Dredging Minutes 2009

I. Status of Seeking Non-guaranteed $21 million Federal Refund - Chairman Buermann stated the State, SFWMD and FIND, had provided an extra $21 million over their originally pledged cost share amounts, to cover the federal cost share shortfall in order to finish the grand total estimated $89 million Miami River Maintenance Dredging project. Mr. Brett Bibeau, MRC Managing Director, distributed and reviewed a pie graph, “Dredging Budget Appropriated Funds,” which details a breakdown of the total $89 million project budget. Chair Buermann stated the original $89 million dredging project contract was based on an estimated removal of 720,000 cubic yards including the required minimum 15 foot depth to allow the potential overdepth of 17-foot-deep, yet he believed the actual amount of cubic yards removed was less than originally anticipated. Mr. Bibeau reported at the November 19, 2008 DSC meeting that, based on the estimated calculation of $100 per cubic yard times 120,000 cubic yards (provided funding based on potential maximum quantity of 720,000 cy – actual estimated 600,000 cy), there is an estimated $12 million in leftover funding. Chair Buermann noted this leftover funding could potentially be applied towards reimbursement of the aforementioned local project sponsors’ extra contributed funding, after all remaining claims are settled.

Chair Buermann reviewed the distributed graph, “Miami River Maintenance Dredging & Environmental Clean-Up Project’s Additional Appropriated Local Contributed Funding,” which details the $21 million total appropriated local contributed funding: $15 million (71.4%) from the State, $3 million (14.3%) from the SFWMD and $3 million (14.3%) from the Florida Inland Navigation District. Chair Buermann proposed that the potential incoming refunds (up to $21 million) be split and pro-rated between the three agencies based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3 %. Mr. Roach expressed his support-on behalf of FIND-of Chair Buermann’s proposed reimbursement plan, and noted he appreciated all the partners’ support in trying to recapture the additional contributed funds.

Chair Buermann noted the President’s FY ’09 budget request, and the marked up Senate and House Energy and Water Bills, include $10.278 million for the project. Chair Buermann stated Miami-Dade County’s adopted Federal Fiscal Year 2010 Legislative Package includes an $11 million request for the Miami River. Mr. Roach suggested that the County include the word “reimbursement” in its FY 2010 $11 million request. Mr. Roach explained that, based on his experiences with past projects, the ACOE will not release funds on a completed project if “reimbursement” is not written into the Congressional authorization. Mr. Bibeau thanked Mr. Roach for this information.

Mr. Bibeau stated he sent a few emails to Miami-Dade County’s Department of Intergovernmental Affairs inviting them to participate in DSC meetings in order to coordinate & strategize mutual efforts to obtain potential yet non-guaranteed federal cost share reimbursements, yet they regrettably did not participate in today’s meeting. Mr. Bibeau stated he had forwarded DERM Director Carlos Espinosa and Intergovernmental Affairs Director Jose Rasco an email from Senator Martinez’s office with the required forms for the County’s Fiscal Year 2010 $11 million funding request, which he noted in some previous appropriations for the project the MRC had completed the forms but has yet to receive a response regarding his offer to again assist with this process. Chair Buermann directed Mr. Bibeau to continue his efforts to reach out to the County and ensure that the word “reimbursement” is included in the FY 2010 funding request forms.

Ms. Blanco-Pape stated the county has yet to receive the final reconciled numbers from the ACOE regarding project-related claims, as negotiations are ongoing. Ms. Blanco-Pape added that once negotiations have been finalized (i.e. the ACOE has provided the actual number of sediments removed, funding spent, etc.), the county will be able to distinguish which funds were contributed vs. originally committed and then determine the amount of leftover funding. Ms. Blanco-Pape noted that funds from the original project commitment would be provided in accordance with the pro-rated contributions of all the different agencies. In reference to the extra $21 million provided to the ACOE for appropriations that had yet to occur, Ms. Blanco-Pape reiterated that the only portion of the $21 million that could potentially be reimbursed-subject to the ACOE receiving future appropriations-is $10 million (extra local funds provided after July 2008). Ms. Blanco-Pape stated the initial $11 million that was provided to the ACOE under the amended Project Cooperation Agreement (PCA) was not available for reimbursement. Mr. Bibeau noted that though this information is correct, it is possible to be reimbursed the additional quantity outside of the PCA-per Mr. Roach’s positive input-if there exists language directing reimbursement. Mr. Bibeau cited page 2 of the DSC November 19, 2008 meeting minutes which state, “Mr. Bibeau asked if the local project sponsors could obtain the remaining money (of the $21 million) via a Congressional ad if language is provided directing reimbursement, and Director Espinosa replied yes.” Mr. Bibeau further clarified that potentially obtaining the entire $21 million reimbursement is also subject to future federal appropriations. Mr. Evan Skornick, SFWMD, suggested engaging local legislators to assist in the effort of obtaining the $21 million reimbursement, while alerting the ACOE of this intention, and Chair Buermann concurred.

Ms. Blanco-Pape stated she wished to clarify that if any monies are left unused or available for any kind of refund, the county must abide by the contractual obligations outlined in the funding agreements made with various entities. Chair Buermann noted he had approached the State, the SFWMD and FIND to request the extra $21 million with the understanding that this funding may not be reimbursed, but reasoned that the equitable “way to go” would be to reimburse them on a pro rata basis first for the extra funding they provided above their original cost shares to cover the federal funding shortfall.

