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MIAMI RIVER COMMISSION 
c/o Rosenstiel School
4600 Rickenbacker Cswy,
Miami, Fl. 33149
305-421-4850
Fax: 305-421-4755
  e-mail: mrc@rsmas.miami.edu

MONDAY
July 12, 2004
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Chairman Robert Parks called the Miami River Commission (MRC) meeting to order at noon , Monday, July 12, 2004 in the United Way , Ansin Building , 3250 S.W. Third Avenue , Miami , Florida .

• Robert Parks, Member-at-Large, Appointed by the Governor, Chairman

• Phil Everingham, designee for the Chair of the Marine Council, Vice Chairman

• Ellen Roth, designee for Honorable Senator Bob Graham

• Debbie Zimmerman, designee for Honorable Representative Ileana Ros-Lehtinen

• Commissioner Bruno Barreiro, Miami-Dade County Commissioner

• Theo Long, designee for the Representative from Environmental or Civic Organization, Appointed by the Governor

• Vivian Casals-Munoz, designee for Chair of the Miami Dade Legislative Delegation, Representative Rene Garcia

• Roman Gastesi, designee for Mayor of Miami-Dade County Alex Penelas

• Irela Bague, designee for the Chair of the Governing Board of South Florida Water Management District, Mr. Nichols Gutierrez, Jr.

• Megan Kelly, designee for Greater Miami Chamber of Commerce

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

• Tony Garrastazu, attended for Dr. Pamela Dana, designee for Governor of State of Florida

• Cleve Jones Jr., Member-At-Large, Appointed by City of Miami Commission Beau Payne , designee for Member at Large, Appointed by City of Miami Commission

• Gary Winston, designee for Miami-Dade State Attorney

• Richard Bunnell, designee for the Chair of the Miami River Marine Group

• Charles Morton, Miami River Marine Group Chairman

MRC Staff: Brett Bibeau, Managing Director
                  Yadira Pulido, Assistant Managing Director

Others attending interested in the River:

• Jim Murley, Florida Atlantic University (FU) Cantense Center

• Dr. Fran Bohnsack, Miami River Marine Group Executive Director

• Liz Abbott, South Florida Water Management District

• Jose Fuentes, South Florida Water Management District

• Courtney Bogle, South Florida Water Management District

• Lavinia Freeman, Trust for Public Land

• Jeanette Stanley, Trust for Public Land

• Luis Rene Perez, Army Corp of Engineers

• David Cole, Weston Solutions

• James Bean, Jr., Bean Environmental         

• Ed Swakon, EAS Engineering

• Colin Henderson, HJ Ross

• Carlos Espinosa, Miami-Dade DERM

• Patricia San Pedro, San Pedro Productions

• Jennifer Hudson, San Pedro Productions

• Gwin Tate , U.S. Coast Guard Bridge Branch

• Jon W. Burke, SDS Marine Terminal

• Bruce Shurger, SDS Marine Terminal

• Heather Vaughn, University of Miami

• Alison Elgart-Berry, City of Miami Archeologist

• Ladanya Ramirez, Office of Honorable Representative Ileana Ros-Lehtinen

• Dan Ricker, Watchdog Report

I. Chair's Report: 
a.  Approval of June 2004 Minutes- Ms. Sallye Jude moved to approve the MRC’s June 7, 2004 meeting minutes.  Mr. Phil Everingham seconded the motion.  The minutes were unanimously approved.

Mr. Parks reported Mr. Brett Bibeau , MRC Managing Director and he were subpoenaed by Attorney Andrew Dickman, and provided depositions on June 23, 2004 in a case filed by three Spring Garden residents vs. the City of Miami to appeal the City Commission’s unanimous approval of the Royal Atlantic Development, located on the south shore of the Miami River in East Little Havana.  The MRC unanimously found the approved development to be consistent with the Miami River Corridor Urban Infill Plan.  The administrative trial was held on Wednesday, July 7, 2004 , and Bibeau and Parks were subpoenaed to testify by the appellants.  Mr. Parks noted he was out of town during the trial, and Mr. Bibeau complied with the subpoena and testified at the trial.

Mr. Parks stated by a vote of 6-4, the MRC had found the Hurricane Cove development proposal to be inconsistent with the Miami River Corridor Urban Infill Plan.  The City Commission unanimously approved the Hurricane Cove project on June 24, 2004 .

