I.            Approval of Minutes & Chairman’s Report-  

Mr. Everingham asked for approval of the May and June minutes.  Mr. Everingham recognized Janet McAliley who stated that she had typographical corrections to the June minutes.  She also stated that the Miami River Corridor Urban Infill Plan proposed “scope of services” was discussed and since environmental conditions were added, she requested that the minutes reflect the environmental discussion.  Mr. Everingham stated that is duly noted and the minutes will be corrected to reflect the change.  

Mr. Miller stated that Gary Winston submitted a letter dated July 2^nd requesting additional detail in the minutes about the art auction discussion.  The art auction motion passed unanimously with the proviso that it first be determined to be an act within the authority of the MRC’s enabling statute and not jeopardize the MRC’s 501(c)(3) designation.  The responsibility to research and answer these concerns was assigned to Tom Parker who volunteered to help in this matter.  David stated he would add the art auction detailed discussion to the June minutes per Mr. Winston’s request.

Janet McAliley stated that the art auction proposal was attached to the minutes.  Ms. McAliley stated that she had a number of questions about the proposal and Mr. Everingham stated he would bring this up under Old Business.

 Mr. Everingham asked for approval of the June minutes with the above amendments.  Sallye Jude moved for the approval of the June minutes with the corrections and additions.  Sandy O’Neil seconded the motion and it passed unanimously.

 Sandy O’Neil moved to approve the May minutes.  Dick Bunnell seconded the motion and it passed unanimously. 

II.            Miami Coalition for a Safe & Drug Free Community –

David Miller introduced Marilyn Culp with the Miami Coalition.  She is the chairperson of the drug prevention section of the Governor’s Operation River Walk.  She is attending the MRC meeting to provide information about drug prevention and to request assistance from the MRC in preventing the use of drugs and to explain the different programs that are available to the public with focus on the Miami River corridor.

 Mrs. Culp gave a brief history of the Miami Coalition.  She stated they just completed their biennual school survey to find out the children’s perception about drugs.  South Florida and specifically Miami-Dade County has the lowest usage of drugs compared with any major city the United States and lower than most rural areas in the U.S.  Mrs. Culp mentioned the Non-Group was founded in 1988.  It is now called The Forum, and is composed of CEO’s, Chairman of the Boards of major corporations and many others.  They are trying to find out how they can help the public sector work hand-in-hand with the private sector.

In 1988, Tad Foote then the President of the University of Miami and now the Chancellor raised the issue to find out if they could help the public sector in the area of drugs.  Most of the businesses said no.  Janet Reno, State Attorney at that time, spoke to the Non-Group about the role the private sector could play. The role was to bring people together and move the community forward in a comprehensive plan of action to stop the drug problem.  They raised $1 million of private monies, which was to last 5-years.  They decided to break the problem up into small areas.  They came up with a long-term plan of action, which included the drug free school zones among other ideas.  The Coalition’s role has been on how to bring the Community together.  The Coalition came together because of a drug epidemic and their goal was to get rid of the epidemic.  Mrs. Culp mentioned the project on the Miami River resulted from a call from the Governor asking if she would be willing to provide over site from the Coalition for prevention activities in and around the Miami River.  They set up a series of meetings and the Governor said they would come up with $100,000 from different agencies to have drug prevention programs in and around the River.  They brought together the programs that were already around the River.  The Coalition’s role is an over site role.  They were able to get $100,000.  They hope to come up with an additional $500,000 for a full year to keep those programs going and add other ones as they are identified.  That is part of the Coalition’s role in the Operation Riverwalk.  Small businesses along the river were approached back in 1989 and in 1990; however at that time they did not participate with the Coalition in setting up drug free work places, primarily due to the cost of the programs.  The Coalition hopes that the river business atmosphere has changed. 

The Coalition is connected with Informed Families that can do education plus the Coalition can provide $250 to any business that wants to start a drug-free work place.  Mrs. Culp wanted the MRC to know what the Coalition is all about and if there are any ways that it can be of assistance to the MRC.  Mrs. Culp did ask if the MRC could help by encouraging river businesses to get involved with the drug free work place.  Mr. Everingham stated that the MRC would be happy to help.