Chair Buermann requested that Ms. Blanco-Pape and Mr. Bibeau work together to review the contractual obligations/protocol and determine an equitable solution for the potential yet non-guaranteed reimbursement. Ms. Blanco-Pape noted she believed progress for this effort can not be made until it is determined how much money-if any-is leftover. Ms. Blanco-Pape noted the ACOE had indicated they would have more information regarding potential leftover funding in April or May, and explained the only matter she can comment on currently are the county’s contractual obligations. Chair Buermann urged Ms. Blanco-Pape to continue this conversation and meet with Mr. Bibeau and report back to the DSC, and Mr. Bibeau replied he would be happy to honor that recommendation. Ms. Blanco-Pape noted she would meet and review this information with Mr. Bibeau. Chair Buermann noted a report following this meeting will help him achieve a better understanding of the county’s protocol/contractual obligations, so that he may accurately enunciate it to the State, SFWMD and FIND. Mr. Roach stated FIND will be in Washington, DC in early March and would be glad to bring up the retroactive reimbursement issue to the Miami-Dade Delegation and lobby for it. Mr. Roach requested a copy of the county’s submitted FY 2010 Legislative funding request, and Ms. Blanco-Pape noted she would forward that information. Mr. Roach also asked Ms. Blanco-Pape if she could summarize-in bullet form-the different contractual agreements (specifically the pertinent sections regarding funding) in order for him to have a better understanding of the process, and Ms. Blanco-Pape agreed to provide that information. Chair Buermann asked Ms. Blanco-Pape to share that information with him and Mr. Bibeau, and Ms. Blanco-Pape agreed.

Mr. Bibeau stated the November 19, 2008 DSC meeting minutes indicate he had requested a copy of the three executed agreements regarding the locals covering the federal cost share’s shortfall, the first of which was before any of the $21 million extra was provided by the locals as was eventually needed to finish the project under the original contract, and Ms. Blanco-Pape agreed to forward him the three agreements prior to their anticipated meeting, which would happen in advance of next month’s DSC meeting.

Mr. Skornick clarified that the contractual agreement ($6 million from the SFWMD and FIND and $10 million from the State) between the County and the SFWMD specifically allows reimbursement from the County of excess funds, and Ms. Blanco-Pape stated this is correct. Chair Buermann suggested that Ms. Skornick participate in the meeting with Mr. Bibeau and Ms. Blanco-Pape, and Mr. Skornick agreed.

II. Identification of Parties/Agencies Responsible for Tributaries Connecting to Miami River - Mr. Bibeau welcomed Captain Carlos Gimenez, Miami-Dade Fire Rescue, and thanked the Miami-Dade Fire Rescue vessel for its great work and continued service along the river and throughout the entire community. Mr. Bibeau thanked Captain Gimenez for having the Miami-Dade Fire Rescue vessel attend and conduct public outreach and demonstrations during the third Bike Miami Days at Lummus Park on Sunday, January 18, as well as the Downtown Miami Riverwalk Festival, which took place along the One Miami Riverwalk last month. Mr. Bibeau expressed his appreciation to Captain Gimenez for confirming his participation at the 13th Annual Miami Riverday Festival, which will be held on Saturday, April 4, 11 am to 4 pm at José Martí Park, SW 4th & SW 4th Avenue.
Mr. Bibeau explained today’s agenda item is geared at identifying the entities/agencies responsible for maintaining the following tributaries: the river’s North Fork, the South Fork, Lawrence Canal and the Tamiami Canal. Mr. Bibeau asked Captain Gimenez if it is safe to assume that the Miami Dade Fire Rescue vessel would experience difficulty navigating the aforementioned tributaries during the hypothetical case of a fire, and Captain Gimenez concurred with this observation, noting navigation along these waterways is a continued problem. Mr. Bibeau stated that during a recent trip to Sewell Park with his family, he witnessed a boat get stuck while trying to navigate out of the Lawrence Canal. Mr. Bibeau added a plume of sediment, which made the water white, then drifted into the newly dredged river. Mr. Bibeau noted the City of Miami Marine Patrol had indicated they would like to provide law enforcement activity within these tributaries, but are unable to navigate their entire length due to the amount of litter and debris blocking the waterways.

Mr. Bibeau distributed copies of the “United States Conference of Mayors Mainstreet Economic Recovery Survey”, and thanked the Honorable Mayor Diaz and City of Miami for including the following line items pertaining to citywide canal maintenance and waterway cleaning, which were submitted to seek federal funding through the economic stimulus package being proposed to Congress by President Elect Obama:

“Wagner Creek Seybold Canal Environmental Cleanup and Dredging” - $16,875,000
Citywide Canal Maintenance Dredging: $30 million
Fern Isle Waterway Cleaning: $2 million
Ademar and Davis Canal Dredging Project: $3,927,400

Mr. Bibeau noted the entities responsible for the aforementioned tributaries should be identified by the environmental regulatory agencies represented on the Dredging and or Stormwater subcommittee’s, prior to the federal government potentially awarding $52 million to “clean” and or “dredge” these waterways. Mr. Bibeau noted Congress may act on the economic stimulus package by February.

Chair Buermann recognized the importance of identifying ownership of these waterways so that they may be properly maintained for environmental and public safety reasons. Chairman Buermann asked Captain Gimenez if Miami Dade Fire Rescue could support this endeavor. Captain Gimenez replied that Miami Dade Fire Rescue would support the MRC’s efforts and reviewed the location of the tributaries in the Miami River Map and Guide. Chair Buermann asked if there are any boats currently tied up/docked in these canals or silted in, and Mr. Bibeau explained there are boats docked along the canals to a “certain point” before reaching some form of obstruction in areas furthest from the river. Mr. Bibeau added these tributaries are also home to residential boats and several boatyards and businesses, such as Bertram Yachts, Glass Tech, Campeones, Consolidated Boatyard, etc.

