I. MRC Chair Report– Ms. Sallye Jude made a motion to approve the MRC’s December 14, 2009 meeting minutes.  The motion was seconded by Mr. Richard Dubin and unanimously adopted.

MRC Chairman Buermann stated the MRC will not be meeting in February and the MRC’s subcommittees could utilize that time to follow-up on any items addressed during today’s retreat. In addition, MRC Chairman Buermann noted there were scheduling conflicts with the Robert King High New Board Room which could not accommodate an MRC meeting next month. MRC Chairman Buermann noted the next publicly noticed Miami River Commission meeting will be held on Monday, March 1, 2010 at Robert King High, 1407 NW 7 Street.

I. Status and Discussion of Implementing the Following Adopted Plans:
MRC Chairman Buermann explained today’s Miami River Planning Retreat is focused on reviewing the MRC’s current plans and reports-which total seven on the agenda- and identifying their progress and/or obstacles as a means of promoting discussion and planning for potential future endeavors.

A. Miami River Greenway Action Plan-
Presenter: Dr. Ernie Martin, Chair, Greenways Subcommittee

Dr. Martin stated he has witnessed the progress along the Miami River, as he has lived on the river for decades, and recalled the history of creating a riverwalk from the eighties under former Mayor Ferre when some of the first sections of the Miami River Greenway were constructed at the James L. Knight Convention Center.  Dr. Martin noted the Miami River Coordinating Committee, and later the Miami River Commission, established the creation of the Miami River Greenway, to become a destination landscape, as one of its major goals.  Dr. Martin noted that in the 1990s, Ms. Brenda Marshall McClymonds, on behalf of The Trust for Public Land, was an instigator in trying to start a master plan for the Miami River Greenway, as successful Riverwalks were being constructed along various Rivers around the nation. When the Miami River Commission was established in 1998, a subcommittee structure was created that included dredging, quality of life (which included the urban infill and greenway committees), safety and economic development. A variation of those original subcommittees are in place today, such as the Greenways Subcommittee (GSC), whose purpose was to resume the enthusiasm that was taking place nationwide to create publicly accessible riverwalks. The Greenways Subcommittee had adopted several principles, including 1) public access to the river; 2) creating a new recreational landscape destination; 3) enhance commercial, retail and residential opportunities, particularly in the downtown area; 4) encourage historic preservation. The GSC also supported a respect for the “working river,” because it wanted to maintain a partnership between residential, recreational, and marine industrial opportunities.  The plan is to have a continuous riverwalk proceed directly along the shorelines wherever possible, and have an on-road Greenway in public right of ways along North and South River Drive to proceed around historic neighborhoods and marine industrial businesses/water-dependant uses, which would then connect back to the riverwalk where feasible.  The Miami River Greenway will enhance the Miami River mixed uses including but not limited to commercial, retail, restaurants, residential, historic preservation, and marine industrial.  

The MRC’s Greenways subcommittee has been working on completing implementation of the award winning Miami River Greenway Action Plan.  The Plan was created by Greenways Incorporated, the Trust for Public Land and the Miami River Commission (MRC), via numerous public hearings from 2000-2001.  The Miami River Greenway is a planned 10 mile publicly accessible pathway, featuring landscaping, benches, art in public places, decorative lighting, historic markers, way-finding signage, informational kiosks, trash receptacles, etc.  Another component of the Miami River Greenway is the “blueway”, allowing for access and dockage for recreational vessels sometimes requiring cantilevered boardwalks or floating docks.  After receiving unanimous recommendations for approval from numerous Advisory Boards, the City Commission, County Commission and MRC unanimously adopted the Miami River Greenway Action Plan in 2001.  Subsequently, completing implementation of the Miami River Greenway Action Plan was further supported in the City of Miami’s Parks Master Plan adopted in 2006, the MPO / MRC’s Miami River Corridor Multi-Modal Transportation Plan adopted in 2007, and the City of Miami’s Bicycle Master Plan adopted in 2009.  Numerous Greenways have proven to be successful destination landscapes on waterfronts around the world, including but not limited to San Antonio, Texas, San Francisco, California, Chattanooga, Tennessee, Jacksonville, FL, etc

Thus far 3.25 miles of the planned 10 mile Miami River Greenway has been constructed, although not contiguous.  The Miami River Greenway has fully funded and completed engineering documents to construct an additional .87 miles this year.  Full funding has been appropriated to construct an additional 1.01 miles of the Miami River Greenway next year.  This leaves the remaining 4.87 miles of the planned Miami River Greenway still needing funding to create engineering documents to construct as depicted in the distributed MRC 2009 Report. 

Thus far $28.7 million has been secured for the Miami River Greenway, from the following 6 public and private cost share partners, two of which were approved by the public at referendum:
$8 million from the Florida Department of Transportation (FDOT), $7.5 million from a Miami-Dade County Bond Issue, $6.1 million from a City of Miami Bond Issue, $3.5 million from the private sector, $2.6 million from Congress and $1 million from the Florida Inland Navigation District (FIND). This leaves a remaining $38.9 million needed to be secured in order to complete the 10 mile continuous Miami River Greenway.  The City of Miami partnered with the MRC to submit a Federal TIGER grant, which will be decided next month.  If the City’s application is fully funded, it would provide sufficient federal economic stimulus funding to complete the Miami River Greenway.  The TIGER grant is extremely competitive with over 1,400 pending applications from all 50 States requesting $57 billion with only $1.5 billion available to award.  If the grant is not awarded to the City of Miami, there are $2 million in grants which the City may apply for the Miami River Greenway each year, which if awarded would therefore take 15-20 years to secure the remaining funding needed to complete the Miami River Greenway.

The Greenways Subcommittee meets on the second Wednesday of each month, 1407 N W 7 ST at 2 PM and deals with a cluster of issues, which are grouped into three categories 1) governance including maintenance and marketing; 2) new greenway development in the public and private sectors; 3) special projects such as the proposed Fisherman’s Wharf in the Lummus Landing area, reopening the vacant WASD parking lot in the Historic Lummus Park District, the Miami Circle, etc.

Greenway governance was addressed in January 2006 when the MRC hosted the Miami River Greenways Retreat.  An informational binder, which was distributed at the professionally facilitated all day retreat-included reviews of the “Need for Greenways Governance”, “Business Improvement Districts”, “Trust Models”, “Tax Increment Finance Districts”, “Public / Private Models” and more. The Greenways Subcommittee continues to work with the City of Miami and Miami-Dade County’s Departments of Capital Improvements (for construction), Public Works (for ongoing governance /maintenance issues), the Downtown Development Authority and FIND. Dr. Martin also thanked the efforts of Miami-Dade County Commissioner Bruno Barreiro, Miami City Commissioner Marc Sarnoff, ST Rep Luis Garcia, and Assistant City Manager Mr. Bill Anido.

Once the entire Miami River Greenway is constructed, its long term everyday maintenance, security and special events are necessary for its success.  The MRC has partnered with thousands of volunteers and various funding partners to conduct numerous Miami River Greenway beautification and clean-up projects.  Volunteer projects include creation of new and maintaining publicly accessible greenspaces, community vegetable and fruit gardens, and art in public places.  Maintenance of the Greenway is a relatively small expense, in comparison to the maintenance of costs of other capital improvements such as museums, park recreational buildings, tunnels, bridges, etc.  In addition, the MRC coordinates and co-sponsors the annual free Miami Riverday festival.

Implementing the Miami River Greenway Action Plan has proven to be a more difficult, complex and expensive task than originally anticipated.  There are an estimated 300 individual public and private parcels and owners along the 10 mile Miami River Greenway route.  The public sector alone has numerous owners including the City of Miami, Miami-Dade County, Miami-Dade Expressway Authority and the Florida Department of Transportation.  Regrettably the public sector does not work well when having to partner with the private sector, evidenced from the County’s inability thus far to accept free offered donations of private riverfront parcels for the Riverwalk.  Even the sections of the publicly accessible riverwalk which private developers pledged would be constructed when seeking approval of their developments, often requiring land use and zoning amendments, need the MRC’s continued review, because some of them are not being provided.  For example Epic Phase II, Terrazas Riverpark Village, River Oaks Marina and Condominium, etc.  That being said, the riverwalks at other new developments, including One Miami, Neo Vertika, Latitude on the River, One Riverview Square and Brickell on the River are functional and open to the public 24/7, consistent with their approvals by the City of Miami.  Similar to the impacts of creating Riverwalks around the world, building the Miami River Greenway has stimulated economic development, evidenced by the thousands of new residential units, new riverfront restaurants, etc.  As sections of the Miami River Greenway are constructed, they include complete rebuilding of the antiquated stormwater drainage systems, therefore reducing pollution, improving water quality and increasing the estimated costs. 

The GSC also focuses on special projects such as the creation of a “Fisherman’s Wharf” at Lummus Landing in Overtown, Merrill-Stevens and the Miami Circle. The City of Miami Parks Master Plan calls for the creation of a “Central Park” at the Miami River, which would essentially connect Fern Isle Park, Sewell Park and Curtis Park via the Miami River Greenway.

Dr. Martin hoped the new City of Miami Mayor, members of the City Commission and administration will provide a great opportunity to review and revisit the issues of governance in order for the MRC to obtain the necessary support to continue its goals.

Completing the Miami River Greenway will solidify the mixed-use Miami River as a destination landscape for residents and visitors to live, work, and play, generate economic development and improve the natural environment. Completion of the greenway will also significantly improve our natural environment via reducing carbon emissions, gas consumption, and improving air quality. In addition, the Miami River Greenway improves our quality of life and physical health of those using it for walking, biking, running, roller blading, etc.

Greenways Chairman Martin states it’s important to continue advocating for broad based support and awareness of the Miami River Greenway by continuing to educate newer MRC members, elected officials, new riverfront businesses, residents, condominium associations, the general public, etc.   

Questions/Comments

• MRC Chairman Buermann thanked Dr. Martin for his efforts
• Ms. Sallye Jude stated that neighborhoods along the Miami River should take a more active approach in removing litter/debris along the Miami River Greenway and improving the natural environment; MRC Chairman Buermann suggested providing education and encouraging this concept at Riverday; Mr. Bibeau noted that maintenance is the responsibility of the property owner at each particular section of the much larger publicly accessible Miami River Greenway
• MRC Vice Chair Phil Everingham asked if the city adopted the Miami River Greenway Action Plan, and Dr. Martin replied yes, and added the county had adopted it as well
• Dr. Martin suggested that the City identify the Miami River Greenway as a public linear park so that there could at least be an agency responsible for its maintenance/governance (of the public sector), establish it as a major issue/priority and encourage the private sector to maintain their portions of the greenway
• Mr. Jay Carmichael noted one of the key elements of the plan is improvements and enhancements to river channel banks or shoreline stabilization program, and asked if this was part and parcel of building the riverwalk and the infrastructure to support the riverwalk or if there was a separate program/component of the greenway action plan to address this. Dr. Martin replied when there is erosion along the shoreline the standards to construct new sections of the riverwalk include shoreline stabilization / seawalls.
• Mr. Carmichael asked if the GSC had an action item list which numbers specific priorities, and Dr. Martin replied the GSC highlights the most critical issues in need of action at that time during their monthly public meetings.  Those issues are then brought to the attention of the MRC monthly, which recommends solutions in its advisory capacity. Greenways Chair Martin and MRC staff also meet quarterly with Mr. Andio and city staff to address ongoing greenway-related issues.

Goals

• Support efforts to secure funding to finish construction of the publicly accessible Miami River Greenway
• Work with public and private sector to address governance/maintenance

B. Miami River Corridor Urban Infill Plan/ Miami River Corridor Multimodal Transportation Plan/ American Institute of Architects Miami River CatalystPlan -
Presenter: Mr. Jim Murley, Chair, Urban Infill Working Group

Miami River Corridor Urban Infill Plan
The MRC’s enabling 1998 ST legislation, and subsequent 2000 Miami River Improvement Act, required the MRC’s 2002 adoption of the Miami River Corridor Urban Infill Plan as our Strategic Plan.  The award winning Plan was created via 42 public hearings conducted from 2000-2002.  Professional planners were hired to assist the City of Miami, Miami-Dade County and MRC in the creation of the plan, at a cost of $162,000 (funded from the following 5 cost share partners: 1) $50,000 from the City of Miami using a Florida Department of Community Affairs (DCA) grant; 2) $50,000 from Miami Dade County; 3) $25,000 from the Empowerment Trust; 4) $20,000 from the Environmental Protection Agency and 5) $17,000 from the MRC.)  Without the significant in-kind contributions, the plan would have cost more.

On March 6, 2006, the MRC adopted the distributed 3rd Update to the Plan, classifying 60 of the Plan’s 71 “Implementation Steps” as either “Completed” or “Ongoing with Significant Progress”.  In addition, 29 of the Plan’s 38 “opportunity sites” were found to have been developed or in permitting.  Not only have several of the Plan’s Implementation Steps not been fully realized to date, several of them are self standing initiatives, which require constant efforts.  For example, similar to derelict cars appearing on roadways, derelict vessels appear on the Miami River, which need to be removed.  Thankfully this ongoing implementation step from the Plan is being addressed on a day by day basis under MRC Member Carmichael’s Miami River Voluntary Improvement Program (VIP), which will be discussed further under today’s agenda item D.  Furthermore, the Plan recommends maintaining a balance between the Miami River’s mixed-uses of high density residential, historic low density residential neighborhoods, marine industrial businesses, parks, restaurants, etc., which is a major challenge.  Therefore the MRC needs to remain vigilant in the continued efforts to fully implement the Miami River Corridor Urban Infill Plan.  UIWG Chair Murley added the Plan remains current.

Miami River Corridor Multimodal Transportation Plan
In partnership with the Miami-Dade Metropolitan Planning Organization (MPO), numerous public meetings were conducted in 2006-2007 to create the Miami River Corridor Multi-Modal Transportation Plan.  Professional Transportation planners were contracted, at a cost of $100,000 to assist in creating the plan, funded with $75,000 from the MPO and $25,000 from the MRC, in part via a Miami-Dade County grant.  The award winning plan recommends improvement of the Miami River area’s multi-modes of transportation including freight via vessel, railroad and MIA, waterborne facilities, mass transit, creating a water-bus system with stations at the Miami Intermodal Center, Miami Marlins Stadium, etc., roadways, bridges, bicycle, pedestrian, etc.  Copies of the Plan’s executive summary, and its long list of recommended additional transportation improvements to supplement those already on the books, have been distributed.  Considering this long term Plan is only a couple years old, there is extensive funding and work needed to be secured for its implementation.  With thousands of new residential units being occupied along the dense Miami River Corridor, in addition to new businesses, bringing this Plan’s recommended multi-modal transportation improvements to fruition is critical to the functionality of Miami’s core, which the mixed use Miami River flows through. In addition, the UIWG continues to work with FDOT to have the Miami River be designated a Strategic Intermodal System (SIS) Waterway, which will allow the river to become eligible to receive state funding for transportation projects.

UIWG Chair Murley stated the MRC continues to work on making the Miami River a destination.  For example, there are no signs on I-95, I-836, etc noting Miami River exits. 

 American Institute of Architects Miami River Catalyst Plan
The American Institute of Architects is hosting their massive annual convention in Miami this June.  Thankfully they have selected the Miami River Corridor to be the focus of their Legacy Project/Catalyst Plan, which is an in-kind donation.  Creation of this new Plan, followed by potential implementation efforts, will require significant participation and work by the MRC.  Therefore the American Institute of Architects Miami River Catalyst Plan is a standing agenda item on the MRC Urban Infill Working Group’s monthly public meetings.  The next meeting is January 21, 9 AM, 1407 NW 7 ST.  Your participation is encouraged.

Questions/Comments

• MRC Vice Chair Everingham asked if the UIWG would consider requesting the City of Miami to adopt the Miami River Corridor Urban Infill Plan, given the recent changes at City Hall. UIWG Chair Murley explained that the MRC adopted the plan as its strategic plan and did not see anything wrong with the MRC presenting the plan again to the city and/or county should a desire be expressed by either entity to adopt the plan by ordinance as required to create a TIF, BID, etc. UIWG Chair Murley added the MRC adopted it as its strategic plan and has been effective.
• Mr. Gary Winston asked if there was any reason why the UIWG and the Economic Development Subcommittee shouldn’t be one in the same or combine their resources and act together.  UIWG Chair Murley replied no, and stated he supported whatever the MRC wants in that regard.  UIWG Chair Murley explained the EDC and the UIWG have pursued different issues in the past.  UIWG Chair Murley indicated a priority is supporting job generation along the Miami River; consistent with the MRC’s adopted Plans.  UIWG Chair Murley stated the UIWG has worked closely with the Greenways subcommittee in terms of reviewing proposed development projects. UIWG Chair Murley that the decision rests on the MRC, and staff, and recommended having separate meetings for the separate subcommittee’s to allow more time to address different issues and encourage greater participation.
• Mr. Carmichael asked what specific concepts from the Miami River Corridor Urban Infill Plan-if any-have been rejected and why. UIWG Chair Murley explained that some of the plan’s priorities adapted to the changing times, but the overall concept of creating a mixed-use, working river that complimented the area has never altered.

Goals

• work closely with MRC’s Economic Development & Commerce Subcommittee, city, county and regulatory agencies to promote plans
• tying the Miami River’s infrastructure/linkages to the Marlins Stadium and the Multi-Modal Center by providing alternate forms of transportation such as water buses
• reinforce Miami River as a destination (i.e. increase directional signage)

C.  Miami River Tributary and Canal Maintenance Dredging and Environmental Cleanup Action Plan                                     
Presenter: Mr. Horacio Stuart-Aguirre, Chair, MRC’s Miami River Tributary Dredging Task Force    

Mr. Aguirre stated the nature of this Action Plan is to conduct maintenance dredging and environmental clean-ups in the Miami River tributaries and canals including Wagner Creek, Seybold Canal, Tamiami Canal, North Fork, South Fork, Lawrence Canal and Palmer Lake.  The Task Force is working with environmental regulatory agencies to determine the owner and entity legally required and responsible for the aforementioned Miami River tributaries and canals.  Mr. Aguirre thanked Ms. Chase, per the suggestion of MRC Chair Buermann and Mr. Bibeau, for creating 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 stated there is also a map of the Miami River featured in the distributed 2009 MRC Annual Report, which clearly shows all the tributaries and canals.

Now that the $89 million Miami River Maintenance Dredging and Environmental Clean Up project was successfully completed in 2008, the MRC created the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Task Force, which operates under the MRC’s Stormwater Subcommittee.  Our first duty is the creation of the Miami River Tributary and Canal Maintenance Dredging and Environmental Cleanup Action Plan, to address the clear maintenance dredging needs within The Miami River watershed’s Wagner Creek, Seybold Canal, Tamiami Canal, North Fork, South Fork and the Lawrence Canal.

Mr. Aguirre and Mr. Bibeau presented a PowerPoint of photographs taken during a recent inspection tour which details the existing conditions of the Miami River’s tributaries (South Fork, North Fork, Lawrence Canal, Wagner Creek, Seybold Canal and Tamiami Canal) which feature: sunken derelict vessels, depths so shallow that boats are hitting the bottom and listing to the side, down trees blocking navigation, sheen on the water due to stormwater runoff, litter/debris, invasive plant species, contaminated sediments and dioxin, etc. Mr. Aguirre noted the true source of pollution along the Miami River is its antiquated storm sewer systems, for example stormwater runoff from the former garbage incinerator, and not the maritime industry or recreational boat users.

The numerous hazards to navigation, which also obstruct water conveyance capacity, evidence the desperate long standing need to provide maintenance dredging and environmental cleanup of the Miami River’s Tributaries and Canals.  Doing so will significantly improve the natural environment and economic development for the numerous marine industrial businesses currently operating on them, including Bertram Yachts, Campeones Boatyard, Popeyes Boatyard, Glass Tech Boatyard, South Fork Boatyard, Allied / Consolidated Boatyard site, Garcias Commercial Fishing, Prieguez Commercial Fishing, etc., which currently suffer from limited operational capacity on the tributaries due to obstructions to navigation of which the recommended dredging would remove.  Several of the docked vessels depicted in the pictures are actually resting on the bottom of the waterways, and completely unable to navigate at low tide.  In addition, removing dioxin and other contaminants from these Miami River tributaries would significantly improve the natural environment and benefit the waterfront homes along these Miami River tributaries by increasing their economic value.

After several years, multiple paid consultants, and over $1 million in funding, the City of Miami is expecting to receive executed permits to dredge Wagner Creek and Seybold Canal early this year.  Wagner Creek and Seybold Canal have long been recognized as the most polluted waterways in the entire State of Florida.  This project is estimated to cost $20 million, of which the City currently has appropriated $2 million.  The MRC remains actively supporting the City’s requests for $1 million from FIND, $1 million from the South Florida Water Management District, and $16 million from Federal Economic Stimulus Funding, to conduct the long awaited maintenance dredging and environmental clean-up in Wagner Creek and Seybold Canal, after the City receives the executed permits for the project in the first quarter of this year.  Once Wagner Creek and Seybold Canal are successfully dredged, the MRC Task Force will turn its attention to the Tamiami Canal, South Fork, North Fork, and the Lawrence Canal. 

The 1st phase of the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Action Plan is available for your review.  It contains photos from the Miami River tributary inspection tour, and Miami-Dade County tax assessor public information for every parcel along the waterways.  Surprisingly the environmental regulatory agencies do not know who is legally responsible for the maintenance of these waterways.  Therefore, at the request of the MRC a year ago, DERM, the City of Miami, South Florida Water Management District and the Florida Department of Environmental Protection have been researching and debating who is legally responsible for the Miami River’s tributaries and canals.  Clearly the environmental regulatory agencies must reach consensus on this, prior to inserting additional text into the plan.

Mr. Dubin noted some sections of the seawall along the tributaries are in poor condition and maybe impacted by maintenance dredging.

The Miami River Tributary and Canal Maintenance Dredging is a standing item on the public MRC Stormwater subcommittee’s agenda, which meets on the 1st Wednesday of every month, 10 AM, in the South Florida Water Management District Office, 2121 SW 3 AVE, 6 FL. Participation is encouraged.

As Transition Chief for City of Miami Mayor Tomas Regalado, Mr. Aguirre relayed a message directly from the Mayor indicating that he will not be appointing a designee to the MRC, but has instead elected to personally participate in future MRC meetings.

Mr. Aguirre distributed a Miami Herald editorial published in February 2008 entitled, “It’s a Working River. Let it Stay that Way” and asked for the MRC to review it. Mr. Aguirre explained a “working river” applies to all river-related industries and benefits all through providing job opportunities.

Questions/Comments

• MRC Chairman Buermann thanked Mr. Aguirre for his tremendous work and expressed his dismay and shock of the current conditions
• Ms. Lucy Perez, SFWMD, stated the SFWMD is trying to identify the entities legally responsible for maintaining these waterways
• Mr. Richard Dubin stated that perhaps shoreline clean-up should be conducted in certain areas in conjunction to dredging
• Lee Hefty, DERM, stated the County operates a derelict vessel removal program in which the county works with law enforcement officials to help identify the owners of derelict vessels and have the vessels removed.  Mr. Hefty encouraged everyone to contact DERM to report locations of abandoned vessels and the City of Miami Tree program to report invasive species (mangroves, Brazilian peppers, etc.)
• Mr. Carmichael asked if there was an economic study that encompasses these tributaries and the potential economic development that exists which could provide leverage for private and public support to have them maintenance dredged and environmentally cleaned.  Mr. Aguirre replied there was no study at this time. Mr. Carmichael asked if the AIA Catalyst Plan would include the tributaries, and Mr. Aguirre replied he did not know, but it could be a possibility.

