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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

  MIAMI RIVER COMMISSION
  GENERAL COMMITTEE MINUTES:
 
Minutes of meeting

MONDAY
June 6, 2005
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Miami River Commission (MRC) Chairperson Irela Bagué convened the MRC meeting at noon , Monday, June 6, 2005 , Robert King High, 1407 NW 7th Street , New Board Room, Miami , Florida .

Miami River Commission Policy Committee members and/or Designees attending were:
  • Chairperson Irela Bagué, South Florida Water Management District

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

  • Steve Wright, designee for City Commissioner Joe Sanchez

  • Betty Gutierrez, designee for Miami-Dade County Commissioner Bruno Barreiro (arrived during agenda item III)

  • Roman Gastesi, designee for Mayor of Miami-Dade County Carlos Alvarez

  • Ernie Martin, Neighborhood Representative, appointed by City Commission

  • Sallye Jude, Neighborhood Representative, appointed by Miami-Dade County Commission

  • Charles Morton, Chair of the Miami River Marine Group

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

  • Megan Kelly, designee for the Greater Miami Chamber of Commerce

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

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

Others attending interested in the River:  

  • Evan Skornick, South Florida Water Management District

  • Carlos Espinosa, DERM

  • Tim McIntosh, DERM

  • Jim Murley, Florida Atlantic University (FAU), Cantenese Center

  • Dianne Johnson, City of Miami

  • Lavinia Freeman, Trust for Public Land

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

  • Gwin Tate , U.S. Coast Guard

  • Jodaly Eiriz, Antillean Marine

  • Reynaldo Borges, Borges & Associates

  • Jeff Papell, Rio Lofts developer

  • Dan Ricker, Watchdog Report

I. MRC Chairperson Report:    

On behalf of the Miami River Commission (MRC), Chairperson Irela Bagué welcomed Mr. Eric Buermann, whom has been appointed as Governor Jeb Bush’s “Member at Large” MRC seat, previously held by former Chairman Bob Parks. Chairperson Bagué stated she looked forward to working with Mr. Buermann, and thanked Governor Bush for making his appointment. Mr. Buermann thanked Chairperson Bagué.

Chairperson Bagué asked to entertain a motion regarding the MRC’s May 2, 2005 meeting minutes. Vice Chairman Phil Everingham moved to approve the May 2, 2005 MRC meeting minutes, the motion was seconded by Ms. Sallye Jude and unanimously adopted.

Chairperson Bagué reminded board members and meeting attendees that everyone has been invited to the Tuesday, June 7, 2005 Miami River boat tour. The event, which recognizes the South Florida Water Management District’s (SFWMD) support of the MRC, will debark from the Hyatt Regency’s riverwalk, 400 SE 2nd Avenue at 6 pm and return at 8:15 pm . She encouraged those who had yet to RSVP to do so by contacting MRC staff. Miami River district elected officials from the Dade Congressional Delegation, Florida Legislature, Miami-Dade County , City of Miami , Waterfront Advisory Board and the Florida Inland Navigation District would also be recognized for their support during the pleasant sunset cruise, added Chairperson Bagué.

Chairperson Bagué noted that the MRC’s regularly scheduled, publicly noticed meetings are held on the first Monday of the month. Yet, since the next MRC meeting falls on Monday, July 4, 2005 , a national holiday, the meeting date has been rescheduled to the following Monday, July 11, 2005 , noon , Robert King High, 1401 NW 7 ST Chairperson  Bagué added that the MRC does not meet in August.

Chairperson Bagué stated she was pleased to announce the 1,000 Friends of Florida, a non-profit organization, is honoring the Miami River Commission with the 2005 “Better Communities Award” to recognize the creation and implementation of the Miami River Corridor Urban Infill Plan.  Chairperson Bagué noted the MRC’s Executive Committee has placed the award presentation on the MRC’s July 11, 2005 meeting agenda, and thanked MRC staff for their continued efforts in updating and implementing the MRC’s adopted strategic plan of River improvement initiatives.

