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MIAMI
RIVER COMMISSION GENERAL COMMITTEE MINUTES: Minutes of meeting |
MONDAY, |
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The
Miami River Commission meeting was called to order by Robert L. Parks,
Chairperson, at 12:00 noon on Monday, April 9, 2001, at the Downtown
Development Authority, First Union National Bank Building, Suite 1818,
200 South Biscayne Boulevard in Miami. |
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Miami River Commission Policy Committee members
and/or Designees
attending were:
Ex
Officio (non-voting) members:
MRC
Staff:
Others
attending interested in the River:
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I.
Approval of Minutes
& Chairman’s Report-
Mr. Parks stated that there is a quorum present and asked for
the approval of the minutes of the March meeting.
Jerry Fernandez moved the approval of the minutes, which was
seconded by Phil Everingham. There
being no objection, the minutes passed unanimously.
Mr. Parks stated that River Day went extraordinary well and the
staff, Brett and David, are commended for doing a tremendous amount of
work. Mr. Parks stated
that a lot has happened on the River since the last meeting.
Mr. Parks feels that everyone is happy with the stadium
selection site. The River
has moved to the level of public recognition that it should have had a
long time ago in this community.
Mr. Parks thanked everyone for their support and help.
II.
FPT Florida Land, LLC;
Zoning Amendment Request Mr. Parks introduce Mr. Stanley
Price, attorney representing FPT Florida LLC.
He is the zoning attorney for the FPT property located at 3700
N. W. North River Drive. He introduced Bud Morton, owner’s representative and Mr.
Sonny Holtzman, co-counsel on this matter.
The MRC is not required by Miami-Dade County to provide
recommendations on zoning issues, but this also does not preclude the
MRC from making zoning recommendations.
Please note that Commissioner Barreiro was not present during
these zoning discussions. Stanley
Price advised that FPT was approached by Miami-Dade County to act as a
receiving site for the dredged sediments taken from the River.
They are in the process of entering into a lease agreement with
Miami-Dade County at a below market rate for the property.
They were simultaneously going through a zoning process asking
to relieve a condition, which required them to have 75% of the
scrapped material created at their site transported on the River. FPT is asking that this zoning condition be removed as no
scrapped material is shipped via the river and no other company on the
river has such a condition for operation.
Mr. Price explained that the county has been very supportive of
the request and they would like a recommendation from the MRC
concerning this condition. Mr.
Parks asked if he could make a disclosure personally to the MRC so
that everyone understands his position.
When the Miami River Coordinating Committee (MRCC) began and
Mr. Parks was the Chair, Mr. Morton’s group came to the MRCC for
approval to have this scrap facility located on the river.
They came with extraordinary plans showing the way the facility
was going to be designed and the environmental care that they would
take. The MRCC was very
happy with that. The MRCC
did pass a Resolution concerning the use of barges to transport scrap
material, as it would then be a water-related facility.
The MRCC had no legally binding authority on anybody, but that
resolution was made part of the public record.
Subsequently, Mr. Parks was contacted by the company to
represent them in a lawsuit, which had been brought against them by
Miami Jai Alia. The
lawsuit had nothing to do with the resolution.
Mr. Parks represented them and when the lawsuit, in Mr.
Parks’ judgment, became politically motivated and the issue of the
barge transportation restriction became a factor, Mr. Parks felt that
it was in the best interest of the client that he no longer represent
them. It is up to the MRC
as to what it wants to do with this. Mr. Parks opened the floor for
discussion. Mr. Price
explained that when the County approved the re-zoning, creating a
condition of approval that required 75% of the scrap material be barged
down the River. This
condition was not placed on other businesses on the river and with the
restricted depth and width of the river made compliance with the
condition almost impossible. FPT
requests that the restriction or condition of approval be removed.