Goals

• identify funding and facilitate permitting to conduct maintenance dredging and environmental clean-ups of the polluted and navigation impaired Miami River tributaries and canals to improve the natural environment and boost economic value of properties and attract future marine-related businesses while improving navigation for existing marine industrial businesses

D. Miami River Voluntary Improvement Program (VIP)   
Presenter: Mr. Jay Carmichael, Chair, MRC “VIP” Task Force

For the past half year I have Chaired the MRC’s recently created “Miami River Voluntary Improvement Program” (VIP).  The Miami River VIP initiative is an effort to address and improve clearly visible priority issues along the riverfront, acting in the MRC’s advisory, clearinghouse and watchdog capacity established in our ST enabling legislation, yet is separate and apart from any regulatory actions from other agencies.

The VIP firstly encourages owners to maintain their property, sustain the liability of the river and create a quality environment to make the Miami River a point of destination and take pride in taking action on their own and have a positive impact.  The VIP program focuses on collaboration and cooperation with neighborhoods to energize the citizenry.    

Thus far, the Miami River VIP initiative has resulted in the removal of 4 derelict vessels, a shoreline which was crumbling into the Miami River was stabilized, the remains of a dock in extreme disrepair which was falling into the Miami River was removed, and graffiti was painted over along the Miami River Greenway beneath the 2nd Ave Bridge.  Currently the Miami River VIP has 22 issues being addressed, which are located on both public and private owned sites, including 10 seawalls and docks which are falling into the recently dredged Miami River, 5 riverwalk gaps, 3 derelict vessels, 3 sites with extensive litter falling into the Miami River and overgrown with invasive plant species, and two areas with significant graffiti. Any river-related issues should be brought to the attention of MRC staff. 

Although technically a public document, the draft Miami River VIP document hasn’t been distributed, nor has it been posted on the MRC website like our other meeting minutes, plans, reports, etc. because we are sensitive to the nature of these delicate issues.  If anyone at this time feels the need to review the specifics of the current draft VIP, which lists property addresses, issues, status and related pictures, I have one copy of the current version here with me today.  The MRC was created by the FL Legislature to serve as the watchdog of the Miami River in order to reverse decades of neglect which lead to the River’s deterioration.  Therefore the MRC must remain vigilant in addressing various waterfront issues to continue positive progress of the Miami River’s improvements.  We cannot allow numerous docks, seawalls, derelict vessels and debris to refill the Miami River, shortly after the successful completion of the $89 maintenance dredging and environmental clean-up project.

Questions/Comments 

• Mr. Carmichael asked how aggressive the MRC wishes the VIP initiative to be, in terms of reporting violations and following through on reporting measures to the regulatory authorities if initiative steps are ineffective. MRC Chairman Buermann stated the VIP program should embrace “civic-mindedness” and encourage cooperation among property owners
• Mr. Robert Weinreb, City of Miami, stated the City continues to issue notices of code violations to certain riverfront property owners regarding seawalls in poor repair, etc.  Mr. Weinreb added the City’s notices of code violations are based on his pictures which he took while touring the Miami River on his vessel.  Mr. Weinreb noted his boat tour was cut short before reaching the western terminus of the Miami River because his camera ran out of batteries.
• Mr. Dubin asked if derelict vessels are considered one of the VIP Task Force’s greatest issues, and Mr. Carmichael replied that a variety of issues have been identified along the river, such as derelict vessels, seawalls falling into the river, etc and the lack of funding to address this problem are all amongst several great concerns; Mr. Dubin asked if there was any potential funding available to address these problems, and Mr. Carmichael replied there are a couple potential funding sources such as the US Coast Guard’s Oil Pollution Liability Trust funded by the Exxon Valdez settlement when a derelict poses a threat of oil pollution, which is currently being utilized by the US Coast Guard to remove a derelict in the Miami River’s South Fork, followed by Miami-Dade County, City of Miami and Florida Fish and Wildlife partnering on removal of more derelicts County wide starting in February 2010.  Mr. Lee Hefty, Miami-Dade County Department of Environmental Resource Management (DERM), stated DERM and the State of Florida have limited available funding for derelict vessel removal.  Ms. Jude stated perhaps FIND provides funding for derelict vessel removals as well. 
• Mr. Carmichael thanked Mr. Bibeau for his fabulous work in communicating with property owners and agencies, monitoring and following-up on issues; the success of the program is due to his diligence.  MRC Chairman Buermann concurred.
• Mr. Winston noted it was as if the MRC is now treating the tributaries as “something new” and if that’s in fact the case, why doesn’t the MRC consider making the residents along such tributaries part of the VIP group and in essence, a part of this clean-up effort. MRC Chairman Buermann stated he liked this idea and encouraged staff and the MRC’s subcommittees to reach out to the neighborhood organizations and engage them in these endeavors. Mr. Aguirre stated he agreed that this effort will only be successful with the support of the Miami River’s property owners and homeowners whom would develop the will to encourage positive change.  Mr. Winston asked what the benefit was in cleaning up the tributaries, and MRC Chairman Buermann replied that $89 million in taxpayer’s money had been spent to clean the connecting Miami River and the neglected and contaminated tributaries and canals are currently flowing into the River.  Mr. Aguirre added maintenance dredging and environmental clean-up of the Miami River and its tributaries will significantly improve the natural environment via removing contaminants and benefit the economy by improving navigation for marine industrial businesses.  Dr. Martin noted the residents of Seybold Canal and Spring Garden and activist groups in Overtown continue their support of these efforts and involvement in the MRC subcommittee’s public meetings.
• Ms. Patty Harris stated perhaps a picture taken from the river looking at someone’s property does not offer the same view as when seen on the site.  Perhaps the property owners doesn’t realize or even see the true conditions of their property, and encouraged the task force to show homeowners this specific point of view as seen from the waterway.
• MRC Chairman Buermann recommended property owners which positively participate in the VIP be presented awards at future MRC meetings in recognition and appreciation

Goals

• encourage property owners to take pride in their waterfront property and address major issues 
• promote positive reinforcement, cooperation and collaboration
• energize neighborhood groups / associations to promote maintenance of Miami River

E.   Miami River Basin Water Quality Improvement Plan -
Presenter: Ms. Sallye Jude, Chair, Stormwater Subcommittee 

The leading pollution source into the Miami River is the antiquated sanitary and storm water system, serving a densely populated 69 square mile basin.  The Stormwater Subcommittee continues efforts to implement the Miami River Basin Water Quality Improvement Plan, which was created by environmental regulatory agencies and then adopted by the MRC in 2002.  The Plan includes 33 Action Items, some ongoing, at an estimated cost of $18 million.

Several decades ago it was safe to swim and fish in the Miami River and its tributaries.  Then continuous pollution from the storm water system created regular excedences of water quality standards, and signs stating “no swimming and fishing” were posted.  Our goal is to meet the water quality goals in order to allow the Miami River and its tributaries, part of the Florida Outstanding Water and Biscayne Bay Aquatic Preserve, once again safe for swimming and fishing which will take lots of action from multiple sources.  Although several recommendations of the Plan have been implemented, including numerous storm water system retrofits, Scavenger Water Decontamination Vessel Services, etc., have resulted in improved water quality, we still have a long way to go in order to fully accomplish our environmental restoration goals.

The previously discussed efforts to conduct maintenance dredging and environmental clean-ups in the Miami River’s tributaries and canals are discussed during the Stormwater subcommittee’s monthly public meetings.  In addition, means to pinpoint the precise pollution sources in order to then be corrected are a self standing agenda item. Providing continued environmental education is another important recommendation of the Plan.  This is being implemented via providing students with environmental Miami River boat tours, we are currently purchasing 80 markers stating “Don’t Pollute, Drains to River” and installing them next to Miami River Storm Drains, annual Miami Riverday festivals, etc.

The Stormwater subcommittee has good participation from the Environmental Regulatory Agencies from the Florida Department of Environmental Protection (FDEP), Miami-Dade County Department of Environmental Resource Management (DERM), Miami-Dade County Water and Sewer Department (WASD), City of Miami and the South Florida Water Management District, whom interact with the general public during our monthly public meetings.  In addition, the agencies provide quarterly progress reports on efforts to implement the Plan’s recommendations, which are then posted on our website, www.miamirivercommission.org.

The Stormwater subcommittee meets on the 1st Wednesday of every month, 10 AM, in the South Florida Water Management District, 2121 SW 3rd Ave, 6th FL.  Your participation is encouraged.

Questions/Comments

• MRC Chairman Buermann thanked Ms. Jude for her efforts
• Mr. Carmichael asked who is the principal governmental agency the SSC works with, and Ms. Jude replied the SSC continues to work in partnership with the City of Miami, Miami-Dade County, the Water and Sewer Department, etc.
• Mr. Carmichael encouraged the creation of a campaign to promote stormwater education; Mr. Hefty suggested looking into Stormwater Utility Fees to fund this educational effort
• Mr. Bibeau thanked the County for its continued funding support, which allows the MRC to provide free environmental Miami River boat tours, and the City for its annual cost share which provides environmental education via annual Miami Riverday, Miami River Volunteer Clean-Up events, etc.
• Mr. Riera-Gomez stated the Stormwater Subcommittee has been effective, and noted in the near future the Board of County Commissioners has a related item which alleviates stormwater pollution into the Miami River

Goals

• list accomplishments to promote momentum for the completion of remaining action items in the Miami River Basin Water Quality Improvement Plan
• continue working with local agencies to address stormwater runoff and antiquated sanitary sewer systems
• continue providing environmental education and awareness
• continue as the MRC public subcommittee over the MRC’s Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Task Force

Post Questions/Comments

• MRC Chairman Buermann encouraged subcommittee members to reflect and discuss the concepts and ideas expressed today, and perhaps participate in other subcommittee meetings
• MRC Chairman Buermann stated Mr. Winston had to leave but had previously suggested “branding” the Miami River at the MRC’s public meeting last month.  MRC Chairman Buermann stated he hoped the day will come when the Miami River will be considered a unique destination (essentially increasing tourism, nightlife, etc.) and be known as its own “community”- similar to South Beach commonly known as “SoBe”, or Key Biscayne commonly known as “The Key”. MRC Chairman Buermann noted this concept will compliment and help strengthen the mission of the MRC, which is to develop a wonderful mixed-use Miami riverfront area to live, work and play.  Perhaps one day the Miami River area will just be called and referred to as, “the river,” and everyone will know exactly where that is.  Mr. Buermann noted at one time, nobody went to South Beach, and now it’s Internationally known.  Exciting and engaging the citizenry regarding the Miami River is important.
• Javier Betancourt commended MRC staff for excellent and effective work.  Chairman Buermann concurred noting immediately after Hurricane Wilma, Director Bibeau conducted a Miami River inspection.  MRC Chairman Buermann stated MRC’s dedicated professional staff is vastly underpaid, and having additional staffers would be helpful, yet there is insufficient funding to hire additional staffers and the SFWMD’s annual funding will remain level and not increase.
• Chairman Buermann stated the MRC has several excellent adopted plans and the MRC should continue successful efforts to fully implement the various stages of implementation with its volunteer members and small staff especially but not limited to finishing the Miami River Greenway.  Mr. Dubin agreed noting the MRC has lots to do and should focus and continue working on getting it done.  For example, Mr. Dubin stated the areas with the completed sections of the Miami River Greenway are vastly improved than those which don’t have the Greenway yet.
• Chairman Buermann noted the AIA picking the Miami River as the subject of its major upcoming “Catalyst Plan” is evidence that the Miami River is a major feature of Miami
• Managing Director Bibeau thanked the Miami River Commission’s board of dedicated volunteers for their continued strong support and efforts which have resulted in a significantly improved Miami River corridor. 

I. MRC Chair Report – MRC Chairman Eric Buermann stated a schedule of all full Miami River Commission meetings in 2010 has been emailed and distributed. MRC Chairman Buermann stated the majority of all MRC meetings fall on the first Monday of each month, except for April, July and September, which fall on the second Monday of those months, since the first Monday is on or adjacent to a holiday. MRC Chairman Buermann noted the April MRC meeting will be held on Monday, April 12, noon, Robert King High New Board Room, 1407 NW 7 Street, since the first Monday in April falls on the fifth - the day after the Easter Sunday holiday.

MRC Chairman Buermann noted a rotating powerpoint is on display of two recent volunteer events: 1) Saturday, February 6: Miami River Greenway beautification along North River Drive from Lummus Park (NW 3 ST) to NW 6 Ave, replenishing plants and removing litter on Miami River Greenway with estimated 20 volunteers from the Young Professionals of the Historical Museum and MRC, including Honorable City Commissioner Frank Carollo; 2) Saturday, February 20: planting more fruits and vegetables in the community garden and removing litter along the Miami River shoreline at the Miami-Dade County Public Housing Agency at Robert King High Towers, 1407 NW 7 Street, with Hands on Miami and MRC volunteers again including Honorable City Commissioner Frank Carollo.  MRC Chairman Buermann thanked the Honorable Commissioner Carollo for personally working and volunteering with the groups during both volunteer Miami River Greenway beautification events last month.

MRC Chairman Buermann invited everyone to the FREE 14th annual Miami Riverday festival, which will be held on Saturday, April 10, 11 am to 4 pm in the Lummus Park Historic District, 250 NW North River Drive.  The festival will feature free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.  MRC Chairman Buermann thanked all the generous sponsors which allow the 14th Annual Miami Riverday free to the community.  In addition, MRC Chairman Buermann noted the 7th Annual Miami River Map and Guide will be released at Miami Riverday and thanked everyone whom placed an advertisement

MRC Chairman Buermann stated the MRC was one short of quorum and therefore deferred entertaining a motion to approve the MRC’s January 11, 2010 meeting minutes to the April 12, 2010 MRC meeting.

MRC Chairman Buermann stated the MRC is joined today by Ms. Vivian Miller, Miami World Cinema Center, which is partnering with the Knight Center of International Media University at the School of Communication at the University of Miami and Big Blue & You on the “One Water Workshop,” an environmental educational opportunity for students in Miami.  Ms. Miller had contacted the MRC seeking to address the board.  MRC Chairman Buermann explained that as their pilot program starts this month, and this is an informational non-voting item, he would like to allow her a few minutes to address the MRC prior to the Subcommittee Reports.  The MRC welcomed Ms. Miller and thanked her for coming to today’s meeting.

Ms. Miller introduced Ms. Daniell Washington, The Big Blue & You Foundation, and Mr. Jose Luis Martinez, Miami World Cinema Center (MWCC), whom distributed a summary of the “One Water Workshops” spring and summer 2010 program. Mr. Martinez stated the Miami World Cinema Center is a 501(c)3 non-profit created a year-and-a-half ago with a matching grant from the Knight Foundation.  Mr. Martinez noted the main purpose of the organization is to bring together local filmmakers from the community and provide them with an educational hub / environment to express their creativity and make art, so they can eventually follow their craft. Mr. Martinez noted the Miami World Cinema Center designed the One Water program with the University of Miami and has partnered with The Big Blue & You Foundation, to help bring this documentary filmmaking program for high school students to life and educate them on important issues, such as water conservation and how water impacts their daily lives.  Mr. Martinez stated the Miami River would be a great place for the students to learn about the history of the river and how it impacts society today.  Mr. Martinez stated the purpose for their presentation today is to bring awareness of this program to the MRC and hopefully work together to accomplish this goal. Mr. Martinez welcomed Ms. Daniell Washington, the founder of The Big Blue & You Foundation, a 501(c)3 non-profit whose main mission is to empower young students to become stewards of all-water through visual arts and media.

Mr. Jay Carmichael asked what the MRC can do to help support the efforts of the “One Water” program, and Ms. Washington replied they were hoping the MRC could provide them with some direction, in terms of engaging and educating the children.  In addition, Ms. Washington stated they would like to take the whole summer camp program on a boat tour of the historic Miami River. Mr. Carmichael asked what the ultimate goal of the program is, and Ms. Washington replied that the goal of the pilot program is to produce 30-60 second Public Service Announcements regarding water conservation, and later in the summer, a 4-6 minute documentary.  Mr. Carmichael asked if the subject matter involves uses along the Miami River, and Ms. Miller replied no, the focus is on water conservation.  

Mr. Gary Winston asked if they had reached out to the South Florida Water Management District (SFWMD) and mentioned that MRC Chairman Buermann also serves as Chair of the SFWMD Governing Board, and Mr. Martinez replied that Ms. Miller has reached out to them, as well as the Water & Sewer Department. MRC Chairman Buermann suggested reaching out to Mr. Ed Hernandez, whom is the Director of the SFWMD Miami Service Center, as they perform a lot of outreach and provide education to young people. Mr. Tim Riera-Gomez provided Mr. Martinez with Mr. Hernandez’s contact information. Ms. Patty Harris recommended reaching out to the University of Florida Extension Office in Homestead in order to obtain the farmer’s point of view on water.

MRC Chairman deferred to Mr. Bibeau to provide additional information. Mr. Bibeau noted per standard operating procedure the MRC is offering the students of the One Water program with a free environmental education Miami River boat tour, funded from the grant for educational Miami River Boat Tours provided by Miami-Dade County.  In addition, the MRC offers free booth’s for non-profits at the 14th annual Miami Riverday festival on Saturday, April 10, and noted he would be happy to serve on any committee on behalf of the MRC.

The MRC thanked Ms. Miller, Ms. Washington and Mr. Martinez for their attendance.

I. MRC Subcommittee Reports

A. Dredging Subcommittee (DSC) - Chairman Buermann provided the following report: I continue to work with MRC staff in support of obtaining the non-guaranteed $21 million federal 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 and non-guaranteed federal reimbursements (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 couple representatives of the Dredging contractors 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 Army Corps requires their contract to be formally closed out with their contractors, including finalizing any potential remaining change orders, prior to providing and potential and non-guaranteed refunds to the locals.  Considering the contractors may appeal the Army Corps rejection of the largest change order, this process may take a long time.  Chairman Buermann added he will be scheduling a meeting with the ACOE Jacksonville District’s new Col. Pantano, MRC Managing Director Bibeau and himself to request the ACOE expedite the potential refund of the extra funding provided by the locals, with no guarantee for reimbursement, in order to successfully finish the Miami River maintenance dredging and environmental clean-up project on time and budget. 

B. Urban Infill Working Group (UIWG) – MRC Chairman Buermann noted UIWG Chair Murley was unable to participate in today’s meeting and therefore deferred to Mr. Bibeau to provide an update. Mr. Bibeau provided the following report: As explained in the MRC Urban Infill Subcommittee’s previously emailed and distributed January 21 and February 12 meeting minutes the Miami City Commission unanimously voted in January to abandon all three City of Miami appeals relating to the three specific cases in which they had approved land-use amendments, from marine-industrial to residential, along the Miami River at Coastal on the River, Hurricane Cove and Brisas del Rio, which were overruled and rejected by the Florida Department of Community Affairs (DCA) and the third district court of appeals.

In January the City Commission entered into discussion regarding the Evaluation Appraisal Report (EAR) based amendments to the “Port of Miami River” Sub-Element, specifically the City’s 2008 proposal to delete the word “Port” from the City of Miami’s adopted Neighborhood Comprehensive Plan, adopted by ordinance.  The Florida Department of Community Affairs (DCA) denied the City’s request to delete current references to the “Port of Miami River” in the City’s Comprehensive Plan, to which the City is currently appealing. During the January City Commission meeting, the Commissioners had discussed abandoning the City’s appeal to overturn the State’s denial of the City’s previous desire to remove the word “Port” from the “Port of Miami River” Sub-Element in the City’s Comp Plan and a decision was reached to defer further discussion of the EAR to the February 11, 2010 Miami City Commission meeting.  Subsequently the Miami City Commission deferred further discussion of abandoning their appeal against the Florida Department of Community Affairs (DCA) to continue attempting to overrule DCA’s decision not to allow the City of Miami to delete the “Port of Miami River” from the City’s adopted Comprehensive Plan, to the March 11 City Commission meeting with a time certain at 11 AM.

As reflected in the UIWG’s January 21, 2010 public meeting minutes, on May 5, 2008 the MRC unanimously adopted a resolution (11-0) finding the City of Miami Planning Advisory Board’s proposed EAR recommended amendments to the City of Miami Comprehensive Neighborhood Plan, which do not delete the “Port of Miami River” from the City’s Comprehensive Master Plan (consistent with the FL DCA) to be consistent with the Miami River Corridor Urban Infill Plan, with the following one remaining previous MRC condition: Not deleting Comp. Plan “Policy PR-1.5.8: Expand the existing Jose Marti Park to provide additional recreational opportunities for the area’s residents, workers and visitors.”  When the original City Commission voted to delete the “Port of Miami River” from the City’s adopted Comprehensive Plan were considered by the City Commission on May 8 and November 13, 2008, the MRC’s voted upon advisory recommendation was provided (as requested by the City Commission) in letters from MRC Chairman Buermann to the City Commissioners.

In early January 2010, before the UIWG conducted their public meeting on January 21, 2010, the City Commission had deferred further discussing abandoning their final remaining Miami River related appeal until February 11, 2010, which was before the next MRC meeting on March 1, 2010.  Therefore the UIWG’s January 21, 2010 public meeting minutes reflect Urban Infill Working Group Jim Murley’s recommendation for MRC Chairman Buermann to forward his previous March 2008 and May 8 letters, containing the MRC’s advisory recommendation in support of the City of Miami’s Planning Advisory Board’s recommended EAR based amendments to the Comprehensive Plan, which did not delete the “Port of Miami River” from the City’s adopted Comprehensive Plan, to the City Commission.  MRC Chairman Buermann stated those letters were sent to the City Commissioners just before this related item was scheduled to be considered by the City Commission on February 11, 2010.

The American Institute of Architects (AIA) deferred their presentation to update efforts to create the AIA’s Miami River Catalyst Plan to the MRC’s next public meeting on April 12 when the AIA will present a paper summarizing the AIA’s preliminary findings / investigations, project’s schedule, logistics, and provide a list of AIA Miami River Catalyst Plan team members.  The AIA team will present the referenced document at the UIWG’s March public meeting, prior to its presentation to the full MRC during their April 12 public meeting.  Per standard operating procedure, the Urban Infill Subcommittee’s March public meeting minutes will be e-mailed to you a week prior to the MRC’s April 12 public meeting.

The next UIWG public meeting will be held at the Robert King High New Board Room, 1407 NW 7 Street, March 18, 9 AM.

Mr. Carmichael stated he had read in the press that it is essentially a done deal that Miami City Commissioners will maintain the Port of Miami River, and MRC Chairman Buermann stated the MRC needs to be ever-vigilant and push it towards that conclusion. Dr. Fran Bohnsack, Miami River Marine Group, stated that Mayor Tomas Regalado and Commissioner Marc Sarnoff have been very upfront and supportive, and has not seemed to come across any resistance from the other commissioners.  Mr. Carmichael asked if there was any way that MRC staff could reach out to the staff of each commissioner before March 11, and MRC Chairman Buermann directed MRC staff to send out the MRC’s position letter to each commissioner’s office and follow-up with their staff.

C. Greenways Subcommittee (GSC)
GSC Chair Ernie Martin provided the following update:
“The Greenways subcommittee’s January and February public meeting minutes have been distributed.

The City’s contracted design and construction engineering documents remains on schedule to be completed for the following four sections of the Miami River Greenway by July 2010:

• South Shore – Neo-Vertika to Miami Ave
• Lummus Park
• South River Drive NW 10 Ave (NW 7 ST) - NW 12 Ave
• South River Drive NW 5 ST Bridge - NW 7 ST

In addition the City reported all previously awarded grants to the City of Miami to build sections of the Greenways remain on schedule to be constructed prior to the dates required by the federal funding provider.  Specifically:

• Miami River Greenway along North River Drive from NW 7 Ave to NW 12 Ave fully funded, designed, permitted and scheduled for construction to commence this year.
• Miami River Greenway along South River Drive from NW 1 St to NW 5 ST Bridge fully funded, designed, scheduled for construction to commence this year.

