I. CHAIRS REPORT:

Mr. Parks introduced himself and welcomed everyone to the March 4, 2002 meeting of the MRC.  Mr. Parks asked for approval of the February 4, 2002 minutes.  Janet McAliley made the motion to approve, Sandy O’Neil seconded and the motion passed unanimously.

Mr. Parks stated that he did not have a formal report.  He wanted to turn the meeting over to David Miller and Brett Bibeau, so they could report on their trip to Tallahassee for Dade Days.  Bob stated that WLRN asked the MRC to have someone appear on a television show running the week of March 4^th dealing with the River.  Mr. Parks, Dick Bunnell, and Brenda Marshall appeared and felt the show went very well.

                David Miller said that Brett and he went to Tallahassee February 27^th and 28^th for the “famous” Dade Days events with state officials.  With the assistance of Doug Bruce, the MRC Tallahassee governmental affairs representative, they were able to visit numerous Representatives and Senators concerning the River dredging project appropriations and MRC appropriations.  David said concerning MRC funding, the Senate has $200,000 and the House has $150,000 in their respective appropriations packages and they will decide the final figure in conference.  As it stands, the MRC is fairly secure in having at least $150,000 and hopefully $200,000.

                 In regard to the dredging appropriations, and working in conjunction with the County, the Senate has $1.25 million and the House has $1.15 million in their respective appropriation bills, which is a little less than the $1.5 million requested; however, it is sufficient funding for the project to move forward.  The State has been very supportive of the dredging project, but many officials are rightfully concerned that the actual dredging has not yet started.

                Mr. Miller said that the Executive Committee voted to purchase and provide a small River memento to appropriate state officials.  The memento was a small 8 x 8 inch tile with a beautifully painted scene of the Miami River suitable for setting on a desk or wall shelf.  All officials were very pleased with the tile and hopefully it will be a constant reminder to them of the Miami River and the need to improve this exceptional waterway. They were all very supportive of the dredging project and what the MRC is doing with the Greenways and the Urban Infill Plan

 II.  Miami River Dredging Project

                Mr. Parks introduced Mr. Jerry Scarborough the USACE project officer for the Miami River dredging project.  Mr. Scarborough stated the Corps appreciates all the efforts of the MRC to move the dredging project forward.  They would not be as far along today if it had not been for the MRC.  The Corps has been working on this since 1972!  Mr. Scarborough said that the most significant event was when the MRC sent a delegation to Washington in March 1999, who met with the Headquarters section of the Corps of Engineers and was able to amend the cost sharing on this project.  Before that, the project was not progressing. He feels the most important hurdles have been overcome.  This week the Corps is finalizing the Draft Environmental Impact Statement (DEIS) and the Dredged Material Management Plan (DMMP).  The next phase is the public coordination and the DEIS will be published in the federal register for comment.  There is a 45 day mandatory coordination period in the federal register for the DEIS.  The Corps will receive comments, make necessary revisions and then publish the final EIS for an additional 30 days as required by law.  Contract advertisement will then occur at the end of the May 2002. 

                The contract advertising is actually a request for proposals (RFP).  The Corps is not going to stipulate to the contractors exactly how this project must be done.  This project is much more than a simple dredging project, and actually is more of a materials transportation and disposal project.  The Corps feels the Miami River dredging project will best be accomplished by allowing private entities to work together and make a combined dredging, transportation and disposal proposal.  In April 2001, the Corps had an Industry Day with about 75 different contractors attending and they expressed their interest in this project and discussed numerous alternatives concerning contaminated sediment disposal options.  Based on that meeting, the Corps determined it was not prudent to specify how this material should be disposed.  They did not want to close the door on any innovative technology that might come forward as a result of the process.  The Corps’ contracting officer was able approve an RFP process, instead of a specific, defined contract. This leaves the disposal process open to the latest technology and then the Corps will evaluate the disposal methods that come in against a set of established criteria.  They feel this will give them the best overall project environmentally and the best project for Miami-Dade County.  Current plans are for the RFP to go out at the end of May, they will be able to award the contract at the end of August and dredging could then commence in the fall of this year. 

                The Corps has received a “conceptual” water quality certification from the State.  The conceptual permit basically states the River can be dredged and the water quality certification permit will be adjusted based on the dredging and disposal method selected through the RFP process.  There may be some additional time needed to get the final water quality certification permit.

                Jerry discussed the importance of utility relocations.  Specifically, there are utilities crossing the River that were not done per Corps requirements for depth below the river bottom.  Utilities must be at least six feet below the river bottom in soft material and three feet below in rock bottom.  Many bridge utilities, electric cables and some water lines need to be lowered, so they will not be damaged by the dredging project.  The utility relocations are very important.  The Corps cannot award a contract to dredge the River and still have cables or pipelines across the River that would be a potential hazard for the contractor.  Jerry stressed the importance of fast tracking utility relocations.