On June 30, 2004 , Mr. Parks, Mr. Bibeau and Mr. Jim Murley met with Elizabeth Plater-Zyberk, Dean of the University of Miami School of Architecture, who has been selected to create a new City of Miami Master Plan known as Miami 21.  They provided and discussed the award winning Miami River Corridor Urban Infill Plan, and offered MRC assistance with regards to any river related planning issues.

Mr. Parks announced, due to personal reasons, Ms. Yadira Pulido, Assistant Managing Director, is resigning from the MRC.  Parks stated it was not due to her lack of work nor interest in the project, and he thanked Ms. Pulido for her work with the MRC.

Mr. Parks announced after serving as the MRC’s achair since its sreation by the Florida Legislature in 1998, the time has come for him to step down, and he will be submitting his resignation letter to Governor Bush.  Mr. Parks stated he will chair (ex-officio) the election of the MRC’s next chair and vice chair at the MRC’s September 13, 2004 meeting.  Parks noted he is the Governor’s “member-at-large” appointee to the MRC, and thanked the late Governor Chiles and Governor Bush for allowing him to serve on the MRC.  Parks noted since the MRC doesn’t meet in August, the Governor would have nearly two months to make his new “member-at-large” MRC appointment prior to the next meeting.  Parks stated the reason for his resignation is that then Governor Graham had gotten him involved in the Miami River in 1984 with the Miami River Management Group, Miami River Coordinating Committee, the Miami River Study Commission and now the Miami River Commission .  Parks stated it has been an extraordinary experience for him, and he intends to continue supporting the river and be involved with river related issues in the future, yet has a deep philosophical belief that the chair of any organization should provide the opportunity for a new chair to provide new ideas and perspectives.  Parks shared that nearly one year ago, when former MRC Managing Director David Miller met privately with Parks regarding Miller’s intent to resign from the MRC, Parks had already considered resigning as chair, yet decided to postpone his decision in order to be available to assist with the Managing Director’s transitional period.  Parks stated from what he has heard from the MRC and other people whom have worked with Brett Bibeau , MRC Managing Director, that Mr. Bibeau no longer needs any additional help than that currently being provided by the MRC.               

b.  Managing Director’s Report

Mr. Brett Bibeau stated the MRC would not meet in August 2004.  Due to the first Monday in September being Labor Day, the next MRC meeting has been re-scheduled to Monday, September 13, 2004, noon, United Way, Ansin Building, 3250 SW 3^rd Ave.

Mr. Parks asked if there were any river related items going before the City Commission on July 24, 2004 , and Bibeau replied perhaps the second reading of the new Noise Ordinance.  Parks asked what impact the proposed ordinance would have on the Miami River Dredging project, and Bibeau replied the project has been exempted.  Ms. Sallye Jude stated Miami River Inn guests have complained about the bridges loud bells ringing at night.

II.  Presentation on Miami River Maintenance Dredging Project

Mr. Parks introduced Mr. Rene Perez, U.S. Army Corp of Engineer’s Miami River dredging maintenance project manager, and Mr. David Cole, Weston Solutions, Miami River maintenance dredging project manager.  

Mr. Perez stated he has served as the Miami River maintenance dredging project manager for the past three years.  Perez noted after several years of planning and preparation in conjunction with the local project sponsor, Miami-Dade County , and with the cooperation of the Miami River Commission and other stakeholders.  Perez stated he is pleased to announce the U.S. Army Corps of Engineers executed a contract to dredge the Miami River with a joint venture (JV) between Weston Solutions and Bean Environmental.  Perez announced Mr. David Cole, Miami River maintenance dredging project manager for the JV, to provide a presentation on the implementation of the project.

Mr. Cole stated, he has worked in the environmental industry for over 25 years.  Weston Solutions, primarily a landside environmental engineering firm, has been in the industry for 40 years and worked with Army Corps of Engineers on several projects, and Bean Environmental are primarily environmental dredgers with nearly 100 years of experience, whom also have worked on many Army Corps of Engineers projects.  Cole noted the JV has sub-contracted with many local firms, including several small, minority and women owned businesses.  Cole thanked everyone in attendance, whom has supported the Miami River maintenance-dredging project.