Both of these 2 original grant applications, which resulted in $2 million awarded to the City of Miami from Federal Transportation Enhancement Program funding, were authored by MRC Managing Director Bibeau in 2004 and 2005.

Miami-Dade County representatives will be attending the March 10, 2 PM, Greenways public meeting at 1407 NW 7 ST, to present the County’s 90% complete Miami River Greenways Construction Engineering documents on 6 County owned sites for which commence construction this year.

This represents $9.5 million in previously awarded Federal and Bond funding approved by the voters at referendum in 2003, previously appropriated and currently available for the sole purpose of implementing and constructing 8 specific sections of the adopted Miami River Greenway Action Plan to be constructed commencing this year.

Regrettably no Federal TIGER grants were awarded anywhere in the entire State of Florida, therefore the City of Miami’s application for funding to finish the Miami River Greenway was not funded.

The City of Miami asked Brett Bibeau to author and generate attachments for the City of Miami’s application for a $1 million Federal Transportation Enhancement Program (TEP) grant for a section of the Miami River Greenway entitled “Miami Circle Greenway Extension” on the south shore from South Miami Ave to the Miami Circle.  The City of Miami will submit the application by the March 5 deadline.

The following upcoming volunteer Miami River Greenway beautification events have been scheduled:

• Saturday, March 13, 9-11 AM, Miami River Greenway beautification - painting mural on SE side of 1st ST Bridge, replenishing plants and removing litter on Miami River Greenway along North River Drive, from Lummus Park (NW 3rd Street) to I-95, estimated over 100 volunteers from Hands on Miami and MRC
• Saturday, March 27, 9-11 AM, planting more fruits and vegetables in the community garden and removing litter along the Miami River shoreline at the Miami-Dade County Public Housing Agency’s Robert King High Towers, 1407 NW 7 Street, with 15 volunteers from Hands on Miami and MRC
• Saturday, April 24, 9-11 am, Miami River Greenway beautification - replenishing plants and removing litter on Miami River Greenway along South River Drive, from SW 2nd Ave to NW 1st Street, including Jose Marti Park, with over 100 volunteers from Hands on Miami and MRC

Greenways Subcommittee Chair Martin stated he continues to advocate for the Miami-Dade Water and Sewer Department to open their existing vacant parking lot on North River Drive in the Lummus Park Historic District as a paid parking lot, via an agreement with the Miami Parking Authority.

The Greenways subcommittee’s next public meeting will be held at the Robert King High New Board Room, 1407 NW 7 Street, on March 10 at 2 PM.

Mr. Carmichael asked if the progress along the Miami River Greenway receives any publicity, and GSC Chair Martin replied that it is hard to get any media coverage since the greenway is not a completed, continuous path yet. Mr. Carmichael asked if there is an artistic conception of the greenway, and Mr. Bibeau replied a clear map/concept plan and timeline are provided in the 2009 MRC Annual Report. Mr. Bibeau noted this year is going to be a big year for the Miami River Greenway, as 8 sections are scheduled to break ground, totaling over $9.5 million. Dr. Martin noted it would be great to have press releases, ribbon cutting ceremonies for these sections to hopefully attract the press.

D. Stormwater Subcommittee (SSC) - MRC Chairman Buermann deferred to Mr. Bibeau, as SSC Chair Sallye Jude was unable to attend today’s meeting. Mr. Bibeau welcomed Mr. Wilbur Mayorga, Miami-Dade County Department of Environmental Resources Management (DERM), whom he recognized as a critical partner in the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project, and kindly deferred to him to provide an update. Mr. Mayorga stated DERM had submitted a letter to the City of Miami on October 16, 2009, indicating the Corrective Action Plan (CAP) was approved with certain conditions, and the City had 120 days from receipt of the letter to implement the CAP as approved.  Mr. Mayorga noted on January 26, 2010 he received a letter the City of Miami accepting all conditions from environmental regulatory agencies to finalize permits for the project.  Mr. Mayorga added the last page of the aforementioned letter indicates that the City of Miami is preparing to begin execution of dredging within 6 months.  Mr. Bibeau noted the October 16, 2009 letter referenced implementing the CAP within 120 days, which he believed had essentially meant that the City was legally required to dredge Wagner Creek and Seybold Canal within 120 days from receipt of the letter, since dioxins had been identified in the area. Mr. Mayorga confirmed this understanding, and noted that the City of Miami’s remediation of the dioxin found in the sediments of Wagner Creek and Seybold Canal, owned by the city of Miami, via the City’s selected means of dredging, is indeed a requirement to remediate this significant environmental contamination.

Mr. Bibeau noted the City currently has a $2 million appropriated line item in the bank for this project, plus a potential $1 million from FIND and a potential $1 million from the SFWMD, leaving a $16 million balance for the estimated $20 million project, which the City is seeking from federal funding sources. MRC Chairman Buermann asked if the federal funding request was at the top of the City’s list, and Mr. Bibeau replied yes. MRC Chairman Buermann noted that perhaps the MRC should reach out to FDEP Secretary Sole to request funding for the project. Mr. Bibeau noted other potential funding sources include the recurring City and County Stormwater Utility Fees, which bring in an estimated $10-$12 million per year. MRC Chairman Buermann asked if the City had put in a request for state dollars, and Mr. Bibeau replied he was not aware if the City had approached the State, which is currently in session from March 2-April 30.  Mr. Bibeau noted the FL Legislature is not considering any “Community Budget Initiative Requests” (CBIR) this year for funding due to the austere ST Budget.

Mr. Bibeau provided the following report: “The Stormwater subcommittee’s January and February public meeting minutes have been distributed.

Per the $10,000 grant MRC received from the Elizabeth Ordway Dunn Foundation, the $9,300 has been expended on Scavenger Water Decontamination Vessel Services on the Miami River removing floatable debris, while decontaminating and oxygenating the water. 

I would like to thank the Miami-Dade Water and Sewer Department (WASD) and DERM whom inspected the MRC staff report made during the January SSC meeting, and upon subsequent inspection of the subject riverfront area identified a leak, a hole in the ground above the sanitary sewer line and a clog, which had been causing the persistent strong sanitary sewer odor along South River Drive, from NW 5th and 7th Street.  The WASD removed the sewage clog by clearing the line using a sanitary sewer vacuum truck, the WASD then fixed a leak in the sanitary sewer line and patched a hole in South River Drive directly above the large sanitary sewer lateral which connects into their riverfront sanitary sewer pump station.

The City of Miami granted permission for the MRC to purchase and install 80 small markers, adjacent to storm drains, which state, “Don’t pollute, Drains to River”.

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

E. Economic Development & Commerce Subcommittee - Mr. Bibeau reported that Miami-Dade County had convened its third publicly noticed meeting of the Palmer Lake Planning Charrette Steering Committee.  Dr. Bohnsack, Miami River Marine Group, stated due to the alarm that had been expressed by shipping businesses, such as Antillean Marine, Bernuth, etc. she had attended the aforementioned third publicly noticed meeting, and to her dismay found that the steering committee was preparing to vote on “community priorities”, options which included: relocating heavy marine-industrial uses along the Miami River to the Port of Miami, filling in Palmer Lake, bringing in tourist-related opportunities like casinos and hotels to the subject area, etc. Dr. Bohnsack stated she wished to bring this concern to the attention of the MRC, since she anticipates that these items will be voted on soon.  Dr. Bohnsack stated the Palmer Lake public Planning Charrette and steering committee have not considered data and analysis.  Mr. Bibeau stated he serves as Vice Chair of the Steering Committee, which is in charge of helping develop the public charrette.  Mr. Bibeau noted not even the steering committee members had been told in advance that there was going to be a vote that day when a Miami-Dade County Planning Department staff member had distributed a ballot with five voting items-none of which had included the preservation of marine industrial uses along the Miami River, Tamiami Canal and Palmer Lake.  Mr. Bibeau stated the Steering Committee had decided to defer voting on any potential items until the steering committee had met at least once more.  Mr. Bibeau noted that neither the charrette nor the next steering committee meetings have been scheduled.  MRC Vice Chair Phil Everingham asked if Miami-Dade County Commissioner Bruno Barreiro has been involved in this process and Mr. Bibeau replied he had attended the second public meeting.  Mr. Bibeau pointed out the Palmer Lake boundary area on the Miami River aerial.  Vice Chair Everingham recommended inviting the Planning Department to present the Palmer Lake Planning Charrette process to the MRC’s Urban Infill Working Group public meeting in March, followed by the full MRC’s next meeting on April 12, noon 1407 NW 7 ST.  Dr. Martin noted he had been informed that the Palmer Lake charrette was not being conducted according to professional planning practices, as data and analysis had not been performed, and therefore encouraged the MRC to intervene to ensure a proper planning process.  In addition, Dr Martin recommended the County conduct an Economic Analysis for the specific Palmer Lake Planning area to determine what uses are most economically feasible in this area.

The MRC agreed to send a letter to Mr. Jose Bared, Chair of the Palmer Lake Steering Committee, in addition to the Miami-Dade County Planning Department Director, inviting them to the March 18 Urban Infill meeting and the subsequent April 12 MRC meeting in order to obtain a better understanding of the Palmer Lake Charrette.

Dr. Bohnsack stated she wished to interject that it would not be feasible to relocate all the industrial related uses along the Miami River to the already full Port of Miami, as 1) all these businesses are privately owned and doubted the County was going to buy all this land and 2) the Miami River is a shallow draft port and helps serve a niche market, while the Port of Miami is not, etc.

Per the request of Dr. Bohnsack and the MRC, Ms. Ashley Chase agreed to email blast the next Palmer Lake meeting invitation to her, as well as to everyone on the MRC’s database.

The meeting adjourned.

III. Presentation of Miami-Dade County’s Palmer Lake Charrette - MRC Chairman Buermann welcomed Mr. Marc LaFerrier, Director of Miami-Dade County Planning & Zoning, whom thanked the MRC for the opportunity to present an update of the Palmer Lake Charrette Plan/Study and noted Mr. Eric Silva, Miami-Dade County Planning & Zoning, would be providing a PowerPoint presentation of the study area and process.  Planning Director LaFerrier noted that County Commissioner Bruno Barreiro sponsored a resolution last year to embark upon a charrette/study of the Palmer Lake area. Director LaFerrier stated the process itself takes a couple of years, and it is the county’s intention to remain as inclusive as possible. Director LaFerrier stated the county officially commenced the Palmer Lake study four months ago, formed a Steering Committee and continues to meet with them in public meetings to discuss areas that may need to be enhanced and pre-plan for future development.  Director LaFerrier explained that sometimes, in addition to updating regulations, a charrette may involve land use and/or zoning changes. Director LaFerrier stated the designated Urban Center may not be appropriate and maybe modified.  Director LaFerrier noted the County has yet to schedule the public charrette, yet noted the Steering Committee’s next meeting will be held on April 14.  Director LaFerrier stated he would like to come back to the Miami River Commission in future months to present updates to the plan and its process. Director LaFerrier added that once the County gets to the point of formalizing the recommendations of the Steering Committee, he will come to the MRC for their input before moving forward to the County’s Planning Advisory Board and Board of County Commissioners for consideration.  Director LaFerrier noted planning is needed for the car rental sites which will be vacated when they move into the MIC’s Car Rental Facility currently under construction.  Director LaFerrier stated the County realizes the importance of the Miami River as a working waterfront and how it positively contributes to the economy of Miami-Dade County. Director LaFerrier deferred to Mr. Silva to provide the PowerPoint presentation/slide show and noted he was available to answer any questions. Mr. Silva presented and discussed the following components of the Palmer Lake Charrette/Study:

• Area is bound on the south by the Tamiami Canal, on the east by the Miami River, on the west by Douglas Ave and on the north by the intersection of South River Drive and Douglas Ave
• The MIC (Miami Intermodal Center), which neighbors Palmer Lake, is one of the major reasons why the County thought it pertinent to embark on this charrette; needed to determine how Palmer Lake and the surrounding area would connect to the MIC
• A portion of the area has been designated a Municipal/Metropolitan Urban Center, or an area where different kinds of transit come together; also considered most favorable places in County to be urbanized and/or foster urban development
• Zoning in study area is “Industrial”
• Charrette will help create a development and vision; Palmer Lake strategically located in an area that can be enhanced/improved
• Currently in plan preparation/gathering process; Steering Committee meetings will continue; then, will conduct public charrette/design workshop, formalize and take recommendations generated at charrette back to Steering Committee; these recommendations will be presented to Planning Advisory Board and subsequently, Board of County Commissioners; Charrette itself is a 3-week planning process
• Tentative timeline: 3 week Charrette to take place in June/July; Steering Subcommittee-which Mr. Bibeau serves as Vice Chair- will review recommendations in September; will be presented to Planning Advisory Board in October and Board of County Commissioners in November 2010

Questions/Comments

• Dr. Fran Bohnsack, Miami River Marine Group, asked if the County could provide a general timeline for this process as she is currently working with a consultant, Bill Hamlin, to try and develop some sort of synergy between the Miami River, Port of Miami and the airport; Mr. Silva replied the county expects to conduct the charrette this summer and present recommendations to the MRC sometime in November.
• Mr. Gary Winston asked Mr. Silva to explain any and all changes that have occurred in specific areas 5-10 years following a charrette process; Mr. Silva stated an estimated 8,000 or so dwelling units have been approved in Miami-Dade County following charrette/planning processes in Downtown Kendall and Naranja; In addition, charrettes have helped promote both county and private investment and infrastructure improvements in areas; Mr. Winston asked if new attention drawn to the Palmer Lake area or tax incentives have prompted the county to conduct a charrette, and Mr. Silva replied portions of the subject area are already designated either an Enterprise Zone, a neighborhood revitalization area or community redevelopment area, and are therefore receiving economic incentives-Palmer Lake, for instance, is designated an empowerment zone.
• MRC Chairman Buermann stated the American Institute of Architects are conducting a charrette for the future, overall vision of the Miami River in June 2010 and encouraged Miami-Dade County to communicate with them.  Mr. LaFerrier replied that the County is already “plugged into” the AIA process.
• MRC Chairman Buermann and UIWG Chairman Murley thanked the County for including the Miami River Commission in their planning process and encouraged them to be consistent with the Miami River Corridor Urban Infill Plan, the Miami River Multimodal Transportation Plan and the Miami River Greenway Action Plan as references for the future vision of the Miami River. Director LaFerrier stated it is the County’s intention to build off pay homage and be consistent with these plans, not undue them
• UIWG Chair Jim Murley directed everyone’s attention to the two parallel rail lines crossing the Miami River on display in the slide show; the first existing rail line is used by Tri-Rail while the second is the proposed Earlington Heights – MIC metro-rail extension; UIWG Chair Murley noted that located west of these rail lines is the MIC and its Rental Car Facility a key facility within the study area, which is owned by the Florida Department of Transportation
• Mr. Horacio Stuart Aguirre asked if anyone knew the depth of Palmer Lake as he stated he was trying to figure out what utility it may have for recreational and commercial marine uses, and Commissioner Barreiro replied he estimated it is 30 feet deep considering the Lake was previously a rock pit
• Mr. Jay Carmichael asked if the recommendations generated via the charrette process and approved by the Board of County Commissioners will have any binding effect and/or subsequently become the blueprint for the subject area, and Mr. LaFerrier explained that after the planning recommendations generated by the charrette/public comment are accepted by the Board of County Commissioners (BCC), implementation measures may be established and come back to the BCC with advisory input from the MRC in a regulatory fashion, or may simply come back to the BCC with advisory input from the MRC in a budgetary manner, which may lead to changes in infrastructure or capital improvement plans.
• Commissioner Barreiro stated it is his goal to have the Palmer Lake charrette completed before the MIC, since he does not want to lose the waterfront potential that surrounds this property and hopes it can be integrated in the MIC process and create a positive synergy; Commissioner Barreiro stated he would like to continue promoting water dependent  opportunities
• Ms. Sallye Jude stated she had read in the Miami Herald recently that the Miami River has been added to a working waterfront bill. Dr. Bohnsack clarified that the pending working waterfront enabling legislation would include the Miami River’s shipping terminals. The legislation would help ensure the survival of these businesses, as their property value would be assessed according to their actual marine industrial use.
• Director La Ferrier provided a list of Steering Committee members

MRC Chairman Buermann thanked Director LaFerrier and Mr. Silva for their presentation.

I. MRC Chair Report – MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft January 11 and March 1 public meeting minutes.  The MRC unanimously adopted a motion to approve the MRC’s January 11 and March 1, 2010 meeting minutes.

MRC Chairman Buermann noted the rotating PowerPoint of two recent volunteer events:

• On Saturday, March 27, nearly a dozen Hands on Miami volunteers joined the MRC to refurbish and tend to the free, fresh and healthy fruit and vegetable garden at Miami-Dade County Public Housing Agency’s elderly housing development here at Robert King High, 1407 NW 7 Street. In addition, volunteers removed litter and debris along the Miami River shoreline at the site.
• On Saturday, March 13, 2010, 9-11 an estimated 100 volunteers from Hands on Miami partnered with the Miami River Commission, to help beautify the Miami River Greenway along North River Drive, from Lummus Park to I-95.  Volunteers painted an artistic mural depicting trees and parrots on the Southeast side of the 1st Street Bridge, planted over 40 new plants, pulled weeds and removed litter along the greenway. 

MRC Chairman Buermann announced that last Saturday was the free 14th annual Miami Riverday. The festival featured free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.  MRC Chairman Buermann stated he believed this to be the best Riverday he has attended, and thanked MRC staff for their hard work. In addition, MRC Chairman Buermann stated he preferred the new Lummus Landing location over José Martí Park due to its strong historical connection to the Miami River including the Wagner Homestead and Fort Dallas.  Mr. Carmichael stated there was not much parking being offered at the festival, and Mr. Bibeau stated staff had secured five free parking lots (3 of which were county-owned) for Riverday-all of which were marked with large “FREE Riverday Parking” banners and had assigned volunteers to monitor these lots.  Mr. Bibeau thanked the Honorable Commissioner Barreiro, Ms. Avalo, Mr. Gomez-Riera and Miami-Dade County for opening the area’s three County owned vacant parking lots for free Riverday parking.  Mr. Stuart Aguirre noted the great participation aboard each of the 16 Miami River boat tours. Ms. Patty Harris noted that well over 1,000 people had taken a free educational Miami River boat tour on Riverday. Mr. Bibeau thanked the MRC board members and designees whom had volunteered their time to narrate the boat tours. Mr. Bibeau stated the MRC will present plaques of appreciation to the generous Riverday sponsors at the May 3 MRC meeting.

MRC Chairman Buermann stated The 7th Annual Miami River Map and Guide were released at Miami Riverday and have been provided today to all board members and designees.

Miami River Voluntary Improvement Program (VIP): Mr. Jay Carmichael reported the City of Miami has issued a code enforcement violation to a private property owner along the south shore of the Miami River, west of the MetroRail, whom is using the site as a parking lot.  Mr. Carmichael noted the private parking lot has been fenced all the way to the river, and the city has required them to setback 14 feet from the river which is required to be publicly accessible.  MRC Chairman Buermann thanked Mr. Carmichael for his report, noting every month the VIP program reports positive progress.

II. Required Florida Department of Transportation Free Public Purpose Lease for Volunteer Painted Artistic Mural on SE side of the 1st Street Bridge - Mr. Bibeau stated the artistic mural on the southeast side of the 1st Street Bridge referenced in this agenda item is showcased in the rotating PowerPoint presentation.  Consistent with the MRC’s adopted strategic plan, Mr. Bibeau noted the MRC continues to host volunteer beautification events along the Miami River Greenway including beautifications beneath and adjacent to Bridges.  Some of the volunteer projects include the creation of artistic murals beneath bridges i.e 27th Avenue (sunset), NE side of the 1st Street Bridge (marine life), Flagler Bridge (marine life), etc. Mr. Bibeau noted a new mural was recently created along the Miami River Greenway with a FDOT issued General Permit on the SE side of 1st Street Bridge depicting trees and 2 parrots.  Mr. Bibeau explained that it has been and will continue to be the responsibility of the MRC to maintain the murals painted by volunteers (with assistance provided by professional pressure cleaners and artists) beneath FDOT Bridges, consistent with the permits FDOT issued to the MRC.  In addition, the Florida Department of Transportation (FDOT) has changed its policy and now their permit is to be accompanied with a FDOT public purpose lease. Therefore FDOT is requiring the MRC to request a free public purpose lease via resolution. Mr. Bibeau noted FDOT’s draft public purpose lease was emailed to all MRC board members and designees one week prior to today’s meeting, and printed copies are available.

Question/Comments:

• Mr. Bibeau explained the 1st Street Bridge is entering into a PD & E phase, which will analyze multiple alternatives for that bridge (which may include replacement, reconstruction, or no action taken at all, etc.).
• Ms. Jude expressed her support of the artistic murals and stated she believed it is “money well spent.”
• Mr. Carmichael noted a provision in the draft free public purpose lease agreement which requires a $1 million insurance policy. Mr. Bibeau explained there was no additional charge to the MRC to add FDOT as a co-insured entity on the existing policy. Mr. Carmichael asked if this policy covers murals, and Mr. Bibeau replied it covers FDOT, in addition to Miami-Dade County, the South Florida Water Management District, the City of Miami, etc. Mr. Winston asked that if any damage caused to the mural would be covered under the insurance, via mural insurance, and Mr. Bibeau replied FDOT had accepted the Insurance Certificate provided to them.  Per the suggestion of the MRC, Mr. Bibeau agreed to obtain more information regarding the insurance policy.
• Mr. Bibeau noted that all volunteers are required to sign a 100% hold harmless indemnification prior to commencing any river-associated beautification project; Mr. Winston asked if the waiver was for the Miami River Fund or the MRC, and Mr. Bibeau replied it is with both, and noted that after many years of hosting thousands of volunteers, no injuries have occurred.

Javier Betancourt made a motion authorizing the MRC to enter into the free public purpose lease-as being requested from the Florida Department of Transportation-for the new artistic mural along the Miami River Greenway on the SE side of the 1 ST Bridge, depicting trees and 2 parrots; the motion was seconded by Tim Riera-Gomez and was unanimously adopted, 12-0.

IV. MRC Subcommittee Reports

A. Greenways Subcommittee - Mr. Bibeau provided the following report on behalf of GSC Chair Ernie Martin, whom was unable to attend today’s meeting:

“The Greenways subcommittee’s March public meeting minutes have been distributed.

The March 10, Greenways public meeting minutes reflect Miami-Dade County and their hired engineer firm’s 90% complete Miami River Greenways Construction Engineering documents on 6 County owned sites for which commence construction was estimated to commence this year.  The County recently announced their 5th delay in the estimated timeline.  Now the earliest possible date to commence construction is October 2011, if the projects balance due is included in the County’s 2010 Bond Issuance which will be considered by the Board of County Commissioners in a few months.

MOTION #1 Suggested by GSC Chair Dr. Ernie Martin:
MRC to recommend that the County include the remaining funding in the approved “Miami River Greenway” line item be included in the County’s September 2010 bond issuance, in order to have the funding to construct the nearly completed $500,000 worth of engineering documents. In addition the MRC recommends any potential leftover funding from the GOB $7.5 million Miami River Greenway line item be utilized to construct sections of the Miami River Greenway at additional needed County-owned sections along the Miami River, consistent with the Miami River Greenway Action Plan adopted by the County in 2001, such as along NW South River Drive from the Tamiami Canal, taking a left at NW 25th Street to tie into the Miami Intermodal Center, and perhaps proceeding around Palmer Lake, in addition to significant riverwalk improvements at the County owned Robert King High, 1401 – 1407 NW 7 ST. The Motion was made by Mr. Horacio Stuart Aguirre, seconded by Commissioner Bruno Barreiro and unanimously adopted.