Chairperson Bagué stated the MRC’s tentatively scheduled retreat has been rescheduled to a half-day on Friday, October 21, on FT Lauderdale’s Riverwalk, followed by a full day on Friday, October 28, on the Miami River Greenway.  The retreat will focus on the future role of the MRC, including the potential to coordinate maintenance, security and special events for the Miami River Greenway.

On behalf of the MRC, Chairperson Bagué thanked Miami-Dade County who is currently executing the MRC’s office lease agreement, which was approved by the MRC’s Executive Committee on May 25, 2005 .  MRC staff is scheduled to move into an office space in the Robert King High riverfront facility, 1407 NW 7 Street, on July, 1, 2005 .  

II.  Presentation of “ Havana River Lofts,” 528 NW 7 Ave.

Chairperson Bagué opened discussion on the item by asking Mr. Reynaldo Borges, Borges & Associates, to present “Havana River Lofts”, and noted the subject property on an enlarged aerial photograph.  Mr. Borges stated the proposed loft-style residential development located on the Seybold Canal at 528 NW 7 Avenue, to the northwest of the NW Fifth Street Bridge, and across from Spring Garden ’s Point Park . Mr. Borges stated the property is currently zoned Liberal Commercial (C-2), which allows a maximum building height of 120 ft (10 stories) and 63 total units for the subject property. Borges stated the project had been renamed “ Rio Lofts” and will feature 28 units (7 stories, including the ground floor), therefore a land use and zoning amendment will not be required. Given the project’s proposed height and low density, Mr. Borges noted that the developer would be applying for a Class II Special Permit, not a Major Use Special Permit (MUSP). Mr. Borges explained the project’s right-of-way alignment along NW 7th Avenue is consistent with the Florida Department of Transportation’s (FDOT) plans to replace the NW 5th Street Bridge. Mr. Borges stated the proposed project’s plans have undergone and received the first round of comments from the City of Miami ’s Internal Design Review Committee. Mr. Borges stated he would like to receive additional comments from the MRC before submitting the project’s plans for the second round of Internal Design Review. Mr. Borges noted the proposed project will have beautiful views of Point Park , the Seybold Canal and the Miami River , and is located adjacent to a commercial fishing business. Mr. Borges stated he and the project developer had recently initiated conversations with the adjacent business owner in order to combine the parcels for residential development, yet no agreement was reached.  Borges stated it would be simple in the future to incorporate a residential use at the existing commercial fishing business property, located on the Miami River immediately west of the NW 5 ST Bridge. Mr. Borges stated there still existed a possibility to combine both properties in the future, but explained that the “Rio Lofts” developer intended to advance with his project in the meantime.  Mr. Borges stated that a recreational boatyard currently resides North of the proposed project, but to his understanding, the property had recently been involved in a real estate transaction.  Ms. Sallye Jude, MRC, asked Mr. Borges for prices of the proposed loft project units, and Mr. Borges responded that prices, as of yet, had not been specifically defined but noted they would be affordable and “price-sensitive.” Mr. Jeff Pappell, who introduced himself before the MRC board as the project’s developer, stated that prices would not go above $400,000.

Chairperson Bagué asked Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group (UIWG), to state his findings of the proposed project. Mr. Murley referred to the UIWG’s May 19, 2005 minutes and “Technical Review Report,” which state, The UIWG found the Miami River Corridor Urban Infill Plan’s zoning and land use related recommendations for this particular area, including creation of a new ordinance to permit a “water-dependant commercial or industrial uses, with associated mixed-use development”, which may include a residential component, and the recommendation to designate a Neighborhood Conservation District, which would include the “Havana River Lofts” site, have not been approved by the City of Miami, and “Rio Lofts” is consistent with the site’s existing C-2 zoning and land use.  Therefore, the UIWG recommended the MRC work with the potential developers to ensure the proposed “Havana River Lofts” project is compatible within its surrounding area and determine whether it is consistent with existing code, such as the Spring Garden Historic District”, and consistent with the Miami River Corridor Urban Infill Plan. Chairperson Bagué thanked Mr. Murley.

