I. Chair Report – MRC Chairman Buermann stated he would like to entertain a motion on the MRC’s distributed draft December 6, 2010 public meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s December 6, 2010 meeting minutes. The motion was seconded by Mr. Tim Riera-Gomez and was unanimously adopted.

MRC Chairman Buermann stated the MRC’s 2010 Annual Report has been distributed, and thanked Mr. Mark Sell, Ms. Toni Kirkland and MRC staff for their hard work.

Ms. Jude asked if there was any way to increase awareness of the Miami River, and Mr. Bibeau replied Comcast’s Channel 77 continues to air the Miami River Commission’s Public Service Announcement (PSA), “The Miami River…Works for Me,” which provides the MRC’s website address and telephone number.
In addition, MRC Chairman stated that consistent with the MRC’s public outreach efforts, MRC Assistant Managing Director Ashley Chase has made a mailing address database of the over 300 Miami River waterfront properties.  MRC Chairman Buermann noted members of the database had received a copy of the MRC’s 2009 Annual Report, and they would now be mailed the MRC’s 2010 Annual Report. MRC Chairman Buermann noted elected officials, the SFWMD, FIND, etc, would also receive a copy of the 2010 Annual Report.  Mr. Bibeau stated this year MRC Greenways Subcommittee Chairman Ernie Martin and MRC staff will be visiting all of the Miami River Condominium Associations in an effort to continue outreach, public participation, input, etc.

MRC Chairman Buermann issued a friendly reminder that January 17 is the deadline to purchase advertisements in the 8th Annual Miami River Map and Guide and sponsorships for the 15th Annual Miami Riverday, which will be held April 2, 11-4, Lummus Park, 250 NW North River Drive. 

MRC Chairman Buermann announced Dr. Fran Bohnsack has resigned as Executive Director of the Miami River Marine Group, and has taken a job with the federal Maritime Administration.  MRC Chairman Buermann noted the MRC will thank her, and a couple of former MRC board members, with plaques of appreciation during the MRC’s February 7 meeting, noon, 1407 NW 7 ST.  On behalf of the MRC, MRC Chairman Buermann welcomed Mr. Rick Eyerdam whom is the Miami River Marine Group’s new Executive Director, and offered him the MRC’s continued support. Mr. Eyerdam thanked Chairman Buermann for the introduction and noted he is at the MRC’s disposal.

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

Mr. Carmichael noted the rotating PowerPoint includes pictures of a few VIP items which have been resolved, and are therefore being removed from the list:

1. Mr. Carmichael thanked the City of Miami and FIND for removing the derelict vessel on the Miami River’s North shore, west of I-836.
2. Mr. Carmichael noted MRC staff removed and painted over the graffiti located along a few sections of the Miami River Greenway.

Mr. Carmichael reported Miami-Dade GSA Director Wendy Norris and Lee Soloman have not provided their plan for repairing the collapsed dock which is falling into the Miami River, and painting over the graffiti on the County owned 1124 NW South River Drive, yet hoped to hear from them soon.  Mr Tim Gomez Riera, MRC designee for the Honorable Mayor Alvarez, stated he would look into it.

MRC Chair Buermann held up the January 3, 2011 Miami Herald Local Pg 1, featuring a great picture from the January 2 paddleboard race, which included the Miami River from Biscayne Bay to Lummus Park.

II. MRC Subcommittee Reports-

A. Greenways Subcommittee – MRC Greenways subcommittee (GSC) Chair Ernie Martin stated he was pleased to report the GSC’s efforts have been moving forward well with great momentum from the Honorable Mayor Regalado, Manager Tony Crapp, Jr and City staff.  The GSC has been able to monitor development of the Miami River Greenway in a more comprehensive, efficient manner. For example, GSC Chair Martin noted Assistant CIP Director Albert Sosa attended the December GSC meeting and provides update reports to MRC staff on a regular basis.  In addition, last week GSC Chair Martin and MRC Director Bibeau met with City Planning Director Garcia regarding the riverwalk.

MRC Greenways Subcommittee Chair Martin deferred to Mr. Bibeau to provide an additional update. Mr. Bibeau 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. Mr. Bibeau noted 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. Mr. Bibeau thanked the City for taking the extra $1 million from other Greenway sections, where the awarded construction bid was beneath the originally estimated amount, and making it available to finally finish the 50% complete Riverwalk in Lummus Park.

MRC Greenways Subcommittee Chair Martin thanked the Greater Miami Chamber of Commerce for hosting a Panel Luncheon Meeting regarding the Miami River Greenway, which generated a couple distributed articles, and hoped the Miami River Greenway becomes an official project of the GMCC.

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, GSC Chair Martin applauded new Planning Director Francisco Garcia’s initiatives and commitment made to present the City’s plans to bring the ten sections of the publicly accessible riverwalk into compliance at the January 11 Waterfront Advisory Board’s public meeting in City Hall, 3500 Pan American Drive, at 6:30 PM.    

Mr. Bibeau directed the MRC’s attention to the updated large map of the completed and needed sections of the 10-mile Miami River Greenway. 

Mr. Carmichael cited the South Florida Business Journal distributed article, “Miami’s waterfront walks face funding, logistical hurdles,” in which MRC board member and Downtown Development Authority Deputy Director Javier Betancourt was quoted saying, “We have to figure out how to incentivize property owners to finish …not only for parcels tied to residential projects that were never completed, but existing buildings, too.” Mr. Carmichael asked if the MRC was taking any action to address this issue, and GSC Chair Martin replied an “action plan” is being coordinated by Planning Director Garcia and its progress will be monitored by MRC staff and the Waterfront Advisory Board.
The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of every month public meeting will be January 12, 2011, 2 PM. 

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

The Stormwater subcommittee’s December public meeting minutes have been distributed.  Our next regularly scheduled first Wednesday of the month public meeting is this Wednesday, January 5, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

On November 18, 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.  

Ms. Jude noted the SSC remains committed to identifying the legal ownership/maintenance responsibility of all tributaries and canals of the Miami River. Ms. Lucy Perez, SFWMD, reported the SFWMD team is currently researching the South and North Forks and would report its findings to the SSC hopefully by next month.

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 reported the MRC continues to support the City’s efforts to secure the remaining estimated $18.65 million needed to conduct the required Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project, which will improve the natural environment and local economy.  Mr. Aguirre stated he and or Director Bibeau met with the offices of the City Commissioners, City’s Capital Improvement Director Bravo, Intergovernmental Affairs Director Menendez and the City’s contracted State lobbyist for water related projects, Jose Fuentes.

Mr. Carmichael asked who is responsible to sponsor this project, and Mr. Aguirre replied the City of Miami, as they are the permit applicant and primary owners of Wagner Creek/Seybold Canal.  MRC Chairman Buermann asked if this is a priority project for the City, and Mr. Aguirre replied not at first, but they had recently “come around” and are now quite supportive. Mr. Aguirre noted he would continue to monitor this project.

Mr. Bibeau distributed and reviewed the following documents: 1) “Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup Project-December 17” summary and 2) Seybold/Wagner Maintenance Dredging and Environmental Cleanup Project DRAFT Funding Plan-December 17, 2010.” Mr. Bibeau noted these documents have been distributed to Mayor Regalado, the City Manager, City Departments of Capital Improvements and Intergovernmental Affairs.  Mr. Bibeau 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.  MRC Chairman Buermann noted the MRC should continue making a push to obtain a federal cost share and suggested reaching out to Congresswoman Ileana Ros-Lehtinen and Representative David Rivera. MRC Chairman Buermann stated he would personally reach out to FDEP to request assistance in including $8 million in the Budget proposal to be submitted to the Legislature for consideration, which is the estimated cost to dredge the State owned submerged land in Seybold Canal.

Mr. Aguirre stated a second recent strong article about the long awaited and widely supported Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project had been distributed, and are soon expecting a third article in the Miami Herald.

Mr. Aguirre thanked MRC staff for cataloguing the folio numbers for the over 100 properties along Wagner Creek and Seybold Canal, which were provided to Mayor Regalado.  Mr. Aguirre stated these over 100 properties may suffer a significant loss of real estate value and therefore tax revenue if the adjacent waterfront is not cleaned up.  Mr. Aguirre stated once the waterway is clean, the City and State would recoup their investment in the project.  Mr. Aguirre cautioned the current condition of Seybold Canal and Wagner Creek, which contain dioxin in the City and State owned submerged lands, is a liability. 

C.Urban Infill Working Group (UIWG) – UIWG Chairman Jim Murley noted the December public meeting minutes have been distributed, in which the UIWG heard a preliminary presentation of the MR-MICCI (Miami River-Miami Intermodal Center Capacity Improvement) Project.  The project will consider various options including a new dual track Rail-Road Bridge over the Miami River, adjacent to the new Metro-Rail Bridge under construction into the Miami Intermodal Center and Airport.  UIWG Chairman Murley stated MRC staff will email the presented PowerPoint and schedule it at a future MRC meeting, but it is to preliminary at this time.   

UIWG Chairman Murley stated the County’s EAR, which the MRC is recommending approval, is now scheduled to be considered by the Board of County Commissioners early this year.

UIWG Chairman Murley noted the UIWG’s January public meeting agenda includes Waterborne Transportation Plans (to and from Baseball Stadium), an update regarding the County’s Palmer Lake Plan, and implementing two more of the Miami River Multi-Modal Transportation Plan’s recommendations which will facilitate vehicular traffic at Miami River Bridges.  UIWG Chairman Murley noted the UIWG will be primarily focused on transportation initiatives in 2011.  UIWG Chairman Murley stated Miami-Dade County Planning staff is expected to present the 1st draft Palmer Lake Plan this month.

III. New Business – Mr. Aguirre reported a resident of Durham Park had written numerous letters to city officials suggesting a vessel had illegally dumped pollutants into the Miami River. Mr. Aguirre noted he had followed up on this complaint with US Coast Guard Lt. Paul Steiner, whom had assured him that USCG is vigilant in enforcing the laws prohibiting such illegal dumping and explained there is actually a way of testing the water and the vessel for potential matches.  MRC Chairman Buermann recommended following up with the US Coast Guard to demonstrate that the MRC is taking this matter seriously.  Commissioner Bruno Barreiro asked if there was any way MRC staff can forward important contact numbers, such as the USCG, to Miami-Dade County’s 3-1-1, so that they are able to better assist and direct callers. Commissioner Barreiro noted the I-Phone has a new application where individuals can take pictures of incidents and forward them directly to 3-1-1 free of charge.

Mr. Ed Hernandez, SFWMD, introduced the SFWMD’s new Intergovernmental Affairs Director Armando Vilaboy, who formerly worked in the Office of the Honorable Governor Charlie.  Mr. Hernandez noted Mr. Vilaboy is a great asset to the community, and the MRC welcomed him.

The meeting adjourned.

I. Chair Report –MRC Chairman Buermann stated he would like to entertain a motion on the MRC’s distributed draft January 3, 2011 public meeting minutes. Mr. Horacio Stuart Aguirre made a motion to approve the MRC’s January 3, 2011 meeting minutes. The motion was seconded by Mr. Jay Carmichael and was unanimously adopted.

On behalf of the Miami River Commission, Chairman Eric Buermann presented the following plaques of appreciation:

• Honorable Representative Garcia: Whom served as a volunteer MRC board member for the past several years, and continues to strongly support the Miami River in the Florida Legislature

• Honorable Governor Crist: Whom was unable to attend today. Chairman Buermann noted he would be happy to accept the plaque on his behalf and forward it to him.  Governor Crist served as a volunteer MRC board member for the past 4 years, and was instrumental in securing the State’s $27.6 million cost share which was critical in the successful completion of the Miami River Maintenance Dredging and Environmental Cleanup project.

• Honorable Representative Zapata: Whom was unable to attend today. Representative Zapata served as a volunteer MRC board member for the past several years, and supported Miami River improvement initiatives in the Florida Legislature. 

• Dr. Fran Bohnsack: Whom has resigned as Executive Director of the Miami River Marine Group, and has taken a job with the federal Maritime Administration. Dr. Bohnsack was integral to the preservation of job generating marine industrial businesses along the mixed-use, working river.

The Honorees thanked Chairman Buermann for their plaques and the ongoing great work of the Miami River Commission.

MRC Chairman Buermann welcomed the Honorable Mayor Tomas Regalado, and noted the MRC had presented him with a plaque of appreciation for the City’s sponsorship of volunteer Miami River Greenway beautification events.  MRC Chairman Buermann stated the Honorable City of Miami Commissioner Frank Carollo was unavailable to attend today’s meeting, but the MRC has a plaque to present to him at a future meeting.  In addition, MRC Chairman Buermann thanked the Honorable Mayor Regalado and the Honorable Commissioner Carollo for their strong support of the City’s Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.  

Mr. Horacio Stuart Aguirre announced he had one more plaque to present today. At the request of Vice Chairman Phil Everingham and with the concurrence of Mayor Tomas Regalado, Mr. Aguirre presented a plaque to MRC Chairman Buermann on behalf of the board of the Miami River Commission as a symbol of the MRC’s appreciation for all that he has done for the river community.

Mr. Aguirre thanked MRC Chairman Buermann, whom served as Chairman since 2007, especially so during those very difficult years when were seeking the funding to dredge the river while striving to keep the river as a working river while others were endeavoring to make it a condominium canyon.  Mr. Aguirre noted MRC Chairman Buermann’s service was outstanding.

Mr. Aguirre stated he considered Mr. Buermann to be the “most powerful” Chair the MRC has ever had, as he was the “key ingredient” in bringing together the six cost sharing partners needed to successfully complete the river dredging operation and did so with his extensive knowledge of finance, accounting and most importantly, psychology.  And at all times he was fair, even-handed and elegant in all things.
MRC Chairman Buermann thanked the MRC and noted it has been a tremendous honor and privilege serving as Chair. MRC Chairman Buermann noted the MRC’s accomplishments have been the direct result of a unified team effort, and thanked MRC staff for all their hard work and dedication. MRC Chairman Buermann especially thanked MRC Managing Director Brett Bibeau, whom he noted was unable to attend today due to illness. MRC Chairman Buermann noted he was going to miss working with such wonderful staff and board members, and hoped the Miami River will continue to flourish.

MRC Chairman Buermann noted that before proceeding to Agenda Item II, “Election of New Miami River Commission Chair,” he would like to ask Mr. Jay Carmichael for an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

Mr. Carmichael stated he has scheduled a Miami River inspection tour to update the Miami River Voluntary Improvement Program, or “VIP” list.

As you may recall, one of the VIP items is replacing the Miami-Dade dock collapsing into the River, and painting over the graffiti on the County’s vacant GSA building located at 1124 South River Drive.  On January 4, Miami-Dade GSA Director Norris emailed the MRC stating, “DERM has identified funding for the demolition/clean-up.  We will be drafting a request for quotations and will keep you apprised of the schedule as it becomes available.  Thanks!”  Regrettably later that day GSA Director Norris retracted that email, as the County is yet to identify the funds or provide an estimate to address this ongoing issue.

Meanwhile, a private riverfront parcel is continuing construction of a seawall replacement on the south shore just east of South Miami Ave Bridge, therefore this site’s former collapsing seawall has been removed from the Miami River VIP list.

Mr. Carmichael added Mr. Tim Riera Gomez, MRC, had agreed to follow up with Ms. Norris, but he has yet to hear back from neither Mr. Gomez nor Ms. Norris.

II. Election of New Miami River Commission Chair - MRC Chairman Buermann stated that, as most are already aware, his current seat on the MRC is via chairing the South Water Management District (SFWMD), where his term as Governor Crist’s appointment will expire on February 23. MRC Chairman Buermann noted he desired a smooth, planned transition in anticipation of the new Governor’s appointment, and therefore today’s MRC agenda includes the MRC deciding on a new Chair.

MRC Chairman Buermann deferred to Ms. Chase to provide election details. Ms. Chase explained that similar to the MRC’s two previous Chair changes, any MRC member may nominate a board member to become the MRC’s new Chair.  If only one person is nominated, no election by the MRC members will be required and the decision will be unanimous.  If more than one person is nominated, Ms. Chase noted she would distribute pieces of paper for voting MRC members to write the name of the nominated person they desire to become the new MRC Chair.  Those ballots will then be tallied and the results announced. MRC Chairman Buermann stated the floor is now open for nominations.

Vice Chair Philip Everingham moved to nominate Mr. Horacio Stuart Aguirre. Ms. Sallye Jude announced she would like to nominate Mr. Jay Carmichael as Vice Chair. MRC Chairman Buermann kindly reminded Ms. Jude that today’s agenda item calls for the MRC voting on a new Chair, and at this time, he would like to continue the election process.

The Honorable Mayor Tomas Regalado seconded the nomination of Mr. Horacio Stuart Aguirre for Chair. Mayor Regalado stated he strongly supports the nomination of Mr. Aguirre as he has been very engaged along the Miami River, especially during the river’s “hard times” when development came first and the Miami River’s marine industries were a distant second. Mayor Regalado noted Mr. Aguirre-along with Dr. Fran Bohnsack-devoted countless hours to ensuring the protection of the Miami River until it was finally able to prevail. Mayor Regalado reiterated it was important to recognize Mr. Aguirre’s hard work and efforts, and that is why is supportive of his nomination today. Dr. Ernie Martin stated Mr. Aguirre, a longtime riverfront resident of Durham Park, commands respect for his contributions and knowledge of the Miami River.

MRC Chairman Buermann asked if there were any other nominations. Hearing none, the MRC unanimously approved Mr. Horacio Stuart Aguirre as the new Chair of the Miami River Commission (10-0). The MRC congratulated Mr. Aguirre.

Mr. Aguirre noted his first executive order as the MRC’s new Chair is to have former Chair Eric Buermann continue to lead today’s meeting. Mr. Buermann kindly accepted and noted he felt confident that Mr. Aguirre will do a fabulous job as the MRC’s new Chair.

Ms. Patty Harris and Ms. Sallye Jude asked Mr. Buermann if he could open the floor for Vice Chair nominations, and Mr. Buermann replied he would defer to the will of the MRC. Ms. Jude made a motion to nominate a new Vice Chair of the MRC, and the motion was seconded by Mayor Regalado.  Mr. Buermann opened the floor for Vice Chair nominations. Ms. Jude moved to nominate Mr. Jay Carmichael, and the motion was seconded by Ms. Harris. Mr. Buermann asked if there were any other nominations for Vice Chair. Hearing none, the MRC unanimously approved Mr. Jay Carmichael as the new Vice Chair of the Miami River Commission (10-0). The MRC congratulated Mr. Carmichael.

Mr. Aguirre thanked former Vice Chair Philip Everingham for his tremendous efforts and support for the Miami River, and noted he was a great source of wisdom.  Ms. Chase stated she believed Mr. Everingham would maintain his current position as MRFI President since the MRFI and MRC are two separate entities. Ms. Chase further explained the MRFI is the financial/fundraising arm of the MRC, but would verify this information before the next MRC meeting.

III. MRC Subcommittee Reports-

A. Greenways Subcommittee – MRC Greenways subcommittee (GSC) Chair Ernie Martin stated the Greenways subcommittee’s January 12 public meeting minutes have been distributed.

In addition, GSC Chair Martin noted MRC staff has distributed the updated summary of the action items the City needs to continue taking 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 this year, actually starting this month.  2 grants, worth $3.6 million, are estimated to commence construction in 2012, and 1 grant, worth $1 million is estimated to commence construction in 2014.

GSC Chair Martin thanked the City of Miami for taking the extra $1 million from other Greenway sections, where the awarded construction bid was beneath the originally estimated amount, and making it available to finish the 50% complete Riverwalk in Lummus Park.

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, Greenways Chairman Martin applauded the new Planning Director Francisco Garcia’s initiatives and commitment made to present the City’s plans to bring all sections of the publicly accessible riverwalk into compliance at the January 11 Waterfront Advisory Board’s meeting.

GSC Chair invited everyone to the Miami Circle public riverwalk’s ribbon cutting ceremony, February 23, at 11:30. On behalf of the MRC, GSC Chair Martin thanked the following 5 cost share partners: 1) Florida Legislature; 2) Florida Inland Navigation District (FIND); 3) South Florida Water Management District (SFWMD); 4) City of Miami and 5) Downtown Development Authority (DDA).    