MOTION #2 Suggested by GSC Chair Dr. Ernie Martin
As reflected in the March minutes, I would like to a make a second motion that the MRC recommends the following three minor revisions to the 90% complete Miami River Greenway construction engineering documents:

• Site 1:  Remove the western terminus / obstacles on the public riverwalk planned for Site 1, so that when the “Reflections on the River” site gets redeveloped immediately west, Site 1’s riverwalk can proceed west to connect to Reflection on the River’s approved public riverwalk.

• Site 1:  Relocate bench(s) east into the open space and shift 2nd Royal Palm to the west to widen the “western pinch point” near the Bridge tender tower from 5 feet, increasing it to 10 feet and beyond

• Site 4: Establish a connection to the M-Path heading north to the adjacent SW 3rd Street, similar to how the south shore Metro Rail riverwalk connects with the M-Path proceeding south to the adjacent SW 7 Street, and south shore Metro-Mover heads south to SE 5th Street

The motion was made Ms. Sallye Jude, seconded by Mr. Javier Betancourt, and was unanimously adopted.

Mr. Bibeau noted the City’s contracted design and construction engineering documents remains on schedule to be completed for the following four sections of the Miami River Greenway by July 2010:

• South Shore – Neo-Vertika to Miami Ave
• Lummus Park
• South River Drive NW 10 Ave (NW 7 ST) - NW 12 Ave
• South River Drive NW 5 ST Bridge - NW 7 ST

In addition the City reported all previously awarded grants to the City of Miami to build sections of the Greenways remain on schedule to be constructed prior to the dates required by the federal funding provider.  Specifically:

• Miami River Greenway along North River Drive from NW 7 Ave to NW 12 Ave fully funded, designed, permitted and scheduled for construction to commence this year.
• Miami River Greenway along South River Drive from NW 1 St to NW 5 ST Bridge fully funded, designed, scheduled for construction to commence this year.

Mr. Bibeau noted he had authored both of these 2 original grant applications, which resulted in $2 million awarded to the City of Miami from Federal Transportation Enhancement Program funding.

Mr. Bibeau stated he was pleased to announce that the next volunteer Miami River Greenway Beautification event will be held on Saturday, April 24, 9-11 am, and activities will include: replenishing plants, pulling weeds and removing litter on the Miami River Greenway along South River Drive, from SW 2nd Ave to NW 1st Street, including Jose Marti Park, with over 100 volunteers from Hands on Miami and the MRC.

The Greenways subcommittee’s next public meeting will be held at the Robert King High Classroom at 10:30 am.

Mr. Bibeau noted he would be representing the Miami River Commission at a Miami-Dade County Transit, Infrastructure and Roads Subcommittee meeting on Wednesday, April 14, 2 pm, to advocate that the balance of the voter-approved $7.5 million for the Miami River Greenway be included in the upcoming GOB bond issuance to construct the 90% complete construction engineering documents which the County contracted for $500,000. Mr. Bibeau noted a Miami-Dade County Commissioner is trying to relocate a portion of the voter-approved funding for the Miami River Greenway project-specifically $800,000, and apply it instead towards another county project. Commissioner Barreiro stated that he would like to sponsor a resolution/ordinance requesting that from now on, all commissioners should be notified and made aware of any proposal to remove GOB funding from their respective districts.

B. Stormwater Subcommittee – SSC Chair Sallye Jude provided the following report:
“The Stormwater subcommittee’s March public meeting minutes have been distributed.

As outlined in our last several monthly meeting minutes and the previously provided FDEP memo which is before you again today, I would like to make a motion to provide $1,700 in order to collect and analyze up to 100 water samples for the Walk the WIBDs process (100 x $17 per sample) in Wagner Creek and Seybold Canal, in an effort to identify pollution sources.

Upon review of the distributed proposal, MRC Vice Chair Phil Everingham stated he would like to ensure that Miami River Commission staff does not bear the responsibility of conducting the reporting and/or reviewing data collected. Mr. Bibeau explained that the SSC is composed of representatives from FDEP, SFWMD, Miami-Dade County DERM, the City of Miami and the Water and Sewer Department, whom will be in charge of these activities. Mr. Bibeau noted the responsibility of the SSC-led by the MRC-is to keep the Walk the WIBDs exercise as a self-standing agenda item on all future SSC meeting agendas, and ensure that samples are taken, pollutant sources are identified, and remediation is conducted by the responsible environmental agencies. Per the suggestion of Chairman Buermann, Ms. Lucy Perez, South Florida Water Management District, stated the SFWMD will continue participating in the monthly SSC meetings which have this as a standing item, and assistance in reviewing any reports/results generated by the Walk the WIBDs exercise. 

Ms. Sallye Jude made a motion for the MRC to provide $1,700 in order to collect and analyze up to 100 water samples for the Walk the WIBDs process (100 x $17 per sample) in Wagner Creek and Seybold Canal, in an effort to identify pollution sources. The motion was seconded by Ms. Patty Harris and was adopted 10-1.

Ms. Jude deferred to Mr. Stuart-Aguirre to present the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report.

Horacio Stuart Aguirre:  On January 26 the City of Miami wrote a letter regarding the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project to DERM, accepting all conditions from environmental regulatory agencies to finalize permits for the project.  In addition, the positive letter concludes by stating, “The City of Miami is preparing to begin execution within 6 months”.  The City of Miami has $2 million appropriated for the estimated $20 million project, and is seeking $1 million cost shares from FIND and the SFWMD and $16 million from the Federal Government.  This project was discussed with Honorable Congresswoman Ros-Lehtinen, Honorable City Mayor Regalado, Honorable Commissioner Gort and City Manager Migoya on an educational boat tour held April 7.  The MRC continues to support the City’s longstanding efforts to secure the permit and funding to conduct the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project. 

The Stormwater Subcommittee’s April Subcommittee meeting was held April 7, and the next regularly scheduled 1st Wednesday of the month public meeting will be held on May 5, 10 am, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

C. Dredging Subcommittee - MRC Chairman 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 and 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 couple representatives of the Dredging contractors 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 Army Corps requires their contract to be formally closed out with their contractors, including finalizing any potential remaining change orders, prior to providing and potential and non-guaranteed refunds.  Considering the contractors may appeal the Army Corps rejection of their largest change order, this process may take a long time.  Chairman Buermann added he will be scheduling a meeting with the ACOE Jacksonville District’s new Col. Pantano, MRC Managing Director Bibeau and himself to request the ACOE expedite the potential refund of the extra funding provided by the locals, with no guarantee for reimbursement, in order to successfully finish the Miami River maintenance dredging and environmental clean-up project on time and budget.

D.  Urban Infill Working Group - UIWG Chair Jim Murley provided the following report:
The American Institute of Architects (AIA) deferred their presentation to update efforts to create the AIA’s Miami River Catalyst Plan to the MRC’s next public meeting on May 3 when the AIA will present a paper summarizing the AIA’s preliminary findings / investigations, project’s schedule, logistics, and provide a list of AIA Miami River Catalyst Plan team members.  Due to health conditions, the previous AIA Miami River Catalyst Plan leader Antonio DiMambro, whom previously participated in a MRC meeting, has been replaced with Mr. Harris Steinberg, whom is experienced in Philadelphia’s waterfront. Mr. Steinberg will present at the MRC’s May 3 meeting.  The AIA team will present the referenced document at the UIWG’s April public meeting, prior to its presentation to the full MRC during their May 3 public meeting.  Per standard operating procedure, the Urban Infill Subcommittee’s April public meeting minutes will be emailed to you a week prior to the MRC’s May 3 public meeting.  Please Save June 7 in your schedules for AIA’s main public planning Charrette for their Miami River Catalyst Plan.

The next UIWG public meeting will be held on April 20, 9 am at Robert King High.

V. New Business

Mr. Javier Betancourt stated the Miami City Commission may be considering a Miami 21-related amendment involving renaming the “civic space” category to “park” at next Thursday’s City Commission meeting, and asked if the MRC had a formal recommendation on this item. MRC Chair Buermann stated the MRC could not take any formal action at today’s meeting, since the meeting no longer had quorum, but encouraged any attendees to voice their individual recommendations to the City Commissioners via individual letters.  Mr. Stuart Aguirre agreed to keep the MRC informed on this issue.

The meeting adjourned.

oice

I. MRC Chair Report -  MRC Chairman Buermann stated the free 14th annual Miami Riverday festival was held on April 10 and featured free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc. MRC Chairman Buermann noted the rotating PowerPoint with pictures of the 14th Annual Free Miami Riverday Festival.  On behalf of the MRC, Chairman Buermann and MRC staff presented plaques of appreciation to the following generous sponsors whom made the special, educational and fun event possible:

• Ms. Marlene Avalo, on behalf of the Honorable County Commissioner Bruno Barreiro and Mr. Tim Gomez Riera on behalf of the Honorable Mayor Alvarez: Mr. Brett Bibeau, MRC Managing Director, thanked Miami-Dade County for awarding the Miami River Fund, Inc. 2 Cultural Affairs grants
• Mr. Jose Gell, Bayfront Park Management Trust: Mr. Bibeau thanked the Bayfront Park Management Trust for their in-kind donation of the performance stage for Riverday
• Mr. Dick Bunnell, Bunnell Foundation: Mr. Bibeau thanked Mr. Bunnell for the site preparation at Lummus Landing (i.e. gangways and barges for free riverboat rides)
• Mr. & Mrs. Marc & Sophie Mastriano, Water Management Technologies: Mr. Bibeau thanked the Mastriano’s for their gracious sponsorship and for showcasing the Scavenger 2000 Decontamination vessel at Riverday
• Ms. Mayra Escobar, Jones Boatyard: Mr. Bibeau thanked Jones Boatyard for their gracious sponsorship and for their in-kind donation of two floating barges for the free riverboat rides
• Ms. Dolores Torres, Sir Speedy: Mr. Bibeau thanked Sir Speedy, located on the Miami River Greenway, for their in-kind donation of printing services for Riverday
• Mr. Harry Horgan, Shake-a-Leg Miami: Mr. Bibeau thanked Mr. Horgan for the in-kind donation of the Pearson Pontoon vessel, which provided free Miami River boat tours
• Ed Hernandez, The South Florida Water Management District: Mr. Bibeau thanked the SFWMD for their continued support of the Miami River Commission, which has allowed the MRC to continue producing the free annual Miami Riverday festival for the community over the years

MRC Chairman Buermann asked Mr. Jay Carmichael for an update regarding the MRC’s Voluntary Improvement Program, otherwise known as “Miami River VIP”:
Mr. Carmichael provided the following update in regards to two meetings held in April to address several VIP items:

• Met with Miami Dade Transit (MDT) regarding their seawall which had fallen into the Miami River; MDT indicated they had no money to remove or replace the seawall and is currently  investigating potential funding sources recommended by MRC staff
• Met with DERM and the City Marine Patrol regarding three derelict vessels.  One has been removed, and the remaining two need funding for removal.  One of the remaining two has been posted as a derelict, and the last one will be posted as a derelict within a week.  Although no funding for derelict vessel removal is in the draft FY ’11 DERM budget, they are considering inserting some funding, which may then be used as the required match for additional funding needed to remove derelict vessels from potential grant sources such as FIND.  DERM will ask Miami-Dade Solid Waste to waive future expensive tipping fees to dispose of the derelicts after removed.  DERM suggested the MRC ask marine contractors to remove the derelicts at no charge, as an in-kind donation. Mr. Carmichael therefore asked if the MRC board would consider taking some kind of action via asking marine contractors to remove these vessels, at no charge.

MRC Chairman Buermann asked if the owners of these derelict vessels have been contacted, and Mr. Carmichael explained that one of the boats in question-an abandoned sailboat located at the former Big Fish restaurant-has not been declared a derelict vessel, as Miami Marine Patrol continues to work with the former Big Fish property owner in order to identify the vessel owner. Mr. Bibeau noted the second of three derelict vessels is located on the north shore of the Miami River, just west of SR-836, and the City’s Marine Patrol did identify and contact the vessel owner.

Ms. Sallye Jude suggested informing the Marine Council, and Phil Everingham, the Marine Council’s designee on the MRC, agreed to forward this information along.  

MRC Chairman Buermann asked how other waterfront communities tackle “this problem” with derelict vessels, and Mr. Carmichael replied that, while serving as Rear Admiral of the U.S. Coast Guard, derelict vessel removal always seemed to be a problem, due to a lack of funding and jurisdictional issues.

Mr. Horacio Stuart-Aguirre stated there is a national association for recreational boat owners called “Boat U.S.” who published a story within the last 12 months citing derelict vessels as a growing national problem, and perhaps a consequence of the recession.

Mr. Dick Bunnell, Bunnell Foundation, stated he was under the impression that the City of Miami had successfully discarded/removed numerous derelict vessels over the last five years in the Miami River and Biscayne Bay, thanks to funding he believed was provided by the Florida Department of Environmental Protection (FDEP).  Mr. Robert Weinreb, City of Miami, stated it was his understanding that during that time, the City of Miami had been able to secure funding from the Florida Inland Navigation District (FIND) to remove derelict vessels in certain areas. Mr. Weinreb suggested contacting FIND to see if funding can be obtained to remove derelict vessels along the Miami River.  Mr. Bibeau replied 50/50 local matching funds would be required for City and or County grant applications to FIND for derelict vessel removal.

Mr. Lee Hefty, DERM, stated although funding remains an issue, he encouraged everyone to continue reporting vessels believed to be derelict.  Mr. Hefty stated DERM continues to work in partnership with Florida Fish & Wildlife Conservation Commission (FWC) officers to identify derelict vessels.  Mr. Hefty explained the removal of derelict vessels is a lengthy process. Once a vessel is declared derelict, and funding is in place, only then may a derelict vessel be removed.  

MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft April 12 public meeting minutes.  Ms. Sallye Jude made a motion to approve the MRC’s April 12, 2010 meeting minutes.  The motion was seconded by Mr. Richard Dubin and unanimously adopted.

II. Update of American Institute of Architects (AIA) June 2010 National Convention and Creation of the Miami River Catalyst Plan - MRC Chairman Buermann welcomed Mr. Subrata Basu, Assistant Director of Miami-Dade County Department of Planning & Zoning, whom provided a brief update of the upcoming AIA national convention and creation of the AIA’s Miami River Catalyst Plan. Mr. Basu reported that the AIA team is moving ahead as planned, and the public charrette is scheduled for June 6-9.  Mr. Basu stated copies of the AIA team members and additional materials were previously provided by MRC staff prior to today’s meeting.  MRC Chairman Buermann asked where the charrette will be held, and Mr. Basu replied the Hyatt Hotel, 400 SE 2nd Avenue, along the Miami River. Mr. Basu added that additional meetings would also take place at the EPIC Hotel, where the AIA team is staying.

Mr. Basu provided the following schedule:

June 5: AIA team arrives
June 6 & 7: AIA to tour Miami River; will attend the MRC June 7 meeting to continue interviewing Miami River stakeholders; The public meeting will be held that Monday evening, June 7 in the Hyatt Hotel, 400 SE 2nd Avenue
June 8 & 9: AIA team production days; a public presentation will be held at the Hyatt the evening of June 9
June 10: AIA convention takes place at the Miami Beach Convention Center where results of study will be displayed

Mr. Basu reported that due to health reasons, Mr. Antonio DiMambro, had regrettably decided that it would not be possible for him to continue serving as the leader for the AIA Miami River Catalyst Plan initiative, and Mr. Harris Steinberg, whom is experienced in Philadelphia’s waterfront, had taken his place.  Mr. Basu stated Mr. Steinberg, and the team, will be arriving in Miami next week and will be touring the Miami River and meeting with stakeholders.  Mr. Basu stated he would be happy to address any questions.

On behalf of the MRC, Chairman Buermann expressed his excitement of the event.  Mr. Basu stated the AIA team has invited City of Miami Mayor Tomas Regalado and County Commissioner Bruno Barreiro to kick off the official AIA meeting at the Hyatt on June 7.  MRC Chairman Buermann thanked Mr. Basu for his update.

MRC Chairman Buermann welcomed the Honorable City of Miami Mayor Tomas Regalado and thanked him for attending today’s meeting. MRC Chairman Buermann deferred to the MRC’s Subcommittee Reports in order to bring the Mayor’s attention to some critical issues.

III. MRC Subcommittee Reports

A. Greenways Subcommittee - GSC Chair Dr. Ernie Martin welcomed Mayor Regalado and noted a retreat had recently been held to review the goals of the Miami River Commission, and one of the priority goals remains completion of the publicly accessible Miami River Greenway. GSC Chair Martin thanked Mayor Regalado for his continued support of the Miami River Greenway.  GSC Chair Martin also thanked County Commissioner Bruno Barreiro whom has championed finishing implementation of the City and County’s unanimously adopted Miami River Greenway Action Plan.

GSC Chair Martin reported to date, 3.25 miles of the Miami River Greenway have been completed along the Miami River, and another 2 miles have been funded, designed and about to break ground, which essentially makes the planned 10 mile Greenway half done, from Biscayne Bay to the 12 Ave Bridge.  GSC Chair Martin reported regrettably, the Miami River Greenway continues to suffer setbacks in the public and private sector, partially due to the struggling economy.  

GSC Chair Martin noted the City-contracted design and construction engineering documents are in jeopardy of falling behind schedule to be completed by July 2010 as required by the awarded Federal / State grant funding providers, for the following four sections of the Miami River Greenway,:

• South Shore – Neo-Vertika to Miami Ave
• Lummus Park
• South River Drive from NW 10 Ave (NW 7 ST) - NW 12 Ave
• South River Drive from NW 5 ST Bridge - NW 7 ST

In addition, GSC Chair Martin reported $4 million in previously awarded grants to the City of Miami to build sections of the Greenways are in jeopardy to not make the deadline to construct, as required by the federal funding provider.  Specifically:

• Miami River Greenway along North River Drive from NW 7 Ave to NW 12 Ave fully funded, designed, permitted and scheduled for construction to commence this year.
• Miami River Greenway along South River Drive from NW 1 St to NW 5 ST Bridge fully funded, designed, scheduled for construction to commence this year.

Therefore, GSC Chair Martin strongly urged the City of Miami to finish the engineering and construction of these previously awarded federal / state grants before the funding providers take their several million dollars back for inability to spend the funding since awarded over 4 years ago.

Mayor Regalado noted that Mr. Johnny Martinez, former Secretary of FDOT, has been hired to serve as the City of Miami’s Assistant City Manager, and Ms. Alice Bravo, a former FDOT Project Manager, has been hired as the new Director of Capital Improvements.  Mayor Regalado agreed the aforementioned projects, including the Spring Garden Greenway (along North River Drive from NW 7 Ave to NW 12 Ave), should be put out to bid immediately and noted he would check with the Office of Procurement on the status of all the greenway sections.  Mayor Regalado stated if it is determined that something has to be done at the City Commission level to award the construction contracts, then he would ask for this item to be taken up at the May 20 City Commission meeting for a vote.  In the meantime, Mayor Regalado encouraged the MRC to reach out to Mr. Tony Crapp Jr, Assistant City Manager of Operations and Procurement, to help follow up on this issue.  GSC Chair Martin thanked Mayor Regalado for his support and noted he was eager to work with his team.

GSC Chair Martin stated he wished to address the riverfront portion of the City’s Lummus Park, otherwise known as “Lummus Landing”, which he considered to be another outstanding issue. GSC Chair Martin reported the City had committed some funding to complete a riverwalk at Lummus Landing that is eventually supposed to tie into the proposed riverwalk at the adjacent Miami-Dade Water & Sewer Department Pump Station facility, but that funding has since disappeared from the City’s budget.  Mayor Regalado noted that was very strange and suggested that perhaps the former administration had appropriated it to another city project.  Mayor Regalado thanked the MRC for providing him an informational Miami River boat tour, after which he asked Ms. Madelyn Valdez, City of Miami Asset Management, to conduct research of the Lummus Landing property.  Mayor Regalado stated according to Ms. Valdez’s research, the City of Miami has an active permit to temporarily dock boats in Lummus Landing, but docking in these areas was not permitted overnight.  Mayor Regalado explained this information is useful since it will serve the purpose of creating the desired Fisherman’s Wharf in Lummus Landing.

Mayor Regalado stated the City of Miami has been awaiting approval from the Miami-Dade County Water & Sewer Department for the county-owned vacant parking lot on NW North River Drive to be opened for public paid parking.  Mayor Regalado stated although the City of Miami Zoning Department and the Miami Parking Authority have provided their approval-and despite County Commissioner Bruno Barreiro’s continued pro-active efforts - no progress has been made as the parking lot remains closed and vacant.  Mayor Regalado added parking is desperately needed in the area for numerous businesses, Lummus Park, etc.  Therefore he urged this matter be addressed immediately by the MRC and its members.  Ms. Marlene Avalo, Office of County Commissioner Bruno Barreiro, stated a draft resolution for the parking agreement is being prepared and is expected to go before the Board of County Commissioners subcommittee for approval next month.  Mayor Regalado recognized Commissioner Barreiro’s efforts to address this issue, and asked if it would be possible, in the meantime, to issue a waiver allowing public parking on the county-owned vacant parking lot, until the aforementioned formal agreement is approved. Ms. Avalo replied she would follow up on the Mayor’s suggestion.

Dr. Bohnsack noted the State, under the Stan Mayfield Working Waterfront Program, awards grants to County’s and municipalities for development of working waterfront areas, and creating a Fisherman’s Wharf in Lummus Landing would be eligible.  Mr. Weinreb added that FIND might also be interested in funding waterfront-related projects as well.  MRC Chairman Buermann directed Mr. Bibeau to research these potential funding opportunities.

GSC Chair Martin reported the County recently announced its 5th delay in the estimated timeline to construct their completed construction engineering documents for the first set, 6 of 8, County owned sites which require the Miami River Greenway per the County’s adopted Miami River Greenway Action Plan.  Now the earliest possible date to commence construction is October 2011, if the project’s balance due is included in the County’s 2010 Bond Issuance, which will be considered by the Board of County Commissioners in a few months. Mr. Bibeau noted the County’s Office of Capital Improvements (OCI) had generated a list of projects that are “shovel ready,” but are recommending to not receive the money until 2015, including the Miami River Greenway line item, which if approved by the Board of County Commissioners would become their 6th delay in the estimated timeline to commence construction of the county-owned greenway sections.

Mr. Bibeau reported he had attended Miami-Dade County’s Building Better Communities General Obligation Bond Issue’s Citizen Advisory Committee (CAC) meeting earlier that morning to advocate that the balance of the voter-approved $7.5 million for the Miami River Greenway be included in the upcoming GOB bond issuance to construct the 90% complete construction engineering documents, which the County contracted for $500,000, and that the “non-existent” surplus not be transferred to another county project, the Commodore Trail.  The administration stated they would request a deferral of the item proposing to take $850,000 from the Miami River Greenway line item when considered by the Board of County Commissioner’s on May 4, in order to provide them sufficient time to find an alternate source of additional funding for the Commodore Trail shortfall.  Therefore the administration also asked the CAC to defer the item, and the CAC agreed with the understanding that if the item is taken up in the future by the County Commission, the CAC would consider it again first.

Mr. Bibeau stated the MRC will continue to advocate for the County to obtain the money they need for the Commodore Bike Trail from a Federal Transportation Enhancement Program (TEP) grant, “interest income” or other funding sources, instead of taking the money away from the voter-approved $7.5 million line item “to complete” the “Miami River Greenway”.

