Murley noted the re-distributed UIWG’s Feb. 13, 2008 meeting minutes reflect his recommendation for the MRC to find the proposed 2/12/08 version of Non-EAR recommended amendments to be inconsistent with the Miami River Corridor Urban Infill Plan.

Dr. Fran Bohnsack, Executive Director of the Miami River Marine Group, noted one of the proposed Non-EAR recommended amendments to the Port of Miami River sub-element is to delete the U.S. Coast Guard and U.S. Army Corps of Engineers, and insert the Miami River Commission, yet excludes the Miami River Marine Group.  Dr. Bohnsack stated she recommends not deleting the U.S. Coast Guard and U.S. Army Corps of Engineers from the Port of Miami River sub-element to the City’s Comprehensive Plan.  UIWG Chair Murley replied he suggests the MRC find the proposed amendment to PA 3.3, in addition to all of the proposed amendments within the Feb. 12, 2008 set of draft revisions to the Comp. Plan, to be inconsistent with the Miami River Corridor Urban Infill Plan. 

UIWG Chair Murley stated the new 2/12/08 non-EAR recommended draft City Administration proposed amendments redefine the Port of Miami River Sub-element as only applying west of 27 Ave, where there is only one marine industrial site within the City of Miami.  UIWG Chair Murley added the City of Miami’s Comprehensive Plan only applies to parcels within the City of Miami.  State Representative Garcia asked if this could be classified as spot zoning, which he noted therefore maybe legally contested.  UIWG Chair Murley replied yes, if the City adopts the current draft, that point would most likely be raised in the anticipated legal challenge from an impacted party, not the MRC.  UIWG Chair Murley stated he didn’t want to speculate or reflect on the recent Miami Herald articles and editorials on this issue which he defines as a train wreck.  UIWG Chair Murley stated he hopes the current draft will either be pulled or significantly revised, and a different version which he could recommend is consistent with the MRC’s strategic plan would be able to come back before the MRC for more positive consideration.  UIWG Chair Murley stated the FL Legislature provided support for Marine Industrial uses when they adopted the Working Waterfront Bill.  UIWG Chair Murley added the proposed amendment to the Port of Miami River sub element would diminish the working waterfront within the City of Miami.  Vice Chair Everingham moved a resolution to support the UIWG Chair’s recommendation as stated in the UIWG’s February 13, 2008 meeting minutes, finding the proposed 2/12/08 version of the Non-EAR recommended amendments to be inconsistent with the Miami River Corridor Urban Infill Plan.  The motion was seconded by Richard Dubin.

Mr. Ruano asked if the 2/12/08 version of proposed amendments to the Port of Miami River sub-element was the distributed copy before him at the meeting.  Mr. Bibeau replied yes, MRC staff had redistributed copies of the City’s 2/12/08 draft version of non-EAR recommended amendments and the UIWG’s 2/13/08 meeting minutes during the MRC meeting, which MRC staff had originally e-mailed all MRC members and designees the documents one week prior to the MRC meeting. Referencing the 2/12/08 draft amendments, Mr. Ruano stated the proposed new text only mentions “commercial shipping” to become west of the 27 Ave Bridge, and asked Mr. Murley to define “commercial shipping”. UIWG Chair Murley replied the Port of Miami River sub-element includes all of the Port’s marine industrial uses including shipping, recreational boatyards, boat manufacturers, tug boat basins, commercial fishing operations, vessel rescue, marinas, etc., therefore it applies to all riverfront sites zoned Marine Industrial SD-4.  Dr. Bohnsack stated the proposed amendments also specifies the Port of Miami River sub-element will only apply west of 27 Ave, primarily outside of the City limits, for the River’s entire marine industrial base, in addition to commercial shipping.   UIWG Chair Murley stated property owners of parcels zoned Marine Industrial SD-4 have rights which would be deleted if the 2/12/08 set of amendments to the Industrial, Port of Miami River sub-element of the Comprehensive Plan were approved.  MRC staff distributed the MRC’s previously generated “Miami River Marine Industrial Report” to all board members and designees.  UIWG Chair Murley stated the City’s currently adopted Port of Miami River sub-element within the Comprehensive Plan was created by the City as recommended in the City of Miami’s adopted 1992 Miami River Master Plan, which was a portion of the data and analysis the City produced and adopted to support the creation of their Port of Miami River sub-element.  UIWG Chair Murley explained after 9/11 the Federal Maritime Security Act identifies the entire Miami River as a Port facility, which resulted in federal Homeland Security funding, patrols, restrictions, regulations and inspections of the Port of Miami River.

Board of County Commissioners Chairman Barreiro stated he will not support the non-EAR recommended amendments to the Port of Miami River, because sites should be considered on a case by case basis, not eliminating the Port of Miami River in its entirety to the east of the 27 Ave Bridge.
 
MRC Chairman Buermann noted the recent negative press regarding the City Administration’s proposed non-EAR based amendments to the Port of Miami River sub-element was read by some of the Congressional appropriators, and is the wrong message to send while the locals are asking Congress to secure the President’s recommended $10.8 million budget request in FY ’09.

MRC Vice Chairman Everingham asked MRC Managing Director Bibeau to restate the resolution he moved.  Mr. Bibeau replied MRC Vice Chair Everingham moved a resolution, which was seconded by Mr. Dubin, for the MRC to support the UIWG Chair Murley’s recommendation as stated in the UIWG’s February 13, 2008 meeting minutes on page 5 which states, “UIWG Chair Jim Murley recommended the MRC find the proposed 2/12/08 version of non-EAR recommended amendments to be inconsistent with the Miami River Corridor Urban Infill Plan”.  The MRC adopted the resolution 10-1.

Dr. Bohnsack stated in 2004 the City of Miami amended the Coastal Management section of the Comp Plan, regarding the Miami River, without notifying the MRC in order for the MRC to formulate their advisory recommendation as requested by the City Commission.  Dr. Bohnsack stated the Miami River Marine Group recommends reinserting some of the sections deleted by the City of Miami without the MRC’s knowledge in 2004, such as CM 3 regarding providing an adequate supply of land for water dependent uses, and CM 3.1 which required no net loss of water dependent land, which she asked the MRC recommend be reinserted when the City adopts the EAR recommended amendments to the Comprehensive Plan.  MRC Chair Buermann and UIWG Chair Murley stated the UIWG will place the 2004 amendments to the Comprehensive Plan related to the Miami River on their March agenda for review and consideration.  

III.  Review of Draft Amendments to City Code Chapter 50 Regarding Waterfronts - Chair Buermann welcomed Mr. George Wysong, Assistant City Attorney, and Mr. Steven Bogner, City of Miami.  UIWG Chair Murley explained Mr. Wysong and Mr. Bogner were unable to attend the February 13, 2008 UIWG meeting when the draft amendments to the City Code Chapter 50 regarding waterfronts were discussed.  UIWG Chair Murley reported after the UIWG’s Feb. 13, 2008 meeting, the two issues he identified had been satisfactorily addressed by Mr. Bogner in that prohibiting mooring which blocks navigation remains prohibited in Sec.50-156 (b) and FL Statute CH 327.44, and derelict vessel removal is covered in Sec. 50-152, and FL Statute CH. 376.15, 705.103, and 823.11.  Therefore UIWG Chair Murley noted he suggests the MRC find the proposed amendments to CH 50 to be consistent with the Miami River Corridor Urban Infill Plan.

MRC Vice Chair Everingham asked if the draft re-write of Chapter 50 applies to bay bottoms or submerged lands owned by the City of Miami, and Mr. Wysong replied that Chapter 50 applies citywide and enforced by City of Miami Marine officers.  Board of County Commission Chairman Barreiro asked if Mr. Ruano and Mr. Wright, whom serve as two of the City of Miami’s representatives on the MRC, support the proposed amendments to the City’s CH 50 regarding waterfronts.  Mr. Ruano and Mr. Wright replied yes.  Vice Chair Everingham moved a resolution for the Miami River Commission (MRC) to find the City administration’s proposed amendments to CH 50 regarding waterfronts to be consistent with the Miami River Corridor Urban Infill Plan, therefore recommending approval.  The resolution was seconded by Chairman Barreiro and unanimously adopted by the MRC.
Page 7

Chairman Barreiro asked MRC staff to obtain the County’s Code Chapter regarding waterfronts, and suggested contacting Cathy and Haley in DERM’s coastal resources section.

IV. Review of NW 7th Avenue Reversible Lane Project - Chair Buermann welcomed Mr. Mike Riera, P.E. and Mr. Delfin Molins, Miami-Dade County Public Works, whom provided a brief overview of the proposed NW 7th Avenue (SR 7/US-441) Reversible Lane Control System Project Development & Environment (PD&E) Study. Mr. Riera added although the study is not a project-as of yet-it’s facing opposition from area residents.

UIWG Chair Murley noted Mr. Riera and Mr. Molins had presented the proposed study to the UIWG on two separate occasions.  The UIWG’s redistributed Feb. 13, 2008 minutes includes the review of a December 2007 letter from the University of Miami, expressing their concern over the NW 7th Avenue Corridor project’s potential impact on future plans of the University of Miami Miller School of Medicine and the surrounding Health District area.  UIWG Chair Murley stated he recommended the MRC concur with UM’s recommendation to eliminate the small section south of NW 20th Street from the PD & E and potential project, which is studying reversible lane alternatives along NW 7th Avenue as far north as 118 Street.

MRC Vice Chair Everingham asked when traveling north, would the proposed project allow left hand turns into Spring Garden.  Mr. Riera replied the study would look at it and may require taking three right hand turns instead.  Mr. Riera added the study incorporates potential left turns on major intersections during peak hours, 7-9 am and 4-6 pm.  Dr. Ernie Martin noted the residents of Highland Park and Spring Garden are concerned over the proposed NW 7th Avenue Reversible Lane study’s no-left-turn policy, as it is becoming increasingly difficult for them to navigate in and out of the Health District area.  Therefore Dr. Martin explained he supported UIWG Chair Murley’s suggestion for the MRC to concur with UM’s recommendation to eliminate the small section of the project and study to the south of NW 20 ST.

Mr. Robert Villar suggested that the MRC support the current NW 7th Avenue study as is throughout the entire corridor.  Mr. Ruano suggested that the study consider increasing landscaping and walk ability closer to the Miami River which has more pedestrians and less cars than the northern reaches of the project area.  Mr. Riera explained that there is no room for additional landscaping along NW 7 Ave from NW 5th to 79th St.  Mr. Riera added FDOT is currently adding new landscaping and expanding to 7th Ave along 79th to 119th Street.  Mr. Riera explained that aesthetics for the NW 7th Avenue Reversible Lane study will be determined by the State, as it is a state road.  Mr. Riera stated the current study is only addressing resurfacing and potential reversible lanes along NW 7 Ave.

Mr. Villar made a motion to support the county’s ongoing NW 7th Avenue (SR 7/US-441) Reversible Lane Control System Project Development & Environment Study, including increasing pedestrian components.  The motion was seconded and adopted 10-1.
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V. MRC Subcommittee Reports

a. Dredging Subcommittee (DSC) – Chair Buermann provided the following Miami River Maintenance Dredging Project report:

Thankfully the Miami River maintenance dredging and environmental clean-up project recommenced on February 15, 2008 within the currently awarded acceptance sections 7 & 8.  The Corps has received sufficient funding with more previously appropriated funding in route to award dredging within several additional acceptance sections, which is estimated to occur in the near future.

The MRC continues to support Miami-Dade County’s “Critical Priority” ST request for $10 million to complete the 40% finished $86 million project.  I would like to thank the appropriation sponsors the Honorable Senator Alex Diaz de la Portilla and Honorable Rep. David Rivera, both of which sponsored the dredging funding requests last year as well.  In addition, the SFWMD will apply in April 2008 for an additional $3 million grant towards the federal funding cost share balance due from FIND, which has already awarded the project $6.68 million.  All funding must be provided to the Corps before July 31, 2008, in order to award the final acceptance sections before their contract’s 9/30/08 deadline.

As you recall the ACOE’s 5 year contract sets the price as a flat rate per cubic yard removed, and if the project is not finished under the current contract any potential new contract is expected to be more expensive than the current contract, which was executed in 2004.  Since the dredging is proceeding towards the mouth of the Miami River, all of the project’s benefits depend on its completion.  Therefore the dredging subcommittee is continuing to work with our partners to ensure the project is completed under the current contract without further temporary demobilizations, interruptions and delays.  Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project maybe completed late this year.
   
The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas.  The ACOE wrote the FL Dept of State ordering removal of their collapsed seawall which is in the federal navigable channel, yet the ST still needs to secure the required $750,000 match for their awarded FIND grant to conduct the seawall replacement.  In addition, FDOT has indicated the 5 and 12 Ave Bridges will be removed before the dredgers arrive.

Mr. Bibeau attended the Dade DC “fly in” last week and met with the entire Dade Congressional Delegation, ASA Woodley, and staff.  As you recall the Federal FY ’09 starts after the current contract deadline, so the Federal FY ’09 appropriation would be used towards refunding the previously utilized non-required local contributed funding.  The president included a record high $10.8 million for the project in his FY ’09 recommended budget submittal, and Congress has always provided slightly more than the President’s budgeted amount for the project.

Chair Buermann stated a third Miami River marina, the “Miami River Park Marina,” formerly known as “Consolidated Boat Yard,” has generously offered a few temporary slips free of charge for River resident’s boats having to temporarily relocate for the Miami River Maintenance Dredging project.  Chair Buermann noted last month, the MRC had agreed to provide the first two marinas-which offered similar temporary slips free of charge-a $300 credit in the MRC’s 5th Annual Miami River Map and Guide.  Therefore, Chair Buermann stated unless there was any objection, he would like the MRC to provide the same offer to the “Miami River Park Marina” as a token of the MRC’s appreciation.

The next regularly scheduled 3rd Wednesday of the month dredging subcommittee meeting is March 19, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

B. Urban Infill Working Group (UIWG) – Chair Jim Murley stated the UIWG’s next public meeting is March 14, 2008, 9 AM, at the Robert King High New Board Room. The agenda includes the revised draft Miami 21, which is now not only for the Eastern Quadrant but the entire City of Miami.  The citywide draft Miami 21 will be considered by the City Commission in April, therefore the MRC will consider it during its April 7 meeting.

Mr. Alex Adams, City of Miami Planning Department, noted the new draft Miami 21 code would be posted on the City of Miami Planning Department website, as well as on www.miami21.org, on March 7 - along with additional fact sheets and links.  Mr. Adams stated he had brought with him copies of an updated Miami 21 FAQ, as well as new draft copies of the baywalk/riverwalk section.  Mr. Adams noted the City Manager had agreed to give the public at least four weeks to review the Miami 21 web documents before it is considered by the Miami City Commission.  Mr. Adams added a Miami City Commission date to consider the updated draft Miami 21 has yet to be scheduled.

C.  Greenways Subcommittee (GSC) – Dr. Ernie Martin, Chair of the GSC provided the following update:

The Miami River Greenway remains under construction.

The MRC is coordinating and sponsoring hundreds of volunteers in clean up and beautification projects on two upcoming Saturday mornings, March 15 and April 26.  The GSC continues to discuss means to increase maintenance, security and special events along the Greenway with the City of Miami.  Mr. David Brown, Urban Tours, is planning the 1st Annual Downtown Miami Riverwalk festival in May 2008.

On January 28, Roger Herndstadt, Chief of Staff for Manager Hernandez, invited the GSC to have the quarterly meeting regarding greenways with, Assistant City Manager Bill Anido, Public Works Director Grindell, Building Director Lima, Zoning Administrator Toledo, Planning Director Ana Gelabert Sanchez, CIP Director Aluko, Mr. Weinreb, and others.  Zoning Administrator Toledo stated Latitude on the River only has a TCO and they will be required to connect their publicly accessible riverwalk to the 2nd Ave Bridge riverwalk, before the City will issue a final CO for Latitude on the River.

Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions,  MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in the GSC’s monthly meeting minutes.  The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission.  The City Manager’s Chief of Staff, Roger Hernstadt, directed the administration in October 2007 to draft letters to additional river developers requesting their riverwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission, yet the letters are yet to be drafted.  In addition, the GSC continues to recommend the City enforce their seawall ordinance, and request property owners with seawalls in poor condition to make the necessary repairs in order to avoid seawall collapses such as the one which occurred at the Miami Circle.

The GSC continues to recommend the City of Miami apply to the available Florida Department of Environmental Protection (DEP) Recreational Trails Program (RTP) grant opportunity for the construction of the riverwalk within Lummus Park.

The GSC is recommending the creation of a riverfront pocket park on a vacant paved public right of way parcel adjacent to the newly constructed on-road greenway on North River Drive, beneath and south of the 1 ST Bridge, which is owned by the City of Miami.

The Greenways subcommittee’s next regularly scheduled second Wednesday of the month public meeting will be held on March 12, 2008, 2 PM, at the Robert King High New Board Room.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude noted the SSC’s February minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.  The SSC’s regulatory agencies are considering the different testing methods to continue seeking the pollution sources in Wagner Creek and Seybold Canal.  The next regularly scheduled publicly noticed SSC meeting will be held at the Miami River Inn, 118 South River Drive, on the first Wednesday of the Month, March 5, at 10 am.

E. Economic Development and Commerce Working Group (EDC) – Co-Chair Megan Kelly noted the FAU economists are making progress on completing the Miami River Marine Industrial Economic Analysis and three peer review by April 1, 2008.  The next publicly noticed EDC meeting is scheduled for March 17, 3 PM, 1407 NW 7 ST.

F. Public Safety – Dr. Fran Bohnsack noted the Miami River had conducted homeland security drills with Miami-Dade, Broward and Palm Beach Counties in February, and received accolades from the US Coast Guard.  Dr. Bohnsack noted the Miami River Marine Group was recently declared a fiscal agent for a federal port security grant focused on maritime domain awareness.  Dr. Bohnsack added that $2.9 million has been set aside for plans promoting ports, including the Port of Miami River.  Mr. Dubin added although the Port of Miami River has numerous privately owned international shipping terminals and agencies, the Port of Miami River is well organized and is meeting all federal requirements regarding homeland security.

