I. Chair Report – Chairman Aguirre stated the rotating PowerPoint presentation features pictures from the MRC funded and co-coordinated Miami River Greenway Beautification Volunteer event held Saturday, December 3, 2011, on the North Shore from Lummus Park to the NW 5 ST Bridge, with volunteers from MIRA USA. The next Miami River Greenway beautification event is on Saturday, January 21 with volunteers from the University of Miami recognizing Martin Luther King Jr. Day.

Chairman Aguirre noted the MRC’s 2011 Annual Report was distributed.

Ms. Jude moved approval of the MRC’s distributed draft December 5, 2011 public meeting minutes. The motion was seconded by Dr. Martin and unanimously adopted.

II. Review Amendment to 1 of the 5 Proposed Variances, Waivers, and or Exceptions for the “Miami River Apartments”, 2601-2621 NW 16 ST RD - Jim Murley, Chairman of the MRC’s Urban Infill Subcommittee, issued a non-binding recommendation to the MRC on agenda items II, III and IV, which was emailed to the MRC database one week prior to the meeting and printed copies were distributed and referred to during the meeting. MRC Urban Infill subcommittee Chairman Murley’s memo states in part: “As indicated in the MRC’s distributed December 5, 2011 public meeting minutes , the MRC passed a resolution recommending the proposed “Miami River Apartments” comply with the City of Miami’s adopted “Miami 21” Zoning Code and therefore recommend denial of the 4 requested variances, waivers and or exceptions. One of the 4 proposed variances, waivers and or exceptions has been amended as depicted in the distributed revised rendition. Miami 21 requires a minimum 25’-foot wide public riverwalk, featuring a 15’ – 16’ foot wide unobstructed pathway. The revised proposed public riverwalk is now 10’ – 20’ wide, featuring a 10’ – 12’ unobstructed pathway.

It has come to staff’s attention that the previously presented “waterfront building setback” is actually set back 18’ – 27’ from the outer edge of the seawall, for an average of a 22.5 feet wide waterfront building setback, not the previously presented average of 28.5 feet. Since Miami 21 requires a 50-foot waterfront building setback, the proposed reduction is 27.5 feet, or 55%.

As you may recall, the proposal also includes filling land into an existing water slip located on this former recreational boatyard business site.  After the MRC’s 12/5/11 public hearing, the City of Miami’s Planning and Zoning Department posted their evaluation which states, “Elimination of (wet) slip requires amendment to MCNP (Comprehensive Plan) and the Stipulated Settlement Agreement by and between the State of Florida, City of Miami and Miami River Marine Group”. None of the aforementioned 3 parties have indicated any willingness to amend the fully executed Stipulated Settlement Agreement, nor the City’s adopted Comprehensive Plan, which for example states, “PA-3.1.8 -There shall be no net loss of recreational wet-slips on the Miami River.”

With a minimal improvement to one of the 5 proposed Variances, Waivers and or Exceptions, and 2 new concerns regarding a reduction in the actual waterfront building setback and implications of filling the water slip, I maintain my original recommendation for the MRC not to overturn their 12/5/11 recommendation for the proposed “Miami River Apartments” to comply with the City of Miami’s adopted Miami 21 Zoning Code and Comprehensive Plan.”

MRC Greenways subcommittee Chairman Martin stated considering no significant changes were made to the proposed plans, which still requires 5 Variances, Waivers and or Exceptions away from the City of Miami’s Miami 21 Zoning Code requirements, he didn’t support or understand why the divisive item, which had a full and lengthy hearing during the MRC’s December 5, 2011 public meeting, was placed on the MRC agenda again. Ms Escarra, Greenberg Traurig, stated the “Miami River Apartments” plans had been improved (the revised riverwalk rendition was emailed to MRC database one week prior to the MRC meeting and printed versions of the revised plans were distributed at the MRC’s 1/9/12 meeting) and therefore asked for the opportunity to present. Chairman Aguirre stated per Robert’s Rules of Order, in order for the MRC’s previously approved advisory recommendation on this item to be reconsidered, a “motion to reconsider” must be made by someone who voted on the prevailing side of the motion when it was approved on December 5, and then the motion to reconsider must be approved, in order for the MRC to reconsider their previous motion on the item. Mr. Dubin moved a motion to reconsider, and Mr. Bibeau and Chairman Aguirre noted Mr. Dubin was not present at the last MRC meeting, therefore did not vote on the prevailing side of the original motion, as required to move the motion to reconsider. Chairman Aguirre asked again if anyone whom voted on the prevailing side of the MRC’s motion when approved on December 3, 2011 would like to make a motion to reconsider this item.  Hearing none, the item ended. 

III. Review 1st Street Bridge Alternatives – Mr. Luis Costa presented a power point, and the
following three FDOT documents were distributed:

• SW 1 ST Bascule Bridge @ Miami River PD&E Study Project Fact Sheet
• SW 1 ST Bascule Bridge @ Miami River PD&E Study Alignments
• SW 1 ST Bascule Bridge @ Miami River PD&E Study Alternatives
  

Jim Murley, Chairman of the MRC’s Urban Infill Subcommittee, issued a non-binding recommendation to the MRC on agenda items II, III and IV, which was emailed to the MRC database one week prior to the meeting and printed copies were distributed and referred to during the meeting. MRC Urban Infill subcommittee Chairman Murley’s memo states in part, and the following was read into the record:
1st “The Florida Department of Transportation’s (FDOT) three Street Bridge replacement alternatives have been distributed. I recommend FDOT’s “Alternative 1, Existing Alignment”, which has the least impact for right-of-way acquisitions and vessel navigation, inserting the following components:

1. publicly accessible riverwalk along both shorelines proceeding beneath the Bridge i.e. NW 2 Ave Bridge
2. maintain the on-road Greenway along North and South River Drives beneath the Bridge
3. side yard connectors and public spaces connecting the public Riverwalks to the on-road Greenways
4. sensitive to adjacent Miami River Inn (1922) which is on the National Historic Register
5. Maximize vessel navigation
6. Maximize pedestrian bicycle accommodations on the Bridge”
   

Ms Jude clarified the Miami River Inn was constructed in 1905.

Mr Costa stated the current 1 ST Bridge has a 75-foot wide / horizontal navigational clearance, and a 14-foot tall / vertical navigational clearance, and the U.S. Coast Guard (USCG) desires the new bridge to have a 125-foot wide horizontal clearance and 21-foot vertical clearance. Mr Costa stated all three presented Bridge replacement alternatives contain the USCG desired 125­foot wide horizontal clearance, yet a reduced vertical clearance of 18-feet tall at the fender, in part due to the need to proceed beneath the adjacent elevated I-95. Mr Costa provided the following estimated timeline:

• PDE -2011-2013
• Design phase -2014-2016 
• Construction – 2017-2018
  

Mr Costa stated the project does not yet have any appropriated construction funding.

Vice Chairman noted FDOT’s distributed “Project Fact Sheet” states in part, “the most recent Bridge Inspection Report yielded a sufficiency rating of 56.3 on a scale of 100.”  Mr Costa stated the next inspection will take place in 2012, and any Bridge with a rating beneath 50 if needed is shut down for vehicular traffic, and locked in the open position to allow vessel navigation until the Bridge is removed, and or replaced.

Javier Betancourt made a motion for the MRC to recommend FDOT’s “Alternative 1, Existing Alignment”, which has the least impact for right-of-way acquisitions and vessel navigation, inserting the following components:

1. publicly accessible riverwalk along both shorelines proceeding beneath the Bridge
   i.e. NW 2 Ave Bridge
2. maintain the on-road Greenway along North and South River Drives beneath the Bridge
3. side yard connectors and public spaces connecting the public Riverwalks to the on-road Greenways
4. sensitive to adjacent Miami River Inn (1922) which is on the National Historic Register
5. Maximize vessel navigation
6. Maximize pedestrian bicycle accommodations on the Bridge” 

The motion was seconded by Dr Martin, and adopted 12-1.
IV. Miami Marlins Stadium Proposal for Additional Miami River Bridge Closures
Mr Claude Delorme, Miami Marlins, and Ms Cathy Sweetapple, presented the Miami Marlins request for the U.S. Coast Guard to allow the SW 12 Ave Bridge to remain in the down position from 6:46-7:30 on evenings with home games, Monday – Friday, with the exception of allowing openings for vessels under tow, tugs, and emergency vessels. Mr Delorme stated the Marine Council and Miami River Marine Group are not in opposition to the proposal.
The following documents were distributed:

• November 22, 2011 letter from Miami Marlins to U.S. Coast Guard
• Miami Marlins’ “Outreach and Operational Plan, Revised January 5, 2012”
• Miami Marlins’ “Table 1 – NW 12 Ave Bridge Opening Summaries for April – May –
  August – 2010”
• MRC’s summary of 33CFR117.305, current Miami River Bridge closure laws
• Marine Council’s November 23, 2011 letter to Miami Marlins, “RE: Proposed NW 12
  Ave Bridge Closure”
  

Jim Murley, Chairman of the MRC’s Urban Infill Subcommittee, issued a non-binding recommendation to the MRC on agenda items II, III and IV, which was emailed to the MRC database one week prior to the meeting and printed copies were distributed and referred to during the meeting.  MRC Urban Infill subcommittee Chairman Murley’s memo states in part: “The Miami Marlins November 22, 2011 letter has been distributed, requesting additional Miami River Bridge closures, along with the Marine Council’s letter of no objection. I concur with Michael Lieberum, US Coast Guard, whom on November 25, 2011 emailed the MRC: ‘We have no plans on moving forward with any proposal for any type of change to the bridge schedule at this time.

Even with that being said, we have not ruled out a test for 90 days to determine whether a permanent change would be warranted.

The Seventh Coast Guard District Bridge Branch is cognizant of many of the issues that are currently affecting vessel traffic along the Miami River. There are currently too many restrictions, mostly due to the increase of vehicle traffic in the downtown area and the balance that is needed to provide for the reasonable needs of both vehicle and vessel traffic. With this being said it is understood that the vessels are being even more restricted by the current regulations set forth in 33 CFR 117.305 and all the additional events such as triathlons which seem to be getting larger each year’

Therefore I support the US Coast Guard’s decision to not move forward ‘with any proposal for any type of change to the bridge schedule at this time’. If the US Coast Guard permits the proposed 90 day trial, I recommend the pilot period be the shortest time possible to collect the data to make a final decision, and that the data be provided to all parties for further consideration and input, prior to the US Coast Guard making any final decisions beyond the potential trial / pilot period.”

Ms. Patty Harris provided a calendar, with the Marlins home games shaded green, and noted the large quantity. Mr. Claude Delorme, Miami Marlins, and Ms. Cathy Sweetapple, noted the proposal only applies to 51 home weekday games (Monday-Friday), and Ms. Harris calendar shows the weekend hone games shaded green as well. Ms. Harris stated the MRC is responsible for the best interest of the River and its patrons, including boaters.

Commissioner Frank Carollo noted the Marine Council and Miami River Marine Group have not objected to the proposal, which would reduce vehicular traffic, and wanted the MRC to act, “in one voice”. Commissioner Carollo made a motion for the MRC to support the aforementioned proposed 90 day trial / pilot period for the additional closure of the NW 12 Ave Bridge. The motion was seconded by Gary Winston, and unanimously adopted by the MRC.

Michael Lieberum, U.S. Coast Guard Bridge Branch, stated he foresees problems with the proposal, therefore wants to start with a 90 day trial / pilot, in order to collect data and analysis. Mr. Lieberum stated the trial / pilot would start April 1, 2012, and run for 90 days, then the current Federal Law would be back in effect. If no negative impacts are incurred during the 90 day trial / pilot period, then the U.S. Coast Guard would commence the process of considering an amendment to the Federal Register to make the additional Bridge regulation permanent, which could take one additional year.   

Commissioner Carollo stated having water taxi service is a good idea.

V. New Business - Dr. Ernie Martin, Chair of the MRC’s Greenways subcommittee, stated the residents along the Miami River Greenway’s north shore, from NW 5 to NW 12 Ave are displeased because the City of Miami’s contractors have not finished the 10 month construction project, which was contractually required to be completed by the end of 2011. Greenways subcommittee Chairman Dr Martin added other sections of City owned and controlled Miami River Greenway construction, using previously awarded federal grants, have been further
delayed, and fallen off of the City’s previously estimated completion timelines. Commissioner Carollo stated he would express to the Capital Improvements Department, the MRC and his support for finishing construction of the public Miami River Greenway, including the following 6 City projects included in Dr. Martin’s provided written summary:

• B-30651
• B-40686
• B-30336
• B-30130
• B-40643A
• B-30631  

Chairman Aguirre noted the distributed summaries of sponsorship and advertising opportunities for the 16Annual Miami Riverday and 9Annual Miami River Map and Guide

The meeting adjourned.

I. Chair Report – Ms. Jude moved approval of the MRC’s distributed draft January 9, 2012 public meeting minutes. The motion was seconded by Dr. Martin and unanimously adopted.

MRC Vice Chairman Jay Carmichael stated MRC Chairman Aguirre was out of town on business, therefore he would be conducting the meeting. The rotating PowerPoint presentation features pictures from the January 21, 2012 MRC funded and co-coordinated Miami River Greenway Beautification event with volunteers from the University of Miami, recognizing Martin Luther King Jr. Day. Invitations have been distributed to this month’s big Miami River Greenway beautification event, this Sunday, February 12, here, 1407 NW 7 ST, 9-11 AM, with volunteers from UM Law School, Mira USA, and FIU. Volunteers will replant the free community vegetable and fruit garden, and cleanup along the riverwalk’s shoreline.

Vice Chairman Carmichael indicated this was the last call for needed sponsors of the 16th Annual Miami Riverday and 9th annual Miami River Map and Guide. Vice Chairman Carmichael noted the current Riverday budget uses most of the Riverday strategic reserve account.

