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DREDGING COMMITTEE MINUTES:
Minutes of meeting
10:00 AM
(THIS IS A PUBLIC DOCUMENT)
The Miami River Commission's (MRC) Dredging Working Group met on Wednesday, August 15, 2007 , 10 AM , at the United Way Executive Conference Room, 3250 SW 3 rd Avenue . The Dredging Subcommittee reviewed and approved the July 18, 2007 meeting minutes. Mr. Bibeau stated Chair Buermann was unable to attend the meeting
I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding –Mr. Rene Perez, Army Corps of Engineers (ACOE) reported that ACOE JAX Colonel Grosskruger provided the final required signature to fully execute the Project Cooperation Agreement (PCA) Amendment on August 14, 2007, and he had provided two executed copies to DERM. Mr. Brett Bibeau, MRC Managing Director, thanked the ACOE and Miami-Dade County , and distributed copies of the final “Project Cooperation Agreement Amendment No. 1 Between the Department of the Army and Miami-Dade County , Florida for Construction and Operation of a Dredged Material Management Facility at the Miami River , Florida Federal Navigation Project.” MRC staff distributed copies of the “Elected Representative Appropriations vs. Paperwork and Signatures August 15, 2007,” which features a status update of agreements (paperwork) which needs to be fully executed ASAP in order to use the currently available funding and avoid an additional demobilization only a couple of months after dredging recommences. Mr. Bibeau noted the distributed document states:
“The PCA Amendment defines “accelerated funds” as “the non-federal sponsor may propose to accelerate its provision of funds to the Government in an amount not to exceed the current estimate of the non-federal sponsor's required cash contribution” (pg 1) . The PCA Amendment defines “non-required contributed funds” as “the non-federal sponsor may offer to contribute funds to the Government in an amount that exceeds the current estimate of the non-federal of the non-federal sponsors required cash contribution” Upon full execution, the PCA Amendment requires the following additional steps before the currently appropriated and available $28 million in “accelerated funds” and “non-required contributed funds” may be expended to continue the 40% Miami River maintenance dredging project:
1. Required written documents from the non-federal sponsor, Miami-Dade County , to the Army Corps of Engineers (ACOE)
A. The local project sponsor ( Miami-Dade County ) to offer accelerated funds to the ACOE in writing. PCA Amendment M (pg 2) states, “The Non-Federal Sponsor may offer in writing to accelerate a portion or all of its required cash contribution…limited to an amount that does not exceed the most current estimate of the total of the non-federal sponsor's required cash contribution”
B. The local project sponsor ( Miami-Dade County ) to offer non-required contributed funds” to the ACOE in writing. PCA Amendment M (pg 2) states, “The Non-Federal Sponsor may offer in writing to accelerate a portion or all of its required cash contribution…limited to an amount that does not exceed the most current estimate of the total of the non-federal sponsor's required cash contribution”
2) ACOE obtaining “approvals and concurrences as customarily are required to accept” Miami-Dade County 's aforementioned written offers to provide accelerated funds and non-required contributed funds.
A. PCA Amendment M. (pg 2) states, “Upon receipt of such offers or offers, the Government, subject to receiving such approvals and concurrences as customarily are required to accept such funds.”
B. PCA Amendment O. (pg 3) states, “Upon receipt of such offers or offers, the Government, subject to receiving such approvals and concurrences as customarily are required to accept such non required contributed funds”
3) Required written documents from the ACOE to Miami-Dade County , formally accepting the aforementioned County's written offers of accelerated funds and non-required contributed funds.
A. PCA Amendment M. (pg 2) states, “If the Government elects to accept such funds (accelerated funds), it shall notify the Non-Federal Sponsor of such acceptance in writing”
B. PCA Amendment O. (pg 3) states, “If the Government elects to accept such funds (non-required contributed funds), it shall notify the Non-Federal Sponsor of such acceptance in writing”
Mr. Perez noted he would inquire regarding the status and extent of the “ACOE obtaining approvals and concurrences as customarily are required to accept such funds” and report his findings to the DSC. Mr. Espinosa stated the additional paperwork are minor transmittals which will not take long to execute. Mr. Bibeau asked if the County's previously approved Local Advanced Funds Agreement and Contributed Funds Agreement still need to be executed by the ACOE, considering the PCA Amendment has been fully executed. Mr. Espinosa and Mr. Perez stated although the PCA Amendment is the only agreement required to use the “accelerated funds” and “non-required contributed funds” the ACOE and DERM are continuing to discuss the potential of executing the Local Advanced Funds Agreement as well.