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of every month public meeting will be here, February 9, 2011, at 2 PM. 

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

The Stormwater subcommittee’s January 5 public meeting minutes have been distributed.  The SSC’s February meeting was held last Wednesday. The next regularly scheduled first Wednesday of the month public meeting is on March 2, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

In January, the SSC’s environmental agencies presented the Action Items identified in the November walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  Now FDEP is 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 stated MRC staff has distributed the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project’s updated draft 3-year funding plan, and project summary.  SSC Chair Jude noted the MRC continues to support the City’s excellent efforts to secure the remaining estimated $18.65 million needed to conduct the required project which will improve the natural environment and local economy. 

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 respectfully deferred to Mayor Regalado.  Mayor Regalado reported he had recently met with Assistant City Manager Johnny Martinez, CIP Director Alice Bravo, lobbyist Jose Fuentes and a few other City of Miami representatives to discuss the project. Mayor Regalado stated a plan of action is currently in place and the City of Miami is doing its due diligence with a lobbying team in Washington, DC and Tallahassee to advocate for the project. Mayor Regalado added CIP Director Alice Bravo remains engaged and welcomed her to provide additional details.

Ms. Bravo explained the project is essentially being conducted in phases.
Phase 1: secure permits-DERM Class 1 permit and Florida Department of Environmental Protection (FDEP) permit have been executed. Still awaiting Army Corps of Engineers (ACOE) permit
Phase II: secure funding-City of Miami has appropriated $1.3 million which will be used as seed money and serve as a match in pursuing funding opportunities. Funding opportunities include:

• FIND: FIND Commissioner Spencer Crowley is supportive of the City’s $1 million grant application

• SFWMD: City is seeking return of previously awarded $1 million grant

• Environmental Protection Agency (EPA): City pursuing Section 319 Clean Water Action Non-point Source funding; grant application to be submitted in May 2011 and requires a 40% non-federal match; if awarded, funds must be utilized within four years

• Miami-Dade County: City to discuss with county their level of participation

Phase III: Lobbying and Additional Items-City of Miami to continue lobbying efforts in Tallahassee and Washington, DC; City to explore any “liabilities,” or parties whom may have contributed to the pollution of Wagner Creek and Seybold Canal.

Mr. Buermann opened the floor for questions.

Mr. Carmichael asked why an ACOE permit is needed, unless Wagner Creek and Seybold Canal are federal navigable waterways, and Ms. Bravo replied the water body is composed of state-owned submerged lands, and therefore an ACOE permit is required. Mr. Carmichael asked if the City would need Water Resources Development Act approval/designation (similar to the Miami River Maintenance Dredging and Environmental Cleanup Project), and Ms. Bravo explained the City had pursued earmarks in the past, and therefore would not require that sort of designation. Mayor Regalado noted he had recently spoken to Senators Bill Nelson and George LeMieux about the project and they had indicated that no earmarks are planned. Therefore, noted Mayor Regalado, the City’s strategy is to approach agencies to seek potential designation of the project.

Mr. Carmichael asked if “Superfunds” were being explored as an option, and Ms. Bravo replied no, as there is little funding associated with them and they require that the City identify the guilty party or parties to seek legal action. Ms. Bravo noted the City does not wish to embark on these potential negative ramifications. Mayor Regalado reaffirmed that due to these reasons, the City will not be exploring “superfunds.”

Mr. Rick Eyerdam, Miami River Marine Group, asked if there would be a remediation process for the project, and Mayor Regalado replied this would require forensic investigation, which would be quite costly (in attempting to identify the source(s) of pollution).

Ms. Jude asked if the project has a timeline, and Ms. Bravo replied the City is exploring the option of breaking the project into sections (the issue with this strategy is potential re-contamination). Ms. Bravo added the City is also currently looking into different funding options to determine when and how to move forward. Mr. Buermann asked if the project is in the Governor’s budget, and Mayor Regalado replied he was not sure but the City of Miami has been given “marching orders” to move forward with this project.

Mr. Aguirre reaffirmed the City Commission and an administration considers this project to be a high priority and is fully committed to following these “marching orders.” In addition, Mr. Aguirre noted Mr. Bibeau had recently met with Commissioner Carollo whom has also expressed strong support for the project.  The MRC thanked Mayor Regalado and Ms. Bravo for their report.

C. Urban Infill Working Group (UIWG) – UIWG Chairman Jim Murley stated the Urban Infill Subcommittee’s January 14 public meeting minutes have been distributed.

UIWG Chair Murley stated the next public meeting is here, February 15, at 10 am.  The agenda includes presentation of a substantially amended plans for the former “Big Fish” site, eliminating the hotel and only proposing a new riverfront restaurant, Miami-Dade Transit regarding the construction of the new Metro-Rail Bridge over the Upper Miami River into the Miami Intermodal Center, the Miami-Dade Green Print Plan, and an update regarding the County’s Palmer Lake Plan.  UIWG Chair Murley anticipates the Big Fish and Miami-Dade Transit items to be on the MRC’s March 7, public meeting agenda.

III. New Business – Mr. Aguirre stated he reported at the December MRC meeting that the Honorable Commissioner Wifredo “Willy” Gort had voiced his concerns regarding bridge openings impacting morning commuters and creating traffic buildup. Mr. Aguirre noted Mayor Regalado has graciously offered use of his conference room as a venue for all affected parties (U.S. Coast Guard, maritime businesses, etc.) to discuss the matter in more detail and develop an accord between boaters and motorists.

Ms. Harris asked if any research had been conducted to determine how other ports across the world deal with this issue, and Mr. Aguirre replied not at the moment.  Mr. Eyerdam explained that bridges typically have to open when vessels are under tow, and reasoned that tug boat captains do everything possible to move rapidly. In addition, Mr. Eyerdam noted vessels generally have the right of way. Mr. Eyerdam noted the MRMG’s Security Committee has developed an idea for a bridge opening alert system.  Mr. Eyerdam explained tug boats, via a transponder installed in their vessel, can generate an alert to bridges when they are underway. Mr. Eyerdam added that perhaps an IPhone application can be sold to taxi drivers, hotel concierges, law enforcement officials, etc. to alert them that boats are approaching and to seek alternate routes. Mr. Eyerdam noted a website could also be developed to promote this effort, and noted he would be happy to report on the progress of this idea next month.

The meeting adjourned.

I. Chair Report – MRC Chairman Aguirre stated he would like to entertain a motion on the MRC’s distributed draft February 7, 2011 public meeting minutes. Mr. Gary Winston made a motion to approve the MRC’s February 7, 2011 meeting minutes. The motion was seconded by Ms. Sallye Jude and was unanimously adopted.

Mr. Aguirre thanked the MRC for the honor of being elected their Chairman and noted he felt confident the MRC can continue working together-with assistance from MRC staff-to accomplish its goals. MRC Chairman Aguirre thanked former Vice Chair Phil Everingham for his tremendous service and dedication in contributing his vast knowledge of marine industries along the Miami River. MRC Chairman Aguirre thanked Mr. Everingham for his continued role as President of the Miami River Fund, Inc.

MRC Chairman Aguirre congratulated Mr. Jay Carmichael on his newly elected role as Vice Chairman of the Miami River Commission. MRC Chairman Aguirre noted Mr. Carmichael’s legal experience in the U.S. Coast Guard and additional assets will greatly enhance the leadership of the MRC.

MRC Chairman Aguirre noted the rotating PowerPoint with pictures from the Miami River Commission’s Saturday, February 26 and Saturday March 5 volunteer cleanups, in partnership with Hands on Miami and UM, along the Miami River, including replanting of the free vegetable and fruit garden along the public riverwalk. MRC Chairman Aguirre asked for the typical age range of participants, and Ms. Ashley Chase, MRC Assistant Managing Director, replied generally 18-25, with parents often times participating. MRC Chairman Aguirre thanked Brett and Ashley for their continued time and assistance during these monthly Saturday volunteer beautification events and for all they do along the Miami River and within the local community.

MRC Chairman Aguirre stated the MRC had presented the Honorable Mayor Regalado with a plaque of appreciation for the City’s sponsorship of volunteer Miami River Greenway beautification events at a previous public meeting. Regrettably, the Honorable City of Miami Commissioner Frank Carollo was unavailable to attend today’s meeting, and therefore noted he would defer the presentation of his plaque of appreciation to the next MRC public meeting. In addition, MRC Chairman Aguirre noted he would like to publicly thank Honorable Commissioner Carollo and Honorable Mayor Regalado for their strong support of the City’s Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.  

MRC Chairman Aguirre stated that before all MRC members and designees today is the State of Florida’s 2010 Financial Disclosure Form 1, which the Florida Commission on Ethics is requiring all MRC members and designees to complete and submit before July 1, 2011.  MRC Chairman Aguirre noted MRC staff had previously emailed this Financial Disclosure form to all MRC members and designees last month. MRC Chairman Aguirre asked all board members and designees to please note MRC staff had exchanged emails with the Florida Commission on Ethics, Miami-Dade County Commission on Ethics and the Miami-Dade County Supervisor of Elections, all of whom had concurred this year that only the State of Florida’s 2010 Financial Disclosure Form 1 needs to be submitted. Mr. Brett Bibeau, MRC Managing Director, kindly asked that all MRC board members and designees submit their forms to the following two locations, as indicated by Ms. Chase:

• State of Florida Commission on Ethics, P.O. Drawer 15709, Tallassee, FL 32317-5709

• Miami-Dade County Supervisor of Elections, 2700 NW 87th Avenue, Miami, FL 33172

MRC Chairman Aguirre noted he had reviewed the video of the January City of Miami Waterfront Advisory Board meeting regarding the public Miami River Greenway.  MRC Chairman Aguirre noted Managing Director Bibeau and Ashley Chase, as Vice Chair of the Waterfront Advisory Board (WAB), did an excellent job of presenting the issues along the Riverwalk.  MRC Chairman Aguirre stated the meeting was of extraordinary significance, and he therefore directed MRC staff to provide the MRC board members and designee’s the distributed DVD’s of this public meeting, which has aired on City TV, CH 77, several times.

Mr. Everingham asked where the City of Miami stands on the riverwalk issue, and Mr. Bibeau noted the City of Miami had pledged to develop an “action plan” to bring into compliance public riverwalks which were constructed inconsistent with City approvals.  The City told their Waterfront Advisory Board that they planned to present their “Action Plan” at the next public and televised WAB meetings - but have yet to provide the “action plan.”  Mr. Everingham asked if there was anything the MRC could do to move this process along, and MRC Chairman Aguirre noted the MRC is currently “pushing as hard as it can.” MRC Chairman Aguirre welcomed Mr. Robert Weinreb, City of Miami, and asked if he had anything to report on this item. Mr. Weinreb stated he and members of the Planning Department had conducted a tour along the Miami River and had pinpointed areas where private riverwalks had not been constructed according to the project’s proposed and approved plans. Mr. Weinreb indicated that since then, there have been issues with funding that have halted the remediation of these privately owned riverwalks. On a more positive note, Mr. Weinreb reported the City has agreed not to issue future TCOs (Temporary Certificate of Occupancy) along the Miami River until this ongoing riverwalk concern has been resolved.

Mr. Bibeau noted he has emailed City Manager Johnny Martinez a couple times a few weeks ago to respectfully ask if the City has issued a TCO to River Oaks Marina and Condominium which currently does not have a constructed riverwalk or new seawall per the City’s approved plans, but has yet to receive a reply.  Mr. Weinreb explained there are several City departments involved in riverwalk and seawall construction, such as Public Works, Building, Planning and Code Enforcement, which he noted can prove difficult to coordinate at times. Mr. Weinreb stated he would try to bring up River Oaks Marina and Condominium to the City Manager during his meeting with him today, and MRC Chairman Aguirre thanked him for his kind offer.

Ms. Patty Harris expressed her concern regarding the greenway located in between the Hotel Intercontinental and the EPIC.  Ms. Harris noted that Tai-Chi classes are conducted in the grassy, fenced-off area adjacent to the EPIC, which is not entirely publicly accessible.  Ms. Harris also noted a mega-yacht has been docked at the EPIC for numerous months, potentially effecting vessel traffic along the Miami River and negatively impacting public access along the Riverwalk. Mr. Bibeau noted the greenway at the EPIC is one of nine issues that had been identified in the MRC–created document addressing riverwalks constructed by the private sector which are not in consistent with City of Miami approvals and will be included in the City’s “action plan.” In addition, Mr. Bibeau noted the U.S. Coast Guard is currently in discussions with the EPIC Marina’s owners and commercial vessel operators, such as Captain Beau Payne of P & L Towing & Transportation, to address the navigational issues.
  
MRC Chairman Buermann asked board members and designees to please note the MRC’s May 2, 2011 public meeting will include a FDEP presentation, made from Tallahassee using the internet and speaker phone, regarding Seybold Canal and Wagner Creek, and the MRC would therefore need to meet at the United Way, 3250 SW 3 Ave. Mr. Winston asked about the nature of the presentation, and Mr. Bibeau replied FDEP will be providing an update of the action items identified following the November 18 “Walk the WBIDs” event, which is aimed at identifying the potential source(s) of pollution along Wagner Creek and Seybold Canal. 

Update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

Mr. Carmichael stated he had participated in another Miami River Voluntary Improvement Program (“VIP”) inspection boat tour to update the list on Friday, March 4.  Mr. Carmichael added they joined a previously scheduled Environmental Educational Miami River Boat Tour, and was impressed with the excellent informational curriculum and opportunity for public school students to take a free educational boat ride which they may not otherwise be able to experience.

Mr Carmichael stated one of the Miami River “VIP” items is replacing the Miami-Dade dock collapsing into the River, and painting over the graffiti on the County’s vacant GSA building located at 1124 South River Drive.  On March 1, Miami-Dade GSA Director Norris emailed, “The dock has been removed and we are boarding up the building in preparation for painting!”  Mr Carmichael stated he would like to thank Miami-Dade County, and MRC members Commissioner Barreiro and Tim-Gomez Riera, designee for Mayor Alvarez for their support which has led to these positive first steps towards addressing this Miami River VIP item.

Mr Carmichael stated GSA Director Norris indicated they do not have sufficient funding at this time to replace this valuable dock infrastructure, which could serve multiple positive purposes.  For example, per the Homeland Security laws, the Miami-Dade Marine Patrol spends 40 hours per week patrolling the Port of Miami River, yet they don’t have a station or dock facility on the River.  Therefore the County may provide this County owned riverfront to the County’s Marine Patrol.  Another option would be for the County to lease and or sell this site to the private sector, and part of the lease payment would be the County would require the lease holder to design and replace the dock at their cost.  This valuable central riverfront site, just east of 12 Ave, is located only a couple blocks from the Health District, Ballpark, etc.  Therefore, Mr Carmichael  respectfully recommended this County owned vacant riverfront parcel remain on the Miami River VIP list, until the dock is replaced and the site is reactivated with a positive public or private sector use.  The MRC concurred.

MRC Chairman Aguirre directed the MRC board members and designees’ attention to the Miami Riverday festival fliers which have been distributed. MRC Chairman Aguirre noted Riverday will be held on Saturday, April 2, 11 am to 4pm at the Historic Lummus Park District, 250 NW North River Drive, and encouraged everyone to attend and show their support.  MRC Chairman Aguirre noted he had asked Mayor Regalado for authorization to invite the City of Miami Fire Boat for display and stated he would touch base with the Honorable Congresswoman Ileana Ros-Lehtinen to invite her to serve as the Riverday “Master of Ceremonies.” Vice Chair Carmichael noted he would forward Ms. Chase the contact information for the U.S. Coast Guard vessel operators so that she may invite them to display their boat at Riverday.

MRC Chairman Aguirre noted staff has done a good job securing sponsors this year and was looking forward to the event, which he hoped would create more mass appeal. Vice Chair Carmichael asked for a Riverday funding update, and Ms. Chase reported the Miami-Dade County Department of Cultural Affairs Community Grants panel had met last Friday and would be recommending the amount of funding for Riverday later this week. Ms. Chase added the MRC would not be informed of any potential grant funding received for Riverday on behalf of the Tourist Development Council until after the festival. Mr. Carmichael asked if these grant funding opportunities would help offset the costs of Riverday, and MRFI President Everingham replied the MRFI had authorized up to $10,000 to support Riverday if needed. Mr. Bibeau added that for the first time in Miami-Dade County Department of Cultural Affairs grant history, not every organization is guaranteed funding. MRC Chairman Aguirre asked if there are more or less sponsors this year as compared to last year’s event, and Ms. Chase replied it is a pretty balanced number, as those who regrettably could not afford to renew their co-sponsorship this year were replaced by a handful of new sponsors.

MRC Chairman Aguirre asked if there were any additional expenses for Riverday, and Ms. Chase replied she is awaiting receipt of invoices form the following City of Miami Departments: Fire, Police, Parks, Solid Waste, etc. Ms. Chase stated she hoped to receive these invoices at the Wednesday, March 9 City of Miami Special Events meeting. Ms. Chase added a small street closure would be initiated again this year, and free parking will be provided. MRC Chairman Aguirre thanked staff for their update and recommended conducting a post-Riverday meeting to address future finances.

II. MRC Subcommittee Reports-
A.Greenways Subcommittee – GSC Chair Ernie Martin noted the Greenways subcommittee’s February 9 public meeting minutes have been distributed, and provided the following report:

GSC Chair Martin stated the public riverwalk at the Miami Circle Park is finally completed and open.  GSC Chair Martin and MRC Director Bibeau thanked the Miami Circle cost share partners, Florida Legislature, FIND, SFWMD, City, County and DDA.

MRC staff has distributed the updated summary of the action items the City needs to continue taking 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.  The Spring Garden Greenway just broke ground, and 2 more of the 6 grants, worth $3 million, are estimated to commence construction this year.  2 grants, worth $3.6 million, are estimated to commence construction in 2012, and 1 grant, worth $1 million is estimated to commence construction in 2014.

GSC Chair Martin reported there are several more County owned riverfront sites which still need Riverwalk construction engineering documents and funding to be fully constructed.  Therefore I would like to thank Miami-Dade County’s Public Works Department for working with MRC staff in preparing a $1 million TEP grant for the public riverwalk here at Robert King High, 1401-1407 NW 7 ST.  In addition, MRC staff provided MDC with a draft FIND grant application for $500,000 in matching Riverwalk construction funding.  I recommend the County submit the drafted FIND application prior to the March 31 deadline.

GSC Chair Martin noted the next volunteer Miami River Greenway beautification event is here at the Community vegetable and fruit garden on Saturday, March 19, 9-11.

GSC Chair Martin noted the Greenways subcommittee is commencing visiting all of the new riverfront Homeowners Associations.  This month we are on the agenda at the Brickell on the River Homeowners Association.    

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of every month public meeting will be here, this Wednesday, March 9, at 2 PM.

In addition, GSC Chair Martin reported that on March 15 the Greenways subcommittee will have a special public meeting, 1 PM, 444 SW 2 Ave.  The meeting will be attended by the City Planning Director Garcia, Building Director Toledo and Zoning Administrator Min.  We will discuss public Riverwalk riverfront building setback requirements in Zoning Code 11,000, Miami 21, Miami River Greenways Design Standards and Guidelines and then apply those general standards to current case studies such as Big Fish, Miami-Dade County’s 6 sets of 100% complete construction engineering documents, and the 9 private sector developments constructed inconsistent with their approved riverwalk plans. 

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

“The Stormwater subcommittee’s March 2 public meeting minutes have been distributed.  Our March meeting was held last Wednesday. The next regularly scheduled first Wednesday of the month public meeting is on April 6, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

In February, the SSC’s environmental agencies reviewed FDEP”S presented Action Items identified in the November walking search for contamination sources along the shorelines of Wagner Creek and the Seybold Canal.  FDEP’s action items are designed to eliminate the sources of contamination into 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. MRC Chairman Aguirre deferred to Mr. Bibeau.

