I. Miami River Greenway Governance – MRC staff reported City of Miami Planning Director Mr. Francisco Garcia had requested a deferral of the February 8 City of Miami Waterfront Advisory Board (WAB) meeting, for which he had previously been scheduled to present an update of existing riverwalk conditions along the Miami River.  Mr. Bibeau noted Mr. Garcia and various representatives from the Planning Department had attended the January 11 WAB meeting to present the PowerPoint, “Miami River Existing Conditions-as of January 7, 2011.” MRC staff noted the PowerPoint presentation was described by Mr. Garcia as a “preliminary first step” in documenting/addressing riverwalks constructed by the private sector which are not in compliance with City of Miami approvals. Ms. Ashley Chase, MRC Assistant Managing Director, noted Mr. Garcia had stated that the city would create an “action plan” to bring these ten projects (case-by-case) into compliance and report their status to the WAB on a monthly basis at 6:30 pm, Miami City Hall, 3500 Plan American Drive, yet the February 8 WAB meeting was cancelled due to a lack of agenda items. Ms. Chase noted the next WAB meeting is March 8, 6:30 pm at Miami City Hall.

Mr. Bibeau and Ms. Chase noted they had requested a copy of Mr. Garcia’s Powerpoint, but had yet to receive it. Ms. Suzanne Hollander, FIU, noted Ms. Luciana Gonzalez, Planning Department, would be attending her class today and would therefore request a copy directly from her. 

GSC Chair Martin applauded Mr. Garcia’s ongoing efforts to address riverwalk inconsistencies, and hoped he would honor his commitment to attend and keep the WAB updated of the city’s progress during their monthly meetings. Mr. Bibeau explained that Building Director Orlando Garcia was supposed to have been the presenter on behalf of the City at the January 11 WAB meeting, but had backed out last minute, thereby prompting Mr. Garcia to attend in good faith. Mr. Bibeau noted Mr. Garcia had formerly explained the majority of these specific issues involving riverwalk inconsistencies, are mostly under the purview of the Building Department and Code Enforcement.

II. New Development – Mr. Bibeau noted Mr. Albert Sosa, Assistant Director of the City of Miami’s Capital Improvements Program, was unable to attend today’s meeting. Mr. Bibeau therefore led a review of the distributed “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway – January 27, 2011” and updated / reconfirmed the following information:

• B-30651

Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to: 
A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST
* BCC firm is in charge of sections A and C
D. Lummus Landing (riverfront portion of Lummus Park)- City is currently soliciting design in order to re-activate site; survey phase expected to start by late February estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City providing additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which is scheduled on City Commission’s January 27 agenda item RE. 3, and the remaining $414,993 at a future City Commission meeting. 
Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C)
$1,076,000 million additional for Area D 
Design Status: City contracted firm commencing design estimated completion March 15, 2011, 60% in January (Area’s A & C) followed by submittal to FDOT for LAP execution (estimated execution September 15, 2011)
Area B – City needs to hire firm to design
Area D – Soliciting Design Bids – Survey February 2011, complete design Fall 2011
Construction Status:  Need to finish design and then advertise for construction bids (estimated September 15, 2011)
Needed Action Items:

1) January 27 City Commission approves $661,007 funding reappropriation, to be followed by $414,993, needed to finish riverwalk in Lummus Park
2) Finish design (A&C estimated March 15, 2011 - 60% complete expected in January)
3) Contract firm to design “B” date to be determined and “D” in February / March
4) FDOT execute LAP (estimated September 15, 2011)
5) Advertise for construction bids (estimated September 15, 2011)
6) Execute construction contract (estimated December 15, 2011)
7) Issue construction Notice to Proceed (estimated January 15, 2012)
8) Estimated 10 month construction period (estimated January 15, 2012 – November 20, 2012)

• B-40686 

Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  Advertised for construction bids on December 30, 2010 – Opening bids 2/9/11 - LAP executed 10/8/10
Needed Action Items:

1) Addendum will be issued by January 21 making minor revisions to design to incorporate 2 existing riverfront public pocket parks owned by MDC (NW 2 ST) and AT&T (NW 1 ST)
2) execute construction contract (estimated March 20, 2011)
3) Issue construction Notice to Proceed (estimated April 20, 2011)
4) Estimated 10 month construction period (estimated April 20, 2011 – February 20, 2012) 

• B-30336

Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commencing design, estimated to be 90% complete by February 15, 2011, (City received 60% complete in November 2010) which will then be submitted to FDOT to execute a LAP agreement, expected to take 6 months and be executed by August 15, 2011
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:

1) Finish design (estimated February 15, 2011)
2) FDOT execute LAP (estimated August 15, 2011)
3) Advertise for construction bids (estimated September 15, 2011)
4) Execute construction contract (estimated December 15, 2011)
5) Issue construction Notice to Proceed (estimated January 15, 2012)
6) Estimated 10 month construction period (estimated January 15, 2012 – November 20, 2012)    

• B-30130

Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010
Construction Status:  City needs to finish design and advertise for construction bids
Needed Action Items:
1) FDOT LAP execution (estimated July 15, 2011)
2) Advertise for construction bids (estimated July 15, 2011)
3) execute construction contract (estimated October 15, 2011)
4) Issue construction Notice to Proceed (estimated November 15, 2011)
5) Estimated 10 month construction period (estimated November 15, 2011 – September 14, 2012)

• B-40643A

Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• City advertised for construction bids August 16, 2010
• 10 month construction period (late February 2011 – late December 2011)
Needed Action Items:Determine relocated tree locations within Spring Garden, especially Point Park

• City to issue new CIP Project Number – FDOT provided FM Number

Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status: Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:

1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST
2) Hire Engineer in August to make construction documents
3) Execute LAP agreement (City Commission and FDOT); City will initiate the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction 7/1/13 design 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013

Mr. Bibeau provided the following additional information:
B-30336 – Mr Sosa told Mr Bibeau during their recent site visits that the yet to be provided 60% complete construction engineering documents in the area immediately west of NW 12 Ave has a substandard / narrower Greenway, per the request of the City’s Fire Department which has a facility in this area.  GSC Chair Martin stated that area appears to have sufficient right of way, and that he hopes the City may provide the standard Greenway width in this area, or a better understanding as to why the narrower width is required.  GSC Chair Martin noted the January Greenways subcommittee public meeting minutes include Mr Sosa stating he would present this projects plans at today’s public Greenways meeting, therefore that presentation should be deferred to the MRC’s March public Greenways subcommittee meeting.

B-30130 – Mr. Bibeau showed Mr Sosa during the site visit where the planned trees, immediately west of South Miami Ave Bridge would block the planned public riverwalk connector running parallel to the Bridge wall.  Mr Sosa has replied the City would make a field change after the project commences construction to avoid obstructing the referenced future planned connectors.

B-40643A – Regarding, “Needed Action Items:

• Determine relocated tree locations within Spring Garden, especially Point Park”

becoming time sensitive as project breaks ground.  Sosa and Ms Broton to meet 2/8/11.  Ted Baker, City Parks, wants to meet with Hector Badia, CIP, to make the tree relocation plan.

“6” – Mr. Bibeau reported he met with the managers for the two buildings on south shore, west of Brickell, whom were positive about the Concept of having the City use the awarded riverwalk grant funding in this area be as preferred on the waterfront, rather than the street.

Miami-Dade County
Mr Bibeau referenced several emails from Lana Moorey, Miami Dade County Project Manager for the $7.5 million “Miami River Greenway” line item in the County’s voter approved 2003 GOB bond.  Thus far estimated $1,217,334 million has been issued, of which $500,000 was spent on the 100% complete construction engineering documents for 6 of 9 County owned sites requiring the public riverwalk per their adopted Miami River Greenway Action Plan.  Of the remaining estimated $6.2 million in the line item, $4.2 million is included in the draft project list for the next bond series issuance, which is now expected to be considered by the Board of County Commissioners in March 2011, which would leave the final $2 million to hopefully be issued in 2012.  The County estimates it will need additional funding to complete construction of all three remaining Count  owned sites which are yet to commence design, and are therefore considering various grant options.

Using $79,000 of the $1 million balance from the first issuance for this line item, Miami-Dade County hired a contractor to install the new and improved stormwater drainage for the WASD site on North River Drive, adjacent to Lummus Park.  Ms Moorey emailed “Anticipated Construction Start Date: February 7, 2011”.

The following email chain was provided:

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Tuesday, January 18, 2011 5:14 PM
To: brett bibeau
Cc: Ona, Leandro (PWD)
Subject: RE: Miami River Greenways

Mr. Bibeau,

This is the status on permits for the subject project:

FDEP requested a survey of the MHWL (mean high water line) for two of the sites.  We are currently working on the surveys and have until March to submit the second round of Request for Additional Information (RAI).  The provided information will be sent to Tallahassee staff for consideration.  If Tallahassee staff approves the location of the seawalls, permit will be granted, otherwise we need to redesign the project accordingly.
Second response of RAI will be forwarded soon to DERM.
We have addressed the comments from the ACOE.
Thank you,
Lana Moorey, P.E.
Miami-Dade County Public Works Department
Highway Division
Plans Review and Design
Phone: (305) 375-2863
Fax:     (305) 679-7738
E-mail: lana@miamidade.gov

From: brett bibeau [mailto:miamiriver1@bellsouth.net]
Sent: Tuesday, January 18, 2011 4:26 PM
To: Moorey, Lana (PWD)
Subject: RE: Miami River Greenways

Dear Ms. Moorey:
In your following May 28, 2010 email you wrote, “All permit applications have been submitted to the environmental agencies”.  In the 7.5 months which have passed since then, were all the permits executed?
Thanks and have a nice day.
Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Friday, May 28, 2010 11:00 AM
To: brett bibeau
Cc: Ona, Leandro (PWD); Finol, Ana (OCI)
Subject: FW: Miami River Greenways

Good Morning Mr. Bibeau,

The 100% design plans for the subject project are expected in the third week of June 2010.
All permit applications have been submitted to the environmental agencies.
Pending is submittal of drainage plans for WASD parking lot and permitting.
Title search for the parcels to be donated is still ongoing. After it is completed, R/W Division will prepare the legal and sketches.

Please find below information provided by OCI regarding funding for the subject project.

• The list of projects to be funded from a bond sale has to be approved by the BCC.
• No final list of projects has been developed for the next bond sale. We are still vetting the list.
• The previous and current bond sales include a total of $1,217,334 for Project # 126.
• The current draft list of projects to be funded from the next two bond sales does not include funding for the construction phase of the 6 identified parcels on this project. We are talking to PWD to see if there is sufficient funding in the current plan to construct one or more sites.
• OCI continues to gather input from stakeholders and continues working with OSBM to finalize this plan.

Thank you,
Lana Moorey, P.E.
From: brett bibeau [mailto:miamiriver1@bellsouth.net]
Sent: Thursday, April 22, 2010 12:20 PM
To: 'Moorey, Lana (PWD)'
Subject: RE: Miami River Greenways
Hi Ms. Moorey:
When is MDC PW issuing RFP to construct the engineering documents?
THX and have a nice day
Sincerely,
Brett

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Thursday, April 15, 2010 2:43 PM
To: brett bibeau
Subject: Miami River Greenways
Brett,
OCI advised that $1,217,334 of bonds have been sold. There are two projected bond sales:  one at the end of 2010 and another one at the end of 2011.   The remaining of $7.5 mil can be divided and sold at the end of calendar years 2010 and 2011.
Thank you”

Mr. Bibeau stated Ms Moorey is exploring if its possible to issue another construction RFP now with the remaining currently available funding, perhaps for the 2nd Ave site to connect with the planned Latitude Riverwalk correction.
      
Mr Bibeau reported after turning in permit applications for the WASD site, the Miami Parking Authority and Miami-Dade County have incorporated design modifications suggested by the City administration, and are in the process of submitting the revised plans to the City for permits.

Mr. Bibeau thanked Ms Moorey and Miami-Dade County for preparing a Transportation Enhancement Project (TEP) $1 million federal grant application for the public riverwalk at County owned Robert King High, an elderly affordable housing community area across the street from the new Ballpark.  Per the County’s request, the MRC provided a letter of support for the grant application, which Ms Moorey stated would be submitted in March 2011.  Mr. Bibeau continues recommending the County also apply to a FIND matching grant for the public riverwalk, and FIND annual grant applications are due in March.  Mr. Bibeau stated he informed the County that Spencer Crowley, FIND’s Miami-Dade member, expressed support and desire for the County to submit a $500,000 matching grant application for the public riverwalk.  

III. New Business – Ms. Hollander and Mr. Bibeau discussed potential homework assignments for her FIU students regarding the Miami River. At one point, Mr. Bibeau suggested they locate the contact information for each of the different condo association presidents along the Miami River, but upon further reflection did not want them to be inundated with phone calls. 

The GSC confirmed its next publicly noticed meeting for Wednesday, March 9, 2011, 2 PM, 1407 NW 7 ST.

I.  Miami River Greenway Governance –The GSC thanked Mr. Albert Sosa, Assistant Director of the City of Miami’s Capital Improvements Program (CIP), and Mr. Hector Badia, CIP, for their presentation of the “Spring Garden Tree & Palm Relocation Plan.” GSC Chair Martin noted that 40 trees are planned to be relocated to Point Park. *B, as noted on the record, you offered to insert your meeting notes of this plan since the meeting was conducted prior to the 2 pm GSC meeting that I was preparing for.

II. New Development – Mr. Bibeau noted he and Mr. Sosa had conducted a review of the “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway.” B, as noted on the record, you would insert a track-changed document into the meeting minutes.

1. B-30651 –to be updated

Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to: 

• A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
• B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
• C. South River Drive from NW 5 ST Bridge to NW 7 ST
  * BCC firm is in charge of sections A and C
• D. Lummus Landing (riverfront portion of Lummus Park)- City is currently soliciting design in order to re-activate site; survey phase expected to start by late February estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City providing additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which is scheduled on City Commission’s January 27 agenda item RE. 3, and the remaining $414,993 at a future City Commission meeting. 
  Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C) $1,076,000 million additional for Area D 
  Design Status: City contracted firm commencing design estimated completion March 15, 2011, 60% in January (Area’s A & C) followed by submittal to FDOT for LAP execution (estimated execution September 15, 2011)
  Area B – City needs to hire firm to design
  Area D – Soliciting Design Bids – Survey February 2011, complete design Fall 2011
  Construction Status:  Need to finish design and then advertise for construction bids (estimated September 15, 2011)
  Needed Action Items:
  1. January 27 City Commission approves $661,007 funding reappropriation, to be followed by $414,993, needed to finish riverwalk in Lummus Park
  2. Finish design (A&C estimated March 15, 2011 - 60% complete expected in January)
  3. Contract firm to design “B” date to be determined and “D” in February / March
  4. FDOT execute LAP (estimated September 15, 2011)
  5. Advertise for construction bids (estimated September 15, 2011)
  6. Execute construction contract (estimated December 15, 2011)
  7. Issue construction Notice to Proceed (estimated January 15, 2012)
  8. Estimated 10 month construction period (estimated January 15, 2012 – November 20, 2012)

2. B-40686 –to be updated

Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  Advertised for construction bids on December 30, 2010 – Opening bids 2/9/11 - LAP executed 10/8/10
Needed Action Items:

1. Addendum will be issued by January 21 making minor revisions to design to incorporate 2 existing riverfront public pocket parks owned by MDC (NW 2 ST) and AT&T (NW 1 ST)
2. Execute construction contract (estimated March 20, 2011)
3. Issue construction Notice to Proceed (estimated April 20, 2011)
4. Estimated 10 month construction period (estimated April 20, 2011 – February 20, 2012) 

Ms. Ashley Chase, MRC, noted she would retrieve the design and make a copy for the GSC.

