HomeMy WebLinkAboutR-03-0081J-03-060
01/21/03
RESOLUTION NO. 03— 081
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING THE SUBMISSION
OF A JOINT GRANT APPLICATION WITH MIAMI-DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT ("DERM") TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") TO RECEIVE
STATE FUNDS FOR THE ENVIRONMENTAL
RESTORATION OF SPRING GARDEN POINT PARK,
LOCATED ALONG THE MIAMI RIVER AT 601
NORTHWEST 7TH STREET, MIAMI, FLORIDA;
AUTHORIZING DERM TO ACT AS THE CITY'S AGENT
FOR THE JOINT GRANT APPLICATION PROCESS,
WITH THE CITY'S INTENT TO COMPLY WITH THE
PROVISIONS CONTAINED IN FIND RULES
66B-2.004(4) AND (6), ATTACHED AND
INCORPORATED, FOR A TWENTY -FIVE-YEAR PERIOD,
RELATING TO PUBLIC ACCESS AND PARK
MAINTENANCE; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") owns Spring Garden
Point Park located along the Miami River at 601 Northwest 7th
Street, Miami, Florida; and
WHEREAS, the Miami -Dade County Department of Environmental
Resources Management ("DERM") coordinates efforts to restore and
enhance water quality, biological communities and the aesthetic
qualities of Biscayne Bay and the Miami River; and
i -'r° T i VY k i 71 Q ffi
CITY COMMISSION
MEETING OF
JAN 2 3nR
Rmalution Ito.
03- 081
WHEREAS, the Florida Inland Navigation District ("FIND")
has assisted DERM and the City with environmental enhancement
projects at City -owned public parks; and
WHEREAS, DERM desires to pursue financial assistance from
FIND and provide the required matching funds to implement the
proposed project which includes the construction of two public
access docks, installation of a boardwalk, construction of a
wetland area, hammock restoration and shoreline stabilization;
and
WHEREAS, the City wishes to approve the submission of a
joint grant application, with DERM for funds for the
environmental enhancement of Spring Garden Point Park in which
the City agrees to maintain said park as per FIND Rules
66B-2.004(4) and (6), attached and incorporated, regarding
public access and park maintenance for a twenty -five-year
period;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 4
03- 081
Section 2. The submission of a joint application with
Miami -Dade County Department of Environmental Resources
Management ("DERM") to the Florida Inland Navigation District
("FIND") for the environmental restoration and enhancement of
Spring Garden Point Park, located along the Miami River at 601
Northwest 7th Street, Miami, Florida, is approved.
Section 3. DERM is authorized to act as the City's
agent for the joint grant application process.
Section 4. It is the intent of the City Commission that
the City shall comply with the provisions contained in FIND
Rules 66B-2.004(4) and (6), attached and incorporated, for a
twenty-five year period, related to public access and park
maintenance.
Section S. The City Manager is authorizedll to execute
all necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�l
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
�� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4
03- 081
PASSED AND ADOPTED this 23rd day of January 2003.
ATTEST:
PILI -SCILLA. A. THOMPSON
CITY CLERK
APPROVED AS TCS AND CECTNESS:
LARELLO
CITY
W6Xl : tr:AS
EL A. DIAZ, MAYOR
Page 4 of 4
03- 081
ATTACHMENT E-6
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE _City of Miami is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Miami -Dade County
and the State of Florida:
Project Title Miami River Spring Garden Point Park
Total Estimated Cost $ 370,000
Brief Description of Project:
The proposed improvements include the the removal of of exotic vegetation, the creation of an
interpretive nature trail and picnic sites, the stabilization of the eroding shoreline (utilizing
natural limerock boulders), the restorationof of wetland and matitime hammock habitat, the
retrofitting of an existing wooden linear boat docking walkway along Wagner Creek, and the
installationof an educational/tour boat docking facilityalong the Miami River.
AND, Florida Inland Navigation District financial assistance is required for the
program mentioned above,
NOW THEREFORE, be it resolved by the City of Miami
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said the City of Miami
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 38 % of the
actual cost of the project in behalf of said City of Miami
(Name of Agency)
AND, be it further resolved by the City of Miami
(Name of Agency)
that it certifies to the following:
That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1) 03— 0S1
That it has th,. ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Miami for public use.
(Name of Agency)
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the City of Miami at a legal meeting
held on this day of
Attest
Title
20
Signature
Title
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (2)
03- 081
ATTACHMENT D
6613-2.004 — Policy.
