I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers, noted the President’s FY ’08 budget submittal will be made public on February 5, 2007, which will provide the local project sponsors an important indication of the probability for obtaining the $26 million federal cost share balance due in FY ‘08. Mr. Perez explained in the FY ’07 Continuing Resolution; under the current guidelines, the Corps may obtain 90% of the President’s $3.5 million budget submittal for the project, plus can provide justification to SAD/HQ for the additional 10%. Mr. Perez reported the ACOE plans to award additional acceptance sections in February, the contract allows the 60 days for remobilization, therefore dredging will recommence in April 2007. Mr. Perez stated the ACOE remains willing to discuss and consider a minor delay in the timeline, in order to potentially avoid a second allowable temporary demobilization of the project.

Mr. Ray Baker, Miami-Dade County Department of Environmental Resources Management (DERM), stated DERM’s top critical priority legislative requests in 2007 are the final $13 million local advanced funding and $800,000 requests to the State and a $26 million request from the Federal government to complete the Miami River maintenance dredging project. Mr. Bibeau distributed copies of the Community Budget Issue Requests (CBIR) submitted by Miami-Dade County for the aforementioned State appropriation requests. Mr. Bibeau thanked the Honorable Representative Rivera and the Honorable Senator Diaz de la Portilla for sponsoring the CBIRs, and provided attendees with the tracking numbers.

Mr. Bibeau noted the Greater Miami Chamber of Commerce continues to support the County’s final appropriation requests to complete the dredging project as well. Mr. Bibeau distributed the GMCC / Miami-Dade County invitation to Washington, DC on February 28-March 1, 2007, and respectfully requested that consistent with the approved line item in the MRC’s operating budget, he be permitted to attend, in partnership with the GMCC and Miami-Dade County, in support for the remaining federal cost-share. Chair Buermann authorized Mr. Bibeau’s trip to DC, and Mr. Bibeau noted the only expenses the MRC would incur would be his airline ticket and cab fees. 

Mr. Bibeau distributed a letter addressed to the Dade and Broward Congressional Delegations from MRC Chair Irela Bagué inviting them on a Miami River boat tour, hosted by the Honorable Congresswoman Ileana Ros-Lehtinen with the Honorable Congresswoman Debbie Wasserman Schultz, on March 2, 2007 .

Mr. Bibeau distributed Miami River Maintenance Dredging project federal channel and bank-to-bank funding estimates, cost-share projections and funding tables/matrices as of January 2, 2007 , prepared by Miami-Dade County and MRC staff. 

Mr. Bibeau provided a list of 6 federal grant opportunities, which the County is eligible to apply for to obtain a federal cost share for the “bank-to-bank” dredging component located outside of the federal navigable channel, which doesn’t currently have a federal cost share, and if awarded would free up local project sponsor funding appropriated for that purpose. Mr. Baker noted the first deadline is for a Department of Commerce grant, which they are considering applying for. Mr. Perez stated he would seek the opinion of ACOE Attorney John Pax regarding the ACOE’s acceptance under the current PCA and MOA of federal funds from a second agency.

Mr. Bibeau asked if the “Remaining Benefit to Remaining Cost” (RBRC) ratio had been performed for AS 11-15, and Mr. Perez replied they are only performed upon request following completed work. Mr. Bibeau noted if the available local cost share for the project is allowed to be utilized at a rate faster than the federal cost share, there is currently sufficient appropriated funding to complete AS 7-10, and in the meantime secure one additional federal Fiscal Year appropriation, improve the RBRC, and generate additional “left-over” and “supplemental” federal funding as the project moves forward. Mr. Bibeau suggested the County ask the ACOE to commence generating a RBRC based on acceptance sections 11-15, ASAP, and Mr. Baker agreed. 

Mr. Larry Bove, Weston/Bean, asked if all non-federal funding provided thus far to the ACOE had been expended in completing AS 1-6, and Mr. Bibeau replied $1.2 million, but agreed to look into obtaining the exact “left-over funding” amount. The DSC suggested utilizing any left-over local funding to compensate for the federal shortfall, and Mr. Baker stated the County isn’t opposed to that concept. Mr. Perez noted the locals have already provided their cost share for the next AS 7.

III. Update River Utility Crossings– Dr. Fran Bohnsack, Miami River Marine Group, noted she had received an email from U.S. Coast Guard Captain James Suffren notifying her of a meeting to discuss the removal of FP&L cables along the Miami River . Dr. Bohnsack extended an invitation to the DSC to the aforementioned meeting, which would take place on Thursday, January 18, 2007, 9 am, in the Coast Guard Gator’s Den. Mr. Perez noted Pat Hanson, ACOE, was continuing to work on identifying potential utility crossing impacts, and has yet to foresee any issues.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptable - Mr. Buermann asked if any progress had been made following last month’s dredging meeting with Mr. Orin Black , Marilyn Properties, and the City of Miami concerning ownership of the immediately adjacent properties to the SW and NW sides of the NW 5 ST Bridge. Mr. Bibeau noted that Mr. Black had received permits for the work from the Florida Department of Environmental Protection (FDEP) and ACOE, and was still awaiting a permit from DERM, which is required before he can hire a contractor to remove the land located in the federal navigable channel, and construct a new seawall along his property. Mr. Bibeau added the City Attorney’s office is currently reviewing the agreement drafted by the City’s Department of Real Estate and Asset Management, to authorize DERM to grant Mr. Black’s permit, and allow Mr. Black to dredge the small city owned parcel at his cost, with a hold harmless clause for the City, in order for him to also be able to construct a new seawall in front of his property prior to the arrival of the dredging project. Mr. Bibeau noted the agreement would not require approval by the City Commission, yet Mr. Black would like to receive the permit in time for him to secure financing for the project, hire a contractor, which would then need time to mobilize and construct the project, hopefully prior to the NW 5 Bridge replacement and arrival of the dredgers. 

Mr. Buermann asked Mr. Bibeau to provide periodic updates on executing the agreement, permitting, dredging the land in the federal navigable channel, and replacing the bulkhead just outside of the channel, immediately adjacent to the NW ST Bridge. Mr. Buermann asked the agencies to provide the Dredging subcommittee with periodic updates on executing this agreement, as the NW 5 ST Bridge will remain on the monthly agenda.

Mr. Bibeau noted that at last month’s DSC meeting, Mr. John Palenchar, FDOT, stated that after the NW 5th Street Bridge structure and pilings are removed, they will amend the FDOT demolition contract in order to grind up any remaining material located within the 15 foot deep, 150 foot wide federal navigable channel, into material small enough for the ACOE contractor’s 6 cubic yard bucket to dredge. Mr. Palenchar had explained that if the ACOE’s contractors are unable to remove the materials located within the federal navigable channel left behind by the FDOT’s contractors, the ACOE would require FDOT to return and remove the remaining materials at FDOT’s cost. Mr. Bibeau asked Mr. Perez if the ACOE has agreed to amend their existing Miami River maintenance dredging contract in order to add this additional material (if crushed to sizes smaller than the 6 cy bucket of the contractor, by FDOT), which wasn’t in the original contract executed per the dimensions of the existing NW 5 ST Bridge, which is partially built into the federal navigable channel, and Mr. Perez confirmed the contract would need to be modified to increase the number of cubic yards that would need to be removed. Mr. Perez added that ACOE Jacksonville District would address this issue when they are closer to the area in question. If material is not crushed by FDOT it will be FDOT’s responsibility (as the Department of the Army Permit holder) to remove this material at a later date by their own forces and cost.

The Dredging Subcommittee thanked everyone for their assistance on this matter.

V. New Business – Mr. Ray Baker, Miami-Dade County Department of Environmental Resources Management (DERM), noted the authorization to execute the “Local Advanced Funds” Agreement is expected to go before the Board of County Commissioners on January 25, 2007 , and extended an invitation to the DSC.

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for February 21, 2007, 10 am, 1407 NW 7 ST. Mr. Buermann noted he would be out of town that day, and respectfully requested that Mr. Baker co-chair the meeting. Mr. Baker agreed.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding –Mr. Rene Perez, Army Corps of Engineers (ACOE), stated the President’s FY ’08 budget submittal includes $4.5 million for the Miami River maintenance dredging project. Mr. Perez explained in the FY ’07 Continuing Resolution; the Corps may obtain 90% of the President’s $3.5 million budget submittal for the project, plus any approved “congressional ad” and noted the funding may be appropriated per ACOE program vs. project. Mr. Perez reported after a conference call with the local project sponsors, they have delayed plans to award acceptance sections (AS) 7 & 8 from February to mid-late March 2007, followed by Notice to Proceed (NTP) in 1-30 days and 60 days for remobilization from issuance of NTP, therefore dredging will recommence this summer.

Mr. Baker stated the Board of County Commissioners unanimously approved authorizing the County Manager to execute the Local Advanced Funding Agreement for the project, which would allow the local cost share of dredging in the federal navigable channel to be spent ahead of the Federal Cost share, which if accepted by the ACOE would provide sufficient funding for AS 9. Mr. Baker stated the County Attorney had informed him the ACOE’s Jacksonville District attorney had completed his review of the agreement and forwarded it to the ACOE’s South Atlantic Division (SAD) for review. Mr. Perez stated he had received an e-mail from the ACOE Jacksonville District Attorney John Pax, stating he was still reviewing the agreement, and hadn’t submitted to SAD. Mr. Baker replied the County’s revisions to the ACOE’s provided draft agreement were minor. Mr. Baker noted the County’s top critical priority legislative requests in 2007 are the final $13 million local advanced funding and $800,000 requests to the State and a $26 million request from the Federal government to complete the Miami River maintenance dredging project. Mr. Bibeau noted he will be attending the GMCC / Miami-Dade County Washington DC “Fly-In” on February 28- March 1, 2007 . Mr. Bibeau added the Honorable Congresswoman Ileana Ros-Lehtinen and the Honorable Congresswoman Debbie Wasserman Schultz will be taking a Miami River boat tour with representatives from the MRC, County, City, MRMG, etc. on March 2, 2007 . Mr. Bibeau distributed an updated Miami River Maintenance Dredging project funding status. 

Mr. Baker asked Mr. Jim Thomas, President of Bean Environmental, if the contractor was planning to bring the Boskalis dredge sediment processing plant back, which was averaging one acceptance section per month, and Mr. Perez added the ACOE sent a letter to the contractors over a month ago, asking the same question. Mr. Thomas replied they do intend to bring back the same dredge and processing plant. Mr. Thomas added they don’t want to remobilize to dredge only two acceptance sections, and would prefer remobilizing when 75% of the remaining funding had been secured. Mr. Evan Skornick, South Florida Water Management District (SFWMD), stated he spoke with a representative from the Florida Inland Navigation District (FIND) whom indicated FIND would allow amendments to the specific acceptance sections in which their awarded grant funding may be spent, in order to be used for the local advanced funding. 

Mr. Baker stated the County agreed to the MRC’s recommendation to apply for a “EDA” grant to obtain a federal cost share for the “bank-to-bank” dredging component located outside of the federal navigable channel, which doesn’t currently have a federal cost share, and if awarded would free up local project sponsor funding appropriated for that purpose. Mr. Baker added the grant awards range between $4 - $1 million per year, and has a lengthy application, consideration, and award timeline, which he will provide at the Dredging subcommittee’s March meeting. Mr. Skornick stated the SFWMD will not be applying for a FIND grant this year towards local advanced funding, because FIND doesn’t have a Miami-Dade County board member, whom is required to sign an application before it is submitted in March 2007, and there is currently $5.5 million in unspent FIND grant awards for the Miami River dredging project.

Mr. Perez stated the ACOE conducted a “Remaining Benefit to Remaining Cost” (RBRC) ratio based on completing AS 7-10, leaving only AS 11-15, and the RBRC is 3.01 to 1. Mr. Perez noted the ACOE is unable to formally consider the improved RBRC while creating their next FY ’09 budget request, until the project completes dredging AS 7-10.

III. Update River Utility Crossings – The Dredging subcommittee discussed Bellsouth’s needs to receive final permits to relocate utility lines, and noted it seemed the Florida Department of Environmental Protection (FDEP) was about to issue their permit. 

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptable - Mr. Bibeau provided copies of an e-mail from Mr. Orin Black , Marilyn Properties to Ms. Madelyn Valdes, City of Miami, asking for revisions to the City’s provided draft agreement to provide Mr. Black the ability to hire a contractor to remove the land owned by the City of Miami located in the federal navigable channel, and construct a new seawall along his property, at his cost and liability.

V. New Business – The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for March 21, 2007, 10 am, 1407 NW 7 ST.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE), participated via speaker phone. Mr. Perez stated the ACOE will award Acceptance Sections (AS) 7 & 8 on April 1. The $7 million federal cost share to award AS 7 & 8, noted Mr. Perez, consists of the remaining appropriation from Fiscal Year (FY) 2006, as well as the $3.5 million included in the FY ’07 CR, which is the same amount the President requested for FY ‘07, and was appropriated in FY ’06.

