Scott Mitchell opened the meeting and all attendees made self-introductions.  Scott asked Jerry Scarborough to report on the status of the dredging project.  Jerry introduced Rene Perez and stated that he will be taking over project management duties regarding the Miami River for the Corps.  Jerry stated that he has now assumed more of a program management role.  Rene will give this project the attention it deserves.  Jerry stated that he would stay intimately involved with this project until it gets awarded.  Jerry thanked the MRC and all of the congressional representatives who sent letters of support to the Corps.  He stated that there have been some hang-ups with the project at both the Atlanta division of the Corps as well as Corps headquarters in Washington D.C.  Both have had concerns regarding the economics of the project.  This is not your normal maintenance dredging, due to the high cost.  The Jacksonville District of the Corps has been trying to get beyond that and they have only done a minimal economic study, which was necessary in accordance with their guidance.  Jacksonville has been told that they need to complete a more thorough economic analysis looking at ship movements, cargos, tonnages and the benefits derived from dredging this project.  They have resubmitted a revised Dredged Material Management Plan (DMMP) yesterday.  It was revised from all of the comments they have received both from Corps personnel as well as through the Environmental Impact Statement (EIS) process.  Jerry believes the Atlanta Division as well as Corps headquarters are going to approve the revised DMMP. 

A new paragraph has been added to the PCA based on discussions with Atlanta and Headquarters.  Jerry has already done this and he has sent a copy of this to Miami-Dade County.  This new paragraph states that this project will proceed with the funding that has been allotted to date and any future funds that we might receive through “Congressional Adds”, and if we exceed the available funding we will have to stop.  Jerry stated that this is not unusual.  He reaffirmed that the federal government has allocated  $21 million to date for the project and there is another $5.5-8 million in appropriations requests this year.  With the addition of the non-federal share, therefore, over $40 million is available for the project.  Jerry stated that this is plenty of money to get started and proceed for a long time.  If the outcome of the economic analysis is negative in any way, it will not slow the project down, it just means that the Corps cannot budget for the project and additional “Congressional Adds” are necessary. 

The contracting office of the Corps has agreed to release a draft Request for Proposals (RFP) for review.  This will hopefully prevent further delays in the process by allowing potential contractors to look over the draft RFP and provide comments or ask any questions that they might have ahead of time.  The final RFP will hopefully be released in early January, which is a month later than was originally planned.  The draft RFP will be released soon, hopefully within the next couple weeks.  The draft will only be located on the Corps website.  Jerry stated that for those interested in the draft RFP, they could try the following website: www.saj02.usace.army.mil.  Look under the link for the contracting department and then search from there.   

Scott asked Jerry to review the necessary steps that must occur for the dredging to start.  Jerry stated that the revised DMMP has already been submitted.  The economic analysis will be done concurrently with the execution of the PCA, the advertisement, the receipt of proposal and the award of the contract.    The PCA can be executed without the completion of the economic analysis.  Scott stated that he is concerned that although the economic analysis is not a roadblock at this time it can turn into one in the future, especially if it has a negative result which could hinder the MRC from getting federal funding to continue the project in the future.  Jerry stated that the letters that were written showing support for the dredging project were great and hopefully the language of the upcoming appropriations bill will reflect the need for the dredging of the River.  Fran Bohnsack asked what the standard is for the economic report.  Jerry stated that they would do a standard cost benefit analysis.  The value of the cargo is not that important in the scheme of things.  Improvements in transportation are important as well as environmental benefits, etc.  Each of these benefits will have a dollar value associated with it.  David Miller asked Jerry what the turnaround time would be on the approval of the DMMP from the Atlanta division of the Corps.  Jerry stated that he feels that it will be very quickly.  Tim McIntosh stated that the County attorney is reviewing the revised PCA. 

