I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – The MRC Dredging subcommittee noted the project recommenced on February 15.  Mr. Nathan Gilbert, C.F. Bean, reported a 70-foot-long recreational vessel named “It Wasn’t Me” docked on the south west shore of the Miami River behind a single family home in the Durham Park Neighborhood, which needs to be temporarily relocated in order to dredge within that area.  Mr. Gilbert stated a portion of the vessel is docked in the federal navigable channel and asked if the U.S. Coast Guard (USCG) would be able to assist in temporarily relocating the vessel, and LT Channing Burgess, USCG, replied they do not have the authority / jurisdiction to fulfill that request, but instead could issue a “Captain of the Port Order.”  LT. Burgess explained that, as part of the captain of the port order, the USCG would dispatch a team to define the exact longitude and latitude of the vessel before notifying the owner via letter that potential civil action could be taken if the vessel is not brought into compliance.

Lt. Burgess suggested that Mr. Gilbert contact the City of Miami Marine Patrol for further assistance, and Mr. Gilbert replied he had previously met with SGT Mike Gonzalez, City of Miami Marine Patrol, whom indicated that the City had neither the jurisdiction nor the necessary equipment to temporarily relocate the vessel.

Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, asked Mr. Gilbert to contact Saxby Anderson or Mr. Donald “Chip” Nieman, ACOE, and Mr. Gilbert replied not as of yet.  Mr. Perez added that Mr. Donald “Chip” Nieman, ACOE, is currently on site, addressing any immediate Miami River Q &A/needs.  Mr. Perez added Mr. Anderson is spending time working at an ACOE project at Lake Okeechobee.    

Mr. Bibeau noted the vessel could potentially be relocated to a large marina site, located on the south shore of the Miami River’s south fork, just a few hundred yards from the

vessel’s current location.  Mr. Bibeau noted the property owner Charles Tavares kindly granted permission for recreational vessels which need to be temporarily relocated for the dredging project to dock at his facility free of charge, similar to a few dock spots at Bassas and La Caloma Marinas on the Miami River.   

Mr. Perez stated the ACOE received $11.5 million ($6.5 in accelerated funding, and $5 million in contributed funding), which is sufficient to award dredging within additional acceptance sections.  Mr. Perez noted the ACOE has requested $1.8 million from the County for bank-to-bank dredging.  Mr. Dorian Valdes, Miami-Dade Department of Environmental Resources Management (DERM), noted a $1.8 million check from the county will be picked up today, to be submitted to the ACOE.  Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), noted the county has received payments of all previously appropriated funding for the project from the Florida Department of Environmental Protection (FDEP), and was currently processing checks for submittal to the ACOE.  Mr. Bibeau asked when the payments would be submitted to the ACOE, and Ms. Blanco-Pape replied that both received payments, $1.496 million and $561,000, are expected to be transferred to the ACOE by the end of February 2008.

Ms. Blanco-Pape noted Mr. Evan Skornick, South Florida Water Management District (SFWMD), had indicated that he had processed all SFWMD payments, which include Florida Inland Navigation District Grants in the amounts of $434,000 and $1,174,000, as well as SFWMD’s $3 million towards local non-required contributed funds.  Ms. Lucy Perez, SFWMD, added authorization to apply for an additional $3 million FIND grant in April will be considered by the SFWMD governing board in March.  Ms. Perez stated the SFWMD’s $3 million bridge loan if FIND awards the $3 million grant application will be considered by the SFWMD Governing Board the month after the award letter is received in June.  Ms. Blanco-Pape noted she had invoiced the City of Miami $201,859 on 12/3/07, and is expecting to receive payment by the end of February 2008.  Ms. Blanco-Pape noted that budgeting issues would need to be resolved before DERM can invoice the County $298,557, estimated in March or April.  Mr. Bibeau asked if the Congressional $5.6 million FY’08 appropriation had been transferred from DC to the ACOE’s Jacksonville District, and Mr. Perez replied it was expected by the end of February.  Mr. Bibeau noted the DSC remains trying to provide all project funding to the ACOE no later than July 31, 2008, in order for the ACOE to have two months to award final acceptance sections before the contract’s September 30, 2008 deadline.  Mr. Bibeau added it will be two months between the time the ACOE received the $11.5 million and the award of the upcoming additional acceptance sections.

Mr. Bibeau noted the Honorable Congresswoman Ileana Ros-Lehtinen was informed the President and ACOE included a record-high $10.8 million for the Miami River maintenance dredging project in the FY ’09 budget submittal to Congress.  The DSC noted FY ’09 starts after the dredging contract’s September 30, 2008 deadline; therefore the potential additional Congressional appropriation may only be used to refund the previously provided local non-required contributed funds, of which $8 million have been appropriated to date.

Mr. Rene Perez stated the contributed funds agreement, which allows for the reimbursement of non-required additional local funding has been in ACOE headquarters awaiting approval since July 2007, and has not been executed on the local level. Mr. Perez noted the agreement was not required if Congress appropriates funding for this purpose.  Ms. Blanco-Pape stated after the ACOE provides DERM with the ACOE HQ approved version of the contributed funds agreement, it will be presented to the Board of County Commissioners for approval and execution.  Ms. Blanco-Pape explained the PCA amendment, which provides the vehicle to advance and contribute funds, was already executed by the County and ACOE.  Mr. Bibeau stated he would be traveling to Washington on February 26-28 for the “DC Fly-In” to support Miami-Dade County’s “Critical Priority” request for $13 million in FY ’09 to refund the “non-required contributed local funding” being provided to cover the federal cost share balance due, which is necessary in order to finish the project under the current contract and price. Mr. Bibeau offered to follow up in DC on the ACOE approval of the aforementioned agreement they have had since July 2007.  Per the request of Mr. Bibeau, Ms. Blanco-Pape and Mr. Perez agreed to provide him with a copy of the draft agreement which they would like ACOE HQ and the Board of County Commissioners to execute.
  
Ms. Blanco-Pape stated two areas were adjusted in the dredging template for AS 7 & 8 in order to stay further away from seawalls in poor condition.  Mr. Perez noted he would forward Saxby Anderson’s email detailing the adjusted areas. Mr. Bibeau noted an estimated $1.6 million in leftover funding was created while dredging AS 1-6.

Mr. Bibeau asked for an update regarding the research conducted by SFWMD and DERM regarding the status of FIND’s Fiscal Year 2004 $684,000 grant.  Ms. Blanco-Pape explained that she and Mr. Skornick reviewed two separate FIND contracts/agreements totaling $684,000, (DA 0272 and ICW MDC 0003 closed for $384,000 and DA 0272 closed for $300,000).  Ms. Pape Blanco stated all of the FIND FY ’04 $684,000 was spent on hard costs, with no soft costs.  Mr. Bibeau stated the Dredging subcommittee’s and DERM’s estimated funding summaries do not seem to recognize all of this FIND FY ’04 $684,000 in awarded grants.  Mr. Valdes asked for the reconciliation / recalculation to be conducted after the Dredging meeting.   

III. Update River Utility Crossings – Mr. Perez noted Ms. Luciana Friejo, ACOE Operations Division, has recently replaced Ms. Pat Hanson as the coordinator for utility relocations deeper beneath the Miami River in advance of dredging as required by the ACOE.  Mr. Perez stated all utilities are clear within the currently awarded AS 7 & 8 and will be contacting utility companies to examine the status of any remaining utility relocations with the final acceptance sections.
 
IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – MRC staff noted representatives from the Florida Department of Transportation (FDOT) were unable to attend today’s meeting, but Ms. Alice Bravo, FDOT, had recently emailed updates to the NW 12th Avenue and NW 5 ST Bridge removals.

V. New Business – Mr. Bibeau distributed and reviewed the following documents:

• A Memorandum from the Honorable Congresswoman Ileana Ros-Lehtinen inviting Miami River stakeholders to a February 29 event for the recommencement of the Miami River Maintenance Dredging and Environmental Clean-Up project. The event will take place at 10:30 am at the dockside of the sediment processing plant, 3460 NW North River Drive.  Mr. Bibeau stated MRC Chairman Buermann had e-mailed his approval of the MRC renting four ten by ten tents, 30 chairs, and a table for the event.  Ms. Blanco-Pape noted the county would provide the podium (with microphone) and CD player.  MRC staff agreed to contact Mr. Robert Villar of Mayor Carlos Alvarez’s office, which has a Communications Department to seek speakers, USA, FL, flags.  Mr. Perez thanked the MRC for helping put the event together.

The Dredging subcommittee scheduled the next meeting Wednesday, March 19, 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.

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, reported the ACOE’s Project Review Board has recommended awarding dredging within Acceptance Sections 9-12 no later than March 20, 2008.  Mr. Evan Skornick, South Florida Water Management District, asked when Acceptance Sections 7 & 8 will be completed, and Mr. Perez replied that-according to the current contract schedule, AS 7 is supposed to be completed by March 24, 2008, but noted he would request a more accurate update from Mr. Donald “Chip” Nieman, ACOE.  Mr. Brett Bibeau, MRC Managing Director, noted Mr. Larry Bove, ACOE, had indicated that the majority of dredging in AS 7 has been completed, and AS 8 was currently entering into mass production.  Mr. Bibeau noted the pre-dredge survey of AS 9-12 maybe performed concurrently with the completion of AS 7 & 8.  Chair Buermann asked if the ACOE foresees any complications with the pre-dredge survey of AS 9-12, and Mr. Perez replied that he was not aware of any complications associated with the hydrographic survey, which is part of the dredging contract.  Mr. Bibeau added the surveys and dredging sometimes requires the coordination with the ACOE and the U.S. Coast Guard to temporarily relocate vessels.  Mr. Bibeau noted three marinas located along the Miami River - Bassas, La Coloma, and Miami River Park Marina- have kindly offered temporary dockage, free of charge, for residents whom need to temporarily move their recreational vessels for the project.

Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), noted DERM had received all SFWMD payments, which include Florida Inland Navigation District Grants in the amounts of $434,000 and $1,174,000, as well as SFWMD’s $3 million towards local non-required contributed funds.  Mr. Skornick and Ms. Blanco-Pape stated although the SFWMD’s $3 million payment is allowed to be used towards dredging either within the federal navigable channel or the locally funded “bank-to-bank” dredging, the funding will be used towards the federal funding shortfall to dredge within the federal navigable channel, not to reduce the local cast share.  Ms. Blanco-Pape noted the City of Miami had previously indicated they are expecting to cut/submit their $201,859 check to DERM by the end of this week. Mr. Bibeau asked for a clarification on the two City of Miami payments: $201,859 (advancement) and $101,873 (reimbursement). Ms. Blanco-Pape confirmed that the $201,859 are funds to be submitted to the ACOE, while the $101,873 are funds to be reimbursed to the County.  Ms. Blanco-Pape stated DERM had submitted the received Florida Department of Environmental Protection (FDEP) payments, $1,496,022 million and $561,157, to the ACOE on February 22, 2008.  Ms. Blanco-Pape stated DERM will forward all of the aforementioned recently received funding to the ACOE within 7-10 days.  Mr. Bibeau asked for an update regarding the County’s $298,557 payment, and Ms. Blanco-Pape replied that the funding was currently not available, but would be sent to the ACOE before July 31, 2008.

Mr. Bibeau asked for the status of the SFWMD’s additional $3 million bridge loan, and Mr. Skornick replied he had received permission to present a budget amendment and an amendment to their contract with the County during the SFWMD’s April Governing Board meeting, which would allow the forwarding of the SFWMD funds to the ACOE before July 31, 2008, in expectation of a $3 million FIND grant award.  Mr. Skornick noted he will submit the FIND application by April 1, 2008, adding that budget amendments are performed by the SFWMD Governing Board only three times per year.

III. Update River Utility Crossings – Mr. Perez noted the ACOE continues to contact utility companies to examine the status of any remaining utility relocations with the final acceptance sections.  Mr. Perez added all utilities are clear within AS 7 & 8.
 
IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez noted he had not received any updates regarding finishing removal of the NW 5th Street Bridge, but had recently received an email from the Florida Department of Transportation requesting the current location of the dredge.  Mr. Perez added the dredge - according to the timeframe in the contract - is expected to arrive at AS 11, the location of the NW 5th Street Bridge, on August 14, 2008.  The DSC agreed to follow-up with their FDOT partners regarding project updates.

V. New Business – Mr. Bibeau distributed and reviewed the following documents:

• Chair Buermann asked for an update regarding the county-owned property which the Board of County Commissioners provided for the project’s use until completion.  Mr. Perez stated he had received opposition from the dredging contractors when faced with the possibility of the county taking away/reclaiming portions of the site before the project’s completion.  Therefore the ACOE formally denied the request.  Mr. Valdes, DERM, stated the County has accepted the denial, therefore the entire previously approved County owned site will remain available until the project’s completion.
• Chair Buermann invited meeting attendees to the free 12th annual Miami Riverday festival, which will be held on Saturday, April 12, 2008, noon to 5 pm, José Martí Park, between SW 4th Street and SW 4th Avenue. The free festival features riverboat tours, environmental education, historical re-enactments, live music, children activities, etc. MRC staff distributed Miami Riverday flyers.
• The Dredging subcommittee scheduled the next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for April 16, 2008, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL.  Chairman Buermann stated he may be out of town during the dredging subcommittee’s April 16 meeting, therefore Mr. Bibeau will moderate the meeting.  Mr. Bibeau thanked the Dredging subcommittee members and 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, reported the ACOE awarded dredging within Acceptance Sections 9-12 on March 20, 2008.  Mr. Perez reported on March 27, 2008 the ACOE received another $4.5 million from the local project sponsors for the project.  Mr. Perez stated the submitted post dredge survey for acceptance section 7 is currently under review, and the ACOE expected to receive the contractors post dredge survey for acceptance section 8 in the near future.  Mr. Perez reported that the contractors have commenced dredging in acceptance section 9.

Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), noted DERM received and transferred all remaining previously appropriated funding local partners to the Army Corps of Engineers, which included: Florida Inland Navigation District Grants in the amounts of $434,000 and $1,174,000, South Florida Water Management District’s $3 million, and $201,859 from the City of Miami. Ms. Blanco-Pape noted the only money that has yet to be transferred to the ACOE is the County’s final $298,557 payment, which she noted would be sent to the ACOE before July 31, 2008.

Mr. Evan Skornick, South Florida Water Management District, noted the amendment to their contract with Miami-Dade County, which would allow the forwarding of the SFWMD funds to the ACOE before their July 31, 2008 deadline, in expectation of a $3 million FIND grant award, was approved by the South Florida Water Management District (SFWMD) Governing Board last week.  Mr. Skornick added the SFWMD Governing Board is seeking assurances from FIND that they will receive the $3 million grant.  Mr. Skornick noted he would present an update of the FIND grant at the SFWMD July Governing Board meeting.  Chair Buermann encouraged Mr. Skornick and Mr. Brett Bibeau, MRC Managing Director, to meet with FIND Commissioners.  Mr. Skornick replied as suggested during the recent presentation to the FIND board he has started compiling completed stormwater projects, and will be meeting with Ms. Blanco in the near future to receive an update of the county’s soft and in-kind costs for the project. Upon receipt of this data, Mr. Skornick noted he would combine the city and county’s contract and soft costs, and provide a breakdown of all costs to FIND.  Mr. Skornick added the next FIND presentation is in June, and the FIND votes on all applications in July.

III. Update River Utility Crossings – Mr. Perez noted the ACOE continues to contact utility companies to examine the status of any remaining utility relocations with the final acceptance sections, and added that-to his knowledge-the project remains on course.
 
IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Bibeau noted that while in Tallahassee for “Dade Days,” he had spoken to Mr. Gus Pago, Florida Department of Transportation, whom had agreed to follow-up on the status of the removal of the NW 5th Street Bridge. Mr. Bibeau noted FDOT has indicated their understanding that if the remaining 5 ST bridge pilings are removed from the area prior to the dredgers’ arrival at the NW 5 ST bridge, the ACOE dredgers will include the area, yet if the dredgers arrive before the pilings are removed, FDOT will be required to dredge the area as required by their ACOE NW 5 ST bridge permit.  Mr. Perez noted it was necessary for FDOT to make the ACOE aware of the pilings’ location

V. New Business – Mr. Perez stated he did not have an update regarding the permitting process for the repair of the Miami Circle seawall. Mr. Bibeau noted there is currently $2.2 million in the House set aside for the Miami Circle, and $2.5 million in the Senate, which means the necessary $1.75 million, could potentially become available following conference for the construction of a new seawall and removal of the collapsed seawall. Mr. Bibeau noted the funding from the Legislature would not become available until July.  Mr. Valdes, DERM, stated the Department of State (DOS) indicated they are willing to issue an emergency on the contract and DOS anticipated 4 months for the Miami Circle seawall removal and replacement.  Ms. Blanco-Pape noted Mr. Wheeler, DOS, stated he is expecting to receive all seawall replacements permits in June.

The Dredging subcommittee scheduled the next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for May 21, 2008, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th 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, reported that the contractors are currently dredging in Acceptance Section (AS) 9.  Mr. Perez stated the contractors’ post dredge surveys for Acceptance Sections 7 & 8 are obtained but remain under review and are yet to be accepted.  Mr. Perez noted the ACOE recently dispatched divers to inspect AS 8, following a recent report submitted by the contractors that hard rock was located just above the required 15’ depth of the Federal Navigable channel, therefore the contract prohibits its removal.

Mr. Carlos Espinosa, Director of Miami-Dade Department of Environmental Resources Management (DERM), stated the last three Acceptance Sections 13-15 have yet to be awarded.  Mr. Perez noted the regulatory agencies have been considering a new turbidity protocol which would only apply for Acceptance Section 15, which maybe different from the protocol for the rest of the project, therefore the Jacksonville District’s Office of Council had been recommending holding awards of acceptance sections 13-15 until the final turbidity protocol was established.  Mr. Perez stated recognizing the current protocol will remain in effect for Acceptance Sections 13 – 14, the ACOE has decided with available funding they will award Acceptance Sections 13-14, and only hold awarding Acceptance Section 15 until the potentially new turbidity protocol for Acceptance Section 15 is established.  Director Espinosa stated DERM, the Florida Department of Environmental Protection, and the Army Corps of Engineers continue to have conference calls regarding the potentially new turbidity protocols, alternatives and Best Management Practices designed to reduce turbidity within Acceptance Section 15, which includes the confluence of Biscayne Bay.  Director Espinosa stated considering the Miami River and its mouth do not have Johnsonian sea grass, FDEP will provide a variance pushing the mixing zone further out to where the first Johnson Sea grass is located.  Director Espinosa stated he estimates the variance to be issued this summer. 

Chairman Buermann noted the ACOE dredging contract requires all additional acceptance sections to be awarded by September 30, 2008, and the ACOE indicated they wouldn’t award the final acceptance section 15 until the final turbidity protocol is established, therefore the estimated variance timeline of this summer would have to be met in order to allow Acceptance Section 15 to be awarded before the contract’s September 30, 2008 deadline to award all final acceptance sections.  Director Espinosa commended the MRC and Chairman Buermann’s assistance in securing $10 million from the FL Legislature during the 2008 session, and the probable $3 million FIND grant, which will be sufficient to complete the project.  Mr. Perez stated the contractors have applied for several change orders, which remain under review and consideration by the ACOE, yet if awarded would increase the total project cost above the current $86 million estimate. 

Director Espinosa asked for Chairman Buermann’s and the MRC’s continued assistance in ensuring the Governor will not veto the appropriated funding, and work with Mr. Tommy Williams, FDEP, to create the necessary contract with the County for the State’s recent $10 million appropriation, so that the funding will be ready for transfer from the State to the County at the July 1, 2008 start of the State’s Fiscal Year 2009.  Chairman Buermann agreed, noting the ACOE would like to receive all remaining funding by July 31, 2008 in order to have sufficient time to award dredging within the final Acceptance Sections before the contract’s September 30, 2008 deadline.  Chairman Buermann stated he has been speaking with FDEP Secretary Sole and ACOE Colonel Grosskruger, whom have been very supportive of finishing the over 50% complete Miami River maintenance dredging and environmental clean-up project.  

Director Espinosa noted DERM received the South Florida Water Management District’s (SFWMD) 2nd $3 million payment, which is considered a bridge loan expected to be refunded by the anticipated $3 million grant from the Florida Inland Navigation District, which would become available on October 1, 2008.  Director Espinosa stated DERM will transfer the $3 million to the ACOE next week.