Mr. Bibeau reported that since the MRC’s last meeting, FDEP fully executed and issued their permits to the City of Miami for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.  Since DERM already issued their permits, the only remaining permit is from the Army of corps Engineers whom have already received required input from US Fish and Wildlife, therefore the permit is estimated to be executed this month.

On behalf of the MRC, Mr. Bibeau thanked the Honorable Mayor Regalado, for sending the  2  distributed letters seeking a $7 million State and $1 million County Cost Share for the Seybold Canal / Wagner Creek Maintenance dredging and Environmental Cleanup project.

Mr. Bibeau reported the City of Miami’s Intergovernmental Affairs Director Menendez and consultant Jose Fuentes participated in the MRC Stormwater subcommittee’s March 2 public meeting.  During the meeting they stated a City of Miami Representative will travel with him to DC and Tallahassee within 2-3 weeks to advocate in support of the City’s State and Federal Legislative Packages, which include cost share funding requests for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.

Mr. Bibeau commended the City for trying to secure other cost share partners, but warned everyone to recognize how difficult this will be and need to be sensitive to the reality of the State, County and SFWMD’s massive budget deficits.

Mr. Bibeau noted MRC Chair Aguirre had directed MRC staff to include the City’s Audit when emailing today’s agenda a week ago.  In addition, Chair Aguirre directed staff to distribute the few pages of the Audit, which are before you now.  The audit covers previous years under the previous City Administration, previous City Mayor and previous City Commission.  Mr. Bibeau noted it is the intention for the City of Miami to recapture these Stormwater Utility Fees for appropriate and needed use as an increased City cost share for the City’s estimated $20 million Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project, of which the City’s current cost share is only $1.35 million. Mr. Bibeau added that in February and March, the project was featured in 2 more Miami Today articles, which have been provided in the distributed press package.

Vice Chair Jay Carmichael moved a resolution to strongly encourage Mayor Regalado and the Miami City Commission to recapture the $6.8 million in Stormwater Utility Fees for appropriate use as part of the funding for the City’s Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup project.  The resolution was seconded by Mr. Everingham and was unanimously adopted by the MRC.

C.Urban Infill Working Group (UIWG) – UIWG Chairman Jim Murley stated the Urban Infill Subcommittee’s February public meeting minutes have been distributed. UIWG Chairman Murley noted he had asked staff to continue working with Miami-Dade Transit and Big Fish to prepare a more complete and improved plans, prior to coming before the full MRC.

UIWG Chairman Murley noted the next UIWG public meeting is at this address but in the Classroom, March 15, at 10 am.  The agenda includes an update regarding the County’s Palmer Lake Plan, and the County’s efforts to provide Multi-Modal Transportation modes along the Miami River in preparation for the Ballpark opening next year.  As requested by City Commission Chairman Gort, UIWG Chairman Murley stated the UIWG will be following up on several action items needed to alleviate temporary vehicular backup created when Miami River drawbridges open, in partnership with the Miami River Marine Group.  In addition, the UIWG will be assisting the City in responding to the DCA’s request for the City to evaluate progress in implementing the new Settlement Agreement and Comp Plan regarding the Port of Miami River, to be included in the City’s 2012 EAR.

Ms. Marlene Avalo, Office of County Commissioner Bruno Barreiro, reported Commissioner Barreiro had recently met with US Congressman John Mica whom serves on the Congressional Transportation Committee and had expressed an interest in waterborne transportation on the Miami River and had offered his assistance in obtaining a federal cost share.

MRC Chairman Aguirre thanked Vice Chair Carmichael, Mr. Richard Dubin and MRC staff for attending the recent meeting with Mayor Regalado and Commissioner Gort in regards to bridge openings. MRC Chairman Aguirre noted Commissioner Gort had asked the MRC and the Miami River Marine Group to follow up on implementing ideas to make temporary Miami River Bridge openings “friendlier” to vehicular traffic.  Vice Chair Carmichael asked if this task was within the purview of the UIWG’s mission and UIWG Chairman Murley replied yes and agreed to include it as a recurring agenda item in upcoming UIWG meetings.

Mr. Rick Eyerdam, Miami River Marine Group, asked MRC Chairman Aguirre if it would be ok for him to write a little caution/warning in regards to illegal “tail gating” of vessels to be submitted to a network of marine-related bloggers, weekly and monthly publications, etc., and MRC Chairman Aguirre replied that decision would be up to the discretion of the MRMG. Mr. Javier Betancourt kindly requested that the Downtown Development Authority continue to be included in all future meeting invitations regarding Miami River drawbridge operations.  

The meeting adjourned.

I. Chair Report – MRC Chairman Horacio Aguirre kindly asked Vice Chair Jay Carmichael to conduct today’s Miami River Commission meeting, and Vice Chair Carmichael accepted.

MRC Vice Chair Carmichael stated the MRC was one short of quorum and therefore deferred entertaining a motion to approve the MRC’s March 7, 2011 meeting minutes to the May 2, 2011 MRC meeting.

Vice Chair Carmichael thanked all of the generous sponsors of the successful 15th Annual free Miami Riverday Festival, which was held last Saturday. Vice Chair Carmichael noted the family-oriented festival, celebrating the vibrant Miami River, featured free Miami River boat tours, environmental education, live music, historic re-enactors, children activities, live music, and much more.

Vice Chair Carmichael asked MRC board members and designees to please note the rotating powerpoint with pictures from the Miami River Commission’s Saturday, March 18 volunteer cleanup event- in partnership with Hands on Miami-which took place at Robert King High and included the replanting of fruits and vegetables in the free Miami River garden and litter removal along the public riverwalk.

Vice Chair Carmichael asked MRC board members and designees to please note the MRC’s May 2, 2011 public meeting will include a FDEP presentation, made from Tallahassee using the internet and speaker phone regarding Seybold Canal and Wagner Creek, and the MRC would therefore need to meet at the United Way, 3250 SW 3 Avenue at noon.

Vice Chair Carmichael provided the following update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

“I would like to thank the City of Miami, for taking significant steps in March towards cleaning up the City owned riverfront at 454-460 North River Drive.  Before removing this site from the Miami River VIP, I respectfully recommend the City remove all remains of their old broken chain link fence and asphalt, in order for MRC volunteers and funding to plant a tree and a few flowering bushes on this small riverfront public right of way, directly adjacent to the public riverwalk.

I would like to thank  Miami-Dade County regarding for picking up significant litter along County owned riverfront and publicly accessible right-of-way located at 1280 NW 11 ST, which is covered in litter and invasive species.  I would like to again thank the City of Miami, which agreed to apply for a federal $1 million grant for needed shoreline restoration and the public riverwalk in this area.

MRC Chairman Aguirre welcomed Miami City Commission Vice Chairman and MRC board member Frank Carollo. MRC Chairman Aguirre and Vice Chair Carmichael presented the Honorable Commissioner Carollo with a plaque of appreciation for the City’s sponsorship of volunteer Miami River Greenway beautification events and thanked him for continuing to make the Miami River Greenway a destination landscape. In addition, the MRC presented Commissioner Carollo with a Miami Riverday plaque of appreciation and thanked him for his contributions to the MRC and strong support for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.  Commissioner Carollo thanked the MRC for this honor and noted he truly appreciated how everyone has joined together to take care of the City of Miami.

MRC Chairman Aguirre thanked MRC staff for producing what he considered the most successful Riverday to date. On behalf of the MRC, Managing Director Brett Bibeau presented MRC Chairman Aguirre with a Riverday plaque of appreciation and noted he was instrumental in promoting participation at Riverday, including a front page article in Diario de las Americas the Sunday prior to the event, which ultimately led to a wonderful event.

Vice Chair Carmichael stated that per the suggestion of dear friends at the South Florida Water Management District (SFWMD), MRC staff has distributed a resolution proclaiming April as Water Conservation Month, yet could not entertain a motion to approve the resolution due to a lack of quorum. The MRC therefore agreed to have Chairman Aguirre draft a letter to the SFWMD in support of this resolution via a “sense of the house.”

II. Presentation of Miami-Dade County Draft Palmer Lake Charette Area Plan - The MRC welcomed Mr. Jess Linn and Mr. Eric Silva, Miami-Dade County Department of Planning and Zoning, whom distributed copies of the “Palmer Lake Charrette Area Plan Draft, March 2011” (previously emailed to MRC database) and discussed plan highlights and proposed recommendations via a PowerPoint presentation:

• Study Area

• Citizens’ Plans

• Vision Plan

• MIC Core Area

• Palmer Lake Area

• Flexible Use Area

• Marine Industrial Area

• Streets and Public Spaces

• Implementation

Mr. Linn noted pages 47-48 of the “Palmer Lake Charrette Area Plan Draft” contains a list of specific plan recommendations which the Steering Committee will be invited to prioritize/rank at future Palmer Lake Charrette Steering Committee meeting. These recommendations will then be forwarded to the Board of County Commissioners for approval.

Mr. Bibeau noted the plan’s study area is located within unincorporated Miami-Dade County, in the far “Upper River” section, and deferred to UIWG Chair Jim Murley to provide additional information. UIWG Chair Murley stated the UIWG has been monitoring this study and Brett Bibeau is the Vice Chair of the Steering Committee.  UIWG Chair Murley noted the draft study parallels the recommendations set forth in the American Institute of Architects’ “Miami River Catalyst Plan,” and seems to present a great opportunity for establishing local business and international connections.

UIWG Chair Murley suggested the Palmer Lake Steering Committee’s final plan be brought back to the UIWG-and subsequent public MRC meeting-after the Steering Committee has had a chance to prioritize/rank the plan’s proposed recommendations.

Mr. Bibeau distributed the following document:
Final plan adopted by the Palmer Lake Steering Committee should be submitted to the MRC for review by appropriate public subcommittee and subsequent final action at public MRC meeting.
Recommendation to approve the 1st draft Palmer Lake Plan, with the following revisions:

• Page 25, under “Bertram property” section, insert following new sentence, “Bertram Yachts generated 150 jobs on this site for decades, and a new recreational boatyard / boat manufacturer remains an option for the future of this area.”  Considering this waterfront site is one of the few parcels included in the Palmer Lake Plan’s “Marine Industrial Area”, and the County’s Adopted Comprehensive Plan includes the Bertram Yachts site in the Marine Industrial category, delete references to non-marine industrial uses, ie big box retail, etc.

• In the “Marine Industrial Area” section, pages 37-40, insert following new sentence and insert into page 48, “The 1941 Tamiami Canal Swing bridge needs to be replaced with a new bascule bridge.”

• In the “Marine Industrial Area” section, pages 37-40, insert following new sentence and insert into page 48, “Conduct the Tamiami Canal Maintenance Dredging and Environmental Cleanup project, from the salinity dam to the Miami River’s recently dredged federal navigable channel.”

• In the “Marine Industrial Area” section, pages 37-40, insert following new sentence and insert into page 48, “Implement multi-modal freight transportation, linking Port of Miami River, Railroad, Airport, and Port of Miami.”

• Page 37, under “NW South River Drive”, revise first sentence, “Designated as part of the Miami River Greenway, NW South River Drive and NW 25 ST from South River Drive to Douglas Ave, should be constructed to provide sidewalks, landscape, strips, curbs, gutters, bike lanes, and two through travel lanes.”

Page 38, revise caption, “Left, NW South River Drive and NW 25 ST from South River Drive to Douglas Ave, is transformed with the addition of parallel parking, curbs, consistently planted street trees, and bike lanes.”

Page 48, under “Marine Industrial Area” amend the 2nd line item , “Reconstruction of NW South River Drive, and NW 25 ST from South River Drive to Douglas Ave, providing bike lanes, on-street parking, sidewalks, and landscaping.”

• Page 37, 1st paragraph, last sentence currently states, “Other marine related uses not already permitted by existing zoning districts in the area should be allowed as well”, should be either clearly defined or deleted.

Page 48, under “Marine Industrial Area” the 1st line item currently states, “Permitting of marine-related uses not already allowed”, should be either clearly defined or deleted.

Page 48, under “Implementation” the 1st line item currently states, “Zoning Code Amendments implementing plan recommendations”, should be either clearly defined or deleted.

Insert the area’s applicable existing Zoning and Land Use Laws

Ms Jude suggested the following additional recommendation:

• Insert “Include electric car plug in stations on public sector owned sites within the study boundary.”

Mr Linn replied they would take it under consideration.
Mr. Bibeau stated the County’s next Palmer Lake Plan Steering Committee will be held on Tuesday, May 10, 3 pm, Orlando Urra Allapattah Neighborhood Center, 2257 NW North River Drive.

MRC Chairman Aguirre asked for clarification on a rumor he had heard that someone had suggested removing the proposed Marine Industrial Area completely from the draft plan. Mr. Bibeau clarified that one member of the Steering Committee had recommended that the proposed Marine Industrial Zone (relating to the waterfront properties on the river and Tamiami Canal) be eliminated and folded into the zone known as “flexible use,” essentially removing any regulation of zoning and land use. Mr. Bibeau noted he was pleased to see that today’s presented draft still included the designated “Marine Industrial Area,” and perhaps the aforementioned recommendation is no longer being considered by the county’s Planning Department.  Mr. Silva clarified there are currently no zoning recommendations in the draft report.

GSC Chair Martin noted funding for this plan will require a great deal of political will and noted the greatest cities around the world are built around transportation hubs. GSC Chair Martin therefore supported the creation of new public infrastructure to improve the Palmer Lake Area, via the creation of a new CRA, as outlined in the draft plan.

The MRC thanked Mr. Linn and Mr. Silva for their presentation and invited them to April 14 UIWG meeting and subsequent May 2 MRC public meeting to present the final Palmer Lake Charrette Area Plan.
  
III. MRC Subcommittee Reports-
A. Greenways Subcommittee – GSC Chair Ernie Martin noted the Greenways subcommittee’s March 9 and March 15 public meeting minutes have been distributed. GSC Chair Martin reported the Miami River Greenway remains under construction.

GSC Chair Martin thanked the City of Miami for its continued assistance and noted Assistant CIP Director Albert Sosa has been attending monthly Greenways meetings and remains in communication with MRC staff to report on the development progress of city-owned Miami River Greenway sections. Vice Chair Carmichael thanked Commissioner Carollo for supporting the Miami River Greenway.

GSC Chair Martin reported there are several more County-owned riverfront sites which still need Riverwalk engineering documents and funding to be constructed, and therefore thanked Miami-Dade County’s Public Works Department for working with MRC staff in preparing a $1 million federal grant application for the public riverwalk at Robert King High, 1401-1407 NW 7 ST.  In addition, GSC Chair Martin thanked Miami-Dade County’s Public Works Department for working with MRC staff and submitting a FIND grant application for $500,000 in matching Riverwalk construction funding.  GSC Chair Martin lastly thanked the City of Miami for working with MRC staff on submitting a $1 million federal grant application for the public riverwalk on the north shore to fill the gap between the existing riverwalk west of I-836, to the Miami River Greenway currently under construction at 12 Ave.

GSC Chair Martin reported the Greenways Subcommittee continues to work with City of Miami staff (representing Building, Planning, Zoning, Public Works, etc.) to develop an action plan to bring into compliance riverwalks constructed by the private sector which are not consistent with City of Miami approvals. GSC Chair Martin noted MRC and City staff had devised and narrowed down the list of such properties to nine.

GSC Chair Martin stated he, MRC staff and City of Miami department heads had met on March 15 to discuss ongoing greenway-related issues. One such topic that came up during this meeting, noted GSC Chair Martin, was River Oaks Marina and Condominium (1951 NW South River Drive) which is about to be issued a Certificate of Occupancy (CO) though it has yet to complete construction of its previously approved publicly accessible riverwalk and seawall. MRC Chairman Aguirre pointed to this property on the Miami River Greenway Aerial. Vice Chair Carmichael asked what the MRC can do to make sure River Oaks is not issued its CO until after the construction is completed as approved, including the new seawall and public riverwalk, and Mr. Bibeau stated he has emailed Assistant City Manager Mr. Johnny Martinez about this issue but has yet to receive a reply. GSC Chair Martin suggested coordinating this effort at a higher level.

Mr. Bibeau noted the next volunteer Miami River Greenway beautification event will be held at the Robert King High Community vegetable and fruit garden on Saturday, April 30, 9-11.

Mr. Bibeau stated that as previously reported, the Greenways subcommittee has commenced visiting all of the new riverfront Homeowners Associations, and was on the March agenda for the Brickell on the River Homeowners Association meeting. 

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of every month public meeting will be here, next Wednesday, April 13, at 2 PM.

B. Stormwater Subcommittee – Mr. Bibeau provided the following report on behalf of SSC Chair Sallye Jude:

“The Stormwater subcommittee’s March 2 public meeting minutes have been distributed. The next regularly scheduled first Wednesday of the month public meeting is this Wednesday, April 6, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

At the next MRC’s public meeting on May 2, noon, United Way, 3250 SW 3 Ave, FDEP will present the Action Items identified in the November walking search to remediate the contamination sources discovered along the shorelines of Wagner Creek and the Seybold Canal.  

Since our last meeting, FDEP fully executed and issued their permits to the City of Miami for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.  Since DERM and FDEP have already issued their permits, the only remaining permit is from the Army of Corps Engineers whom have already received required input from US Fish and Wildlife, therefore the permit is estimated to be executed this month.  Mr. Bibeau noted the Army Corps of Engineers (ACOE) recently emailed the City of Miami to request a few revisions before they can issue their permit.

I would like to thank the Honorable Mayor Regalado, for sending a third letter, this time seeking the return of the previously appropriated $1 million South Florida Water Management District Cost Share for the Seybold Canal / Wagner Creek Maintenance dredging and Environmental Cleanup project.  Mr. Bibeau noted the aforementioned letter has been distributed.

In addition, I would like to thank the City for working with MRC staff on submitting a $1 million FIND grant application and a FDEP Section 319 grant application for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project.”

Mr. Bibeau thanked Commissioner Carollo for his continued effective efforts and support for the City’s Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup project, and the Commissioner stated this is a team effort.

Vice Chair Carmichael asked if the 10-year water quality results for Wagner Creek have indicated any improvement, and Mr. Bibeau replied that although much progress has been made in reducing contaminants in this waterway, there was still had a long way to go. The testing results are trending in the direction of improved water quality, yet not consistently meeting the desired standards.  Vice Chair Carmichael noted the MRC should make this a major priority and recommended that water quality sampling results for Wagner Creek be publicized. Ms. Patty Harris agreed, noting the results could be potentially utilized as a publicity item to generate public awareness.

C.Urban Infill Working Group (UIWG) – UIWG Chair Jim Murley noted the Urban Infill Subcommittee’s March 17 public meeting minutes have been distributed. UIWG Chair Murley stated he had asked staff to continue working with Miami-Dade Transit and Big Fish to prepare a more complete and improved plans, prior to coming before the full MRC. Mr. Bibeau noted Big Fish, which had recently changed its plan from a hotel/restaurant to solely a restaurant, is scheduled to present their revised plans at the April 14 UIWG meeting. MRC Chairman Aguirre explained that if any substantial or material changes are made to a project along the Miami River, it must return to the MRC for review.

As requested by City Commission Chairman Gort, Chairman Murley noted the UIWG has generated a list of action items designed to alleviate temporary vehicular backup created when Miami River drawbridges open. UIWG Chair Murley noted these implementation steps can be found on page 4 of the March 17, 2011 UIWG meeting minutes:

“In summary the UIWG agreed to work on the following items to address Miami River Drawbridges:
1) USCG meets with drawbridge operators
2) MRMG consultant starts “CommandBridge” operations estimated (July 2011)
3) MDC restripes 17 Ave
4) lights on bridges for boats (red stop and green go)
5)  smart signage warning motorists of upcoming bridge openings and suggesting alternate routes
6)  incorporate FDOT’s 511
7)  Planned Brickell Drive turning lane improvements (estimated 2012)
8)  Distribute information regarding when to expect bridge openings”

Vice Chair Carmichael asked how the aforementioned action items are vetted to City of Miami Mayor Tomas Regalado and Chairman Wifredo Gort, and Mr. Bibeau replied the minutes of the UIWG meetings are provided to their respective offices on a monthly basis. MRC Chairman Aguirre suggested that UIWG Chair Murley report the progress/develop a summary of the drawbridge action items to the MRC on monthly basis, and UIWG Chair Murley stated he would take this under advisement.