3. B-30336 –to be updated

Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commencing design, estimated to be 90% complete by February 15, 2011, (City received 60% complete in November 2010) which will then be submitted to FDOT to execute a LAP agreement, expected to take 6 months and be executed by August 15, 2011
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:

1. Finish design (estimated February 15, 2011)
2. FDOT execute LAP (estimated August 15, 2011)
3. Advertise for construction bids (estimated September 15, 2011)
4. Execute construction contract (estimated December 15, 2011)
5. Issue construction Notice to Proceed (estimated January 15, 2012)
6. Estimated 10 month construction period (estimated January 15, 2012 – November 20,
   2012)  

4. B-30130  -to be updated

Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010
Construction Status:  City needs to finish design and advertise for construction bids
Needed Action Items:

1. FDOT LAP execution (estimated July 15, 2011)
2. Advertise for construction bids (estimated July 15, 2011)
3. execute construction contract (estimated October 15, 2011)
4. Issue construction Notice to Proceed (estimated November 15, 2011)
5. Estimated 10 month construction period (estimated November 15, 2011 – September 14, 2012)

5. B-40643A –to be updated

Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• City advertised for construction bids August 16, 2010
• 10 month construction period (late February 2011 – late December 2011)
Needed Action Items:

1. Determine relocated tree locations within Spring Garden, especially Point Park

GSC Chair Martin stated he and Mr. Bibeau had reviewed the city’s submitted tree relocation plan earlier today.  

6. City to issue new CIP Project Number – FDOT provided FM Number-to be updated

Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status:  Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:
1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST
2) Hire Engineer in August to make construction documents
3) Execute LAP agreement (City Commission and FDOT); City will initiate the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction 7/1/13 design 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013”

Miami-Dade County
Mr. Bibeau provided an update for the $7.5 million “Miami River Greenway” line item in the County’s voter approved 2003 GOB bond.  Thus far estimated $1.5 million has been issued, of which $500,000 was spent on the 100% complete construction engineering documents for 6 of 9 County owned sites requiring the public riverwalk per their adopted Miami River Greenway Action Plan.  Of the remaining estimated $6 million in the line item, $3.5 million was included in the 45-month project list for the next bond series issuance, approved by the Board of County Commissioners on March 1, 2011. Mr. Bibeau noted there is currently $4.5 million available to construct the six out of nine county-owned sites. This leaves a balance of $2.5 million needed to design and construct the three remaining county-owned sites.

Mr. Bibeau noted the county has applied to a Transportation Enhancement Project (TEP) $1 million federal grant application for the public riverwalk at County owned Robert King High, an elderly affordable housing community area across the street from the new Ballpark.  Per the County’s request, Mr. Bibeau noted the MRC provided a letter of support for the grant application, which Ms. Moorey stated would be submitted in March 2011.  In addition, Mr. Bibeau noted the county expressed an intent to apply to a $500,000 FIND matching grant for the public riverwalk. Even if awarded, Mr. Bibeau stated this grant funding is still not enough to complete the county-owned greenway segments.  

III. New Business – GSC Chair Martin noted a special Greenways meeting has been scheduled with City representatives on Tuesday, March 15, 1 pm at the Miami Riverside Center, 444 SW 2nd Avenue, to discuss the status of ongoing greeneway action items such as: 1) riverwalk inconsistencies; 2) public access; 3) Miami 21 guidelines in relation to the greenway; 4) progress of city “action  items” for privately-owned riverwalk sections, etc.

The GSC confirmed its next publicly noticed meeting for Wednesday, April 13, 2011, 2 PM, 1407 NW 7 ST.

The meeting adjourned.

I.  Miami River Greenway Governance – Mr. Bibeau thanked the City for securing the funding to replace the 67 bollard lights originally installed in 1981, along the north shore public riverwalk from Brickell Bridge to Metro-Mover, many of which were broken and/or missing. Mr. Bibeau added the City estimates the project will be completed in six months (by September 2011).  Mr. Bibeau stated the Florida Department of Transportation (FDOT) had indicated in an email today that the broken hanging lights on the Riverwalk’s north shore, beneath the Brickell Bridge, have been repaired.

MRC staff reported the following three upcoming MRC-coordinated and funded volunteer Miami River Greenway beautification events in April and May:

• April 23: estimated 40 Hands on Miami volunteers will beautify the greenway at a site to be determined.
• April 30: estimated 15 Hands on Miami volunteers will plant fruits and vegetables at the FREE Miami River Community Garden at Robert King High, 1407 NW 7 Street, and perform shoreline cleanup
• May 14: estimated 15 Hands on Miami volunteers will plant fruits and vegetables at the FREE Miami River Community Garden at Robert King High, 1407 NW 7 Street, and perform shoreline cleanup

Mr. Bibeau reported he had attended a Brickell on the River Homeowners Association meeting last month, consistent with the Greenways Subcommittee’s goal of visiting all of the new riverfront Homeowners Associations. Mr. Bibeau added he is still trying to schedule a meeting with the Homeowners Association at Epic.

II. New Development – Mr. Bibeau provided and reviewed the following April 12, 2011 version of the document, “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway:”

1) B-30651
Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to: 
A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST
* BCC firm is in charge of sections A and C
D. Lummus Landing (riverfront portion of Lummus Park)- City is issuing Purchase Order for Milian, Swain and Associates to update their previous design for this site; survey phase expected to start in March, and estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City provided additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which was approved on City Commission’s January 27 agenda item RE. 3, and $414,993 approved at 2/24/11 City Commission meeting. 
Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C)
$1,076,000 million additional for Area D 
Design Status: City contracted firm commenced design, estimated completion April 15, 90% complete provided to MRC Greenways subcommittee 3/9/11 (Area’s A & C)  - Will determine which 2 driveways to be widened for Mr. Black and Mr. Dubin’s riverfront businesses, followed by submittal to FDOT for LAP execution (estimated execution September 15, 2011)
Area B – City needs to hire firm to design
Area D – 3/23/11 issuing PO to Milian, Swain – Survey March 2011, complete design Fall 2011
Construction Status:  Need to finish design and then advertise for construction bids (estimated September 15, 2011)
Needed Action Items:
1) Issue PO for Milian Swain to design Area D (estimated 3/23/11)
2) Finish design (A&C estimated April 15, 2011)
3) Contract firm to design “B” (estimated date to be determined)
4) FDOT execute LAP (estimated September 15, 2011)
5) Advertise for construction bids (estimated September 15, 2011)
6) Execute construction contract (estimated December 15, 2011)
7) Issue construction Notice to Proceed (estimated January 15, 2012)
8) Estimated 10 month construction period (estimated January 15, 2012 – November 20, 2012)

2) B-40686 
Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  Advertised for construction bids on December 30, 2010 – Opening bids 2/23/11 - LAP executed 10/8/10
Needed Action Items:
1) Addendum #4 issued making minor revision to design to incorporate existing riverfront public pocket parks owned by AT&T (NW 1 ST) – City will try to address NW 2 ST existing riverfront pocket park (owned by WASD) by including a bench and trash can on the City owned right of way facing the waterfront, but maybe difficult as located on a curve in the road
2) execute construction contract (estimated April 15, 2011)
3) Issue construction Notice to Proceed (estimated May 15, 2011)
4) Estimated 10 month construction period (estimated May 15, 2011 – March 15, 2012)

3) B-30336
Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee on 3/9/11.  After wider (closer to standard) Greenway included in 100% construction engineering documents, will then be submitted to FDOT to execute a LAP agreement, expected to take 5 months and be executed by 8/15/11
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:

1) Work with Fire Department to avoid substandard / narrow Greenway / CIP to approach Fire Department again in March
2) Finish design (estimated April 2011)
3) FDOT execute LAP (estimated August 15, 2011)
4) Advertise for construction bids (estimated September 15, 2011)
5) Execute construction contract (estimated December 15, 2011)
6) Issue construction Notice to Proceed (estimated January 15, 2012)
7) Estimated 10 month construction period (estimated January 15, 2012 – November 20, 2012)

4) B-30130 
Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010 (provided to MRC Greenways subcommittee 3/9/11)
Construction Status:  City needs to finish design and advertise for construction bids
Needed Action Items:
1) FDOT LAP execution (estimated July 15, 2011 – need to expedite to avoid starting construction after new area riverfront restaurant finishes construction and opens for business)
2) Advertise for construction bids (estimated July 15, 2011)
3) execute construction contract (estimated October 15, 2011)
4) Issue construction Notice to Proceed (estimated November 15, 2011)
5) Field Change to move trees on eastern end to not obstruct planned public walkway parallel to bridge connecting to public riverwalk at planned Big Fish restaurant
6) Estimated 10 month construction period (estimated November 15, 2011 – September 14, 2012)

5) B-40643A
Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• Under Construction - 10 month construction period (2/11 – 12/11)
Needed Action Items:
1)  Determine relocated tree locations within Spring Garden, especially Point Park – City provided Tree Relocation Plan 3/9/11, and the residents provided comments and suggested revisions, of which Spring Garden resident Eileen Broton recently indicated Mr. Albert Sosa, City of Miami Assistant CIP Director, had accepted the majority.

6) City to issue new CIP Project Number – FDOT provided FM Number
Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status:  Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:
1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST by June 2011, because design starts July 2011; met with property owner management and scheduling site visit with lessee Customs
2) Hire Engineer in August to make construction documents
3) Execute LAP agreement (City Commission and FDOT); City will initiate the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction 7/1/13 design 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013

Mr. Bibeau noted the City is applying to a Transportation Enhancement Project (TEP) $1 million federal grant application to create a public riverwalk on the north shore, from the western terminus of the City-owned Spring Garden on-road greenway currently being constructed at 12 Ave, to the existing public riverwalk to the west of I-836.

Mr. Bibeau reported he had attended the April 12, 2011 City of Miami Waterfront Advisory Board (WAB) meeting for the following agenda item,  “V. Update on progress for compliance of Publicly Accessible Riverwalks Constructed by the Private Sector Inconsistent with City of Miami Approvals, presenter: Mr. Orlando Toledo, City of Miami Building Director.” Mr. Bibeau noted MRC staff had received an email a half hour prior to the WAB meeting from Mr. Toledo indicating he would be unable to attend due to personal issues. Mr. Bibeau noted he had clarified for the record that the MRC was not requesting a deferral.  Mr Bibeau stated the item has been under consideration for nearly half a year since the City first presented the item (November 2010), and had pledged to provide an “action plan” to address/bring into compliance public riverwalks constructed by the private sector which are inconsistent with City of Miami approved plans. Mr. Bibeau added the City has yet to present or submit such action plan since the November WAB meeting, and therefore respectfully requested that any projects on the “action plan” list not receive final Certificates of Occupancy (CO) until they have completed construction of their publicly accessible riverwalks, per their City approved plans. Mr. Garcia thanked the WAB for granting the deferral to the May 10, 2011 public meeting, and noted the city in the meantime would try to schedule a meeting with MRC staff to develop the “action plan” prior to presenting it to the WAB on May 10.

Following the April 12, 2011 WAB meeting, Mr. Bibeau noted MRC staff conducted a review of all projects featured in the ““Publicly Accessible” Riverwalks Constructed by the Private Sector Inconsistent with City of Miami Approvals” list in order to identify which projects had received a CO. The following document is a direct result of that research:

““Publicly Accessible” Riverwalks Constructed by the Private Sector Inconsistent with City of Miami Approvals”-Appendix 1-CO Status, Source: City of Miami Website, April 13, 2011                              
                       
1) Epic, 300 Biscayne Boulevard Way: No CO/5 Active Permits

2) One Riverview Square, 300 South Miami Avenue: No CO/No Active Permits

3) Riverfront East CIMA Parcel, 24 SW 4 Street: No CO/No Permit History
            Riverfront East WIND Parcel, 350 South Miami Avenue: No CO/16 Active Permits

4) Riverfront West MINT Parcel, 92 SW 3 Street: No CO/Over 60 Active Permits

5) Brickell on the River, 31 SE 5 Street: No CO/18 Active Permits

6) Day Care, 99 SW 7 Street (Building): No CO/4 Active Permits
Day Care, 75 SW Miami Avenue Road (Riverfront Parking Lot): No CO/No Permit History         
Day Care, 98 SW 6 Street (Sliver Parking Lot Between the Riverfront Parking Lot & Building): No CO/No Permit History

7) Neo Vertika, 690 SW 1st Court: No CO/31 Active Permits

8) Latitude on the River, 615 SW 2nd Avenue: No CO/2 Active Permits

9) Terrazas RiverPark Village, 1861 NW South River Drive: No CO/No Permit History

10) Miami River Oaks Marina & Condominium, 1951 NW South River Drive: No CO/Over 50 Active Permits

Mr. Bibeau noted that none of the aforementioned ten projects have obtained a CO.

In preparation for the upcoming meeting with the City to discuss potential solutions to the
10 subject properties, the GSC developed the following draft “Action Plan:”

• Epic: remove obstruction (vacant temporary sales center building), and construct the public riverwalk on the Epic Phase II site

• One Riverview Square: install benches along the public riverwalk

• Riverfront East: construct public riverwalk and address code violations on seawall

• Riverfront West: complete construction of riverwalk; coordinate connection with Miami-Dade County Riverwalk

• Brickell on the River: create connector pathway on the east side of the property (between the sidewalk and riverwalk);  city has been alerted of Brickell on the River’s intentions to install a fence on this side, eliminating public access

• Day Care: provide setback and public access, as required by the City of Miami Charter and Class II Special Permit

• Neo Vertika: nothing much can be done to correct already constructed 8’-3’ wide riverwalk (though the City approved MUSP originally depicted a 25’-16’ wide unobstructed path); address seawall code violations; improvements are needed to connect the public M-Path to the east and the public riverwalk at Latitude on the River to the west (these developments should partner to make this connector 16 feet wide, as opposed to the current 3 feet)

• Latitude on the River: encourage continued coordination with Miami-Dade County whom will be constructing a publicly accessible riverwalk proceeding beneath the 2nd Avenue Bridge; Latitude should do their part to connect to the county’s riverwalk segment once it has been completed; a $75,000 bond is currently in place to correct the faulty connection between Latitude and the county; owner of Latitude is amenable to this recommended course of action

• Terrazas River Park Village:  install gate in Sewell Park fence, to provide public access to riverwalk and available riverfront restaurant space

• River Oaks Marina & Condominium: MRC staff has requested a copy of the seawall permit; needs to construct the approved and permitted publicly accessible riverwalk and new seawall

Mr. Bibeau noted the ten aforementioned projects still need to comply with former Zoning Code 11,000, which had Miami Riverwalk Design Standards and Guidelines, including requiring the installation of signage indicating a “public riverwalk”, which still need to be installed, as required by the City, at all of the aforementioned 10 public riverwalk sections.