Mr. Bibeau distributed and reviewed a Miami River Maintenance Dredging funding matrix.  Mr. Bibeau reported the currently awarded Acceptance Sections 7-12 utilized the funding sent to the ACOE before March 27, 2008.  Mr. Bibeau noted on March 27, 2008 the ACOE received the following funding 1) Florida Inland Navigation District-$134,000 and $1,164,141; 2) City of Miami-$201,859; 3) SFWMD-$3 million = total of $4.5 million.  Mr. Bibeau stated $1.4 million of this total amount was recently set aside by the ACOE for 2 recently awarded change orders, leaving an available balance towards awarding acceptance sections 13-15 of $3.1 million.  Upon the ACOE’s receipt of the previously discussed additional $3 million next week, the available funding will become $6.1 million.  Mr. Bibeau noted the maximum cost to dredge AS 13 is $3,916,785 million, leaving a $2,183,215 balance towards dredging Acceptance Sections 14 & 15.  Mr. Bibeau noted the maximum total cost to dredge the last AS 14 & 15 is $6,575,240, minus the available $2,183,215, leaves a $4,392,025 delta.  Upon receipt of the State’s appropriated $10 million around July 1, 2008, minus the current balance due of $4,392,025, leaves $5,607,975 towards the potential change orders previously mentioned by Mr. Perez.  Mr. Perez noted the President’s FY ’09 budget submittal to Congress includes $10.8 million for the Miami River maintenance dredging project, yet as the Dredging subcommittee is aware the Federal FY ’09 commences on October 1, 2008, after the contract’s September 30, 2008 deadline to award all final acceptance sections.  Mr. Perez stated Congress has been notified, which is required prior to executing the Advanced Funds Agreement, and if the Agreement is executed, the potential FY ’09 Congressional appropriation may refund the additional local advanced funding provided in order to complete the project under the current contract and flat rate per cubic yard established in 2004.  Director Espinosa stated the Congressional Dade Delegation and County Intergovernmental Department continue advocating for $7 million in additional federal funding during the current Fiscal Year ’08.  Mr. Bibeau added some left over funds are anticipated after the ACOE accepts the conducted and submitted post dredge surveys for AS 7 & 8.

The DSC discussed the status of the Miami Circle seawall, which collapsed last summer into a section of AS 15.  Mr. Perez noted the concrete slabs need to be removed from the dredging template prior to the ACOE dredging contractor’s arrival, or they would have to skip over the area and it would become the State’s responsibility to dredge that area.  Mr. Perez added the ST had indicated in addition to removing the collapsed seawall, they want the seawall replaced in order to provide additional protection of the site before dredging commences in that vicinity.  Chair Buermann noted the State needs to issue an emergency and hire a shoreline contractor, so that when the $2.2 million recently authorized by the FL Legislature to repair the Miami Circle’s seawall and create a publicly accessible riverwalk becomes available on July 1 work may commence and hopefully finish before the earliest possible arrival of the dredgers in that area, in early October 2008.  Mr. Bibeau noted that, to his knowledge the State needs to obtain approval on four submitted permit applications to FDEP, ACOE, DERM and City of Miami.  Mr. Bibeau asked for the status of the State’s DERM permit, and Mr. Dorian Valdes, DERM, replied DERM was dependant on the issuance of the FDEP permit first.  Mr. Bibeau explained the distributed funding matrix is based on the dredgers estimated best case scenario of dredging 1,900 cubic yards per day, and based on that calculation the dredgers are expected to arrive at the Miami Circle (AS 15) on October 7, 2008 and would finally finish the project in late October of this year.  The Dredging subcommittee therefore agreed to continue recommending the ST secure all necessary permits, and execute a contract to replace the Miami Circle seawall by July 1, 2008 when the $2.2 million becomes available, therefore providing three months to complete the seawall replacement before the earliest potential arrival of the dredgers in October 2008.

III. Update River Utility Crossings – Mr. Perez noted the ACOE continues to contact utility companies to examine the status of any remaining utility relocations with the final acceptance sections, and added that-to his knowledge-the project remains on course and clear of all underground utilities previously relocated deeper beneath the federal navigable channel at the request of the ACOE in preparation of the project.
 
IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez stated The Florida Department of Transportation (FDOT) had requested a meeting with the ACOE to discuss the remaining removal of the NW 5th Street Bridge pilings which are located at the bottom of the dredging template.  Mr. Perez noted if the remaining pilings are removed before the dredgers arrive at the 5 ST Bridge they will include dredging within that area, yet if the pilings remain in the dredging template they will skip over the area and require FDOT to dredge the vicinity while constructing the new NW 5 ST Bridge.

V. New Business – The DSC welcomed Mr. Nelson Arencibia, Brisas del Rio Marina, whom noted he was trying to obtain assistance in renovating the Brisas del Rio marina via maintenance dredging the site’s boat slips, which are currently as shallow as 3 feet deep.  Mr. Bibeau distributed a photo of the site located on the River’s south shore west of 22 Ave (1583 NW 24 Ave), and noted Mr. Arencibia was asked to contact the MRC per the suggestion of a Miami City Commissioner.  Mr. Arencibia stated the site has an active DERM Marine Operating Permit.  Mr. Arencibia stated maintenance dredging within the private water slips is an expensive project, and they were seeking public financial assistance for the project.

Mr. Bibeau explained the MRC is a non-profit organization that does not have the means to consider contributing financially to the proposed dredging project, but recommended seeking assistance from the following potential sources:

1) Miami-Dade County Beacon Council, which recently provided over $10 million in economic incentives to retain and expand Bertram Yachts on the River’s Tamiami Canal;

2)Enterprise Zone, which is a State economic incentive package for new and expanding businesses along the Miami River;

3) Historically Underutilized  Business (HUB) Zone, which is a federal economic incentive package.

Mr. Bibeau noted Mr. Perez had explained this private dredging project can’t piggyback on the existing Miami River Maintenance Dredging project’s permits.  The Dredging subcommittee regulatory agencies explained permits for this project would need to be obtained from the ACOE, FDEP, DERM, and possibly the City of Miami.  Mr. Espinosa indicated that these permits could be obtained concurrently, but the issue of sediment disposal would need to be addressed.  Mr. Arencibia stated he would be interested in hiring the ACOE dredging contractors in order to use their sediment processing plant and disposal methods.  Mr. Perez stated if the ACOE contractors schedule isn’t impacted, private properties may potentially hire and pay them for additional dredging outside of the maintenance dredging template.  The Dredging subcommittee noted the earliest the Miami River maintenance dredging project may be completed in October 2008, and if no additional contracts and permits have been executed by then, the dredgers and their equipment, including the sediment processing plant, will be packed up and leave Miami.  Mr. Bibeau asked Mr. Espinosa for a timeframe to obtain permits, and Mr. Espinosa replied that it could take 5 months.  Mr. Arencibia added his company also owns the East Coast Fisheries site on the Miami River, and currently has a lot of investment along the Miami River.  Director Espinosa and Mr. Bibeau offered assistance in guiding Mr. Arcencibia through the process to achieve the private property owner’s desire to maintenance dredge their currently permitted wet slips to the same 15 foot depth as the recently dredged adjacent federal navigable channel.

The MRC Dredging subcommittee confirmed their next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for June 18, 2008, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL.  Chairman Buermann stated he would be out of town, and without objection directed Mr. Bibeau to lead attendees through the agenda.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), stated the County was awaiting receipt of the $7 million check from the South Florida Water Management District (SFWMD), which Ms. Lucy Perez, SFWMD, confirmed was mailed to DERM on Friday, July 11, 2008.  Ms. Blanco-Pape noted that once the check is received, it will be submitted to the ACOE within 7-10 calendar days.  Mr. Bibeau noted the $7 million is part of the State’s recent $10 million Fiscal Year 2009 appropriation for the Miami River Maintenance Dredging project. Ms. Blanco-Pape stated she had requested the status of the county’s remaining $298,000 cost-share, and the County’s finance department had indicated that the payment is currently being processed.  Ms. Blanco-Pape added the payment will be submitted to the ACOE before July 31 in order to have sufficient time to award dredging within the final Acceptance Sections.  Mr. Bibeau thanked everyone for their ongoing efforts.

Mr. Bibeau expressed that over a span of eight years, the local cost-share partners had a mutual goal to provide $88 million to the Army Corps of Engineers by July 31, 2008 in order to complete the Miami River Maintenance Dredging project before the contract’s September 30, 2008 deadline. Mr. Bibeau stated he was pleased to announce that the project was on track as the ACOE has thus far received $81 of $88 million, and thanked everyone for making the goal to complete the dredging project possible.

Mr. Bibeau noted it was his understanding that, according to the current contractual agreement, the remaining $3 million of the State’s recent $10 million appropriation will be utilized to cover any potential pending change-orders, and is already appropriated/available upon request by the ACOE for potential future change-orders. Mr. Bibeau reported the ACOE had indicated, as reflected in the previously adopted DSC May meeting minutes, that the $7 of $10 million is sufficient to award Dredging in the final Acceptance Sections 13-15. Mr. Bibeau added that to date, the ACOE has not submitted a request for the remaining $3 million.

Mr. Bibeau reported that the Miami River Maintenance Dredging project recommenced on June 28, 2008 in Dredging Acceptance Section (AS) 12, after briefly stopping at the end of AS 9 due to the discovery of WWII munitions in the Miami River.  Mr. Bibeau noted the dredgers have been working on AS 12 for 19 days, with 12 estimated days of work remaining for completion of that section.  Mr. Bibeau noted that, according to a recent email from Mr. Scarborough, the Miami River Maintenance Dredging project is now planned as followed: AS 12, AS 11, AS 13, AS 14, AS 15, AS 10 and then the end of AS 9.  Mr. Scarborough stated the dredgers are finishing work in AS 12 and moving into AS 11, which due to an expected high volume of in-situ rock which will not be removed, may be completed in 2-3 weeks, therefore there is a time pressure to award dredging within the next AS 13.  Mr. Scarborough stated at this time the ACOE is a few hundred thousand short of full funding necessary to award AS 13.  Mr. Bibeau explained that dredging within the next section, AS 13, will occur after a pre-dredge survey has been conducted, reviewed and approved by the ACOE-a process which can take at least one month.  Mr. Bibeau added that, according to Ms. Blanco-Pape, $7 million of the State’s $10 million FY ’09 appropriation, which is sufficient to award dredging in AS 13-15, should be received by the ACOE within 7-10 calendar days.