Jerry Fernandez made the motion to support the applicant and
the lifting of the restriction to transport 75% of the material by
barge. Mr. Everingham
seconded the motion. Discussion
continued. FPT has a
hearing scheduled later this month before the Community Zoning
Appeal’s Board. Bob
Coleman is the Zoning Processor for Miami-Dade County and previously
advised Mr. Miller that they did not have any problem with this.
A vote was taken and the motion passed unanimously. III. Greenways Presentation Mr.
Chuck Flink stated that they had spent the better part of the last three
and a half months collecting comments on the first draft of the Miami
River Greenway Plan. They
have completed the final report and it was distributed to the MRC in the
form of compact disks or the full printed report.
He wanted to give a brief demonstration on how one can use the
disk. It is a digital
version of the Report. One
can print it out from the CD. They
do have the baseball stadium site recommendations in the Report.
They took a hard look at the issue of Greenway operating and
management structure. They
think the lead organization is critical to the success of this plan and
this project. They had
originally featured the MRC as one possible option and they also have
another recommendation in the plan for a Riverfront Corporation.
Chuck recommends that the MRC assemble a small task force to
study this issue more carefully and come up with a recommendation as to
what the lead organization should be.
The other real strategic elements of the plan are its set of
action recommendations. They
have been looking at the opportunities for the Greenway development. Most of these are in the lower River section where there is
already a substantial amount of public land or energy levels that exist
for the Riverwalk development. They
have a series of projects that are in the Plan for immediate action.
The community has over $3.5 - 4 million dollars already available
to go ahead and begin development of Riverwalk activities and the
recommendations are very specific in the Plan.
There are many groups that have been involved and have reviewed
and endorsed the recommendations of this Plan to date.
The Plan will be forwarded to the City Commission and Miami-Dade
Commission for their review and approval as well.
They have been doing this for about 16 months and appreciate all
the support from the MRC. The
recommendations of the Plan are very specific in terms of what the roles
and responsibilities are, what the projects are, time frames for
completion and funding recommendations.
On May 10th it goes before the City Commission and the
County Commission soon after that.
Mr. Parks stated that unless there is some objection, he would
ask the Economic Development Committee to take on the task of reviewing
the Greenway governance question. It
is going to be important economically and financially as to how that
governance question is resolved. Mr.
Parks stated that the MRC subcommittee on Tax Increment Financing
District (TIF) will be looking at this from the standpoint of perhaps
recommending to the City and County what kind of a district would
provide the funds that would be necessary to operate and maintain the
Greenway. Mr. Parks requested that David and Dr. Martin get involved on
this and let the Economic Development Committee work on the structure.
Chuck Flink strongly recommended that the MRC take prompt action
and not lose any momentum.
There are a couple of communities that it might be worthwhile for
members of the MRC to visit and look at their Riverfront Corporation and
how they are working and how successful they have been in fund raising
and in their projects. Dr.
Martin stated that the Greenways Committee would welcome the opportunity
to work with all entities, but they have already completed research on
this issue as it relates to the TIF and the Community Redevelopment Area
(CRA), which the state mandates govern the structure for the expenditure
of those funds. There are
several models that are already fully developed that they need to
explore together.
Dr. Martin stated that they had previously gotten approval from
the MRC on the draft Greenways Plan and they would like a resolution
supporting the final plan from the MRC. Ernie Martin made the motion to adopt the final
Greenways Plan and Phil Everingham seconded the motion, which passed
unanimously. Mr. Parks
asked that Ernie and Jim McDonald work together and that someone get the
MRC a decision on the governance structure and TIF issue as soon as
possible. Mr. Flink thanked
the MRC and stated that they would like to work with David Miller and
Brett to submit this for a national award and to continue to give it the
full recognition that they feel it is due. IV
Discussion of “Operation
Riverwalk” Mr. Parks stated that in early
March the MRC received word that an operation called “Operation
Riverwalk” was created. No
one had contacted the MRC about it.
There had been a Statewide Grand Jury report this past December,
which basically condemned the River.
