JOIN US!!
For more information, contact us via email at mrc@rsmas.miami.edu

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
Email:
  mrc@rsmas.miami.edu

MONDAY
Oct. 3, 2005
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Miami River Commission (MRC) Chairperson Irela Bagué convened the MRC meeting at noon , Monday, October 3, 2005 , Robert King High, 1407 NW 7^th Street , New Board Room, Miami, Florida .

• Chairperson Irela Bagué, South Florida Water Management District (SFWMD)

• Phil Everingham, President of the Marine Council, MRC Vice-Chair

• Betty Gutierrez, designee for County Commissioner Bruno Barreiro

• Dana Nottingham, Executive Director of the Downtown Development Authority

• Ernie Martin, Neighborhood Representative, appointed by City Commission

• Sallye Jude, Neighborhood Representative, appointed by County Commission

• Charles Morton, Chair of the Miami River Marine Group

• Captain Beau Payne, Designee of the MRMG (arrived during Agenda Item 4)

• Eric Buermann, Member-at-Large, appointed by Office of the Governor

• Eddie Rodriguez, Appointed by Miami -Dade Commission, designee

• Steve Wright, designee for City Chairman Joe Sanchez

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

Others attending interested in the River:  

• Tony Garrastazu, Office of the Governor

• Jim Murley, Florida Atlantic University

• Trisha Stone, South Florida Water Management District

• Carlos Espinosa, Miami-Dade Dept. of Environmental Resource Management

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

• Gil Pastoriza, WSH Law

• Estrella Sibila, WSH Law

• Fidel Perez, architect   

• Hannah Kirsch, Edgecombe Group

• Alma Llinas, Keyes Realty

• Mario Hernandez, Alimar at the River

I. MRC Chairperson Report:    

Chairperson Irela Bagué asked to entertain a motion on the MRC’s September 12, 2005 meeting minutes. Dr. Ernie Martin noted two corrections to the MRC’s September 12, 2005 meeting minutes, including “Congressman” Meek, instead of “Congresswoman” and NW 12^th “Avenue” Bridge instead of NW 12^th “Street” Bridge. MRC staff agreed to incorporate the revisions in the September 12, 2005 MRC meeting minutes. Ms. Sallye Jude moved to approve the revised MRC’s September 12, 2005 minutes.  The motion was seconded by Vice-Chair Phil Everingham, and unanimously adopted.

Chairperson Bagué stated she was pleased to announce that the SFWMD has appropriated $250,000 for the continued operations of the MRC.  On behalf of the MRC, Brett Bibeau thanked Chairperson Bagué, and the SFWMD, for their continued support.

On behalf of the MRC, Chairperson Bagué thanked Commissioner Barreiro for accepting her invitation to Co-Chair the Miami River Commission's Economic Development and Commerce Subcommittee, sponsoring the appropriated $100,000 for the Scavenger 2000 De-pollution Vessel services on the Miami River , and sponsoring the appropriated $20,000 for Miami River Environmental Educational Boat Tours.  Chairperson Bagué added that Commissioner Barreiro’s continued support has been integral to the revitalization of the Miami River Corridor.

Chairperson Bagué reminded MRC board members and meeting attendees that the MRC’s retreat has been confirmed for a half-day on Friday, October 28, on Ft. Lauderdale ’s Riverwalk, followed by a full-day retreat on Friday, November 4, in the Hyatt adjacent to the Miami River Greenway. The retreat will focus on the future maintenance, security and special event planning for the Miami River Greenway.  Chairperson Bagué stated she was personally requesting everyone’s attendance at this important event.

Chairperson Bagué noted the “3^rd Annual Update” to the Miami River Corridor Urban Infill Plan will commence in November with a series of public workshops, including but not limited to:

• “ Lower River ” ( Biscayne Bay to the 5^th Street Bridge): Wednesday, November 2, 2005 ; 6:00 - 8:00 PM ; Jose Marti Park Community Center , 351 SW 4 ST, Miami , FL

• “ Middle River ” ( 5^th Street Bridge to 22^nd Ave Bridge): Tuesday, November 8, 2005 ; 6:00 – 8:00 PM ; Miami-Dade County Housing Agency, 1407 NW 7 ST, New Board Room, Miami , FL 33125

• “Upper River” (22^nd Ave Bridge to the Salinity Dam): Wednesday, November 16, 2005; 6 – 8 PM; Curtis Park Community Center; 1901 NW 24 Ave, Miami, FL

Chairperson Bagué stated the MRC is coordinating 5 volunteer clean-up and beautification projects, in partnership with Hands on Miami and the University of Miami , which include landscaping, mural painting, and removal of litter removal.  Chairperson Bagué added informational flyers with the date, times, and locations for the upcoming volunteer Miami River beatification projects are available.