The following constitutes the policy of the District regarding the
administration of the program:
(1) Financial Assistance Eligibility: Financial assistance, support and
cooperation may be provided to eligible governmental agencies for approved
projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Member counties may
also be provided financial assistance, support, and cooperation in planning and
carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance,
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local
governments may also be provided financial assistance, support and cooperation in
planning and carrying out beach renourishment and inlet management projects.
(c) Navigation related districts may be provided with financial assistance to
pay part of the costs of the planning and acquisition of dredge material
management sites if the Board finds that the site is required for the long-range
maintenance of the Atlantic Intracoastal Waterway channel. All such sites must
meet the development and operational criteria established by the District through a
long-range dredge material management plan for that county. Navigation related
districts may also be provided with assistance for environmental mitigation
projects associated with waterway improvement related activities and inlet
management projects if the Board finds that the project benefits public navigation
in the Atlantic Intracoastal Waterway. All navigation related districts shall
03- 081
ATTACHMENT D
contribute at least equal matching funds to any District financial assistance
provided. Seaports may also be furnished assistance and support in planning and
carrying out environmental mitigation projects. All seaport projects shall benefit
publicly maintained channels and harbors. Each seaport shall contribute matching
funds for funded projects.
(2) Notification: The District will notify by direct mail and/or advertised
public notice all eligible governmental agencies of the program and the upcoming
authorized submission period. Funding allocations to navigation related districts,
member counties and local governments shall be based upon the proportional
share of the District's ad valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in
accordance with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part
by program funds shall be made available to the general public of all of the
member counties on a non-exclusive basis without regard to race, color, religion,
age, sex or similar condition. Additionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of
the member counties as a condition to use the facilities. User or entrance fees may
be charged for the use of facilities funded in whole or in part by program funds,
however such fees shall be reasonable and shall be the same for the general public
of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as
not to impact navigation along the District's waterways through the placement of
structures, attendant uses, or the necessity of a boating speed zone for safety
purposes. Before applying for boating speed zone designation in District
waterways because of a project funded by this program, the sponsor shall first
receive approval from the Board. The Board will use the criteria found in s.
327.46(1), F.S., in determining whether to approve the proposed boating speed
zone.
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03- 081
V
ATTACHMENT D
(6) Project Maintenance: The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the anticipated life of
the project and shall be responsible for all expenses required for such purposes.
The project shall be maintained in accordance with the standards of maintenance
for other similar local facilities and in accordance with applicable health standards.
Project facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The project
sponsor shall have full legal authority and financial ability to operate and maintain
the project facilities.
(7) Public Information Availability: Public information produced with
assistance from this program shall not be copyrighted and shall be provided free of
cost, except for the cost of reproduction, to the public.
(8) Third -Party Agreements: Projects that are being developed and operated
by a third party which is a not-for-profit agency shall have sufficient oversight by
the eligible project sponsor as determined by the Board. Such oversight, at a
minimum, will include a project liaison that is a staff member of the eligible
project sponsor, oversight of the operating hours and admission fees of the facility
by the eligible project sponsor through a legal agreement, and submission of the
third party's most recent audited financial statement. All third party projects shall
be open to the public in accordance with this rule.
Specific Authority 374.976(2) FS. Law Implemented 374.976(/), (2) FS. History — New 12-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01.
66B-2.005 — Funds Allocation.
The Board will allocate funding for this program based upon the District's
overall goals, management policies, fiscal responsibilities and operational needs
for the upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
Forms No. 91-25 Waterways Assistance Program Application Evaluation and
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03- 081
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To: Of the City Commission
RECOMMENDATION:
CA -3
DATE: JAN 14 M FILE:
SUBJECT: Resolution Authorizing
Submission of Joint
Application for
REFERENCES: Funding/Spring Garden
Point Park
ENCLOSURES:
It is respectfully recommended that the City Commission adopt
the attached Resolution endorsing the submission of a joint
grant application with the Miami -Dade County Department of
Environmental Resource Management ("DERM") to the Florida Inland
Navigation District ("FIND") for the environmental restoration
of the Spring Garden Point Park, located at 601 NW 7th Street
Road on the Miami River.
BACKGROUND:
The Department of Parks and Recreation has been working with
DERM and the Spring Garden Civic Association in the development
of a project for the environmental restoration and improvement
of the Spring Garden Point Park.
The City has already obtained a permit from the State's
Department of Environmental Protection (DEP) for the
reconstruction of 145 foot dock, the installation of a new 512
foot dock, construction of a Wetland area, installation of a
boardwalk, excavation and shoreline stabilization for the Park.