Mr. Mark Bailey, Merrill-Stevens Dry Dock Company, asked if it generally takes up to four weeks to dredge each acceptance section, and Mr. Bibeau provided the following estimated schedule to complete the remaining dredging acceptance sections (based on the contractor’s estimated production of 1,900 cubic yards per day):

• AS 11: 28 days
• AS 13: 22 days
• AS 14: 18 days
• AS 15: 15 days
• AS 10: 27 days
• AS 9: grand total was estimated at 26 days

Mr. Bibeau stated it was his understanding that the previous $1.4 million in awarded change-orders would not be taken from the remaining $3 million of the State’s recent $10 million appropriation, and Mr. Perez replied that the referenced $1.4 million has already been obligated.  Mr. Bibeau stated the remaining $3 million of the State’s recent $10 million appropriation maybe utilized and is available to cover potential future change-orders, upon request by the ACOE.  Mr. Scarborough confirmed this information, yet noted that the dredging contractor’s stand-by costs, following their temporary demobilization due to the munitions process, have yet to be negotiated.  Mr. Perez reminded that every time an acceptance section is awarded and completed, the modifications yielded in each of those acceptance sections must comply with new additional turbidity testing requirements, which he added were not part of the original contract and will require additional funds.  As Mr. Perez stated in the May 2008 DSC meeting minutes, the regulatory agencies have been considering a new turbidity protocol which would only apply east of the Brickell Bridge in Acceptance Section 15, which maybe stricter than the protocol for the rest of the project.

Mr. Bibeau noted the ACOE had reported during the May DSC meeting that Acceptance Sections 1-6 had been completed and accepted, and asked if any additional sections since that time had been accepted.  Mr. Bibeau asked for the status of the $1.6 million in “leftovers,” which he recalled had been generated following the completion of AS 1-6. Mr. Perez noted the $1.6 million has already been utilized to award AS 9-12.

Mr. Bibeau distributed the graph, “Miami River Maintenance Dredging & Environmental Clean-Up Project’s Additional Appropriated Local Contributed Funding.” Mr. Bibeau noted the total appropriated local contributed funding is $21 million ($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).  Mr. Bibeau added that there is no guaranteed refund for these funds, which the local project sponsors are seeking a refund for starting in the Federal FY ‘09.  Mr. Bibeau stated he was pleased to announce that the adopted Senate and House FY ’09 Energy and Water Bills included the President’s budget request of $10.279 million for the Miami River Maintenance Dredging Project.  Mr. Bibeau noted however that there is some question whether or not this bill will pass out of conference or if it is heading towards an Omnibus. If it heads towards an Omnibus, Mr. Bibeau explained the project may receive the lesser amount of the President’s request or an equivalent to last year’s awarded funding, which he believed was $5.6 million. Mr. Bibeau noted the ACOE may want to keep this information in mind while working on its FY 2010 budget submittal, when the locals will continue seeking the remaining balance of their non-guaranteed refund for the extra $21 million they provided the project in order to finish the project under the current price and contract.

Mr. Bailey asked for the ACOE’s rationale behind its newly proposed dredging acceptance section schedule. Mr. Scarborough noted the discovery of munitions in AS 9 generated a higher probability of potentially encountering additional ones in this particular area as opposed to within the remaining dredging acceptance sections. In order to maximize dredging, Mr. Scarborough noted the ACOE decided the project would be better served if the contractors resumed work away from AS 9.  Mr. Scarborough added that the “last scoop” maybe taken in AS 9, marking the completion of the Miami River Maintenance Dredging project.

Ms. Lucy Perez, SFWMD, noted Mr. Evan Skornick, SFWMD, had requested an update regarding the safety plan approval process for munitions disposal. Mr. Scarborough replied the ACOE has a very extensive safety plan in place, which was coordinated and approved by the Department of Defense prior to the recommencement of dredging. Mr. Scarborough added that 5-6 technicians/specialists are currently on site to address any potential munitions and monitor the implementation of the safety plan.

III. Update River Utility Crossings – Mr. Bibeau asked for the status of any remaining utility relocations within the final acceptance sections, and Mr. Perez replied that this information has been passed down to the contractor, whom he noted has assumed this responsibility.  Mr. Bibeau asked if the ACOE is aware of any potential utility relocations still being required, and Mr. Perez replied that one is currently being addressed. 

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Bibeau welcomed Ms. Jeannette Lazo, Public Information Specialist for the Florida Department of Transportation, and noted the dredgers are currently moving into AS 11, where the NW 5th Street Bridge is located.  Mr. Bibeau noted the bridge’s remaining pilings, situated at the bottom of the dredging template, have yet to be removed.  Mr. Bibeau stated the DSC May 2008 meeting minutes reflect the Florida Department of Transportation (FDOT) had requested a meeting with the ACOE to discuss the removal of the remaining portion of the NW 5th Street Bridge pilings. Mr. Bibeau asked Ms. Lazo if this meeting had occurred, and she replied she was not sure.

Ms. Lazo reported she had recently touched base with Mr. Art Perez, FDOT, whom had asked her to attend today’s DSC meeting and provide an update of the project.  Ms. Lazo stated the contractors of the NW 5th Street Bridge project, Kewitt, have already mobilized their equipment at the site. Ms. Lazo noted she would ask Mr. Perez if the pilings had been removed, and if not, she added that FDOT would like to work and coordinate with the ACOE to remove the pilings as soon as possible. Mr. Rene Perez, ACOE, stated it would be helpful if the pilings are removed.

Ms. Lazo asked how much time FDOT has to remove the pilings, and Mr. Scarborough replied that the contractors commenced dredging within the west end of AS 11 today. Mr. Bibeau added that, according to the contractor’s dredging schedule, AS 11, where the NW 5 St bridge is located, is expected to be completed within 2-3 weeks.  Mr. Rene Perez noted the pilings are currently at 16.5’ mean low water and need to be removed down -21 feet.  Ms. Lazo noted she would forward this information to Mr. Art Perez.

In light of impending potential contract modifications (i.e. additional turbidity testing), Mr. Perez suggested that the County request the additional $3 million of the State’s recent $10 million appropriation to forward to the ACOE, which he noted would assist in expediting the award of future acceptance sections.  Mr. Evan Skornick, SFWMD, confirmed the $3 million is available for the dredging project, as the agreement between the County and the SFWMD has been extended through October 2009. Mr. Skornick noted it was his understanding that the currently in route $7 million of the State’s $10 million FY ’09 appropriation for the project is sufficient to award AS 13-15.  Mr. Scarborough concurred that $7 million is sufficient to award AS 13-15, yet noted the ACOE is anticipating incurring additional project costs as a result of water quality testing modifications.  Mr. Skornick stated he would discuss the aforementioned concerns raised by the ACOE with the SFWMD Executive Office. Mr. Skornick asked Ms. Blanco-Pape to send him an email stating that the ACOE had raised these concerns to her (County), and is therefore requesting the previously appropriated $3 million sooner than later.  Ms. Blanco-Pape suggested that Mr. Scarborough express his need to advance the remaining $3 million balance in writing to the County, which she noted would be forwarded to the SFWMD.  Mr. Scarborough agreed to email Ms. Blanco-Pape the ACOE’s recommendation.

Mr. Bibeau asked for the status of turbidity modifications which are being established for the mouth of the river, to the east of the Brickell Bridge, and Mr. Scarborough replied the ACOE’s Environmental Office is currently reviewing suggested protocol information recently received from the Florida Department of Environmental Protection (FDEP).  Mr. Bibeau expressed concern over this time sensitive issue because the ACOE has indicated they will not award AS 15 until the final protocol is established, and therefore asked when the ACOE expected to submit responses to FDEP regarding the suggested protocol. Mr. Scarborough and Ms. Pape-Blanco stated all environmental agencies were working towards having the new protocol for east of the Brickell Bridge fully advertised, established and extended by August 15 to award AS 15 and avoid potential conflicts with the dredging contract’s September 30, 2008 deadline to award all final acceptance sections.  Ms. Blanco-Pape reported that FDEP is expecting to receive comments back from all associated parties, including the County, by the end of this week, and urged the ACOE to provide their comments as soon as soon as possible in order to keep the process on track.
 
V. New Business – The DSC discussed the status of the Miami Circle seawall, which collapsed last summer into a section of AS 15.  Mr. Bibeau noted that despite the request of Secretary Browning, Department of State (DOS), Secretary South of the State’s Department of Management Services had refused to issue an emergency to expedite the hiring of a shoreline contractor to replace the fully funded replacement of the Miami Circle seawall, which remains collapsed in the federal navigable channel.  Mr. Bibeau noted the ACOE has indicated the dredging contractors will not be able to dredge the portion of the federal navigable channel adjacent to the collapsed seawall until the seawall has been replaced.  Mr. Bibeau added he would appreciate any assistance from the ACOE, USCG, and DERM, to address this issue.  Mr. Perez clarified that if the Miami Circle’s collapsed seawall (concrete slabs in the federal navigable channel) are removed before the dredgers’ arrival, they would include dredging within that area, yet if the concrete slabs remain in the dredging template, they would skip over that area and require the State to dredge the left behind sediments after replacing the seawall.

Mr. Bibeau noted he had recently provided an update of the Miami River Maintenance Dredging project, per the request of the Miami-Dade County Metropolitan Planning Organization (MPO)’s Citizens Transportation Advisory Committee (CTAC). Mr. Bibeau distributed an adopted CTAC Resolution “Supporting and Encouraging the Completion of the Miami River Maintenance Dredging and Environmental Cleanup Project by the Funding Partners.”