Chair Buermann stated the MRC’s next priority is the dredging of Wagner Creek and Seybold Canal, and asked for the status of that project. Mr. Bibeau noted CH2MHill was contracted by the City of Miami for design, permitting and public outreach for the Wagner Creek and Seybold Canal Dredging project. Mr. Bibeau noted they had hoped to have all permits issued prior to the end of 2008, yet that timeline has been extended to early 2009. Mr. Bibeau noted the current estimated total project cost is between $14-$19 million. Mr. Bibeau noted there is an estimated $3 million currently available in the City’s Wagner Creek and Seybold Canal Dredging account, and the City is requesting the remaining $16,875,000 in the federal economic stimulus package. Mr. Bibeau noted that if the total requested federal funding for the project is not received, there are additional potential funding opportunities as previously recommended by the MRC, such as: 1) The City of Miami Stormwater Utility Fee; 2) Miami-Dade County Stormwater Utility Fee; 3) Florida Inland Navigation District $1 million grant opportunity(application is due in April 2009; 4) requesting $1 million from the South Florida Water Management District to re-secure the $1 million originally granted for the project from the South Florida Water Management District in 2003, which had been reprogrammed to a different SFWMD project when the City was unable to use the previously awarded grant to dredge the Wagner Creek and Seybold Canal by the end of that fiscal year.

Mr. Evan Skornick, South Florida Water Management District, stated he believed the city had originally proposed contracting a firm to perform all duties, including maintenance dredging, and asked if they had scaled back on their scope due to funding. Mr. Bibeau noted an estimated $4 million was originally available, yet a little less than $1 million of this funding was utilized for the CH2M Hill service contract–which did not include dredging. Mr. Bibeau stated he believed there may be a clause in the contract that could trigger a second phase in which CH2M Hill could become the firm that would perform dredging, but he presumed that would require additional funding. As of now, Mr. Bibeau explained that CH2M Hill is solely responsible for design, permitting and public outreach. Chair Buermann asked if these permits have a shelf life, and Mr. Skornick replied they typically do-depending on the agency-but can be renewed via a letter request. Chair Buermann asked who the primary issuers of these permits are, and Mr. Skornick replied DERM would be one entity, and depending on the ownership of the land under the canal, possibly the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE). Chair Buermann recommended inviting all appropriate regulatory agencies (City of Miami, DERM, SFWMD, etc.) to a site visit of Wagner Creek and Seybold Canal, and Mr. Bibeau replied staff would look into scheduling a site visit/walking tour soon.

Chairman Buermann respectfully requested the City of Miami, DERM, SFWMD, FDEP, ACOE etc. to research the legal responsibility/ownership of the river’s North Fork, the South Fork, Lawrence Canal and the Tamiami Canal and bring forth any information to next month’s DSC meeting. Mr. Bibeau stated he believed the SFWMD is legally responsible for maintaining the Tamiami Canal, and Mr. Skornick replied yes, since the C-4 area is part of the SFWMD’s Central and South Florida flood control program. Chair Buermann asked if all the tributaries are natural waterways, and Mr. Bibeau replied that some are a mixture of natural and man-made.

Mr. Skornick stated he would try his best to research ownership information for next month’s DSC meeting. Ms. Blanco-Pape explained that the entity submitting the permit applications is typically responsible for researching the ownership of the subject area. Ms. Blanco-Pape noted this sort of investigation could take up a lot of time and extensive resources, and was not sure if she could commit to this effort at this time. Chair Buermann suggested continuing to engage the MRC’s Stormwater Subcommittee as well in these efforts. Mr. Bibeau thanked Captain Gimenez for attending today’s meeting.

III. New Business- No items were addressed/discussed.The MRC Dredging subcommittee confirmed their next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for February 18, 2009, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL. Mr. Bibeau welcomed participation via conference call.

The meeting adjourned.

January 21, 2009 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Dredging Working Group met on Wednesday, January 21, 2009, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th FL.

The DSC made self-introductions and welcomed DSC Chair Eric Buermann, Mr. David Roach, Executive Director of the Florida Inland Navigation District and Ms. Marina Blanco-Pape, Miami-Dade County Department of Environmental Resources Management (DERM), whom participated in the meeting via conference call. The sign-in sheet is enclosed.

I. Status of Seeking Non-guaranteed $21 million Federal Refund - Mr. Bibeau noted he had recently met with Ms. Marina Blanco-Pape, DERM and Mr. Evan Skornick, South Florida Water Management District (SFWMD), per the request of Chair Eric Buermann, to review the contractual obligations/protocol and determine an equitable solution for the potential yet non-guaranteed reimbursement for the State ($15 million), SFWMD ($3 million) and FIND ($3 million), whom collectively had provided an extra $21 million over their originally pledged cost share amounts to cover the federal cost share shortfall in order to finish the grand total estimated $89 million Miami River Maintenance Dredging project. Mr. Bibeau noted three potential sources to seek the non-guaranteed potential reimbursement had been discussed at the meeting:

