MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7 St., Suite D
Miami, FL  33125 Phone 305 644 0544
Fax 305 642 1136
Email:
  mrc@rsmas.miami.edu

MONDAY
March 6, 2006
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Miami River Commission (MRC) Vice-Chairperson Phil Everingham convened the MRC meeting at noon , Monday, March 6, 2006 , Robert King High, 1407 NW 7^th Street, New Board Room, Miami, Florida .

• Chairperson Irela Bagué, South Florida Water Management District (SFWMD)

• Phil Everingham, President of the Marine Council, MRC Vice-Chair

• Tony Garrastazu, designee for Governor Jeb Bush

• Amy Gonzalez-Hernandez, Designee for Mayor Carlos Alvarez

• Steve Wright, Designee for Miami City Commissioner Joe Sanchez

• Gary Winston, Designee for State Attorney Katherine Fernandez-Rundle

• Megan Kelly, designee for Greater Miami Chamber of Commerce

• Dana Nottingham, Downtown Development Authority

• Captain Beau Payne, Designee for Chair of the Miami River Marine Group

• Eddie Rodriguez, designee for Sara Babun

• Dr. Ernie Martin, Neighborhood Representative, appointed by City Commission

• Captain James Maes, U.S. Coast Guard, Ex-Officio

MRC Staff: Brett Bibeau, Managing Director, Ashley Chase Assistant Managing Director

Others attending interested in the River:  

• Jim Murley, FAU

• Tim McIntosh, Miami-Dade DERM

• Evan Skornick, SFWMD

• Lavinia Freeman, Trust for Public Land

• Pieter Bockweg, City of Miami

• Robert Weinreb, City of Miami

• Dr. Fran Bohnsack, Miami River Marine Group

• Kevin Doran, Two Foot Tours

• Mark Bailey, Merrill Stevens

• Carmen Polanco, Antillean Marine

• Wanda Crump, Protocole Corp.

JOIN US!!
For more information, contact us via email at mrc@rsmas.miami.edu

I. MRC Chairperson Report: 

MRC Chair Irela Bagué stated the 10^th Annual free Miami Riverday festival will be held on March 25, 11-5 in Jose Marti Park. On behalf of the MRC, Chair Bagué thanked all of the Riverday sponsors, and encouraged everyone’s attendance.  Chair Bagué noted she had assisted in redesigning this year’s Riverday flyers, which are being distributed.  Chair Bagué noted local artist Xavier Cortada would unveil his latest painting, commemorating the Tenth Annual Miami Riverday, at a V.I.P. sponsorship party at the Capital Grille on Thursday, March 23.

Gary Winston moved to approve the MRC’s January 9, 2006 and February 6, 2006 meeting minutes.  The motion was seconded by Phil Everingham, and unanimously adopted.

Chair Bagué, who also serves as Chair of the South Florida Water Management District’s (SFWMD) Human Resources Subcommittee, stated she had noticed the MRC has been operating without a written set of Employee Policies and Guidelines.  Therefore, Chair Bagué stated she had worked on creating an MRC Employee Policies and Guidelines, based on the SFWMD’s adopted set.  Bagué reported on February 21 the MRC’s Executive Board unanimously adopted the MRC Employee Policies and Guidelines, which she noted are available upon request.

Chair Bagué stated the newest MRC board member Barry Johnson, GMCC President, asked to be placed on the MRC agenda, yet a scheduling conflict arose, so he has requested his presentation to be deferred to the MRC’s April 3 agenda.

II. Adoption of the Draft “3^rd Annual Update” of the Miami River Corridor Urban Infill Plan - Chair Bagué stated consideration of the draft “Third Annual Update” to the Miami River Corridor Urban Infill Plan was deferred last month, due to lack of quorum.  Chair Bagué added additional public hearings have been held, and members have been provided the printed draft, and turned over the item to the MRC’s Urban Infill Working Group Chair (UIWG), Jim Murley.