The DSC welcomed Mr. Homero Meruelo and Mr. Nelson Arencibia, property owners of Brisas del Rio Marina. Mr. Bibeau noted the site is located on the River’s south shore west of 22 Ave (1583 NW 24 Ave), which he added has already been dredged. Mr. Bibeau noted Mr. Arencibia had reported at the May DSC meeting that he was trying to obtain assistance in renovating the Brisas del Rio marina via maintenance dredging the site’s boat slips, which Mr. Arencibia had reported were as shallow as 3 feet deep.  Mr. Meruelo noted the subject property consists of 8 ½ acres of land, 1,000 feet of linear frontage, and 3,000 feet for dockage which is currently being remodeled. Mr. Meruelo stated he was seeking the assistance of the ACOE to initiate a preliminary investigation at his site in an attempt to rectify an ongoing issue/problem. Mr. Meruelo reported that several months ago, approximately 10,000 cubic yards of rock/metal material had appeared in front of one of the marina’s main boat slips, and is concerned that it will seep from the bank to the bottom of the river.  Mr. Meruelo stated he suspected that one of the barges towing the dredged material from the Miami River Maintenance Dredging project, hit a post or seawall, therefore causing the material to be dropped onto their site.  Mr. Meruelo stated the rock/metal material encompasses a 75 x 70 foot area and is 12 feet deep. Mr. Scarborough stated the barges being utilized for the dredging project have a capacity to transport only 2,000 cubic yards, so he did not suspect that the 10,000 cubic yards of material in question came from such a barge.  Mr. Perez added major equipment at the sediment processing plant is required to take dredged sediment off of a barge.  Mr. Meruelo apologized for his miscalculation, and clarified that 3,000 cubic yards is a more accurate reflection of the material currently at the site. Mr. Perez noted that all complaints regarding the dredging project should be directed to the contractors, and directed Mr. Bibeau to provide the contact information for Mr. Ancil Taylor, project manager on behalf of Bean Environmental.  Per Mr. Perez’s request, Mr. Bibeau provided Mr. Meruelo with the telephone phone number for Ancil Taylor.  Mr. Meruelo stated it was his understanding that enterprises have provided funding to help the Miami River, and wanted to receive more information regarding this matter to determine if such entities could assist with his current dilemma.  Mr. Bibeau noted there are several economic incentives/programs currently available to new or expanding businesses along the River including but not limited to the Enterprise Zone.  Mr. Bibeau noted the Miami-Dade County Beacon Council, which recently coordinated over $10 million in economic incentives to retain and expand Bertram Yachts on the River’s Tamiami Canal.  Mr. Bibeau provided the contact information for Mr. James Kohnstamm, Beacon Council.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Nelson Colon, interim project manager for the Miami River maintenance dredging project, stated the ACOE has awarded Dredging Acceptance Section (AS) 14, and is expecting to award the fully funded final AS 15 in the near future.  Mr. Colon noted the ACOE executed the amendment to the Memorandum of Agreement (MOA) with Miami-Dade County for the Miami River Maintenance Dredging, as well as an amendment to the Project Cooperation Agreement (PCA), which allows potential refund of the provided local advanced and contributed funds above the original local cost share amounts.  Mr. Jerry Scarborough, ACOE, confirmed receipt of two final payments, in the amounts of $7.29 million and $3 million, from the local project sponsors. Mr. Scarborough added the local project sponsors will have the benefit of seeking reimbursement for the extra funding they provided over the original local cost share, subject to future Congressional appropriations.

Mr. Brett Bibeau, MRC Managing Director, noted the local project sponsors had provided an extra $21 million over their original cost share to finish the grand total estimated $87 million Miami River Maintenance Dredging project before the current 5 year price and contract expire in April 2009.  Mr. Bibeau reported 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.  Mr. Bibeau explained if the Energy and Water Bill does not make it out of conference, a potential year long Continuing Resolution (CR) would provide the same amount of funding for the project as the current fiscal year ’08, $5.6 million, leaving the local project sponsors seeking the remaining balance $15.4 million refund from Congress in FY ‘10.  Miami-Dade Department of Environmental Resource Management (DERM) Director Carlos Espinosa stated DERM is recommending Miami-Dade County request $11 million in its Fiscal Year 2010 Legislative Package, since obtaining the potential remaining $15.4 million refund (assuming $5.6 million in FY ’09) in only one additional fiscal year does not seem feasible.

Mr. Bibeau asked if the new water quality parameters, which will apply while dredging east of the Brickell Bridge, have been finalized, and Mr. Scarborough replied no, since the ACOE is awaiting a final signature from the Florida Department of Environmental Protection (FDEP). Mr. Scarborough noted that the fully funded AS 15 is expected to be awarded next week, after the final FDEP signature is received on the new water quality parameters.  Chair Buermann asked whom from FDEP is signing off on the water quality permit modifications, and Mr. Scarborough replied a FDEP Bureau Chief is expected to sign the aforementioned document by Monday, August 25, since no comments were received on the advertised notices.

III. Update River Utility Crossings – Chairman Buermann asked for the status of remaining utility relocations within the final dredging acceptance sections, and Mr. Colon replied the ACOE is looking to pursue enforcement actions against utility companies whom have not complied with utility relocation requests.  Chair Buermann asked if the ACOE had identified which utilities “are currently in the way,” and Mr. Colon replied Mr. Donald “Chip” Nieman, ACOE, had emailed him an update regarding the names, locations and contact information for the companies whom have yet to relocate or confirm the depth of their utility lines crossing beneath the River’s federal navigable channel.  Per the request of Chair Buermann, Mr. Colon and Director Espinosa agreed to forward Mr. Neiman’s email to MRC staff, so that Mr. Bibeau may assist the ACOE in their effort to contact the utility companies.

Mr. Scarborough stated the ACOE regulatory office is in the process of preparing a strong letter, on behalf of Colonel Groskrueger, to all utility owners indicating their non-compliance with the ACOE permit and alerting them of consequences for preventing a federal navigation project from proceeding.  Mr. Scarborough noted obtaining the Colonel’s signature and sending out the letters today may be delayed, as their Jacksonville office is evacuating today at noon due to the impending arrival of Tropical Storm Fay.  Mr. Colon added the ACOE field officers had recently met with the ACOE’s Project Review Board (PRB) to address the regulatory agencies’ issuing of notices to put pressure on utility company owners to relocate their utilities, as an alternative to taking any enforcement or legal action.

Mr. Bibeau provided a brief historical perspective regarding ongoing utility issues, noting from 2000-2004 when the project commenced, the ACOE and local project sponsors had numerous meetings with utility representatives whom had submitted documentation to the ACOE in 2002 indicating their lines already were at the appropriate depth beneath the Federal navigable channel, or would be relocated to the appropriate depth before arrival of the dredging project.  Mr. Bibeau noted this agenda item has been on the Dredging subcommittee’s monthly agenda since 2002, and it was always reported that the utilities were being addressed and relocated in time at the utility companies cost, and to date a total of $55 million had been spent by the utility companies to relocate their lines before arrival of the dredge.  Mr. Bibeau distributed the following documents:

• January 10, 2001 Dredging Working Group meeting minutes: “Mr. Jerry Scarborough, ACOE, reported they have sent out numerous letters to utilities concerning electrical cables and pipelines crossing the river and have received most of the information they need. Jerry reported that FP &L would have to move their cable crossing at the Second Avenue Bridge.”  Mr. Bibeau reported that its his understanding the referenced FP & L cable crossing has yet to be relocated
• September 20, 2001 Dredging Working Group meeting minutes which references an upcoming October 2001 Miami River Dredging Project Utilities meeting hosted by the local project sponsor’s Miami-Dade County and the ACOE
• September 24, 2001 letter from Mr. Modesto Nunez, Miami-Dade County Utilities Coordinator, to Mr. Thomas S. Hodgdon, FP & L Relocations Coordinator
• March 4, 2002 Miami River Dredging Project Utilities Meeting sign-in sheet, featuring contact information for representatives attending on behalf of the various utility crossings of the Miami River

Mr. Ed Swakon, EAS Engineering, Inc., stated he had recently been contacted by Mr. Rene Perez, project manager for the Miami River maintenance dredging project, and a representative from the ACOE’s Office of Compliance, whom had requested information regarding utility crossings, given his former association with the Miami River.  Mr. Swakon stated based on his conversations with the ACOE representatives, the ACOE believes the utilities in question may have already been relocated, but the utility companies are yet to provide accurate “as-builts” to prove they are currently at the appropriate depth.  Mr. Espinosa stated according to Mr. Nieman’s email, the dredging contractors are having a difficult time obtaining the “as-builts” and receiving current information regarding utility relocations.  Mr. Swakon noted the contractors had recently been delegated the responsibility of coordinating utility relocations, and the ACOE’s Office of Regulatory Compliance has decided to assist in this effort by contacting the 13 utility companies to request that they provide their “as-builts” ASAP.  Chair Buermann stressed the importance of determining which utility companies have yet to relocate their utilities or provide their “as-builts”.  Director Espinosa offered Miami-Dade County’s assistance with this effort, noting verifications are needed from AT&T, FDOT, MDPW, WASD, FPL and Teco Gas. Chairman Buermann thanked Director Espinosa noting the dredging project’s benefits depend on 100% completion of the project, which requires no areas to be skipped over due to utilities which should already be at the appropriate and federally required depth beneath the federal navigable channel.

Mr. Bibeau stated that per his recent communications with the ACOE and the dredging contractors, two utility companies have risen to the top of the list of concern: Teco Gas and FP & L. Mr. Bibeau provided a brief overview of each company:

• Teco Gas: In 2002, the ACOE received letters from all the utility companies indicating that their utility crossings were either already out of the way or were making arrangements for their relocation prior to the dredgers’ arrival. Mr. Bibeau cited a 2002 ACOE document which stated, “Teco Gas to furnish survey to verify adequate depth… data shows trench at 18 feet…not sure exact depth…Teco will probably be able to shut line down during dredging.” Mr. Bibeau noted this data is consistent with Mr. Swakon’s recently reported utility crossings status. Mr. Bibeau asked if it would be possible to request that Teco Gas shut down their line during dredging, and Mr. Colon replied this effort would need to be coordinated with the local regulatory agencies.  Mr. Bibeau stated the dredgers have already skipped over the subject area of the Teco Gas line and left behind sediments which will hopefully be dredged after the ACOE dredging contractors receive confirmation from the TECO divers, which is expected next week.  Mr. Bibeau stated an opportunity to dredge the area on a second pass would be 3-4 weeks from now.
• FP & L: line still in the way, since 2002; still awaiting line location verification. According to a 2002 ACOE document, FP & L had indicated that the line relocation would commence during the first quarter of Fiscal Year 2003, but relocation was apparently never initiated. The line (permit #DA200203518) is located at the FP & L sub-station on the river’s north shore, near 2nd Avenue and east of I-95. If not removed prior to dredgers’ arrival, could result in leaving behind 1,400 cubic yards of contaminated sediments to be dredged in the near future by FPL and at FPL’s cost.