GSC Chair Martin stated the GSC continues to track another continuing problem along the Miami River Greenway: private developers and the public sector building public Miami River Greenway sections which are inconsistent with the various approved plans.  GSC Chair Martin explained that greenway “gaps” are created when the private and public sector do not honor their commitments (i.e. proffered amenities), which ultimately defeat the purpose of creating a continuous publicly accessible path and destination landscape.  Mayor Regalado stated he supported finishing construction of the Miami River Greenway.

The Greenways subcommittee’s next public meeting will be May 12, here at 2 PM.

B. Stormwater Subcommittee – SSC Chair Sallye Jude shared excerpts from the Stormwater subcommittee’s April public meeting minutes, which were previously distributed.  Ms Jude deferred to Mr. Stuart-Aguirre to present the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report.

Mr. Horacio Stuart Aguirre reported that Honorable Congresswoman Ros-Lehtinen, Honorable City Mayor Regalado, Honorable Commissioner Gort and City Manager Migoya attended an educational boat tour on April 7 of the Miami River and its tributaries and discussed the Wagner Creek and Seybold Canal Maintenance Dredging Project. Mr. Stuart Aguirre directed the MRC board’s attention to the rotating PowerPoint of existing conditions along the polluted Wagner Creek and Seybold Canal, depicting docked vessels resting on the bottom of the waterways, contamination including dioxin, dearth of flora and fauna, depreciating property values, etc.

Mayor Regalado stated he wants to do the Seybold Canal and Wagner Creek maintenance dredging and environmental clean-up project, yet there is currently insufficient available  funding for it, therefore agreed something has to be done.

Mr. Bibeau noted the City of Miami has $2 million appropriated for the estimated $20 million project, and is seeking $1 million cost shares from FIND and the SFWMD and $16 million from the Federal Government.  Mr. Bibeau added the MRC continues to support the City’s longstanding efforts to secure the permit and funding to conduct the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project. 

Mr. Bibeau referred to the two-page “Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project – May 3, 2010” summary document, which has been provided to all board members.  

Navigational Needs
The Seybold Canal is a tributary directly connecting to the Miami River which recently completed a successful maintenance dredging project.  Please note the following data from the Seybold Canal’s currently operating marine industrial businesses, which would significantly benefit from improved vessel navigation by deepening the waterway via the Seybold Canal Maintenance Dredging and Environmental Clean-Up Project:

• Alimar at the River Inc / “Campeones Boatyard”, 600 NW 7 Ave, 16 employees (direct and independent), 20 boats from 25’-52’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.
• River’s Edge Marine Inc / “Popeye’s Boatyard”, 810-830 NW 8 ST RD, 8 employees (direct and independent), 20 boats from 12’-30’
• M&E Seafood Wholesale LLC / “Garcia’s Commercial Fishing”, 710-722 NW 7 Ave, 8 employees, 3 boats, 30’, 40’ and 44’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.
• Manny Seafood Corporation / Prieguez Commercial Fishing, 510 NW 7 Ave, operator stated on the record at public MRC meeting that two boat propellers were broken while navigating the shallowed Seybold Canal.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.

In addition, numerous single family homes along the Seybold Canal have recreational vessels which rest on the bottom of the waterway at low tide, completely unable to navigate the Seybold Canal in order to access the Miami River to the Intracoastal Waterway, Biscayne Bay, etc.  The Seybold Canal Maintenance Dredging and Environmental Clean-Up project would alleviate this problem, by deepening the waterway, which would allow the private recreational vessels docked behind waterfront homes along the Seybold Canal to navigate regardless of tide.
The project’s successful completion will increase the property value of the residences and marine industrial businesses along the Seybold Canal, therefore increase tax revenue which in the long run would be a return on the public investment made into this project.

Environmental Needs
Seybold Canal connects to the northwest with Wagner Creek, and this waterway is known as the most polluted in the State of Florida.  Contaminants, including but not limited to e-coli and dioxin, violate and exceed the required water quality levels for safe fishing and swimming, marine life, etc.  The Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean Up project would remove these contaminated sediments from the water, significantly improving the natural environment.  In addition, the project will improve flood water conveyance capacity from the large storm water system draining into the Seybold Canal and Wagner Creek.

Permits
Two years ago, the City of Miami contracted CH2MHill for $960,000 to fully engineer, conduct public outreach, and obtain all required permits for the long awaited and widely supported Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project.  Since then, the City of Miami / CH2M Hill have submitted two rounds of Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Corrective Action Plans (CAP) and all associated permit applications to the various environmental regulatory agencies.  The environmental agencies have indicated the City needs to execute an access agreement, which the County previously signed, prior to executing the project’s permits which have been prepared.

Funding
The City of Miami estimates construction of the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up project at $20 million, of which the City currently has $2 million appropriated / set aside from the City’s reoccurring Storm-Water Utility Fee.  The City of Miami is seeking a $1 million cost share from FIND, re-securing a previously appropriated $1 million from the SFWMD, and $16 million from Federal Economic Stimulus Funding.  FIND staff has determined the Seybold Canal, from the Miami River to NW 11 ST, meets the eligibility criteria to be considered for a potential cost share for the project from FIND.” 

MRC Chairman Buermann asked if FDEP had been contacted, and Mr. Bibeau replied FDEP would be a great potential funding source, as they actually own the submerged land beneath the water in the Seybold Canal.  MRC Chairman Buermann stated he would try to reach out to FDEP, and expressed confidence that the SFWMD would reprogram the previously appropriated $1 million for the project.  In addition, the MRC members agreed the City should seek a cost-share from Miami-Dade County.

Mr. Stuart Aguirre recognized Ms. Sophie and Marc Mastriano of Water Management Technologies, who are the owners and operators of the Scavenger 2000 Water Decontamination Vessel, and asked if their contract is due for renewal in August. Mr. Stuart Aguirre praised the services of the Scavenger 2000, which removes lots of floatable debris, oxygenates and decontaminates the water along the Miami River, thereby improving the environment.  Mr. Bibeau stated their second, three year contract ($200,000 per year) with the City of Miami is about to expire. Mr. Stuart Aguirre expressed his strong support for the City to renew the Scavenger contract.  Mr. Bibeau stated one potential funding source is the City’s re-occurring Stormwater Utility Fee, which is not tied to general revenue.

The Stormwater Subcommittee’s next regularly scheduled 1st Wednesday of the month public meeting will be held May 5, 10 AM, at the SFWMD service center, 2121 SW 3 Ave, 6th Floor.

C. Dredging Subcommittee – this report was deferred

D.  Urban Infill Working Group – this report was deferred

IV. New Business
Mr. Carmichael asked Mr. Bibeau if he obtained additional information regarding the provision in the draft FDOT free public purpose lease agreement which requires a $1 million insurance policy, and Mr. Bibeau replied everything regarding the murals is fine and in order.

Mr. Stuart Aguirre stated he believed the Miami City Commission maybe considering a Miami 21-related amendment involving renaming the “park” category to “civic space” at the next City Commission meeting, and agreed to keep the MRC informed on this issue.

The meeting adjourned.

I. Chair Report - MRC Vice Chairman Phi Everingham noted the rotating PowerPoint featuring pictures of 4 recent volunteer Miami River Greenway beautification events.  On behalf of the MRC, Vice Chairman Everingham recognized and thanked the following generous sponsors with plaques of appreciation:

• Mr. Juan Carlos Vila, Vila & Son Landscaping Corporation, for donating 200 plants to help beautify and enhance the Miami River
• Ms. Marlene Avalo, on behalf of the Honorable County Commissioner Bruno Barreiro
• Mr. Robert Weinreb, on behalf of the City of Miami
• Mr. Darrill Gaschler and Ms. Andrea Soto, on behalf of Hands on Miami, for providing hundreds of volunteers

In addition MRC Vice Chairman Everingham presented plaques of appreciation to thank the following generous sponsors of the free 14th annual Miami Riverday, which was held on April 10 and featured free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.

• Mr. Robert L. Parks, former Chairman of the Miami River Commission
• Mr. Robert Weinreb, on behalf of the City of Miami
• Ms. Megan Kelly, on behalf of the Greater Miami Chamber of Commerce

MRC Vice Chairman Everingham stated he would like to entertain a motion regarding the MRC’s distributed draft May 3 public meeting minutes.  Mr. Richard Dubin made a motion to approve the MRC’s May 3, 2010 meeting minutes.  The motion was seconded by Dr. Ernie Martin and was unanimously adopted.

MRC Vice Chairman Everingham stated he was pleased to report Miami-Dade County has agreed to leave the voter approved $7.5 million intact for use as intended on constructing the Miami River Greenway.  MRC Vice Chairman Everingham noted the MRC is continuing to advocate that the completed construction engineering documents for additional sections of the Miami River Greenway be constructed ASAP.

In addition, MRC Vice Chair Everingham noted the City is indicating they have a plan and strategy to construct several sections of the Miami River Greenway funded by millions in federal / state grants awarded to the City of Miami, just prior to the grant providers 5 year use it or lose it deadline.  MRC Vice Chairman Everingham noted the MRC continues to advocate for the City to execute the plan fast enough to avoid losing millions in federal and state grants awarded to construct the Miami River Greenway five years ago.

MRC Vice Chairman Everingham asked Jay Carmichael for an update regarding the MRC’s Voluntary Improvement Program otherwise known as Miami River VIP.

Mr. Carmichael provided the following report:
“During our last meeting, the MRC asked for future updates on efforts to remove derelict vessels.  Last month the City of Miami Marine Patrol posted its 2nd vessel on the Miami River as a derelict.  Although no funding for derelict vessel removal is in the draft Fiscal Year 2011 DERM budget, they are considering inserting some funding, which may then be used as the required match for additional funding needed to remove derelict vessels from potential grant sources such as FIND.  FIND has two grant programs for derelict vessel removal funding.  FIND board member Spencer Crowley kindly emailed the MRC indicating FIND has the following two derelict vessel removal grant funding programs.
(1) Small scale derelict vessel removal grant program - FIND will contribute a maximum of $20,000 per year, per county (includes municipalities). In order to receive funding there is a 25% local match. Additional information is on our website: http://www.aicw.org/vessel_removal.jsp   
(2) Waterways Assistance Program (WAP) - this is our normal grant program; the amount of the request is not limited but there is a 50% local funding match required.

Both programs are codified at 66B-2, Florida administrative code. We are waiting to hear from DERM regarding the results of their helpful offer to ask Miami-Dade Solid Waste to waive future expensive tipping fees to dispose of the derelicts after removed.  Florida Fish and Wildlife Officer De La Torre indicated the Florida legislature did not renew their funding for derelict vessel removal in the State’s FY ’11 Budget.

I would like to thank the owners of Big Fish, whom have removed the derelict vessel on their site. Therefore as of today there is only one derelict vessel on the Miami River VIP list, which is slowly sinking on the north shore just west of I-836.

MRC Vice Chairman Everingham thanked Mr. Carmichael for his update.  

II. Big Fish Hotel & Restaurant, 55 SW Miami Avenue Road - MRC Vice Chairman Everingham deferred to UIWG Chair Jim Murley and GSC Chair Ernie Martin to provide their overview and input of the proposed project.  UIWG Chair Murley stated the proposed project was presented to the UIWG and GSC at a joint meeting on May 27, 2010, and the meeting minutes have been distributed to all MRC board members and designees one week prior to today’s meeting. UIWG Chair Murley stated he would be referencing pages 2-6 of the UIWG/GSC May 27, 2010 meeting minutes, in which the proposed project was discussed. UIWG Chair Murley reported the City of Miami had recently adopted Miami 21 as their new zoning code-thereby replacing former zoning code 11000-yet since the proposed project was filed prior to the adoption of Miami 21, it is being reviewed under the prior zoning code.

UIWG Chair Murley noted the proposed project is not seeking a land use or zoning change, and has filed for a Class II Special Permit, because it is a waterfront development.  UIWG Chair Murley noted the Class II Permit application includes a variance of the front yard setback from 10’ to 0’ and a waiver of over 2,000 square feet of required open space due to the property’s challenging and limited width.  UIWG Chair Murley noted today’s presentation showcases the proposed project in an advanced stage of design, and upon review by the MRC, the project’s Class II Special Permit Applications requested variance of the front-yard setback will be presented to the newly created City of Miami Planning and Zoning Appeals Board. 

UIWG Chair Murley stated the UIWG/GSC was excited about the proposed project, as it re-activates the site of the former Big Fish restaurant, which had recently closed. UIWG Chair Murley noted the current proposal is for a restaurant and a luxury hotel at the former site of Big Fish, 55 SW Miami Avenue Road, west of the South Miami Avenue Bridge on the south bank of the Miami River. UIWG Chair Murley noted the UIWG/GSC Chairmen were essentially in favor of the proposal and found the Class II Special Permit consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following four conditions (listed on page 6 of the May 27, 2010 UIWG/GSC meeting minutes):

• Include a 5-foot-wide cantilevered boardwalk to expand width of publicly accessible riverwalk to 18 feet wide, and increase depth for public temporary vessel dockage
• Include a minimum 5-foot wide connector on both side yards to connect the sidewalk to the public riverwalk and increase functionality of the Greenway system
• Incorporate more detail/develop a design solution for the center courtyard in order to help public understand that it is indeed open to the public and make it as inviting as possible
• Remove the derelict vessel prior to the issuance of the Class II Special Permit with variances and waivers

UIWG Chair Murley noted the proposed riverwalk width-as presented-was 13 total feet, which was narrower than the Miami River Greenway Action Plan’s goal of 20 feet. Therefore, the UIWG/GSC had requested that the developer consider including a 5-foot-wide cantilevered bridge (similar to the successful one at Epic, 270 Biscayne Boulevard Way) as a means of widening the publicly accessible riverwalk. UIWG Chair Murley noted the cantilevered bridge would not have a negative impact on the navigational channel of the Miami River.

UIWG Chair Murley noted the UIWG/GSC had also addressed public access via the road and adjacent western and eastern properties to the Miami River Greenway.  UIWG Chair Murley stated the UIWG/GSC Chairmen recommended that the developer establish a binding written agreement with the Florida Department of Transportation (FDOT) to provide the adjacent surplus vacant public right of way for the free and public purpose of a publicly accessible sidewalk extension (minimum 5 feet) to connect to the publicly accessible riverwalk’s eastern side, and insert a minimum 5 foot connector on the site’s west wide as well in order to tie it into the Miami River Greenway system. UIWG Chair Murley noted the original proposed plans featured a riverwalk emerging through the middle of the subject property and essentially dead-ending onto both sides of the site (east and west), so he hoped that the developer had created a solution to insert lateral access as a means of bringing more people to the riverwalk and establishing connectivity. UIWG Chair Murley deferred to GSC Chair Dr. Ernie Martin.

GSC Chair Martin thanked UIWG Chair Murley for his thorough report. GSC Chair Martin noted there are currently very few places to eat along the Miami River, so was essentially delighted about the proposal to activate the former Big Fish site and offer waterfront dining.  In regards to greenway access, GSC Chair Martin noted there are a number of regulations that the MRC should ensure the proposed project is complying with, such as the Miami River Greenway Action Plan, the City of Miami Neighborhood Comprehensive Plan (which includes applicable waterfront provisions), and the City of Miami Charter, including waterfront building setbacks. GSC Chair Martin deferred to Mr. Bibeau, whom per his request, had conducted meticulous research on the aforementioned waterfront provisions and regulations. Mr. Bibeau provided the following information:

• City of Miami Neighborhood Comprehensive Plan-“all new developments must be consistent with the Miami River Greenway Design Standards & Guidelines”
• “Miami River Greenway Design Standards & Guidelines” - requires a sideyard/10-foot-wide connectors/sidewalk to connect the street/sidewalk with the public riverwalk on the private site.
• Miami City Charter, Section 3, Subpart A, mm(ii)- “In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge, (A)   which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth), and (B)  which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width.”

Mr. Bibeau noted the current proposal has 0 side yards on either side of the private property. Mr. Bibeau noted the City Charter provision maybe waived by the City Commission but as of today, city administration has informed MRC staff that the proposed project would only go to the City Commission if the decision of the Zoning Administrator on the Class II Special Permit, and or the decision of the Planning Zoning Appeals Board on the front-yard setback variance, are appealed.

Vice Chair Everingham welcomed Mr. Ben Fernandez, Bercow, Radell & Fernandez, and project architect D.B. Lewis, DB Lewis Architecture & Design, whom-on behalf of the property owner- presented a proposal for a hotel and restaurant at the former site of Big Fish restaurant, 55 SW Miami Avenue Road. Mr. Fernandez thanked the UIWG and GSC Subcommittees, as well as MRC staff for taking their time to provide their guidance and suggestions prior to today’s meeting. Mr. Fernandez noted the Subcommittees seemed most concerned about providing additional access to the Miami River via the west and eastern sides, which he noted his client has taken into consideration. Mr. Fernandez noted his client is an experienced restaurateur and therefore wishes to continue the restaurant use of the property and in addition, offer 12 luxury hotel rooms with views of the Miami River, which he believed to be a very conservative proposal for the site.  Mr. Fernandez noted the difficulty in developing the site due to its narrowness, and stated he will be requesting a front yard setback variance to push the building forward to accommodate the publicly accessible riverwalk area and comply with city charter requirements. Mr. Fernandez noted the developer is complying with the following riverfront setback provision: “if the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth,” but was not informed of any city charter sideyard provisions and asked Mr. Bibeau for clarification. Mr. Bibeau cited and provided a written copy of Miami City Charter, Section 3, Subpart A, mm (ii)- “In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge… (B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width”.

Mr. Fernandez stated an application for a Class II Special Permit has been submitted, which is essentially an indicator that the proposed project complies with the underlying zoning district regulations. Mr. Fernandez noted that the sideyard requirement for the subject property is 0, and the original project plans demonstrated this. However, after much consideration of the suggestions generated by the UIWG and GSC Chairmen, Mr. Fernandez stated his client has agreed to shift his building footprint over five feet in order to accommodate a five-foot walkway along the western side of the property which would connect to the riverwalk. In addition, Mr. Fernandez noted his client has agreed to continue offering public access to the riverwalk via the center of the property, consistent with the original propped plans. As far as the eastern side, Mr. Fernandez noted the UIWG/GSC had discussed the possibility of cooperating with FDOT through a public purpose lease agreement, thereby allowing his client to establish public access on the FDOT vacant parcel (Folio #01-0200-000-0010) between the Big Fish site and the County’s South Miami Ave Bridge. Mr. Fernandez noted he had reviewed the sample lease provided by MRC staff and noted his client had an issue with the $1 million insurance policy requirement. Mr. Fernandez explained his client felt that he shouldn’t be responsible for the subject parcel, as he is not the owner, and asked the MRC for assistance with FDOT in addressing this issue. Other than that, Mr. Fernandez noted his client did not have a problem with providing access along the eastern side, as well as along the western end and through center of the property. In addition, Mr. Fernandez noted his client is prepared to comply with the suggestion to incorporate a 5-foot-wide cantilevered bridge/boardwalk to expand the width of the publicly accessible riverwalk, contingent on the approval of the necessary City of Miami and DERM required permits.  

Mr. Fernandez noted UIWG Chair Murley had done a great job of providing an overview of the proposed project, and added that he felt the project has a beautiful and modern Mediterranean feel to it. Mr. Fernandez noted that parking requirements have been met on the site, yet anticipates the need to enter into a parking agreement with the Miami Parking Authority in order to provide additional parking along the street.  Mr. Fernandez deferred to project architect D.B. Lewis, DB Lewis Architecture & Design, to provide additional information. Mr. Lewis outlined the property’s constraints and opportunities. Mr. Lewis explained that the 25% compliance in aggregate sideyard, given the narrowness and the site and its length exceeding 200 feet, would essentially kill the project. Mr. Lewis noted the former Big Fish’s outdoor dining area/courtyard setting will be maintained. Mr. Lewis noted the first quarter of the site, located adjacent to the South Miami Avenue Bridge, will feature a 2 story service building / parking structure. Mr. Lewis noted this will then transition into an open courtyard/dining area on the ground floor, while preserving the two existing fichus trees on the site. Mr. Lewis noted that the other side of the courtyard will transition into a four-story building that will primarily include a covered terrace on the ground floor to co-mingle with the adjacent exterior dining, and will feature a walkway that will connect to a second level upscale café/dining experience on top of the service (first) building.  Mr. Lewis noted the hotel will have 12 boutique suites and a stargazing roof top terrace.  Mr. Lewis noted each wall will be facaded properly with trellises and feature a playful articulation of wall and arch openings. Mr. Lewis noted the riverwalk design will include palm trees, security pavers, decorative lighting and bollards. Mr. Lewis stated the proposed total riverwalk width is 13 feet, which he noted is not as wide as originally preferred given the narrow site, yet with the addition of a publicly accessible 5-foot-wide cantilevered boardwalk/bridge, the total riverwalk will become 18 feet. Mr. Lewis showed aerial views of the project from different angles.

Questions/Comments:

• Ms. Sallye Jude asked if parking would be provided, and Mr. Fernandez replied that 12 parking spots are available on site and 11 parking spots will be made available off-site
• Ms. Sallye Jude asked if this will be a LEED certified project, and Mr. Lewis replied it will be LEED-certified in terms of energy design, and the project will be employing sustainable principles
• GSC Chair Martin reiterated the importance of greenway connectivity (from baywalk to Miami Intermodal Center)
• Mr. Richard Dubin asked if the side access is required, and UIWG Chair Murley replied that the idea of allowing side yards to include sidewalks in order to access publicly accessible riverwalks is not a new concept, as it has been considered during the review of proposed development projects along the Miami River-especially when activating sites adjacent to bridges
• Mr. Bibeau noted the project’s Class II Special Permit application is requesting a waiver of 2,318 square feet of open space, which, multiplied by $50 (the amount per foot)=$115,900.00 which will be provided to the Parks & Open Space Trust Fund. Mr. Bibeau explained that if the developer incorporates the western sidewalk/setback into the revised project plans, the original requested waver of 2,318 square feet of open space would instead become a waver for 2,053 square feet (2,318 ft minus 265 ft of the sidewalk/setback area). And, 2,053 square feet x $50=$102,650 to be provided to the Parks & Open Space Trust Fund vs. $115,900.00, which would save the developer over $13,000
• Mr. Carmichael asked for the development timeline, and Mr. Fernandez replied now they are applying for all required permits, and he wasn’t sure when the project will break ground.  The developer will seek financing and construct the project as soon as possible after obtaining the required permits,
• Mr. Mathew Monica asked if the riverwalk will have tables and umbrellas, and if there was any language governing what can be included and/or featured on the riverwalk. Mr. Fernandez stated no tables will be provided along the public riverwalk area. UIWG Chair Murley noted that as far as governance, he hoped the AIA team can provide some guidance in their upcoming charrette/planning process for the Miami River Catalyst plan.
• Mr. Horacio Stuart Aguirre stated this seems to be a low-intensity project and seems to have an airy and breezy look. Mr. Aguirre noted this a very difficult property to develop and asked if the developer had any concerns regarding adding more hotel accommodations to an already overcrowded supply, and Mr. Lewis explained these are luxury hotel accommodations and the target is catered to higher-end individuals
• Mr. Dubin applauded the developer’s efforts to activate this site
• Mr. Carmichael asked if providing a 5-foot sideyard on the western side is sufficient in terms of access, and Mr. Fernandez relied yes. Mr. Carmichael asked how the cantilevered bridge portion get embedded in the project so that there is follow through to create this amenity, and Mr. Fernandez stated the client can volunteer that as a condition during the variance stage, with Mr. Bibeau’s assistance and subject to obtaining all necessary environmental agency approvals. Mr. Fernandez stated he does not wish to hold up the project because of this, but is willing to make it a condition, as the cantilevered bridge is a great asset
• Mr. Gary Winston asked if there will be enough room for ships to pass along the channel if the there are boats docked at the hotel, and Mr. Bibeau replied there is at least 20 feet from the shoreline to the federal navigable channel, which is pretty much in line with the bridge fender. Mr. Bibeau noted the width of each boat docked at the site would need to be less than 20 feet so as to not protrude into the federal navigable channel
• Mr. Winston asked if the developer would have to come back to the MRC if approval/permit is not obtained for the cantilevered bridge, and Mr. Fernandez replied the developer would push forward
• Mr. Robert Weinreb noted that some of the seawall at the site is not in very good shape and would probably have to go through a permitting process for its repair. Mr. Weinreb therefore asked if the cantilevered bridge component can be compiled in the seawall replacement application package in order to save time, and Mr. Fernandez replied that those plans have not been submitted as of yet and is in the process of compiling the necessary engineering reports, but did not foresee a problem with including the cantilevered bridge component in the package

GSC Chair Martin moved a resolution to find the proposed project at 55 SW Miami Avenue Road consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following three conditions:

1. Include a 5-foot-wide cantilevered boardwalk to expand width of publicly accessible riverwalk to 18 feet wide, and increase depth for public temporary vessel dockage
2. Include a minimum 5-foot wide connector on both side yards to connect the sidewalk to the public riverwalk and increase functionality of the Greenway system, consistent with the waterfront and setback provisions set forth in the Miami City Charter, City of Miami Neighborhood Comprehensive Plan, and the Miami River Greenway Design Standards and Guidelines
3. Incorporate more detail/develop a design solution for the center courtyard in order to help public understand that it is indeed open to the public and make it as inviting as possible

The resolution was seconded by Mr. Javier Betancourt, and was adopted 12-1.

