I. MRC Chair Report – Chair Eric Buermann welcomed everyone back from the holidays. Chair Buermann noted the Miami River Commission’s 2008 Annual Report has been distributed, adding that 2008 marks the MRC’s 10th Anniversary and also the year the Miami River maintenance dredging and environmental clean up project was successfully completed.  On behalf of the MRC, Chair Buermann thanked all of the MRC’s dedicated volunteer board members and full time staff of two for their continued successful efforts to improve the Miami River.

Chair Buermann asked to entertain a motion to approve the MRC’s October 6 and December 1, 2008 meeting minutes. Ms. Sallye Jude moved a resolution for the MRC to adopt the October 6 and December 1, 2008 meeting minutes; the resolution was seconded by Vice Chair Phil Everingham and was unanimously adopted by the MRC.

Chair Buermann noted advertising opportunities in the 6th annual Miami River Map and Guide and sponsorships for the 13th annual Miami Riverday remain available and the deadline is February 16. Chair Buermann added advertising and sponsorship information have been distributed.

On behalf of the MRC, Chair Buermann thanked the City of Miami for including a section of the Miami River Greenway in their 3rd “Bike Miami” event. Chair Buermann noted the event will be held on Sunday, January 18, from approximately 9 am-3 pm, and added that North River Drive from SW 1 ST Bridge to NW 4 ST will be closed to vehicles, so that bikes and pedestrians may have exclusive use of the street and adjacent Miami River Greenway, including the riverfront Lummus Park.  Chairman Buermann noted it is great to see the riverwalk being activated by frequent special events.

II. Presentation of Final Draft Miami 21 – Chair Buermann welcomed UIWG Chair Jim Murley, whom provided a brief overview of the MRC’s continued involvement in the draft Miami 21 public planning process.  UIWG Chair Murley introduced Mr. Alexander Adams, City of Miami Planning Department, noting had attended the UIWG December 16, 2008 public meeting to present a revised version of sections of the draft Miami 21 impacting the Miami River. UIWG Chair Murley cited page 4 of the distributed UIWG December meeting minutes, which include his non-binding recommendation to find the revised draft Miami 21 consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to the following remaining conditions consistent with what was previously approved by the MRC on May 5, 2008:

1) Inserting caveat in “Appendix B: Waterfront Design Guidelines, Policy 6: “Access from the water to the land should be incorporated/provided in waterfront designs-where permissible and practical-subject to obtaining required permits from applicable agencies.”
2) Inserting “minimum” in front of “15 foot wide” in Appendix B: Waterfront Guidelines, B.3 Circulation Zone to make the text consistent with the proposed fifteen-sixteen foot wide circulation zone depicted in the related rendition and first line of descriptive text
3) Maintain current MRC recommendation to measure waterfront building setbacks from the shoreline, rather than the property boundary, which varies in distance from the actual shoreline
4) Inserting “federal law” in Section 2.2.2 after “vary with the applicable requirements of any”
5) “Maintain current MRC recommended language for the definition of Marine Related Industrial Establishment by inserting, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and also insert “cargo, boat building and boat manufacturing”

UIWG Chair Murley thanked the City for extending an opportunity to the MRC to provide input and comments, and deferred the presentation of the final draft Miami 21 to Mr. Adams.

Mr. Adams distributed an updated, version of the Public Hearing – First Reading 2009-Appendix B: Waterfront Design Guidelines Miami 21 document, or what he referred to as a “staff working draft.” Mr. Adams noted the following highlighted new text was generated in response to recommendations/input formulated by UIWG Chair Murley during the December 16 meeting:

• B.1: General Principles #6: “Boat access from the water to the land is encouraged” (this revised language addresses UIWG Chair recommendation 1, formulated on December 16)
• B.3: Circulation Zone #1: “The waterfront circulation zone shall consist of a linear pedestrian walkway or promenade and shall be a minimum fifteen (15) feet wide” (this revised language is consistent with UIWG Chair recommendation 2, formulated on December 16)

Mr. Adams stated the City of Miami Planning Advisory Board will vote on Miami 21-related items, such as mapping and land-use amendments, on Wednesday, January 7, 3 pm, Miami City Hall, which he noted had been continued from the PAB’s December 17 meeting - yet would not vote on any zoning code text changes.  Mr. Adams added that following the PAB meeting, a meeting would be scheduled for Miami City Commissioners to vote on the final draft Miami 21.

Mr. Adams explained the PAB will be voting on the draft Miami 21 version currently featured on the city’s website, which he noted does not include the “staff working draft” of revisions/changes distributed during today’s MRC meeting. Mr. Adams noted any new revisions/changes to the Miami 21 code would be presented at the Miami City Commission meeting.  Mr. Adams stated he had attended today’s meeting, on behalf of the City, in good faith to demonstrate that the UIWG Chair Murley’s recommended revisions are being made and would be presented to the Miami City Commission.

Mr. Brett Bibeau, MRC Managing Director, cited page 4 of the UIWG December 16 meeting minutes in which UIWG Chair Murley recommended inserting “federal law” in Section 2.2.2 after “vary with the applicable requirements of any.” Mr. Bibeau noted the MRC was joined today by ex-officio MRC board member United States Coast Guard Captain James Fitton and USCG Lieutenant Paul Steiner, whom he noted were well versed in the federal homeland security laws. Mr. Adams stated the UIWG had originally proposed during the December 16 meeting inserting the Federal Maritime Security Act (MTSA) in Section 2.2.2 as the highest governing standard, yet the City of Miami Legal Department staff determined the UIWG’s recommendation would be met as long as language is incorporated in Section 2.2.2 applying “federal law” as the most stringent regulation. Though the document distributed today does not include the aforementioned language, Mr. Adams assured the final draft Miami 21 would reflect this change.

Mr. Adams stated he had previously mentioned that the “Miami River Greenway Design Guidelines and Standards” is referenced in the final draft Miami 21. Mr. Adams added this document has been updated and uploaded on the city’s website.

Chair Buermann opened the meeting up for questions and comments:

UIWG Chair Murley recommended that the MRC move a resolution to find the revised draft Miami 21 consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to the five recommended conditions, and preface these recommendations with a letter to the Miami City Commission thanking city staff for acknowledging the MRC’s recommendations and their continued hard work throughout the Miami 21 public process.

Mr. Robert Ruano noted the proposed circulation zone includes a minimum 16 feet where there are no plantings in the Safety Zone. Mr. Ruano asked if this proposed language means that no plantings beds can be included in the 3-4 foot safety zone. Mr. Adams clarified that the circulation zone will be 15 feet if there are planting beds and 16 feet if there aren’t any planting beds in the safety zone only.  Mr. Adams added that 3 feet is still needed to meet ADA compliance along the edge of the river. Mr. Ruano asked if 3 feet from the river’s edge would be the closest distance in which a tree can be planted on the riverwalk, and Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, replied that the proposed riverwalk dimensions are clearly illustrated in B.6 of Appendix B: Waterfront Design Guidelines, which he noted are an excellent compilation of previous greenways studies, such as the city-adopted Miami River Greenway Action Plan and Kimley Horn’s “Miami River Greenway Design Guidelines and Standards.”

Vice Chair Everingham moved a resolution to approve the recommendations of UIWG Chair Jim Murley finding the revised draft Miami 21 consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to the following remaining conditions consistent with what was previously approved by the MRC on May 5, 2008:

1) Inserting caveat in “Appendix B: Waterfront Design Guidelines, Policy 6: “Access from the water to the land should be incorporated/provided in waterfront designs-where permissible and practical-subject to obtaining required permits from applicable agencies.”
2) Inserting “minimum” in front of “15 foot wide” in Appendix B: Waterfront Guidelines, B.3 Circulation Zone to make the text consistent with the proposed fifteen-sixteen foot wide circulation zone depicted in the related rendition and first line of descriptive text
3) Maintain current MRC recommendation to measure waterfront building setbacks from the shoreline, rather than the property boundary, which varies in distance from the actual shoreline
4) Inserting “federal law” in Section 2.2.2 after “vary with the applicable requirements of any”
5)“Maintain current MRC recommended language for the definition of Marine Related Industrial Establishment by inserting, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and also insert “cargo, boat building and boat manufacturing”

The resolution was seconded by Dr. Ernie Martin, and was unanimously adopted by the MRC by a vote of 11-0. Dr. Martin noted that though the PAB will not be reviewing any text/code changes to the final draft Miami 21 on Wednesday, it was imperative for the MRC to relay its revised advisory recommendation to the Miami City Commission. Chair Buermann stated he will write a letter transmitting the MRC’s advisory recommendation to the PAB, in case they do decide to consider the text amendments as well as the map, and the City Commission.  Dr. Martin agreed that was a good idea.  Chair Buermann thanked Mr. Adams for his presentation.

III. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Dredging subcommittee Chair Buermann stated the Miami River Maintenance Dredging and Environmental Clean-Up Project was successfully completed.  The November minutes have been distributed.  Chair Buermann stated he would once again like to thank the 6 project sponsors: Congress, the State of Florida, the South Florida Water Management District, the 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. Chair Buermann noted the Dredging subcommittee is now focusing on supporting the local project sponsors requests for the non guaranteed refund of the $21 million Fed. funding shortfall, in which the State covered an extra $15 million, 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 the next meeting is January 21, 10 AM, at the SFWMD regional service center, 2121 SW 3 Ave.

B. Urban Infill Working Group (UIWG) – UIWG Chair Jim Murley deferred to Mr. Bibeau whom noted that the next UIWG meeting will be held on Friday, January 16, 2 pm, Robert King High New Board Room, 1407 NW 7 Street.

C. Greenways Subcommittee (GSC) – GSC Chair Ernie Martin stated the Greenways subcommittee’s December minutes have been distributed for review.  GSC Chair Martin noted the GSC continues to monitor greenway construction within the public and private sector, and address additional governance issues such as public accessibility, security, maintenance and special events.

GSC Chair Martin stated the December GSC minutes reflect that the City is seeking the MRC’s advisory recommendation on where to spend a $1 million FDOT grant awarded to the City to design and construct a section of the Miami River Greenway between I-95 and 12 Ave. As Chair of the Greenways Subcommittee, Dr. Martin stated he would like to make a motion for the MRC to recommend the City to utilize this available funding for the two sections of the Riverwalk, within the eligible area, which need funding:

•  Lummus Park Riverwalk
• South shore from intersection of South River Drive and NW 7 ST to 12 Ave

Dr. Martin noted Lummus Park currently has a ½ built boardwalk and is in the City’s Comprehensive Plan to become a “Fisherman’s Wharf” area.

Ms. Sallye Jude asked if there was any information available regarding the NW 5th Street Bridge’s integration with the riverwalk, and Mr. Bibeau replied the riverwalk seems to better incorporated within the plans being constructed along the North Shore, and the South Shore still needs further review.  Mr. Bibeau stated FDOT is being scheduled to provide an update of the NW 5th Street Bridge Replacement Project to the UIWG on January 16, and to the MRC on February 2.  In the meantime, Mr. Bibeau noted Mr. Jose Gonzalez, City of Miami Assistant Transportation Coordinator, is scheduling a meeting with FDOT to resolve any riverwalk issues prior to these public meetings.

Mr. Ruano asked if Miami-Dade County’s GSA Property (a shoreline property on South River Drive, east of the NW 12th Avenue Bridge) is incorporated in Merrill-Stevens’ proposed expansion project plans, and Mr. Mark Bailey, Merrill-Stevens, replied yes and per the original plans presented to the MRC that area is planned to have an on-road greenway (proceeding around the GSA and adjacent Fire Department properties) before connecting to NW 7th Street.  Commissioner Barreiro noted on the west side of 12 Ave Bridge the Merrill Stevens plans include sections of publicly accessible riverwalks which in places have windows to view in the sheds and watch the vessels being repaired.

Mr. Ruano noted there are gaps located beneath several bridges that should be addressed, such as the Brickell Avenue Bridge.  Mr. Bibeau explained that a riverwalk exists beneath the Brickell Bridge’s north shore, yet two fences located on opposite ends of this section need to be removed at Epic and the Hyatt in order to allow public accessibility.  Mr. Ruano recommended the MRC reconfirm the areas which need riverwalk funding.  Greenways subcommittee Chairman Martin stated the two areas recommended in his motion are the only two sections, within the eligible area of I-95 to SW 12 Ave, which don’t currently have other funding opportunities.

Mr. Ruano amended GSC Chair Martin’s motion by adding any additional areas within the subject area that need Greenway funding.  Dr. Martin accepted the amendment / addition to his motion.  The amended motion was seconded by Mr. Steve Wright, and was unanimously adopted by the MRC.

GSC Chair Martin stated that earlier this year, the Florida Legislature authorized up to $2.2 million for the Miami Circle to replace the collapsed seawall estimated at $1.8 million, as well as engineer and construct a publicly accessible riverwalk with the remaining $400,000.  GSC Chair Martin thanked MRC Chairman Buermann for writing the Secretary of State Kurt Browning and Secretary South to recommend that the State retract their Request for Proposal (RFP) for yet another Miami Circle master planning process and instead use the remaining $400,000 to create engineering documents and then construct the site’s riverwalk to finally provide access to the public whom purchased the site in 1999 for $27 million.  GSC Chair Martin noted regrettably, Secretary Browning recently replied to Chairman Buermann, refusing to change its current process.  GSC Chair Martin reported the Dept. of State’s best case scenario estimated timeline to complete a publicly accessible riverwalk on the site is now 2012.  Mr. Ruano asked MRC staff to provide him with a copy of both letters, noting the City supports completion of the seawall repair and constructing a riverwalk at the Miami Circle.

The Greenways subcommittee’s next publicly noticed meeting will be held January 14, 2 PM, Robert King High New Board Room, 1407 NW 7 Street.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude stated the Stormwater Subcommittee’s distributed 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 early 2009, therefore MRC continuing support for the City of Miami’s efforts to secure the estimated $17 million from various potential cost share partners in order to dredge this contaminated Miami River tributary after the permits are issued. 

SSC Chair Jude stated the MRC is appreciative of Miami-Dade County’s renewed $100,000 appropriation in its Fiscal Year 2009 budget for the Scavenger decontamination vessel services on the Miami River and its tributaries.  Ms. Jude noted Water Management Technologies had provided staff with a draft $100,000 expense contract, yet staff is awaiting receipt of a draft $100,000 income contract from Miami-Dade County, which would provide the $100,000 needed to expend on the Scavenger services.  Commissioner Bruno Barreiro stated he would check on the status of the contract. Commissioner Barreiro announced that his designee on the Miami River Commission, Ms. Lubby Navarro, had recently accepted a position at the Miami-Dade County Planning Department, and noted he would appoint a new designee in the near future.

SSC Chair Jude thanked the Miami-Dade Water and Sewer Department for replacing sanitary manholes along River Drive in order to reduce odors.

SSC Chair Jude stated the 13th Annual Miami Riverday festival will be held April 4 in Jose Marti Park, and include green themes and active environmental education from various groups.

The next regularly scheduled first Wednesday of the month public SSC meeting will be held January 7, 10 AM, at the Miami River Inn, 118 South River Drive. 

E. Economic Development and Commerce Working Group (EDC) – EDC Chair Commissioner Barreiro reported the EDC did not meet in December.
 
IV.  New Business - No new Business was brought forward.

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 January 5, 2009 meeting minutes to the March 2, 2009 MRC meeting.

Chair Buermann brought to everyone’s attention the rotating powerpoint presentation with pictures from the Saturday, January 17 volunteer beautification event along the riverwalk at Robert King High and thanked the Honorable Representative Luis Garcia for securing the volunteers from FIU, Service for Peace, AARP and Miami-Dade County.  In addition, Chair Buermann noted the powerpoint includes pictures from the Sunday, January 19 Bike Miami Day event along the North River Drive Miami River Greenway and along the riverfront Lummus Park. Chair Buermann thanked the Honorable Mayor Manny Diaz, the Honorable Miami City Commission and MRC board member Robert Ruano for hosting the event, which included free yoga, children activities and much more. Chair Buermann added Bike Miami Days returns to this area of the Miami River on February 21, from 9 am to 3 pm.

Chair Buermann welcomed Downtown Development Authority Director Alyce Robertson’s new designee, Javier Betancourt.

Chair Buermann stated the Executive Committee had met just before today’s MRC meeting and endorsed the Miami River Fund Inc.’s authorization of up to $15,000 for volunteer projects along the Miami River, up to $5,000 for 13th Annual free Miami Riverday, and up to $500 for the Greater Miami Chamber of Commerce’s Unified Vision for Downtown Breakfast.

II. Status of 13th Annual Miami Riverday Festival-Ms. Ashley Chase, MRC Assistant Managing Director, stated she had provided MRC board members and designees with the 13th Annual Miami Riverday estimated high-level (A) budget and low-level (B) budget. Ms. Chase explained the proposed Budget A includes estimated expenses for items purchased for last year’s Riverday festival, such as advertising, T-shirts and posters, while Budget B has reduced advertising 50% and eliminated the commemorative T-shirts and posters. Ms. Chase noted both budgets include the following items under Income: 1) authorized $5,000 Miami River Fund, Inc. sponsorship; 2) Miami-Dade County Department of Cultural Affairs Tourist Development Council 2008 grant award $8,000; 3) anticipated receipt of $7,200 from Miami-Dade County Department of Cultural Affairs Tourist Development Council grant (Miami-Dade County staff indicated the panel would most probable endorse staff’s recommendation for approval with a mandatory 10% reduction from last year’s amount); 4) anticipated receipt of $6,226 from Miami-Dade County Department of Cultural Affairs Community Grant (Miami-Dade County staff indicated the panel would most probable endorse staff’s recommendation for approval with a 10% reduction from last year’s amount); 5) $8,069.29 Start-up Cash from Riverday 2008. Ms. Chase explained that though the MRFI had authorized up to $5,000 to support last year’s Riverday, the funding was never utilized since enough sponsorships were obtained.

Ms. Chase noted Budget A currently has a $1,997 deficit, while Budget B has a remaining balance of over $5,000 available for next year’s Riverday. Ms. Chase asked the board for guidance on which budget to implement, and noted that MRC staff would ideally like to have between $8,000-$10,000 available/leftover in start-up cash in order to produce next year’s Riverday. Ms. Chase explained that, due to the current economic climate, it has proved to be quite difficult to re-secure and obtain additional riverday sponsorships, but would persist reaching out to potential sponsors until the final deadline day of February 16.

Ms. Jude stated she believed staff should not go “overboard” with Riverday expenses, and therefore endorsed implementing the conservative Budget B. Mr. Villar stated he disagreed with this notion, as advertising is a crucial component for the festival’s success, and felt the river should be properly showcased similar to last year’s event, adding in a recession spending available funding helps to stimulate the economy.  Mr. Javier Betancourt agreed and asked how Riverday is advertised. Ms. Chase replied Riverday is advertised via print, online and radio media, as well as through email blast and mail-outs. Commissioner Barreiro suggested that Ms. Chase also post the event on facebook, and Ms. Chase agreed. Ms. Chase stated she has been trying to schedule a meeting with the City’s District Commissioner Joe Sanchez to discuss Riverday, but has yet to hear back form his office. Ms. Chase noted Commissioner Sanchez was instrumental in the city’s effort to secure $5,000 for Riverday last year. The MRC directed MRC staff to attempt budgeting Riverday to leave sufficient start up funds for next year, while providing sufficient expenses for a successful event this year.  MRC directed Ms. Chase to continue seeking sponsorships through the February 16, 2009 deadline and report her efforts back to the MRC on March 2.

III. Status of 6th Annual Miami River Map & Guide-Ms. Chase provided and reviewed the current budget of the 6th Annual Miami River Map & Guide, which has a profit of $540. Ms. Chase stated last year’s map had a profit of over $14,000. Though Ms. Chase noted she had expressed a difficultly in renewing and obtaining new ads for this year, the MRFI had agreed to produce the map in order to support a pro-rover agenda, regardless of ads generated or revenue collected. Ms. Chase stated the deadline to place on ad in the annual map and guide is February 16, and added she would continue to reach out to potential advertisers.

IV. Discussion of Partnering to Create Potential New Riverfront Green Spaces Community Gardens on Private and/or Publicly-owned Property-Chair Buermann deferred to Mr. Bibeau as UIWG Chair Jim Murley was unable to attend today’s meeting. Mr. Bibeau noted Ms. Sallye Jude had brought this item to the attention of MRC staff, whom had brought it to the appropriate subcommittee for discussion, as per standard operating procedure. Mr. Bibeau stated discussion of this item is reflected on page 2 of the distributed January 16 UIWG meeting minutes. Mr. Bibeau stated the concept of creating a potential new riverfront green space/community garden is essentially building off of a legal structure / agreement precedent known as the Tibor Hollo public park/space at 1201 Brickell Bay Drive. Mr. Bibeau distributed a resolution-which he noted is yet to be voted on by Miami City Commissioners-authorizing a license agreement in which the owner (Mr. Hollo) would lease the property to the City for a minimum 4 years at only $1 per year, in exchange for a time extension of the owner’s approved Major Use Special Permit (MUSP) for the currently vacant and unimproved site.  Mr. Bibeau added that under this agreement, the City would accept liability and maintenance of these two acres of waterfront land as a passive, public park for four years, and the developer provides up to $50,000 towards the site improvements such as grass and pathways.

Mr. Bibeau directed everyone’s attention to the rotating PowerPoint presentation illustrating some of the potential large Miami River sites to consider, negotiate and establish a passive park and/or community garden in order to benefit the public.  Mr. Bibeau noted some of the riverfront vacant and unimproved sites have approved MUSP’s nearing extension, which per the precedent may receive a time extension in return for use of the site as a public park and or community garden for a minimum 4 years.  Mr. Bibeau added other potential riverfront sites do not have approved MUSP’s, yet perhaps they maybe assessed over the 4 year period as the proposed actual use of either Parks or Agriculture, resulting in significant decreases to the sites taxes.

Mr. Bibeau stated UIWG Chair Murley had wished to bring this item before the MRC for further discussion and request support for the continued advocacy and coordination with other agencies to potentially fulfill this concept along the Miami River. Mr. Bibeau noted the Executive Board has authorized up to $15,000 to help fund volunteer projects along the Miami River, of which these currently privately owned vacant and unimproved sites may become available. Mr. Bibeau welcomed and introduced Dr. Marvin Dunn, “Roots in the City,” whom provided an overview of the Community Gardens located in Overtown, which provide food and work opportunities for people living in the area. Dr. Dunn expressed his support for establishing a community garden along the river and offered his assistance in this future effort. The MRC agreed that partnering with local organizations to establish community gardens and/ or passive public spaces along the Miami River will allow the MRC to increase its visibility in the community and help create a sense of purpose. The MRC directed staff to continue exploring this beneficial opportunity.

V. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Dredging subcommittee Chair Buermann stated the January 2009 meeting minutes have been distributed.  Chair Buermann stated the Dredging subcommittee is focusing on supporting the local project sponsors’ requests for the non-guaranteed refund of the $21 million Fed funding shortfall, in which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.  Chair Buermann stated he has recommend that the potential incoming refunds (up to $21 million) be split and pro-rated between the three agencies based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3%. Chair Buermann noted Mr. David Roach, FIND Executive Director, participated in the Dredging subcommittee’s January meeting and expressed his support of the aforementioned proposed reimbursement plan, and noted he appreciated all the partners’ support in trying to recapture the additional contributed funds.

Chair Buermann noted potential future federal appropriations which may be used towards the non-guaranteed $21 million refund include the President’s FY 2009 budget request, and the marked up Senate and House Energy and Water Bills, include $10.278 million for the project. Chair Buermann stated Miami-Dade County’s adopted Federal Fiscal Year 2010 Legislative Package includes an $11 million request for the Miami River Dredging project, and noted he suggested that the word “reimbursement” also be requested in the Congressional appropriation language.

Chair Buermann thanked the Honorable Mayor Diaz for submitting the following line item requests from the potential federal economic stimulus package:

1. “Wagner Creek Seybold Canal Environmental Cleanup and Dredging - $16,875,000
2. Citywide Canal Maintenance Dredging -$30 million
3. Fern Isle Waterway Cleaning - $2 million”

Mr. Robert Villar asked if Mr. Bibeau would be participating in the February Washington DC “Fly-In” to advocate for these items, and Chair Buermann supported the idea. Mr. Bibeau mentioned that the adopted MRC Fiscal Year 2009 operational budget includes funding (travel line item) for up to two trips to Washington DC, and the MRC encouraged his attendance.

Chair Buermann stated he has asked all environmental regulatory agencies participating in the Dredging subcommittee to provide the legally responsible and/or ownership of all tributaries and or canals along the Miami River.

The next DSC meeting is February 18, 10 AM, at the SFWMD regional service center, 2121 SW 3 Ave. Chair Buermann noted the Executive Board had concurred with his desire to schedule future DSC meetings every other month.

B. Urban Infill Working Group (UIWG) – As Urban Infill Working Group Chair Jim Murley was unable to attend today’s meeting, Chairman Buermann asked Mr. Bibeau to provide the report on his behalf.  The Urban Infill Working Group’s January minutes have been distributed for your review.  The UIWG’s next public meeting will be held at 1407 NW 7 ST on February 11, 10 am, and includes an FDOT update regarding ongoing replacement of the NW 5 ST Bridge, proposed amendments to waterfront building setbacks, proposed amendments to special yards, and proposed amendments to City Comp Plan regarding Miami 21.

I thank the Honorable Mayor Diaz for submitting a $2 million appropriation request from the potential federal economic stimulus package for Intelligent Transportation Systems (ITS) devices on Bridges over the Miami River, which is a recommendation from the MRC’s award winning Miami River Multi-Modal Transportation Plan.

