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

For more information, contact us via email at
miamiriver@bellsouth.net

MONDAY
May 7, 2007
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Mr. Philip Everingham, Vice Chair of the Miami River Commission (MRC), led the meeting which started at noon, Monday, May 7, 2007, Robert King High, New Board Room, 1407 NW 7 ST, Miami, Florida.

• Philip Everingham, Vice-Chair of the Miami River Commission

• Bruno Barreiro, Chair of the Miami-Dade Board of County Commissioners (arrived during Agenda Item II)

• Lubby Navarro, designee for County Commissioner Bruno Barreiro (arrived during Agenda Item II)

• Eric Buermann, designee for South Florida Water Management District

• Robert Villar, designee for the Honorable Miami-Dade Mayor Carlos Alvarez

• Robert Ruano, designee for City of Miami Mayor Manny Diaz , participated via speakerphone

• Steve Wright, designee for City of Miami Commissioner Joe Sanchez

• Gary Winston, designee for Miami-Dade ST Att. Katherine Fernandez-Rundle

• Megan Kelly, designee for Mr. Barry Johnson , GMCC

• Richard Dubin, President of the Miami River Marine Group

• Dana Nottingham, Downtown Development Authority

• Carmen Polanco, designee for Sara Babun

• Sallye Jude, Neighborhood Representative, Appointed by Miami-Dade County

• Dr. Ernie Martin , Neighborhood rep., appointed by Miami City Commission

• Debbie Musgrove Zimmerman, designee for Ex-Officio Congresswoman Ileana Ros-Lehtinen

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

Others attending interested in the River:  

• Robert Weinreb, City of Miami

• Jim Murley, Florida Atlantic University

• Dany Berthold-Moise, Miami-Dade County

• Evan Skornick, South Florida Water Management District

• Fran Bohnsack, Miami River Marine Group

• Jeffrey Hooper, AME Shipping

• Mark Bailey, Merrill-Stevens

• Dan Ricker, Watchdog Report

I. MRC Chairperson Report: 
Vice Chair Phil Everingham welcomed board members and attendees to the MRC’s May 7, 2007 meeting.  Vice Chair Everingham stated that Mr.  Mr. Robert Ruano , designee for Mayor Manny Diaz , has requested to participate in today’s meeting via speaker phone, since he is out of town. Vice Chair Everingham noted that prior to conducting the MRC election, he would provide his “Vice Chair Report.”

Vice Chair Everingham asked for a motion to approve the MRC’s April 2, 2007 meeting minutes.  Ms. Sallye Jude moved to approve the MRC’s April 2, 2007 meeting minutes. The motion was seconded by Mr. Gary Winston , and unanimously adopted.

Vice Chair Everingham introduced Ms. Dany Berthold-Moise, Miami-Dade County Outreach Supervisor, whom had requested to present an appreciation plaque to Mr. Brett Bibeau, MRC Managing Director, and the MRC, on behalf of Team Metro Melrose and the Department of Solid Waste Management for support of the 9^th Annual Pride Week celebration.  Ms. Berthold-Moise thanked the MRC for providing a free Miami River boat tour to Team Metro to help increase awareness along the Miami River, and noted that on Tuesday, April 24, 2007, nearly 100 volunteers participated in the Team Metro “Triangle Cleanup,” removing litter and debris between Northwest 39^th St & Northwest 26^th St., from South River Drive to NW 37^th Ave. On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Berthold-Moise for the plaque and for continuing to partner with the MRC to host volunteer environmental clean-up events along the Miami River .  

Vice Chair Everingham noted MRC staff had emailed and distributed copies of the “Statement of Financial Interests” or Financial Disclosure forms to all MRC members and designees, which must be submitted to the Commission on Ethics.

On behalf of the MRC, Vice Chair Everingham thanked the FL Legislature, because the River had a tremendously successful legislative session.  The Legislature appropriated the Miami River dredging project a $5 million loan towards the federal cost share balance due, understanding there is no guarantee for repayment.  In addition the legislature appropriated the $800,000 balance to complete their original pledged nearly $14 million cost share for the project, and $250,000 for the MRC’s continued programs and operations.  On behalf of the MRC, Vice Chair Everingham thanked the dredging funding sponsors Sen. Diaz de la Portilla and Rep. Rivera, in addition to the MRC funding sponsors Senator Villalobos and Representatives Luis Garcia, Julio Robaina, and J.C. Planas.