Mr. Jim Murley, Chair of the MRC’s UIWG, noted MRC staff had distributed the draft “Third Annual Update” to all MRC board members in two previous mail-outs, as well as a report on potential additional “catalytic sites” to incorporate with the Plan’s previous 38 “catalytic sites”.  Mr. Murley explained that the Urban Infill Plan identified 38 “catalytic sites” along the Miami River geared to achieve a balanced mix of residential, marine and commercial components.  Mr. Murley provided meeting attendees with a brief overview of the creation of the award-winning Miami River Corridor Urban Infill Plan, which the FL Legislature recommended the City, County, and MRC create in the 2000 Miami River Improvement Act.  Mr. Murely noted the Plan was prepared under a Joint Planning Agreement (JPA), unanimously adopted by the City and County Commissions , and utilized a Department of Community Affairs (DCA) grant to hire a professional planning firm.  In 2002 the MRC adopted the Plan as its Strategic Plan, which is required by the MRC’s enabling legislation.  Mr. Murley noted its annual public update and workshop process allowed members of the community several opportunities to propose amendments to the Plan, while tracking its progress.  Chair Bagué asked Mr. Bibeau to read the draft’s one proposed amendment into the record, “To support catalytic marine industrial redevelopment projects, including but not limited to the potential Merrill-Stevens expansion, Palmer Lake, Fisherman’s Wharf in Lummus Landing, the “Tug Boat Basin”, and the upper river area adjacent to and beneath the proposed Miami-Dade Transit and Miami Dade Expressway Authority fixed bridges.  Please see the attached color exhibit outlining these areas.”

Dr. Ernie Martin made a motion to approve the draft “3^rd Annual Update” of the Miami River Corridor Urban Infill Plan.  The motion was seconded by Ms. Megan Kelly, and unanimously adopted.

III. Discussion of Proposed City of Miami Comprehensive Plan Text Amendments to the “ Port of Miami River ” Sub-Element – Chair Bagué mentioned the recent Miami Herald editorial about this City proposal to amend their Comprehensive Plan’s “ Port of Miami River ” sub-element.  Mr. Murley stated Comprehensive Plan Text amendments require a review of the “best available data”, therefore as the MRC serves as an advisory body created by the FL Legislature, the UIWG collected data cited in the UIWG’s February minutes, which has been available upon request to the MRC members and public.  Mr. Murley stated since “Miami 21” is presently being conducted to rewrite the City’s zoning and land use codes, the UIWG recommended the MRC suggest the City defer consideration of these Comprehensive Plan Text amendments until completion of “Miami 21”, which should include the contract allowed “Urban Waterfront District” for the Miami River.  In the case the City chooses to hear the item, Mr. Murley and the UIWG recommended that the MRC concur with its December 6, 2004 unanimously approved recommendation.  While reviewing the City of Miami’s EAR, which references the potential to amend several of the currently proposed comprehensive plan text amendment sections, the MRC concurred with U.S. Coast Guard Capt. Watson’s written recommendation to delete the “Port of Miami River” sub-element’s inaccurate footnote, and any additional amendments to the “Port of Miami River” sub-element were found to be inconsistent with the Miami River Corridor Urban Infill Plan.

Mr. Murley asked if the MRC board had a chance to review the UIWG minutes and memorandum included in the February 2006 mail-out, highlighting a list of back-up materials pertaining to the item available upon request, and the board collectively replied yes.  The back-up materials include:

•  The MRC Chair’s draft February 1, 2006 letter to the Planning Advisory Board

• US Coast Guard Captain James Maes’ letter to City of Miami Director of Planning and Zoning Ms. Ana Gelabert, dated January 31, 2006

•   November 1, 2005 Memorandum from County Manager George Burgess
  to Miami-Dade County Mayor Carlos Alvarez, Chairman Joe Martinez and all members of the Board of County Commissioners highlighting tax relief / incentives for recreational and working waterfront properties

• House Bill 955, Working Waterfront Legislation

• Excerpts from the City of Miami ’s 1992 Miami River Master Plan

•  Executive Summary of the “Recent Growth, Current Activity, and Economic Impacts of Mega Yachts in South Florida (1997-2002)”, prepared by Thomas J. Murray & Associates, Inc.

