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  MIAMI RIVER COMMISSION
   DREDGING COMMITTEE MINUTES:
  Minutes of meeting
Jan. 17, 2007
10:00 AM
(THIS IS A PUBLIC DOCUMENT)
The Miami River Commission’s (MRC) Dredging Working Group met as regularly scheduled on the third Wednesday of the month, January 17, 2007, 10 AM, at 1407 NW 7 ST.  Mr. Eric Buermann chaired the meeting, and the attendance list is enclosed.  The Dredging subcommittee unanimously approved their December 2006 meeting minutes.

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, noted the President’s FY ’08 budget submittal will be made public on February 5, 2007, which will provide the local project sponsors an important indication of the probability for obtaining the $26 million federal cost share balance due in FY ‘08.  Mr. Perez explained in the FY ’07 Continuing Resolution; under the current guidelines, the Corps may obtain 90% of the President’s $3.5 million budget submittal for the project, plus can provide justification to SAD/HQ for the additional 10%. Mr. Perez reported the ACOE plans to award additional acceptance sections in February, the contract allows the 60 days for remobilization, therefore dredging will recommence in April 2007.  Mr. Perez stated the ACOE remains willing to discuss and consider a minor delay in the timeline, in order to potentially avoid a second allowable temporary demobilization of the project.  

Mr. Ray Baker, Miami-Dade County Department of Environmental Resources Management (DERM), stated DERM’s top critical priority legislative requests in 2007 are the final $13 million local advanced funding and $800,000 requests to the State and a $26 million request from the Federal government to complete the Miami River maintenance dredging project.  Mr. Bibeau distributed copies of the Community Budget Issue Requests (CBIR) submitted by Miami-Dade County for the aforementioned State appropriation requests.  Mr. Bibeau thanked the Honorable Representative Rivera and the Honorable Senator Diaz de la Portilla for sponsoring the CBIRs, and provided attendees with the tracking numbers.

Mr. Bibeau noted the Greater Miami Chamber of Commerce continues to support the County’s final appropriation requests to complete the dredging project as well.  Mr. Bibeau distributed the GMCC / Miami-Dade County invitation to Washington, DC on February 28-March 1, 2007, and respectfully requested that consistent with the approved line item in the MRC’s operating budget, he be permitted to attend, in partnership with the GMCC and Miami-Dade County, in support for the remaining federal cost-share.  Chair Buermann authorized Mr. Bibeau’s trip to DC, and Mr. Bibeau noted the only expenses the MRC would incur would be his airline ticket and cab fees. 

Mr. Bibeau distributed a letter addressed to the Dade and Broward Congressional Delegations from MRC Chair Irela Bagué inviting them on a Miami River boat tour, hosted by the Honorable Congresswoman Ileana Ros-Lehtinen with the Honorable Congresswoman Debbie Wasserman Schultz, on March 2, 2007 .

Mr. Bibeau distributed Miami River Maintenance Dredging project federal channel and bank-to-bank funding estimates, cost-share projections and funding tables/matrices as of January 2, 2007 , prepared by Miami-Dade County and MRC staff. 

Mr. Bibeau provided a list of 6 federal grant opportunities, which the County is eligible to apply for to obtain a federal cost share for the “bank-to-bank” dredging component located outside of the federal navigable channel, which doesn’t currently have a federal cost share, and if awarded would free up local project sponsor funding appropriated for that purpose.  Mr. Baker noted the first deadline is for a Department of Commerce grant, which they are considering applying for.  Mr. Perez stated he would seek the opinion of ACOE Attorney John Pax regarding the ACOE’s acceptance under the current PCA and MOA of federal funds from a second agency.

Mr. Bibeau asked if the “Remaining Benefit to Remaining Cost” (RBRC) ratio had been performed for AS 11-15, and Mr. Perez replied they are only performed upon request following completed work.  Mr. Bibeau noted if the available local cost share for the project is allowed to be utilized at a rate faster than the federal cost share, there is currently sufficient appropriated funding to complete AS 7-10, and in the meantime secure one additional federal Fiscal Year appropriation, improve the RBRC, and generate additional “left-over” and “supplemental” federal funding as the project moves forward.  Mr. Bibeau suggested the County ask the ACOE to commence generating a RBRC based on acceptance sections 11-15, ASAP, and Mr. Baker agreed.   

