HomeMy WebLinkAboutM-97-0293ACKNOWLEDGEMENT RECEIPT OF SUBJECT OF DOCUMENT: xeroxed copy of letter from Janet Gavarrete, Chair
of the Miami River Coordinating Committee ate 4/9/97
DATE: 4/10/97
MAYOR CAROLLO'S OFFICE
VICE MAYOR REGALADO'S OFFICE
COMMISSIONER PLUMMER'S OFFICI
COMMISSIONER GORT'S OFFICE
COMMISSIONER HERNANDEZ' OFFI{
CITY MANAGER'S OFFICE
97- 293
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The CapitFG
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Dear Repre>?sentet i vli Rii , .. ; r.
AC h m n <- mr ,• . - .. �- ^ , r .. n e- r r . 1 .. r A. .... — ..— a }- � . i e, M f ' rn h
R, vei: AutnU>_1: Y �s.,., ., , xa _,,.r . -, , q ti,mj I ::Ar to the Bill you
ir1troduead eJuY'.riq !an! e,ebr ¢, -r , rig. t Pt. A- y. 1,,1,•1-, t.h-
M•�rsLar:. �?� ,M-.!i A, --dependent group,
p::eF:ar.ed t.I ep::•: t .; .. .. jJeaz 9 ;i. ..'_ KRr:'C etkidy included wide
c`onci v, :Li ,t rho ccsttununity wan not to
fsuppi)rt a state autho— t r as pY:�pCy�c:.
However, the KRC-•• rist.at ed In , . s :—part. which was submitted
jtoember Ill, 1996, . rear the i nr erest you and others have shown in
revitalizing the presented un: ,:{ue opportunity to explore
cAher ni terneit.ihrets the MECC, at the
C:OM71I!Q . nn e.'hf itra (c%,aaa Alt- attt-c�
IF (i --m .a '•i i A rh 1 it t e a r bl a r, a a 1 a m frt ' � nun t w i� i '-• n e.�'n eY l,t �•►1.1 1 s t u d y a &-. a
prepax'e recommendation,a 'rer>~,�c1lno t;S°. t:',':"ie of new a:;t 1t Iry :�r
prr,��Ya1n�+, i.f any, shouldd be appr�.i ri,�Ia
advance the revital i. za.t)-on )f. the Ntiarr. ? . ;re: . Atta,chad : H
pz:oposai for the Conmi.Fisi.on and a f9t of -A-e potent members.
We offer this n o:tunit. „ to ou and other interested partkev
1J P Y
yt; t-riat ive can wo.Ic togat.her in a ^L�r,�ez-a ive manner in order to
Dealt serve the interests �-,f the ? oc 21 c nununi.ty, and to promote the
Miami River as an important resources for our community. if this
proposal is of interest to you, please contact me at (305) 673-7550
n Plod-1r V1'*Ming at Hero m3acc of1ion (.�06) 373-1019.
we look forward to your response.
S erel ,
Zt7"G re e
air
cc, Dacia ?delegation
Govt I r,ti-)r Lawton Chilea
Mayor and Commission, Dade County
Dade County Manager
Mayor and Cominission, City of Miami
City of Miami Manager
Miami River Coordinating Committee
M. Canton
2� S E 2:•.0 Aver-,.e, Suite 62: • M: .• : ;•,•,�a ";3:'t . i;" :. ?C , :; J3 i?: • Fa... ; �r,c, 359.543?
GMAtA • )�nit Gwerrote EXiCUTIVE DIRECTOti . eer, iina
M1m84ttd • aovemor UhwMr. Chile$ 0 Arr"At'ldo MAI a Edward Marques 9 )Im Vrowr It 0 • •r Craeowsv • Lundy C4rly . Artanlo Million • INJan . pros
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MI AMI RIVY.R (.'Q0RD1N' ATTNC, COMMITTEE
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I. Goa lt
The Miami R`.vez Hana.gp mont Rev_, ow Commussion willstudy and
prepare recommendations regal -ding ghat type of new entities or
programs, if any, should be cresat�eri w i,7)h would be appropriate
to advancer the revitalization of the Mlaiixi River. If an entity
is recommended, this Ccmn>a.aaion. would develop draft
legislation necessary to create it. The work of the Commission
would commence in May 1997 and final recommendations would be
presented to the Governor in August 1997.
Il. Meetingea
The Commission would meet approximately four times in publicly
advertised open meetings at which tha:tre would be presentations
from public and private sector agencies and organizations
regarding River issues) and proposails.