•  Data for Strategic Intermodal System consideration, regarding tonnages shipped on Port of Miami River

•   Port of Miami River related excerpts from the Hazen & Sawyer 2005 “Biscayne Bay Economic Study”

Ms. Bagué asked Mr. Bibeau to read the related components from the City of Miami ’s “Miami River Master Plan”, which was adopted by the City Commission in 1992.  Mr. Bibeau replied the City’s adopted Miami River Master Plan’s Chapter 1 “The Working Waterfront” states, “Goal:  Preserve the working waterfront – Recommendations – Objective: 1.1 “Reserve the limited amount of waterfront land available for expansion of marine industries.  1.2 Support growth in the shipping industry on the Miami River in terms of increasing employment and value of cargo.  1.3 Preserve the marine repair, service, equipment and related industries along the Miami River that are vital to the shipping industry or the recreational boating industry.  1.4  Preserve the fishing industry along the Miami River ”.  Bibeau noted the City’s adopted Miami River Master Plan recommends marine industrial land use and zoning at numerous specific sites within the City of Miami , to the east of the 27^th Ave Bridge.

Mr. Murley noted the City’s application to amend the “Port of Miami River” sub-element from their Comprehensive Plan, so that it no longer pertains inside the City of Miami’s portion of the River, which is to the east of 27 Ave, was deferred at the February 1, 2006 City of Miami Planning Advisory Board Hearing.

Dr. Ernie Martin asked when “ Miami 21” would be completed, and Mr. Bockweg, City of Miami Manager’s Office, replied that the “ Miami 21-East Quadrant”, which includes

portions of the Lower River , would be presented before the City Commission for approval this summer.  The Middle River portions of “ Miami 21”, noted Bockweg, are expected to be presented to the City Commission in 2007.

Mr. Dana Nottingham asked if the MRC has had any discussions with the “ Miami 21” consultants, and Mr. Murley replied MRC staff continues to attend and participate in Miami 21 public workshops/forums.  Chair Bagué added that Mr. Otto Boudet-Murias, MRC designee for Mayor Manny Diaz, had stated at a MRC meeting 6 months ago that he would facilitate a formal “Miami 21” presentation and dialogue with the MRC, yet the meeting is yet to be scheduled.  Mr. Nottingham stated the DDA had productive interaction with the “ Miami 21” planning team, and Mr. Murley added the MRC had a productive meeting with the DDA and their master plan consultants.  Mr. Nottingham  recommended the MRC continue to reach out to the “ Miami 21” consultants.

Mr. Winston asked Mr. Murley to clarify how the City’s text amendments to its Comprehensive Plan would affect the river, and Mr. Murley replied that essentially, the “Port of Miami River” sub-element of the City’s Comprehensive Plan would be eliminated within the City of Miami boundaries, which is on the Miami River to the east of the 27 Ave Bridge.  Dr. Fran Bohnsack, MRMG, explained that marine industrial businesses along the river are afforded protection under the current comprehensive plan; therefore, the adoption of such text amendments would eliminate their currently provided protection.  Mr. Murley noted the City of Miami has utilized their existing ability to make small scale land use and zoning amendments on a case by case basis, without the proposed text amendments.  Chair Bagué added the adoption of the City’s Comprehensive Plan text amendments could negatively impact the ability to secure the federal cost share balance due for the maintenance dredging project, which is to improve navigation in the Port of Miami River by restoring the federal navigable channel.

Ms. Megan Kelly made a motion for the MRC to recommend the City of Miami defer the proposed amendments to the “ Port of Miami River ” sub-element to the Comprehensive Plan until the completion of Miami 21; the motion was seconded by Dr. Martin and unanimously adopted.  Mr. Steve Wright abstained.

Ms. Kelly made a motion that if the item is not deferred, the MRC should maintain its December 6, 2004 unanimously approved advisory recommendation - formed while reviewing the City of Miami’s EAR, concurring with U.S. Coast Guard Capt. Watson and Maes’ recommendations to delete the “Port of Miami River” sub-element’s inaccurate footnote, and any additional amendments to the “Port of Miami River” sub-element are inconsistent with the Miami River Corridor Urban Infill Plan; the motion was seconded by Dr. Martin and adopted 9-1.  Mr. Wright abstained from voting.