Chairperson Bagué asked Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, to state his recommendation on the proposed “Rio Lofts” project. Dr. Martin noted Mr. Borges had presented the proposed project’s plans before the Greenways subcommittee on June 2, 2005 . Dr. Martin explained consistent with the Miami River Greenway Action Plan all-previous new development cases have agreed to provide a publicly accessible riverwalk and an on-road greenway, and the Greenways subcommittee has never made an exception to that recommendation. Though there is an on-road greenway planned and funded by FDOT for NW 7th Avenue from the new NW 5 ST Bridge to the “ Humpback Bridge ” over the Seybold Canal , the GSC determined the proposed project to be inconsistent with the Miami River Greenway Action Plan, because it does not provide a publicly accessible Greenway along the waterfront.

Mr. Charles Morton, noted that the proposed project was not actually located on the River. Dr. Martin replied the subject property abuts the Miami River Greenway as it proceeds north along NW 7 Ave, parallel to the Seybold Canal , and according to the MRC adopted Miami River Greenway Action Plan, any project abutting the greenway and located on the waterfront is therefore part of the greenway recommendations.

Mr. Everingham, MRC, stated that during the May 19, 2005 UIWG meeting, he had expressed concern about the ability for a pedestrian to return to the on-road greenway along NW 7 AVE to proceed around the neighboring marine industrial businesses then over the “humpback” bridge in order to proceed west over the Seybold Canal. Dr. Martin noted that the North and South sides of the development proposal have walkways and a waterfront greenway area, yet they are only accessible to owners of the residential units and not publicly accessible.  Dr. Martin noted although the proposed development’s greenway and setback width were narrower than recommended in the Miami River Greenway Action Plan, the Greenways subcommittee was only asking for the currently planned greenway areas to be publicly accessible.  Mr. Everingham asked if it would be possible for the developer to connect the waterfront Greenway with the adjacent commercial fishing business, and Dr. Martin responded that the possibility only existed if the commercial business site were to be redeveloped.

Mr. Morton asked if the project developer if he would consider extending the greenway and providing public access in the future if the adjacent parcels are redeveloped, and Mr. Borges responded that someday the developer might consider the option.  Mr. Borges stated that the project developer is providing 4 feet of internal path between the subject property and the recreational boatyard to the North.

Mr. Borges explained the project developer did not wish to provide public access to his site because of security issues and concerns, but in the future would “look at” the possibility of providing public accessibility. Chairperson Bagué stated she would like the project developer to pledge his commitment to provide public access to the River in the future. Mr. Papell explained that though he liked the concept of increasing public accessibility to the waterfront, he currently would not support the idea, given the “high-crime” nature of the area. Chairperson Bagué noted that in some residential or commercial areas, the public has been allowed to access the riverwalk, not on a “24-7” basis, but from “ Sunrise to Sunset.”  Chairperson Bagué noted that she realized that “Rio Lofts” was trying to attract a “working river” lifestyle, but asked if the project developer had considered the noise and smell of the abutting marine industrial properties and NW 5 ST Bridge. Mr. Papell stated he had indeed taken those factors into consideration and noted he had worked towards a partnership on the project with the adjacent commercial fishing business owner Manny Prieguez, yet Mr. Prieguez’s father wants to maintain the existing fishing business.

Dr. Martin stated he would take his “hat off” as Chair of the MRC Greenways Subcommittee in order to review the project from the perspective of the MRC’s “Neighborhood Representative”.  Dr. Martin explained that the general consensus of the Spring Garden Civic Association (SGCA) is that they wished to avoid the encroachment of high-rises within single-family residential areas, a situation once experienced along Biscayne Boulevard ’s Upper East Side . Dr. Martin noted that on Thursday, June 2, 2005 , the SGCA association unanimously agreed with the Miami River Corridor Urban Infill Plan’s recommendation for the City of Miami to designate a Spring Garden Neighborhood Conservation District (NCD), and therefore felt the “Rio Lofts” proposed development was inconsistent with the Plan.  Dr. Martin added that the SGCA agreed to attend any and all future meetings related to the proposed project in order to express their opposition.