Mr. Carlos Espinosa, Director of the Miami-Dade County Department of Environmental Resource Management (DERM), asked for the status of the Local Advance Funding agreement. Mr. Perez replied the ACOE’s Jacksonville District sent the agreement to the South Atlantic Division, which forwarded it to ACOE Headquarters in DC for approval, followed by transmittal to the County for signatures, and subsequently returning the signed agreement to Assistant Secretary of the Army (ASA) Woodley’s final signature, before the proffered previously appropriated local cost share may be spent faster than the pledged federal cost share balance due to complete the project. Mr. Espinosa stated ASA Woodley told Congresswoman Ros-Lehtinen and himself at a meeting in Miami , that as soon as the approved Local Advanced Funding Agreement arrives in his office, he will sign it. The subcommittee noted an executed Local Advanced Funding Agreement would provide sufficient additional funding to award AS 9, and by the time AS 9 is completed, federal FY ’08 will have commenced. Mr. Perez reported Senator Nelson’s Office has been contacting the ACOE regarding the funding needed in FY ’08 to complete the project, and Mr. Perez stated the federal cost share balance due is $26 million. 

Mr. Bibeau stated he had attended the GMCC / Miami-Dade County Washington DC “Fly-In” on February 28 - March 1, 2007 , where he met with the Dade Delegation and Army Corps of Engineers representatives in support for the remaining federal cost-share balance due. Mr. Bibeau added that everyone he met with recognizes the 40% complete project’s benefits will only be realized upon completing dredging to the confluence with Biscayne Bay . Mr. Bibeau added the Honorable Congresswoman Ileana Ros-Lehtinen hosted the Honorable Congresswoman Debbie Wasserman Schultz on a Miami River boat tour with representatives from the MRC, County, City, SFWMD, MRMG, etc. on March 2, 2007 , where the project was also well received. Mr. Bibeau noted he had attended an event on Saturday, March 17 for the Honorable Congressmen Lincoln Diaz-Balart and the Honorable Congressman Mario Diaz-Balart. Mr. Bibeau added that the Honorable Congresswoman Ileana Ros-Lehtinen and the Honorable Congressman John Mica, Ranking Member of the Transportation Committee, were also in attendance, and all four representatives pledged their continued support for completing the project. Mr. Bibeau stated the Honorable State Senator Alex de la Portilla, whom is sponsoring the County’s $13.8 million request, met with the Greater Miami Chamber of Commerce last week and indicated the Maintenance Dredging of the Miami River is his number one priority. Mr. Bibeau noted he would be in Tallahassee on March 27-28 supporting the County’s $13.8 million request.

Ms. Tish Burgher, QCA, FDOT, inquired about the dredging timeline, and Mr. Perez replied once AS 7-8 are awarded on April 1, a Notice to Proceed (NTP) would be issued between 1-30 days, and the contractors would then have 60 additional days for remobilization from issuance of the NTP. Considering the aforementioned timeline, Mr. Perez noted dredging would recommence no later than July 1, 2007 . At an estimated rate of dredging one acceptance section per month, AS 7 would be dredged during July, AS 8 during August, and AS 9 in September, subject to execution of the Local Advanced Funding Agreement, and then FY ’08 would commence on October 1, and if the federal cost share balance due to complete the project is appropriated in FY ’08, the project would continue forward and maybe completed as early as April 2008, one year prior to the contract’s expiration in April 2009. 

Mr. Bibeau asked how much of the leftover local cost-share from AS 1-6 would be utilized to move the project forward, and Mr. Espinosa replied it was likely for that money to be reprogrammed towards the federal cost share balance due, but the County would need to coordinate that effort with FIND and the State. Mr. Espinosa added making the previously provided left over local cost share, which wasn’t expended while dredging AS 1-6, would require the County and ACOE to execute a Contributed Funds Agreement (CFA), which the County Attorney’s office is currently reviewing. Mr. Perez noted if non-policy related items are changed in the CFA, the agreement can be approved and executed at the Jacksonville District level. If, however, any policy-related items are altered, the CFA would need to be sent to ACOE Headquarters for approval and execution. The Dredging subcommittee noted any additional cost share appropriated by the Legislature this session would require a CFA to be accepted by the ACOE as well.

III. Update River Utility Crossings – Mr. Espinosa reported he believed the County assisted Bellsouth in receiving its final permits to relocate utility lines. Mr. Bibeau added that Bellsouth had recently met with Merrill-Stevens to discuss the company’s expansion plans into the area where they are planning to relocate their Bellsouth Utility lines, and how they may impact the planned installation of a consolidated seawall.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section - Ms. Burgher discussed the scope of the NW 12th Ave Bridge project. Ms. Burgher stated it was her understanding that a specific area may not be dredged due to underground utilities. Mr. Perez suggested that she contact Ms. Pat Hanson, ACOE, to address any specifications/rules regarding construction, but assured that the dredging contractors would negotiate with the 12th Ave Bridge contractors once they reach the site.

Ms. Burgher noted all work staged in the river for the NW 5th Street Bridge removal has been completed, and the remaining portions of the removal of the NW 5 ST Bridge will be completed prior to May 2007. The FDOT understands any of the land / sediment they own within the federal navigable channel left behind after they complete the NW 5 ST Bridge removal, needs to be able to be removed with the ACOE dredging contractors 6 cubic yard hydraulic excavator, in order to be dredged as part of the ACOE contract, or the ACOE would require the FDOT to return and dredge the left over materials at their own cost. Dr. Fran Bohnsack, Miami River Marine Group, asked for the status of Mr. Orin Black ’s, Marilyn Properties, DERM permit, and Mr. Bibeau reported he believed Mr. Black had yet to receive the executed City Agreement required for DERM to issue their permit. Mr. Art Perez noted that FDOT intended to drive a sheet wall to remove the old pier on the south shore adjacent to the bridge next week, leaving a 16 foot cofferdam until construction commences on the new NW 5 ST Bridge in November 2008. Mr. Perez added he hoped Mr. Black will have received the necessary City Agreement and DERM permit to repair the seawall at his cost before November 2008.

V. New Business – MRC staff distributed flyers for the 11th Annual Miami Riverday, March 24, 11-5, Jose Marti Park , SW 4 ST and SW 4 Ave. Mr. Bibeau noted Riverday is free to the public, and features free river boat rides, live music, environmental education, historic re-enactors, children activities, marine expo, and much more. 

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for April 18, 2007, 10 am, 1407 NW 7 ST.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE), stated he expects the ACOE to award Acceptance Sections (AS) 7 & 8 before the end of April. The $7 million federal cost share to award AS 7 & 8, noted Mr. Perez, consists of the remaining appropriation from Fiscal Year (FY) 2006, as well as the $3.5 million included in the FY ’07 CR, which is the same amount the President requested for FY ‘07, and was appropriated in FY ’06. Mr. Perez stated if AS 7 & 8 are awarded before the end of April, dredging would recommence by the end of July.

Mr. Carlos Espinosa, Director of the Miami-Dade County Department of Environmental Resource Management (DERM), asked for the status of the Local Advance Funding agreement. Mr. Perez replied the ACOE’s Jacksonville District sent the agreement to the South Atlantic Division, which forwarded it to ACOE Headquarters in DC for approval, followed by transmittal to the County for the Mayor’s signature, and subsequently returning the signed agreement for Assistant Secretary of the Army (ASA) Woodley’s final signature, before the proffered previously appropriated local cost share may be spent faster than the pledged federal cost share balance due to complete the project. Mr. Espinosa stated ASA Woodley told Congresswoman Ros-Lehtinen and himself at a meeting in Miami , that as soon as the approved Local Advanced Funding Agreement arrives in his office, he will sign it. The subcommittee noted an executed Local Advanced Funding Agreement would provide sufficient additional funding to award AS 9, and by the time AS 9 is completed, federal FY ’08 will have commenced. Mr. Perez stated it was feasible for the Local Advanced Funding Agreement to be fully executed before September 1, 2007 , and the Jacksonville District was suggesting ASA Woodley delegate signature authority to Col. Grosskruger, potentially with a signature ceremony / press conference. Mr. Espinosa added the draft “Contributed Funds Agreement”, which would allow the locals to provide a loan of the federal cost share balance due, with no guarantee of repayment, was being reviewed by the County’s Law Department. Mr. Perez stated the Jacksonville District has the authority to execute the “Contributed Funds Agreement”, which doesn’t require the more timely execution by ACOE Headquarters. Mr. Espinosa noted the “Local Advanced Funding Agreement” would need to be executed before using any of the additional State funding which the County is seeking this legislative session, and if appropriated would become available upon the commencement of the State’s Fiscal Year 2008 on July 1, 2007. Mr. Espinosa and Mr. Perez agreed it is feasible for the required “Contributed Funds Agreement” to be executed before July 1, 2007 , in order to use the potential additional ST funding and leftover local funding for the project. 

Mr. Brett Bibeau stated he was in Tallahassee on March 27 & March 28, supporting the County’s “critical priority” legislative requests for $13.8 million towards “contributed funding” for the project, which are priority items for the Honorable House Sponsor Rivera and Senate Sponsor Diaz de la Portilla. Mr. Bibeau met with nearly the entire Dade Delegation, and or their staff, whom remain in support of finishing the 40% complete project, and understand the project’s benefits will only be realized upon completing dredging to the confluence with Biscayne Bay . The Senate appropriations bill currently includes $6 million for the Miami River maintenance dredging project.

Mr. Evan Skornick, South Florida Water Management District (SFWMD), stated the Florida Inland Navigation District (FIND) grants would allow local advanced funding.

III. Update River Utility Crossings – The dredging subcommittee noted the ACOE’s request for utilities to be relocated deeper beneath the federal navigable channel in preparation for dredging is continuing on schedule.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section - Mr. Orin Black , Marilyn Properties (owner of parcels immediately north and south of the NW 5 ST Bridge’s west side) stated the removal of the NW 5 ST Bridge is underway, and coffer dams have been installed on both shores. Mr. Espinosa stated Mr. Black’s permit to reconstruct the adjacent shoreline to outside of the federal navigable channel will be considered by the Board of County Commissioners in May. 

Mr. Jeffrey Hooper, AME Shipping, stated the County conducted a site visit over one month ago for his shoreline repair permit application, and asked the DERM representatives if they knew the status of his application. Mr. Espinosa asked Mr. Hooper to contact Mr. Lee Hefty, DERM, whom would be able to provide the status on his permit application. 

V. New Business – The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for May 16, 2007, 10 am, 1407 NW 7 ST.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE), requested MRC staff revise page 1 of the April 18, 2007 meeting minutes as followed: “Mr. Espinosa added the draft “Contributed Funds Agreement,” which would allow the locals to provide funding on behalf of the federal cost-share balance due, with no guarantee of repayment, was being reviewed by the County’s Law Department.” The GSC approved the revised minutes.

Mr. Perez noted the ACOE received the Florida Department of Environmental Protection’s executed modified and extended water quality certificate for the Miami River maintenance dredging project on May 15. Mr. Perez stated he expected the ACOE contracting division to award dredging in the projects acceptance sections 7 & 8, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY ’07 CR. Chair Buermann asked if the project was in any danger of losing any federal dollars previously appropriated, and Mr. Perez replied no.

Mr. Perez stated the ACOE’s Jacksonville District sent the Board of County Commissioners approved “Local Advance Funding (LAF) Agreement” to the South Atlantic Division, which forwarded it to ACOE Headquarters in DC. Mr. Perez stated he had provided two rounds of additional information requested by ACOE Headquarters related to the LAF, and believes they have all of the information necessary to approve the agreement. Mr. Kelly noted he believed the LAF had already been forwarded to the Assistant Secretary of the Army (ASA) Woodley for final signature. Mr. Kelly added the Senate & House were expecting to receive the required ACOE’s notification of the LAF agreement before the next AS is awarded. Mr. Perez noted it is not his understanding that the LAF had been approved and forwarded to ASA Woodley yet, and clarified that on May 8 the ACOE provided the required notification regarding the LAF to Congress. 

Mr. Bibeau asked if the DSC April 2007 minutes had accurately reflected the LAF agreement approval process. Mr. Perez agreed, restating the ACOE’s Jacksonville District sent the agreement to the South Atlantic Division, which forwarded it to ACOE Headquarters in DC for approval, followed by transmittal to the County for the Mayor’s signature, and subsequently returning the signed agreement for Assistant Secretary of the Army (ASA) Woodley’s final signature, before the proffered previously appropriated local cost share may be spent faster than the pledged federal cost share balance due to complete the project. Mr. Bibeau asked for the estimated timeline for the County to approve the agreement, and Mr. Espinosa stated the agreement will be presented to a Board of County Commissioners subcommittee in June, followed by the full Board in July. Mr. Bibeau suggested all the project’s partners encourage the ACOE to expedite the process of executing the LAF Agreement, followed by the Contributing Funding Agreement, which is the only means to use the this additional currently appropriated local funding to continue dredging beyond AS 8, and hopefully avoid a costly potential second temporary demobilization in October.

