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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 .s' JY�I!'O.ViapaV8h6!.a.r.'i4• r.n •.t}re�.ynr�•.,.� �`#'; �+'�11'�w'''s'�+Lti+E:'S�&+,A'i1v1'7:i2:�v'�ii�Ai�.°r' . 14:� �ti:i'�"+�f•".�I,i�iSk.:��.�i' 400 t]oust. C,ff;..e E3uiIdin:, The CapitFG 'rallahastoo. 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 w [.,v �4.G•M ) i• "�`�' lAv X1MPiWItAa...M'iS' �•: i'.�23YY:'!A.'.SSW?::'Fara' 91rP6.eMU:e•.KNSwtii:ev➢.I'MNiiptl. MI AMI RIVY.R (.'Q0RD1N' ATTNC, COMMITTEE he �t.>�. r..�.'a.L�X.�.�6;.�.#l►.1��S1.�Ti�ip._...t�S'�.Y-x.�'.bf..�►.9�' �.1�.+�.41� 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 xe,^cx i e e'^epier u L �Y, k8'u &� �Y14 a c.4�r,„� d I- i �INIIANII RIVER (.0 0RDIN' - - •--,w�n+wa JXTING COMMITTEE V41v • i)I �t. Wt1'1 The C', ..t 1.1 .. 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 1)1� J�-Nerox e+e:o ZO0'0400,A 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 t'v ;3xex relecgpie4 iJJ)Y 2$01)456,tt 6 Page 2. Governor Lawton Chiles December 11, 1996 Set forth below is a su=Ar'Y of the KRC'C Report's conclusions: 1. Commpposition and eslection of Miami River Authority 1tardt These was unanimous consensus that an authority, or any other type of entity, must be governed by a board whicK is composed of representatives from local goverrosat, marine industry, river homeowners associations and downtown business interests. without the assurances that the profile of an authority is representative of local iAtsrestr, the creation of any now entity is universally not supported, n . Authority of eminent Domain$ 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 xs s.a. �;..cs Avpnus S�hs 6s'� � ;.tfta,,,;, �;.;.::�. a393 � - c�":�: t5:�3�i'�'r:1s •fig-�66;-359•SOY-_ . _ _ _.--. - -.. MIAMI RIVtR COORDINATING COMMITTER 97- 293 xe�cx 'e ecopier 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 �rV JQ�� 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