C. Greenways Subcommittee (GSC) – As Greenways Subcommittee Chair Dr. Ernie Martin was unable to attend today’s meeting, Chairman Buermann Directed Mr. Bibeau to provide the report on his behalf: “The Greenways subcommittee’s January minutes have been distributed for your review.  The Miami River Greenway remains under construction. 

Upcoming Miami River Greenway beautification projects are scheduled on April 24, April 25, May 16, and October 24 with volunteers from UM, FIU, Babson College and City Year.

I would like to thank the DDA and FIND for recently writing Sec. of ST Browning to recommend the State immediately use their remaining available $400,000 to create engineering documents and then construct the riverwalk on the Miami Circle site.  Hopefully the recent extensive front page Herald article by Andres Viglucci regarding the Miami Circle will also help encourage the Dept of State to finally construct the long awaited and widely supported publicly accessible riverwalk at the Miami Circle site.

I thank the Honorable Mayor Diaz for submitting $34 million in requests for the Miami River Greenway from the potential federal economic stimulus package. 

In addition, I thank the City of Miami for agreeing after a site visit to remove three fences blocking connectivity between the new greenway along North River Drive and the older riverwalk section beneath I -95 on the north shore.

  The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of the month publicly noticed meeting will be held February 11 , 2 PM, 1407 NW 7 ST.

D. Stormwater Subcommittee (SSC) –Stormwater Subcommittee Chair Sallye Jude stated the Stormwater Subcommittee’s distributed January 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 early this year, therefore we are continuing to support for the City of Miami’s efforts to secure the estimated $15 - $19 million from various potential cost share partners in order to dredge this contaminated Miami River tributary after the permits are issued.  MRC Chairman Buermann stated he supports recapturing the $1 million previously appropriated by the SFWMD for this project, and then re-programmed.  SSC Chair Jude thanked the Honorable Mayor Diaz for submitting a $16.75 million request for the project from the potential federal economic stimulus package. 

SSC Chair Jude noted the next regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting will be held February 4, 10 AM, in the Miami River Inn, 118 South River Drive, and the agenda includes an environmental educational power point presentation from the City of Miami Public Works Department and hopefully a draft contract for the Scavenger Decontamination vessel services appropriation, which was approved by the Board of County Commissioners in September 2008.  If the draft County contract is provided prior to the Stomwater subcommittee’s meeting this Wednesday, than both the income and expenditure contracts for the $100,000 Scavenger decontamination vessel services will be presented during the MRC’s March 2 public meeting.

SSC Chair Jude reported no new pollutant source testing / tracking is being currently being conducted.  

SSC Chair Jude asked for an update of the NW 5th Street Bridge Replacement Project, and Ms. Chase stated FDOT, DERM, SFWMD, ACOE, etc have been invited to the UIWG’s February 11, 10 AM public meeting, followed by the MRC next public meeting March 2, noon, both at 1407 NW 7 ST, to provide an update on this item and address any questions.  Mr. Bibeau introduced Mr. Lee Hefty, DERM, whom stated DERM issued a cease and desist order on the FDOT contractor’s methods to remove, transport and dispose of sediment from the Seybold Canal which raises concerns regarding disposition of the sediments, and suggested that the MRC contact DERM’s pollution and remediation section to obtain additional information.

V.  New Business - No new Business was brought forward.

The meeting adjourned.

I. MRC Chair Report -  MRC Chairman Eric Buermann welcomed Governor Crist’s new MRC appointments. US Coast Guard Admiral Jay Carmichael now with Gunster Yoakley, is the Governor’s Member at Large seat and Horacio Stuart Aguirre is the Governor’s Civic Organization seat.  Mr. Carmichael, Mr. Aguirre, Chairman Buermann and Director Bibeau explained the appointments have been made, and as required by the Governor’s Office of Appointments they already received original signed forms for Mr. Aguirre, making him eligible to vote, and the signed forms for Mr. Carmichael are in the mail and the originals are yet to be received by the Office of Appointments, therefore he would not be voting in this meeting.  The MRC concurred to only count Mr. Carmichael in order to make the quorum of 10 appointed members, yet Mr. Carmichael would not vote in today’s meeting.

Mr. Javier Betancourt made a motion to approve the MRC’s January 5, 2009 and February 2, 2009 meeting minutes.  The motion was seconded by Ms. Sallye Jude and unanimously (9-0) adopted by the MRC.

MRC staff distributed a black and white version of the 13th Annual Miami Riverday bilingual flyer which 5,000 copies will be printed in full color, front and back, on environmentally certified paper.  Ms. Jude stated she would like to recommend revisions to the draft to further highlight the “Green” components of the Miami Riverday festival.  Director Bibeau stated the printer hasn’t run the flyers yet, therefore offered to work with Ms. Jude to forward her specific revisions to the Graphic Designer, Toni Kirkland, as soon as possible in order for the revised flyer to be printed with sufficient time to distribute the 5,000 copies before the April 4, 2009 event.

Chairman Buermann stated the 6th Annual Miami River Map and Guide is under final design followed by printing, and has an estimated current net profit of over $3,000.
   
II. NW 5 Street Bascule Bridge Construction Project Presentation and Current Status – Mr. Hector Rodriguez, FDOT Project Manager for the NW 5 ST Bridge Construction Project, introduced Mr. Art Perez, Pinnacle.  Mr. Perez presented a power point regarding ongoing construction of the NW 5 ST Bridge over the Miami River.  Mr. Perez noted the previous 5 ST Bridge was 70 feet between the fenders, and the new Bridge will be 150’ between piers.

Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group (UIWG), referenced the revised February 11, 2009 meeting minutes regarding this item.  UIWG Chair Murley thanked FDOT for their tremendous commitment to replace Bridges over the Miami River, such as 2 Ave, 12 Ave, 5 ST and plans to replace the 1 ST Bridge next.  UIWG Chair Murley indicated the environmental permitting agencies will ensure full compliance and good communication with neighbors on this most difficult of all Miami River Bridge replacement sites at the confluence of the Miami River and Seybold Canal at an odd intersection between 7 Ave, 5 ST and River Drive.  UIWG Chair Murley recommended the MRC doesn’t need to vote on this item.  UIWG Chair Murley stated similar with private sector plans, the MRC’s Greenways and Urban Infill subcommittee’s along with MRC staff, FDOT, City of Miami, etc. are comparing the planned publicly accessible riverwalk dimensions as presented to the MRC by FDOT in July 2006, with the current construction, and that will be discussed more in the next agenda item.

Mr. Charlie Hand, Seybold Canal homeowner, stated he has expressed his concerns with the project at the MRC’s public January Stormwater and Urban Infill meetings.  Mr. Hand stated Seybold Canal residents and fishermen, present at the MRC meeting, have witnessed this project resulting in significantly shallower depths in the Seybold Canal and the Miami River.  Mr. Hand indicated FDOT admitted sediment in the stromwater system was pushed into the Seybold Canal and then sucked out by vacuum trucks, although there maybe more sediment now in the waterways that wasn’t removed by the vacuum trucks.  Mr. Hand stated he is a regular attendee of the MRC Storm Water subcommittee’s public meetings and supports the long standing efforts by the City of Miami to dredge the highly contaminated sediments out of the Seybold Canal.  Mr. Hand suggested when the project is finished FDOT conduct bathometric engineer survey’s of Seybold Canal and the Miami River to compare with the provided July 2008 Seybold Canal Survey and September ACOE post Miami River Dredge survey, to prove the depth of the Seybold Canal and Miami River has not been reduced, and if it is indeed shallower as reported by the present residents and businesses, then consistent with the project’s issued Class 5 DERM permit, FDOT will be responsible to remove the sediment from the Seybold Canal and Miami River in order to restore the project area to the surveyed conditions before the project commenced.  Mr. Rodriguez agreed that just before completion of the project FDOT will conduct soundings by a surveyor on Miami River and Seybold Canal, and requested benchmarks for Seybold Canal.

Mr. Hand stated the City Noise ordinance prohibits pile driving before 8 AM, and stated the project produces loud noise sometimes all night, as attested to by Seybold Canal resident Joe Winstead, prep work staring around 5 or 6 AM, and pile driving was starting around 7 AM and is now starting at 8 AM.  Mr. Perez stated only 12 pilings are left to drive and all pile driving will start at 8 AM.  Mr. Graham, Kiewet, stated any pile driving heard by the residents before 8 AM was from a seawall replacement on the Little Havana side of the Miami River.  Mr. Hand stated the noise negatively impacts the resident’s quality of life, and he is aware of the bonus money the contractors are trying to earn by finishing the project ahead of schedule.

Mr. Ernie Martin, thanked his Spring Garden neighbors for regularly attending MRC public meetings.

Mr. Priegues, stated he has run his fishing boat out of the Seybold Canal and Miami River for 37 years.  Mr. Priegues stated the Seybold Canal has never been this shallow and he recently broke two propellers on his fishing boat due to the shallowed Seybold Canal depth, costing him $1,200 each.  Mr. Priegues stated he is not seeking reimbursement for his two broken propellers, yet does want this problem addressed.  Mr. Rodriguez replied the full moon has resulted in extremely shallow tides, which reduced the water depth in the Seybold Canal.  Seybold Canal resident Joe Winstead stated FDOT contracted vacuum trucks didn’t remove as much sediment from Seybold Canal as the project has introduced into the Canal, and the toxic sediment is now sitting elsewhere.

Mr. Lee Hefty, DERM Assistant Director, stated DERM’s issued dewatering permit requires if sediment goes into the Miami River or Seybold Canal, then FDOT is required to remediate and DERM would have appreciated being notified prior to FDOT’s removal, transfer and disposal of sediments, in order to test the sediments and establish proper means to dispose of the materials first.  Mr. Hefty stated the previously removed sediment was recently tested and awaiting results.  Mr. Hand stated without the adjacent residents and businesses whistle blowing and digital pictures of significant turbidity from this project in the Seybold Canal and Miami River, the environmental regulatory agencies would have been unaware of these problems.  Mr. Hefty stated witness reports are helpful and encouraged by DERM, which is responsible to cover a large County.  Mr. Hand asked if the vacuum trucks removing sediment from Seybold Canal was covered under the DERM permit, and Mr. Hefty replied no, but since the report was made FDOT and DERM are now cooperating.                  

III. Presentation of Separate Future Funded Contract to Develop A Portion of the Miami River Greenway Beneath and Adjacent to the NW 5 ST Bridge – MRC UIWG Chair Murley and Greenways Chair Martin stated Congress appropriated $2.6 million for the Miami River Greenway beneath and adjacent to the NW 5 St Bridge.  Mr. Rodriguez stated in the current 5 ST Bridge Construction project, funded by the State separately from the aforementioned $2.6 million federal appropriation, includes a riverwalk on the Downtown side only, proceeding NW on North River Drive, beneath the NW 5 St bridge behind the bascule piers, and then proceeding north on NW 7 Ave to the humpback bridge over the Seybold Canal.  Mr. Bibeau stated FDOT had indicated at the Greenways February 11, 2009 meeting that they intended to transfer the aforementioned $2.6 million in congressional appropriations for the Riverwalk beneath and adjacent to the NW 5 St Bridge to the City of Miami.  Mr. Jose Gonzalez and Mr. Hector Badia, City of Miami, indicated there are outstanding issues and right of way constraints to provide the Miami River Greenway on the Little Havana side of the NW 5 ST Bridge, which they will be meeting with FDOT in the near future to resolve.  Mr. Gonzalez stated the City wants to pursue the fastest way to create the Miami River Greenway beneath and adjacent to the Little Havana side of the 5 ST Bridge and South River Drive, yet the lead agency, either the City or FDOT, will be determined at the upcoming meeting on this issue between the City and FDOT.    

IV. Scavenger Decontamination Vessel Services

1. Review of Draft $100,000 Expense Contract for Scavenger 2000 Water Decontamination Vessel Services
2. Review of Draft $100,000 Income Contract for Miami-Dade County’s “Miami River” / Scavenger 2000 Water Decontamination Vessel Appropriation

Director Bibeau stated the draft contracts were emailed in advance of the meeting, copies are available at the meeting, and required for the County’s FY ’09 appropriation for this purpose, ending September 30, 2009.  Director Bibeau stated for the benefit of the newer members, this in some regards in a renewal of the Scavenger 2000 Water Decontamination Vessel Services first contract in 2001, followed by 5 consecutive years of City of Miami contracts at $200,000 per year for its services in Biscayne Bay, and an FY ’06 Miami-Dade County appropriation for its services on the Miami River.  Director Bibeau noted he has available letters of support for the Scavenger 2000 Water Decontamination Vessel, which removes floatable debris while treating water through a decontamination system and oxygenating the water, from the Florida Department of Environmental Protection, U.S. Coast Guard, and the City of Miami, which certified the vessel as “sole source”.  Director Bibeau stated the service providers, Water Management Technologies owners, Marc and Sophie Mastriano are present and available to answer any questions.

Sallye Jude made a motion to execute the income and expenditure contracts for the Scavenger 2000 Water Decontamination Vessel Services on the Miami River.  The motion was seconded by Commissioner Barreiro.  Mr. Ruano requested a copy of the contract for the $100,000 of appropriated income from Miami-Dade County for the Scavenger 2000 Water Decontamination Vessel services, which Director Bibeau provided.  Mr. Ruano noted the draft contract is between Miami-Dade County and the Miami River Fund, Inc.  Director Bibeau reminded the board that the Miami River Fund Inc is the non-profit funding entity with members MRC Vice Chairman Everingham, MRC member Sallye Jude, Mark Bailey  and himself present at the meeting, therefore the only Miami River Fund Inc member not present is Michael Moore.  Vice Chairman Everingham noted the Miami River Commission has never had another banking account, and the Miami River Fund Inc will consider this contract at their next publicly noticed meeting, scheduled before execution by Miami-Dade County.  Ms. Sallye Jude amended her motion to recommend the Miami River Fund Inc execute the $100,000 income and $100,000 expenditure contracts for the Scavenger 2000 Water Decontamination Vessel services on the Miami River.  The amended motion was seconded by Commissioner Barreiro and unanimously (9-0) adopted.    

V. MRC Subcommittee Reports

Dredging Subcommittee (DSC) – Dredging Subcommittee Chairman Eric Buermann stated the February minutes have been distributed.  The Dredging subcommittee is focusing on supporting the local project sponsors requests for the non guaranteed refund of the $21 million Federal funding shortfall, in which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3 % each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.  The Federal FY ’09 omnibus bills contains over $10 million for the project, which Chairman Buermann recommend the Army Corps return to the locals which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  Chairman Buermann noted the MRC is supporting the County’s $11 million Federal request for the project in FY ’10, which starts October 1, 2009.  In addition, Chairman Buermann recommend the Army Corps return all leftover extra local provided funding and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractors submitted change orders.  In addition, Chairman Buermann reported Mr. Bibeau met in DC regarding the House version of the recently adopted Federal Economic Stimulus bill which contained provisions regarding federal cost share reimbursements to locals for projects in this scenario, and the Dade Congressional delegation is exploring if that portion of the House version was maintained in the final adopted Federal Economic Stimulus Funding Package, and if so, if it may be used as a portion of the non-guaranteed federal refund of the extra funding provided by the locals.    

Chairman Buermann thanked the Honorable Mayor Diaz for submitting the following line item requests from the adopted federal economic stimulus package:

1. “Wagner Creek Seybold Canal Environmental Cleanup and Dredging - $16,875,000”
2. “Citywide Canal Maintenance Dredging - $30 million”
3. “Fern Isle Waterway Cleaning: $2 million”

Chairman Buermann stated he will be reaching out to FDEP in support of these requested line items, because FDEP will have a major role in deciding which environmental related projects receive funding from the Federal Economic Stimulus funding, similar to FDOT and MPO’s significant role in distributing Federal Economic Stimulus funding to specific Transportation related projects. 

Mr. Doug Mayer, homeowner in the Miami River’s Durham Park Neighborhood which is a peninsula between the Miami River and the South Fork tributary, distributed a document he wrote in support of “Dredging the South Fork of the Miami River” to achieve environmental and economic / navigational marine industrial business benefits.  Mr. Mayer stated Durham Park residents are supportive of the Marine industrial businesses on the Miami River and its tributaries, which currently operate under strict environmental regulations.  Chairman Buermann thanked Mr. Mayer for his document and comments, noting the City’s request for $30 million from the recently adopted Federal Economic Stimulus Bill for “Citywide Canal Maintenance Dredging”.  Chairman Buermann noted a separate line item request of $16,875,000 for, “Wagner Creek Seybold Canal Environmental Cleanup and Dredging” is first on the list because the City of Miami’s hired consultants are expecting to receive all permits for the fully designed project by April 2009.  Chairman Buermann noted this subject is being worked on by the MRC’s Stormwater Subcommittee.  Director Bibeau asked all environmental regulatory agencies, including the present representatives from DERM and the SFWMD to provide the legally responsible and or ownership of all tributaries and or canals along the Miami River.  Mr. Hefty DERM, and Ms/ Perez, SFWMD, asked Mr. Bibeau to email them the tributary / canal names and limits, and Mr. Bibeau agreed.   
  

Chairman Buermann stated the MRC’s Dredging subcommittee will be meeting every other month, still on the 3rd Wednesday, 10 AM, in the SFWMD regional service center, 2121 SW 3 Ave.  Therefore the next meeting is on April 15.

B. Urban Infill Working Group (UIWG) – Urban Infill Working Group (UIWG) Chairman Jim Murley stated the February minutes have been distributed.  UIWG Chairman Murley stated he is pleased to note bolded on the last page of the minutes is his suggestion that all of the MRC’s conditions have been affirmatively met in the revised draft Miami 21, therefore the MRC’s advisory recommendation on the current draft should become unconditional recommendation that the current draft Miami 21 is consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.  Chairman Buermann stated he will write a letter to the City Commission noting the MRC’s remaining conditions were met, resulting in unconditional finding that the current revised draft Miami 21 is consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.

Ms. Sallye Jude asked if the MRC’s recommendation considers her historically designated Miami River Inn, which the current draft Miami 21 proposed transect zone would make a legal non-conforming use, to which she objected.  UIWG Chair Murley stated no, based on his recommendation as UIWG Chairman the MRC had considered the draft Miami 21 only in general performance based standards, and didn’t formulate a specific opinion or conditions based on impacts to specific parcels such as hers.     

C. Greenways Subcommittee (GSC) – Greenways Subcommittee Chair Dr. Ernie Martin noted the MRC meeting was already running long, therefore he would make the active Greenways subcommittee report brief, and hopes the next MRC agenda will allow more time to discuss continued progress being made to implement the adopted Miami River Greenway Action Plan.  Dr. Martin noted the Greenways subcommittee’s February minutes have been distributed listing several grant opportunities the City and County are eligible to apply for in order to be provided significant funding for the continued development of the Miami River Greenway.  Greenways subcommittee Chairman Martin thanked Mr. Anido, City of Miami Assistant Manager for assistance in addressing riverwalk issues, and active Greenways subcommittee attendees / participants Rich Schuts from the Greater Miami Chamber of Commerce’s Miami River Task Force Chair, under Mayor Kasdin’s New World Center Committee, in addition to Spencer Crowley, FIND.

Greenways subcommittee Chairman Martin noted the Miami River Greenway remains under construction and additional funded sections, $2 million of which were funded by FDOT grant applications authored by MRC Director Bibeau and awarded to the City of Miami, will break ground in the near future.

Greenways subcommittee Chairman Martin reported in March he and Director Bibeau conducted site visits to the six County owned riverfront parcels where riverwalk sections are funded by the County’s $7.5 million Miami River Greenway line item in the GOB Bond, with representatives from Miami-Dade County Public Works and their recently contracted engineers Kimley-Horn and Associates.   

Greenways subcommittee Chairman noted the Greenways subcommittee, and MRC staff, continue to work as directed by the MRC on ensuring the publicly accessible Miami River Greenway sections as approved in plans by the City Commission come to fruition as presented, yet some developers are still creating riverwalks which are inconsistent with what was originally approved by the City of Miami.  Dr. Martin further noted although the developers pledge public accessibility along the riverwalk sections while seeking approvals, he is concerned with lack of recorded covenants or easements, the condo association may attempt to block public access along their section of the riverwalk in the future.  Therefore the Greenways subcommittee and MRC staff are attempting to positively engage the new emerging riverfront condo associations to work holistically on finishing the planned 10 mile continuous and publicly accessible Greenway system as set forth in the adopted Miami River Greenway Action Plan.  Greenways subcommittee Chairman Martin noted a homeowner in Neo Vertika, which has a publicly accessible riverwalk section, is a regular attendee at Greenways subcommittee monthly public meetings, and a strong supporter of the project.

Greenways subcommittee Chairman Martin reported the Downtown Development Authority’s (DDA) February 25 letter to the MPO seeking funding to create a Downtown Bicycle /Pedestrian Mobility Plan, which will include the Miami River Greenway within the DDA boundary, was distributed.  Mr. Javier Betancourt, DDA, clarified the DDA was seeking the MRC to support their submittal for the MPO to fund and assist in creating a “Downtown Miami Bicycle / Pedestrian Mobility Plan.”  Mr. Ruano asked Mr. Betancourt and Mr. Gonzalez, City of Miami, how the proposed Plan meshes with the upcoming City of Miami’s Bicycle Master Planning efforts.  Mr. Betancourt stated the two plans were complimentary, and Mr. Gonzalez concurred they do mesh well together, noting the City’s plan will be citywide and not limited to details only within the DDA boundary.  Greenways subcommittee Chairman Martin made a motion in support of the distributed DDA request to support their recommendation for the MPO to fund and create a Downtown Bicycle and Pedestrian Master Plan.  The motion was seconded by Phil Everingham and unanimously (9-0) adopted by the MRC.   

Greenways subcommittee Chairman Martin reported a recent letter from Department of State Secretary Browning in response to DDA’s recent unanimous resolution supporting the MRC’s recommendation for the State to create a publicly accessible riverwalk at the Miami Circle site, restated the State’s intention to also place an undetermined number of surface parking spots on the ancient site, which is concerning.  Therefore Chairman Martin recommended the DDA accept the Department of State’s written offer to meet regarding the Miami Circle site, and invite him and Director Bibeau, to explore suitable places for vehicular parking including the vacant FDOT public right of way beneath the Brickell Bridge or the adjacent Icon development, rather than directly on the historic ancient and culturally sensitive Miami Circle greenspace.  Mr. Betancourt agreed to the recommendation, noting it is positive to bring the stakeholders, including but not limited to the Department of State, Historical Museum of South Florida, Miami River Commission, City of Miami, FIND, Related Group, etc to the table to discuss creating the publicly accessible riverwalk section at the Miami Circle site.  Additional MRC members including Sallye Jude and Robert Ruano stated they would like to attend the potential meeting as well.  Mr. Betancourt stated the DDA would publicly notice the meeting.  Mr. Weinreb stated the City issued their permit to the State for the site’s seawall replacement, which is scheduled to start March 2 and estimated to take 6 months.
 
Greenways subcommittee Chairman Martin thanked the MPO for recently directing $1 million in Federal Economic Stimulus Funds for the Riverwalk in Downtown.    

Greenways subcommittee Chairman Martin reported the next Greenways subcommittee’s regularly scheduled 2nd Wednesday of the month publicly noticed meeting will be held here March 11, 2 PM, 1407 NW 7 ST, New Boardroom.

D. Stormwater Subcommittee (SSC) – SSC Chair Jude stated she hoped there was room on the MRC’s April 6, 2009 agenda for Ms. Dianne Waters, City of Miami Public Works Department, to make the informative power point presentation she kindly provided as reflected in the SSC’s distributed February minutes.  The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project early this year, therefore the MRC is continuing to support the City of Miami’s efforts to secure the estimated $15 - $19 million from various potential cost share partners in order to dredge this contaminated Miami River tributary after the permits are issued.  SSC Chair Jude thanked the Honorable Mayor Diaz for submitting a $16.75 million request for the project from the federal economic stimulus funding. 

SSC Chair Jude stated the next regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting will be held March 4, 10 AM, and in order to provide call in capabilities to the various environmental regulatory agencies, the new meeting location from now on will be the SFWMD service center, 2121 SW 3 Ave, 6th Floor.  The agenda includes quarterly environmental regulatory agency progress reports on their respective efforts to implement components of the Miami River Basin Water Quality Improvement Plan.  Director Bibeau thanked Ms. Jude for kindly hosting the MRC Stormwater subcommittee’s monthly publicly noticed meetings for the past several years. 

V.  New Business – Mr. Ruano stated the City of Miami was hosting “Gateway to Green” on April 7 & 8, showcasing Green vendors.  Ms. Jude asked if Mr. Ruano wanted contact information for Green vendors and he replied yes.

The meeting adjourned.

I. MRC Chair Report -  MRC Chairman Eric Buermann entertained a motion regarding the MRC’s March meeting minutes. Vice Chair Phil Everingham made a motion to approve the MRC’s March 2, 2009 meeting minutes.  The motion was seconded by Mr. Gary Winston and unanimously (12-0) adopted by the MRC.

On behalf of the MRC, Chairman Buermann thanked all of the generous sponsors and congratulated staff, especially Assistant Director Ashley Chase, on a successful 13th Annual Miami Riverday festival held last Saturday, April 4, which featured free Miami River boat tours, environmental education and much more.  Chairman Buermann stated nearly 1,000 free Miami River boat tours were provided, with additional people attending the event whom did not take boat rides.

Chairman Buermann stated the 6th Annual Miami River Map and Guide was released at Riverday and copies are available.