Mr. Carlos Espinosa , Director of the Miami-Dade County Department of Environmental Resource Management (DERM), stated the FL legislature recently appropriated $5 million towards the federal cost share balance due, and an additional $800,000 to complete the State’s originally pledged local cost share for the project. Mr. Espinosa suggested the South Florida Water Management District administer this $5.8 million in ST appropriations for the project, because they are accessible at the local level and attend the MRC meetings. Mr. Evan Skornick , SFWMD, replied that the ST’s previous appropriations for the project have been administered by the Florida Department of Environmental Protection (FDEP), but agreed to look into that possibility. Mr. Buermann stated if DERM would like the SFWMD to administer the new ST $5.8 million appropriation, and it is in the best interest of the project, then the SFWMD should accept that responsibility. Mr. Perez noted the “Contributed Funds Agreement” will also be forwarded to ACOE HQ and ASA Woodley for approval in a similar fashion to the process followed by the “Local Advanced Funding Agreement”.

Mr. Bibeau asked Mr. Skornick for the status of the Florida Inland Navigation District (FIND) grants. Mr. Skornick provided the following update:

Mr. Bibeau distributed the MRC DSC’s updated Miami River maintenance dredging project funding summary, and DERM’s “Miami River Dredging project – Cost sharing projections 2006” spreadsheet. Mr. Perez stated that $1.8 million of the $4.5 million appropriated for the project in the FY ’05 supplemental bill will be used towards the federal cost share to award AS 7 & 8. Mr. Bibeau noted if the remaining $2.7 million is spent evenly between the remaining 9 acceptance sections, an estimated $385,714 would be available per section, rather than the $500,000 calculated on the provided summary, due to the ACOE using $1.8 million of the $4.5 million supplemental appropriation towards Acceptance Sections 7 & 8. Mr. Bibeau noted the grand total currently appropriated and unexpended funding for the project is over $31 million. The MRC DSC concurred the currently appropriated $31 million plus an estimated $6 million federal FY ’08 appropriation, would provide sufficient funding to dredge acceptance section 7-12 of 15. Mr. Perez clarified that the final demobilization line item ($1.13 million) was already encumbered. Mr. Bibeau therefore noted the MRC DSC dredging funding summary should be further revised by reducing what the expected federal cost share balance due to complete the project would be upon reaching Acceptance Section 12 becomes $9 million to dredge the final three acceptance sections (AS 13-15).

Mr. Bibeau thanked the FL Legislature for their recent $5.8 million in appropriations for the project, including the sponsors, Honorable Representative David Rivera and Honorable Senator Alex Diaz de La Portilla. Mr. Bibeau thanked the Greater Miami Chamber of Commerce for including the Miami River maintenance dredging project as one of their priority goals for years. Mr. Bibeau added as in previous years he would be participating in the 2007 Greater Miami Chamber of Commerce Goals Conference, which will be held on Friday, June 1, 2007-Saturday , June 2, 2007 , Biltmore Hotel, Coral Gables . Mr. Bibeau noted he had registered for the June 1 “Double Session: The Advocacy Group-Local, State, Federal & Global Issues,” as well as the Saturday, June 2 “ New World Center (Downtown Miami)” & “Transportation, Infrastructure & Regionalism” workshops to recommend the GMCC maintain their strong support for the project.

Mr. Bibeau noted MRC staff has recently launched its annual Miami River Dredging support letter campaign. Mr. Bibeau noted draft dredging support letters respectfully requesting the federal cost-share balance due, addressed to the Honorable Senator Nelson, Honorable Senator Martinez, Honorable Senate Energy and Water Chair and Ranking Members Reid and Dominici, Honorable House Energy and Water Chair and Ranking Members Visclosky and Hobson, Honorable Rep. Ros-Lehtinen, Honorable Rep. Debbie Wasserman Schultz, Honorable Rep. Kendrick Meek, Honorable Rep. Mario Diaz Balart, Honorable Rep. Lincoln Diaz-Balart, General Strock and OMB Director Portman, were provided to staff of the County Commissioners, City Commissioners, marine industrial businesses and GMCC. Mr. Bibeau thanked Dr. Fran Bohnsack, Miami River Marine Group, Miami-Dade County Commissioner Carlos Gimenez and Miami City Commissioner Joe Sanchez for quickly mailing their river dredging support letters to the aforementioned parties.

Chair Eric Buermann asked if the support letter campaign for the dredging project is a worthwhile effort on behalf of the MRC, and Mr. Sean McGraw, Weston Solutions, noted he believed the letter writing creates visibility and awareness for the project. Mr. Pat Kelly, Weston Solutions, confirmed their effectiveness.

III. Update River Utility Crossings – The dredging subcommittee noted the ACOE’s request for utilities to be relocated deeper beneath the federal navigable channel in preparation for dredging is continuing on schedule.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Bibeau noted Mr. Orin Black , Marilyn Properties (owner of parcels immediately north and south of the NW 5 ST Bridge’s west side), was unable to attend today’s dredging meeting, but sent an e-mail expressing gratitude to the County for issuing his shoreline permit so that at his cost he may reconstruct the seawall, removing the portion located in the federal navigable channel, before dredging arrives in that section of the river. Mr. Bibeau noted Mr. Black is expecting to receive final executed permits from DERM this week, and will then go to the City for approval, since they own a small portion of the area which will be removed from the federal navigable channel during the project. Mr. Bibeau added Mr. Black hopes to begin work in about 2 months.

Mr. Bibeau thanked the Florida Department of Transportation (FDOT) for removing the spans of the NW 5th Street Bridge prior to dredging. Mr. Bibeau stated the project seems to be removing a significant portion of the FDOT land built in the federal navigable channel as well.

V. New Business – Mr. Pat Kelly, Weston Solutions, expressed dissatisfaction with the costly procedure involved with demobilization, and therefore preferred to remobilize only one last time to complete the dredging project. Mr. Kelly noted the Joint-Venture has submitted a request to the ACOE to request an increase to the total contract costs, due to increased sediments/rock found in AS 1-6. Mr. Kelly stated although their contract expires in April 2009 (7 months into FY ’09), there is a clause in the contract requiring no awards of additional Acceptance Sections later than the last day of FY ’08, September 30, 2008. Therefore, FY ’08 is the last opportunity to secure the $26 million federal cost share balance due to complete the project. Kelly stated since the President only budgeted $4.5 million for the project in FY ’08, a best case scenario congressional appropriation would be an estimated $6 million. Mr. Kelly estimated if remobilized now, they would complete dredging AS 7-12 by May 2008 and since all the available funding would be expended, they would incur their second demobilization, and since no further federal fiscal years would be available, the contract would then expire prior to the remobilization to dredge the final three acceptance sections. Mr. Kelly added the JV venture contract expires on September 30, 2008 , and can not be extended due to the prohibition on continuing contracts found in section 108 of the 2006 appropriations act. Therefore, Mr. Kelly stated the only remaining option to complete the project without a contract amendment would be for the State, County, FIND, SFWMD, and or City to collectively appropriate the grand total $9-12 million federal cost share balance due in their respective upcoming budgets, prior to September 30, 2008, when the ACOE is not allowed under their contract to award further acceptance sections.

Mr. Kelly stated a modification to the contract would be considered only if it was agreed that the JV would remobilize only one last time. Mr. Kelly recommended ending the contract on May 1, 2008 until the remaining federal dollars have been received. Mr. Buermann asked if the time extension would include an increased cost per cubic yard dredged from the river, and Mr. Kelly replied the time extension amendment to their existing contract may also include an increased cost per cubic yard removed. 

Though he expressed sympathy for the contractor’s situation, Chair Buermann stated that the MRC must operate under the best interests of completing the project and the tax payers. The DSC members noted the contract is with the ACOE, which is the only agency with the authority to decide when to remobilize their dredging contractors. Furthermore, the DSC noted as reported earlier in the meeting, millions in FIND grant awards would be jeopardized if the project remains demobilized. Chair Buermann noted the DSC will continue working together to obtain the remaining cost-share balance due to complete the project before the current contract expires in April 2009, which would result in further delays, and any new contract would most likely include an increased price per cubic yard dredged than the existing price, which was set when the current contract was executed in 2004. Futhermore, dredging AS 1-6 produced leftover funding, which is anticipated as dredging continues. Mr. Buermann stated the MRC and locals recognize that Mr. Kelly’s estimation that Congress will be unable to appropriate their entire $26 million in this contract’s final FY ’08 cycle is accurate. Therefore, Mr. Buermann noted for over a year the locals have been working towards providing the federal cost share balance due to complete the project under the current contract, without any guarantee of future federal appropriations after the project is done to repay this additional local cost share. This effort will hopefully avoid further demobilizations, in order to save tax payer funding by completing the project at the lowest cost possible, rather than incurring additional unnecessary demobilization costs, delays, and potentially contract cost increases per cubic yard removed.

Mr. Bibeau asked for the County’s status in applying for the federal grant opportunities for the project identified by the MRC, and Mr. Espinosa stated he would provide a status on the County’s applications to the federal grants during the June MRC DSC meeting. Mr. Bibeau distributed a Miami Today article entitled “State contributes $5 million for river dredging.”

The Dredging subcommittee confirmed the next meeting for June 22, 2007 , 10 am , since Mr. Bibeau will be out of town during the regularly scheduled third Wednesday of the month meeting.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Brett Bibeau, MRC Managing Director, noted Mr. Sean McGraw, Weston Solutions, requested that MRC staff revise pages 4 and 5 (V. New Business) of the May 16, 2007 meeting minutes as followed: Page 4 “Mr. Kelly noted the Joint-Venture has submitted a claim to the ACOE due to increased sediments/rock found in AS 1-6. Page 5 “Mr. Buermann asked if the time extension would include an increased cost per cubic yard, and Mr. Kelly replied the time extension amendment to their existing contract may also include an increased cost per cubic yard removed.” The DSC approved the revised minutes.

Mr. Dorian Valdes, Miami-Dade County Department of Environmental Resource Management (DERM), noted Mr. Carlos Espinosa, Director of DERM, was unable to attend today's meeting due to a previously scheduled appointment with the County Manager . Mr. Valdes noted he had recently spoken to Mr. Rene Perez, Army Corps of Engineers (ACOE), whom stated that he had provided Mr. Brett Bibeau, MRC Managing Director, with an update. Mr. Bibeau noted Mr. Perez had reported that the ACOE contracting division had award dredging in the projects acceptance sections 7 & 8 on may 24, 2007, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY '07 CR. Mr. Bibeau noted that, considering this reported information, a Notice to Proceed (NTP) would be issued between 1-30 days, and the contractors would then have 60 additional days for remobilization from issuance of the NTP.

Mr. Bibeau stated that, according to Mr. Perez, the contractors had recently met with ACOE representatives to request an extension in the timeline of the Miami River Maintenance Dredging project, noting two reasons:

Mr. Bibeau noted the ACOE had not indicated if they would grant the contractors the requested extension. Mr. Buermann asked Mr. Bibeau to request that the ACOE minimize delays as much as possible. Mr. Bibeau distributed the “Miami River Maintenance Dredging completion estimated timeline as of June 7, 2007 , subject to change, based on an estimate of 1,400 cubic yards per day, prepared by the Miami River Commission.” The DSC discussed several milestones in the estimated timeline, including:

Mr. Buermann asked if the adoption of the CFA looked promising, and Mr. Valdes replied there shouldn't be a problem. Mr. Bibeau stated Mr. Perez had noted that ACOE Headquarters had submitted several inquiries regarding the “Local Advanced Funding (LAF) Agreement.” Mr. Perez stated he had provided the additional information requested by ACOE Headquarters related to the LAF, and believes they have all of the information necessary to approve the agreement. Mr. Bibeau noted that the LAF needed to be executed by January 2008 in order to avoid demobilization.

Mr. Bibeau noted MRC staff has recently launched its annual Miami River Dredging support letter campaign. Mr. Bibeau noted draft dredging support letters respectfully requesting the federal cost-share balance due (FY '07 & FY'08), addressed to the Honorable Senator Nelson, Honorable Senator Martinez, Honorable Senate Energy and Water Chair and Ranking Members Dorgan and Dominici, Honorable House Energy and Water Chair and Ranking Members Visclosky and Hobson, Honorable Rep. Ros-Lehtinen, Honorable Rep. Debbie Wasserman Schultz, Honorable Rep. Kendrick Meek, Honorable Rep. Mario Diaz Balart, Honorable Rep. Lincoln Diaz-Balart, General Strock and OMB Director Portman, were provided to staff of the County Commissioners, City Commissioners, the South Florida Water Management District, marine industrial businesses and the GMCC. Mr. Bibeau noted that additional letters addressed to Antwerp and Schroedel had been provided to Honorable Rep. Ros-Lehtinen, Miami-Dade County Commissioner Jose “Pepe” Diaz and Miami City Commissioner Marc Sarnoff. Mr. Bibeau thanked everyone for their continued efforts.