Mr. Larry Bove, Weston/Bean, asked if all non-federal funding provided thus far to the ACOE had been expended in completing AS 1-6, and Mr. Bibeau replied $1.2 million, but agreed to look into obtaining the exact “left-over funding” amount. The DSC suggested utilizing any left-over local funding to compensate for the federal shortfall, and Mr. Baker stated the County isn’t opposed to that concept.  Mr. Perez noted the locals have already provided their cost share for the next AS 7.

III. Update River Utility Crossings– Dr. Fran Bohnsack, Miami River Marine Group, noted she had received an email from U.S. Coast Guard Captain James Suffren notifying her of a meeting to discuss the removal of FP&L cables along the Miami River . Dr. Bohnsack extended an invitation to the DSC to the aforementioned meeting, which would take place on Thursday, January 18, 2007, 9 am, in the Coast Guard Gator’s Den. Mr. Perez noted Pat Hanson, ACOE, was continuing to work on identifying potential utility crossing impacts, and has yet to foresee any issues.

IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptable- Mr. Buermann asked if any progress had been made following last month’s dredging meeting with Mr. Orin Black , Marilyn Properties, and the City of Miami concerning ownership of the immediately adjacent properties to the SW and NW sides of the NW 5 ST Bridge.  Mr. Bibeau noted that Mr. Black had received permits for the work from the Florida Department of Environmental Protection (FDEP) and ACOE, and was still awaiting a permit from DERM, which is required before he can hire a contractor to remove the land located in the federal navigable channel, and construct a new seawall along his property.  Mr. Bibeau added the City Attorney’s office is currently reviewing the agreement drafted by the City’s Department of Real Estate and Asset Management, to authorize DERM to grant Mr. Black’s permit, and allow Mr. Black to dredge the small city owned parcel at his cost, with a hold harmless clause for the City, in order for him to also be able to construct a new seawall in front of his property prior to the arrival of the dredging project. Mr. Bibeau noted the agreement would not require approval by the City Commission, yet Mr. Black would like to receive the permit in time for him to secure financing for the project, hire a contractor, which would then need time to mobilize and construct the project, hopefully prior to the NW 5 Bridge replacement and arrival of the dredgers. 

Mr. Buermann asked Mr. Bibeau to provide periodic updates on executing the agreement, permitting, dredging the land in the federal navigable channel, and replacing the bulkhead just outside of the channel, immediately adjacent to the NW ST Bridge. Mr. Buermann asked the agencies to provide the Dredging subcommittee with periodic updates on executing this agreement, as the NW 5 ST Bridge will remain on the monthly agenda.

Mr. Bibeau noted that at last month’s DSC meeting, Mr. John Palenchar, FDOT, stated that after the NW 5th Street Bridge structure and pilings are removed, they will amend the FDOT demolition contract in order to grind up any remaining material located within the 15 foot deep, 150 foot wide federal navigable channel, into material small enough for the ACOE contractor’s 6 cubic yard bucket to dredge. Mr. Palenchar had explained that if the ACOE’s contractors are unable to remove the materials located within the federal navigable channel left behind by the FDOT’s contractors, the ACOE would require FDOT to return and remove the remaining materials at FDOT’s cost.  Mr. Bibeau asked Mr. Perez if the ACOE has agreed to amend their existing Miami River maintenance dredging contract in order to add this additional material (if crushed to sizes smaller than the 6 cy bucket of the contractor, by FDOT), which wasn’t in the original contract executed per the dimensions of the existing NW 5 ST Bridge, which is partially built into the federal navigable channel, and Mr. Perez confirmed the contract would need to be modified to increase the number of cubic yards that would need to be removed. Mr. Perez added that ACOE Jacksonville District would address this issue when they are closer to the area in question. If material is not crushed by FDOT it will be FDOT’s responsibility (as the Department of the Army Permit holder) to remove this material at a later date by their own forces and cost.

The Dredging Subcommittee thanked everyone for their assistance on this matter.

V. New BusinessMr. Ray Baker, Miami-Dade County Department of Environmental Resources Management (DERM), noted the authorization to execute the “Local Advanced Funds” Agreement is expected to go before the Board of County Commissioners on January 25, 2007 , and extended an invitation to the DSC.

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for February 21, 2007, 10 am, 1407 NW 7 ST. Mr. Buermann noted he would be out of town that day, and respectfully requested that Mr. Baker co-chair the meeting.  Mr. Baker agreed.

The meeting adjourned.

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