Mr. Bibeau noted MRC staff and GSC Chair Martin had met with City staff on March 15, and had respectfully requested the City to not issue a Certificate of Occupancy to any development until the pledged, approved and permitted public riverwalks are constructed.  Mr. Bibeau stated he had noted it was his understanding that a developer can continue extending their TCO and allow residents to move in and collect rent before having to secure a final Certificate of Occupancy (CO), to which Mr. Toledo had explained that the City recently changed the code regarding this, and now a CO must be obtained 6 months after the TCO is issued and the City may impose fines (of up to 10% of the total project cost) each time the TCO is extended.  In addition, Director Toledo had stated Miami River Oaks Marina and Condominium provided the City a cash bond of $130,000 to complete their public riverwalk. Mr. Bibeau noted City of Miami Public Works Director Zerry Ihekwaba had asked Director Toledo if this was enough money for the project to construct their public Riverwalk and new seawall as required and had decided to re-evaluate this estimate.
Mr. Bibeau stated he would request a follow-up from Mr. Ihekwaba, which he noted could offer a potential solution to the River Oaks action item.

Mr. Bibeau provided MRC Chairman Aguirre with a copy of the document, “Publicly Accessible’ Riverwalks Constructed by the Private Sector Inconsistent with City of Miami Approvals - Appendix 1- CO Status, Source: City of Miami Website, April 13, 2011”, and asked if it would be possible to invite City Manager Tony Crapp, Jr. to the upcoming City meeting, and MRC Chairman Aguirre replied he would see what he could do.

Miami-Dade County
Mr. Bibeau provided an update for the $7.5 million “Miami River Greenway” line item in the County’s voter approved 2003 GOB bond.  Thus far estimated $1.5 million has been issued, of which $500,000 was spent on the 100% complete construction engineering documents for 6 of 9 County owned sites requiring the public riverwalk per their adopted Miami River Greenway Action Plan.  Of the remaining estimated $6 million in the line item, $3.5 million was included in the “45-month project list” for the next bond series issuance, approved by the Board of County Commissioners on March 1, 2011. Mr. Bibeau noted there is currently $4.5 million available to construct the six out of nine county-owned sites. This leaves an insufficient balance of $2.5 million to design and construct the three remaining county-owned sites.  Mr. Bibeau noted the County is therefore applying to a Transportation Enhancement Project (TEP) $1 million federal grant application for the public riverwalk at County owned Robert King High, an elderly affordable housing community area across the street from the new Ballpark.  Per the County’s request, Mr. Bibeau noted the MRC provided a letter of support for the grant application, which Ms. Moorey stated would be submitted in June 2011.  In addition, Mr. Bibeau noted the County applied for a $500,000 FIND matching grant for the public riverwalk.  Mr. Bibeau stated he provided boiler plate drafts to the County, based on similar previously awarded grant applications for Riverwalk funding.  

The County has commenced construction on Phase I (storm drainage) at the Water & Sewer Department site. The Miami Parking Authority (MPA) has submitted to the City a revised permit application incorporating all of the City of Miami’s recommendations and waiver application for construction of Phase II (upland public paid parking lot). Then, Miami-Dade County will submit a permit application to the City for Phase III (public riverwalk component) after the DERM permit is executed, as required by the City.

Miami Circle - On April 8, 2011, FDOT Secretary Gus Pego emailed the MRC indicating that all paperwork will be executed for the public paid parking in the public right-of-way beneath the Brickell Bridge south shore (adjacent to the Miami Circle, a designated national historic landmark) within 8-12 weeks (June 2-30, 2011). Following execution of all necessary paperwork, the MPA has 100% complete construction engineering documents and MPA funding to build a riverwalk and parking lot, and has hired a contractor to make the improvements necessary for the public paid parking lot.

III. New Business
The GSC confirmed next month’s regularly scheduled, 2nd Wednesday of the month, 2 PM, 1407 NW 7 ST, public meeting for May 11, 2011.

The meeting adjourned.

II. New Development – GSC Chair Ernie Martin deferred to MRC Chairman Horacio Stuart Aguirre to conduct today’s meeting since he was unable to attend last night’s City of Miami Waterfront Advisory Board (WAB) meeting in which City of Miami Building Director Orlando Toledo presented an update of publicly accessible riverwalks constructed by the private sector that are inconsistent with City of Miami approvals/requirements. MRC Chairman Aguirre thanked GSC Chair Martin for his continued service and kindly accepted the offer to lead today’s discussion.  MRC Chairman Aguirre welcomed City of Miami Building Director Orlando Toledo, and thanked him for his participation.  MRC Chair Aguirre stated he hoped today’s GSC meeting would help clarify any questions and concerns that may have come up during last night’s WAB meeting.

Mr. Toledo reported he will be initiating a joint effort among Code Enforcement, the Planning Department and Public Works to inspect the ten subject riverfront properties.  Mr. Toledo noted he had already directed his staff to email Code Enforcement to begin the process of scheduling inspections for each site.  Mr. Toledo added he would forward Mr. Bibeau copies of these emails, and Mr. Bibeau expressed his appreciation. Mr. Toledo explained he believed Code Enforcement does not have the “know how” to conduct these inspections independently, and would therefore request assistance from the City of Miami’s Planning, Public Works, Zoning, and Building Departments to accompany Code Enforcement during these inspections.

Mr. Toledo stated The City of Miami’s Zoning Department, is tasked with reviewing plans, yet the individuals in charge of conducting inspections (to ensure compliance) are not Zoning Inspectors, but actually Code Enforcement Officers.  Mr. Toledo reasoned this causes “things to fall through the cracks,” as Code Enforcement Officers do not have the expertise to determine plan compliance.  Mr. Toledo expressed his support to develop a more cohesive system and suggested there be someone at the City solely in charge of reviewing riverwalks, setbacks and seawalls to determine compliance, thereby avoiding future discrepancies. MRC Chairman Aguirre stated he believed everyone here today is operating in good faith and thanked Director Toledo for his ongoing assistance.

Director Toledo stated it would be beneficial to conduct a tour of the ten riverfront sites in the near future with Assistant City Manager Johnny Martinez, Planning Director Francisco Garcia, and Public Works Director Nzeribe Ihekwaba, considering they are relatively new to the City Administration. Mr. Toledo noted he would also like to look into the Big Fish site and the Day Care parking lot during the tour. Mr. Bibeau stated this sounded like a great idea and would appreciate the opportunity to accompany city staff on this tour. Mr. Bibeau asked if it would also be possible for MRC staff to accompany the various City Departments during the upcoming inspection process (of the ten subject riverfront properties) in order to provide an additional perspective, and Mr. Toledo replied this would be fine.

Miami River Oaks Marina and Condominium: Mr. Bibeau stated he had received the following email from Mr. Len Helmers, City of Miami Public Works, on May 10, 2011: “Based on the Planning Department waterfront design guidelines and the conceptual plan prepared by the developer for the "Riverwalk" on the River Oaks Condominium site, the Public Works Department prepared the attached estimate. The $130,000 bond proffered by the developer satisfactorily covers the total estimated construction cost.”

Mr. Bibeau noted that although Mr. Helmers’ email references a $130,000 bond, the attached document shows the “Total Estimated Cost of Improvements” at $165,574,000. Mr. Bibeau stated Mr. Toledo had reported at the WAB meeting that the City had already deposited the $130,000. MRC Chairman Aguirre asked if there was any way for the City to request the $35,000+ balance, and Mr. Toledo replied he would need to touch base with the City Attorney and Miami River Oaks developer.

Mr. Toledo reported that River Oaks had recently failed its “generator test” and is scheduled for a re-test next week.  Mr. Toledo noted the developers of Miami River Oaks Marina and Condominium are roughly three weeks away from requesting their TCO-should they pass the generator test. On behalf of the MRC and the Durham Park Neighborhood Association, Chairman Aguirre stated he welcomed the success of Miami River Oaks Marina and Condominium, as it ultimately benefits the community to have a successful, up-and-running building vs. an empty property subject to vandalism.

Mr. Bibeau stated he assumed that part of the reason the City is investing a considerable amount of money, time and effort to complete the Miami River Oaks Marina and Condominium riverwalk is because it is to be publicly accessible.  Mr. Bibeau asked if the Riverwalk’s public accessiblily was a stipulated requirement of the bond agreement between the City and Miami River Oaks Marina and Condominium, and Mr. Toledo replied no. Mr. Toledo stated Code Enforcement would need to review the permits to determine if the riverwalk is supposed to be publicly accessible. Mr. Bibeau asked if it would be possible to make public accessibility a requirement of the bond agreement, and Mr. Toledo replied the deal has already been struck.

According Director Toledo, Mr. Bibeau had reported that Miami River Oaks Marina and Condominium attorney Gil Pastoriza indicated the riverwalk would be publicly accessible.  Therefore, Director Toledo explained the Miami River Oaks Marina and Condominium public accessibility would need to ultimately be enforced by the City of Miami’s Code Enforcement Department.

GSC Chair Martin assured Building Director Toledo that every developer whom came before the MRC for review of their developments on the public record promised publicly accessible riverwalks.  GSC Chair Martin added this was subsequently folded into the City’s development approvals.  Mr. Toledo replied if that is the case, then Code Enforcement should enforce public accessibility on the riverwalks.  MRC Chair Aguirre and MRC Greenways Subcommittee Chair Martin respectfully recommended the City not construct the planned, promised and approved publicly accessible riverwalk at Miami River Oaks Marina and Condominium, until it is reconfirmed in writing that it will be publicly accessible.

Mr. Toledo explained the bond agreement is being implemented as an assurance to complete the riverwalk, considering that River Oaks has already been taken over by four banks within the past few years.

The GSC asked Mr. Toledo, Ms. Lana Morey and Mr. Leandro Oña, Miami-Dade County Public Works, for an update of the riverfront sites the city and county are working on together.

Riverfront West riverwalk/North Shore Metro-Rail (Miami-Dade County Site 3): Mr. Toledo reported the small area between the FPL public Riverwalk and the MDC Metro-Rail ROW cannot be platted because it’s too small and does not connect to any streets.  Mr. Toledo noted the concept had been discussed to have the developer provide construction easement rights to the City whom would in turn provide them to the County via an interlocal agreement. Mr. Bibeau asked why an interlocal agreement would be required, and Ms. Moorey replied because the property is within the City’s jurisdiction. Mr. Bibeau asked for a timeline to execute this initiative, and Ms. Moorey replied a cost estimate of $159,000, for the two small areas on both sides of metro-rail north shore (without lights), had been provided to the developer and the City in April.  Ms Moorey added the developer has indicated they feel $152,000 is a more accurate and agreeable amount to provide the City/ County to construct the public riverwalk on their 2 small designed riverfront sites on the north shore, on both the east and west side beneath metro-rail.  Mr. Bibeau asked if the aforementioned $159,000 – $152,000 would be transferred within the easement agreement from the developer to the City, and Ms. Moorey replied yes. Mr. Bibeau asked who on behalf of the City is negotiating the agreement with the developer, and Mr. Toledo replied Public Works Director Ihekwaba and a few other individuals are involved. Once the agreement between the City and the developer is approved, Mr. Bibeau asked about the process of executing the referenced Interlocal Agreement between the City and County. Mr. Toledo noted the Miami City Commission would need to approve the Interlocal Agreement, which could take roughly 60 days for the item to make its way onto the City Commission agenda.  Mr. Oña added that following approval by the Miami City Commission, the agreement would need to go before the Board of County Commissioners for approval, which could take anywhere between 90-120 days.  If approved, the City would then transfer the developers provided funding to the County, which would hire a private construction firm to build the areas at the same time as the adjacent and designed County public riverwalk sections are being constructed.  After construction is completed, the construction easement would revert back to the private property owner, which would retain future ownership and maintenance responsibilities of the public riverwalks.  Mr. Oña noted he would keep MRC staff updated regarding ongoing discussions among the County, City and the developer.

Neo Vertika/South Shore Metro-Rail (Miami-Dade County Site 4): Ms. Moorey reported County staff had left voicemails for the Neo Vertika attorney, but the recent calls were not returned. Mr. Bibeau stated it was his understanding based on previous meetings with Miami-Dade County and the Neo Vertika Homeowners Association Attorney, that they were willing to donate to the County the small riverfront silver of land needed to construct the County designed public riverwalk.  Mr. Oña noted this idea was no longer on the table because the County Attorney’s Office didn’t want to accept the additional liability, therefore the County and City are now considering implementing an interlocal agreement, bond agreement, similar to Site 3.  Mr. Bibeau asked if the County is serving as the lead negotiator for this site, and Ms. Moorey replied yes, and the NEO Vertika Attorney had indicated they were not willing to provide the future maintenance of the public riverwalk.  GSC Chair Martin noted Neo Vertika is one the projects along the Miami River in which the developer has turned the building over to the condo/homeowners association, and therefore recommended reaching out to them directly. Mr. Bibeau respectfully asked if the City could impose/direct Neo Vertika to provide future maintenance of their public riverwalk considering 1) a publicly accessible riverwalk was a part of their city-approved MUSP; 2) the City of Miami has had an open Seawall code violation for this site for over a year and 3) Miami-Dade County is already providing considerable assistance in design and permitting, and Mr. Toledo replied he would need to seek guidance from the City Attorney as he does not have the authority to make such decisions.  Mr. Bibeau suggested the County reconsider the original plans for the County to accept the offered donations of needed riverfront from Neo Vertika and Mint / Ivy / Keyes International, to donate the land to Miami-Dade County.  Mr. Oña explained the County Attorney recommended not accepting the offered donation of the few small needed and designed riverfront areas due to additional liability.

Benzol Property/Day Care Parking Lot/South shore Metro-Mover (Miami-Dade County Site1): Ms. Moorey noted the property owner does not want a public riverwalk, but does want a new seawall.  Mr. Toledo reported that when the building tenant expressed interest in having a riverwalk at this site, the property owner threatened to remove them from the lease. Therefore the Class II Special Permit does not require a public riverwalk.  Mr. Toledo faulted the City of Miami Planning Department for not requiring a riverwalk in the Class II Special Permit. Mr. Ron Nelson, Office of Miami City Commissioner Marc Sarnoff, expressed his support to construct a public riverwalk and seawall at this site.

Latitude on the River/South Shore 2nd Avenue (Miami-Dade County Site 5):  Mr. Toledo reported the City has not communicated with Latitude representatives in over two years. Mr. Toledo noted the only solution he could perceive is to have Public Works and Code Enforcement cite them (i.e. issue Notice of Violations for not constructing their riverwalk according to city-approved plans and not correcting their elevation issues with neighboring parcels). Mr. Bibeau noted the City has a tremendous opportunity to partner with the County since they will be establishing a riverwalk connection beneath the SW 2nd Avenue Bridge, which is adjacent to Latitude. Mr. Toledo noted he was not aware of this. Instead of undergoing the process of an interlocal agreement, Mr. Oña stated Latitude can endeavor-on their own-to establish a connection beneath the SW 2nd Avenue Bridge. Attendees recalled the previously stipulated $75,000 bond from the developer for this site.  Mr. Bibeau asked how the 18-inch elevation difference is being addressed. The County’s 98% complete construction engineering documents in the meeting come up 8 inches to meet with Latitude’s planned and funded public riverwalk improvements, which would come down 8 inches, so that the riverwalk would meet.  Ms. Moorey noted Latitude never provided their permitted plans to the County.  Ms. Moorey and Mr. Ona stated another set of 98% complete construction engineering plans have been generated, which eliminate increasing the elevation by 8 inches.  Mr. Bibeau suggested that County staff email Latitude (and copy MRC staff) to request a meeting. In addition, Mr. Bibeau suggested sending emails to Neo Vertika and Latitude on the River, and Ms. Moorey agreed.