Federal Fiscal Year 2009 Energy and Water Bill - President’s FY ’09 budget request, and the marked up Senate and House Energy and Water Bills, include $10.278 million for the project: expecting this to fold into an omnibus bill, following completion of economic stimulus package
Federal Fiscal Year 2010 Energy and Water Bill: Miami-Dade County’s adopted Federal Fiscal Year 2010 Legislative Package includes an $11 million request for the Miami River Maintenance Dredging Project. Mr. Bibeau noted the current federal legislative package found online is not consistent with DERM’s recent submittal to the County’s Department of Intergovernmental Affairs which included language requesting reimbursement. Per the direction of Chairman Buermann, Mr. Bibeau stated he had reached out to the County’s Department of Intergovernmental Affairs to recommend in addition to requesting $11 million, the Federal Legislative Package should request the appropriation bill also include language directing its intended use as reimbursement of the extra funding provided by the locals, and they had seemed amenable to amending the language. Mr. Bibeau state the County’s Intergovernmental Affairs consultant noted he would reach out the ACOE to verify if the reimbursement text is truly needed, and if so what legal terms it should use. Mr. Bibeau stated he has yet to receive a revised federal legislative package and would await Intergovernmental’s response from the ACOE. Mr. Crosley, FIND, and Mr. Skornick, SFWMD, indicated they concurred with DERM’s submittal to Intergovernmental which suggested seeking $11 million in addition to appropriation language directing the intended concept of reimbursement. Mr. Bibeau noted per the suggestion during the MRC’s February meeting, as budgeted he would be participating in the Washington, DC “Dade Fly-in” from February 25-26, and has scheduled meetings with almost every office of the Dade Delegation in support of the County’s $11 million reimbursement request for the Miami River. Mr. Bibeau asked Mr. Crosley for guidance on how to best proceed with the aforementioned reimbursement text request. Mr. Crosley replied that, based on his past professional and personal experience, Mr. Bibeau should strongly consider being straightforward when recommending inserting the word reimbursement, as the ACOE may not release funds on a completed project if “reimbursement” is not written into the Congressional authorization. Mr. Bibeau asked if FIND would be participating in next week’s “Fly-In,” and Mr. Crosley replied Executive Director David Roach will be traveling to Washington during the first week of March, and requested Mr. Bibeau to provide FIND a briefing upon his return from Miami; Mr. Skornick stated he would check to see who on behalf of the SFWMD will be attending.
“Left-overs”: Mr. Bibeau stated the original $89 million dredging project contract was prepaid using the extra $21 million provided by the locals to cover the federal cost share shortfall, based on an estimated removal of maximum 720,000 cubic yards including the required minimum 15 foot depth in addition to the potential maximum allowable over depth of 17-foot-deep, yet he believed the actual amount of cubic yards removed was less because the maximum allowable over dredge wasn’t consistently secured. Ms. Blanco-Pape stated the county has yet to receive the final reconciled numbers from the ACOE regarding the project-related claims, as negotiations are ongoing. Ms. Blanco-Pape added the ACOE had indicated that claims/negotiations are expected to be finalized by April/May

Mr. Bibeau reviewed two new potential sources:

ACOE Claims Account: Mr. Bibeau explained it has come to his understanding that the ACOE has an account, separate from the ACOE’s Miami River project account, which is dedicated towards settling claims; Mr. Bibeau noted the ACOE’s Miami River Project Account left over funds are 100% local extra funding provided to cover the federal shortfall to complete the project. Mr. Bibeau suggested the DSC encourage the ACOE to pay any claims they may award from their separate claims account, or at least 80%, which is the federal cost share for the project, for any potential claims instead of utilizing the leftover local funding and therefore be able to reimbursement the leftover local funding currently remaining the ACOE Miami River Dredging project account. Mr. Crosley, FIND, and Mr. Skornick, SFWMD, agreed.
House Economic Stimulus Bill: included provisions for reimbursements for projects experiencing similar situations; not sure if these provisions had been transferred into the final stimulus bill.

Mr. Bibeau noted Mr. Skornick and Ms. Blanco-Pape indicated all five potential sources to seek reimbursement apply to all the local cost-share partners, except the City of Miami, whose potential refund can only be derived from the leftover account for the portion that they paid in and out of the channel. Mr. Skornick and Ms. Pape-Blanco agreed.

II. Identification of Parties/Agencies Responsible for Tributaries Connecting to Miami River - Mr. Bibeau noted that at last month’s meeting, Chair Buermann had respectfully requested the DSC Environmental Regulatory Agencies to research the legal, maintenance responsibility/ownership of the river’s North Fork, the South Fork, Lawrence Canal and the Tamiami Canal. Mr. Skornick stated he had reviewed the ACOE’s original design memos for the C-6 canal in an attempt to identify ownership of these tributaries, but did not have any luck.

Mr. Bibeau thanked the Honorable Mayor Diaz and City of Miami for including the following line items pertaining to citywide canal maintenance and waterway cleaning in the “United States Conference of Mayors Mainstreet Economic Recovery Survey,” which was submitted to seek federal funding through the economic stimulus package being proposed to Congress by President Elect Obama:

“Wagner Creek Seybold Canal Environmental Cleanup and Dredging” - $16,875,000
Citywide Canal Maintenance Dredging: $30 million
Fern Isle Waterway Cleaning: $2 million
Ademar and Davis Canal Dredging Project: $3,927,400

Mr. Bibeau noted the entities responsible for the aforementioned tributaries should be identified by the environmental regulatory agencies represented on the MRC’s Dredging and or Stormwater subcommittee’s, prior to the federal government potentially awarding $52 million to “clean” and or “dredge” these waterways. Mr. Skornick stated the environmental related funding from the Federal Economic Stimulus will be administered by FDEP and or SFWMD. Mr. Bibeau noted this protocol is similar to FDOT administering use of transportation related funding from the federal economic stimulus bill.

