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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

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The Miami River Commission Executive Committee was called to order at 8:00 AM at Greenstreets Café located at 3468 Main Highway, Coconut Grove.

Phil Everingham opened the meeting.  The first item concerned improvement of the MRC’s public outreach.  David Miller stated that Jerry Fernandez felt that this was a very important issue and wanted to discuss it at the executive committee meeting.  (Unfortunately Jerry was unable to attend.)   A short discussion ensued with the suggestion that David get together with Jerry Fernandez and seek ideas including looking into professional assistance.  Dusty Melton suggested the group must answer the following questions first:  1.  Who is the target audience?   2. What is the budget for this outreach program?   Bob Parks suggested that the audience is local and in Tallahassee.  Additionally, Bob suggested sending a MRC information package to Ms. Sosa, the newly elected County Commissioner and Dick Bunnell added that a package should also go to new Commissioner, Mr. Martinez.  Dusty suggested that a smaller group look at other outreach ideas and the group would include Dusty Melton, Jerry Fernandez, Phil Everingham and David Miller.  Brenda Marshall added that TPL has a similar need for the Miami area and can partner with the MRC.

             The next item concerned derelict and Customs seized vessels and there removal.  David reported that Customs turned over 3 seized vessels to Miami-Dade County and the county entered into an agreement with Atlantic Gamefish Foundation, Inc. a not for profit 501 (c) (3) organization.  The Gamefish Foundation will clean the vessels for sinking in the artificial reef program and as a 501 (c) (3) organization can accept tax-deductible donations to help clean and sink the vessels.  David wanted to know if the MRC would be interested in assisting in this type of program with future vessels, as we are also a 501(c) (3) organization.  The MRC has been contacted by West Palm Beach and Broward County as they are also seeking vessels for their artificial reef programs.  The committee wanted to review the specific agreements before rendering a decision.  David will obtain and provide these documents for a future meeting.  Phil Everingham offered to have an admiralty attorney review the documents/contracts and provide a recommendation to the MRC.

            The next item concerned the approval of the scope of services for the urban infill plan development.  Comments received regarding the first draft were reviewed and discussed by Jim Murley.   Discussion ensued and all comments were addressed and entered into the scope of services.  Jim Murley moved that the revised scope of services be approved and that Mr. Parks be authorized to sign the contract.  It was seconded by Phil Everingham and passed unanimously.

The next issue was a discussion and decision of the proposed art auction.  Bob Parks said it was a two-part discussion.  First part being, do we in any way jeopardize the MRC’s 501 (c) (3) qualification and the second being asked by Gary Winston, is it ethical for our organization to lend our name to this art auction.  Tom Parker advised that he has focused his legal research on the IRS issue and also the state issue, specifically as it applies to the power and statute that created the MRC.   Tom reported that there is no problem with the IRS issue, provided we comply with the proper notice and provide a full disclosure to the public of where the auction funds will go, specifically the “for profit” issue and the 501 (c) (3) charitable donation.  Concerning the state issue, Tom looked for a prohibition in the statutes and found none.  He reviewed various State Attorney General opinions and found that there are opinions that government agencies should not go into business with for profit entities.  He added that there is recognition by the court system that any activity a government agency takes may involve private interests where they are going to make money and he used the dredging project as an example.  Another simple example is that if the MRC had a brownie sale to raise money for a project and hired someone to sit and sell the brownies, that person would be a for profit entity.  Tom sees no problem with the art auction being partially for profit and partially for a charitable organization.  Tom stated he did not find a lot of law on the issue.  There is a prohibition against spending public funds for private interest; however, Tom stated this is not the case with the proposed art auction, as the MRC is not spending any money.  Gary Winston stated he was not familiar with 501 (c) (3) issues, but with respect to the state, Gary stated that government only does what it is specifically delegated to do.  Since there is no delegation then we should err on the side of not doing the auction.  Gary also thought it was a possible problem with three members of the MRC voting for the art auction yet those MRC members are also members of the Miami River Marine Group (MRMG) and that may be a conflict of sorts.  Bob Parks noted that the enabling legislation does not allow MRC members to abstain on voting on issues before the MRC.  Gary wanted to know if it was wise to enter into this art auction and suggested we request a State Attorney General opinion on this issue or not get involved with the art auction.  Discussion ensued.  (A short side discussion brought up the issue of MRC members completing financial disclosure forms and David said he would follow up on ensuring financial disclosure forms were provided to all members.)  Phil Everingham made a motion that the MRC approve and go forward with the art auction as described in Dr. Bohnsack’s proposal.  Dick Bunnell seconded the motion and it passed with a majority vote. (Jim Murley, Dick Bunnell, Phil Everingham voted FOR; Gary Winston, Robert Parks voted AGAINST)

Brenda Marshall provided a report concerning the Knight foundation grant of $2.5 million to TPL for the riverwalk/greenway specifically between I-95 to 12^th Avenue Bridge.  Brenda would like to leverage these funds with matching grants.  Additionally, she would like to very quickly develop a section of the riverwalk and then have some sort of celebration to recognize and the construction for greater public outreach.

David gave a financial overview of the MRC funds and provided a two-page summary of the various different grants.  One grant, the FDEP grant for Preliminary Coordination of Dredging, expires in September 2001.  David suggested that the executive committee will need to decide whether to expend the funds or seek a second extension of this particular grant.  Bob Parks would like David to make recommendations at the next meeting concerning this fund.  Discussion ensued about how the bank account was set up and the need to set up separate accounts for grant funds.  Discussion ensued but no decision was made due to a lack of quorum. 

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