Mr. Bibeau distributed an updated “Miami River Maintenance Dredging Project Funding” summary. Mr. Bibeau noted he had removed the final demobilization line item from last month's summary. The DSC reviewed and discussed the June 11, 2007 summary, noting several items:

The DSC noted the Miami River Maintenance Dredging project is approximately $9 million shy of completion. Mr. Bibeau asked that Mr. Valdes request $5 million from the County. Mr. Bibeau noted Miami-Dade County Chairman Bruno Barreiro and Mr. Robert Villar , Office of Mayor Carlos Alvarez , are supportive of including $3 million in the County's FY'08 budget for contributed funds. Mr. Buermann noted he would request an additional $3 million from the South Florida Water Management District.

Mr. Bibeau noted $367 million has been included in the President's FY'08 budget for South Atlantic Division O & M projects, and noted the Miami River 's ability to potentially receive some of this funding.

Mr. Hector Rodriguez , Florida Department of Transportation, asked if the dredging contractors would be entitled to any claims, and Mr. Bibeau replied that decision would be up to discretion of the ACOE.

Mr. Bibeau asked Mr. Skornick for the status of the Florida Inland Navigation District (FIND) grants. Mr. Skornick provided the following update:

Chair Buermann asked if the FIND dollars could be the first funds expended when the contractors recommence dredging, and Mr. Skornick replied FIND would possibly willing to accommodate this request

Mr. Skornick reviewed the FIND cost-shares included in the “Miami River Maintenance Dredging Project Funding” summary, and noted the FY'06 and FY'07 grant line items should be amended to $1.5 million and over $2 million respectively. Mr. Skornick suggested that Mr. Bibeau include an additional line item: FY'04=$680,000. Mr. Skornick agreed to provide the exact FIND grant amounts and the expended FIND cost-share to Mr. Bibeau prior to the July DSC meeting.

Mr. Bibeau distributed DSC meeting minutes of December 20, 2006 and February 21, 2007 . Mr. Bibeau noted that on December 20, 2006 , he had provided Mr. Ray Baker, DERM, a list of 6 federal grant opportunities, which the County was eligible to apply for to obtain a federal cost-share for the bank-to-bank dredging component located outside of the federal navigable channel. Mr. Bibeau noted Mr. Baker had stated at the meeting the county's willingness to evaluate the grant opportunities and apply to any that appeared to be viable. Mr. Bibeau cited the meeting minutes of February 21, 2007 , in which Mr. Baker stated that the County had agreed to the MRC's recommendation to apply for an “EDA” grant for to obtain a federal cost-share for the bank-to-bank dredging component located outside of the federal navigable channel. Mr. Bibeau noted that Mr. Baker has since resigned from DERM, and distributed a list of former and new potential federal environmental grant opportunities, including FEMA's Pre-Disaster Mitigation Grant program. Mr. Bibeau provided Mr. Valdes a CD of the Department of Commerce's Economic Development Administration grant (included in the MRC grant list). Mr. Valdes noted DERM has a specific individual on staff that researches grant opportunities, and agreed to discuss and coordinate DERM's application for the EDA grant with this person.

III. Update River Utility Crossings – The dredging subcommittee noted the ACOE's request for utilities to be relocated deeper beneath the federal navigable channel in preparation for dredging is continuing on schedule.

IV. Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Hector Rodriguez , Florida Department of Transportation, noted all waterway obstructions have been removed, including the fender system and bridge foundation. Mr. Rodriguez noted that two single piles located at -17 depth could not be removed. Per Mr. Valdes' request, Mr. Rodriguez agreed to forward those locations.

Mr. Rodriguez noted the river would be temporarily shut down for a low-lift operation on August 7 for three consecutive days, and tentatively for three more days in August 2008. Mr. Rodriguez asked which Acceptance Section included the NW 12 th Avenue Bridge, and Mr. Bibeau replied AS 9. Mr. Rodriguez noted the 12 th Ave. Bridge contractors are currently utilizing the north bank area adjacent to the NW 5 th Street Bridge as a staging site.

V. New Business – The following items were addressed/discussed:

The Dredging subcommittee confirmed the next meeting for July 18, 2007 , 10 am .

The Dredging Subcommittee reviewed and approved the June 22, 2007 meeting minutes.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Dorian Valdes, Miami-Dade County Department of Environmental Resource Management (DERM), noted Mr. Carlos Espinosa, Director of DERM, was unable to attend today's meeting due to a previously scheduled appointment with the County Manager . Mr. Valdes noted he had recently spoken to Mr. Rene Perez, Army Corps of Engineers (ACOE), and on May 24, 2007 the ACOE awarded dredging in the projects acceptance sections 7 & 8, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY '07 CR. Mr. Bibeau stated it his understanding from previous dredging subcommittee discussions that the current contract provides 60 days for the contractors to remobilize from the time of award, therefore dredging is currently scheduled to recommence in the Miami River by July 23, 2007 . Mr. Bibeau reported Mr. Perez indicated the contractors recently met with ACOE representatives to request an extension to the 60 days provided for their remobilization, based on the timeline for the Boskalis sediment processing plant to return from overseas and to resolve a seawall related issue at the AME Shipping property the contractors lease as an additional sediment processing area. Mr. Bibeau stated Mr. Perez indicated the ACOE is yet to make their decision regarding the contractors recent request to extend the 60 days the contract currently allows from award of the acceptance section to recommence dredging. Chair Buermann stated the MRC would like to minimize delays as much as technologically and logistically possible.

As requested by Mr. Buermann, Mr. Bibeau distributed the “Miami River Maintenance Dredging completion estimated timeline as of June 7, 2007, subject to change, based on an estimate of 1,400 cubic yards per day, prepared by the Miami River Commission.” and updated June 11, 2007 project funding summary, incorporating the revisions requested during the Dredging subcommittee's May meeting. Mr. Evan Skornick, South Florida Water Management District (SFWMD) offered to provide clarification for the funding awarded by the Florida Inland Navigation District (FIND).

Mr. Valdes reported on June 12, 2007 , Miami-Dade County 's “GOE” subcommittee unanimously adopted the Contributed Funds Agreement (CFA) without discussion. Mr. Valdes noted the Board of County Commissioners will consider approving the CFA on July 24, 2007 . Mr. Bibeau stated Mr. Perez reported the Jacksonville District had replied to a few sets of simple questions regarding the Local Advanced Funds (LAF) Agreement, which was approved several months ago by the Board of County Commissioners, and Perez believes ACOE Headquarters has all of the information necessary to approve the agreement. Mr. Bibeau noted the distributed project estimated timeline indicates the LAF needs to be executed by January 2008 in order to avoid a second demobilization.

Mr. Bibeau noted per the MRC's recommendation, the annual Miami River maintenance dredging support letter writing campaign is well underway. Mr. Bibeau provided copies of the numerous support letters mailed from local elected officials, businesses, etc., respectfully requesting the federal cost-share balance due in FY '08 & FY'09, addressed to the Honorable Senator Nelson, Honorable Senator Martinez, Honorable Senate Energy and Water Chair and Ranking Members Dorgan and Dominici, Honorable House Energy and Water Chair and Ranking Members Visclosky and Hobson, Honorable Rep. Ros-Lehtinen, Honorable Rep. Debbie Wasserman Schultz, Honorable Rep. Kendrick Meek, Honorable Rep. Mario Diaz Balart, Honorable Rep. Lincoln Diaz-Balart, General Strock and Office of Management and Budget (OMB) Director Portman. Mr. Bibeau thanked everyone whom recently wrote letters to express their continued strong support for obtaining the federal cost share balance due to finish the 40% complete Miami River maintenance dredging project.

Chair Buermann noted the distributed project completion estimated timeline indicates a projected potential $9 million shortfall in the federal cost balance due to finish the project when the 5 year contract expires in April 2009, therefore restated the MRC's recommendation for the local cost share partners to secure the federal funding shortfall in their respective FY '08 budget cycles. Chair Buermann noted although there is no guarantee the locals will be reimbursed for the additional Federal cost share they provide in order to complete the project under the current contract and price, there is a precedent for federal cost share reimbursement after the locals provide additional funding necessary to complete a project, therefore the locals will seek the potential reimbursement of the federal cost share balance due. Mr. Buermann suggested the County request $5 million from the Legislature during their 2008 session, which is the same amount the Legislature appropriated towards the project's federal cost share during the 2007 session, when the County was requesting $13 million. Mr. Bibeau noted Miami-Dade County Chairman Bruno Barreiro and Mr. Robert Villar , Office of Mayor Carlos Alvarez , are supportive of possibly including $3 million in the County's FY'08 budget for contributed funds. Chair Buermann stated he requested an additional $3 million from the South Florida Water Management District in their FY '08 budget, and SFWMD Executive Director Carol Wehle was positive about the request and supportive of completing the long awaited and widely supported project. Mr. Bibeau noted if the locals provide the additional funding, the grand total County cost share of the $86 million project would become $6.7 million, and the SFWMD cost share would become $3 million.

Mr. Evan Skornick, SFWMD, provided the following update regarding the Florida Inland Navigation District (FIND) grant awards for the project.

Mr. Skornick stated he spoke with the FIND Executive Director, whom indicated no opposition to FIND's approval of the requested amendments. Chair Buermann asked if the FIND dollars could be the first funds expended when the contractors recommence dredging. Mr. Skornick indicated although the original FIND grant applications indicate specific Acceptance Sections in which each FY FIND grant would be spent, yet the related FIND contract agreements do not indicate specific sections, therefore he believes there is no current restraints regarding which section the awarded FIND grant funding may be utilized which allows the FIND funding to be utilized in the Local Advanced Funds Agreement.

MRC staff provided Mr. Valdes, on behalf of DERM, with a list of several federal grant opportunities, which the Dredging subcommittee previously recommended the County apply for to possibly obtain the additional federal cost share balance due to complete the Miami River maintenance dredging project. In addition, MRC staff provided Mr. Valdes with a CD containing the Department of Commerce's Economic Development Administration (EDA) grant application opportunity. MRC staff distributed DSC meeting minutes of December 20, 2006 , which indicate the Dredging subcommittee recommended grant opportunities were provided to Mr. Ray Baker, DERM, whom stated the County agreed to apply for the EDA grant. Mr. Bibeau noted that Mr. Baker has since left DERM to become an Assistant County Manager, therefore MRC staff wanted to resubmit the grant opportunities to the new DERM representatives participating with the Dredging subcommittee. Mr. Valdes noted DERM has a specific individual on staff that researches grant opportunities, and agreed to discuss and coordinate DERM's application for the EDA grant with this person.

III. Update River Utility Crossings – The dredging subcommittee noted the ACOE's request for utilities to be relocated to the appropriate depth beneath the federal navigable channel in preparation for dredging is continuing on schedule.

IV. Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Hector Rodriguez , Florida Department of Transportation, noted all waterway obstructions within the federal navigable channel have been removed, including the fender system and bridge foundation. Mr. Rodriguez noted that two single piles located outside at -17 depth could not be removed. Per Mr. Valdes' request, Mr. Rodriguez agreed to forward those locations to DERM and the ACOE.

Mr. Rodriguez noted the Federal navigable channel near the NW 12 Ave Bridge replacement project needs to be closed starting August 7, 2007 , for three consecutive days, and tentatively for three more days in August 2008. Mr. Rodriguez asked which Acceptance Section included the NW 12 th Avenue Bridge, and Mr. Bibeau replied AS 9, and according to the provided estimated timeline, dredging within AS 9 would take place Dec. 1, 2007 – Jan. 15, 2008 .

V. New Business – The following items were addressed/discussed:

The Dredging subcommittee confirmed the next meeting for July 18, 2007 , 10 am .

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) reported that ACOE JAX Colonel Grosskruger provided the final required signature to fully execute the Project Cooperation Agreement (PCA) Amendment on August 14, 2007, and he had provided two executed copies to DERM. Mr. Brett Bibeau, MRC Managing Director, thanked the ACOE and Miami-Dade County , and distributed copies of the final “Project Cooperation Agreement Amendment No. 1 Between the Department of the Army and Miami-Dade County , Florida for Construction and Operation of a Dredged Material Management Facility at the Miami River , Florida Federal Navigation Project.” MRC staff distributed copies of the “Elected Representative Appropriations vs. Paperwork and Signatures August 15, 2007,” which features a status update of agreements (paperwork) which needs to be fully executed ASAP in order to use the currently available funding and avoid an additional demobilization only a couple of months after dredging recommences. Mr. Bibeau noted the distributed document states:

“The PCA Amendment defines “accelerated funds” as “the non-federal sponsor may propose to accelerate its provision of funds to the Government in an amount not to exceed the current estimate of the non-federal sponsor's required cash contribution” (pg 1) .  The PCA Amendment defines “non-required contributed funds” as “the non-federal sponsor may offer to contribute funds to the Government in an amount that exceeds the current estimate of the non-federal of the non-federal sponsors required cash contribution” Upon full execution, the PCA Amendment requires the following additional steps before the currently appropriated and available $28 million in “accelerated funds” and “non-required contributed funds” may be expended to continue the 40% Miami River maintenance dredging project:

1.  Required written documents from the non-federal sponsor, Miami-Dade County , to the Army Corps of Engineers (ACOE)

A. The local project sponsor ( Miami-Dade County ) to offer accelerated funds to the ACOE in writing. PCA Amendment M (pg 2) states, “The Non-Federal Sponsor may offer in writing to accelerate a portion or all of its required cash contribution…limited to an amount that does not exceed the most current estimate of the total of the non-federal sponsor's required cash contribution”

B. The local project sponsor ( Miami-Dade County ) to offer non-required contributed funds” to the ACOE in writing. PCA Amendment M (pg 2) states, “The Non-Federal Sponsor may offer in writing to accelerate a portion or all of its required cash contribution…limited to an amount that does not exceed the most current estimate of the total of the non-federal sponsor's required cash contribution”

2) ACOE obtaining “approvals and concurrences as customarily are required to accept” Miami-Dade County 's aforementioned written offers to provide accelerated funds and non-required contributed funds.