                Mr. Scarborough stated there is $5.5 million dollars in the federal budget for this project.  He feels this is enough to get the project started, but would be more comfortable with $10 million.  He doesn’t believe any contractor can dredge the River in one year and he expects the project will take several years and therefore, several budget cycles.

                 Mr. Scarborough said he would be glad to answer any questions.  Discussion took place.  Mr. Scarborough said that the reports that he mentioned – the DMMP and DEIS – would be provided to the County Commissioners and staff.  If after reviewing those reports, they still feel it is necessary for Mr. Scarborough to brief them, he will be happy to do so.  The Corps wrote a letter to the County describing that they cannot discuss the proposals received during the RFP process, as the contractor selection process is subject to non-disclosure up through and after award.  The Corps will award the contract, however a representative of the County will be part of the selection team.                The Corps has a website for the Miami River dredging project and most of the releasable information will be posted on the web site.  David Miller will provide the web site in the next mail out so everyone will have it.  (Note: website is –www.saj.usace.army.mil –from this site go to the Miami River project)

                The Project Cooperation Agreement (PCA) cannot be executed until the environmental documents and DMMP are approved.  Right now the County and Corps are finalizing the PCA.  The Corps sent a letter to the County Manager describing the whole process.  Discussion continued.  It was noted that the County (non-federal sponsor) had the responsibility to acquire necessary lands, right-of-ways, and easements for the project.  Also, the county will pay the non-federal share of the project costs with the assistance of the state, city and the Florida Inland Navigation District.  This is a maintenance-dredging project.  The Corps pays for the dredging of the federal navigation channel.  The county provides the necessary lands for the project.  The construction of the temporary drying site, transportation costs and final disposal costs are cost shared at basically an 80% federal and 20% non-federal ratio.   Generally, everything has to be done before advertisement of the contract.  There may be some utility relocations that are not totally complete by the time the Corps is ready to advertise the contract.  They hope to come up with an agreement between the Corps and the County that would allow the project to go forward while the utility relocations are being completed. 

                Mr. Miller understands that the Corps contract can be amended to add bank-to-bank dredging issues; however, the tributary dredging is not something that can be added to this federal channel “maintenance dredging” contract.  Mr. Scarborough said they have legal issues precluding the addition of the tributaries, (under the maintenance dredging of a navigable channel contract), because they are not federal channels and this project and funding principles are for federal channels only.  The bank to bank dredging can be done as betterment to the federal channel project.  The tributaries cannot.  If the County wants to dredge the tributaries, then they will have to acquire all the necessary permits, fund the cost 100% and probably enter into a separate contract.  In an attempt to dredge the tributaries, the County is looking into flood related issues and funding from other sources.  Carlos Espinosa stated that a letter has been drafted for the Manager’s signature to the Corps to see if flood control funds may be utilized.  Mr. Parks said that if there is anything the MRC can do to help the process with the Corps and the County, it is willing to help.  The MRC will also try to help raise the money when the tributary dredging project becomes more defined.

III.   Discussion of Riverfront Property Zoning Change Request

                Mr. Parks introduced Jim Murley and Vicki Garcia-Toledo.  Mr. Parks stated that this matter came before the Executive Committee and the Committee felt that because of its importance, it should be brought to the attention of the MRC.  A handout was provided that explained that the property is located on the south side of the River from S.W. 7^th Street to the River and from First Avenue to Brickell Shipping Yard at the corner of 7^th Street and 2^nd Avenue.  Also, the land use change is from industrial to restricted commercial and the proposed zoning change is from waterfront industrial to Central Brickell Rapid Transit Commercial-Residential District.  Jim Murley advised that the Urban Infill Plan will address this area in detail and recommended that the MRC recommend that this land use and zoning change be held in abeyance until completion of the Urban Infill Plan in June 2002. 

                Ms. Vicki Garcia-Toledo, representative for the property owners, Fomac Realty, also made a presentation.  The property owners are requesting the City of Miami change the land use and zoning currently on the property.  The request of the property owners is to allow this property to have a broader possibility of uses to include retail, office and residential and, therefore will be more saleable.  She stated that the idea is consistent with the City of Miami’s Planning Department policy. They have recommended approval of the application.  This request would require commercial development at ground floor on the River’s edge.  Ms. Garcia-Toledo said this is probably the most flexible of all land uses and zoning categories.  It would also allow, under that retail component, marine related retail uses along the River.  This is strictly a land use and zoning change.  If and when these changes are approved and a developer steps forward to develop the site, that developer will need to go through a major use special permit which is the broadest zoning permit category in the City of Miami.  The City would then forward that application to the MRC for a recommendation to the City Commission.  Right now the only thing on the table is the request for the change that the MRC has before it.  The proposed zoning allows buildings of unlimited height.  Regardless of what the zoning is, the 50-foot setback requirements of the City and the Riverwalk construction remain pursuant to the City charter.  Discussion took place.