VI. New Business – Chair Buermann asked Ms. Ashley Chase, MRC Assistant Managing Director, to provide a brief update of the 12th Annual Miami Riverday festival.  Ms. Chase noted the project’s current income is over $49,000.  Ms. Chase thanked the City of Miami for graciously providing a $5,000 Riverday sponsorship ($4,000 cash contribution from the Office of Sustainable Initiatives, $500 cash contribution from EcoZone, and a $500 City of Miami in-kind sponsorship).  Ms. Chase thanked the Miami-Dade County Department of Cultural Affairs for awarding the MRC a $6,900 Community Grant for Riverday.  Chair Buermann thanked the County, the City of Miami and Ms. Chase for their assistance.  Ms. Chase noted although the MRC had authorized using up to $5,000 of their own funding towards Riverday, she believes no more than $2,500 from the MRC maybe necessary.  Mr. Ruano added he was pleased that the petting zoo is coming back to this year’s Riverday, which is a favorite of the children.  Ms. Jude stated she continues to meet with Ms. Chase and the informal Riverday Organization committee.  Ms. Jude added this year’s Riverday will be great, noting the number of environmental educational organizations which will participate has increased from last year’s Riverday festival.

The next MRC meeting will be April 7, 2008, noon at the Robert King High New Board Room, 1407 NW 7 Street.

The meeting adjourned.

I. MRC Chair Report – Chair Eric Buermann stated the Miami River Commission (MRC) is hosting a reception this evening at Casablanca, 5:30-7:30 pm, 400 NW North River Drive, to show its gratitude for the sponsors of the 12th annual Miami Riverday festival.  Chair Buermann added the sponsor appreciation reception is being provided by Casablanca in return for an in-kind trade of a large advertisement in the 5th annual Miami River Map & Guide. Chair Buermann noted the 12th Annual Miami Riverday festival will be held this Saturday, April 12, noon to 5 pm, José Martí Park, and thanked Ms. Ashley Chase, MRC Assistant Managing Director, for all her hard work.  Chair Buermann added although the MRC had authorized using up to $5,000 of their own funding towards Riverday, Ms. Chase had previously reported that the authorized funding was no longer needed, as a result of an increase in the number of corporate sponsors.

Chair Buermann invited meeting attendees to a special ribbon cutting ceremony for the repaired and reopened historic Spring Garden Bridge (Humpback Bridge), hosted by City of Miami Mayor Manny Diaz and City Commissioner Michelle Spence-Jones, on Tuesday, April 8, 10:30 am, NW 7th Street and NW 7th Street Road.

Chair Buermann stated per the request of MRC members during the March meeting, Brett Bibeau, MRC Managing Director, emailed the results of research regarding MRC quorum. Mr. Bibeau consulted with the Director of the Miami-Dade Ethics Commission, Mr. Meyers, and Robert’s Rules of Order, which concurred that quorum is 50% plus one of the total number of potential board members, not only the appointed board member seats.  Therefore, Chair Buermann explained, the MRC’s standard operating procedure of counting quorum as 10 voting members or designees, based on the MRC’s potential full 18 member board is accurate, despite the fact that the MRC is currently operating with 16 members, due to two vacant appointments to be made by the Honorable Governor Charlie Crist.  Chair Buermann added that since 2005, the MRC was unable to attain quorum only 6 times.  Mr. Buermann stated he will speak with the Governor and encourage him to fill his two available MRC appointments.

Vice-Chair Phil Everingham moved a resolution for the MRC to adopt the MRC’s March 3, 2008 meeting minutes.  The resolution was seconded by Ms. Sallye Jude and unanimously adopted by the MRC.

II. City of Miami Administration’s Revised 2nd Draft of Non-EAR Recommended Amendments to Port of Miami River Sub-element in the City of Miami Neighborhood Comprehensive Plan - Mr. Jim Murley, Chair of the MRC Urban Infill Working Group (UIWG) stated the UIWG’s March 17 public meeting minutes, March 24 public meeting minutes, and new 2nd draft set of City Administration proposed non-EAR recommended amendments to the Port of Miami River Sub-element were e-mailed to MRC members and designees one week in advance of the MRC meeting, and additional copies were distributed at the meeting.  UIWG Chair Murley stated his recommendation regarding the revised draft Miami 21 is contained in the UIWG’s March 17, 2008 meeting minutes, yet the MRC has more time to consider the item in June.  UIWG Chair Murley noted the MRC previously formulated their advisory recommendation regarding the EAR recommended amendments to the Comprehensive Plan during their March 3, 2008 meeting.  UIWG Chair Murley noted the MRC previously found the first draft non-EAR recommended amendments to the Port of Miami River sub-element of the City’s Comprehensive Plan inconsistent with the Miami River Corridor Urban Infill Plan.  UIWG Chair Murley welcomed Mr. Harold Ruck, City of Miami Planning Department, whom noted the aforementioned draft amendment, which replaces the “Port of Miami River” sub-element with a “Miami River” element, deletes the current section and inserts a three year planning process to address and clarify the city’s long-term vision for the Miami River.  UIWG Chair Murley noted the March 24 minutes contain his recommendation for the MRC to find the proposed repeal of the Port of Miami River sub-element to be inconsistent with the Miami River Corridor Urban Infill Plan.  UIWG Chair Murley noted the Miami River has significant Port activities and homeland security, and cited the FL ST Working Waterfronts Legislation and Miami-Dade County Comprehensive Plan which provide protections for the Miami River’s marine industrial businesses.UIWG Chair Murley stated deleting the existing Port of Miami River sub element while the stakeholders work on drafting a new sub-element would create a vacuum, and therefore recommended bringing everyone together to meet, plan and try to reach consensus, while keeping the current Port of Miami River sub-element intact.  UIWG Chair Murley noted State statute 163 charges the MRC to coordinate issues on the River, and should do so in this case.  

Ms. Jude noted the recently completed “Economic Analysis of the Miami River Marine Industry” may help shed light on this issue.  UIWG Chair Murley noted the draft amendment lacks “data and analysis,” which is required by Florida State Statute to justify the recommendations, assessments and findings of the City’s proposed amendment to their adopted Comprehensive Plan.

Mr. Murley welcomed Mr. Rafael Rivas-Suarez, City of Miami Law Department, whom stated the Sub-element-which he noted was optional-was piggy-backed from the Miami-Dade County Comprehensive Plan’s Port of Miami River sub-element. Mr. Rivas-Suarez noted that the location of the river’s industrial ports are mostly under the jurisdiction of Miami-Dade County.  Mr. Suarez-Rivas explained the City administration was proposing new Miami River sub-element language in recognition of the series of recent court rulings involving the Miami River, and added that the city was taking measures to achieve judicial and legislative clarification of the comprehensive plan language to avoid future misinterpretations. UIWG Chair Murley noted the MRC is not a party of any litigation.  Mr. Suarez-Rivas stated the city is hospitable to the river’s marine industries, and there is no contention regarding its important economic benefits.

Ms. Megan Kelly moved a resolution to accept UIWG Chair Murley’s recommendation for the MRC to find the presented 2nd draft non-EAR recommended amendments to the Port of Miami River sub-element of the City’s adopted Comprehensive Plan to be inconsistent with the Miami River Corridor Urban Infill Plan.  The resolution was seconded by Ms. Sallye Jude, and was adopted 9-1.

II. Miami River Marine Group’s Presentation Regarding Their Recommended Amendments to the City of Miami Neighborhood Comprehensive Plan’s Port of Miami River and Coastal Management Sub-elements - Mr. Murley welcomed Mr. Andrew Dickman, legal council for the Miami River Marine Group, whom distributed and reviewed a document entitled, “Keep Miami’s Working River Working,” which included the MRMG’s proposed amendments to the City of Miami’s Comprehensive Plan contained in the UIWG’s March 17 and March 24 public meeting minutes.
Mr. Dickman explained that the primary purpose of the MRMG’s recommended text amendments is to enhance the working river.  Mr. Dickman noted the Non-EAR recommended amendments will be presented to the City of Miami Planning Advisory Board on April 16, and had therefore requested a meeting with City Manager Pete Hernandez to review the MRMG’s recommended revisions, but to no avail.
Mr. Dickman noted that Florida State Stature requires that ports be addressed within populations of 50,000 or greater or within Metropolitan Planning Organizations, and therefore the sub-element is not “optional.”  Mr. Dickman added that a Free Cuba will boost the need for more shallow draft ports, such as the Miami River.  Mr. Dickman stated the City of Miami’s current Port of Miami River sub element is supported by the data and analysis contained in the City of Miami’s adopted 1991 Miami River Master Plan supports the Port of Miami River.  Mr. Dickman noted some of the text the MRMG be reinserted into the Comprehensive Plan was part of the City’s adopted Plan until deleted in December 2004 without the MRC or MRMG being notified of the amendments impacting the Miami River.  

Dickman noted that new development is changing the value of the highest price/rate, as well as the land-use and zoning of the property, and it was therefore necessary to create a comprehensive vision for enhancing the working river.  Mr. Winston asked how the MRMG’s proposed amendments to the Comprehensive Plan would affect a willing seller of marine property whom wanted to maximize his sale price (i.e. would this tend to diminish the value by restricting its use beyond what it is today?), and  if this was an attempt at super-zoning. Mr. Dickman explained that the city essentially determines the best use of all properties through land use category as outlined in the City’s Comprehensive Plan and zoning code, based on surrounding compatible uses, planning data and analysis, be it low density single family neighborhoods, marine industrial, etc. Mr. Winston asked if the river currently has any specific zoning, and if there was any other area or industry similarly treated or protected any where else in the county, and Mr. Dickman replied that the Miami River’s marine-industrial properties are currently designated with the SD-4 zoning category located in designated Special Districts (SD-4), and added that the zoning along certain sections of Biscayne Boulevard focus on the need to protect the character of neighborhoods.

Vice Chair Everingham noted he has worked in the Miami River’s marine industry for 35 + years.  Vice Chair Everingham noted that in 2000, there were 80 acres of marine industrial-zoned land, which has since dwindled down to half based on small scale land use and zoning amendments to allow for high density residential developments.  Vice Chair Everingham noted that, from the perspective of a property owner, he understood the reasoning behind selling one’s property at a maximum return, yet the sites were purchased marine industrial and he realizes the need to protect the remaining marine industrial business and potentially new ones in the future.  Vice Chair Everingham noted the market doesn’t always protect the marine industry, which is a low density use in nature, therefore needs protection from the high density residential market forces.

Vice Chair Everingham moved a resolution for the MRC to support the Miami River Marine Group’s proposed text amendments to the Port of Miami River Sub-element of the City of Miami’s Comprehensive Plan.  The resolution was seconded by Ms. Elena Licea and adopted 9-1.

III. Review of 2004 City of Miami Comprehensive Plan Amendments Regarding the Miami River - MRC staff distributed copies of the MRC document, “2004 Amendments to the City of Miami’s Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor, March 14, 2008.” UIWG Chair Murley advised the MRC that they had not been notified of the aforementioned amendments to the Comprehensive Plan regarding the Miami River before they were adopted by the City Commission in December 2004; therefore the MRC wasn’t provided an opportunity to formulate their advisory recommendation on the adopted 2004 amendments. Mr. Murley added the 2005 EAR was based on the pre-2004 amended Comprehensive Plan, and like the EAR, the MRC thought the pre-2004 Comprehensive Plan was current until the recent discovery of the 2004 amendments, which are not reflected in the EAR.  UIWG Chair Murley stated one could argue it may be better for the Miami River if some of the sections deleted in 2004 were still in the City’s Comprehensive Plan. 

V. MRC Subcommittee Reports

a. Dredging Subcommittee (DSC) – Chair Buermann provided the following Miami River Maintenance Dredging Project report:

Thankfully the Miami River maintenance dredging and environmental clean-up project recommenced on February 15, 2008.  In March the Army Corps awarded additional dredging within acceptance sections 9-12.

The MRC continues to support Miami-Dade County’s “Critical Priority” ST request for $10 million to dredge the final three acceptance sections, 13-15, and complete the 40% finished $86 million project.  On behalf of the MRC, Chair Buermann thanked the appropriation sponsors the Honorable Senator Alex Diaz de la Portilla and Honorable Rep. David Rivera, both of which sponsored the dredging funding requests last year as well.  Mr. Bibeau is attending Dade Days in Tallahassee this Wednesday and Thursday to support the dredging funding request, in addition to the Department of State’s $2.5 million request for the Miami Circle, and $250,000 for the MRC, which is sponsored by the Honorable Representatives, Luis Garcia, Chairman Zapata, Rene Garcia, JC Planas, Lopez-Cantera, Julio Robaina, and the Honorable Senator Alex Diaz de la Portilla.  In addition, the SFWMD is applying in April 2008 for an additional $3 million grant towards the federal funding cost share balance due from FIND, which has already awarded the project $6.68 million.  All funding must be provided to the Corps before July 31, 2008, in order to award the final three acceptance sections (13-15) before their contract’s 9/30/08 deadline.

Chair Buermann stated as the MRC recalls, the ACOE’s 5 year contract sets the price as a flat rate per cubic yard removed, and if we are unable to complete the project under the current contract any potential new contract is expected to be more expensive. Since the dredging is proceeding towards the mouth of the Miami River, all of the projects benefits depend on its completion.  Therefore the dredging subcommittee is continuing to work with our partners to ensure the project is completed under the current contract without further temporary demobilizations, interruptions and delays.  Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project maybe completed late this year.
   
The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas.  The ACOE wrote the FL Dept of State ordering removal of their collapsed seawall which is in the federal navigable channel, yet the ST still needs to secure the required $750,000 match for their awarded FIND grant to conduct the seawall replacement.  Chairman Buermann noted the ACOE indicated they may not allow their dredging contractors to dredge in the area where the collapsed seawall is located in the federal navigable channel, therefore it is important to have the new sea wall installed and collapsed seawall removed prior to the dredgers arrival at the Brickell Bridge.  In addition, FDOT has indicated the 5 ST Bridge will be completely removed before the dredgers arrive.

The next regularly scheduled Third Wednesday of the month dredging subcommittee meeting is April 16, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

B. Urban Infill Working Group (UIWG) – Chair Jim Murley stated The UIWG’s May public meeting agenda will include a new proposed project at the currently vacant 200 SW North River Drive titled “HARBORSIDE – MIAMI,” described as a mixed-use marine destination.  Chair Murley added the UIWG’s distributed March 14 meeting minutes include its recommendation regarding the revised draft Miami 21.

C.  Greenways Subcommittee (GSC) – Dr. Ernie Martin, Chair of the GSC provided the following update:

The Miami River Greenway remains under construction.

On March 15 the MRC coordinated, sponsored and participated with over 60 volunteers whom removed litter along the Miami River’s south shoreline here at the County owned 1401-1407 NW 7 ST and along the City owned south shoreline from 27 Ave to 20 ST.  On April 26 the MRC is coordinating and sponsoring an estimated 200 volunteers along the city owned Miami River Greenway section on South River Drive in a beautification project, which includes replacement of the Manatee mural beneath the Flagler Bridge, creation of a new riverfront pocket park on a vacant paved / unimproved AT&T easement, in addition to removing litter and weeds along the Greenway from SW 1 ST to NW 1 ST.  We continue to discuss means to increase maintenance, security and special events along the Greenway with the City of Miami, and our next quarterly meeting with senior City staff is being scheduled for later this month.

Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions,  MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in our monthly meeting minutes.  The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission.  The City Manager’s Chief of Staff, Roger Hernstadt, directed the administration in October 2007 to draft letters to additional river developers requesting their riverwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission, yet the letters are yet to be drafted.  In addition, we continue to recommend the City enforce their seawall ordinance, and request property owners with seawalls in poor condition to make the necessary repairs in order to avoid seawall collapses such as the one which occurred at the Miami Circle. Mr. Robert Weinreb, City of Miami, noted the City Manager recently held a meeting to discuss the replacement of the Miami Circle seawall.  Mr. Weinreb added the State has entered into an agreement with the Historical Museum of South Florida (HMSF) to manage the site.  Mr. Weinreb noted the HMSF plans to open the historic site to the public after the seawall has been replaced and the riverwalk is constructed.  Mr. Weinreb stated while the Related Group sought approval of the adjacent Icon Development, they volunteered to construct the Riverwalk at the Icon and Miami Circle site, yet have been unable to do so because of the collapsed seawall so they offered to construct a restroom which the museum doesn’t want so the City is suggesting the Related Group transfer the volunteer funding to another more useful component of the adjacent Miami Circle improvements.  Ms. Jude stated the Museum should consider the four options outlined in the National Park Service study of the Miami Circle.  Chairman Buermann stated Mr. Bibeau will be traveling to Tallahassee for “Dade Days” on April 9-10 to support the Legislature approving the Department of State’s request for $2.5 million authorization of CARL funds to replace the Miami Circle seawall and construct a publicly accessible riverwalk at the Miami Circle.  Ms. Lubby Navarro noted Chairman Bruno Barreiro will also be in Tallahassee in support of this request.

The Greenways subcommittee’s next public meeting will be held on April 17, 2 PM, United Way, 3250 SW 3rd Avenue.

D.  Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude noted the SSC’s February minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.  The subcommittee’s regulatory agencies are considering the different testing methods to continue seeking the pollution sources in Wagner Creek and Seybold Canal.  Since the Stormwater subcommittee already held this month’s meeting on April 2, the next regularly scheduled first Wednesday of the month meeting will be held at the Miami River Inn, 118 South River Drive, on May 7, at 10 am.

E. Economic Development and Commerce Working Group (EDC) – EDC Co-Chair Megan Kelly noted the positive independent “Economic Analysis of the Miami River Marine Industry” and its three peer reviews, contracted by the MRC, was e-mailed out last week, and hard copies have been distributed.  MRC Chair Buermann stated the MRC Executive Board met before the MRC meeting, and passed a unanimous resolution for the EDC to review the analysis before actively disseminating and presenting the report to various stakeholders and agencies.  EDC Co-Chair Kelly stated the final Analysis will be beneficial in providing data in support of Short Sea Shipping funding, and the new and expanding boatyards and manufacturers along the River, which the EDC is providing intergovernmental communication assistance in the permitting process.

F. Public Safety – Dr. Fran Bohnsack, Miami River Marine Group, noted the Miami River Marine Group was recently declared a fiduciary agent for federal port security grants in the Miami River area, focused on maritime domain awareness.  Dr. Bohnsack added that $2.9 million has been set aside to create potential incident mitigation plans, source of funding to implement the plan, administration, etc.