A. PCA Amendment M. (pg 2) states, “Upon receipt of such offers or offers, the Government, subject to receiving such approvals and concurrences as customarily are required to accept such funds.”

B. PCA Amendment O. (pg 3) states, “Upon receipt of such offers or offers, the Government, subject to receiving such approvals and concurrences as customarily are required to accept such non required contributed funds”

3) Required written documents from the ACOE to Miami-Dade County , formally accepting the aforementioned County's written offers of accelerated funds and non-required contributed funds.

A. PCA Amendment M. (pg 2) states, “If the Government elects to accept such funds (accelerated funds), it shall notify the Non-Federal Sponsor of such acceptance in writing”

B. PCA Amendment O. (pg 3) states, “If the Government elects to accept such funds (non-required contributed funds), it shall notify the Non-Federal Sponsor of such acceptance in writing”

Mr. Perez noted he would inquire regarding the status and extent of the “ACOE obtaining approvals and concurrences as customarily are required to accept such funds” and report his findings to the DSC. Mr. Espinosa stated the additional paperwork are minor transmittals which will not take long to execute. Mr. Bibeau asked if the County's previously approved Local Advanced Funds Agreement and Contributed Funds Agreement still need to be executed by the ACOE, considering the PCA Amendment has been fully executed. Mr. Espinosa and Mr. Perez stated although the PCA Amendment is the only agreement required to use the “accelerated funds” and “non-required contributed funds” the ACOE and DERM are continuing to discuss the potential of executing the Local Advanced Funds Agreement as well.

Mr. Bibeau distributed and reviewed the following additional river dredging related documents:

Mr. Bibeau noted the distributed project completion estimated timeline indicates a projected potential $9-12 million shortfall in the federal cost balance due to finish the project when the 5 year contract expires in April 2009. The dredging subcommittee noted the current federal funding shortfall is $16.5 million, and since the contract requires all funding for final acceptance section awards be secured by September 30, 2008 , FY '08 is the final fiscal year under the current 5 year contract and price. Mr. Bibeau reported the President's FY '08 (starts October 1, 2007 ) budget submittal includes a $4.5 million line item for the project, while the Senate's Energy and Water Bill contains a record high $7.5 million line item. Therefore, Mr. Bibeau restated the MRC's recommendation for the local cost share partners to secure the remaining $9 - $12 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price.

Mr. Bibeau noted that during the DSC July 18, 2007 meeting, Mr. Buermann had suggested that the County request $5 million from the Legislature during their 2008 session, which is the same amount the Legislature appropriated towards the project's federal cost share during the 2007 session, when the County was requesting $13 million. Chair Buermann also requested an additional $3 million from the South Florida Water Management District in their FY '08 budget, suggested that the SFWMD apply for $3 million from FIND for FY '08, and directed MRC staff to advocate for the County and City to appropriate $3 million each. The dredging subcommittee noted although their is no guarantee the federal government will refund any additional contributed funds appropriated from the locals to cover the shortfall to the pledged federal cost share, a refund will be sought in future federal fiscal year appropriations after the project has hopefully been completed. Mr. Skornick noted that if the SFWMD's $3 million FIND grant application, due by April 2008, is awarded, funding would become available on October 1, 2008 , the day after the dredging contracts September 30, 2008 deadline to receive funding in order to award the projects final acceptance sections. Mr. Bibeau noted Chair Buermann had expressed his support of the SFWMD providing a bridge loan which would be refunded if FIND awards the final $3 million grant.

Mr. Bibeau noted he received a general e-mail from the Honorable State Representative Tom Saunders, whom is currently trying to include Community Based Initiative Requests (CBIRs) in the Honorable Governor's FY '08 budget recommendation, which will be submitted to the Legislature in October 2007 and then acted upon during the 2008 legislative session. Bibeau asked Mr. Espinosa if the County has endorsed requesting $5 million from the Legislature during their 2008 session, and Mr. Espinosa replied DERM had recently submitted a $10 million State request recommendation to the County's Dept. of Intergovernmental Affairs. Mr. Espinosa noted since DERM is recommending requesting $10 million from the Legislature during the 2008 Legislative session, which starts in Spring of 2008, DERM is not recommending the County appropriate an additional $3 million in their FY '08 budget, which will be adopted by the Board of County Commissioners in September 2007. Mr. Espinosa explained the FL Legislature's mandated tax reductions have resulted in a major reduction between the County's FY '07 and proposed FY '08 budgets, which will in part result in cutting over a thousand County employees, therefore there is insufficient available County funding to appropriate an additional $3 million as a line item in their FY '08 budget towards the federal cost share balance due, with no guarantee of future reimbursement by Congress. Mr. Bibeau asked if the Board of County Commissioners is scheduled to consider adopting their ST Legislative Package, including the Miami River Maintenance Dredging project's FY '08 budget request, prior to the FY '08 budget submittal in October 2007, in order to be able to advocate for the funding's inclusion in the budget. Mr. Espinosa suggested Mr. Bibeau contact Mr. Joe Rasco, Miami-Dade Intergovernmental Affairs.

Mr. Bibeau asked for the status of DERM's application to the Department of Commerce's Economic Development Administration (EDA) federal grant opportunity, again provided by MRC staff at the DSC June 22 meeting, to potentially fund up to $4 million for the dredging project. Ms. Marina Blanco -Pape replied DERM staff had researched the federal grant opportunity and noted there are some prohibitions against using multiple federal funding sources for the same project. Mr. Perez asked Ms. Ashley Chase, MRC Assistant Managing Director, to forward him the potential EDA federal grant application for the ACOE Jacksonville District's Attorney, John Pax, to review and verify if the grant is applied to by the County and awarded by the EDA, could the awarded federal grant funding be used towards “non-required contributed funds” for the Miami River maintenance dredging project.

Mr. Bibeau noted that on May 24, 2007 , the ACOE awarded dredging in the project's acceptance sections 7 & 8, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY '07 CR. Mr. Perez stated the contract allows 60 days for the contractors to remobilize and continue dredging, which expires on July 24, 2007 . Mr. Perez noted he had previously reported that the contractors had met with ACOE representatives regarding their request for a 120-day extension to the 60 days provided in the contract for their remobilization, partially based on the 8 week timeline for the Boskalis sediment processing plant to return from Belgium and to resolve a seawall-related issue at the AME Shipping property the contractors lease as an additional sediment processing area. Mr. Perez noted that, per the request of ACOE representatives, the contractors have submitted additional information. Mr. Perez added that once the additional information has been reviewed, the ACOE will render a decision regarding the contractors' request to extend the 60 days the contract currently allows from award of the acceptance section to recommence dredging.

The DSC agreed to work on accomplishing the following items within the next 30-60 days, and prior to the dredging subcommittee's October 17 meeting:

III. & IV. Update River Utility Crossings and Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez noted there were no utility issues to report at this time, according to Ms. Pat Hanson, ACOE Construction Division. The DSC welcomed U.S. Coast Guard representative Lt. Chaning Burgess. Lt. Burgess noted the U.S. Coast Guard district staff had recently received a letter from Mr. John Palenchar, The Florida Department of Transportation, whom had indicated that the 8 piles left behind by FDOT within the dredging prism of the NW 5 th Street Bridge would be removed commencing in June 2008 - December 2008, when construction of the new NW 5 th Street Bridge starts, which is located with the dredging project's Acceptance Section 11. The DSC noted that according to the distributed dredging project estimated timeline, February 9, 2008 is the earliest potential date when dredging may commence within Acceptance Section 11, which includes the vicinity of the NW 5 th Street Bridge. Mr. Perez noted the ACOE had informed the FDOT that they were not in compliance with the ACOE NW 5 ST Bridge replacement permit, and reminded them that it was FDOT's responsibility to remove the piles to a depth of 21 feet Mean Low Water (MLW). Dr. Fran Bohnsack, Miami River Marine Group, asked if there were any consequences associated with non-compliance, and Mr. Perez replied that FDOT has been made aware of the legal ramifications. Mr. Perez added the ACOE's previous letter to the FDOT, which was provided to the MRC, states if the obstructions are removed prior to the arrival of the ACOE contracted dredgers, then they would include that quantity of additional dredged material in their contract, yet if the obstruction remains the contractors will not dredge within this vicinity and FDOT will be required to fund and conduct the required dredging of the federal navigable channel around the NW 5 ST Bridge.

V. New Business – The following items were addressed/discussed:

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month publicly noticed meeting for September 19, 2007 , 10 am , and will again be held at the United Way , 3250 SW 3 rd Ave , Miami , FL.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, stated their contracting division is reviewing the dredging contractor's request for a 120 day extension (expires November 20, 2007) to recommence dredging. Mr. Perez added he anticipated the ACOE contracting division will have a formal answer to the request before the next monthly MRC Dredging Subcommittee meeting. Mr. Perez reminded the Dredging Subcommittee that the contractor's request for a 120 day extension to recommence is partially based on the timeline for the Boskalis sediment processing plant to return from Belgium and repairing the seawall at the AME Shipping property the contractors lease as an additional sediment processing area. Mr. Perez stated the Florida Department of Environmental Protection (FDEP) has issued a permit for the seawall repair, yet the County is awaiting revised drawings from the property owner's contracted engineer. Mr. Jeffrey Hooper , owner of the AME Shipping site, stated he received the ACOE permit for his seawall last week, but is still working on obtaining the last permit from the Miami-Dade County Building Department. Mr. Hooper stated he hoped to receive the building department permit by next week. Chair Buermann asked Mr. Hooper when he expected his seawall repair to be completed, and Mr. Hooper anticipated the actual seawall repair work to be completed within 60 days of commencement.

Mr. Perez stated Congress is in conference regarding their Fiscal Year (FY) 2008 budget. Brett Bibeau, MRC Managing Director, reported he is joining the Greater Miami Chamber of Commerce (GMCC) advocacy group in Washington DC on September 25-27 in support of obtaining the $21 million federal cost share balance due to complete the Miami River maintenance dredging project. Mr. Bibeau noted the potential range of federal funding the project could receive in FY '08, which is the last fiscal year under the current 5-year contract and price, is $3.5 - $7.5 million. Mr. Bibeau added that the President's FY '08 (starts October 1, 2007) recommended budget submitted to Congress includes a $4.5 million line item for the project, which the House Energy and Water Bill deferred to, while the Senate's Energy and Water Bill contains a record high $7.5 million line item. Therefore, if Congress passes an Energy and Water Bill it would include between $4.5 -$7.5 million for the project. If Congress doesn't adopt an Energy and Water Bill, rather a year long continued funding resolution (CR) as they did in FY ‘07, the potential year long FY '08 CR would provide the lesser amount of either the President's recommended budget amount ($4.5 million) or the amount the project was appropriated the previous fiscal year. Since the Miami River maintenance dredging project received a $3.5 million appropriation in FY '07, it would therefore receive a $3.5 million appropriation in the scenario of a FY '08 year long CR. Therefore, Chair Buermann restated the MRC's recommendation for the local cost share partners to secure the remaining $9 - $13 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price.

Mr. Bibeau stated several years ago Congressional appropriations for the Miami River maintenance dredging project were reprogrammed by the ACOE to other projects, and noted since then an equal amount was reprogrammed back to the Miami River . Therefore Mr. Bibeau inquired considering it is the fourth quarter of FY '07, if it's possible for the ACOE to reprogram funds from other projects unable to use their funding before the end of the fiscal to the Miami River 's federal funding shortfall. Mr. Bibeau added perhaps there is general Operations and Maintenance ACOE funding which may be utilized as well. Mr. Perez replied the aforementioned scenarios did not seem likely, noting Congress hasn't allowed the ACOE to reprogram funds since 2006.