Last month MRC Director Bibeau submitted the following grant applications:

• County Grants for Riverday -$25,000
• Boat US Grant for Volunteer Miami River Cleanups and Riverday -$4,000
• Federal NOAA grant for derelict vessel removal, Scavenger Water Decontamination Vessel, MRC volunteer Miami River cleanups -$200,000
• Miami Foundation – Miami River Greenway -$25,000

This month Director Bibeau is submitting a National Fish and Wildlife Federation grant application.

Per the request of the City of Miami, last month the Miami River Voluntary Improvement Plan worked with environmental agencies to determine who owns, and or is legally responsible to maintain the Miami River’s North and South Forks. Essentially, the following was communicated to the MRC in chronological order:

1) County said it was South Florida Water Management District’s (SFWMD)
2) SFWMD said it was County’s
3) SFWMD and County met and decided they were both wrong, because it’s FDEP’s
4) FDEP said it’s the County’s 5) County said it’s not County’s.

The MRC expressed concern and suggested a focused meeting with the appropriate representatives of the aforementioned agencies if needed to reach consensus.

Vice Chairman Carmichael thanked the City of Miami’s Marine Patrol, which emailed the MRC that they conducted enforcement activities on the Miami River Sunday January 1 and Wednesday January 18, resulting in boater education, several citations including speeding violations in the River’s required idle no wake speed zone, and 2 arrests. The Marine Patrol indicated they will continue their presence on the Miami River as much as possible, and conduct future enforcement details within the next few weeks.

II. Pending MDX Application for U.S. Coast Guard to Permit Longer I-836 Fenders (replacement)
The following documents were distributed:

• MRC September 2011 Public Meeting Minutes (last time this subject was presented to MRC)
• U.S. Coast Guard (USCG) Public Notice (21-11)
• Alternative (not in permit application), shorter, MDX design for new 836 fenders, with 2 modifications
• Marlow Merrill Stevens LLC 8/29/11 letter in opposition to current permit application, which lengthens existing fenders
• P&L Towing 2/6/12 letter in opposition to current permit application, which lengthens existing fenders

Attendees noted the proposed substantially longer fenders are designed to accommodate a widen 836, which is an unfunded $500 million project. Eddie Rodriguez, P&L towing stated in between the proposed longer fenders, the designated 150-foot wide federal navigable channel is reduced by 50% to only 75 feet wide, which is a hazard to navigation. Mr Rodriguez added just west of 836 is the only location on the River where 2 vessels under tow in opposite directions may safely pass, and lengthening the existing fenders would make this impossible and cause shipping delays. Mr Rodriguez stated vessels passing through the fenders are traveling very slow (entire Miami River is a designated Idle / No Wake Speed Zone). Vice Chairman Carmichael indicated it appears there is no history of collisions with the existing 836 fenders. Director Bibeau added longer fenders increase risk for manatees which would have less room to maneuver out of the way of vessels when in between the fenders. Director Bibeau noted the new fender being installed at Flagler Bridge is the same length as the existing fenders, and none of the Miami River Bridge fenders are this much longer than the Bridge.

Mr Balzebre made a motion of the MRC to recommend the new 836 fenders be the same length as the existing fenders for now, with the new stronger materials and engineering required by the updated regulations. The motion was seconded and adopted 9-1.

III. Update on City of Miami Greenway Projects (B) 30651, 40686, 30336, 30130, 40643A, 30631 – Albert Sosa, City of Miami Director of Capital Improvements Department, provided an update (estimated timeline extensions) to the distributed document, “$7.6 Million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway – February 7, 2012”. Director Sosa indicated 4 of the public Miami River Greenway projects will break ground no later than June 2012, and none of the 6 Federal grants to construct the Riverwalk, previously awarded to the City, are in jeopardy of being retracted.

IV. Committee Reports

A. Greenways Subcommittee - Chair Dr. Ernie Martin The Greenways subcommittee is resuming the regular monthly public meeting schedule which is the 2nd Wednesday of every month, 2 PM, 1407 NW 7 ST. Therefore the MRC’s next public Greenways Subcommittee meeting is this Wednesday, February 8.

B. Stormwater Subcommittee - Chair Sallye Jude The Stormwater subcommittee’s January public meeting minutes have been distributed. I thank the environmental agencies for indicating in their reports the progress made to date on implementing FDEP’s recommended items along Wagner Creek and Seybold Canal, and encourage full implementation of the plan to improve water quality.

C. – Urban Infill Subcommittee – Chair Jim Murley Director Bibeau stated the County’s draft Palmer Lake Plan is proceeding back to the Planning Advisory Board this month. As you recall, the original drafts included a riverfront “Marine Industrial” area as one of several geographic zones within the larger study area. Then against the MRC’s recommendation, the title of the area was revised to “Riverside”. The next draft is expected to not plan differently between the waterfront properties along the federal navigable channel and land locked parcels further to the west. Therefore I will continue to advocate for the MRC’s most recent position on this issue, per the MRC’s adopted September 2011 public meeting minutes which state the MRC’s unanimous resolution, “for the MRC to recommend approval of the 4th draft Miami-Dade County Palmer Lake Charette Area Plan”.

The meeting adjourned.

I. Chair Report – Mr. Frank Balzebre moved approval of the MRC’s distributed draft February 6, 2012 public meeting minutes. The motion was seconded by Richard Dubin and unanimously adopted.
Chairman Aguirre stated the rotating PowerPoint presentation features pictures from the Sunday, February 12 and Saturday, February 25 MRC funded and co-coordinated Miami River Greenway Beautification events with volunteers from the University of Miami. Volunteers expanded the free community vegetable and fruit garden and picked up litter along the south shore’s public riverwalk, replanted and picked up along the north shore Miami River Greenway section from I-95 to Flagler Bridge.

In February the MRC received a letter from the SFWMD stating due to their $128 million budget shortfall, this year’s already 40% reduced $150,000 appropriation for the MRC has been eliminated from the administration’s proposed FY ’13 budget. Therefore after discussions between respective staffs, I replied a letter seeking $120,000, which is 20% less than this year, and 60% less than previous years.

Last month MRC Director Bibeau submitted the following grant applications: 

• Environmental Protection Agency, Environmental Justice, Small Grant Program, $25,000 for Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project
• Florida Department of Environmental Protection, TMDL Grant Program, $25,000 for efforts to implement recommendations contained in the recent Wagner Creek Walk the WBID Exercise
• National Fish and Wildlife Foundation, $22,500 for the Miami River Greenway, and its volunteer cleanup events

Chairman Aguirre thanked Miami-Dade County which reached a decision on one of the 2 submitted Miami Riverday grant applications, which was awarded $5,000. In addition, I would like to thank the Miami Foundation which made our pending $20,000 grant application a finalist, therefore it made the first round of cuts and remains under consideration for potential award.

Chairman Aguirre stated this month Director Bibeau will submit a $10,000 grant application to the Dunn Foundation for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project.

Chairman Aguirre stated per the MRC’s December 5, 2011 adopted resolution, the MRC continues to recommend the City Commission defer the draft new ordinance regarding trailer boat storage at homes, in order for the City to revise and improve the draft.

Vice-Chairman Jay Carmichael stated per the request of the City of Miami, the Miami River Voluntary Improvement Plan continues to work with environmental agencies to determine who owns, and or is legally responsible to maintain the Miami River’s “South Fork” (from the River to the Salinity dam structure S-25). The SFWMD kindly provided this deed, stating maintenance of the Miami River’s South Fork is Miami-Dade County’s legal responsibility. Upon receipt of the deed provided by SFWMD, Miami-Dade County emailed it may not be their responsibility. Mr. Vilaboy, SFWMD, stated last Friday SFWMD sent a staffer to the Miami-Dade County Courthouse to re-conduct a final title search, and they would provide final results in writing this week. Ms. Marina Pape Blanco, MDC PERA, stated they disagree with the SFWMD. Ms. Pape-Blanco provided a document and stated the subject area is the responsibility of the State of Florida, Division of State Lands.

II. Waterborne Transportation - Frank Balzebre stated he had suggested this agenda item. MRC Director Bibeau distributed excerpts supporting waterborne transportation from the MRC’s adopted 2001 Miami River Corridor Urban Infill Plan and 2007 Miami River Corridor Multi-Modal Transportation Plan. Mr. Max Vlessing, Water Taxi Miami, stated water taxi service started one month ago, with 2 stops on the Miami River, the “Riverwalk” Metro-Mover station and Finnegan’s River. Additional stops are located on South Beach, Bayside, etc. Mr Vlessing asked for Government support in allowing additional desired stops, including the Marlins Stadium, etc. Mr Vlessing stated the private business currently has only one boat which accommodates 38 passengers, but they would like to expand, purchase more boats, and hire more people, if the government allows additional stops.

III. Research Submarines on the Miami River - Mr. Brad Wells, OceanGate Director of Corporate Development, and Julianna Ruiz, OceanGate Marketing Communications Manager, presented and informational PowerPoint. OceanGate is a new marine industrial business currently renting space on the Miami River, and interested in a permanent location on the Miami River. OceanGate features a research submarine capable of diving 985 feet deep for environmental research. The submarine accesses the desired dive spot via towing, barge, and or truck. The submarine is available to researchers and or private interests for a fee. Mr. Wells stated OceanGate is currently hiring 2 more jobs on the Miami River, “Marina Operations” and an “Expedition Leader”.

IV. Committee Reports
A. Greenways Subcommittee - Chair Dr. Ernie Martin - The Miami River Greenway subcommittee’s February public meeting minutes have been distributed.

Miami-Dade County Greenway Construction Update:

• I would like to thank Honorable Commissioner Barreiro for sponsoring an item which required their Public Works Department to produce the distributed excellent timeline for completion of the next 6 fully designed and funded sections of County owned public riverwalk. The MRC’s action item will be to monitor adherence to this timeline, and raise a flag if any of the milestones are missed.
  
• In addition, I would like to thank the County for resubmitting their $500,000 FIND grant application for the Riverwalk, prior to the April 1 deadline.

Private Sector UpdateDistributed is an October 13, 2009 City of Miami Memo stating “Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies the development order for the Dupont (n/k/a Epic) Major Use Special Permit, by approving the final extension of time for the temporary Sale Center and /or construction office until January 2012. The temporary Sale center and / or construction office shall be demolished in accordance with final date of extension time.” Unfortunately despite being over a month after the extended demolition deadline, this illegal obstruction to the public riverwalk is still there. Therefore Dr. Martin made a motion recommending the City of Miami enforce their October 13, 2009 memo’s overdue January 2012 deadline for demolition of the “Dupont (a/k/a Epic) temporary sales center, which blocks the public riverwalk. The motion was seconded by Sallye Jude, and unanimously adopted.

City of Miami Greenway Construction Update:
Unfortunately FDOT sent the following letter indicating 2 Miami River Greenway grant applications for $2 million, were not recommended for funding due to several Miami River Greenway projects that have prior year commitments which have not been spent or advanced” by the City of Miami. Thankfully the letter goes on to encourage resubmittal of the applications in this calendar year’s grant cycle, if the City first expends previously awarded grants via constructing fully funded and designed sections of the public riverwalk, which are our mutual action items.

Volunteers
Next volunteer Miami River beautification event is this Saturday, 9-noon, North River Drive from Flagler to NW 5 ST Bridge, planting and picking up litter.

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is next Wednesday, March 14.

B. Stormwater Subcommittee – The MRC passed a unanimous resolution recommending approval of March 8 City Commission agenda items RE.12 and RE. 17, authorizing the submittal of FIND grant applications for the Wagner Creek / Seybold Canal Maintenance Dredging and Environmental Cleanup Project, and the Fern Isle / PBA Park shoreline stabilization.

The meeting adjourned.

I. Chair Report – Mr. Phil Everingham moved approval of the MRC’s distributed draft March 5, 2012 public meeting minutes. The motion was seconded by Gary Winston and unanimously adopted.

MRC Chairman Aguirre provided the following report:

The rotating PowerPoint presentation features pictures from the March 7 and 10 MRC funded and co-coordinated Miami River Greenway Beautification event with volunteers from MIRA USA and Old Dominion University. Volunteers planted landscaping and picked up litter along the Miami River Greenway’s north shore, from I-95 to the 5 ST Bridge. Area restaurants expressed their appreciation to the City and MRC.

On behalf of the MRC, I would like to extend our deep gratitude to the Honorable Commissioner Frank Carollo, whom kindly presented the MRC with this certificate of appreciation during the last City Commission meeting, recognizing the MRC and its volunteers for recent Miami River Greenway beautification projects.

The 16th annual free Miami Riverday is Saturday, April 14, 11-4, Lummus Park, 250 NW North River Drive. Please be so kind to help us distribute the 7,500 bilingual flyers by taking as many possible with you for your offices, friends and family. The 9th Annual Miami River Map and Guide will be released at Riverday as well.

MRC Vice-Chairman Jay Carmichael provided the following Miami River “VIP” report:

Per the request of the City of Miami, the Miami River Voluntary Improvement Plan (VIP) continues to work with environmental agencies to determine who owns, and or is legally responsible to maintain the Miami River’s South Fork. The SFWMD kindly provided additional paperwork reaffirming their previous position that Miami-Dade County and the City of Miami own and are therefore responsible for maintenance of the South Fork tributary, from the Miami River to the salinity dam structure at 27 Ave. Miami-Dade County then emailed stating they believe the South Fork, “is a primary canal under the jurisdiction of/maintained by the Bureau of State Lands.” Therefore MRC Director Bibeau forwarded that County email to the Bureau of State Lands for confirmation, and they remaining researching the issue at this time.

We reported a potentially derelict vessel on the south shore, which is not associated with the property owner, where NW 1 ST dead ends into the Miami River.