VI. New Business – Mr. Bibeau reported that the next public meeting for the Manatee Protection Plan Review Committee will be held on Tuesday, April 8, 5:30 pm, University of Miami Rosenstiel School for Marine & Atmospheric Science, 4600 Rickenbacker Causeway.

The next MRC meeting will be May 5, 2008, noon at the Robert King High New Board Room, 1407 NW 7 Street.

The meeting adjourned.

I. MRC Chair Report - Chair Eric Buermann noted the rotating PowerPoint pictures were taken of the Miami River Commission coordinated and co-sponsored volunteer Miami River Greenway beautification “Global Youth Service Day” on April 26.  Chair Buermann stated thanks to generous in-kind donations from Hands on Miami, Vila and Sons Landscaping, AT&T, EDAW, Amerigrow, FNGLA, Hoodridge, Community Asphalt and the City of Miami, the volunteers made a new riverfront publicly accessible green space, repaired the Manatee Mural beneath the Flagler Bridge, removed litter and weeds along the Greenway from SW 2 ST to NW 1 ST.  Chair Buermann commended Mr. Bibeau, whom he noted took the lead on this impressive volunteer event featured in a cover article in the Miami Herald Neighbors section, and the MRC’s able Assistant Director Ashley Chase.  Mr. Bibeau showcased the cover article on the volunteer event in Neighbors of the Miami Herald, and noted all MRC board members and designees have been provided a text copy.

Chair Buermann stated the successful free 12th Annual Miami Riverday festival was held on Saturday, April 12, and thanked Ms. Chase for her hard work.  Chair Buermann stated the MRC had presented several of its generous sponsors with appreciation plaques and environmental shirts, featuring an original 2007 Dirk Verdoorn painting of the Miami River, during Riverday, as well as during the sponsor appreciation reception.  Chair Buermann noted a few of the sponsors, whom were unavailable to accept their plaques at that time, were kind enough to join the MRC today to receive thanks and their appreciation plaque in person. Chair Buermann presented Riverday appreciation plaques to Mr. Miguel Barbagallo, Terrazas River Park Village, Ms. Megan Kelly, on behalf of the Greater Miami Chamber of Commerce, and Mr. Patrick Morris, Director of Hands on Miami.  Mr. Morris thanked Mr. Bibeau for his excellent coordination and preparation of the numerous volunteer Miami River clean-up events, which is critical to the volunteers continued successful enjoyment, productivity and desire to volunteer at future events.  Mr. Morris announced the next “Hands on Miami Day” will be held on Saturday, November 1, 2008, so Mr. Bibeau will hopefully be working with volunteers on another Miami River site.

Vice-Chair Phil Everingham moved a resolution for the MRC to adopt the MRC’s April 7, 2008 meeting minutes.  The resolution was seconded by Mr. Robert Villar and unanimously adopted by the MRC.

II. Miami River Marine Group’s Presentation of Additional New Recommendations regarding the Evaluation Appraisal Report (EAR) – Based Amendments to the City of Miami Comprehensive Neighborhood Plan - Mr. Jim Murley, Chair of the MRC Urban Infill Working Group (UIWG), stated the MRC’s April 7, 2008 public meeting minutes, UIWG’s April 28, March 24 and March 14 public meeting minutes, City of Miami Planning Advisory Board’s recommended EAR based amendments to the Comprehensive Plan (dated April 14, 2008), the MRC’s April 30, 2008 letter to the City of Miami Planning Advisory Board recommending approval with conditions of the Planning Advisory Board recommended EAR based amendments to the Comprehensive Plan, the 3rd draft set of City Administration proposed non-Planning Advisory Board recommended amendments to the Port of Miami River Sub-element, and the Miami River Marine Group’s 5 additional new recommended amendments to the Comprehensive Plan incorporated by the Planning Advisory Board on April 30, 2008, were e-mailed and/or mailed to all MRC members and designees one week in advance of the MRC meeting, and additional copies have been distributed at today’s meeting. 

UIWG Chair Murley noted that both the UIWG March 24 and April 28 meeting minutes contain his recommendation for the City of Miami to commence a process with Miami-Dade County, Miami River stakeholders and agencies, to seek consistent and complimentary Comprehensive Plan text and goals for the future of the Miami River.  UIWG Chair Murley added that perhaps the MRC could assist this effort by facilitating a venue to promote discussion and coordination.  UIWG Chair Murley noted State Statute 163 charges the MRC to coordinate issues on the River, and should do so in this case. UIWG Chair Murley noted the Miami River has significant Port activities and international shipping terminals consistent with the Federal Maritime Security Act and cited the ST policy direction to preserve and protect the marine industry evidenced by the Florida Legislature’s adopted Working Waterfronts Legislation, incorporated into Florida Forever, and amendment to potentially asses marine industrial property value’s based on current uses, not potential uses.

UIWG Chair Murley reported the UIWG’s distributed April 28 minutes reflect his recommendation that the distributed City Administration’s 3rd draft non-Planning Advisory Board recommended replacement of the “Port of Miami River” sub-element of the Comprehensive Plan with a new section entitled “Miami River”, is not sufficiently revised to change his previous recommendation, which the MRC agreed with as reflected in the distributed and adopted MRC’s April 7, 2008 meeting minutes and April 30 letter to the Planning Advisory Board, finding the proposal to be inconsistent with the Miami River Corridor Urban Infill Plan.

UIWG Chair Murley welcomed Mr. Andrew Dickman, legal counsel for the Miami River Marine Group (MRMG), whom reviewed the following additional new MRMG and City of Miami Planning Advisory Board’s recommended amendments based on the April 14, 2008 draft EAR-recommended amendments to the City of Miami’s Comprehensive Neighborhood Plan:

“Policy LU-1.4.10: The City will continue to develop modifications to existing regulations with the intent of providing greater flexibility in the design and implementation of mixed use developments within the general Downtown area and particularly along the Downtown portion of the Miami River.” Mr. Dickman stated this clarification encourages residential in Downtown and along the Downtown portion of the Miami River, not in the industrial sections of the Miami River.  Vice Chair Phil Everingham asked if this clarification would create a conflict regarding allowable uses within Downtown Miami, and Mr. Dickman replied that perhaps “Downtown” could be defined as the “Lower River.”
“Policy HO-2.1.4:  The City will continue to promote development of new, high quality, dense urban neighborhoods along the Miami River (in accordance with the 1992 Miami River Master Plan), in Central Brickell and in Southeast Overtown/Park West.” Mr. Dickman stated there is no “Miami River Plan”, therefore the correct title of the 1992 Miami River Master Plan, which was adopted by the City Commission, should be inserted.
“Goal PA-3:  The Port of Miami River, which encompasses the water dependent marine activity on the river, including shipping and the associated supporting marine industries zoned SD-4 on the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the city’s maritime industrial base.” Mr. Dickman stated this recommendation is based on recent case language and need to clarify that the Port of Miami River sub-element only applies to the water dependent marine activity on the Miami River in sites zoned SD-4 marine industrial, not the entire Miami River.  Vice-Chair Everingham asked if the City’s current SD-4 designation could be compromised as a result of Miami 21, and Chair Buermann suggested that the MRMG address this concern through drafting new text pertaining to marine industrial-zoned parcels.
“Policy PA-3.1.3:  The City shall encourage development of compatible land uses in the vicinity of the Port of Miami River to address the avoid further depletion of land zoned for marine industrial use and to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent natural resources and land uses.”
“Objective PA-3.3:  The City of Miami shall coordinate its Port of Miami River planning activities with those of port facilities providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, the Miami River Commission, Dade County’s Port of Miami, and Miami-Dade County.”
“Policy PA-3.1.1: The City shall encourage the establishment and maintenance of water-dependent and water related uses along the banks of the Miami River along with water taxi and water pleasure craft uses along the entire river, and to discourage encroachment by incompatible uses.  The City may through its land development regulations, allow for residential development along the Miami River in appropriate locations, provided the residential uses are compatible with adjacent land uses while protecting the Port of Miami River’s economic function, operations and potential improvements.”

Chair Buermann noted the MRMG’s proposed set of additional new recommendations were emailed to MRC board members and designees prior to today’s meeting.  Mr. Bibeau noted he had attended the April 30 Planning Advisory Board meeting, and to date the PAB has concurred with 11 of the 12 MRC’s previously recommended amendments to the draft EAR based amendments to the City’s Comprehensive Plan.  Mr. Dickman noted the PAB had also concurred with the MRMG’s proposed new amendments during their April 30, 2008 meeting.

Dr. Ernie Martin stated the MRC should examine the bigger picture in regards to the City’s proposed replacement of the “Port of Miami River” sub-element with a new “Miami River” sub-element.  Dr. Martin noted the City wished to remove the Port of Miami River from its Comprehensive Neighborhood Plan, citing reasons of possible court misinterpretations of the city’s intent for that area.  Dr. Martin stated he many agree with the judicial branch’s interpretation of the City’s Port of Miami River subelement in the City’s adopted Comprehensive Plan.  The PAB therefore agreed with the MRMG’s proposed recommended amendments to the Comprehensive Plan, which would preserve and protect the marine industrial businesses generating jobs along the historically working river.  Dr. Martin added ST and City laws designate the Planning Advisory Board to serve as the City of Miami’s “Land Planning Agency” (LPA), which is responsible for the EAR based amendments to the Comprehensive Plan.  

Vice Chair moved a resolution to find the Planning Advisory Board / Miami River Marine Group’s proposed EAR recommended amendments to the City of Miami Comprehensive Neighborhood Plan to be consistent with the Miami River Corridor Urban Infill Plan with the following one remaining previous MRC condition: Not Deleting Comp Plan “Policy PR-1.5.8: Expand the existing Jose Marti Park to provide additional recreational opportunities for the area’s residents, workers, and visitors.” The resolution was seconded by Ms. Sallye Jude, and was adopted by the MRC by a vote of 11-0.

III. Presentation and Discussion of Revised Draft Miami 21- UIWG Chair Murley stated MRC staff had distributed the following documents to all MRC members and designees one week prior to the meeting and additional copies were distributed at the meeting:

1. Revised draft Miami 21 riverwalk cross sections;
2. Draft Miami 21 - Article 6: Supplemental Regulations, pages 4-16;
3. Draft Miami 21 Article 4, Table 2 “Miami 21 Summary” and Table 3 “Building Function: Uses”;
4. 3/7/8 Draft Miami 21 (Citywide) related to the Miami River Corridor, March 15, 2008;
5. CD of the entire revised draft Miami 21:
6. MRC UIWG March 14, 2008 meeting minutes. 

In addition excerpts of the MRC’s July 9, 2007 and September 10, 2007 public meeting minutes regarding the draft Miami 21, Chairman Eric Buermann’s October 4, 2007 letter to City of Miami Planning Director Ana Gelabert, providing the MRC’s July 9, 2007 advisory recommendation regarding the previous draft Miami 21, and the City Charter provision regarding riverfront building setbacks.  
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UIWG Chair Murley referenced pages 5-6 of the distributed UIWG March 14, 2008 meeting minutes, in which he recommended the MRC find the revised draft Miami 21 to be consistent with the Miami River Corridor Urban Infill Plan, subject to the MRC’s remaining previous conditions to exempt D1 and D2 from the building setback from the riverfront, not allowing building heights within the historically designated Spring Garden neighborhood taller than the currently allowed 50 feet, in addition to the following additional conditions on the new draft Miami 21: 

1. Amend the note in the new Riverwalk Cross Sections to read: “As depicted the 4’ wide Safety Zone may have one foot of paving matching the minimum 15 foot wide Circulation Zone”.  Removing one foot from the designated “safety zone” and adding it to the “circulation zone”, would make the note consistent with the related rendition circulation zone’s unobstructed pathway, which varies between 15 - 16 feet wide, rather than a 14-15 feet wide unobstructed path.
2. Provide the City Charter waterfront building setback formula (currently only applies east of the NW 5 ST Bridge) on a riverwide basis for parcel’s less than 200 feet wide from the waterfront to the property boundary to provide a waterfront building setback equal to 25% of the parcel’s width from shoreline to sidewalk (draft Article 3 Section 3.12 “Waterfront Standards”)
3. Measure waterfront setbacks from the shoreline, rather than the property boundary which varies in distance from the actual shoreline 
4. Not allowing building heights greater than what is currently allowed on the R1 single family residential riverfront parcels within the low density neighborhoods of Grove Park (estimated 10 homes along South River Drive from I-836 to the NW 17 Ave Bridge), Durham Park (estimated 14 homes along South River Drive from 22 Ave to the South Fork) and River Park (estimated 8 homes along North River Drive / NW 18 Terrace from NW 25 Ave to NW 27 Ave)
5. City administration and consultants suggesting proposed zones for all parcels before the revised draft citywide Miami 21 is considered by the City Commission
6. Allowing the number of cargo containers which may be stacked to be no less than what is currently allowed (draft Miami 21 Article 6, page 16 states, “No more than three containers shall be stacked vertically”)
7. Removing new proposed time restrictions regarding crane operating hours (draft Miami 21 Article 6, page 16 states, “All crane operations are limited to daylight hours between 8 am and 6 pm”)
8. Inserting compliance with the Federal Maritime Security Act (MTSA) requirements takes precedent regarding Port facilities
9. Article 6, page 16, inserting “Container Yards” as an allowable use in D2 in addition to D1
10. Inserting “Marine Related / Industrial” as defined in the draft “Miami 21 Article 1” and included in the draft “Article 4, Table 3, Building Function Uses” as “Allowed by Right” including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins, into the allowable uses listed in the draft Article 6 under D1 & D2.
11. Allowing any current marine industrial (SD-4) businesses, including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins, to be legal uses within the proposed D1 & D2.

Ms. Megan Kelly moved a resolution supporting the aforementioned UIWG Chair Murley’s recommendation to find the draft revised Miami 21 consistent with the Miami River Corridor Urban Infill Plan subject to the aforementioned new and previous conditions listed in the MRC UIWG’s March 14, 2008 public meeting minutes.  The resolution was seconded by Mr. Steve Wright, and adopted by the MRC by a vote of 11-0.

IV. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Chair Buermann provided the following Miami River Maintenance Dredging Project report:

Thankfully, the Miami River maintenance dredging and environmental clean-up project recommenced on February 15, 2008.  In March the Army Corps awarded additional dredging within acceptance sections 9-12.

As you recall the ACOE’s 5 year contract sets the price as a flat rate per cubic yard removed, and if we are unable to complete the project under the current contract any potential new contract is expected to be more expensive.  Since the dredging is proceeding towards the mouth of the Miami River, all of the projects benefits depend on its completion.  Therefore the dredging subcommittee is continuing to work with our partners to ensure the project is completed under the current contract without further temporary demobilizations, interruptions and delays.  Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project maybe completed late this year or early next year.
   
The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas.  The ACOE wrote the FL Dept of State ordering removal of their collapsed seawall, which is in the federal navigable channel.  ST Rep Garcia stated the FL Legislature included $2.2 million for the Miami Circle seawall replacement and publicly accessible riverwalk to be contracted by the ST.  The MRC thanked Representative Garcia and the Dade Delegation for their support and successful efforts.  Representative Garcia noted Senator Alex Diaz de la Portilla was instrumental in obtaining funding for the Miami Circle.  Ms. Sallye Jude asked when the $2.2 million would become available to initiate seawall restoration, and Ms. Lubby Navarro replied that the funding will become effective on July 1.  Chair Buermann noted the seawall replacement would need to be completed prior to the dredgers’ arrival at the Brickell Bridge in early 2009.  Mr. Bibeau added the Department of State (DOS) has expressed their willingness to issue an emergency on the contract in order to expedite the replacement of the collapsed seawall.  In addition, FDOT has indicated the 5 ST Bridge will be completely removed before the dredgers arrive.

Dr. Martin stated recreational vessels docked along the river’s historic Spring Garden neighborhood have temporarily relocated to allow dredging within that acceptance section.  Dr. Martin added the dredging excavator has worked east all the way to Merrill Stevens boatyard, just west of the 12th Avenue Bridge.

The next regularly scheduled 3rd Wednesday of the month dredging subcommittee meeting is May 21, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

C.  Greenways Subcommittee (GSC) – Dr. Ernie Martin, Chair of the GSC provided the following update:

The Miami River Greenway remains under construction.  The City of Miami has been utilizing millions in available funding from some of the FDOT grants (couple authored by MRC staff) awarded between 1999 and 2004, which were in jeopardy of being reprogrammed to different projects due to inactivity.  The City of Miami’s consultant overseeing the Miami River Greenway for the past couple years, Kevin Brown, Consultech, is no longer providing engineering services to the City of Miami, therefore a replacement Miami River Greenways project manager will be starting soon and we hope the City’s new representative will continue overseeing use of the $2 million in remaining available previously awarded FDOT grants to construct two more sections of the Miami River Greenway Action Plan.   

Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions,  MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in the Greenways subcommittee’s monthly meeting minutes.  The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission.  The City Manager’s Chief of Staff, Roger Hernstadt, directed the administration in October 2007 to draft letters to additional river developers requesting their riverwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission, yet the letters are yet to be drafted.  Dr. Martin noted representative of the City administration have stated they will not issue the new developments final Certificates of Occupancy (CO) until the identified riverwalk inconsistencies have been corrected.  In addition, Dr. Martin noted the GSC continues to recommend the City enforce their seawall ordinance, and request property owners with seawalls in poor condition to make the necessary repairs in order to avoid seawall collapses such as the one which occurred at the Miami Circle.  Dr. Martin asked if Mr. Hernstadt had scheduled the next quarterly meeting with MRC staff and City administrative directors to discuss/address ongoing Miami River Greenway issues, and Mr. Bibeau replied Mr. Hernstadt was currently in the process of scheduling the next meeting.  Dr. Martin stressed the importance of enforcing the intent of the publicly accessible Miami River Greenway, as well as determining whom should provide its ongoing maintenance.

Dr. Martin noted the GSC is recommending the creation of a riverfront pocket park on a City owned vacant paved public right of way parcel adjacent to the newly constructed on-road greenway on North River Drive, beneath and south of the 1 ST Bridge. Mr. Bibeau noted the City of Miami had originally thought the Florida Department of Transportation was the owner of the property, and therefore did not include the riverfront parcel while recently constructing the on-road Greenway along City owned North River Drive adjacent to the site.  After consensus seemed to have been reached that the Miami-Dade County Tax appraiser’s records were accurate and the parcel was actually owned by the City of Miami, the City has since asserted that Miami-Dade County is the actual owner of the vacant paved riverfront parcel he is recommending be transformed into a new publicly accessible riverfront greenspace.

