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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,
APR. 9, 2001
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

The Miami River Commission meeting was called to order by Robert L. Parks, Chairperson, at 12:00 noon on Monday, April 9, 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 L. Parks, Chairperson, Member at Large, Appointed by the Governor

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

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

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

  • Ernie Martin, Neighborhood Rep., Appointed by City of Miami Commission

  • Janet McAliley, Rep. of Civic or Environmental Org., Appointed by Governor

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

  • Commissioner Bruno Barreiro, Miami-Dade County Commissioner

  • Jerry Fernandez, Chair of Governing Board of SFWMD, Designee

  • Sara C. Babun, Member at Large, Appointed by Miami-Dade Commission

  • Jane Caporelli, Neighborhood Rep. Appointed by Miami-Dade Commission, Designee

  • James McDonald, President Greater Miami Chamber of Commerce, Designee

Ex Officio (non-voting) members:

  • Cdr. Mike Miles, USCG, Marine Safety office, Miami

  • Debbie Musgrove Zimmerman, Office of Congresswoman Ileana Ros-Lehtinen

  • Ellen Roth, Office of Senator Bob Graham

MRC Staff:

  • David Miller, Managing Director

  • Brett Bibeau, Assistant Managing Director

Others attending interested in the River:

  • Fran Bohnsack, MRMG

  • Carlos Espinosa, Miami Dade DERM

  • Lavinia Freeman, TPL

  • Y. Sal Behar, DDA

  • Dusti Melton

  • Mike Black, Miami Dade County, Commissioner Reboredo’s Office

  • Bill McIntosh, IT Corporation

  • Jose Luis Rodriguez, Governor’s Office

  • Capt. John Smith, Bojean Boatyard

  • LCDR Joseph Boudrow, USCG Marine Safety Office

  • Jack Koczan, IT Corporation

  • Charles E. Morton, FPT Florida, LLC

  • Bruce Schurger, Schurger Diving & Salvage

  • Zach Mann, U. S. Customs

  • Rich Kolbusz, U.S. Customs

  • Stanley Price Esq., representing FPT

  • Bud Morton, FPT Florida, LLC

  • Sonny Holtzman, representing FPT Florida, LLC

I.            Approval of Minutes & Chairman’s Report-

            Mr. Parks stated that there is a quorum present and asked for the approval of the minutes of the March meeting.   Jerry Fernandez moved the approval of the minutes, which was seconded by Phil Everingham.  There being no objection, the minutes passed unanimously.

            Mr. Parks stated that River Day went extraordinary well and the staff, Brett and David, are commended for doing a tremendous amount of work.  Mr. Parks stated that a lot has happened on the River since the last meeting.  Mr. Parks feels that everyone is happy with the stadium selection site.  The River has moved to the level of public recognition that it should have had a long time ago in this community.  Mr. Parks thanked everyone for their support and help. 

II.        FPT Florida Land, LLC; Zoning Amendment Request

Mr. Parks introduce Mr. Stanley Price, attorney representing FPT Florida LLC.  He is the zoning attorney for the FPT property located at 3700 N. W. North River Drive.  He introduced Bud Morton, owner’s representative and Mr. Sonny Holtzman, co-counsel on this matter.  The MRC is not required by Miami-Dade County to provide recommendations on zoning issues, but this also does not preclude the MRC from making zoning recommendations.  Please note that Commissioner Barreiro was not present during these zoning discussions.  Stanley Price advised that FPT was approached by Miami-Dade County to act as a receiving site for the dredged sediments taken from the River.  They are in the process of entering into a lease agreement with Miami-Dade County at a below market rate for the property.  They were simultaneously going through a zoning process asking to relieve a condition, which required them to have 75% of the scrapped material created at their site transported on the River.  FPT is asking that this zoning condition be removed as no scrapped material is shipped via the river and no other company on the river has such a condition for operation.  Mr. Price explained that the county has been very supportive of the request and they would like a recommendation from the MRC concerning this condition.

Mr. Parks asked if he could make a disclosure personally to the MRC so that everyone understands his position.  When the Miami River Coordinating Committee (MRCC) began and Mr. Parks was the Chair, Mr. Morton’s group came to the MRCC for approval to have this scrap facility located on the river.  They came with extraordinary plans showing the way the facility was going to be designed and the environmental care that they would take.  The MRCC was very happy with that.  The MRCC did pass a Resolution concerning the use of barges to transport scrap material, as it would then be a water-related facility.  The MRCC had no legally binding authority on anybody, but that resolution was made part of the public record.  Subsequently, Mr. Parks was contacted by the company to represent them in a lawsuit, which had been brought against them by Miami Jai Alia.  The lawsuit had nothing to do with the resolution.  Mr. Parks represented them and when the lawsuit, in Mr. Parks’ judgment, became politically motivated and the issue of the barge transportation restriction became a factor, Mr. Parks felt that it was in the best interest of the client that he no longer represent them.  It is up to the MRC as to what it wants to do with this.