The next public MRC Urban Infill subcommittee meeting is April 14, here at 9 AM.

The meeting adjourned.

I. Chair Report – On behalf of the MRC, Chairman Horacio Aguirre welcomed a new MRC member, representing the South Florida Water Management District, Ms. Sandy Batchelor.

MRC Chairman Aguirre stated he would like to entertain a motion on the MRC’s distributed draft March 7, 2011 and April 4, 2011 public meeting minutes. Phil Everingham made a motion to approve the MRC’s March 7, 2011 and April 4, 2011 meeting minutes. The motion was seconded by Dr. Ernie Martin and was unanimously adopted.

MRC Chairman Aguirre asked board members and designees to please note the rotating power point with pictures from the successful 15th Annual free Miami Riverday held April 2. MRC Chairman Aguirre thanked MRC staff for bringing this successful event to fruition. MRC Chairman Aguirre noted the family festival, celebrating the vibrant Miami River, featured River boat tours, environmental education, live music, historic re-enactors, children activities, live music, and much more.  Vice Chair Carmichael asked how many people were in attendance, and MRC Managing Director Brett Bibeau replied he believed close to 5,000 individuals (which includes the 2,000+ individuals who took free boat tours).  Chairman Aguirre stated on the 2 educational Miami River Boat Tours he narrated, 90% of the passengers were visiting the Miami River for the first time.

On behalf of the MRC, Chairman Aguirre presented plaques of appreciation to the following generous Riverday sponsors, whom were unable to attend previous plaque presentation ceremonies:

• The Honorable Commissioner Bruno Barreiro, on behalf of Miami-Dade County; MRC Chairman Aguirre thanked Commissioner Barreiro for serving as a champion of the Miami River for over 18 years

• Mr. Mario Hernandez, on behalf of Campeones Marina. MRC Chairman Aguirre noted Campeones is a fast growing boatyard operating along the Miami River

• Mr. Felix Lopez, on behalf of Spanish Broadcasting Systems (SBS); MRC Chairman Aguirre noted SBS serves as an international leader in media communications; Mr. Bibeau thanked SBS for providing free PSAs/advertisements for Riverday, which helped make the event successful

MRC Chairman Aguirre stated he had some wonderful news to share, and asked everyone to please note the distributed, updated, “Seybold / Wagner Maintenance Dredging and Environmental Cleanup Project – Draft 3 Year Funding Plan.” MRC Chairman Aguirre stated he was pleased and grateful to announce that the City of Miami’s CIP Director Alice Bravo and Intergovernmental Affairs Director Menendez informed him and Director Bibeau that after the current round of seeking cost-share partners is complete, the remaining funding shortfall for the project will be secured via the City of Miami securing a low interest loan from the State of Florida, which the City will repay over time using a portion of the reoccurring Stormwater utility fee.  MRC Chairman Aguirre thanked the Honorable Mayor Regalado and the Honorable Commissioner Carollo, both MRC members, for their strong support of this long awaited and widely supported project which will benefit the natural environment and economy. 

MRC Chairman Aguirre welcomed Ms. Bravo and kindly asked if she would provide any additional information. Ms. Bravo stated she had recently visited Tallahassee and met with the Deputy Secretary of the Florida Department of Environmental Protection (FDEP) to discuss the contaminated sediments present in the state owned submerged lands in Seybold Canal. Ms. Bravo noted the Deputy Secretary had indicated there is currently no funding in place to directly address removing contaminants in state owned submerged lands, and had therefore discussed different state grant funding opportunities to apply for, such as:

• FDEP’s Section 319 (h) Grant: up to $4 million is available for eligible applicants each year; According to Ms. Bravo, the City intends to pursue the full amount, which will require a 49% match; Ms. Bravo noted the City is investigating if Florida Inland Navigation District (FIND) grant funding can serve as a potential match

• Clean Water State Revolving Fund: City intends to apply to this low-interest rate loan program

• City is exploring the following additional opportunities: FEMA Flood Mitigation Assistance and Disaster funding, Water Resources Development Act, Environmental Protection Agency, U.S. Fish & Wildlife Service, Miami-Dade County, etc.

• South Florida Water Management District (SFWMD): Ms. Bravo noted she had reached out to the SFWMD to request the return of the previously awarded $1 million grant for this project, and the SFWMD noted their austere budget due to decreased tax assessed values

Ms. Sallye Jude asked if the City has a timeline in place to apply to these aforementioned potential funding opportunities, and Ms. Bravo replied the City is currently reaching out to all potential agencies, and noted that many of these opportunities have different funding cycles.  Ms. Bravo added the City had originally planned to transport the contaminated sediments out of state, but is currently exploring if this is required in order to potentially lower project costs.

MRC Chairman Aguirre noted the importance of completing the Wagner Creek and Seybold Canal Maintenance Dredging project not just for environmental and aesthetic reasons, but in order to improve navigation and the local economy.  MRC Chairman Aguirre pointed out that Campeones Marina - as well as many fellow marine-related business owners-experiences the negative impact of the waterbody’s extremely low water depths on a daily basis.  Mr. Hernandez shared an anecdote that sometimes, the water is so shallow that he is able to literally walk across the canal from his property.  MRC Chairman Aguirre mentioned that once the waterbody is dredged, everyone will be able to reap the benefits. Ms. Bravo pledged, on behalf of the City, to continue exploring any and all funding opportunities.

MRC Chairman Aguirre stated the MRC’s Executive Board met just prior to the MRC meeting and reviewed the Miami River Fund Inc.’s 3rd Quarter financial reports, covering January – March, in addition to the final 2011 Riverday and Map budgets, and a list with the status of all potential funding opportunities applied for this year. 

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

Vice Chair Carmichael reported MRC Managing Director Bibeau had conducted a site visit with the County in April to address their publicly accessible riverfront right-of-way, located at 1280 NW 11 ST, which is covered in litter and invasive species. Vice Chair Carmichael thanked the County for agreeing to clean up the site and remove the invasive species.

Vice Chair Carmichael noted a derelict vessel has been placed on the VIP list, which is half-sunk and tied to the City of Miami’s Point Park.  Vice Chair Carmichael thanked City of Miami Marine Patrol Sergeant Mike Gonzalez whom emailed staff to report that he had processed and posted the vessel as a derelict, and is working on having this new derelict vessel removed next month.

Vice Chair Carmichael thanked the City of Miami’s Public Works Department, whom emailed that they would remove the invasive species which has overtaken the shoreline on the Riverwalk’s south side, next to the Manatee Mural beneath the Flagler Bridge.

Per the emailed eye-witness report from a river resident, Vice Chair Carmichael stated staff has added to the VIP list that pollution is entering the River from a stormwater drain located on the south shore, immediately west of Metro-Rail.  Therefore MRC staff forwarded the residents emails to the City of Miami Public Works Department.

Mr. Hernandez reported the seawall located almost adjacent to his property (on the eastern shore) is falling in the river. Mr. Bibeau noted the owner, Ms. Elba Larsoncel, is aware of the seawall’s condition, as well as its deteriorating bulkhead.  Mr. Bibeau added the parcel has a for sale sign.

II. Update of Miami-Dade Transit’s MetroRail Airport Link and M-Path Project - Mr. Bibeau reported Miami-Dade Transit will be making this presentation at the June 6 public MRC meeting.

III. MRC Subcommittee Reports -
A. Greenways Subcommittee – GSC Chair Ernie Martin stated the Greenways subcommittee’s April 13 public meeting minutes have been distributed. GSC Chair Martin noted the Miami River Greenway is currently under construction. GSC Chair Martin added the ongoing construction of the Greenway along the north shore, from NW 7 Ave to NW 12 Ave, remains on schedule.

Mr. Bibeau noted the MRC hosted and funded a volunteer Miami River Greenway beautification project on April 23, along the south shore from Jose Marti Park to NW 1 ST, in partnership with 25 Hands on Miami volunteers from Miami High School, whom planted 50 plants, picked up litter, and painted along the Miami River Greenway.  Mr. Bibeau announced the next volunteer Miami River Greenway beautification event will be held on Saturday, May 14, 9-11 am, at the public / community free vegetable and fruit Garden, 1407 NW 7 ST.

GSC Chair Martin stated the volunteer events are a wonderful opportunity to introduce and educate people about the Miami River, and thanked MRC staff for their coordination of these events, as they require enormous staff time on Saturdays, during “off-hours”.

GSC Chair Martin brought the board’s attention to the distributed Miami Today Article, “River Commission fights to make developers toe Greenway line.” GSC Chair Martin noted MRC Director Bibeau is scheduled to meet with the City’s building Director Toledo this Wednesday.

GSC Chair Martin stated the MRC’s recommended “Action Items” to bring the 9 sites into compliance are contained on page 5 of the distributed April 13 public GSC meeting minutes.  In addition, GSC Chair Martin stated the minutes note all of these sites are yet to receive their final Certificates of Occupancy, of which the MRC is recommending the public riverwalks be completed as approved by the City, prior to issuing their final Certificates of Occupancy.  GSC Chair Martin noted this item will be discussed again during the City’s televised Waterfront Advisory Board’s public meeting on May 10, 6:30 at City Hall, 3500 Pan American Drive.

Vice Chair Carmichael asked if there is anything else the MRC can do to garner additional attention to this matter, and GSC Chair Martin replied in addition to the recent press coverage, the MRC continues to meet with city staff to address greenway action items. MRC Chairman Aguirre assured the MRC has the Mayor’s attention on this issue.

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of every month public meeting will be here, 1407 NW 7 ST, May 11.

B. Stormwater Subcommittee – SSC Chair Sallye Jude announced the Stormwater Subcommittee’s April 6 public meeting minutes have been distributed.  The next regularly scheduled first Wednesday of the month public meeting is this Wednesday, May 4, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

Vice Chair Carmichael asked for the status of securing the Army Corps of Engineers (ACOE) permit for the Seybold Canal & Wagner Creek Maintenance Dredging project, and Mr. Bibeau replied CH2M Hill is scheduled to meet this week with the ACOE to answer a few questions, and the permit is expected to be executed next month.

C.Urban Infill Working Group (UIWG) – Mr. Bibeau provided the following report on behalf of UIWG Chair Jim Murley:

“The Urban Infill Subcommittee’s April 14 public meeting minutes have been distributed.  As reflected in the minutes, Miami-Dade Transit is scheduled to present 2 items at the next MRC public meeting on June 6.  Big Fish is still working with the City on their revised proposed plans, and may present to the subcommittee this month, followed by the full MRC public meeting, if ready, on June 6.

Miami-Dade County’s next Palmer Lake Plan Steering Committee’s public meeting has been rescheduled to May 16, 3 PM, 2257 NW North River Drive.

As requested by City Commission Chairman Gort, we generated the distributed list of action items which are being implemented to alleviate temporary vehicular backup created when Miami River drawbridges open.

Mr. Bibeau distributed “Action Items to Alleviate Temporary Vehicular Congestion at Miami River Drawbridge Openings-April 11, 2011 Draft”

“1) Meet with drawbridge operators – Status: MRC scheduling meeting to discuss drawbridge operations with drawbridge operators, marine industrial businesses, FDOT, USCG, MDC PW, Florida Drawbridge, DDA, MRMG, etc. on May 17, 9 AM, 1407 NW 7 ST.

2) MRMG consultant starts “CommandBridge” – Status: operations commence estimate July 2011

3) MDC restripes 17 Ave North bound, from south of the I-836 overpass to the Bridge, in order to double the lane capacity from 1 to 2 vehicular lanes – Status: MDC meeting with MDX this week

4) Lights on bridges for boats (red stop and green go) – Status:  Operational

5) Smart signage warning motorists of upcoming bridge openings and suggesting alternate routes – Status:  MRC communicating with USCG, FDOT, and MDC

6) Incorporate FDOT’s 511 - Status:  MRC communicating with FDOT

7) Planned Brickell Ave turning lane improvements - Status: construction estimated 2012

8) Distribute information regarding when to expect bridge openings – Status:  MRC preparing draft, and reaching out to DDA, Brickell Area Association and Brickell Homeowners Association to partner on distribution

The next public MRC Urban Infill subcommittee meeting is May 17, here, at 9 AM, and will primarily be open communication regarding Miami River Drawbridge operations with the bridge tenders, USCG, FDOT, Florida Drawbridge, marine industrial businesses, DDA, etc.”

MRC Chairman Aguirre stated the MRC hopes to develop a diplomatic, self-regulating system to implement these initiatives.

IV. New Business - Ms. Patty Harris invited everyone to an open-garden tour at her house, 6357 SW 15th Street, on Sunday, May 15, from 10 am to noon. Ms. Harris noted she enjoys “showing off” her butterfly garden where she grows a collection of native, as well as exotic, trees and plants and offers gardening techniques. MRC Chairman Aguirre thanked Ms. Harris for her thoughtful invitation.

MRC Chairman Aguirre stated he wanted to bring to the board’s attention a couple of articles in the distributed press packages. The first of which is on page three, a front page Miami Herald article regarding the major CitiCentre project. MRC Chairman Aguirre noted this Swire project speaks well for the Miami River Corridor and thanked representatives from Swire Properties for making it happen. In addition, MRC Chairman Aguirre brought the board’s attention to the article regarding the Miami River’s Jai Alai fronton, which received an $87 million loan to expand and renovate their facility.  

Commissioner Barreiro stated he had come across an article in the Miami Herald regarding the installation of public floating boat docks along the Fort Lauderdale Downtown Riverwalk for temporary small recreational vessel dockage.  Commissioner Barreiro noted the public floating boat docks would allow vessels to tie up along the river for a fee and enjoy amenities.  Commissioner Barreiro asked if there were any public docking facilities of this nature along the Miami River, and Ms. Bravo replied no. Mr. Orin Black, 5th Street Marina, noted Miami-Dade County’s Manatee Protection Plan defines this concept as “transient dockage,” and appears it may require an amendment to the Manatee Protection Plan.  MRC Chairman Aguirre noted Mayor Regalado has expressed support for this concept and is currently investigating the possibility of establishing a public “Fisherman’s Wharf” type area in the city-owned riverfront portion of Lummus Park.  Mr. Bibeau noted another potential opportunity for public boat dockage would be the city-owned riverwalk along the north shore, from the Brickell Bridge to the Metro-Mover Bridge, which already has cleats along their seawall.  Mr. Bibeau suggested similar to Fort Lauderdale, the City of Miami may rent out dock space to obtain revenue for riverwalk maintenance.

The public MRC meeting adjourned.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre noted the Honorable City of Miami Mayor Tomás Regalado and Miami City Commission Chairman Wifredo Gort consider the Miami River Corridor to be one of City of Miami’s most significant and important areas. MRC Chairman Aguirre recognized MRC staff for their innovative approach of presenting the May 2011 backup materials/documents in preparation for today’s MRC meeting. MRC Chairman Aguirre stated he would like to entertain a motion on the MRC’s distributed draft May 2, 2011 public meeting minutes. Ms. Sallye Jude made a motion to approve the MRC’s May 2, 2011 public meeting minutes. The motion was seconded by Mr. Gary Winston and was unanimously adopted.

On behalf of the MRC, Chairman Aguirre extended congratulations to Miami River “celebrities:” Ms. Sandy Batchelor and MRC Managing Director Brett Bibeau for recently being honored with Miami Today’s “Best of Miami Awards” featured in the distributed press packages. Mr. Bibeau credited the support of the MRC board for making the honor possible.

MRC Chairman Aguirre issued a friendly reminder that due to the Fourth of July holiday, the next public MRC meeting will be held on Monday, July 11, noon, at Robert King High, 1407 NW 7 Street-and not on the regular first Monday of the month.  Like other organizations, MRC Chairman Aguirre noted the MRC will not conduct meetings in August.

MRC Chairman Aguirre asked Vice Chair Jay Carmichael to provide an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

Vice Chair Carmichael stated he was pleased to report the following three VIP items were resolved last month and have therefore been removed from the list:

• On behalf of the MRC, Vice Chair Carmichael thanked the City of Miami for removing the derelict vessel, which recently appeared tied to trees in Sewell Park.
•  Vice Chair Carmichael thanked the unknown party which removed the derelict vessel the MRC had discussed last month, which was docked at Point Park.
• Finally, Vice Chair Carmichael noted thanks are due to the City of Miami’s Public Works Department, which removed the invasive species which had overtaken the shoreline on the Riverwalk’s south side, next to the Manatee Mural beneath the Flagler Bridge.

Vice Chair Carmichael noted he is currently working with staff on addressing another potential
VIP item involving a private landowner’s seawall falling into the river, which has not been cited by Code Enforcement.  MRC Chairman Aguirre noted he had examined the subject property from his boat during a recent river excursion, and agreed this was an important item to address. MRC Chairman Aguirre stated the subject property is for sale and vacant and is located on Seybold Canal.  MRC Chairman Aguirre reported he had spoken to a few adjacent property owners whom had expressed concern regarding the seawall’s potential collapse and its impact on navigation/access to neighboring marine-related businesses.  MRC members suggested the City of Miami inspect the condition of this existing seawall.  MRC Chairman Aguirre noted the cost of repairing seawalls is “shockingly expensive” and wished to develop a solution to bring these costs down.

Ms. Sallye Jude asked if there weren’t enough contractors available to bid out seawall repair work, and MRC Chairman Aguirre noted it’s not a question of contractors, but a matter of cost, and suggested that the City of Miami consider investigating grant opportunities or a loan program to repair seawalls.  Dr. Ernie Martin noted the Seybold/Wagner waterway is an area of great interest to the residents of Spring Garden, as well as a great asset to the City of Miami.

MRC Chairman Aguirre noted he considered the image of derelict vessels to be detrimental to the Miami River’s image, and noted their removal remains high on the MRC’s VIP priority list.
MRC Chairman Aguirre thanked Vice Chair Carmichael for his positive update.

II. Review of 2nd Draft Palmer Lake Charrette Area Plan - MRC Chairman Aguirre welcomed Mr. Jess Linn and Mr. Eric Silva, Miami-Dade County Department of Planning and Zoning, and deferred to UIWG Chair Jim Murley to provide an overview. UIWG Chair Murley noted the UIWG continues to monitor this item closely, thanks to assistance from Mr. Bibeau, whom serves as the Vice Chair of the Palmer Lake Steering Committee. UIWG Chair Murley stated this item was placed on today’s MRC agenda after the County Planning Department emailed this item would be considered at the June 20 Planning Advisory Board Meeting.  Since then, the County Planning Department emailed this item has been deferred to the September 19 Planning Advisory Board Agenda.  Therefore, if the MRC prefers, we now have the time to bring it to Urban Infill Subcommittee’s June public meeting, followed by the MRC’s next public meeting on July 11.  

One week prior to the meeting, MRC members were provided a 5/27/11 memo stating, UIWG Chair Murley recommended approval of the Plan with the following revisions:

“1) Revert to the original “Marine Industrial Area” title contained in the previously distributed 1st draft Palmer Lake Charrette Area Plan.

2) Revert to the original “Urban Center” zoning boundary (super majority of entire study area) contained in the previously distributed 1st draft Palmer Lake Charrette Area Plan, which excludes the small “Marine Industrial Area”.

3) Revert to the distributed 1st draft Palmer Lake Charrette Area Plan, which does not recommend a new all-inclusive zoning category be created for the entire study area, including the small “Marine Industrial Area”, to the maximum extent allowable per the adopted Comprehensive Plan.

4) Insert the following text, “If the adopted zoning code for the waterfront parcels are amended, include language which allows any potential non-conforming marine industrial businesses to remain and expand.

Please note these recommended 4 revisions are consistent with the County’s adopted Comprehensive Plan Ordinance, which states in the “Port of Miami River Subelement”:
• “Objective PMR-1, Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses.”
• “Policy PMR-1B, In making recommendations relating to requested zoning changes and permits for development and redevelopment along the Miami River, Miami-Dade County agencies shall promote the protection or inclusion of uses which are water dependent and or water related, such as cargo shipping terminals and boat repair yards.”
• Page II-67, Figure 1, is a map of the “Marine” sites in unincorporated Dade County.