1. First Heetingi
a. LntroducL�.en and Goala
a. Overview of :Issues:
1. Cri-mv
2. Urban Development
3. Environ ttent:.al Problems
4. Commerce/Working River
S. jurisdic- ions /Regulal_.1-ons/lAaripower Available
6. River Management
2 . Se' t+rad Mewting s
a. Receive comments from government agencies and
organizations ie. homeowners, civic associations,
businesses and citizens.
b. Discuss proposals for now programs or new
organization or entities.
3. Third Meetings
a. Receive comments from all parties regarding
proposale tender consideration.
b. Draft recommendations and send out for comments
(30 day deadline).
III. Finalize Recommendationst
I. Final Meetings
a. Review comments
b. Discuss strategy to create new entity or program
C. Write final recommendation and/or legislation.
25 S.E. 2nd Avenue, Sliite 621 • Miami, Florida 33131 . O+flce: (305' 373.1915 • Fax, (305) 358-5933
rNRtlt • Janet Gavarrate NXLCt "VE VINICTOA • $am C. Fleming
$4164SAKA • Governor Lawton 01foo . Armando Vld*i • Edward Marques . )IM Brown • Gwen Calloway . Unity Clark* . Ar"nb Mllllan • %ljan Nakhjavan . L. Grunt v040104
97- 293
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JXTING
COMMITTEE
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The C', ..t
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Mzami Riyelr
MEMaERSHrPt 11 Member Commission, 1 Chair
Chair:
Local Community Volunteer
11
Department of Community Affairs (1. )
2.
Drxd* Delogoastion (1 )
3.
btate Attorney (1)
4.
Dade County Mayor or Commissioner (1)
5.
Mayor of City of Miami or Cor=isaioner (1 )
6.
Quality Action Team (1)
7.
Miami River. Coordinating Committee (1 )
B.
Miami River Marine Group (1)
I
9.
Marine Council (1)
10.
i
Downtown Development Authority (.i)
11,
Homeowner/Civic Association (1)
25 S.E. 2nd Avenue, Suite 621 • Miami, Florlda 33131 • Office- (305) 373-1915 • Fax- (305} 358.5933
:MAIlr Jsn*t oavorrate eXECUTIVE DIRECTOR - betty C. flhninq
41MatR6 - dovernor Lawton Chlloa • Armando VIO&I i adword lAsryuaa & Jim erown . a win Calloway . Lundy Clarke • Arsonio Million • etltn Nakl%ia" • " """ """"
97- 293
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MIAMI MINER COORDINA'rING COMMITTEE
A private . pvl,he portiMilfiip for the coinvyion good of Fha Serse• at f t," g4ti . hM-ere gahlo ►•Coode Canty v The City a( M1410410
December 11, 1996
Governor Lawton Chiles
State of Florida The Capitol
Tallahassee, Florida 32399-0001
Dear Govornox Chilesi
Thank you for giving the Ni.xi River Coordinating Co=ittoo
(MRCC) the opportunity to provide you with our report and
recommendations regarding the advantagaa and disadvantages of
establishing ars Miami River Authorit . � you know, our co=ulttev
and other local interests involved 1n the$9 Niaxd River vsres not
given the opppoortunity to provide input in the formulation of the
1996 Miami hirer Authority dill. Thet XRCC has taken the following
stops to receive input from the local coz=nityt
1. Requested eax=onts and provided an outline for local
g9vea nmoutee. p marine Industry, vivor hmueowneprs
associations, downtown business interests and other
interested parties to complets (suet appendix A).
2. Received oral comments from the public at a Miami River
Coordinatinc� Committee meeting on September 18, 1996
(seeas►pp+andix e) .
Ar^nnorsd a M.i.ami R1.ver Authority Workshop on Novemhvr
11 1996. Hired an independent raaiiicar�or to vvae 4u%-
the workshop, tabulat: questionaairev provided to
participants and writes an exit Lvk?QKt (ays appendix 0).
Throughout the process the NRCC was impressed with the
account of concern and interest which was evident from the lavol
of participation in meetings and workshops and the amount of
comments received both orally and in written fora. Although
everyone shared the sae interest in improving conditions on the
river, no once was able to provide specific ways that an Authority
would be able to operate effessotiv*ly on the river, provido
enforcement at the same level as agencies are providing now and
be alblee to fund the operation. The pla,thors of generalities made
the task of analyzing the authority issue difficult. The XRCC
created an outlines which $ 1) reviewed each power and duty
proposed in they 1996 Hiami River Authority bill 2) statald the
advantages and disadvantages of each ,power and duty 3) made
recommendations for each it** (so* appendix D) .