Mr. Bibeau noted it had recently come to his attention that additional land is needed in order for Miami-Dade County to construct a riverwalk:

• North Shore, land beneath County-owned South Miami Avenue Bridge

• South Shore, land beneath County owned SW 2nd Avenue Bridge

Mr. Bibeau noted Ms Moorey had informed him the aforementioned public ROW are owned by the Florida Department of Transportation (FDOT).  Mr. Bibeau asked when the County expected to receive this land from FDOT, and Ms. Moorey explained that firstly, FDOT would need to declare these parcels as surplus, via a letter to the County which FDOT indicated would be provided by June 1, 2011. After that, Ms. Moorey noted a resolution of the Board of County Commissioner’s authorizing the agreement with FDOT would be required, which could take up to 5 months.

Mr. Bibeau distributed the document, “Miami River Commission Greenways Subcommittee Public Meeting Minute Excerpts Related to Project Timeline for Miami-Dade County-owned & Funded Riverfront Parcels:”

September 12, 2007
“Ms. Morales provided a timeline for the entire master plan:
• Surveys – WASD survey will be completed next month/end of September
• Pre-design (aerials, survey, and tests) will be completed prior to May 2008
• Contracting engineering design consultant within10 months
• Anticipated design start for May 2008 after consultant selection process
• Creating Engineering documents within 8 months
• Anticipated design end for December 2008
• Permitting engineering documents – Concurrent with Design/Creating Engineering Documents ends December 2008
• Selecting Construction Contractor within 10 months for bid and award; anticipated award October 2009
• Construction – 180 days – Construction end March 2010”

May 14, 2008
“Mr. Bibeau reported Ms. Priscilla Morales, Miami-Dade Public Works, provided the following updated timeline regarding the construction of publicly accessible riverwalks at six county-owned parcels using the $7.5 million “Miami River Greenway” line item in their General Obligation Bond.
• Cone of silence still in place for Miami-Dade County’s Request for Proposals (RFP) to hire an engineering firm to create construction documents for the greenway sections on the aforementioned county-owned parcels.
•   Administration will recommend firm to the Board of County Commissioners in  December 2008
• January-September 2009: Engineering Construction Documents for Riverwalk at 6 County sites
• April 2010 – April 2011: Riverwalk construction on 6 County owned riverfront parcels”

March 11, 2009
“Ms. Moorey provided the following summary/Anticipated Proposed Project Schedule”
• Master Plan Completion –April 2009
• Design Phase Begins – May 2009
• Design Phase Completion – January 2010
• Project Bid and Award – July 2010
• Construction Begins – August 2010
• Construction Completion – August 2011”
“Dr. Martin welcomed Ms. Moorey, Mr. Cubas, and Ms. Yvette Holt, Holt Communications, Inc., whom distributed a ‘Miami-Dade County PWD Project No. 20070718’ Fact Sheet” which noted,
“Anticipated Proposed Project Schedule:
Master Phase Completion……April 2009
Design Phase Begins……May 2009
Design Phase Completion……January 2010
Project Bid and Award……July 2010
Construction Begins……August 2010
Construction Completion……August 2011”

October 14, 2009
“Ms. Moorey and Mr. Cubas made a one month extension to the project’s estimated timeline as indicated in the March 11, 2009 GSC meeting minutes and the new estimated timeline is:
• Design Phase Completion - February 2010
• Project Bid and Award - August 2010
• Construction Begins - September 2010
• Construction Completed – September 2011”

March 10, 2010
“Project Timeline(s): Mr. Bibeau stated the MRC Greenways subcommittee’s September 12, 2007 public meeting minutes reflect Ms. Priscilla Morales, formerly of Miami-Dade County Public Works, reporting the County’s Miami River Greenway projects on the presented 6 County owned sites using the County’s $7.5 million Miami River Greenway line item approved by the voters at referendum in the County’s 2003 “Building Better Communities” General Obligation Bond (GOB) issue, would commence construction in October 2009 and be completed in March 2010.  The MRC Greenways subcommittee’s May 14, 2008 public meeting minutes reflect Ms. Morales, MDC, reported the estimated timeline would need to be extended, and the County would commence construction of these Miami River Greenway sections in April 2010.  The MRC Greenways subcommittee’s March 11, 2009 public meeting minutes reflect Ms. Moorey, MDC, reported that this estimated timeline would need to be extended again, and construction would commence in August 2010. The MRC Greenways subcommittee’s October 14, 2009 public meeting minutes reflect Ms. Moorey stated the project’s estimated timeline would need to be extended (4th time extension), and construction is now estimated to commence in September 2010.  During this March 10, 2010 public MRC Greenways subcommittee meeting, Ms. Moorey stated the County is again delaying construction of the engineered Miami River Greenway sections on County owned properties, and Miami-Dade County’s website indicates construction of this General Obligation Bond funded project is now expected to commence construction on October 19, 2011, which Ms. Moorey stated she believed to be accurate.”

August 25, 2010
“The following estimated project timeline was originally provided by MDC PW Director Calas in a meeting held 7/15 and reconfirmed by Ms. Moorey:
• Permits were applied for in July
• 90 days for county to receive executed permits (October 15, 2010)
• 30 days to advertise/receive BIDS
• 14 days to evaluate BIDS
• 14 days issue  Notice to Bidder
• 14 days issue Notice to Proceed
• Essentially, Advertising BIDS to Issuing Notice to Proceed is a three month process
• Therefore construction Notice to Proceed estimated January 2011
Ms. Moorey clarified this estimated schedule applies for any sites with issued bond funding / available funding.

Miami-Dade County’s FIND Grant Application Submitted April 2011
The following timeline was provided:
“October 1, 2011: Advertise Construction Bids
March 1, 2012: Award Contract
April 1, 2012-October 31, 2012: Miami River Greenways Construction & Opening”

Miami-Dade County’s Potential FIND Application Revision-May 2011
The following timeline was provided:
“August 1, 2012: Advertise Construction Bids
January 1, 2013: Award Contract
February 1, 2013-August 31, 2013: Miami River Greenways Construction & Opening””

Mr. Bibeau noted the county’s timeline to construct publicly accessible riverwalks at the six county-owned parcels using the $7.5 million “Miami River Greenway” line item in their General Obligation Bond has been extended six times.

Mr. Bibeau respectfully recommended that the County try to adhere to their estimated project timeline originally submitted to FIND in April 2011. FIND would be willing to grant up to three one year extensions if needed.  Mr. Bibeau noted the project may not be awarded if FIND accepts the MDC Public Works revised, longer estimated timeline, which was the version approved by the Board of County Commissioner’s after the grant application was submitted in April.

Mr. Bibeau noted as of March 2010, the County had $717,000 available. Following drainage improvements, the County then had an estimated $600,000 available. Mr. Bibeau noted that if FIND approves the County’s application ($500,000), there will be enough money available to construct Segments 1-3. Mr. Oña stated he would need to verify if this is still the case.  Mr. Ona noted an additional $4.2 million of this Miami River Greenway line item may not become available until August 2012 (but is not required for Sites 1-3, rather sites 3-6).

Mr. Oña stated the County would like to move forward yet has to resolve the various land ownership and permitting issues.  Mr. Oña noted the County cannot advertise for construction bids until permits are in hand.  Ms. Moorey noted the County received a letter from the Florida Department of Environmental Protection (FDEP) requesting that they withdraw the Sites 4 and 5, North and South of the Metro-Rail, from the application due to mean high water line discrepancies. Ms. Moorey stated later today the County will contact FDEP to request the needed small easement, since the publicly accessible riverwalk will benefit a public purpose.

Ms. Moorey noted permits for the sites (excluding 4 and 5) should be executed by September 2011.  Mr. Bibeau asked when bids would be advertised, and Mr. Oña replied staff would need to verify how much funding is currently available. Mr. Oña added that June 1, 2011 is the County’s deadline to address any remaining discrepancies.

Mr. Bibeau reported he has scheduled a meeting with County Commissioner Bruno Barreiro tomorrow to address this item. GSC Chair Martin stressed the importance of verifying that funding is available to complete this project. Ms. Moorey noted she would review the project timeline and confirmed the following general action plan: 1) receive permits; 2) advertise bids; 3) commence construction.

The GSC thanked Ms. Moorey and Mr. Oña for their continued support and progress.

Mr. Bibeau provided the following May 9, 2011 version of the document, “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway:”

“1) B-30651
Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to: 
A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST
* BCC firm is in charge of sections A and C
D. Lummus Landing (riverfront portion of Lummus Park)- City issued Purchase Order for Milian, Swain and Associates to update their previous design for this site; survey phase completed in March, and estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City provided additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which was approved on City Commission’s January 27 agenda item RE. 3, and $414,993 approved at 2/24/11 City Commission meeting. 
Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C)
$1,076,000 million additional for Area D 
Design Status: (Area’s a & C) City contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee 3/9/11 and estimated to be 100% complete and submitted to FDOT for LAP by the end of May
Area B – City identified firm and negotiating contract – starting design end of June
Area D – City issued PO to Milian, Swain – Surveyed March 2011, complete design Fall 2011
Construction Status:  Need to finish design and then advertise for construction bids (estimated November 15, 2011)
Needed Action Items:
1) Finish design and submit to FDOT for LAP (A&C estimated end May, 2011)
2) Contract firm to design “B” (estimated end of June)
3) FDOT execute LAP (estimated end of September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011 for Sections A & C and estimated November 15 for Sections B & D)
5) Execute construction contracts (estimated January 15, 2012 for all four sections A-D)
6) Issue construction Notice to Proceed (estimated February 15, 2012 - all four sections A-D)
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012 - all four sections A-D)

2) B-40686 
Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  Advertised for construction bids on December 30, 2010 – Opened bids 2/23/11 - LAP executed 10/8/10
Needed Action Items:
1) Addendum #4 issued making minor revision to design to incorporate existing riverfront public pocket parks owned by AT&T (NW 1 ST) – City will try to address NW 2 ST existing riverfront pocket park (owned by WASD) by including a bench and trash can on the City owned right of way facing the waterfront, but maybe difficult as located on a curve in the road
2) execute construction contract (estimated May 15, 2011)
3) Issue construction Notice to Proceed (estimated June 15, 2011)
4) Estimated 10 month construction period (estimated June 15, 2011 – April 15, 2012)

3) B-30336
Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee on 3/9/11.  After wider (closer to standard) Greenway included in 100% construction engineering documents, will then be submitted to FDOT to execute a LAP agreement by end of May, expected to be executed by 9/15/11
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:
1) Work with Fire Department to avoid substandard / narrow Greenway / CIP to approach Fire Department again in March
2) Finish design (estimated end of May 2011)
3) FDOT execute LAP (estimated September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011)
5) Execute construction contract (estimated January 15, 2012)
6) Issue construction Notice to Proceed (estimated February 15, 2012)
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012)

4) B-30130 
Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010 (provided to MRC Greenways subcommittee 3/9/11)
Construction Status:  FDOT executed LAP, therefore City needs to advertise for construction bids
Needed Action Items:
1) Advertise for construction bids (estimated June 15, 2011)
2) execute construction contract (estimated September 15, 2011)
3) Issue construction Notice to Proceed (estimated October 15, 2011)
4) Field Change to move trees on eastern end to not obstruct planned public walkway parallel to bridge connecting to public riverwalk at planned Big Fish restaurant
5) Estimated 10 month construction period (estimated October 15, 2011 – August 14, 2012)

5) B-40643A
Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• Under Construction - 10 month construction period (2/11 – 12/11)
Needed Action Items:
1)  Determine relocated tree locations within Spring Garden, especially Point Park – City provided Tree Relocation Plan 3/9/11, and the residents provide comments and suggested revisions since

6) City to issue new CIP Project Number – FDOT provided FM Number
Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status:  Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:
1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST by June 2011, because design starts July 2011
2) Hire Engineer in August to make construction documents
3) Execute LAP agreement (City Commission and FDOT); City will initiate the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction 7/1/13 design 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013”

I. Miami River Greenway Governance – MRC staff reported the following upcoming MRC-coordinated and funded volunteer Miami River Greenway beautification event:

• May 14: estimated 15 Hands on Miami volunteers will plant fruits and vegetables at the free Miami River Community Garden located at 1407 NW 7 Street, and perform shoreline cleanup

III. New Business
The GSC confirmed the next regularly scheduled, 2nd Wednesday of the month, 2 PM, 1407 NW 7 ST, public meeting for June 8, 2011.

The meeting adjourned.

II. New Development – GSC Chair Ernie Martin welcomed City of Miami Building Director Orlando Toledo and thanked him for his participation at today’s meeting. Mr. Toledo noted he will be providing an update of the publicly accessible riverwalks constructed by the private sector that are inconsistent with City of Miami approvals/requirements.

Mr. Toledo stated he will be attending the July 12 City of Miami Waterfront Advisory Board (WAB) meeting to present an update of the aforementioned projects, and noted he would kindly request that the WAB invite him on a quarterly basis versus every month, as he anticipates he will have more news to report with a more extended timeframe. Ms. Ashley Chase, MRC Assistant Managing Director, noted WAB Chair Alyn Pruett is considering conducting a “workshop” at the September WAB meeting in which representatives from each City of Miami Department (Building, Public Works, Planning, Zoning, Code Enforcement, etc.) can come together to address riverwalk inconsistencies and develop a plan for bringing them into compliance.  Mr. Toledo noted he would be amenable to conducting such a workshop, but September may be a difficult time to do so.  Ms. Chase and Mr. Toledo noted they would try to coordinate their schedules. In the meantime, Mr. Toledo stated he would like to schedule a meeting with WAB Chair Pruett and Miami River Commission staff prior to the July 12 WAB meeting to review each of the ten riverfront properties that are inconsistent with City of Miami approved plans. Ms. Chase noted she would contact Mr. Orlando’s assistant today to schedule the meeting before July 12, and suggested that Mr. Toledo invite Code Enforcement Director Sergio Guadix to both meetings.

Mr. Toledo reported he hopes to conduct an “internal” (side) meeting tomorrow (during the Miami City Commission meeting) with Code Enforcement Director Sergio Guadix, Planning Director Francisco Garcia, Zoning Director Min, Public Works Director Nzeribe Ihekwaba, and Assistant Building Director Vanessa Acosta, in order to schedule site visits / inspections of the ten riverfront properties. Director Toledo stated he had previously emailed the Department Directors requesting to schedule the 10 inspections, yet they did not accept.  Mr. Toledo stated he hopes to conduct all site visits prior to the July 12 WAB meeting.  Ms. Chase asked if it is still possible for MRC staff to accompany the various City Departments during the upcoming site visits (of the ten subject riverfront properties) in order to provide an additional perspective, and Mr. Toledo replied this would be fine.

Mr. Toledo and Mr. Bibeau reviewed the document ““Publicly Accessible” Riverwalks Constructed by the Private Sector Inconsistent with City of Miami Approvals” list:

• Epic, 300 Biscayne Boulevard Way: Mr. Toledo stated a Certificate of Use (CU) was formerly issued for the Epic Sales Center building. However, Mr. Toledo noted it was his understanding the building was intended to be a temporary structure, but it still remains on site. Therefore, Mr. Toledo noted the only option is to have Code Enforcement cite them for this structure.  Mr. Toledo explained the Building Department cannot request the removal of this structure as it has not been deemed “unsafe.” Mr. Bibeau noted the Sales Center is blocking (via a fence) the riverwalk connection to the adjacent One Miami public riverwalk to the east. In addition, Mr. Bibeau noted the yacht-that has been docked in front of the Epic Sales Center for quite some time-is not tied to the cleats of the outside, cantilevered portion of the riverwalk as designed.  Instead, Mr. Bibeau noted the lines cross over the dock and are tied to the upland side, which creates a potential safety hazard for individuals attempting to traverse this area.  Mr. Bibeau therefore asked if such circumstance would warrant an “unsafe” determination,  and Mr. Toledo replied he would need to conduct a site visit with a building official to make this determination.