Vice Chair Everingham stated the MRC coordinated and sponsored three volunteer River beautification projects last month:  Saturday, April 21, 25 students planted 19 new trees at Robert King High, and 15 UM volunteers removed litter and weeds while spreading 50 bags of mulch in the on-road greenway along North River Drive between NW 3 ST and NW 6 Ave.  Then on Sunday April 22, 40 volunteers from the Greater Miami Jewish Federation painted, removed litter and weeds and spread 200 bags of mulch in the on-road greenway along South River Drive from Jose Marti Park to NW 2 ST.  Ms. Jude stated the subject areas look better.

Vice Chair Everingham stated Irela Bagué had successfully chaired the MRC since September 2004, and served as an MRC board member since being appointed as the designee for the South Florida Water Management District (SFWMD).  Vice Chair Everingham added Ms. Bagué was appointed to the SFWMD by former Governor Bush, and her positive term expired in March 2007.  Since 1998, the SFWMD has appointed their Miami-Dade Governing Board member to serve as their MRC designee, and consistent with that precedent on April 12, they named Governor Crist’s recently appointed SFWMD Miami-Dade Governing Board member, Eric Buermann , to serve as the SFWMD designee to the MRC.  The Governor’s “Member at Large” appointment to the MRC is now available.  On behalf of the MRC, Vice Chair Everingham thanked Irela Bagué for her  successful leadership of the MRC, which included commencing and completing 40% of the long awaited and widely supported Miami River maintenance dredging project, progress with greenways, urban development, creation of a Miami River Corridor Energy and Water Conservation Plan, etc. Vice Chair Everingham noted the MRC is coordinating an upcoming appreciation party on May 30 in her honor.

Vice Chair Everingham noted all MRC members received numerous notices regarding the first item on the agenda, election of the new chair.  Vice Chair Everingham explained that MRC members or designees are eligible to nominate another MRC member or designee to Chair the MRC.  If there is more than one nomination, an “open vote” election will be held, and simple majority will become the new MRC Chair, as outlined in the procedures of the Sunshine Law.  At this time, Vice Chair Everingham entertained nominations for MRC Chair.

Mr. Richard Dubin moved to nominate Mr. Eric Buermann , and the motion was seconded by Dr. Ernie Martin .  Mr. Robert Ruano moved to nominate Vice Chair Phil Everingham , and the motion was seconded by Mr. Gary Winston .  Vice Chair Everingham thanked Mr. Ruano for the nomination, yet noted he was openly endorsing Mr. Eric Buermann . Mr. Bibeau asked those who were voting for Mr. Eric Buermann to kindly raise their hand, so that MRC staff could tally the votes. Midway through the tallying process, Mr. Ruano asked how many board members were voting today, and of those, how many had raised their hand in support of Mr. Buermann. Mr. Bibeau replied 12 board members were voting and 9 raised their hand in support of Mr. Buermann. Mr. Ruano requested to withdraw his nomination, and suggested unanimously appointing Mr. Eric Buermann as the new chair of the Miami River Commission. The MRC agreed and congratulated Mr. Buermann.

Mr. Buermann thanked all MRC board members for their support, and praised former Chair Irela Bagué for her outstanding leadership.  Mr. Buermann stated completion of the Miami River Maintenance Dredging project remains a major priority, yet would request the assistance of his fellow board members and MRC staff to keep him on track regarding other river-related issues.  Mr. Buermann noted MRC staff, Congresswoman Ileana Ros-Lehtinen and the entire Delegation have been wonderful to work with, and he looked forward to strengthening all partnerships on local and state levels in an effort to obtain the remaining federal cost-share balance needed to complete the dredging project.

II. MRC Subcommittee Reports

a. Dredging Subcommittee (DSC) – As reported by Mr. Everingham, Mr. Buermann noted the MRC’s DSC is extremely grateful for the Legislature’s recent $5.8 million in appropriations to continue the Miami River maintenance dredging project.  Utilizing the ST’s appropriated $5 million loan towards the federal cost share balance due requires execution of a “Contributed Funding Agreement” by the Board of County Commissioners and ACOE Jacksonville District.  The draft agreement has been under review by the County’s Law Department for the past month.

