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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,
OCT. 1, 2001
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Robert L. Parks, Chairperson, called the Miami River Commission meeting to order at 12:00 noon on Monday, October 1, 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 Parks, Chairperson, Member at Large, appointed by the Governor

  • Phil Everingham, President of the Marine Council, Vice Chairperson

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

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

  • Gary Winston, Miami-Dade State Attorney, Designee

  • Richard Bunnell, Chair of the Miami River Marine Group, Designee

  • Jim Murley, Governor of State of Florida, Designee

  • Sallye Jude, Neighborhood Representative, appointed by City of Miami Commission

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

  • Beau Payne, Member at Large, appointed by City of Miami Commission, Designee

  • Frank Lopez, Executive Director of the DDA, Designee

  • Olga Zamora, Mayor of Miami, Designee

  • Jerry Fernandez, Chairman of the Governing Board of SFWMD, Designee

Ex Officio (non-voting) members:

  • Ellen Roth, Senator Bob Graham's representative

MRC Staff:

  • David Miller, Managing Director

  • Brett Bibeau, Assistant Managing Director

Others attending interested in the River:

  • Rod Petrey, Collins Center

  • Thomas Kimen

  • Brenda Marshall, TPL

  • Maribel Balbin, SFWMD

  • Brian Behr

  • Patrick Novak

  • Dianne Johnson, City of Miami/REED

  • Susan Markley, Miami Dade DERM

  • Fran Bohnsack, MRMG

  • Roman Gastesi, Miami-Dade County

  • Robert Thompson

I.  Chair’s Report  

Mr. Parks welcomed everyone and said that since their last meeting on September 10th, a lot has changed with the world and he would like everyone to take a moment of silence for the innocent victims, families and those who lost their lives in acts of heroism, during the terrorist attack on September 11.

            Mr. Parks introduced and welcomed Beau Payne who is Cleve Jones’ designee and Olga Zamora who is the Mayor of Miami’s designee.

            Mr. Parks said that it was suggested to him in light of what is happening and resulting problems that come about with traffic, security and parking that the MRC should consider moving the November meeting to another location.  The Executive Committee will make a decision at its next meeting.  A quorum was not present, so approval of the September minutes pends. 

II.  Miami-Dade County Commission on Ethics

            Mr. Robert Thompson gave a brief history of the Commission on Ethics stating that in 1996 the citizens voted to amend the Charter and create the Ethics Commission.  There are five Commissioners.  The Chief Judge of the Eleventh Circuit appoints two commissioners; one is a shared appointment between Dean of the University of Miami School of Law and the Dean of the St. Thomas University School of Law; one is appointed by the Miami-Dade League of Cities; and one by the Director of Florida International University Center for Labor Research and Studies.   Robert Meyers was named Executive Director in 1998. 

            Mr. Thompson stated that Ordinance 97-105 established the Commission and grants the power to review, enforce and render advisory opinions and letters of instruction.  They have subpoena power that has been granted to the Ethics Commission and they can also do investigations as well.  Their purpose is three fold: enforcement, advisory opinions and community out reach.  Mr. Thompson’s job is to get out in the community and make people aware that the Commission exists and is available.  The Code applies to certain things like transacting business, receiving gifts, violations of the Code, financial disclosure, exploitation of official positions and there is a prohibition on confidential information and the use of it.  Those are some of the key elements within the ordinance.

            There is a complaint process and a hotline.  Mr. Thompson distributed brochures, which provided all the necessary phone numbers.   When a complaint is filed it has to be applicable to a particular conflict of interest and code of ethics ordinance.  They have an advocate that takes the complaint and forwards it to the Ethics Commission.  These services are available to the MRC if needed.  Of special note, is a lobbyist reform packet that is going to go before the Board of County Commissioners on October 25th.  Mr. Thompson stated that they are moving toward an environmental ethics conference in March of next year.  It revolves around four different issues.  One is California’s energy crisis and could it happen here; the second is relevant land use zoning and lodging local governments; the third is an environmental education phase; and the fourth is corporate responsibility in environmental client relationships and environmental justice. 

             Mr. Thompson thanked the group and Bob Parks asked if there were any questions?         Mr. Parks asked if it would be possible for the MRC as a Commission to be involved in the Seminar next year and Mr. Thompson said yes and he would keep the MRC advised of the status of the seminar.  Mr. Parks asked also what jurisdiction, as a state created agency, do they have over the MRC?  Mr. Thompson advised that if an issue comes to the Ethics Commission, it would go to the Executive Director who will then take that request and have the Staff General Counsel do a write up which will go to the Ethics Commission.  They will make a decision about legal sufficiency and probable cause and if they find both appropriate, they will move it to the Ethics Commission to vote.  If they decide to take it and move forward, that opinion is binding, but it can be appealed at the next level.  Discussion was held regarding the authority over the MRC. 

            Mr. Parks announced that a quorum was present and asked for the approval of the minutes of the September 10th   meeting.  Sandy O’Neil moved approval, which was seconded by Sallye Jude.  The motion passed unanimously.