                Mr. Bruce Brown, one of the property owners, advised that he runs a cargo loading service to the Bahamas.  From a family point of view, since the surrounding property is being developed, he would like to reap the true value of the property when sold.  Even if the zoning and land use change is made, he plans to continue to operate the shipping business there until someone comes in with a development plan.  Discussion continued.

                Mr. Murley said he felt the most important thing is that this project requires a plan change and a zoning change.  Those are two different legal items.  The City and County, by agreement with the MRC, are engaged in completing a full-scale plan for the redevelopment of the entire River corridor.  The Miami River Corridor Urban Infill Working Group (UIWG) is looking at a series of changes that would effect the planning and hence the future zoning for many Riverfront sites.  The plan is still under development and currently, they have the first draft of the plan.  When the plan is completed, they will have an integrated plan within which they can make zoning decisions for the entire River corridor.  Jim Murley stated it comes down to a timing question.  Should a land use and zoning change be made two-thirds of the way through the process or should it be deferred until the final policy is actually known for the entire River.  Mr. Murley said another issue is - should the city create a situation of a non-conforming use?  As a matter of public policy, one should not change zoning and then continue to operate a shipping company in a zone that does not allow marine industrial uses.  Mr. Parks stated that funds have been expended on the Urban Infill Plan and a consultant is under contract to complete the plan.  Mr. Parks feels that this is a significant factor.  Mr. Parks asked what the timing is on the Urban Infill Plan and Jim Murley indicated it should be approved by the MRC at the June meeting and then go before the City and County Commission for their approval.  The zoning request is scheduled before the City Zoning Board on March 15^th, then a month later; it will be scheduled before the City Commission for the first reading.  Discussion was held.  Ms. Garcia-Toledo stated that developers would not be interested in going through pre-development expenses without the proper zoning and land use.  They are trying to build the first step of that process.  The clients are the property owners and not the developer.  Janet McAliley stated this was the wrong way for the MRC to deal with the problem.  She suggests that property owner wait until the Urban Infill Plan is ready and the City has acted on it. 

                Mr. Parks asked Dianne Johnson why is the City moving this land use and zoning request forward, knowing full well that the Miami River Corridor Plan will soon be completed?  Dianne stated that there has been some discussion and they have been exchanging ideas, but feel a property owner has the right to a hearing on the request.  Discussion took place. 

                Mr. Parks explained that the MRC does not have any power to take any action with reference to the City of Miami’s land use and zoning, etc. except make the MRC’s position clear. Mr. Murley recommended that the MRC put this request in context with what they are trying to do on the planning framework and suggest that a delay might be in order. Mr. Brown stated that he would like to have his family have the property for sale and available to other development opportunities, other than simply marine industrial.  The time frame for the completion and adoption of the Urban Infill Plan by the City and the County is planned for June or July.  If adopted, it would be a comprehensive plan amendment that would go to the Department of Community Affairs.  After discussion, Ernie Martin made the motion that the MRC take no action and request the City delay legal land use changes until the Urban Infill Plan is finalized in May or June 2002.  Janet McAliley seconded the motion that passed with a majority vote.