Chairman Buermann noted the rotating powerpoint shows the current conditions of vacant unimproved riverfront areas with no landscaping along the Miami River, which over 150 volunteers will be planting grass, trees, bushes, picking up litter, weeds and painting on April 25 along a new section of the Riverwalk in the City’s Jose Marti Park, and the City’s connecting Miami River Greenway from 2nd Ave to NW 6 ST.  Chairman Buermann added that on April 24, over 40 volunteers will make a new riverfront pocket park on FDOT public right of way adjacent to the Flagler Bridge on North River Drive and beautify the City’s adjacent Miami River Greenway from I-95 to NW 6 Ave by planting additional plants, picking up litter, pulling weeds, spreading mulch and painting. 

Chairman Buermann stated he had asked the Governor’s new appointment, Horacio Stuart Aguirre, to head a Task Force which would work with the environmental regulatory agencies, residents, business owners and stakeholders to create a Miami River Tributary Maintenance Dredging and Environmental Clean-Up Master Plan.  Chairman Buermann added this new Task Force will be under Madame Chair Sallye Jude’s Stormwater Subcommittee.

II. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chairman Eric Buermann stated the Dredging subcommittee is focusing on supporting the local project sponsors requests for the non-guaranteed refund of the $21 million extra provided to cover the Federal funding shortfall, in which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each, in order to complete the project under the 5-year contract and flat rate cost established in 2004.  Chairman Buermann recommended the potential incoming refunds (up to $21 million) be split and pro-rated between the three agencies based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3 %. The FY’ 09 Federal omnibus bill contains over $10 million for the project, all of which Chairman Buermann recommend be provided to the locals which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  Chairman Buermann stated the MRC continues to support the County’s $11 million request for the project in FY ’10, which starts October 1, 2009.  In addition, Chairman Buermann recommend the Army Corps return all leftover extra local provided funding and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted change orders from alternate federal funding sources. 

Chairman Buermann thanked the Honorable Mayor Diaz for submitting the following line item requests from the adopted federal economic stimulus package:

1. “Wagner Creek Seybold Canal Environmental Cleanup and Dredging” - $16,875,000

2. Citywide Canal Maintenance Dredging: $30 million

3. Fern Isle Waterway Cleaning: $2 million

Chairman Buermann stated he would reach out to Florida Department of Environmental Protection (FDEP) in support of these requested line items, because FDEP will have a major role in deciding which environmental related projects receive funding from the Federal Economic Stimulus funding, similar to FDOT and MPO’s significant role in distributing Federal Economic Stimulus funding to specific Transportation related projects.  Chairman Buermann stated he asked all environmental regulatory agencies participating in the Dredging subcommittee to provide the legally responsible and or ownership of all tributaries and or canals along the Miami River.

Chairman Buermann stated the next bi-monthly public dredging subcommittee meeting will be April 15, 10 AM, in the SFWMD regional service center, 2121 SW 3 Ave.

B. Urban Infill Working Group (UIWG) – Chairman Buermann deferred to Mr. Brett Bibeau, MRC Managing Director, to provide an update since Urban Infill Working Group (UIWG) Chairman Jim Murley was out of town.  Mr. Bibeau stated the March UIWG minutes have been distributed and include significant discussion following up on the MRC’s discussion regarding additional new riverfront public greenspaces and community vegetable gardens. Mr. Bibeau stated he would like to defer to Ms. Sallye Jude, whom is spearheading this initiative on behalf of the MRC, yet regrettably she was unable to attend today’s meeting. The next Urban Infill Meeting will be April 14, 1407 NW 7 ST, at 11 AM, United Way Executive Conference Room, 3250 SW 3rd Avenue.

C. Greenways Subcommittee (GSC) – Greenways Subcommittee Chair Dr. Ernie Martin stated the Greenways subcommittee continues to make progress in implementing the adopted Miami River Greenway Action Plan, via the ongoing creation of a continuous, publicly accessible 10 -mile urban trail/linear park, from the mouth of the river to the Miami Intermodal Center near Miami International Airport.  Dr. Martin noted the Greenways subcommittee also continues to coordinate partnerships with local agencies (Downtown Development Authority, Greater Miami Chamber of Commerce, Homeowners Associations, etc.), seek potential funding opportunities to construct additional sections and address connectivity issues with the public and private sector.

Dr. Martin stated today, he would like to address the status of the Miami Circle, a significant archeological site along the Miami River.  Dr. Martin noted the Miami Circle represents over 2,000 years of civilization that began at the mouth of the Miami River, as well as the trailhead for the Miami River Greenway on the south bank, and should therefore be preserved.  Dr. Martin stated the Miami Circle is located adjacent to the Related Group’s Icon, one of the largest re-development projects in Miami.  Dr. Martin noted at one point, the Related Group had written a letter offering assistance with the riverwalk and parking for the adjacent Miami Circle site. 

Dr. Martin noted numerous studies have been conducted to develop future plans for the Miami Circle site, yet the site controller, the FL Department of State (DOS) has insisted on embarking on yet another master planning process.  Dr. Martin stated due to public pressure, largely brought about by the Miami River Commission and the Miami Herald, the DOS agreed to utilize the remaining estimated $300,000 funds, previously awarded and authorized by the Florida Legislature, towards constructing a publicly accessible riverwalk.  Dr. Martin stated the MRC, continues to advocate for maximum open greenspace on the preserved and designated National Historic Landmark site, without unnecessary vehicular roads, parking, etc.  Dr. Martin added it is incumbent on the MRC to continue placing pressure on the State to assume responsibility for the site and expedite construction of the long awaited and widely supported publicly accessible riverwalk, which the representatives from DOS and FL Department of Management Services (DMS) indicated they were not sure if the currently available $300,000 would be sufficient to complete the full, permanent, 25-foot wide publicly accessible Miami River Greenway per the City’s Design Standards and Guidelines.  Dr. Martin noted last week DOS / DMS executed their contract with Glatting Jackson to commence the site’s next master planning process.  Chairman Buermann noted the federal government recently designated the Miami Circle as a National Historic Landmark.  Dr. Martin deferred to Mr. Bibeau to provide information on the status of the Miami Circle planning process, whom then kindly deferred to Mr. Robert Weinreb, whom asked to be recognized.

Mr. Weinreb reported the City Manager recently held a meeting on Friday, April 3, at 5 PM, with DOS, DMS, the Historical Museum of South Florida, the Department of State’s new Miami Circle consultants Glatting Jackson and City department representatives from Zoning, Planning and Public Works.  Mr. Weinreb stated during the meeting DMS / DOS presented a plan for a publicly accessible Riverwalk from the Icon to the Brickell Bridge in the site’s 1st Phase of improvements, which are fully funded.  Dr. Martin stated he had met with the same ST / Miami Circle representatives on Thursday, April 2, whom had indicated the Phase 1 riverwalk maybe only temporary, possibly not consistent with the City’s Miami River Greenway Design Standards and Guidelines, and include 10 vehicular parking spaces in Phase 1, to which Dr. Martin recommended vehicular parking be provided on adjacent parcels such as the Icon or beneath the Brickell Bridge, not directly on the small, special and ancient greenspace.  Mr. Weinreb during the City’s meeting (day after Dr. Martin’s meeting) the State had indicated they had enough available funding in place to construct the Miami River Greenway around the Miami Circle, and had only proposed establishing a designated “bus drop-off” area for school children, one maintenance parking space and a stairway leading up to the Brickell Bridge, not ten parking spaces.  Mr. Weinreb reported that the State is moving forward with these plans through the City’s permitting process, which he noted would be expedited.  Mr. Weinreb added the State would also need to present its proposed plans to the City’s Historic and Environmental Preservation Board for approval.

Chairman Buermann stated the Related Group had submitted a letter several years ago, when seeking approval of their Major Use Special Permit for the ICON, pledging their commitment to assist with a publicly accessible riverwalk at the Miami Circle.  Chairman Buermann asked if the City would hold them to their commitment.  Mr. Weinreb reported that the Related Group has not fulfilled this obligation, and noted he had reviewed the actual Miami City Commission approval transcripts/legislation and found that their letter’s commitments to construct a riverwalk was not clearly defined.

Mr. Weinreb stated replacement of the collapsed seawall at the Miami Circle is expected to be completed within 30-45 days, and the State anticipates having leftover funding as a result of this first component of the site’s Phase I improvements coming in beneath budget.  Mr. Weinreb noted the Department of State informed the City that the remaining components of the fully funded Phase I Miami Circle site improvements will include construction of the publicly accessible riverwalk, and additional upland elements.

Dr. Martin noted during the April 2 meeting with DOS and DMS, he and Mr. Bibeau met with the new Miami Circle consultants, Glatting Jackson, and expressed the MRC’s continued support for using the 2008 FL Legislature’s $2.2 million spending authorization ($1,450,000 from State and $750,000 from FIND) to replace the collapsed seawall and construct a publicly accessible riverwalk and suggested suitable places for temporary vehicular parking, including the vacant FDOT public right of way beneath the Brickell Bridge or the adjacent Icon development, rather than directly on the historic ancient and culturally sensitive Miami Circle greenspace.  Dr Martin stated the ST representatives indicated they may not have sufficient available funding to construct a riverwalk consistent with the City’s Miami River Greenway Design Standards and Guidelines.

Mr. Javier Betancourt stated the DDA had a similar meeting with the DOS / DMS Miami Circle representatives and consultants.  Mr. Betancourt noted DOS / DMS invited the various Miami Circle stakeholders to separate meetings over a two day period, rather than inviting all stakeholders to the table at the same time and addressing ideas collectively to discuss alternate options for issues such as parking and drop-off areas. Mr. Betancourt noted this resulted in different stakeholders having different understandings of the ST’s plans and separate presentations.  For example, Mr. Weinreb clarified that the DOS / DMS proposed plan for the site included one handicapped parking space and one parking space for maintenance crew, while Dr. Martin stated during his meeting the DOS / DMS mentioned 10 vehicular parking spots on the site.  Mr. Weinreb added that buses and cars will not be allowed to park on the site, but would have designated “drop-off” areas. Mr. Weinreb stated he agreed with Mr. Betancourt’s suggestion to bring all stakeholders together, and noted he would ask the City Manager to invite the DDA and MRC to the next meeting.

Mr. Betancourt suggested the creation of a special task force to address the future planning of the Miami Circle site, which would include the MRC, DDA, the Historical Museum of South Florida, the State, the City of Miami, Native American groups, the Related Group, etc. Dr. Martin made a motion recommending the Downtown Development Authority, acting on behalf of the Miami River Commission, establish a special task force, composed of key local and community stakeholders, to convey the position to the State of Florida that the Miami Circle should have a publicly accessible riverwalk consistent with the City’s Miami River Greenway Design Standards and Guidelines, the site should be open to the public, maximize open greenspace, seek off site vehicular parking and drop off / pick up options, and have Mr. Javier Betancourt serve as the MRC’s liaison. Mr. Betancourt accepted the offer and seconded the motion, which was unanimously adopted by the MRC (12-0). Vice Chair Everingham asked if this task force would operate under the sunshine law, and Mr. Betancourt and Chairman Buermann replied yes because more than one member of the Miami River Commission will be participating.

Mr. Bibeau expressed his appreciation of Mr. Weinreb’s positive report from the City’s meeting with the State, which happened the day after the State’s meeting with Greenways Chairman Martin and himself.  Mr. Bibeau explained he had provided the ST representatives with copies of the City Miami 21’s & Miami River Greenway Design Standards and Guidelines 25-foot-wide cross sections for the Miami River Greenway during his meeting, and the Department of State and Department of Management Services representatives indicated they may not have sufficient funding currently available and authorized spending authority to build a Miami River Greenway according to these required specifications, and had asked Director Bibeau for assistance in obtaining more funding if needed.  Mr. Bibeau noted Mr. Leehey, DMS, Dr. Wheeler, DOS had suggested eliminating 6 feet of passive and transition zones (which include landscaping, lighting and benches) and constructing a riverwalk pathway only, with limited landscaping.  Mr. Bibeau stated he was pleased to hear Mr. Weinreb’s report following the City’s meeting the day after his, because it seems the DOS / DMS former position changed because they later indicated to the City that the ST indeed has sufficient available funding to construct a riverwalk consistent with the City’s Miami River Greenway Design Standards and Guidelines.  Mr. Bibeau added he was also pleased to hear that the State is no longer proposing to include 10 parking spaces at the Miami Circle site, an idea conveyed during the April 2 meeting, and instead only discussed the reduced one handicapped space and one space reserved for maintenance crew with the City.

Managing Director Bibeau stated following his April 2 meeting, he emailed the DOS / DMS asking if they had the required ST Legislative spending authority if he was successful in obtaining additional funds if needed as they had suggested, but they had yet to reply to his email.  Chairman Buermann directed Mr. Bibeau to reach out to Dr. Ryan Wheeler, DOS, to verify that the State indeed has sufficient funding and spending authority in order to avoid waiting another year to receive additional spending authorization from the Legislature, rather than trying to increase the amount if needed during the current ST Legislative Session.

D. Stormwater Subcommittee (SSC) – Chairman Buermann noted SSC Chair Sallye Jude was unable to attend today’s meeting, and therefore deferred to Director Bibeau.  Director Bibeau stated the Stormwater Subcommittee’s distributed March public meeting minutes reflect the City of Miami’s quarterly progress report on implementing the Miami River Basin Water Quality Improvement Plan. Mr. Bibeau noted he was pleased to report the FDEP resumed their participation in the monthly meetings, via calling into the last SSC meeting from Tallahassee.

Mr. Bibeau reported the regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting in April was held on April 1, therefore the next public meeting will be May 6, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

Rear Admiral Jay Carmichael asked for the total estimated cost of dredging the Wagner Creek and Seybold Canal, and Mr. Bibeau replied the MRC is continuing to support the City of Miami’s efforts to secure the estimated $15 - $19 million from various potential cost share partners in order to dredge this contaminated Miami River tributary.  Mr. Bibeau added the City of Miami estimates completion of the design and permitting for the Seybold Canal and Wagner Creek dredging project within a couple months, and thanked the Honorable Mayor Diaz for submitting a $16.75 million request for the project from the federal economic stimulus funding. 

E. Economic Development and Commerce (EDC) – Ms. Marlene Avalo presented the following report on behalf of EDC Chair Bruno Barreiro:  The EDC’s next meeting is scheduled for April 27, 3 PM, 1407 NW 7 ST, and the agenda will include a discussion regarding Palmer Lake in the Upper River and adjacent to the Miami Intermodal Center currently under construction.

III.  New Business – Chairman Buermann stated he would like to create a catalogue / check list of issues or problem areas along the Miami River and begin working with appropriate parties to resolve them, which he believes is an important function of the Miami River Commission. Chairman Buermann requested Dr. Fran Bohnsack’s, Miami River Marine Group, assistance, and she kindly accepted.

Mr. Weinreb noted the City of Miami is applying to a NOAA grant, which if awarded, could potentially provide funding towards improving the Miami River. 

I. MRC Chair Report -  MRC Chairman Eric Buermann asked if anyone would like to request any changes to the MRC’s distributed April meeting minutes. Hearing none, the MRC’s April 6, 2009 meeting minutes were unanimously adopted. (10-0)

On behalf of the MRC, Chair Buermann thanked all of the generous sponsors listed on the distributed 13th Annual Miami Riverday flyer.  The rotating powerpoint features pictures of the April 4 event’s free Miami River boat tours, environmental education and much more.  Most of the sponsors received their plaques of appreciation on stage during Miami Riverday, and MRC staff invited the remaining sponsors to receive their tokens of appreciation during today’s MRC meeting. MRC Chair Buermann presented plaques to Vice Chair Phil Everingham, Miami Marine Council, Mr. William Parkes, Jr., Cliff Berry, Inc., and Mr. Mike Nuñez, Riders Unlimited, Inc.

MRC Chairman Buermann thanked the Honorable Governor Crist for recently nominating Ms. Patricia Harris as his MRC designee, and welcomed Ms. Harris to the Miami River Commission. MRC Chairman Buermann thanked Ms. Harris for her years of previous volunteer service at several Miami Riverdays and participating in many of the MRC’s public meetings, and noted she is therefore familiar with the issues.  MRC Chairman Buermann noted since Ms. Harris is currently awaiting receipt of the paperwork requiring her original signature and return to the Office of Appointments, she would not be authorized to vote today. 

MRC Chairman Buermann thanked Mr. Carmichael, Rear Admiral, USCG, retired, for taking a Miami River Boat Tour last month to list / address and forward various Miami River issues to the appropriate MRC subcommittee’s, Congress, State, Miami-Dade County, the City of Miami, etc.

MRC Chairman Buermann reported Mr. Horacio Stuart Aguirre’s MRC Task Force, established last month to create a Miami River Tributary Maintenance Dredging and Environmental Clean Up Master Plan-under Madame Chair Sallye Jude’s Stormwater Subcommittee-is making progress. Vice Chair Everingham voiced his preference to call the master plan an “action” plan, and MRC Chairman concurred, noting the MRC always takes action on their various Plans.   Chairman Buermann noted various environmental regulatory agencies have provided some preliminary research results regarding which agencies own, and or are considered legally responsible for maintenance along the Miami River’s various tributaries. Chairman Buermann stated the City of Miami’s Waterfront Advisory Board had invited MRC Managing Director Brett Bibeau to their meeting last month to present this issue, and immediately following his informational presentation they adopted a unanimous resolution supporting the City’s requests for Federal funding to maintenance dredge the Miami River’s tributaries.  Mr. Bibeau stated MRC Assistant Managing Director Ashley Chase created a catalogue of every parcel (i.e. folio, address, owner, and zoning) located along both shores of the Miami River’s six tributaries.

MRC Chairman Buermann recognized Mr. Spencer Crowley, Miami-Dade’s outstanding Florida Inland Navigational District (FIND) member, and thanked him again for his instrumental support in securing FIND’s $9.68 million towards the successful completion of the Miami River maintenance dredging and environmental clean-up project.  Recently Mr. Crowley kindly volunteered to assist the Florida Department of State and Florida Department of Management Services through the City and County’s review and permitting processes for the State’s Miami Circle improvements.  Chairman Buermann stated he would therefore like to skip ahead in the agenda to MRC Greenways Subcommittee Chairman Dr. Ernie Martin’s report, to provide Mr. Crowley with an opportunity to provide any additional recent progress reports.

C. Greenways Subcommittee (GSC) – Mr. Spencer Crowley, FIND, distributed a “Miami Circle Conceptual Site Plan” and provided the following report regarding the Miami Circle’s improvements and site plan approval process:

• In November 2007, FIND approved an $750,000 emergency grant as a cost share for the $1.3 million replacement of the Miami Circle’s collapsed seawall
• In 2008, the Florida Legislature authorized $2.2 million for the Department of State to replace the Miami Circle’s collapsed seawall and construct site improvements including the Miami River Greenway; the seawall replacement was recently completed.  Mr. Crowley noted with the recent opening of the ICON and the Epic, there is a critical mass of people along the mouth of the river whom would greatly benefit from a riverwalk
• The Department of State is applying for a City of Miami Class II Permit, and approvals from the City of Miami Historic and Environmental Preservation (HEP) Board and Miami-Dade County’s Shoreline Development Review Committee; Mr. Crowley noted all the aforementioned applications have been submitted, and the State hopes to have approval from these entities by June 2, the date of the HEP board’s next meeting.  Mr. Crowley added FIND’s August public board meeting will be in Miami, and is therefore hoping to have the riverwalk groundbreaking by then. Mr. Crowley noted he realized this was an aggressive timeline, but explained the current positive momentum could perhaps get the riverwalk completed-worst case scenario-by the end of the year.
• the Department of State’s new plans, including a publicly accessible riverwalk, is estimated to cost $750,000 to construct, yet only estimated $500,000 of the previously authorized $2.2 million remains available, leaving an estimated $250,000 shortfall
• Mr. Crowley indicated he had been working towards implementing the following plan for the Department of State to obtain the estimated funding shortfall for the planned site improvements and then construct the improvements.  The Department of State needs to prepare and submit an emergency grant request application to FIND in May to be considered for funding during the next FIND meeting on May 21; Mr. Crowley explained in order for the Department of State to be considered eligible to file an application, they need to demonstrate multiple funding partners. Mr. Crowley noted thus far the Honorable Mayor Manny Diaz and Commissioner Marc Sarnoff, on behalf of the City of Miami, as well as the Executive Director of the Downtown Development Authority (DDA), Ms. Alyce Robertson, have expressed support.

Questions/Comments:

• Mr. Carmichael, Rear Admiral, USCG, retired, asked how much money the State would request from FIND, and Mr. Crowley replied the amount depends on how much money is received by alternate funding sources, such as Miami-Dade County, the City of Miami and the Downtown Development Authority. Mr. Crowley stated the $250,000 shortfall could potentially be provided as followed: $50,000 from the City, $50,000 from the County, $25,000 from the DDA, and FIND would consider funding the balance. Mr. Crowley added the State is attempting to identify additional funding partners, yet if the aforementioned funding is not secured, the Department of State would have to request the additional needed funding for Phase I improvements to the site during the 2010 legislative session.
• Mr. Carmichael, Rear Admiral, USCG, retired, asked if the distributed conceptual site plan addresses the MRC’s concern expressed during last month’s meeting regarding public parking on the historic site etc, and Mr. Crowley replied the Planners, Glatting Jackson Kercher Anglin, are only proposing 2 handicapped parking spots and a “bus loop”/drop off area to make it accessible for students and tourist groups
• MRC Chairman Buermann asked if the South Florida Water Management District (SFWMD) could serve as a funding partner, and Mr. Crowley replied yes since the emergency interlocal agreement which authorizes funding from state and local agencies. MRC Chairman Buermann asked Ms. Lucy Perez, SFWMD, to follow-up on the SFWMD’s potential contribution of $50,000.  MRC Chairman Buermann stated he believed the SFWMD should express support of this cause since the Miami Circle is located along the C6 canal and includes stormwater improvements for the site.
• Mr. Javier Betancourt asked if the distributed Miami Circle conceptual site plan constitutes Phase I of the Miami Circle project, and Mr. Crowley replied yes. Mr. Crowley clarified Phase I of the project will cost an estimated $750,000, and will also include-according to the State’s budget-lighting, irrigation, pavers, landscaping and a $100,000 contingency; Mr. Crowley added Glatting Jackson will plan Phase II of the project, which will include interpretive and archeological components which the Historical Museum of Southern Florida will try to fund.
• Mr. Betancourt noted the Historical Museum of Southern Florida had invited the Downtown Development Authority, as well as additional stakeholders, to the “Leadership Briefing: Miami Circle” on May 6, 5 pm, 101 West Flagler Street; Mr. Bibeau noted staff had provided copies of the MRC’s invitation. Mr. Betancourt stated the MRC had passed a unanimous resolution last month recommending the Downtown Development Authority (with Mr. Betancourt serving as the MRC’s liaison) establish a special task force, composed of key local and community stakeholders, to convey the position to the State of Florida that the Miami Circle should have a publicly accessible riverwalk consistent with the City’s Miami River Greenway Design Standards and Guidelines, the site should be open to the public, maximize open greenspace, seek off site vehicular parking and drop off / pick up options. Mr. Betancourt noted the upcoming meeting will serve as an opportunity for the stakeholders to meet and communicate together, and take appropriate actions after the meeting.
• Mr. Bibeau thanked Mr. Crowley and Chairman Buermann for their continued support. Mr. Bibeau stated the Florida Department of State is considering asking the Florida Department of Transportation to allow them to potentially shift the Miami Circle proposed onsite parking spaces beneath the adjacent Brickell Bridge and shifting the proposed bus loop to the adjacent Icon development in order to maximize the site’s green space
• Mr. Bibeau stated the distributed Miami Circle site plan for the riverwalk did not include benches or trash cans, and it appears the riverwalk stops an estimated 30 yards east of the Bridge instead of proceeding up to and beneath to the west side of the Bridge.  Instead the Riverwalk appears to pinch off to a 5-foot sidewalk east of the Brickell Bridge.  Chairman Buermann directed Mr. Bibeau to forward the MRC’s advisory recommendation at the upcoming meetings regarding the Miami Circle site.  Mr. Crowley explained that though the distributed site plan does not feature the installation of bike racks, benches and decorative lighting, the State has included these components in their $750,000 budget; Mr. Crowley added he would try to advocate for a wider connection between the Miami Circle and the Brickell Bridge and allowing the riverwalk to extend up to and then beneath the Brickell Bridge, yet noted the most important task at hand is the completion of the Miami Circle’s riverwalk
• Ms. Marianne Winfield, Smart Growth, stated the Miami Circle is a significant site for the community and should therefore be treated as an amenity-not an eyesore; MRC Chairman Buermann agreed, noting that the Miami Circle is the historical and cultural gateway to the Miami River
• Dr. Ernie Martin stated he was generally pleased with the conceptual drawing, which is similar to the previous plans for the site, though he urged it needed to be consistent with the MRC’s recommendations to be more consistent with the City’s Miami River Greenway Design Standards and Guidelines, include benches and trash cans, shift the parking spots and driveways to the adjacent areas, widen the proposed pedestrian / bicycle connection between riverwalk and 5 ST, and extend the riverwalk further west, up to and then proceed beneath the Brickell Bridge.  Dr. Martin thanked Mr. Bibeau, Mr. Crowley, the DDA, the GMCC, etc. for their continued support.
• Chairman Buermann noted the federal government recently designated the Miami Circle as a National Historic Landmark, and asked if any state requirements would need to be fulfilled. Mr. Crowley stated it would be best to defer this question to the Department of State

Chair Dr. Ernie Martin provided the following report:  The MRC coordinated and co-sponsored 2 major volunteer Miami River Greenway beautification events in April:

• Friday, April 24: 50 City Year Miami Corps Members created a pocket park on the NE side of Flagler Bridge and beautified the city-owned Miami River Greenway along North River Drive, from I-95 to 6th Avenue, via planting bushes, spreading mulch, painting, picking up litter and weeds. 
• Saturday, April 25: 150 Hands on Miami volunteers expanded Jose Marti Park to the east via planting over 115,000 square feet of grass and beautify the city-owned Miami River Greenway, via planting bushes, spreading mulch, painting, picking up litter and weeds, along the Miami River Greenway from 2nd Avenue to NW 1st Street, as a part of Global Youth Service Day.