Mr. Eric Silva reported a “new” draft Palmer Lake Charrette Area Plan was completed in early June and is available for review. Mr. Silva noted this plan incorporates the 40+ recommendations generated by the Steering Committee during its May 25, 2011 public hearing.

MRC Chairman Aguirre recommended the UIWG review the most current draft Palmer Lake Charrette Area Plan available before it is subsequently presented to the MRC at its next publicly noticed meeting on July 11.

Mr. Silva noted staff does not have a formal presentation scheduled for today’s meeting, yet was available to answer any questions.

Upon review of the distributed May 27, 2011 MRC Memorandum, Vice Chair Carmichael noted it was his understanding that the original draft plan’s “Marine Industrial Area” title has been removed.  UIWG Chair Murley noted this action reflects the Steering Committee’s votes of 3-2 and 4-1. Mr. Carmichael noted he believed there are 12 total members of the Steering Committee, and asked if the aforementioned number of votes/people constitutes a quorum to take action.  Mr. Silva noted there is no quorum requirement for the 12 Steering Committee members. Vice Chair Carmichael asked Mr. Silva if all 12 members of the Steering Committee will vote on the final draft plan, and Mr. Silva replied that opportunity was offered at the May 25 public meeting. Mr. Silva explained county staff had contacted all 12 members repeatedly to inform them of this meeting, yet not everyone was able to attend.

Mr. Silva noted the only thing that has been removed is the heading for the “Marine Industrial Area.” Mr. Silva explained the title “Marine Industrial Study Area” has been changed to “Riverside Study Area,” but no references to the marine industries were removed. MRC Chairman Aguirre asked why this change had been made, and Mr. Silva replied it was changed to address some confusion regarding two subject areas: marine industrial and flexible use, specifically their respective study/boundary areas.

Vice Chair Carmichael asked UIWG Chair Murley and his committee to review all past plans and studies and compare them to the county’s most recently produced draft in order to evaluate overall consistency and formulate a reason behind the Steering Committee’s suggested changes.  Vice Chairman Carmichael stated it was his recollection that previous studies and plans called for this upper river section of the mixed-use river to remain marine industrial.  Vice Chair Carmichael asked that the UIWG Chair Murley’s findings/analysis be forwarded to the MRC, and UIWG Chair Murley replied he would do his best.

MRC Chairman Aguirre expressed his concern that one particular family owns a piece of land on Palmer Lake and along the Miami River, and the nomenclature changes to the draft plan could subsequently become the nomenclature changes along the Miami River, thereby potentially diluting the existence of marine industrial areas.

Dr. Ernie Martin stated he remains concerned regarding the potential outcome of land use decisions and felt it was important to enact an implementation/funding strategy or comprehensive plan in order to develop consensus among all Miami River stakeholders. Commissioner Bruno Barreiro stated he agreed and noted it behooves everyone-including property owners-to enact a plan to represent all different interests along the Miami River. In addition, Commissioner Barreiro directed MRC staff to continue working with county staff to promote this effort.

Dr. Martin stated implementation of the final plan is key, and expressed support for the Plan’s “Implementation” recommendation to create a new CRA with tax increment financing (TIF), where a portion of existing taxes would be spent on infrastructure in this area.

MRC Chairman Aguirre and the MRC directed UIWG Chairman Murley to review the revised draft Palmer Lake Charrette Area Plan and present a recommendation before the MRC at its next publicly noticed meeting on July 11, noon, Robert King High Board Room, 1407 NW 7 Street. MRC Chairman Aguirre thanked Mr. Silva and Mr. Linn for their participation.

III. Update of Miami-Dade Transit’s Metro-Rail Airport Link and M-Path Project - MRC Chairman Aguirre welcomed Mr. Surinder Sahota, Miami-Dade Transit, whom provided an update on the M-Path Project, a pedestrian walkway intended to connect Miami-Dade Public Works’ planned riverwalk beneath Metro Rail’s North Shore to the adjacent Southwest Third Street. Mr. Sahota noted county staff had researched old records and found the former existence of the M-Path’s bike and pedestrian path leading up to the Miami River.  Mr. Sahota distributed a July 28, 2006 aerial, depicting the former existence of the M-Path. Mr. Sahota stated the sidewalk / M-Path was removed by the developers during their construction and landscaping of their adjacent developments, Mint and Ivy.

Mr. Sahota stated Miami-Dade Public Works is taking the lead on the construction of the sites seawall, as well as resolving the bike/M-Path issue. Mr. Sahota added Public Works is in the process of scheduling a meeting to address the M-Path with the adjacent developers, Mr Ardid, and their attorney.  Mr. Sahota noted there are currently two options to construct the M-Path: 1) the developer can provide the money directly to Public Works to build the M-Path or 2) developer can build the M-Path on their own, considering that they are the ones that removed it originally. Mr. Sahota noted Public Works will continue to update the MRC as this item progresses.  MRC Chairman Aguirre asked if this task would be under Mr. Sahota’s supervision, and Mr. Sahota replied yes, but through the direct supervision of Public Works.

Mr. Sahota noted the Miami Intermodal Center (MIC) project commenced construction in April 2009.  Mr. Sahota noted the project is on schedule and should be completed by April 2012.  Mr. Sahota added the project features a multilevel Miami International Airport Station, which he noted should be completed by August. Mr. Sahota noted guideway testing will be initiated this December. Mr. Sahota noted the Miami River crossing and new bridge was completed last month, 10 days ahead of schedule.

Vice Chair Carmichael asked for an update regarding “Parcel 312 MIC-EH Pond,” and Mr. Sahota reported a new drawing has been distributed and the county is relocating the landscaping. Mr. Sahota noted the original design had included a drainage pond and landscaping, which have since been eliminated so the area will now become available for lease for marine industrial business usage, with the option of building a seawall.  Mr. Sahota explained the drainage had been relocated in order to create a plain-level area, and stated a fence line would be installed at Parcel 312 to separate the MDT portion from the land available for lease (east of fence).  Mr. Sahota noted that once the project has been completed, a Request for Proposals (RFP) would be issued - presumably next year - to begin the process of leasing the remaining available space on Parcel 312 for a marine industrial business.  Vice Chair Carmichael asked if there is currently a budget to repair the seawall, and Mr. Sahota replied no, but is estimated to cost a substantial amount of money.  Mr Sahota noted the presented older aerial depicts ships docked on the collapsed seawall.  Mr Sahota stated the RFP may include an option for the lessee to repair the seawall.

Ms. Patty Harris expressed concern regarding the potential loss of the Miami River Greenway during construction of this project, and Mr. Bibeau explained the Miami River Greenway stops just east of the subject area and will therefore not be impacted.

Ms. Rosalyn Contreras, Public Information Officer for MDT-CEI Airport Link, presented a brief PowerPoint presentation of the project and distributed a “Miami-Dade Transit’s (MDT) Airport Link Metrorail Extension” Fact Sheet. The distributed Fact Sheet and PowerPoint contained the following information:
• “The MDT Airport Metrorail Extension Project is a 2.4-mile-long elevated Metrorail extension from the existing Earlington Heights Station to the new Miami Intermodal Center (MIC) Station
• Construction began in Spring of 2009 and should be completed by Spring of 2012
• Features a multilevel Miami International Airport (MIA) Station which will provide passengers with a central transfer point to different modes of transportation, including Metrorail, Metrobus, Tri-Rail, and an automated People Mover that connects to MIA
• Project boundaries: The Airport Link will branch from the existing Earlington Heights Station westbound over NW 27th Avenue, parallels to SR-112 and begins a southward path just west of NW 37th Avenue. The alignment crosses the Miami River just east of the South Florida Rail Corridor Bridge, continuing southbound and terminating at the MIC, with the multilevel MIA Station east of the MIC’s Rental Car Facility”

Vice Chair Carmichael asked if any sort of protection was incorporated during piling construction to prevent sediments from falling into the river, and Ms. Contreras replied a manatee watcher and special netting was utilized. Vice Chair Carmichael asked if a post-completion survey had been conducted, and Mr. Sahota replied no, explaining that construction was conducted 10-12 feet from the edge and was continuously monitored by the contractors (especially during sheet pile driving). Mr. Sahota noted that although there is no provision in the contract requiring a post-completion survey, he would be amenable to performing one.  Vice Chair Carmichael asked about the minutes reference to FPL lines crossing above the River in this area, and Mr Sahota replied they are in compliance.

MRC Chairman Aguirre thanked Mr. Sahota and Ms. Contreras for their presentation.

IV. MRC Subcommittee Reports-
A. Greenways Subcommittee – GSC Chair Ernie Martin stated the Greenways subcommittee’s May 11 public meeting minutes have been distributed.  The Miami River Greenway is currently under construction.

Mr. Bibeau reported the topic of Riverwalks constructed inconsistent with City approvals was discussed again during the City’s televised Waterfront Advisory Board’s public meeting on May 10 in City Hall.  Mr. Bibeau noted the City of Miami’s Waterfront Advisory Board passed a resolution supporting the MRC’s recommendation for the City to not issue Temporary and or Final Certificates of Occupancy until the public riverwalks are completed as approved by the City.  On May 11, City Building Director Toledo stated he would invite MRC staff to attend multi-departmental inspections of the 10 sites in question, yet Mr. Bibeau noted the promised inspections are yet to be scheduled by the City.

Mr. Bibeau thanked the City for partnering with MRC staff to prepare a $1 million federal grant application for the public riverwalk along the North shore in the Health District area, from NW 12 Ave to west of I-836.

Mr. Bibeau thanked the County for partnering with MRC staff to prepare a $1 million federal grant application for the public riverwalk here along the south shore, from NW 13 Ave to west of I-836, in addition to a $500,000 FIND matching grant application towards three County owned and 100% designed riverwalk sections.  Mr. Bibeau stated this represents $2.5 million in recently submitted and pending grant applications for the continued construction of the Miami River Greenway.

Mr. Bibeau noted the MRC hosted and funded a volunteer Miami River Greenway beautification project last Saturday, and was joined by 15 Hands on Miami volunteers whom replanted the free community vegetable and fruit garden, as well as picked up litter along the shoreline here at Robert King High. 

The Greenways subcommittee’s next public meeting will be held here, 1407 NW 7 ST, June 22, at 2 PM.

B. Stormwater Subcommittee – SSC Chair Sallye Jude noted the Stormwater subcommittee’s May 4 public meeting minutes have been distributed.  Ms. Jude stated the June public meeting was held last Wednesday, June 1.  The next regularly scheduled first Wednesday of the month public meeting is July 6, 2011, 10 AM, 2121 SW 3 Ave, 6 FL.

Ms. Jude deferred to MRC Chairman Aguirre for an update regarding the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project.

MRC Chairman Aguirre thanked the City of Miami for partnering with MRC staff to prepare and  submit a $4 million grant application to FDEP’s 319(h) program.  MRC Chairman Aguirre noted the City is now working with MRC staff to prepare another grant application for the project, this time to FDEP’s TMDL program.  Mr. Bibeau added the City is considering applying to a few more state and federal grant opportunities for this long awaited and widely supported project.

MRC Chairman Aguirre reported the U.S. Senate Appropriations Committee had asked Senators to submit water related projects for consideration to receive federal cost shares in the Water Resources Development Act (WRDA) by today.  MRC Chairman Aguirre expressed his gratitude to the Honorable Mayor Tomas Regalado and Honorable Vice Chairman Frank Carollo for writing Senator Nelson on April 14, asking him to nominate the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project.  On behalf of the MRC, MRC Chairman Aguirre noted he had submitted a similar letter in May. Commissioner Carollo noted this is a team effort and hoped the project is awarded its much-needed funding.  MRC Chairman Aguirre noted it was important to share that Commissioner Carollo has taken a personal interest in the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project and thanked him for his support and leadership.  Dr. Martin thanked Commissioner Carollo for his ongoing support of the Miami River.
   
C. Urban Infill Working Group (UIWG) – UIWG Chair Murley noted the Urban Infill Working Group Subcommittee’s May 17 public meeting minutes have been distributed.  UIWG Chair Murley noted the productive and informative May meeting was focused on Miami River Drawbridge operations, and participants included U.S. Coast Guard, FDOT, FL Drawbridge (ST Bridge operators), MDC Public Works (MDC Bridge operators), DDA, Miami River Marine Group and P&L Towing. As requested by the Honorable Miami City Commission Chairman Wifredo Gort, UIWG Chair Murley noted the UIWG updated the list of various action items being implemented to alleviate temporary vehicular backup created when Miami River drawbridges open (featured on page 3 of the distributed May 17, 2011 UIWG public meeting minutes).  Vice-Chair Carmichael stated he supported the MRC’s initiative to create a public awareness campaign to teach pedestrians and motorists general bridge rules.  MRC Chairman Aguirre suggested that MRC staff provide Chairman Gort with an update of these initiatives, and Mr. Bibeau stated he would be happy to schedule a briefing with the Chairman.  Commissioner Carollo noted he would also welcome an individual briefing.

UIWG Chair Murley noted Big Fish is still working with the City on their revised proposed plans, and may present to the public subcommittee meeting this month, followed by the full MRC public meeting, if ready, at the next public meeting on July 11.

V. New Business - Dr. Ernie Martin invited everyone to the Urban Environment League’s 6th Annual “Orchids & Onions” Awards in which he and Ms. Sallye Jude will be presenting “orchid” awards to former MRC Chairman Eric Buermann, Mr. Jim Murley and Ms. Brenda Marshall, TPL, to congratulate them for their hard work and dedication. The event will take place on Wednesday, June 15, 6 pm at Villa 221.  

Vice Chair Carmichael noted Mr. Bibeau reported at the May 11 GSC meeting that he had received an email from Mr. Len Helmers, City of Miami Public Works, with an estimate to construct a Riverwalk on the River Oaks Marina and Condominium site.  Vice Chair Carmichael noted the email references a $130,000 bond proffered by the developer but the attached estimated showed the “Total Estimated Cost of Improvements” at $165,574,000. Vice Chair Carmichael asked if there was any way for the City to request the $35,000+ balance. Ms. Patty Harris moved a resolution for the MRC to write a letter to the Miami City Commission and Mayor requesting the $35,000+ balance in order to construct the publicly accessible riverwalk at Miami River Oaks Marina and Condominium, and to restate the MRC’s recommendation for the City to not issue Temporary, and or Final Certificates of Occupancy until the public riverwalks are completed per City approvals.  The resolution was seconded by Dr. Ernie Martin and was unanimously adopted.

Mr. Bibeau noted nice pictures of the Miami River were repeatedly featured on National television during the NBA Playoff’s, before most of the commercial breaks.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre stated he would like to entertain a motion on the MRC’s distributed draft June 6, 2011 public meeting minutes. Mr. Gary Winston made a motion to approve the MRC’s June 6, 2011 public meeting minutes. The motion was seconded by Mr. Manny Prieguez and was unanimously adopted.

MRC Chairman Aguirre stated agenda item I.B “Miami River Voluntary Improvement Program (VIP)” has been deferred considering today’s very busy agenda, and partly due to Vice Chair Jay Carmichael being out of town. In addition, MRC Chairman Aguirre respectfully recommended deferring the MRC Subcommittee Reports today so that there would be enough time to hear all four presentations, and the MRC agreed.

II. Presentation of New “Big Fish” Proposed Plans, 55 SW Miami Avenue Road - MRC Chairman Aguirre welcomed Mr. Ben Fernandez, Bercow, Radell & Fernandez, and project architect D.B. Lewis, DB Lewis Architecture & Design, whom presented a revised proposal for a two-story restaurant (3rd Floor Terrace) and VIP lounge on the site of the former “Big Fish” restaurant, which they demolished, at 55 SW Miami Avenue Road, located west of the South Miami Avenue Bridge on the south bank of the Miami River.

Mr. Fernandez noted previous plans for the property included a boutique hotel and restaurant, yet when the hotel concept became economically unfeasible, the project was downsized to a two-story restaurant with a rooftop terrace and a VIP lounge. Mr. Fernandez noted the proposed project requires a Class II Special Permit from the City of Miami and was filed under the SD-7 building district regulations and former Zoning Code 11,000.

Mr. Fernandez noted the developer is requesting a front yard setback variance to allow 0 feet (where 10 feet is required). Mr. Fernandez explained the original Big Fish structure, which was demolished by the developer, was a non-conforming structure with a front yard setback variance as well. Mr. Fernandez stated he believed this would make the project more pedestrian friendly and would maximize the amount of total building footprint.

Mr. Fernandez stated the lot is only 52 feet wide (River to sidewalk), which he noted imposes a tremendous design constraint. Therefore, Mr. Fernandez noted the building has been pushed up to the front property line and a courtyard/amenity plaza has been created at the center of the project for public use.

Mr. Fernandez stated the developer is requesting a variance of the waterfront setback requirement. Mr. Fernandez explained that according to the recent City of Miami “Zoning Write-up/Interpretation Letter” for Big Fish, the required waterfront setback is 13 feet, 6.4 inches, yet a waiver is being requested to bring this down by 4.6 inches-making the total proposed waterfront setback to 13 feet, 1.8 inches-of which he added the developer is very close to complying. Mr. Lewis explained the City Charter typically requires a 50-foot waterfront building setback-unless the depth of the lot is less than 200 feet. If a property is less than 200 feet, the setback shall be at least 25 percent of the total lot depth (from sidewalk to shoreline, in this case 13 feet 6.4 inches).

In terms of parking, Mr. Fernandez noted the SD-7 zoning regulation allows parking to be provided off-site, and added he is currently working with an adjacent area property owner to allocate off-site parking spaces.

Mr. Fernandez deferred to Mr. Lewis to provide additional information. Mr. Lewis stated he appreciates working with the Miami River Commission and its subcommittees whom have offered their insight and good recommendations which have improved the planned riverfront project and its publicly accessible riverwalk.  Mr. Lewis noted this is a special, yet complicated project as the developer has been working on a variety of initiatives in anticipation of the project, such as 1) the installation of a new water main; 2) the coordination of public right-of-way improvements; 3) the construction of a 300 linear foot seawall; 4) the undergrounding of power lines; and 5) harmonizing (within the business) a finished elevation of +9 FEMA with 5.5 feet of seawall cap and an exterior environment.

In order to preserve the very large monumental trees on the property (in particular the one closest to the water), Mr. Lewis noted a decision was made to provide a slightly raised elevation in order to share the setback of 13 feet, 9 inches. Essentially, the composition of the site is split in two elevations where half of the site located adjacent to the waterfront tree is placed on a raised level, proceeding around the VIP Lounge (styled in the tradition of a Mexican Palapa structure with a sloping roof to shield the adjacent bridge traffic noise) and curving behind the remaining trees to allow circulation.

Mr. Lewis explained 5 feet will be provided on the east side yard (South Miami Avenue Bridge side) and 8 feet will be provided on the west side yard (i.e. three feet of landscaping and five feet of public walkway)-for a total sideyard setback of 13 feet (versus the required side yard setback of 69 feet, according to the City of Miami “Zoning Write-up/Interpretation Letter” for Big Fish – waiver number 3). Mr. Lewis noted a celebratory 50’ wide publicly accessible entrance to the restaurant and public riverwalk are being provided at the center of the property, as well as a small water feature and a circular staircase. Mr. Lewis stated within this 50’ entrance, a minimum 12’ will be unobstructed and publicly accessible to access the public riverwalk, even if not eating at the restaurant.  Mr Lewis noted the design/architecture for the project is based on a Mediterranean, nautical theme.

MRC Chairman Aguirre noted today marks the second time the proposed “Big Fish” project has been presented to the MRC-the first time being in May 2010 in which a 12-room luxury boutique hotel and two-story restaurant was presented. MRC Chairman Aguirre asked for the status of the land, and Mr. Lewis replied the property is privately owned, and the platting process is 90% complete.

MRC Chairman Aguirre deferred to MRC Managing Director Brett Bibeau to provide the opinion of UIWG Chair Jim Murley, whom was unable to attend today’s meeting. Mr. Bibeau noted the June 27, 2011 UIWG public meeting minutes have been distributed and cited the following recommendation on page 3, “UIWG Chair Murley recommended the MRC find the proposed project plans for Big Fish Restaurant 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 condition:  Apply the proposed public riverwalk cross section depicted on page A2.01A to the entire riverwalk, and transfer one foot from the Safety Zone (3’) into the Circulation Zone (10’-2”) at the same elevation.”