(Note:  Since Mr. Petrey was still not present, Bob asked for the report of the Dredging Working Group and Dick Bunnell responded per section IV below.  After Mr. Bunnell’s report, Mr. Petrey arrived and made his presentation.)

III.  Urban Design Center

            Mr. Parks asked Brenda Marshall to introduced Mr. Rod Petrey with the Collins Center.  Brenda Marshall stated that as part of the Knight Foundation process for their 50th anniversary grant, the Trust for Public Land, Local Initiative Support Corporation (LISC) and the Collins Center were asked to partner.  Part of this partnering project included the Design Center concept that the MRC first became aware of after visiting Chattanooga, TN several years ago.  The Trust for Public Land received a small grant from the Knight Foundation last year to do a study to create a “Design Center” for Miami and Mr. Petrey will explain what has occurred with the design center concept.  

            Mr. Petrey said he is President of the Collins Center for Public Policy and a lawyer with the firm of Holland and Knight.  The Collins Center is a statewide public interest organization and has been in existence for about 10 years.  It has a wide range of interests starting with campaign ethics, constitutional revisions, civic education, hurricane catastrophe insurance and recently served as staff for the Governor’s special task force on elections.   They have been focusing the last few yeas in southeast Florida trying to implement the “Eastward Ho” initiative and redevelop inner core neighborhoods in ways that take better advantage of the properties.  They are host for the Funders Network, which is a national organization with 60 members and their purpose is to make “livable” communities.  The second project they launched here was called the Growth Partnership.  It is an effort to try to redevelop urban core neighborhoods in southeast Florida choosing as a demonstration project one urban core neighborhood in each one of the three counties.  They want to do this with partnerships of local community groups and private developments.  They are trying to work with the big developers who are interested in making sure there is an economic benefit to this redevelopment.  The community they are working with in Miami-Dade County is Overtown.  The Knight Foundation has encouraged their partnership with Trust for Public Land and LISC.   Knight has given them money for what they call the Overtown Civic Partnership and Design Center.  Rod believes it is time for the people of Overtown to try to get some control over their destiny.  The local partners in the community are the Black Archives, the St. John Community Development Corporation and the Bethel A & E Church.  They are encouraging them to think about mixed income housing and the private developers.  They have the money from Knight to do that and hope that it will incorporate a heavy amount of Design Center Concept.  The focus will be on Overtown first.  They do not have government funds because they want to be private and flexible and move where government may not wish for them to move.  The design center concept of this is in the development stage.  Knight also gave them funds to set up a Community Land Trust, which will purchase land or take options or get control in some way of land to assemble parcels and get the land ready for development.  It will not be traded back and forth.  Mr. Petrey does not want to lose the Design Center and believes this is a chance to start the design center concept.  .

            Mr. Parks thanked Rod Petrey and asked if the Commission members have any questions.  Sallye Jude said she did not hear anything in his presentation about the Miami River Corridor and is there a time frame where the river will play a central focus?   Rod responded that Overtown is part of the river and this area will be a focus, with hopes that the entire river and city will be included as they move forward.  Brenda Marshall explained the area of the river that the grant covers (for TPL) is from I-95 to the 12th Street Bridge on both sides of the river

            Mr. Parks advised Rod Petrey that the MRC is legislatively charged as being the agency responsible for coordinating Miami River redevelopment.  To the extent the grant project touches the river, why shouldn’t the MRC be a partner in this and what should our input role be, because we have done a lot of work in this area and we are trying to move forward and not get everybody recreating the wheel.  How are we (MRC) best served and how can we best serve you?   Rod said that the Collins Center would love to have the MRC as a partner and he would like to be our partner in the efforts along the river.  Mr. Petrey said that the Knight Foundation has a civic partnership for all the proper parties as far as it relates to the MRC’s mission along the River.  The Collins Center is just getting started, so as they progress they will let the MRC know what they are doing and work out a partnership.  Discussion was held. 

            Mr. Parks stated that the MRC wants to be involved with the Collins Center on the river issues.  Jim Murley made the motion that the Miami River Corridor Urban Infill Working Group will be the liaison with Trust for Public Land and the Collins Center from the River standpoint.  The motion was seconded by Sandy O’Neil and approved unanimously.  David Miller asked who is the contact point for the Urban Design Center.  Mr. Petrey said for now, to contact him.  

IV.   Committee Reports -   

            A.  Dredging Working Group - Dick Bunnell stated they held a meeting on September 20th.  The Corps of Engineers and FDEP were present, but the U.S. Fish and Wildlife Service did not attend.  FDEP representatives and one Corps representative did take a river tour after the meeting and all parties were encouraged about the progress of the project.  Mr. Parks asked where they were with reference to the 25-foot setback question and a sense of timing for resolution.  Dick reported that the MRC has a consultant hired to assist the county with notifying property owners concerning the required setbacks and if property owners want dredging to occur closer than 10 feet from a manmade structure, then they would have to sign a release from liability.  David reported that Case O’Bourke Engineering, Inc. is the consultant and is in the process of preparing the notification letters to land owners about the dredging project and the setback issue.