Per the request of River residents, we are working with City of Miami officials to address crime in Sewell Park. MRC Chairman Aguirre thanked LT Perez and the City of Miami Police Department for increasing police patrols and undercover officers in Sewell Park.

Per the request of Honorable Commissioners Gort and Carollo, we have been looking into high tides coming over the seawall on the south shore at SW 16 Ave, and a MRC volunteer picked up litter in the area. The City has determined the seawall in question owned by the Grove Park Neighborhood Association which is therefore responsible for its condition / maintenance, and FIND grants are not eligible.

II. “Command Bridge” Update – The MRC welcomed Mark Bailey, the new Director of the Miami River Marine Group. Mr. Bailey stated the Miami River Marine Group and he looked forward to continue working in partnership with the MRC. Mr. Bailey asked to defer the Miami River Marine Group’s “Command Bridge” update to a future MRC meeting.

III. Proposed Additional Temporary Flagler Bridge Opening Regulations – MRC Director Bibeau distributed copies of the following email chain:

“-----Original Message----- From: Jennifer.S.Makowski@uscg.mil [mailto:Jennifer.S.Makowski@uscg.mil] Sent: Thursday, March 22, 2012 1:23 PM To: miamiriver1@bellsouth.net; markbailey@miamirivermarinegroup.org; info@miamirivermarinegroup.org; tmhemp@comcast.net; nrahman@coastalsystemsint.com; captreb@islandqueencruises.com; jay@biscaynelady.com; info@petersonfuel.com Cc: Lieberum, Michael; D07-DG-SECMIAMI-ATON Subject: Flagler Street Bridge Repairs

Good Afternoon All,
I know that some of you may have already received the below notice, the proposed opening changes for Flagler Street Bridge, but D7 has not really received much feedback and I want to ensure that you have the chance to express any comments or concerns. Please let Michael Lieberum and I know within the next few days - the company is requesting to make the below changes starting the week of April 2nd.

Please feel free to disseminate this info to others that may be interested or impacted.
V/R/
Jennifer
LT Jennifer Makowski
USCG Sector Miami
Waterways Management
(w) 305-535-8724
(c) 786-295-9051

-----Original Message-----
From: Lieberum, Michael
Sent: Tuesday, March 20, 2012 10:23 AM
To: D07-DG-SECMIAMI-ATON
Cc: tmhemp@comcast.net; Hopkins, Jessica; Stratton, Gene; 'Payne, Beau'; luis.amigo@dot.state.fl.us; 'Fernandez, Dennis'; 'Marlon Orellana'; 'E. Yaroslav Concepcion I'; 'Deborah McGann'; jrodriguez@pinnaclecei.com; 'Gabriel Fernandez'; jalonso@eacconsult.com; rrodriguez@pinnaclecei.com; galahouzos64@yahoo.com; jamesboutzoukas@mjconstruction.net; lporter@floridadrawbridges.com; Sonny Hopson; eddie@pandltowing.com
Subject: Flagler Street Bridge Repairs

Good Morning Everyone,
Please disseminate this email to as many Miami River users as possible. Thanks,
M & J Construction who is repairing the Flagler Street Bridge has proposed a change to the operating schedule of this bridge. The currently schedule which allows for single-leaf operations with a four-hour notice for a double-leaf is conflicting with the ongoing painting/fender replacement operations.
M & J has proposed placing the Flagler Street Bridge across the Miami River on a specific single-leaf schedule from 7 a.m. to 7 p.m. daily such as openings at 7 a.m., 9 a.m., 11 a.m., 1 p.m., 3 p.m., 5 p.m. and 7 p.m. If this schedule is agreed to by the majority of the waterway user then the four-hour notice for a double-leaf opening would still apply except that the double-leaf openings would be during one of these segments during the day.
From 7 p.m. to 7 a.m. the bridge would remain on single-leaf operations with a four-hour notice for a double-leaf opening and tugs and tugs with tows would remain exempt from these regulations.
In an effort to move forward with this project as quickly as possible which will also get the contractor out of the waterway sooner, they are requesting that this new schedule be implemented on April 2, 2012 and are expected have this portion of the operation completed by June 2, 2012.
Please send all comments to me at the email address above, so that I might possibly make an informed decision in balancing the needs of the Waterway Users and Construction Operations without unreasonably obstructing either operation.

Sincerely,
Michael Lieberum
Seventh Coast Guard District
Bridge Branch
Chief of Operations Section
305-415-6744”

MRC Director distributed the following summary of federal law / regulations regarding Miami River drawbridge openings:

Monday-Friday

Brickell Bridge:
Morning Rush Hour lockdown, 7:35 – 8:59
Lunch Hour lockdown, 12:05 – 12:59
Evening Rush Hour lockdown, 4:45 - 5:59
In between three lockdown periods, bridge opens only if needed on the hour and half hour (7am – 7pm)

Least Likely Openings	More Likely Openings
7:05 – 7:29	7:30
7:35 – 8:59 (Morning Rush Hour lockdown)	9:00
9:05 – 9:29	9:30
9:35-9:59	10:00
10:05 - 10:29	10:30
10:35 – 10:59	11:00
11:05 – 11:29	11:30
11:35 – 11:59	Noon
12:05 – 12:59 (Lunch Rush Hour lockdown)	1:00
1:05 – 1:29	1:30
1:35 – 1:59	2:00
2:05 - 2:29	2:30
2:35 – 2:59	3:00
3:05 – 3:29	4:00
3:35 – 3:59	4:30
4:05 – 4:29	5:00
4:35 – 4:59	5:30
5:05 – 5:59 (Evening Rush Hour lockdown)	6:00
6:05 – 6:29	6:30
6:35 – 6:59	7:00

South Miami Ave and SW 2 Ave Bridges:
Morning Rush Hour lockdown, 7:35 – 8:59
Lunch Hour lockdown, 12:05 – 12:59
Evening Rush Hour lockdown, 4:45 - 5:59

SW 1 ST, Flagler, NW 5 ST, NW 12 Ave, NW 17 Ave, NW 22 Ave and NW 27 Ave Bridges:
Morning Rush Hour lockdown, 7:35 – 8:59
Evening Rush Hour lockdown, 4:45 - 5:59

SW 12 Ave Bridge:
Monday-Friday, Home Miami Marlins Baseball Games lockdown 6:46 – 7:30 PM (April-May Trial)

Flagler Bridge:
Approved Temporary Regulation – 4 hour advanced notice needed for double leaf openings and single span openings on demand

Additional Proposed Temporary (April 2- June 2, 2012)
Regulation – Monday – Friday, 7AM – 7 PM, only opening single span at 7AM, 9AM, 11 AM, 3PM, 5PM and 7 PM and double span opening with 4 hour notice only at one of the aforementioned specific times

‘Public vessels of the U.S., tugs, tugs with tows, and vessels in a situation where a delay would endanger life or property are exempt’ (33CFR117.305)
The Miami River’s Federal navigable channel is amongst the largest Ports in the State, featuring numerous marine industrial businesses including International shipping, recreational boatyards, marinas, commercial fishing, tug boats, etc., which generate local jobs and international trade.”

Mr Lieberum, USCG, stated the following revision to the previously provided proposal: After consultations with several interested parties it seems that if we do approve this two hour closure at the Flagler Street Bridge the openings would have to be at 7:15 a.m., 9:15 a.m., 11:15 a.m., 1:15 p.m., 3:15 p.m., 5:15 p.m. and 7 p.m. The reason for this would be the conflict between the 1/2 schedule of the Brickell Avenue Bridge and the time it takes to transit to the Flagler Street Bridge. The 15 minute schedule difference would work better.

The contractor stated due to noise regulations, they can’t work after 8 PM, and noted the adjacent Neo Lofts residential building. The contracted stated during the weekends they have been working with the Flagler Bridge in the up position (closed to vehicular traffic).
Mr. Betancourt asked MRC Director Bibeau for his recommendation on the proposal. Director Bibeau replied the following concerns:

1) Scheduling a Flagler Bridge opening at 5:15 PM, during the existing evening rush hour lock down considering Flagler is a one way route out of downtown Miami

2) Boxing in vessels for prolonged periods of time in the one block area between 1 ST and Flagler Bridges

3) The Flagler Bridge renovation project construction was bid based on an operating and active drawbridge, for which additional temporary opening restrictions have already been approved, implemented, and currently in effect, including 4 hour advance notice required for 2 span openings (normally on demand in between lockdowns) and only single-span openings on demand in between the 2 existing rush-hour lockdowns.

4) Continuing to add more Miami River drawbridge opening restrictions may create an unintended negative impact for the job generating marine industrial businesses operating along the Miami River’s recently maintenance dredged federal navigable channel. The cumulative impact of more and varying / inconsistent restrictions on Miami River bridge openings is making it more difficult for customers / vessels to access Miami River marine industrial businesses.

Mr Manny Prieguez made a motion for the Miami River Commission not to create an advisory recommendation on the proposed additional temporary Flagler Bridge Drawbridge opening restrictions. The motion was seconded and adopted 8-3.

IV. Committee Reports
A. Greenways Subcommittee - Chair Dr. Ernie Martin provided the following report:
The Miami River Greenway subcommittee’s March 14 public meeting minutes have been distributed.

Miami-Dade County Greenway Construction Update:
I would like to thank Miami-Dade County for meeting some of the estimated timeline milestones in the process towards constructing the next 6 County owned, funded and designed sections of the public riverwalk.

Private Sector Update:
I would like to thank the City of Miami for installing the gate in the Sewell Park fence, so that public access from the park may proceed along the new Riverwalk section at Terrazas River Park Village.

I would like to thank Miami River Oaks and Tower for making major progress on their public Riverwalk section.

Per the MRC’s resolution last month, I thank MRC Chairman Aguirre for writing the City of Miami to express the MRC’s support of the City’s January 2012 deadline to demolish the “temporary sales center” on the Epic site, which blocks that approved public riverwalk section. If the temporary sales center hasn’t been demolished within 45 additional days, I recommend a follow up / 2nd letter to the City of Miami.

City of Miami Greenway Construction Update:
I would like to thank Chairman Aguirre and Director Bibeau for recently meeting with Assistant City Manager Alice Bravo, regarding the City’s ongoing efforts to expend the $7.6 million in federal grants previously awarded to the City for construction of 6 sections of the public Miami River Greenway. Unfortunately the estimated completion of the Miami River Greenway construction in Spring Garden has been delayed / extended again.

Volunteers
Next volunteer Miami River beautification event is Saturday, May 12, 9-11 AM, along the Miami River Greenways south shore from Jose Marti Park to SW 2 Ave, planting, painting and picking up litter.

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is Wednesday, April 11.

B. Stormwater Subcommittee – The next public MRC Stormwater subcommittee meeting is scheduled April 25, 10 AM, 1407 NW 7 ST.

The meeting adjourned.

I. Chair Report –Chairman Horacio Stuart Aguirre provided the following report:
The MRC accepted their April 2 public meeting minutes.

The rotating PowerPoint presentation features pictures from the free 16th Annual Miami Riverday festival held April 14 in Lummus Park. I would like to thank the Honorable Mayor Regalado for joining us to present the following Riverday sponsor plaques of appreciation to attending sponsors whom were unable to receive their plaque on stage during Riverday.

The 9th Annual Miami River Map and Guide was released at Riverday, and has been distributed.

I would like to thank the Miami Parking Authority, Miami Dade County and MRC Managing Director Bibeau for implementing a recommendation of the Honorable Mayor Regalado and MRC, via starting the improvements this month which are needed to open the vacant parking lot on North River Drive, next to Lummus Park, to be used for much needed public paid parking in the area.

Please note page 3 of the distributed Florida TaxWatch document. Thankfully the Florida Legislature had approved line item 1683 A, which included numerous items including $100,000 for “Miami River Environmental Enhancement” in the State’s Fiscal Year 2012-2013 adopted budget. Unfortunately the document indicates, “Florida TaxWatch is recommending a veto of all the Water Projects in line item 1683A due to a lack of a proper review and selection process…the Department (Florida Department of Environment Protection) did not review proposals for any of these projects and did not participate in their selection”. Due to this technicality, the Honorable Governor Scott agreed with the TaxWatch recommendation and vetoed this line item.

Chairman Aguirre recommended the City, County and State increase their modest financial support for the MRC.

Vice-Chairman Jay Carmichael provided the following Miami River Voluntary Improvement Plan (VIP) update:
Per the request of the City of Miami, the Miami River Voluntary Improvement Plan continues to work with environmental agencies to determine who owns, and or is legally responsible to maintain the Miami River’s South Fork. As you recall, Miami-Dade County emailed stating they believe the South Fork, “is a primary canal under the jurisdiction of/maintained by the Bureau of State Lands.” MRC Director Bibeau forwarded that County email to the State for confirmation, and although they confirmed it is State owned submerged land, they also emailed, “The State does not deal with trash removal in the canal.” Since then, MRC Managing Director Bibeau has been trying to communicate more with the State regarding the need for maintenance of this State owned submerged land, and will provide further progress reports at future MRC meetings.

IV. Committee Reports Greenways Subcommittee – The Honorable Mayor Regalado stated he supported the creation of a
Fisherman’s Wharf in the riverfront portion of Lummus Park.