Janet McAliley wanted to make it clear why Operation Riverwalk surprised the MRC.  It wasn’t that the MRC didn’t want law enforcement in the River, but that the people who put together Riverwalk were so totally unaware of the Miami River Commission’s effort to establish a Riverwalk and are raising money for that project.  The MRC has endorsed a Greenway Plan and every time there is a development project on the River, the developers come before the MRC.  The MRC always emphasizes that there be a 16’ wide Riverwalk.  Now Operation Riverwalk is a drug busting operation and all of the MRC’s efforts to make the public aware of the need to have this Riverwalk and raise money for it, etc. are all mixed up with the drug busting operation.  If Mrs. Culp is able to do anything about this, this could help the MRC.  Sandy O’Neil stated that the Mayor’s office went on record early on that there was a conflict.  Mrs. Culp will be happy to do whatever she can to clear up the confusion. 

III.    Committee Reports -   

a.  Dredging Working Group – Mr. Bunnell said there is a meeting to be held on Friday, the 13^th at 4:00 p.m. with David Miller, Scott Mitchell, Pete Hernandez, Roger Hernstadt, Carlos Espinosa and maybe Susan Markley regarding the dredging process.  The meeting is primarily to resolve the fact the Corps has stated they cannot dredge within 25’ of a man made object or a bridge, unless they have permission from the non-federal local sponsor.  This meeting is to determine what needs to be done by the county in order to provide the necessary release.  The dredging project will be ineffective if the Corps must stay 25 feet from any structure.  The MRC wants to immediately notify property owners along the Miami River that the dredging project will be “dredging the navigable channel, which may come within 25 feet of structures”.  Early notification will allow property owners to take whatever action is necessary before the dredging project starts. The county needs to get this in order.  Additionally, the MRC and county are trying to make sure that all the utilities that have lines or facilities near or under the river are aware of the dredging parameters, and if lines or utilities need to be repaired or moved that this be done before the dredging project starts.  Sallye Jude suggested that they ask FPL to notify businesses in advance of any electricity being cut off. 

 b.  Public Safety – Capt. Bowling reported that three Custom’s seized freighters would be sunk in the artificial reef program.  The freighters will be sunk in a designated area about three miles offshore and the Coast Guard will have a safety zone around the vessels during the sinking.  Mr. Miller stated that Customs is putting on a large public affairs event along with this.  They have invited the Governor and most of the Senators, House of Representatives, Mayors, CNN, New York Times and more.  This is the first time that three ships have been sunk simultaneously and the first time that Customs has donated these seized vessels to this particular program.  Capt. Bowling stated that hopefully there would be more.  Customs is changing their protocol on how they want to get rid of these types of vessels.  This has turned into a marine event.  Cleve Jones is working on cleaning the vessels with the Atlantic Gamefish Association.

  c.  Quality of Life –    Jim Murley stated that they were pursuing the consultant’s contract for the urban infill plan.  The Executive Committee authorized them to sign a contract as soon as they receive clearance from the City.  David Miller stated that they have been working with the City, they have the money and the MRC will be signing the MOU with the City in the very near future.  A contract has been signed with Kimley-Horn.  Jim Murley advised that in the next mail out an urban infill status report would be included.