At the June 1 MRC meeting we will present plaques of appreciation to the Miami River Greenway beautification events generous sponsors and volunteers, Vila and Sons Landscaping, Eagle Carriers, Florida Wood Recycling, EDAW, FL Department of Transportation, Miami-Dade County, City of Miami, Florida Drawbridge, City Year, and Hands on Miami.    

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of the month public meeting will be held May 13, 2 PM, 1407 NW 7 ST.

II.  City of Miami Public Works Environmental Education PowerPoint Presentation- Ms. Diane Waters, City of Miami Department of Public Works, presented the PowerPoint “City of Miami Storm Sewer Illicit Discharge Prevention Program: A Compliance Guide for Construction Sites, Businesses and Homeowners.” Ms. Waters provided the following highlights:

• A version of this document was created in order to educate contractors coming to the City to obtain permits and reduce the number of violations seen at construction sites
• Storm sewer system: a collection of constructed elements used to prevent flooding by transporting storm water away from developed areas to receiving areas, such as local water bodies including the Miami River;
• Storm water: rain water that flows along the surface of the earth
• Inlets: where rain water or stormwater enters the storm sewer system, commonly known as drains (ex: curb inlets, catch basins)
• Outfalls: where storm sewer system ends at a receiving water
• Illegal to park on grassy swales, as doing so will compact soil underneath, and water won’t be able to soak into the ground
• Illicit discharge: when materials are placed into a storm sewer system without the permission of the owner of the system, especially when the materials cause pollution
• Examples of illicit discharges include: dirt or sediment, chlorinated pool water, dumping to right-of-way or drain, washwater, hazardous wastes, petroleum products, sweeping debris into gutters or storm drains, etc.
• Examples of illegal connections to the storm sewer system that cause illicit discharges include: wash water, sanitary sewer connections, industrial waste water connections
• Causes of illicit discharges include: poor dumpster management, poor landscaping practices, poor housekeeping practices at businesses and construction sites, and failure to obtain the proper permits
• All discharges to the City of Miami Storm Sewer System must be approved by City of Miami Public Works and Miami-Dade County DERM
• It is important to stop illicit discharges to maintain system capacity, for flood protection and for environmental protection; illicit discharges directly impact residents’ quality of life
• Communities must choose whether they will invest in pollution prevention or pay for much more costly environmental cleanup (i.e., increased waterway dredging costs)
• According the Florida Department of Environmental Protection, polluted Storm Water is the primary source of pollution to Florida’s water bodies
• Report violations to 3-1-1

The MRC thanked Ms. Waters for her informative presentation.

III. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chairman Eric Buermann provided the following report: The MRC’s Dredging Subcommittee’s April 15 public meeting minutes have been distributed.  The Dredging subcommittee is focusing on supporting the local project sponsors requests for the non guaranteed refund of the $21 million Fed funding shortfall, in which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.  Chairman Buermann stated he has been recommending the potential incoming refunds (up to $21 million) be split and pro-rated between the three agencies based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3%, and stated he would be scheduling meetings with Miami-Dade County Chairman Moss and Manager Burgess to follow up on his related March 10, 2009 letter to the Manager.  USCG Rear Admiral Carmichael asked if the aforementioned funding - if received - would need to be spent before the end of the fiscal year, and Mr. Bibeau replied he would continue to advocate that the reimbursement be received and utilized prior to the end of the fiscal year, October 2009.

The FY’ 09 Federal omnibus bill contains over $10 million for the project, all of which I recommend be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  The MRC continues to support the County’s $11 million request for the project in FY ’10, which starts October 1, 2009.  In addition, I recommend the Army Corps return all leftover extra local provided funding, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted change orders from alternate federal funding sources.  Mr. Colon, Army Corps of Engineer’s, stated he would provide the MRC with information such as how much left over local extra funding was available, in addition to a set of the requested post dredge drawings showing the actual depths in the post dredged river and quantity of dredged material from each section and related cost per Acceptance section.  Mr. Colon stated subject to signature by the project’s ACOE contracting officer, two of the contractor’s three final remaining requested change orders were settled / resolved on April 13: $283,000 regarding water quality, $529,000 regarding turbidity, and the ACOE requested additional information from the contractors for their final remaining $4 million change order request.  Mr. Colon indicated the potential non-guaranteed refund of the extra funding provided by the local project sponsors would only potentially be provided by the Army Corps to the locals after their contractor’s final remaining requested change order has been resolved.  

The next regularly scheduled bi-monthly public MRC dredging subcommittee meeting will be held June 17, 10 AM, in the SFWMD regional service center, 2121 SW 3 Ave.

B. Urban Infill Working Group (UIWG) – Chairman Buermann deferred to Mr. Brett Bibeau, MRC Managing Director, to provide an update since Urban Infill Working Group (UIWG) Chairman Jim Murley was out of town.  Mr. Bibeau stated the Urban Infill Working Group’s April 14 public meeting minutes have been distributed for review. There is an opportunity to potentially create a community vegetable and fruit garden on May 16, here at 1407 NW 7 ST, with volunteers from Babson College and City Year, on a relatively small portion of the site’s existing large riverfront green space / riverwalk.  Similar to other community garden models in Overtown, and the West Grove, volunteers could eat the food they plant, maintain and later harvest from the community vegetable and community garden.  In addition, the April minutes reflect an update regarding the DDA’s Downtown Master Plan, which maybe presented to the MRC this summer.

D. Stormwater Subcommittee (SSC) – Chairman Buermann noted SSC Chair Sallye Jude was unable to attend today’s meeting, and therefore deferred to Director Bibeau.  Mr. Bibeau stated the Stormwater Subcommittee’s April 1 minutes have been distributed. Mr. Bibeau stated he was pleased to announce and thank FDEP for re-engaging the subcommittee with new liaisons participating in the meetings.

The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek dredging project early this year, therefore the MRC is continuing to support the City of Miami’s efforts to secure the estimated $15 - $19 million from various potential cost share partners in order to dredge this contaminated Miami River tributary after the permits are issued.  Mr. Carmichael, Rear Admiral, USCG, retired, asked if the trucking of the contaminated sediments was included in the estimated $15-$19 million projected project cost, and Mr. Bibeau replied the City is in the process of making that determination.

The regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting will be held May 6, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

E. Economic Development and Commerce (EDC) – EDC Chairman Bruno Barreiro reported the Economic Development & Commerce Subcommittee met on Monday, April 27 lead by his MRC designee Marlene Avalo, and heard a presentation from Miami Dade County Planning and Zoning staff in regards to potentially creating plans for the underutilized triangular area east of MIC including Palmer Lake, Tamiami Canal, and the Miami River in unincorporated Miami-Dade County.  Miami Dade County staff reported that a resolution authorizing the commencement of a public charrette for Palmer Lake would be brought before the Board of County Commissioners in June.  Commissioner Barreiro added the plans will be marine related, and this bottom up planning approach is not quick.  Mr. Dubin stated Odebrecht had made a presentation regarding this important area to the Miami River Commission.  Commissioner Barreiro stated previous ideas, concepts and ideas may be reconsidered through this public planning process for the area.    

I. MRC Chair Report -  MRC Chairman Eric Buermann entertained a motion regarding the MRC’s May meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s May 4, 2009 meeting minutes.  The motion was seconded by Mr. Gary Winston and unanimously (10-0) adopted by the MRC.

On behalf of the MRC, MRC Chairman Buermann thanked all of the generous volunteers and sponsors of three recent Miami River Greenway beautification events, which are featured in the distributed Miami River volunteer event press releases. MRC Chairman Buermann noted the rotating Powerpoint has images from the significant beautification projects on both shores of the Miami River, including the creation of new public riverfront greenspaces.  MRC Chairman Buermann invited the following volunteers and sponsors to accept their appreciation plaques and take a group photograph with the Miami River Commission board:

• Florida Department of Transportation (FDOT) Secretary Gus Pego and Frank Guyamier; MRC Chairman Buermann noted FDOT permitted the painting of the First Street and Flagler Bridges and planting of trees and bushes on FDOT riverfront public right of way along the Miami River Greenway
• Mr. Nick Hoffman and Ms. Liana Ponce, City Year and Young Heroes; MRC Chairman Buermann noted City Year and Young Heroes kindly provided over 100 volunteers; Mr. Hoffman stated City Year, a relatively new volunteer organization, was excited to work with the Miami River Commission and looked forward to partnering on future events.
• Ms. Tessie Alvarez-Bravo and Ms. Mia Battle, Hands on Miami; MRC Chairman noted Hands on Miami kindly provided over 100 volunteers
• Mr. Rolando Perreira, Eagle Carriers; MRC Chairman Buermann noted Eagle Carriers generously donated in-kind trucking for discounted 278 cubic yards of clean dirt spread by the City of Miami along the unimproved riverfront areas prior to the volunteers planting trees, plants and grass 
• Mr. Juan Carlos Vila, Vila & Son; MRC Chairman Buermann thanked Vila & Son generously donated 220 plants, which the volunteers planted along the Miami River Greenway
• Mr. Gustavo Santana, EDAW; MRC Chairman Buermann thanked EDAW for generously providing an in-kind donation of landscape architecture plans for the riverfront beautification projects and day of guidance to the volunteers regarding proper planting techniques
• Mr. Jesse Schneider and Mr. Gene Advincula, Florida Wood Recycling; MRC Chairman Buermann thanked Florida Wood Recycling for provided an in-kind discount for their environmentally sensitive mulch product made exclusively from recycled wood, including old broken palettes; Mr. Schneider thanked the MRC for its partnership and stated they looked forward to working with the MRC in the future
• Mr. Pablo Canton, Mr. Mauro Bermudez, and Mr. Steve Wright, City of Miami; MRC Chairman Buermann noted the City of Miami generously spread the 278 cubic yards of dirt, donated 4 trees planted by the volunteers, disposed of the garbage bags collected by the volunteers along the Miami River Greenway, and funding for the volunteers supplies and preparation; Mr. Canton thanked the MRC, especially Director Bibeau, for their continued efforts to beautify the Miami River Greenway
• Mr. Sonny Hobson, Florida Drawbridge; MRC Chairman Buermann thanked Florida Drawbridge for donating water for the volunteers’ use at FDOT’s Flagler and 1 ST Bridges

MRC Chair Buermann thanked the aforementioned sponsors and volunteers again for their continued strong support of the Miami River and stated he hoped to keep working in partnership with them on future volunteer Miami River Greenway beautification events.

MRC Chairman Buermann stated the Miami River Commission’s Executive Board publicly noticed meeting was held just prior to today’s MRC meeting. MRC Chair Buermann noted the Executive Board reviewed the distributed Miami River Fund Inc’s Fiscal Year 2010 (July 1, 2009 – June 30, 2010) Operational Budget, which they unanimously adopted at a publicly noticed meeting on May 28.  In addition, MRC Chairman Buermann noted the Executive Board reviewed the Miami River Fund Inc.’s quarterly financial report covering January 1, 2009 – March 31, 2009, which was reviewed during their April 17 publicly noticed meeting. Mr. Javier Betancourt asked if the Miami River Commission was essentially reviewing the Fiscal Year 2010 budget “after the fact,” and MRC Chairman Buermann explained the MRFI-which is the MRC’s financial arm-approved the FY ’10 (July 1, 2009 – June 30, 2010) Operational Budget during its May 28 publicly noticed meeting, and it has been provided to the Miami River Commission and its Executive Board’s publicly noticed meetings for informational purposes. MRC Vice-Chair Phil Everingham noted he serves as President of the Miami River Fund, Inc, and is joined today by additional MRFI board members, Mr. Mark Bailey (Vice President), Ms. Sallye Jude (Treasurer) and Mr. Brett Bibeau (Executive Director), whom are available to answer any questions. MRC Vice-Chair Everingham added he also serves on the MRC’s Executive Board, alongside MRC Chairman Buermann and Ms. Jude, whom did not present any objections regarding the adopted budget during their meeting earlier today. MRC Vice-Chair Everingham noted the Fiscal Year 2009 operational budget was $194,659.92, while the adopted 2010 operational budget is $198,306.64. Mr. Jay Carmichael asked if the FY 2009 budget was over or under budget, and Mr. Bibeau replied the adopted Fiscal Year 2009 operational budget was “under-budget.”  Mr. Carmichael asked if any left-over funding needs to be returned or reprogrammed, and MRC Chairman Buermann replied no and explained that the South Florida Water Management District serves as the primary funding source for the MRC’s operational budget (i.e. salaries and day-to-day activities), yet noted he has encouraged staff to continue searching for additional potential funding opportunities.  Mr. Carmichael asked if the approved 2010 operational budget will be able to cover any and all Miami River-related initiatives for the coming year, and Mr. Bibeau replied the adopted Fiscal year 2010 budget is meant to cover operational expenses. Mr. Bibeau explained the MRFI has a variety of grants available to pay for educational, environmental and public outreach initiatives, such as Miami-Dade CBO grant funding, which is utilized to provide free Miami River educational boat tours and volunteer Miami River clean up event supplies, etc.
On behalf of the Miami River Commission, MRC Chairman Buermann welcomed and invited the Honorable ST Representative David Rivera to receive a plaque of appreciation for his successful efforts in the 2008 Legislative session to secure an extra $10 million in order to complete the Miami River maintenance dredging and environmental clean up project. MRC Chairman Buermann noted the project would not have been fully funded without the Representative’s strong support for which the MRC is very grateful.  MRC Buermann thanked Representative Rivera and asked him to stay for a quick photograph and join him in presenting a plaque of appreciation to Ms. Christina Casado, Community Image Advisory Board, whom was one of many sponsors of the three recent Miami River Greenway beautification events that was unable to attend the volunteer/sponsor award ceremony earlier in the meeting. Mr. Bibeau thanked Chairman Rivera and noted the Community Image Advisory Board donated in-kind water truck services for the new landscaping planted by the volunteers along the Miami River Greenway.

II. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chairman Eric Buermann stated he met with and wrote Miami-Dade County’s Honorable Chairman Moss and Manager Burgess, to request the County amend their Miami River Maintenance Dredging and Environmental Clean-Up Project’s Federal Fiscal Year 2010 $11 million appropriation request by renewing its “Critical Priority” status, consistent with previous years.  In addition, DSC Chairman Buermann stated he has requested the County seek Congressional report language directing the intended use of their Fiscal Year 2010 $11 million request towards the non-guaranteed refund of the $21 million Federal funding shortfall, in which the State covered an extra $15 million (71.4%), and the South Florida Water Management District and the Florida Inland Navigation District provided an extra $3 million or 14.3% each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.
                     
DSC Chairman Buermann noted he had requested the Army Corps return all leftover extra funding provided by the local partners, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted change orders from alternate federal funding sources.  DSC Chairman Buermann stated that, regrettably, in a subsequent teleconference with Army Corps of Engineer’s staff, they reported for the first time that they are expecting their dredging contractors to submit additional change order / modification requests to the total of over $14 million, which the Army Corps must consider, reject or pay out, prior to closing out the project accounts, which is required before providing any potential non-guaranteed reimbursement of the $21 million in extra local funding.  DSC Chairman Buermann stated the potential incoming non-guaranteed refunds (up to $21 million) should be split and pro-rated between the three local agencies based on the percentages of their provided extra funding.  DSC Chairman Buermann noted he had called Colonel Grosskruger to request the adopted FY’ 09 Federal omnibus bill’s over $10 million for the project be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project. 

DSC Chairman Buermann stated although he believed the Army Corps of Engineers (ACOE) currently has more than enough money to refund the $21 million in extra local funding, they are awaiting to receive all project-related claims from the dredging contractor before the contract maybe closed out, which is required prior to making any non-guaranteed reimbursements.  DSC Chairman Buermann noted he recently learned there is a 7-year claims period involved, yet was pleased to announce that ACOE Colonel Grosskruger-whom is scheduled to retire in July-has pledged his assistance in moving the aforementioned refund process along.  Chairman Buermann added he is contacting the dredging contractors to ask if they will sign a written statement to the ACOE, putting in writing their previous indication that the upcoming 3 change orders they are planning to submit by July 1, 2009 are the final three change orders they will submit for the project. 

The next regularly scheduled bi-monthly public MRC dredging subcommittee meeting will be held June 17, 10 AM, in the SFWMD regional service center, 2121 SW 3 Ave, 6th Floor.

B. Urban Infill Working Group (UIWG) – Chairman Buermann deferred to Mr. Brett Bibeau, MRC Managing Director, to provide an update since Urban Infill Working Group (UIWG) Chairman Jim Murley was unable to attend today’s meeting. Mr. Bibeau stated the next Urban Infill Working Group meeting will be held on June 9, 10 AM, at the United Way 3250 SW 3 Ave.

C. Greenways Subcommittee (GSC) - Greenways Subcommittee Chair Dr. Ernie Martin stated the Greenways subcommittee continues to make progress in implementing the adopted Miami River Greenway Action Plan, via the ongoing creation of a continuous, publicly accessible 10 -mile urban trail/linear park, from the mouth of the river to the Miami Intermodal Center near Miami International Airport (east to west). GSC Chair Martin noted the GSC also continues to work in partnership with Miami-Dade County, the City of Miami and FDOT to address any and all “gaps” located along the Miami River Greenway.

GSC Chair Martin stated progress is being made regarding improving the Miami Circle and deferred to Mr. Bibeau, Mr. Betancourt and Mr. Robert Weinreb, City of Miami, to provide additional information.  MRC Chairman Buermann noted the improvement of the Miami Circle is being conducted in two phases. MRC Chairman Buermann reported Phase I consists of the replacement of the collapsed seawall-which was recently completed- and the creation of a publicly accessible riverwalk at the site in addition to landscaping, benches, lighting, signage, a circular driveway and two parking spaces for maintenance staff. MRC Chairman Buermann stated he, Mr. Bibeau and Urban Infill Chair Murley, met with FDOT Secretary Gus Pego, Directors Rivera, Bravo and Donn on May 19 in support of continuing the Miami River Greenway from the Miami Circle site further to the west to proceed beneath the Brickell Bridge-as the Greenway already proceeds beneath the Brickell Bridge on the north shore and exists beneath both sides of FDOT’s 1 ST, Flagler, and 12 Ave Bridges over the Miami River-as well as providing parking beneath the Brickell Bridge.

MRC Chairman Buermann noted Phase II of the Miami Circle project consists of the “un-covering” of the Miami Circle, which is currently being protected from natural elements. Mr. Bibeau stated consistent with the directive of the MRC, he has scheduled a site visit with FDOT next week on the north shore of the Miami River, beneath the Brickell Bridge, to demonstrate the feasibility of constructing a similar riverwalk on the river’s south shore, so that the Miami Circle’s riverwalk can proceed further west beneath the Brickell Bridge and connect to adjacent properties.

Mr. Weinreb stated on May 28 the Miami-Dade County Shoreline Development Review Committee approved the planned Phase I Miami Circle improvements, which include the publicly accessible riverwalk from the Icon up to the east side of the Brickell Bridge, benches, lights, vehicular circle and 2 handicapped parking spaces.  Mr. Weinreb added the Historical Museum of South Florida is hosting a Public Meeting regarding the Miami Circle on Wednesday, June 3, 6-9 pm. GSC Chair Martin noted the Florida Department of State has applied to the City of Miami for a Class II Special Permit for their Miami Circle Phase I improvement plan, and the City of Miami’s Historic and Environmental Preservation Board will consider the item during their meeting tomorrow, Tuesday, June 2, City Hall at 3 PM.

Mr. Betancourt stated the Miami Downtown Development Authority provided a $25,000 cost share for the Miami Circle Phase I improvements. Mr. Bibeau thanked Mr. Spencer Crowley and FIND for their additional over $100,000 matching grant awarded in May for the Miami Circle Phase I improvements. MRC Chairman Buermann stated the City of Miami, Miami-Dade County and the South Florida Water Management District have expressed general support, subject to final approval, to potentially appropriate $50,000 cost shares each, which would fulfill the FL Department of State’s $250,000 - $350,000 shortfall for the estimated $750,000 in remaining Phase I Miami Circle improvements.

Mr. Betancourt moved a resolution that the Miami River Commission encourage and recommend the City of Miami, Miami-Dade County and the South Florida Water Management District contribute $50,000 each to match FIND’s grant in order to complete Phase I of the Miami Circle Improvements. The resolution was seconded by Ms. Megan Kelly, and unanimously adopted (12-0).

GSC Chair Martin stated it was gratifying to see the team - DDA, FIND and the MRC - working together to improve the Miami Circle.  Mr. Betancourt deferred his credit to GSC Chair Martin, Mr. Bibeau and Mr. Crowley, and Mr. Bibeau thanked the DDA and Mr. Betancourt for their tremendous support of the project. 

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of the month public meeting will be held June 10, 2 PM, 1407 NW 7 ST in the classroom.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude reported the City of Miami estimates completion of their design, permitting and public outreach for the Seybold Canal and Wagner Creek maintenance dredging and environmental clean-up project this summer, which cost the City of Miami $960,000.  Therefore the SSC is continuing to support the City of Miami’s efforts to secure the estimated $15 - $19 million shortfall from various potential cost share partners, in order to dredge this contaminated Miami River tributary, after the permits are issued to the City in September.  Ms. Jude thanked Chairman Buermann again for recommending FDEP Secretary Sole provide the Honorable Mayor Diaz’s requested $16.75 million in potential Federal Economic Stimulus funding to dredge Wagner Creek and the Seybold Canal.  

The next regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting will be held June 3, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

E. Economic Development and Commerce (EDC) – EDC Chairman Bruno Barreiro reported shortly after a concerning article was printed regarding Bertram Yachts potentially leaving the Miami River and South Florida, he, the Beacon Council and MRC Director Bibeau met with Bertram Yachts President Michael Myers.  EDC Chairman Barreiro noted when Bertram opened in that location in 1962, the largest boat it made was 32 feet, and today they are beginning to manufacture an 80 feet Bertram, which is too large for their current facility and will be challenging to launch with current depth of the Tamiami Canal and narrow navigable area while passing through the Tamiami Swing Bridge, before entering the Miami River.  EDC Chairman Barreiro stated Bertram’s President expressed the desire to sell their existing site at 3663 NW 21 ST, and purchase a new site, hopefully in Miami-Dade County, perhaps directly on the Miami River.  EDC Chairman Barreiro noted he offered to assist Bertram finding a new home in Miami-Dade County, and therefore preserve the local jobs they generate.  Dr. Bohnsack, Director of the Miami River Marine Group, stated Southern Caribbean Shipping Terminal located on the recently dredged Miami River is currently for sale, and Keyes Realty is the listed agent.  EDC Chairman Barreiro stated he informed Bertram’s President that a resolution authorizing the commencement of a public charrette for the Upper River, including Palmer Lake and the Tamiami Canal, would be brought before the Board of County Commissioners in June.  EDC Chairman Barreiro expressed his support of the maintenance dredging of the Tamiami Canal which would make it deeper, the replacement of the Tamiami Canal Swing Bridge, and the Miami Dade County Planning Department’s potential creation of a marine related plan for this upper river area.  Mr. Stuart-Aguirre asked how many individuals are currently employed by Bertram, and EDC Chairman Barreiro replied over 100 direct employees plus multiple suppliers. Mr. Carmichael asked if there was a proposed timeframe for their relocation, and EDC Chairman Barreiro replied not at this time.

III. New Business – The following items were discussed:

• On behalf of the MRC, Chairman Buermann presented Honorable Commissioner Bruno Barreiro with an appreciation plaque to thank Miami-Dade County for its cost-share support of the recent volunteer efforts to beautify the Miami River Greenway, as well as the County’s grant funding support of the free 13th Annual Miami Riverday Festival.
• Ms. Jude noted the riverwalk at Robert King High offers a wonderful opportunity to create a community garden to grow vegetables and/or fruit, foster education and awareness and instill a sense of neighborhood pride.  Mr. Bibeau noted he had discussed the concept with the RKH Miami-Dade Housing Manager of creating a community garden with the help of volunteers on May 16 - whom had expressed her support - yet regrettably the volunteer event had to be rescheduled at the last minute after being informed written approval from the Miami-Dade County Director of Housing needed to be obtained.  Mr. Bibeau noted he would like to obtain the written approval from the Housing Director to create a community garden at RKH, in order for volunteers at the next scheduled event on June 27 may conduct the 1st Phase of creating the recommended Community Vegetable and Fruit Garden, where volunteers whom work to create and maintain the garden would be eligible to harvest the fruit and vegetables it potentially produces in the future, free of charge.  Commissioner Barreiro offered his assistance in reaching out to the new interim Miami-Dade County Housing Director.
• On behalf of the MRC Stormwater Subcommittee’s Miami River Tributary / Canal Maintenance Dredging and Environmental Clean-Up Action Plan Task Force, Mr. Stuart-Aguirre stated Mr. Tom Kiman, a Miami River resident, kindly offered his 25-foot boat to tour the shallow waters of the Miami River’s tributaries in June.  Mr. Stuart-Aguirre stated during the Miami River tributary/canal inspection boat tour including Wagner Creek / Seybold Canal, Lawrence Canal, South Fork, North Fork, Tamiami Canal and Palmer Lake, pictures will be taken to document existing conditions.  MRC Chairman Buermann thanked Mr. Stuart-Aguirre and Mr. Kiman for their efforts.

MRC Chairman Buermann noted the next regularly scheduled first Monday of the month meeting is currently scheduled on July 6, two days after the 4th of July Holiday weekend, which may or may not affect obtaining quorum.