Chairperson Bagué announced that Roman Gastesi has left Miami-Dade County for the private sector.  Roman served as the designee for Mayor Penelas and Mayor Alvarez.  Chairperson Bagué added, per Mayor Alvarez’ request, she and Brett Bibeau, MRC Managing Director, had recently provided him with a Miami River tour aboard a P&L tug boat, thanks to the generosity of Capt. Beau Payne. In addition, Mayor Alvarez was informed of the need to nominate a new designee.

Per the MRC’s unanimous direction during the September MRC meeting, Chairperson Bagué noted she would like to present former volunteer board member Dick Bunnell with a gift as a token of the MRC’s appreciation for his continued efforts and dedication to improve the Miami River . Mr. Bibeau noted that Mr. Bunnell was unable to attend the meeting, and the MRC board, therefore, agreed to defer the gift presentation to next month. The MRC agreed to present Mr. Gastesi with a gift next month as well. 

II.  Presentation of Hazen & Sawyer “Biscayne Bay Economic Study”- Chairperson     Bagué introduced Dr. Grace Johns, Hazen & Sawyer, to present the recreational and economic impacts of the Miami River, as illustrated in the April 2005 “Biscayne Bay Economic Study”, commissioned by the SFWMD.  Part I of the “Biscayne Bay Economic Study,” noted Dr. Johns, estimates the intensity of Biscayne Bay from 1980 to 2004 and estimates the economic contribution of Biscayne Bay and Miami River uses to the economics of Miami-Dade County, southeast Florida and Florida from 1980 to 2004 in terms of direct, indirect and induced sales, income, employment and tax revenues generated by the uses of the Bay.

The report, added Dr. Johns, pinpoints the Miami River as a vital engine for international trade and the Marine industry, contributing to the economic diversity of Miami-Dade County , southeast Florida and Florida through its many recreational, shipping and commercial fishing businesses.

According to the economic analysis’ PowerPoint presentation:

• The value of cargo shipped into and out of the Miami River is about $4 billion, representing 8% worth of goods passing through Florida ’s seaports
• The $353 million in sales of businesses that directly depend on the Miami River generated $683 million in additional county production; provided $339 million in income to county residents, created 6,100 jobs and produced $37 million in tax revenues.
• Waterborne commerce at the Miami River generated $805 million in output, $406 million in income, 6,700 jobs, and $44 million in tax revenues, in southeast Florida .
• Waterborne commerce at the Miami River generated $842 million in output, $427 million in income, 7,500 jobs and $45 million in tax revenues, in the State of Florida .

Mr. Bud Morton, MRC, noted that cargo shipping services through the Miami River dropped off between 2001 and 2002, partially due to the economic dip after 9/11.  Mr. Morton noted the Miami River ’s shipping terminals are compliant with the required port security measures, and he expected to see cargo shipping services recover and grow following the maintenance dredging of the Miami River . Dr. Johns supported his observations.

Mr. Dana Nottingham, MRC, expressed his surprise of the profound economic contribution of Biscayne Bay ’s recreational opportunities, and asked if there is an organization monitoring Biscayne Bay .  Dr. Fran Bohnsack, Miami River Marine Group, stated she is an active member of the Biscayne Bay Regional Coordination Committee, a non-for-profit group aimed at protecting Biscayne Bay .  Chairperson Bagué added that this entity is the creator of “Discover Biscayne Bay,” a citywide program increasing public awareness and fostering community support of Biscayne Bay .

Dr. Fran Bohnsack asked Dr. Johns why the data recorded in the final report - relating to the river’s economic contributions and the number of jobs it creates - was considerably lower than the released final draft of the analysis. Dr. Johns responded that the “ITRT” assumptions in the draft analysis were replaced with a more conservative and defendable analysis methodology, which may under-estimate the Miami River ’s true economic value.

Vice-Chair Everingham asked if the MRC had obtained a response from the City of Miami regarding the “Biscayne Bay Economic Study,” and Chairperson Bagué responded that MRC staff and herself were currently coordinating meetings over the next couple months with elected officials to present the report’s significant findings.  Chairperson Bagué noted the study is significant for anyone who questioned the value of the Miami River ’s Marine Industry, because it clearly indicates its positive economic impacts.  Bagué stated the Miami River has always been a working river, which the MRC is trying to maintain with a balance of uses.  Chairperson Bagué respectfully requested the EDC’s new co-chair, County Commissioner Bruno Barreiro, to assist in forwarding the reports findings to the appropriate city and county leaders.