• One Riverview Square, 300 South Miami Avenue: Mr. Bibeau noted the City-approved rendition of the One Riverview Square riverwalk depicts the benches in the cutbacks for paved bench areas, yet no benches have been installed. In addition, Mr. Bibeau noted the approved rendition depicts an indoor/outdoor restaurant connecting to the riverwalk, but the space is being used as an indoor lobby. Mr. Toledo noted he would forward this information to Code Enforcement.

• Riverfront East CIMA Parcel, 24 SW 4 Street and Riverfront East WIND Parcel, 350 South Miami Avenue: Mr. Bibeau noted trees have been installed where the publicly accessible riverwalk should be. Mr. Toledo noted he believed Code Enforcement had permitted the installation of these trees, but would need to verify this information. Mr. Toledo asked Mr. Bibeau to email him copies of seawall code violations issued by City of Miami Public Works for this property, as well as any additional ones along the Miami River, and Mr. Bibeau stated he would forward Mr. Toledo this information today.

• Riverfront West MINT Parcel, 92 SW 3 Street: Mr. Bibeau noted public riverwalk construction remains incomplete. Mr. Toledo noted the parcel at Mint (i.e. small area between the FP&L public riverwalk and Miami-Dade County’s Metro-Rail Right-of-Way) is too small to be platted. According to the City Code, parcels require platting before they can be issued permits. Mr. Toledo noted Mint-as well as additional parcels in this similar situation-have motivated Public Works to create an amendment to the City Code that will allow the issuance of building permits for publicly accessible park like improvements only for properties citywide that are too small to be platted.  Mr. Toledo noted Mint is a prime example of a property that can benefit from this ordinance. Mr. Toledo explained that following the adoption of this ordinance-which will be presented to Miami City Commissioners at first reading on July 14 and second reading on July 28- the Building Department can finally issue a building permit for the small parcel portion of Mint’s property, allowing the permitting and construction of their pledged publicly accessible riverwalk. Mr. Bibeau noted Miami-Dade Transit (MDT) is planning to improve the “M Path” (Pedestrian Walkway) to connect Miami-Dade Public Works’ planned riverwalk beneath Metro Rail’s North Shore to the adjacent Southwest Third Street.  Mr. Bibeau explained MDT had located documents depicting the former existence of the M-Path columns and guideway, which were removed by the adjacent developers during construction of the Mint and Ivy. Mr. Bibeau asked Mr. Toledo if he had any updates to report on this item, and Mr. Toledo replied the developer had agreed to construct-at his cost-the connector to the adjacent Miami-Dade County-owned North Shore Metro-Rail, but has not touched base with the County regarding the connection to SW 3rd Street. Dr. Martin cited the GSC May 11, 2011 meeting minutes in which “Mr. Oña (MDC Public Works) noted he would keep MRC staff updated regarding ongoing discussions among the County, City and the developer,” and asked Mr. Bibeau for an update. Mr. Bibeau replied he had yet to receive an update from Mr. Oña, but agreed to follow up with him, as well as MDT.

• Brickell on the River, 31 SE 5 Street: Mr. Bibeau noted that although the city-approved MUSP includes connectors for the SE 5th Street sidewalk to the public riverwalk on both sides (east and west) of the development, there is only one constructed connector on the west side, and the east side still needs a connector between the sidewalk and riverwalk. In addition, Mr. Bibeau noted he had attended a Brickell on the River Homeowners Association meeting in which the association had expressed their intent to submit an application to the City to install a fence, restricting public access from the connector on the west to their riverwalk. Mr. Bibeau asked if the City would be issuing this permit, and Mr. Toledo replied now and that he would follow up on these issues with Code Enforcement.

• Day Care, 99 SW 7 Street (Building), 75 SW Miami Avenue Road (Riverfront Parking Lot), and 98 SW 6 Street (Sliver Parking Lot Between the Riverfront Parking Lot & Building): Mr. Toledo noted the original Class II Special Permit required a publicly accessible riverfront (over 13 feet wide). Mr. Toledo explained City of Miami former Planning Director Ana Gelabert-Sanchez subsequently removed the publicly accessible riverfront requirement in a revised permit, following objections from the property owner and their attorneys (whom were unsupportive of accepting offered grant funding to construct the riverwalk), and therefore the revised and current Class II Special Permit does not require a publicly accessible riverfront.  Mr. Bibeau asked if the current revised permit could be rescinded in order to revert to the City’s originally executed permit which required public access along the riverfront, and Mr. Toledo replied this decision would need to be executed by Planning Director Francisco Garcia. Mr. Bibeau noted the City has $1 million available in grant funding (which Mr. Bibeau authored) to construct an on-road greenway in the area, which would complement the construction of a publicly accessible riverwalk at the Day Care site. Dr. Martin noted Mr. Ron Nelson, Office of Miami City Commissioner Marc Sarnoff, expressed his support to construct a public riverwalk and seawall at this site.

• Neo Vertika, 690 SW 1st Court: Mr. Bibeau reported improvements are still needed to connect their riverwalk to the public M-Path to the east and the public riverwalk at Latitude on the River to the west. Mr. Toledo stated the City is expecting to receive soon a two-year plan for these improvements, which he had pledged to present to Miami City Commissioner Frank Carollo immediately upon its receipt. Mr. Bibeau noted Neo Vertika developers remain willing to donate to the County the small riverfront sliver of land needed to construct the county-designed public riverwalk, yet the County’s Public Works Department is now unwilling to accept this donation due to liability concerns. Mr. Bibeau added he had recently met with Miami-Dade County Commissioner Bruno Barreiro to discuss this issue, and he had agreed to sponsor a resolution directing the County administration to accept the land donation in order to construct the County designed and funded greenway.  Mr. Toledo noted this property does not have a Certificate of Occupancy (CO), and the homeowners association is still in litigation with the developer (over riverwalk/seawall issues).  In addition, Mr. Toledo noted the City has issued Neo Vertika seawall violations.

• Latitude on the River, 615 SW 2nd Avenue: Mr. Bibeau noted that although the city-approved MUSP depicts a connector between Latitude’s public riverwalk and the public riverwalk proceeding west beneath the 2nd Avenue Bridge, Latitude’s public riverwalk does not connect with the riverwalk to the west, but rather dead ends. As reported in the May 11, 2011 GSC public meeting, “Mr. Toledo noted the only solution he could perceive is to have Public Works and Code Enforcement cite them (i.e. issue Notice of Violations for not constructing their riverwalk according to city-approved plans and not correcting their elevation issues with neighboring parcels). Mr. Bibeau noted the City has a tremendous opportunity to partner with the County since they will be establishing a riverwalk connection beneath the SW 2nd Avenue Bridge, which is adjacent to Latitude. Mr. Toledo noted he was not aware of this. Instead of undergoing the process of an interlocal agreement, Mr. Oña stated Latitude can endeavor-on their own-to establish a connection beneath the SW 2nd Avenue Bridge. Attendees recalled the previously stipulated $75,000 bond from the developer for this site.  Mr. Toledo noted the City had seen the aforementioned plans, but did not have any updates to report from Miami-Dade County.  Dr. Martin cited the May 11, 2011 GSC public meeting minutes in which, “Mr. Bibeau suggested that County staff email Latitude (and copy MRC staff) to request a meeting. In addition, Mr. Bibeau suggested sending emails to Neo Vertika and Latitude on the River, and Ms. Moorey agreed.” Dr. Martin asked for an update, and Mr. Bibeau replied he has to receive a report, but agreed to follow-up with County Public Works.

• Terrazas RiverPark Village, 1861 NW South River Drive: Mr. Bibeau noted that although the city-approved MUSP depicts a publicly accessible riverwalk connecting into the adjacent Sewell Park to the east and South River Drive to the southwest, the constructed riverwalk is not publicly accessible, does not connect into Sewell Park and does not connect on both sides of the development to the sidewalk on South River Drive. Mr. Bibeau suggested one way to resolve this issue is for the City to install a gate in the City’s fence, adjacent to Terrazas constructed riverwalk, to be opened to the public during park hours (sunrise to sunset) and the additional gate would be opened and closed daily by city park staff at the same time as they open and close Sewell Park’s front gate. Mr. Bibeau noted he had obtained an estimate of $1,500 from a private contractor to install this fence, but felt it inappropriate for a small non-profit such as the MRC to pay for this expense during the current economic climate. Mr. Toledo agreed to forward this information to City of Miami Parks Director Ernest Burkeen.

• Miami River Oaks Marina & Condominium, 1951 NW South River Drive: Mr. Toledo reported he will be visiting River Oaks this Friday to check on the status of the building. Mr. Toledo added the developer has begun requesting Temporary Certificate of Occupancy (TCO) inspections, as building construction is nearing completion. Mr. Bibeau asked for the status of the $130,000 bond proffered by the developer to construct the riverwalk, as well as the $35,000+ balance needed to satisfactorily cover the “Total Estimated Cost of Improvements” at $165,574,000. Mr. Toledo explained the city had formerly agreed to implement a $130,000 bond agreement (which was deposited in the bank) as an assurance to construct the riverwalk-considering that River Oaks has already been taken over by four banks within the past few years. But since the developer has now agreed to construct the riverwalk at their expense, Mr. Toledo noted the $130,000 will be returned to them when the riverwalk is completed. As far as guaranteeing public accessibility when the riverwalk is completed, Mr. Toledo noted this issue would ultimately need to be enforced by the City of Miami’s Code Enforcement Department.

Mr. Toledo reminded the GSC that the City of Miami’s Zoning Department, is tasked with reviewing plans, yet the individuals in charge of conducting inspections (to ensure compliance) are not Zoning Inspectors, but actually Code Enforcement Officers.  Mr. Toledo had explained at the May 11, 2011 GSC public meeting that “this causes things to fall through the cracks, as Code Enforcement Officers do not have the expertise to determine plan compliance,” and had expressed his support to develop a more cohesive system and suggested there be someone at the City solely in charge of reviewing riverwalks, setbacks and seawalls to determine compliance, thereby avoiding future discrepancies.  The MRC offered to help in this regard.

The GSC thanked Mr. Toledo for his update and participation.

Mr. Bibeau provided the following June 13, 2011 version of the document, “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway:”

1) B-30651
Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to: 
A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST
* BCC firm is in charge of sections A and C
D. Lummus Landing (riverfront portion of Lummus Park)- City issued Purchase Order for Milian, Swain and Associates to update their previous design for this site; survey phase completed in March, and estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City provided additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which was approved on City Commission’s January 27 agenda item RE. 3, and $414,993 approved at 2/24/11 City Commission meeting. 
Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C)
$1,076,000 million additional for Area D 
Design Status: (Area’s a & C) City contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee 3/9/11 and estimated to be 100% complete and submitted to FDOT for LAP by the end of June
Area B – City signed work order in June 2011 for A & P to design
Area D – City issued PO to Milian, Swain – Surveyed March 2011, complete design Fall 2011
Construction Status:  Need to finish design and then advertise for construction bids (estimated November 15, 2011)
Needed Action Items:

1) Finish design and submit to FDOT for LAP (A&C estimated end June, 2011)
2) Contract firm to design “B” (estimated end of June)
3) FDOT execute LAP (estimated end of September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011 for Sections A & C and estimated November 15 for Sections B & D)
5) Execute construction contracts (estimated January 15, 2012 for all four sections A-D)
6) Issue construction Notice to Proceed (estimated February 15, 2012 - all four sections A-D)
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012 - all four sections A-D)

2) B-40686 
Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  construction contract executed - LAP executed 10/8/10
Needed Action Items:

1) Addendum #4 issued making minor revision to design to incorporate existing riverfront public pocket parks owned by AT&T (NW 1 ST) – City will try to address NW 2 ST existing riverfront pocket park (owned by WASD) by including a bench and trash can on the City owned right of way facing the waterfront, but maybe difficult as located on a curve in the road
2) Issue construction Notice to Proceed (estimated June 20, 2011)
3) Estimated 10 month construction period (estimated June 20, 2011 – April 20, 2012)

3) B-30336
Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee on 3/9/11.  After wider (closer to standard) Greenway included in 100% construction engineering documents, will then be submitted to FDOT to execute a LAP agreement by end of June, expected to be executed by 9/15/11
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:

1) Worked with Fire Department and avoided substandard / narrow Greenway
2) Finish design (estimated end of June 2011)
3) FDOT execute LAP (estimated September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011)
5) Execute construction contract (estimated January 15, 2012)
6) Issue construction Notice to Proceed (estimated February 15, 2012)
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012)

4) B-30130 
Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010 (provided to MRC Greenways subcommittee 3/9/11)
Construction Status:  FDOT executed LAP, therefore City needs to advertise for construction bids
Needed Action Items:

1) Advertise for construction bids (estimated June 30, 2011)
2) execute construction contract (estimated September 15, 2011)
3) Issue construction Notice to Proceed (estimated October 15, 2011)
4) Field Change to move trees on eastern end to not obstruct planned public walkway parallel to bridge connecting to public riverwalk at planned Big Fish restaurant
5) Estimated 10 month construction period (estimated October 15, 2011 – August 14, 2012)

5) B-40643A
Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• Under Construction - 10 month construction period (2/11 – 12/11)
Needed Action Items:

1)  Determine relocated tree locations within Spring Garden, especially Point Park – City provided Tree Relocation Plan 3/9/11, and the residents provide comments and suggested revisions since

6) City to issue new CIP Project Number – FDOT provided FM Number
Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status:  Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:

1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST by June 2011, because design starts July 2011
2) Hire Engineer in August to make construction documents – City negotiating with A & P – design estimated complete end of 2012 at the latest
3) Execute LAP agreement (City Commission and FDOT); City will initiate the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction 7/1/13 design 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013

I. Miami River Greenway Governance – This item was deferred to the July GSC meeting.

III. New Business - Mr. Bibeau reported MRC Chairman Horacio Aguirre had sent the following letter to the Honorable City of Miami Mayor Tomás Regalado and Miami City Commissioners on June 15 regarding public riverwalk compliance:

“On June 6, 2011, the Miami River Commission (MRC) passed a unanimous resolution to write this letter in continuance of the respectful recommendation to bring the attached list of 10 “public” riverwalks into compliance with the City approvals (enclosure 1).  The MRC concurs with the City of Miami Waterfront Advisory Board’s attached resolution, requesting the City of Miami not issue Certificates of Occupancy on these 10 developments, until their public riverwalks are addressed and improved (enclosure 2).

One of the 10 subject “public” riverwalk sections is River Oaks Marina and Condominium, 1951 NW South River Drive.  The City administration provided the attached $165,574 estimate for this site’s needed “Riverwalk Improvements” (enclosure 3), yet the City indicated they accepted only $130,000 from the developer for the City to construct the riverwalk on their behalf, leaving a $35,574 shortfall.  In addition, it is concerning that the City administration indicated this agreement between the City and the developer does not require the riverwalk to be publicly accessible.

Details regarding the status and recommendations for the remaining 9 subject Riverwalk sections are contained in the attached excerpts of the MRC Greenways subcommittee’s public April 13 and May 11 public meeting minutes (enclosures 4 & 5).