The MRC thanked Mr. Fernandez and Mr. Lewis for their presentation.

II. Review Current Draft Miami-Dade County Evaluation Appraisal Report (EAR) - Vice Chair Everingham deferred to UIWG Chair Murley, whom noted that every seven years, the city and county are required by state law to conduct an Evaluation Appraisal Report (EAR). UIWG Chair Murley stated the UIWG reviewed the revised draft Miami-Dade County “Port of Miami River Sub-element” at the May 27, 2010 UIWG/GSC meeting, which had been previously provided by Ms. Helen Brown, Miami-Dade County Department of Planning & Zoning, and had provided a series of recommendations. UIWG Chair Murley deferred to Ms. Brown, whom noted that the UIWG’s recommendations have been forwarded to her director for review, and she doesn’t think there will be any problem with incorporating them into a future revised draft MDC EAR.  Ms. Brown noted the draft EAR will be presented to the Miami-Dade County Planning Advisory Board in July, and will be considered by the Board of County Commissioners in October.

Mr. Dubin moved a resolution to find the draft EAR consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, with the following 4 revisions (listed on page 1 of the May 27, 2010 UIWG/GSC meeting minutes; new text underlined and deleted text struck through):

• Page 1 – 1st sentence, “The material presented in this section of the EAR is focused on the marine industrial businesses including but not limited to shipping facilities, boatyards, tug boat basins, commercial fishing, marinas, etc, found along the Miami River in central Miami-Dade County and on the continued maritime business and traditional marine-related shoreline uses, as well as the protection of environmental resources on the Miami River.”
•  Page 2 – 2nd Paragraph, 2nd sentence, “In 2006, Miami-Dade County Department of Planning and Zoning presented an Ordinance to the Board of County Commissioners…The ordinance was deferred.”  Because the drafted ordinance is yet to be presented to the Board of County Commissioners.
• Page 4, last paragraph, 1st sentence, “Since the last EAR Florida voters adopted “Working Waterfronts” which allows for marine businesses to be tax assessed based on their existing uses, and not the highest and best use.”
• Page 5, last paragraph, delete the last sentence, “Currently, the properties along the Miami River in the County are not pursuing this grant.”

The resolution was seconded by GSC Chair Martin, and was unanimously adopted, 12-0.

IV. New Business - Mr. Winston reiterated an ongoing issue involving some private developers not honoring their commitments to create sections of the publicly accessible riverwalk along the Miami River consistent with their plans that were approved by the City Commission, and wanted to know what actions the MRC can take in terms of follow-up and enforcement.  Mr. Winston wondered if the MRC could have included-as part of an additional condition to the proposed project heard today-a condition requiring the developer to come back to the MRC to present any modifications. GSC Chair Martin noted the Greenways Subcommittee will continue taking a comprehensive look during their public meeting this Wednesday-2 pm, Robert King High New Board Room, 1407 NW 7 Street-at all the developments within both the private and public sectors which have included riverwalks in their plans. In addition, GSC Chair Marin noted greenway inconsistencies is a topic that remains on the monthly GSC meeting agenda and continues to be addressed during meetings with city commissioners and city administration. Mr. Winston asked if staff had an inventory of these properties, and GSC Chair Martin noted staff had created an inventory/master list, which will again be reviewed by the GSC this Wednesday. UIWG Chair Murley noted the MRC does not have the authority to enforce the developers to honor their previously pledged commitments which were formally approved by the City of Miami, but does have the ability to continue raising this concern with the regulatory agencies, including but not limited to the City of Miami.

III. Update of American Institute of Architects (AIA) June 2010 National Convention and Creation of the Miami River Catalyst Plan - MRC Vice Chairman Everingham welcomed Mr. Subrata Basu, Assistant Director of Miami-Dade County Department of Planning & Zoning, whom stated he was excited to report that today marks the launch of the AIA’s creation of the  Miami River Catalyst Plan. Mr. Basu invited everyone to the public charrette, which will be held this evening, 6 pm at the Hyatt Regency Hotel, 400 SE 2nd Avenue, as well as the June 9 public meeting at the Hyatt, which will unveil the actual plan created by comments generated by the public and Miami River stakeholders. Mr. Basu introduced AIA project leader Mr. Harris Steinberg and welcomed the AIA team members.

Mr. Steinberg asked the following AIA team members to introduce themselves and provide information regarding their background:

• Ed Freer
• Steve Durant
• Wendy Salvati
• Nancy Fox
• Carol Collier
• Wayne Talley

******************************************************************************
The American Institute of Architects (AIA) team engaged in an informal exchange /brainstorming session with the Miami River Commission, the public and additional Miami River stakeholders to discuss objectives, goals and initiatives, share experiences and obtain information to help guide the creation of the Miami River Catalyst Plan.

Sallye Jude: importance of preserving historical significance of the Miami River and its unique neighborhoods; increase opportunities to provide environmental education and awareness; importance of maintaining a clean, healthy river

Dr. Ernie Martin: importance of establishing greenway connectivity and public accessibility

Richard Dubin: preservation of working waterfront/water dependant uses; need for more public boat launch venues; impact of manatee protection plan regulations; need for more entertainment, recreational and dining options; not enough parks

Gary Winston: need to establish a grand vision for the Miami River

Javier Betancourt: Miami River is key asset to downtown Miami; how we use the river to further revitalize the currently underutilized downtown area; completing riverwalk; waterborne transportation

Robert Weinreb: waterfront connectivity; problems with establishing dry stack storage a permitable use

Dr. Fran Bohnsack: need to address dry stack storage, wet slips, etc.; lack of storage facilities along the river; look into short sea shipping pilot program; preservation of marine industries

Theodora Long: preservation of historic neighborhoods; great interest in the river; having city and county enforce their own rules and regulations (in terms of housing)

Vice Chair Phil Everingham: promotion of marine industry

Jim Murley: connection to Florida Marlins Stadium

Horacio Stuart Aguirre: further development of the commercial maritime industry and sustainable well-paying jobs; further development of the recreational maritime industry and sustainable well-paying jobs; plans for all maritime components on the river to have more attractive street side and river side appearances (clean, well-kept, landscaped where possible); plans for the enhancement of single family residential neighborhoods along the banks of the river and within the river corridor; plans for the high rise multi-family edifices along the banks of the river, especially those that are failed projects; plans for the vacant land sites along the banks of the river, and within the corridor, for development with needed and compatible uses, whatever those may be; plans to for recreational and leisure sites to include restaurants, attractions, parks (the AIA considers Miami to be woefully devoid of "open spaces" and park space), public boat ramps, leisure boating facilities (as on the Potomac River and Charles River, to name a few) and water taxi operations; plans to promote greater integration with the non-waterfront property owners within the river corridor with the waterfront owners and users; plans to promote more marina space on the river so as to promote the recreational boat sales and maintenance industry and provide safe harbor for such craft in times of storms; repairs to the 17th avenue bridge as we wasted over one hour and fifteen minutes waiting for bridge electrical system to work as we were on the east bound and west bound portion of the boat tour. This gave a very bad impression of Miami to our out-of-state visitors. The bridge is operated by Miami-Dade County; asks that a plan be created to provides job, quality of life living, entertainment, and boating on the river, not only for the benefit of the river bank owners but for the benefit of the entire city and county.

Harris Steinberg: promote awareness and sense of place

Ed Freer: issues not unique, but the Miami River site itself is; great diversity/mixed-uses along the Miami River; need more waterborne transportation

Steve Durant: hopes to express opportunities and treasures of Miami River waterfront; advocates for pedestrian and bicycle accessibility; connectivity; commendable civic involvement; complete the Miami River Greenway

Wendy Salvati: focus on waterfront revitalization; great mixed-uses and working river; place of character; need more way-finding signage and historic markers, connectivity – good timing to plan now and work with new administration

Nancy Fox: appreciation for working waterfront; sense of real authenticity which should be maintained – Beaches are focus of South Florida and River is neglected – Bridges should have better signage from the water – Lots to take advantage of on the Miami River

Wayne Talley: Miami River’s international shipping terminals are a great shallow draft port which will benefit from the Panama Canal deepening; need multi-modal transportation connectivity between Ports, railroads, MIA, truck transportation of cargo – having no unions is an advantage

Carol Collier: promote working river and natural features; highlight significance of ports and Miami River Greenway, and need to improve water quality; unite economy and environment; strengthen connection between the river and its neighborhoods

I. Chair Report -
MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft June 7 public meeting minutes.  MRC Vice-Chair Phil Everingham made a motion to approve the MRC’s June 7, 2010 meeting minutes.  The motion was seconded by Mr. Gary Winston, and unanimously adopted.

MRC Chairman Buermann welcomed US Coast Guard Captain Chris Scraba as the newest member of the Miami River Commission.  Captain Scraba stated he appreciated the welcome and looked forward to working with the MRC. In addition, Captain Scraba noted the port of Miami River is instrumental during the Haiti crisis, improving the health and well-being of the area.

MRC Chair Buermann stated that just prior to today’s MRC public meeting, the MRC’s Executive Committee’s public meeting reviewed the Miami River Fund Inc.’s previously adopted 4th quarter FY ’10 Financial Report, and the distributed approved FY ’11 Budget.  In addition, MRC Chairman Buermann noted the Miami River Fund Inc.’s previously approved FY’11 Budget, covering July 1, 2010 – June 30, 2011, has been provided to the MRC and its Executive Board as an informational item, and welcomed any questions or comments. Mr. Horacio Stuart Aguirre commended MRC staff for their continued hard work, regularly dedicating 60 hour work weeks, including frequent Saturday’s for volunteer Miami River Greenway beautification events.  Mr. Jay Carmichael asked for the status of funding sources and Mr. Bibeau replied that in Fiscal Year 2009-2010, the Miami River Fund, Inc. applied for a total of $850,710 from 17 individual funding sources and was awarded/received a total of $393,122, with $50,000 pending.

MRC Chairman Buermann kindly reminded board members and designees that, similar to other boards, the MRC will not be meeting in August.  MRC Chairman Buermann added that since the 1st Monday in September lands on Labor Day, the MRC’s next public meeting will be held at the Robert King High New Board Room, 1407 NW 7 Street, noon, on September 13.

MRC Chairman Buermann asked Jay Carmichael for an update regarding the MRC’s Voluntary Improvement Program otherwise known as Miami River VIP:

Mr. Carmichael provided the following report:
A new derelict vessel on the Miami River was recently formally posted as such by the Marine Patrol.  This brings the current number of posted derelict vessels on the Miami River to 2, of which the City and County currently have no funding available for their removal and disposal. A DERM representative recently retracted DERM’s previous offer to ask Miami-Dade Solid Waste to waive future expensive tipping fees to dispose of the derelicts after removed, as they believe it would be a violation of Solid Waste Bond Issues. I will revisit this issue.  The City of Miami has issued 18 Code Violations for Miami River seawalls in need of repair.  The City’s 18 issued riverfront seawall Code Violations are in various stages of the process to be brought into compliance, via seawall repairs and or replacements. Per the suggestion of a Miami River corridor home and business owner, I have added a couple overgrown riverfront vacant lots to the Miami River VIP list.

MRC Chairman Buermann thanked Mr. Carmichael for his update.  

II. Review Current Draft City of Miami Comprehensive Neighborhood Plan Amendments - MRC Chairman Buermann deferred to UIWG Chair Murley, whom noted that every seven years, the city is required by state law to conduct an Evaluation Appraisal Report (EAR). UIWG Chair Murley stated the UIWG-with participation from GSC Subcommittee Chair Dr. Ernie Martin-reviewed the revised and distributed Miami River-related, EAR-based amendments to the City of Miami Comprehensive Neighborhood Plan at the June 25, 2010 UIWG meeting, which he noted the City Commission had previously unanimously submitted to the Florida Department of Community Affairs (DCA). In addition, UIWG Chair Murley noted a “Port of Miami River Recreational and Commercial Working Waterfront Properties-April 2010” map of marine-industrial sites has been distributed, which the text amendments apply to.

Mr. Stuart-Aguirre noted the Miami River related amendments to the City’s Comprehensive Neighborhood Plan are very “fair” and are based on the consensus reached between the three parties, DCA, City of Miami, and the Miami River Marine Group (MRMG), and thanked the Honorable Mayor Tomas Regalado, Commissioner Frank Carollo and Commissioner Marc Sarnoff for their comprehensive review and analysis. Mr. Stuart-Aguirre added the amendments to the Comprehensive Plan will be considered by the City Commission on July 22, 2010.

MRC Chairman Buermann opened the floor for questions and comments:

• Vice Chair Everingham cited Policy PA-3.1.8, “There shall be no net loss of recreational wet-slips along the Miami River” and asked if DERM was “on-board” with this recommendation. Mr. Manny Prieguez, whom served as Chairman on of Miami-Dade County’s Manatee Protection Plan Review Committee, noted an important component during the review of the plan involved discussion on how to ensure the preservation of existing wet slips.  Mr. Prieguez noted the committee’s (33) recommendations were forwarded to the Board of County Commissioners and DERM for review, prior to submittal to the State. Mr. Prieguez added he believed the State was still in the process of reviewing these recommendations. Mr. Prieguez explained that DERM has in some cases-although rare- approved the transfer of boat slips, if the owner was able to clearly show improvements and benefits, yet this was a long and arduous process.  Commissioner Bruno Barreiro stated the review process is not over and the recommendations will be brought to the Board of County Commissioners hopefully in the near future. Mr. Stuart-Aguirre noted the acute shortage of slips has hampered boat sales.
• MRC Chairman Buermann stated the MRC’s Executive Board-following a briefing from Mr. Winston, decided to nominate Mr. Stuart-Aguirre to serve as the head or “point man” of an ad hoc committee-composed of members of the UIWG and GSC- to review the Miami River Corridor Urban Infill Plan and AIA’s Miami River Catalyst Plan, and recommend a checklist of initiatives for the MRC to pursue and implement
• Mr. Stuart-Aguirre asked Commissioner Frank Carollo if the City Commission is supportive of these amendments, and Commissioner Carollo replied he could only speak for himself and would need to review them

UIWG Chairman Murley stated during the UIWG’s June 25 meeting he recommended the full MRC consider this item during today’s July 12, 2010 public meeting, in order to formalize their advisory recommendation on this Miami River related item, as requested by City Commission resolution. In addition, UIWG Chairman Murley added as noted in the UIWG’s distributed June 25 public meeting minutes, he recommended the MRC find the 6/21/10 draft Miami River related amendments to the City’s Comprehensive Neighborhood Plan consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.

Mr. Horacio Stuart-Aguirre moved a resolution to find the draft Miami River related amendments to the City’s Comprehensive Neighborhood Plan consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. The resolution was seconded by Vice Chair Phil Everingham and was unanimously adopted, 16-0.

III. MRC Subcommittee Reports -
A. Greenways Subcommittee - Chair Dr. Ernie Martin provided the following report:

The Greenways subcommittee’s June 9 public meeting minutes have been distributed.

The County’s July 13, GOE subcommittee Agenda Item 2 C was emailed to the MRC database last week, and a few printed copies are available again today for review.  As you recall from numerous minutes and meetings, most recently the MRC’s May 3 meeting, we have been advocating for the County to re-open their vacant parking lot next to Lummus Park for public paid parking, and if approved this item would accomplish that goal in order to provide much needed parking for the area’s businesses, residents, Lummus Park and the Miami River Greenway.

Dr. Martin moved a resolution for the MRC to recommend approval of the item, via finding it consistent with the adopted Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan. Mr. Betancourt seconded the resolution which was unanimously adopted, 16-0.

Mr. Prieguez asked how many parking spots would be made available, and Mr. Bibeau replied he believed the Miami Parking Authority-whom had created the layout of the site-had included roughly 20 spots.

Ms. Jude asked if the site will include impervious vs. hard surface parking spots, and Commissioner Barreiro replied the currently underutilized site is paved with cement. Mr. Bibeau noted the riverfront portion of the site (25 feet from the seawall) will feature a publicly accessible riverwalk and landscaping. 

Dr. Martin continued with the following report: On July 22, the City Commission will consider several agenda items which will allow the construction of over $4,000,000 in numerous ST / Fed awarded grant funded sections of the Miami River Greenway to be constructed.  In June MRC staff I met with the new City CIP Director Bravo, whom has a plan for the City to spend the previously awarded Fed/ST grants to construct several sections of the Miami River Greenway before the expiration of the grant’s various timelines.  This Friday MRC staff and I are meeting with the City’s new Asst. Manager in charge of infrastructure, Johnny Martinez, and Asst. Manager Tony Crapp Jr to continue addressing enforcement of properties out of compliance and reinforce the CIP greenway construction project schedule.

I’m pleased to report that Miami-Dade County has agreed to leave the voter approved $7.5 million intact for use as intended on constructing the Miami River Greenway.  Now we are continuing to advocate that the completed construction engineering documents be constructed ASAP, and construction engineering documents be created for the remaining 2 Miami-Dade County owned sites which need the Miami River Greenway per the County’s adopted Miami River Greenway Action Plan.

The next MRC coordinated and sponsored volunteer Miami River Greenway beautification and Community vegetable and fruit garden events are scheduled here, on July 24 and August 21, from 9-11.

The Greenways subcommittee’s next public meeting will be this Wednesday at 2 PM.  Per the request of the riverfront EPIC Building Manager, the meeting will consist of a walking tour along the Miami River Greenway’s north shore from the Brickell to South Miami Ave Bridges.

B. Stormwater Subcommittee - Chair Sallye Jude provided the following report:

The Stormwater subcommittee’s June public meeting minutes have been distributed.  The July meeting was last Wednesday, and our next meeting is September 1, 10 AM, 2121 SW 3 Ave, 6 Floor.

As you recall, we purchased 80 of these “Don’t Pollute, Drains to River” stencils, and have commenced their installations next to storm drains along the Miami River.

The SSC’s environmental agencies are preparing to conduct a walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  Mr. Carmichael asked for a timeline to commence “Walk the WBIDs,” and Mr. Bibeau replied that the local agencies are planning to have all data compiled by the September SSC meeting for review. Mr. Bibeau added that once the local agencies have analyzed and condensed all the data, a preliminary planning meeting will be held possibly in October, to be followed by the walk potentially in November.

SSC Chair Jude deferred to Mr. Stuart-Aguirre to present the following Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report:

Last month DERM, Florida Fish and Wildlife, US Fish and Wildlife, and FDEP provided their final round of comments requesting minor and non-substantive amendments to the City’s submitted permit applications for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project.  We estimate the City and their Consultants will provide the requested minor amendments in the near future, which will allow the agencies to fully execute their previously drafted permits for the long awaited and widely supported project, which will significantly improve the natural environment and economy.

The City of Miami has $2 million appropriated for the estimated $20 million project, and is seeking $1 million cost shares from FIND and the SFWMD and the remaining $16 million from the Federal Government, State of Florida and Miami-Dade County.  MRC Director Bibeau is traveling to DC in early August in part to support the City’s efforts in seeking a Federal cost share for the project.

C. Urban Infill Subcommittee - Chairman Jim Murley provided the following update:

“The Urban Infill Subcommittee’s June 25 public meeting minutes have been distributed.

In June the AIA released their Miami River Catalyst Plan.  Pages of the plan are before you, supporting completing the Miami River Greenway, continuing a mixed-use riverfront featuring downtown, historic neighborhoods, parks, marine industrial businesses, restaurants, etc, increasing multi-modal transportation linkages, increasing international shipping via almost complete Panama Canal deepening, establishing Water Bus / Water Taxi services, connecting Miami Marlins Baseball stadium (under construction south of NW 7 ST) to the Health District and the Miami River.  The Urban Infill subcommittee will keep this as a standing monthly agenda item, to track implementation.

IV. New Business- Vice Chair Everingham expressed his concern regarding the recent closure of the public boat ramp at the riverfront, city-owned Curtis Park and made a motion to recommend that the City of Miami re-open it, given the huge need for public boat ramps in the City of Miami. The motion was seconded by Ms. Jude and was unanimously adopted. The MRC agreed to forward a resolution to the City of Miami with the aforementioned advisory recommendation. Commissioner Carollo stated he had voted in favor of this recommendation today, but would look into this item carefully when it is presented to the Miami City Commission in order to carefully analyze its potential fiscal impact. Mr. Robert Weinreb, City of Miami, stated some amount of maintenance is necessary for the boat ramp, but was not exactly sure of the costs, nor how much maintenance is required.  Mr. Stuart-Aguirre noted he was in support of re-opening the boat ramp, as it is the only public boat ramp along the Miami River.  Mr. Betancourt recommended if needed for the City to consider potentially charging a moderate parking fee at Curtis Park in order to generate revenue to maintain the boat ramp.

On behalf of the MRC, Mr. Bibeau presented MRC Chairman Buermann with a plaque of appreciation to thank the SFWMD for their generous sponsorship of recent volunteer Miami River Greenway beautification events.

USCG Captain Scraba encouraged the MRC to look into hurricane preparedness, and reported that the loop current had been pinched off, and no tarballs have been found on Florida’s eastern shorelines.

The meeting adjourned.

I. Chair Report -
MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft July 12 and September 13, 2010 public meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s July 12, 2010 meeting minutes. The motion was seconded by Mr. Tim Riera-Gomez and was unanimously adopted. Mr. Jay Carmichael made a motion to approve the MRC’s September 13, 2010 meeting minutes. The motion was seconded by Ms. Sallye Jude and was unanimously adopted.

MRC Chairman Buermann issued a friendly reminder that the 15th Annual Miami Riverday festival will be held on Saturday, April 2, 2011 in Lummus Park.  MRC Chair Buermann noted that sponsorship opportunities, which are needed to keep this educational family festival free to the public, have been distributed and encouraged everyone to contact Ms. Ashley Chase, MRC Assistant Managing Director, to help support the free festival.