Greenway’s subcommittee Chairman Ernie Martin provided Mayor Regalado a copy of the MRC’s March 30, 2012 letter, citing the MRC’s March 5, 2012 unanimous support for the City’s October 13, 2009 memo requiring demolishion of the temporary Epic Sales Center (250 Biscayne Boulevard Way) by January 2012. Dr Martin noted the structure violates the City Charter, approved MUSP and Development Order for the site, and blocks the existing public riverwalk from continuing in both directions. Mayor Regalado stated the Epic temporary sales center is not in compliance, and he will support the MRC’s recommendation. Mayor Regalado stated he had just been informed by City Planning Director Garcia that the Epic developers would like to keep the temporary sales center building, and assist with the Riverwalk via a financial contribution. Ms Harris asked if City Code Enforcement has cited the building with this violation. Mayor Regalado replied not yet because the originally required demolishion deadline was extended. Mayor Regalado stated he did not think the building maybe “legalized” or brought into compliance, therefore the Code Enforcement Board would likely order City’s previously requested demolishion, which the Epic developers would most likely fight and the City would most likely win. MRC Chairman suggested the MRC may entertain another motion, to either continue supporting the City’s October 13, 2009 Memo requiring Epic to demolish their temporary sales center by January 2012, or entertain the developers offer. Ms. Harris made a motion for the MRC to continue supporting the City’s October 13, 2009 Memo which required Epic to demolish their temporary Sales Center (250 Biscayne Boulevard Way) by January 2012, and continue supporting the MRC’s related March 30, 2012 letter to the City. The motion was seconded by Dr Martin and unanimously adopted by the MRC. Mayor Regalado stated he will support expediting the overdue demolishion of the illegal structure.

An updated summary document, “$7.6 Million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway – May 1, 2012” was distributed.

Invitations were distributed for the next monthly MRC funded and co-coordinated volunteer Miami River Greenway beautification event, on Saturday, May 12, along a section of the Miami River Greenway’s south shore from Jose Marti Park to the 2 Ave Bridge, where volunteers will plant over 160 new plants, paint, pick up weeds and litter.

II. Recent Implementation of Additional Temporary Flagler Bridge Opening Regulations - MRC Director Bibeau distributed copies of the following email chain:

“-----Original Message----- From: Michael.B.Lieberum@uscg.mil [mailto:Michael.B.Lieberum@uscg.mil] Sent: Monday, April 30, 2012 7:42 AM To: rrodriguez@pinnaclecei.com; George Alahouzos; James Boutzoukas Cc: Payne, Beau; Luis Amigo; Dennis Fernandez; Marlon Orellana; E. Yaroslav Concepcion; Debbie McGann; Makowski, Jennifer LT; eddie@pandltowing.com; Ivan Hay; Hershey, Douglas; P. Amy Huebschman; Young, Michael; Sonny; miamiriver1@bellsouth.net; rick@norsemanshipbuilding.com; orin@5thstmarina.com

Subject: FW: Problems w Flagler Bridge Openings

We have a problem. Hopefully everyone remembers that I stated that the Seventh Coast Guard District Bridge Branch was only going to approve this temporary schedule if no objections were received. Per the email below and the attachment there are now objections that need to be addressed. Unless someone can give me a very valid reason to continue the current temporary regulation change, the temporary regulation will be converted back to the previous temporary regulation per the last paragraph of this email.

I am not talking about arguing points such as whether 1st should remain down if Flagler is scheduled to open. Everyone knows that 1st in not on schedule; but if a vessel would be trapped between the two bridges it is recommended that the bridge operator wait until both bridges are opened.

The current temporary regulation as published in the Local Notice to Mariners:
SCHEDULE CHANGE:
M & J Constructions will be placing the Flagler Street Bridge across the Miami River on a specific single-leaf schedule from 7:15 a.m. to 7 p.m. starting on April 16, 2012,, openings will be at 7:15 a.m., 9:15 a.m., 11:15 a.m., 1:15 p.m., 3:15 p.m., 4:15 p.m., 6:15 p.m. and 7 p.m. The four-hour notice for a double-leaf opening still applies except that the double-leaf openings would be during one of these segments during the day.

From 7 p.m. to 7 a.m. the bridge would remain on single-leaf operations with a four-hour notice for a double-leaf opening and tugs and tugs with tows would remain exempt from these regulations Contact The Flagler Street Bridge, bridge tender via VHF-FM channel 9 or 305-737-9210 for single-leaf and double-leaf opening through August 2012.

Unless someone can come up with a better/different schedule, the temporary deviation will be changed back as of Monday, May 7, 2012, as follows:

M&J Construction has advised this office that they will be working on the Flagler Street Bridge across the Miami River mile 1.0, Miami-Dade County, Florida from January 28 through August 2012. This work consists of painting and fender system replacement. The painting containment system has reduced the vertical clearance of the bridge by three feet. The Flagler Street Bridge is on single-leaf operations with a four hour notice to the bridge tender for a double-leaf opening through August 2012.

Sincerely,
Michael Lieberum
Seventh Coast Guard District
Bridge Branch
Chief of Operations Section
305-415-6744

-----Original Message-----
From: orin@5thstmarina.com [mailto:orin@5thstmarina.com]
Sent: Thursday, April 26, 2012 4:00 PM
To: brett bibeau
Cc: Mark Bailey; Richard Dubin; Lieberum, Michael; Richard Herron; Makowski, Jennifer LT

Subject: Fwd: Problems w Flagler Bridge Openings
Brett,
I would like this issue, that the Flagler bridge openings is impacting business, brought up at the next Miami River Commission meeting.

Respectfully,
Orin Black
5th St. Marina LLC
orin@5thstmarina.com
p-305-324-2040
f-305-324-2039
c-786-258-2292
http://www.5thstmarina.com

Begin forwarded message:
From: Orin Black <orin@5thstmarina.com>
Date: April 26, 2012 3:52:50 PM EDT
To: Michael.B.Lieberum@uscg.mil
Cc: Jennifer.s.makowicz@uscg.mil, brett bibeau <miamiriver1@bellsouth.net>, Richard Herron <Rick@norsemanshipbuilding.com>, Mark Bailey <markbailey16182@gmail.com>, Richard Dubin <Ameriship1@aol.com>

Subject: Problems w Flagler Bridge Openings

Mr. Leiberum,
We operate the 5th Street Marina and part of our facility includes portions of the Norseman boatyard. In speaking to Norseman's owner Mr. Rick Herron, he informed me today that he is losing business and customers because of the 2 hour incremental openings of the Flagler bridge. He is written you regarding this (see attached) and there has been no change to the bridge schedule.
It was never communicated that the 1st Street Bridge which is at the much lower 18ft clearance would now also be opening at 2 hr increments to correspond with Flagler. This impacts most boats over 50ft that frequent the Norseman yard and others on the Miami River.
If scheduled openings are required, than at the minimum, they should correspond with those of the Brickell bridge.
The 2 hour incremental openings is impacting recreational business on the Miami River. We request that the Coast Guard review this policy. It is not appropriate to impact multiple businesses on the river that pay taxes and support our community only for the benefit of an out of town contractor.

Respectfully,
Orin Black
5th St. Marina LLC
orin@5thstmarina.com
p-305-324-2040
f-305-324-2039
c-786-258-2292
http://www.5thstmarina.com <http://www.5thstmarina.com/>

In addition, MRC Director Bibeau distributed the following more recent email chain:

“-----Original Message----- From: Michael.B.Lieberum@uscg.mil [mailto:Michael.B.Lieberum@uscg.mil] Sent: Friday, May 04, 2012 12:30 PM To: miamiriver1@BELLSOUTH.NET Cc: Makowski, Jennifer LT; rrodriguez@pinnaclecei.com; Luis Amigo; Dennis Fernandez; Marlon Orellana; E. Yaroslav Concepcion; Debbie McGann; Ivan Hay; Hershey, Douglas; P. Amy Huebschman; George Alahouzos; James Boutzoukas; orin@5thstmarina.com; Rick@norsemanshipbuilding.com

Subject: RE: Attached MRC May 7 Public Meeting Agenda, Minutes and Backup Materials

Dear Mr. Bibeau,
Yes, as of Monday May 7, 2012 the Flagler Street Bridge will return to the previously approved temporary regulation as stated in the Local Notice to Mariners:

FLORIDA - MIAMI HARBOR - MIAMI RIVER - FLAGLER STREET BRIDGE: Bridge Repairs/Updated April 2, 2012.

M&J Construction has advised this office that they will be working on the Flagler Street Bridge across the Miami River mile 1.0, Miami-Dade County, Florida from January 28 through August 2012. This work consists of painting and fender system replacement. The painting containment system has reduced the vertical clearance of the bridge by three feet. The Flagler Street Bridge is on single-leaf operations with a four-hour notice for a double-leaf opening, tugs and tugs with tows are exempt from this schedule and may pass at any time. Contact The Flagler Street Bridge, bridge tender via VHF-FM channel 9 or 305-737-9210 for single-leaf and double-leaf opening through August 2012.

However, this issue has not been closed by this office.
There are valid reasons on both sides of this issue and they need to be addressed:
1. This bridge project needs to be completed as soon as possible so that these navigation interruptions on the Miami River cease.

2. By not allowing the additional waterway/bridge restrictions the overall length of the project has been/will be extended as will the navigation interruptions.

3. By allowing these additional bridge closures, this office has been advised that at least one to two entities on the Miami River that rely on vessels business are being directly affected by reduced volume of business.

This project is being further hampered by outside factors such as:
Contractor unable to work at night due to a noise ordinance.
Contractor is only allowed to close the roadway to vehicles (bridge left open) on weekends.
Somewhere in all this there is a balance and all parties that are directly affected are going to have to give a little to reach this balance.

The work on this bridge must be completed at some point and as long as the contractor is there, there is going to be disruptions to the marine traffic and well as disruptions to vehicle traffic.

If there was some way to give the contractor working on the Flagler Street Bridge one day a week to just completely close the waterway, I would allow it just to get the project finished; but this is impossible as the tug and tow schedule is never on the same day(s) and we can't have one day closures on different days of the week.

Seriously, I am open to all suggestions and anticipate sitting down with the Bridge Owner and there contractor in a couple of weeks and see what can be agreed on.

Sincerely,
Michael Lieberum
Seventh Coast Guard District
Bridge Branch
Chief of Operations Section
305-415-6744

-----Original Message-----
From: miamiriver1@bellsouth.net [mailto:miamiriver1@bellsouth.net]
Sent: Friday, May 04, 2012 11:45 AM
To: Lieberum, Michael
Cc: Makowski, Jennifer LT; Brett Bibeau

Subject: RE: Attached MRC May 7 Public Meeting Agenda, Minutes and Backup Materials

Hi Mr Lieberum:
Per your 4/30 email, "Unless someone can give me a very valid reason to continue the current temporary change, the temporary regulation will be converted back to the previous temporary regulation as of Monday, May 7", please be so kind to reply the status.
Thanks and have a nice day.

Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission

-----Original Message-----
From: Michael.B.Lieberum@uscg.mil [mailto:Michael.B.Lieberum@uscg.mil]
Sent: Friday, May 04, 2012 11:26 AM
To: miamiriver1@bellsouth.net
Cc: Makowski, Jennifer LT

Subject: RE: Attached MRC May 7 Public Meeting Agenda, Minutes and Backup Materials
Brett,
I will not be able to attend as I will be out of town next week.

Sincerely,
Michael Lieberum
Seventh Coast Guard District
Bridge Branch
Chief of Operations Section
305-415-6744

-----Original Message-----
From: miamiriver1@bellsouth.net [mailto:miamiriver1@bellsouth.net]
Sent: Monday, April 30, 2012 1:51 PM
To: Brett Bibeau

Subject: Attached MRC May 7 Public Meeting Agenda, Minutes and Backup Materials

Please see the Miami River Commission's attached May 7, noon, 1407 NW 7 ST, public meeting agenda, minutes and backup materials.
Thanks and have a nice day.

Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission”

Orin Black stated he owns several properties on the Miami River which are leased to several marine industrial businesses including Norseman, Cay Marine, Langer Krell, 5 ST Marina, etc. Mr. Black stated the recent implementation of the 2nd additional round of temporary Flagler Bridge opening restrictions reduced navigational access so much to these marine industrial businesses, that they were in jeopardy of going out of business before the Flagler repairs were completed. Mr. Black thanked the USCG for recently reverting the 2nd round of additional temporary Flagler Bridge opening restrictions. Mr. Black stated the current remaining original additional temporary Flagler Bridge opening restrictions, in between the morning and evening rush hour lockdowns, only single span openings on demand and 4 hour advanced notice is required for 2-span openings, is acceptable until the Flagler Bridge repairs end in June. Jay Carmichael suggested FDOT’s contractor suggest another alternate which will further assist the Flagler Bridge repairs completion, while minimizing the unintended negative impact on the Miami River’s job generating Marine Industrial businesses. Patty Harris made a motion suggesting the Flagler Bridge repairs be conducted more at night, when there is less marine and vehicular traffic, yet no later than 11 PM, and the motion was adopted by the MRC 6-5.

III. Miami River Art Fair and Monthly Gallery Walk on the River

Director Bibeau emailed the following one week in advance and provided printed copies at the meeting:

“Dear Miami River Commission,
My name is Nina Torres and I am the Director & Chief Curator of the newly opened Nina Torres Fine Art gallery at the 1800 Club. I came to Miami from New York 2 years ago and had a gallery in the Wynwood area for a year and a half. However, I have always wanted to start a new arts district for galleries in the downtown area and I have been working on the following two projects with the Miami River at their core:

1. I am the Executive Director of an inaugural contemporary art fair that will take place at the Downtown Miami Convention Center (James L. Knight) named the Miami River Art Fair. This fair will take place December 4 - 9, 2012 during the most important week for contemporary art in the United States, Art Basel Miami Beach fair week. The defining feature of this art fair is the Riverwalk Sculpture Mall program that will place monumental sculpture from international artists on the edge of the river for the public to enjoy in conjunction with the main fair inside the convention center. In addition, this will be the first art fair outside of Miami Beach and Wynwood, thus, bringing the tourism boom during Art Basel week to the Miami River.

