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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, September 19, 2007 , 10 AM , at the United Way Executive Conference Room, 3250 SW 3 rd Avenue. The Dredging Subcommittee reviewed and approved the August 15, 2007 meeting minutes. Mr. Eric Buermann chaired the meeting and the attendance sheet is enclosed.
I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, stated their contracting division is reviewing the dredging contractor's request for a 120 day extension (expires November 20, 2007) to recommence dredging. Mr. Perez added he anticipated the ACOE contracting division will have a formal answer to the request before the next monthly MRC Dredging Subcommittee meeting. Mr. Perez reminded the Dredging Subcommittee that the contractor's request for a 120 day extension to recommence is partially based on the timeline for the Boskalis sediment processing plant to return from Belgium and repairing the seawall at the AME Shipping property the contractors lease as an additional sediment processing area. Mr. Perez stated the Florida Department of Environmental Protection (FDEP) has issued a permit for the seawall repair, yet the County is awaiting revised drawings from the property owner's contracted engineer. Mr. Jeffrey Hooper , owner of the AME Shipping site, stated he received the ACOE permit for his seawall last week, but is still working on obtaining the last permit from the Miami-Dade County Building Department. Mr. Hooper stated he hoped to receive the building department permit by next week. Chair Buermann asked Mr. Hooper when he expected his seawall repair to be completed, and Mr. Hooper anticipated the actual seawall repair work to be completed within 60 days of commencement.
Mr. Perez stated Congress is in conference regarding their Fiscal Year (FY) 2008 budget. Brett Bibeau, MRC Managing Director, reported he is joining the Greater Miami Chamber of Commerce (GMCC) advocacy group in Washington DC on September 25-27 in support of obtaining the $21 million federal cost share balance due to complete the Miami River maintenance dredging project. Mr. Bibeau noted the potential range of federal funding the project could receive in FY '08, which is the last fiscal year under the current 5-year contract and price, is $3.5 - $7.5 million. Mr. Bibeau added that the President's FY '08 (starts October 1, 2007) recommended budget submitted to Congress includes a $4.5 million line item for the project, which the House Energy and Water Bill deferred to, while the Senate's Energy and Water Bill contains a record high $7.5 million line item. Therefore, if Congress passes an Energy and Water Bill it would include between $4.5 -$7.5 million for the project. If Congress doesn't adopt an Energy and Water Bill, rather a year long continued funding resolution (CR) as they did in FY ‘07, the potential year long FY '08 CR would provide the lesser amount of either the President's recommended budget amount ($4.5 million) or the amount the project was appropriated the previous fiscal year. Since the Miami River maintenance dredging project received a $3.5 million appropriation in FY '07, it would therefore receive a $3.5 million appropriation in the scenario of a FY '08 year long CR. Therefore, Chair Buermann restated the MRC's recommendation for the local cost share partners to secure the remaining $9 - $13 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price.
Mr. Bibeau stated several years ago Congressional appropriations for the Miami River maintenance dredging project were reprogrammed by the ACOE to other projects, and noted since then an equal amount was reprogrammed back to the Miami River . Therefore Mr. Bibeau inquired considering it is the fourth quarter of FY '07, if it's possible for the ACOE to reprogram funds from other projects unable to use their funding before the end of the fiscal to the Miami River 's federal funding shortfall. Mr. Bibeau added perhaps there is general Operations and Maintenance ACOE funding which may be utilized as well. Mr. Perez replied the aforementioned scenarios did not seem likely, noting Congress hasn't allowed the ACOE to reprogram funds since 2006.
Mr. Bibeau asked for the status of the ACOE's review of the potential Department of Commerce's Economic Development Administration (EDA) federal grant, which if awarded may potentially fund up to $4 million for the dredging project. Mr. Perez noted he had forwarded the grant to ACOE Jacksonville District Attorney, John Pax, whom is still researching to definitively conclude if the federal grant is awarded may the funding be used on the Miami River maintenance dredging project. Therefore, Mr. Pax recommended the MRC or Miami-Dade County obtain a letter from the EDA determining if the grant were awarded the funding may be utilized on the desired maintenance dredging project. Mr. Bibeau offered to contact EDA in that regard, and stated the South Florida Regional Planning Council (SFRPC) recently adopted their SEEDS Plan which includes the Miami River, therefore making it more eligible and consistent with the potential EDA federal grant funding to be utilized towards the federal cost share balance due to complete the Miami River maintenance dredging project.