Mr. Bibeau stated the “first pass” of the Teco Gas site, whose depth has yet to be identified, has already occurred, therefore the dredgers were unable to dredge in the area of concern and forced to skip over the area and temporarily leave sediment behind.  The “second pass” will occur within the next three to four weeks.  Mr. Colon asked which Acceptance Section the Teco Gas line is located in, and Mr. Bibeau replied AS 12 or AS 13.  Mr. Bibeau noted Teco Gas had recently indicated to the ACOE and the contractors that they would obtain final verification of their line depth within one week.  Mr. Bibeau stated the “first pass” of the FP & L site, located in AS 13, will occur in the next few days.  Mr. Bibeau noted the contractors are currently dredging within AS 13.  Mr. Bibeau reported that FP & L is aware of the need to relocate their line, but has yet to disclose when relocation will be completed, and a dredging contractor stated FPL had not replied to his recent emails regarding their status. Chair Buermann asked whom the contractors had contacted at FP & L, and Mr. Bibeau replied they continue to reach out to Mr. Byron Sample.  Director Espinosa stated he would contact FP & L local administrators in an effort to resolve this issue.

Mr. Bibeau stated it was his understanding that as a “worst case scenario / plan B”, if the lines have not been relocated by the completion of the dredging project, the utility holder will be held responsible by the regulatory agencies to relocate the lines and dredge the remaining sediments left behind when skipping over the utility, at the utility companies cost and within a reasonable period of time.  Mr. Swakon noted that if the ACOE tries to impose a timeline upon the utility owner, it will result in an enforcement situation and subsequently a consent agreement, in which timelines are typically outlined. Director Espinosa pointed out this process can be fairly lengthy, and therefore recommended that the local regulatory agencies contact the utility companies directly to address this ongoing issue and request the “as-builts” be provided and any remaining lines be relocated in order for the ACOE dredgers to include these fully funded sections which are supposed to be dredged under the current ACOE contract.

Mr. Bibeau stated he appreciates the ACOE and Miami-Dade County’s continued efforts, but noted the contractor’s estimate they will be done dredging and the last scoop will come out of the Miami River in 76 days, therefore urged the utility companies to make immediate arrangements to relocate their lines in order for the ACOE dredgers to be able to dredge the entire area at this time with currently available funding for that purpose, prior to the dredgers final demobilization.  Mr. Bibeau stated the ACOE dredgers estimate of completion in 76 days is based on the following:

• Completing AS 12, AS 13, AS 14 and AS 15 in 55 days
• Completing AS 9 in 7 additional days
• Completing AS 10 in 14 additional days

Mr. Scarborough stated the presented estimated 76 day schedule maybe on the conservative side, and Mr. Scarborough thinks the contractors may claim the project has been completed in even less time.  Mr. Scarborough noted AS 7&8 have been accepted by the ACOE as completed, and the ACOE is currently reviewing the submitted post dredge surveys of AS 11 & 12.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Bibeau noted AS 11, the location of the NW 5th Street Bridge, has already been dredged in its entirety, and is therefore no longer an issue. Chair Buermann noted this item will be removed from future MRC dredging meeting agendas.
 
V. New Business – The DSC discussed the status of the Miami Circle seawall, which collapsed last summer into the federal navigable channel to the east of Brickell Bridge. Mr. Colon stated although the Dredge generally stays 10 feet away from a shoreline or structure, if the collapsed seawall remains in the federal navigable channel the ACOE will require their dredgers to stay further away, temporarily leaving behind sediment that would have been dredged under the contract if the seawall was intact.  Mr. Bibeau explained the State of Florida owns the historic Miami Circle, and its seawall removal and replacement process is currently being overseen by two departments: The Department of State (DOS)’s Division of Archaeological Resources, headed by Dr. Ryan Wheeler, and the Department of Management Services (DMS), headed by Secretary Linda South-working with Director Dean Izzo-whom are responsible for the Request for Proposal (RFP) and contract process on behalf of the Department of State, which is headed by Secretary Kurt Browning.  Mr. Scarborough stated the ACOE is considering a safe 25-foot setback from the Miami Circle’s collapsed seawall.  Mr. Scarborough added if the seawall is not replaced in time, the ACOE will require the State of Florida to dredge the remaining sediments which the ACOE dredging project was forced to leave behind due to the obstruction.

Mr. Bibeau deferred to Chair Buermann to provide an update of his personal efforts regarding the Miami Circle seawall. Chair Buermann reported the Governor’s Office had instructed Secretary South to hire a contractor for the fully permitted and funded removal and replacement of the Miami Circle collapsed seawall.  Chair Buermann added he had received notice that DMS had already mailed out the RFP and the bids will be opened August 21.  Chair Buermann stated it was his understanding that the issuance of the RFP, followed by the submittal and evaluation of bids, and executing a contract was a 30-day process, followed by an estimated 60 days to have the Miami Circle site’s collapsed seawall removed and the site sufficiently stabilized to allow dredging up to the normally contract requested 10 feet from the federal navigable channel.  Chair Buermann suggested the ACOE dredge east to the Miami Circle site, then return to finish AS 9-10, thereby leaving the end of AS 15 for the very end of the project in estimated 76 days.  Mr. Colon stated he would forward this possibility to the ACOE field office, and report back to the DSC.

Mr. Bibeau noted Secretary South had recently requested a realistic estimate in regards to the dredge’s arrival in AS 15.  Mr. Bibeau stated he had spoken to Mr. Nathan Gilbert, C.F. Bean, today whom had provided the following dredging timeline/estimate (taking into consideration the amount of in-situ rock that can not be removed and is therefore being left behind, as well as the dredger’s current rate of progress):

• Upon completion of dredging within AS 12, dredgers will move onto As 13, AS 14, and finish AS 15 respectively in 55 days and be done with AS 15 in estimated 55 days, Oct. 15
• Finish dredging AS 9 in 7 days, October 22
• Finish dredging AS 10 in 14 days, November 5

Therefore Chairman Buermann noted although under the State’s current timeline for removing the collapsed seawall will be after the first time the dredgers are estimated to arrive at the site, it remains feasible for the ST to remove the obstruction and complete a sufficient component of the project before the dredgers final demobilization, therefore allowing the dredgers to return around October 15 to dredge the sediment they will be forced to leave behind.

Mr. Scarborough explained that although the dredging contract expires in April 2009, the local project sponsors and ACOE can not hold the contractor upon their completion of the project without incurring additional stand-by costs of estimated $100,000 per day.

The MRC Dredging subcommittee confirmed their next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for September 17, 2008, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL.  

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, introduced Mr. Nelson Colon, whom is serving as the acting project manager for the Miami River maintenance dredging project. Mr. Colon stated the ACOE has awarded all Dredging Acceptance Sections, and the water quality certificate/permit modification for AS 15 is currently in place.  Mr. Colon added the dredging contractor is working at a good pace, and is expected to complete the project on schedule. 

Mr. Colon noted the ACOE executed the amendment to the Memorandum of Agreement (MOA) with Miami-Dade County for the Miami River Maintenance Dredging, as well as an amendment to the Project Cooperation Agreement (PCA), which allows potential refund of the provided local advanced funding above the original local cost share amounts.  Mr. Bibeau noted the local project sponsors had provided an extra $21 million ($15 million from the State, $3 million from the South Florida Water Management District and $3 million from the Florida Inland Navigation District) over their original cost share to finish the grand total estimated $88 million Miami River Maintenance Dredging project before the current 5 year price and contract expire in April 2009. Mr. Bibeau asked if this funding, as part of the amended PCA, would be refunded subject to future congressional appropriations, and Mr. Colon replied he believed that the only funds subject for reimbursement, under amendment three to the PCA, are the last $10.3 million provided by the local project sponsors.  Mr. Perez noted the local project sponsors could obtain the remaining money (of the $21 million) via a Congressional ad, as long as language was provided directing reimbursement.  Ms. Bustamante asked who on the local level was currently pursuing this option, and Miami-Dade Department of Environmental Resource Management (DERM) Director Carlos Espinosa stated DERM is recommending Miami-Dade County request $11 million in its Federal Fiscal Year 2010 Legislative Package, since obtaining the potential remaining $15.4 million refund (assuming $5.6 million in FY ’09) in only one additional fiscal year does not seem feasible. Mr. Bibeau explained 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.  Mr. Bibeau explained if the Energy and Water Bill does not make it out of conference, a potential year long Continuing Resolution (CR) would provide the same amount of funding for the project as the current fiscal year ’08, $5.6 million, leaving the local project sponsors seeking the remaining balance $15.4 million refund from Congress in FY ’10 (which commences in September 2009).  

Mr. Bibeau provided the following funding scenario:

• local project sponsors provided an extra $21 million for the project-Fiscal Year 2009 $5.6 million=$15.4 million
• County will request $11 million in Fiscal Year 2010; If receive all $11 million, then the total project costs($15.4 million-$11 million) becomes $4.4 million, which he noted could potentially be obtained via a reimbursement in Fiscal Year 2011

Mr. Colon stated per the request of a property owner and Miami-Dade County, “bank to bank” dredging in front of Big Fish restaurant, located on the river’s south shore just west of the South Miami Avenue Bridge, although originally omitted from the contract due to County’s not receiving a signed consent form, was now being included as a minor field modification.  Subsequently, Mr. Colon noted the ACOE received a request from Miami-Dade County after they just again asked for and received consent forms from two additional riverfront property owners, to conduct bank to bank dredging although not included in the original contract.  Mr. Colon noted the ACOE Contracting Officer determined that the Big Fish minor field modification was done in error, and since the bank to bank quantities were not included in the original contract they were out of the project’s scope of services, and could not be dredged under the federal contract.  Mr. Bibeau noted these properties are not located in the federal navigable channel and the entire federal navigable channel in the subject area is currently being dredged. Mr. Bibeau explained that, within the subject location, there is approximately 30 feet between the channel and the shoreline, and the Dredge generally stays 10 feet away from a shoreline or structure. Mr. Bibeau stated DERM had requested his assistance in obtaining consent forms from these property owners to allow dredging up to 10 feet away from their shoreline. Mr. Bibeau stated DERM had received these consent letters, which he noted have now generated a level of expectation from the property owners that their area will be dredged. Mr. Bibeau added a similar process had been executed for the owners of Big Fish.  Mr. Bibeau stated he had forwarded to the county an email he had received from the dredgers, in which they estimated that the area to be dredged would be no more than 7,000 cubic yards. Mr. Bibeau stated the e-mail indicates the dredgers would charge $125 per cubic yard, so if 100% of the 7,000 cubic yards are dredged, then the price would be $850,000. Mr. Bibeau stated he is expecting to receive a follow-up email from the dredgers containing the actual amount of sediments that would be expected maybe dredged from the two subject properties which may only be 3,000 cubic yards due to institute rock, per estimates produced by Ancil Taylor and Jerry Scarborogh’s, ACOE. Based on the 3,000 cubic yard estimate, Mr. Bibeau noted the price would drop to $375,000, and recommended the County consider seizing the opportunity to dredge these areas, which could potentially be refunded by the ACOE when the leftover funds from left behind in-situ rock is refunded to the County by the ACOE.  Director Espinosa reported Miami-Dade County had attempted-on multiple occasions- to obtain as many signed consent forms as possible from Miami River waterfront property owners prior to the commencement of the dredging project.  Director Espinosa stated that since the aforementioned properties are located outside of the federal navigable channel, dredging within those areas would become an additional local cost, since all of the funds for the dredging project have already been provided to the ACOE.