David asked what the timeline is until dredging can begin.  Jerry stated that the RFP will go out in January and will be out for 45 days.  If it goes out on January 15^th it will be due back on March 1^st.  Then there is a 30-day selection period, and a 30-day period to proceed.  Jerry stated that depending on the type of disposal that is selected, additional permitting time might be necessary.  Right now he is planning for a three-month period of time between award and notice to proceed to allow for permit modifications and any National Environmental Protection Act (NEPA) compliance issues that might result from that disposal alternative.  It may not take this long.  The new timeline to start dredging will probably be sometime in the summer.  David asked if the Corps would help the awarded company attain the required permits for the dredging.  Jerry stated that they would help with the permits for the federal dredging project.  Ed Swakon stated that the non-federal dredging (bank to bank) would require an additional two permits, one from the Corps and one from the Department of Environmental Resource Management (DERM).  The state permit from the Department of Environmental Protection (DEP) is similar for both projects.

            Scott asked Ed to report on the status of the bank-to-bank project.  The Miami office of the Corps has indicated that they are coordinating with the Jacksonville office in their review of the project to ensure that things are consistent.  The DEP has asked for additional data analysis at their meeting a few months ago.  That data is currently being compiled.  The County has agreed on most of the permit revisions with the exception of a few regarding pre-project monitoring.  As it looks right now, some parameters might have to be collected because the scope of the existing data does not cover all of the parameters that DEP would like to have background data on.  The County is working on a draft Project Monitoring Program Plan and they will be coordinating with the Corps.  Ed stated that there is still the issue of obtaining the variances from the state regarding both the federal and non-federal project.  The Corps has already applied to the state for its variance for one parameter.  The County is putting its application together for the variance, but the variance cannot be granted until the individual permit is granted.  The County is looking at seeking a variance from probably 3 or 4 different parameters.  Revisions to the County Code to expedite the permiting process were approved.  A form has been created and the County attorney is currently reviewing the cover letter before the letters can be sent out.  Ed stated that the letters will be sent out by the end of the month and the people will have 30 days to respond to the letters.

            Scott asked Jerry to comment on the status of the River utility crossings.  Jerry stated that there is going to be a separate meeting with Bell South in Jacksonville, possibly next week.  Tim McIntosh stated that there would be a follow up meeting for all of the utility companies on November 4^th at the United Way Ansin Building before the Miami River Commission meeting.  Tim stated that the DEP representative was not at the last utility crossing meeting.  David stated that someone from DEP must be at the November meeting so that questions can be answered.  Ed Swakon stated that the state land issue for utility locating and relocating should be addressed with DEP.  He further stated that most utility companies do not have their easements in place.  Scott requested that this issue be added to the agenda of the November 4^th utility company meeting.

            Tim McIntosh spoke about the 2003 Legislative appropriation requests.  He stated that they are asking for $1.5 million.  David explained that the State has already appropriated $6.7 million.  The funding partnership is 80% federal, 10% state, 5% city and 5% county.  Given the estimated cost of $70 - $72 million for the entire project, if we request an additional $2.5 million from the State they would be paying more than their agreed upon share of this project.  Even the $1.5 million is more then they agreed to, but it is more understandable given the delays in the process.

            David asked the Corps about the properties that protrude into the “federal navigable channel” as well as the 5^th Street Bridge and wanted to know if the Corps was doing anything to notify property owners.  Jerry stated that regarding the 5^th Street Bridge, the Corps had a meeting with the Department of Transportation (DOT) and the Coast Guard up in Jacksonville a couple of weeks ago.  DOT stated that they would build a bridge that spans the entire waterway, somewhere in the vicinity of 150’ wide.  They had several alternative proposals, but they were unacceptable and the DOT finally agreed to do it the way it should be done.  Jerry stated that the regulatory component of the Corps is handing the encroachment of the property owners.  This is basically an enforcement issue, they are contacting the property owners and telling them that they must move the encroaching structures or the Corps will remove it for them and send them the bill.

            The next Dredging Working Group meeting was scheduled for Wednesday November 20, 2002 at 10 am.  The meeting will take place at the Rosenstiel School Library Map Room.