The meeting adjourned.

I. MRC Chair Report -  MRC  Chairman Eric Buermann entertained a motion regarding the MRC’s June meeting minutes. Vice Chair Phil Everingham made a motion to approve the MRC’s June 1, 2009 meeting minutes.  The motion was seconded by Mr. Robert Ruano and unanimously (11-0) adopted by the MRC.

On behalf of the MRC, Chairman Buermann thanked all of the generous volunteers and sponsors of the four recent Miami River Greenway beautification events held on June 27, July 25, August 10 and August 29, 2009. MRC Chairman Buermann noted the rotating powerpoint has images from the significant volunteer beautification projects on both shores along four different sections of the Miami River Greenway including creation of Phase I of the Miami River Vegetable and Fruit Community Garden, where volunteers whom maintain the area are able to harvest the free, fresh and healthy variety of vegetables and fruit including Mango, Avocado, Papaya, Jalapeno, Boniato, and Malanga.  In addition, MRC Chairman mentioned the volunteers made a rain barrel to capture rain to be reused to irrigate the community garden, and a compost to transform food scraps into rich soil for future use in the Community Vegetable and Fruit Garden.   Chairman invited the following volunteers and sponsors up to receive their plaques of appreciation and have a group photo.

• Leila Chang Ripich, Director of Hands on Miami, whom kindly provided over 50 volunteers from the Peace Corps on July 25
• The University of Miami kindly provided over 100 student volunteers on August 10 and August 29 and their representative will accept their plaque of appreciation during our October meeting
• Gregory Santin, Babson College Alumni Association, whom provided 20 volunteers for the June 27 creation of the Community Vegetable and Fruit Garden along the Miami River Greenway 
• Commissioner Barreiro and Miami-Dade County Housing Director Alex Ballina, whom provided funding for the volunteer projects and allowing the volunteers to create the Community Vegetable and Fruit garden at the riverwalk at the County’s elderly affordable housing in Robert King High; MRC Chairman Buermann welcomed Mayor Carlos Alvarez’s recently appointed new MRC designee, Mr. Tim Riera-Gomez, and asked him to accept the plaque on behalf of Miami-Dade County.
• Commissioner Joe Sanchez, Steve Wright and Robert Ruano on behalf of the City of Miami whom donated and helped plant some of the mango and avocado trees on June 27; Commissioner Sanchez thanked the MRC for their tremendous work and for the honor of partnering with them to create the first ever community garden along the Miami River
• John Rodgers whom designed and assisted in installation of the Community vegetable and fruit garden’s raised planter beds and rain barrel on June 27
• Patty Harris for teaching the volunteers appropriate planting techniques on June 27
• South Florida Water Management District for providing funding for MRC staff to coordinate and participate in the volunteer events; MRC Chairman Buermann asked Ms. Lucy Perez to accept the plaque of appreciation on behalf of the SFWMD
• Eagle Carriers for generously donating in-kind trucking and potting soil for the volunteers’ use in creating the raised beds vegetable and fruit garden; MRC Chairman Buermann noted Mr. Roland Perriera was unable to attend today’s meeting and had asked MRC staff to mail his plaque of appreciation

MRC Chairman asked the sponsors, volunteers and MRC board members and designee to join together to take a group picture.  MRC Chairman Buermann thanked everyone again for their continued strong support of the Miami River and stated he hoped to keep working in partnership with them for future volunteer Miami River Greenway beautification events.
MRC Chairman Buermann noted the Miami River Commission’s Executive Committee’s publicly noticed meeting was held just prior to today’s MRC meeting. MRC Chairman Buermann  stated the Executive Committee reviewed the Miami River Fund Inc’s Fiscal Year  2009 4th quarter financial report (April 1, 2009 – June 30, 2009).  In addition, the Executive Committee recommended conducting a Miami River Planning Retreat - perhaps in January of the coming year under the guidance of a professional facilitator to review the MRC’s future goals such as finishing the Miami River Greenway, addressing stormwater pollution, maintenance dredging and environmental clean-up along the Miami River tributaries, addressing waterfront issues, etc.  The first half of the proposed Miami River Commission Retreat will feature a Miami River Boat Tour.

MRC Chairman Buermann stated he was pleased to announce that last Thursday, September 10, 2009, the SFWMD Governing Board unanimously approved renewing the MRC’s $250,000 contract, and added that the SFWMD continues to express support of the MRC and its mission.

MRC Chairman Buermann stated the MRC was sponsoring an educational Miami River Boat Tour for the Greater Miami Chamber of Commerce on September 23, 9:30-11:45, departing from the middle of Bayside.  Chairman Buermann stated Mr. Bibeau would be narrating the tour, and mentioned he was looking forward to the event, as Mr. Bibeau always does a wonderful job of narrating Miami River boat tours.

MRC Chairman Buermann stated the MRC’s next regular meeting date is the first Monday of the month, yet due to Labor Day this month the MRC convened on the 2nd Monday of the month.  MRC Chairman explained that similarly, the 1st Monday in November is the day before a major election when some of the MRC’s members may not be able to attend, and since this meeting site is used as a voting location, the MRC will convene the November meeting on the 2nd Monday, November 9.

MRC Chairman thanked Mr. Horacio Stuart Aguirre, whom is leading the MRC’s Task Force to create the Miami River Tributary Maintenance Dredging and Environmental Clean Up Action Plan, as well as river resident Tom Kimen, for conducting a tributary inspection with MRC Director Bibeau.  MRC Chairman Buermann noted they had taken pictures of numerous sunken vessels, collapsed shorelines, hazards to navigation such as invasive trees which have fallen into the water, etc, which clearly indicate the dire need for the future projects.  Chairman Buermann added while inspecting the tributaries, Mr. Aguirre temporarily fell into the water.

MRC Chairman Buermann thanked Mr. Jay Carmichael, whom has been leading the Miami River Waterfront Issue List efforts.  MRC Chairman Buermann noted that several of the items on the list have been resolved, such as the removal of couple derelict vessels, and the MRC continues to work with property owners and or regulatory agencies on the outstanding issues.

MRC Chairman Buermann welcomed the MRC’s newest member, Mr. Tim Riera-Gomez, and thanked Mr. Robert Villar, whom volunteered for the last two years on the MRC as the Honorable Mayor Alvarez’s appointed designee. 

III. Review of the New Draft Department of State, Department of Management Services, the Historical Museum of Southern Florida and Glatting Jackson Miami Circle Master Plan, Phases I and II - MRC Chairman Buermann noted the Historical Museum of Southern Florida (HMSF) had recently held a groundbreaking ceremony for Phase I of the Miami Circle Master Plan and welcomed Mr. Spencer Crowley, Florida Inland Navigation District (FIND) Commissioner, whom provided an update of the Miami Circle.  Mr. Crowley stated page 8 of the distributed new Draft Department of State, Department of Management Services, the Historical Museum of Southern Florida and Glatting Jackson Miami Circle Master Plan, Phases I and II, features a rendition for Phase I (includes a publicly accessible riverwalk).  Mr. Crowley explained it’s been 12 weeks since the Department of Management Services (DMS) received approved design plans for Phase I of the Miami Circle Master Plan, but they have yet to submit this design information in order to obtain a building permit.  Mr. Crowley stated he had originally hoped to have Phase I completed by August 2009, or at least by the end of the year, but DMS recently indicated that the Miami Circle Phase I maybe completed by May 2010 with caveats that would further delay completion into the future.  Mr. Crowley stated he was disconcerted by this estimated extended timeframe, and noted it was important to have the City, County and State work together to have the Miami Circle Phase I commence and be completed and open to the public as soon as possible.  Mr. Crowley stated he had expressed his frustration and unhappiness to DMS regarding the Miami Circle’s Phase I lack of progress and hasn’t submitted building permit applications 12 weeks after the Design approvals were granted, and urged the MRC to support his efforts in contacting DMS, DOS and elected officials to ensure that the most diligent attention is paid to complete the Miami Circle Phase I project.  State Representative Luis Garcia stated he would contact Secretary Kurt Browning, as well as reach out to the Dade Delegation, in order to resolve this issue.  Mr. Mathew Monica, Chief of Staff for Representative Garcia, stated he has also been working on resolving the Miami Circle issue, and asked Mr. Crowley if he believed that is was solely the State “dragging its feet,” or if perhaps there seemed to be another reason for the delay.  Mr. Crowley replied that he believed the State was not acting with a sense of urgency to complete Phase I.  Mr. Monica stated construction of the funded riverwalk in Miami Circle Phase I should not be this difficult to complete.  Mr. Ruano stated the State is yet to submit the building permit application to the City of Miami for Miami Circle Phase I.
 
Ms. Sallye Jude stated it was important for the City of Miami to fast track local historic designation of the Miami Circle site to occur, so that the public is granted an opportunity to review the Miami Circle’s draft interpretative and architectural elements and provide their input during a public hearing of the City of Miami’s Historic and Environmental Preservation Board to consider a Certificate of Appropriateness for the newly proposed Phase II Miami Circle project.  Ms. Jude stated she didn’t like the newly proposed Miami Circle Phase II Plan.  Mr. Crowley suggested that Ms. Jude raise this issue with the HMSF, DMS and the City of Miami.  Mr. Crowley stated DMS is seeking $2.5 million from the Legislature in the upcoming fiscal year for Phase II, and Representative Garcia replied “good luck”. Mr. Robert Ruano asked who the designated project manager of the Miami Circle is, and suggested inviting that person to the next MRC meeting so that they could present a project timeline.  MRC Chairman stated he preferred to draft a letter on behalf of the MRC to submit to the appropriate state agencies. Mr. Monica stated he would work with Mr. Bibeau to draft the aforementioned sample letters to send DMS, DOS, etc.  Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, stated funding for Phase I is currently in place, thanks to FIND, SFWMD, Downtown Development Authority, City of Miami and the State of Florida.  Dr. Martin thanked Mr. Crowley for coordinating the effort to bring everyone together to express a sense of urgency to the State, as it is obvious the State still perceives the Miami Circle as a regular construction project. Dr. Martin stated the proposed plans for Phase II-in his opinion-borders on redevelopment and therefore should be reviewed locally by the City of Miami’s Historic & Environmental Preservation Board (HEP) for a Certificate of Appropriateness, as the Miami Circle is a sacred site.

Dr. Martin moved a resolution to 1) establish a deadline to complete Phase I of the Miami Circle no later than the end of the year and; 2) locally designating the Miami Circle a historic site so that local review of the recently proposed “Phase II” Miami Circle plans can be interpreted by the public and the City of Miami’s Historic & Environmental Preservation Board. The resolution was seconded by Ms. Sallye Jude and unanimously adopted by the Miami River Commission, 12-0.

State Representative Garcia asked if there was anyone representing the HMSF and or DMS present at today’s meeting, and Mr. Bibeau replied they had been notified of the meeting but were not in attendance.  Mr. Bibeau stated the MRC had formulated an advisory recommendation regarding Phase I of the Miami Circle Master Plan in April 2009 and the Miami Circle has subsequently been discussed in the MRC’s May and June 2009 meetings (Mr. Bibeau noted the April-June 2009 meeting minutes have been provided to MRC board members). Mr. Bibeau stated Mr. Robert McCammon, HMSF, had attended the MRC’s Greenways Subcommittee meeting on August 25, 2009 and had provided an update of the Miami Circle. Mr. Bibeau referenced the following items of the GSC August 25, 2009 meeting:

• “Mr. Bibeau noted Phase I is anticipated to be completed no later than Spring 2010. Mr. Bibeau noted Phase I of the Miami Circle Master Plan includes construction of a publicly accessible riverwalk (with lighting, historic markers, landscaping, trees, benches, trash receptacles, etc.) at a maximum potential price of $750,000
• Mr. Bibeau noted the original Phase I plans depicted a riverwalk stopping estimated 30 yards east of the Brickell Bridge. Mr. Bibeau noted the MRC requested that the riverwalk be extended beneath the Brickell Bridge to continue west along the river’s south shore, and the Department of State had agreed to extend the riverwalk up to the bridge’s east side, subject to available funding. Mr. Bibeau noted there is currently estimated $600,000 available from the Florida Inland Navigation District and the Department of State for Phase I.  Mr. Bibeau added the Department of State has hired a contractor whom is currently seeking bids for Phase I of the project. As they have yet to receive any bids, they are unsure of the total cost of Phase I.  Mr. Bibeau explained that in a perfect scenario, the bids would come in at less than $600,000, and no additional money would be needed to construct a riverwalk up to the bridge for Phase I.  If however the bids come in at $600,000 or more, than the additional $150,000 needed ($750,000 from original estimate - $600,000) could potentially be provided by the South Florida Water Management District, Miami-Dade County and the City of Miami ($50,000 each) as recommended by the MRC during their June 1, 2009 public meeting.
• Mr. Bibeau distributed copies of the “Bridge Element” site plan/rendering of Phase II of the Miami Circle Master Plan, created by Glatting Jackson Kercher Anglin. Mr. Bibeau noted the “Bridge Element” is an elevated pedestrian staircase proceeding in an east/west direction from the Brickell Bridge and connecting to a staircase which heads down towards the Miami Circle site. Mr. Bibeau noted the staircase does not appear to be ADA-compliant, nor is it bicycle-friendly. Mr. Bibeau explained beneath the 2-3 story structure created by the staircase proposes a concession area for the HMSF to sell merchandise, food and beverages, as well as a restroom. Mr. Bibeau noted the HMSF had given the impression that both these elements would only be open to the public when the HMSF was providing paid tours of the Miami Circle.
• In an effort to clarify any potential misconceptions, Mr. Bibeau stated he had emailed Mr. Robert McCammon, Director of the HMSF, and asked for clarification as to when the bathroom would be open to the public, to which Mr. McCammon replied that he had “no idea” as to when the facility would be open
• Mr. Bibeau stated the Secretary of State is requesting from the Legislature next session $2.5 million for the taxpayers to build Phase II of the Miami Circle Master Plan. Mr. Bibeau reminded the GSC of the MRC’s previous position of preserving the ancient green space of the Miami Circle, and have any accessories (i.e. restrooms, concession stands, parking, etc.) tucked beneath the bridge as reflected in the MRC’s April 6, 2009 meeting minutes
• Mr. Bibeau noted the Florida Department of Transportation (FDOT) had recently agreed to vacate the storage area beneath the Brickell Bridge in FDOT public right of way and lease that space, essentially free of charge, to the City of Miami to extend the riverwalk to the west beneath the Bridge and provide paid public parking.  Mr. Bibeau therefore proposed that the area beneath the Brickell Bridge could incorporate parking in partnership with the Miami Parking Authority, the riverwalk extension proceeding beneath the bridge to the west, restrooms and “portable” concession stands, which would save the tax payers millions of dollars from having to build the proposed walkway/staircase structure for a restroom facility and concession area.  Mr. Bibeau added it may also prove to be a difficult task for the HMSF-who already has a museum located miles away in downtown and is potentially considering building another new facility in Bicentennial Park - to fund staff that would maintain and operate the proposed concession and restroom facility on a daily basis, as well as during paid historical tours.  Mr. Bibeau noted that once FDOT vacates their storage beneath the Brickell Bridge and a lease is issued to the City of Miami, they would need funding to conduct improvements beneath the bridge which maybe made available if the bids for the Miami Circle Phase I project comes in at $600,000
• Dr. Martin expressed support of Mr. Bibeau’s suggestion of utilizing the area beneath the Brickell Bridge for parking, portable concession stands and restroom facilities, as well as the MRC’s previous positions, and agreed to forward this information to the MRC for further discussion   

State Representative Garcia expressed his concern that the allocated $750,000 for Phase I of the Master Plan may be lost or reprogrammed if not used in a timely manner. In addition, Representative Garcia expressed concern over commercializing the Miami Circle site via constructing a concession stand on the ancient graveyard site, noting it would be as inappropriate as developing a McDonalds in Woodlawn Cemetery.  Mr. Ruano suggested the MRC Chairman mail letters forwarding the MRC position to the State of Florida and Ellen Ugucionni, City of Miami Preservation officer.  MRC Chairman Buermann suggested engaging Governor Crist on the Miami Circle issue, and noted the Miami Circle as a major community priority. MRC Chairman Buermann thanked Mr. Crowley for his efforts and leadership.

II. Designation of the Portion of the Miami River Greenway as a Part of the East Coast Greenway - Dr. Martin deferred to Mr. Bibeau to provide a report, and Mr. Bibeau cited page 3 of the Greenways Subcommittee August 25 meeting minutes in which he noted that the “East Coast Greenway Alliance-a Rhode Island-based non-profit organization spearheading the development of a 3,000-mile trail system from Canada to Key West, while linking all the major cities along the eastern seaboard- wished to partner with the Miami River Commission to designate a portion of the Miami River Greenway along the following proposed route: connect the southern terminus of the baywalk at Bayfront Park to the Hotel Intercontinental Hotel, head west to connect to the start of the Miami River Greenway on the river’s north shore at One Miami and continuing west to the South Miami Avenue Bridge (along existing riverwalks at Epic, beneath the Brickell Bridge, past the Hyatt, James L. Knight Convention Center, River Park Hotel, Bijan’s Seafood Restaurant, the historic Flagler Workers House, Fort Dallas Park, beneath the Metro Mover at the Riverwalk station and past One Riverview Square). The route would then proceed over the South Miami Avenue Bridge (to river’s south shore) and follow the sidewalk on the street one block west to intersect with the M-Path before continuing south.” Mr. Bibeau stated the minutes reflect GSC Chairman Martin recommended the Miami River Commission endorse the proposed designation of the aforementioned small portion of the Miami River Greenway as part of the East Coast Greenway.

Mr. Bibeau noted he had informed the East Coast Greenway Alliance of the MRC’s two-step process, which involves firstly obtaining a recommendation from the Subcommittee Chair regarding the presented concept-in this case the Greenways Subcommittee Chair Ernie Martin recommended approval, which is then forwarded to the full Miami River Commission board whom would then vote to create the MRC’s advisory recommendation regarding the East Coast Greenway Alliance’s suggestion / offer to designate the aforementioned section of the Miami River Greenway as a portion of the East Coast Greenway. If approved by the MRC, Mr. Bibeau noted MRC staff would complete and submit the requested East Coast Greenway Trail Designation application and Trail Management Information, and the East Coast Greenway Alliance would render a decision to designate the proposed Miami River Greenway path at their next meeting on November 7 and 8. 

Mr. Bibeau noted he had been expecting either Mr. Eric Weiss, Trail Program Coordinator, or Mr. Herb Hiller, to make a presentation on this item today, but neither were present. Dr. Martin noted this proposed route would be a crucial link to get from the baywalk to the M-Path.  Dr. Martin moved a resolution to endorse the proposed designation of the small portion of the Miami River Greenway as part of the East Coast Greenway; the resolution was seconded by Vice Chair Phil Everingham.

Vice Chair Phil Everingham asked if the owner(s)/those legally responsible for the Miami River Greenway would serve as the entity completing the required East Coast Greenway designation documentation, and Mr. Bibeau stated he had explained to the East Coast Greenway Alliance that 1) the MRC does not own nor is legally responsible to maintain the greenway; and 2) the MRC advocates on behalf of the Miami River Greenway in a non-binding advisory capacity, provides volunteer beautification events along the Miami River Greenway, coordinates the annual Miami Riverday festival along the Miami River Greenway; to which the East Coast Greenway Alliance asked the MRC to submit the requested documentation anyway.

Mr. Ruano stated he would like to amend the aforementioned motion as followed: endorse the proposed designation of the small portion of the Miami River Greenway as part of the East Coast Greenway, subject to no objection from the city, county and private sector; Mr. Carmichael also recommended adding the following language subject to consistency with the expectations presented in the Miami River Greenway Action Plan.

Commissioner Bruno Barreiro suggested exploring potential routes with Miami-Dade County, and Mr. Bibeau explained that the aforementioned proposed route had been selected based on currently constructed greenway portions along the Miami River. Dr. Martin stated he would like to pull his original motion and defer the item to the October MRC meeting when hopefully a representative of the East Coast Greenway Alliance may attend to present their proposal.

IV. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chair Eric Buermann provided the following report: “Miami-Dade County approved maintaining their Miami River Maintenance Dredging and Environmental Clean Up Project’s Federal FY ’10 $11 million appropriation request as a partial reimbursement for the extra funding provided by some of the local cost share funding providers, which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each, in order to complete the project under the 5 year contract and flat rate cost established in 2004.  The potential incoming non-guaranteed refunds (up to $21 million) should be split and pro-rated between the three local agencies based on the percentages of their provided extra funding.  I called Army Corps Col Grosskruger to request the adopted FY’ 09 Federal omnibus bill’s over $10 million for the project be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  In addition, I requested the Army Corps return all estimated $16 million in leftover extra local provided funding, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted $16 million in change orders from alternate federal funding sources.  The Army Corps of Engineer’s must consider, reject, or pay out, their contractors submitted $16 million in requested changer orders, prior to closing out the project accounts, which is required before providing any potential non-guaranteed reimbursement of the $21 million in extra local funding.

The next regularly scheduled bi-monthly public MRC dredging subcommittee meeting will be held September 16, 10 AM, in the SFWMD regional service center, 2121 SW 3 Ave, 6th Floor.

B. Urban Infill Working Group (UIWG) – Chairman Buermann deferred to Mr. Brett Bibeau, MRC Managing Director, to provide an update since Urban Infill Working Group (UIWG) Chairman Jim Murley was unable to attend today’s meeting. Mr. Bibeau stated the next MRC Urban Infill Subcommittee’s Public Meeting will be held in October and Agenda Items include Miami-Dade County’s Evaluation and Appraisal Report, FDOT’s Strategic Intermodal System Plan, AIA Conference including a special project along the Miami River. 

C. Greenways Subcommittee (GSC) - Greenways Subcommittee Chair Dr. Ernie Martin provided the following report: “the MRC is coordinating and co-sponsoring two major volunteer events this month.  On September 26 over 50 UM students will be volunteering to beautify the Miami River Greenway along North River Drive from Lummus Park to I-95, including plantings, litter removal, pulling weeds, and painting murals beneath the Flagler and 1 ST bridges.  On September 29, 200 volunteers will be featured on National Television’s Good Morning America show while working here at Robert King High, in partnership with Hands on Miami and Disney.  The volunteers will be doubling the size of the community vegetable and fruit garden, painting a mural, gazebo and corridor, picking up litter along the shoreline, and repairing the 8 shuffle board courts. I would like to thank the City of Miami for applying to a Federal economic stimulus TIGER grant for sufficient funding to complete the Miami River Greenway.  The City asked our Managing Director, Brett Bibeau, to help write the grant application, and asked Ashley Chase to assist in securing support letters from various groups, and MRC staff worked hard and long hours to meet all the City’s deadlines.  We will keep you informed of this significant potential grant funding, which if awarded would provide the City of Miami with sufficient Federal funding to complete the Miami River Greenway.”

The Greenways subcommittee’s next public meeting will be held October 14, 2 PM, 1407 NW 7 ST in the classroom.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude provided the following report “The City of Miami estimates completion of the design, permitting and public outreach for the Seybold Canal and Wagner Creek maintenance dredging and environmental clean-up project this summer, therefore we are continuing to support the City of Miami’s efforts to secure the estimated $15 - $19 million from various potential cost share partners in order to dredge this contaminated Miami River tributary after the permits are issued. 

The MRC continues to advocate for the renewal of funding for the Scavenger 2000 Water Decontamination Vessel’s services, consisting of $200,000 from the City of Miami for services in Citywide waterways, and $100,000 from Miami-Dade County for services in the Miami River.  Considering the austere budget year and need for major budget cuts, renewing this funding maybe difficult, in addition to renewing the County funding for annual free Miami Riverday and the Miami River Boat Tour program for students and community based organizations.”   

Mr. Carmichael asked if the estimated project cost of $15-$19 million would escalate, and Mr. Bibeau replied that DERM is still evaluating possible sediment disposal methods. Mr. Bibeau explained that if the sediments are trucked outside of the state, then it would be on the higher wide of the estimated scale. Mr. Bibeau noted CH2M Hill had provided the MRC with the revised Corrective Action Plan for Wagner Creek and Seybold Canal Dredging project, which had been brought to today’s MRC meeting for review. Mr. Carmichael asked for a funding status of the Wagner Creek and Seybold Canal Dredging project, and Mr. Bibeau replied that several alternatives are currently being sought including the City of Miami’s reoccurring Stormwater Utility fee, SFWMD, FIND, State, and Federal funding.

Mr. Carmichael asked if renewal of the Scavenger’s services is included in Miami-Dade County’s proposed FY 2010 budget, and Commissioner Barreiro replied not at this time. Mr. Bibeau stated he believed DERM is funded via its fees for services and fines and was informed they have a budget surplus of over $40 million, and asked Mr. Lee Hefty, DERM, if DERM could assist in renewing the County’s $100,000 for the Scavenger which cleans the Miami River in sections of unincorporated Miami-Dade County.  Mr. Hefty replied that DERM’s surplus is generally EEL funding which would not be eligible for the Scavenger.  Mr. Robert Weinreb replied renewal of the Scavenger’s services is included in the City of Miami’s proposed FY 2010 administrative budget, as the City of Miami realizes their commitment to the recent SFWMD permit issued to them for bollards in the FEC slip-which required a condition to continue the Scavenger’s services.  Mr. Bibeau noted that if either the City’s $200,000 nor the County’s $100,000 is not renewed, the MRC is currently applying to the highly competitive NOAA grant, which if awarded would help fund the Scavenger’s services if awarded, although the application was denied the last two years.

