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MIAMI RIVER COMMISSION 
c/o Rosenstiel School
4600 Rickenbacker Cswy
,
Miami, Fl. 33149
305-361-4850
Fax: 305-361-4755
  e-mail: mrc@rsmas.miami.edu

 

  MIAMI RIVER COMMISSION
    GENERAL COMMITTEE MINUTES:
  Minutes of meeting

MONDAY,
JUNE 4, 2001
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Robert Parks, Chairperson, called the Miami River Commission meeting to order at 12:00 noon on Monday, June 4, 2001, at the Downtown Development Authority, First Union National Bank Building, Suite 1818, 200 South Biscayne Boulevard in Miami.

Miami River Commission Policy Committee members and/or Designees attending were:
  • Robert L. Parks, Chairperson, Member at Large, appointed by the Governor

  • Phil Everingham, Marine Council, Vice Chairperson

  • Sandy O'Neil, Mayor of Miami-Dade, Designee

  • Ernest Martin, Neighborhood Representative, appointed by City of Miami Comm.

  • Janet McAliley, Representative from Environmental or Civic Organization, appointed by the Governor

  • Sara Babun, Member at Large, appointed by Miami-Dade Commission

  • Tom Parker, Member at Large, appointed by Miami-Dade Commission, Designee

  • Gary Winston, Miami-Dade State Attorney, Designee    

  • Richard Bunnell, Miami River Marine Group, Designee

  • Jim Murley, Governor State of Florida, Designee

  • Megan Kelly, President, Greater Miami Chamber of Commerce, Designee

  • Cleve Jones, Jr., Member at Large, appointed by City of Miami Commission

  • Alonso Menendez, Executive Director DDA, Designee

  • Eileen Damaso, City of Miami Commissioner, Designee

Ex Officio (non-voting) members:

  • Debbie Zimmerman, Congresswoman Ileana Ros-Lehtinen’s Office

  • CDR Nancy Goodridge, U. S. Coast Guard

  • LtJG Heath Hartley, U. S. Coast Guard

MRC Staff:

  • David Miller, Managing Director

  • Brett Bibeau, Assistant Managing Director

Others attending interested in the River:

  • Carlos Espinosa, DERM

  • Susan Markley, DERM

  • Fran Bohnsack, MRMG

  • Zach Mann, U.S. Customs

  • Heidi Barer, Brickell Gallery

  • Jay Sugarman, J. Sugarman Auction Corp.

  • Cliff Kunde, Atlantic Gamefish Foundation, Inc.

  • Mark Sell, Mark Sell Communications

  • Brian Flynn, DERM, Artificial Reef Program

  • Clark Turner, City of Miami Planning

  • Steve Lefton, Kimley-Horn & Associates

  • Edgar G. Fernandez, County Manager’s Office

  • Duff Matson, Save Old Stiltsville Committee

I.            Approval of Minutes & Chairman’s Report-  

Mr. Parks welcomed everyone.  Mr. Parks asked that everyone review the minutes of the last meeting that were just provided today.  If the minutes are not approved at the end of this meeting, then they will be brought up for approval at the July meeting.

Mr. Parks recognized the newest member of the MRC Committee, Megan Kelly, who is the Greater Miami Chamber of Commerce Representative.  She will be taking over Jim McDonald’s position and will also be Co-Chair of the Economic Development Working Group.

II.         Miami River Corridor Urban Infill Plan Update -

  Jim Murley first explained the history of the plan.   Mr. Murley explained that they received a total of $155,000 from the State Grant, County Grant, Empowerment Trust Grant, EPA Grant and $10,000 from the Miami River Commission.  There are sufficient funds to produce the work product.  The end product will meet the statutory requirements and be the strategic plan for the River. The County and City Commissions authorized a joint planning agreement between the City and the County designating the Miami River Corridor for an Urban Infill Redevelopment Area.  The planning agreement forms the rest of the legal basis for what the group is doing.  The goal of the group was always to hire a consultant to conduct the bulk of the work as the city, county, and MRC staff could not spare the hundreds of hours necessary to complete the plan.  Jim introduced Clark Turner, City of Miami, to describe the method used to select a planning consultant.