             Miami-Dade County is holding a Utility Round Table meeting on October 23rd to determine if there are any utilities that need to be relocated or will impact the dredging project.  The Corps did provide a project timeline that showed actual dredging starting in July/August 2002.  They need to make sure that the money is there.  David Miller thanked Cleve Jones for providing his personal boat to take out FDEP (Water Quality Certification representatives) and Army Corps people.  FDEP will provide a “Conceptual Water Quality Certification” approval to meet the Corps timeline for the permit by early December 2001.  Once the Corps selects the contractor then an “Individual Water Quality Certification” will be issued based on the dredging procedures to be utilized by the winning contractor.

            B.  Public Safety Working Group  - Gary Winston did not have a report.

            C.  Urban Infill Plan - Jim Murley provided a written status report, which was distributed to each MRC member.   Mr. Murley discussed the progress report and advised the Commission that they will get a status report from Kimley-Horn, Inc. each month.   At the end of this month, they will have a public workshop.  They are pretty much on schedule.

            Jim Murley wanted to bring to the Commission’s attention that the City is considering a bond issue for public works and that it is in process.  He recommended the Economic Development Committee or someone should make sure that the River’s capital improvement items are part of the City’s Capital Improvement Bond issue. 

            The County is also looking at a Bond issue and an economic development stimulus plan.  Sandy O’Neil said that one of the components of that is what do they place on the list for capital improvements.  The Chamber of Commerce has come to County and asked them to put together this list and they are in process of doing that.  Anything that would relate to this should be brought out tomorrow at the Commission meeting in time to get on the record.  With reference to the County Bond issue, Mr. Parks asked David and Brett to follow up on the river issues.  In reference to the City, Mr. Parks asked Brett to get with Ms. Zamora.  Mr. Parks would like the Economic Development Working Group to oversee site situation.  David Miller will advise Megan Kelly about this and that it is a priority. 

            Diane Johnson believes there is a special commission meeting scheduled for the 11th of October at 4:00 p.m.  She will give the information to Brett so he can get the Economic Development Committee notified.

            David Miller said that on October 5th at 9:30 a.m. at Bayside, the Urban Infill group would sponsor a river boat tour.  It will be a brainstorming session for the Urban Infill Plan and everyone was invited.  If anyone knows of some individual or group that should be invited on the tour, please contact David.

            D.  Greenways and Grant Application - Brenda Marshall reported that South River Drive under the Flagler Street Bridge has been transformed into a beautiful garden park, which they call “the first new park on the south side of the River ready for the Greenway”.   

            E.  Stormwater - Sallye Jude said that if the city is going to put bond money into public works, the flooding that always occurs along the River when it rains should be addressed.  These particular sites were not even listed on the city’s 5-year plan as a problem.  Mr. Parks suggested that this group discuss this with the Economic Development Group and then talk to the city bond people.  Ellen Roth advised the commission that there is a project called “Project Impact” which is mitigating flood areas around Miami-Dade and they should be contacted. 

            F.  Economic Development & Commerce - Cleve Jones said they had a meeting last week.  The Airport Earlington Heights Mertrorail Extension issue was the top item discussed.  The group recommends that the metrorail planners present this plan before the MRC regarding the crossing of the River.  There are “glide path” restraints due to the airport being in the area.  Along with that, the Miami-Dade Expressway Authority is also planning a roadway crossing of the river.  There were several proposals for crossing the river.  Some of the proposed crossings are going to interfere with the shipping industry.  There has not been a discussion of a tunnel for this area.  The amount of River that will be lost to shipping activity is something that needs to be addressed. 

            Additionally, the group is trying to find out where the Marine Operator Facility Permit stands and if there are any meetings to discuss the permit restraints.

            Regarding urban infill group, they talked about the bridge crossings and want to work closely with them concerning these issues. 

            Mr. Murley suggested that if there is a meeting held with MDX that there should be a joint meeting of the two committees.  Mr. Miller said that there are numerous crossings.  MDX is one and Metro Rail is another, FDOT is possibly another and it very confusing. 

            H.  Grant Investigation/TIF Committee - Brett submitted the Community Grant and the Tourist Development Council Grant application for Miami River Day 2002, very similar to what was done last year. 

V.   New Business -

            Sandy O’Neil wanted to thank Senator Graham’s office for holding a very comprehensive briefing for the community regarding security and intelligence related matters.  There were concerns about River security as well.

            Mr. Parks said that the MRC needs to make it known to the law enforcement agencies that are involved with security, that the MRC would like to assist and help as much as it can.  Mr. Parks asked Gary Winston to advise them of that.

            David Miller said that October 6 will be the “final crossing” of the Second Avenue Bridge and then the bridge will be demolished and a “new” Second Avenue Bridge will be constructed.  There will be a ceremony for the final crossing and the MRC has been invited to be one of the speakers.  Basically, the ceremony will involve walking over the bridge and then some short speeches.  The new bridge will be completed in two years.

            Mr. Miller said that the MRC web site is working and it has a lot of information.  The website is located at www.miamirivercommission.org”.  The site is linked with TPL and numerous other groups involved with the river.

IV. Adjournment 

There being no further business to come before the meeting, the meeting adjourned at  1:45 p.m

_______________________________Recording Secretary

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