Should you have any questions, or require any additional information, please feel free to contact me anytime.  The City’s continued support for completing implementation of the half funded Miami River Greenway Action Plan is sincerely appreciated.”

Dr. Martin noted he was pleased to hear about the recent acquisition of the Merrill Stevens Dry Dock Company by Marlow Yachts. Dr. Martin added he had read in a press release that when Marlow Yachts is completed, its yard “will appear park like,” and wondered if they had any plans to construct a publicly accessible riverwalk at Robert King High Towers across the river-as previously pledged by Merrill Stevens in their formerly proposed expansion plans. Ms. Chase noted she had asked MRC Chairman Aguirre this very same question, and noted he had indicated he would follow up with the owner, Mr. David Marlow. Dr. Martin stated he would like to begin receiving monthly updates about Marlow Yachts, as it is considered a “Special Project” on the Greenways Subcommittee agenda. 

The GSC confirmed the next regularly scheduled, 2nd Wednesday of the month, 2 PM, 1407 NW 7 ST, public meeting for July 13, 2011.

The meeting adjourned.

Miami River Commission’s
Greenways Subcommittee Meeting Sign-in Sheet
Wednesday, June 22, 2011
2:00 PM
Robert King High, 1407 NW 7 Street, Miami, FL

NAME                                   ORGANIZATION                    PHONE / FAX / E-MAIL

Brett Bibeau                         Miami River Commission          (305) 644-0544/  miamiriver@bellsouth.net
Ashley Chase                       Miami River Commission

Dr. Ernie Martin                   Miami River Commission

Orlando Toledo City of Miami Building Department

I. Miami River Greenway Governance – Mr. Brett Bibeau, MRC Managing Director, distributed the following document:

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

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

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

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

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

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

One Miami: Mr. Bibeau noted Mr. Albert Sosa, City of Miami Capital Improvements Program Director, had sent a letter to the One Miami Condominium Association on August 31, 2011 indicating that “there are currently 64 lights that are part of the Riverwalk which are currently not functioning. The City hereby requests that the lights in question be made operational pursuant to this agreement within 30 calendar days.” Mr. Bibeau noted Mr. Sosa references in the letter an agreement (dated July 23, 2003) requiring One Miami to “maintain the Riverwalk in good, clean condition, which shall at minimum, require the complete Riverwalk to be maintained in first class condition. The agreement further defines the Maintaining Party as a “condominium, master, or homeowner’s association.”

II. New Development – Mr. Bibeau stated MRC staff and representatives from the City of Miami’s Planning, Zoning, Building, Public Works and Code Enforcement Department conducted a site visit of the ten privately-owned riverfront properties-whose riverwalks were deemed inconsistent with City of Miami approvals-on August 8-August 9, 2011. Mr. Bibeau stated he had attended last night’s City of Miami Waterfront Advisory Board meeting in which the following September 13, 2011 “Action Plan” was accepted by City Planning Director Garcia and distributed:

“Action Plan” Draft 9/13/11

On August 9-10, the City of Miami Planning Director Garcia, Zoning Administrator Barnaby Min, Public Works Director Zerry, Len Helmers, City Public Works, Code Enforcement Officers, Assistant Building Director Vanessa Acosta, Building Director Mariano Fernandez, MRC Chairman Horacio Stuart Aguirre, City Bike Coordinator Collin Worth, Department of Capital Improvement Projects, MRC staff and Waterfront Advisory Board Chairman Pruitt inspected the following 10 sites, which were identified with public Riverwalks constructed and or operating inconsistent with City of Miami approvals:

1. Epic: remove obstruction (vacant temporary sales center building), and construct the public riverwalk on the Epic Phase II site – Status: City of Miami 10/13/09 Memo states, “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.” 

2. One Riverview Square: install benches along the public riverwalk per City approved plans

3. Riverfront East: construct public riverwalk, address code violations on seawall, and address / remove gates which block easy public access – City of Miami’s “Riverfront East Substantial Modification to a Major Use Special Permit Development Order” states, “Re-think the gating of the entrances to some other means of providing security that is not a gated security area”…..”If the project is to be developed in phases, the applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future Phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Director of Planning and Zoning” 

4. Riverfront West: complete construction of riverwalk; coordinate connection with Miami-Dade County Riverwalk – City of Miami adopted new ordinance in June / July which now allows this riverfront area to receive a riverwalk building permit despite being too small for platting.  Owners indicated now that it is therefore feasible, they are willing to submit a permit application and construct the remaining designed seawall and public riverwalk on their needed 2 small riverfront slivers.  In addition, Miami-Dade County Commission recently unanimously approved a “Resolution directing the Mayor to engage in negotiations with the owners of four properties located along the Miami River in connection with the Miami River Greenways Project in order to obtain dedications of portions of such properties necessary to provide a continuous linear construction of the seawall and the riverwalk.”  The western terminus of the “Riverfront West” riverwalk includes two of the referenced sites.

5. Brickell on the River: create connector pathway on the east side of the property (between the sidewalk and riverwalk);  Despite City having been alerted of Brickell on the River’s intentions to install a fence on this side, eliminating public access, the new fence was installed, inconsistent with the City’s original MUSP approval and intent.

6. Day Care: provide waterfront setback and public access, as required by the City of Miami Charter and Class II Special Permit

7. Neo Vertika: nothing much can be done to correct already constructed 8’-3’ wide riverwalk (though the City approved MUSP originally depicted a 25’-16’ wide unobstructed path); address seawall code violations; improvements are needed to connect this public riverwalk section with the M-Path to the east and the public riverwalk at Latitude on the River to the west (these developments should partner to make this connector 16 feet wide, as opposed to the current 3 feet) – Neo Vertika recently distributed a document dated May 12, 2011, entitled, “Neo Vertika Seawall Repair Protocol” prepared by EC Consulting Partnership, which appears to be a design and invitation for construction bids.  Miami-Dade County Commission recently unanimously approved a “Resolution directing the Mayor to engage in negotiations with the owners of four properties located along the Miami River in connection with the Miami River Greenways Project in order to obtain dedications of portions of such properties necessary to provide a continuous linear construction of the seal and the riverwalk.”  The eastern terminus of the Neo Vertika Riverwalk and missing seawall is one of the referenced sites, and the Neo Vertika Condominium Association Attorney has expressed in writing and meetings their desire to donate that problematic small riverfront sliver to the County, so that the County may construct their already designed seawall and riverwalk using MDC construction funds from the “Miami River Greenway” line item in the MDC 2003 General Obligation Bond Issue.

8. Latitude on the River: Owner met with Miami-Dade County to coordinate construction of their respective connecting riverwalk section:  Latitude Owner placed a $75,000 bond is currently in place to correct the faulty connection between the public riverwalks at Latitude and the County owned 2nd Ave Bridge.

9. Terrazas River Park Village:  Property Manager emailed permission for the City to install a gate in the Sewell Park fence, to be opened and closed during park hours, which will provide public access from Sewell Park into Terrazas’ completed Riverwalk and restaurant spaces.

10. River Oaks Marina & Condominium: During the August 10 inspection, several representatives from River Oaks Marina and Condominium stated they will complete construction of their publicly accessible riverwalk prior to receiving their final CO in the near future.

All ten of the aforementioned projects also still need to comply with former Zoning Code 11,000, which had Miami Riverwalk Design Standards and Guidelines, including requiring the installation of signage indicating a “public riverwalk,” which still need to be installed, as required by the City, at all of the aforementioned 10 public riverwalk sections.”  

Mr. Bibeau provided the following September 13, 2011 version of the document, “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway:

“1) B-30651

Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to:

A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST
* BCC firm is in charge of sections A and C
D. Lummus Landing (riverfront portion of Lummus Park) - City issued Purchase Order for Milian, Swain and Associates to update their previous design for this site; survey phase completed in March, and estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting.  City provided additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which was approved on City Commission’s January 27 agenda item RE. 3, and $414,993 approved at 2/24/11 City Commission meeting. 

Awarded Grant Funding Available:  $2.6 million, FY ‘11-’12 - July 1, 2011 – June 30, 2012; (Areas A, B &C)
$1,076,000 million additional for Area D 
Design Status: (Area’s a & C) City contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee 3/9/11 and 90% complete was submitted July 7, 2011 to FDOT for LAP
Area B – City signed work order in June 2011 for A & P to design – NTP 7/11 – estimate 60% complete in early September 2011
Area D – City issued PO to Milian, Swain – Surveyed March 2011, complete design Fall 2011
Construction Status:  Need to finish design and then advertise for construction bids (estimated November 15, 2011)
Needed Action Items:
1) 90% design submitted to FDOT for LAP (A&C) in July, 2011
2) Contracted firm designs “B” (estimate 60% complete early September 2011)
3) FDOT execute LAP (in process, city submitted to FDOT in July 2011)
4) Advertise for construction bids (estimated October 15, 2011 for Sections A & C and estimated November 15 for Sections B & D)
5) Execute construction contracts (estimated January 15, 2012 for all four sections A-D)
6) Issue construction Notice to Proceed (estimated February 15, 2012 - all four sections A-D) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012 - all four sections A-D) *or 8/15/12 – 6/15/13

2) B-40686 

Geographic Area:  South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available:  $1 million, FY’ ’10-’11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status:  construction contract executed - LAP executed 10/8/10
Needed Action Items:
1) Addendum #4 issued making minor revision to design to incorporate existing riverfront public pocket parks owned by AT&T (NW 1 ST) – City will try to address NW 2 ST existing riverfront pocket park (owned by WASD) by including a bench and trash can on the City owned right of way facing the waterfront, but maybe difficult as located on a curve in the road
2) Issued construction Notice to Proceed late July 2011
3) Estimated construction period August 20, 2011 – April 20, 2012

3) B-30336

Geographic Area:  South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available:  $1 million, FY ’11-’12, July 1, 2011- June 30, 2012
Design Status: City’s contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee on 3/9/11.  Wider (closer to standard) Greenway included in 100% construction engineering documents, was submitted to FDOT to execute the LAP agreement, which is expected to be executed by 9/15/11
Construction Status:  Need to finish design and then advertise for construction bids
Needed Action Items:

1) Worked with Fire Department and avoided substandard / narrow Greenway
2) Finish design (90% complete submitted to FDOT for LAP on 6/24/11
3) FDOT execute LAP (estimated September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011)
5) Execute construction contract (estimated January 15, 2012)
6) Issue construction Notice to Proceed (estimated February 15, 2012) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012 – June 15, 2013

4) B-30130 

Geographic Area:  South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ’11-’12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010 (provided to MRC Greenways subcommittee 3/9/11)
Construction Status:  FDOT executed LAP, therefore City needs to advertise for construction bids
Needed Action Items:
1) Advertise for construction bids (estimated early July 2011, with bids due 8/9/11)
2) Execute construction contract (estimated October 15, 2011)
3) Issue construction Notice to Proceed (estimated November 15, 2011)
4) Field Change / updated plans to move trees on eastern end to not obstruct planned public walkway parallel to bridge connecting to public riverwalk at planned Big Fish restaurant
5) Estimated 10 month construction period (estimated November 15, 2011 – 9/15/12)

5) B-40643A

Geographic Area:  North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status:
• Under Construction - 10 month construction period (2/11 – 12/11)
Needed Action Items:
1) Determine relocated tree locations within Spring Garden, especially Point Park – City provided Tree Relocation Plan 3/9/11, and the residents provided comments and suggested revisions since then

6) B-30631

Geographic Area:  South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status:  Need to commence design
Construction Status:  Need to design before construction;
Needed Action Items:
1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST by June 2011, because design starts July 2011
2) Hire Engineer in August to make construction documents – City negotiating with A & P – estimate design start 9/11 – design estimated complete end of 2012 at the latest
3) FDOT Execute LAP agreement (City Commission approved); City initiated the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction – construction funding available 7/1/13 and design funding available 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013”

Miami-Dade County: Mr. Bibeau stated MRC staff had met with Ms. Lana Moorey and Mr.  Leandro Oña, Miami-Dade County Public Works Department, on Wednesday, August 3, 2011, 2:30 PM, at the Robert King High Board Room, 1407 NW 7 Street, Miami, FL 33125. The following meeting summary, which incorporates the revisions made by Lana Moorey, Miami-Dade County Public Works:

“Mr. Bibeau distributed a folder containing a variety of information regarding the status of the six county-owned riverfront sites, such as:

1) Following email chain
“From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Tuesday, June 08, 2010 10:05 AM
To: brett bibeau
Cc: Ona, Leandro (PWD); Finol, Ana (OCI); Avalo, Marlene (DIST5); Riera-Gomez, Timothy (Mayor's Office); Socarras, Carlos (PWD)

Mr. Bibeau,

First we will construct the drainage improvements for Site 6 and WASD’s parking lot drainage. Then with the available funding we can consider constructing the sites that do not require seawall construction, possibly Site 1 and/or Site 3.

Right-of-Way Division is in the process of preparing the legal and sketches for the parcels to be accepted for donation. When the documents are ready, the donations will be discussed with the CAO; then the owners will be contacted to donate the parcels, and a Resolution will be prepared to be presented for consideration and approval before BCC. Right-of-Division cannot provide a timeline for accepting the donations.

Thank you,
Lana Moorey, P.E.
Miami-Dade County Public Works Department
Highway Division
Plans Review and Design
Phone: (305) 375-2863
Fax:     (305) 679-7738
E-mail: lana@miamidade.gov

From: brett bibeau [mailto:miamiriver1@bellsouth.net]
Sent: Monday, June 07, 2010 5:27 PM
To: Moorey, Lana (PWD)
Cc: Ona, Leandro (PWD); Finol, Ana (OCI); Avalo, Marlene (DIST5); Riera-Gomez, Timothy (Mayor's Office)
Subject: RE: Miami River Greenways

THX Ms. Moorey:

You have indicated that thus far $1,217,334 has been issued to date, minus the $500,000 for KHA construction engineering documents = $717,334 previously issued and available for construction.  Per previous emails, this is sufficient to construct one or maybe two of the County owned sites, based on your previously emailed construction estimates.  Therefore is it possible for some of the sites to be constructed soon, with the currently available funding?  In addition, looking forward to your reply to the question posed in my following 5/17 email, “when will the BCC consider accepting the donated three small riverfront areas?”
THX again and have a nice day
Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Friday, May 28, 2010 11:00 AM
To: brett bibeau
Cc: Ona, Leandro (PWD); Finol, Ana (OCI)
Subject: FW: Miami River Greenways

Good Morning Mr. Bibeau,

The 100% design plans for the subject project are expected in the third week of June 2010.
All permit applications have been submitted to the environmental agencies.
Pending is submittal of drainage plans for WASD parking lot and permitting.
Title search for the parcels to be donated is still ongoing. After it is completed, R/W Division will prepare the legal and sketches.”

2) Following document:
Miami River Commission Greenways Subcommittee August 25, 2010 Public    Meeting Minute Excerpt

“Mr. Bibeau provided the following current funding update:

• $7.5 million Miami River Greenway line item approved by the voters at referendum in the County’s 2003 “Building Better Communities” General Obligation Bond (GOB) issue
• $1,217,334 of bond has been issued to date, according to Miami-Dade’s Office of Community Improvements (OCI); leaving $6,282,666 yet to be issued
• $4.3 million currently on draft budget list; leaving $1,982,666 balance
• Of the $1,217,334 previously issued, $500,000 were utilized towards creation of construction engineering documents for six county-owned sites, leaving a $717,334 balance

Ms. Moorey noted part of the $717,334 in available funding will be utilized towards Phase I drainage improvements for Site 6, and the remaining balance for either Site 1 or 2.”