Mr. Bibeau noted CH2MHill was contracted by the City of Miami for design, permitting and public outreach for the Wagner Creek and Seybold Canal Dredging project, which has a current estimated total project cost between $15-$19 million. Mr. Bibeau noted the City of Miami indicated they have been in contact with FIND regarding applying to a potential $1 million grant opportunity for the navigable Seybold Canal portion which has marine industrial businesses which would benefit from the project, including Campeones, 2 fishing businesses, Popeye’s boatyard etc. Mr. Crosley noted that in order to be considered for the grant, the waterway must be identified as natural and navigable, but to his knowledge, FIND has yet to receive any submittals from the City.

III. New Business - The following items were reviewed/discussed:

Mr. Bibeau noted consistent with DERM Director Espinosa’s recommendation, Chair Buermann decided to conduct DSC meetings every other month; therefore, the next publicly noticed meeting will be held on Wednesday, April 15, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL.
Mr. Bibeau asked Ms. Blanco-Pape if she would be so kind to provide the County’s draft Scavenger Decontamination Vessel Contract prior to this Friday, so that MRC staff may include it in the mail-out for review prior to the MRC March 2 meeting. Ms. Blanco-Pape replied the Board of County Commissioners recently approved the necessary name clarification, and the revised draft contract is awaiting final approval from the legal department, and therefore could not guarantee providing it by Friday.
Mr. Skornick announced he had voluntarily terminated his employment at the SFWMD to pursue a new career at DERM. Mr. Skornick stated Ms. Lucy Perez would serve as the new contact person for Miami River-related matters. The DSC congratulated Mr. Skornick and thanked him for his help on the Miami River.

The meeting adjourned.

February 18, 2009 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Dredging Working Group met on Wednesday, February 18, 2009, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th FL.

Mr. Brett Bibeau, MRC Managing Director, stated Chair Eric Buermann was out of town and had asked him to lead attendees through the agenda. The DSC made self-introductions and welcomed Mr. Mark Crosley, Assistant Executive Director of the Florida Inland Navigation District and Ms. Marina Blanco-Pape, Miami-Dade County Department of Environmental Resources Management (DERM), whom participated in the meeting via conference call. The Dredging Subcommittee unanimously adopted their January 21, 2009 meeting minutes. The sign-in sheet is enclosed.

I. Status of Seeking Non-guaranteed $21 million Federal Refund - Dredging Subcommittee Chairman Eric Buermann stated the MRC continues to support the local project sponsors requests for the non-guaranteed refund of the $21 million extra provided to cover the Federal funding shortfall, in which the ST covered an extra $15 million (71.4%), SFWMD and FIND an extra $3 million or 14.3% each, in order to complete the project under the 5-year contract and flat rate cost established in 2004. Chairman Buermann recommended the potential incoming refunds (up to $21 million) be split and pro-rated between the three agencies based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3%, and stated he would be scheduling meetings with MDC Chairman Moss and Manager Burgess to follow up on his related March 10, 2009 letter to the Manager. The FY’ 09 Federal omnibus bill contains over $10 million for the project, all of which Chairman Buermann recommend be provided to the locals, which would be almost half of the extra funding provided by the locals to cover the federal funding shortfall in order to finish the project. Chairman Buermann stated the MRC continues to support the County’s $11 million request for the project in FY ’10, which starts October 1, 2009. In addition, Chairman Buermann recommend the Army Corps return all leftover extra local provided funding, and provide the pledged 80% federal cost share if the Army Corps decides to award any of their contractor’s submitted change orders from alternate federal funding sources. Chairman Buermann and Director Bibeau asked Mr. Colon how much left over local extra funding was available, and Mr. Colon stated he would provide calculations to the MRC, in addition to a set of the requested post dredge drawings showing the actual depths in the post dredged river. Mr. Colon stated subject to signature by the project’s ACOE contracting officer, two of the contractor’s three final remaining requested change orders were settled / resolved last Monday: $283,000 regarding water quality, $529,000 regarding turbidity, and the ACOE requested additional information from the contractors for their 1 remaining $4 million change order request. Mr. Colon indicated the potential non-guaranteed refund of the extra funding provided by the local project sponsors would come after the contractor’s final remaining requested change order has been resolved.

II. Identification of Parties/Agencies Responsible for Tributaries Connecting to Miami River - Chair Buermann respectfully requested the DSC Environmental Regulatory Agencies to provide the legal, maintenance responsibility/ownership of the Miami River’s tributaries and canals. Ms. Perez forwarded the following preliminary research results emailed by Manny Tobon, Chief, Water Control Section, DERM:

Seybold Canal is owned by the City of Miami
Comfort Canal is the portion of the Miami River’s South Fork from S25A located just west of 42 Ave, and S25, located just west of 27 Ave – Miami Dade County assignment deed

III. New Business - The next regularly scheduled, third Wednesday of every other month, 10 AM, public MRC Dredging Subcommittee meeting at the SFWMD Regional Service Center, 2121 SW 3 Ave, 6th FL, was confirmed for June 17.

The meeting adjourned.

April 15, 2009 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Dredging Working Group held a public meeting on Wednesday, April 15, 2009, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th FL. MRC Dredging Subcommittee Chairman Eric Buermann chaired the meeting attended by Lucy Perez, SFWMD, MRC Managing Director Brett Bibeau and Mr. Nelson Colon, Army Corps of Engineers, participated in the meeting via conference call from Jacksonville. The Dredging Subcommittee unanimously adopted their February 18, 2009 meeting minutes.