Mr. Cole stated the Miami River maintenance-dredging project will significantly benefit South Florida ’s economy and natural environment.  Cole explained that rivers around the world require maintenance dredging, and this project will remove 900,000 tons, or 721,000 cubic yards of contaminated sediments from the Miami River .  The project will commence at the salinity dam (NW terminus of the Federal navigable channel) and proceed to the mouth of the River.  Mr. Cole explained a graphic cross section of the project.  The cross section depicted the federal navigable channel, and the additional “bank-to-bank” dredging, located just outside of the channel.  Cole noted they will not be dredging within 10 feet of any existing structures or shorelines.  The dredging will be conducted using a hydraulic excavator with a clamshell bucket, equipped with GPS satellite tracking systems.  The dredger will place the materials on a barge, which will be towed to the docking site, located on NW North River Drive , near NW 32^nd Street .  The materials will be taken to the nearby staging site, located at NW 33^rd Street between NW 37 and NW 36 Avenues, and separated into debris, sand and fine sediments.  Both upland sites are located in “upper river” 100% industrial areas of unincorporated Miami-Dade County .  The sediments are sent through belt presses for de-watering, and made into “filter cake”, reducing the surface area and odors of the sediments.  Some of the sand removed maybe used as land fill cover, and the rest of the materials will be trucked to class three landfills located in Medley and Central Dade County .  Cole noted they will conduct water quality monitoring near the mouth of the River throughout the project.  Cole stated the dredgers will be working and coordinating with the River’s marine industry in order to avoid disruptions during the project.  Cole stated the dredgers will conduct endangered species monitoring (trained manatee observers) throughout the project.  Cole noted they will not be dredging in areas with existing sea-grasses.  Furthermore, Cole stated they will conduct air quality monitoring.  Cole stated the materials will be covered, which will prevent odors, and there will be no open air-drying of sediments.  Cole explained the dredgers will only be working a few days at any given location on the Miami River .  Cole noted San Pedro Productions is creating a web site, which will keep the public informed as to where the dredging is occurring.  Cole offered to answer any questions.          

Mr. Phil Everingham asked when the project is scheduled to commence and complete, and Cole replied it was estimated to begin October 28, 2004 and could take two years to complete.

Dick Bunnell stated the status of the funding cash flow determines whether or not they would have to start and stop during the project, and asked Cole if the project could be continuous, without any temporary demobilizations.  Mr. Rene Perez, Army Corps of Engineers explained there are two parts of the project, dredging the federal navigable channel with a cost share of 80% federal, 10% State of Florida, 5% Florida Inland Navigation District, 2.5% City of Miami and 2.5% Miami Dade County, and the “bank-to-bank” dredging, which doesn’t have a federal cost share.  Mr. Perez stated that Congress determines the amounts of the Federal annual appropriation for the project.  Bunnell asked Mr. Perez if the funding appropriated thus far by Congress for the Miami River maintenance dredging project will be returned to the project from the Army Corps of Engineers, and Mr. Perez replied General Strock had pledged to members of Congress that the Corps intended to return the previously appropriated levels of funding through the course of the Miami River dredging project, and it was the Corps intent to avoid any demobilizations during the project.  Ms. Debbie Zimmerman, Congresswoman Iliana Ros-Lehtien’s Office, stated Congress has appropriated over $25 million for the project thus far, therefore the Army Corps of Engineers has already been allocated a significant portion of the 80% federal cost share of the project.  Mr. Perez responded the total project cost is estimated at $72 million, therefore the Corps needs additional congressional appropriations.  Bunnell asked Roman about the status of the additional local “bank-to-bank” dredging funding.  Roman Gastesi stated the City of Miami had approved an Interlocal Agreement to cost share the “bank to bank” dredging funding, and the Board of County Commissioners is scheduled to consider the Interlocal Agreement in late July or early September 2004.

Parks stated Representative Iliana Ros-Lehtinen, Senator Graham, Governor Bush, the City of Miami , Commissioner Bruno Barreiro and Miami-Dade County , the Florida Inland Navigational District and the South Florida Water Management District have been working hard to secure the necessary funding for the Miami River maintenance-dredging project, and thanked them for their strong support.  Parks asked everyone to stay on top of the federal funding issue, because the MRC had worked hard to have the federal cost share increased to 80% in 2000, making the project financially feasible.  Mr. Parks pledged the MRC’s ongoing assistance and support for the project, and stated if there is anything the MRC may do to help the project at whatever level, do not hesitate to contact Mr. Bibeau, MRC Managing Director, because the Miami River maintenance dredging project remains the MRC’s top priority.  Mr. Parks thanked Mr. Cole and Mr. Perez for their presentations.