MRC Chairman Buermann asked meeting attendees to please review the distributed 2010-2011 Advertising Rate Card for the MRC’s 8th Annual Miami River Map and Guide. MRC Chairman Buermann encouraged everyone to purchase an ad-which he noted are quite affordable- as the map is distributed throughout the Miami River and is constantly utilized and referred to by the MRC.

Mr. Brett Bibeau, MRC Managing Director, noted the rotating PowerPoint featuring pictures of four recent volunteer Miami River Greenway beautification events.  On behalf of the MRC, Mr. Bibeau thanked all of the volunteers and sponsors, which he noted would be recognized with plaques of appreciation at a future MRC meeting.
   
MRC Chairman Buermann asked Jay Carmichael for an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP.” Mr. Carmichael provided the following update:

I’m pleased to announce that two more items have been resolved and are therefore being removed from the Miami River VIP:

• I would like to thank Canyon Partners, owners of 40 North River Drive, whom have commenced the construction of the full replacement of their seawall, which was in dire need of repair.
• I would like to thank the City of Miami’s Public Works Department for removing the invasive species along the City owned stretch of riverfront along the South Shore from the SW 27th Avenue Bridge to NW 20 ST.  In addition, I would like to thank the over 100 volunteers from UM, FIU, MIRA, and the Coastal Clean-Up, which picked up litter along this section on Saturday, September 25.  On behalf of the MRC, I would like to extend our gratitude to this district’s Honorable City Commissioner Gort, whom attended the volunteer event and will present a formal “Certificate of Appreciation” at an upcoming City Commission meeting in recognition of this volunteer Miami River clean-up.

Mr. Carmichael stated it was his understanding DERM had obtained some funding in Miami-Dade County’s Fiscal Year 2011 (FY ’11) budget, which will be utilized as a match for a Florida Inland Navigation District (FIND) grant application (due January-March 2011) for the removal of derelict vessels. Mr. Carmichael noted it had been reported last month that DERM was expecting to receive anywhere from $40,000 - $60,000 from FIND for the removal of derelict vessels, but had not obtained an update regarding the status of this funding.  Mr. Carmichael stated a letter had been sent on behalf of the MRC to the Director of the Miami-Dade County Solid Waste Department, respectfully recommending that they waive their disposal fee(s) associated with the removal of derelict vessels along the Miami River.

In addition, Mr. Weinreb, City of Miami, indicated the City has derelict vessel removal funding in the City of Miami’s FY ’11 budget, which was matched by an awarded FY ’11 FIND grant.

II. City of Miami’s Creation of the 2012 Evaluation Appraisal Report (EAR) - MRC Chairman Buermann welcomed Mr. Hal Ruck, City of Miami Planning Department, whom presented a brief overview of the 2012 City of Miami Evaluation Appraisal Report (EAR).  Mr. Ruck stated the City has begun the 2012 EAR process, which he noted is required every seven years to evaluate the successes and failures of the City of Miami Comprehensive Neighborhood Plan. Mr. Ruck stated the City completed the amendment process for the Port of Miami River Sub-element in July 2010.  Mr. Ruck added Miami-Dade County is in the process of finalizing its EAR, which is expected to go before the Board of County Commissioners for approval in October/November.

Mr. Ruck stated the City will be conducting five public meetings (one in each commission district) from October 18-26 to solicit input from the community. Mr. Ruck added the schedule of public meetings is available on the City of Miami’s website, www.miamigov.com/planning, under “Community Planning.” Mr. Ruck added the website will also provide the public an opportunity to post comments online. Mr. Ruck noted the input generated from the public meetings, as well as any issues pertinent to the City, will be submitted to the Florida Department of Community Affairs (DCA) by the first part of 2011.

Mr. Ruck stated that once approval is obtained from the DCA for the submitted issues, the City will use these comments as a catalyst in creating the EAR early next year. Mr. Ruck noted the City will then conduct another round of public meetings to obtain additional input from the community and develop the EAR.  Mr. Ruck added a subsequent workshop would be conducted with the City of Miami Planning & Zoning Appeals Board before it is presented to the Miami City Commission. Mr. Ruck explained the draft EAR would subsequently be submitted to the State, whom will generate comments to be transmitted back to the Miami City Commission for adoption sometime in February 2012. Mr. Ruck added the City is required to submit the final adopted EAR to the State by March 2012.  MRC Chairman Buermann thanked Mr. Ruck for his presentation and opened the floor for questions and/or comments.

Questions/Comments

• Ms. Sallye Jude asked if the EAR could incorporate the need for more community free vegetable and fruit gardens, and Mr. Ruck replied the City would be happy to look into this and issues that will be used to support all the goals, objectives and policies of the Comprehensive Plan, such as: transportation, climate change, economic development, etc. In the meantime, Mr. Ruck noted the City will continue to solicit support and input from the public.
• Mr. Carmichael asked if the EAR is meant to revise or implement the Comprehensive Plan, and Mr. Ruck explained the EAR process is essentially a review of the policies currently in place; it is a document that can recommend updates or changes to the Comprehensive Plan in the future. Following adoption of the EAR document, Mr. Ruck noted the City enters into another process, or second phase, called “EAR based Amendments” to the adopted Comprehensive Plan.
• Mr. Horacio Stuart Aguirre thanked Mr. Carmichael for his questions and noted the Comprehensive Plan pertains to land use.  Mr. Aguirre noted the importance of monitoring future land use along the Miami River, as he believed the current recession is coming to an end which may bring challenges in regards to maintaining a mixed-use river
• Mr. Carmichael asked if all the public comments generated would be posted on the City of Miami website, and Mr. Ruck replied yes

UIWG Chairman Jim Murley stated during the UIWG’s September 17 meeting he recommended the full MRC consider this item during today’s public meeting, in order to formalize their advisory recommendation on this Miami River related item, as requested by City Commission resolution. UIWG Chairman Murley added, as noted in the UIWG’s distributed September 17 public meeting minutes, that he recommended the MRC to 1) Assist City’s efforts to implement the Miami River related objectives in the City’s currently adopted Comprehensive Plan, including but not limited to City’s adoption of the Miami River Corridor Urban Infill Plan; 2) Reiterate recent MRC recommendation in support of the recently adopted EAR based amendments to the Comprehensive Plan related to the Miami River (i.e. do not amend the language which was just adopted into the Comprehensive Plan).

UIWG Chairman Murley noted the recently adopted EAR based amendments to the Comprehensive Plan related to the Miami River are a good reflection of future policy, and noted he and Mr. Bibeau would continue to follow up with the City in regards to implementing the Miami River-related objectives. In addition, UIWG Chair Murley noted he and Mr. Bibeau had scheduled a lunch with the new City of Miami Planning Director to discuss these goals.

Vice Chair Philip Everingham moved a resolution for the MRC to  1) Assist City’s efforts to implement the Miami River related objectives in the City’s currently adopted Comprehensive Plan, including but not limited to City’s adoption of the Miami River Corridor Urban Infill Plan; 2) Reiterate recent MRC recommendation in support of the recently adopted EAR based amendments to the Comprehensive Plan related to the Miami River (i.e. do not amend the language which was just adopted into the Comprehensive Plan). The resolution was seconded by Ms. Sallye Jude and was unanimously adopted, 10-0.

MRC Chairman Buermann directed MRC staff to forward the EAR meeting dates to all MRC board members and designees.

III. MRC Subcommittee Reports-

A. Greenways Subcommittee - Mr. Bibeau provided the following report on behalf of GSC Chair Ernie Martin, whom was unable to attend today’s meeting:

The Greenways subcommittee’s August 25 and September 15 public meeting minutes have been distributed. 

In September, the City’s grant application co-authored by MRC Director Bibeau to construct the Miami River Greenway on the south shore from the Miami Circle to South Miami Ave Bridge, was awarded $1 million in federal funding.

MRC staff distributed the suggested letter to the Honorable Mayor Tomas Regaladowith attached summary of the action items the City of Miami needs to take in order to use the now $7.6 million in federal grants previously awarded to the City of Miami to construct seven sections of the Miami River Greenway.

Since the last MRC meeting, staff has co-coordinated and co-sponsored two volunteer Miami River Greenway beautification events on September 25 and October 2.  Upcoming volunteer Miami River Greenway beautification events are scheduled on October 30, November 6, and January 15.

I’m pleased to announce that former U.S. Senator Richard Stone will be attending the MRC’s November meeting.  You may recall that the Honorable Senator was instrumental in efforts to garner the original momentum at the national level to conduct the Miami River maintenance dredging and environmental clean-up project. 

The Greenways subcommittee’s next public meeting will be held here next Wednesday, October 13, at 2 PM.

B. Stormwater Subcommittee – SSC Chair Sallye Jude provided the following report:

The Stormwater subcommittee’s September 1 public meeting minutes have been distributed.  The October meeting is this Wednesday, October 6, 10 AM, 2121 SW 3 Ave, 6 FL, in the small conference room.

Ms. Jude thanked the City of Miami for renewing the Scavenger 2000 Water Decontamination Vessel’s three year service contract.

Ms. Jude noted the SSC’s environmental agencies are preparing to conduct a walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  The preliminary meeting is being scheduled in October, followed by the walking inspection in November.

Ms. Jude stated she would like to defer to Mr. Aguirre to present the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report.

Mr. Horacio Stuart Aguirre provided the following report:
The City of Miami is expecting to receive all long awaited permits for the Wagner Creek and Seybold Canal maintenance dredging and environmental clean-up project this month.  I directed MRC Director Bibeau to provide me with the following concerning briefing in writing.  The distributed letter notes:

• The previously City of Miami appropriated $2 million for the Wagner Creek Seybold Canal Maintenance dredging and environmental clean-up project was reprogrammed away from the project. Therefore we are recommending the lost funding be returned to this long awaited and widely supported project.
• Without the required match, the City of Miami withdrew their submitted application for a $1 million FIND grant for the project.  Once the City of Miami recaptures the previously available $2 million for this project, we are recommending the City of Miami apply in January 2011 for a FY’12 FIND grant.
• The City of Miami is preparing their Federal and State FY’12 Legislative requests, which we are recommending the City to include requests for State and Federal cost shares.
• The letter attaches an October 16, 2009 letter from DERM to the City indicating they must dredge the highly contaminated City owned Wagner Creek and Seybold Canal by the end of 2009, or be possibly subjected to enforcement actions. 
• The letter also attaches the City of Miami’s January 26, 2010 reply letter to DERM, pledging to commence the project by June 2010, over three months ago. 

In addition the distributed letter outlines the following much needed City of Miami Action Items:

• Recapture previously appropriated $2 million City cost share for the project from City’s reoccurring Storm Water Utility Fee
• Apply for a FY ’12 FIND grant in January 2011
• Request a State cost-share in FY ’12 during the 2011 session – State owns a section of the project’s submerged land, and City paid for the design and permitting of the entire project, including the section of State owned submerged land
• Request to re-secure the previously appropriated $1 million South Florida Water Management District (SFWMD) cost share for the project
• Request a $1 million Miami-Dade County cost share in FY ’12
• Request a $16 million Federal cost share in FY ’12

Chairman Buermann stated if the City’s previously appropriated $2 million for this City project is no longer available, it would negatively impact their request for the SFWMD to provide the City’s requested $1 million cost-share.

Jim Murley suggested exploring the U.S. Environmental Protection Agency’s Region 4 website for information regarding potential federal cost shares for this environmental clean-up project, and added for Wagner Creek / Seybold Canal to be eligible for Federal “Super Fund” funding, the site must first become a designated “Super Fund” site, which doesn’t automatically guarantee funding.

Mr. Robert Weinreb, City of Miami, stated it was his understanding that the City of Miami had obtained its permits last week for the Wagner Creek/Seybold Canal Maintenance Dredging & Environmental Clean-up Project. Ms. Lisa Spadafina, DERM, corrected Mr. Weinreb’s report and noted that DERM had not issued the City a Class I Permit yet because they are awaiting final comments from Florida Fish and Wildlife.

C. Urban Infill Subcommittee – UIWG Chairman Jim Murley noted the Urban Infill Subcommittee’s September 21 public meeting minutes have been distributed. UIWG Chairman Murley encouraged everyone to participate in Miami-Dade County’s Palmer Lake Planning Charette on Saturday, October 16, 10 AM, at Melreese Golf Course. UIWG Chairman Murley announced the UIWG’s next meeting will be held on Wednesday, October 13, 9 am at Robert King High.

D.  Dredging – Chairman Buermann reported he continues to communicate with the Army Corps of Engineer’s requesting the non-guaranteed refund of the extra $21 million provided by the local project sponsors to finish the $89 million Miami River Maintenance dredging and environmental clean-up project on time and budget.

E.  Economic Development and Commerce (EDC) – Marlene Avalo stated the EDC will try to schedule a public meeting in November.

IV. New Business - The following items were discussed:

• Ms. Debbie Zimmerman, Chief of Staff for the Honorable Representative Ileana Ros-Lehtinen, encouraged everyone to support the Miami River by co-sponsoring Miami Riverday and placing an ad in the 8th annual Miami River Map & Guide; Mr. Bibeau thanked Congresswoman Ros-Lehtinen for tweeting about the MRC’s recent volunteer Miami River Greenway beautification events.
• Professor Suzanne Hollander, FIU, thanked the MRC for sponsoring the September 30 Miami River boat tour which attracted over 100 FIU undergraduate and graduate students and emphasized the importance of the river.  Professor Hollander noted she would be teaching a class at FIU in winter that will perform a case study on the Miami River (on a site yet-to-be determined) which is aimed at addressing any questions or issues the river may have.
• Ms. Jude noted she would like to create more community vegetable and fruit gardens at private properties along the Miami River.  Mr. Bibeau noted he liked this idea yet reminded Ms. Jude of the hurdles that would need to be overcome and/or addressed, such as: liability insurance and taxes.  Mr. Bibeau noted he had contacted an insurance agent whom indicated numerous insurance companies were not willing to issue a liability insurance policy for large public vegetable and fruit gardens, and on willing company would charge $13,000 per year.  Ms. Jude volunteered to identify creative ways to offer insurance at a more economical price.  Regarding the property taxes, Chairman Buermann recommending claiming the Agriculture valuation when assessing considering vegetable and fruit gardens.  
• Mr. Horacio Stuart Aguirre stated the Honorable Commissioner Gort supports working with the MRC towards implementing plans to improve the Miami River corridor

I. Chair Report
MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft October 4, 2010 public meeting minutes. Mr. Jay Carmichael made a motion to approve the MRC’s October 4, 2010 meeting minutes. The motion was seconded by Mr. Tim Riera-Gomez and was unanimously adopted.

MRC Chairman Buermann noted the rotating PowerPoint featuring pictures of the recent volunteer Miami River Greenway beautification event, which took place on Saturday, October 30 in partnership with the University of Miami along the north shore of the Miami River, from the Brickell Bridge to the South Miami Avenue Bridge.

MRC Chair Buermann stated he was pleased to welcome the Honorable Senator Richard Stone.  MRC Chair Buermann noted the Honorable Senator Stone was instrumental in helping garner the original momentum at the national level to conduct the Miami River maintenance dredging and environmental clean-up project.  MRC Chair Buermann noted the Honorable Senator Stone is a former Secretary of State of Florida as well as a former Miami City Attorney. MRC Chair Buermann recalled he had invited Senator Stone to be a guest speaker at his high school, Ransom Everglades, to which he had kindly obliged. MRC Chair Buermann presented the Honorable Senator Stone with a plaque of appreciation, featuring a picture of the successful completion of the Miami River maintenance dredging project, at the mouth of the Miami River on the north shore’s public riverwalk trailhead. MRC Chair Buermann thanked the Honorable Senator Stone for being a true visionary and a leader.

The Honorable Senator Stone thanked the MRC for the honor and reminisced about his days visiting the Miami River, specifically the former Dupont Plaza, where the idea to dredge the Miami River emerged. The Honorable Senator Stone noted the difficulty in raising public money to dredge the Miami River was finally overcome when everyone-all agencies and stakeholders-came together in support of the cause. The Honorable Senator Stone joked how he had once swam in the Miami River.  Now that the Miami River Dredging Project was successfully completed, the Honorable Senator Stone noted the importance of continuing efforts to focus attention on the Miami River.  He suggested conducting a Halloween boat parade as a start-up to the winter tourist season as a means of garnering media attention, as well as increasing popularity and public support. The Honorable Senator Stone noted these combined elements could potentially assist the MRC in obtaining funding for future projects. The Honorable Senator Stone thanked the MRC for their wonderful work and the happy Miami River memories instilled in him. MRC Chair Buermann invited MRC board members and designees to take a group photograph with the Honorable Senator Stone and his family.

MRC Chairman Buermann kindly asked Mr. Jay Carmichael for an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

Mr. Carmichael stated he was pleased to announce that yet another item has been resolved and is therefore being removed from the Miami River VIP.  Mr. Carmichael thanked The Millennium Partners, owners of 431-451 South Miami Ave, whom have commenced replacement of their seawall, which was in dire need of repair. Mr. Carmichael also thanked the City of Miami whom emailed that the one posted derelict vessel on the Miami River is scheduled for removal this month. MRC Chairman Buermann thanked Mr. Carmichael for his report.

II. Update of Miami-Dade County Palmer Lake Charrette/Planning Process - MRC Chairman Buermann welcomed Mr. Jess Linn, Miami-Dade County Department of Planning & Zoning, but firstly deferred to MRC Urban Infill Working Group (UIWG) Chairman Jim Murley to provide a brief overview of the item. UIWG Chair Murley reported the UIWG has been monitoring this item for the past few monthly public meetings, and will continue to do so. UIWG Chair Murley noted MRC Managing Director Brett Bibeau serves on the Palmer Lake steering committee and Dr. Fran Bohnsack, Miami River Marine Group, is also actively involved.  UIWG Chair Murley noted he believed County staff has been making progress on the Palmer Lake Charrette Vision Plan as evidenced by his recent visit to Miami International Airport to review the draft “work-in-progress presentation” based on input generated by the public during the October 16 Planning Charette.  UIWG Chair Murley added he had driven around the MIC area following his visit to Miami International Airport and had gained a sense of the project’s magnitude.

UIWG Chair Murley deferred to Mr. Linn to provide an update of the Palmer Lake Charette/Planning Process. Mr. Linn reported the week-long Charrette/Planning Process had an excellent turnout.  Mr. Linn distributed a “Palmer Lake Charrette” informational 1 page flyer, with the project webpage, www.miamidade.gov/planzone/palmerlake.asp, where one can download the “work-in-progress presentation,” as well as additional Palmer Lake Charrette information. Mr. Linn noted the graphics featured in the draft presentation on the web are self-explanatory. Mr. Linn reported that during the next two months, county staff will be combining images into the report with specific details and recommendations. Mr. Linn added the county planned to conduct follow-up meetings, and when the draft is completed in an estimated month, MDC would present it to the MRC.

Chair Buermann opened the floor for questions and comments.

Dr. Ernie Martin noted he was unable to download the “work-in-progress” presentation from the county’s website, and Mr. Linn stated he would mail him a copy.

Mr. Carmichael asked if the County encountered any primary friction during the development of this vision and if there are any competing interests. Mr. Linn essentially answered no, yet explained the subject property is interesting, as it includes the area around the MIC, the area around Palmer Lake, riverfront parcels, and the upland areas in between all containing their own unique users and character and will be treated differently in the Plan.  Mr. Carmichael asked how the Palmer Lake Planning process will evolve, in terms of project priorities, and Mr. Linn replied the County plans to conduct a future Steering Committee meeting to vote on prioritization recommendations.  Mr. Linn added the County is trying to make the Palmer Lake planning process as inclusive as possible.

Dr. Fran Bohnsack, Miami River Marine Group, stated she believed there seemed to be some “friction” during this process as Mr. Carmichael had so aptly described. Dr. Bohnsack explained the US Coast Guard had approached the Miami River Marine Group a few years ago with the County’s proposal to build the fixed MIC/Earlington Heights Metro-Rail Bridge over the Miami River’s federal navigable channel with a reduced 40 foot vertical clearance, where 75 feet is required.  At that time, Miami-Dade County Transit Director Roosevelt Bradley had sided with the marine industries’ concerns and had developed an agreement acknowledging that once the infrastructure for this transportation project was in place, the riverfront lands underneath and adjacent to the subject area, which were eminent domained by the County would revert back to their original marine industrial uses.  Dr. Bohnsack stated she had in her possession a copy of Mr. Bradley’s letter confirming this agreement. Dr. Bohnsack added Mr. Harpal Kapoor had obtained a copy of this letter and provided a similar additional letter after he replaced Mr. Bradley as Transit Director. Dr. Bohnsack stated she had been under the impression that everyone was on-board with this agreement, and had therefore been surprised at the October 16 Palmer Lake Charrette when it had sparked such controversy on behalf of the Chair of the Steering Committee, that he had gone as far as to recommend that the agreement be discarded.  Dr. Bohnsack stated she was seeking support from the MRC, in terms of having the County honor the conditions of its original agreement.  Dr Bohnsack stated the County needs to repair their seawalls which are falling into the River’s Federal Navigable Channel in this area.

Mr. Tim Riera-Gomez asked Dr. Bohnsack if she could forward him a copy of the aforementioned agreement / letters, and Dr. Bohnsack provided him copies at the meeting. Mr. Gomez stated he would provide this agreement to the appropriate County department for review. Mr. Gomez added the County remains committed to stabilizing their seawalls and using these riverfront areas for marine industrial uses once the new Metro-Rail Bridge construction is complete.  The MRC noted they previously voted in support of this agreement.

Mr. Horacio Stuart Aguirre stated it had been opined at the October 16 Palmer Lake Charrette that the Miami River Commission (MRC) does not need to review the findings of the charrette, which he noted was in direct contradiction of his personal understanding that the MRC can indeed review such draft plans. UIWG Chair Murley explained that, based on previous conversations with Miami-Dade County Assistant Planning Director Subrata Basu and the Director’s presentation to the MRC, the County’s Planning Department will indeed be presenting the draft plan to the MRC once it is ready. 

Mr. Bibeau stated that under Miami-Dade County resolution R-156-99, the Miami River Commission is required to provide its advisory recommendation for any items impacting the Miami River prior to the Board of County Commissioner’s consideration of the item, and in this case the draft Palmer Lake Plan will be considered by the Board of County Commissioners.  Mr. Linn noted it will not be ready for County consideration for several months.

Mr. Bibeau stated he had attended the October 16 Palmer Lake Charrette and although he agreed that the attendance at the Palmer Lake Charrette had been “excellent” considering it took place on a Saturday, there were only 20 people from the general public in attendance, several of which most had been employees representing the same company.  Therefore, Mr. Bibeau stated it is crucial for the County to directly invite as many people as they can to future meetings to ensure that all interests are sufficiently represented.  Mr. Linn noted the final plan will primarily consist of recommendations generated by Palmer Lake Plan meeting attendees, and therefore encouraged attendance.

Mr. Carmichael asked if the recommendations included in the American Institute of Architects’ (AIA) “Miami River Catalyst Plan” were incorporated as a part of the Palmer Lake Charrette Process, and Mr. Linn replied those recommendations would be included in the report.

On behalf of the MRC, Chair Buermann directed staff to continue advocating and supporting marine industrial uses along the Miami River.

Mr. Linn explained that County staff currently has a collection of suggestions generated at the October 16 public charrette, which will be analyzed and developed into a succinct report.  Mr. Bibeau stated he had just been informed for the first time that “prioritization” of ideas/concepts for the draft Palmer Lake Plan will be based on votes cast from whoever attends the county’s next, yet-to-be-scheduled public Steering Committee meeting.