I. Status of Seeking Non-guaranteed $21 million Federal Refund - Mr. Bibeau stated Mr. Nelson Colon, Army Corps of Engineers, and Ms. Marina Blanco-Pape, Miami-Dade County Department of Environmental Resources Management (DERM), were unable to attend today’s meeting, yet had emailed their progress reports in advance. Mr. Bibeau thanked FIND, the SFWMD, and Secretary Mike Sole, FL Department of Environmental Protection, for their support letters to Miami-Dade County Chairman Dennis Moss recommending Miami-Dade County make its reimbursement request of the non-guaranteed $21 million refund of the extra funding provided by the locals a “critical priority” in its current federal legislative package for Fiscal Year 2010, similar to how it was included as a “Critical Priority” in the past 9 County Federal Legislative Packages, and in the future until the non-guaranteed federal reimbursement of the full $21 million is secured. Mr. Bibeau added the letters also urged the County to request Congressional report language directing the requested $21 million be used for reimbursement of the entities which assisted in covering the federal funding shortfall, including the State which provided an extra $15 million (71.4%), the SFWMD and FIND whom provided an extra $3 million (14.3%) each to successfully complete the Miami River Maintenance Dredging/Environmental Clean-Up Project. Mr. Bibeau stated Chairman Buermann, SFWMD Director Hernandez, and he met with Miami-Dade County Chairman Moss on continued efforts to secure the non-guaranteed Fed. refund of the extra funding the locals provided to cover the federal funding shortfall in order to finish the project under the 5 year contract. There are several pools of potential federal funding in play, including but not limited to the project’s leftover funding, Congress’ FY’09 $10 million appropriation for the Miami River, Economic Stimulus funds, and future Congressional appropriations.

Mr. Bibeau stated DERM and the MRC have repeatedly requested data from the ACOE regarding the actual quantities dredged and associated price within each Acceptance Section, but to no avail. Mr. Bibeau explained the original contract was based on the estimated removal of a maximum of 721,000 cubic yards, including the required minimum 15 foot depth in addition to the potential maximum allowable over depth of 17-feet deep, which was priced at $67,661,800. Mr. Bibeau noted this maximum potential funding, based on maximum potential allowable yet not required over dredge riverwide, was provided to the ACOE in advance of their awarding each individual Acceptance Section, in addition to the extra estimated 15% overhead for the ACOE, bringing the grand total funding provided to the ACOE up to $89 million. Mr. Bibeau stated the contract did not allow dredging of in-situ rock, therefore he believed the actual amount of dredged cubic yards and associated cost was actually less that the maximum quantity and funding provided.

Mr. Bibeau stated an anonymous source directly involved in the project provided the actual dredged cubic yards as 541,250, which cost $50,728,252. Therefore, the ACOE has $16,933,628 of extra local funding leftover from the project. Mr. Bibeau added once the $10 million federal appropriation from Fiscal Year 2009 is factored in, the total funding becomes $26,933,628, which is well above the $21 million federal non-guaranteed refund that is being requested to reimburse the State, the SFWMD and FIND for the extra funding they provided to cover the federal funding shortfall to finish the project under the 5 year contract. Mr. Bibeau stated the ACOE indicated any potential non-guaranteed refund cannot be made until all claims/change orders have been processed prior to closing out the contract. Mr. Bibeau noted the ACOE contractor’s have indicated the ACOE is aware of all final remaining change orders, which will be submitted to the ACOE by the end of June 2009, and the grand total maximum requested change order price is between $12-$16 million. Therefore Mr. Bibeau stated MRC Chairman Eric Buermann is recommending that the ACOE set aside the maximum change order amount of $16 million as a reserve to pay out any potential future change order awards, and waive any future remaining years to submit additional change orders. Mr. Bibeau noted if the ACOE agrees to set the $16 million aside, then the total available amount to be potentially refunded to the locals becomes $10,933,628 ($26,933,628-$16 million). Mr. Bibeau noted the MRC continues to support the County’s current $11 million Federal request (in the County’s Federal Legislative Package, although no longer a “Critical Priority” as it was last 9 years) towards the non-guaranteed local refund for the project in Federal FY ’10, which starts October 1, 2009.

Mr. Mark Crosley, FIND, asked if the local cost-share partners have been at the table with the ACOE to consider the merits of the contractor’s requested $16 million in change orders, especially considering the majority of the available funding, which the ACOE would potentially use if they choose to award any change orders, is extra local funding provided to cover the federal funding shortfall. Mr. Bibeau replied that he is currently unaware of any local input in the ACOE’s process of considering the pending $16 million in change orders, although the ACOE did provide the locals with input on the ACOE’s contractor selection process. Mr. Crosley explained FIND has experience in considering change orders/claims, and offered his assistance-on behalf of FIND-to touch base with the ACOE and local cost-share partners. Mr. Crosley added FIND remains supportive and appreciative of the MRC’s ongoing efforts to support the County’s requests for the non-guaranteed Federal refund of the extra $21 million the locals provided to cover the Federal funding shortfall to complete the project. Mr. Crosley asked what the next step was for the DSC, and Mr. Bibeau replied recommending Miami-Dade County Commissioners amend their federal legislative package for Fiscal Year 2010 to include language directing that the $11 million be used for reimbursement to the local entities that assisted in covering the federal funding shortfall, and renew the previous “Critical Priority” status of the request. Mr. Crosley asked if there were any additional strategies, and Mr. Bibeau replied he would follow up with Miami-Dade County Chairman Moss, regarding the aforementioned amendments to the federal legislative package and engage the Honorable Congresswoman Ileana Ros-Lehtinen and the entire Dade Delegation to request their continued strong support of securing the non-guaranteed federal $21 million refund to the locals.