Mr. Winston made a motion that the MRC continue to actively participate in the Miami 21 public planning process and seek dialogue with the City of Miami representatives and consultants on “Miami 21”; the motion was seconded by Mr. Wright and unanimously adopted.

IV. Consideration of Draft “Miami River Greenway Historical Markers” Contract - On behalf of the MRC’s advertised Miami River Greenway Historical Markers Request for Proposals (RFP) Evaluation Committee - also composed of Mr. Kevin Brown, City of Miami, and Ms. Ashley Chase, Assistant Managing Director, Miami River Commission - Ms. Lavinia Freeman, Trust for Public Land, stated the Evaluation Committee met on March 2 to review submitted bids.  Ms. Freeman noted the Committee had received 1 responsive bid, Baron Sign Manufacturing, by February 27, 2006 , the deadline date for the RFP.  Ms. Freeman stated Ms. Chase has since obtained the satisfactory additional information and references, which were positive, therefore they recommend the MRC move forward with contracting Baron Signs Manufacturing to fabricate and install the Miami River Greenway Historical Markers.

Dr. Martin recommended the MRC authorize the provided draft contract with Baron Signs Manufacturing, and meet with the Villagers, Inc. to discuss the provisions of the contract, since their $25,000 grant awarded to the MRC will cover the majority of the draft contract’s price.  Mr. Bibeau noted Baron Sign Manufacturing would install 6 signs at a per-unit price of $4,266, for a grant total cost of $25,596. Mr. Bibeau noted the current Villagers grant was approved for $25,000, and therefore recommended the MRC supplement the remaining $596 balance in order to allow the fabrication and installation of 6 signs.  

Dr. Bohnsack asked if any of the historical markers would express the diversity of the Middle and Upper River , and Dr. Martin replied the markers would be placed in areas where greenways have already been constructed.  Dr. Martin stated the Greenways, subcommittee, in consultation with the representatives from the City of Miami , TPL and the Villagers, will select which 6 signs will be fabricated and installed from this “Phase I” project, from the list of 11 sites listed in the Greenways subcommittee’s provided February 2006 minutes.  Mr. Bibeau added that 3 of the 11 historical sites are marine-related.

Dr. Martin made a motion to approve the draft contract and have the MRC supplement the remaining $596; the motion was seconded by Vice-Chair Phil Everingham and adopted 9-1.

V. Renewal of Patton Boggs Intergovernmental Affairs Services - Mr. Bibeau noted the MRC’s Dredging Subcommittee’s February minutes reflect Co-Chair, Eric Buermann’s recommendation for the MRC to renew its federal intergovernmental affairs agreement with Patton, Boggs.  Mr. Bibeau stated there is sufficient funding in the MRC’s current budget to financially support the firm’s less than $3,000 a month fee.  Mr. Bibeau added that Patton, Bogg’s services would be retained only until the FY ’07 budget is adopted by September 30, 2006 .  Mr. Scott Mitchell, Co-Chair of the Dredging Subcommittee, expressed his contentment with Patton Boggs performance on behalf of commencing the long awaited Miami River maintenance dredging project.  Mr. Bibeau added Patton, Boggs played a significant role in advocating for the over $31 million Congress had appropriated thus far for the project, and would be working with the Senate, House and Army Corps on securing the $24 million federal cost share balance due to complete the project in FY ‘07.  Mr. Winston asked if the money allocated towards re-hiring Patton, Boggs could instead be utilized to hire a local intergovernmental affairs firm.  MRC staff agreed to look into the suggestion of retaining a local intergovernmental affairs representative.  Vice-Chair Everingham made a motion to approve the renewal of Patton, Boggs federal intergovernmental affairs services; the motion was seconded by Mr. Nottingham and was adopted 8-1.  Ms. Amy Gonzalez-Hernandez abstained from voting.  Dr. Bohnsack noted Patton, Boggs was instrumental in flipping the Miami River maintenance dredging cost share in 1999-2000, therefore she supports the renewal of Patton, Boggs effective support for the project.  Phil Everingham moved for the MRC to seek the services of a local intergovernmental affairs consultant: the motion was seconded by Dr. Martin and adopted unanimously with Ms. Amy Gonzalez-Hernandez abstaining.