Mr. Buermann stated the County’s previously approved “Local Advanced Funding” of the previously appropriated local cost share for the project has moved forward in the ACOE’S approval process, being transmitted from their Jacksonville District, to the South Atlantic Division, and up to ACOE Headquarters in DC for approval.  The Dade Delegation is encouraging the ACOE to expedite execution of the agreement, which would provide sufficient funding to award AS 9, which would be completed as the next round of Federal funding becomes available in FY ’08, which commences on October 1, 2007 . 

With the state’s recent additional appropriations, Mr. Buermann noted the project has $31.18 million available for dredging, which is sufficient to make significant progress and dredge several acceptance sections, leaving only a $16.5 million federal cost share balance due to complete the project.  Mr. Buermann reported the President’s FY ’08 budget submittal includes $4.5 million for the project.  Historically Congress has been able to provide the President’s budgeted amount, plus an additional $3.5 million “Congressional Ad”, therefore a best case scenario FY ’08 appropriation would be $8 million.  FY ’08 starts October 1, 2007 , and we are recommending all project stakeholders write the Energy and Water Committee Chairs and Ranking Members in support of obtaining the federal cost share balance due.  If this best case FY ’08 federal appropriation of $8 million is secured, their would be sufficient funding to dredge through Acceptance Section 12 of 15, before the available funds would be expended, and the remaining federal cost share balance would be reduced to a mere $8.5 million. 

Mr. Buermann stated he had recently met with representatives from Weston, the ACOE contracted dredgers, whom indicated that although their contract expires half a year into federal FY ’09, the contract states the ACOE can’t award any additional acceptance sections after the last day of FY ’08, September 30, 2008 .  Mr. Buermann noted he is in the process of confirming this information with the ACOE, and if it is indeed the case, FY ’08 would be the last opportunity to obtain the $16.5 million federal cost share balance due to complete the project before the current contract expires.

Mr. Buermann reported the dredgers are seeking the County and MRC’s support for their desire to delay recommence dredging an additional 8 months, and extend the contract an estimated one year, in order to capture any additional potential federal funding in FY ’09.  The first $2 million FIND grant awarded for the project in FY ’05 has already received its first and typically only allowable one year extension, and therefore must be expended no

later than August 2007.  On behalf on the DSC, Mr. Buermann recommended that the MRC not advocate for the dredgers plan to further delay remobilization, and extending the end of the contract, which may also result in an increased cost per cubic yard removed.  Mr. Buermann stated the MRC should support the ACOE’s intention to remobilize their contractors and utilize the millions in available funding to continue dredging.  Mr. Buermann noted a 80% complete project is easier to finish than a 40% complete project, and noted the projects benefits will be only be realized upon completion of dredging to the River’s mouth.

Ms. Sallye Jude asked if the DSC had identified any grant opportunities to fund the project, and Mr. Bibeau replied the MRC had identified several federal economic development-based grants, which he had forwarded to the County.  If awarded, the federal grants may provide up to $4 million for the project.  Mr. Bibeau noted Mr. Ray Baker, whom had served as the liaison between the DSC and Miami Dade County ’s Department of Environmental Resource Management (DERM), had accepted a new position as Assistant County Manager county position. Therefore Mr. Bibeau would remind Mr. Baker’s replacement of the previously identified and forwarded grant opportunities.

Mr. Buermann commended Mr. Bibeau for his continued excellent work on behalf of the project and MRC.  Mr. Bibeau provided copies of an updated estimated dredging funding summary.  Mr. Buermann announced the Dredging subcommittee’s next regularly scheduled third Wednesday of the month publicly noticed meeting will be held on May 16, 10 am, at the Espirito Santo Plaza , 5^th Floor, 1395 Brickell Avenue .

Mr. Ruano stated he would like to make a statement before ending his telephone conference into the meeting.  Mr. Ruano stated the City of Miami purchased 6 of 8 acres at the former Police Benevolent Association property on the north shore of the south fork as a new park space.  Mr. Ruano added the City will expand Fern Isle Park on the opposite south shore of the south fork, and connect it with the new park expansion with a pedestrian bridge and greenways.  The MRC thanked Mr. Ruano and the City of Miami .

b. Urban Infill Working Group (UIWG) – Per the MRC’s direction, Mr. Jim Murley noted an advertisement was purchased in the Miami Herald to further extend the public notice for the April Miami River Corridor Multi-Modal Transportation Plan’s public workshop. The minutes of the well attended workshop, which included representatives from adjacent business and property owners, have been made available.  In order for the consultants to have sufficient time to incorporate the additional public input received during the workshop into the draft, Mr. Murley stated the UIWG had deferred the MRC’s adoption of the final revised plan to the regularly scheduled meeting on June 4.  Mr. Murley stated the draft is an excellent plan. 