                  1.  Airport flight paths –

                Mr. Murley stated that there was a noise reduction experiment authorized by the FAA that increased the number of flights using the Miami River as a flight path corridor.  The test is over and there is some question as to whether or not it should be extended.  This is a complicated issue.  Commissioner Barreiro said that some of his constituents on the Beach and other areas suggested that maybe it should be continued and further studied.  The Airport Director was asked to look into it and see if they could continue the study. The issue is to fly straight to the Bay or ocean and then make turns while over water instead of over populated areas.   Dr. Martin stated that the river neighborhoods got into the act late in the process, as they were not aware of the rerouting until near the end of the test period.  It was in May before they had airport officials come out and explain the experiment.  Dr. Martin stated that they have since looked at the environmental assessment.  The study was to proceed for six months and then it was to be assessed as to its impact on the environment and FAA would respond to that.  Dr. Martin felt that if more flights were sent over the Miami River in the hours between 11:00 p.m. and 6:00 a.m., that there would be more noise.  The airports data says that there has not been an increase in noise.  Dr. Martin asked that the study be continued looking more closely and accurately at the impact of the noise.  The letter that went out on June 12^th from the Aviation Department asking for the extension did ask for it to be continued and further studied.  Dr. Martin said there is also a question of environmental justice that did not come out thoroughly.  Essentially the route of those nighttime flights goes over the Miami River and State Road 112.  The Miami Herald informed Dr. Martin’s group that this area was selected because it was over less residential areas.  As it turns out, the people attending the agency meetings are people from the Morningside area on the Bay in Miami, the Brickell area and Key Biscayne in large numbers.  They have had their homeowners’ association calling and complaining.  All of this is included in the environmental assessment, which is one of the reasons that the report concluded that more people are happier as a result of this new rerouting.  Basically, flights taking off to the east would follow the Miami River or the State Road 112 corridor until they reached Biscayne Bay or the ocean. Once over water they would turn instead of turning over populated areas, thereby reducing noise over populated areas of Miami.  The Miami River and 112 corridors are the densest areas in terms of population.  One flight pattern on State Road 112 includes the northern part of Allapattah and the southern part of Brownsville and Liberty City.  The River route includes most of Little Havana, all of Overtown and Spring Garden and Grove Park.  These two neighborhoods brought it to the attention of the Quality of Life Working Group.  Dr. Martin has concerns that the environmental justice impact must be included in this ongoing experiment.  His homeowners association is not opposed to the experiment being continued.  The pending County resolution refers to either making it permanent or further studying it.  Dr. Martin would urge the County Commission to further study it – not to make it permanent.  Sandy O’Neil stated that they receive calls also in regard to this.  She feels that it would be worthwhile for the MRC to communicate with the FAA and ensure that they are looking into the environmental justice component.  Dr. Martin said that the environmental justice issue is not limited to the residents of Spring Garden and Grove Park, but the NAACP and the Urban Environment League have taken stands on this too.  Dr. Martin feels that it would be better to use both arguments.  Dr. Martin also stated that Miami International Airports has many other alternatives besides sending planes out over different neighborhoods.  There are other noise mitigation efforts, including steeper take offs that are not enforced at the Miami Airport that are somewhat common place in other airports such as Atlanta.  These other options should be looked into. 

                Mr. Murley advised that they have two proposed actions to bring to the MRC.   Mr. Murley moved that the MRC communicate with the FAA that the MRC is concerned with the noise abatement, environmental justice issues and also send a second letter to the Aviation Department or County Government.  (Sandy recommends sending it to Steve Spratt with a copy of the FAA letter attached).  This letter would express the MRC’s position.  Dr. Martin seconded the motion and it passed unanimously. 

                2.  Fifth Street Bridge Issues –

                Mr. Murley stated that the Fifth Street Bridge has a sad history and asked David Miller to explain.  Mr. Miller said the bridge was built in 1929 and the Army Corps immediately labeled it an “illegal bridge” because the City of Miami did not build the bridge in conformance with the approved plans.  The Army Corps stated that the navigable opening was only 72’ instead of the required 85’.  Additionally, it was a flood control problem because the required spillway was not constructed.  This bridge is like a partial dam.  It is solid all the way across the river with only a 72’ opening.  It is a severe restriction for water flow during tidal flows and reduces conveyance capacity for drainage during flood control.  Ships cannot navigate through the bridge during an ebb tide because of the strong current.  Water backs up around the bridge because of the restricted flow capacity and then flows swiftly through the narrow 72’ passage creating a strong current impossible for ship navigation.  In the last 10 years, the bridge has been struck 12 times and at present, it is in a damage condition and upright and not useful to the community.  This has been a problem for a number of years.  The bridge needs a $2 million repair, just to repair it as it was.  The Coast Guard and Florida Dept. of Transportation  (FDOT) are now looking at the bridge and trying to expedite the replacement of that bridge or even removal.  It is considered an obstruction to navigation.  The Bridge Branch of the Coast Guard has gone on record telling FDOT that simply repairing the bridge to its old condition is unacceptable.  FDOT must do something about improving or removing the bridge.  There is a meeting this week between Coast Guard and various officials concerning the bridge repair, replacement and/or removal.  As the bridge owner, it is FDOT’s responsibility to satisfy the Coast Guard that the bridge does not interfere with a federal navigable channel.  The Coast Guard has had several meetings with Jose Abru and his staff.  The Coast Guard has gone on record saying that you can temporarily repair this bridge for 120 days and then take it out of service or replace it.  There is pressure for FDOT to do something quickly.  Further discussion was held.  Jim Murley made the motion that the MRC support action by FDOT to comply with Coast Guard’s requirements to get bridge operating in a temporary manner and to expedite the programming for planning and funding of a replacement of the bridge.  Sandy O’Neil seconded the motion and it passed unanimously.  Mr. Murley would like FDOT to come to the MRC’s September meeting and give a briefing. 