Mr. Bibeau asked for the status of the ACOE's review of the potential Department of Commerce's Economic Development Administration (EDA) federal grant, which if awarded may potentially fund up to $4 million for the dredging project. Mr. Perez noted he had forwarded the grant to ACOE Jacksonville District Attorney, John Pax, whom is still researching to definitively conclude if the federal grant is awarded may the funding be used on the Miami River maintenance dredging project. Therefore, Mr. Pax recommended the MRC or Miami-Dade County obtain a letter from the EDA determining if the grant were awarded the funding may be utilized on the desired maintenance dredging project. Mr. Bibeau offered to contact EDA in that regard, and stated the South Florida Regional Planning Council (SFRPC) recently adopted their SEEDS Plan which includes the Miami River, therefore making it more eligible and consistent with the potential EDA federal grant funding to be utilized towards the federal cost share balance due to complete the Miami River maintenance dredging project.

Mr. Bibeau distributed copies of the Dredging Subcommittee's estimated funding summary and project timeline. Mr. Dorian Valdez Miami-Dade Department of Environmental Resources Management (DERM), stated they will have all the necessary remaining documents in place to provide the State, Florida Inland Navigational District (FIND), and City of Miami cost shares towards local advanced and non required contributed funds by October 1, 2007 . Ms. Marina Blanco-Pape, provided the following update of the County's efforts to provide the ACOE with the previously appropriated dredging funding from all cost share partners, consistent with the fully executed amendment to the Project Cooperation Agreement (PCA). Ms. Blanco-Pape stated that the $5.8 million the FL legislature appropriated in FY '07 towards the federal cost-share balance due had originally required a match, yet the Florida Department of Environmental Protection (FDEP) had recently agreed to recognize the appropriated and available federal cost share to serve as that match. Ms. Blanco-Pape explained in order to utilize the previously appropriated State cost share as desired, the County submitted an executed amendment to their agreement to Tommy Williams, FDEP, for final signatures, which are estimated to be received in less than 30 days. Ms. Blanco-Pape noted the County had recently submitted two separate dredging fund advancement requests to FDEP, consisting of $2.7 million the County expects to receive by October and transfer to the ACOE by November, and a $5.8 million advancement the County expects to receive by early December 2007 and transfer to the ACOE by January 2008. Ms. Blanco-Pape noted that as soon as the amendment is executed, FDEP may begin processing the submitted funds advancement requests. Mr. Bibeau noted after the requested $2.7 million and $5.8 million payments are made from FDEP to the County and then ACOE to conduct dredging in additional acceptance sections no later than January 2008, their would remain an estimated $4 million balance of the previously appropriated State funding for the project. Therefore Mr. Bibeau asked when the County is currently planning to request the final estimated $4 million of previously appropriated funding for the project. Ms. Blanco-Pape replied that the State funding was broken into separate line items for dredging costs incurred both inside and outside of the Federal Navigable Channel. Therefore the County is working with the ACOE to perform an informal survey in October 2007, of all remaining river acceptance sections, so that they may reaffirm the estimated cubic yards of sediments to be dredged from inside and outside of the federal navigable channel. Ms. Blanco-Pape noted she anticipated to sit down with all funding partners in January 2008, after all of the additional survey information has been collected, to discuss possible readjustments to the remaining funding amounts appropriated inside and outside of the channel. Mr. Perez clarified using appropriated project funding after each acceptance section is awarded (which requires the full potential funding for the acceptance section to be transferred to the ACOE) the ACOE conducts a pre and post dredging survey to determine the actual number of dredged cubic yards, and then pay the contractor based on the flat rate per dredged cubic yards. Mr. Bibeau asked if the County and or ACOE were considering amending the existing dredging template, and their representatives replied no.

Ms. Blanco-Pape stated the County has three funding agreements for all of the previously appropriated State funding, of which there is a remaining $540,000 in the original ST agreement, $6.2 million and $5.8 million in the respective two ST funding agreements. Mr. Bibeau asked the County to provide the MRC with the three ST funding agreements and the recently executed amendment, and Ms. Blanco-Pape agreed to provide the documents for the MRC files. Mr. Bibeau noted the SFWMD, County and City's final Fiscal Year under the project's current 5 year contract and flat rate per cubic yard removed is FY '08, which starts on October 1, 2007 . Ms. Blanco-Pape noted in addition the County will have a FY '08 mid-year budget adjustment.

Ms. Blanco-Pape noted the County had amended its agreement with the South Florida Water Management District (SFWMD) for the funding appropriated by the Florida Inland Navigation District (FIND), which provides the County with additional flexibility to advance the previously appropriated FIND cost share. Mr. Evan Skornick , SFWMD, explained they amended the FIND grant agreement to allow local advanced funding contingent on execution of the PCA Amendment, which occurred in August 2007. Mr. Skornick noted through the project's completed Acceptance Sections 1-6, his process for providing the FIND cost share to the County commenced with the receipt of an ACOE funding “demand letter”. Mr. Perez clarified the ACOE was in a position to issue “demand letters” for the local cost share on the previous acceptance sections, because their was an available federal cost share. Mr. Perez explained under the amended PCA if the local cost share partners decide to provide accelerated or non-required contributed funds, it must be provided to the ACOE on their own accord, because the ACOE will not issue demand letters at this time, since there is no available and uncommitted federal cost share. Therefore Mr. Skornick explained the next steps to collect the previously awarded FIND cost share include:

Ms. Blanco-Pape noted the County had recently met with City of Miami representatives, including Mr. Robert Ruano , MRC designee for Mayor Manny Diaz , to discuss the possibility of advancing funds. Chair Buermann asked if the city seemed amenable to the idea, and Mr. Dorian Valdez, Miami-Dade Department of Environmental Resources Management (DERM), replied yes, and stated they will meet with the City again.

Mr. Bibeau stated if the requested 120 day extension to remobilize for the currently awarded Acceptance Sections 7 & 8, the dredging would recommence in that area on November 20 and take an estimated 3 months to be completed. Mr. Perez explained that once the ACOE receives payments from the locals, it takes an estimated 3-4 weeks for the checks to be deposited and clear in the correct account, followed by an additional 30 days for the contracting officer to issue awards on additional acceptance sections. Therefore, the MRC Dredging subcommittee noted since the current contract requires all acceptance sections to be awarded by the last day of FY '08, September 30, 2008 , the ACOE would actually need to receive the remaining funding to award the final sections by the end of July, 2008. Mr. Bibeau asked if there would be significant money available by the time dredging is completed in the currently awarded acceptance sections 7 & 8 in order to award future acceptance sections before the project incurs a second temporary demobilization. Ms. Blanco-Pape noted that if the requested and previously appropriated advanced cost shares funds are granted, it would be realistic to assume that enough money would be available for the ACOE to award additional Acceptance Sections in February or March 2008, before dredging within the currently awarded acceptance sections 7 & 8 are completed.

Mr. Perez noted the ACOE contracting officer had recently submitted a letter to the dredging contractors essentially denying their request for a change order.

Mr. Bibeau asked for an update regarding the remaining paperwork required by the executed PCA amendment, as outlined in the Dredging subcommittee's August 2007 minutes. Ms. Blanco-Pape and Mr. Perez explained the County letter offering the ACOE the local accelerated and non-required contributed funds would be submitted along with the actual payment, and the ACOE would immediately agree to receive the funding in writing because the concurrences and acceptance was authorized when the ACOE executed the PCA amendment, which allows for the provision and acceptance of the local accelerated and non-required contributed funding.

Mr. Bibeau asked when the Board of County Commissioners would consider formally adopting DERM's recommendation to seek $10 million from the State of Florida during their 2008 legislative session, and Ms. Blanco-Pape replied probably in December 2007.

Mr. Bibeau noted the FDEP and Governor's recommended budget submittal is currently being drafted, therefore Mr. Buermann suggested at least the MRC should advocate now for including DERM's recommended $10 million for the project be included in the Governor's FY '08 recommended budget submittal.

III. & IV. Update River Utility Crossings and Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez noted there were no utility issues to report at this time, according to Ms. Pat Hanson, ACOE Construction Division. Mr. Bibeau noted that FDOT representatives were unable to attend today's meeting to provide the status of the removal of the NW 5 th Street Bridge. Mr. Perez reported that the pilings of the NW 5 th Street Bridge have yet to be removed as discussed in previous MRC Dredging Subcommittee meetings and continue to be an obstruction. Chair Buermann directed Mr. Bibeau to follow-up on this item.

V. New Business – The following update was provided in regards to the status of the historic Miami Circle : Mr. Perez noted Ms. Hanson, ACOE, requested that the concrete slabs that had recently collapsed into the federal navigable channel adjacent to the Miami Circle be removed. Mr. Bibeau stated that the Department of State (DOS) has indicated that their plan is to provide temporary repair measures to stabilize the sites collapsed seawall, while they submit a $2.5 million legislative budget request, which will be considered in May 2008, to potentially fund the final and long planned permanent repair of the Miami Circle seawall. Mr. Bibeau noted State Representative Luis Garcia , whose district includes the Circle, received a letter from FIND stating its willingness to consider a grant application as soon as it is submitted to fund half of the estimated $1.5 million seawall repair, which would therefore require a $750,000 match. Mr. Bibeau added that source of the match had yet to be identified. Mr. Bibeau noted he continues to participate in weekly conference calls with Miami Circle stakeholders and the United States Coast Guard (USCG) is on record and stated in writing that the obstruction located within the federal navigable channel must be removed by the State prior to arrival of the Miami River maintenance dredging project's final acceptance section 15.

Mr. Perez asked the USCG and or local marine patrol to assist in the dredging project's necessary temporary relocation of some boats located along the Miami River . Mr. Perez added that the ACOE field office representative will contact the USCG to make arrangements. Mr. Gwin Tate, USCG, stated standard operating procedure includes measures including but not limited to “Notice to Mariners” regarding the dredging project's need to temporarily relocate vessels. Mr. Tate added that failure to relocate vessels may yield penalties of up to $1,500 per day. Mr. Tate explained the Public Notice would run in the Federal Register and include mass mailings based on zip codes. Mr. Tate stated a floating safety zone may be established around the dredging project as it moves down the river, which would require temporarily moving boats which are to close to the area where the dredge is operating.

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month publicly noticed meeting for October 17, 2007 , 10 am , at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6 th Floor, 2121 SW 3 rd Avenue .

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding –Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, stated he was unsure when conference would be held regarding their Fiscal Year (FY) 2008 budget. Mr. Perez noted the President's FY '08 recommended budget submitted to Congress includes a $4.5 million line item for the project, while the Senate's Energy and Water Bill contains $7.5 million line item. Therefore, if Congress passes an Energy and Water Bill it would include between $4.5 -$7.5 million for the project. Mr. Perez added that since the Miami River maintenance dredging project received a $3.5 million appropriation in FY '07, it would therefore receive a $3.5 - $4.5 million appropriation in the scenario of a FY '08 year long CR.

Mr. Eric Buermann , Chair of the MRC Dredging Subcommittee, noted that after recently meeting with Mr. George Duncan from the Office of Assistant Secretary of the Army (ASA) Woodley, and obtained a better understanding of the current magnitude of the federal funding backlogs due to federal funding shortfalls on a National basis. Therefore Chairman Buermann restated the MRC's recommendation for the local cost share partners to secure the remaining $6 - $10 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price. Mr. Buermann thanked the South Florida Water Management District (SFWMD) and Miami-Dade County for their ongoing efforts. Mr. Buermann stated the SFWMD recently appropriated $3 million towards the federal funding shortfall (non-required contributed funds), and a $3 million bridge loan is the Florida Inland Navigational District (FIND) awards a $3 million grant application, in FY '08. Chairman Buermann reminded the DSC that since the current contract requires all acceptance sections to be awarded by the last day of FY '08, September 30, 2008, the ACOE would actually need to receive the remaining funding to award the final sections by the end of July, 2008 to provide the 60 days Mr. Perez indicated the ACOE needs from receipt of the funding to award additional acceptance sections.

Chair Buermann stated he had been provided a copy of a letter from Ms. Betty Burton, ACOE Contracting Officer, denying the Weston/Bean Joint Venture request for a 120 day extension to remobilize. In the October 15, 2007 letter, Ms. Burton writes, “the Government may elect to pursue adverse contractual action against Weston-Bean, including but not limited to our terminating for default your right to proceed with the work for AS 7 & 8. Before a final decision is made, however, I have arranged to meet with you on October 18, 2007 to discuss the matter. At this meeting you will be provided an opportunity orally and in writing to provide any additional information you may wish to present on the subject. To ensure there is no misunderstanding, the Government expects that Weston-Bean will provide a schedule at the meeting which will outline how Bean intends to prosecute the work ordered at no additional cost to the government, if your right to proceed is not terminated.”

Chair Buermann reasoned that considering the history of this long-awaited project, not completing the project under the current contract may leave the 40% project incomplete, or the least create significant additional delays, therefore the MRC prefers that the project is completed before the current contract's April 2009 deadline. Mr. Perez noted he could not comment on the situation, as he had not been informed of the ACOE's recent decision. Mr. Buermann provided Mr. Perez a copy of the letter.