The Greenways subcommittee’s next public meeting will be held on May 14, 2 PM, United Way, Executive Conference Room.

D.  Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude noted the SSC’s April meeting minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.

Ms. Jude noted Mr. Bibeau had asked city administration if they would pursue state funding to dredge Wagner Creek and the Seybold Canal, and Mr. Bibeau reported that the city’s requests for St funding to dredge Wagner Creek and Seybold canal were not funded during the 2008 legislative session. Therefore, noted Mr. Bibeau, the SSC Chair recommends the MRC advocate for the necessary estimated funding to dredge Wagner Creek and the Seybold Canal from the following sources:

1. $3 million from the City of Miami FY ’09 Stormwater Utility Trust Fund, which will be considered by the City Commission in September 2008
2. $3 million from Miami-Dade County FY ’09 Stormwater Utility Trust Fund, which will be considered by the Board of County Commissioners in September 2008
3. $1 million from FIND for the navigable portion of Seybold Canal, which the MRC recommended new Campeones Boatyard and Marina, Popeye’s Boatyard, and several navigable vessels currently are only able to navigate the Seybold Canal by high tide because they hit bottom at low tide
4. $3.8 million from the FL Legislature during the 2009 Legislative session
5. Recapturing the $1 million South Florida Water Management District (SFWMD) grant awarded to the City of Miami several years ago, yet reprogrammed to a different SFWMD project when the City was unable to use the previously awarded grant to dredge the Wagner Creek and Seybold Canal in a timely fashion

MS. Sallye Jude moved a resolution for the MRC to recommend the aforementioned potential funding sources to dredge Wagner Creek and Seybold Canal, as well as direct MRC staff to continue working in coordination with city administration during this effort. The resolution was adopted 11-0.

Mr. Bibeau stated the contractors have estimated the total project cost to dredge Wagner Creek and Seybold Canal from $10 - $14 million.  Ms. Jude noted the city is still attempting to track the source of pollutants/contaminants along Wagner Creek and the Seybold Canal.

Mr. Bibeau noted that on May 1 representatives of the City of Miami, their contractors, and he   met with newly created “Friends of Seybold Canal and Wagner Creek,” which includes several property owners directly on the waterway, to discuss the status of the Wagner Creek and Seybold Canal dredging project.  The members of the new organization all expressed support for the long awaited Wagner Creek and Seybold Canal dredging project.

The next Stormwater subcommittee’s public meeting is this Wednesday, May 7, 10 AM, at the Miami River Inn, 118 South River Drive, and a new exciting item on the agenda is a presentation regarding the County Water and Sewer Department’s odor abatement pilot program for their large sewage main, which runs beneath South and North River Drives. 

E. Economic Development and Commerce Working Group (EDC) – EDC Co-Chair Megan Kelly stated that, per the direction of the MRC Executive Board as stated in their distributed April 7, 2008 public meeting minutes, the previously distributed draft Economic Analysis of the Miami River Marine Industry - prepared by FAU with three positive independent peer reviews -was reviewed and discussed during the EDC’s April 23, 2008 public meeting, of which the minutes have also been distributed.  EDC Chair Kelly noted she had requested revisions to a few non-substantive typo related revisions, and the positive Final Analysis was e-mailed out on April 29, 2008.  EDC Chair Kelly added MRC staff has distributed hard copies of the Final FAU Economic Analysis of the Miami River Marine Industry, which per the further directive of the MRC Executive Committee will be provided and presented to the County Commission, City Commission, SFWMD, FIND, Waterfront Advisory Board, etc.  MRC Vice Chair Everingham moved a resolution to accept the FAU Economic Analysis of the Miami River Marine Industry.  Ms. Jude seconded the motion, adopted by the MRC by a vote of 11-0.

F. Public Safety – Dr. Fran Bohnsack, Miami River Marine Group, noted they were recently declared a fiduciary agent for a federal port security grant in the Miami River area, focused on maritime domain awareness.  Dr. Bohnsack stated a contingency plan for the Miami River is currently being developed in coordination with the Port of Miami, utilizing the recently awarded $2.9 million in grant funding.  Dr. Bohnsack noted the next Port of Miami River Homeland Security meeting will be held on Tuesday, May 13, 2 pm, Gator Den.  Dr. Bohnsack noted the U.S. Coast Guard recently renewed quarterly meetings of their Harbor Safety Committee.  

V. New Business – Mr. Bibeau welcomed and introduced Ms. Alyce Robertson, the MRC’s newest board member and Interim Director of the Downtown Development Authority.

The next MRC meeting will be June 2, 2008, noon at the Robert King High New Board Room, 1407 NW 7 Street.

The meeting adjourned.

I. MRC Chair Report - Chair Eric Buermann noted the MRC coordinated and co-sponsored a volunteer Miami River Greenway beautification event on Saturday, April 26, known as “Global Youth Service Day.” With generous in-kind donations from Hands on Miami, Vila and Sons Landscaping, AT&T, EDAW, Amerigrow, FNGLA, Hoodridge, Community Asphalt and the City of Miami, Chair Buermann stated the volunteers created a new riverfront publicly accessible greenspace, repaired the Manatee Mural beneath the Flagler Bridge, and removed litter and weeds along the Greenway from SW 2nd Street to NW 1st Street.  Chair Buermann asked Mr. Brett Bibeau, MRC Managing Director, to call up the generous sponsors to receive their plaque of appreciation, featuring a picture of some of the volunteers creating the new riverfront pocket park. Mr. Bibeau welcomed Mr. Juan Carlos Vila, Vila and Son, whom graciously donated over 200 plants and half a dozen trees; Mr. Bibeau noted this marked the second time Vila and Sons, a large landscaping firm, has donated landscaping materials for an MRC coordinated volunteer project along the Miami River Greenway.  Mr. Bibeau presented a plaque to Mr. Garren Owens, EDAW, whom provided professional, in-kind landscape architectural renditions for the creation of the new, publicly accessible riverfront park.  Mr. Bibeau thanked Mr. Pablo Canton, City of Miami Little Havana Neighborhood Enhancement Team (NET) Administrator, whom accepted the plaque on behalf of the City of Miami.  Mr. Bibeau welcomed Representative Wilbert T. Holloway, whom accepted the plaque on behalf of AT & T.  Mr. Bibeau thanked AT&T for allowing their once vacant riverfront utility easement to be transformed into the publicly accessible pocket park.  Representative Holloway thanked the MRC for the award, and encouraged them to keep up the good work along the Miami River.

Chair Buermann stated the successful free 12th Annual Miami Riverday festival was held on Saturday, April 12, and noted that a few of the sponsors, whom were unavailable to accept their plaques during the Riverday Appreciation Reception, were kind enough to join the MRC today to receive thanks and their appreciation plaque in person. Mr. Bibeau presented appreciation plaques and T-shirts, featuring an original 2007 Dirk Verdoorn painting of the Miami River, to Mr. Alvaro Rodriguez, The Trust for Public Land, and Mr. Robert Ruano, City of Miami, whom accepted the plaque on behalf of EcoZone; Mr. Bibeau thanked Mr. Ruano for his efforts in securing a Riverday sponsorship from EcoZone, which he noted was a new Riverday sponsor in 2008.
 
Chair Buermann stated he was pleased and honored to announce that he and Mr. Bibeau were recognized with the “Best of Miami 2008 - Building Infrastructure Award” by Miami Today.  Chair Buermann mentioned the award is in recognition of the entire MRC’s ongoing efforts to improve the Miami River.  Chair Buermann added that, thanks to strong support from elected officials at the Congressional, State, and local levels, the Miami River corridor is experiencing significant long term infrastructure investments, including but not limited to: the $86 million Miami River maintenance dredging and environmental clean-up project, $64 million replacement of the NW 12 Ave Bridge, $60 million replacement of the NW 5 ST Bridge, $10 million for the Miami River Greenway, over $3 million for stormwater and sanitary sewer improvements, $2.2 million for the ancient Miami Circle, complimented by private sector investments such as nine new or expanding marine industrial businesses, including the $55 million Merrill-Stevens Boatyard expansion, thousands of new residential units, new riverfront restaurants and more.

Mr. Bibeau stated he had submitted an email to Chair Buermann which MRC staff had received from Miami River Marine Group President Richard Dubin noting he was unable to attend today’s meeting and assigning a new designee, Mr. Orin Black, thereby replacing his current designee, Captain Beau Payne, whom was unable to attend due to health reasons. Mr. Bibeau welcomed Mr. Orin Black, whom he noted is a marine industrial property owner along the Miami River.

Ms. Sallye Jude moved a resolution for the MRC to adopt the MRC’s May 5, 2008 meeting minutes.  The resolution was seconded by Mr. Gary Winston and unanimously adopted by the MRC.

II. Presentation of Island Cargo Systems Proposed Shoreline Improvements, 3301, 3315 & 3333 NW South River Drive - Chair Buermann welcomed Mr. Adrian Lyew-Ayee, Coastal Systems International Inc., whom presented three enlarged aerials (Location Map, Proposed Design, and Proposed Design & Navigation Impact) for Island Cargo Systems’ proposed shoreline improvements, on behalf of South River Drive, LLC.  Mr. Lyew-Ayee noted the aforementioned documents had been provided to MRC board members and designees a week prior to toady’s meeting. Mr. Lyew-Ayee pointed out on the enlarged Location Map three parcels which South River Drive, LLC owns along the “Upper Miami River,” and added that two of the three parcels are active shipping terminals with warehouses/buildings on site. Mr. Lyew-Ayee noted the third parcel is currently vacant, and the applicant is proposing a series of enhancements at that site to optimize loading and offloading of international shipping vessels, including: shoreline stabilization through the excavation of upland (i.e. dredging to 15 feet below water level) and then bulkheading the entire site with a new seawall to improve mooring of vessels; creation of an efficient roll-on/roll-off facility for the loading and unloading of international shipping vessels; and improvement of cargo storage. Mr. Lyew-Ayee noted the proposed -15 feet dredging depth is consistent with the U.S. Army Corps of Engineers’ (USACE) national geodetic vertical datum (NGVD). Mr. Lyew-Ayee explained nearly 2,000-3,000 cubic yards of contaminated sediments will be removed at the upland site, which will benefit the environment. Mr. Lyew-Ayee noted permit applications were submitted in February to the USACE, Department of Environmental Protection (DEP), and Miami-Dade County Department of Environmental Resources Management (DERM). Mr. Lyew-Ayee stated a Class I permit has been submitted to the County for excavation and shoreline stabilization. Mr. Lyew-Ayee added Coastal Systems Int’l continues to coordinate, communicate and meet with DERM, USACE and DEP, whom he noted are generally in favor of the proposed excavation and shoreline stabilization. 

Mr. Lyew-Ayee stated the maximum proposed vessel length at the site is 250 feet, and added that the applicant currently does not wish to accommodate more than one vessel at a time within the 250-foot footprint.  Mr. Lyew-Ayee stated Coastal Systems Int’l has had discussions with the U.S. Coast Guard (USCG) and the ACOE regarding potential navigational impacts of the proposed project.  Mr. Lyew-Ayee noted the ACOE and USCG were in the process of reviewing the proposed plans, and was not sure when they would be formerly approved. Mr. Lyew-Ayee added that general feedback provided by the ACOE and the USCG, as well as numerous marine industrial business owners along the Miami River, has been positive.

Mr. Lyew-Ayee noted the proposed enhancements are consistent with the Miami River Corridor Urban Infill Plan’s “Proposed Upper River Waterfront Industrial Overlay District,” as they support the creation of marine-industrial riverfront businesses and reduce navigational impacts along the Miami River.

Questions/Comments:

• Chair Buermann asked if there was any way to design the plans so that the proposed maximum 250-foot vessel runs parallel to the shoreline and doesn’t angle out into the river, and Mr. Lyew-Ayee explained that the applicants would like to achieve a balance between the upland needed for loading and offloading while proposing to increase the wet slip area in order to be able to pull the majority of the vessel into the private site, leaving the federal navigable channel clearer to navigation for passing vessels.  Mr. Lyew-Ayee stated the decision to angle out was based on the results of numerous studies performed by Coastal Systems Int’l regarding the creation of a roll-on/roll-off vessel platform to the west of the bulkhead. Mr. Lyew-Ayee explained the equipment used to load/unload vessels could not be located parallel to the shoreline, since it needs to be positioned at a certain angle. Mr. Lyew-Ayee added the site’s existing building footprint proceeds up to the property line, which therefore limits the maneuverability of the loading/offloading of vessels.
• Mr. Orin Black, Marilyn Properties, asked if there was formerly a shipping business located on the currently vacant parcel, and Mr. Lyew-Ayee replied that historical aerials dating back to ten years indicate there were moorings along the shoreline.

Chair Buermann asked Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group, to provide the UIWG’s recommendation regarding Island Cargo System’s proposed enhancements. Chair Murley reported the UIWG’s distributed May 16 meeting minutes reflect his recommendation that the MRC find the Island Cargo Systems’ proposed shoreline improvements consistent with the Miami River Corridor Urban Infill Plan, subject to the Miami River’s marine industry and US Coast Guard confirmation that it improves navigation. UIWG Chair Murley stated the proposed improvements to the new international shipping enhance the visions of the Miami River Corridor Urban Infill Plan.  Ms. Sallye Jude moved a resolution to accept the recommendation of the Urban Infill Working Group Chair Murley to find the presented Island Cargo System’s proposed project to be consistent with the Miami River Corridor Urban Infill Plan subject to the Miami River’s marine industry and US Coast Guard confirmation that it improves navigation; the resolution was seconded by Dr. Ernie Martin and was unanimously adopted 10-0.

III. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Chair Buermann provided the following Miami River Maintenance Dredging Project report:  

As you may have read in the front page of the Miami Herald on Saturday, World War II bullets were dredged from the area in front of Merrill-Stevens, where WW II military vessels were made.  Thus far the ACOE has approved $1.4 million in change orders to fund munition specialists and safety precautions.  After the change orders were implemented, the project recommenced and at the same location a slightly larger 3” diameter bullet and a flare were dredged.  Therefore the ACOE temporarily shut down the project again until munition specialists analyzed the new finding, a process which started last Thursday.  Chairman Buermann noted a couple of the project’s filled hopper barges are being held from offloading into the sediment processing plant until after the specialists release their approved report on the recent findings, which is expected later this week.  Chairman Buermann stated he hoped the contractors will be able to skip ahead and continue dredging, and then return to finish dredging adjacent to Merrill-Stevens after the plan the specialists are currently formulating is approved and implemented.  Chairman Buermann added the project has secured slightly more than the estimated project cost, which has provided sufficient funding for the first awarded change orders so this does not represent the end of the project, yet he hopes any additional awarded change orders do not exceed the currently appropriated funding which was sufficient to complete the project and hopes it will not cause long time delays in completing the project.  Chairman Buermann noted he spoke with the ACOE Colonel Grosskruger whom indicated this was not an insurmountable issue and the ACOE will continue working through it.  Chairman Buermann added he has spoken with the Governor’s office in support for the Legislature’s 2008 session’s $10 million for the Miami River maintenance dredging project and $2.2 million for a seawall and publicly accessible riverwalk at the Miami Circle.    

As you recall the ACOE’s five-year contract sets the price as a flat rate per cubic yard removed, and if we are unable to complete the project under the current contract any potential new contract is expected to be more expensive. Since the dredging is proceeding towards the mouth of the Miami River, all of the projects benefits depend on its completion.  Therefore the dredging subcommittee is continuing to work with our partners to ensure the project is completed under the current contract without further temporary demobilizations, interruptions and delays.  Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project maybe completed late this year.
   
The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas.  The ACOE wrote the Florida Department of State ordering removal of their collapsed seawall at the Miami Circle, which is in the federal navigable channel.

The next regularly scheduled third Wednesday of the month dredging subcommittee meeting is June 18, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

B. Urban Infill Working Group (UIWG) - Chair Jim Murley provided the following report:
The UIWG’s next public meeting will be held on June 10, 10 am, Robert King High New Board Room, 1407 NW 7 Street, and the agenda will include a new proposed project at 200 SW North River Drive titled “Harborside – Miami” described as a mixed-use marine destination, and a review of the Climate Change Advisory Task Force recommendations.

The City Commission submitted their proposed amendments to the Comprehensive Plan to the State, which is a different version from the set of amendments recommended by the City’s Planning Advisory Board, Miami River Commission and the Miami River Marine Group.  As you probably read in the press, the South Florida Regional Planning Council (SFRPC) staff recommended denial of the City’s submitted version, and that recommendation is being considered today by the advisory SFRPC, followed by a review by the Department of Community Affairs, whom will then inform the City if the submitted amendments are accepted as is or if potential revisions will be required.  After the State determination is made, the City Commission will consider the draft amendments again.

Chair Murley asked if the City of Miami had taken any recent action regarding the draft Miami 21, and Mr. Bibeau replied it was his understanding that the consultants are currently mapping the parcels within the remaining three city quadrants, and the revised draft is anticipated to be presented to City Commissioners following the August recess.  Chair Murley noted the UIWG will continue to keep the MRC updated on any potential future revisions to the draft Miami 21.
 
C. Greenways Subcommittee (GSC) – Dr. Ernie Martin, Chair of the GSC provided the following update:

MRC staff has distributed the City Administration’s proposed land use and zoning amendment to Parks and Recreation in order to expand Fern Isle Park, located on the south shore of the River’s South Fork.  Ms. Ashley Chase, MRC Assistant Managing Director, is pointing out on the enlarged aerial the locations of the current Fern Isle Park and the proposed expansion area (which will include the Police Benevolent Association property).  Ms. Chase noted Fern Isle Park and the proposed expansion is located west of the 22nd Avenue Bridge. This park expansion is also recommended in the City of Miami’s Parks Master Plan. Dr. Martin congratulated Mr. Ruano, whom was instrumental in obtaining millions from the State for the expansion.  Mr. Ruano thanked Dr. Martin, noting the ST grant provided $6.6 million and the City provided a $1.9 million match to purchase the aforementioned Police Benevolent Association parcel for a total of $8.5 million. In order to expand the publicly accessible Fern Isle Park.  