25 5,6. 2„ d Aver%», eew a" • $Ater,$, F*4w sst,zt < off1w r.4W 373sena • FaC (M m
CMM - .►caner CWY&n*o V1t;S CHM - io" Tonga, m IDMCU M DIRECTost • Be" C. Fwm(np
MDAO s . dow nw Lawton ChAw @ Aftnw4o VWd v 0"0 Ohio i M e MMj • QW8n C V W,,8 r . 6� off+ Cam' tea isga d A Ar w0v MIQ1 n, V* ILatj~
97- 293
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Page 2.
Governor Lawton Chiles
December 11, 1996
Set forth below is a su=Ar'Y of the KRC'C Report's
conclusions:
1. Commpposition and eslection of Miami River
Authority 1tardt
These was unanimous consensus that an authority, or any
other type of entity, must be governed by a board whicK is
composed of representatives from local goverrosat, marine
industry, river homeowners associations and downtown
business interests. without the assurances that the profile
of an authority is representative of local iAtsrestr, the
creation of any now entity is universally not supported,
n . Authority of eminent Domain$
The City of Miami. and Metro -Dade County already have the
power to use eminent domain when necessary to accomplish a
valid public purpose. An authority would be not up to
address more narrow goals and would take away the
responsibility of eminent domin pawe►r over the river from
local elected officials and bestow it on an appointed
authority board. since all of the river businesses are
privately owned they are threatened by the idea of the power
of eminent domain in the hands of non -elected officials.
w"Li mmm, dftmai n to hast kaVt AN A resoonsibilitq of local
government.
111. Regulatory Authority to prevent Environmental
Degradation:
The MRCC found no advantages for the transfer of
environmental regulatory authority to a state entity. The
1410— a1.vor to ya►t of a aafsplav sys*ate A"A e-aft"at fts
managed in isolation. A new entity would require broad
expertise amd would duplicates existing local and state
agencies. The HRCC rscomendeed that the State Depart"Ut of
Environmental protection maximize delegation to ocosi
environmental agencies in order to facilitate and streamline
permitting and enforcement.
IV. Regulatory Authority to Snhance public Health and
Safety:
The neighborhood groups were concerned about more police
protection. The City of Miami's Kiami River Master plan
analyzed the costs of additional �olio+e patrols for the
river (see appendix D). An authority would have to depend on
federal agencies for cooperation. IP an authority had its
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MIAMI RIVtR COORDINATING COMMITTER
97- 293
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Page 3.
Governor Lawton Chiles
December 11, 1996
own vcLics rwve Aa--w3..4support and and backup. The Dort ut prutWQLloiA ;could
re ire either additional taxation or user fees which could
eliminate the competitive advantage of marine businesses.
Code enforcement officers would be costly to train and
retain. The HRCC recommends that, the joint enforowwnt
efforts that have boon initiated by the Miami River Quality
Action Team are the best way to provide code enforcement on
the river. Additional po Rica protection would beat be
provided by existing cl ty and county police departments. A
special taxing district could be *stabliaehed locally without
the need for a river authority if the najority of the
property owners agrees
V. Regulatory Authorit to Maintain the Viability of the
Hijai River as a Ma�or Fort Facility and Enhance
Navigation$
A pout authority for the Miami River is problematic because
all the marine terminals are privately owned and the
authority would not own any facilities. Federal agencies
such an the as o�aat euawd have pvimA y responsibility over
the port and navigatbv8 losuss. A at&" authority could ba
advantageous to the dredging project if it could access
funds not available to local government.
The M RCC reeogaends that Dade County or a consortium of
local agencies sponsor the dredging pre ject. The dredging
would be achieved in a more tixwly fashion by existing
agencies than by a newly foamed part authority.
V1. Regulatory Authority Nocesdary to Ensure that
comprehensive Development Plans for the Miami River
Area include Provisions for the bevelopmeat of the
River's intrinsic Tourist Attraction Assets$
The KACC recommends that local goverment$ continue to
implement their comprehensive development plans which
address the river's intrinsic tourist attractions. These
plans have been created by local governments to ensure
balance among compe<tin interests. Authority board members
would not be elected officials and not accountable to the
local communit . These plans do not necessitatecreation of
a river authority for implementation.
25 6.E. and Av*nue • Saito 821 . Miami, Ftodde 33131 - Office: (305) 3734913 • Fax (305) SW5933
MIAMI R1YL11 CO*APj iAT1?4C COMat/-1'T&K
9'7- 293
Jel'OX i e i e00p:e' :i,. J a 0'1
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page !•
IDscomber 11, 1996
VIZ. Centralize State and Local Jurisdiction$ in a
Single Authority:
Consolidation of state and local jurisdietivns would be more
costly than to continue to tsly on existing aqenoies.