Vice Chair Everingham asked Mr. Linn to provide a clarification of the Palmer Lake planning process. Mr. Linn explained county staff will be preparing a draft report/plan based on the recommendations generated at the October 16 public charrette, which will be provided to the Palmer Lake Steering Committee for review and comments. Once the Steering Committee is satisfied with the report, the “prioritization process” will begin i.e. scheduling a meeting where the public can review the report and provide comments.  The report will then be presented to the Planning and Zoning Board, the Miami River Commission and the Board of County Commissioners.

The MRC thanked Mr. Linn for his presentation.  

III. MRC Subcommittee Reports

Greenways Subcommittee - GSC Chair Ernie Martin provided the following report:

The Greenways subcommittee’s October public meeting minutes have been distributed. 

MRC staff has distributed the updated summary of the action items the City needs to take in order to use the now $7.6 million in federal grants previously awarded to the City of Miami to construct 8 sections of the Miami River Greenway.  Although 5 of 6 grants are estimated for completion in 2012, the City’s estimated timelines have extended a couple months.

GSC Chair Martin stated the GSC continues to monitor and address private sector issues along the greenway, specifically the construction of publicly accessible riverwalks inconsistent with City of Miami approvals, and distributed photographs of the Epic Hotel as an example.  GSC Chair Martin noted City of Miami Commissioner Marc Sarnoff had suggested bringing this issue before the Waterfront Advisory Board, which he noted he and Mr. Bibeau plan to do at the Waterfront Board’s request on Tuesday, November 9, 6:30 pm at Miami City Hall. MRC Chair Buermann encouraged everyone to attend this meeting.

Mr. Bibeau explained that some items/private sector segments are more serious than others. For instance, benches had never been installed at One Riverview Square, whereas, EPIC Phase II needs to demolish it’s vacated temporary sales structure to build their public riverwalk as approved.  Mr. Bibeau added this structure is in clear violation of the city charter requirements regarding waterfront setbacks.  GSC Chair Martin noted it is his intention to bring the Waterfront Board’s attention to these longstanding issues.  Mr. Bibeau noted a list of private sector segments which seem to have been constructed inconsistent with City approvals to Commissioner Sarnoff, the City of Miami Planning Department, and the Office of the City Manager.

MRC Chairman Buermann recommended “publicizing” this list in order to have developers fulfill their commitments. Mr. Aguirre stated Mayor Tomas Regalado is behind this effort, as well as some commissioners.

Mr. Winston explained it all comes down to individual potential violations and therefore suggested seeking external regulatory assistance to bring the inconsistencies into compliance – for those that are indeed enforceable.  MRC Chairman Buermann agreed with Mr. Winston and suggested the MRC recommend the City enforce any potential violations between the constructed public riverwalks and the plans approved by the City.  UIWG Chair Murley stated he favors the MRC’s goals, yet reminded the MRC that some issues may be harder to address than others, as some of the developers of these projects are gone and have been turned over to Condominium associations.  Mr. Aguirre suggested engaging City of Miami Code Enforcement.

Mr. Winston suggested firstly conducting data analysis to pinpoint those in violation, and UIWG Chair Murley replied this effort has already been completed and provided by staff, whom continues to work with the city to address any and all inconsistencies.

Mr. Bob Weinreb, City of Miami, explained two years ago, the city administration attempted to get all the various departments which work on these, Planning, Building, Code Enforcement, Public Works, etc together to discuss the aforementioned issues.  What seemed to have happened, noted Mr. Weinreb, was a realization that the city needs to enact a better coordinated and cohesive system.  It had been discovered that Temporary Certificates of Occupancy (TCO) were being provided to developers when they shouldn’t have been, because the constructed public riverwalks were inconsistent with City approvals.  Mr. Weinreb noted, however, that the new City administration currently in place is trying to make some headway to “untangle” this continuing situation.

Mr. Bibeau explained several approved riverfront Major Use Special Permits (MUSP) have yet to break ground. For such projects, Mr. Bibeau suggested ensuring-with the city’s help-that components like the greenway, which are included in the approved MUSPs, are carried into and fulfilled in the construction process.  Mr. Bibeau stated the city administration had promised to hold issuing future Temporary and Final Certificates of Occupancy until their public riverwalks are completed consistent with City approvals.

Mr. Winston asked if there was a specific building along the Miami River with a clear violation, and Mr. Aguirre replied that Terrazas Riverpark Village, located to the west of Sewell Park on the south shore of the Miami River, comes to mind as its developer had included a publicly accessible riverwalk as a part of their plans, but there is no public access to this constructed riverwalk section.

Mr. Bibeau noted the City of Miami’s Department of Capital Improvements, Building, Planning, the City Manager and Assistant City Manager, as well as the Waterfront Advisory Board, have been making progress on this issue.  For example, Mr. Bibeau noted the city has ordered CIMA, Wind, Mint and Ivy to complete their previously pledged riverwalks, and construction has recommenced after no activity for well over a year.

GSC Chair Martin deferred to Mr. Bibeau for an update of volunteer events.  Mr. Bibeau noted that since the last MRC meeting, the MRC co-coordinated and sponsored a volunteer Miami River Greenway beautification event last Saturday, October 30.  The volunteers painted light pink along the public riverwalk beneath the Brickell Bridge on the north shore, including a mural of Miami’s 1st Hotel, Flagler’s Royal Palm Hotel, which was historically located on that site.  In addition, the volunteers painted riverwalk benches, trash cans and gazebos along one of the first sections of riverwalk which was constructed along the north shore from the Brickell Bridge to the South Miami Ave Bridge.  Upcoming volunteer Miami River Greenway beautification events are scheduled this Saturday, November 6, December 4, and January 15.

The Greenways subcommittee’s next public meeting will be next Wednesday, November 10, 2 PM, 1407 NW 7 ST. 

B. Stormwater Subcommittee – SSC Chair Sallye Jude provided the following report:

The Stormwater subcommittee’s October 6 public meeting minutes have been distributed.  The November meeting is this Wednesday, November 3, 10 AM, 2121 SW 3 Ave, 6 FL, small conference room.

In October, the SSC’s environmental agencies conducted the “Maps on the Table” exercise in preparation for their walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  The SSC’s environmental agencies are scheduled to conduct the walking inspection on November 18.

Sallye Jude deferred to Mr. Stuart-Aguirre to present the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report.  Mr. Horacio Stuart Aguirre stated the City of Miami is expecting to receive all the substantially completed permits for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-up project this month.

Mr. Stuart Aguirre stated last month he relayed that the project manager had informed the MRC that the City’s previously appropriated $2 million balance for this project was reprogrammed.  Last Friday, the City of Miami’s new Deputy CIP Director Sosa emailed the MRC that the City now has $1.35 million available for the project, and is seeking State and Federal cost shares for the project.     

C. Urban Infill Subcommittee – UIWG Chairman Jim Murley stated the Urban Infill Subcommittee’s October public meeting minutes have been distributed.

UIWG Chair Murley noted the City of Miami is seeking a Miami River Boat Tour to study potential stops for potential waterborne transportation, including but not limited to the Baseball Stadium, MIC, riverfront developments, downtown, parks, restaurants, American Airlines Arena, etc.

In October, UIWG Chair Murley noted he and Director Bibeau met with the new City of Miami Planning Director Garcia, whom will be taking a Miami River Boat Tour this month.  MRC staff participated in a City EAR public hearing.

UIWG Chair Murley stated the County’s EAR, which the MRC is recommending approval, is now scheduled to be considered by the Board of County Commissioners in November.

The next UIWG meeting will be November 9, 3 pm, 1407 NW 7 ST. 

IV. New Business - Mr. Carmichael asked for additional information regarding Miami-Dade County Special Obligation Bonds, which had been mentioned in the October 13 UIWG meeting minutes.  Mr. Bibeau explained the Federal Economic Recovery Act had provided some cities and counties an opportunity to designate Federal “Recovery Zones,” thereby allowing the issuance of long-term, low-interest bonds to attract new businesses in these designated areas.  Mr. Bibeau noted the Miami-Dade Board of County Commissioners had recently adopted an ordinance designating their “Recovery Zone” and authorizing the issuance of Special Obligation Bonds not to exceed $80 million for Miami-Dade Transit and Seaport Capital Improvement Projects, such as Miami International Airport and the Port of Miami. Similarly, Mr. Bibeau noted the City of Miami has the ability to designate the Miami River as a “Recovery Zone” and issue up to $11.4 million of these long-term, low-interest bonds to stimulate new and expanding businesses along the Miami River.  Mr. Bibeau noted the Miami River is currently designated an Enterprise Zone as it meets the State criteria for blight and poverty per Census data, and has been in communication with Mr. Aguirre, regarding the possibility of designating the Miami River a “Recovery Zone” as well.  Mr. Aguirre noted such designation has been requested, and noted this process is fiercely competitive, as a variety of interests are vying for that pool of money, specifically the Miami Marine Stadium. Mr. Aguirre noted the Miami River’s strongest selling point for this funding is that it promotes jobs.  Mr. Carmichael asked if the MRC plays a role in potentially being designated a “Recovery Zone” and obtaining funding, and Mr. Aguirre replied yes, adding that he has already broached this subject with the City of Miami, including the Honorable Commissioner Wilfredo Gort. Mr. Carmichael asked if there was a timeframe to be designated a “Recovery Zone,” and Mr. Aguirre replied he was not aware of a specific timeframe, but recommended that the MRC jump on this potential opportunity as soon as possible.  MRC Chairman Buermann directed Mr. Bibeau to draft a letter on his behalf to the City of Miami recommending that the City Commission designate the Miami River (located in an existing enterprise zone boundary) a “Recovery Zone,” which is consistent with the MRC’s long-standing plans to generate jobs and economic incentives

Ms. Jude announced the Florida Department of Transportation (FDOT) is hosting a Project Kickoff (PD&E) meeting to discuss possible enhancements to the SR968/SW 1st Street Bascule Bridge, from SW 5th Avenue to SW 2nd Avenue, on Wednesday, November 10, 6-8 pm, Jose Marti Park Recreation Center, 351 SW 4th Street, and encouraged everyone to attend.

The meeting adjourned.

I. Chair Report – MRC Chairman Buermann stated he was pleased to welcome representatives from nearly a dozen of the MRC’s public and private partners which provided volunteers and funding at numerous volunteer Miami River Greenway beautification events held over the 2nd half of 2010. MRC Chairman Buermann noted the rotating PowerPoint features pictures of the volunteer events at numerous locations along the River.  As a token of the MRC’s sincere gratitude, MRC Chairman Buermann presented the following Plaques of Appreciation:

• Honorable Commissioner Barreiro and Mr. Tim Riera-Gomez, Miami-Dade County, for providing funding and site of Miami River Community Free Vegetable and Fruit Garden at Robert King High, 1407 NW 7 Street

• Honorable Mayor Regalado, City of Miami, for providing funding for volunteer beautification events

• Ms. Chelsea Warner, Hands on Miami, for providing volunteers and supplies

• Ms. Claire Heckerman, University of Miami Butler Service Center, for providing volunteers

• Mr. Ronald Padilla, Florida International University Lend A Hand Student Association and MIRA, for providing volunteers

• MRC Chairman Eric Buermann and Ms. Lucy Perez, SFWMD, for providing funding for volunteer beautification events

• Ms. Tanya Denis-Irias, Robert Allen Law, for organizing the Miami-Dade County Coastal Cleanup event and providing volunteers

• Mr. David Smyth, Epic Marina, for providing water for pressure cleaning prior to painting beneath the Brickell Bridge

MRC Chairman Eric Buermann stated he would like to entertain a motion regarding the MRC’s distributed draft November 1, 2010 public meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s November 1, 2010 meeting minutes. The motion was seconded by Mr. Richard Dubin and was unanimously adopted.

MRC Chairman Buermann stated the MRC’s 2011 public meeting calendar has been distributed, and the MRC will continue conducting public meetings generally on the 1st Monday of every month, noon, 1407 NW 7 ST.

MRC Chairman Buermann reported the MRC’s Executive Committee’s public meeting was held at 11 today.  MRC Chairman Buermann stated the Executive Committee reviewed the Miami River Fund Inc.’s adopted FY’10 (July 1, 2009 – June 30, 2010) Financial Audit and 1st quarter FY ’11 (July 1, 2010 – September 30, 2010) Financial Report. 

MRC Chairman Buermann stated he had reviewed a copy of the draft 2010 MRC Annual Report, which will be sent to the printers this Wednesday in order for it to be available for distribution at the January 3 MRC meeting.

MRC Chairman Buermann asked Jay Carmichael for an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP.”

Mr. Carmichael stated he had written a letter suggesting Miami-Dade County to consider waiving the disposal “tipping” fees when the public sector is disposing of a derelict vessel.  Mr. Carmichael noted the Miami-Dade County Solid Waste Director wrote a response letter, stating doing so would violate a cited ordinance, therefore they will continue charging disposal fees after the government pays to remove a derelict vessel.

Mr. Carmichael reported there was a positive recent newspaper article regarding the City’s plans to remove the derelict vessel on the Miami River’s north shore, just west of I-836, in November, with an appreciated cost-share from FIND.  Mr. Carmichael stated the City sent an email, rescheduling the removal to December 13.

Mr. Carmichael added he and Mr. Bibeau are in communication with Miami-Dade County GSA Director Wendy Norris and Lee Soloman about repairing the collapsed dock which is falling into the Miami River, and painting over the graffiti on the County-owned 1175 NW South River Drive. 

Mr. Gary Winston stated the State Attorney’s Office had recently met with the Florida Fish & Wildlife Conservation Commission (FWC) whom had charged a boat owner with a felony for littering, and this violation is now part of a tracking system. Mr. Carmichael thanked the State Attorney’s Office and the FWC for their efforts.

II. MRC Subcommittee Reports-

A. Greenways Subcommittee – GSC Chair Martin welcomed Mayor Regalado and thanked him for his support and assistance. GSC Chair Martin stated the last time Mayor Regalado had attended an MRC meeting, he had directed the MRC to meet with city staff to address riverwalk issues and track the city’s progress of constructing greenway sections using grants previously awarded to the city, which he noted has made great strides.  MRC Chairman Buermann stated the Executive Board discussed this during its public meeting earlier today, and recommended that when presented with proposed development projects in the future, the MRC should base their advisory recommendation contingent on the developer’s “written assurance” that they will construct and maintain their publicly accessible riverwalk sections.  Mayor Regalado stated when the City approved numerous developments along the Miami River, they required publicly accessible riverwalks.  Mayor Regalado stated developments which do not comply with the requirement to provide public riverwalks will not be granted final Certificates of Occupancy.  Mayor Regalado added the City of Miami’s Code Enforcement Department continues to cite those in violation of the city code.  If such businesses or individuals do not comply within 30 days of their issued citation, they are summoned to appear before the Code Enforcement Board. Mayor Regalado noted the Code Enforcement Board can choose to issue extensions in order to allow violators time to come into compliance. But generally, those not in compliance can be fined anywhere from $250 to $500 daily if the violation is not addressed. Mr. Javier Betancourt stated that greenway segments owned by public agencies, however, are not subject to the city’s Code Enforcement process. For example, Mr. Betancourt reported the Downtown Development Authority (DDA) had received a call from the Hyatt recently, which had complained about litter beneath the adjacent Brickell Bridge, owned by the Florida Department of Transportation. According to the Hyatt, Mr. Betancourt noted FDOT had not been maintaining their portion  of the public riverwalk beneath the Brickell Bridge, so the DDA has been helping clean the area.  Mr. Bibeau stated the MRC had also assisted in keeping the area clean, most recently on October 30, which included painting over graffiti.  Mr. David Smyth, EPIC Marina, thanked Mr. Bibeau for his tremendous efforts and assistance via working together among various agencies to fix the lighting beneath the Brickell Bridge. Mr. Betancourt stated he had recently visited the subject area, and confirmed that lights are now functional beneath the bridge, and it looks much better.

GSC Chair Martin stated MRC staff has distributed the updated summary of the action items the City needs to take in order to use their $7.6 million in federal grants previously awarded to the City of Miami to construct 7 sections of the Miami River Greenway.  3 of 6 grants, worth $3 million, are estimated to commence construction in 2011, 2 grants, worth $3.6 million, to commence construction in 2012, and 1 grant, worth $1 million is estimated to commence construction in 2014. In addition, MRC staff distributed the document, “Miami-Dade County Bond Issue $7.5 million Miami River Greenway Line Item’s County-owned Sites.”

GSC Chair Martin reported that since the last meeting, the MRC co-coordinated and sponsored a volunteer Miami River Greenway beautification event last Saturday, December 4 and November 6.  The volunteers from Hands on Miami, and FIU planted hundreds of new plants along the Miami River Greenway on the South Shore in Little Havana from SW 3 Ave to NW 1 ST, and replanted tomatoes, peppers and herbs in the Miami River Greenway’s free vegetable and fruit garden.

GSC Chair Martin thanked the City of Miami’s Waterfront Advisory Board for continuing to have their monthly televised public meetings contain a standing agenda item regarding the Miami River Greenway.  In addition the GMCC was thanked for hosting a luncheon meeting regarding the Riverwalk on December 7, noon, at Finnegan’s River, 401 SW 3 Ave.

GSC Chair Martin stated it is the intention of the Greenways Subcommittee to transform the Miami River into a destination landscape, worthy of showing off to the entire community. Ms. Jude stated the importance of working closely with History Miami to showcase the historic Miami Circle.

• Mayor Regalado stated the City of Miami has appropriated funding to finish the riverwalk with boat slips in Lummus Park.  Mayor Regalado thanked the MRC and Director Bibeau for making progress in having the County Commission approve the agreement to allow public paid parking at the County’s vacant parking lot on North River Drive and NW 4 ST, adjacent to Lummus Park.  Mr. Bibeau reported the County has issued an RFP to construct the drainage at the Miami-Dade County Water and Sewer Department vacant parking lot on North River Drive, and then the only remaining steps are for the Miami Parking Authority to stripe the parking lot, install parking meters and remove the fence to allow public paid parking which is high demand at the adjacent Lummus Park, businesses, residents, etc.

The Greenways subcommittee’s next public meeting will be here this Wednesday, December 8, 2010 at 2 PM. 

B. Stormwater Subcommittee – SSC Chair Sallye Jude provided the following report:

The Stormwater subcommittee’s November public meeting minutes have been distributed.  The December public meeting was held last Wednesday, and our next regularly scheduled first Wednesday of the month public meeting is on January 5, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

In November, the SSC’s environmental agencies conducted their walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  Now they are preparing a report and plans to eliminate the sources of significant contamination in this tributary as detected in DERM’s monthly water quality testing results over the past decade.  

SSC Chair Jude deferred to Mr. Aguirre to present the Miami River Tributary and Canal Maintenance Dredging and Environmental Clean-Up Project Task Force’s report:

Mr. Aguirre noted the City of Miami is expecting to receive all permits for the Wagner Creek and Seybold Canal maintenance dredging and environmental clean-up project this month. Mr. Aguirre added the MRC continues to support the City’s efforts to secure the remaining estimated $18.65 million needed to conduct the required project which will improve the natural environment and local economy, and had recently met with City of Miami CIP Director Alice Bravo to establish a game plan to obtain this necessary funding.  Mr. Bibeau reported the City will be seeking funding from the following potential cost-share partners: federal, state, Miami-Dade County, the Florida Inland Navigation District (FIND) and the SFWMD. Mayor Regalado stated he had met with Alcalde Faye regarding the City’s efforts to secure a Federal cost share, and asked the MRC, Miami-Dade County and County Commissioner Barreiro for their help to advocate for securing these cost shares.  The MRC discussed how the first step towards receiving Federal “Super Fund” dollars available to remediate contaminated sites, the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project would need to be federally designated as a “Super Fund” site / project, which would then make it eligible for federal “Super Fund” money. 

Mr. Aguirre noted an excellent recent newspaper article regarding the project has been distributed.

C. Urban Infill Working Group (UIWG) – UIWG Chairman Jim Murley provided the following report:

• The UIWG’s November public meeting minutes have been distributed.

• The County’s EAR, which the MRC is recommending approval, is now scheduled to be considered by the Board of County Commissioners in January 2011.

• The MRC will work with the City of Miami to update and adopt the Miami River Corridor Urban Infill Plan, as stated in the City’s recently adopted Comprehensive Plan.

• UIWG is advocating for a private-public partnership to create Water Bus service to the baseball stadium, Miami Intermodal Center (MIC), etc.

• The UIWG’s next public meeting is here this Thursday, December 9, 10 am, and the agenda includes plans for Rail Road expansions and new bridge over and adjacent to the upper Miami River, as well as an update regarding the County’s Palmer Lake Plan.   

III. New Business – Mr. Aguirre stated he, Mr. Bibeau, and Dr. Fran Bohnsack, Miami River Marine Group, had attended an MRC-sponsored Miami River boat tour for Miami-Dade County Property Appraiser Pedro Garcia and the 50 Florida Real Estate Appraisers, whom had been impressed with the Miami River. Mr. Aguirre added Mr. Francisco Garcia, City of Miami Planning Director, had also been in attendance.

Mr. Aguirre reported he had received a phone call last Thursday from the Honorable Commissioner Wifredo “Willy” Gort whom had been “tied up” at one of the bridges along the Miami River during the morning rush-hour traffic. According to Mr. Aguirre, Commissioner Gort indicated the bridge tender had opened a bridge to allow an incoming freighter to pass, producing a temporary back-up of cars which inconvenienced morning commuters. Mr. Aguirre noted Commissioner Gort is supportive of the Miami River, and had therefore tasked him to help derive a voluntary solution to this issue while maintaining and promoting the coexistence between commuters and the day-to-day operations of the river’s marine industrial businesses which generate important jobs.  Mr. Aguirre stated he had recently met with Ms. Sara Babun, owner of Antillean Marine Shipping Corporation, in an effort to obtain guidance, and she had recommended he reach out to terminal owner Richard Dubin as well.  Mr. Aguirre noted the Honorable City of Miami Mayor Tomás Regalado had graciously offered use of his conference room as a venue for all parties to meet and discuss this matter in more detail, and Mr. Dubin stated he would gladly make himself available. Mr. Aguirre noted an official meeting has yet to be scheduled, but would keep the MRC updated. MRC board member Jay Carmichael suggested inviting a representative of the U.S. Coast Guard to participate in such meeting, and Mr. Aguirre agreed.

Ms. Jude asked Mayor Regalado if he would consider establishing community free vegetable and fruit gardens within City of Miami Parks, and Mayor Regalado stated he is supportive of community gardens. Mayor Regalado stated Dr. Richard Dunn’s community garden in Overtown is funded by the Community Redevelopment Agency (CRA), and noted Mater Academy in Little Havana has one on site. Mayor Regalado stated he has directed the Grants Department to begin exploring private donations and grants to establish additional gardens in the City of Miami.

Mr. Bibeau presented the following updates:

• Miami Holiday Boat Parade: Mr. Bibeau reported the Miami Outboard Club is having its 1st annual boat parade on December 18, 2010, 7 pm-11 pm, and they had formerly considered including the Miami River. Mayor Regalado noted he had suggested to them that they go up the Miami River, but they did not intend to do so this year. Therefore the route will start in Bayfront Park, and turn around at the mouth of the Miami River.  Mayor Regalado stated Citrus Middle School had sponsored a contest in honor of the boat parade, where the winning student received $500.  Mayor Regalado noted the boat parade would also be collecting toys to give away to local needy children.

• Mr. Bibeau noted a paddle board race will be held in January and would include the Miami River from the mouth to Lummus Park

• Mr. Bibeau applauded the new Planning Director Francisco Garcia’s initiatives and commitment made to present at the next Waterfront Advisory Board Meeting the City’s plans to bring all sections of the publicly accessible riverwalk into compliance

The meeting adjourned.