Dr. Martin asked if the 28 parking spaces the developers planned to provide was sufficient to accommodate residents of the 28 proposed residential units, and Mr. Borges responded he was currently discussing that issue with the City’s Planning Department. Mr. Borges added that the developer did not wish to create a bulky parking garage on site, nor did he wish to maximize the density of the proposed project by requesting additional parking spaces. Mr. Borges added that parking security would be provided.

 Dr. Martin noted that Mr. Papell and Mr. Borges’ interpretations of crime within the subject property’s neighborhood were rather skewed. According to recent crime statistics compiled by a City of Miami Police Commander, crime is not a recognized problem within that neighborhood, but merely a perception, noted Dr. Martin. In fact, added Dr. Martin, the subject property is located within one of the lowest crime areas of the City of Miami , and it currently boasts a wonderful community-policing program.

 Charles Morton asked if the potential developers were willing to use the disclosure form in their unit sales closing documents notifying purchasers they are buying property on the Miami River which has marine industrial businesses, and therefore maybe subject to conditions such as noise and smells, as was proffered in previous river corridor development proposals.  Mr. Pappel agreed to include the working river disclosure in their unit sale closing documents.

Chairperson Bagué asked if the proposed project developers would commit to providing public accessibility along their planned greenway areas if the adjacent parcels are redeveloped with a riverwalk, and Mr. Papell replied in that case he would provide public accessibility to the Greenway areas on a limited basis.

Mr. Roman Gastesi, MRC, asked how many boat slips the subject currently provides, and Mr. Papell responded five. Mr. Papell stated he intended to sell the boat slips to unit purchasers.  

Mr. Gastesi made a motion to find Rio Lofts” consistent with the Miami River Corridor Urban Infill Plan, subject to the following conditions: The developer honors its commitment to provide public access to the planned Greenway areas if the neighboring parcels are redeveloped with a riverwalk and to include the “working river” disclosure in the sales documents.  Ms. Megan Kelly seconded the motion.  Before the voting process was initiated, Dr. Martin stated he would vote against the project, since its recommendation for approval would not set a good precedent for the Miami River Greenway or its surrounding neighborhoods. The motion passed 7-4.

III. Presentation of Draft “Miami River Corridor Energy Efficiency and Water Conservation Report”- Consistent with the February 7, 2005 MRC’s unanimously approved amendment to the Miami River Corridor Urban Infill Plan, contained in the 2nd Annual Update to, ““encouraging developments to include alternate sources of energy and water conservation, i.e. solar panels and low-flow showerheads”, Chairperson Bagué stated that Ms. Ashley Chase, MRC Assistant Managing Director, had created and distributed an excellent draft Energy Efficiency and Water Conservation Report. Ms. Jude noted that Ms. Chase’s report was well executed, and recommended summarizing the report into a brochure as well.  Chairperson Bagué noted the report would be distributed to all Miami River developers, upon the MRC’s approval. Chairperson Bagué added that the MRC was considering hosting a Miami River Development Summit to educate future developers on energy efficient products and water conservation appliances, and encourage there use in the development of the thousands of residential units planned along the Miami River. Vice Chairman Phil Everingham moved to approve the Energy Efficiency and Water Conservation Report, the motion was seconded by Ms. Sallye Jude and unanimously adopted.