Federal. agencies would not delegate jurisdiction and the
authority would have to depend on their cooperation.
Transfer of existing enforcezmat funds to an authority is
not feasible since agencies do not have asparate budgets for
river enforcemnt. The Miani River enforcement is subsidised
by agencies' total budgets.
VX11 . Create a port Authority to oversee and Regulate
sue too ami 11vert
A port Authority could ianposo additional fees on the swine
industry which would jeopardise the river's competitive
advanta eThe port authority would not oan any marine
facility*;. The port authority would have to rely on
cooperation frcs federal agencies and would not be able to
assume uriedictLou over navigation. The XRCC reoosmaenxds the
Kiami R ver Quality Action Team continue to coordinate
enforcement efforts on the river in order to maintain the
cotameorcial viability of the Port of Miami River.
in conclusion, the xRCc does not support the creation of a
Miami River Authority as proposed in terms of its powers, duties
and congasitida. Our atudy found th^t riversrelatod issues would
not be advanced through the creation of such an authority. There
is no justifiable reason to create a state entity to address
local issuers when these issues are being addressed by local
government agencies) such an entity would sorely add another
layor of bureaucracy. Furthersore, a state authority, by imposing
its supervisory responsibility over agencies cad local
Iovernmonts without providing the neasss"'y local control, would
instill resentment in the local community without appropriate
accountability. The state authority would not be able to gain
iurisdict,lon over il.iep'QXVaaU us�Jlysti oa aaA &m"L "mLwv&ntm1
reaponsibilitles of reacral avv&4-.i..s and ibs satUowlty . 5"IA lava
to rely on their cooperation, just as local agencies do now.
as
un ertake a study,which mould be ready or the 1998 Legislative
e R s on , of what vice or tocar—d—of-f-H-Uty, 11 any, would-"
manner _ in Itic1h_ the, HRCC was
,nd musts n • oa^C�
25 S.E. 2nd Avenue • Suite 821 • Maml, Florida 33131 •Ofice: (W) 373.1913 - Fax (306) 3W6933
M1AMI RIVIR COORDINATING COMMITT99
97- 293
!;1
Page S .
C.cwer,n^re T.xwN• ••n r'h i 1 as
December 11, %996
p6r't to the co.:rar with which it seat formed. Thgcu,r h ccare
doli�ra�xi-Err iri�ia open process -Arc --the �u�bl�ic ca
�C PP�a�_t* l.._.it. is �aOna�- aiv L�lue h w e wvu be iTBIs 0-
spec c rcevowmandai on ro ax n ass�S�t or
naa� en�£v o►i-1-i! ao`u-Td-boat serve the, Itiver, This pu 11
Vould be in with the LdentlflcatIOM 01 K:.ver resatissues
fc e"�"ri Ares-- s ghat tvve of snt ty cou dM a vance these issues
In the moantiss, the KHCC believes that significant
improvements are being realized through the cooperative efforts
of the Miami River Quality Action Team (QAT). This group, under
the leadership of the US Coast Guard, meets monthly and addresses
chronie river problems and creates acceptable solutions is a
forum comprised of government agencies, business owners and
interested parties. The US Coast Guard will enforce Operation
Safety Not effective July 1, 1997. This prograa will eliminate
substandard vessels from the Miami River. These vessels have a
hist.oa of trading in stolen merchandise, carrying crows of
illegal aliens who disappear into the conimunity and producing
eolid waste problems frm abandoned cargo along the river
shoreline. Operation Safety Net was specifically designed for
our region to deal with these problems. Once the sub -standard
vussela axw removed, larger vessels with proper safety and
environmental equipmont would replace them and improve maritime,
business on the river.
The Miami River is a unique resource. Rveryone who uses the
River has a stake in its future. Enforcement personnel is
limited. Through cooperative ventures, like the QAT, the
oommunity can police and improve conditions on the River through
a process of education and constructive dialogue between the
regulators and the regulated. The proposed HRCC study could also
determine as new type of entity which would enable all interests
on the River to work together more effectively.
I look forward to hearing your thoughts on the proposed MRCC
ntudy. If you have any questions, or need additional information,
please call me at (305) 373-1915.
Sincerely,
Janet var
Chair _ �r
ec t federal Delaycation
Dade Delegation
Bo&rd of County Commissioners
City of Kiami Commission
Intereated Parties
25 S.E. 2nd Avenue • Suits 621 • Mlsmi, fbrtds 33131 - Office: (305) 373.191$ - Fax: (305) 35&5933
MIAMI RIVI R OOORDINAT1NC C'OMMITT91C
U7— 03