Mr. Murley stated the UIWG is working with Miami-Dade County’s Interim Planning Director, Mr. Basu, and the Florida Department of Transportation (FDOT), on creating an “Upper River Plan”, which would be followed by the County’s adoption of design specifications and guidelines to steer appropriate development in the identified “MIC associated development” area.

Mr. Murley added the UIWG is scheduling a presentation for the revised proposal for the area including the historically designated East Coast Fisheries, on North River Drive between Flagler and 1^st ST Bridges.  The MRC found the previous proposal for the “River House Lofts” development to be consistent with the Miami River Corridor Urban Infill Plan, yet that plan for a residential development has been replaced with a new plan, which includes a dry-stack marina facility.  Mr. Murley announced the next UIWG meeting will be held May 8, 10 AM, 1407 NW 7 ST, Robert King High New Board Room.

C.  Greenways Subcommittee – Dr. Ernie Martin distributed invitations to the Spring Garden Point Park Dedication Phase I celebration, May 11, 2007. Dr. Martin provided a brief history of Point Park ’s creation:

• 1999: The Spring Garden Civic Association (SGCA) and The Trust for Public Land (TPL) purchased the vacant site with funding from the Florida State Communities Trust and Miami-Dade County bond funds, and it was presented to the City of Miami . The City accepted the land, conditioned on a Management Agreement (up to 7 years) that the SGCA would maintain the park and raise funds for its completion
• SGCA, through neighborhood volunteers, maintained the park and obtained more funding from Miami-Dade County to construct the 1^st phase of the park, celebrated with a ribbon cutting ceremony on May 11; Ms. Amy Kimball-Murley developed the master plan for the park
• Miami-Dade County, with assistance from a Florida Inland Navigational District  (FIND) grant, completed Phase I; improvements included: stabilization of the unconsolidated shoreline along the Miami River, removal of exotic vegetation, restoration of native upland vegetation, creation of an interpretive nature trial and picnic sites
• Phase I of Point Park was completed by the SGCA in November 2006 and transferred to the City of Miami Parks & Recreation Department
• The Miami River Commission, using a Villagers grant, installed a bi-lingual historic marker in Point Park , regarding the historic use of the site as “Alligator Joe’s”
• Phase II will be the restoration or reconstruction of the adjacent historic Seybold House, which was purchased by the City of Miami

Dr. Martin stated he and MRC staff were scheduling a meeting with City Manager Pete Hernandez, regarding means to provide the Miami River Greenway’s future maintenance, security, and special events.  Dr. Martin stated amongst the options are designating the Greenway as a linear park with re-occurring revenue such as a Trust, for example the Bayfront Park Management Trust and the Virginia Key Beach Park Trust.  Mr. Weinreb, City of Miami , stated he had previously discussed this concept with Manager Hernandez whom was open to the idea and looking forward to the continued dialogue.  Dr. Martin added the meeting will be an opportunity to re-present the MRC’s advisory recommendation regarding the draft Miami 21 – Eastern Quadrant, to require a publicly accessible riverwalk consistent with the Miami River Greenway Action Plan, within a 50 foot building setback, riverwide.  Mr. Nottingham, DDA, stated the DDA is working with on Miami 21, and would like to incorporate this into their recommendations as well.

The next regularly scheduled second Wednesday of the month Greenways subcommittee’s publicly noticed meeting will take place May 9, 2 PM, 1407 NW 7 ST, Robert King High New Board Room.

D. Storm water Subcommittee – Ms. Sallye Jude noted the City of Miami administration postponed the City Commission’s consideration of a contract for Wagner Creek and Seybold Canal until June 2007, and removed the dredging component, leaving the design, engineering, permitting and public outreach portions of the project.

Ms. Jude thanked the City of Miami for executing the $75,000 contract with the MRC.

Ms. Jude stated the Wagner Creek Total Maximum Daily Load (TMDL) remains a draft awaiting execution by the Florida Department of Environmental Protection.

Ms. Jude stated the Stormwater Subcommittee’s next regularly scheduled first Wednesday of the month meeting will be held Wednesday, June 6, 10 am, Miami River Inn, 118 S. River Drive.