As you may recall, the MRC previously recommended when the historic Tamiami Swing Bridge is replaced, the existing bridge be relocated and used as a fixed pedestrian bridge to connect Fern Isle Park with the expanded portion on the opposite shore of the south fork.  State Representative Luis Garcia asked for more information regarding the “swing bridge,” and Mr. Bibeau referred to the enlarged Miami River Map boards and replied that the historic Tamiami Swing Bridge is located over the Tamiami Canal, west of the Miami River on South River Drive.  Mr. Ruano noted the bridge also appears in the bottom right-hand corner of the Island Cargo Systems Location Map presentation.  Mr. Bibeau noted the MRC formerly recommended that the bridge be relocated and used as a fixed, pedestrian bridge, similar to the 22nd Avenue fixed bridge to the west, with the same vertical clearance, which would not impact navigation.

Dr. Martin noted the City of Miami’s Planning Advisory Board recommended approval of the City’s proposed expansion of Fern Isle Park. Dr. Martin added this item is expected to be presented to Miami City Commissioners in late June. Dr. Martin moved a resolution recommending approval of the City’s proposed land use and zoning amendment at 2300 NW 14 ST to Parks and Recreation, in order to expand Fern Isle Park.  The resolution was seconded by Mr. Robert Ruano, and was unanimously adopted, 10-0.

Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions,  MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in our monthly meeting minutes.  The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission.  Mr. Bibeau noted that during the recent quarterly Greenways meeting with senior City Administration, the City provided the recently submitted Latitude on the River rendition to make their previously constructed publicly accessible riverwalk connections with the adjacent riverwalk to the west at the 2 Ave Bridge and to the east at Neo Vertika more consistent with the dimensions approved by the City Commission.  The City administration rejected the first proposed rendition of the riverwalk improvements, and is expecting to receive a revised 2nd draft later this month.  Mr. Bibeau added that, per the direction of the City Manager’s Chief of Staff, Roger Hernstadt, to the City Administration in October 2007, some letters have been sent requesting seawall repairs specifically at Neo Vertika, and Riverfront East and West.

Dr. Martin congratulated Mr. Bibeau whom was elected to be a board member of the Florida Riverwalk Exchange, which is planning their third annual meeting for fall of 2008.  Last year’s Florida Riverwalk Exchange meeting was held on the Fort Lauderdale riverwalk, and this year it will be held on the Miami River Greenway with representatives from riverwalks statewide.

The Greenways subcommittee is planning Miami River Greenway volunteer clean ups with the University of Miami and Hands on Miami on August 11, September 27, and November 1.  

The Greenways subcommittee’s next public meeting will be held on June 11, 2 PM,  the Robert King High New Board Room, 1407 NW 7 Street.

Dr. Martin stated that as a member of the Planning Advisory Board (PAB) and the Miami River Commission (MRC), he wished to address an important issue: the City of Miami Commission’s recent decision to overturn the recommendations of both the PAB and MRC and eliminate the word “Port” (Port of Miami River Sub-Element) from the City of Miami Neighborhood Comprehensive Plan.  Dr. Martin noted the City of Miami had submitted its recommendations to the Department of Community Affairs for review, whom would then submit feedback to the City of Miami.  Dr. Martin suggested that the MRC continue to express its advisory recommendation to support the Miami River’s marine industries/Port of Miami River sub-element, and for the MRC Chair to write the Dade Delegation encouraging their support with the Department of Community Affairs (DCA).

Mr. Ruano asked how many times the MRC has voted on this particular item, and Mr. Bibeau explained the MRC had already established its advisory recommendation on the proposed amendments to the Comprehensive Plan (reflected in MRC’s adopted May 5, 2008 resolution contained in the adopted meeting minutes).  Mr. Bibeau clarified that it was his understanding that Dr. Martin was simply requesting that the MRC forward its previously established advisory recommendation to the State to obtain additional support.  Dr. Martin noted the PAB had conducted four public hearings on this item, and had recommended that the Port of Miami River element remain and be strengthened in order to protect the marine industry.

State Representative Luis Garcia stated he and his Chief of Staff Matthew Monica had recently been invited to tour the Miami River with City of Miami Mayor Manny Diaz and City Commissioner Angel Gonzalez.  Rep Garcia noted he is relatively new to the MRC, therefore he wanted to hear from all interested parties.  Rep. Garcia stated during the tour, which was documented by a City of Miami photographer, Mayor Diaz and Commissioner Gonzalez had addressed the “under-utilization” of the river, specifically among marine-related properties.  Representative Garcia stated he had requested copies of the photographs taking during the tour, but had yet to receive them. Representative Garcia, a former Fire Chief, reported he had witnessed first-hand fire violations along the river, and suggested that the City’s Code Enforcement bring any potential violations of the City Code into compliance with existing laws.  Representative Garcia stated he had invited the Mayor and Commissioner Gonzalez to today’s MRC meeting, since he noted they had been “anxious to share their point of view,” and was disappointed that neither of them were in attendance.  Representative Garcia therefore suggested inviting them to the MRC’s next monthly meeting, and Chair Buermann replied the City of Miami, Commissioners, and Mayor Diaz, whom by our enabling legislature is an MRC board member, are always welcome to participate in MRC meetings, noting the MRC has considered this item at several public meetings when our advisory recommendation on this issue was established.  Per the request of Representative Garcia, Mr. Ruano agreed to follow-up with the city photographer to obtain a copy of the aforementioned pictures and would relay Rep. Garcia’s encouragement for the City’s elected officials and or representatives to participate in future MRC meetings.  Rep. Garcia noted he is the Vice-Chair of the Dade Delegation, and was willing as suggested to forward the MRC’s advisory recommendation on the proposed amendments to the Comprehensive Plan to the appropriate ST Representatives.  Chair Buermann noted the next regularly scheduled first Monday of the month, noon, MRC meeting is on July 7. 

Mr. Ruano noted he had spoken in front of the PAB regarding the Port of Miami River Sub-element, and shared with the MRC his personal belief that removing the word “Port” would not have a detrimental effect on the Miami River’s marine industries nor harm the dredging project’s chances in obtaining federal funding.  Mr. Ruano recognized a continuing concern that some protection of the river’s marine industries would be taken away as a result of the elimination of the Port of Miami River language, but felt as though there wasn’t any clear evidence to indicate this, and as a result could not understand why the marine industries would feel threatened.  Chair Buermann stated the local sponsors of the Miami River Maintenance Dredging project are in the process of seeking the remaining funding needed to complete the project as well as reimburse the extra funding provided by the local project sponsors.  Chair Buermann noted the Miami River is tied as the 4th largest seaport in Florida, based on annual cargo value transported to and from the river each year, and deleting the Port of Miami River Sub-element language does not send the right message to the project’s funding partners, may discourage private investment and negatively impact public perception, and therefore did not understand why the City of Miami has decided to remove the Port designation from the Miami River.

Representative Garcia noted the City of Miami’s jurisdiction over the Miami River extends up to 27th Avenue, and asked if Miami-Dade County, whose jurisdiction along the river extends west of 27th Avenue, had taken any formal position on this item.  Mr. Bibeau noted Miami-Dade County’s Comprehensive Plan contains strong language supporting the Port uses along the Miami River. Representative Garcia stated the MRC should bring the County and City to the table because he is a firm believer in bringing all the parties together to discuss issues and reach consensus, and Chair Buermann concurred, noting that the purpose of the MRC is to bring all River stakeholders together to speak with one voice on river related issues.  Mr. Ruano noted he was not familiar with the county’s Comprehensive Plan, and therefore did not realize that the Port of Miami River is included among its planning objectives/goals.  Mr. Ruano recalled a meeting which had been conducted some time ago to discuss a draft County ordinance which would create a Miami River Marine Industrial Zoning Overlay District in unincorporated Miami-Dade County west of 27th Avenue for the riverfront parcels, which he noted was met with much opposition by the property owners.  Mr. Ruano added the aforementioned draft ordinance was therefore never brought forth to the Board of County Commissioners for consideration, and noted the MRC should keep in mind the sentiment formerly expressed by these property owners. 

Chair Buermann stated the MRC had lost quorum.  Dr. Martin suggested that the MRC Chair write the Dade Delegation to suggest they support the MRC’s advisory recommendation as stated in the MRC’s adopted May 5, meeting minutes regarding the Port of Miami River Sub-element, and Chair Buermann replied he did not have an issue with sending the suggested letter to the Dade Delegation, noting the MRC had already formulated its advisory recommendation on the proposed amendments to the Comprehensive Plan during the previous MRC meeting.

D.  Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude provided the following report: The SSC’s April meeting minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.  In addition, the County’s Water and Sewer Department’s has commenced an odor abatement pilot program for their large sewage main, which runs beneath South River Drive.  Mr. Bibeau stated the MRC has commenced advocating for the funding plan approved during last month’s meeting, which he noted are reflected on page eight of the MRC’s adopted  May 5 meeting minutes.  The next Stormwater subcommittee’s public meeting is this Wednesday, June 4, 10 AM, at the Miami River Inn, 118 South River Drive.

E. Economic Development and Commerce Working Group (EDC) – EDC Co-Chair Megan Kelly stated the EDC is scheduling a meeting this month to discuss with Chairman Barreiro the MRC’s adopted award winning Miami River Corridor Multi Modal Transportation Plan’s recommendation for a Short Sea Shipping operation to connect the Port of Miami, Port of Miami River, MIA and CSX rail. Co-Chair Kelly indicated there is a potential federal funding source for the recommended Miami River short sea shipping operations, which requires continued partnership with Miami-Dade County.  Co-Chair Kelly added the MRC-supported “Campeones Full Service Marina and Boatyard” was approved by the Board of County Commissioners last month.  

F. Public Safety – Chair Buermann deferred to Mr. Bibeau, as Miami River Marine Group Executive Director Dr. Fran Bohnsack, whom usually provides an update of the monthly Miami River Homeland Security meetings, was unable to attend today’s meeting. Mr. Bibeau noted it was his understanding that the “TWIC” (Transportation Worker Identification Card) is currently being implemented along the Miami River. Mr. Bibeau added all shipping terminal/marine industrial employees will soon have one.  Ms. Elena Licea, Antillean Marine, noted she has yet to receive her “TWIC,” which would replace her temporary ID badge.

Mr. Ruano noted that several weeks ago, a GAO report was published regarding maritime safety, and he would provide a related article to MRC staff for distribution.  Mr. Ruano stated the MRC monthly meetings typically do not have US Coast Guard and Customs representatives in attendance to address ensuring public and maritime safety issues along the Miami River or other items of interest, and recommended inviting them to future MRC meetings to provide updates, instead of hearing reports second hand.  Chair Buermann noted that though Dr. Bohnsack assists in providing such monthly reports, he welcomed the idea of extending additional special invitations to USCG and Customs representatives.  Ms. Elena Licea, Antillean Marine, stated Customs frequently conducts regular and surprise inspections of the Miami River’s international shipping terminals, including Antillean Marine.

The meeting adjourned.

I. MRC Chair Report - Chair Eric Chairman Buermann welcomed attendees to the MRC Executive Board requested publicly noticed informational Miami River Boat Tour.  Chairman Buermann stated he would like to have a brief meeting, and then adjourn so the rest of the time during this publicly noticed boat tour attendees may focus on the River before us.

Chairman Buermann stated as in previous years and per standard operating procedure, the MRC Executive Committee’s distributed June meeting minutes reflect the unanimous adoption of the FY ’09 operating budget, which was adopted by the Miami River Fund, Inc board as well.  The adopted FY ’09 budget, which started on July 1, 2008, was distributed as an FYI to all MRC members and designees one week prior to today’s meeting.

Chairman Buermann stated as discussed in previous MRC meetings the Greenways subcommittee is planning volunteer creations of 3 additional riverfront pocket parks and Miami River Greenway clean ups with the University of Miami and Hands on Miami during 5 upcoming events on August 11, August 30, September 20, October 12 and November 8.  Therefore Chairman Buermann noted there was sufficient available funding from eligble grants to authorize expenditure of up to $35,000 total to purchase trees, plants, mulch, dirt, gloves, garbage bags, paint and other needs for the 5 upcoming volunteer Miami River Greenway beautification events.

Chairman Buermann directed Director Bibeau and appropriated attendees to provide an informational narrative of the passing sites along the Miami River.  Chairman Buermann adjourned the meeting.  The tour narration provided the following information related to the work of the MRC’s subcommittee’s:

II. MRC Subcommittee Reports

Dredging Subcommittee (DSC) – Thankfully on June 28 the Miami River maintenance dredging and environmental clean-up project skipped ahead from the end of Acceptance Section 9, and commenced dredging in Acceptance Section 12.  After Acceptance Section 12 is completed, they are scheduled to dredge acceptance section 11 followed by 10, while the ACOE awards the final to be awarded Acceptance Sections 13-15.  In late June the House of Representatives included the President’s requested $10.278 million for the project in the House FY ’09 Energy and Water Bill.  The U.S. Senate will try to adopt their FY ’09 Energy and Water Bill later this month.  If appropriated, this would be the first non-guaranteed federal reimbursement of the previously appropriated $21 million total in local advanced funding, consisting of $15 million from the ST, $3 million from SFWMD and $3 million from FIND.  The ACOE’s 5-year contract sets the price as a flat rate per cubic yard removed, and if we are unable to complete the project under the current contract any potential new contract is expected to be more expensive.  Since the dredging is proceeding towards the mouth of the Miami River, all of the projects benefits depend on its completion.  Therefore the dredging subcommittee is continuing to work with our partners to ensure the project is completed under the current contract without further temporary demobilizations, interruptions and delays.  Subject to available funding and the contractors producing their intended rate of dredged cubic yards per day, the project will be completed before the contract expires in April 2008.  The final ST appropriation of $10 million is on track to be provided to the ACOE by their July 31, 2008 goal, in order to provide ACOE with sufficient time to award the project’s final acceptance sections 13-15 by the contractual September 30, 2008 deadline.

   
The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas.  The FL department of ST Secretary Browning wrote the FL Department of Management Services asking them to issue an emergency and hire a shoreline contractor for the fully funded replacement of the collapsed Miami Circle seawall before the dredgers arrive at the Brickell Bridge potentially as early as late this year.
The next regularly scheduled Third Wednesday of the month dredging subcommittee meeting is July 16, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.

Greenways Subcommittee (GSC) – Per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions,  MRC staff continues to present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting, which are reflected in our monthly meeting minutes.  The City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission.  At our quarterly Greenways meeting with senior City Administration, the City provided the recently submitted Latitude on the River rendition to make their previously constructed publicly accessible riverwalk connections with the adjacent riverwalk to the west at the 2 Ave Bridge and to the east at Neo Vertika more consistent with the dimensions approved by the City Commission.  The City administration rejected the first proposed rendition of the riverwalk improvements, and is expecting to receive a revised 2nd draft.  Per the City Manager’s Chief of Staff, Roger Hernstadt, direction to the City Administration in October 2007 some letters have been sent requesting seawall repairs specifically at Neo Vertika, Riverfront East and West.

The 6 riverfront Miami Dade County sites, which the Miami-Dade County General Obligation Bond Issue’s $7.5 million Miami River Greenway line item will fund future construction of publicly accessible riverwalks were pointed out.

The Florida Riverwalk Trust is planning their third annual meeting for the fall of 2008.  Last year’s Florida Riverwalk Exchange meeting was held on the FT Lauderdale riverwalk, and this year it will be held on the Miami River Greenway on November 7 with representatives from riverwalks statewide.

Stormwater Subcommittee (SSC) – MRC June minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.  The MRC has commenced advocating for the funding plan as approved during our May 5 meeting:

1. $3 million from the City of Miami FY ’09 Stormwater Utility Trust Fund, which will be considered by the City Commission in September 2008
2. $3 million from Miami-Dade County FY ’09 Stormwater Utility Trust Fund, which will be considered by the Board of County Commissioners in September 2008
3. $1 million from FIND for the navigable portion of Seybold Canal, which the MRC recommended new Campeones Boatyard and Marina, Popeye’s Boatyard, and several navigable vessels currently are only able to navigate the Seybold Canal by high tide because they hit bottom at low tide
4. $3.8 million from the FL Legislature during the 2009 Legislative session
5. Recapturing the $1 million South Florida Water Management District (SFWMD) grant awarded to the City of Miami several years ago, yet reprogrammed to a different SFWMD project when the City was unable to use the previously awarded grant to dredge the Wagner Creek and Seybold Canal in a timely fashion

In addition the SSC and MRC staff are advocating for the City to renew their $200,000 contract and the County to renew its $100,000 cost share for continued MRC recommended services being provided by the Scavenger Water Decontamination Vessel.

E. Economic Development and Commerce Working Group (EDC) – EDC is working towards implementing the MRC’s adopted award winning Miami River Corridor Multi Modal Transportation Plan’s recommendation for a Short Sea Shipping operation to connect the Port of Miami, Port of Miami River, MIA and CSX rail. The federal FY ’10 Energy and Water Bill is a potential federal funding source for the recommended Miami River short sea shipping operations, therefore the EDC is recommending Miami-Dade County include it in their Federal Fiscal Year ’10 Legislative Package.

I. MRC Chair Report - Chairman Buermann welcomed meeting attendees back from the August break and proceeded with Subcommittee reports, in order to provide Biomix Energy Corporation representatives ample time to arrive and set-up for their presentation (MRC Agenda Item II). Chair Buermann recognized Mr. Domingo Ginorg, Office of State Representative Luis Garcia, and thanked him for attending. Chair Buermann announced the MRC meeting was short one member for quorum, and decided to continue the publicly noticed meeting without taking any formal actions. 