The last regularly scheduled first Wednesday of the month Stormwater Subcommittee public meeting was held September 2, and our next public meeting will be October 7, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

V. New Business – The following items were discussed:

• Mr. Weinreb stated the City of Miami’s Public Works Department has sent out “Notice of Violation” letters to property owners with seawalls in disrepair, and noted he would forward the list of the 20+ property owners, including Neo Vertika, to Mr. Bibeau. Mr. Carmichael thanked the City for addressing seawalls and docks in terrible condition along the Miami River and asked what kinds and timelines of enforcement measures would be enacted by the City to bring the code violations into compliance, and Mr. Weinreb replied that he could not offer specifics at this time as this process is in its beginning stages.  Mr. Carmichael stated the City Code allows the City of Miami to fix the broken seawalls and or docks and place a lien on the property, although that is not where he is trying to get, it is in the law.  Mr. Weinreb stated he took his sail boat on the Miami River and took pictures of seawalls in poor condition and upon his return requested Brett Bibeau (whom did not attend the boat ride) to identify the addresses of the pictures he took and later submitted to the Public Works Department.  Dr. Fran Bohnsack, Miami River Marine Group, explained there is an older lady whom lives along the Miami River whose seawall had fallen into disrepair, and she unfortunately can not afford to fix it. Dr. Bohnsack asked what measures would be taken under this type of special circumstance, and Mr. Ruano noted there maybe a state fund available to assist private property owners with their seawalls, and agreed to provide additional information.

I. MRC Chair Report -  MRC  Chairman Eric Buermann provided a friendly reminder that since the first Monday in November is the day before a major election - when some of the MRC’s members may not be able to attend and the Robert King High meeting site is used as a voting location - the MRC will therefore convene the November MRC meeting on the second Monday of the month, November 8, at noon.

MRC Chairman Buermann thanked Horacio Stuart Aguirre, whom is leading the MRC’s Task Force to create the Miami River Tributary Maintenance Dredging and Environmental Clean-Up Action Plan, and River Resident Tom Kimen, for conducting a tributary inspection with MRC Managing Director Brett Bibeau.  MRC Chairman noted they had taken pictures of numerous sunken vessels, collapsed shorelines, hazards to navigation, invasive trees which have fallen into the water, etc, which clearly indicate the dire need for the future projects. MRC Chairman Buermann recognized Mr. Stuart-Aguirre, whom he noted had missed last month’s MRC meeting, to provide any comments. MRC Chairman Buermann noted Mr. Stuart-Aguirre had fallen into the river during the excursion, but was quickly retrieved.  Mr. Stuart-Aguirre joked that he found the water to be remarkably clean and fresh.

MRC Chairman Buermann stated that on September 23, the MRC sponsored a publicly open and free educational Miami River Boat Tour with the Greater Miami Chamber of Commerce.  MRC Chairman Buermann congratulated Mr. Bibeau for doing a fabulous job of narrating the boat tour, which was well-received.

MRC Chairman Buermann entertained a motion regarding the MRC’s distributed September meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s September 14, 2009 meeting minutes.  The motion was seconded by Vice Chair Phil Everingham and unanimously (12-0) adopted by the MRC.

IV. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chair Eric Buermann provided the following report: The Dredging subcommittee’s October public meeting minutes have been distributed. I continue to work with staff in support of obtaining the non-guaranteed $21 million refund for the extra local funding provided to successfully complete the Miami River Maintenance Dredging and Environmental Clean Up Project, of which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each.  The potential incoming non-guaranteed refunds (up to $21 million) should be split and pro-rated between the three local agencies based on the percentages of their provided extra funding.  I requested the adopted FY’ 09 Federal omnibus bill’s over $10 million for the project be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  In addition, I requested the Army Corps return the leftover extra local provided funding, estimated at $16 million, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted $16 million in change orders from alternate federal funding sources.  The Army Corps of Engineer’s must consider, reject, or pay out, their contractors $16 million in requested change orders, prior to closing out the project accounts, which is required before providing any potential non-guaranteed reimbursement of the $21 million in extra local funding.
MRC Buermann added that, as most of these efforts are being conducted outside of the publicly noticed bi-monthly DSC meetings, the DSC may not need to continue regularly scheduled meetings, rather only conduct publicly noticed meetings as necessary.  MRC Chairman stated he had received notification from the office of the Honorable Congresswoman Ileana Ros-Lehtinen that the House will vote this Thursday on potentially providing an additional $374,000 in FY ‘09-10’ (October 1, 2009 – September 30, 2010) of the non-guaranteed $21 million refund for the extra local funding provided to successfully complete the Miami River Maintenance Dredging and Environmental Clean Up Project. MRC Chairman stated he was pleased to hear this news, and would continue advocating for the remaining potential refund.

B. Urban Infill Working Group (UIWG) – UIWG Chair Jim Murley stated the Urban Infill Subcommittee’s public meeting will be held on October 20, 9 am at the Robert King High New Board Room. UIWG Chair Murley noted Mr. Subrata Basu, Miami-Dade County Assistant Planning Director, will be presenting an update of Miami-Dade County’s Evaluation and Appraisal Report. UIWG Chair Murley stated the American Institute of Architects will be hosting its annual meeting in 2010 at Miami Beach, and has selected the Miami River as their next legacy project.  UIWG Chair Murley added representatives of AIA have been invited to the UIWG’s October meeting to present an update of their project, and will provide a subsequent presentation to the MRC in November.  MRC Chairman explained the UIWG had formerly been responsible for reviewing proposed development projects along the Miami River, but as the real estate market has slowed down, they have focused their attention on projects such as Miami 21 which is preparing for second reading, transportation initiatives, etc.

C. Greenways Subcommittee (GSC) - Greenways Subcommittee Chair Dr. Ernie Martin stated the GSC did not meet in September - as he was out of town - and deferred to Mr. Bibeau to provide an update of the numerous volunteer events which took place along the Miami River Greenway.  Mr. Bibeau reported on the following MRC coordinated and co-sponsored volunteer events:

• September 26: over 50 UM students volunteered to beautify the Miami River Greenway along North River Drive from Lummus Park to I-95, including planting 66 plants, litter removal, pulling weeds, and painting marine life murals beneath the Flagler and 1 ST bridges
• September 29: over 200 volunteers were featured on National Television’s Good Morning America and Despierta America programs, while working here at Robert King High, in partnership with Hands on Miami and Disney.  The volunteers doubled the size of the community vegetable and fruit garden, planted 125 native plants, painted a marine life mural, painted the gazebo and outdoor corridor, picked up litter along the shoreline, repaired the 8 shuffle board courts installed new domino tables and picnic tables

Mr. Bibeau noted the MRC is coordinating and co-sponsoring three more volunteer Miami River Greenway beautification events this month:

• Sunday, October 11, 10-12:30 pm, an estimated 15 volunteers from UM
• Saturday, October 24, 10-1 pm, estimated 100 volunteers from Florida International University
• Saturday, October 31, estimated 50 volunteers from UM

Mr. Bibeau added that as always, MRC Assistant Managing Director Ashley Chase will be emailing the MRC database an invitation to these volunteer Miami River Greenway beautification events, including specific locations, activities, and other details.

GSC Chair Martin stated he would again like to thank the City of Miami for applying to a Federal economic stimulus TIGER grant for sufficient funding to complete the Miami River Greenway.  GSC Chair Martin referenced an article regarding the extremely competitive TIGER grant program, which notes that 1,400 grant applications were submitted from all 50 states, requesting $57 billion, although only $1.5 billion is available to be awarded for innovative transportation projects that show significant economic and environmental promise. GSC Chair Martin added that although the grant competition is intense for the limited available funding, the City’s application for funding to complete the Miami River Greenway was extremely strong. Mr. Bibeau noted MRC staff has provided copies of the referenced article to all MRC board members and designees and noted that of the $57 billion in TIGER grants requested, more than half of the applications are for highway or bridge projects, with the rest of the applications focusing on transit, railroad, port infrastructure, multimodal or other investments.  Mr. Bibeau recognized Mr. Jose Gonzalez, City of Miami Transportation Coordinator, and thanked him-as well as the City of Miami Grants Department team and city staff-for their efforts in submitting the grant application.  Dr. Martin mentioned the City asked Director Bibeau to help write the grant application, as well as secure support letters from various groups. Mr. Bibeau reiterated that it is an extremely competitive process, but the City had a strong application which would hopefully result in $48 million being awarded from the federal government to the City of Miami to complete the Miami River Greenway and Overtown Greenway.

Mr. Bibeau stated that per the MRC’s direction during its September 14 public meeting, he had provided draft letters to the Honorable Representative Luis Garcia, the Honorable Miami City Commissioner Marc Sarnoff, the Downtown Development Authority and MRC Chairman Buermann to Florida Department of State Secretary Kurt Browning and Florida Department of Management Services Secretary Linda South, recommending completion of the Miami Circle Phase I improvements before the end of this calendar year. Mr. Bibeau stated he is aware of at least three letters which have been signed and sent thus far from Commissioner Sarnoff and Chairman Buermann.  In addition, Mr. Bibeau noted that-per the recommendation of the MRC- one of the letters is from MRC Chairman Buermann to Ms. Ellen Uguccioni, City of Miami Historic Preservation Officer, recommending that the City of Miami designate the Miami Circle a historic site at the local level, thereby requiring a Certificate of Appropriateness for any potential “Phase II” Miami Circle improvements. Greenways subcommittee Chairman Martin noted this effort is consistent with the resolution passed by the MRC at last month’s meeting.  MRC Chairman Buermann noted his letter to Florida Department of State Secretary Kurt Browning and Florida Department of Management Services Secretary Linda South, on behalf of the MRC and the SFWMD  (whom has already contributed $50,000 to the Miami Circle project), requested they move the Miami Circle project along.  Mr. Robert Ruano asked for a copy of the Chairman’s letters, which MRC staff stated they would be happy to provide.

The Greenways subcommittee’s next public meeting will be held October 14, 2 PM, 1407 NW 7 ST in the classroom.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude provided the following report:
The MRC thanks the City of Miami for renewing their contract and $200,000 in FY ’10 for the Scavenger 2000 Water Decontamination Vessel’s services Citywide, including only 5 hours per week along the Miami River, which the contractor provides free of charge.  Miami-Dade County included 70% of last year’s funding for Community Based Organizations, therefore the Mayor’s designee is exploring if considering last year the County provided $100,000 for the Scavenger services along the Miami River, perhaps in FY ’10 it will receive $70,000 for continued Scavenger services. 

Vice Chair Phil Everingham asked what quantity of services the Scavenger is currently providing, and Mr. Bibeau replied that Miami-Dade County provided $100,000 during the last fiscal year (through September 30, 2009) for Scavenger services.  As required by the County contract, the Scavenger vessel performed enough hours and services to expend all $100,000 before the September 30, 2009 deadline, which was accomplished via 5 to 6 days per week along the Miami River (considering contract executed and funding received in May 2009 when services commenced and completed by 9/30/09, which was essentially half a year).  Mr. Bibeau noted that money has been expended and added the Mayor’s designee is tracking whether or not the Scavenger will receive an additional $70,000, which is 70% of last year’s amount, for the current Fiscal Year (October 1, 2009 – September 30, 2009).  Mr. Bibeau noted Lee Hefty, DERM, informed him that DERM Director Carlos Espinosa had asked Mr. Bibeau to call him regarding potentially utilizing Stormwater Utility Fees to fund Scavenger services, which Mr. Bibeau noted operates at times in the unincorporated Miami-Dade County portion of the Miami River.  Mr. Bibeau noted he had left a voicemail for Mr. Espinosa this morning.  Mr. Bibeau stated Ms. Marina Blanco-Pape of DERM is present at today’s meeting, and asked her if she had any updates, to which she replied no. Mr. Ruano asked for the status of the City’s contract with the Scavenger, and Mr. Bibeau replied the City renewed their $200,000 contract and funding, and the Scavenger is anticipating to receive a Notice to Proceed to commence work any day now.  Mr. Bibeau added that as part of the City’s contract, the only services along the Miami River are the 5 free hours per week on the Miami River provided by the Scavenger.  Mr. Weinreb indicated the City’s annual $200,000 are for Scavenger services in Biscayne Bay, including but not limited to the FEC Slip. 

Mr. Horacio Stuart-Aguirre stated the Scavenger does a terrific job of not only removing litter and debris from the waterway but leaving the water very biologically clean by running the water through an internal decontamination system, and injecting oxygen into the water.  Mr. Stuart-Aguirre added thanks to the effective Scavenger Water Decontamination vessel services, the waterways along the river and its tributaries are remarkably cleaner.   

The next Stormwater Subcommittee’s regularly scheduled 1st Wednesday of the month public meeting will be held October 7, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

II. Designation of the Portion of the Miami River Greenway as a Part of the East Coast Greenway – Dr. Martin stated the MRC had discussed last month potentially recommending approval of the East Coast Greenway Alliance’s request to designate a small portion of the Miami River Greenway as a part of the East Coast Greenway Alliance’s national greenway trail project. Dr. Martin stated the East Coast Greenway Alliance (a Rhode Island-based non-profit organization spearheading the development of a 3,000-mile trail system from Canada to Key West) had asked for the Miami River Commission’s advisory recommendation regarding their desire to designate a portion of the Miami River Greenway along the following proposed route: connect the southern terminus of the baywalk at Bayfront Park to the Hotel Intercontinental Hotel, head west to connect to the start of the Miami River Greenway on the river’s north shore at One Miami and continuing west to the South Miami Avenue Bridge (along existing riverwalks at Epic, beneath the Brickell Bridge, past the Hyatt, James L. Knight Convention Center, River Park Hotel, Bijan’s Seafood Restaurant, the historic Flagler Workers House, Fort Dallas Park, beneath the Metro Mover at the Riverwalk station and past One Riverview Square). The route would then proceed over the South Miami Avenue Bridge (to river’s south shore) and follow the sidewalk on the street one block west to intersect with the M-Path before continuing south.

Dr. Martin deferred to MRC Chairman to provide additional input. MRC Chairman Buermann stated it was his understanding that there is no financial impact or downside to the MRC recommending approval of the East Coast Greenway Alliances request to designate this small portion of the Miami River Greenway, considering the East Coast Greenway Alliance will pay to have their signs installed and maintained along the proposed short portion of the larger Miami River Greenway.  In addition, MRC Chairman Buermann noted this effort will help the Miami River Greenway obtain national recognition, similar to the Appalachian Trail.  MRC Chairman noted the representatives of the East Coast Greenways Alliance, Eric Weiss and Herb Hiller, do not live in Miami and were therefore not able to attend today’s meeting. MRC Chairman Buermann noted the MRC’s September 14, 2009 meeting minutes, in which this item was discussed and deferred, as well as the Greenways Subcommittee’s August 29, 2009 review of this item (which included Chairman Martin’s recommendation for approval) - were previously distributed and printed copies are before all MRC board members and designees today.  MRC Chairman Buermann asked Mr. Bibeau if there is a time factor associated with finalizing the MRC’s advisory recommendation and Bibeau replied the East Coast Greenway Alliance would like to consider the item at their next meeting on November 7.  Mr. Bibeau stated he had participated in a conference call with East Coast Greenway Alliance staff Mr. Weiss and Mr. Hiller on October 2, whom provided the following additional information in response to the questions posed and reflected in the MRC’s September 14 meeting minutes: The East Coast Greenways Alliance would hire, contract and fully fund the fabrication, installation and permitting of 4 small 3.5 inch by 9 inch signs with the East Coast Greenway name and logo to identify the continuing path of the East Coast Greenway.  The East Coast Greenway alliance would submit permit applications to Miami-Dade County, proposing three signs on Miami-Dade County public right-of-way, where the Miami River Greenway connects with the M-Path on SW 7 ST beneath Metro-Rail on the South Shore, and one sign on both shores of the County’s S. Miami Ave Bridge.  In addition, the East Coast Greenway Alliance would submit a permit application to the City of Miami / Bayfront Management Trust for one of their signs on the southern terminus of the Baywalk within Bayfront Park.  The East Coast Greenway Alliance pledged to maintain their signs in perpetuity.

MRC Chairman Buermann noted it would be pertinent for the MRC to formulate their advisory recommendation as requested by the East Coast Greenway Alliance, considering the East Coast Greenways Alliance meeting falls two days prior to the MRC’s next scheduled November 9 meeting.  MRC Chairman stated the Greenways Subcommittee August 25 meeting minutes reflect GSC Chairman Martin’s recommendation for the Miami River Commission to endorse the proposed designation of the aforementioned small portion of the Miami River Greenway as part of the East Coast Greenway.

Dr. Martin moved a resolution to recommend approval of the proposed designation of the small portion of the Miami River Greenway as part of the East Coast Greenway; the resolution was seconded by Mr. Tim Riera-Gomez.

Mr. Ruano stated that at the MRC’s September 14 meeting (in which this item was presented and discussed), he had recommended obtaining consensus from the city and county regarding the proposed, designated greenway route and asked if such consensus/agreement had been reached. Mr. Bibeau replied that the city and county representatives present at the last MRC meeting had been provided all information regarding this issue. In addition, Mr. Bibeau noted emails had been sent to Mr. Gonzalez which deals with Transportation issues for the City Manager’s office and county staff on the item.  Mr. Bibeau reiterated that the East Coast Greenway Alliance-and not the MRC-will be working with city and county representatives to obtain all necessary permits and final approvals for their proposed signs.  Mr. Ruano noted that at the September 14 MRC meeting, he had amended Dr. Martin’s deferred original motion (for the MRC to endorse the proposed designation of the small portion of the Miami River Greenway as part of the East Coast Greenway), to include language indicating that the MRC would not proceed until the city and county have been contacted and no objections are expressed regarding the proposed location. Mr. Bibeau replied representatives from the city and county have been notified and have not indicated any objections to the East Coast Greenway Alliance’s proposal, of which the City and County have the final decision in terms of whether or not to grant the East Coast Greenway Alliance’s permit applications.

Dr. Martin noted the proposed route is compatible with the City of Miami’s Bicycle Master Plan, which he noted would be discussed at today’s meeting (Agenda Item III). Dr. Martin noted the MRC had not necessarily engaged in a “sit down” with city and county representatives to review the proposed greenway designation route “foot by foot,” but was open to the possibility. Mr. Ruano stated it was not his intention to defer voting on this item to the next meeting, but instead wished to have a conversation with the city and county in an effort to establish consensus regarding the proposed route.  Mr. Bibeau asked Mr. Ruano whom he thought would be appropriate to contact at the city level, and Mr. Ruano suggested contacting representatives of MDX, City and County Public Works, and Assistant City Manager Bill Anido.  Mr. Tim Riera-Gomez suggested in addition contacting Miami-Dade County’s Transit Director Harpol Kapoor and Metropolitan Planning Organization Director Jose Luis Mesa and copy him on any correspondence.

Dr. Martin stated he would like to amend his original motion and moved a resolution to recommend approval of the proposed designation of the small portion of the Miami River Greenway, as part of the East Coast Greenway, subject to no objection from the city and county; the resolution was seconded by Mr. Tim Riera-Gomez and was unanimously adopted 12-0.

Mr. Gary Winston asked if the East Coast Greenway Alliance national trail was real or simply envisioned, and Mr. Bibeau replied it is a vision that is becoming real.  Mr. Bibeau clarified that it is his general understanding there are sections that currently exist and are designated and sections that they wish to designate.  Mr. Bibeau explained that the creation of the 3,000-mile national trail system is the sole mission of the East Coast Greenway Alliance, whom has asked the MRC for their advisory recommendation to support their desire to incorporate a small part of the Miami River Greenway as a part of their larger trail system.  Mr. Winston stated the concept sounded innocuous and asked how many portions have been designated thus far. Mr. Bibeau replied he was not sure, but stated it was his understanding the Miami River Greenway section would not be the first designated section of the East Coast Greenway.  Mr. Bibeau noted similar to the Miami River Commission’s staff of 2, he believes the East Coast Greenway Alliance maybe composed of a staff of two: Director Eric Weiss and Mr. Herb Hiller. Dr. Martin noted Mr. Herb Hiller is a long-standing Miamian and author, whom has written many books regarding national bike routes, “Bed and Breakfast’s”, etc, and is well-respected in the community.

III. Review of Draft Miami Bicycle Master Plan - MRC Chairman Buermann stated the Miami Bicycle Master Plan is a project very near and dear to the Honorable City of Miami Mayor Manny Diaz’s heart, and is an important project as it includes and compliments the Miami River Greenway system.  MRC Chairman Buermann noted MRC staff had reviewed the consultant’s draft plan and had identified certain “glitches” in the way the greenway was portrayed/described. MRC Chairman Buermann stated a copy of his unsigned draft letter addressed to the City Commission has been provided today to all MRC board members and designees. MRC Chairman Buermann stated the letter rightfully applauds the Honorable Mayor and City Commission for undertaking the important creation of a Miami Bicycle Master Plan, which is a critical alternate form of environmentally friendly transportation in our urban core.  Furthermore, MRC Chairman Buermann noted the draft letter before everyone includes his recommendation that the MRC find the provided 2nd draft Miami Bicycle Master Plan consistent with the Miami River Greenway Action Plan, with the following conditions which are attached to the positive letter:
Recommended Revisions to the Draft Miami Bicycle Master Plan

• Please include completion of the remaining 6.76 miles of the Miami River Greenway (3.24 miles of the Miami River Greenway constructed thus far) as included in the City of Miami’s Comprehensive Plan, and the City’s adopted Miami River Greenway Action Plan, in the 2nd Phase, 2015.  This will further support the City of Miami’s submitted and pending $48 million Federal TIGER grant application to complete the Miami River Greenway and Overtown Greenway as required in the potential Federal grant by 2012.
• Computer page 15 please insert the "City of Miami's Miami River Greenway Design Standards and Guidelines" which the City paid Kimley-Horn and Associates estimated $75,000 to create
• Computer page 147 please replace inaccurate “"Connecting the Miami River on street greenway along SW River Drive will also take political will, funding and time." with “The Miami River Greenway within Little Havana currently includes publicly accessible riverwalks in Jose Marti Park, Latitude on the River, Neo Vertika, several riverfront pocket parks, art in public places and the on-road Greenway from SW 2 Ave to NW 1 ST, and the remaining Miami River Greenway in Little Havana is fully funded by three FDOT grants ($3 million total) awarded to the City.  The City is finishing engineering documents which will be constructed next year, 2010, for the remaining section of on-road Miami River Greenway in Little Havana along South River Drive from NW 1 St to NW 12 Ave.”
• Computer page 149 please replace inaccurate caption and picture on top left entitled "Southwest River Drive's on street greenway improvements" with correct street name, “SW 3 Ave”, and a different picture that shows the expanded 8-10 foot wide on road Greenway along the Jose Marti Park baseball diamond and Gym, featuring benches, way-finding signage, trash cans, etc.
• Computer page 51 please delete #59 duplicate text in the incorrect 2015 phase because it appears correctly in the 2010 phase
• Computer page 21 please correct miles of completed Miami River Greenway to 3.24
• Computer page 141 please make Miami Circle site Green = Park
• Computer page 141 and 147 please correct green in Lummus Park to include riverfront side of North River Drive

MRC Chairman Buermann discussed Recommendation 3: “Connecting the Miami River on street greenway along SW River Drive will also take political will, funding and time." MRC Chairman Buermann explained a lot of sections of the Miami River Greenway have already been completed and funding is available to break ground on future Miami River Greenway sections, and it is therefore imperative for the greenway to be portrayed in a more favorable, positive light.

MRC Chairman Buermann stated Recommendation 1 requests that the Miami Bicycle Master Plan include completion of the remaining 6.76 miles of the Miami River Greenway (3.24 miles of the Miami River Greenway constructed thus far) as included in the City of Miami’s Comprehensive Plan, and the City’s adopted Miami River Greenway Action Plan, in the 2nd Phase, 2015.  Mr. Bibeau noted the 1st draft Miami Bicycle Master Plan put miles of incomplete Miami River Greenway to be constructed in the 4th and final phase of the plan’s implementation, scheduled for 2030, while the 2nd draft places a deadline of 2020. MRC Chairman Buermann noted that amending the estimated timeline to finish the Miami River Greenway to 2015 will further support the City of Miami’s submitted and pending $48 million Federal TIGER grant application to complete the Miami River Greenway and Overtown Greenway as required in the potential Federal grant by 2012.

MRC Chairman Buermann noted the remaining recommended revisions are quite minor. MRC Chairman Buermann deferred to Mr. Bibeau to provide additional information. Mr. Bibeau reported that on September 23, 2009, three days before the MRC mailer went out, the City of Miami’s Bicycle Coordinator, Colin Worth, emailed MRC staff the 108 page 1st draft Miami Bicycle Master Plan, and stated it would be considered by the City Commission on October 8, 2009. Mr. Bibeau noted City Commission resolution 00-320 requests the Miami River Commission provide the City Commission with a strictly advisory recommendation regarding any agenda item which impacts the Miami River.  MRC Chairman Buermann explained there was insufficient time after receiving the draft in late September for the Greenway’s Subcommittee to provide standard public notice prior to conducting a publicly noticed meeting, and was therefore unable to review the item. MRC Chairman Buermann stated that since today is the only previously scheduled MRC meeting between the MRC being notified of the item on September 23 and the City Commission’s consideration of the draft Miami Bicycle Master Plan on Thursday, October 8 (which impacts the Miami River Greenway), he placed the item on today’s MRC agenda to provide the MRC board an opportunity to create its advisory recommendation.  

On behalf of the City of Miami, Mr. Jose Gonzalez stated he appreciated the MRC’s “quick effort” to review and provide comments on the fast moving draft plan, and noted he would immediately try to meet with the City’s consultants in an effort to incorporate the MRC’s requested recommended revisions prior to this Thursday’s City Commission meeting.  Mr. Gonzalez added he believed the majority of the requested revisions could be incorporated successfully, yet others such as recommendation 1 involving amending the completion of the Miami River Greenway from 2020 to 2015 would need to be reviewed more closely as the plan’s components are working in context and coordination with the City’s Capital Improvement Program. MRC Chairman Buermann thanked Mr. Gonzalez for his efforts and for attending today’s meeting.