II.  Committee Reports

a)   Dredging Working Group

MRC Dredging Working Group co-chair Mr. Richard Bunnell, stated the MRC had just been presented the dredging project, and deferred to co-chair Mr. Scott Mitchell.  Mr. Mitchell added the Working Group conducted a conference call with Washington DC on July 2, 2004 , regarding federal funding for the project.  Parks thanked the subcommittee.

b)    Miami River Safety Committee

MRC Miami River Safety Committee chair, Mr. Gary Winston, Chairman, thanked Mr. Parks for the tremendous public service he has provided the community during his effective 6-year chairmanship of the MRC.  Winston noted the MRC has achieved many of its goals under Parks leadership.  Winston deferred the Committee’s presentation to Dr. Fran Bohnsack, Miami River Marine Group.  Dr. Bohnsack stated the federal maritime security act deadline to implement the Miami River Port Security Plan was July 1, 2004 , and only two Miami River shipping terminals (non Miami River Marine Group members) have been temporarily closed by the Coast Guard for not fully implementing their security plans.  Mr. Bunnell asked Dr. Bohnsack to share the award she had received earlier in the day from the United States Coast Guard.  Dr. Bohnsack showed her proclamation acknowledging her accomplishments as the first Director of the Port of the Miami River .  The MRC congratulated Dr. Bohnsack for her years of service to the Port of the Miami River .  

c)  Miami River Corridor Urban Infill Plan Working Group  

The MRC’s Miami River Corridor Urban infill Plan Working Group chair, Mr. James Murley, advised their next meeting will be held on Tuesday, July 13, 2004 , 10:00 AM , Miami Riverside Center , 444 SW 2^nd Ave , 8^th Floor Conference Room.

d)    Greenways Subcommittee  

MRC Greenways Subcommittee co-chair Ms. Lavinia Freeman, Trust for Public Land, reported the next phase of Miami River Greenway development has 60% complete construction documents.  The construction of this Greenway phase will commence in late February 2005, and is scheduled for completion by May 2006.  The following phase of the Miami River Greenway construction is scheduled for ground breaking in May 2005 and completion in January 2006.  The City of Miami is requesting a time extension on the Florida Department of Transportation’s previously awarded $3.1 million in Miami River Greenway grant funding.  Freeman noted one issue has arisen during the creation of the “on-road” Greenway construction documents, regarding the replacement of a few on-street parking spots with the Greenway pedestrian path and landscaping along South River Drive.  Freeman reported the City of Miami ’s transportation director, Mary Conway, will be addressing this by meeting with the parties to resolve the issue.  The Greenways subcommittee has approved the design of the Miami River Greenway historical markers (using Villagers grant for fabrication and pro-bono work form River historians Don Gaby and Jim Broton), way-finding signage, mile markers, directional signs, information kiosks and the perimeter directional signage.

Mr. Parks thanked Ms. Freeman for the Greenways Subcommittee report.  Parks stated how nice it was after chairing the MRC for 6 years and working on several plans, to see the plans being brought to fruition.

e)   Stormwater Subcommittee

MRC Stormwater subcommittee co-chair Sallye Jude reported a deliverable in a grant awarded to the MRC from the City of Miami is applying environmental messages adjacent to Miami River storm drains.  Bibeau indicated purchasing 150 environmental messages at $11.75 each comes to $1,762.

f).  Economic Development and Commerce

MRC Economic Development and Commerce (EDC) subcommittee co-chair Ms. Megan Kelly, reported the EDC has been finalizing their budget for the September 27, 2004 Miami River Marine Industries Symposium, in the Hyatt Regency Miami.  Kelly noted the EDC has received $19,000 in cash sponsorships, and a $5,000 in kind sponsorship from the Hyatt.  Ms. Kelly stated the Symposium’s “Save the Date” postcard will be mailed to 2,500 individuals the week of July 19, followed by a series of press releases.  Mr. Parks thanked the EDC for their great work on a wonderful project.

New Business
Ms. Irela Bague, South Florida Water Management District, asked Ms. Liz Abbott, SFWMD, to update the MRC on the SFWMD’s work on the pending Florida Inland Navigational District (FIND) $6 million grant application for the Miami River Dredging project.  Abbott stated they recently made a presentation on the application to the FIND board.  Parks thanked the SFWMD for their continued assistance, and asked them to keep the MRC informed if there is anything the MRC may do to assist with the FIND application.

IV. Adjournment 

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

_____________________________Recording Secretary

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