Mr. Bibeau distributed and reviewed the following additional river dredging related documents:
- “Miami River Maintenance Dredging completion estimated timeline as of July 18, 2007 , subject to change, based on an estimate of 1,400 cubic yards per day, prepared by the Miami River Commission”
- updated July 18, 2007 project funding summary, incorporating the revisions requested during the Dredging subcommittee's June meeting
Mr. Bibeau noted the distributed project completion estimated timeline indicates a projected potential $9-12 million shortfall in the federal cost balance due to finish the project when the 5 year contract expires in April 2009. The dredging subcommittee noted the current federal funding shortfall is $16.5 million, and since the contract requires all funding for final acceptance section awards be secured by September 30, 2008 , FY '08 is the final fiscal year under the current 5 year contract and price. Mr. Bibeau reported the President's FY '08 (starts October 1, 2007 ) budget submittal includes a $4.5 million line item for the project, while the Senate's Energy and Water Bill contains a record high $7.5 million line item. Therefore, Mr. Bibeau restated the MRC's recommendation for the local cost share partners to secure the remaining $9 - $12 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price.
Mr. Bibeau noted that during the DSC July 18, 2007 meeting, Mr. Buermann had suggested that the County request $5 million from the Legislature during their 2008 session, which is the same amount the Legislature appropriated towards the project's federal cost share during the 2007 session, when the County was requesting $13 million. Chair Buermann also requested an additional $3 million from the South Florida Water Management District in their FY '08 budget, suggested that the SFWMD apply for $3 million from FIND for FY '08, and directed MRC staff to advocate for the County and City to appropriate $3 million each. The dredging subcommittee noted although their is no guarantee the federal government will refund any additional contributed funds appropriated from the locals to cover the shortfall to the pledged federal cost share, a refund will be sought in future federal fiscal year appropriations after the project has hopefully been completed. Mr. Skornick noted that if the SFWMD's $3 million FIND grant application, due by April 2008, is awarded, funding would become available on October 1, 2008 , the day after the dredging contracts September 30, 2008 deadline to receive funding in order to award the projects final acceptance sections. Mr. Bibeau noted Chair Buermann had expressed his support of the SFWMD providing a bridge loan which would be refunded if FIND awards the final $3 million grant.
Mr. Bibeau noted he received a general e-mail from the Honorable State Representative Tom Saunders, whom is currently trying to include Community Based Initiative Requests (CBIRs) in the Honorable Governor's FY '08 budget recommendation, which will be submitted to the Legislature in October 2007 and then acted upon during the 2008 legislative session. Bibeau asked Mr. Espinosa if the County has endorsed requesting $5 million from the Legislature during their 2008 session, and Mr. Espinosa replied DERM had recently submitted a $10 million State request recommendation to the County's Dept. of Intergovernmental Affairs. Mr. Espinosa noted since DERM is recommending requesting $10 million from the Legislature during the 2008 Legislative session, which starts in Spring of 2008, DERM is not recommending the County appropriate an additional $3 million in their FY '08 budget, which will be adopted by the Board of County Commissioners in September 2007. Mr. Espinosa explained the FL Legislature's mandated tax reductions have resulted in a major reduction between the County's FY '07 and proposed FY '08 budgets, which will in part result in cutting over a thousand County employees, therefore there is insufficient available County funding to appropriate an additional $3 million as a line item in their FY '08 budget towards the federal cost share balance due, with no guarantee of future reimbursement by Congress. Mr. Bibeau asked if the Board of County Commissioners is scheduled to consider adopting their ST Legislative Package, including the Miami River Maintenance Dredging project's FY '08 budget request, prior to the FY '08 budget submittal in October 2007, in order to be able to advocate for the funding's inclusion in the budget. Mr. Espinosa suggested Mr. Bibeau contact Mr. Joe Rasco, Miami-Dade Intergovernmental Affairs.