Mr. Bibeau distributed copies of the Dredging Subcommittee's estimated funding summary and project timeline. Mr. Dorian Valdez Miami-Dade Department of Environmental Resources Management (DERM), stated they will have all the necessary remaining documents in place to provide the State, Florida Inland Navigational District (FIND), and City of Miami cost shares towards local advanced and non required contributed funds by October 1, 2007 . Ms. Marina Blanco-Pape, provided the following update of the County's efforts to provide the ACOE with the previously appropriated dredging funding from all cost share partners, consistent with the fully executed amendment to the Project Cooperation Agreement (PCA). Ms. Blanco-Pape stated that the $5.8 million the FL legislature appropriated in FY '07 towards the federal cost-share balance due had originally required a match, yet the Florida Department of Environmental Protection (FDEP) had recently agreed to recognize the appropriated and available federal cost share to serve as that match. Ms. Blanco-Pape explained in order to utilize the previously appropriated State cost share as desired, the County submitted an executed amendment to their agreement to Tommy Williams, FDEP, for final signatures, which are estimated to be received in less than 30 days. Ms. Blanco-Pape noted the County had recently submitted two separate dredging fund advancement requests to FDEP, consisting of $2.7 million the County expects to receive by October and transfer to the ACOE by November, and a $5.8 million advancement the County expects to receive by early December 2007 and transfer to the ACOE by January 2008. Ms. Blanco-Pape noted that as soon as the amendment is executed, FDEP may begin processing the submitted funds advancement requests. Mr. Bibeau noted after the requested $2.7 million and $5.8 million payments are made from FDEP to the County and then ACOE to conduct dredging in additional acceptance sections no later than January 2008, their would remain an estimated $4 million balance of the previously appropriated State funding for the project. Therefore Mr. Bibeau asked when the County is currently planning to request the final estimated $4 million of previously appropriated funding for the project. Ms. Blanco-Pape replied that the State funding was broken into separate line items for dredging costs incurred both inside and outside of the Federal Navigable Channel. Therefore the County is working with the ACOE to perform an informal survey in October 2007, of all remaining river acceptance sections, so that they may reaffirm the estimated cubic yards of sediments to be dredged from inside and outside of the federal navigable channel. Ms. Blanco-Pape noted she anticipated to sit down with all funding partners in January 2008, after all of the additional survey information has been collected, to discuss possible readjustments to the remaining funding amounts appropriated inside and outside of the channel. Mr. Perez clarified using appropriated project funding after each acceptance section is awarded (which requires the full potential funding for the acceptance section to be transferred to the ACOE) the ACOE conducts a pre and post dredging survey to determine the actual number of dredged cubic yards, and then pay the contractor based on the flat rate per dredged cubic yards. Mr. Bibeau asked if the County and or ACOE were considering amending the existing dredging template, and their representatives replied no.
Ms. Blanco-Pape stated the County has three funding agreements for all of the previously appropriated State funding, of which there is a remaining $540,000 in the original ST agreement, $6.2 million and $5.8 million in the respective two ST funding agreements. Mr. Bibeau asked the County to provide the MRC with the three ST funding agreements and the recently executed amendment, and Ms. Blanco-Pape agreed to provide the documents for the MRC files. Mr. Bibeau noted the SFWMD, County and City's final Fiscal Year under the project's current 5 year contract and flat rate per cubic yard removed is FY '08, which starts on October 1, 2007 . Ms. Blanco-Pape noted in addition the County will have a FY '08 mid-year budget adjustment.
Ms. Blanco-Pape noted the County had amended its agreement with the South Florida Water Management District (SFWMD) for the funding appropriated by the Florida Inland Navigation District (FIND), which provides the County with additional flexibility to advance the previously appropriated FIND cost share. Mr. Evan Skornick , SFWMD, explained they amended the FIND grant agreement to allow local advanced funding contingent on execution of the PCA Amendment, which occurred in August 2007. Mr. Skornick noted through the project's completed Acceptance Sections 1-6, his process for providing the FIND cost share to the County commenced with the receipt of an ACOE funding “demand letter”. Mr. Perez clarified the ACOE was in a position to issue “demand letters” for the local cost share on the previous acceptance sections, because their was an available federal cost share. Mr. Perez explained under the amended PCA if the local cost share partners decide to provide accelerated or non-required contributed funds, it must be provided to the ACOE on their own accord, because the ACOE will not issue demand letters at this time, since there is no available and uncommitted federal cost share. Therefore Mr. Skornick explained the next steps to collect the previously awarded FIND cost share include:
- The County will pay the USACE and invoice the SFWMD for the FIND share of the project
- The SFWMD will reimburse the County and will invoice FIND
- FIND will reimburse the SFWMD
Ms. Blanco-Pape noted the County had recently met with City of Miami representatives, including Mr. Robert Ruano , MRC designee for Mayor Manny Diaz , to discuss the possibility of advancing funds. Chair Buermann asked if the city seemed amenable to the idea, and Mr. Dorian Valdez, Miami-Dade Department of Environmental Resources Management (DERM), replied yes, and stated they will meet with the City again.