Mr. Bibeau explained there are at least 3 different cross sections/dimensions to the 13-foot building setback and public riverwalk area depicted in the plans. Mr. Bibeau noted the version found on page A2.01A is the most favorable, as expressed by UIWG Chair Murley, as it features a 9-foot, 2 inch unobstructed riverwalk circulation zone and a 4-foot safety zone with lighting and landscaping. Mr. Bibeau noted it is permitted by City Code to remove 1 foot out of the safety zone (bringing it down to 3 feet) and transferring it to the circulation zone, increasing it from 9 to 10 feet. Mr. Bibeau noted UIWG Chair Murley’s recommendation is to apply the aforementioned cross section for the riverwalk (10 foot unobstructed circulation zone) to the entire project, as opposed to supporting some of the other cross sections which depict the public riverwalk’s unobstructed circulation zone as narrow as only 5 feet wide.

Mr. Lewis noted an unobstructed 5 foot wide publicly accessible riverwalk is provided along the entire site to accommodate an integration of restaurant tables along the riverwalk and Sabal Palms (i.e. tables are not featured in areas where Sabal Palms will be planted, and Sabal Palms will not be planted in areas where the riverwalk tables are featured). Mr. Lewis noted that in addition to providing a 5-foot unobstructed riverwalk, 6 feet will be provided on a raised, panoramic viewing level in front of the VIP Lounge, which will be fully accessible to the public as well. Another reason for this split level composition, explained Mr. Lewis, is the monumental tree which falls right in the middle of the additional setback.

MRC Chairman Aguirre opened the meeting for questions and comments.

Mr. Richard Dubin stated he was present when the original hotel proposal came before the MRC and noted he is very familiar with the property. Mr. Dubin noted there are quite a few properties along the mouth of the Miami River to the 7th Avenue Bridge (including the property being presented today) which are very narrow, non-conforming and unusual in size and therefore expressed his support for the developer’s desire to transform the currently vacant site into something advantageous.

Ms. Patty Harris asked which organization and/or agency is supportive of preserving the referenced monumental tree, and Mr. Fernandez replied that historically this area has been a place where people congregate to appreciate and enjoy the river in a shaded atmosphere. Mr. Lewis noted this tree is essential in maintaining the courtyard experience. Ms. Harris asked if a certified arborist has examined the tree, and Mr. Lewis replied the tree was deemed challenging, yet healthy. Ms. Harris stated this rubber tree is currently on Miami-Dade County’s “Do Not Plant List,” as it is very brittle and prone to damage from high winds. Mr. Lewis noted that if they are unsuccessful in saving the tree, a new and acceptable tree would be planted in its place.

Mr. Manny Prieguez asked if the proposed project is being reviewed under former City of Miami Zoning Code 11000 or the current Miami 21, and Mr. Fernandez replied this project was presented before Miami 21 became into effect and is therefore being reviewed under Zoning Code 11000. Mr. Prieguez asked for the estimate cost of the project, and Mr. Lewis replied between $2.5-$3 million.  Mr. Lewis added the seawall permit will be executed soon and construction is anticipated to commence in a few weeks (as soon as variances are approved).

MRC Chairman closed discussion on the item and provided three potential motions: 1) motion to support the project as proposed, 2) motion in favor of UIWG Chair Murley’s recommendations or 3) create an entirely new motion.

Dr. Martin asked if this project will be presented before the City of Miami’s Planning & Zoning Appeals Board, and Mr. Fernandez replied yes, adding it will firstly be presented before the City of Miami Waterfront Advisory Board tomorrow evening.

Mr. Manny Prieguez moved a resolution to support the proposed “Big Fish” project as presented. The resolution was seconded by Mr. Javier Betancourt and passed 7-4.

MRC Chairman Aguirre thanked Mr. Fernandez and Mr. Lewis for their presentation.

III. Review of 2nd Draft Palmer Lake Charrette Area Plan - MRC Chairman Aguirre welcomed Mr. Jess Linn and Mr. Eric Silva, Miami-Dade County Department of Planning and Zoning, whom provided a quick review of the project. Mr. Silva noted Miami-Dade County embarked on a study of the area over a year and a half ago, and County Commissioner Bruno Barreiro created a Steering Committee to oversee the process. Mr. Silva noted the Steering Committee conducted several public meetings and a workshop in the fall in order to develop a draft plan of transportation improvements and initiatives. Mr. Silva noted the draft plan being presented today is the most current version. Mr. Silva outlined the subject boundary areas (which includes the Miami River, the Tamiami Canal and the MIC) and provided a few examples of proposed uses such as hotels, offices, a community center and marine-industrial businesses.

MRC Chairman Aguirre deferred to MRC Managing Director Bibeau to provide the opinion of UIWG Chair Jim Murley. Mr. Bibeau noted this item is featured on page 6 of the distributed June 27, 2011 UIWG public meeting minutes.

Mr. Bibeau called the board’s attention to the following three PowerPoint slides relating to Palmer Lake:

• Map included in the 1st draft Palmer Lake Charrette Area Plan in which waterfront properties along the Upper River were titled, “Marine Industrial Area.” Mr. Bibeau noted the Steering Committee revised (votes of 3-2 and 4-1) most current draft title from “Marine Industrial Area” to “Riverside Area.”

• 10/25/10 Palmer Lake Charrette Area Plan Powerpoint Map depicting the waterfront properties as “Water Dependent Use” which was changed by the Steering Committee (votes of 3-2 and 4-1) to the most current draft title “Riverside Area”

• Aerial of the adopted Miami-Dade County Comprehensive Development Master Plan designating the referenced upper river waterfront properties as “marine industrial.”

• Aerial of the Palmer Lake Charrette Area Future Land Use Map with the waterfront properties listed as “Industrial and Office”

Mr. Bibeau stated UIWG Chair Murley recommended the MRC find the 2nd Draft Miami-Dade County Palmer Lake Charrette Area Plan to be consistent with the Miami River Corridor Urban Infill Plan, Miami River Greenway Action Plan and the Miami River Corridor Multi-Modal Transportation Plan with the following three conditions:
1) Revert to the original “Marine Industrial Area” title contained in the previously distributed 1st draft Palmer Lake Charrette Area Plan
2) Revert to the original “Urban Center” symbol on the County’s Comprehensive Development Master Plan / Land Use Plan, and or expand the area to the entire Palmer Lake Study boundary, excluding the small “Marine Industrial Area.” Mr. Bibeau noted UIWG Chair Murley has no objection to Urban Center Zoning so long as it excludes the waterfront parcels only in the marine industrial area
3) Revert to the distributed 1st draft Palmer Lake Charrette Area Plan, which does not recommend a new all-inclusive zoning category be created for the entire study area, including the small “Marine Industrial Area,” to the maximum extent allowable per the adopted Comprehensive Plan.  The existing zoning and land use already allows some mixed-uses in this waterfront industrial area.

MRC Chairman Aguirre asked if the change of name/title from publicly presented 1st draft’s “Marine Industrial Area” to Steering Committee revised 2nd draft “Riverside Area” would have an implication to land use, and Mr. Silva replied no. MRC Chairman Aguirre therefore asked why the name is being changed, and Mr. Silva explained the original title had created confusion, as people believed it pertained to zoning. Mr. Silva noted the first recommendation actually pertains to land use, while the last two recommendations pertain to zoning.

Mr. Christian Larach stated he had attended the most recent Palmer Lake meeting in which it had been explained that leaving the restriction of marine industrial would scare away potential developers whom wished to use these properties for reasons other than their designated uses. Mr. Bibeau noted the map key does not include the term “use,” but instead “area.”

Mr. Betancourt asked about the next steps to implement the plan, and Mr. Silva replied the next step is to go back and look at re-zoning the area to implement the concepts for the Urban Center, i.e. potentially allowing more uses, such as residential and retail, and reviewing site design requirements to allow more pedestrian-oriented buildings, landscaping, drainage, wider sidewalks, etc.  Mr. Silva explained there are essentially three sides to this process – MDC Zoning, MDC Public Works and the private sector.

Mr. Silva noted he had spoken to the MDC Planning and Zoning Director regarding UIWG Chair Murley’s recommendations, #’s 2-3, and noted the concept of pairing residential or retail uses with marine industrial uses had been addressed as a possible solution. Mr. Silva explained that essentially, residential or retail uses would be allowed if a water dependent/related component is included, such as a commercial marina, charter business, etc. Mr. Silva noted the MRC’s June 27, 2011 UIWG minutes (which contain UIWG Chair Murley’s recommendations) will be included in the staff report/back-up material for the Palmer Lake resolution when it is presented before the Planning Board and subsequent Board of County Commissioners meeting.

MRC Chairman closed discussion on the item and provided three potential motions: 1) motion to support the 2nd Draft Palmer Lake Plan as proposed, 2) motion in favor of UIWG Chair Murley’s recommendations or 3) create an entirely new motion.

Ms. Patty Harris moved a resolution to approve UIWG Chair’s recommendation for the MRC to find the 2nd Draft Miami-Dade County Palmer Lake Charrette Area Plan to be consistent with the Miami River Corridor Urban Infill Plan, Miami River Greenway Action Plan and the Miami River Corridor Multi-Modal Transportation Plan with the following three conditions:
1) Revert to the original “Marine Industrial Area” title contained in the previously distributed 1st draft Palmer Lake Charrette Area Plan
2) Revert to the original “Urban Center” symbol on the County’s Comprehensive Development Master Plan / Land Use Plan, and or expand the area to the entire Palmer Lake Study boundary, excluding the small “Marine Industrial Area.”
3) Revert to the distributed 1st draft Palmer Lake Charrette Area Plan, which does not recommend a new all-inclusive zoning category be created for the entire study area, including the small “Marine Industrial Area,” to the maximum extent allowable per the adopted Comprehensive Plan

The resolution was seconded by Ms. Megan Kelly, and was passed 10-1.

MRC Chairman Aguirre thanked Mr. Silva and Mr. Linn for their presentation.

IV. Review Draft City of Miami Ordinance Pertaining to Publicly Accessible Riverwalk - MRC Chairman Aguirre noted staff has emailed and distributed copies of the draft legislation. Mr. Bibeau noted MRC staff recommends approval of the draft legislation as it will benefit the private sector funding and construction of the publicly accessible riverwalk, which is instrumental in the continued implementation of the Miami River Greenway Action Plan. Mr. Bibeau added the legislation was drafted by the City Administration whom will be recommending approval of this item at the July 14 Miami City Commission meeting. Mr. Bibeau noted the MRC’s advisory recommendation will also be presented to City Commissioners this Thursday, July 14.

Ms. Sallye Jude moved a resolution to approve the draft ordinance as it will benefit the construction of a publicly accessible riverwalk and will assist in the continued implementation of the Miami River Greenway Action Plan. The resolution was seconded by Mr. Javier Betancourt and was unanimously adopted, 11-0.

V.  Presentation of SR 836 Project Development & Environmental (PD &E) Study- MRC Chairman Aguirre welcomed Florida Department of Transportation (FDOT) Project Manager Vilma Croft. Ms. Croft noted the project is a joint venture between FDOT and the Miami-Dade Expressway Authority (MDX), and deferred to project consultant Carlos Rodriguez, Metric Engineering, to provide additional information.

Mr. Rodriguez stated the State Road 836 Project Development and Environment (PD & E) Study commenced in the 1990s, and extends from NW 17th Avenue, over the Miami River, to the Interchange of SR-836 / I-95 & I-395.  Mr. Rodriguez distributed a series of maps/aerials depicting proposed project objectives.

Mr. Rodriguez noted NW 17th Avenue, NW 12th Avenue, and I-95 Interchange are closely spaced together which creates safety and operational issues.  For example, it is quite difficult for commuters who are heading northbound along NW 12th Avenue, starting west on I-836 before needing to quickly veer several lanes to the left exit onto I-95 North due to the lanes “bottlenecking,” which causes confusion and congestion along the eastbound entrance ramp.

Mr. Rodriguez noted deficiencies are being addressed by developing a system of “connectors.” Mr. Rodriguez illustrated aerial #1 of “Building Alternative 11-A,” which includes the following project objectives (the majority of which are located on the northeastern side of the Miami River, towards I-95):

• Provide a new elevated eastbound ramp for the exclusive use of the NW 12th Avenue entering traffic destined to I-95 (north and south) and to I-395 east (Eastbound SR 836 traffic will continue using the existing northbound and southbound ramps to I-95)

• In the westbound direction, a new elevated ramp will be provided from southbound I-95 to westbound SR 836 with a new off ramp at NW North River Drive to provide direct access to the Civic Center / Health District

• Existing eastbound entrance ramps at NW 12th Avenue will be tied to a new eastbound connector providing access to I-95 North and I-395 East

• New off-ramp provides access from southbound I-95 to Civic Center Complex Area and locations to the south

• Existing off-ramp at NW 12th Avenue will serve traffic originating from I-395 and  northbound I-95

• Access to Jackson Memorial Medical Center Complex from southbound I-95 is also provided via existing off-ramp at NW 14th Street

• New ramp will provide access to northbound I-95 only from the NW 12th Avenue area

• Existing eastbound I-836 to northbound I-95 ramp to remain for SR 836 West mainline traffic

• Existing ramp will provide access to southbound I-95 from both eastbound SR 836 and the NW 12th Avenue Area

Mr. Rodriguez illustrated aerials 2-4 which depict how the project will impact the Miami River.

• Aerial 2, “Alternative 11-A Proposed Pier Locations”: shows the proposed widening of the SR 836 Bridge over the Miami River to create two more vehicular lanes, one in both directions. The green dots depicted in the aerial represent the additional columns required to widen the bridge

• Aerial 3, “New Fender System” proposed by MDX: The green dots depicted in the aerial represent the proposed pier locations in relation to the new fender system. Mr. Rodriguez noted the new fender system is moving forward

• Aerial 4, Cross section of a typical cantilevered structure that has been widened (with columns/piers)

Mr. Rodriguez noted the entire project is being conducted within MDX public right-of-way.

MRC Chairman Aguirre asked if any aspects of the project will narrow the existing federal navigable Miami River Corridor, and Mr. Rodriguez replied no. MRC Chairman Aguirre asked if the river’s depth would be reduced, and Mr. Rodriguez replied no. MRC Chairman Aguirre asked if the pile-on/pier construction would cause any shoaling of the navigable corridor, and Mr. Rick Crooks, EAC Consulting/MDX, explained a bridge hydraulic report will be required which will determine any potential impacts of this nature. If any detrimental impacts to the project are identified, Mr. Crooks noted a mitigation plan would be developed.

Mr. Dubin noted he could not support the proposed elongation of the existing fender system which may have a negative impact on vessel navigation especially for tug boats, therefore should be referred to marine industrial businesses for consideration and direct input. Mr. Crooks stated FDOT developed the proposed fender system with coordination from and according to U.S. Coast Guard standards and guidelines.

MRC Chairman Aguirre deferred to MRC Managing Director Bibeau to provide the opinion of UIWG Chair Jim Murley. Mr. Bibeau noted the distributed June 27, 2011 UIWG public meeting minutes contain language requesting the incorporation of signage, especially at exit ramps, informing commuters that they are entering the Miami River area. In addition, Mr. Bibeau noted that during the June 27 UIWG public meeting, he had not been made aware nor noticed until now that the proposed new fenders are significantly longer than the existing fenders and when between the fenders the federal navigable channel width is significantly reduced from 150 feet wide to only 75 feet wide.

Mr. Bibeau noted UIWG Chair Murley was supportive of the proposed $240 million new construction project and had recommended the MRC find the proposed SR 836 improvements consistent with the Miami River Corridor Urban Infill Plan and the Miami River Corridor Multi-Modal Transportation Plan contingent that the project 1) include shoreline stabilization and a public riverwalk (per standard operating procedure for any new construction along the Miami River); 2) develop a Maintenance of Traffic plan for incoming and outgoing vessels to promote safe navigation and 3) incorporate signage, especially at exit ramps, informing commuters that they are entering the Miami River area.

MRC Chairman closed discussion on the item and provided three potential motions: 1) motion to support the SR 836 project as proposed 2) motion in favor of UIWG Chair Murley’s recommendations or 3) create an entirely new motion.

Mr. Javier Betancourt moved a resolution to find the proposed SR 836 improvements consistent with the Miami River Corridor Urban Infill Plan, the Miami River Corridor Multi-Modal Transportation Plan and the Miami River Greenway Action Plan, contingent that the project 1) include shoreline stabilization and a public riverwalk (per standard operating procedure for any new construction along the Miami River); 2) develop a Maintenance of Traffic plan for incoming and outgoing vessels to promote safe navigation and 3) incorporate signage, especially at exit ramps, informing commuters that they are entering the Miami River area. The MRC resolution was seconded by Dr. Ernie Martin and adopted 10-1.

MRC Chairman Aguirre stated he appreciated any and all efforts to reduce the dangerous and chaotic traffic flow along SR 836 and thanked FDOT and MDX for their presentation.

VI. New Business- MRC Chairman Aguirre noted the MRC’s distributed press package contains wonderful news indicating the recent acquisition of the Merrill-Stevens Dry Dock Company by Marlow Yachts.  MRC Chairman Aguirre stated owner David Marlow is equipped with years of experience in the yachting industry (regionally and internationally) and is excited to become a part of the river’s marine legacy.

Mr. Bibeau announced the Miami River Commission will not meet in August, and due to the Labor Day holiday, the next publicly noticed MRC meeting will be held on Monday, September 12, noon at the United Way Ryder Conference Room, 3250 SW 3rd Avenue.

The meeting adjourned.

I. Chair Report –MRC Vice Chairman Jay Carmichael stated the MRC was short of quorum and therefore deferred entertaining a motion to approve the MRC’s distributed July 11, 2011 meeting minutes to the October 3, 2011 MRC meeting.

Vice Chairman Carmichael noted the rotating PowerPoint featuring pictures from three MRC- funded and co-coordinated Miami River Greenway Beautification Volunteer events held in July and August. Mr. Brett Bibeau, MRC Managing Director, distributed the following document:

“Future Scheduled Miami River Greenway Beautification Volunteer Events
Saturday, September 10, 2011
Partners/Sponsors: University of Miami Butler Service Center, Delta Epsilon Psi, Florida Wood Recycling and Florida Drawbridge
Time: 11 am to 1 pm
Location: Miami River Greenway along North River Drive, from Lummus Park (250 NW North River Drive) to I-95
Activities: planting along the greenway, refurbishing marine life murals painted on the 1ST and Flagler Bridges, removing litter and weeds, and spreading mulch made from recycled wood

Saturday, September 17, 2011
Partners/Sponsors: MIRA, Florida International University’s Lend A Hand Student Association, Palmer Trinity School and Miami-Dade Coastal Cleanup
Time: 9-11 am
Location: Miami River Greenway along South River Drive, from NW 27th Avenue Bridge to NW 20th Street (free parking at 2980 NW South River Drive)
Activities: refurbishing sunset mural painted beneath the 27th Avenue Bridge and removing litter/debris along the Miami River’s shoreline

Sunday, October 2, 2011
Partners/Sponsors: University of Miami Butler Service Center, Florida Wood Recycling and Florida Drawbridge
Time: 11 am to 1 pm
Location: Miami River Greenway along North River Drive, from Lummus Park (250 NW North River Drive) to NW 5th Street Bridge
Activities: planting along the greenway, painting, removing litter and weeds, and spreading mulch made from recycled wood

Saturday, October 15, 2011
Partners/Sponsors: MIRA and Florida International University’s Lend A Hand Student Association
Time: 8:30 am to noon
Location: Miami River Greenway at 1407 NW 7th Street and opposite shore along NW 11 ST from NW 12th Avenue to Mahi Shrine Temple
Activities: replanting fruits and vegetables in free community garden, planting trees, painting and shoreline cleanup

Saturday, October 29, 2011
Partners/Sponsors: University of Miami Butler Service Center, Florida Wood Recycling
Time: 11 am to 1 pm
Location: Miami River Greenway along South River Drive, from José Martí Park to NW 1st Street (10 SW South River Drive)
Activities: planting along the greenway, painting, removing litter and weeds, and spreading mulch made from recycled wood

Saturday, November 12, 2011
Partners/Sponsors: MIRA and Florida International University’s Lend A Hand Student Association
Time: 8:30 am to noon
Location: Sewell Park, 1801 NW South River Drive
Activities: shoreline cleanup and repairing park paths using mulch made from recycled wood

Saturday, December 3, 2011
Partners/Sponsors: MIRA and Florida International University’s Lend A Hand Student Association
Time: 8:30 am to noon
Location: Miami River Greenway along North River Drive, from Lummus Park (250 NW North River Drive) to NW 5th Street Bridge
Activities: planting along the greenway, removing litter and weeds, and spreading mulch made from recycled wood; possibly painting new mural beneath 5th Street Bridge”

Ms. Sallye Jude reported litter continues to reoccur in City owned public rights of way along the Miami River, including in front of and adjacent to her property, the Miami River Inn (118 SW South River Drive), and suggested requesting assistance from the City of Miami to help remove this litter.  Ms. Jude affirmed there needs to be some sort of public awareness campaign created to encourage residents in her neighborhood-and throughout the City of Miami-to change their thinking in regards to littering (i.e. focus on the negative impacts of littering).