Mr. Parks opened the floor for discussion.  Mr. Price explained that when the County approved the re-zoning, creating a condition of approval that required 75% of the scrap material be barged down the River.  This condition was not placed on other businesses on the river and with the restricted depth and width of the river made compliance with the condition almost impossible.  FPT requests that the restriction or condition of approval be removed.  Jerry Fernandez made the motion to support the applicant and the lifting of the restriction to transport 75% of the material by barge.  Mr. Everingham seconded the motion.  Discussion continued.  FPT has a hearing scheduled later this month before the Community Zoning Appeal’s Board.  Bob Coleman is the Zoning Processor for Miami-Dade County and previously advised Mr. Miller that they did not have any problem with this.   A vote was taken and the motion passed unanimously.

III.      Greenways Presentation

Mr. Chuck Flink stated that they had spent the better part of the last three and a half months collecting comments on the first draft of the Miami River Greenway Plan.  They have completed the final report and it was distributed to the MRC in the form of compact disks or the full printed report.  He wanted to give a brief demonstration on how one can use the disk.  It is a digital version of the Report.  One can print it out from the CD.  They do have the baseball stadium site recommendations in the Report.  They took a hard look at the issue of Greenway operating and management structure.  They think the lead organization is critical to the success of this plan and this project.  They had originally featured the MRC as one possible option and they also have another recommendation in the plan for a Riverfront Corporation.  Chuck recommends that the MRC assemble a small task force to study this issue more carefully and come up with a recommendation as to what the lead organization should be.  The other real strategic elements of the plan are its set of action recommendations.  They have been looking at the opportunities for the Greenway development.  Most of these are in the lower River section where there is already a substantial amount of public land or energy levels that exist for the Riverwalk development.  They have a series of projects that are in the Plan for immediate action.  The community has over $3.5 - 4 million dollars already available to go ahead and begin development of Riverwalk activities and the recommendations are very specific in the Plan.  There are many groups that have been involved and have reviewed and endorsed the recommendations of this Plan to date.  The Plan will be forwarded to the City Commission and Miami-Dade Commission for their review and approval as well.  They have been doing this for about 16 months and appreciate all the support from the MRC.  The recommendations of the Plan are very specific in terms of what the roles and responsibilities are, what the projects are, time frames for completion and funding recommendations.  On May 10th it goes before the City Commission and the County Commission soon after that.  Mr. Parks stated that unless there is some objection, he would ask the Economic Development Committee to take on the task of reviewing the Greenway governance question.  It is going to be important economically and financially as to how that governance question is resolved.  Mr. Parks stated that the MRC subcommittee on Tax Increment Financing District (TIF) will be looking at this from the standpoint of perhaps recommending to the City and County what kind of a district would provide the funds that would be necessary to operate and maintain the Greenway.  Mr. Parks requested that David and Dr. Martin get involved on this and let the Economic Development Committee work on the structure.  Chuck Flink strongly recommended that the MRC take prompt action and not lose any momentum.

            There are a couple of communities that it might be worthwhile for members of the MRC to visit and look at their Riverfront Corporation and how they are working and how successful they have been in fund raising and in their projects.   Dr. Martin stated that the Greenways Committee would welcome the opportunity to work with all entities, but they have already completed research on this issue as it relates to the TIF and the Community Redevelopment Area (CRA), which the state mandates govern the structure for the expenditure of those funds.  There are several models that are already fully developed that they need to explore together. 

            Dr. Martin stated that they had previously gotten approval from the MRC on the draft Greenways Plan and they would like a resolution supporting the final plan from the MRC.   Ernie Martin made the motion to adopt the final Greenways Plan and Phil Everingham seconded the motion, which passed unanimously.  Mr. Parks asked that Ernie and Jim McDonald work together and that someone get the MRC a decision on the governance structure and TIF issue as soon as possible.  Mr. Flink thanked the MRC and stated that they would like to work with David Miller and Brett to submit this for a national award and to continue to give it the full recognition that they feel it is due.