IV.  Presentation of Draft “ Miami River Urban Design Center Feasibility Study” Chairperson Bagué stated that Ms. Ashley Chase had created a draft “Miami River Urban Design Center Feasibility Study” at the request of Miami-Dade County , which had been recommended for approval by the MRC’s UIWG. Ms. Betty Gutierrez stated that Commissioner Bruno Barreiro had met with the County Manager earlier that morning to discuss the proposed site of the Urban Design Center . Ms. Gutierrez noted that the existing use of the property would need to be relocated, and disclosed that the Commissioner, the County Manager and GSA representatives would conduct a tour of the site within the next two weeks to assess the property’s current conditions. Chairperson Bagué thanked Ms. Gutierrez for Commissioner Barreiro and staff’s support of the draft study. Ms. Gutierrez noted a few changes needed to be made to the report before its final submission:

Page 3 - The number of local direct jobs changed, noted Ms. Gutierrez. Ms. Chase responded that the amount listed in the June 2, 2005 draft report was accurate.

Page 5- List the awards the Miami River Corridor Urban Infill Plan has won.

Page 11- Limit the marine patrol use on the Miami-Dade County owned site to the Miami-Dade County Marine Patrol. Ms. Gutierrez noted potential additional marine patrol law enforcement agencies use of the riverfront would be further discussed in the future.

Chairperson Bagué noted the Miami River Urban Design Center Feasibility Study outlines the proposed uses for the facility, including a publicly accessible Miami River Historical Museum , Urban Design Center , community meeting boardrooms, MRC office space, and dockage for marine patrol vessels.  Mr. Charles Morton moved to approve the amended draft Miami River Urban Center Feasibility Study, the motion was seconded by Ms. Sallye Jude and unanimously adopted.

V.    Committee Reports

A.     Dredging Working Group – Chairperson Bagué noted the SFWMD had prepared a brief update for the MRC, regarding the Florida Inland Navigation District (FIND) cost- share of the Miami River maintenance-dredging project.  Mr. Evan Skornick, SFWMD, provided a report of the FIND grant process and reported the first grant award from FIND was for $2.2 million. The contract between the SFWMD and Miami-Dade County , is scheduled to go before the SFWMD’s governing board for approval on Wednesday, June 8, 2005 . Mr. Skornick noted FIND had accepted the SFWMD’s second application for $1.5 million a cost share of dredging within acceptance sections 9-11. Mr. Skornick stated that the SFWMD would make a presentation to FIND on June 17, Cocoa Beach , FL.

MRC Managing Director Brett Bibeau stated that the new sediment processing
equipment is installed and operating. Mr. Bibeau noted that the Florida Legislature included $3 million for the Miami River Maintenance Dredging Project in their approved fiscal year 2006 Budget, which was recently signed by Governor Jeb Bush. On behalf of the Miami River Commission , Mr. Bibeau stated he would once again like to thank the Dade Delegation and Governor Bush for there continued strong support for the project, and everyone who wrote letters in support of the appropriations.  Mr. Bibeau stated that the City and County liaisons to the MRC’s Dredging Subcommittee have restated and secured their committed local cost shares for the project. Mr. Bibeau recognized that the County’s $17.7 million Federal Fiscal Year 2006 appropriations request for the project is a considerably large in an austere budget year. Mr. Bibeau, on behalf of the Miami River Commission , thanked Congresswoman Ileana Ros-Lehtinen and the Dade Delegation for doing everything in their power to support the appropriation. Mr. Bibeau noted that the Senate Appropriations Committee is expected to release their budget version during the week of June 13. Therefore, stated Bibeau, the MRC is encouraging everyone to reach out to Senators Nelson and Martinez in support of the $17.7 million appropriation request, which is the amount the dredgers have indicated is necessary to avoid a potential temporary demobilization.

 b. Miami River Corridor Urban Infill Plan- On behalf of the Miami River Commission , Mr. Bibeau thanked Commissioner Bruno Barreiro and the Board of County Commissioners who approved the MRC recommended “Boat Slip Bank” resolution on May 3, 2005. The resolution, explained Mr. Bibeau, directs County staff to prepare a policy for the “Boat Slip Bank” concept, which would be considered for adoption by the Board of County Commissioners.