2. I am currently spearheading not only the Miami River Art Fair, but I am also putting together a "gallery walk" program called Gallery Walk on the River, an extension of Gallery Walk on the Bay which we will be starting in May from my gallery. The goal of the Gallery Walk on the River is to make the river a cultural destination similar to the second Saturday gallery walks that take place in Wynwood and the Friday gallery walks in Coral Gables. We have been in contact with Water Taxi Miami and we will be promoting their service to link of the Gallery Walk on the Bay and the River together (as they have 2 convenient pick-up zones steps away from both locations). There is a permanent exhibition program at the James L. Knight Center featuring a roster of international artists from Nina Torres Fine Art that will be the focus of this gallery walk on the river. This exhibition will be inaugurated April 20, 2012, the opening night of the Gipsy Kings Live in Concert.

The Miami River | Art Fair is an inaugural, international contemporary art fair which will take place at the Miami Convention Center during Art Basel week, December 4 - 9, 2012. This art fair is under the direction and guidance of Nina Torres, who has more than 20 years experience in the international art market. Miami River | Art Fair is the waterfront alternative during Art Basel that you have been waiting for! International galleries, projects, art groups and individual art professionals are invited to apply. The “one of a kind” River Walk Sculpture Mall is the defining feature of this art fair. This section of the fair will offer ample space to showcase monumental sculptural work at the edge of the river. The River Walk Sculpture Mall is located outside of the Miami Convention Center on the Terrace Level. Please consider joining us as an exhibitor for this exiting inaugural year of Miami River | Art Fair. For more information please visit our website or feel free to contact us directly with any questions.

 

Inauguration: Friday, April 20, 2012 | 7 - 10 pm
A permanent exhibition program has been arranged for all public areas of the James L. Knight International Center in Downtown Miami, FL. The inauguration coincides with the opening night of the Gipsy Kings, live in concert

In addition, we will be kicking off Gallery Walk on the River the Second Saturday of May to showcase this exhibition program. This will be an extension to Gallery Walk on the Bay which will also resume in May starting from the Nina Torres Fine Art gallery.

Special transportation is available to link both gallery walks together thanks to the excellent service provided by "Water Taxi Miami." There is a loading zone for the Gallery Walk on the Bay at the Sea Isle Marina located at 1635 N Bayshore Dr, Miami, FL 33132, and one for the Gallery Walk on the River at the Riverwalk Station located at 64 SE 4th St, Miami, FL, 33131. Please visit the Water Taxi Miami website for a complete list of stops and their daily schedule and affordable rates.

MRC members asked why Ms. Torres wasn’t in attendance to make the informative presentation of her Miami River Art Fair during Art Basel and the monthly Gallery Walk on the River. Director Bibeau stated he had spoken with her on the phone and confirmed that MRC Chairman Aguirre had agreed to her request to be placed on the MRC’s May 7 public meeting agenda, and she agreed to attend and make a presentation. Ms. Harris noted the board was provided written material on the item one week in advance. The MRC considered deferring the item, and Director Bibeau noted the MRC’s June agenda appears to already have several voting items. Ms. Harris made a motion for the MRC to generally support / endorse Ms. Nina Torres’ efforts regarding the Miami River Art Fair and monthly Gallery Walk on the River. The motion was seconded by Frank Balzebre and unanimously adopted by the MRC.

B. Stormwater Subcommittee – The next public MRC Stormwater subcommittee meeting is scheduled May 22, 10 AM, 1407 NW 7 ST.

The meeting adjourned.

I. Chair Report –Chairman Horacio Stuart Aguirre provided the following report:
The MRC accepted their May 7 public meeting minutes.

The rotating PowerPoint presentation features pictures from the Miami River Greenway beautification event on May 12. Volunteers planted 150 plants, painted, pulled weeds and removed litter along the Miami River Greenway’s south shore from Jose Marti Park to the SW 2 Ave Bridge.

Please help us distribute the recently released 9th Annual Miami River Map and Guide, by taking a stack with you for colleagues, friends and family.

Miami River VIP Brett Bibeau for Vice-Chairman Jay Carmichael:

In May the MRC’s Miami River Voluntary Improvement Plan (VIP) helped respond to a vessel leaking diesel fuel. When the report was received by the Scavenger 2000 Water Decontamination Vessel, I knew the property owner, whom rents the dock space to the boat owner. I called the property owner whom reached the boat owner who then closed the bilge pumps and responded to the City of Miami on site.

I reported 2 derelict vessels on the South Fork Tributary to FWC.

After receiving an email from a resident, I began to inquire with the City why the recently renovated Curtis Park Boat Ramp is temporary closed again, and when will it reopen.

After receiving an email from a riverfront property and business owner, I coordinated FDOT, City NET, and City Homeless Assistance Program whom successfully addressed trespassing, and illegal dumping beneath the 5 ST Bridge, on the Little Havana side.

After receiving an email from a Spring Garden resident adjacent to the 12 Ave Bridge, I coordinated FDOT and MDC which repaired several lights on and beneath the 12 Ave Bridge.

II. Review Proposed Creation of Valet Surface Parking Lot on Miami River’s South Shore, 431-451 S. Miami Ave - MRC Director Bibeau cited the MRC Urban Infill Working Group’s distributed May 21, 2012 public meeting minutes:

“A.Review Proposed Surface Parking Lot, 431-451 S. Miami Ave - Mr. Brett Bibeau, MRC Managing Director, stated the MRC had received the distributed written notification from the City of Miami, which is requesting the MRC’s advisory recommendation on a pending application for a 144 parking space parking on the large unimproved vacant lots on the south shore, between South Miami Ave bridge and the “5 ST” Metro-Mover Station. Director Bibeau presented City of Miami’s Miami 21 Zoning Code section 3.11 “Waterfront Standards” which requires a public riverwalk on this site, along with the City charter requirements for any potential surface parking to be setback 50-feet from the seawall. In addition section 3.11 states, “All Miami riverfront properties shall include water related uses”. Miami 21, Article 4, Table 3, indicates surface parking is not as of right on this site, rather only “Allowed by Warrant: Administrative Process – CRC (Coordinated Review Committee)”, which is the process currently underway. Attendees noted although the proposed surface parking lot plans depict the required 50 foot setback from the seawall, the setback area indicates “Future Riverwalk”. The proposal is to make the riverfront surface parking lot up to code in phases, over 5 years, as follows:

“Year One: will install an Aluminum picket fence
Year Two: install lighting, will cover the lot with crushed asphalt to create level. Tripe the new surface
Year Three: Landscaping
Year Four: asphalt over the entire parking area & re-stripe the lot
Year Five: drainage and asphalt over the entire parking area & re-stripe the lot in full compliance with Miami 21 Code”

Attendees noted this site has existing riverwalk proceeding east, and the Miami River Greenway is currently under construction to the west, starting at the South Miami Ave Bridge. Therefore this site is essentially a missing piece in-between two sections of the public Miami River Greenway system. Chairman Murley asked considering the proposal is not allowed by right, what are the criteria by which the City considers the merits of the proposal to permit construction of a surface parking lot on this riverfront site, and Director Bibeau replied he was unaware of any specific criteria. UIWG Chairman Murley suggested the MRC recommend the City create, and or provide the criteria for considering this waterfront surface parking lot before rendering a decision. In addition, UIWG Chairman Murley suggested the MRC recommend the City require construction of a temporary public riverwalk in “Year One or Two”, with the specific proposed temporary public riverwalk design to be presented to the MRC first, followed by the permanent public riverwalk, per the City’s adopted standards, to be constructed no later than “Year Five”. This item will be considered during the full MRC’s public meeting on June 4, noon, 1407 NW 7 Street.”

Director Bibeau stated since the Subcommittee’s May 21 public meeting the City indicated there is no previously existing criteria for considering phased construction of surface parking lots when not allowed by right. Director Bibeau noted he had invited the property owner and City to the MRC meeting in writing.

The MRC concurred that the clock should start on “Year One” upon execution of the lease between the property owner, Millennium Partners, and the proposed valet parking operator, M&M Parking.
The MRC unanimously recommended approval of the application, subject to the City requiring the following 2 additional conditions within “Year One”:

1. Require construction of the publicly accessible riverwalk, consistent with the City’s Miami River Greenway standards and guidelines, as adopted in Miami 21 (“Appendix B”, etc.)
2. Require a storm water barrier to avoid runoff into the Miami River

III. Committee Reports
A. Greenways Subcommittee – Chairman Dr. Ernie Martin provided the following report:
The Miami River Greenway subcommittee’s May 15, 2012 public meeting minutes have been distributed.

Miami-Dade County Greenway Construction Update:
I would like to thank Miami-Dade County which in May advertised for construction bids on 4 of their currently 100% funded and designed sections of the public Miami River Greenway

City of Miami Construction Update:
I would like to thank the City of Miami which in May advertised for construction bids on another 2 of their currently 100% funded and designed sections of the public Miami River Greenway. Therefore using $7.6 million in federal grants, authored by MRC Director Bibeau, the City is currently constructing 3 sections of the Miami River Greenway, 2 sections are out for construction bids, and one section in currently under design.

Private Sector Update:
Per the MRC’s resolutions, I thank MRC Chairman Aguirre for continuing to work with the City in support of their January 2012 deadline to demolish the “temporary sales center” on the Epic site, which blocks that approved public riverwalk section.

Volunteers
The next monthly volunteer Miami River beautification event is this Saturday, June 9, 9-11 AM, along the Miami River Greenways North shore from Brickell Bridge to the “Riverwalk” metro-mover station.
The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is Wednesday, June 13, 1407 NW 7 ST.

Stormwater Subcommittee, Chair Sallye Jude - The Stormwater subcommittee’s May 22 public meeting minutes have been distributed. We thank the agencies for continued efforts to implement the various action items to improve water quality which were identified in FDEP’s recent Walk the WBID report. The County’s most recent report of monthly water quality sampling in the area for the first time in over a decade reported “0” fecal coliform at several testing locations in Wagner Creek and Seybold Canal in January and March 2012. Unfortunately that excellent news was tempered by the test results at NW 20 ST and Wagner Creek, where an 11,000 count was detected while the State Standard is only 800.

All permits for this City project are currently in hand and fully executed. The Florida Inland Navigation District (FIND) previously awarded the City of Miami a $1 million grant for the project, matched by the appropriated $1 million in City funds. The City is continuing to look into additional funding sources for the remaining $18 million balance needed for the shovel ready project (total project estimate $20 million). I thank the City for submitting an additional $700,000 grant application to FIND, matched by an additional $700,000 from the City. Therefore to date secured funding is $1.7 million from the City and $1 million from FIND, with an additional pending $1 million FIND grant application. In addition, MRC is assisting City by collecting various support letters for City’s upcoming EDA grant application for a federal cost share.

The next public MRC Stormwater subcommittee meeting is September 5, 10 AM, 1407 NW 7 ST.

The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report:
The MRC unanimously adopted the MRC’s previously distributed draft June 4 public meeting minutes.

The rotating PowerPoint presentation features pictures from the Miami River Greenway beautification event on June 9. Volunteers painted and removed litter along the Miami River Greenway’s North shore from Brickell Bridge to the South Miami Avenue Bridge.

Friendly reminder that similar to other Commission’s the MRC will not be meeting in August. Therefore our next public MRC meeting is September 10, here, at noon.

Vice-Chairman Jay Carmichael:
In June the MRC’s Miami River Voluntary Improvement Plan (VIP) worked on the following items:

1) Upon receiving an emailed request from the City of Miami ‘s Homeless Assistance Program, MRC Director Bibeau contacted the City of Miami Parks Department and Miami-Dade Water and Sewer Department, whom kindly secured their water lines in Lummus Park so they will no longer be used inappropriately as a shower.

2) Director Bibeau followed up with the City of Miami Public Works Department regarding needed maintenance of City of Miami riverfront property on the North Shore immediately South East of the 1 ST Bridge.

3) Director Bibeau contacted with Pamela Sweeney, FDEP, regarding various Miami River needs. Subsequently she emailed the MRC that she spoke with the Deputy Secretary regarding the continued need for funding to remove future derelict vessels on the Miami River.

II. Review Draft Miami-Dade County Evaluation Appraisal Report (EAR) Based Amendments to the Comprehensive Plan
Director Bibeau distributed the MRC Urban Infill Working Group’s May 21 public meeting Minutes which state, “B. Review Draft Miami-Dade County Evaluation Appraisal Report (EAR) Based Amendments to the Comprehensive Plan – Ms. Helen Brown, Miami-Dade County Department of Planning and Zoning, distributed copies of the following draft EAR based amendments to the Comprehensive Plan:

PORT OF MIAMI RIVER SUBELEMENT
Introduction
The material presented in this Sub element is limited in scope to the shipping facilities found along the Miami River that serve shallow draft vessels. These shipping terminals were together formally designated as the Port of Miami River to meet regulations of the U.S. Coast Guard.

The Plan
In general, the Port of Miami River Sub element promotes continued maritime business and traditional marine-related shoreline uses as well as the protection of environmental resources on the Miami River. The Plan for the Port of Miami River is expressed in the following goal, objectives and policies, and monitoring program.

GOAL

MAINTAIN AND ENHANCE THE WATER QUALITY, ATTRACTIVENESS AND ECONOMIC
VIABILITY OF THE PORT OF MIAMI RIVER.

Objective PMR-1
Maintain and promote marine activity on the Miami River and protect these activities from
encroachment or displacement by incompatible land uses.

Policies
PMR-1A. Miami-Dade County shall promote actions to enhance establish a marine industrial/commercial activities district along the banks of the Miami River west of NW 27 Avenue and in other areas along the Miami River where feasible.
Per-EAR This policy should be revised for the County to promote actions which maintain and enhance marine industrial activities along the banks of the entire Miami River and not just a marine/industrial district.
PRM-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.
PMR-1C. Miami-Dade County shall work to improve the economic vitality of the Port of Miami River in cooperation with other concerned agencies and organizations.

Objective PMR-2
Actions shall be taken to improve linkages between the shipping terminals on the Miami River and surface transportation routes and modes.