IV            Discussion of “Operation Riverwalk”

Mr. Parks stated that in early March the MRC received word that an operation called “Operation Riverwalk” was created.   No one had contacted the MRC about it.  There had been a Statewide Grand Jury report this past December, which basically condemned the River.  Mr. Parks has written, at the MRC’s request, the Special Counsel for the Statewide Grand Jury and sent a copy to Mr. Jim McDonough, the state’s Drug Czar, along with the Florida Department of Law Enforcement.  The letter was written to Ms. Bries, the Special Counsel.  The report criticized the River on three things.  They said there were derelict vessels and there needed to be some program put in place to remove them.  Mr. Parks responded that they understand they are derelict vessels, but need better funding vice a new program to resolve the problem.  The primary complaint of the Statewide Grand Jury report was the fact that the River is laced with crime and horrible environmental problems and is basically a sewer, nothing is happening on it, nothing environmentally is being done, nothing law enforcement wise is being done and so on.  Mr. Parks responded that he didn’t believe any of the above was true.  It certainly seemed odd that nobody he has talked to who has any constituency on the River whatsoever, none of this group was ever asked to submit anything to the Statewide Grand Jury, nor did any of the MRC members testify.  Mr. Parks to this day does not know who it was that testified in front of the Grand Jury.  Mr. Parks has responded with a letter indicating that the MRC is working hard to improve the river.  However, it seems unusual that the MRC, which was created by the state to coordinate all public policy on the River, was never asked to provide testimony on the current conditions of the river community.  Mr. Parks would like the people involved in the shipping industry to review “Operation Riverwalk”, which is a giant law enforcement sweep of the River.  Mr. Parks is upset that they are calling it “Operation Riverwalk” which is causing confusion with what the MRC has been trying to do to create a Riverwalk ,which will serve the public and be a big positive factor for the river.  “Operation Riverwalk” is a giant narcotics interdiction program that is causing serious problems with legitimate shipping operations.  Mr. Parks would like some guidance from the MRC as to what action should be taken.  Sandy O’Neil, representative of Mayor Penelas, stated that she was also angry over this.  Sandy had requested the Drug Czar’s group to inform the MRC of what was happening and that non-sensitive enforcement information should be shared with the MRC.   Unfortunately, this never occurred until many weeks after the operation started.

Mr. Parks would like to discuss what is happening that is having such a negative impact.  The MRC has taken as a central theme both legislatively and by resolution that the Miami River is a “Working River”.  The MRC is very proud that the economic report shows just how valuable the river shipping industry is to Florida.  The MRC needs to support the shipping industry and if there is a problem with “Operation Riverwalk” we need to address those problems in a constructive way.  Mr. Parks feels that at a minimum the name should be changed and he will write a letter to Jim McDonough, if that is what the MRC wants him to do.  Discussion was held.  It was suggested that the MRC should meet with this group.  Zack Mann and Rich Kolbusz of U.S. Customs stated the operation name came out of Tallahassee.  Rich was under the impression that the MRC was in the loop when this was being put together.  He stated “Operation Riverwalk” kicked off February 15, 2001and gave an overview of what he thought was occurring with “Operation Riverwalk”.  He stated Customs was only involved with the drug interdiction efforts and was under the impression that Mr. McDonough’s group was coordinating the economic, environmental, regulatory and drug prevention efforts. 

Mr. Parks asked if there was a way to have representatives of the shipping community, people on the River who have quality businesses and do quality work, to meet with senior “Operation Riverwalk” officials and work out the problems.  The MRC believes that if someone had contacted the MRC and advised the group that state enforcement officials are now going to get involved in the River with respect to environmental issues, regulatory enforcement, derelict vessels, economic development, etc., the MRC could of provided information and guidance that would have prevented the massive problems.  The problems were created by a large group of folks from Tallahassee coming to the river for the first time and trying to reinvent the wheel.  The issue Mr. Parks would like to resolve is the shipping part.  Discussion was held.  It was brought out that river business is way down at very reputable businesses such as Jones Boatyard and Merrill Stevens due to the over zealous actions of enforcement officials that are driving (scaring) business away from the river.  Unfortunately, Tallahassee is making decisions without including the MRC and without full knowledge of the unintended consequences of their actions.  The MRC should be performing a better coordinating role.  Mr. Parks desires to get people together soon, to have these problems solved now, so that it doesn’t happen again and again.  Mr. Zack Mann stated that they are in the process of communicating with all the people on the River. 

Ellen Roth, representing Senator Graham, expressed that they were not involved in any of the meetings and would like very much to be informed and receive continuous reports, which they have not been receiving.  They would like to be kept in the loop.  Mr. Parks suggested that the MRC send to the three people they have identified, a letter calling for an immediate meeting with representatives of the shipping and marine businesses on the River.  The letter will include a list of problems, with as much specificity as possible, of the events that are driving legitimate business away from the river and that these issues be addressed quickly.  The letter will also be sent to the Governor and all members of the Miami-Dade Legislative Delegation and Senator Graham.  The motion was made by Janet McAliley to hold a meeting of MRC members and shipping representatives with Jim McDonough, Tim Moore and Customs as soon as possible.  Phil Everingham seconded the motion, which was passed unanimously. 