Mr. Bibeau stated if the requested 120 day extension to remobilize for the currently awarded Acceptance Sections 7 & 8, the dredging would recommence in that area on November 20 and take an estimated 3 months to be completed. Mr. Perez explained that once the ACOE receives payments from the locals, it takes an estimated 3-4 weeks for the checks to be deposited and clear in the correct account, followed by an additional 30 days for the contracting officer to issue awards on additional acceptance sections. Therefore, the MRC Dredging subcommittee noted since the current contract requires all acceptance sections to be awarded by the last day of FY '08, September 30, 2008 , the ACOE would actually need to receive the remaining funding to award the final sections by the end of July, 2008. Mr. Bibeau asked if there would be significant money available by the time dredging is completed in the currently awarded acceptance sections 7 & 8 in order to award future acceptance sections before the project incurs a second temporary demobilization. Ms. Blanco-Pape noted that if the requested and previously appropriated advanced cost shares funds are granted, it would be realistic to assume that enough money would be available for the ACOE to award additional Acceptance Sections in February or March 2008, before dredging within the currently awarded acceptance sections 7 & 8 are completed.
Mr. Perez noted the ACOE contracting officer had recently submitted a letter to the dredging contractors essentially denying their request for a change order.
Mr. Bibeau asked for an update regarding the remaining paperwork required by the executed PCA amendment, as outlined in the Dredging subcommittee's August 2007 minutes. Ms. Blanco-Pape and Mr. Perez explained the County letter offering the ACOE the local accelerated and non-required contributed funds would be submitted along with the actual payment, and the ACOE would immediately agree to receive the funding in writing because the concurrences and acceptance was authorized when the ACOE executed the PCA amendment, which allows for the provision and acceptance of the local accelerated and non-required contributed funding.
Mr. Bibeau asked when the Board of County Commissioners would consider formally adopting DERM's recommendation to seek $10 million from the State of Florida during their 2008 legislative session, and Ms. Blanco-Pape replied probably in December 2007.
Mr. Bibeau noted the FDEP and Governor's recommended budget submittal is currently being drafted, therefore Mr. Buermann suggested at least the MRC should advocate now for including DERM's recommended $10 million for the project be included in the Governor's FY '08 recommended budget submittal.
III. & IV. Update River Utility Crossings and Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez noted there were no utility issues to report at this time, according to Ms. Pat Hanson, ACOE Construction Division. Mr. Bibeau noted that FDOT representatives were unable to attend today's meeting to provide the status of the removal of the NW 5 th Street Bridge. Mr. Perez reported that the pilings of the NW 5 th Street Bridge have yet to be removed as discussed in previous MRC Dredging Subcommittee meetings and continue to be an obstruction. Chair Buermann directed Mr. Bibeau to follow-up on this item.
V. New Business – The following update was provided in regards to the status of the historic Miami Circle : Mr. Perez noted Ms. Hanson, ACOE, requested that the concrete slabs that had recently collapsed into the federal navigable channel adjacent to the Miami Circle be removed. Mr. Bibeau stated that the Department of State (DOS) has indicated that their plan is to provide temporary repair measures to stabilize the sites collapsed seawall, while they submit a $2.5 million legislative budget request, which will be considered in May 2008, to potentially fund the final and long planned permanent repair of the Miami Circle seawall. Mr. Bibeau noted State Representative Luis Garcia , whose district includes the Circle, received a letter from FIND stating its willingness to consider a grant application as soon as it is submitted to fund half of the estimated $1.5 million seawall repair, which would therefore require a $750,000 match. Mr. Bibeau added that source of the match had yet to be identified. Mr. Bibeau noted he continues to participate in weekly conference calls with Miami Circle stakeholders and the United States Coast Guard (USCG) is on record and stated in writing that the obstruction located within the federal navigable channel must be removed by the State prior to arrival of the Miami River maintenance dredging project's final acceptance section 15.
Mr. Perez asked the USCG and or local marine patrol to assist in the dredging project's necessary temporary relocation of some boats located along the Miami River . Mr. Perez added that the ACOE field office representative will contact the USCG to make arrangements. Mr. Gwin Tate, USCG, stated standard operating procedure includes measures including but not limited to “Notice to Mariners” regarding the dredging project's need to temporarily relocate vessels. Mr. Tate added that failure to relocate vessels may yield penalties of up to $1,500 per day. Mr. Tate explained the Public Notice would run in the Federal Register and include mass mailings based on zip codes. Mr. Tate stated a floating safety zone may be established around the dredging project as it moves down the river, which would require temporarily moving boats which are to close to the area where the dredge is operating.
The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month publicly noticed meeting for October 17, 2007 , 10 am , at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6 th Floor, 2121 SW 3 rd Avenue .
The meeting adjourned.