Ms. Bustamante asked if the ACOE could issue an amendment to the current contract to include funding to dredge these subject areas, and Mr. Perez replied no, since these areas are considered outside of the scope of services, and any amendments to include these areas in the contract would require a re-solicitation process. Ms. Bustamante asked if the ACOE could issue an emergency contract, and Mr. Perez replied that emergency contracts are generally issued solely during emergency situations, such as hurricanes. Ms. Bustamante stated that, when taking into consideration the best interests of the area, it would seem logical and beneficial to dredge these properties.

Mr. Bibeau stated Chair Buermann had directed him to ask the following questions and provide the following clarifications:

• The ACOE has millions of dollars more than what has been obligated to date and provided by the locals to the ACOE. All the money has been awarded and obligated through AS 15, but the change orders have yet to be either accepted or denied. There is also money left-over (in the range of over a million) as a result of insitu rock that could not be dredged, and the quantity left behind has a dollar value associated to it. As a result, is it possible for just $500,000 to be returned to the locals to execute a side contract in order for bank to bank dredging outside of the federal navigable channel to occur at the aforementioned two parcels? Mr. Perez stated that, based on prior experience, any potential refunds would not be provided by the ACAOE to the locals until the “close-out” of the contract.  Mr. Colon stated he would explore this option with the ACOE.
• The owners that were recently asked by the county to sign the consent forms were not the owners of those two properties when the County sent them the consent form in 2003. Director Espinosa replied he was aware of this.

Mr. Bibeau noted item II, “Status of “Bank to Bank” Maintenance Dredging Project & Funding” has been on every DSC monthly meeting agenda, and stated that from the time when the dredging contract was executed in 2004 up until today, the DERM nor ACOE reps which attend the monthly meeting never indicated to the Miami River Commission that there would not be “bank-to-bank” dredging on these two parcels unless the property owners sign a consent form, which if signed in 2004 would have allowed the ACOE enough time to make an amendment to the original contract, or, as discussed today, having the locals initiate a side contract to dredge within those areas. Mr. Bibeau stated that he had brought the subject parcels to the attention of the county over one month ago after he was first informed by the dredging contractors that they had been omitted from the dredging footprint, and offered his assistance, in obtaining signed consent forms from the property owners. Mr. Bibeau noted that two weeks later, Director Espinosa called him and asked for assistance in reaching out to the property owners in order to obtain consent forms, with the understanding that their property would be dredged up to 10 feet away from the shoreline. Mr. Bibeau noted the consent forms were provided to the county less than 24 hours from the time Director Espinosa asked for the MRC’s assistance.

Mr. Bibeau asked if there was anyway for the locals to expedite a contract to hire the current contractors (Weston Solutions/Bean Environmental) to dredge the aforementioned parcels.  Mr. Perez stated that originally, all the Miami River’s parcels had been included in the dredging contract, but as time went on, these parcels were deleted from the scope since a consent form had not been obtained prior to the bid opening.  Ms. Marina Blanco-Pape, DERM, added that when the county had issued a Class I permit, they had names and addresses on file of every single parcel (since 2003) that had provided the signed consent form.  Since then the Class I permit was amended to include the two parcels for which DEM had recently asked for and received consent forms for bank to bank dredging.

Ms. Bustamante stated the county does not have any money allocated to dredge the two subject parcels, and is in the midst of finalizing its FY 2009 budget. Mr. Bibeau noted the county’s final budget hearing is tomorrow, and asked if he could explore the idea/possibility with elected officials to request the estimated $375,000 in the FY 2009 budget to execute a side contract in order to dredge the two parcels, and Ms. Bustamante replied that Mr. Bibeau, as a representative of an organization, has the free will to address any and all topics with elected officials. Mr. Espinosa stated that, upon request, he would provide elected officials with all the facts and background information regarding the two parcels, as funding for this project is a decision to be made solely by the Board of County Commissioners. Mr. Espinosa stated he would express, however, to the Board of County Commissioners that any funding provided to execute a dredging contract for these properties is not guaranteed to be reimbursed or recovered.  

III. Update River Utility Crossings – Mr. Colon provided the following status of remaining utility relocations within the final dredging acceptance sections:

• Teco Gas: not entirely certain of status; have been talking to the field; at first, showed some resistance to removing or relocating their lines; have offered to install a valve and “purge” while the dredge is working; Mr. Bibeau noted the depth of the line is 18 feet, one foot below the maximum potential over-dredge of 17 feet, but is not the ACOE’s required 21 feet. Mr. Colon will touch base with the contractor and report additional information at the next meeting.  Currently the dredgers were forced to skip over the Teco gas line, leaving behind sediment in the federal navigable channel because the Teco gas line is not at the ACOE required depth beneath the federal navigable channel.  If the line is valved and purged before the dredging project’s completion, then it will be possible for the dredgers to return to the skipped over area above the Teco gas line and dredge out any left behind material
• FP&L: ACOE conducting weekly teleconferences with FP & L; all of FP & L’s relocations and removals will be completed by the end of the week. Have located/identified pipes and abandoned lines and have scheduled “shut downs.” Conference call scheduled for next week to confirm completion; the contractors will return to dredge this skipped over area.

IV. New Business – The DSC discussed the status of the Miami Circle seawall, which collapsed last summer into the federal navigable channel to the east of Brickell Bridge. Mr. Colon stated the ACOE had been notified yesterday that the removal of the fallen slabs of the Miami Circle seawall was completed, before the contractors’ arrival at the site. Mr. Colon stated the ACOE made a determination to maintain the additional 30-foot setback from the seawall, instead of the standard 10 feet away, in order to avoid any potential further collapse or adverse effects to the property.  Mr. Colon added the site was listed in the National Register of Historic Places, and it is currently under evaluation to be designated a National Landmark. Mr. Colon added that a decision to designate the Miami Circle a national landmark would be made by the end of October, which he noted could change the significance of any determinations made regarding the site. Although the slabs have been removed, Mr. Colon noted the ACOE is therefore still contemplating enforcing the 30-foot setback in an effort to protect the historic site.

Mr. Colon noted the SHPO, State Historic Preservation Officer, had recently issued a “Hold Harmless Letter” to the ACOE indicating that should there be any further collapse of the seawall due to dredging within 10-feet of the site, there would not be any additional impacts to the historic property because the seawall and upland site are composed of fill material.  According to the National Historic Preservation Act, the SHPO can issue an opinion through a “Hold Harmless Letter” regarding potential impacts to the site, yet only the ACOE, as the proponent agency, can make a determination regarding dredging adjacent to the Miami Circle. Mr. Colon added these determinations are made after examining best available archaeological data. Mr. Colon stated that as of yesterday, the ACOE archaeologist had noted he would be willing to consider a new determination once he has obtained all the necessary data.
 
Mr. Bibeau noted ACOE Colonel Grosskruger had sent a letter in November 2007 to the State, requesting removal of the collapsed seawall/obstruction from the federal navigable channel at the Miami Circle site. Mr. Bibeau stated the letter only requested that the State remove the collapsed seawall out of the federal navigable channel and did not require a new seawall be completed before the dredgers would be allowed to dredge the standard 10 feet away from the shoreline.  Mr. Bibeau noted on the Miami Circle site the shoreline is the federal navigable channel, therefore any skipped over sediments in the potential 30 foot buffer from the site would be left in the federal navigable channel.  Mr. Bibeau stated it was his understanding that if the ACOE is forced to leave behind any sediment in the federal navigable channel due to the poor condition of the Miami Circle seawall, the ACOE and US Coast Guard would require the ST of Florida to dredge any left behind sediment out of the channel as they replace the Miami Circle seawall.  Mr. Bibeau stated the ST has fully funded and permitted and contracted for the $1.8 million replacement of the Miami Circle seawall, which is scheduled to commence immediately following completion of dredging east of the Brickell Bridge.  Mr. Bibeau noted therefore that if dredging is allowed to be conducted the standard 10 feet away from the shoreline, no additional shoaling may occur, but if shoaling does occur it would be immediately addressed by the ST’s seawall replacement contractor.

Mr. Bibeau provided the following September 16, 2008 email he had written to Mr. Jerry Scarborough, ACOE, to Mr. Nelson and Mr. Perez regarding the Miami Circle shoreline:

“Per our conversation this afternoon regarding dredging adjacent to the Miami Circle, you requested information regarding the fact that the Miami Circle’s current shoreline is actually river sediment from previous dredging projects (in addition to Brickell Key, formerly known as Claughton and Burlingame Island, and the mouth of the River on the north shore as well), therefore the shoreline area of the Miami Circle site, formerly known as “Brickell Point”, does not have artifacts and historic midden.  “The Miami River and its Tributaries” a historic book by Don Gaby states, “We should note that from the earliest development of the City of Miami, private citizens, both residents and business people, freely dug boat slips and altered the shorelines by a great deal of filling and cutting….These changes are too numerous to note and individually not large, but taken together they constitute major alterations to both shores for much of the river’s length, especially in the downtown area.  In 1916 the shoreline (originally) southward of Brickell Point (known today as the Miami Circle at Brickell Point) was straightened and filled…After Miami Canal’s opening in March 1912 – that state project began in 1909 from the river near NW 24 Court – a massive flow of water from the Everglades lasted for three weeks as the water levels there dropped…Sediment from the canal, consisting of Everglades muck and finely ground stone from the dredging, silted the downstream portions of the river sufficiently to block the entry of large commercial vessels.  The lower portion of the river was dredged to remove this silt in August 1912, then again in 1913 and 1914.  Much of this material went to fill parts of the river’s borders, plus Brickell Point (known today as the Miami Circle at Brickell Point), and to start a spoil island (known today as Brickell Key) just off the mouth of the river south of the navigable channel.”  In addition the book includes an 1849 United States Coast Guard survey clearly depicting the original mouth of the Miami River was much wider before the River sediment was placed in the early 1900’s on the north and south shores, making the mouth its narrower current width.
When the Department of State’s Miami Circle Planning Committee, which I was appointed to serve on, was studying the future of this special ancient site, the Native American Community strongly opposed any construction or concrete covering any of the original 2000 year old Miami Circle / Brickell Point site, yet agreed to have a 20 foot wide publicly accessible riverwalk on the site only because everyone understood that from the site’s seawall to 20 feet into the upland was river sediment placed there in the early 1900’s as explained in Mr. Gaby’s book, and was therefore not part of the original site which has the ancient historic artifacts, midden and spiritual importance.   Most likely the Miami Circle stone was directly on the shoreline 2,000 years ago, and the 20-30 feet on the site today between the Miami Circle stone and the shoreline is sediment added to the site’s original shoreline from dredging projects conducted by the State of Florida in the early 1900’s, when today’s Army Corps of Engineers was known as the “War Department”.
I hope this information is helpful in achieving our mutual goal of completing dredging within the mouth of the Federal Navigable Channel.”

