Updated 05/07/08
MINUTES OF THE
FLORIDA INLAND NAVIGATION DISTRICT
Board of Commissioners Board Meeting
9:00 a.m., Friday, March 21, 2008
Indian River Plantation Marriott Hotel
555 N.E. Ocean Boulevard
Stuart, Martin County, Florida
ITEM 1. Call
to Order.
Chair
Padera called the meeting to order at
ITEM 2. Pledge
of Allegiance.
Commissioner
Byrd led the pledge of allegiance to the flag of the
ITEM 3. Roll
Call.
Assistant
Executive Director Crosley called the roll and Chair Padera, Vice-Chair
Mesiano, Treasurer Bray, Commissioner Barck, Commissioner Crowley, Commissioner
Engle, Commissioner Kavanagh, Commissioner Netts, and Commissioner Sansom were
present stated that a quorum was present.
Commissioner Byrd arrived to the meeting at
ITEM 4. Consent
Agenda.
Commissioner
Sansom stated that he would like to add to the Consent Agenda; Item 17A,
Additional Waterway Cleanup Project in
Commissioner
Barck made a motion to approve the Consent Agenda as amended. The motion was seconded by Vice-Chair Mesiano. Chair Padera asked for any further
discussion, hearing none, a vote was taken and the motion passed.
ITEM 5. Additions
or Deletions.
Mr.
Roach stated that he would like to add to the agenda; Item 17B, Publication of
Color Manatee Protection and Boating Safety Zone Brochures for Miami-Dade and
Vice-Chair
Mesiano made a motion to approve the final agenda as amended. The motion was
seconded by Treasurer Bray. Chair Padera
asked for any further discussion, hearing none, a vote was taken and the motion
passed.
ITEM 6. Board
Meeting Minutes.
Chair
Padera presented the Board meeting minutes and asked if there were any
questions or discussion. There were
none.
Commissioner
Netts made a motion to approve the minutes as presented. The motion was seconded by Commissioner
Sansom. Chair Padera asked for any
further discussion, hearing none, a vote was taken and the motion passed.
ITEM 7. Public
Comments.
Chair
Padera asked if there were any public comments on issues that are not on
today’s agenda.
Mr.
Gerald Ward, for the Marine Industries Association of the Treasure Coast
(MIATC), stated that he would like to thank the District for helping to fund
the waterway cleanup projects in St. Lucie and
Mr.
Ward stated that yesterday there was a meeting coordinated by the South Florida
Water Management District (SFWMD) about maintenance dredging and navigation
through the Okeechobee Waterway (OWW).
He stated that the MIATC feels that the meeting was productive and will
help get this information to the public.
ITEM 9. Comments
from the
Mr.
Rick McMillen, Project Manager for the
Mr.
McMillen stated that the IWW Volusia Middle and North Reach maintenance
dredging project ground breaking ceremony was held March 19, 2008. He stated that this project was originally
estimated to cost $10 million. He stated
that the base bid plus three bid options came in at $7.7 million. He stated that Southwind Construction was
awarded the Notice to Proceed on February 22nd and that construction
is scheduled to begin next week.
Mr.
McMillen stated that the plans and specifications are almost complete for the
DMMA IR-2 construction project. He
stated that we are still working with Taylor Engineering to obtain the
Environmental Resource Permit (ERP). He
stated that this is a critical site and that this project is scheduled to go to
contract by September.
Mr.
McMillen stated that the Corps held a bid opening for the IWW Jupiter dredging
project on February 5th and there were no bids. He stated that the District staff has moved
forward with contracting for this dredging operation.
Mr.
Roach stated that the District placed this project out for bid and we received
two bids and the low qualified bidder was in the amount of $2.2 million. He stated that this contractor and his
equipment have completed similar jobs in the past. He stated that the only difference in the two
bids was the mobilization costs. He
stated that the dredge will be set up by Monday and dredging is expected to
begin by next Friday. He stated that if
this project is started before April 1st, 150,000 cubic yards of
material can be moved by April 30th. He stated that the District will work under
the Corps’ permit for this project.
Chair
Padera asked about the project hitting unsuitable material. Mr. Roach stated that this project is being
completed by a contractor with the right equipment and project knowledge. He stated that the contractor is not worried
about hitting unsuitable material and the permit has guidelines on how to
handle any unsuitable material.
Mr.
Roach stated that the only challenge to this project is a dredging area north
of the bridge that is completely surrounded by seagrass. He stated that there are permit criteria
about avoiding any impact to seagrass.
Chair
Padera stated that there is a lot of community interest in this project and he
asked if the District has spoken to the press about the Jupiter project. Mr. Roach stated yes.