Mr. Bibeau stated the City of Miami is seeking an estimated $13 million for the Wagner Creek and Seybold Canal Dredging project, known as the most polluted waterway in the State of Florida, and a tributary of the Miami River, and hoped that if the State, SFWMD and FIND receive the non-guaranteed refund, they would consider applying a portion of the money to help support this project. Mr. Crosley noted this project would need to undergo FIND’s grant review process in order to be eligible to receive funding, and added that FIND could only assist with the natural and navigable portion of the waterway. Mr. Bibeau asked if the City of Miami had submitted any data to FIND regarding the waterway’s natural and navigable designation, and Mr. Crosley replied he personally had not received any new information.

Mr. Bibeau noted the ACOE will be providing information to the formal local project sponsor, Miami-Dade County, regarding the actual quantity of dredged sediments, spent funding, awarded claims/change orders, once the project has been “closed-out.” Ms. Lucy Perez, SFWMD, asked for the deadline for the contractors to submit change orders, and Mr. Bibeau replied up to seven years. Mr. Bibeau therefore reiterated the importance of urging the ACOE to set aside the maximum potential change order amount of $16 million (as a reserve), and waive any future remaining years to submit change orders.

Mr. Crosley asked Mr. Bibeau if he has heard any reports or feedback regarding operations along the river following the completion of the dredging project, and Mr. Bibeau replied he believed the intended goals of the dredging project have come to fruition: marine-related businesses have expressed satisfaction that the river has been restored the 15 foot depth of the River’s federal navigable channel; shippers are now able to load cargo to full capacity and new river-related marine industrial businesses are continuing to open along the river.

Mr. Crosley asked Mr. Bibeau to forward the DSC’s aforementioned strategy to FIND Executive Director David Roach, so that FIND can touch base with FIND member Spencer Crowley, and begin coordinating efforts on their end. Mr. Bibeau stated the MRC will continue its efforts and expressed his appreciation of everyone’s support.

II. Identification of Parties/Agencies Responsible for Tributaries Connecting to Miami River – No report was provided.

III. New Business – Mr. Bibeau noted the next regularly scheduled, third Wednesday of every other month public MRC Dredging Subcommittee meeting falls in August-which the DSC usually takes off - and therefore noted the next meeting will be held at the SFWMD Regional Service Center, 2121 SW 3 Ave, 6th FL, 10 am, on September 16. Mr. Bibeau thanked the SFWMD for continuing to host the DSC meetings.

The meeting adjourned.

I. Status of Seeking Non-guaranteed $21 million Federal Refund – Mr. Bibeau stated Mr. Nelson Colon, Army Corps of Engineers, and Ms. Marina Blanco-Pape, Miami-Dade County Department of Environmental Resources Management (DERM), were unable to attend today’s meeting, yet had emailed their progress reports in advance. Mr. Bibeau thanked FIND, the SFWMD, and Secretary Mike Sole, FL Department of Environmental Protection, for their support letters to Miami-Dade County Chairman Dennis Moss recommending Miami-Dade County make its reimbursement request of the non-guaranteed $21 million refund of the extra funding provided by the locals a “critical priority” in its current federal legislative package for Fiscal Year 2010, similar to how it was included as a “Critical Priority” in the past 9 County Federal Legislative Packages, and in the future until the non-guaranteed federal reimbursement of the full $21 million is secured. Mr. Bibeau added the letters also urged the County to request Congressional report language directing the requested $21 million be used for reimbursement of the entities which assisted in covering the federal funding shortfall, including the State which provided an extra $15 million (71.4%), the SFWMD and FIND whom provided an extra $3 million (14.3%) each to successfully complete the Miami River Maintenance Dredging/Environmental Clean-Up Project. Mr. Bibeau stated Chairman Buermann, SFWMD Director Hernandez, and he met with Miami-Dade County Chairman Moss on continued efforts to secure the non-guaranteed Fed. refund of the extra funding the locals provided to cover the federal funding shortfall in order to finish the project under the 5 year contract. There are several pools of potential federal funding in play, including but not limited to the project’s leftover funding, Congress’ FY’09 $10 million appropriation for the Miami River, Economic Stimulus funds, and future Congressional appropriations.

Mr. Bibeau stated DERM and the MRC have repeatedly requested data from the ACOE regarding the actual quantities dredged and associated price within each Acceptance Section, but to no avail. Mr. Bibeau explained the original contract was based on the estimated removal of a maximum of 721,000 cubic yards, including the required minimum 15 foot depth in addition to the potential maximum allowable over depth of 17-feet deep, which was priced at $67,661,800. Mr. Bibeau noted this maximum potential funding, based on maximum potential allowable yet not required over dredge riverwide, was provided to the ACOE in advance of their awarding each individual Acceptance Section, in addition to the extra estimated 15% overhead for the ACOE, bringing the grand total funding provided to the ACOE up to $89 million. Mr. Bibeau stated the contract did not allow dredging of in-situ rock, therefore he believed the actual amount of dredged cubic yards and associated cost was actually less that the maximum quantity and funding provided.Mr. Bibeau stated an anonymous source directly involved in the project provided the actual dredged cubic yards as 541,250, which cost $50,728,252. Therefore, the ACOE has $16,933,628 of extra local funding leftover from the project. Mr. Bibeau added once the $10 million federal appropriation from Fiscal Year 2009 is factored in, the total funding becomes $26,933,628, which is well above the $21 million federal non-guaranteed refund that is being requested to reimburse the State, the SFWMD and FIND for the extra funding they provided to cover the federal funding shortfall to finish the project under the 5 year contract. Mr. Bibeau stated the ACOE indicated any potential non-guaranteed refund cannot be made until all claims/change orders have been processed prior to closing out the contract. Mr. Bibeau noted the ACOE contractor’s have indicated the ACOE is aware of all final remaining change orders, which will be submitted to the ACOE by the end of June 2009, and the grand total maximum requested change order price is between $12-$16 million. Therefore Mr. Bibeau stated MRC Chairman Eric Buermann is recommending th

June 17, 2009 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Dredging Working Group held a public meeting on Wednesday, June 17, 2009, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th FL.