II. Presentation from BioMix Energy Corporation Regarding Plans to Create & Ship Bio-Diesel Fuel from 3300 NW North River Drive – Chair Buermann welcomed Mr. Steven Karpel and representatives from Biomix Energy Corporation. Mr. Karpel, Chief Operating Officer of Biomix Energy, introduced Mr. Juan Garcia CEO of BioMix Energy, and Mr. Felipe Cano, Chairman of the BioMix Energy Board. Mr. Karpel provided an updated PowerPoint presentation of Biomix Energy Corporation, a bio-diesel production company, and its proposed plans to create the first and largest bio-diesel facility in the southeast United States on the Miami River.  Mr. Karpel addressed the following items:

• BioMix is trying to create a sustainable, environmentally-friendly alternative to oil through incorporating bio-diesel fuel in everyday life; working with local government to change behavior through public education and making a positive impact in the “green” movement; its strategy is bio-diesel advocacy to reduce independence on foreign oil; will concentrate on non-food-based oriented crops
• Biodiesel fuel: only fuel approved by the Environmental Protection Agency (EPA) to reduce Greenhouse Gas Emissions by 78%; renewable, biodegradable, clean-burning fuel derived from non-edible Jatropha plant oils; quality-assured; increases engine performance and efficiency; produces 3.5 times more units of energy than what is needed to produce it
• Biodiesel production and distribution will have a potential, positive impact on economy, based on studies conducted by the National Biodiesel Board; enormous potential in Florida
• Florida is the third largest consumer of combustible fuel within United States (24 million gallons per day, according to the Department of Energy); 100% of fuel in Florida is imported; 30% is diesel(2.45 billion gallons each year)
• Has selected 3300 NW North River Drive as site of future facility (estimated footprint: 100,000 square feet); Mr. Karpel illustrated the federal navigable channel line on the PowerPoint site aerial and noted the river area between the shoreline and the navigable channel; estimated investment: $40-$50 million; engineering company & the producer of the Biodiesel technology would like the Miami-based Biodiesel Facility to be their flagship plant
• Facility’s proposed waterfront location on the Miami River will significantly reduce transportation costs of materials and biodiesel; Every 10 million gallons of bio-diesel fuel produced would require the following transportation: 2,400 truck movements or 500 movements via train (railway), as compared to only 25 barge / ship movements if the facility were conveniently located on the Miami River
• Phase I will incorporate collecting used/recycled oil to make 15 million gallons of biodiesel per year by the end of next summer; by 2011, hope to create and sell up to 30 million gallons per year
• Phase II of production will consist of bringing in Jatropha at high volumes from South and Central America to transform into bio diesel which will then be shipped in vessels to customers
• Bio-diesel production/technology consists of a self-contained, waterless system that uses ion-resin to extract impurities and purify bio-diesel fuel to US standards, which minimizes environmental impacts; minor amount of non-portable, non-toxic wastewater is yielded in the process, but is contained in on-site storage containers
• Primary market: Miami-Dade Transportation, schools, river boatyards and marinas, Port of Miami, Miami International Airport
•  Proposed Bio diesel plant will generate 50-60 new on site jobs
• Mexico only has 7-8 years of diesel remaining while US only has 36 months of reserves

 Questions/Comments

• Mr. Dubin asked if the proposed biodiesel production facility will incorporate the same standards as a diesel fuel facility (i.e. double-walled tanks), and Mr. Karpel replied that biodiesel fuel actually has more stringent requirements.
• Mr. Manny Prieguez, MRC, asked how Biomix would adjust to fluctuating fossil fuel prices in the market, and Mr. Karpel replied their prices rise and fall along with raw materials, yet the biodiesel should remain 10% less expensive than regular diesel
• Commissioner Bruno Barreiro asked if the facility’s design plans and permits are in place, and Mr. Karpel replied that though the site has not been purchased, he had recently obtained a “Letter of Interpretation” from the Miami-Dade County Department of Environmental Resources Management (DERM), indicating they would be willing to consider an application which may be permitted. Mr. Garcia added they would also meet with the USCG, the Miami-Dade Water & Sewer Department and the Miami-Dade Planning and Zoning Department.
• Chair Buermann asked if the proposed site would require rezoning, and Mr. Karpel replied that, based on previous discussions with Planning and Zoning, the site may need to be rezoned from IU-2 to IU-3.
• Commissioner Barreiro noted it had formerly been reported that biodiesel fuel tends to coagulate in cold temperatures, and asked if this issue had been bypassed. Mr. Karpel explained that this problem would not be encountered in South Florida, as it is a tropical region, and biodiesel fuel is typically blended with regular diesel fuel to prevent possible coagulation.
• Mr. Dubin asked if Biomix would consider using Florida-based farms as a source for raw materials, and Mr. Garcia replied that Biomix is in contact with farms in South Florida in order to obtain raw materials at a later date (i.e. Homestead); Mr. Dubin noted that utilizing US flag tugboats to transport the biodiesel fuel will help boost the economy
• Mr. Ruano asked if any ships on the river are currently using biodiesel fuel, and Mr. Dubin replied he believed Bernuth was utilizing bio-diesel fuel, but had personally not been approached by anyone trying to sell it along the river; Mr. Karpel stated it was Biomix’s intention to reach out to all marine-related river business owners

Chair Buermann thanked Biomix for their presentation, which he noted had been presented to the UIWG on August 25, 2008. Chair Buermann asked Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group, to provide the UIWG’s recommendation regarding Biomix’s proposal.

Chair Murley reported the UIWG’s distributed August meeting minutes reflect his recommendation that the MRC find Biomix Energy Corporation’s proposed plans to create and ship bio-diesel fuel from 3300 NW North River Drive along the Miami River consistent with the Miami River Corridor Urban Infill Plan, Governor Crist’s Executive Orders/Recommendations regarding Climate Change, the MRC-adopted “Miami River Corridor Energy Efficiency & Water Conservation Report,” the Miami-Dade County Comprehensive Plan, and the “Miami River Corridor Multi-Modal Transportation Plan,” contingent that Biomix operates in an environmentally sound fashion, obtain and operate under all required environmental regulatory permits.   

Chair Murley noted that Biomix did not indicate a potential rezoning at the August UIWG meeting, yet conceptually speaking, the UIWG was supportive of the proposal. Chair Buermann stated he had previously mentioned that the MRC meeting was short one member for quorum, and could therefore not take any formal action. Chair Buermann explained that if the County’s Department of Planning & Zoning determines that the subject property needs to be rezoned from IU-2 to IU-3, the UIWG would offer Biomix an opportunity to re-present its revised proposal, which would be then forwarded to the MRC to render an advisory recommendation.

III. Discussion of City of Miami Proposal to Allow Installation of New Billboards at Riverfront José Martí Park and at South Fork’s Fern Isle Park - UIWG Chair Murley stated the aforementioned item was discovered while staff was reviewing the July Miami City Commission meeting agenda. Chair Murley noted this City resolution, which was discussed at the August UIWG meeting, would allow the installation of new billboards within four city-owned parks which currently do not allow billboards – and two of the four subject parks are located on the Miami River. Chair Murley stated the only existing position the MRC has on record was formulated in 2001, and references the removal of illegal or non-conforming billboards in order to improve the natural aesthetics of the riverfront, which he noted was slightly different from today’s agenda item. Chair Murley noted that after much discussion and debate he recommended that the MRC refine its 2001 position by, if deemed appropriate, endorsing the city’s proposal to install new billboards in Jose Marti and Fern Isle Parks, contingent that the billboards installed at Jose Marti Park and Fern Isle Park are setback at least 100 feet away from the Miami River (half the distance required in the City of Miami charter), and that any funds generated from these billboards be dedicated to each respective park. 

Mr. Prieguez stated he had a vague recollection that state law prohibited the installation of billboards within public parks, and Chair Murley replied that the MRC did not investigate this matter since it was assumed that the city had performed all the necessary legal analysis before placing the action item on the July city commission meeting agenda.

Commissioner Barreiro asked if the funds generated from the billboards would go towards the City of Miami Department of Parks and Recreation, and Chair Murley replied that was the general intent, yet the UIWG respectfully recommends that any funds generated from the billboards installed at Jose Marti Park and Fern Isle Park be dedicated to each respective park.  Mr. Wright concurred with Chair Murley’s recommendation. 

Dr. Martin stated the UIWG minutes note his opposition to any new billboards along the Miami River.  Dr. Martin noted he believed that installing billboards in public parks-which has always seemed to generate much controversy - remains a major concern among the community, and turning over public land in a public park in order to generate revenue defeats the overall purpose of enhancing the park as an area for enjoyment and recreation, and is therefore not good public policy. Dr. Martin stated he hoped Mr. Prieguez was correct in that a ST law prohibited the City from allowing new billboards in public parks.  Dr. Martin expressed that he is not the only member of the MRC who shares this belief.  Dr. Martin noted however, that if the City decides to allow billboards in these riverfront public parks, he would support the UIWG’s recommendation, which would help minimize their negative impacts.

IV. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Chair Buermann stated he was pleased to report that the Miami River maintenance dredging and environmental clean-up project is almost complete. Chair Buermann stated the over $55 million in utility relocations, as required by the Army Corps of Engineers (ACOE) in 2000-2004, are continuing to be completed prior to the dredging contractors’ arrival within each subject utility crossing area. Chair Buermann noted a gas line owned by TECO Gas Co. is pending relocation, yet in the meantime, the dredgers had agreed to skip over that area and if it is addressed before the project is over they would return to dredge out any skipped over sediment due to the line remaining not as deep beneath the federal navigable channel as required by the ACOE. Chair Buermann stated FP &L is in the process of relocating one of their lines which was skipped over by the dredge as well, which he added needed to be moved prior to October 6 in order for the dredgers to return and dredge the skipped over area before they demobilize.  Chair Buermann stated the Miami Circle’s seawall, which collapsed last summer into the federal navigable channel to the east of Brickell Bridge, remains an issue.  Chair Buermann noted the MRC is continuing to work with the ACOE, Miami-Dade County and the State of Florida to ensure that the collapsed seawall is removed before the dredging contractors’ arrival in Acceptance Section 15.  Chair Buermann explained that if the collapsed seawall remains in the federal navigable channel, the ACOE will require the dredgers to stay further away, temporarily leaving behind sediment that would have been dredged under the contract if the seawall was intact.  Chair Buermann added that aside from these “short items,” everything-including local and federal funding-seems to be in place. Chair Buermann reported the President’s FY ’09 budget request, and the marked up Senate and House Energy and Water Bills, include $10.278 million for the project, which he noted could potentially be provided as reimbursement for the extra funding the local cost-share partners had contributed over the original local cost share.

Chair Buermann stated the Miami River maintenance dredging project has overcome many hurdles.  Chair Buermann stated the MRC is anticipating having a ceremony in October to commemorate the “last scoop” of the Miami River maintenance dredging and environmental clean-up project, and thank all project sponsors for making this day possible.  Chair Buermann noted the MRC will advise when the celebration has been scheduled.

Chair Buermann praised Mr. Brett Bibeau, MRC Managing Director, for his tremendous efforts and assistance throughout the entire Miami River maintenance dredging and environmental clean-up project.  Chair Buermann noted that had it not been for Mr. Bibeau’s tenacity and dedication to bring all federal and local project sponsors together in order to keep dredging on track, the Miami River maintenance dredging project may not have been completed. Chairman Buermann added Director Bibeau and Assistant Director Chase are overworked and underpaid.  The MRC applauded and congratulated Mr. Bibeau. Mr. Bibeau thanked the MRC, and recognized the Miami River maintenance dredging and environmental clean-up project as a team effort. Mr. Bibeau extended his appreciation to Chair Buermann and the South Florida Water Management District for coming in at the 11th hour and providing an extra $3 million for the project.  Mr. Bibeau expressed his sincerest gratitude to the following sponsors/partners as well: the State of Florida, the Dade Delegation led by Congresswoman Ileana Ros-Lehtinen, the Florida Inland Navigation District, Miami-Dade County, City of Miami, and the Army Corps of Engineers.

B. Urban Infill Working Group (UIWG) – Chair Jim Murley stated the UIWG conducted a meeting in July and August, and continues to monitor the draft Miami 21 public planning process.  Chair Murley stated the final draft Miami 21 would be presented to the City of Miami Planning Advisory Board in its entirety (all four quadrants) in October.  Chair Murley added the City is currently working on drafting regulations for the newly proposed “D3 Marine” zoning designation, which pertains to the Miami River and is expected to be included in the final draft Miami 21.  Chair Murley stated that during the August meeting, the UIWG had reviewed and discussed the MRC’s updated May 5, 2008 advisory recommendation with city representatives. Chair Murley noted the city had expressed a willingness to address the MRC’s recommendations/comments regarding proposed industrial categories for D1, D2, and D3, once the D3 zoning designation has developed beyond a conceptual phase.

Chair Murley explained that, as no new updates in the draft Miami 21 had formally been presented at the August meeting, the UIWG therefore did not recommend any amendments to the MRC’s current advisory recommendation. Chair Murley added the UIWG had extended an invitation to the city to present the new proposed D3 zoning designation-as well as any new updates to the draft Miami 21- at a future meeting to allow the UIWG to forward any additional recommendations to the full MRC board, which may modify or maintain its current advisory position for the draft Miami 21, previously rendered during the MRC’s May 5, 2008 public meeting.

C. Greenways Subcommittee (GSC) – Dr. Martin stated the GSC Subcommittee did not meet in August, and therefore could not offer a formal report. Dr. Martin noted the next GSC meeting is scheduled for Wednesday, September 10, 2 pm, Robert King High New Board Room. Dr. Martin stated the MRC continues to coordinate and co-sponsor environmental restoration events along completed sections of the Miami River Greenway. Dr. Martin deferred to Mr. Bibeau to provide an update of completed and upcoming volunteer events. Mr. Bibeau provided the following report:
Completed

• Monday, August 11, 2008: Over 20 University of Miami students spread mulch, planted flowers, painted beneath the 1st Street Bridge and removed litter, debris and weeds along the City of Miami-owned Miami River Greenway on South River Drive, between SW 2 ST and NW 1 ST, as part of their annual “Hope Day.”
• Saturday, August 30, 2008: Over 60 University of Miami students helped beautify the City of Miami-owned Miami River Greenway along North River Drive, from SW 1st Street to NW 2nd Street, and beneath the Flagler Street Bridge by painting the bridge’s infrastructure, planting flowering bushes, spreading mulch and removing litter, debris and weeds, as part of “Orientation Outreach.”

Upcoming

• Saturday, September 20, 2008: UM students will create a publicly accessible riverfront park by planting trees, flowering bushes, spreading mulch, and removing litter/debris and invasive species on the Southeast side of the NW 17th Avenue Bridge in the historic Grove Park neighborhood; students will also paint the side of the bridge the same red color as its spans, as part of the national event “Gandhi Day.”
• Sunday, October 12, 2008: UM students will plant bushes, spread mulch, and remove litter/debris and weeds along the City of Miami-owned Miami River Greenway on North River Drive, from NW 3rd Street to NW 6th Avenue, as part of “Hurricanes Help the Hometown.”
• Saturday, November 8, 2008: The MRC will join Hands on Miami volunteers to create a new riverfront publicly accessible park; volunteers will also paint/beautify beneath the 1st Street Bridge, remove litter/debris and weeds, and spread mulch along the City of Miami-owned Greenway on North River Drive, between the 1st Street Bridge and I-95

Mr. Bibeau thanked the City of Miami for their partnership on the 1st Street Bridge volunteer restoration project, as well as the following event sponsors: EDAW, whom provided the landscape architectural renderings, Sherwin-Williams, whom donated paint and painting supplies, BC Architects, the volunteers for their tremendous efforts to help beautify the Miami River, and the grant funding partners whom have provided the MRC with the funding necessary to bring these beautification projects to fruition.

Mr. Bibeau stated that under the leadership of EDAW, Inc. a design competition among Florida International University Landscape Architect Graduate students will take place on September 11, 2 pm, FIU School of Architecture.  Mr. Bibeau noted that, as part of a class project, the students were asked by their professor to create a master plan schematic design-in conformance with the Miami River Greenway Action Plan, for a publicly accessible riverwalk on the North shore at the County owned Water and Sewer Department facility and the adjacent City owned Lummus Park to the south.  The first parcel is county-owned and adjacent to the Water & Sewer Department Pump Station, and the second parcel is part of the City of Miami’s Lummus Landing parcel.  Mr. Bibeau added FIU had invited the city and county to participate as judges, share their input on the presented renditions.  Mr. Robert Ruano asked if EDAW and FIU had met with the City of Miami prior to the competition, and Mr. Bibeau replied EDAW and FIU had written letters to the City inviting them to participate.  Mr. Bibeau added that Miami-Dade County and EDAW had originally sent a letter regarding the design competition to the City Manager’s office in September 2007, inviting the City to participate in the student’s design competition.  Dr. Martin stated he hoped the design competition would help move the concepts of creating riverwalks on these sites, and transform the County’s adjacent vacant parking lot into a public pay lot in order to alleviate parking on the greenway at the adjacent riverfront restaurants.

D. Stormwater Subcommittee (SSC) – On behalf of Ms. Sallye Jude, Chair of the SSC, Mr. Bibeau provided the following update:

The SSC July meeting minutes reflect the MRC’s previously adopted recommended funding strategy to obtain the estimated $14 million for the Seybold Canal and Wagner Creek dredging project from the following sources:

• $3 million from the City of Miami FY ’09 Stormwater Utility Trust Fund, which will be considered by the City Commission this month
• $3 million from Miami-Dade County FY ’09 Stormwater Utility Trust Fund, which will be adopted by the Board of County Commissioners this month

3)  $1 million from FIND for the navigable portion of Seybold Canal
4)    $3.8 million from the FL Legislature during the 2009 Legislative session
5)   Recapturing the $1 million South Florida Water Management District (SFWMD) grant awarded to the City of Miami several years ago, yet reprogrammed to a different SFWMD project when the City was unable to use the previously awarded grant to dredge the Wagner Creek and Seybold Canal in a timely fashion; Mr. Evan Skornick, SFWMD, stated the SFWMD has yet to receive an official request for this funding from the city, but would be willing to entertain such a request. Chair Buermann asked when it would be appropriate for the city to issue this request, and Mr. Skornick replied when the project’s permits have been issued.  Mr. Skornick noted there is currently no line item for the Wagner Creek/Seybold Canal dredging project in the SFWMD’s 2009 budget.  Mr. Ruano stated the City will request reinstallation of the SFWMD cost share after the Wagner Creek and Seybold Canal dredging permits have been issued.

Mr. Bibeau thanked the City of Miami for hiring a firm to obtain the necessary permits for this project, which are expected to be issued to the City this calendar year.

E. Economic Development and Commerce Working Group (EDC) – EDC Co-Chair Megan Kelly stated since the maintenance dredging of the River’s federal navigable channel is in the final stages of being completed, the EDC is in the process of scheduling a planning session to address the future pursuit and funding of economic development-related projects in the Upper River.

F. Public Safety – Mr. Bibeau stated that, per the great recommendation of an MRC board member to take extra steps to reach out to the U.S. Coast Guard (USCG) to obtain river-related updates, Lt. Paul Steiner has kindly joined the MRC today to participate in this item.  USCG LT Steiner provided an update of Hurricane Ike, whose destructive path had thankfully spared Miami.  Lt Steiner stated the USCG is trying to develop better methods to address high levels of vessel congestion during the hurricane season.