 Mr. Bibeau noted that the United States Coast Guard, Miami-Dade County Planning Department and the MRC met last month to continue fine tuning the drafted Miami-Dade County Marine Industrial Zoning Ordinance.

 Mr. Murley stated that the Scope of Services for the MRC recommended “Miami River Corridor Multi-Modal Transportation Study” has been drafted.

c. Greenways subcommittee – Dr. Ernie Martin, Chair of the MRC Greenways    subcommittee, thanked Mr. Bibeau and Ms. Chase for their continued research on Greenway Governance, including maintenance, security and special event management. Dr. Martin added that this issue would be explored further during the MRC’s scheduled retreat. Mr. Bibeau added sections of the publicly accessible Miami River Greenway remain under construction.

d. Stormwater Subcommittee – On behalf of the Miami River Commission , Mr. Bibeau commended the City of Miami , which is currently installing solid waste interceptors for the stormwater system, as recommended in the MRC Storm Water Subcommittee’s Miami River Basin Water Quality Improvement Report.

Mr. Bibeau stated the Miami-Dade County Water and Sewer Department (WASD) continues to conduct smoke testing within the Wagner Creek water basin, and have detected several minor sanitary and storm water system defects, which have since been repaired.

Mr. Bibeau reported that the MRC endorsed “Scavenger 2000” de-pollution vessel’s service contract with the City of Miami will expire at the end of the 2005 fiscal year, and new funding is necessary to extend the excellent services provided by the clean-up vessel.

Mr. Bibeau noted at the recommendation of the Florida Department of Environmental Protection (FDEP) the SSC 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 TMDLs also require the creation of master plans outlining the planned projects designed to achieve the new water quality parameters.

e.  Economic Development and Commerce (EDC) Subcommittee Ms. Megan Kelly, EDC Chair, stated the “Working Waterfronts” legislation was adopted during the 2005 Florida legislative session, which ended May 6, 2005 . Ms. Kelly noted the passing of the “Working Waterfronts” legislation was an “Action Item” identified during the MRC’s September 27, 2004 Miami River Marine Industries Symposium.  Ms. Kelly added that the EDC is participating in a June 10 Miami River Boat tour for 100 members of the Miami-Dade County Industrial Association.

f.  Miami River Safety Committee Dr. Fran Bohnsack, Executive Director of the Miami River Marine Group, stated she was happy to report that “Access Control & Security Systems” magazine had featured the Miami River as this month’s cover story in a very positive article entitled, “Miami River Watch.” Dr. Bohnsack stated that no drug seizures have occurred on the Miami River in nearly one year. Dr. Bohnsack noted that Round 5 of the Maritime Transportation Security Act (MTSA) grant appropriations had recently been released, and the Miami River Marine Group had received “3 of 5,” which would significantly help the City and County Marine Patrol. The MRMG has donated several weatherized laptops to the City of Miami and Miami-Dade County Marine Patrols, to remotely view the River’s shipping terminals newly installed video camera live feeds.  Dr. Bohnsack added that the U.S. Coast Guard is currently conducting inspections of the required Homeland Security measures, such as video cameras, 24/7 security, fences, lighting, etc. as required for re-certification of the Miami River’s international shipping terminals.

VI.  New BusinessDr. Fran Bohnsack requested the Miami River Marine Group be invited to all future meetings regarding the draft Miami-Dade County Marine-Industrial zoning ordinance. Mr. Bibeau stated he had previously informed Dr. Bohnsack about the meeting regarding the Miami River Commission ’s recommended revisions to the County’s draft ordinance, which the Miami River Marine Group concurs with.  Bibeau noted he would invite the Miami River Marine Group recent to all future meetings. Ms. Gutierrez stated Miami-Dade County was close to presenting a finalized Marine Industrial Zoning Ordinance, but the County is continuing to work out a compromise concerning increased requirements for green space and walls/fences within marine industrial properties.

IV. Adjournment 

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

_____________________________Recording Secretary

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