IV            Committee Reports

GREENWAYS - Ernie Martin stated that they have been tracking the grant availability and have identified six new opportunities.  They are exploring filing of applications for all of them.  Ernie has a specific issue with grants that have been awarded already, but have not made it through the maze of the City of Miami’s administration.  Some are very significant with respect to the amount of funds available.  He discussed four examples with major problems.  Ernie believes these grant issues need to be brought to the attention of the Manager or top assistant of the Manager.  A meeting needs to be held before the grant funds are lost.  Dr. Martin made a motion that the problems with the City of Miami in grant processing require that a meeting be held with Bob Parks, David Miller, Brett Bibeau and the City Manager or his representatives to resolve these problems.  Jim McDonald seconded the motion, which passed unanimously. 

Mr. Parks stated that he and Brett went to meet with the City’s consultants for the stadium.  At no time during that two-hour meeting with the consultants was there any discussion of shutting down any bridges on the River if the stadium went there.  That was never discussed.  What did come up was the 1.2 million-dollar grant for Riverwalk construction on the property where the proposed stadium would be built.  That grant is going to be lost unless the MRC, in conjunction with the city’s senior management, takes immediate action to complete the grant proposal.

DREDGING WORKING GROUP - Dick Bunnell stated that Mr. Miller distributed a Miami River dredging project status report at Riverday and a copy was provided to all MRC members.  They have a very important meeting before the Dade County Commission, which will be held toward the end of May.  The MRC dredging working group is putting together a video about the need for the dredging project that will be presented at that meeting.  The Corps of Engineers will also provide a full presentation about the dredging project and answer any Commissioner questions.  A town hall meeting will be held in early May with Commissioner Morales’s constituency.  The Corps is hoping to have their permits by June or July and the bid out in August or September and hopefully dredging will be accomplished by the end of the year.  David Miller and Mr. Bunnell are still striving to have the County Manager appoint a full time person from the 29th floor to be the special administrator.  Mr. Parks would like Sandy and Commissioner Barreiro to be involved in that particular issue.  Dick stated that the Corps would be holding a dredging industry meeting the last week of April.  The County Commissioners need to grant approval for the county manager to sign a Project Cooperation Agreement with the Army Corps.  Mr. Parks would like that information out to everyone.  Fran Bohnsack stated that on April 25th, the County Manager will attend their group’s breakfast and that would be a good opportunity for members of the MRC to hear the new manager’s presentation.

 PUBLIC SAFETY - Cdr. Miles stated that they did some follow-up inspections on one particular facility that had some problems.  It took two months for that facility to come in compliance with all of the Code.  It is now back in operation.  They will be doing joint agency visits on the River later this month and will report on those results at the next meeting.

STORMWATER - David Miller reported that they have a meeting on Thursday, which should be the wrap up meeting for the report concerning the recommendations of the Stormwater Subcommittee.  They have had held several meetings concerning the content of the report and hopefully it will be approved at the Thursday meeting.

ECONOMIC DEVELOPMENT/COMMERCE - David Miller stated that they do not have the final economic report but did complete a two page executive report and this was handed out to MRC members and attendees.  The report will be mailed out to the participants who completed the survey forms.  The report clearly provides a lot of information about the marine industry and its value to the community.  Mr. Parks sent one to every member of the Legislature in Tallahassee so they know what they are dealing with in terms of the River.  David Miller stated that the MRC web site - www.MiamiRiverCommission.org is in operation and is an excellent forum for information on the river and actions of the MRC.  The two page economic report is on the web site.

V         New Business –

            Mr. Parks asked David Miller to find out the status of the MRC members’ appointments.  Mr. Miller stated that he has been working with Jerry Fernandez and Doug Bruce on this issue.  They have recommended Dr. Pam Dana, Office of Tourism and Economic Development, as the individual that would be the right person for the MRC.  In her position she can keep the Governor and other members of his staff fully aware of ongoing MRC actions on the river.

Brett Bibeau stated he had two items.  The first is the approval of the Commission to apply for the T-21 grant funding to be used for Greenway development and construction.  The grant is Federal Transportation funding and the Greenway is an alternate form of transportation. The grant is for over a million dollars.  Phil Everingham made the motion to apply for the T-21 grant, which was seconded by Jane Caporelli and passed unanimously. 

Brett stated that another River Day grant was approved, so the total of MRC obtained grants for River Day was $16,700. 

Debbie Musgrove Zimmerman stated that Congresswoman Ileana Ros-Lehtinen is planning this summer to do another River cleanup.   The MRC will fully support this river cleanup.

Commissioner Barreiro stated that a lot of money had been obtained this year for stormwater improvements and this should be a priority.  Mr. Parks asked if Alfredo could provide more information on this funding so our stormwater committee can seek funds for the river basin improvements.

Mr. Parks thanked everyone for the work they are doing.           

IV. Adjournment 

There being no further business to come before the meeting, the meeting adjourned at  2:00 p.m

_______________________________Recording Secretary

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