                3.  Knight Foundation Grant –

                Brenda Marshall thanked the MRC for its support.  The Trust for Public Land (TPL) was invited by the Knight Foundation to participate in their grant program for their 50^th Anniversary.  The Foundation is taking a new approach to their grant making and the category TPL fit under was what they call their Community Partners Program.  Ms. Marshall said that they were asking for support for the whole Miami River Corridor Greenway, but the Foundation directed them to that portion of the Miami River that was between I-95 and the 12^th Avenue Bridge.  The Foundation wants to focus on neighborhoods.  The two neighborhoods that this would impact would be Overtown and East Little Havana.  They saw TPL’s proposal as not only part of the Community building program but also a special category of “Building Bridges” which is to help with diversity issues in Miami-Dade County.  TPL was very fortunate to receive a $2.5 million grant from the Knight Foundation over the course of the next 4 years to help implement the Greenway plan.  The first year will focus on the neighborhood of Overtown and in particular the Lummus Park Riverwalk Connectors.  This will become a pilot project where people can see the improvements and become excited about the greenway.  The Knight grant will enable TPL to continue to go after more grants as they have the matching funding. 

                On the south side of the River, they will be looking at the design in the Jose Marti Park area and this will be the focus of the first year.  They are excited about their continued partnership in working with the MRC on these segments of the Greenway.  Hopefully, we will see some tangible results from our planning efforts. 

                Sallye Jude stated the East Little Havana NET office received $57,000 from the Empowerment Zone to do build a community garden under the Flagler Street Bridge.  This will be a great addition for the Greenway. 

                Ms. Marshall stated that the TPL National Advisory Council is going to be meeting in Miami on November 7, 8, and 9, 2001 and asked that everyone put it on their calendars.  On November 9^th, there will be a Miami River tour.  There will be panels and Brenda would like everyone to attend and participate. 

                Dr. Martin said that part of the Knight Foundation application includes the commitment made by the City to help TPL with the Greenway project.  One city commitment was the Seybold Canal House, which would be included in the Point Park development.  It was almost lost.  Dr. Martin thanked Mr. Parks for sending a letter to all of the City Commissioners, Manager and Attorney.  They were able to close on the house, just before the seller was about to pull out.  The seller had been waiting 11 months since the City Commission approved the purchase.  They were able to keep the $271,000 that was already earmarked as part of the local match. 

                Unfortunately, Dr. Martin learned that a stormwater retrofitting project for North River Drive in Spring Gardens that also has a Greenway improvement included was lowered in priority on the City’s Capital Improvements list.  This project was to retrofit the storm drainage systems that run from North River Drive directly into the River and to build the “on road” section of the greenway with wider sidewalks and proper lighting.  This project is necessary, because during the high spring and fall tides river water flows backwards up through the stormwater system and floods this section of North River Drive.  It was brought to the City Commission’s attention that the City has responsibility for storm drainage in that location.  The project made its way to the top of the Capital Improvement’s list, then they learned that it had been bumped for projects in west Miami that were flooded during recent storms, specifically the so called “No Name” storm.  The North River Drive Greenway improvement was part of the Knight Foundation Grant.  Dr. Martin made the motion to bring before the City Commission the need to upgrade North River Drive, retrofit the storm water system and provide improved sidewalks for the Greenway.  The motion was seconded by Jim Murley and passed unanimously.