Mr. Bibeau asked for the status of DERM's application to the Department of Commerce's Economic Development Administration (EDA) federal grant opportunity, again provided by MRC staff at the DSC June 22 meeting, to potentially fund up to $4 million for the dredging project. Ms. Marina Blanco -Pape replied DERM staff had researched the federal grant opportunity and noted there are some prohibitions against using multiple federal funding sources for the same project. Mr. Perez asked Ms. Ashley Chase, MRC Assistant Managing Director, to forward him the potential EDA federal grant application for the ACOE Jacksonville District's Attorney, John Pax, to review and verify if the grant is applied to by the County and awarded by the EDA, could the awarded federal grant funding be used towards “non-required contributed funds” for the Miami River maintenance dredging project.
Mr. Bibeau noted that on May 24, 2007 , the ACOE awarded dredging in the project's acceptance sections 7 & 8, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY '07 CR. Mr. Perez stated the contract allows 60 days for the contractors to remobilize and continue dredging, which expires on July 24, 2007 . Mr. Perez noted he had previously reported that the contractors had met with ACOE representatives regarding their request for a 120-day extension to the 60 days provided in the contract for their remobilization, partially based on the 8 week timeline for the Boskalis sediment processing plant to return from Belgium and to resolve a seawall-related issue at the AME Shipping property the contractors lease as an additional sediment processing area. Mr. Perez noted that, per the request of ACOE representatives, the contractors have submitted additional information. Mr. Perez added that once the additional information has been reviewed, the ACOE will render a decision regarding the contractors' request to extend the 60 days the contract currently allows from award of the acceptance section to recommence dredging.
The DSC agreed to work on accomplishing the following items within the next 30-60 days, and prior to the dredging subcommittee's October 17 meeting:
- Obtaining all written notifications required in the executed PCA Amendment
- Transfer all cost share partners available appropriated funding to the ACOE in order to award dredging within additional acceptance sections
- ACOE utilize all available appropriated funds to award as many additional acceptance sections possible
III. & IV. Update River Utility Crossings and Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez noted there were no utility issues to report at this time, according to Ms. Pat Hanson, ACOE Construction Division. The DSC welcomed U.S. Coast Guard representative Lt. Chaning Burgess. Lt. Burgess noted the U.S. Coast Guard district staff had recently received a letter from Mr. John Palenchar, The Florida Department of Transportation, whom had indicated that the 8 piles left behind by FDOT within the dredging prism of the NW 5 th Street Bridge would be removed commencing in June 2008 - December 2008, when construction of the new NW 5 th Street Bridge starts, which is located with the dredging project's Acceptance Section 11. The DSC noted that according to the distributed dredging project estimated timeline, February 9, 2008 is the earliest potential date when dredging may commence within Acceptance Section 11, which includes the vicinity of the NW 5 th Street Bridge. Mr. Perez noted the ACOE had informed the FDOT that they were not in compliance with the ACOE NW 5 ST Bridge replacement permit, and reminded them that it was FDOT's responsibility to remove the piles to a depth of 21 feet Mean Low Water (MLW). Dr. Fran Bohnsack, Miami River Marine Group, asked if there were any consequences associated with non-compliance, and Mr. Perez replied that FDOT has been made aware of the legal ramifications. Mr. Perez added the ACOE's previous letter to the FDOT, which was provided to the MRC, states if the obstructions are removed prior to the arrival of the ACOE contracted dredgers, then they would include that quantity of additional dredged material in their contract, yet if the obstruction remains the contractors will not dredge within this vicinity and FDOT will be required to fund and conduct the required dredging of the federal navigable channel around the NW 5 ST Bridge.
V. New Business – The following items were addressed/discussed:
- Mr. Bibeau reported that FDEP had issued their permit to repair the seawall at the site leased by the dredging contractors for the sediment processing plant. Mr. Perez stated now that the required FDEP permit had been issued, the ACOE permit administrator will be working over the weekend of August 18-19 on the site's submitted ACOE permit application to repair the seawall.
The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month publicly noticed meeting for September 19, 2007 , 10 am , and will again be held at the United Way , 3250 SW 3 rd Ave , Miami , FL.
The meeting adjourned.