Clark Turner explained that the City, from time to time, needs to engage the services of professional engineers, landscape architects, etc. to perform various tasks.  These are usually projects that require fast action and are straightforward kinds of contracting. The City Commission has gone through a competitive selection procedure in advance of the need for the services and receives proposals from firms that wish to be listed for the work.  The firms go through a competitive selection procedure that is in compliance with state statues and then the city lists these firms that have been selected and the amount of work that can be done up to a dollar ceiling for a given period of time. For the city to engage one of these firms, it is only necessary to write a work order.  The competitive selective procedure has already been performed.  What they did was to create an instrument that would extend the results of that competitive selection procedure to the MRC.  The MRC would be free to select the firm to perform the urban infill planning work without going through a whole new selection procedure simply by utilizing the procedure already done and approved by the City.  They drafted a Resolution for the MRC to use, if it desires, to accomplish that end.  It would mean that the MRC could then contract with a firm selected from this city list without having to go through a competitive selection procedure. 

 
Mr. Murley stated that they have several action items.  They would like permission from the MRC to authorize the Chair to sign such a Resolution.  The second item would be to approve the “scope of work” that the working group has reviewed and recommended to the MRC and that will allow the group to move forward with contracting a consultant on the City’s approved list.  The City will transfer their $50,000 state grant to the MRC.  It is only the City and County that can implement the final plan.  Discussion took place.  Mr. Parks stated the MRC needs to take the position whether to enter into a contract and that is what the Resolution says.  Jim Murley made the motion to approve the draft Resolution together with the attachment provided by Mr. Turner for the MRC to utilize the City of Miami’s consultant selection process and allow the Chair or Managing Director to sign contracts for hiring consultants for the Urban Infill Plan.  Ernie Martin seconded the motion, which passed unanimously. 

Mr. Murley reported on the draft “scope of services”, which is the proposal recommended by the Urban Infill Working Group.  Mr. Parks would like all other working groups to review the scope of services and provide comments back in writing to Jim’s group before June 13.  Mr. Parks stated that the Urban Infill program is being done pursuant to a new Florida Statute.  Discussions were held by Jim Murley to accept the recommended consultant Kimley-Horn’s scope of services.  Janet McAliley commented that there is no reference to environmental issues such as water quality in the scope of services.  Jim Murley stated that the scope of services tracks the state statute which does not address environmental issues; however, he agreed that river environmental issues should be part of  the scope of services and this will be included and addressed during the planning process.  Comments received from working groups will be added and approved by June 13th. Steve Lefton with Kimley-Horn & Associates stated that they had no intention of sub-contracting any work.  Mr. Parks asked if the MRC would allow the Executive Committee to make the final decision on the scope of services, rather than waiting until the next MRC meeting in July.  The Executive Committee meets on June 13.  A motion was made by Sandy O’Neil in regard to the Executive Committee’s approval, seconded by Phil Everingham and approved unanimously. 

III.        Tax Increment Financing (TIF) Investigation Working Group Report

            Dr. Martin stated that they are trying to find out what the particular costs are to improve the storm water system in the river area.  Mr. Parks asked if this report could be deferred until the working group has this additional information.  It was discussed whether the MRC would want any portion of a TIF to go toward financing the baseball stadium.  Currently, the MRC has taken a position not to get involved with stadium financing issues and Mr. Parks does not want to get the MRC involved with financing at this time.  If necessary, Mr. Parks will call an emergency meeting of the MRC, if our input is needed and stadium financing becomes a hot issue.  Mayor Carollo has a plan on the table now and everyone is looking at it.  The MRC has made a commitment to the Marlins and the City and County publicly and by letter that the MRC is very much for the stadium being on the River and the MRC will work with them to get it there

IV.       Making Customs Seized Vessels into Artificial Reefs; Procedure Presentation -

Zach Mann, a Special Agent with U.S. Customs and Director of Public Affairs for the Southeast, gave a brief rundown on the process of seized ships and possibility of those ships becoming artificial reefs.  The ships are normally seized after Customs has found drugs on board or discovered the ship is outfitted for smuggling.  There are 10 ships currently seized on the Miami River.  Once a vessel is seized, it is put with a contracted custodian that maintains the vessel at a local dock.  A notice of seizure is sent out to everyone who is believed to have an interest or ownership in that vessel.  They have a time frame in which to respond to U.S. Customs service and state their claim.  The process then begins in evaluating their claim, if there is one.  If not, the forfeiture procedure begins.  Once forfeiture is complete, the vessel can then be sold at auction or turned over to another government entity for their use as appropriate.  Currently, there are three ships that Customs has been working with that have been turned over to Miami-Dade County to use in the artificial reef program.  Customs is trying a new program, where they turn over the forfeited vessel to the County and the County enters into an agreement with an entity that can salvage and prepare the vessel for the artificial reef program.  This new procedure will be very positive for the community and the River.  Customs hopes to expedite this process and reduce costs to the taxpayer.