Mr. Perez stated the ACOE believes since the 30 foot buffer is on the upland side of the Brickell Bridge fender system, which effectively narrows the Federal Navigable Channel from 150 to 120 feet wide, leaving behind the additional sediment will not create an obstruction or hazard to navigation.  Mr. Perez added in time nature would push any left behind sediments out.  Mr. Perez stated the ACOE would have preferred dredging only 10 feet away from the Miami Circle, yet the ST’s inability to replace the seawall before the dredgers finish the project is forcing the ACOE to establish the larger 30 feet setback from the remaining seawall which is in poor condition.  The DSC agreed to continue discussions and further review the proposed additional 30-foot-dredging setback from the Miami Circle seawall.

Mr. Bibeau stated the MRC is trying to assist coordinating a special ceremony/press conference on Wednesday, October 15, at the One Miami riverwalk, in celebration of the “last scoop” of the Miami River Maintenance Dredging project, and thanking the local, state and federal project sponsors. Mr. Bibeau noted that additional details would be made available soon.

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 thanked the teamwork of the local project funding sponsors-Congress, State of Florida, South Florida Water Management District (SFWMD), the Florida Inland Navigation District (FIND), Miami-Dade County & the City of Miami-whom made the goal to complete the Miami River Maintenance Dredging and Environmental clean-up project reach a successful completion.  Mr. Colon stated the dredging project has been completed therefore the contractor has commenced the final demobilization process, cleaning of barges, and breaking down Boskalis’ sediment processing plant.  Mr. Colon stated the post dredge surveys have been completed and accepted by the ACOE.  DERM Director Espinosa asked for the expected completion of the financial closure process, and Mr. Colon replied that all project claims are pending finalization, but hoped to have this process completed by the end of this fiscal year and the ACOE is trying to expedite it.  Mr. Carlos Espinosa, Director of the Miami-Dade Department of Environmental Resources Management (DERM), asked for the current claims amount, and Mr. Colon replied he would forward that information by the end of the week. Ms. Marina Blanco-Pape, DERM, stated she believed there was currently $9 million of munitions-related claims.  Mr. Evan Skornick, SFWMD, asked when was the end of the ACOE’s fiscal year, and Mr. Colon replied September 30, 2009. Mr. Colon noted the ACOE has yet to receive funding for the project which is expected for the current fiscal year which commenced October 1, 2008.

Mr. Bibeau stated Chair Eric Buermann had directed him to begin the process of seeking the potential yet non-guaranteed reimbursements for the local project sponsors whom had provided an extra $21 million over their originally pledged cost share amounts, to cover the pledged federal cost share shortfall in order to finish the grand total estimated $89 million Miami River Maintenance Dredging project.  Mr. Bibeau noted staff had distributed the graph, “Miami River Maintenance Dredging & Environmental Clean-Up Project’s Additional Appropriated Local Contributed Funding” at the July 16, 2008 DSC meeting, which detailed 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.  Mr. Bibeau 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 and allow potential overdepth of 17-foot-deep, yet he believed the actual amount of cubic yards removed was an estimated 600,000 because and not all sections were dredged up to the maximum 17 foot over depth. Mr. Bibeau asked Mr. Colon to provide the actual number of sediments removed, and Mr. Colon replied he would forward that information once it is received from the field office.  Mr. Bibeau explained 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 which could potentially be applied towards reimbursement of the aforementioned local project sponsors extra contributed funding.  Mr. Bibeau explained 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.  Mr. Bibeau noted that if the Energy and Water Bill does not make it out of conference, a potential year long Continuing Resolution (CR) would provide the same amount of funding for the project as the previous fiscal year ’08 ($5.6 million), leaving the local project sponsors seeking the remaining balance $15.4 million refund from the estimated left over funds and an additional Congressional FY ’10 appropriation (which commences in September 2009). Mr. Bibeau stated Miami-Dade County had adopted its Federal Fiscal Year 2010 Legislative Package, which includes an $11 million request for the Miami River, and Director Espinosa confirmed this information. Mr. Bibeau asked Mr. Colon if the ACOE will submit a budget request for the project in FY ’10, and Mr. Colon replied yes.  Director Espinosa added the County had executed an amendment to the Project Cooperation Agreement (PCA) with the ACOE which allows the potential refund of the provided local contributed funding above the original local cost share amounts, up to $10 million, subject to federal appropriations.  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 noted the ACOE and County had executed two prior agreements as far back as 2005 in order to allow the concept of the locals covering the federal cost share shortfall in order to complete the project under the original 5 year contract and price.  Therefore Mr. Bibeau asked why the third version limited the potential refund to $10.3 million.  Mr. Espinosa noted this agreement is not retroactive and therefore could not be applied towards monies already utilized by the ACOE. Director Espinosa added that legislative language needed to be provided allowing the ACOE to reimburse the county for any monies beyond the $10 million. Mr. Bibeau asked if the agreement could be amended to increase the potential reimbursement amount to the actual $21 million amount, and Director Espinosa replied the ACOE had indicated this could not be done, and he presumed it would take multiple appropriation cycles to recover the full $21 million. Mr. Bibeau stated he and Chair Buermann will continue attempting to recover all $21 million of the local project sponsor’s extra contributed funding.  Mr. Bibeau asked for a copy of the three 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.

Mr. Bibeau suggested first any incoming refunds up to $21 million should be split between the three agencies which provided the extra $21 million above their original pledged cost shares, based on the percentages of the provided extra funding, ST 71.4%, FIND 14.3% and SFWMD 14.3 %.  If more than $21 million is recaptured than the remaining cost share partners which did not provide extra funding maybe provided partial refunds based on percentages of the project funding which they provided.  Director Espinosa stated DERM will look into the individual agreements which may have text regarding this issue and then work with the DSC to develop an allowable and fair formula to determine which entities will be reimbursed and to what extent, yet urged that any leftover funding firstly be applied to close out any generated claims-unless Congress provides language directing it to be used for reimbursement to the locals of the remaining federal cost share balance.  Mr. Bibeau stated he recalled the City agreement had a maximum pledged cost share of $6 million, and the actual amount provided to the project was only $2.9 million.

Mr. Hooper asked if the entire federal navigable channel had been dredged to 15 feet, and Mr. Colon replied that the overwhelming majority of the river had been dredged to its designated depth of 15 feet, with some portions of allowable over depth up to 17 feet deep, yet would confirm this information via field surveys. Mr. Colon noted the contract didn’t allow for dredging of insitu rock, only lose sediments, etc.  Mr. Hooper asked if and when it would be disclosed if some small spots were not dredged to the minimum 15 feet, and Mr. Colon replied that charts/surveys detailing this information have already been distributed to both the Coast Guard and NOAA to rechart the actual depths pf the channel.  Mr. Bibeau asked if the ACOE could provide copies of these charts to DERM and the MRC, and Mr. Colon replied yes. Mr. Skornick asked Mr. Colon to forward him copies of the dredging acceptance section letters so that the SFWMD could begin the process of closing out its contract with Miami-Dade County, and Mr. Colon agreed to forward him that information. Mr. Bibeau asked Ms. Blanco-Pape if she could forward the letters to the MRC once they are received from the SFWMD, and she replied yes.

III. New Business - Mr. Bibeau stated the City of Miami had contracted the BG Group to demolish the historic East Coast Fisheries which had no riverfront building setback at 40 SW North River Drive, yet noted that several witnesses had reported and videotaped portions of the structure falling into the Miami River during the demolition process. Mr. Bibeau asked Dir. Espinosa if DERM was aware of this occurrence, and Espinosa replied yes. Mr. Bibeau asked if DERM could provide any information regarding the status of removing the portions of the historic structure which fell in the federal navigable waterway, and Director Espinosa replied he would look into the matter.

Director Espinosa suggested that the DSC consider conducting future dredging meetings via conference call-rather than reporting each month in person to the SFWMD service center-in order to allow the ACOE enough time for the financial closure process to take its course (i.e. close out any claims).  In the meantime, Dir. Espinosa noted the DSC could receive project updates via email from the ACOE.  Mr. Bibeau stated that, unless otherwise directed by Chair Buermann, the DSC will continue its standard operating procedure of hosting monthly public meetings in order to develop a game plan for potential reimbursement, achieve the mutual effort of obtaining and providing updates, and address any additional issues/concerns. Mr. Espinosa reported that DERM will not be attending future meetings in person and will only participate via conference call, and Mr. Bibeau replied his decision was understandable considering DERM’s role is decreasing now that the actual dredging work is completed, yet he hoped the County’s Dept of Intergovernmental Affairs will attend future meetings in order to coordinate and strategize mutual efforts to obtain potential federal cost share reimbursements to the local project sponsors and future federal appropriations for that purpose.

As the next regularly scheduled third Wednesday of the month publicly noticed DSC meeting falls on Wednesday, December 17-in close proximity to the holiday season-Mr. Bibeau suggested that the DSC take the month of December off and reconvene its next meeting on Wednesday, January 21, 2009, 10 am, SFWMD Miami Office, 2121 SW 3rd Avenue.