Part of the Waterways Assistance Program application from FIND
requires that the City agrees to comply with Public Access Rule
(66B-2.004(4)) and a commitment for maintenance of the park
(66B-2.004(6)), which have been incorporated into the attached
Resolution.
03- 081
Honorable Mayor and Members
Of the City Commission
Page 2 of 2
The project is estimated to cost approximately $300,000 with
DERM providing $138,000 and the balance to be requested from
FIND. By approving the attached Resolution the City would
become a joint applicant with DERM for the purposes of the FIND
Grant application and FIND will act as the City's agent on this
project. Approval of the attached Resolution authorizes the
submission of said grant by the City.
FISCAL IMPACT: NONE AT THIS TIME (The City of Miami entered into
a Management Agreement on August 9, 1999 with the Spring Garden
Civic Association for the management, operation, and maintenance
of the Spring Garden Point Park at no cost to the City for a
period of seven (7) years with the sole option of the City
Manager to renew for an additional five (5) years.)
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03- 084.
COMMISSIONERS
TED B. MOORHEAD
Chair
BREVARD COUNTY
CHARLES R. FAULKNER
Vk"hair
FLAGLER COUNTY
CATHLEEN C. VOGEL
Treasurer
MIAMI-DADE COUNTY
A -ANG SONG
Secretary
PALM BEACH COUNTY
APPOINTMENT PENDING
ST. LUCIE COUNTY
THOMAS P. JONES. JR.
DUVAL COUNTY
GRAYCE K BARCK
VOLUSIA COUNTY
GALA. BYRD
MARTIN COUNTY
SUSAN M. ENGLE
BROWARD COUNTY
KENNETH F. HOFFMAN
INDIAN RIVER COUNTY
CHARLES A. PADERA
ST. JOHNS COUNTY
DAVID K. ROACH
EXECUTIVE DIRECTOR
MARK T. CROSLEY
ASSISTANT EXECUTIVE
DIRECTOR
FLORIDA INLAND NAVIGATION DISTRICT
To: Local Governments
From: Mark Crosley, Assistant Executive Director
Subject: 2002-03 Waterways Assistance Program
Date: January 03, 2002
Attached is an application package for the District's 2002-03 Waterways
Assistance Program. Through this program the District has provided over
$62 million in funding assistance to local governments within our District
to perform waterways improvement projects. Project types eligible for
funding include public navigation, public waterway access facilities,
public recreation, inlet management, beach renourishment, environmental
education and boating safety projects directly related to the waterways.
The funding level of this year's program will be determined in July based
upon the availability of funding to the District and the quality and number
of applications received.
Applications are due in the District office by 4:30 PM, March 29, 2002.
Your application must be discussed with your local FIND
Commissioner prior to March 01, 2002. The application must be
initialed by the Commissioner prior to submission to the District
office on March 29, 2002. Please see the application package for the
complete program schedule and the name and address of your
Commissioner.
Please note that only two (2) copies of your application are required.
Only the requested information should be submitted, applicants are
advised not to submit "extra" information, dividers or bindings not
necessary to the application requirements. Also, note that any application
failing to include the required application items (with the exception of
development permits) will be eliminated from consideration on May 31,
2002. There is no waiver available for this deadline.
Please contact me should you have any questions concerning our program
or the application. Solving questions or problems prior to the preparation
and submission of your application will save us both time and effort and
result in a more successful application.
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627-3386 FAX No. 561-624.6480
www.aicw.org
OT- 0 81
TABLE OF CONTENTS
FY 2002-03
WATERWAYS ASSISTANCE PROGRAM APPLICATION
ATTACHMENT A PROGRAM SCHEDULE
ATTACHMENT B COMMISSIONERS LISTING
ATTACHMENT C PROJECT PRIORITY LIST
ATTACHMENT D PROGRAM RULES
ATTACHMENT E PROGRAM APPLICATION/TIPS SHEET (2 PAGES)
E-1. APPLICANT INFORMATION/PROJECT SUMMARY
E-2. APPLICATION CHECK LIST (2 PAGES)
E-3. PROJECT INFORMATION
E-4. EVALUATION AND RATING FORM (18 PAGES)
E-5. COST ESTIMATE FORM
E-6. RESOLUTION (2 PAGES)
E-7. ATTORNEYS CERTIFICATION OF TITLE
E-8. PROJECT TIMELINE
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