MRC Chairman Buermann stated unless someone would like to suggest an amendment to his presented positive draft letter with recommendations, he would like to entertain a motion to accept it. Dr. Martin stated the draft letter is very positive, as it commends the City for undertaking these important efforts to provide alternative transportation, and he supported accepting the draft letter with its attached recommendations.  Dr. Martin noted that as of August 31, he began an experiment to see if it’s feasible to get around Miami only with a bicycle and public transportation, and found that so far the mission has been surprisingly successful.  Dr. Martin agreed that the bike master plan should reflect the city’s efforts to date towards completing the Miami River Greenway by 2012, as required in the potential Federal Tiger grant.  Dr. Martin added the City of Miami Capital Improvements Department certified in the City’s application for federal Tiger Grant funding that the City was capable of expending the requested federal funding ($48 million to complete the Miami River Greenway and Overtown Greenway) by 2012.  Mr. Bibeau expressed concern that having sections of the Miami River Greenway in the draft 2020 phase may discourage the City from applying for Miami River Greenway sections in immediate future annual grant cycles such as FIND, FDOT, etc.  Mr. Gonzalez assured that the City will continue as planned to apply to the FDOT transportation enhancement grants, FIND grants etc. for the Miami River Greenway and prioritize efforts to complete the Miami River Greenway, irrespective of the Miami Bicycle Plan.  

Mr. Ruano moved a resolution to accept the MRC Chairman’s draft letter to the City Commissioners with one amendment to Recommendation 1: Completion of the remaining 6.76 miles of the Miami River Greenway (3.24 miles of the Miami River Greenway constructed thus far) as included in the City of Miami’s Comprehensive Plan, and the City’s adopted Miami River Greenway Action Plan, in the 2nd Phase, 2015, “subject to available funding.” The resolution was seconded by Javier Betancourt and was unanimously adopted 12-0.

V. New Business – No additional items were discussed.

The meeting adjourned.

I. MRC Chair Report -  MRC Chairman Eric Buermann stated MRC staff has submitted applications for and/or will be applying to the following grants for Fiscal Year 2009-2010:
Applied to:

• Elizabeth Ordway Dunn Foundation grant was submitted on September 15, 2009. $50,000 was requested to help implement the Miami River Basin Water Quality Improvement Plan via increasing the working hours of the Scavenger 2000 Decontamination Vessel services along the Miami River, and volunteer clean-up / beautification event preparation, supplies, materials, etc along the Miami River Greenway
• National Oceanic & Atmospheric Administration (NOAA) Marine Debris Prevention & Removal Program grant was submitted on October 30, 2009. $250,000 was requested to help increase the number of working hours of the Scavenger 2000 Decontamination Vessel along the Miami River, and volunteer clean-up / beautification event preparation, supplies, materials, etc along the Miami River Greenway
• Miami-Dade County – submitted on November 4, 2009 for $11,200 for Miami River Environmental Educational Boat Tours and volunteer clean-up / beautification event preparation, supplies, materials, etc along the Miami River Greenway

Preparing Applications for:

• Dade Community Foundation grant; will be submitted by November 16, 2009. $10,000 is being requested towards efforts to implement the Miami River Greenway Action Plan
• Environmental Protection Agency Environmental Justice Grant Program; Will be submitted by January 10, 2010. $10,000 is being requested to help fund environmental initiatives such as volunteer clean-up / beautification event preparation, supplies, materials, etc along the Miami River Greenway, Miami River boat tours, implementation of the Miami River Basin Water Quality Improvement Plan, as well as the development of the Miami River Greenway as a means of improving air and water quality
• Miami-Dade County Department of Cultural Affairs Community Grants Program (CG) and Tourist Development Council Grants Program (TDC); will be submitted on January 12, 2010 and January 21, 2010, respectively. A total of $25,000 ($10,000 from CG and $15,000 from TDC) will be requested to help fund the 14th annual Miami Riverday Festival
• Environmental Protection Agency Five-Star Grant Program; will be submitted by February 10, 2010. $40,000 is being requested to help increase the number of working hours of the Scavenger 2000 Decontamination Vessel along the Miami River, and volunteer clean-up / beautification event preparation, supplies, materials, etc along the Miami River Greenway

Mr. Jay Carmichael asked for the current status of funding for the Scavenger, and Mr. Brett Bibeau, MRC Managing Director, replied that the City of Miami had recently renewed its contract for the third year under the current 3 year agreement, for Scavenger services in Biscayne Bay. Mr. Bibeau explained that under that contract, the Scavenger provides five free hours per week along the Miami River. Mr. Bibeau added Miami-Dade County is exploring the potential to renew last year’s additional $100,000 for services solely on the Miami River. Mr. Bibeau noted a meeting has been scheduled between Miami-Dade County Department of Environmental Resources (DERM) Director Carlos Espinosa and Miami-Dade County Commissioner Bruno Barreiro to discuss the possibility of utilizing Stormwater Utility Fee dollars or any other potential funding sources for Scavenger services in the unincorporated portion of the Miami River.  Mr. Bibeau asked Mr. Lee Hefty, DERM, if he wished to provide any additional information on the matter, and Mr. Hefty concurred with Mr. Bibeau’s report.  MRC Chairman Buermann commended the services provided by the Scavenger, which successfully oxygenates and decontaminates the waterway while removing floatable debris, thereby helping to keep the river clean.

MRC Chairman Buermann reported that for the past several months, the MRC has discussed the new draft Miami Riverfront Issues List, which he noted he had renamed the “Miami River Voluntary Improvement Program” (VIP).  Although technically a public document, MRC Chairman Buermann stated the draft Miami River VIP hasn’t been distributed, nor has it been posted on the MRC website like meeting minutes, plans, reports, etc.  MRC Chairman Buermann explained the Miami River VIP initiative is an effort to address and improve clearly visible priority issues along the riverfront in the MRC’s advisory, clearinghouse and watchdog capacity, yet is separate and apart from any regulatory actions from other agencies.  MRC Chairman Buermann noted MRC board member Jay Carmichael has been working on the Miami River VIP, and will be providing updates on progress improvements made per the Miami River VIP.  MRC Chairman Buermann welcomed Mr. Carmichael, and asked if there were any VIP accomplishments he would like to report on this month. Mr. Carmichael reported that 1) The Florida Department of Transportation (FDOT) has provided shoreline stabilization via formatted concrete on the NW side of the NW 5th Street Bridge replacement project; 2) a derelict vessel on the river, which was once a night club, has been removed; 3) Miami-Dade County has removed graffiti on the 2nd Avenue Bridge.  MRC Chairman Buermann thanked Mr. Carmichael for his progress report and asked that any river-related issues be brought to Mr. Carmichael’s attention.

MRC Chairman Buermann stated Miami-Dade County DERM and the South Florida Water Management District (SFWMD) are meeting to reach consensus on ownership and maintenance responsibilities of the Miami River’s various tributaries and canals, and noted this information is a critical component for the MRC’s creation of the “Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Action Plan” under the leadership of Horacio Stuart Aguirre. MCR Chairman Buermann asked Mr. Stuart-Aguirre if he had any information to report. Mr. Stuart-Aguirre announced that he was pleased to send his greetings on behalf of City of Miami Mayor elect Tomas Regalado, whom he noted is eager to meet with the MRC and Chairman Buermann soon to continue the city’s initiative of supporting the Miami River.  MRC Chairman Buermann asked that Mr. Stuart-Aguirre send his best wishes on behalf of the MRC to Mayor Regalado, and noted he looked forward to meeting with him soon.

MRC Chairman Buermann entertained a motion regarding the MRC’s distributed October 5, 2009 meeting minutes. Mr. Gary Winston made a motion to approve the MRC’s October 5, 2009 meeting minutes.  The motion was seconded by Mr. Tim Riera-Gomez and unanimously (10-0) adopted by the MRC.

On behalf of the MRC, Chairman Buermann thanked all of the generous volunteers and sponsors of the four recent Miami River Greenway beautification events held on September 26, September 29, October 24 and October 31. MRC Chairman Buermann noted the rotating PowerPoint has images from the significant volunteer beautification projects on both shores along four different sections of the Miami River Greenway. Mr. Bibeau thanked Ms. Patty Harris for her help and support during the MRC’s volunteer events, and asked that she join him and MRC Chairman Buermann in presenting the appreciation plaques to the volunteers and sponsors. Chairman Buermann invited the following volunteers and sponsors up to receive their plaques of appreciation and have a group photo:

• Ms. Claire Heckerman of the University of Miami (UM) Butler Service Center. Mr. Bibeau noted UM had provided volunteers during H.O.P.E. service day, National Gandhi Day of Service, Freshmen Orientation Day and Hurricanes Help the Hometown; Ms. Heckerman accepted an additional plaque on behalf of the University of Miami’s School of Law for the August 11 H.O.P.E. Service Day
• Ms. Lucy Perez on behalf of the South Florida Water Management District which provided funding for the events
• Miami-Dade County Commissioner Bruno Barreiro and Mr. Timothy Riera-Gomez on behalf of Miami-Dade County; On behalf of the MRC Chairman Buermann and Mr. Bibeau thanked Miami-Dade County for their funding and assistance

Though unable to attend, MRC Chairman Buermann thanked the following remaining volunteers and sponsors, which included Florida International University, Disney, Hands on Miami, Florida Drawbridge, Inc, and Florida Wood Recycling.

III. Review of Miami-Dade County’s Creating Evaluation and Appraisal Report (EAR) of the Miami-Dade County Neighborhood and Comprehensive Plan - MRC Chairman Buermann welcomed Ms. Helen Brown, Miami-Dade County Department of Planning & Zoning, whom noted that MRC board members and designees had been provided copies of the Port of Miami River sub-element of the Miami-Dade County Neighborhood Comprehensive Plan. In addition, Ms. Brown noted that copies of the Miami-Dade County’s 2003 EAR related to the Port of Miami River sub-element and an estimated schedule for the process to create the EAR, which will lead to amendments in the County’s Comprehensive Plan, had also been provided and discussed at the MRC’s Urban Infill Working Group (UIWG) meeting.  Ms. Brown noted that after seven years, the County is required by State Statute to review its comprehensive plan and re-evaluate goals and objectives. Ms. Brown noted this task was last performed in 2003. Ms. Brown noted the County has had public input meetings which began in August and has disseminated copies of the Port of Miami River sub-element to various agencies and groups, including the Miami River Commission, in an effort to solicit additional comments. Ms. Brown noted that as of now, the primary focus of the Evaluation Appraisal Report (EAR) is appraisal, inventory, date analysis, the review of goals, objectives etc. Ms. Brown noted this document must be prepared by May 2010.

MRC Chairman Buermann deferred to UIWG Chair Jim Murley to provide an update of this item. UIWG Chair Murley reported that pages 3-4 of the distributed UIWG’s October 20, 2009 meeting minutes reflect the UIWG’s advisory recommendation of the Miami-Dade County Evaluation Appraisal Report. Vice-Chair Phil Everingham moved a resolution to adopt the following recommendations of the Miami-Dade County Evaluation Appraisal Report, as reflected in the UIWG October 20, 2009 meeting minutes; the resolution was seconded by Ms. Megan Kelly and was unanimously adopted (11-0).

• Page II-63, PMR – 1A., currently states “Miami-Dade County shall establish a marine industrial/commercial district along the banks of the Miami River west of NW 27 Avenue”.

EAR Recommendation: After Miami-Dade County Planning Department drafted the aforementioned district, it was not placed on the Board of County Commissioners agenda for consideration.  Therefore this item needs to be amended.
Recommended Future Ear Based Amendment to the County’s Comp Plan: PMR – 1A “Miami-Dade County shall establish promote actions which maintain and enhance a marine industrial activities /commercial district along the banks of the Miami River west of NW 27 Avenue”.

• EAR Recommendation:  Since the 2003 EAR and EAR based amendments, Miami-Dade County Transit made a written commitment to provide the Eminent Domain public right of way beneath and adjacent to the fixed 40 foot vertical clearance (where 75 foot is required) Metro-Rail bridge to the Miami Intermodal Center (MIC), for marine industrial uses upon completion of the bridge construction.

Recommended Future EAR Based Amendment to the County’s Comp Plan: Create a new section of the County’s Comprehensive Plan to reflect the Miami-Dade Transit written commitment to provide the Eminent Domain public right of way beneath and adjacent to the fixed 40 foot vertical clearance (where 75 foot is required) Metro-Rail bridge to the Miami Intermodal Center (MIC), for marine industrial uses upon completion of the bridge construction.

• Create a new section of the County’s Comprehensive Plan to reflect support for Water Borne transportation on the Miami River.
• Page II-64, PMR-2A

EAR Recommendation:  As requested in this Comp Plan section created in 2003, in 2007 the Miami-Dade Metropolitan Planning Organization and Miami River Commission retained Kimley Horn and Associates, which created the Miami River Corridor Multi-Modal Transportation Study
Recommended Future EAR Based Amendment to the County’s Comp Plan: PMR-2A, “Initiate a Implement the Miami River Corridor Multi-Modal Transportation Study with cooperation of all concerned agencies (i.e. County, City MPO, FDOT, MDX, US Coast Guard, etc.)”

• Page II-64, PMR-3A

EAR Recommendation: As requested in this section of the County’s Comp Plan, the Miami River Maintenance Dredging and Environmental Clean-Up Project was successfully completed in October 2008.
Recommended Future EAR Based Amendment to the County’s Comp Plan:  PMR-3A, “Miami-Dade County shall continue to place high priority on having the polluted sediments removed from the Miami River, tributaries and canals”

UIWG Chair Murley noted he would continue to keep everyone updated on the UIWG’s interactions with Miami-Dade County throughout the EAR process.

IV.  Review of Proposed FPL High Transmission Crossing of the Miami River - MRC Chairman Buermann welcomed Mr. Eloy Villasuso and Mr. Daniel Hronec of Florida Power & Light (FP & L) whom noted they had provided a PowerPoint presentation to the UIWG on October 20, 2009 regarding FPL’s submitted application to the FL Governor and Cabinet- consistent with the Power Plant Citing Act - for a boundary on the Miami River (with I-95 as the western boundary and SW 1 Ave as the eastern boundary) in which to place new High Transmission (230Kv) electric lines crossing the Miami River to connect the existing riverfront FPL power plant to the proposed Nuclear facilities in South Dade. The PowerPoint highlighted the following information:

• An estimated 3500 jobs will be provided at the peak of construction and 800 permanent jobs following construction
• Under the Power Plant Citing Act, FP & L is required to submit the preferred corridor alignment for this item (transmission lines) which will undergo an administrative hearing
• Proposing to build one single 230 KV transmission line in an overhead fashion on the south side of the river which will transition into a horizontal directional drill in order to eventually bring the transmission line underneath the river and into the substation
• Though exact boundaries/route have yet to be determined, the initial thinking is to have the line in the vicinity of I-95 for as much of the length of the proposed crossing as possible before transitioning it to the substation
• Power Plant Citing application was filed in June 2009; continuing to have public informational meetings; currently undergoing agency review and reporting process
• The proposed crossing location of the Miami River would be subaqueous, and the precise depth beneath the Federal Navigable Channel would be selected and permitted by the City of Miami, Army Corps of Engineer’s, United States Coast Guard, Florida Department of Environmental Protection’s joint agency Environmental Resource Permit (ERP) and may require private property easements within the boundary after the final boundary is approved by the State
• Agency and local government recommendations are now due in February 2010; alternate corridors are due April 2010
• Certification hearing is scheduled to take place in October 2010; final decision will be made in February 2011

Questions/Comments:

• MRC Chairman Buermann asked if there was any way to have the line proceed beneath / attached to I-95, and Mr. Hronec replied that the option would be explored further south
• Mr. Horacio Stuart-Aguirre asked if 230 KV translated to 230,000 volts, and Mr. Hronec replied yes; Mr. Horacio Stuart-Aguirre asked if there was a health risk for individuals in the surrounding area, and Mr. Hronec replied that FPL is required to submit reports regarding transmission lines of all voltages to the Florida Department of Environmental Protection (FDEP) which measures the electric and magnetic fields; In addition, FP &L must abide by state standards and regulations and must demonstrate that the electric and magnetic fields produced by the transmission lines are way below the maximum power flow
• Mr. Stuart-Aguirre asked for the diameter of the area to be drilled, and Mr. Hronec replied that the ballpark diameter of both boreholes is 3 feet. The two parallel boreholes will be spaced approximately 15-20 feet apart. Mr. Stuart-Aguirre asked how deep below the river’s bottom would be drilled and Mr. Hronec replied this still needed to be determined, yet noted that FP & L must conform to the U.S. Army Corps of Engineers requirements
• Mr. Carmichael asked if the river would need to be closed to accomplish this task, and Mr. Hronec explained that construction of the proposed subaqueous line would be done entirely on land without any barges in the Miami River, and no obstructions to navigation.
• Mr. Gary Winston asked if there are currently any transmission lines that run beneath the river, and Mr. Hronec replied yes, and no operational problems have been reported for these lines
• Mr. Manny Prieguez asked if the proposed transmission lines are comparable in size or functionality to any of the current ones along the river, and Mr. Hronec replied that the existing lines are half the voltage, and now less impact since horizontal directional drilling techniques have evolved over time
• Mr. Stuart-Aguirre asked if there were any hypothetical reasons for opposing this proposal, and Mr. Hronec replied a possible concern would be aesthetic impacts or change
• Mr. Carmichael asked if the transmission line would impact vessel navigation or operation, and Mr. Hronec replied no, as FP & L will be abiding by clearance requirements as required and permitted by the Army Corps and US Coast Guard
• Mr. Robert Weinreb, City of Miami, asked for the lifespan of an underground line, and Mr. Hronec replied existing lines have already lasted 40-60 years, therefore longer
• Mr. Winston asked if FP & L would acquire any easements, and Mr. Hronec replied yes, where possible
• Commissioner Barreiro stated FP & L should seriously consider burying all cables, over time, especially in the downtown areas, which reduce power outages and repair expenses from pole operations after Hurricanes

MRC Chairman Buermann deferred to UIWG Chair Murley to provide a report on this item. UIWG Chair Murley stated the UIWG reviewed the proposed area and potential impacts of this item on October 20, 2009 and their advisory recommendation is reflected on page 2 of the distributed meeting minutes:  “UIWG Chair Murley recommended the MRC recommend the actual proposed route within the proposed boundary for the FPL High Transmission subaqueous line go underground south of SW 6 ST on the west and south of SW 7 ST on the east, in order to avoid new above ground utility lines on the Miami River Greenway, Jose Marti Park, Latitude on the River Mixed Use Development, Neo Vertika Residential, Finnegan’s River Restaurant, Waxy O’ Connors Restaurant, etc.  In addition the proposed subaqueous line should be the depth beneath the Federal Navigable Channel as required by the US Coast Guard and Army Corps of Engineers.”  UIWG Chair Murley added he focused on the riverfront area within FPL’s presented potential location box, and Mr. Villasuso replied a river crossing is required, and if alternate potential crossing locations outside of the presented box are identified, FPL would return to the MRC.  Mr. Winston suggested re-evaluating UIWG Chair Murley’s recommended proposed area and encouraged instead generalizing the riverfront boundary for the FP & L transmission line and deleting the specific site names.  Mr. Villasuso noted the more general component of the UIWG Chair Murley’s recommendation, “for the FPL High Transmission subaqueous line go underground south of SW 6 ST on the west and south of SW 7 ST on the east…”  Mr. Stuart-Aguirre asked if the location where the proposed FPL line transfers from above ground to underground includes a small structure, and Mr. Hronec replied yes, there is an overhead transition structure at that location. 

The MRC amended UIWG Chairman Murley’s suggested advisory recommendation as follows: The MRC recommends the actual proposed route within the proposed boundary for the FPL High Transmission subaqueous line go underground south of SW 6 ST on the west and south of SW 7 ST on the east, in order to avoid above ground utility lines on the Miami River Greenway and any riverfront parcels.  In addition, the proposed subaqueous line should be the depth beneath the Federal Navigable Channel as required by the US Coast Guard and Army Corps of Engineers.  The resolution was moved by Commissioner Barreiro, seconded by Mr. Winston, and was unanimously adopted, 11-0.

MRC Chairman Buermann noted the UIWG minutes reflected the FPL representatives agreed to these recommendations, and thanked FP & L for their presentation.  Chairman Buermann thanked FPL for relocating their existing lines to the appropriate depth beneath the federal navigable channel in order to finish the Miami River maintenance dredging project.

V. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chair Eric Buermann provided the following report: I continue to work with staff in support of obtaining the non-guaranteed $21 million refund for the extra local funding provided to successfully complete the Miami River Maintenance Dredging and Environmental Clean Up Project, of which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each.  The potential incoming non-guaranteed refunds (up to $21 million) should be split and pro-rated between the three local agencies based on the percentages of their provided extra funding.  I requested the adopted FY’ 09 Federal omnibus bill’s over $10 million for the project be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  In addition, I requested the Army Corps return the leftover extra local provided funding, estimated at $16 million, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted $16 million in change orders from alternate federal funding sources.  The Army Corps of Engineer’s must consider, reject, or pay out, their contractors $16 million in requested change orders, prior to closing out the project accounts, which is required before providing any potential non-guaranteed reimbursement of the $21 million in extra local funding.  In October we received an email from staff of the Honorable Congresswoman Ros-Lehtinen, noting the Army Corps of Engineers had loosely indicated their general intent and potential ability to reimburse $10 million towards the extra funding provided by the locals, yet we remain unaware of any final notice provided to date.

B. Urban Infill Working Group (UIWG) – UIWG Chair Jim Murley stated the MRC continues to advocate for its long standing request to include the Miami River as a Strategic Intermodal System (SIS) Waterway in FDOT’s SIS Plan, which is required to become eligible for potential additional State multi-modal transportation funding. UIWG Chair Murley noted the MRC’s 2005 letter with data, and subsequent 2007 Miami River Corridor Multi-Modal Transportation Plan, both of which found the Miami River exceeds the legal criteria to be designated a SIS Waterway, were recently resubmitted to FDOT for consideration.

UIWG Chair Murley noted the Miami City Commission adopted a new zoning code in October for the entire City of Miami, known as Miami 21, including all of the revisions previously recommended by the Miami River Commission.
 
The next MRC Urban Infill Subcommittee’s Public Meeting will be held November 20, 9 AM, at the Robert King High New Board Room.

C. Greenways Subcommittee (GSC) - Greenways Subcommittee Chair Dr. Ernie Martin provided the following report:

To date, 3.25 miles of the planned 10-mile Miami River Greenway has been constructed, using $26.1 million from 5 non-federal funding sources:  $7.5 million from a Miami-Dade County Bond issue, $6.1 million from a City of Miami Bond Issue, (both approved by the public at referendum), $8 million from the Florida Department of Transportation, $1 million from the Florida Inland Navigation District, and $3.5 million from the private sector.  The Miami River Greenway has fully funded and 90% complete construction documents estimated to complete .87 miles of new greenway sections to be constructed in 2010, and 1.01 additional miles to be constructed in 2011, leaving an estimated 4.87 miles of greenway still needing funding, design and construction which the applied for $40 million TIGER grant would fully fund and be constructed by the City of Miami by February 2012.

I’m pleased to report that in October the City Commission adopted the Miami Bicycle Master Plan, including the six MRC revisions recommended during the last MRC meeting.

Another update from the MRC’s October meeting, a letter from the East Coast Greenway Alliance is before you.  As directed by the MRC, staff offered to assist the East Coast Greenways Alliance in scheduling meetings with the City and County representatives suggested by the MRC.  The East Coast Greenway Alliance staff replied they would inform the MRC of when they will travel to Miami for the recommended meetings.

I recently conducted a site visit with the FDOT project manager for the 5 ST Bridge Replacement regarding the Miami River Greenway on the East Little Havana Side of the Bridge.  Currently the unacceptable Miami River Greenway route on the Little Havana side of the 5 ST Bridge, which is nearing completion,  forces the pedestrian and bicyclist to cross 4 vehicular streets, although FDOT never informed the MRC of this when they presented the 5 ST Bridge plans in July 2006 and January 2009.    Although there is sufficient room for the Miami River
Greenway to avoid vehicular traffic via proceeding beneath the Bridge, and an estimated 75% of the necessary public right of way for the recommended and safer route beneath the bridge which avoids crossing 4 vehicular streets, there is 555 square feet of additional needed Right of Way.  The Miami River Greenway currently proceeds beneath both sides of numerous FDOT bridges, Flagler, 1 ST, etc.  The private property owner of the additional 555 square feet needed to complete the beneath Bridge Greenway route is potentially willing to sell the needed area for market value or trade it for a portion of the area FDOT eminent domain from him a few years ago.  The MRC is appreciative of FDOT’s millions in awarded grant funding to the City of Miami to construct various sections of the Miami River Greenway, and I recommend the City of Miami and FDOT meet ASAP to work together to obtain the additional 555 square feet and construct the Miami River Greenway beneath the 5 ST Bridge on the Little Havana side, similar to the publicly accessible Miami River Greenway currently being constructed by FDOT beneath the opposite side of the 5 ST Bridge.  The FDOT project manager indicated this issue needs to be resolved no later than next month, because the project and contract are about to conclude.  FDOT is directing the City of Miami to use a different protocol to convene/formally request the meeting, and hopes this will be accomplished.  Pictures of the subject areas were distributed.
     
Per the MRC’s October recommendation, I would like to thank the City of Miami’s Historic and Environmental Preservation Board and Preservation Officer Ugucionni for scheduled preliminary local historic site designation for the Miami Circle on December 1, 3 PM, City Hall, and final designation on January 5, 2010, 3 PM, City Hall.