Policies
PMR-2A Initiate a Miami-Dade County and the Miami River Commission shall monitor the implementation of the Miami River Corridor Multimodal Transportation Plan Study with cooperation and assistance of all concerned agencies (i.e. County, City, MPO, FDOT, MDX, US Coast Guard, etc.)
Per EAR This policy should be modified to acknowledge the existence of a multi-modal transportation plan, which also incorporates the Miami River Greenway Action Plan and the relationship between the existing/proposed Greenway sections and multiple modes of transportation along the corridor.
PMR-2B In cooperation with other concerned agencies and organizations, Miami-Dade County shall investigate and implement ways of improving roadway access between the Port of Miami River shipping terminals and the adjacent surface transportation system.

Objective PMR-3
The Port of Miami River shall be operated in a manner which minimizes impacts to estuarine water quality and marine resources and adjacent land uses.

Policies
PMR-3A Miami-Dade County shall continue to place high priority on having the polluted sediments removed from the Miami River including all of its tributaries which impact water quality.
Per EAR It is recommended that this policy be modified to include the dredging of the tributaries which impact the quality of the water in the Miami River.

Objective PMR-4
The Port of Miami River, through the owners and operators of its international shipping terminal facilities regulated by the Maritime Transportation Security Act, with assistance from the Miami River Commission (MRC) and Miami River Marine Group (MRMG), shall recognize local, State and Federal security needs in all port operations, expansion and new construction.

Policies
PMR-4A The Port of Miami River, through the owners and operators of its international shipping terminal facilities regulated by the Maritime Transportation Security Act, shall annually audit operations of the Port of Miami River in light of the Miami River Port Security Plan and any new local, State and Federal security requirements.
PMR-4B The County, MRC and MRMG shall seek funding from local, State and Federal sources to address domestic homeland security issues.
PMR-4C The Port of Miami River, through the owners and operators of its international shipping terminal facilities regulated by the Maritime Transportation Security Act, with assistance from the MRC and MRMG shall ensure that new projects are designed and constructed in accordance with the Miami River Port Security Plan, as approved by the Miami River Security Committee on June 8, 2004, and applicable local, State and Federal security laws.
PMR-4D In the event of an apparent conflict between the Miami River Port Security Plan, approved by the Miami River Security Committee on June 8, 2004, local, State and Federal law and/or agency directives, and other objectives in any Sub element, the Homeland Security-based requirements shall prevail.

Future Port of Miami River
The Port of Miami River is expected to retain its share of the growing international trade activity occurring in Miami-Dade County. The banks of the Miami River west of NW 27 Avenue and east of the salinity dam will remain the predominant area for shipping facilities serving the small ports of the Caribbean. This western section of the Port of Miami River is recommended to be used only for marine industrial and commercial activities. The role of Miami-Dade County in maintaining maritime facilities in this port area is limited to that of facilitator, as Miami-Dade operates its own seaport facilities on Dodge and Lummus Islands. Miami-Dade will continue to facilitate marine activity on the Miami River through its legislative function of establishing and implementing land use policy, and in its administrative functions in providing and maintaining roadway infrastructure which provides landside access to the area.

Future land use in the Miami River area is depicted on the Land Use Plan map in the Land Use Element. Figure 1, which follows, also highlights those sites along the banks of the unincorporated portion of Port of Miami River area which should be reserved for continued commercial marine activity. Figure 1 also identifies points of highway access to the area and rail lines. Future natural resources of the area are mapped in the future natural resources map series in the Land Use Element.
Facility improvements planned by Miami-Dade County that will impact this area are
primarily roadway projects. These are listed in the County’s Transportation Improvement
Program and the Miami-Dade Transportation Plan to the Year 2030. Overall, those projects will relieve congestion at points of access to the unincorporated Port of Miami River area and will enhance circulation through the area by replacing inadequate bridges and adding a new river crossing in the NW 32 Avenue corridor. Miami-Dade County will ensure that the new crossing provides for continued navigation upstream.

Port of Miami River Monitoring Program
The monitoring measures for the objectives of this Sub element are the following:

Objective PMR-1
Indices showing the growth or shrinkage of the amount of river frontage devoted to marine related/dependent business activity shall be prepared biennially.
Records of land use changes in the vicinity of the Miami River in unincorporated Miami-Dade County since 2003.
Records of zoning changes in the vicinity of the Miami River in unincorporated Miami-Dade County since 2003. 

Objective PMR-2
The number of ships, tonnage, types of cargo, and the value of cargo handled shall be reported. Numbers of full-time and part time employment at the shipping terminals, and an estimate of the annual payroll for each category, shall also be reported. These data shall be sought from the Miami River Commission and the Miami River Marine Group.
The Department of Planning and Zoning in conjunction with the Florida Department of Transportation, the Metropolitan Planning Organization, The Miami River Commission and the Miami River Marine Group will prepare transportation improvements updates listing completed, underway, programmed and planned transportation improvements of significant repercussion to the Port of Miami River.

Objective PMR-3
The County's Department of Environmental Resources Management (DERM) shall list progress on shoreline stabilization, stormwater runoff, outfall removal/refitting and overall water quality along the navigable portion of the Miami River and its tributaries. Per EAR The first monitoring measure should be revised to include the tributaries
Additional monitoring measures included in the Coastal Management Element regarding water quality and protection of natural resources, as related to the Miami River west of NW 27 Avenue, are adopted
by reference.

Objective PMR-4
Compliance with applicable security requirements, Maritime Transportation Security Act and the Miami River Port Security Plan.

UIWG Chairman Murley suggested the MRC find the County’s proposed EAR based amendments to the Comprehensive Plan consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. Director Bibeau stated this item is prepared to be placed on the MRC’s June 4 public meeting agenda. Ms. Brown asked for it to be considered during the MRC’s July public meeting instead.”
Sallye Jude made a motion for the MRC to find Miami-Dade County’s proposed EAR based amendments to the Comprehensive Plan consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. The motion was seconded by Dr. Ernie Martin and unanimously adopted by the MRC.

III. Committee Reports
A. Greenways Subcommittee – Chair Dr. Ernie Martin

The Miami River Greenway subcommittee’s June 13, 2012 public meeting minutes have been distributed.
Miami-Dade County Greenway Construction Update: I would like to thank Miami-Dade County which in May advertised for construction bids on 4 of their currently 100% funded and designed sections of the public Miami River Greenway.  We are awaiting the County’s selection of the successful bidder.
City of Miami Construction Update: I would like to thank the City of Miami which in May advertised for construction bids on another 2 of their currently 100% funded and designed sections of the public Miami River Greenway. We are awaiting the City’s selection of the successful bidder. Using $7.6 million in federal grants, authored by MRC Director Bibeau, the City is currently constructing 3 sections of the Miami River Greenway, 2 sections are out for construction bids, and one section in currently under design.
Private Sector Update: Per the MRC’s resolutions, I thank MRC Chairman Aguirre for continuing to work with the City in support of their January 2012 deadline to demolish the “temporary sales center” on the Epic site, which blocks that approved public riverwalk section. Dr Martin attended the excellent June Miami River Art Walk, hosted by Nina Torres.

Volunteers

The next monthly volunteer Miami River beautification event is Saturday, July 14, 9-11 AM, along the Miami River Greenways South Shore from Jose Marti Park to NW 1 ST.

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is Wednesday, July
11.

B.Stormwater Subcommittee, Chair Sallye Jude -The Stormwater subcommittee’s May 22
public meeting minutes have been distributed. We thank the agencies for continued efforts to
implement the various action items to improve water quality which were identified in FDEP’s
recent Walk the WBID report. 

All permits for this City project are currently in hand and fully executed.  The Florida Inland Navigation District (FIND) previously awarded the City of Miami a $1 million grant for the project, matched by the appropriated $1 million in City funds. The City is continuing to look into additional funding sources for the remaining $18 million balance needed for the shovel ready project (total project estimate $20 million). I thank the City for submitting an additional $700,000 grant application to FIND, matched by an additional $700,000 from the City. Therefore to date secured funding is $1.7 million from the City and $1 million from FIND, with an additional pending $1 million FIND grant application next year. In addition, MRC is assisting City by collecting various support letters for City’s upcoming EDA grant application for a federal cost share. 

Mr. Robert Weinreb, City of Miami, stated the City was preparing to commence Phase I of the Wagner Creek / Seybold Canal Maintenance Dredging and Environmental Cleanup Project, starting at NW 20 ST, using the previously appropriated funding. Mr. Weinreb suggested the MRC invite City of Miami CIP Director Sosa to a future public meeting to present details.

Ms. Jude stated she and Director Bibeau are scheduled to meet with MDC property Appraiser Luis Garcia on July 5 to discuss means to secures sites for potential riverfront public parks.
The next public MRC Stormwater subcommittee meeting is here on September 5, at 10 AM.

The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report: The MRC unanimously adopted the MRC’s previously distributed draft July 2 public meeting minutes.
The rotating PowerPoint presentation features pictures from 4 of the 5 Miami River Greenway beautification volunteer events since our last meeting. Volunteers planted hundreds of plants, painted, pulled weeds and removed litter along the Miami River Greenway.
Since our last meeting, Director Bibeau submitted 2 grant applications for $5,000 grants from the DDA and Home Port Marine. Unfortunately we received notifications that previously submitted grant applications to FDEP and Dunn foundation were not awarded funding.
Vice-Chairman Jay Carmichael:
In July and August the MRC’s Miami River Voluntary Improvement Plan (VIP) worked on the following items:

1. I would like to thank the City of Miami for commencing maintenance of their riverfront property on the North Shore, immediately South East of the 1 ST Bridge.
2. The Scavenger decontamination vessel reported a derelict vessel leaking fuel near the 27 Ave Bridge. The derelict vessel was removed by its owner, and the process for reporting fuel spills was updated.
3. I would like to thank Miami-Dade County Animal Services whom removed a dead pig from the south shore, which was potentially a Voodoo sacrifice.
4. Per reports of flooding filed by River businesses to the MRC, I would like to thank the City of Miami for unclogging storm drains on North River Drive and NW 6 Ave.

II. Review 2nd Draft Miami-Dade County New Zoning Code “Article XXXIII(S)
Palmer Lake Metropolitan Urban Center District”

Attendees reviewed the distributed 2nd draft Ordinance and MRC Urban Infill
Subcommittee’s August 9, 2012 public meeting minutes which state:
“Attendee’s reviewed the distributed 2nd draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”. MRC Managing Director Bibeau stated at the last Palmer Lake Steering Committee meeting, Miami-Dade County staff estimated the distributed draft ordinance will be considered by the Board of County Commissioners this calendar year, first to create the proposed new zoning district. Miami-Dade County Planning staff estimated 2 months later the Board of County Commissioners will consider deleting the existing zoning for every parcel in the Palmer Lake Study Area, and replacing it with this new, proposed zoning district. Later in the Palmer Lake Steering Committee meeting, Miami-Dade County Planning staff stated parcels could opt- out of the new zoning by requesting so in writing, and they would then maintain their existing zoning. Director Bibeau indicated Miami-Dade County Planning staff requested his written comments on the 2nd Draft Miami-Dade County New Zoning Code “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District” by August 13. UIWG Chairman Murley suggested the MRC recommend approval of the 2nd Draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, subject to the following conditions:

1) Amendments are needed to become consistent with Miami-Dade County’s adopted Miami River Greenway Action Plan, the voter approved waterfront building setback, Miami River Greenway Design Standards and Guidelines, and the 5 miles of Miami River Greenway constructed to date. For example:

A. Pg. 9, minimum sidewalk width for the on-road Miami River Greenway portion of the “C-D” Street (along NW South River Drive from Tamiami Canal to NW 25 ST) and along the on-road Miami River Greenway portion of a “B” street (NW 25 ST from NW South River Drive to NW 37 Ave) should become “8 feet wide and mesa beige color”
B. Pg. 10, (1) (d), insert “non-waterfront” in front of “rear setbacks shall be zero”
C. Pg. 13, (4) (b), beginning of 1st sentence insert “Restaurant, entertainment,” and consistent with the route established in Miami-Dade County’s adopted Miami River Greenway Action Plan, replace “the Miami River, Tamiami Canal, and or Palmer Lake” with “the route established in the adopted Miami River Greenway Action Plan, all parcels and public right of way along NW South River Drive from
Tamiami Canal to NW 25 ST, and all parcels and public right of way along NW 25 ST from NW South River Drive to NW 37 Ave,”
D. Pg. 13, (4) (b), replace “waterfront setback of 20 feet” with “waterfront setback of 50 feet unless the parcel is less than 200 feet wide (from shoreline to street property line) then the waterfront building setback becomes 25% of the property width.”
E. Pg. 13, (4) (b), “This setback area shall be furnished with walkways, seating areas…” include / insert “decorative trash cans, way-finding signage as appropriate,”
F. Pg. 13, (4) (b) delete entire sentence which starts with “For properties adjoining Palmer Lake docks or boardwalks…:
G. Provide details of public riverwalk cross-section with unobstructed walkway minimum 16-feet wide, plus additional areas for landscaping zone, benches, lights, etc.
H. provide details of public on-road greenway cross-section, featuring unobstructed 8 foot wide mesa beige sidewalk (on upland side of NW South River Drive), pull in on-street parking on riverside of street, landscaping, benches, decorative lights, decorative trash cans, and way-finding signage.
I. Pg. 16, (6), for on-road Miami River Greenway portion of street types “C-D” (NW South River Dr from Tamiami Canal to NW 25 ST) and the on-road Miami River Greenway portion of street type “B” (NW 25 ST from NW South River Drive to NW 37 Ave) do not allow trees to be in the sidewalk. The sidewalk width should be unobstructed, and the separate landscape area with trees and plants should be located in-between the street and unobstructed sidewalk areas.
J. Create one new street type for “on-road Miami River Greenway”, which would only apply to the route per County’s adopted Miami River Greenway Action Plan (NW South River Drive from Tamiami Canal to NW 25 ST, and NW 25 ST from NW South River Drive to NW 37 Ave). The cross section should be consistent with the 5-miles of on-road Miami River Greenway constructed to date within 50 foot wide public right of way), and within this area of on-road Miami River Greenway, where the current public right of way is 70 feet side, use the extra 20 feet of public right of way to maximize the existing on-street parking for businesses operating in these narrow riverfront lots.