Mr. Mann stated many of these ships that are seized and forfeited have little salvage value and Customs would like to find some way to come with funds to offset some of these costs.  Mr. Miller stated that there are fewer and fewer vessels of low value on the River, as the Coast Guard is thoroughly inspecting these vessels and the standards are continually being raised.  Mr. Miller suggested that the MRC could and probably should become involved with helping Customs and the county to place these seized vessels in the artificial reef program.  David applauded Customs and their new policy decision to place these vessels in the reef program instead of selling at auction.  History has shown that these vessels when sold at auction eventually return to the drug trade and many vessels have been seized more than once, just with a new name.  Mr. Parks asked that this be placed on the next Executive Committee agenda.  Discussion took place.

V.        Miami River Marine Group Art Auction Proposal -

Fran Bohnsack handed out a written proposal (attached) and then explained the proposal for the art auction project.  She introduced Heidi Barer of Brickell Gallery and Jay Sugarman, of J. Sugarman Auction Corp. The “Host Team” consists of the MRMG, Brickell Gallery and J. Sugarman.  They have put together a charitable project that they believe is beneficial to everyone.  They have a goal of $100,000 for this event in terms of profit.  The money that is accrued at the end of the auction will be utilized as follows: 50% goes to the MRC and the other 50% is to be divided equally between the “Host Team”.  Mr. Sugarman (the auctioneer) is providing the critical database for the high-end art buyers.  The MRC would be the “charitable organization” under the Miami River Fund, Inc. 501 (c) (3) designation.  The artwork is either donated outright or under consignment and the buyer may be able to declare an income tax deduction, depending on the donated status and the fair market value of the artwork.   Fran also explained the buyer’s premium.  The “Host Team” is planning an elegant dinner or reception.  The MRC is at no time responsible for any expenses incurred.  The host team is looking to get approximately $50,000 donated to fund the dinner or reception for the actual art auction. Utilizing the Miami River Fund Inc., charitable designation, the sponsor’s donations may be tax deductible.  The MRC’s obligation as recipient of the sponsorship funds is to be the fiscal agent and write all checks necessary to pay for the dinner or reception.  Ms. Bohnsack wants to make sure that a plaque or statue is placed on the greenway that recognizes the “Working River” and also educates the public about the importance of the “Working River” to the economy of Florida.  Mr. Sugarman explained the art auction project further.   They are hoping this can be held the middle of November.    Discussion took place.  Specifically, Gary Winston wanted to know if the MRC could legally do this type of auction.  Bob Parks stated there was no question we could do it under the statute and that the statute that created the MRC did not prohibit us at all from doing this.  Bob was concerned whether this endeavor would endanger our designation as a 501 (c) (3) organization and did not want the IRS to have problems with this.  Gary Winston was concerned whether the creating statute “authorized” the MRC to do something like this and also wondered whether our 501 (c) (3) organization, the Miami River Fund, Inc. was able to legally conduct the proposed art auction.  Tom Parker stated he did not know the answer to these questions, but would be happy to conduct the legal research necessary to answer these questions.   Ernie Martin made the motion to approve the MRC’s participation with the Art Auction subject to legal analysis.  Sandy O’Neil seconded the motion. The motion passed unanimously. The Economic Development Committee will act as liaison with the “Host Team” and Tom Parker will report his legal research at the next executive committee meeting.

VI.       Committee Reports -   

Dredging Working Group - Dick Bunnell stated that the Corps is working full speed ahead.  The County Commission approved proceeding with the project at their meeting on May 22nd.  The County Commission approved all of the dredging related resolutions that were before them.  The Corps will come back before the Commission after they have put a bid package together, solicited those bids and evaluated the bids.  They will come back to the County by May of next year or earlier with a contractor and a dredging proposal that has been evaluated and approved by the County Commission. 

 Mr. Miller brought up Jerry Fernandez’ concerns about doing a better job at public outreach.  Discussion was held.  Mr. Parks asked that this be placed on the Executive Committee agenda for further discussion.  

VII.   New Business -

Debbie Zimmerman, representing Congresswoman Ileana Ros-Lehtinen, advised that there is now an English and Spanish version of the flyer for the 2nd Annual Miami River Cleanup.  Everyone was invited to participate on June 23, 2001.   Congresswoman Ros-Lehtinen and river cleanup supporters are going to do it again, just like they did last year.  The cleanup will bring more attention to the river.  Mr. Parks thanked Debbie and Congresswoman Ros-Lehtinen for her continued interest and support of the river.

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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