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I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) stated after consulting with the local project sponsors, the ACOE agreed to postpone awarding the next acceptance section (AS) until January 2007, rather than granting the contractor’s request to postpone awarding the next AS until March 2007.  Mr. Perez noted the contract allows 60 days to remobilize and recommence dredging from the time the next AS is awarded, therefore dredging will recommence no later than March 2007.  Mr. Perez noted the currently available FY ’06 federal cost share is only sufficient to complete dredging within AS 7, and federal FY ’07 commences October 1, 2006 , when an additional $4.1 - $7 million may be appropriated by Congress for the project, which is sufficient to dredge AS 8 of 15.  Mr. Perez noted under this scenario, the ACOE would postpone awarding AS 7 & 8 until January 2007, resulting in recommencing dredging in AS 7 & 8 by March 2007, in order to consecutively expend the FY ’06 & FY ’07 federal appropriations.  Mr. Perez explained if the FY ’07 Energy and Water Bill isn’t approved before the October 1, 2006 beginning of FY ’07, the project would be eligible to potentially receive $3.5 million in a pro-rated fashion, under a continuing funding resolution.  Mr. Perez noted there is a new draft regulation with guidance on the use of funding contained in continuing funding resolutions, which may limit the amount included in the potential continued funding resolution to the amount expended, rather than appropriated, in FY ’06.  Mr. Perez added the contractor’s estimate completion of one AS per month, therefore under this scenario; the project would incur its second of five allowable temporary demobilizations in May 2006, until any additional federal cost share is potentially appropriated by Congress in FY ’08, which commences on October 1, 2007 . 

Mr. Perez reported that their dredging contractor, (Weston Solutions and Bean Environmental), met with the Assistant Secretary of the Army (ASA) Woodley on September 19, to discuss a possible remobilization date.  Mr. Perez noted the contractors expressed their desire to remobilize and recommence dredging once all funding is in place, or no earlier than March 2007.  Mr. Perez noted that under this scenario, the ACOE would postpone awarding dredging in AS 7 & 8 until late March 2007, resulting in recommencing dredging by late May 2007, in order to potentially consecutively expend the FY ’06, FY ’07, and FY ‘08 federal appropriations.  Mr. Perez stated the ACOE capability figure for the FY ’08 budget is the $26 million federal cost share balance due to complete the project (considers “worst case” FY ’07 appropriation of $3.5 million).

Mr. Brett Bibeau, MRC Managing Director, noted Mr. Perez had previously stated if the FY ’06 $3.5 million appropriation isn’t obligated via awarding AS 7 by the September 30, 2006 end of FY ’06, it would become at risk for potential reprogramming to another ACOE project, and asked if that remained the case considering the ACOE has agreed to not award AS 7 until January 2007.  Mr. Perez indicated that indeed remained the case, and it isn’t possible for him to provide a guarantee that the available $3.5 million will not be reprogrammed to another project after the September 30, 2006 end of FY ’06.  Mr. Bibeau noted the ACOE had written a letter to Congresswoman Ros-Lehtinen, pledging to cease future reprogramming of appropriations away from the Miami River maintenance dredging project.

Since Mr. Carlos Espinosa, Director of the Miami-Dade County Department of Environmental Resource Management (DERM), was not present at the meeting, Mr. Bibeau asked Mr. Perez if he had received any updates regarding the County’s consideration of local advanced funding.  Mr. Perez noted he had recently spoken to Mr. Espinosa who had indicated that the County remains supportive of this possibility, and would like the ACOE to remobilize their contractor no later than January 2007.  Mr. Perez added that Mr. Espinosa had stated that the county is looking strongly into executing the local advanced funding agreement, but needed to receive concurrence from the local sponsor attorneys.  Mr. Perez noted he had discussed with Mr. Espinosa the fact that if the County’s attorneys request significant revisions to the drafted agreement, it will prolong the approval process for the ACOE to execute the agreement, which is necessary before they are authorized to receive and expend any potential local advanced funding.

Mr. Bibeau noted per the Dredging subcommittee’s directive, MRC and SFWMD staff continues to provide project briefings to the individual Miami-Dade County Commissioners.  Thus far the briefings have been held with Vice-Chair Dennis Moss, Katy Sorenson, Jose “Pepe” Diaz, and staffs of Commissioners Sallye Heyman, Carlos Gimenez, and Rebecca Seijas.  Mr. Bibeau noted Mr. Jose Fuentes, SFWMD, attended the briefings with Commissioners Sorenson and Diaz.  Mr. Bibeau stated during the MRC’s September 11 meeting, County Commissioner Barreiro expressed his continued support for the County to provide local advanced funding.  Mr. Bibeau added the MRC scheduled a meeting with Commissioner Barbara Jordan in September, and is attempting to schedule briefings with the remaining County Commissioners .

Mr. Bibeau reported on the meetings he attended to support the project in Washington DC on September 6-7; where he joined the Greater Miami Chamber of Commerce (GMCC) advocacy group in support of obtaining the federal cost share balance due to complete the project.  Mr. Bibeau noted he had met with representatives from the ACOE during the September 6-7 trip to the Capital, in support of including the estimated $26 million federal cost share balance due in the Administration’s FY ’08 budget submittal.  In addition, Bibeau noted he had met with the Honorable Representatives of the Dade Delegation and staff from the House and Senate Energy and Water Committees, in support of obtaining their single year record high $7 million congressional appropriation for the project during the FY ’07 conference.  Mr. Bibeau thanked the representatives of Miami-Dade County, the Greater Miami Chamber of Commerce, Mr. Mark Bailey , Merrill-Stevens, and the MRC’s Federal Intergovernmental Affairs consultant, Phil Bangert, Patton Boggs, whom had participated in the DC meetings as well. Mr. Bibeau thanked Mr. Ryan Hawkins for attending today’s meeting on behalf of State Senator Larcenia Bullard.