Chairperson Bagué thanked Dr. Johns for her presentation. Dr. Johns noted that copies of the report would be made available upon request.

III. Presentation of Proposed Project, “River Oaks,” 1951 NW South River Drive- Chairperson Bagué introduced Mr. Gilberto Pastroiza, WSH Law, to present the proposed “River Oaks” residential development. Mr. Pastoriza introduced the project’s architect, Mr. Fidel Perez. Mr. Pastoriza explained that the City of Miami had advised him to obtain input from the MRC regarding the proposed project and its application for a Class II Special Permit. Mr. Pastoriza added on September 16 he had presented the proposed project to the MRC’s Urban Infill Working Group, which found it consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.

The project, noted Mr. Pastoriza, is located on the south shore of the Miami River’s “south fork,” within the area described in the Miami River Corridor Urban Infill Plan as “West Little Havana/Durham Park,” to the west of Sewell Park, “Terrazas River Park Village” and a town home residential project, and to the east of a large marine industrial site. Mr. Pastoriza stated the currently vacant subject property consists of approximately 2.37 acres of NET lot area, and is classified by the City of Miami Historic and Environmental Preservation Board as a “tree preservation” area.  Mr. Pastoriza stated the

project was therefore reviewed and approved by the City of Miami ’s Historic and Environmental Preservation Board, and several trees on the site were marked for preservation.  The presented design consists of a 22-story building, with 199 residential units, and the structure is fully facaded on all four sides.  Mr. Pastoriza stated that no FAR bonuses, PUB bonuses, or affordable housing bonuses, were calculated into the FAR.  Mr. Pastoriza stated the potential developers submitted a Miami-Dade Department of Environmental Resource Management (DERM) Class I Permit for a recreational marina area. Mr. Pastoriza noted the project includes a publicly accessible riverwalk, connecting via a publicly accessible “nature walk” to an “on-road” greenway section planned along South River Drive .  Mr. Pastoriza noted the possibility to extend the publicly accessible riverwalk in the future to provide connectivity to neighboring parcels.  Mr. Pastoriza stated per the UIWG’s suggestion, the architect agreed to widen the unobstructed riverwalk’s pedestrian path from 12 to 16 feet, and widen the “on-road” greenway’s unobstructed pedestrian path from 5 to 8 feet.

Mr. Pastoriza stated that Mr. Perez was willing to answer any questions about the proposed project.

Chairperson Bagué thanked Mr. Pastoriza for the presentation, and asked Mr. Jim Murley, Chair of the UIWG, to provide an overview.  Mr. Murley referred to the UIWG’s September 16 minutes and review of the proposed development.  Mr. Murley stated the MRC heard a presentation regarding the subject property in 2000, and recommended denial of the land use and zoning amendments, from SD-4, Marine Industrial to R-4, Residential without a site plan, which were subsequently approved by the Miami City Commission.

Mr. Murley invited Dr. Ernie Martin, Chair of the MRC’s Greenways subcommittee, to present his findings of the subject property.  Dr. Martin referred to the MRC’s enlarged aerial photograph of the surrounding area, and noted the two-story townhome immediately adjacent to the subject property and the single-family residential Durham Park neighborhood directly across the South Fork.  Dr. Martin stated the high-density of the proposed development is out of scale and character with the surrounding neighborhood areas.  Dr. Martin explained he believes upon its completion the “ Miami 21” Master Plan will remedy this sort of inappropriate development, by stepping down densities adjacent to low density neighborhoods.  Mr. Pastoriza replied that the proposed development would not create a visual impairment to its Durham Park neighbors, since they will be looking onto the Miami River Greenway area and a marina.  Mr. Pastoriza noted two parcels to the east of the “River Oaks” site, the “Terraza’s” project is under construction, which the MRC found to be consistent with the Miami River Corridor Urban Infill Plan, and is 27 stories versus the subject project’s 20 stories.  In addition, Mr. Pastoriza stated the project’s cove and marina area created an additional building setback from the Durham Park neighborhood on the opposite side of the South Fork waterway.

Mr. Murley stated on September 16, 2005 the UIWG found the proposed project plans to be consistent with both the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, based on the sites current land use and zoning.  Murley noted the dilemma the MRC was in, having previously recommended denial of the site’s approved land use and zoning amendments.

Mr. Bibeau noted he had recently visited the site of the proposed project, and asked if the presented rendering depicting a new seawall, which is currently in disrepair, is included in the Class II Special Permit Application.  Mr. Pastoriza replied he was not sure.