2. Pg. 1, (D), replace “The Miami River” with “Navigable Waters”

The MRC passed a unanimous resolution deferring the item to the MRC Greenway’s
Subcommittee’s September 12 public meeting, 2 PM, 1407 NW 7 ST, followed by the MRC’s next public meeting on October 1, noon, 1407 NW 7 ST.

III. Committee Reports
A. Greenways Subcommittee – Chair Dr. Ernie Martin provided the following report:

The Miami River Greenway subcommittee’s June 13, 2012 public meeting minutes have been distributed.

Dr. Martin attended the 2nd Saturday of every month Miami River Art Walk, hosted by Nina Torres, featuring world class international artists. Ms Torres continues to prepare for the Miami River Art Show, on the Riverwalk at the James L Knight Convention Center, December 4-9, in conjunction with Art Basel week. Dr Martin restated the illegal Epic Sales Center continues to block the public riverwalk, which otherwise would be able to connect to the artwork immediately east along the public riverwalk at One Miami.

Miami-Dade County Greenway Construction Update:
I would like to thank Miami-Dade County which awarded a contract to construct 4 of their currently 100% funded and designed sections of the public Miami River Greenway.

City of Miami Construction Update:
I would like to thank the City of Miami which this Thursday on the City Commission agenda items RE 22 and RE 23 are awarding contracts to construct the next 2 of their currently 100% funded and designed sections of the public Miami River Greenway. These 2 sections will be using $2 million in awarded federal grants, authored by MRC Director Bibeau, and if the overdue grant funding isn’t used now, it may be retracted by the Federal Government. In addition, last year’s grant application was denied due to the City not using previously awarded grant funding, and the City is reapplying in November.

Volunteers
The next monthly volunteer Miami River beautification event is Saturday, September 22, 11 AM - 1 PM, along the Miami River Greenways North Shore from I-95 to NW 5 ST Bridge.

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is this September 10, 2 PM, 1407 NW 7 ST.

B. Stormwater Subcommittee - The Stormwater subcommittee met last Wednesday. FDEP has established a water quality goal, known as a Total Maximum Daily Load (TMDL) for the Miami River. Similar to Wagner Creek and Seybold Canal, the next step will be for the environmental agencies to conduct and create a Walk the WBID (Waterbody Identification) along the Miami River seeking to identify contamination sources, and then generate a report of action items needing to be implemented in order to try and obtain the newly established improved water quality goal, or TMDL.

Brett Bibeau stated as recommended in the Wagner Creek and Seybold Canal Walk the WBID report, I will be distributing informational bi-lingual flyers in the area regarding stormwater runoff pollution and the need to properly dispose of dog feces, which otherwise become a source of stormwater pollution.

Commissioner Frank Carollo commended Brett Bibeau and the MRC for coordinating and funding successful and effective volunteer Miami River Greenway beautification events. Commissioner Carollo stated unfortunately Little Havana, within the Miami River Corridor but just west of the Miami River Greenway, needs help via similar volunteer beautification events. Ms Harris stated the small non-profit MRC, and its kind volunteers, already have to a much work to do assisting owners in maintaining the Miami River Greenway, which continues to build new sections, therefore unfortunately does not have the capacity to take on addition blocks, while maintaining an adequate impact on the Miami River Greenway. The MRC passed a resolution 9-1 to in some of the future volunteer Miami River Greenway beautification events include additional blocks located adjacent to the Miami River Greenway, within the East Little Havana portion of the Miami River Corridor.

The meeting adjourned.

I. Chair Report –Chairman Horacio Stuart Aguirre provided the following report:
The rotating PowerPoint presentation features pictures from 2 Miami River Greenway beautification volunteer events held last month. On behalf of the MRC I thank all of the volunteers whom planted hundreds of plants, painted, pulled weeds and removed litter along the Miami River Greenway.

I would like to thank Sandy Batchelor, the South Florida Water Management District Governing Board, Director Meeker and the entire administration for continuing its strong support for the Miami River via an FY ’13 (today until September 30, 2013) appropriation of $120,000. Understandably due to the SFWMD’s across the board budget reductions the past couple years, this coming year’s amount is $30,000 less than last year, and $180,000 less than 2 years ago, but allows the MRC to continue serving its needed mission along what the District considers the C-4 and C-6. Ms. Batchelor thanked Chairman Aguirre, and credited SFWMD director Meeker whom supported the funding because she understands the merit of the MRC and its good work along the SFWMD’s C-4 and C-6.

I would like to thank the DDA which last month for inviting the MRC into the second round of consideration for a potential $5,000 grant for future volunteer Miami River Greenway beautification events in the DDA boundary.

Vice-Chairman Jay Carmichael provided the following Miami River Voluntary Improvement Plan (VIP) update:

1) The Brickell Key Homeowners Association reported a derelict vessel to the MRC, which assisted them in reporting it to several authorities. The authorities posted it as a derelict, and before the 30 days expired, the owner removed their derelict vessel from the mouth of the Miami River, at Brickell Key.
2) After the MRC received a complaint from a Miami River resident and business owner, reporting the public staircase on the bottom of the SW side of the NW 12 Ave Bridge had been blocked by a new fence, the MRC contacted the Bridge owner, FDOT, which kindly agreed to relocate this recently mistakenly installed portion of the fence,
3) MRC reported to the City of Miami Public Works Department that several City owned Street lights were out along the Miami River Greenway’s north shore, from I-95 to Flagler Bridge. I thank the City of Miami for agreeing to fix their broken lights.

Per discussions at previous MRC meetings, I wanted to get MRC member feedback on the concept of a potential Miami River Planning Retreat to review the status of implementing, and any potential obstacles, for the MRC’s following adopted plans:

1. Miami River Greenway Action Plan-
   Presenter: Dr. Ernie Martin, Chair, Greenways Subcommittee
2. Miami River Corridor Urban Infill Plan
3. Miami River Corridor Multimodal Transportation Plan
   Presenter: Mr. Jim Murley, Chair, Urban Infill Working Group
4. Miami River Tributary and Canal Maintenance Dredging and Environmental Cleanup Action Plan
   Presenter: Mr. Horacio Stuart-Aguirre, Chair, MRC’s Miami River Tributary Dredging Task Force
5. Miami River Voluntary Improvement Program (VIP)
   Presenter: Mr. Jay Carmichael, Chair, MRC “VIP” Task Force
6. Miami River Basin Water Quality Improvement Plan-
7. FDEP’s Wagner Creek and Seybold Canal Walk the WBID
8. FDEP’s Miami River Walk the WBID (potential 2013)
   Presenter: Ms. Sallye Jude, Chair, Stormwater Subcommittee
   

In addition we may discuss the following monthly and annual MRC projects and publications:

• Monthly volunteer Miami River beautification events

• Monthly public MRC meetings

• Monthly grant writing to fund & implement MRC goals

• 17th Annual Miami Riverday free festival, April 6, 2013

• 14th Annual Miami River Commission Annual Report, December 2012

• 10th Annual Miami River Map and Guide, April 6, 2013

• 2nd Annual Miami River Calendar, December 1, 2012
  

Considering our board consists of volunteers with busy schedules, if the MRC board wants to conduct the outlined “Miami River Planning Retreat”, I recommend it be the sole agenda item at a future regularly scheduled 1st Monday of the month MRC public meeting, here, at noon. No attendees commented on the potential of having another Miami River Planning Retreat.

II. Review 2nd Draft Miami-Dade County New Zoning Code “Article XXXIII(S)
Palmer Lake Metropolitan Urban Center District”

“Attendee’s reviewed the distributed 2nd draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, MRC Urban Infill subcommittee’s August 9 public meeting minutes, and the MRC Greenways subcommittee’s September 12 public meeting minutes i9n which both Urban Infill Chairman Murley, and Greenways Chairman Martin suggested the MRC recommend approval of the 2nd Draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, subject to the following conditions:

1) Amendments are needed to become consistent with Miami-Dade County’s adopted Miami River Greenway Action Plan, the voter approved waterfront building setback, Miami River Greenway Design Standards and Guidelines, and the 5 miles of Miami River Greenway constructed to date. For example:

A. Pg. 9, minimum sidewalk width for the on-road Miami River Greenway portion of the “C-D” Street (along NW South River Drive from Tamiami Canal to NW 25 ST) and along the on-road Miami River Greenway portion of a “B” street (NW 25 ST from NW South River Drive to NW 37 Ave) should become “8 feet wide and mesa beige color”

B. Pg. 10, (1) (d), insert “non-waterfront” in front of “rear setbacks shall be zero”

C. Pg. 13, (4) (b), beginning of 1st sentence insert “Restaurant, entertainment,” and consistent with the route established in Miami-Dade County’s adopted Miami River Greenway Action Plan, replace “the Miami River, Tamiami Canal, and or Palmer Lake” with “the route established in the adopted Miami River Greenway Action Plan, all parcels and public right of way along NW South River Drive from Tamiami Canal to NW 25 ST, and all parcels and public right of way along NW 25 ST from NW South River Drive to NW 37 Ave,”

D. Pg. 13, (4) (b), replace “waterfront setback of 20 feet” with “waterfront setback of 50 feet unless the parcel is less than 200 feet wide (from shoreline to street property line) then the waterfront building setback becomes 25% of the property width.”

E. Pg. 13, (4) (b), “This setback area shall be furnished with walkways, seating areas…” include / insert “decorative trash cans, way-finding signage as appropriate,”

F. Pg. 13, (4) (b) delete entire sentence which starts with “For properties adjoining Palmer Lake docks or boardwalks…:

G. Provide details of public riverwalk cross-section with unobstructed walkway minimum 16-feet wide, plus additional areas for landscaping zone, benches, lights, etc.

H. provide details of public on-road greenway cross-section, featuring unobstructed 8 foot wide mesa beige sidewalk (on upland side of NW South River Drive), pull in on-street parking on riverside of street, landscaping, benches, decorative lights, decorative trash cans, and way-finding signage.

I. Pg. 16, (6), for on-road Miami River Greenway portion of street types “C-D” (NW South River Dr from Tamiami Canal to NW 25 ST) and the on-road Miami River Greenway portion of street type “B” (NW 25 ST from NW South River Drive to NW 37 Ave) do not allow trees to be in the sidewalk. The sidewalk width should be unobstructed, and the separate landscape area with trees and plants should be located in-between the street and unobstructed sidewalk areas.

J. Create one new street type for “on-road Miami River Greenway”, which would only apply to the route per County’s adopted Miami River Greenway Action Plan (NW South River Drive from Tamiami Canal to NW 25 ST, and NW 25 ST from NW South River Drive to NW 37 Ave). The cross section should be consistent with the 5-miles of on-road Miami River Greenway constructed to date within 50 foot wide public right of way), and within this area of on-road Miami River Greenway, where the current public right of way is 70 feet side, use the extra 20 feet of public right of way to maximize the existing on-street parking for businesses operating in these narrow riverfront lots.

2. Pg. 1, (D), replace “The Miami River” with “Navigable Waters”

MRC members asked for the Comprehensive Plan definitions of the “Port of Miami River” sub-element, and where does it apply. Chairman Aguirre stated last Friday afternoon the County’s Planning Department informed the MRC they estimate later this month they will complete and release a 3rd draft new zoning ordinance, for the far upper River’s south shore. In addition, the County’s Planning staff kindly agreed to present their revised draft ordinance at the MRC’s next public 1st Monday of the Month meeting at noon, November 5.

III. Committee Reports
A. Greenways Subcommittee – Chair Dr. Ernie Martin was unable to attend the meeting, therefore Director Bibeau provided the following report:

The Miami River Greenway subcommittee’s September 12, 2012 public meeting minutes have been distributed.

I would like to thank the Florida Inland Navigation District, and our beloved Miami-Dade member Spencer Crowley for awarding the Riverwalk a $500,000 grant to Miami–Dade County.

Miami-Dade County Greenway Construction Update:
I would like to thank Miami-Dade County which awarded a contract to construct 4 of their currently 100% funded and designed sections of the public Miami River Greenway.

City of Miami Construction Update:
I would like to thank the City Commission whom on September 13 unanimously approved awarding contracts to construct the next 2 of their currently 100% funded and designed sections of the public Miami River Greenway. These 2 sections will be using $2 million in awarded federal grants, authored by MRC Director Bibeau, and extend along the south shore from the current terminus at NW 5 ST to the NW 12 Ave Bridge.

We are making progress on the 2 needed public paid parking lots for Miami River Greenway attraction areas. Renovations are nearing completion in the vacant public right of way in order to create a public paid parking lot in the Lummus Park Historic District. In addition, the MPA executed FDOT’s lease to renovate the vacant public right of way beneath the Brickell Bridge’s south shore, in order to create a public paid parking lot next to the Miami Circle, a National Historic Landmark.

Volunteers
The next monthly volunteer Miami River beautification event is Sunday, October 14, 11 AM - 1 PM, replanting the community vegetable and fruit garden and picking up litter along the shoreline here at 1401-1407 NW 7 ST.

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is next Wednesday, October 10.

B. Stormwater Subcommittee – Mr. Robert Weinreb, City of Miami thanked the Florida Inland Navigation District (FIND) for awarding the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup Project a $700,000 grant. Thus far the fully permitted and “shovel ready” estimated $20 million project has $3.4 million appropriated, consisting of $1.7 million in FIND grants matched by $1.7 million in City funds. The MRC commended FIND and the City of Miami for the recent additional appropriations.