Mr. Bibeau stated similar to the successful FY ’07 approach, the MRC recommended project stakeholders write ACOE General Strock and Mr. Rob Portman, Director of the President’s Office of Management and Budget (OMB), in support of including the $26 million federal cost share balance due to complete the project in their FY ’08 budget submittal to Congress, which would increase the probability for Congress to appropriate the amount.  Mr. Bibeau noted the ACOE is currently creating their FY ’08 budget recommendations, which will be submitted to OMB early this fall.  Mr. Bibeau thanked everyone whom has already written the MRC recommended support letters, such as the City and County Commissioners , Greater Miami Chamber of Commerce (GMCC), South

Florida Water Management District (SFWMD), marine industrial businesses, Marine Industries Association of South Florida, Marine Council, Miami River Marine Group, and Miami River developers.

III. & IV. Update River Utility Crossings & Status of Removal of NW 5^th Street Bridge Prior to Dredging within that Acceptable Section – Ms. Tish Burgher, QCA, Florida Department of Transportation, noted Mr. John Paelnchar had spoken to Mr. Jose Barrera, FDOT, who indicated dredging the FDOT-owned land and rock adjacent and beneath the NW 5^th Street Bridge is not included in the demolition scope of services.  Ms. Burgher noted Mr. Barrera had yet to receive from the ACOE a copy of the regulation holding FDOT responsible for performing the aforementioned task.  Mr. Perez noted the aforementioned document had been mailed to FDOT last week, and offered to follow up with the ACOE operations department, which is handling this matter.  Mr. Perez stated the ACOE will require FDOT to dredge their land built into the federal navigable channel, as a condition of the ACOE’s required permits to replace the NW 5 ST Bridge.

Mr. Buermann asked which AS the Bridge is located in, and Mr. Bibeau replied AS 11.  Therefore under the fastest potential timeline, the dredgers would be working in AS 11 in July 2007.  In case the aforementioned situation does not get resolved prior to the dredgers arrival in the area, Mr. Buermann asked if dredging acceptance sections could be taken out of sequence, and Mr. Perez relied that this was not permitted in the contract’s specs. Ms. Burgher noted that demolition of the NW 5^th Street Bridge is scheduled to commence in October 2006, and be completed by February 2007.  Ms. Burgher noted that FDOT will only dredge areas it is responsible for.

V. Discussion of Renewing Patton Boggs Contract - Mr. Bibeau stated since 1999 the MRC hired Phil Bangert, Patton Boggs, to provide intergovernmental consultant services for the project.  Mr. Bibeau noted the current contract of no more than $3,000 per month expires on September 30, 2006 .  Dr. Fran Bohnsack noted Mr. Bangert was instrumental in amending the dredging project’s federal cost-share, from the original 80% local – 20% federal, to the current 80% federal, 20% local, making the project feasible.  Mr. Eric Buermann stated he has a positive impression regarding the services provided by Patton Boggs, and Mr. Bailey added it is important for a project of this magnitude to have day to day representation in Washington DC .  The Dredging subcommittee noted Mr. Bangert and Patton Boggs are familiar with the project’s history, and any new consultant would have a significant learning curve which would negatively impact their abilities.  The MRC’s Dredging subcommittee unanimously recommended the MRC extend their contract for Patton Boggs to provide intergovernmental consultant services in support of the Miami River maintenance dredging project, not to exceed $3,000 per month, for one year, until September 30, 2007 .

VI. New Business – The following items were presented/discussed:

• Mr. Skornick, SFWMD, noted the first FIND-awarded grant of $2.3 million for AS 5-8 was scheduled to expire in October 2006, and $558,000 had been invoiced, therefore Mr. Skornick requested FIND extend the grant period to October 2007, which FIND approved in August.  Mr. Skornick noted FIND will only consider a one year grant extensions, therefore AS 8 is required to be completed before October 2007. 
• Mr. Skornick noted he expected to receive paperwork regarding a third FIND grant in November/December for the final $2.1 million awarded to complete Acceptance Sections 12-15.
• Mr. Skornick stated the SFWMD and Miami-Dade County are considering any potential future FIND grant applications for a cost share of the potential local advanced funding.  Mr. Skornick added FIND seems agreeable to allowing modifications to the previous awarded grant’s scope of services, in order to provide local advanced funding via allowing their previous grant awards to be used on earlier acceptance sections.
• Mr. Skornick noted he and MRC Chair and SFWMD Vice-Chair Irela Bagué had met with the ACOE Jacksonville District’s new Colonel Grosskruger, who seemed very supportive of completing the Miami River Maintenance Dredging project.  Mr. Skornick noted he would coordinate with Mr. Bibeau a possible riverboat tour for the colonel during his visit to Miami in early October.

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for October 18, 2006, 10 am, 1407 NW 7 ST.

The meeting adjourned.

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