VI. MRC Subcommittee Reports

a. Dredging Subcommittee

Mr. Scott Mitchell, Co-Chair of the Dredging Subcommittee, stated Mr. Bibeau traveled to Tallahassee on February 14 and 15, for a series of meetings in support of the County’s $18.4 million State appropriations request for the project, and to Washington DC on March 1-3 for meetings in support of the County’s $24 million federal appropriation request.  Chair Bagué asked Mr. Bibeau for a brief report of his meetings, and Mr. Bibeau stated that the Dade Delegation remains in strong support of the project.  Mr. Mitchell stated nobody predicted the significant federal cost share expenses from the Army Corps Operations and Maintenance budget, created by Hurricanes Wilma, Katrina and the war.  Captain Beau Payne stated he is concerned about the potential to recommence the 40% completed project.

Mr. Mitchell announced the MRC Dredging Subcommittee’s regularly scheduled publicly noticed meetings continue to be held at Robert King High on the third Wednesday of every month at 10 AM , therefore the next meeting is on March 15.

b. Urban Infill Working Group (UIWG)

Mr. Murley noted the UIWG is recommending the County & FDOT commence a planning process to create the MIC associated development guidelines referenced in the Miami River Corridor Urban Infill Plan. The next meeting is scheduled on Monday, March 20, 10 am , Robert King High

c. Greenways Subcommittee (GSC)

Dr. Martin noted that Greenway sections remain under construction.  Dr. Martin reported the City of Miami is yet to reply to Chair Bagué’s letters regarding the approved riverwalk’s public accessibility and cross sections.  The next publicly noticed Greenways subcommittee meeting is scheduled on March 8, 10 AM, at 1407 NW 7 ST, New Board Room.

d. Stormwater Subcommittee (SSC)

Mr. Bibeau noted the next Storm Water subcommittee’s regularly scheduled first Wednesday of the month publicly noticed meeting is April 5, 10 AM, in the Miami River Inn, 118 South River Drive.  The agenda includes a presentation from the Miami-Dade County Capital Improvements Department, regarding the possibility of using funding from the County’s approved General Obligation Bond issue for continued Miami River basin storm water and sanitary sewer system improvement projects.

e. Economic Development & Commerce (EDC)

Mr. Bibeau stated Commissioner Barreiro is sponsoring the MRC recommended new Miami Dade County Marine Industrial Zoning Ordinance, which was drafted by the Miami-Dade County Planning and Zoning Department.  The Board of County Commissioners (BCC) unanimously adopted the ordinance at first reading on February 21, the INLUC subcommittee will hear it on March 14, and the second and final reading is before the BCC on April 25.  The EDC’s next meeting is scheduled on March 20, 4 PM , at 1407 NW 7 ST, New Board Room.

f.  Miami River Safety / Security Committee

Dr. Fran Bohnsack read Captain Maes’ written report into the record, including the Port of Miami River successfully conducted its Security Training Exercise Program, known as Port STEP.  Dr. Bohnsack has been invited to serve on the Area Maritime Security Committee.  On behalf of U.S Coast Guard Captain James Maes, Dr. Bohnsack thanked the City of Miami Waterfront Board for the invitation to address the board on hurricane preparedness.  Dr. Bohnsack and Captain Maes are scheduled to make a presentation before the Board of County Commissioners on March 21, regarding Homeland Security on the Miami River .

VII. New Business – Chair Bagué congratulated Dr. Bohnsack, who will be recognized for her efforts as Port Director of the Miami River on International Woman’s Day.

Mr. Evan Skornick, SFWMD, noted they had submitted the Florida Inland Navigation District (FIND) grant application for the remaining $2.1 million of FIND’s $6 million to complete their cost-share of the Miami River maintenance dredging project.

Mr. Bibeau encouraged all Miami River stakeholders to continue expressing their strong support for the County’s $18.4 million State, and $24 million Federal appropriation requests for the Miami River maintenance dredging project.  Chair Bagué asked for everyone’s mutual efforts in support of the project to remain coordinated through the local project sponsors and MRC.

IV. Adjournment 

There being no further business to come before the meeting, the meeting adjourned.

_____________________________Recording Secretary

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