USCG LT Steiner stated Commander Brain Gove had asked him to relay to the MRC that the Miami River Maintenance dredging project remains one of the USCG’s main priorities. LT Steiner added the project has overcome many potential stumbling blocks, from relocating utility crossings to the discovery of munitions, and the USCG was pleased to have assisted in this process.

USCG LT Steiner reminded meeting attendees that the USCG Facility Inspection Branch has an operations manual available to all waterfront businesses/facilities which highlights proper procedures for transporting fuel or hazardous materials over the water, and noted such transfers would need to be approved by the USCG.  LT Steiner stated he would be happy to forward that information to meeting attendees upon request, and added that information can also be found in Title 33 CFR Section 154, a provision which governs waterfront facilities.

LT Steiner stated the owners of Island Cargo Systems had submitted a request to perform waterfront alterations at its facility (i.e. increasing the wet slip area to create a roll-on/roll-off vessel platform). Lt. Steiner noted the Army Corps of Engineers had asked the USCG to determine if the proposed plans would impact navigation. Steiner added that, after reviewing the proposed waterfront alterations, the USCG determined that the plans do not adversely effect navigation. Lt. Steiner added that Island Cargo Systems, Antillean Marine and adjacent neighbors have agreed to work together to ensure that no potentially negative navigational impacts are created once the plans are set into motion.

LT Steiner reported the NW 5th Street Bridge replacement project appear to be on track, and opened the meeting up for questions.

Mr. Ruano noted that several months ago, a GAO report had been published in the Miami Herald regarding the safety of container ships and incoming cargo.  Lt. Steiner stated he had not seen this report, but noted that the USCG has a Port Safety Control Branch that inspects vessels, especially incoming foreign flag ships. Lt. Steiner explained that this branch examines many factors such as: vessel registration, country of origin, the ship’s management company. In addition, container inspections are performed to try to pinpoint any safety issues or machinery problems. Lt. Steiner noted that the US government inspects less than 1% of incoming containers nationally, and noted they are trying to increase this inspection process.

Mr. Ruano asked where the incoming container ships are inspected, and Lt. Steiner replied the vessels are usually inspected at the facility in which they are expected to dock. Lt. Steiner explained that if these vessels are new to the US or are of high-interest, the Coast Guard conducts on-board inspections/identification checks of the crew within international waters (or at least 12 miles offshore) before they reach their destination. Mr. Ruano asks if Customs usually boards these vessels, and Lt. Steiner replied yes. Mr. Ruano asked if the USCG checks for drugs or bombs, and Lt. Steiner replied that there are certain sectors within the USCG that have detection devices for drugs and bombs, but his branch is mostly focused on overall marine safety.

Mr. Bibeau stated it was his understanding that the individual certified internationally shipping terminals operated along the Miami River provide the USCG-at least one week in advance-with information regarding the vessel’s crew and cargo, and if any “red flags” pop up following the USCG Inspection branch’s review 12 miles off shore, the vessel could essentially be denied entry into the river. Lt. Steiner explained that any vessel coming into the US from a foreign country is required to provide an advance notice of arrival, as well as a crew and cargo list, at least 96 hours out. The USCG’s Intelligence Branch then reviews this information and conducts backgrounds checks/screening of the crew and of the vessel itself.

Mr. Bibeau stated it was his understanding that the USCG inspects all operating international shipping terminals along the river, and if any of them are found to be inconsistent with the Federal Maritime Security Act, they could be subject to fines and or shut down. Lt. Steiner explained that the USCG has a branch which focuses on facility security and dispatches inspectors to monitor shipping terminals compliance with the Federal Maritime Security Act requirements.

Dr. Bohnsack noted a Miami River Homeland Security meeting had been scheduled for tomorrow, but was cancelled due to the possible threat of Hurricane Ike. The meeting has since been rescheduled for September 23, 2 PM, USCG Gator’s Den.

The MRC thanked LT Steiner for his update and participation at today’s meeting.  
 
V. New Business - Mr. Ruano stated he would like to address the following item/topic at the next publicly noticed MRC meeting: Discussion of the Committee Structure of the Miami River Commission (i.e. board member composition, participation, voting procedures, etc.). Chair Buermann stated that any suggestions for improvement are always welcomed and entertained. Mr. Dubin asked if there were by-laws, or any other written document, which illustrated the various subcommittees’ structure, and Mr. Bibeau replied he believed so. Mr. Ruano stated he would request MRC staff to forward him this information, which he believed would be beneficial for the entire commission to have and understand.  Mr. Bibeau noted MRC staff would be more than happy to place this requested item on the next publicly noticed meeting agenda, and took the opportunity to provide the following information in preparation for the upcoming item:

• Subcommittee Chairs create non-binding advisory recommendations of their respective subcommittees, which are then presented to the full commission to vote on the MRC’s advisory recommendations
• All meetings are publicly noticed and public participation is encouraged at all meetings

Mr. Bibeau stated he was open to receiving any comments/input regarding this process. Mr. Bibeau stated that, when he provided a brief overview of the MRC’s subcommittee procedures, he was referring to those implemented by the Greenways, Stormwater, Dredging, Urban Infill Working Group and Economic Development & Commerce Subcommittees.

I. MRC Chair Report - Chair Buermann asked to entertain a motion to approve the MRC’s June 2, July 7, and September 8, 2008 meeting minutes. Mr. Manny Prieguez moved a resolution for the MRC to adopt the June 2, July 7 and September 8, 2008 meeting minutes; the resolution was seconded by Ms. Sallye Jude and was unanimously adopted by the MRC.

Chair Buermann noted everyone has been provided invitations to the Wednesday, October 15, 2008 “last scoop” ceremony to celebrate the successful completion of the Miami River Commission’s priority goal since its inception: the $88 million Miami River Maintenance Dredging and Environmental Clean-up project.  On behalf of the MRC, Chair Buermann thanked the project’s six funding partners, Congress, the State of Florida, the Florida Inland Navigation District, the South Florida Water Management District, Miami-Dade County and the City of Miami, as well as Mr. Brett Bibeau, MRC Managing Director, for his hard work and assistance. Chair Buermann noted the event will take place at 11:45 am at the One Miami Riverwalk, 325 South Biscayne Boulevard, on the river’s north shore, east of the Brickell Avenue Bridge, and a written invitation was distributed and e-mailed out to the MRC’s entire database.  Chairman Buermann noted the final utilities, FPL and Teco Gas were addressed, therefore the dredgers returned and dredged over the utility lines previously temporarily skipped over.

Chair Buermann noted the rotating PowerPoint images were taken during the MRC’s last three volunteer Miami River Greenway beautification projects. Chair Buermann stated the MRC sincerely appreciates the sponsorships provided by Vila and Sons, the new river area Sherwin Williams on North River Drive and 5 ST, BC Architects, EDAW, the Florida Department of Transportation, Miami-Dade County, the City of Miami, Florida Drawbridge, the Community Image Advisory Board and the wonderful volunteers from the University of Miami. Chair Buermann added the MRC is proud to be coordinating and co-sponsoring additional upcoming volunteer efforts along the Greenway on Sunday, October 12, 1-4 PM, with UM volunteers along the North River Drive Greenway from NW 3 ST to NW 6 Ave, and on November 8, 9 am-noon to create a new riverfront pocket park adjacent to the recently constructed greenway section along North River Drive, just south of the 1 ST Bridge with Hands on Miami volunteers.

Chair Buermann stated MRC staff will be sending out a letter noting advertising opportunities available in the 6th annual Miami River Map and Guide.  Proceeds are used for continuing efforts to improve the Miami River area.  Chair Buermann added the MRC website recently received a wonderful face lift and more information about the annual Miami River Map and Guide is posted on the improved website, www.miamirivercommission.org.

Chair Buermann thanked the City of Miami for renewing the MRC’s $25,000 annual appropriation, which will allow the MRC to continue providing environmental education and funding volunteer events along the Miami River. Chair Buermann also thanked Miami-Dade County for appropriating $100,000 in its Fiscal Year 2009 operational budget for the MRC to hire the Scavenger Decontamination vessel services on the Miami River.

Chair Buermann recognized and welcomed Mr. Mark Spanioli, the new designee for the Downtown Development Authority. Chair Buermann thanked the South Florida Water Management District, who recently renewed for FY 2009 the Miami River Commission’s $250,000.

II. Discussion of City of Miami Proposal to Allow Installation of New Billboards at Riverfront José Martí Park and at South Fork’s Fern Isle Park - UIWG Chair Jim Murley stated the MRC had discussed and debated the aforementioned item during its September meeting, but had not rendered an advisory recommendation partially due to lack of quorum. Chair Murley cited the UIWG’s August 25, 2008 meeting minutes where he “recommended that the MRC refine its 2001 position by-if deemed appropriate- endorsing the city’s proposal to install new billboards in Jose Marti and Fern Isle Parks, contingent that the billboards installed at Jose Marti Park and Fern Isle Park are setback at least 100 feet away from the Miami River (half the distance required in the City of Miami charter), and that any funds generated from these billboards be dedicated to each respective park.” Chair Murley explained that the only existing position the MRC has on record was formulated in 2001, and references the removal of illegal or non-conforming billboards in order to improve the natural aesthetics of the riverfront, which he noted was slightly different from today’s agenda item.  Chair Buermann opened the item up for further discussion.

Ms. Sallye Jude, MRC, stated she had very strong feelings regarding this item. Ms. Jude explained that parks are meant for recreation and relaxation, and should therefore not be exposed to “visual pollutants” such as billboards. Chair Murley stated he believed that only the structural components/base of the elevated billboards would be visible by the public within the city-owned parks. Ms. Jude noted that parks should be owned by the people in the community, not by the city, and added that she did not agree with the city making money off of public parks.

Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, noted that Mr. Manny Prieguez had commented during last month’s MRC meeting that he had a vague recollection that state law prohibited the installation of billboards within public parks. Dr. Martin asked if any research had been conducted regarding this issue following last month’s meeting.  Mr. Prieguez stated he had discovered that if a park is located within a municipality, not withstanding state statute which does not allow billboards to be erected in parks, public schools, cemeteries, etc., the city can create an exemption or caveat allowing the installation of billboards in neighborhood parks such as the one being considered.  Mr. Prieguez noted he believed that in this instance, the City of Miami is acting very much like a regular landowner, in that a company has negotiated a deal to erect billboards in these areas which would generate revenue for the city.  Mr. Prieguez explained that the billboards must still abide by Florida Department of Transportation rules and regulations and must receive permits from the City’s building and zoning departments.

Mr. Richard Dubin asked if the city’s decision to install billboards within riverfront parks would open up the ability for other riverfront property owners/businesses to have signage at their sites, and Mr. Prieguez replied it was his recollection that there are only three companies within the City of Miami that have incumbent status in regards to billboard installation, and therefore any additional companies are prohibited from erecting new billboards. Mr. Prieguez went on to explain that years ago there was an arrangement/settlement made between the City of Miami and the “incumbent” companies (Clear Channel, CBS and Carter Outdoor) to remove illegal or non-conforming billboards. As part of the negotiation terms, Clear Channel removed a large number of billboards/outdoor signs in urban areas in exchange for the City allowing them to transfer these billboard permits along Interstate-95 and State Road 836.  Mr. Prieguez noted a similar deal was struck with Carter Outdoor.  Mr. Prieguez noted the last company to enter into a billboard agreement with the City was CBS, whom had experienced difficulty in identifying installation locations after being “blocked out,” and had discussed with the City the possibility of erecting billboards in public parks as a means of generating revenue for the City’s Park Department. 
Chair Buermann introduced and welcomed Mr. Pieter Bockweg, City of Miami, whom concurred with Mr. Prieguez’s accurate report regarding billboards. Mr. Bockweg explained that the City had entered into three separate agreements with these companies, permitting them to install “premium” signs along highways while reducing the number of billboards within the City of Miami for example the companies must remove two signs for every one new sign they erect.  As part of the license agreement, Mr. Bockweg noted the companies will be charged a flat fee each year for the billboards, and any revenue generated would be donated to each respective park.

Dr. Martin asked if Miami City Commissioners had voted on this resolution when it was originally presented in June, and Mr. Bockweg replied that before it is presented to City Commissioners for approval, it will be presented to the new Parks and Recreation Committee, which is pending one final board appointment before the item can be presented.

Dr. Martin stated that if the City decides to allow billboards in these riverfront public parks, he respectfully requests that they be erected as far as possible from the waterfront in order to preserve the river’s view corridors and protect the integrity of the park itself. Dr. Martin noted he believed the MRC, which operates as a strictly advisory board, should not be a party to this issue, but was willing to discuss alternative options. Dr. Martin expressed his personal opposition to any new billboards along the Miami River, and noted installing billboards along riverfront parks contradicts the vision depicted in the City’s adopted Parks Master Plan, which refers to Fern Isle Park, Sewell Park and Curtis Park as Miami’s next interconnected “Central Park,” a great recreational amenity. Ms. Jude concurred with Dr. Martin’s observation and commented that allowing billboards within public parks runs the risk of being perceived as a “second rate” city.

Chair Buermann added this item had been originally addressed and reviewed at the UIWG August 25 meeting, of which minutes have been distributed.  Chairman Bruno Barreiro asked if the new billboards proposed to be installed at José Martí Park and Fern Isle Park had been authorized by Miami-Dade County, and Mr. Bockweg replied that the aforementioned billboards are part of the city’s settlement agreement with the incumbent companies. Chairman Barriero stated he believed there was a county ordinance which granted the installation of a certain number of billboards within Miami-Dade County, and there was a current dispute among the city and county over where to file permits for additional billboards.  Mr. Bockweg noted he was not aware of any “list” of approved billboards within Miami-Dade County, but noted the county had its own set of requirements for billboards along arterial roads.

Mr. Steve Wright noted this was a troubling item for him, as an advocate for historic preservation and a private citizen, and therefore needed to state for the record that he was pushing slightly towards allowing the installation of the billboards simply for generating revenue for these city parks during this austere financial time.

Dr. Ernie Martin moved a resolution to deny the City’s proposal to allow installation of new billboards at riverfront José Martí Park and at South Fork’s Fern Isle Park, as it is inappropriate and inconsistent with the Miami River Greenway Action Plan; the resolution was seconded by Ms. Sallye Jude and was adopted 8-3.

III. Consider Renewing Wragg & Casas Services to Create the Miami River Commission’s 2008 Annual Report - Chair Buermann welcomed Mr. Mark Sell, Wragg & Cassas, and mentioned that all MRC board members and designees were provided a copy of last year’s annual report as well as Mr. Sell’s proposal to create the 2008 Annual Report for $4,800-the same terms as 2006 and 2007. As in previous years, Mr. Sell noted Ms. Toni Kirkland, whom designed the new MRC website, would design the MRC’s 2008 Annual Report, and printing costs will be billed independently.  Mr. Robert Villar moved a resolution to renew Wragg & Cassas’ services to create the Miami River Commission’s 2008 Annual Report; the resolution was seconded by Ms. Sallye Jude and was unanimously adopted, 11-0.

IV. Discussion and Review of Miami River Commission Subcommittee Structure-Chair Buermann stated MRC board member Robert Ruano had requested that this item be placed on today’s agenda for discussion. Chair Buermann noted he was not really clear as to what Mr. Ruano specifically had in mind and since Mr. Ruano wasn’t present, it was Chairman Buermann’s intention to provide the Executive Board an opportunity to review the item.  Chair Buermann then proceeded to the Chair and Subcommittee Reports.

Mr. Ruano arrived and stated he has been trying to gain an understanding regarding the structure of the MRC’s different subcommittees.  Mr. Ruano noted that Chair Buermann, whom inherited the inner-workings/structure of these committees when he assumed chairmanship, is not at fault with any issues he would like to bring forth today. Mr. Ruano stated he assumed everyone on the board had been provided the MRC’s enabling legislation prior to today’s meeting, which states the goals of the MRC such as “to unite all governmental agencies, businesses, and residents in the area to speak with one voice on river issues…” and should therefore work on improving that purpose.

Mr. Ruano stated the MRC should work on addressing/improving the following items as well:

• Focus on uniting entities instead of creating a sense of division by taking a stand over one specific position versus another
• Encourage attendance and participation/extend meeting invitations to non-voting members (mentioned in the enabling legislation) such as the Captain of the Port and the US Congressional Delegation representative. Mr. Ruano suggested that these representatives have a designated place at the MRC table, though they are not able to vote, so they may at least participate in meeting discussions.  Mr. Bibeau stated MRC staff sends the ex-officio members the monthly minutes and future meeting agenda’s one week prior to the meetings, and MRC staff will take extra steps to encourage their future attendance and participation of the MRC ex-officio members, the Honorable Congresswoman Ileana Ros-Lehtinen and her designee, Ms. Debbie Zimmerman and USCG Captain of the Port of Miami Jim Fitton.  Chair Buermann explained the Captain of the Port usually sends a Coast Guard designee on his behalf to the MRC meetings, and US Coast Guard representatives continue to participate in monthly dredging meetings.
• Mr. Ruano suggested eliminating the Miami River Public Safety Committee from the list of Subcommittees, as it does not function like a typical MRC subcommittee, and Mr. Dubin stated he agreed.  Chair Buermann concurred with his suggestion and noted that the US Coast Guard conducts monthly Miami River Homeland Security meetings, in which the MRC is invited to attend.  Chair Buermann added that Mr. Gary Winston and Mr. Ruano have a seat at these meetings, and any updates are forwarded/reported to the MRC during its publicly noticed, first Monday of the month meeting. Mr. Ruano admitted that he does not usually attend the US Coast Guard Miami River Homeland Security meetings.
• Mr. Ruano recommended combining the Dredging and Stormwater Subcommittees
• Mr. Ruano noted he had requested information from MRC staff regarding subcommittee structure and membership prior to today’s meeting, but had not been able to obtain a copy of the membership list.  Mr. Ruano noted that instead, he had been provided with a document listing all the subcommittees’ regular attendees.  Mr. Ruano stated it was his understanding that the chair of the subcommittee regularly attends and leads discussions while the people who want to show up simply do so, and then they all vote on specific items. Mr. Ruano suggested that the MRC either decide to have regular voting members in these subcommittees (i.e. implement a roll-call to understand who exactly is voting on specific items in order to avoid a one-sided vote on a particular issue which may not accurately reflect/represent the recommendations of the majority) or simply allow the Chair to proffer recommendations/decisions that are forwarded to the MRC.  Mr. Bibeau stated he was pleased to report that the MRC’s subcommittees currently adhere to the organizational structure recommended by Mr. Ruano, and that there may be a minor misunderstanding. Mr. Bibeau stated that subcommittees, with the exception of the Executive Committee, do not have formal memberships, and that is why MRC staff did not produce a “membership list.” Mr. Bibeau added that subcommittees-with the exception of the Executive Board -do not cast votes.  Mr. Bibeau explained that the Chair of each subcommittee is appointed by the MRC Chair, and they establish a non-binding position, which is forwarded to the full MRC for a vote.  Mr. Bibeau noted that the MRC may disagree with a Subcommittee Chair’s position/recommendation, and provided the following example: Page 5 of the MRC’s Urban Infill Working Group August 25, 2008 meeting minutes reflect the Urban Infill Working Group Chair Murley’s non-binding recommendation regarding the installation of new billboards within the riverfront José Martí Park and at south fork’s Fern Isle Park. Mr. Bibeau noted that during today’s MRC meeting, the MRC had voted on their advisory recommendation which was different from the non-binding recommendation made by Urban Infill Working Group Chair Murley in August, although the minutes reflect MRC board member Martin attended the Urban Infill Working Group meeting and didn’t agree with Chair Murkley’s non-binding recommendation to the MRC.  Mr. Ruano stated that this was not an accurate report, as he has attended subcommittee meetings in the past in which votes had been cast, and the subcommittee Chair makes a recommendation according to the majority vote taken during the MRC subcommittee meeting.