E.  Economic Development & Commerce (EDC) Subcommittee – On behalf of the MRC, EDC Co-Chair Bruno Barreiro thanked the Empowerment Trust which awarded a $17,130 grant in April to contract two FAU Professors to conduct a “Miami River Marine Industrial Economic Analysis”, as authorized by the MRC Executive Board.  The EDC is seeking the additional $5,040 for the additional 3 peer’s to review the analysis upon its completion.

Chairman Barreiro stated after the State of Florida completes its review of the Manatee status, Miami-Dade County will consider creating a committee to review their Manatee Protection Plan.  Mr. Dubin noted a transfer of permit rights for boat slips from one parcel to another parcel was recently approved in Aventura and there is a policy to allow similar transfers of boat slips using covenants on parcels located on the Miami River .  Mr. Dubin added the Miami-Dade Manatee Protection Plan allows pictures taken since 1984 as evidence regarding the number of slips a property should be permitted.  Mr. Weinreb, stated several investors have approached the City of Miami because they want to create dry-stack marina businesses on the Miami River , yet are having difficulty obtaining the necessary permits.  Mr. Weinreb stated although dry-stack marinas clearly have less impact than wet slip marinas, the Manatee Protection Plan regulations are the same for wet and dry slips, therefore the City recommends the County amend their plan to have different regulations for wet and dry marina slips.      

Mr. Mark Bailey, Merrill-Stevens Yachts, stated their expansion negations with Miami-Dade County are continuing, and the agreement is expected to be considered by the Board of County Commissioners in July. 

The EDC’s next meeting will be held on Friday, May 18, 3 PM, 1407 NW 7 ST, and the agenda includes a discussion of recent permitting experience relative to DERM’s recently established means to transfer boat slips from one location to another along the Miami River.  

F.  Public Safety – Co-Chair Gary Winston stated the local police departments are focused on the changing river, featuring a significant increase in residential, and are therefore considering re-visiting deployments.  Mr. Winston noted there is an environmental division of the Miami-Dade Police Department, which is assisting in the enforcement of water restrictions.  Mr. Winston deferred to Dr. Bohnsack, MRMG.  Dr. Bohnsack stated the United States Coast Guard (USCG), Miami-Dade County and local marine industry ran a trial advisory process for a hurricane.  The first round of notifications took only 19 minutes.  Dr. Bohnsack stated the next Miami River Homeland Security meeting will be held Tuesday, May 8, 2 pm , USCG Gator’s Den, and the item includes discussion of the new partners in the riverwide camera system, Data Storage Etc.  Mr. Dubin added the data is collected using infrared sensors installed on the heavy and strong camera locations, and record currents, winds, temperatures, etc.  

III. New Business – Mr. Winston stated a Grand Jury report was instrumental and partially lead to the creation of the MRC.  Mr. Winston stated there is a new Governor, new MRC chair, and new chair of the Board of County Commissioners.  Mr. Winston stated the MRC should build on its successes, and suggested hosting a public meeting to attract potential new MRC members and participants.  Ms. Jude suggested creating a Miami Riverday Committee.  MRC Chair Buermann noted the MRC currently has three vacancies, the Governor’s designee, Member at Large, and an Environmental / Civic Organization appointment.  MRC Chair Buermann stated he wanted a balance of old and new perspectives, and noted the importance of long standing members and staff with institutional knowledge of river issues.  Chairman Barreiro suggested names of individuals whom would like the Governor to consider them for his MRC appointments, should be submitted to MRC staff within the next 30 days, and then the names would be transmitted to the Governor for his consideration.  Mr. Winston suggested having a separate publicly noticed meeting for the sole purpose of MRC members discussing potential new MRC members, and MRC Chair Buermann recommended bringing individuals to the publicly noticed MRC subcommittee meeting of their interest.  MRC Chair Buermann noted anyone may download the Governor’s required applicant informational form on line, complete and submit it to the Governor’s Office of Appointments in order to be considered for the Governor’s available MRC appointments, adding applicants will be considered regardless of party affiliation.

Chairman Barreiro stated the MRC should ask the Governor not to veto the Legislature’s recently approved $5.8 million to dredge the Miami River , and $250,000 for the MRC’s continued programs and operations.  MRC Chair Buermann stated he didn’t feel the Governor would veto the River’s important line items.      

IV. Adjournment 

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

_____________________________Recording Secretary

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