Mr. Dorian Valdes, Miami-Dade Department of Environmental Resources Management (DERM), noted the county is collecting $11.4 million of the previous appropriations from the different local cost share partners, which will be provided to the ACOE by January, 2008. Mr. Valdes explained before the County requests the remaining previously appropriated balance from the locals cost share partners, they intend to conduct a survey In October of the “bank to bank” portion only with the ACOE and contractors to determine any areas in the current contract which for various reasons may not be dredged, therefore that saved funding would be transferred for use towards the federal funding shortfall. Mr. Valdes added that DERM is seeking $10 million from the State of Florida during their 2008 legislative session. Mr. Evan Skornick , South Florida Water Management District, noted an amendment to the agreement with Miami-Dade County will be considered by the SFWMD Governing Board in December 2007, in order to provide the additional SFWMD recently appropriated $3 million for the federal funding shortfall of the Miami River maintenance dredging project.

Mr. Bibeau distributed copies of the revised “Miami River Maintenance Dredging Project's Funding as of October 15, 2007 (w/ USACE 15% Overhead),” and reviewed the following items:

Mr. Bibeau distributed and reviewed a document entitled, “Dredging Funds Spent and Appropriated (based on DERM Matrix Quantities) - 10/17/07,” as well as copies of the DERM Matrix of “Miami River Dredging Project-Cost Sharing Projections 2006.” Mr. Bibeau noted the first distributed document indicates an estimated previously appropriated and unexpended $35 million for the Miami River maintenance dredging project. Mr. Perez stated he would provide the additional amounts the ACOE used for savings and slippage and the economic analysis.

Mr. Bibeau distributed copies of a letter from MRC Chair Eric Buermann to the Honorable Governor Charles Crist, supporting Miami-Dade County 's request for $10 million in the State FY '08 budget submittal to complete the Miami River Maintenance Dredging project. Mr. Buermann suggested the County take appropriate actions towards securing their requested funding in The Governor's recommended FY '08 budget submittal, which if included would be helpful when the Legislature commences its deliberations during the 2008 legislative session.

Mr. Bibeau distributed copies of the “Miami River Maintenance Dredging completion estimated timeline as of October 17, 2007 , subject to change, based on an estimate of 1,900 cubic yards per day, prepared by the Miami River Commission's Dredging Subcommittee” and cited the following items:

Mr. Bibeau distributed copies of the “Miami River Maintenance Dredging estimated timeline (subject to available funding) as of October 17, 2007, subject to change, based on the Dredging Contractor's estimate of 1,900 cubic yards per day” and copies of the “Miami River Maintenance Dredging estimated timeline (subject to available funding) as of October 17, 2007, subject to change, based on 1,234 cubic yards per day” (average production while dredging AS 4-6).

Mr. Bibeau asked what would happen if the dredging contractors are still dredging acceptance sections awarded before the contract's required September 30, 2008 deadline, when the contract expires in April 2009. Mr. Perez replied dredging must be concluded before the end of the contract, yet the current April 2009 contract termination will be reviewed to determine if additional extended time is justified.

III. Update River Utility Crossings - Mr. Perez noted the ACOE had scheduled a meeting with FDOT today to discuss timelines, in relation to the removal of the remaining portion of the NW 5 ST Bridge, which is located within acceptance section 11.

IV. Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Ms. Tish Burgher, the Florida Department of Transportation/QCA, reported that the 6 pilings of the NW 5 th Street Bridge are 6 inches too high, and will be removed prior to the dredgers' arrival in the area. Ms. Burgher noted FDOT had selected a contractor, Kewitt, to remove the remaining pilings before constructing the new 5 th Street bridge. Ms. Burgher noted the contractor has been given a one-year procurement timeframe to obtain all necessary materials for the project, and noted the contractor can commence the construction of the new bridge as early as December 2008. Chair Buermann suggested with the contractor remove the 6 pilings before the dredging arrives, and Ms. Burgher noted FDOT remains in discussions with the ACOE and the Coast Guard to review different cost-effective methods. Ms. Burgher distributed an update regarding the progress on the FDOT's NW 12 Ave Bridge replacement project.

V. New Business – The following items were addressed/discussed:

The Dredging subcommittee noted their regularly scheduled third Monday of the month meeting would land the day before Thanksgiving in November, therefore scheduled the next meeting for Monday, November 19, 2007 , 10 am , at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6 th Floor, 2121 SW 3 rd Avenue .

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Bibeau stated Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, was unable to participate in today’s meeting due to a previously scheduled meeting with Congressman Mika. Mr. Larry Bove, Weston Solutions, stated the ACOE formally accepted the contractor’s timeline to remobilize and recommence the Miami River Maintenance Dredging project:

Mr. Bibeau noted he had attended the recent South Florida Water Management District Governing Board meeting in which a resolution authorizing an amendment to the contract with Miami-Dade County for the Miami River Dredging project in the amount of $3 million, towards the federal funding or “local non-required contributed funds” was approved. On behalf of the MRC, Mr. Bibeau thanked the SFWMD. Mr. Bibeau noted this funding will only be made available after dredging recommences on February 15, 2008. Mr. Bibeau asked Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), if the amendment to the contract would need to go before the Board of County Commissioners for approval, and Ms. Blanco-Pape replied no. Mr. Bibeau noted that, while attending the SFWMD governing board meeting, he briefly updated Miami-Dade County Mayor Carlos Alvarez and Miami-Dade County Manager George Burgess on the Miami River Maintenance Dredging project.

Mr. Bibeau distributed an October 15, 2007 letter signed by U.S. Congress members Ileana Ros-Lehtinen, Lincoln Diaz-Balart, Mario Diaz-Balart, Debbie Wasserman-Schultz and Kendrick Meek to the Honorable David Obey, Chairman of the House of Appropriations Committee, requesting the Congress appropriate the Senate’s $7.5 mark up for the Miami River maintenance dredging project in the FY ’08 Energy and Water Bill. Mr. Bibeau thanked the Dade Congressional delegation for their continued support for the project. Mr. McGraw stated if the Energy and Water Bill is adopted, it may occur at the end of December, yet may not be adopted leaving us in a year long CR similar to last year, which may provide the project $3.5 million.

Chair Buermann asked for the status of completing a survey of the bank - to - bank area located outside of the Federal navigable channel, as previously suggested by DERM in the September & October 2007 DSC meeting minutes. Mr. Taylor reported the JV had recently completed the survey for awarded Acceptance Sections 7 & 8. Mr. Taylor stated understanding DERM would like to survey the remaining AS 9-15 before funding is requested and transferred to the ACOE to award additional acceptance sections, they are taking the initiative as a contribution for moving the project forward to survey AS 9-15. Mr. Taylor noted the main purpose of the survey is to derive a logical design for the project, detailing how the area should be dredged. Mr. Taylor noted he expects to have the entire survey completed by December 10, 2007, yet he will be in Miami and is available for an informal boat tour of the Miami River in order to survey structures and document locations solely either on the 27th or 28th of November. Mr. Taylor noted the JV would be happy to provide the vessel. Chair Buermann noted the tour should not be delayed any longer because it is delaying the transfer of available and previously appropriated local funding from DERM to the ACOE. Mr. Bibeau stated the owner of Merrill-Stevens offered their yacht and captain for DERM, ACOE and their contractor’s time sensitive informal boat tour anytime on November 20 or 21. Ms. Blanco stated it was Saxby Anderson’s, ACOE, responsibility to schedule the boat ride / survey with the three parties, DERM, ACOE and contractors. Mr. Bibeau discussed the possibility of having the County begin invoicing/requesting money from local cost-share partners before the boat ride / survey, which was originally scheduled to take place in September.

Mr. Bibeau distributed and reviewed the following documents:

Mr. Bibeau reminded that a critical juncture in the estimated timeline is for the previously mentioned “bank-to-bank” survey / boat ride to take place ASAP, because the County will only be able to issue accurate invoices for the final remaining portions of the unexpended and previously appropriated local cost shares after the survey is completed (September 2007 DSC meeting minutes

Mr. Taylor recognized that AS 7 & 8 have been awarded, and therefore believed the ACOE only wants to take the boat tour to visually inspect seawall conditions within the awarded AS 7 & 8. Ms. Blanco stated DERM only wanted to look at and informally survey the seawall conditions adjacent to bank to bank dredging for AS 9 – 15 with the ACOE and contractors, therefore although it is appreciated that the contractors are currently surveying AS 9 -15, an independent survey will not help. Ms. Blanco reiterated although DERM has available boats, Saxby Anderson, ACOE, is getting the three parties together for the informal Miami River boat tour, which is expected to take place during the week of December 10, 2007.

Mr. Bibeau distributed and reviewed the Dredging Subcommittee’s:

Chair Buermann directed the DSC to follow-up with the ACOE, which includes project manager Rene Perez, to discuss scheduling DERM’s suggested informal Miami River boat tour ASAP.

III. Update River Utility Crossings – No updates were reported.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section

Mr. Bibeau stated he spoke with Tish Burgher, FDOT, who stated they had met with the ACOE in October regarding the removal of the pilings which are an obstacle to dredging in AS 11. Ms. Burgher indicated the next contractors will commence December 2008, after AS 11 maybe completed as early as June 2008

V. New Business

Mr. Bibeau distributed a letter from U.S. Coast Guard Captain Karl Schultz to Mr. Jere Lahey, State of Florida Department of Management Services, stating that:

“During recovery operations, the Coast Guard deemed that the seawall was not a navigational hazard and may be left in place until the seawall is rebuilt, or until the Army Corps requires its removal in preparation for dredging”…and, “The Coast Guard has received notice from the Army Corps of Engineers that they will be dredging in the vicinity of the collapsed seawall as early as August 2008. The dredging project calls for a controlling depth of approximately 21 feet, including the area of the collapse. The inability of the Army Corps to dredge would cause a growing hazard to marine traffic…It is strongly recommended that the collapsed section of the seawall be removed prior to the Army Corps dredging in the area.” Mr. Bibeau stated the Department of State (DOS) had submitted their grant application to the Florida Inland Navigation District (FIND) to fund half of the estimated $1.5 million Miami Circle seawall repair. Mr. Bibeau added the grant requires a $750,000 match, which has yet to be secured. Mr. Bibeau noted the contractors’ arrival time within the Miami Circle vicinity is September 22, 2008, based on the “Miami River Maintenance Dredging completion estimated timeline as of November 16, 2007, subject to available funding, based on the Dredging Contractor’s estimate of 1,900 cubic yards per day, prepared by the Miami River Commission’s Dredging Subcommittee.”

Mr. Bibeau noted he had recently spoken to Mr. Ernie Barnett, SFWMD, whom had advised him to speak to the county about the Miami River Maintenance Dredging project’s incorporation into the Governor’s Fiscal Year 2008 budget. Mr. Bibeau asked DERM if the Community Budget Issue Request (CBIR) for the Miami River Maintenance Dredging project has been filed, and Ms. Blanco-Pape replied she has not received confirmation that the County’s ST Legislative package has been adopted by the Board of County Commissioners. Mr. Valdes stated DERM submitted their recommendation to request $10 million from the Legislature to the County’s Intergovernmental Department, and he expects the entire Legislative Package will be considered by the Board of County Commissioners in December 2007. Mr. Buermann recommended the County commence efforts to secure the final $10 million ST appropriation to finish the project ASAP.

Mr. Skornick, SFWMD, noted he is currently working on a $3 million FIND grant application. Mr. Skornick added the deadline to submit the FIND grant is April 2008.

Mr. Bibeau asked for the status of DERM’s application to a potential Department of Commerce’s Economic Development Administration (EDA) federal grant opportunity, which if awarded may potentially fund up to $4 million for the dredging project. Mr. Bibeau noted the EDA grant opportunity had been presented to Mr. Ray Baker, formerly of DERM, during the December 20, 2006 and February 21, 2007 DSC meetings. Mr. Bibeau added that Mr. Baker later reported that the County had agreed to apply for a “EDA grant to obtain a federal cost share for the “bank-to-bank” dredging component located outside of the federal navigable channel, which doesn’t currently have a federal cost share, and if awarded would free up local project sponsor funding appropriated for that purpose” (2/21/07 DSC minutes). Ms. Blanco-Pape noted DERM was still looking into applying to the potential federal grant opportunity. Ms. Blanco-Pape noted she had recently and personally made inquiries and requested opinions from the EDA regarding the county’s eligibility to apply to the EDA grant, but had yet to receive a response. Ms. Blanco-Pape expressed uncertainty towards DERM applying to the EDA grant since she has not confirmed if the federal funds could be used for federal projects. Mr. Bibeau stated Ms. Sarah Gamino, Offices of the Honorable Congresswoman Ileana Ros-Lehtinen, had recently offered to contact the EDA in an effort to determine if the county is eligible to utilize EDA grant funds towards the "non-required contributed local cost share" for the current Miami River maintenance dredging contract. However, added Mr. Bibeau, Ms. Gamino had noted she was waiting to hear if this was something the County wanted her to assist with.