Mr. Philip Everingham noted the unfortunate demise of Hands on Miami, a non-profit organization whom had graciously assisted the MRC in securing volunteers for Miami River beautification events in the past, and asked Mr. Bibeau for an update of volunteer coordination/numbers for future Miami River beautification events. Mr. Bibeau noted the University of Miami, Florida International University’s Lend a Hand Organization, and MIRA are assisting the MRC in securing/matching the same level of volunteers for future beautification events, and the MRC is grateful for their continued assistance and volunteer labor support.
  
Vice Chairman Carmichael provided an update regarding the MRC’s Miami River Voluntary Improvement Program, or “VIP”:

On behalf of the MRC, Vice Chairman Carmichael thanked 1) The City of Miami for removing a derelict vessel on the south shore, west of 22 Ave and 2) Miami-Dade County Public Works for removing the piles of illegal dumping and painting over graffiti on the 2nd Ave Bridge.

II. Presentation of Draft Summary Report for Wagner Creek “Walk the WBID” (Water Body Identification) Exercise-The MRC welcomed Mr. John Abendroth and Ms. Anita Nash, Florida Department of Environmental Protection (FDEP) whom presented the Power Point, “Wagner Creek Seybold Canal Walk the WBID Summary.” The Power Point includes an “Action Items Table”/ checklist of “Next Steps and Follow-up Actions...to reduce fecal coliform levels in Wagner Creek, the related figure, the entity carrying out the activity, the date of completion or initiation, and the action that was taken to ensure that all the necessary follow-up actions are taken.”  Mr. Abendroth stated Wagner Creek is on FDEP’s Verified Impaired Waters list (for unusually high levels of copper, mercury, dioxin, etc.)  Mr Abendroth stated although the coliform standard is 400, one time the Wagner Creek water quality sample detected a count of 550,000.  The counts are higher in the wet season, seeming to indicate the stormwater system is a primary source of the contamination.

• Vice Chairman Carmichael asked how to elevate Wagner Creek as a high funding priority to improve the waterway, and Mr. Abendroth replied initiating efforts, such as Walk the WBID, will help attract attention and focus on this impaired water body; Mr. Abendroth explained the Walk the WBID summary document can be used in an effort to potentially “bump up” priority rankings for state funding

• Vice Chairman Carmichael asked if sampling results for Wagner Creek are sent directly to FDEP, and if FDEP has authority to order more testing if high fecal coliform results are reported. Mr. Abendroth replied the local agencies, specifically DERM, is responsible for strategic monitoring and conducting/reporting sampling, and the plan does recommend that within 24 hours a high water quality sample be followed up with 2 more tests, below and above the original location to attempt to determine the location of the contamination source.

• Vice Chairman Carmichael stated the report designates the Miami River Commission as the lead entity/agency, which he noted does not have the jurisdictional authority to directly implement or require implementation of the action plan for the Walk the WBID effort. Mr. Abendroth thanked Vice Chairman Carmichael for the clarification and explained FDEP was the lead entity in terms of uniting the local agencies to conduct the Walk the WBID effort, yet viewed the MRC’s Stormwater Subcommittee as simply the coordinating agency that will help ensure that all parties continue to work in unison to monitor and implement the Action Plan.  The MRC will keep implementation of the Action Items on the radar, and coordinate the agencies, and report to FDEP if agencies are not helping along.  Mr. Abendroth noted the agencies have been working well together and been pretty successful in making the Plan and hopes it will continue through the implementation of the plan’s action items.

• Mr. Abendroth noted FDEP created the multi-page Action Table to keep track and monitor the progress of all WBID-related items. Vice Chairman Carmichael asked if all the agencies listed in the report have been made aware of their responsibilities, and Mr. Abendroth replied this effort requires ongoing “follow up” as he believes not all entities and property owners have been made sufficiently aware at this moment in time

• Vice Chairman Carmichael asked about the process to conclude the presented report, and Mr. Abendroth stated that, as far as FDEP is concerned, the presented report is a final product which will be discussed at future SSC meetings where all participating agencies will continue to meet, track, monitor and report outcomes

• Vice Chairman Carmichael asked if the report is focused on addressing fecal coliform, and if so, will dioxins be addressed in the future. Mr. Abendroth replied this report / plan is designed to address means to achieve the TMDL (Total Maximum Daily Load or water quality standard) for the waterbody, of which a TMDL for dioxin has not been established.

Mr Abendroth noted the following examples of general Action Items:

• Agencies are investigating possible illicit connections

• Allapattah Produce market remains a source of storm water contamination which needs to be addressed

• Pet Waste stations should be installed along waterway

• Roaming Chicken along waterway should be removed

• Blocked stormdrains should be vacuumed and maintenance frequency increased

Vice Chairman Carmichael thanked Mr. Abendroth, Ms. Nash and local agencies for their continued efforts, and noted the SSC will continue to monitor and prioritize the report’s Action Items, which are a “living document” as well as discuss project benchmarks via its monthly, publicly noticed meetings. Vice Chairman Carmichael asked if FDEP would remain the “keepers” of the document in order to make any needed revisions, and Mr. Abendroth replied yes. 
  
III. SR-836/Miami River Fender Replacement Revised Plans- The MRC welcomed Mr. Juan Quiroga and Mr. KT Lin, EAC Consulting and Mr. Morgan Villanueva, CAP Engineering, whom presented a newly revised plan of the proposed fender (on the river’s north and south shore) for the project entitled, “S.R. 836 Bridge Over the Miami River Fender System Replacement.”  

Proposed changes:

• “The Northeast corner of the fender system was modified with a waiver from the FDOT index 21900 to meet the Tug Boat maneuvering requirements per the recommendation of P & L Towing and the U.S. Coast Guard

• The Southeast corner of the fender system was modified with a waiver from the FDOT Index 21900 per request of P & L Towing and Merrill Stevens”

The MDX representatives stated they reduced the length of the fenders as much as possible to assist navigational needs (via reducing the length of the area where the width of the federal navigable channel is reduced from 150 feet wide to 75 feet wide between the fenders) without compromising the safety of the I-836 Bridge columns, which the fenders protect.
     
Mr. Michael Lierberum, U.S. Coast Guard Bridges, stated the distributed, revised renderings are based on P & L Towing’s objections expressed to FDOT project consultants and the U.S. Coast Guard during a recent meeting. Mr. Lieberum stated it has come to his attention that more objections have been expressed since that meeting, and the proposed new fenders are significantly longer than the existing fenders, therefore the U.S. Coast Guard will require MDX to enter into a formal permitting process for this project.

Vice Chairman Carmichael asked if a public, rule-making procedure/plan needs to be initiated, and Mr. Lieberum explained yes, the U.S. Coast Guard will embark on a standard bridge permit application process which will need to be publicly-noticed. Vice Chair Carmichael asked Mr. Lieberum to provide a timeframe for the public process. Mr. Lieberum explained after the permit application is received, the proposed plans and permitting process is advertised throughout the effected community via a notice to mariners, public notices, direct mailing list, including the MRC.  Then there is a 30-60 day period to receive comments on the proposed plans.  Mr. Richard Dubin asked if the MRC would be included in this permitting process, and Mr. Lieberum replied yes. Mr. Lieberum explained the U.S. Guard will firstly attempt to mitigate any issues/objections expressed as a result of the public process, and the process timeline depends on any potential submitted objections to the notices and proposed plans.  Mr. Lieberum explained, however, that if any revisions need to be made (if consensus is not reached), then the project will go out to another public notice. Mr. Lieberum noted the project currently includes two design variances, yet if a design exemption is requested as part of the process, then the project would need to be re-designed.

Mr. Morgan Villanueva, CAP Engineering, noted MDX is required by FDOT to inspect its fender systems every two years.  Mr. Villanueva noted the fender system in question has greatly deteriorated, and therefore it is better to replace it in order to comply with FDOT mandated standards.  Vice Chairman Carmichael asked if these are the minimum standards promulgated by FDOT, and Mr. KT Lin, EAC Consulting, replied yes, adding that the project consultants are trying to accommodate vessel traffic as much as possible while abiding by FDOT’s current standards based on the planned (yet to be funded or constructed) widening of I-836.  The revised / current proposed plans are based on a planned / widened I-836, and includes 2 design variances to remove unnecessary extra fender length, instead of the more complicated design exception.  The MDX engineer consultants stated they hoped Marlow Merrill Stevens, P&L, the MRC, and broader community have no objections to these revised and improved 3rd draft 836 fender replacement plans.

Mr. Dubin asked if everyone has agreed to the distributed, proposed fender renderings, and Mr. Villanueva replied they are awaiting a new reply from Marlow Merrill Stevens regarding the recent revisions to the plans.  Mr. Dubin asked about the life span of the new fenders, and Mr. Lin replied the new fenders are estimated to last 75 years and the existing fenders are 40 years old.

Vice Chairman Carmichael asked how soon the Coast Guard could publicly notice the project, and Mr. Lieberum replied the permit application would firstly need to be submitted.  Vice Chairman Carmichael asked for the project’s timeline, and Mr. Villanueva replied that once the layout has been approved, the project will then be advertised and construction could potentially commence within two months. Vice Chairman Carmichael asked if funding is in place, and Mr. Villanueva replied yes, and noted the design phase for FDOT’s project to widen SR 836 is expected to start between 2015-2016.

Mr. Bibeau stated the existing length and materials of the fenders have provided sufficient protection of the bridge structures, as he is not aware of any accidents / incidents, and Mr. Lieberum replied he would need to check his records in order to confirm or refute this information.

The MRC thanked EAC Consulting and CAP Engineering for their presentation.

IV. MRC Subcommittee Reports-
A. Greenways Subcommittee – Mr. Bibeau noted Greenways Subcommittee (GSC) Chairman Dr. Ernie Martin was unable to attend today’s meeting, and therefore read the following report into the record:

“The Greenways subcommittee’s June 22 public meeting’s minutes were distributed.  The Miami River Greenway remains currently under construction.  As construction nears completion on the north shore section from NW 7 Ave to NW 12 Ave, the City of Miami is about to break ground on a section of the south shore, from NW 1 Ave to the NW 5 ST Bridge.  Director Bibeau authored the 2 grant Federal grant applications which resulted in $2 million in grants awarded to the City for construction of these two sections of the public Miami River Greenway.
MRC staff distributed another article regarding the City’s ongoing efforts to bring into compliance 10 public riverwalk sites at development’s, which were not constructed consistent with City of Miami approvals.  Over the summer, MRC staff and Chairman Aguirre joined City Department Directors on site visit / inspections of the 10 subject properties.  Since then, the MRC was provided a City of Miami document which indicated the temporary Epic Sales Center, which is an obstruction to the riverwalk, will be demolished in January 2012.  This item will again be on the City of Miami’s Televised and public Waterfront Advisory Board’s agenda tomorrow evening, 6:30, City Hall, 3500 Pan American Drive.

In addition to the three Miami River Greenway Beautification events funded and co-coordinated by the MRC in July and August, last Saturday, September 10, we MRC hosted and funded a volunteer project along the south shore from Lummus Park to I-95.  MRC staff has distributed a list of our next 7 volunteer cleanups scheduled on weekends in September, October, November and December.

The Greenways subcommittee’s next regularly scheduled 2nd Wednesday of the month public meeting will be this Wednesday, September 14, 1407 NW 7 ST, at 2 PM.”

B. Stormwater Subcommittee – SSC Chair Sallye Jude provided the following report:  The Stormwater subcommittee’s July 6 public meeting minutes were distributed.  The September public meeting was last Wednesday, September 7.  Therefore the next regularly scheduled first Wednesday of the month public meeting is October 5, 2011, 10 AM, 1407 NW 7 ST.

I would like to thank FIND which awarded the City of Miami $1 million for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project.  The project recently obtained its final permit from the Army Corps of Engineers, and already has fully executed permits from DERM and FDEP, therefore is finally a fully permitted and truly “shovel ready” project, subject to the City securing the remaining needed funding.  MRC staff continues to assist the City and their effective consultants in applying for numerous State and Federal grant opportunities for the project.  Several submitted grant funding applications are pending at this time.  In addition, Ms Jude stated perhaps the President “Obama Jobs Program” may assist.
Vice Chairman Carmichael noted that according to the July SSC meeting minutes, the Miami-Dade County Department of Environmental Resources Management (DERM) had conducted an inspection of the VA hospital’s sanitary sewer system, and had agreed to provide the results of the smoke and flow / dye testing in this area to the SSC. Mr. Carmichael asked if the SSC had received the results of this testing, and Ms. Jude replied the SSC has yet to receive a report of these results. Vice Chairman Carmichael noted in the July SSC meeting minutes that the South Florida Water Management District (SFWMD) staff member whom had been responsible for researching/identifying the ownership and legal maintenance of the tributaries along the Miami River had left the SFWMD due to budgetary issues. Vice Chairman Carmichael asked when the SFWMD anticipated resuming this research-as there are only two remaining tributaries: the North and South Fork- and Mr. Bibeau replied he had only just recently touched base with the new SFWMD Contract Manager Nestor Garrido, and hoped to be able to address this matter with him in the near future.

V. New Business- MRC staff distributed the following document:

Miami River Commission 2012 Meeting Schedule

Miami River Commission meetings generally take place on the first Monday of each month (except August), noon, at the Robert King High New Board Room, 1407 NW 7 Street. Should the first Monday fall on or adjacent to a holiday, the MRC meeting will be held on the second Monday of that month.

• January 9

• February 6

• March 4

• April 2

• May 7

• June 4

• July 2

• The MRC does not meet in August

• September 10

• October 1

• November 5

• December 3

MRC Director Bibeau announced the next publicly noticed MRC meeting will be Monday, October 3, noon, 1407 NW 7 Street.  The meeting adjourned.

I. Chair Report

Chairman Horacio Stuart Aguirre stated the rotating PowerPoint presentation features pictures from two recent MRC funded and co-coordinated Miami River Greenway Beautification Volunteer events, held on Saturday, September 10 and 17. The MRC will present plaques of appreciation to all of our volunteer groups and sponsors during our December meeting.
Mr. Gary Winston moved adoption of the MRC’s previously distributed draft July 11 and September 12 public meeting minutes. The motion was seconded by Ms Marlene Avalo, and unanimously adopted by the MRC.

Chairman Aguirre stated everyone received an email from Ms Ashley Chase, resigning from the MRC because she accepted another job with the University of Miami, where she will also be attending graduate school. We wish her well with her exciting future endeavors.

Chairman Aguirre indicated thanks to the strong support of Miami-Dade members Ms. Sandy Batchelor and Mr. Juan Portuondo, the entire SFWMD Governing Board and administration, despite significant budget cuts, the SFWMD renewed funding for the Miami River Commission. The Fiscal Year 2012 appropriation is for $150,000, which due to these austere financial times is understandably a 40% reduction from the previous year’s $250,000 appropriation. Due to this budget reduction, the MRC Executive Committee, which met just prior to the MRC meeting, agreed the only way to balance the budget is by operating with only Mr. Bibeau as the Managing Director, similar to other non-profit organizations. The Miami River Commission’s Executive Committee suggested the MRC continue hosting monthly public meetings, which include standing monthly updates from the Subcommittee Chairs. The three MRC subcommittee’s may rotate monthly public meetings, therefore each individual subcommittee will host quarterly public meetings, while continuing progress on their various efforts to improve the Miami River corridor. Stormwater Subcommittee Chair Jude agreed to quarterly public meetings, and Urban Infill Working Group Chairman Murley previously agreed to quarterly public meetings, both with public meeting minutes, etc. Greenways subcommittee Chairman Martin stated considering the large amount of activity in constructing the riverwalk by the City, County and private sectors, he would prefer hosting monthly public meetings, and the MRC and Managing Director Bibeau agreed. Dr Martin stated if there was sufficient budget, the MRC should consider hiring a new Assistant Director because two staffers are preferred over one. Chairman Aguirre stated with the recent 40% budget cut, there is insufficient funding to hire a new Assistant Director and have a balanced budget. Chairman Aguirre added the Executive Committee agreed, and indicated after 30 days they would ask Director Bibeau if he still felt comfortable handling the workload alone.

Chairman Aguirre added the MRC’s Executive Board had also reviewed the:

• Miami River Fund Inc’s following 4th quarter financial reports:
• “Miami River Fund, Inc. Accrued Balances as of 6/30/11”
• “Miami River Fund Inc. - Profit & Loss – July 2010 through June 2011,” (Fiscal Year 2010-2011), generated on QuickBooks
• “Miami River Fund Inc. - Profit & Loss – April through June 2011” (4th quarter of Fiscal Year 2010-2011), generated on QuickBooks
• Line item QuickBooks generated printouts of all expenditures and income for the 4th Quarter of FY ‘10-„11 covering April 1 – June 30, 2011, divided into sub-accounts.
• “Miami River Fund, Inc. Funding / Grant Update – September 13, 2011”, lists 39 grant applications
• 16th Annual Miami Riverday (April 14, 2012) Sponsorship Solicitation
• 9th Annual Miami River Map (to be released April 14, 2012) Advertisement Solicitation
• 1st Annual Miami River Calendar (2012) update (12 months sold)

Chairman Aguirre stated he was proud to announce the MRC has been named a finalist for the “2011 Sustainable South Florida’s, Green Education and Outreach Award” from the Greater Miami Chamber of Commerce.

Chairman Aguirre recognized Vice-Chairman Carmichael to present the MRC’s Miami River Voluntary Improvement Program, or “VIP” Update. Vice-Chairman Jay Carmichael stated:

• I would like to thank the City for giving access to our volunteers yesterday to pick up litter from a riverside property on the VIP list
• MRC staff prepared a NOAA grant application, which if awarded would include some Federal funding for future derelict vessel removals.
• MRC staff advised the City of Miami of a Florida Fish and Wildlife Conservation Commission grant opportunity to fund the removal of derelict vessels. The City of Miami is an eligible applicant for this State grant, and the City confirmed they will submit an application before the November 21 deadline.
• Per the direction of the MRC, staff notified the City of Miami about the collapsing seawall on the Seybold Canal, adjacent to the confluence with the Miami River, and the City Deputy Public Works Director is recommending the City issue a Notice of Violation.

III. MRC Subcommittee Reports-
A. Greenways Subcommittee – MRC Greenways subcommittee Chair Dr. Ernie Martin’s September 14 public meeting’s 15 page minutes were distributed. The Miami River Greenway remains currently under construction. Construction on the north shore section from NW 7 Ave to NW 12 Ave, remains scheduled for completion in December 2011. The City of Miami is scheduled to break ground this month on a section of the public Miami River Greenway’s south shore, from NW 1 Ave to the NW 5 ST Bridge.