• Miami River Commission’s Greenways Subcommittee’s May 11, 2011 public meeting minutes, stating, “Mr. Bibeau noted as of March 2010, the County had $717,000 available. Following drainage improvements, the County then had an estimated $600,000 available. Mr. Bibeau noted that if FIND approves the County’s application ($500,000), there will be enough money available to construct Segments 1-3. Mr. Oña stated he would need to verify if this is still the case.”  Mr. Ona stated he still needs to verify the currently available balance for the project.
• Following email:

“From: brett bibeau [mailto:miamiriver1@bellsouth.net]
Sent: Monday, May 09, 2011 9:37 AM
To: 'brett bibeau'; 'Steinberg, Eric (PWD)'
Cc: 'Miranda, Gaspar (PWD)'; 'Ona, Leandro (PWD)'; 'Moorey, Lana (PWD)'; 'gxn@miamidade.gov'; 'Avalo, Marlene (DIST5)'; 'Calas, Esther (PWD)'; 'spencer.crowley@akerman.com'
Subject: RE: Miami River Greenways Project - FIND Application

On May 28, 2010, Ms Lana Moorey, MDC PW, emailed me that OCI had informed her, “The Previous and current bond sales include a total of $1,217,334 for Project #126” (Miami River Greenway).  Thus far MDC spent $500,000 on the 100% complete construction engineering documents, therefore leaving a currently available MDC bond line item balance of $717,334.

On March 15, 2011, Ms Lana Moorey emailed me the “total construction costs per site”, in which the sum of MDC owned and 100% designed Miami River Greenway sites 1 ($265,141), 2 ($310,495) and 3 ($395,583), total is $971,219.  The MDC currently available $717,334, plus the applied for FIND $500,000 cost share (if awarded available 10/1/11) = $1,217,334, which is $246,115 more than MDC needs to construct sites 1-3, without needing to wait for the next bond sale.  Therefore funding for 100% designed MDC sites 3-6 does need to wait for the next bond sale, but sites 1-3, which are the subject of MDC’s submitted FIND grant application, do not need to wait for the bond sale, because sufficient funding is available before the next bond sale, therefore maybe constructed 10/1/11-9/30/12, as preferred by FIND.
Thanks and have a nice day
Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission

• “Miami-Dade County Public Works Department Highway Division - Engineer’s Opinion of Probable Construction Costs” for the Miami River Greenway, which states in part:

“Site 1 (South Shore 2nd Ave) $265,141”
“Site 2 (South Shore Metro-Mover) $310,495”
“Site 3 (North Shore South Miami Ave) $395,583”
“Site 4 (North Shore Metro-Rail) $853,603”
“Site 5 (South Shore Metro-Rail) $740,963”
“Site 6 (North Shore, WASD Site) $575,082”

6) Miami River Commission’s Greenways Subcommittee 2/9/11 public meeting minutes pages 5-6:

 “Miami-Dade County - Mr. Bibeau referenced several emails from Lana Moorey, Miami Dade County Project Manager for the $7.5 million “Miami River Greenway” line item in the County’s voter approved 2003 GOB bond.  Thus far estimated $1,217,334 million has been issued, of which $500,000 was spent on the 100% complete construction engineering documents for 6 of 9 County owned sites requiring the public riverwalk per their adopted Miami River Greenway Action Plan.  Of the remaining estimated $6.2 million in the line item, $4.2 million is included in the draft project list for the next bond series issuance, which is now expected to be considered by the Board of County Commissioners in March 2011, which would leave the final $2 million to hopefully be issued in 2012.  The County estimates it will need additional funding to complete construction of all three remaining County owned sites which are yet to commence design, and are therefore considering various grant options.

Using $79,000 of the $1 million balance from the first issuance for this line item, Miami-Dade County hired a contractor to install the new and improved stormwater drainage for the WASD site on North River Drive, adjacent to Lummus Park.  Ms Moorey emailed “Anticipated Construction Start Date: February 7, 2011”.

The following email chain was provided:

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Tuesday, January 18, 2011 5:14 PM
To: brett bibeau
Cc: Ona, Leandro (PWD)
Subject: RE: Miami River Greenways

Mr. Bibeau,
This is the status on permits for the subject project:
FDEP requested a survey of the MHWL (mean high water line) for two of the sites.  We are currently working on the surveys and have until March to submit the second round of Request for Additional Information (RAI).  The provided information will be sent to Tallahassee staff for consideration.  If Tallahassee staff approves the location of the seawalls, permit will be granted, otherwise we need to redesign the project accordingly.
Second response of RAI will be forwarded soon to DERM.
We have addressed the comments from the ACOE.
Thank you,
Lana Moorey, P.E.
Miami-Dade County Public Works Department
Highway Division
Plans Review and Design
Phone: (305) 375-2863
Fax:     (305) 679-7738
E-mail: lana@miamidade.gov

From: brett bibeau [mailto:miamiriver1@bellsouth.net]
Sent: Tuesday, January 18, 2011 4:26 PM
To: Moorey, Lana (PWD)
Subject: RE: Miami River Greenways

Dear Ms. Moorey:
In your following May 28, 2010 email you wrote, “All permit applications have been submitted to the environmental agencies”.  In the 7.5 months which have passed since then, were all the permits executed?
Thanks and have a nice day.
Sincerely,
Brett Bibeau
Managing Director,
Miami River Commission

From: Moorey, Lana (PWD) [mailto:lana@miamidade.gov]
Sent: Friday, May 28, 2010 11:00 AM
To: brett bibeau
Cc: Ona, Leandro (PWD); Finol, Ana (OCI)
Subject: FW: Miami River Greenways

Good Morning Mr. Bibeau,

The 100% design plans for the subject project are expected in the third week of June 2010.
All permit applications have been submitted to the environmental agencies.
Pending is submittal of drainage plans for WASD parking lot and permitting.
Title search for the parcels to be donated is still ongoing. After it is completed, R/W Division will prepare the legal and sketches.”

Mr. Bibeau stated he presumed the County was moving forward with construction of the sites based on funding availability, and Mr. Oña replied yes.

Ms. Moorey and Mr. Oña provided the following update of the six county-owned sites:

Site 1 (South Shore 2nd Avenue)

• Ms. Moorey noted Miami-Dade County is awaiting conveyance paperwork from the Florida Department of Transportation (FDOT)

• Ms. Moorey reported the County’s Right-of-Way Division (ROW) is preparing item to go before Board of County Commissioners (BCC) possibly in late October

• Ms. Moorey stated the County will then need to pull permits from the City of Miami and put item out for construction bids-pending funding

• Mr. Oña indicated OCI database with funding line items may not be accurate; Mr. Bibeau kindly reminded Mr. Oña that during the May 11, 2011 Miami River Greenways Subcommittee meeting, he had agreed to confirm or correct these numbers; Mr. Oña noted he would verify this information (funding status) with OCI and provide Mr. Bibeau with an accurate update. Mr. Bibeau reasoned it was important to understand the financial components of the remaining $7.5 million GOB funding, as well as illustrate the County’s progress

• Mr. Oña reported the BCC adopted a resolution requesting MDC staff prepare a report/ timeline in 90 days for the six sites and present this update to the BCC; Mr. Oña added an additional resolution was adopted allowing the acceptance of needed and designed riverwalk properties via donations to the County; Mr. Oña stated he preferred to wait until all information is obtained prior to providing any updates to Mr. Bibeau; Mr. Bibeau explained the MRC and MDC are partners, and reasoned the MRC is merely trying to work together to achieve understanding and address greenway-related questions; Mr. Oña therefore agreed to provide site updates-not estimated timelines-and noted MDC would continue working on making progress to construct the riverwalk

• Neo Vertika and Latitude on the River Update: Ms. Moorey indicated she had not touched base with the developers of Latitude in regards to correcting the riverwalk elevation issues between Latitude and the county-owned property beneath the 2nd Avenue Bridge; Ms. Moorey noted there is an agreement in place between the City of Miami and Latitude in regards to Latitude building the needed riverwalk connection; Mr. Oña provided Mr. Bibeau a copy of the aforementioned agreement.  Mr. Bibeau noted the owners of Latitude wished to schedule a meeting with the County, as they realize coordination is needed in order to establish a connection with the adjacent County-owned 2nd Avenue Bridge site; Mr. Oña explained it may beneficial for the owners of Latitude to construct their portion of the riverwalk connection first, and Mr. Bibeau noted the 2 chain link fences beneath the 2nd Avenue Bridge would need to be removed by MDC so that the riverwalk can proceed west and connect to the existing Greenway which continues west towards Publix, Jose Marti Park, etc; Mr. Ona stated the County will remove the fences, and is willing to allow Latitude to construct a public riverwalk connecting to MDC’s public riverwalk decorative pavers currently located beneath the adjacent 2nd Ave Bridge.  Mr. Oña explained the developers of Latitude need to design a connection to match MDC plans; Mr. Bibeau reasoned that if the developers of Latitude agree to amend their plans to allow wider riverwalk access as previously requested by MDC PW, these revisions will match perfectly with the original designed MDC-designed elevation/transition, which included a ramp area which elevated 9”, which is half of the 18” differential, with Latitude’s ramp decreasing in elevation the other half, 9”; Mr. Bibeau suggested scheduling a meeting with the developers of Latitude, project architect, MDC Public Works, City of Miami Planning Director Francisco Garcia and Miami River Commission staff in an effort to bring everyone up to date.  Mr. Ona agreed.

Permit(s) Update for Site 1:

• DERM permits– fully executed

• FDEP permits– fully executed

• City permits - After the County receives FDOT paperwork, will submit City permit application

• Army Corps of Engineers (ACOE) permits – MDC submitted revised plans 1.5 months ago, and is now on its second round of requested revisions / clarifications.

Site 2 (South Shore Metro-Mover) - matching $130,000 FIND grant awarded to MDC - Mr. Oña thanked Mr. Bibeau for his efforts. Mr. Bibeau thanked Ms. Moorey and Mr. Oña for their time and continued progress.
Permit(s) Update for Site 2:

• FDEP permits– fully executed

• DERM permits– DERM has approved county plans yet is requesting receipt of building permit from City of Miami before they issue their final permit (Ms. Moorey indicated PW still needs to pick up plans from DERM office and submit them to the City; Ms. Moorey added the county may also need to conduct a boundary survey);  All estimated to be completed this calendar year.

• City permits – Boundary Survey underway, will submit City permit application

• Army Corps of Engineers (ACOE) permits – MDC submitted revised plans 1.5 months ago, and is now on its second round of requested revisions / clarifications.

Site 3 (North Shore South Miami Avenue Bridge)
Permit(s) Update for Site 3:

• DERM permits– fully executed

• FDEP permits– fully executed

• City permits - After the County receives FDOT paperwork, will submit City permit application (may need boundary survey)

• Army Corps of Engineers (ACOE) permits – MDC submitted revised plans 1.5 months ago, and is now on its second round of requested revisions / clarifications.

Site 4 (North Shore Metro-Rail)

• Mr. Bibeau noted MRC staff received an email on June 22, 2011 from (former) City of Miami Building Director Orlando Toledo indicating that Keys International would pay for their portion of riverwalk construction at this site; yet, since those slivers of land were too small to get platted, they could not obtain permits; Mr. Bibeau added the City of Miami has since adopted a Ordinance which now allows permitting of riverwalk construction on unplatted sites

• Mr. Oña stated he was aware of the ordinance, yet had never been informed that Keys had agreed to fund and construct their portion of the riverwalk; Mr. Oña added he had recently met with Keyes’ attorney whom was waiting for the city’s ordinance to be presented, and Mr. Bibeau replied the ordinance was presented and adopted by Miami City Commissioners last month

• Ms. Moorey noted the County is having complications with submerged lands on this property and is therefore preparing an item to present to the BCC for approval which would allow the County to build a seawall within the submerged land. Once the resolution is adopted (estimated October / this calendar year), it will be sent to FDEP for approval (and an FDEP permit will subsequently be issued); Ms. Moorey added Keys would need to apply this course of action for their portion, since they are not county-owned; In addition, Mr. Bibeau suggested scheduling another meeting with attorney Vicky Garcia-Toledo to inform her of the newly adopted ordinance, and encouraged the county to finish obtaining permits.  Mr. Oña stated the county plans to meet with Ms. Garcia-Toledo and hopefully the landowners again in the near future, and Mr. Bibeau noted he would very much like to attend this meeting.

• Mr. Bibeau noted Miami-Dade Transit (MDT) is asking Keyes to repair the previous “M Path” (pedestrian / bicycle pathway) which they damaged / removed while using this area for staging while constructing their adjacent developments (Ivy and Mint) to connect Miami-Dade Public Works’ planned riverwalk beneath Metro Rail’s North Shore to the adjacent Southwest Third Street.  Mr. Bibeau explained MDT had located documents (i.e. aerial pictures) depicting the former existence of the M-Path columns and guideway, which were removed by the adjacent developers during construction of the Mint and Ivy; Ms. Moorey stated she had met with MDT and Ms. Garcia-Toledo, whom had indicated she would contact the property owner to address this issue but has yet to do so; Mr. Bibeau suggested bringing up this topic during the county’s next meeting with Ms. Garcia-Toledo and recommended inviting MDT and property owners

• Site 4’s completed construction engineering documents include the three parcels needed for the small planned riverwalk connector between the existing public riverwalks to the east and west.  One of the three planned parcels is owned by MDC, and 2 are owned by Keyes 

• The Board of County Commissioners approved an item directing the administration to negotiate the donation of the needed Keyes riverfront land slivers to the County to construct the County’s designed and funded public riverwalk, including a new seawall

• Permit(s) Update for Site 4:

• DERM is required to go before BCC for approval for a brand new seawall; issues need to be worked out with FDEP in regards to submerged land; and with needed and designed small areas of adjacent private owned sites, which the BCC recently directed the proffered donations be accepted by the County; MDC Public Works is currently preparing item to be presented to BCC to allow county to build on FDEP-owned submerged land (like an easement); item may be presented before the end of the calendar year (estimated October). Following BCC approval, item will go to FDEP for approval (and an FDEP permit will subsequently be issued);

• FDEP – Will issue permit after submerged land easement is approved by BCC and resubmit permit

• Army Corps of Engineers (ACOE) permits – MDC submitted application 1.5 months ago, and is now on its second round of requested revisions / clarifications.

• City of Miami Permits – MDC will submit permit application after the land issues are resolved

Site 5 (South Shore Metro-Rail South)

• Site 5’s completed construction engineering documents include the three parcels needed for the small planned riverwalk connector between the existing public riverwalks to the east and west.  One of the three planned parcels is owned by MDC, and the others are owned by Neo Vertika and Benzol Properties Corp. 

• The Board of County Commissioners approved an item directing the administration to negotiate the donation of the needed Neo Vertika and Benzol Properties Corp. riverfront land sliver to the County to construct the County’s designed and funded public riverwalk, including a new needed seawall

Permit(s) Update for Site 5:

• DERM is required to go before BCC for approval for a brand new seawall; issues need to be worked out with FDEP in regards to submerged land; MDC Public Works is currently preparing item to be presented to BCC to allow county to build on FDEP-owned submerged land (like an easement); item may be presented before the end of the calendar year (estimated October). Following BCC approval, item will go to FDEP for approval (and an FDEP permit will subsequently be issued);

• FDEP – Will issue permit after submerged land easement is approved by BCC and resubmit permit

• Army Corps of Engineers (ACOE) permits – MDC submitted revised plans 1.5 months ago, and is now on its second round of requested revisions / clarifications.