IV.  Port Security on the Miami River

                Capt. Watson, USCG, said that a few years ago, Senator Graham chaired the Seaport Security Commission, as a result of some of the issues that he was concerned about in the State of Florida.  A number of recommendations came from that Commission to the President and Congress.  A major recommendation was for the federal government to consider increasing its role in seaport security.  In general the federal government has never treated seaports like it does land borders of the country.  Seaports have always been developed locally and funded locally.  After 911, things have picked up dramatically on the issue of seaport security.  One of the things that occurred was an emergency supplemental appropriation of about $93 million set aside for ports to get federal funding for the first time in the history of the country to bolster their security infrastructures.  Captain Watson has been involved with finding out what is the situation in South Florida; what are the ports doing about security and what is the Coast Guard doing about it.  The State of Florida passed a law last year that is parallel to where the Federal Government is now going.  It looked at the same recommendations from the Graham Commission and adopted most of their recommendations.  It is basically having a security plan for the port; conduct a port threat assessment and start improving security infrastructure.  One of the things that it didn’t give flexibility about was credentialing and access control for ports.  That state law applies to the 14 deep-water ports of Florida.  The Miami River is not one of the deepwater ports of Florida.  There is funding from Tallahassee for some of those improvements.  The Federal law is soon to be completed.  Capt. Watson believes that only ports are allowed to apply for federal funding.  It is likely that this $93 million that was put into the emergency supplemental fund is just the beginning of more funds that will be made available for port security.  Capt. Watson clearly sees how funding will be made available to designated ports like in Palm Beach, Port Everglades, Port of Miami and Key West.  Capt. Watson is not sure how federal funding for port security will work on the Miami River, as it is not a designated port with a port authority.  There is a news release on how to make application for port security funds to the Transportation Security Administration, which was just recently created.  They will rely heavily on the Coast Guard and the Maritime Administration to review the application, but the applications are being accepted for two different categories of grants.  The first is security assessments and mitigation strategies.  This would be the first step that a port or private terminal would do in the process of implementing a security plan.  There is a second category, which is funding for enhancing security on the facility.  Facility enhancement would include: facility access control, physical security, cargo security and passenger security.  The assessments must be done first, before applying for funding for enhancing facility security.  The Florida deepwater ports have already done the assessment, by virtue of complying with the State Statute 311.12.  Capt. Watson brings to the MRC the questions of whether there would be some interest in trying to use the MRC or some other entity along the River to achieve what appears to be the first step in applying for these grants.  Mr. Parks said that Ellen Roth, local representative of Senator Graham’s office, came to the Executive Committee meeting on behalf of the Senator to explain the security needs now in light of 911 and that Congress had passed legislation which provided funds for security and that the River certainly needs to be secure.  Mr. Parks felt that it was important to have Capt. Watson explain to the MRC about the Act.  Mr. Parks said that the problem the Executive Committee had was that the State Statute does define what a deepwater port is and the Miami River did not fit the category.  If the Federal Legislation required a port to apply for funds, there really wasn’t anyone on the River to do that.  Mr. Parks said that unless there is some objection by the Commission, he would like to refer this to the Public Safety Working Group and Gary Winston, so they can look at the problem.  Mr. Parks would like to know if the MRC could apply for a grant to start the planning phase.  And if so, does the Commission want to take the responsibility of setting up some group with input from everybody on the River to formulate the plan.  Mr. Parks opened it for discussion.  Capt. Watson said that this year’s application deadline is March 28^th.  Capt. Watson said there are no regulatory guidelines.  Senator Graham’s port security bill has only passed the Senate.  Any authority that the Coast Guard may already have to implement new regulations will be utilized.  Capt. Watson reiterated that these security issues are coming and funding is leading the regulatory requirements.  Ultimately, Capt. Watson’s job is to ensure that all port or marine facilities have employees that meet the credential requirements. Capt. Watson said the rest of the ports in the State of Florida have already done the planning and had the Florida Department of Law Enforcement (FDLE) do the port assessments.  They have compiled their security plan.  No one can get into Port Everglades or the Port of Miami without a proper credential. Discussion took place.  Capt. Watson feels that individual terminals will be subject to federal regulations.  Dr. Martin suggested that the March 28^th date be considered.  David Miller said that on March 13^th and 14^th, they plan to go to Washington and will meet with Senator Graham’s staff to find out more details.  There are not a lot of facts yet.  Javier Fernandez requested to be included on the Public Safety Working Group.  Mr. Parks thanked Capt. Watson. 

V.  Discussion about MRC Licensing Stevedores

                David Miller stated that the Port of Miami has asked the MRC to take a look at issuing stevedores licenses for stevedores operating on the Miami River.  The reason the Port wants the MRC to do this is because they want to confine their operations to the Port.  Currently County codes require the Port to issue stevedore licenses to any stevedore company that works in the County.  Mr. Miller brought this to the attention of the Executive Committee and sent out information.  Mr. Miller said that after reviewing the codes, this would put a significant new workload on the MRC staff, and this take MRC staff time from other River projects.  Mr. Miller did not recommend the MRC accept this responsibility at this time.  Phil Everingham made the motion that the MRC not accept the Stevedore licensing proposal from the Port of Miami.  Dick Bunnell seconded the motion and after a short discussion, the motion passed unanimously.  A letter will be sent to the Port regarding this decision. 

VI.  Committee Reports

a.  Miami River Corridor Urban Infill Plan

                Jim Murley stated that they have delayed the final round of public hearings so Dianne Johnson can set up meetings with the Mayor and all City Commissioners to brief them on the plan and seek their comments.  Once their comments are received, then the next round of hearings will be scheduled.

b.  Greenways

                Dr. Martin reported that they would be having the Dade Heritage Days on the Middle River and provided a handout to all attendees.