IV) New Business - Mr. Scott Alfele, Ebsary Foundation, stated the growing seawall construction company was founded in 1922 and has been located on the Miami River since the 1940’s. Mr Alfele expressed concern over recent thefts via water.

United States Coast Guard LT Jennifer Makowski stated they recently sent a letter expressing concerns over the revised, current proposed lengthening of the I-836 Bridge Fender systems, which remain under consideration.

Chairman Aguirre expressed support for the City of Miami to make repairs to the pier structure in order to reopen their existing free public boat ramp on the Miami River in Curtis Park. Chairman Aguirre added the MRC is waiting to receive the City’s revised draft ordinance regarding parking boats on trailers at homes in the City of Miami, including measuring the height from the ground to the top deck (gunnell) of the vessel.

The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report:

The rotating PowerPoint presentation features pictures from the October 14 Miami River Greenway beautification volunteer event. On behalf of the MRC I thank all of the UM volunteers whom re-planted the community vegetable and fruit garden and removed litter along the Miami River Greenway’s south shore, from NW 13 Ave to I-836.

I would like to thank the DDA which awarded the MRC $5,000 for future volunteer Miami River Greenway beautification events in the DDA boundary.

I have distributed letter’s seeking sponsors for the 17th Annual Miami Riverday, and advertisers in the 10th Annual Miami River Map and Guide.

After participating in several Miami River Greenway beautification volunteer events, it has become clear to me that the majority of litter along the Miami River Greenway is from homeless people. Therefore I would like to pro-actively address this issue by inviting the Camillus House, City of Miami Homeless Assistance Program, Partnership for the Homeless, City of Miami Neighborhood Enhancement Teams (NET), etc., to a future MRC meeting.

Vice-Chairman Jay Carmichael:
The following Miami River Voluntary Improvement Plan (VIP) items were addressed:

1) After the MRC received a complaint from a Miami River resident and business owner, reporting the public staircase on the bottom of the SW side of the NW 12 Ave Bridge had been blocked by a new fence, the MRC contacted the Bridge owner, FDOT, which relocated this recently mistakenly installed portion of the fence.

2) MRC reported to the City of Miami Public Works Department that several City owned Street lights were out along the Miami River Greenway’s north shore, from I-95 to Flagler Bridge. The City is negotiating with FPL regarding whom is responsible to repair the broken street lights.

3) The MRC has been working with several City of Miami Departments and adjacent private property owners, to determine who owns a section of the North Shore, just south of the Flagler Bridge. The City Public Works Department and adjacent property owner emailed the City owns it, but City of Miami Department of Property and Asset Management emailed the City may not own it. Once consensus is reached on ownership, that party will be asked to provide greatly needed maintenance of the mystery abandoned riverfront parcel, including removal of significant debris, litter, and invasive species which have taken over the shoreline.

I asked Director Bibeau to distribute the provided informational flyer and article regarding recently created new “Free Trade Zone”. I’m glad that Miami River Marine Group Executive Director Mark Bailey indicated they had a meeting with the Port of Miami regarding the new “Free Trade Zone” which includes the entire Miami River Corridor.

II. Review 3rd Draft Miami-Dade County New Zoning Code “Article XXXIII(S)
Palmer Lake Metropolitan Urban Center District”
Mr. Jess Linn, Miami-Dade County, presented the revised 3rd draft ordinance which the County proposes for the entire Palmer Lake Study area, including the upper Miami River’s south shore, from Tamiami Canal to the salinity dam. Mr. Linn provided the following estimated timeline:

• December 17, 2012 – Planning Advisory Board
• February 2013 - Board of County Commissioners 1st reading to create the proposed new zoning code
• March 2013 – Board of County Commissioners INLUC subcommittee
• April 2013 – Board of County Commissioners 2nd reading to create the proposed new zoning code
• July 2013 – process repeats to apply the new zoning code to all parcels within the study area, unless property owners “opt-out” in writing (would stay with existing Industrial zoning code, and not switch to the proposed new code)

“Attendee’s reviewed the distributed 3rd draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, MRC Urban Infill and Greenways subcommittee’s October 15 public meeting minutes, in which both Urban Infill Chairman Murley, and Greenways Chairman Martin suggested the MRC recommend approval of the 3rd draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, subject to the following conditions:
UIWG Chairman Murley and Greenways Subcommittee Chairman Martin suggested the MRC recommend approval of the 3rd Draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, subject to the following conditions:

1) The following revisions are needed to become consistent with Miami-Dade County’s adopted Miami River Greenway Action Plan, the 5 miles of Miami River Greenway constructed to date, and Miami-Dade County’s designed, funded and owned public riverwalk sections (currently starting construction):

A. Pg. 15, (4) (b), make the waterfront building setback consistent with the majority of the Miami River by replacing it with “When the parcel is less than 200 feet wide (from shoreline to street property line) then the waterfront building setback becomes 25% of the property width.”

B. Pg. 15 (C) and Pg. 16 (D), insert the Miami River Greenway design specifications for landscaping, benches, decorative lights, decorative trash receptacles, way-finding signage, etc. in order to be consistent with the 5 miles of Miami River Greenway constructed to date

C. Pg. 19 (a)(1), along the on-road Miami River Greenway, do not allow trees to be planted in the sidewalk. The sidewalk width should be unobstructed, and the separate landscape area with trees and plants should be located in-between the street and unobstructed sidewalk areas. (consistent with cross section, not text)

D. Pg. 15 iii., Within the public right of way along the riverfront side of NW South River Drive, maintain the current well used / maximum on-street truck & vehicle parking, which is critical to the marine industrial businesses operating cranes etc. on narrow

2) Achieve consistency with Miami-Dade County adopted Comprehensive Plan’s “Port of Miami River” sub-element by:

A. Pg. 8, (f), delete, “and apartment hotels developed for transient residential usage shall be permitted up to 375 units per acre” and maintain the current code’s density (75 units per acre) for the uses of “Hotels” and “Motels” (for example the recently constructed Element Hotel on Palmer Lake)

B. Pg. 1, replace (D) with “Maintains and promotes the ‘Port of Miami River’ Sub-element of the adopted Comprehensive Plan”

Attendees reviewed the Miami-Dade County adopted Comprehensive Plan’s “Port of Miami River” map (Miami River and Tamiami Canal in unincorporated Miami-Dade County) and sub-element which for example states, “Objective PMR-1 - Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses.”

Dr. Martin stated he has attended several Palmer Lake Steering Committee meetings, and commended Director Bibeau for his excellent efforts expressing the MRC’s advisory recommendations during the difficult meetings.

Mr. Linn stated MDC is working on making more revisions before releasing a 4th draft new zoning ordinance, for the far upper River’s south shore. Therefore the MRC agreed to consider the to be released 4th draft ordinance at the MRC’s next public 1st Monday of the Month meeting, December 3, noon, 1407 NW 7 ST.

III. Committee Reports
A. Greenways Subcommittee – Chair Dr. Ernie Martin provided the following report:
The Miami River Greenway subcommittee’s October 10, 2012 public meeting minutes have been distributed.

Dr. Martin stated the MRC previously (March 5, 2012) passed a resolution recommending the City of Miami enforce their previous memo and MUSP regarding the Epic development, located immediately east of the Brickell Bridge, by requiring their construction of the approved public riverwalk within the Phase II footprint. Dr. Martin stated as a member of the Urban Environment League, not as a member of the Miami River Commission, he intends on bringing this long standing to be resolved issue to the attention of the Miami Herald.

I would like to thank Miami-Dade County and the Miami Parking Authority for finishing construction of the public paid parking lot in the Lummus Park Historic District.

Informational flyers have been distributed for the next monthly volunteer Miami River beautification event this Saturday, November 10, 9-11 AM, in Little Havana (South Shore from Jose Marti Park to SW 2 Ave Bridge).

The Greenways subcommittee’s regular monthly public meeting schedule remains the 2nd Wednesday of every month, 2 PM, here. Therefore our next public meeting is next Wednesday, November 14.

B. Stormwater Subcommittee – Stormwater Subcommittee Chair Sallye Jude was out of town and unable to attend the MRC meeting, therefore the item was deferred to the MRC’s 12/3/12 meeting.

IV) New Business -The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report:
The MRC passed a unanimous resolution adopting the previously distributed draft MRC public meeting minutes.

The rotating PowerPoint presentation features pictures from the November 10 Miami River Greenway beautification volunteer event. On behalf of the MRC, I thank all of the MIRA USA volunteers whom planted, painted, picked up litter, pulled weeds and spread recycled mulch along the Miami River Greenway’s south shore from Jose Marti Park to NW 2 Ave Bridge.

Friendly reminder of 2 exciting opportunities, advertising in the 10th Annual Miami River Map and Guide and sponsoring the free 17th Annual Miami Riverday in Lummus Park, on April 6.

Vice-Chairman Jay Carmichael stated in November the following Miami River Voluntary Improvement Plan (VIP) items were addressed:

1) FPL agreed to repair the several broken Street lights along the Miami River Greenway’s north shore, from I-95 to Garcia’s and Casablanca Restaurants.

2) The City of Miami reached consensus that they own a section of the north shore, and kindly agreed to provide the greatly needed maintenance including removal of significant debris, litter, and invasive species which have taken over the shoreline and being used as cover for illegal activities, where arrests have been made.

3) MRC conducted a site visit with FDOT beneath the Flagler and 1 ST Bridges, and FDOT agreed to send inmates to assist with the needed pick-up of illegal dumping and litter beneath the Bridges.

4) Director Bibeau painted over graffiti in November at the following locations:

• Brickell Bridge
• 17th Ave Bridge
• Jose Marti Park
• Public Riverwalk west of Brickell Bridge

In addition, MRC commenced picking up debris, illegal dumping, and litter in the Little Havana portion of the Miami River corridor, and completed the first 10 of 100 hours, consistent with a previous MRC resolution. Much of the litter was found in and adjacent to the Storm Water system, which remains the leading pollution source into the Miami River.

II. Review 4th Draft Miami-Dade County New Zoning Code “Article XXXIII(S)
Palmer Lake Metropolitan Urban Center District”
Mr. Jess Linn and Mr. Eric Silva, Miami-Dade County, presented the revised 4th draft ordinance which the County proposes for the entire Palmer Lake Study area, including the upper Miami River’s south shore, from Tamiami Canal to the salinity dam. Attendee’s reviewed the distributed 4th draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District” and MRC Urban Infill Chairman Murley’s November 26 Memo. In addition, attendees reviewed the Miami-Dade County adopted Comprehensive Plan’s “Port of Miami River” map (Miami River and Tamiami Canal in unincorporated Miami-Dade County) and sub-element which for example states, “Objective PMR-1 - Maintain and promote marine activity on the Miami River and protect these activities from encroachment or displacement by incompatible land uses.”

The MRC passed a unanimous resolution (12-0) concurring with MRC Urban Infill Subcommittee’s suggestion to recommend approval of the 4th draft Miami-Dade County New Zoning Code, “Article XXXIII(S) Palmer Lake Metropolitan Urban Center District”, subject to the following conditions:

1. The following revisions are needed to become consistent with Miami-Dade County’s adopted Miami River Greenway Action Plan, the 5 miles of Miami River Greenway constructed to date, and Miami-Dade County’s designed, funded and owned public riverwalk sections, which are currently starting construction:

A. Pg. 17, ii., make the waterfront building setback consistent with the majority of the Miami River by replacing it with “When the parcel is less than 200 feet wide (from shoreline to street property line) then the waterfront building setback becomes 25% of the property width.”

B. Pg. 17 (b), insert the Miami River Greenway design specifications for landscaping, benches, decorative lights, decorative trash receptacles, way-finding signage, etc. in order to be consistent with the 5 miles of Miami River Greenway constructed to date and the County’s construction engineering documents.

2) Achieve consistency with Miami-Dade County adopted Comprehensive Plan’s “Port of Miami River” sub-element by:

Pg. 8, (2), delete, “and apartment hotels developed for transient residential usage shall be permitted up to 375 units per acre” and maintain the current code’s density (75 units per acre) for the uses of “Hotels” and “Motels” (for example the recently constructed Element Hotel on Palmer Lake)

Pg. 1, replace (D) with “Maintains and promotes the ‘Port of Miami River’ Sub-element of the adopted Comprehensive Plan”

III. Review 2nd Draft City of Miami Ordinance Regulating Boat Storage at Homes – Attendees reviewed the distributed 2nd draft ordinance, and MRC Urban Infill Subcommittee Chairman Jim Murley’s November 26 memo which states, “During the MRC’s December 5, 2011 public board meeting, the MRC considered the 1st reading draft ordinance and passed a resolution recommending the City ‘consider modeling it after the more acceptable Miami-Dade County Ordinance regarding recreational boat storage at homes.’ The revised 2nd reading draft ordinance has been distributed, which I respectfully recommend the MRC support because the improved 2nd reading ordinance is more consistent with the County’s related ordinance.” The MRC voted 6-5 to no longer provide an advisory recommendation regarding this issue.

IV. Committee Reports
A. Greenways Subcommittee – Chair Dr. Ernie Martin provided the following report:

The Miami River Greenway subcommittee’s November 14, 2012 public meeting minutes have been distributed.

Informational flyers have been distributed for the next monthly volunteer Miami River beautification event this Saturday, December 8, from Jose Marti Park to NW 1 ST.
Dr. Martin distributed Ms. Nina Torres’ “Courtesy Pass” for the Miami River Art Fair, December 4-9.

B. Storm Water Subcommittee- Chair Sallye Jude - Next public meeting is here (1407 NW 7 ST) this Wednesday, December 5, 10 AM. Agency representatives will be presenting respective updates on implementing FDEP’s Wagner Creek and Seybold Canal Walk the WBID, and the Miami River Basin Water Quality Improvement Plan.