                Brenda Marshall said that they were working with Commissioner Barreiro’s office to try and get the Greenway Plan before the County Commission possibly before the August recess. 

d.  Stormwater Subcommittee – Sallye Jude said that this subcommittee has officially entitled its report “The Miami River Basin Water Quality Improvement Report; Based on the Upper Wagner Creek Pilot Project”.  The Committee is incorporating some revisions and polishing up the report and expect to approve it in August.  The MRC has contracted a graduate student to do the administrative work and put the report in final form.  They will then bring it before the next meeting of the Miami River Commission for approval.

 e.  Economic Development & Commerce –  Megan Kelly reported that there is a Working Group meeting scheduled for tomorrow at 501 Brickell Key Drive, Suite 600.  She will see what economic development incentives and other programs are available.  Additionally, the Group will be incorporating the tax increment financing work that Dr. Martin is doing.  The Group will monitor the development of the Urban Infill Plan and provide comments as necessary and will help to identify all the available sources of funding.  They Group is continuing discussion on the boat slip permitting process on the River. 

                Megan noted that the Chairman had directed that Dr. Fran Bohnsack’s art auction program be under the wing of this committee and they will proceed with that. 

  f.  Economic Impact Study Subcommittee –  Mr. Miller said that the Economic Impact Statement Executive Briefing that Mark Sell put out is just that – an executive brief.  The full report is being finalized and hopefully this will soon be brought to the Economic Development & Commerce committee. The MRC staff is doing the administrative work and has hired one of the graduate students to put it together. 

   g.  Grant Investigation/TIF Committee – Since there is no meeting in August, Brett requested a motion to approve the two grant applications: (1) Restore Southern Rivers” funded by EPA for restoration of shoreline at Point Park and (2) Florida Community Trust for Greenway improvements. Sally Jude made the motion that was seconded by Jim Murley and passed unanimously.  Discussion was held.  The Florida Forever program has approximately $66 million available this funding cycle and this is typically funding for capital projects and land assembly.  There are ways in which they can utilize this as a partial funding source for the government issues along the Greenway. 

                It was noted that the City of Miami has hired a consultant to look into the Tax Increment Financing issue from districts along the River as a potential funding source for the stadium.  

IV.  Old Business

                Janet McAliley asked about the art auction and the material attached to the minutes of the June 4^th MRC meeting.  She asked about the intent of the auction to raise funds so that 50% of the gross income can be donated to the work of the MRC or the Miami River Greenway.  She feels this should be made very clear.  She asked for clarification of some of the terms and asked if anyone who makes a contribution can get a tax deduction?  She does not understand the meaning of the terms.  Dr. Fran Bohnsack explained the terms in detail.  She stated that it is all designed to reach the targeted audience of buyers.  The goal is for $100,000 from the event.  Fran said that they may already have an art piece that is valued at $300,000..  Mrs. McAliley expressed her concerns about the MRC taking part in this.  Mr. Everingham explained that it was discussed in detail at the Executive Committee and approved. 

V.  New Business –

Mr. Murley stated that he would mail out the final Biscayne Bay Partnership Initiative Report and the funding allocation to everyone.  They had a nice celebration last Monday and the South Florida Water Management District has essentially allocated the $6 million.  This includes creating a Biscayne Bay Committee so there will be a place for Bay issues and related River issues to be discussed.  There will be funds that will be appropriated for a series of activities including a Bay Wide Access Plan, which will compliment the River Greenway Plan.  The Miami-Dade Delegation secured state funds for the Bay and they will be doing it again next year.  There may be ways for the MRC to work with the Biscayne Bay Committee.

Mr. Miller introduced Ross Frow who is a student at the Mast Academy.  He is currently doing an Internship with the MRC for 6 – 8 weeks. 

Sallye Jude made the motion to accept the recommendations for salary and benefit increases for the Assistant Managing Director and the Managing Director effective July 1, 2001.  The motion was seconded by Jim Murley and passed unanimously.   David and Brett both thanked the members for their support.

                David Miller said that he met with City staff and was provided the City’s Pre-Application Design Review Committee handout, which was given to all MRC members.  The handout has City recommendations for quality design and tree and shrub plantings.  The City staff requested MRC comments on the handout.  The Pre-Application is an outline and has some good items to think about when reviewing new developments on the River. 
            Commissioner Barreiro advised the members about the issue of the Greenway Plan going to the full Commission.  It might go before Committee, and if it does, it will be the 17^th of July.  Dr. Martin congratulated the Commissioner for his assignment as Committee Chairman of some very important Committees including the river, airport, and seaport.