Vice-Chair Everingham expressed concern over the ongoing loss of marine land, and stated when presented with developments in the future seeking land use and zoning amendments from marine industrial to residential, he will be unwilling to vote in favor of such recommendations.  Mr. Pastoriza replied that the subject property is located within the Tree Preservation district, which makes it difficult for a marine industrial business to occupy, because some of the trees are required to be preserved. 

Ms. Sallye Jude, MRC, expressed concern over traffic congestion within the area, and Mr. Pastoriza replied that although not required, the project developers had commissioned a traffic study, which concluded that the proposed development would not negatively impact the isolated surrounding streets.

Mr. Eric Buermann made a motion to find “River Oaks” consistent with the Miami River Corridor Urban Infill Plan, the motion was seconded by Dana Nottingham, and failed by a tie vote 5-5.

IV.    Committee Reports

a. Dredging Working Group – Mr. Eric Buermann, MRC Dredging Subcommittee Chair, stated dredging within the awarded Acceptance Sections 1-6 of 15 will complete in October 2005, which represents 40% completion of the entire project.

Mr. Buermann noted the Miami River maintenance dredging project’s 31% local cost share has been secured, therefore the Dredging subcommittee is working on obtaining the federal cost share balance due.  Mr. Buermann stated that during September, he and Mr. Bibeau had spoken with Governor Bush, about the project being in jeopardy of a temporary demobilization, and the Governor kindly pledged his assistance towards avoiding a temporary demobilization by assisting in the efforts to secure the federal cost share balance due in FY ’06, and ensuring the project will be included in the President’s FY ’07 budget request.  In addition, the dredging subcommittee will be asking several local elected officials to write letters in support of the federal government appropriating the remaining portion of the pledged federal cost share.

Mr. Buermann stated the MRC Dredging Subcommittee acknowledges the difficulty to secure the approximately $26.7 million federal balance due in FY’06, yet is extremely grateful to Congresswoman Ros-Lehtinen, the Dade Delegation, and Governor Bush, for doing everything in their power to obtain the maximum appropriation feasible for the project in FY ’06.

Mr. Buermann noted the Dredging Subcommittee’s regularly scheduled publicly noticed meetings continue to be held at Robert King High on the third Wednesday of every month, 10 AM, therefore the next meeting is on October 19.

b. Miami River Corridor Urban Infill Plan- Mr. Jim Murley, MRC Urban Infill  Working Group Chair, stated the drafted Miami-Dade County Marine Industrial Zoning Ordinance, recommended by the MRC, is going through final revisions, before being presented to the Board of County Commissioners in December 2005. Mr. Murley noted the Scope of Services for the MRC recommended Miami River Corridor Multi-Modal Transportation Study is scheduled to be considered by the MPO on October 11, 2005 . Mr. Murley added the UIWG is scheduling a Miami 21 presentation, which would be followed by a presentation at the MRC’s subsequent meeting.

Mr. Murley noted the EDC is scheduled to hear a presentation regarding the Earlington Heights Metro-Rail Connection to the MIC, which includes a proposed fixed bridge in the Upper River area with a forty-foot vertical clearance. Mr. Murley noted the proposed fixed bridge effectively includes a shortening of the Miami River ’s Federal Navigable Channel to fulfill a fixed bridge requirement of a minimum 75-foot vertical clearance.  The item will be presented to the MRC on November 7, 2005 .

Mr. Murley stated the next UIWG publicly noticed meeting is scheduled at Robert King High on October 25, at 3pm .

Chairperson Bagué thanked Mr. Murley for his continued excellent volunteer work as Chair of the MRC’s UIWG.

c. Greenways subcommittee – Dr. Ernie Martin, MRC Greenways Subcommittee Chair, stated that Miami River Greenway sections remain under construction. Dr. Martin noted the Greenways Subcommittee continues to meet with representatives from the City, County and TPL, regarding regular maintenance, security, and special events for the Miami River Greenway.

Mr. Bibeau stated MRC staff had included documents pertaining to Greenways such as: “Governing Greenways,” by the Trust for Public Land , an outline of Public Parks/Open Spaces, and action items of the Miami River Greenway Action Plan in the MRC October mail-out to prepare for the MRC scheduled retreat.