MRC Dredging Subcommittee Chairman Eric Buermann was out of town and therefore requested that MRC Managing Director Brett Bibeau lead attendees through the agenda. Participating in the public meeting were Mr. Mark Crosley, FIND, Lucy Perez, SFWMD, Ms. Marianne Winfield, Smart Growth, Ms. Ashley Chase and Mr. Brett Bibeau, MRC Assistant and Managing Directors. The April 15, 2009 minutes were accepted.

I. Status of Seeking Non-guaranteed $21 million Federal Refund - Ms. Marina Blanco-Pape, DERM, stated the Army Corps of Engineers (ACOE) has received more claims, which may not be resolved until 2010. Ms. Blanco-Pape explained that until all claims have been resolved, reconciliation can not be reached. Ms. Blanco-Pape noted she had previously provided the as-built documents- as requested by the MRC- but did not have any further information to report to the Dredging Subcommittee until all claims have been negotiated. Ms. Blanco-Pape added that the funding agreement with the SFWMD is set to expire in October. DSC Chairman Buermann asked if this agreement would have any impact on the requested $21 million from the federal government to be used for reimbursement of the entities which assisted in covering the federal funding shortfall- including the State which provided an extra $15 million (71.4%), the SFWMD and FIND whom provided an extra $3 million (14.3%) each to successfully complete the Miami River Maintenance Dredging/Environmental Clean-Up Project- and Ms. Blanco-Pape replied no. Ms. Blanco-Pape explained that only when all claims have been negotiated would it be determined if there is any leftover money to be potentially reimbursed to the referenced entities. DSC Chairman Buermann stated all parties presently have an incentive to get the money reimbursed, as any recaptured money can potentially be reprogrammed to other projects. DSC Chairman Buermann stated it was his understanding that the dredging contractor had already submitted all claims, and Ms. Blanco-Pape replied the ACOE is continuing to receive claims and added that the deadline for the contractors to submit any change orders is up to seven years. DSC Chairman retorted that if that’s the case, then all claims and change orders should be reviewed and all accounts closed-out so that the reimbursement process can commence. Ms. Blanco-Pape stated she had no further information to report at this time, but would continue working with the ACOE during this process. On behalf of the MRC, DSC Chairman Buermann offered his assistance to work with the ACOE in an effort to move these efforts along.

II. Identification of Parties/Agencies Responsible for Tributaries Connecting to Miami River – Ms. Chase stated that, per the request of DSC Chairman Buermann, the South Florida Water Management District’s Title Examiners had compiled and analyzed Florida county deeds, deed books and official records books to determine the legal ownership of the following Miami River Tributaries and Canals: Tamiami Canal, North Fork, South Fork, Wagner Creek, Seybold Canal, Lawrence Canal and Palmer Lake. Ms. Chase added the aforementioned data was presented to the MRC’s Stormwater Subcommittee for the first time on September 2 for review and the SSC attendees had posed questions regarding the legal ownership and maintenance responsibility for the aforementioned canals and its flowage rights, as well as requested that the SFWMD legal department determine the proper definition for “maintenance” and environmental clean up of said canals. Mr. Perez stated she had agreed to forward this request as soon as MRC staff provides her with the MRC Stormwater subcommittee’s September meeting minutes, which includes the specific inquires and additional comments. Ms. Perez noted Mr. Omar Abdelrahman, DERM, had agreed to verify the county’s ownership/legal responsibility of certain canals, which the SFWMD document indicated Miami-Dade County is the legal owner and responsible for maintenance, and asked Ms. Blanco-Pape if she had been contacted by him to verify such information through DERM. Ms. Blanco-Pape replied no, and added that perhaps Mr. Abdelrahman will be routing his inquiries through the county’s Public Works Department. DSC Chairman Buermann thanked the SFWMD for its continued efforts and explained that the MRC hopes to determine the legal ownership/responsibility of these canals and tributaries, so that any issues involving waterway obstructions and/or maintenance can be addressed and resolved effectively.

III. New Business – DSC Chairman Buermann stated future MRC Dredging subcommittee meetings will be held on as needed basis, as he believed it was no longer necessary to conduct future regularly scheduled publicly noticed Dredging Subcommittee meetings, and instead expressed his preference for continuing to work as the Chairman with MRC staff, and thereby more efficiently, with the ACOE to seek the non-guaranteed $21 million federal refund.

The meeting adjourned.

September 16, 2009 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Dredging Working Group held a public meeting on Wednesday, September 16, 2009, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th FL.

MRC Dredging Subcommittee Chairman Eric Buermann welcomed the participants of the public meeting which included: Ms. Marina Blanco-Pape, Miami-Dade County Department of Environmental Resources Management (DERM), Ms. Lucy Perez, South Florida Water Management District (SFWMD), and Ms. Ashley Chase, MRC Assistant Managing Director (MRC Managing Director Bibeau did not attend due to flu). The June 17, 2009 minutes were accepted.

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