Chair Buermann noted that when he became Chair of the Miami River Commission, he had left former Chair Irela Bague’s subcommittee structure in place and focused his attention on the dredging project, since no concerns or issues had been formally expressed regarding their organization.  Chair Buermann added that the structure of the subcommittees seemed to be working effectively, and he therefore did not focus his time on “fixing something that he didn’t feel was broken,” but was of course open to any suggestions.

Chairman Barreio suggested that every chairman at the onset of his or her term should define the structure and rules of their respective subcommittee.  Chair Buermann noted that when he became Chair of the dredging subcommittee, he essentially accomplished this task and incorporated the input of all the subcommittee’s regular attendees. Dr. Martin, Chair of the Greenways subcommittee since 1999, stated he used to ask for informal votes to poll the desire of the meeting attendees, yet issued his own recommendations for the MRC’s consideration.  Chairman Barreiro noted however, that defining a set membership list may deter public participation or make it difficult to obtain quorum, and therefore suggested that the Chair of each subcommittee continue formulating recommendations - not necessarily by a vote - based on the information provided during the public subcommittee meetings.  Mr. Ruano stated he would be amenable to this suggestion, as long as a list of people who participated at the subcommittee meetings is provided.

V. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Chair Buermann thanked the last two utility companies, FPL and Teco Gas, for taking the necessary actions required to be dredged over.

B. Urban Infill Working Group (UIWG) – Chair Jim Murley stated the Urban Infill Working Group’s September minutes have been distributed.  The new draft Miami 21 maps of proposed zoning amendments were posted on the City’s website, and feature a new transect zone not included in previous drafts entitled “D3 Marine”.  All currently zoned Marine Industrial SD-4 parcels are proposed to become D3 Marine.  Therefore we invited the City Planning Department to our next meeting and respectfully requested the text which defines allowable uses, setbacks, height requirements, etc for the new draft D3 Marine zone.

C. Greenways Subcommittee (GSC) – Dr. Martin stated he was pleased to report that the relationship between the MRC and the City administration has significantly improved, thanks to the productive quarterly meetings in which greenway governance and riverwalk connections are addressed.

The Miami River Greenway remains under construction.  Dr. Martin reported that last month he met with the City of Miami Parks, CIP representatives and a subsequent meeting with Kotelus Alexander, Chief of Staff for Commissioner Spence-Jones, regarding finishing the riverwalk in Lummus Park and opening the Miami-Dade Water & Sewer Department vacant lot on North River Drive for public paid parking.  In addition, Dr. Martin noted he had met with representatives from the Downtown Development Authority, the Greater Miami Chamber of Commerce (GMCC) and the Florida Inland Navigation District, regarding finishing the remaining downtown sections of the Miami River greenway system. Dr. Martin stated the GMCC has adopted the Downtown portion of the Miami River Greenway as a major priority/goal, thanks to Mr. Bibeau’s efforts, and Rich Schuts and Spencer Crowley have been participating. This month GSC Chair Martin stated he will be meeting with Downtown’s Commissioner Marc Sarnoff, and Tim Schmand, Director of the Bayfront Management Trust.

Dr. Martin noted the Florida Riverwalk Trust is planning their annual meeting for the fall of 2008.  Last year’s Florida Riverwalk Exchange meeting was held on the FT Lauderdale riverwalk, and this year it will be held on the Miami River Greenway on November 7 with representatives from riverwalks statewide. Dr. Martin stated Mayor Manny Diaz and the University of Miami are sponsoring an event this evening at the Freedom Tower, in which a panel will discuss the “Miami 7 Mile Promenade,” a baywalk that will eventually connect to the Miami River Greenway. Dr. Martin added the public will be able to view the “Miami 7 Mile Promenade” through a series of conceptual designs and drawings created by students.

The Greenways subcommittee’s next publicly noticed meeting will be held October 9, 11 AM, 1407 NW 7 ST.

D. Stormwater Subcommittee (SSC) –Ms. Sallye Jude stated the Stormwater Subcommittee’s distributed October minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by September 2008.  The Stormwater subcommittee already met this month on October 1, therefore the next regularly scheduled first Wednesday of the month meeting will be held November 5, 10 AM, in the Miami River Inn, 118 South River Drive. 

E. Economic Development and Commerce Working Group (EDC) – EDC Co-Chair Megan Kelly stated the EDC’s September planning session minutes have been distributed for your review where support for Amendment 6 was discussed and interacted with DERM Director Espinosa regarding permitting issues.  Ms. Kelly noted the EDC discussed the MRC’s adopted award winning Miami River Multi Modal Plan’s recommendation for a Short Sea Shipping operation to connect the Port of Miami, Port of Miami River, MIA and CSX rail, as well as develop ways to create and market this idea. Ms. Kelly noted the next EDC meeting has been scheduled for Wednesday, October 22, 9:15 am, Chairman Bruno Barreiro’s district office.

Mr. Dubin asked if it would be possible to request an update regarding DERM’s ongoing Manatee Protection Plan Review Committee meetings, which address important items (i.e. marine operating permits, boat slips, etc.) that will significantly influence the future outlook of the Miami River.  Chair Buermann noted that Mr. Prieguez and Mr. Bibeau both serve on this committee. Mr. Bibeau stated the committee met last week, and added that all meetings are publicly noticed and public participation is encouraged.  Mr. Bibeau noted the data received by the county from the research/fact gathering firm is halfway complete. Mr. Bibeau noted the firm is expected to provide the final report in April 2009, around the same time the committee is scheduled to sunset. The Committee therefore passed a resolution recommending the Board of County Commissioners extend the sunset clause so that the committee can review the deliverables/final and use the data while considering recommending the Board of County Commissioners make any potential amendments to their adopted Manatee Protection Plan.

F. Public Safety – Chair Buermann deferred to Dr. Fran Bohnsack, Miami River Marine Group, for an update on the Port of Miami River Homeland Security meetings. Dr. Bohnsack stated the next meeting, which will be held on Tuesday, October 14, 2 pm, Gator Den, will review “hot work” permits.
 
The meeting adjourned.

I. MRC Chair Report– Chair Eric Buermann stated the MRC was one short of quorum and therefore deferred entertaining a motion to approve the MRC’s October 6, 2008 meeting minutes to the January 5, 2009 MRC meeting.

Chair Buermann stated the rotating PowerPoint is displaying “before and after” images from the MRC’s last three volunteer Miami River Greenway beautification projects.  Chair Buermann noted the MRC sincerely appreciates its generous sponsors and volunteers, adding that several of which have previously sponsored similar efforts along the Miami River.  Chair Buermann called up the following sponsors to receive their plaques of appreciation, and asked them to stay for a group picture with the board:

1) Adan Fons, BC Architects, whom provided design services/landscape plans;
2) Franklin Mcune, University of Miami Butler Service Center, whom provided volunteers;
3) Gustavo Santana, EDAW, whom provided landscape plans and his own personal time to assist volunteers during events;
4) Laura Porter and Sonny Hobson, Florida Drawbridge, whom provided water and restroom access;
5) Frank Guyamier, Florida Department of Transportation, who granted access beneath the bridges in order to create new, publicly accessible riverfront pocket parks;
6) Robert Ruano, City of Miami, which removed the asphalt and demolished the vacant structure adjacent to the 1st Street Bridge in order to create a new riverfront pocket park;
7)  Robert Villar, Miami-Dade County, which granted access and site prep on the former vacant site to the south east of the NW 17th Avenue Bridge in order to create a new riverfront pocket park;
8) Nathan Reiser, Hands on Miami, whom provided volunteers. Mr. Bibeau asked that MRC board members and designees join the sponsors for a photograph.

Chair Buermann announced that advertising opportunities in the 6th annual Miami River Map and Guide and sponsorships for the 13th annual Miami Riverday are available. Chair Buermann encouraged those interested to contact Ms. Ashley Chase, Assistant Managing Director, and added the deadline to take advantage of both opportunities is Feb. 16, 2009.  Ms. Chase noted Riverday will be held on Saturday, April 4, 2009, 11 am to 4 pm, Jose Marti Park, SW 4th Street and SW 4th Avenue. Chair Buermann added that copies of the Riverday sponsorship package and map solicitation letter have been distributed, and noted any contributions would be greatly appreciated

On behalf of the MRC, Chair Buermann thanked Miami-Dade County for appropriating $16,000 in Fiscal Year 09 for the MRC to continue providing environmental educational Miami River Boat Tours to schools and community-based organizations

II. Draft MRC 2008 Report Presentation - Chair Buermann welcomed Mr. Mark Sell, Director of Client Services for Wragg & Casas Public Relations, Inc, and noted the previous week he had e-mailed draft copies of the MRC’s 2008 annual report text to MRC members and designees, and hard copies were distributed during the meeting. Mr. Sell stated he has been creating the annual report since 2000 in order to highlight the MRC’s activities and accomplishments. Mr. Sell recapped that the MRC had previously renewed his services, and similar to terms in recent years the $4,800 fee to create the annual report will be split between Wragg & Casas and graphic designer Toni Kirkland, whom he mentioned also created the annual Miami River Annual Map & Guide and MRC website. Mr. Sell noted Ms. Kirkland’s fee includes design and production, yet printing costs are additional and billed separately.  Mr. Sell noted he would maintain last year’s design and place a special focus on the successful completion of the Miami River maintenance dredging and environmental clean up project completion and the need to obtain funding for the Wagner Creek and Seybold Canal dredging project. Mr. Sell stated he would be reaching out to subcommittee chairs in the near future to obtain additional information, and encouraged anyone with questions or comments to contact him or MRC staff directly, so that he may complete the editorial content by the end of this week. Mr. Sell added he expected to have the final report completed, published and delivered by next month’s MRC meeting, January 5, 2009.

III. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Dredging subcommittee Chair Buermann stated he was pleased to announce that the Miami River Maintenance Dredging and Environmental Clean-Up Project has been successfully completed. Chair Buermann mentioned the Dredging subcommittee is currently focusing on supporting the local project sponsors’ requests for the non guaranteed refund of the $21 million Federal funding shortfall, in which the State covered an extra $15 million, and the SFWMD and FIND an extra $3 million each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.

Chair Buermann noted he once again wished to thank the six project sponsors, Congress, State of Florida, South Florida Water Management District, Florida Inland Navigation District, Miami-Dade County and the City of Miami, whom provided the $89 million to restore the River’s 15 foot deep federal navigable channel to significantly improve the economy and environment. Ms. Sallye Jude, MRC, noted the completion of the dredging project is a remarkable achievement, considering the many years spent trying to get the project off the ground. Chair Buermann also gave tremendous credit to MRC staff-especially “quarterback” Mr. Brett Bibeau- as well as MRC board members and designees for playing a role in the project and supporting a tremendous team effort. Mr. Robert Ruano, MRC, noted it was important to also express gratitude towards Miami-Dade County, specifically Chairman Bruno Barreiro, Mayor Alvarez and his MRC designee Robert Villar, and DERM Director Carlos Espinosa whom did a fabulous job serving as the project’s formal local project sponsors.  Chair Buermann stated he agreed but was trying to keep his expression of gratitude generic, as so many wonderful individuals had been involved in the project, such as: Merrill-Stevens, Dr. Fran Bohnsack of the Miami River Marine Group, former MRC Chairs Bob Parks, Irela Bague, etc, and didn’t wish to overlook anyone.  Chair Buermann expressed his appreciation of the Honorable Congresswoman Ileana Ros-Lehtinen for her tremendous efforts as a leader of the dredging project, whom he noted was represented today by her designee Debbie Zimmerman.

Chair Buermann noted the DSC’s next meeting will be held on January 21, 10 AM, at the SFWMD regional service center, 2121 SW 3 Ave.

On behalf of the MRC, Mr. Bibeau presented Chair Buermann with a vase noting his outstanding efforts to finish the project, as a token of appreciation.  Mr. Bibeau noted Chairman Buermann’s support was critical towards obtaining the final $13 million needed to finish the project from the SFWMD and State of Florida. Chair Buermann thanked the MRC for the honor, and noted he was proud of the project’s team effort.

B. Urban Infill Working Group (UIWG) – UIWG Chair Jim Murley stated the Urban Infill Working Group’s October and November minutes have been distributed for review.  The UIWG’s next public meeting will be held at Robert King High, December 16, 10 AM, where the revised final draft Miami 21 will be reviewed for the first time, and subsequently by the MRC on January 5, 2009. Chair Murley recognized and thanked the city for its efforts in positively addressing the majority of the MRC’s recommendations and questions. UIWG Chair Murley and MRC Chair Buermann encouraged the City of Miami to attend and participate in the Miami 21 agenda items before the UIWG on Dec 16 and the MRC Jan 5, 2009. 

C. Greenways Subcommittee (GSC) – Mr. Bibeau noted GSC Chair Dr. Martin had called in sick this morning, therefore MRC Chair Buermann asked Mr. Bibeau to provide the GSC report.  Managing Director Bibeau stated the Greenways subcommittee’s October and November minutes have been distributed for review.  The Miami River Greenway remains under construction.  Last month the City of Miami Manager’s Office invited MRC staff and GSC Chair Ernie Martin to their quarterly Miami River Greenways meeting with senior City administration, where we discussed means to improve maintenance, and addressed additional private developments which continue to construct new riverwalk sections inconsistent with what was presented to the MRC’s advisory board and subsequently adopted by the City Commission. 

MRC hosted the Florida Riverwalk Trust’s third annual 2 day meeting in November.  Last year’s Florida Riverwalk Exchange meeting was held on the FT Lauderdale riverwalk, and this year it was held on the Miami River Greenway on November 6 & 7 with representatives from riverwalks statewide.  Mr. Bibeau thanked the events generous sponsors Garcia’s, Casablanca, Finnegan’s, Riders.Com and CMI.

Mr. Bibeau reported as the MRC may recall earlier this year the FL Legislature authorized up to $2.2 million for the Miami Circle to replace the collapsed seawall estimated at $1.8 million, engineer and construct a publicly accessible riverwalk estimated at $400,000.  Mr. Bibeau thanked MRC Chairman Buermann for writing Sec. of ST Browning and Sec. South to recommend the ST retract their RFP for yet another Miami Circle master planning process, and instead use the remaining $400,000 to create engineering documents and then construct the sites riverwalk to finally provide access to the public whom purchased the site in 1999 for $27 million.

The Greenways subcommittee’s next publicly noticed meeting will be held December 10, 2 PM, Robert King High New Board Room, 1407 NW 7 ST.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude stated the Stormwater Subcommittee’s distributed October and November minutes reflect continued progress towards implementing the Miami River Basin Water Quality Improvement Plan.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project by early 2009, therefore we are continuing to support the City of Miami’s efforts to secure the estimated $17 million for the dredging from various potential cost share partners.  The next regularly scheduled first Wednesday of the month meeting will be held December 3, 10 AM, in the Miami River Inn, 118 South River Drive. 

Ms. Jude suggested instituting an educational program to address illegal dumping along the Miami River, which seems to be an ongoing problem. Chair Buermann stated the SSC should consider working together to implement such a program/campaign.  Mr. Ruano reported the City continues to address this ongoing problem as best they can by imposing fines, etc. Mr. Ruano noted he believed the MRC’s volunteer clean-up events (i.e. the recent refurbishing/site improvements of the 1st Street Bridge) are a great way to stop illegal dumping. Mr. Ruano suggested merging the Dredging and Stormwater Subcommittees, which address similar issues, as a means of effectively engaging public participation. Chair Buermann noted he would look into that possibility. Mr. Gary Winston, MRC, noted Metro-Dade Police has an Environmental Crimes Unit, which addresses illegal dumping, and offered to forward their information to the City of Miami. Mr. Winston suggested inviting the Environmental Crimes Unit to Riverday as a means of educating the public. Chair Buermann suggested that the county and city strive to make it easier and more user friendly more the public to legally dump trash. Mr. Ruano noted the city has a mini dump site off of NW 20th Street.  Mr. Ruano noted the City of Miami’s Department of Solid Waste recently re-launched its “Keep Miami Beautiful” program as a means of educating the public. Ms. Jude noted it is also necessary to address illegal dumping in local schools.

E. Economic Development and Commerce Working Group (EDC) – In the absence of the EDC Chair, MRC Chairman Buermann asked Mr. Bibeau to present the EDC report.  Mr. Bibeau reported the EDC continues to work towards implementing elements of the MRC’s adopted award winning Miami River Multi Modal Plan’s recommendations, including a Short Sea Shipping operation to connect the Port of Miami, Port of Miami River, MIA and CSX rail, for which Congresswoman Ros-Lehtinen had publicly expressed support for federal funding during the dredging completion ceremony.
 
IV.  New Business - No new Business was brought forward.