Mr. Buermann noted although potential developers voluntarily profer public access to their planned riverwalk areas, he was interested in having the Greenways subcommittee research the concept of covenants that run in perpitutity with the land, to ensure the Greenway’s public access.  Ms. Sallye Jude questioned whether the developers promise to have public access to their riverwalk areas carries over when the condominium association takes control of the property, and therefore agreed with Mr. Buermann’s recommendation to research covenants, and or public easements, for the riverwalk’s public access, maintenance, and security.  Chairperson Bagué asked Steve Wright, designee for City Commission Chairman Sanchez, for his opinion on the recommendation, and Mr. Wright replied he felt further research into the concept was appropriate.  Therefore, Chairperson Bagué replied the concept would be further studied and discussed during the upcoming MRC Miami River Greenways Governance Retreat.  Dr. Martin agreed for the Greenways subcommittee to further research the issue, and Ms. Betty Gutierrez, designee for County Commissioner Bruno Barreiro, agreed to look into the related legal issues.  Mr. Buermann stated a covenant guaranteeing public access to the riverwalk should be a key requirement for the MRC to find a presented riverwalk to be consistent with the Miami River Greenway Action Plan.

Dr. Martin stated the next publicly noticed Greenways Subcommittee meeting is scheduled at Robert King High on October 12, at 10 am .

d.   Stormwater Subcommittee –Ms. Sallye Jude, Co-Chair of the MRC’s Stormwater Subcommittee, stated the City of Miami Capital Improvement Project Department has agreed to include dredging within the Seybold Canal , along with their plans for Wagner Creek Dredging Phases IV and V.  Chairperson Bagué stated she had requested a meeting with the City Manager to discuss the Wagner Creek / Seybold Canal dredging project.   

Ms. Jude noted the Stormwater Subcommittee continues to provide intergovernmental coordination for the agencies involved in setting new water quality parameters, known as Total Maximum Daily Loads (TMDL) for Wagner Creek, followed by the Miami River .  The creation of TMDL’s also requires the creation of master plans outlining the planned projects designed to achieve the new water quality parameters.

The next Stormwater Subcommittee’s regularly scheduled first Wednesday of the month publicly noticed meeting is scheduled for October 5, 10 AM , in the Miami River Inn, 118 South River Drive .

e.   Economic Development and Commerce (EDC) Subcommittee – On behalf of EDC Chair Ms. Megan Kelly, Mr. Bibeau thanked and welcomed County Commissioner Bruno Barreiro as the EDC’s new co-chair. On behalf of Commissioner Barreiro, Ms. Gutierrez thanked the MRC for the honor.

Mr. Bibeau stated the EDC continues to brief the City and County on the “Working Waterfronts” legislation recently adopted by the Florida Legislature.  The “Working Waterfronts” Legislation allows the City and County Commissions to adopt ordinances providing economic incentives for Marine Industrial businesses.

Mr. Bibeau noted that in October, the EDC is scheduled to hear a presentation regarding the new Central American Free Trade Agreement (CAFTA) and its impacts on the Miami River ’s 24 certified international shipping terminals.

Mr. Bibeau added that one new Recreational Boatyard and two new International shipping terminals are opening in the near future on the Miami River .  Dr. Fran Bohnsack, Miami River Marine Group, stated the owner of the new recreational boatyard was present at the meeting.  Mr. Bibeau welcomed Mr. Mario Hernandez, owner of the “Alimar at the River” boatyard and marina for vessels less than 35 feet.  Mr. Hernandez noted he is currently experiencing difficulty in obtaining boat slip permits on the property, and Ms. Gutierrez recommended that he contact Mr. Carlos Espinosa, DERM, for assistance on that issue. Ms. Ashley Chase, MRC Assistant Managing Director, provided Mr. Hernandez with the Miami River Marine Industries Symposium book, which includes detailed information on the available economic incentives for Miami River marine industrial businesses. Mr. Hernandez thanked the MRC.

Mr. Bibeau stated the next publicly noticed EDC meeting is scheduled at Robert King High on November 14, 3 PM .

f.  Miami River Safety Committee – Dr. Fran Bohnsack, Miami River Marine Group, stated the Federal Transportation Security Administration awarded a $1.6 million grant for the City and County Marine Patrol to purchase additional boats for use on the Miami River .  In addition, Dr. Bohnsack reported the Miami River will conduct a “Multi-Modal” port security training exercise on February 1, 2006 .     

I.  New Business –  The meeting adjourned.

IV. Adjournment 

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

_____________________________Recording Secretary

     HOME      CALENDAR       ABOUT THE RIVER         ABOUT THE COMMISSION       DREDGING      GREENWAYS    URBAN INFILL PLAN  
     STORMWATER RETROFITTING   MINUTES OF MEETINGS      LINKS