Mr. Parks has written, at the MRC’s request, the Special
Counsel for the Statewide Grand Jury and sent a copy to Mr. Jim
McDonough, the state’s Drug Czar, along with the Florida Department of
Law Enforcement. The letter was written to Ms. Bries, the Special Counsel.
The report criticized the River on three things.
They said there were derelict vessels and there needed to be some
program put in place to remove them.
Mr. Parks responded that they understand they are derelict
vessels, but need better funding vice a new program to resolve the
problem. The primary
complaint of the Statewide Grand Jury report was the fact that the River
is laced with crime and horrible environmental problems and is basically
a sewer, nothing is happening on it, nothing environmentally is being
done, nothing law enforcement wise is being done and so on.
Mr. Parks responded that he didn’t believe any of the above was
true. It certainly seemed
odd that nobody he has talked to who has any constituency on the River
whatsoever, none of this group was ever asked to submit anything to the
Statewide Grand Jury, nor did any of the MRC members testify.
Mr. Parks to this day does not know who it was that testified in
front of the Grand Jury. Mr.
Parks has responded with a letter indicating that the MRC is working
hard to improve the river. However,
it seems unusual that the MRC, which was created by the state to
coordinate all public policy on the River, was never asked to provide
testimony on the current conditions of the river community.
Mr. Parks would like the people involved in the shipping industry
to review “Operation Riverwalk”, which is a giant law enforcement
sweep of the River. Mr. Parks is upset that they are calling it “Operation
Riverwalk” which is causing confusion with what the MRC has been
trying to do to create a Riverwalk ,which will serve the public and be a
big positive factor for the river.
“Operation Riverwalk” is a giant narcotics interdiction
program that is causing serious problems with legitimate shipping
operations. Mr. Parks would
like some guidance from the MRC as to what action should be taken.
Sandy O’Neil, representative of Mayor Penelas, stated that she
was also angry over this. Sandy had requested the Drug Czar’s group to inform the MRC
of what was happening and that non-sensitive enforcement information
should be shared with the MRC.
Unfortunately, this never occurred until many weeks after the
operation started. Mr. Parks would like to discuss
what is happening that is having such a negative impact.
The MRC has taken as a central theme both legislatively and by
resolution that the Miami River is a “Working River”.
The MRC is very proud that the economic report shows just how
valuable the river shipping industry is to Florida.
The MRC needs to support the shipping industry and if there is a
problem with “Operation Riverwalk” we need to address those problems
in a constructive way. Mr. Parks feels that at a minimum the name should be changed
and he will write a letter to Jim McDonough, if that is what the MRC
wants him to do. Discussion
was held. It was suggested
that the MRC should meet with this group.
Zack Mann and Rich Kolbusz of U.S. Customs stated the operation
name came out of Tallahassee. Rich
was under the impression that the MRC was in the loop when this was
being put together. He stated “Operation Riverwalk” kicked off February 15,
2001and gave an overview of what he thought was occurring with
“Operation Riverwalk”. He
stated Customs was only involved with the drug interdiction efforts and
was under the impression that Mr. McDonough’s group was coordinating
the economic, environmental, regulatory and drug prevention efforts.
Mr. Parks asked if there was a way
to have representatives of the shipping community, people on the River
who have quality businesses and do quality work, to meet with senior
“Operation Riverwalk” officials and work out the problems.
The MRC believes that if someone had contacted the MRC and
advised the group that state enforcement officials are now going to get
involved in the River with respect to environmental issues, regulatory
enforcement, derelict vessels, economic development, etc., the MRC could
of provided information and guidance that would have prevented the
massive problems. The
problems were created by a large group of folks from Tallahassee coming
to the river for the first time and trying to reinvent the wheel.
The issue Mr. Parks would like to resolve is the shipping part.
Discussion was held. It
was brought out that river business is way down at very reputable
businesses such as Jones Boatyard and Merrill Stevens due to the over
zealous actions of enforcement officials that are driving (scaring)
business away from the river. Unfortunately, Tallahassee is making decisions without
including the MRC and without full knowledge of the unintended
consequences of their actions. The
MRC should be performing a better coordinating role.