I thank the Honorable Rep Garcia and Spencer Crowley, Florida Inland Navigation District for writing the distributed letters to FL Department of State Secretary Browning, requesting completion of the Miami Circle Phase I improvements before the end of this calendar year.  MRC Chairman Buermann added he had also written Secretary Browning.

Dr. Martin passed around pictures he had taken during the October 31 University of Miami Hurricanes Help the Hometown volunteer event conducted at Robert King High.

The Greenways subcommittee’s next public meeting will be held here on November 13, at 1:30.

D. Stormwater Subcommittee (SSC) – MRC Chairman Buermann noted SSC Chair Sallye Jude was not present at today’s meeting and therefore deferred to Mr. Bibeau to provide an update. Mr. Bibeau provided the following report: “The Stormwater Subcommittee’s October public meeting minutes have been distributed. The regulatory agencies are having a major meeting this week where they plan to resolve all outstanding issues to permit the Wagner Creek and Seybold Canal maintenance dredging and environmental clean-up project.  The agencies have written the City of Miami that they expect to issue all permits for the project in less than 120 days.

The next Stormwater Subcommittee’s regularly scheduled 1st Wednesday of the month public meeting will be held December 2, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

E. Economic Development & Commerce Subcommittee- Commissioner Barreiro stated Miami-Dade County is commencing the Palmer Lake / Upper Miami River planning process this week, and added he has placed MRC Director Bibeau on the steering committee. Mr. Subrata Basu, Miami-Dade County, clarified that the first meeting of the Steering Committee, whom will begin organizing the planning process, will take place on Tuesday, November 10.  Dr. Bohnsack, MRMG, stated she had not been provided the notice of the meeting, and Mr. Basu stated the meeting was publicly noticed and the County would add Dr. Bohnsack to the notification system for future public Palmer Lake Plan meetings.  

VI. New Business - Mr. Horacio Stuart-Aguirre, whom is heading Mayor Elect Tomas Regalado’s transition team, stated an invitation to Mayor Elect Tomas Regalado’s swearing-in ceremony on Wednesday, November 11, 2009 has been distributed, and kindly asked that everyone provide him their RSVPs so that Mayor Elect Regalado can recognize any MRC board members and designees in attendance at the ceremony.

II. Review of American Institute of Architects Creation of a Catalyst Plan for the Miami River - MRC Chairman Buermann deferred to UIWG Chair Murley to provide an overview of this item, as it was presented during the UIWG’s October 20, 2009 meeting. UIWG Chair Murley stated that the AIA is hosting a major national convention in Miami on June 10-12, 2010. UIWG Chair Murley explained that as a part of the national convention, the AIA provides the host community with a “Catalyst” Plan, formerly known as a “Legacy” Project, and it was an honor to report that the AIA has selected the Miami River for their 2010 “Catalyst Plan,” partially due to its uniqueness, recently completed Miami River Maintenance Dredging and Environmental Clean-Up Project, and history of Miami River Plans and Studies.  UIWG Chair Murley introduced Mr. Subrata Basu, Miami-Dade County, and deferred to him to provide additional information. Mr. Basu stated he wished to obtain the blessing from the MRC to conduct interviews of Miami River stakeholders in an effort to obtain a sense of expectations and goals for the Miami River and commence the “Catalyst Plan”.  Mr. Basu then deferred to Mr. Joel Mills, American Institute of Architects (AIA), whom introduced volunteer team leader Antonio DiMambro, AD & A, and his daughter Ms. Giuliana DiMambro, AD & A, and presented a PowerPoint which provided a program overview.  Mr. Mills noted today’s meeting served as a preliminary visit, and it was their intention to collect as much information regarding objectives, initiatives, priorities and vision as possible for now and return a second time in March 2010 prior to charettes during the convention in June 2010, in order to create a succinct report and engage the community. As reported in the UIWG October 20, 2009 meeting minutes, “the 2010 AIA theme is “Design for the next decade.” Formerly an AIA “Legacy” Plan would be created by a “Regional Urban Design Assistance Team” (RUDAT) and now the AIA Miami River Corridor Catalyst Plan will be created by a “Sustainable Design Assistance Team” (SDAT), which is a broader spectrum of different experts, potentially including Universities, economic analysis, etc.”

MRC Chairman Buermann thanked the AIA for putting a spotlight on the Miami River. Chairman Buermann provided Mr. Mills with a collection of Miami River studies and plans to assist him in the AIA Miami River Catalyst Plan process.  UIWG Chair Murley stated the UIWG is available each month to further identify stakeholders, help organize the process and serve as a steering committee.

Vice Chair Everingham asked if the AIA has obtained government “buy-in,” and Mr. Mills replied that they are working on it and are planning to reach out to all major partners. Mr. Basu noted he is expecting the city and county to be partners.  Mr. Carmichael asked for the scope of the subject area, and Mr. Mills replied that it is generally the entire Miami River with a potential additional detail and focus on specific to be determined sections of the Miami River.  Dr. Fran Bohnsack, Miami River Marine Group, asked if the working river would be incorporated or featured somehow, and Mr. Mills replied it will be considered.

Mr. Stuart-Aguirre asked what motivated AIA to select the Miami River, and Mr. Mills replied that he and Mr. Basu had agreed the Miami River presented a lot of wonderful opportunities. Mr. Basu stated he had suggested focusing on the river because it is unique to Miami and has an educational value for other cities.

Mr. Mills introduced team leader Antonio DiMambro, whom he noted has a lot of experience with community participation and waterfront development. Mr. DiMambro stated he wished to make the river more livable, improve linkages via the Miami River Greenway and examine what similar cities have done to contribute to the success of their marine related economic engines and cargo transportation, as he sees the Miami River as a transportation highway.  Mr. Mills stated National AIA staff will be in Miami for three days to take a Miami River Boat Tour, interview stakeholders and fine tune the scope.

MRC Chairman thanked Mr. Mills, Mr. DiMambro and Mr. Basu for their presentation.   In response to the long meeting and noting perhaps some members and attendees needed to leave, the MRC adjourned the meeting prospectively in order to conduct the AIA requested public interviews with MRC Chairman Buermann, Vice Chair Everingham and Commissioner Barreiro.  MRC Chairman Buermann noted everyone was welcome to stay and participate, while those that needed to leave should feel free to do so as the remaining agenda items were concluded:

American Institute of Architects Interviews with Miami-Dade County Commissioner Bruno Barreiro, MRC Chairman Eric Buermann and MRC Vice Chair Phil Everingham, with additional comments provided by Dr. Fran Bohnsack, Executive Director of the Miami River Marine Group.
Commissioner Bruno Barreiro

• need to mix high density and commercial and marine industrial uses
• need assistance in permitting
• need to offer business opportunities

Chairman Eric Buermann

• preserve the Port of Miami River which generates needed jobs and international trade
• mixed use river

Vice Chair Phil Everingham

• three sections of the Miami River
• lower river, Bay to 5 ST Bridge, primarily downtown high density
• middle river - 5 ST to 22 Ave Bridges, mixed use, decreased density, low density historic neighborhoods, marine industrial businesses, civic center
• upper river – 22 Ave to the salinity dam, primarily marine industrial should be preserved, protected and tax assessed based on actual use

Fran Bohnsack

• Create a multi-modal, short sea shipping operation on the Miami River

Mr. DiMambro’s analysis of the Miami River

• outstanding assemblage of marine industrial venues
• water highway expand, flourish and coexist with residential uses in the appropriate sections of the Miami River

AIA team members will include experts in transportation, housing, waterway transportation, greenways, riverfront parks, etc

Meeting was adjourned.

I. MRC Chair Report – Mr. Richard Dubin made a motion to approve the MRC’s November 9, 2009 meeting minutes.  The motion was seconded by Vice Chair Phil Everingham and unanimously adopted.

MRC Chairman Buermann extended a warm welcome to Ms. Vilma Licea-Camejo, whom has replaced Ms. Elena Licea as designee of Ms. Sara Babun. MRC Chairman Buermann announced that Mr. Robert Ruano, whom had served as former Mayor Manny Diaz’s designee on the Miami River Commission, had emailed staff that he was leaving the City of Miami, and the MRC should expect the newly elected Honorable Mayor Regalado to appoint a new designee, as Mr. Ruano would no longer be serving as the City of Miami Mayor’s designee to the MRC.

MRC Chairman Buermann stated per the MRC’s enabling legislation, one member of the City of Miami Commission serves as a volunteer MRC board member, which since inception had been former City Commissioner Joe Sanchez.  MRC Chairman Buermann noted that during the December 10, 2009 City Commission meeting, the newly elected Honorable Commissioner Frank Carollo expressed a desire to volunteer on the Miami River Commission, and the City Commission appointed him to serve on the MRC.  MRC Chairman Buermann extended a warm welcome to the Honorable Commissioner Frank Carollo and stated he looks forward to working with him and any designee he may choose to appoint. Commissioner Carollo thanked Chairman Buermann and noted he looked forward to working with the MRC as well.

MRC Chairman Buermann stated he had reported last month that MRC staff had submitted applications for numerous grants, including but not limited to, a $50,000 request from the Elizabeth Ordway Dunn Foundation and to Miami–Dade County to renew the educational Miami River Boat Tours.  MRC Chairman Buermann stated staff has received notification from two of the pending grant applications, and would like to announce and thank the Elizabeth Ordway Dunn Foundation for awarding $10,000-of which $9,300 will be used for Scavenger Water Decontamination Vessel Services on the Miami River and $700 to charter an environmental and historic educational Miami River Boat Tour for local students.  In addition, MRC Chairman Buermann thanked Miami-Dade County which was able to maintain some funding in an austere budget year for the continued educational Miami River Boat Tours, from $34,000 last year to $11,200 this year.

MRC Chairman Buermann stated he was pleased to announce November’s success from the Miami River Voluntary Improvement Program (VIP) initiative, which was the removal of another derelict vessel, and thanked MRC board member Jay Carmichael for continuing to oversee the Miami River VIP initiative.

MRC Chairman Buermann reported that the Miami-Dade County Department of Environmental Resources Management (MD-DERM) and the South Florida Water Management District (SFWMD) are continuing to meet and conduct research in order to reach consensus on the ownership and maintenance responsibilities of the Miami River’s various tributaries and canals.  MRC Chairman Buermann explained this information is a critical component to complete the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Action Plan, under the leadership of Horacio Stuart Aguirre.

MRC Chairman Buermann respectfully recommended Miami-Dade County accept the offered two small private riverfront land donations and associated maintenance in order to complete the County’s fully funded and designed public Riverwalk connectors on both shores of the Metro-Rail. Mr. Brett Bibeau, MRC Managing Director, thanked MRC board member Tim Gomez for his engagement and support on the issue, and noted he would be meeting with him, City and County administrators, to address the matter on Wednesday and Friday of this week.

MRC Chairman Buermann noted staff distributed a sponsorship solicitation flier for the 14th annual Miami Riverday Festival, which will be held on Saturday, April 10, 2010 in Lummus Park.  MRC Chairman Buermann urged board members and meeting attendees to spread the word and contact Ms. Ashley Chase, MRC Assistant Managing Director, for sponsorship opportunities, as any and all support would be greatly appreciated. Mr. Jay Carmichael asked if the donations would be tax-deductible, and MRC Chairman Buermann replied yes, as all donations are made payable to the Miami River Fund, Inc., a 501c (3) non-profit organization.

MRC Chairman Buermann noted MRC staff distributed black and white copies of the 1st draft MRC 2009 Annual Report, prepared-as in previous years - by Mark Sell, Wragg and Casas, and graphic designer Toni Kirkland, whom have been working with MRC Subcommittee Chairs and staff.  Mr. Bibeau kindly asked that MRC board members and designees to submit any suggested revisions and/or changes to staff by the end of the week, so that it may be sent to the printers by early next week. Mr. Bibeau added the final version will be printed in full color on environmentally sensitive paper.

MRC Chairman Buermann stated the MRC’s Executive Board has reviewed and accepted the Fiscal Year 2009 Audit, as well as the Fiscal Year 2010 First Quarter Financial Report, both of which had been approved by the Miami River Fund, Inc. (MRFI) on November 24, 2009.  MRC Chairman Buermann stated the audit reflected that the Miami River Fund, Inc.’s finances are in good standing and thanked MRFI President Phil Everingham for his efforts.

MRC Chairman Buermann stated the MRC January meeting will be held again on the 2nd Monday of the Month-on January 11, 2010-at the Robert King High New Board Room, 1407 NW 7 Street, in order to provide a little additional cushion between New Years and the January MRC meeting.  MRC Chairman Buermann stated the purpose of the meeting, in part, is to conduct a MRC planning retreat to review the current MRC priorities of completing implementation of the Miami River Greenway, storm water system improvements, the Miami River Voluntary Improvement Program, maintenance dredging and environmental clean-up of the Miami River Tributaries, etc.

II. MRC Subcommittee Reports
A. Dredging Subcommittee (DSC) – Dredging Subcommittee Chair Eric Buermann provided the following report: “I continue to work with staff in support of obtaining the non-guaranteed $21 million refund for the extra local funding provided to successfully complete the Miami River Maintenance Dredging and Environmental Clean Up Project, of which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each.  The potential incoming non-guaranteed refunds (up to $21 million) should be split and pro-rated between the three local agencies based on the percentages of their provided extra funding.  I requested the adopted FY’ 09 Federal omnibus bill’s over $10 million for the project be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project.  In addition, I requested the Army Corps return the leftover extra local provided funding, estimated at $16 million.  A representative of the Dredging contractors recently informed Mr. Bibeau that the Army Corps of Engineer’s rejected the largest of the contractor’s $16 million in submitted change orders.  Therefore, theoretically, the Army Corps may have sufficient available funding to provide the non-guaranteed reimbursement of the extra funding the locals provided to cover the federal funding shortfall to complete the project on time and budget.  The contractors may appeal this decision by taking the ACOE to court, which may further delay the potential refund which may not occur during our tenure.

Mr. Horacio Stuart-Aguirre asked if the city and/or county would consider utilizing the same contractor as the Miami River Maintenance Dredging Project to dredge the tributaries and canals along the Miami River once legal ownership has been identified, and MRC Chairman Buermann replied that decision will have to be made by the sponsor of such project. MRC Chairman clarified that Miami-Dade County-not the Miami River Commission-served as the local sponsor of the Miami River Maintenance Dredging Project.

B. Urban Infill Working Group (UIWG) – MRC Chairman Buermann deferred to Mr. Bibeau to provide a report on behalf of UIWG Chair Jim Murley (whom arrived later in the meeting.)

Mr. Bibeau stated that, as noted on the last page of the Urban Infill Working Group’s distributed November 20, 2009 public meeting minutes, the Florida Legislature will be reviewing legislation to implement an adopted Constitutional Amendment, approved by voters, known as the “Working Waterfront Bill.”  Therefore, UIWG Chair Murley has recommended the MRC pass a resolution to support State legislation be adopted in order to implement the adopted Working Waterfront constitutional amendment, and include all types of working waterfronts, water dependant / marine industrial activities and uses, including but not limited to shipping terminals, tug boat basins, marinas, dry stacks, boatyards, marine repair, marine manufacturing, commercial fishing, etc. 

Mr. Richard Dubin moved a resolution to support State Legislation be adopted in order to implement the adopted Working Waterfront Constitutional Amendment and include all types of working waterfronts, water dependant / marine industrial activities and uses, including but not limited to shipping terminals, tug boat basins, marinas, dry stacks, boatyards, marine repair, marine manufacturing, commercial fishing, etc.; the resolution was seconded by Mr. Horacio Stuart-Aguirre, and was unanimously adopted.

Mr. Bibeau reported the MRC is waiting to hear back from Florida Department of Transportation (FDOT) Secretary Stephanie Kopelousos, regarding the MRC’s renewed request to include the Miami River as a Strategic Intermodal System (SIS) Waterway in FDOT’s SIS Plan, which is required to become eligible for potential additional State multi-modal transportation funding.  Mr. Bibeau thanked Chairman Buermann for resubmitting the MRC’s 2005 letter with data, and subsequent 2007 Miami River Corridor Multi-Modal Transportation Plan-both of which found the Miami River exceeds the legal criteria to be designated and included in FDOT’s SIS Plan as an SIS Waterway.

Mr. Bibeau added the American Institute Architects (AIA) remains a self-standing agenda item at publicly noticed UIWG meetings in order for updates to be provided on a monthly basis as the AIA moves towards their significant 2010 convention and creation of the Miami River Catalyst Plan.  The Miami River Catalyst Plan will view the mixed use Miami River as a destination to work, live and play.  Mr. Bibeau noted the next UIWG meeting will be held in January, and the public notice for this meeting will be emailed out one week in advance.

C. Greenways Subcommittee (GSC) – Mr. Bibeau provided the following report on behalf of Greenways Subcommittee Chair Dr. Ernie Martin:

“The Greenways subcommittee’s November 13, 2009 public meeting minutes have been distributed.

GSC Chair Martin recently conducted a meeting with FDOT and the City of Miami regarding the Miami River Greenway on the East Little Havana Side of the 5 ST Bridge.  Currently the unacceptable Miami River Greenway route on the Little Havana side of the 5 ST Bridge, which is nearing completion,  forces the pedestrian and bicyclist to cross 3 vehicular streets, although FDOT never informed the MRC of this when they presented the 5 ST Bridge plans in July 2006 and January 2009.    Although there is sufficient room for the Miami River Greenway to avoid vehicular traffic via proceeding beneath the Bridge, and an estimated 75% of the necessary public right of way for the recommended and safer route beneath the bridge, which avoids crossing 3 vehicular streets, there is 555 square feet of additional needed Right of Way.  The Miami River Greenway currently proceeds beneath both sides of numerous FDOT bridges, Flagler, 1 ST, etc.  The private property owner of the additional 555 square feet needed to complete the Greenway route beneath the 5 ST Bridge is potentially willing to trade the needed area in return for being able to park employee vehicles on for a portion of the area FDOT eminent domained from him a few years ago.  The FDOT project manager indicated since the 5 ST Bridge is nearing completion they will construct the Greenway on all recommended areas where they currently own the land, including beneath the Bridge, and the City agreed if the remaining 555 square feet is obtained they would complete the route back to South River Drive.  Until the additional needed 555 square feet of land is secured and constructed, the section FDOT constructs as part of their current contract will be partially fenced off and closed to the public prior to the dead end, yet the fences would be removed and become publicly accessible when the needed connection is completed. Mr. Dubin stated he participated in a meeting with the property owner considering donating / trading his additional 555 square feet needed to complete the beneath Bridge Greenway route, whom expressed concern over potentially losing additional parking at his property, and has therefore requested to view proposed plans for the area in question. State Representative Luis Garcia offered to write a letter to the FDOT Secretary supporting allowing the Miami River Greenway to proceed beneath the FDOT Bridge.

As recommended by the MRC, the City of Miami’s Historic and Environmental Preservation Board unanimously approved preliminary local historic site designation for the Miami Circle on December 1, 3 PM, City Hall, and final designation is scheduled on January 5, 2010, 3 PM, City Hall.  Despite the strong recent letters distributed last month from the Honorable Representative Luis Garcia, Spencer Crowley, Florida Inland Navigation District (FIND), and the MRC, to Florida Department of State Secretary Kurt Browning, requesting completion of the approved Miami Circle Phase I improvements before the end of this calendar year, Secretary Browning recently indicated the best case scenario is for the State’s work to be completed in September 2010.  Considering the additional time, the MRC continues to advocate for the riverwalk and surface parking to continue west beneath the adjacent Brickell Bridge.”  Mr. Bibeau noted he had recently received a voicemail from Mr. Crowley asking him to extend his appreciation to the Miami-Dade County Department of Environmental Resources (DERM) which has reached a reasonable stormwater treatment solution at the site (one vs two deep wells), resulting in reduced project costs.  Mr. Weinreb, City of Miami, reported the City Building Department has executed the State’s recently submitted Miami Circle Phase I Building Permit.

The Greenways subcommittee’s December meeting was already held on December 9, and the next public meeting will be held January 13, 2010, 2 PM, at the Robert King High New Board Room, 1407 NW 7 Street.

Mr. Stuart-Aguirre stated he had heard recently that mega condominium projects on the Miami River are getting Certificates of Occupancy (CO) though they have not complied with their publicly accessible riverwalk requirements.  Mr. Bibeau replied yes, for example MRC staff has been in communication with representatives from the City of Miami regarding Terrazas RiverPark Village, which is located on the river’s south shore, just west of Sewell Park (Mr. Bibeau pinpointed the location on the Miami River aerial). Mr. Bibeau explained that, as approved by the City Commission in June 2004, public access was supposed to have been granted to the Terrazas riverwalk via the installation of a small gate in the City’s existing fence between Sewell Park and the new development’s riverwalk, which would be open during park hours - sunrise to sunset. Mr. Bibeau noted this gate has yet to be installed and the project had obtained a Temporary Certificate of Occupancy (TCO), so now there is a riverwalk at the development with no public access.  MRC Chairman Buermann asked if this issue is currently being addressed, and Mr. Bibeau replied he continues to communicate with city staff and more recently, the City of Miami Parks Director, Mr. Ernest Burkeen, had requested that he provide evidence of such agreement which was subsequently provided by MRC staff, including but not limited to verbatim City Commission transcripts approving the project.  Mr. Bibeau stated the City is still looking into this issue.  Mr. Bibeau explained the developer no longer owns the subject property as the building is now owned by a bank, following its recent foreclosure.

Mr. Stuart-Aguirre asked if this was the only example of pledged publicly accessible riverwalks at developments not providing public access, and Mr. Bibeau replied no.  Mr. Javier Betancourt asked if the MRC has had any success with reopening public access along the EPIC’s Phase II Site boardwalk.  Mr. Bibeau noted this site is one of the projects on the VIP list, and noted he had recently met with the EPIC managers and urged that they consider re-opening this area to the public in order to promote access to the riverwalk and their restaurants.  Commissioner Carollo expressed a willingness to conduct a site visit at the sites following the December 17 City Commission meeting.

D. Stormwater Subcommittee (SSC) – SSC Chair Sallye Jude provided the following report:
The Stormwater Subcommittee’s November 4, 2009 public meeting minutes have been distributed.

The regulatory agencies conducted a major positive meeting in November when all outstanding issues to permit the Wagner Creek and Seybold Canal maintenance dredging and environmental clean-up project were resolved.  Therefore the agencies are preparing the required permits which will finally be executed in early 2010.  Currently the City of Miami has $2 million of the estimated $20 million cost to conduct the long awaited and widely supported project, and the City is seeking Federal, South Florida Water Management District and FIND cost shares.

We are seeking permission from the City of Miami, Miami-Dade County and FDOT to install 80 small markers, adjacent to storm drains, which state, “Don’t pollute, Drains to River”

The Stormwater Subcommittee’s regularly scheduled 1st Wednesday of the month public meeting was held December 2, 10 AM, and our next public meeting will be held January 6, 2010 at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

E. Economic Development & Commerce Subcommittee- Commissioner Barreiro stated Miami-Dade County convened its first publicly noticed meeting of the Palmer Lake Planning Charrette Steering Committee (planning area bounded on the east by the Miami River, Tamiami Canal on the south, NW 42 Ave on the west and NW 36 ST on the north) and encouraged area property owners to become proactive and involved in this public planning process.

III. New Business – Mr. Gary Winston asked if MRC Chairman Buermann and the MRC wishes to briefly discuss with UIWG Chair Murley the idea of staying incorporated and involved in the AIA process to create the Miami River Catalyst Plan.  MRC Chairman Buermann informed UIWG Chair Murley that the MRC’s Executive Board had discussed the idea of “branding” the mixed-use Miami River as a destination, while integrating it into the fabric of the community, and expressing this concept to the AIA so that they may incorporate this vision into their charrette. UIWG Chair Murley suggested bringing this idea to the attention of Mr. Subrata Basu, Assistant Director of the Miami-Dade County Planning Department, as he is working closely with the AIA team and the UIWG’s monthly publicly noticed meeting where this item will be a standing item on the agenda until the AIA’s Miami River Catalyst Plan is finalized (estimated September 2010).

Ms. Sallye Jude stated the MRC should look into creating a more sustainable environment via encouraging ships and tug boats along the Miami River to use cleaner fuels, and Dr. Fran Bohnsack, Miami River Marine Group, noted as indicated in numerous publications vessels have a much smaller carbon footprint than trucks or other forms of transportation, but was open to any suggestions for improvement.  Mr. Dubin noted there is a new International Certificate regarding vessels emissions being implemented under “SOLACE”.  Mr. Stuart Aguirre stated that being a long-time resident of the Miami River, he has noticed that the sheen which had once appeared on the water surface is no longer there, and as a matter of fact, has witnessed an increase in marine life including turtles, fish and manatees, as the water looks cleaner and improved.  Ms. Jude agreed.

Dr. Bohnsack thanked Commissioner Barreiro for supporting for ST legislation to enact the adopted Working Waterfronts Constitutional Amendment as a goal in the County’s 2010 State Legislative Package.  In addition Dr. Bohnsack thanked ST Rep Bogdanoff, ST Senator Altman for sponsoring a Committee Bill to include the Miami River’s marine industrial businesses in the Working Waterfronts enabling legislation, and ST Rep Garcia for offering to sponsor a standalone bill to include the Miami River’s marine industrial businesses as well.  Mr. Bibeau thanked the aforementioned elected officials as well, and added that on December 11 he received a call from ST Rep Robaina, whom indicated he would be amending his previously submitted Bill to implement the adopted Working Waterfront Constitutional Amendment, by inserting language to include the Miami River’s marine industrial businesses, with a severability clause if the Bill is challenged in court.

The meeting adjourned.