The Dredging subcommittee scheduled the next meeting Wednesday, December 19, 2007, 10 am, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue. Mr. Bibeau thanked the SFWMD for hosting the meetings.

The meeting adjourned.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, stated the dredging contractors are remobilizing and dredging is scheduled to recommence in the Miami River’s currently awarded acceptance sections 7 & 8 of 15 by February 15, 2008.

Mr. Bibeau distributed copies of a forwarded email he had received from Mr. Sean McGraw, Weston Solutions, on December 17, 2007 which states, “It appears that the Miami River project got $5,609,000.  Here's the link to the Energy & Water portion of the Omnibus:  http://www.rules.house.gov/110/text/omni/jes/jesdivc.pdf

It appears that all operating programs may be reduced by an additional .91% (and earmarks are reduced by 1.6%).” Mr. Bibeau noted that the last Federal FY 2008 appropriation for the Miami River Maintenance Dredging project will become $5,519,256 after the 1.6% deduction. Mr. Bibeau added that a veto is not expected, and Congress is attempting to get this approved prior to the Holiday recess. 

Mr. Bibeau noted DERM, the Army Corps and their contractors took the survey boat tour of the Miami River dredging project last week.  Mr. Perez thanked Mr. Ancil Taylor, Bean Environmental, for offering the survey data and Miami River survey boat tour beyond the currently awarded Acceptance Sections (AS) 7 & 8, aboard the contractor’s survey boat.  Mr. Bibeau stated it was his understanding that the intent of the survey boat tour was to identify seawalls in disrepair and potentially decide to dredge further away than the currently required minimum 10 feet, therefore potentially slightly reducing the quantity of bank-to-bank dredging in those particular areas, then essentially taking those cost savings and transferring them into the federal funding shortfall.  Chairman Buermann asked for the status of making the aforementioned calculations. Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), stated DERM and the ACOE had identified a few areas within AS 7 & 8 with poor seawall conditions. Ms. Blanco-Pape noted since AS 7 & 8 have already been awarded, those savings can not be applied until those particular areas have been accepted by the ACOE.  Ms. Blanco-Pape noted DERM was analyzing the survey data.

Chair Buermann asked if DERM and the MRC Dredging subcommittee’s estimated project funding calculations are consistent with one another, and Ms. Blanco-Pape replied that DERM had recently met with Mr. Bibeau to review the funding estimates.  Mr. Bibeau distributed an updated Dredging Subcommittee funding summary incorporating the additional information Mr. Valdes and Ms. Blanco-Pape told him during their recent meeting.  Ms. Blanco-Pape stated DERM was currently reconciling project-related costs after re-examining all the separate dredging funding agreements, soft and hard costs, noting DERM estimates an additional $1 million has been spent to date, therefore they estimate $1 million less is available than depicted on the Dredging subcommittee’s updated funding summary.  

Mr. Bibeau distributed and reviewed the “Miami River Dredging Project-Costsharing Projections 2006,” a funding matrix created by DERM.  Mr. Bibeau noted the left-hand side of the matrix page represents the project costs + 15% USACE project overhead. Meanwhile, the costs included on the right-hand side of the matrix represent the County’s “soft costs”.  Mr. Bibeau noted he was recently informed that some of the “soft costs” are coming out of the project’s appropriations.  Mr. Bibeau stated that during the aforementioned meeting over a week ago, Mr. Dorian Valdes, DERM, kindly offered to obtain from the DERM accountant a breakdown of the dollars the county has spent thus far on the project, “hard” and “soft” costs.  Mr. Bibeau noted that as soon as he receives the aforementioned information, he will be able to update the DCS’s estimated funding summary.  Chairman Buermann and Mr. Bibeau noted this is the first time DERM has indicated a portion of the project’s previous appropriations are being spent to cover the County’s soft costs, and previous monthly dredging subcommittee estimated funding summaries have always indicated only the project’s hard cost expenses.  Ms. Blanco-Pape stated after the last potential Federal FY ’08 appropriation, the project will still have a $7-$10 million federal funding shortfall to complete the project.

Mr. Bibeau distributed the draft “2008 Community Budget Issue Request (CBIR),” provided by Mr. Doug Pile, Miami-Dade County Intergovernmental Affairs, in which the county is requesting $10 million to complete the project.  Mr. Bibeau added $10 million is also included in the draft Legislative package that is being considered today by the Board of County Commissioners.  Chairman Buermann asked the Dredging Subcommittee to provide him with a call list to support the County’s ST $10 million appropriation request to finish the project.   

Chair Buermann noted he and Mr. Bibeau had met with Mayor Carlos Alvarez, County Manager George Burgess, and Mr. Carlos Espinosa, DERM, to express that the completion of the Miami River Maintenance Dredging project is a high priority for the South Florida Water Management District (SFWMD).  Chair Buermann noted the SFWMD Governing Board had unanimously adopted a resolution authorizing an amendment to the contract with Miami-Dade County for the Miami River Dredging project in the amount of $3 million, towards the federal funding or “local non-required contributed funds.” Also, added Chair Buermann, the SFWMD has provided an additional $3 million bridge loan if in June 2008 FIND notifies the SFWMD that they are awarded a $3 million grant, which would become available in October 2008, after the ACOE’s July 30, 2008 deadline to receive all final funding in order to award all final acceptance sections before the contract’s September 30, 2008 deadline.

Chair Buermann directed Mr. Bibeau to meet with Mr. Valdes and Ms. Blanco-Pape before the Dredging subcommittee’s January 2008 meeting in order to continue updating the subcommittee’s estimated project funding summary.
 
Mr. Bibeau distributed and reviewed the “Miami River Commission Dredging Subcommittee’s Estimated Funding as of December 17, 2007 (w/ USACE 15% overhead) based on DERM’s estimated matrix.” Mr. Bibeau noted the updated summary incorporates most of the information provided by Ms. Blanco-Pape and Mr. Valdes, with the exception of including the yet to be provided County’s soft costs:

• Federal: USACE has balance of $55,900 + $2.7 million supplemental (to date has received additional local advanced and local non-required contributed funds for future awards-two payments of ST funds, $2.7 million and $5 million, $535,000 of County funds, and $1.5 million local leftover funds from AS 1-6 totaling $12,490,900). Mr. Bibeau noted the $12,490,900 has been received by the ACOE, and is available to award additional acceptance sections;  Mr. Bibeau asked if the leftover $1.5 million would be used for non required contributed funds and Mr. Perez replied he would check with DERM.
• State: FDEP payments of $2.7 & $5.4 million received by County-transferred the $2.7 million followed by $5 million to ACOE in 12/07, and the remaining received $400,000 will be transferred to ACOE by 12/20/07, DERM submitted $558,629 request week of 12/3/07.

Ms. Blanco-Pape noted she had a revision to these estimates, and summarized the status of accelerated and contributed funding requests to-date:

• $2.7 from FDEP (advanced funds) already sent to the ACOE
• $535,000 from the County (advanced funds) already sent to the ACOE
• $5 million from FDEP (contributed funds) already sent to the ACOE
• $449,352 from FDEP (advanced funds) received by County, and check has been provided this morning to Mr. Perez, ACOE
• Ms. Blanco-Pape stated her records indicate the remaining balance of the ST contracts is $$1.5 million which DERM will request by 12/20/07
• Current FDEP differential is $600,000, and the Dredging Subcommittee noted their estimated funding summary notes the ST’s FY 2004 – 2005 $600,000 appropriation was contracted with SFWMD rather than the County.  Therefore on behalf of the SFWMD, Ms. Lucy Perez agreed to follow-up on the FY 2004 – 2005’s $600,000 SFWMD / ST contract, with DERM’s assistance.

• Florida Inland Navigation District:
• Dredgng subcommittee estimated funding summary states Available FIND Cost Share=$4,444,790 (of which County received $2.1 million on 12/11/07 which they will transfer to the ACOE by 12/31/07 and submitted $434,000 request during week of 12/3/07, leaving an available balance of $1,9,10,790)
• Ms. Blanco-Pape stated she her records indicate that the remaining FIND funding is $900,080 minus the previously requested $434,000 leaving a remaining $546,000 which will be requested by DERM before 12/20/07.  Mr. Bibeau noted that during his last meeting with DERM, a $300,000 differential had been discovered, yet now the dredging subcommittee’s funding summary indicates $1.5 million more available funding from FIND than DERM’s estimates indicate.  The Dredging subcommittee noted similar to the various ST appropriation contracts, several of the FIND contracts are between FIND and the SFWMD rather than DERM, therefore Ms. Lucy Perez again offered to work with DERM to review the SFWMD’s separate FIND appropriation contracts for the project.

• Miami-Dade County: The distributed Dredging Subcommittee’s funding summary stated Miami-Dade County had appropriated $4,267,000 for the project thus far, and Ms. Blanco-Pape noted the total estimated County cost share for the dredging contract (hard costs) is $3.7 million, and the additional amount is being utilized to cover the County’s soft costs.  Ms. Blanco-Pape noted she is currently working with the County’s budget office to submit $124,000 of the total $422,000 remaining County funding towards bank-to-bank dredging to the ACOE.  Mr. Bibeau asked when this money would be submitted to the ACOE, and Mr. Valdes explained the aforementioned funding is estimated to be forwarded to the ACOE by the end of January 2008.

• City of Miami: Ms. Blanco-Pape stated she would like to increase the Dredging subcommittee’s estimated funding summary’s total appropriated amount from $2.9 to $3.3 million for soft and hard costs combined, of which $3,099,000 has been expended / obligated to date.  County submitted a $532,000 request in October, which they received and will transfer to ACOE by 12/31/07, and County will submit $201,000 request for hard costs by 12/20/07, and will request the final $112,000 which will be used towards the County’s soft costs, after 12/20/07.  The Dredging subcommittee therefore noted their estimated funding summary indicates an additional roughly $200,000 available in previously appropriated funding from the City than DERM indicates.

• South Florida Water Management District: Mr. Valdes noted the County will Request the SFWMD’s $3 million towards local non required contributed funds by 12/20/07, since the project contractor has begun remobilization and the dredge arrived on the Miami River.  Mr. Buermann stated he was glad the SFWMD appropriation would be transferred to the ACOE for use towards the funding shortfall.

Mr. Bibeau distributed and reviewed the following documents:

• “Miami River Commission Dredging Subcommittee’s Estimated Available Local Funding as of December 15, 2007”
• December 10, 2007 letter from Bruno Barreiro, Chairman of the Board of County Commissioners to the Honorable Governor Charlie regarding “Support for $10 million in Your FY ’08 ST budget submittal to complete the Miami River Maintenance Dredging Project.”
• November 27, 2007 letter from Chair Eric Buermann to the Honorable Governor Charlie regarding “Support for the Miami River Maintenance Dredging Project.”
• December 13, 2007 letter from Chair Eric Buermann to City of Miami Chairman Angel Gonzalez regarding “Recommendation to Insert Miami River Maintenance Dredging Project in the State Legislative Package (Agenda Item DI.1).” Mr. Bibeau noted this item was deferred.
• Contractor’s funding summary/breakdown
• “Miami River Maintenance Dredging completion estimated timeline as of December 13, 2007, subject to change, based on an estimate of 1,900 cubic yards per day, prepared by the Miami River Commission’s Dredging Subcommittee”

Mr. Bibeau noted the FL Department of Environmental Protection has a $30 million place holder each year for water resource projects in their FY ’08 budget recommendation submitted to Governor Crist.

III. Update River Utility Crossings – No updates were reported.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Hector Rodriguez, Florida Department of Transportation, asked to revise the November 19, 2007 DSC meeting minutes as followed, “Ms. Burgher indicated the contractors will commence December 2008, after AS 11 which possibly maybe completed, subject to award of that area-which has not happened yet.” The MRC Dredging subcommittee unanimously adopted their revised November 19, 2007 minutes.  Mr. Rodriguez stated the 6 pilings which are at 16.5 mean low water will be removed per the ACOE required 21 feet mean low water starting in December 2008.  Mr. Rodriguez stated if the remaining 5 ST bridge pilings are removed from the area before the dredging project arrives at the NW 5 ST bridge, the ACOE dredgers will include the area, and if the dredgers arrive before the pilings are removed and therefore have to skip over the area, FDOT will dredge the area after removing the pilings in December 2008.

V. New Business – Mr. Bibeau noted ACOE Colonel/United States Army District Commander Paul L. Grosskruger had sent a letter to Mr. Ryan Wheeler, DOS, stating that the U.S. Army Corps of Engineers (Corps) and the U.S. Coast Guard have jointly determined that the Miami Circle seawall concrete slabs are a hazard to navigation, requiring removal, and failure to commence immediate removal of the obstructions may result in a court judgment against the Department of State.

The Dredging subcommittee scheduled the next meeting Wednesday, January 16, 2008, 10 am, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue.  Mr. Bibeau thanked the Dredging subcommittee members and the SFWMD for hosting the meetings.

The meeting adjourned.