Mr. Parks desires to get people together soon, to have these
problems solved now, so that it doesn’t happen again and again.
Mr. Zack Mann stated that they are in the process of
communicating with all the people on the River.
Ellen Roth, representing Senator
Graham, expressed that they were not involved in any of the meetings and
would like very much to be informed and receive continuous reports,
which they have not been receiving.
They would like to be kept in the loop.
Mr. Parks suggested that the MRC send to the three people they
have identified, a letter calling for an immediate meeting with
representatives of the shipping and marine businesses on the River. The letter will include a list of problems, with as much
specificity as possible, of the events that are driving legitimate
business away from the river and that these issues be addressed quickly.
The letter will also be sent to the Governor and all members of
the Miami-Dade Legislative Delegation and Senator Graham.
The motion was made by Janet McAliley to hold a meeting of MRC members
and shipping representatives with Jim McDonough, Tim Moore and Customs
as soon as possible. Phil
Everingham seconded the motion, which was passed unanimously.
IV Committee Reports GREENWAYS
- Mr. Parks stated that he and Brett went to meet with the City’s consultants for the stadium. At no time during that two-hour meeting with the consultants was there any discussion of shutting down any bridges on the River if the stadium went there. That was never discussed. What did come up was the 1.2 million-dollar grant for Riverwalk construction on the property where the proposed stadium would be built. That grant is going to be lost unless the MRC, in conjunction with the city’s senior management, takes immediate action to complete the grant proposal. DREDGING
WORKING GROUP - PUBLIC
SAFETY - STORMWATER
- David Miller reported that they
have a meeting on Thursday, which should be the wrap up meeting for the
report concerning the recommendations of the Stormwater Subcommittee.
They have had held several meetings concerning the content of the
report and hopefully it will be approved at the Thursday meeting. ECONOMIC
DEVELOPMENT/COMMERCE -
David Miller stated that they do not have the final economic report but
did complete a two page executive report and this was handed out to MRC
members and attendees. The
report will be mailed out to the participants who completed the survey
forms. The report clearly
provides a lot of information about the marine industry and its value to
the community. Mr. Parks
sent one to every member of the Legislature in Tallahassee so they know
what they are dealing with in terms of the River.
David Miller stated that the MRC web site - www.MiamiRiverCommission.org
is in operation and is an excellent forum for information on the
river and actions of the MRC. The
two page economic report is on the web site. V
New Business –
Mr. Parks asked David Miller to find out the status of the MRC
members’ appointments. Mr.
Miller stated that he has been working with Jerry Fernandez and Doug
Bruce on this issue. They
have recommended Dr. Pam Dana, Office of Tourism and Economic
Development, as the individual that would be the right person for the
MRC. In her position she
can keep the Governor and other members of his staff fully aware of
ongoing MRC actions on the river. Brett Bibeau stated he had two
items. The first is the
approval of the Commission to apply for the T-21 grant funding to be
used for Greenway development and construction. The grant is Federal Transportation funding and the Greenway
is an alternate form of transportation. The grant is for over a million
dollars. Phil Everingham
made the motion to apply for the T-21 grant, which was seconded by Jane
Caporelli and passed unanimously. Brett stated that another River
Day grant was approved, so the total of MRC obtained grants for River
Day was $16,700. Debbie Musgrove Zimmerman stated
that Congresswoman Ileana Ros-Lehtinen is planning this summer to do
another River cleanup. The
MRC will fully support this river cleanup. Commissioner Barreiro stated that
a lot of money had been obtained this year for stormwater improvements
and this should be a priority. Mr.
Parks asked if Alfredo could provide more information on this funding so
our stormwater committee can seek funds for the river basin
improvements. Mr. Parks thanked everyone for the work they are doing. |
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IV. Adjournment |
There being no further business to come before the meeting, the meeting adjourned at 2:00 p.m _______________________________Recording Secretary |
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