• City of Miami Permits – MDC will submit permit application after the land issues are resolved

Site 6 (North Shore Miami-Dade Water & Sewer Department)

• MDC finished $79,000 Phase I - drainage improvements

Permit(s) Update for Site 6:

• FDEP permits– fully executed

• DERM permits– DERM has approved county plans yet is requesting receipt of building permit from City of Miami before they issue their final permit (Ms. Moorey indicated PW still needs to pick up plans from DERM office and submit them to the City; boundary survey is done);  All estimated to be completed this calendar year.

• Army Corps of Engineers (ACOE) permits – MDC submitted revised plans 1.5 months ago, and is now on its second round of requested revisions / clarifications.

• City of Miami Permits – MDC PW will submit building application after retrieving pans from DERM permit application reviewers”

III. New Business- GSC Chairman Martin stated at the October 3 Miami River Commission public meeting his Greenways Subcommittee Report will include this update regarding the Miami-Dade County, City of Miami, and private sector sections of the publicly accessible Miami River Greenway.  The GSC confirmed the next regularly scheduled, 2nd Wednesday of the month, 2 PM, 1407 NW 7 ST, public meeting for October 12, 2011.  The meeting adjourned.

I. Miami River Greenway Governance – Mr. Brett Bibeau, MRC Managing Director, stated the MRC co-coordinated and funded the following Miami River Greenway Beautification Volunteer Events in September and early October:

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

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

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

Director Bibeau noted future Miami River Greenway Beautification Volunteer Events

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

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

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

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

One Miami: Mr. Bibeau noted Mr. Albert Sosa, City of Miami Capital Improvements Program Director, had sent a letter to the One Miami Condominium Association on August 31, 2011 indicating that “there are currently 64 lights that are part of the Riverwalk which are currently not functioning. The City hereby requests that the lights in question be made operational pursuant to this agreement within 30 calendar days.” Mr. Bibeau noted Mr. Sosa references in the letter an agreement (dated July 23, 2003) requiring One Miami to “maintain the Riverwalk in good, clean condition, which shall at minimum, require the complete Riverwalk to be maintained in first class condition. The agreement further defines the Maintaining Party as a “condominium, master, or homeowner?s association.” Mr. Bibeau thanked One Miami for fixing the lights along their section of the public riverwalk. In addition, Mr. Bibeau thanked Directors Newhoff and Sosa for repairing the riverwalk lights along the City owned north shore public riverwalk section from Brickell Ave to Metro-Mover.

II. New Development – Mr. Bibeau stated City Planning Director Garcia and he had participated in last night's City of Miami Waterfront Advisory Board meeting, during which the following document was reviewed:

“Action Plan” 10/11/11

On August 9-10, the City of Miami Planning Director Garcia, Zoning Administrator Barnaby Min, Public Works Director Zerry, Len Helmers, City Public Works, Code Enforcement Officers, Assistant Building Director Vanessa Acosta, Building Director Mariano Fernandez, MRC Chairman Horacio Stuart Aguirre, City Bike Coordinator Collin Worth, Department of Capital Improvement Projects, MRC staff and Waterfront Advisory Board Chairman Pruitt inspected the following 10 sites, which were identified with public Riverwalks constructed and or operating inconsistent with City of Miami approvals:

1) Epic: remove obstruction (vacant temporary sales center building), and construct the public riverwalk on the Epic Phase II site – Status: City of Miami 10/13/09 Memo states, “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.” Director Garcia stated Epic requested another time extension for required demolition, which City Legal is researching if legally he should consider.

2) One Riverview Square: install benches in public riverwalk per City approved plans

3) Riverfront East: construct public riverwalk, address code violations on seawall, and address / remove gates which block easy public access – City of Miami?s “Riverfront East Substantial Modification to a Major Use Special Permit Development Order” states, “Re-think the gating of the entrances to some other means of providing security that is not a gated security area…..If the project is to be developed in phases, the applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future Phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Director of Planning and Zoning”

4) Riverfront West: complete construction of riverwalk; coordinate connection with Miami-Dade County Riverwalk – City of Miami adopted new ordinance in June / July which now allows this riverfront area to receive a riverwalk building permit despite being too small for platting. Owners indicated now that it is therefore feasible, they are willing to submit a permit application and construct the remaining designed seawall and public riverwalk on their needed 2 small riverfront slivers. In addition, Miami-Dade County Commission recently unanimously approved a “Resolution directing the Mayor to engage in negotiations with the owners of four properties located along the Miami River in connection with the Miami River Greenways Project in order to obtain dedications of portions of such properties necessary to provide a continuous linear construction of the seawall and the riverwalk.” The western terminus of the “Riverfront West” riverwalk includes two of the referenced sites.

5) Brickell on the River: create connector pathway on the east side of the property (between the sidewalk and riverwalk); Despite City having been alerted of Brickell on the River?s intentions to install a fence on this side, eliminating public access, the new fence was installed, inconsistent with the City?s original MUSP approval and intent.

6) Day Care: provide waterfront setback and public access, as required by the City of Miami Charter and Class II Special Permit

7) Neo Vertika: nothing much can be done to correct already constructed 8?-3? wide riverwalk (though the City approved MUSP originally depicted a 25?-16? wide unobstructed path); address seawall code violations; improvements are needed to connect this public riverwalk section with the M-Path to the east and the public riverwalk at Latitude on the River to the west (these developments should partner to make this connector 16 feet wide, as opposed to the current 3 feet) – Neo Vertika recently distributed a document dated May 12, 2011, entitled, “Neo Vertika Seawall Repair Protocol” prepared by EC Consulting Partnership, which appears to be a design and invitation for construction bids. Miami-Dade County Commission recently unanimously approved a “Resolution directing the Mayor to engage in negotiations with the owners of four properties located along the Miami River in connection with the Miami River Greenways Project in order to obtain dedications of portions of such properties necessary to provide a continuous linear construction of the seawall and the riverwalk.” The eastern terminus of the Neo Vertika Riverwalk and missing seawall is one of the referenced sites, and the Neo Vertika Condominium Association Attorney has expressed in writing and meetings their desire to donate that problematic small riverfront sliver to the County, so that the County may construct their already designed seawall and riverwalk using MDC construction funds from the “Miami River Greenway” line item in the MDC 2003 General Obligation Bond Issue. Willing to cost share wider connection to Latitude.

8) Latitude on the River: Owner met with Miami-Dade County to coordinate construction of their respective connecting riverwalk section: Latitude Owner placed a $75,000 bond to correct the faulty connections between Latitude?s public riverwalk and the Neo Vertika?s public riverwalk to the east and the County owned riverwalk beneath their 2nd Ave Bridge to the west. Plans provided 10/12/11 - wants 1 mob.

9) Terrazas River Park Village: Property Manager emailed permission for the City to install a gate in the Sewell Park fence, to be opened and closed during park hours, which will provide public access from Sewell Park into Terrazas? completed Riverwalk and restaurant spaces. Director Garcia stated City issuing PO

10) River Oaks Marina & Condominium: During the August 10 inspection, several representatives from River Oaks Marina and Condominium stated they will complete construction of their publicly accessible riverwalk prior to receiving their final CO in the near future.

All ten of the aforementioned projects also still need to comply with former Zoning Code 11,000, which had Miami Riverwalk Design Standards and Guidelines, including requiring the installation of signage indicating a “public riverwalk”, which still need to be installed, as required by the City, at all of the aforementioned 10 public riverwalk sections.”

Jeovanny Rodriguez, City CIP Asst. Dir, stated the north shore?s public Miami River Greenway section, from NW 7 Ave to NW 12 Ave, remains on schedule to be completed by December, and full construction will recommence October 17. Mr. Bibeau provided the following September 14, 2011 version of the document, “$7.6 million in Federal / FDOT / MPO / Grants awarded to the City of Miami to construct the Miami River Greenway:

1) B-30651

Geographic Area: City amended the Miami River Greenway area for these Congressional appropriations from NW 5 ST to:

A. Lummus Park - enhancing the existing on-road greenway on North River Drive and installing benches, trash receptacles, trees, signage, etc.
B. North River Drive small gap between the existing Greenway sections at the 5th Street Bridge and 6th Avenue
C. South River Drive from NW 5 ST Bridge to NW 7 ST

* BCC firm is in charge of sections A and C

D. Lummus Landing (riverfront portion of Lummus Park)- City issued Purchase Order for Milian, Swain and Associates to update their previous design for this site; survey phase completed in March, and estimated design completed by Fall 2011. City intends to utilize original Milian, Swain plan/schematics for Lummus Landing, including the placement of boat slips, riverwalk, and decorative lighting. City provided additional $1,076,000 saved from another Miami River Greenway project, to finish the riverwalk in Lummus Landing, $661,007 of which was approved on City Commission?s January 27 agenda item RE. 3, and $414,993 approved at 2/24/11 City Commission meeting.

Awarded Grant Funding Available: $2.6 million, FY „11-?12 - July 1, 2011 – June 30, 2012; (Areas A, B &C) $1,076,000 million additional for Area D
Design Status: (Area?s a & C) City contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee 3/9/11 and 90% complete was submitted July 7, 2011 to FDOT for LAP
Area B – City signed work order in June 2011 for A & P to design – NTP 7/11 – estimate 60% complete in early September 2011
Area D – City issued PO to Milian, Swain – Surveyed March 2011, complete design Fall 2011
Construction Status: Need to finish design and then advertise for construction bids (estimated November 15, 2011)
Needed Action Items:
1) 90% design submitted to FDOT for LAP (A&C) in July, 2011
2) Contracted firm designs “B” (estimate 60% complete early September 2011)
3) FDOT execute LAP (in process, city submitted to FDOT in July 2011)
4) Advertise for construction bids (estimated October 15, 2011 for Sections A & C and estimated November 15 for Sections B & D)
5) Execute construction contracts (estimated January 15, 2012 for all four sections A-D)
6) Issue construction Notice to Proceed (estimated February 15, 2012 - all four sections A-D) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012 - all four sections A-D) *or 8/15/12 – 6/15/13

2) B-40686

Geographic Area: South River Drive from NW 1 ST to NW 5 ST Bridge
Awarded Grant Funding Available: $1 million, FY? ?10-?11, July 1, 2010 – June 30, 2011 (includes previously FDOT approved City request for a one year extension)
Design Status: 100% Complete
Construction Status: construction contract executed - LAP executed 10/8/10
Needed Action Items:
1) Addendum #4 issued making minor revision to design to incorporate existing riverfront public pocket parks owned by AT&T (NW 1 ST) – City will try to address NW 2 ST existing riverfront pocket park (owned by WASD) by including a bench and trash can on the City owned right of way facing the waterfront, but maybe difficult as located on a curve in the road
2) Issued construction Notice to Proceed late July 2011
3) Estimated construction period August 20, 2011 – April 20, 2012

3) B-30336

Geographic Area: South River Drive / NW 7 ST from 10-12 Ave
Awarded Grant Funding Available: $1 million, FY ?11-?12, July 1, 2011- June 30, 2012
Design Status: City?s contracted firm commenced design, 90% complete provided to MRC Greenways subcommittee on 3/9/11. Wider (closer to standard) Greenway included in 100% construction engineering documents, was submitted to FDOT to execute the LAP agreement, which is expected to be executed by 9/15/11
Construction Status: Need to finish design and then advertise for construction bids
Needed Action Items:
1) Worked with Fire Department and avoided substandard / narrow Greenway
2) Finish design (90% complete submitted to FDOT for LAP on 6/24/11
3) FDOT execute LAP (estimated September 15, 2011)
4) Advertise for construction bids (estimated October 15, 2011)
5) Execute construction contract (estimated January 15, 2012)
6) Issue construction Notice to Proceed (estimated February 15, 2012) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012
7) Estimated 10 month construction period (estimated February 15, 2012 – December 20, 2012) *MDC seeking 6 month delay for new sanitary sewer line installations, if granted becomes August 15, 2012 – June 15, 2013

4) B-30130

Geographic Area: South Shore Metro-Rail to South Miami Ave Bridge
Awarded Grant Funding Available: $1 million, FY ?11-?12, July 1, 2011 – June 30, 2012
Design Status: 100% complete and submitted to FDOT in December 2010 (provided to MRC Greenways subcommittee 3/9/11)
Construction Status: FDOT executed LAP, City needs to advertise for construction bids
Needed Action Items:
1) Advertise for construction bids (estimated early July 2011, with bids due 8/9/11)
2) execute construction contract (estimated October 15, 2011)
3) Issue construction Notice to Proceed (estimated November 15, 2011)
4) Field Change / updated plans to move trees on eastern end to not obstruct planned public walkway parallel to bridge connecting to public riverwalk at planned Big Fish restaurant
5) Estimated 10 month construction period (estimated November 15, 2011 – 9/15/12)

5) B-40643A

Geographic Area: North River Drive from NW 7 Ave to NW 12 Ave
Awarded Grant Funding Available: $1 million now
Design Status: 100% Complete and permitted
Construction Status: Under Construction - 10 month construction period (2/11 – 12/11) Z
Needed Action Items:
1) Determine relocated tree locations within Spring Garden, especially Point Park – City provided Tree Relocation Plan 3/9/11, and the residents provided comments and suggested revisions since then

6) B-30631

Geographic Area: South Shore from Miami Circle to South Miami Ave
Awarded Grant Funding: $1 million (majority for construction, portion for design)
Grant Funding Available: FY 2013-2014 (July 1, 2013 – June 30, 2014) (possibly earlier, $140,000 in design funding becomes available in FY 2012, which starts July 1, 2011)
Design Status: Need to commence design
Construction Status: Need to design before construction;
Needed Action Items:
1) Attempt to get permission for this section to be a riverwalk along the shoreline, rather than an on-road Greenway along SE 5 ST by June 2011, because design starts July 2011
2) Hire Engineer in August to make construction documents – City negotiating with A & P – estimate design start 9/11 – design estimated complete end of 2012 at the latest
3) FDOT Execute LAP agreement (City Commission approved); City initiated the LAP agreement process with FDOT in late December 2010
4) Hire company to construct this funded section of the riverwalk construction – construction funding available 7/1/13 and design funding available 7/1/11
5) Construct this section of the riverwalk; City estimates construction will commence in 2013”

Miami-Dade County:
Mr. Bibeau provided an email from Ms Lana Moorey, Miami-Dade County, stating, “Tentatively the item for conveyance of FDOT property is scheduled for October 26, 2011 and for acceptance of the (FDEP) submerged land easements for November 9, 2011 ILUC committee.” Both items are needed for the County to build their designed and bond funded sections of the public riverwalk on County controlled public rights-of-way. After consideration by the Board of County Commissioner?s (BCC) “INLUC” subcommittee, it will be considered by the full BCC.

III. New Business - Director Bibeau stated the grant application he authored on behalf of the City of Miami, for a $1 million federal cost share for the public Miami River Greenway from NW 12 Ave to west of I-836, is a finalist, and therefore remains under consideration for potential funding. The City asked Dr Martin and Mr. Bibeau to make the finalist presentation to FDOT. During the presentation, FDOT indicated the need for the City to spend the previously awarded grant funding.
The GSC confirmed the next regularly scheduled, 2nd Wednesday of the month, 2 PM, 1407 NW 7 ST, public meeting for November 9, 2011.