I would like to thank the Honorable Commissioner Barreiro for recently sponsoring two legislative items needed to help the 6 County owned, funded, designed, and substantially permitted Greenway projects come to fruition. The items were unanimously adopted by the Board of County Commissioners, and we are already seeing results as the County’s Greenway projects are beginning to get back on track towards construction of these critical County owned sections which are gaps needed to be constructed in order to connect with existing sections of the public riverwalk.

The City of Miami has begun implementing their Action Plan to bring the 10 problematic sections of the public riverwalk into compliance. The Action Plan is included in the distributed minutes (for example, the Epic Sales Center, constructed on land where the approved public riverwalk should be located, will be demolished no later than December 2011.) Mr. Winston suggested the City of Miami and Miami-Dade County Legal Departments issue opinions regarding what additional steps maybe necessary to ensure future approved public riverwalks are constructed by the private sector consistent with their City of Miami and Miami-Dade County approvals.

In addition to the two Miami River Greenway Beautification events funded and co-coordinated by the MRC in September, yesterday, October 2, the MRC hosted and funded a volunteer project along the north shore, from Lummus Park to NW 6 Ave. Our second and third Miami River Greenway beautification volunteer events in October are:

Saturday, October 15, 2011
Partners/Sponsors: MIRA and Florida International University’s Lend A Hand Student Association
Time: 8:30 am to noon
Location: Miami River Greenway at 1407 NW 7th Street and opposite shore along NW 11 ST from NW 12th Avenue to Mahi Shrine Temple

• Activities: replanting fruits and vegetables in free community garden, planting trees, painting and shoreline cleanup

Saturday, October 29, 2011
Partners/Sponsors: University of Miami Butler Service Center, Florida Wood Recycling
Time: 11 am to 1 pm
Location: Miami River Greenway along South River Drive, from José Martí Park to NW 1st Street (10 SW South River Drive)
Activities: planting along the greenway, painting, removing litter and weeds, and spreading mulch made from recycled wood

B. Stormwater Subcommittee – MRC Stormwater subcommittee Chair Sallye Jude stated the Stormwater subcommittee’s September 7, 2011 public meeting minutes have been distributed. The next public meeting is this Wednesday, October 5, 10 AM, 1407 NW 7 ST.

I would like to thank FIND which awarded the City of Miami $1 million for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The project recently obtained its final permit from the Army Corps of Engineer’s, and already has fully executed permits from DERM and FDEP, therefore is finally a fully permitted and truly “shovel ready” project, subject to the City securing the remaining needed funding. MRC staff continues to assist the City and their effective consultants in applying for numerous State and Federal grant opportunities for the project. Several submitted grant funding applications are pending at this time.

C. Urban Infill Subcommittee – Jim Murley was unable to attend the meeting, therefore MRC Chairman Aguirre asked Director Bibeau to provide the report. Director Bibeau thanked the Miami-Dade County Public Works Department for emailing that this Friday they will implement a recommendation of the MRC’s Miami River Corridor Multi-Modal Transportation Plan. Starting this Friday, they will restripe NW 17 Ave northbound towards the NW 17 Ave Bridge, which is a relatively inexpensive project which will create an additional vehicular traffic lane to significantly improve traffic flow.

II. Review 4th Draft “Palmer Lake Charrette Area Plan”
The following document was distributed and read into the record:

Memorandum
To: Miami River Commission Board Members
From: UIWG Chairman Jim Murley
Date: 10/7/2011
Re: October 3 MRC Agenda Item II, “Review 4th Draft Palmer Lake Charrette Area Plan”

Today the Miami-Dade County Department of Planning and Zoning distributed the provided, current, 4th draft, “Palmer Lake Charrette Area Plan”, which in my opinion sufficiently addresses the three conditions outlined in my previous 9/23 memo. For example the updated draft’s intent is clearly indicated by repeatedly quoting the County’s adopted Comprehensive Plan Ordinance, “Port of Miami River Subelement, Objective PMR-1, Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses.”
Therefore I respectfully suggest the Miami River Commission (MRC) adopt a resolution recommending approval of the 4th Draft Miami-Dade County Palmer Lake Charrette Area Plan, finding it consistent with the Miami River Corridor Urban Infill Plan, Miami River Greenway Action Plan and the Miami River Corridor Multi-Modal Transportation Plan.”

The following Miami-Dade County document was distributed and read into the record:

“Palmer Lake Charrette Area Plan Report Recommendations September 27, 2011
Current Recommendations to be Deleted

• Zoning code amendments maintaining existing uses and implementing plan recommendations regarding new uses, building standards, right-of-way improvements

• New zoning district applied to the entire study area allowing flexibility of uses to the maximum permitted by the CDMP.

Compromise Option to be Inserted

• Zoning code amendments implementing plan recommendations regarding building standards and right of way improvements, consistent with the Port of Miami River Sub-element Objective PMR-1, which states “Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses”.

• New zoning district applied to the entire study area maintaining permitted marine industrial uses and allowing flexibility of uses to the maximum permitted by the CDMP, consistent with the Port of Miami River Sub-element Objective PMR-1, which states “Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses”.

Current Recommendation to be Revised

• Permitting of uses allowed in Urban Centers, while maintaining permitted marine industrial uses (Riverside Area Entire Study Area), consistent with the Port of Miami River Sub-element Objective PMR-1, which states “Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses”.

Director Bibeau added the current 4th draft “Palmer Lake Charrette Area Plan” has omitted ranking the implementation steps, and kept the revised “Riverside” area title.

Javier Betancourt moved a resolution for the Miami River Commission (MRC) to recommend approval of the 4th Draft Miami-Dade County Palmer Lake Charrette Area Plan, finding it consistent with the Miami River Corridor Urban Infill Plan, Miami River Greenway Action Plan and the Miami River Corridor Multi-Modal Transportation Plan. The motion was seconded by Ms. Sallye Jude, and unanimously adopted.

V. New Business - MRC staff distributed the following document:

Miami River Commission 2012 Meeting Schedule
Miami River Commission meetings generally take place on the first Monday of each month (except August), noon, at the Robert King High New Board Room, 1407 NW 7 Street. Should the first Monday fall on or adjacent to a holiday, the MRC meeting will be held on the second Monday of that month.

• January 9
• February 6
• March 4
• April 2
• May 7
• June 4
• July 2
• The MRC does not meet in August
• September 10
• October 1
  
• November 5
• December 3

The meeting adjourned.

I. Chair Report

The rotating PowerPoint presentation features pictures from the MRC funded and co-coordinated Miami River Greenway Beautification Volunteer event held in Sewell Park on, November 12, 2011. Volunteers from MIRA USA, Florida International University’s Lend A Hand Student Association and Antillean Marine picked up litter along the shoreline and repaired paths using mulch made from recycled wood.
On behalf of the Miami River Commission, The Honorable Mayor Regalado and Chairman Aguirre sincerely thanked the following volunteer groups, and sponsors, of the monthly Miami River Greenway beautification events in 2011. The monthly volunteer events featured over a thousand new plantings, painting murals, pulling weeds, and picking up litter. The following individuals were presented plaques of appreciation, and took a group picture:

1. Mr. Andrew Weimer, Director of the University of Miami’s Butler Service Center. The MRC thanks UM for providing thousands of volunteers to beautify the Miami River, over many years.
2. Ms. Vivian Quintero, Ms. Alejandra Henao, and Ms. Claudia Maas, MIRA USA. The MRC thanks MIRA USA for providing hundreds of volunteers in 2011, and continuing this new partnership in 2012.
3. Ms Angela Layne, Florida International University’s Lend a Hand Student Organization.  The MRC thanks FIU for providing volunteers.
4. Mr Diego Maurente, Delta Epsilon (unable to attend). The MRC thanks the Fraternity for providing volunteers.
5. Ms Sandy Batchelor, South Florida Water Management District. The MRC thanks Ms Batchelor, and the District, for sponsoring the monthly volunteer Miami River cleanup events.
6. Honorable Mayor Regalado. The MRC thanks the Honorable Mayor, and the City of Miami, for sponsoring the monthly Miami River Greenway beautification volunteer events. The City and District funding provides plants, tools, garbage bags, paint, etc.
7. Jesse Schneider, Florida Wood Recycle. The MRC thanks Florida Wood Recycle for providing excellent mulch, made from recycled wood, at an “in-kind” discounted rate.
8. Milton Gonzalez, Brickell Rentals / Budget Rental Car, located at Brickell Motors, 665 SW 8 ST. The MRC thanks Budget Rental trucks for providing an “in-kind” discounted rate for trucks needed to transport hundreds of plants, pallets of recycled mulch, tools, etc. for the volunteers use during the monthly River beautification events.
9. Sonny Hobson, Florida Drawbridge (unable to attend). MRC thanks FL Drawbridge for providing hookups in order for the volunteers to water new plantings.

Ms. Jude moved approval of the MRC’s distributed draft July 11, September 12, October
3, and November 7, 2011 distributed public meeting minutes. The motion was seconded by Ms Batchelor and unanimously adopted.

Chairman Aguirre stated the MRC’s Executive Board met prior to this meeting, and reviewed the Miami River Fund Inc’s (MRFI) accepted clean audit of last fiscal year, MRFI’s accepted 1st quarter Financial report for the current fiscal year, and the MRFI’s approved budget amendments for the current fiscal year. 

The Miami River’s excellent 1st Annual Calendar, featuring the River’s mixed uses, has been
distributed.  The beautiful calendar sold out, and profited $9,875.

Chairman Aguirre recognized Vice-Chairman Carmichael to present the MRC’s Miami River Voluntary Improvement Program, or “VIP” Update. Vice-Chairman Carmichael thanked the City for providing MRC’s volunteers with access to a City owned riverfront property on the public riverwalk’s north shore, just east of the NW 5 ST Bridge, in order to pick up litter. In addition, Vice Chairman Carmichael stated after several months of trading emails with the MRC, he thanked the City of Miami’s Public Works and GSA Departments for partnering to provide needed maintenance of another City owned site along the public riverwalk’s north shore, just east of the SW 1 ST Bridge.

I) Projects -A. Review 4 Proposed Variances, Waivers, and or Exceptions for the “Miami River Apartments”, 2601-2621 NW 16 ST RD -Iris Escarra Esq, Greenberg Traurig, Mr. Joseph Milton, J-Milton and Associates, Mr. Eddy Frances, architect, Bill Eager, Landscape Architect presented the “Miami River Apartments” plans, proposed to be located at 2601-2621 NW 16 ST RD. The proposal features 250 residential rental units, in an 8-story development, both of which are the maximum density allowed under the site’s existing T6-8-0 Zoning & Land Use. Ms. Escarra stated to the east of the site is 2-story residential multi-family, followed by “River Run South” multi-family residential, and to the west of the subject site is a one-story strip mall / retail shopping center. Ms. Escarra noted the proposed “publicly accessible” riverwalk is accessible from the middle entrance of the development, after passing through a proposed security guard gatehouse.   
  
Attendees reviewed and discussed the proposed “Miami River Apartments” following 4 requested variances, waivers, and or exceptions to the City of Miami’s adopted Zoning Code, “Miami 21”:

1) Waterfront building setback – 50 feet required (Miami 21, “3.11 Waterfront Standards,
a. Waterfront Setbacks -1)”, with 28.5 feet proposed (58% of requirement). Applying for a 31.5 foot wide reduction from required waterfront building setback.

2) Public Riverwalk width – 25-foot wide total public riverwalk required by code (Miami 21, “Appendix B: Waterfront Design Guidelines”) with 14-feet wide proposed (56% of requirement). Applying for 11 foot reduction from required public riverwalk width.  Within the total 25-foot wide public riverwalk, the code requires a 15-16 foot wide unobstructed riverwalk pathway (“circulation zone”), with a 6-foot wide unobstructed (“circulation zone”) proposed (39% of requirement).

3) Waterfront Building Sideyard Setbacks – (Miami 21, “3.11 Waterfront Standards, a. Waterfront Setbacks -2)”25% of property width required. Property is estimated 218.8 feet wide, therefore 25% is 54 feet in aggregate sideyards (27 feet-wide each), with 20 feet in aggregate side yards proposed, or 10 feet per sideyard. (38% of requirement) Applying for a 34-foot wide reduction from required waterfront building sideyard setback.

4) Sideyard public access required (Miami 21, “3.11 Waterfront Standards, a. Waterfront Setbacks -2)” to reach public riverwalk -no public access proposed Dr Ernie Martin asked if the proposal will be considered by the City’s Planning Zoning and Appeals Board, which he serves on, and Ms. Escarra replied no, it is being considered by the City Commission on December 15, 2011.

Ms. Escarra stated the project will generate over $2 million in impact fees to the City of Miami, and encouraged the MRC to recommend those fees be used for improvements in the subject Miami River area. Mr Milton noted the proposed project would generate jobs in construction, and long term jobs managing the residential development. Mr. Milton stated based on the purchase price of the land, construction, and rental rates in the area, if the project’s proposed variances (waivers and or exceptions) are not approved, he would land bank the site until the zoning code changes.

Ms Jude stated this is the first project being considered under Miami 21, which incorporated the public Riverwalk requirements previously recommended by the MRC. Chairman Aguirre stated this is therefore an important precedent. Ms Escarra offered a voluntary covenant that if the neighboring parcels create public riverwalks, they would allow public connectivity through their proposed public riverwalk section. Chairman Aguirre stated the vacant site was formerly the “Agra Marine” recreational boatyard, and has a water slip. Mr. Milton stated the water slip is proposed to be filled.

Director Bibeau cited the MRC UIWG’s distributed November 22, 2011 public meeting minutes, which state, “UIWG Chairman Murley suggested the MRC recommend the proposed “Miami River Apartments” comply with the City of Miami’s adopted “Miami 21” Zoning code (recommend denial of the 4 requested variances, waivers and or exceptions). Honorable Commissioner Barreiro stated although the proposed public riverwalk could and should be improved, he could not support the MRC UIWG Chairman Murley’s recommendation, because even if the proposed project is revised / improved by reducing the amount of the 4 variances, exceptions and or waivers, the MRC would still not support the project unless it is completely consistent with Miami 21. Mr. Prieguez stated he could not support the UIWG Chairman’s
recommendation because currently there is no public access to the waterfront at this site, and the proposed project would provide a publicly accessible riverwalk which is better than what is provided today, and is good enough. Director Bibeau asked if the required and proposed 10 feet wide building setback from the street, is reduced via similar waiver (variance and or exception), then that amount of additional width maybe applied to the public riverwalk, making it wider.  Ms. Escarra replied the City’s Planning Department indicated they would rather have the reduction (waiver, variance and or exception) on the waterfront and public riverwalk, rather than the street side. 

Dr. Ernie Martin made a motion for the MRC to recommend the proposed “Miami River Apartments” comply with the City of Miami’s adopted “Miami 21” Zoning Code (recommend denial of the 4 requested variances, waivers and or exceptions). The motion was seconded by Ms. Jude, and adopted 7-5. 
MRC Chairman Aguirre encouraged the proposal to be improved by reducing the 4 requested variances, waivers, and or exceptions, and then bring the revised proposal back to the MRC for consideration.

III. Update on Tamiami Canal Swing Bridge Replacement
Mr Marcos Redondo, Miami-Dade County Public Works, Bridge Branch, and Mr Yao, Hardesty Hanover, made a PowerPoint presentation noting the following:

• MDC has 60% complete construction engineering documents for PD&E’s Alternative 11,
  a 4-lane, one span, bascule Bridge · Proposed new bridge to have 7’ vertical clearance when closed, which is the maximum feasible in available right-of-way
• Proposed new Bridge to have 6’ and 12’ Mesa Beige Miami River Greenway (sidewalks)
• Per MRC’s recommendation, MOA executed to relocate existing historic 1921 bridge to
  serve as a fixed pedestrian bridge over the Miami River’s south fork tributary, connecting
  Fern Isle Park to Park expansion area
• Tamiami Canal channel will be widened to 90-feet wide and 10 feet deep, and no part of
  the structure will be constructed in the widened channel
• Based on discussion at MRC UIWG, a revision has been made to the plans, to allow the
  proposed Bascule span to fully open (minimum 75’ vertical clearance) over the entire 90­
  foot wide channel
• The estimated $31.8 million project is fully funded and estimated to commence
  construction in 2013. Honorable Commissioner Barreiro stated he would inquire and consider making the planned maintenance dredging of the Tamiami Canal to 10 feet deep, in the area of the Tamiami Canal Swing Bridge, down to 15’ feet deep, to match the adjacent Miami River’s recently maintenance dredged 15-foot deep federal navigable channel.

Commissioner Barreiro recommended approval of the presented Tamiami Swing Bridge replacement project as is. The motion was seconded by Ms Jude and unanimously adopted. 

IV. Review Draft City of Miami Ordinance Regarding Storage of Recreational Vessels at Homes in the City of Miami
Attendees reviewed the distributed draft City of Miami Zoning Code Amendment regarding storing recreational boats at homes in the City of Miami. Mr. Everingham noted he represents
the Marine Council on the MRC, and had suggested this item be placed on the MRC’s agenda because the trailer boat community is an important segment of the Miami River’s marine industrial business, and many boat owners can’t afford marina prices. Attendees agreed with the general concept of requiring “Buffering” or facading a boat when stored at a home, with landscaping, walls, fences, etc., and limiting the quantity. Chairman Aguirre stated he was concerned about several portions of the drafted ordinance, which the City Commission approved on 1st reading, and deferred at 2nd reading. For example although most small recreational boats when on the trailer are taller than 6 feet, the draft only allows buffered storage of boats less than 6 feet tall, when on the trailer, which would eliminate most boats from being stored at homes, regardless of being facaded etc. Mr. Bibeau cited the distributed MRC UIWG public meeting minutes which state, “UIWG Chairman Murley recommended the City Commission create a sub­committee to re-draft the ordinance regarding recreational trailered boat storage at homes.” Mr. Carmichael expressed concern about the advisory MRC taking the lead on rewriting the draft ordinance. Mr. Bibeau clarified the MRC would not take the lead, the City of Miami would create their subcommittee, consisting of representatives from the marine and residential communities, including the MRC if invited and desired by the board, to work together to help the City administration redraft their proposed Ordinance. Mr. Everingham made a motion for the City of Miami’s draft Ordinance, regarding storage of recreational vessels at homes, first be considered by the City’s Waterfront Advisory Board and the MRC’s concerns, and consider modeling it after the more acceptable Miami-Dade County Ordinance regarding recreational boat storage at homes. The MRC unanimously approved the motion.

V. New Business-
Chairman Aguirre stated the MRC received the distributed email from US Coast Guard, asking
for the MRC’s advisory recommendation regarding the Marlin’s proposal to provide an
additional bridge lockdown for the 12 Ave Bridge on home game days. In addition, Director Bibeau has distributed the current numerous bridge lockdowns. The Marlin’s, and all interested parties, are invited as always to the next MRC public meeting, when this item will be on the agenda in order for the MRC to vote on an advisory recommendation, as requested by the USCG.

Chairman Aguirre stated: FDOT recently told MRC Director Bibeau at a public hearing that they would conduct 2 public hearings for the 1 ST Bridge PDE study, the first this Thursday, 6 PM, in Lummus Park, and the 2nd in late 2012. When asked if FDOT should present the PDE Alternatives, including no build, restoration, several replacement options, tunnel, etc to the MRC today, in order to formulate our advisory recommendation to present during their December 8 public hearing, FDOT asked to present to the MRC in early 2012. Subsequently, another FDOT representative informed Director Bibeau the draft PDE will be finished by December 30, and will include the preferred alternative. Therefore Chairman Aguirre suggested during FDOT’s December 8 public meeting, MRC Director Bibeau recommend the draft be delayed one month, to provide the MRC an opportunity to provide the specific advisory recommendation for consideration prior to finishing the draft. In addition, Chairman Aguirre suggested MRC Director Bibeau indicate the MRC’s strategic plans support a bascule bridge with sufficient vertical clearance when closed to allow some boats to pass beneath the bridge without opening which creates temporary vehicular congestion, incorporate the Miami River Greenway on both shores, have sufficient navigational clearance, and not negatively impact the immediately adjacent historic Miami River Inn, which is on the National Register of Historic Places. Attendees agreed.

The meeting adjourned.