Mr.
McMillen stated that the clearing and grubbing of DMMA’s SJ-29, BV-4B, IR-7A,
IR-14, and MSA 524-B contract will be sent out today to the selected
contractor.
Mr.
McMillen stated that the Waterway Inspection Trip is scheduled for April 9th
through 11th and will start in Stuart and travel north. He asked for questions and there were none.
ITEM 8.
Mr.
Evan Skornik, Acting Miami-Dade County Service Center Director for the South
Florida Water Management District, and Mr. Brett Bibeau, Managing Director for
the Miami River Commission, stated that they will be providing a status report
on the Miami River Dredging Project and their request to complete the project
through the District’s Cooperative Assistance Program.
Mr.
Skornik stated that the Miami River is home to the fourth largest port in the
State of
Mr.
Skornik stated that the
Mr.
Skornik stated that dredging of section seven has just been completed, section
eight is currently being dredged, and yesterday the Corps awarded dredging
contracts for sections nine through twelve.
He stated that dredging for these sections should be completed by the
end of 2008.
Mr.
Skornik stated that
Mr.
Skornik stated that the project contract agreement with the Corps expires in
January 2009 and there is a contractual funding deadline of September 30,
2008. He stated that at this time there
is a $10 million funding shortage. He
stated that if the remaining funding for this project cannot be obtained, the
project will not be completed. He stated
that, if this project is not completed under this contract, a new contract,
will have to be negotiated and the project cost will go up significantly.
Mr.
Skornik stated that he has permission to request a $3 million bridge loan from
the SFWMD governing Board. He stated
that this is in the hopes that the District will approve a grant to fund $3 million
towards this project.
Secretary
Barkett asked when the last time the
Commissioner
Engle asked about other agencies that are committed to provide funding for this
final project phase. Mr. Skornik stated
that
Mr.
Bibeau stated that the original funding shortfall was $18 million. He stated
that they have received an additional $5 million from the State of
Vice-Chair
Mesiano asked about private contributions towards this project. Mr. Skornik stated that the Miami River
Commission is a local advocate of this project and they meet on a regular basis
with the private project partners. He
stated that the
Commissioner
Crowley stated that this District has been and is a significant funding partner
with
Chair
Padera asked about the local contributions to this project. Mr. Skornik stated that the budget does not
reflect land purchase, material storage, management, and in-kind costs. He stated that additionally, this
sedimentation was caused by improper stormwater run off and those issues were
addressed before this project was started.
He stated that this project has been designed to last for fifty years
without additional maintenance.
Secretary
Barkett stated that, according to the project budget, the District has
contributed more funding towards this project than the City of
Mr.
Bibeau stated that the Miami River Commission took the necessary steps to create
a Special Taxing District and adopt Strategic Plan with Tax Increment Financing
(TIF) to help pay for this project. He
stated that the elected officials for the City and County did not adopt that
TIF.
Commissioner
Sansom stated that he feels that the City of
Vice-Chair
Mesiano asked about the primary beneficiaries from the sales tax revenue that
is generated by the businesses along the
Commissioner
Byrd stated that the
Commissioner
Engle stated that four years ago there was discussion about construction of a
public a boardwalk for waterfront viewing along the river. She asked if that project has moved
forward. Mr. Bibeau stated that the
Miami River Greenway project is underway and will provide a ten mile connecting
pedestrian path along this waterway.
Chair
Padera asked that the Board’s comments be considered as a constructive message
to the City of
ITEM 10.
Mr.
Roach stated that Phase I of the Dredged Material Management Plan (DMMP) for
the 21 miles of Intracoastal Waterway (IWW) in Martin County was completed in
1993. He stated that Phase II of the
DMMP was also completed in 1993 and all major land acquisition was completed in
2001.
Mr.
Roach stated that the 50 year dredging projection for the IWW is 1.4 million cubic
yards and the storage projection is 2.7 million cubic yards. He stated that Maintenance Dredging in Reach
II in the Crossroads area is 85% of the dredging volume and occurs every 3
years.
Mr.
Roach stated that the District is also the local sponsor for navigation of 97
miles of Okeechobee Waterway in
Mr.
Roach stated that the 50 year dredging projection is 1.5 million cubic yards
and the storage projection is 3 million cubic yards.
Mr.
Roach stated that acquisition of four Dredged Material Management Areas to
serve the section of the OWW from the Crossroads to the St. Lucie
Lock was completed in 2006. He stated
that acquisition of two sites to serve the section of the OWW from the St.
Lucie Lock to the western
Mr.
Roach stated that, to date only, one of the seven upland Dredged Material
Management Areas the in county has been fully constructed. He stated that Site MSA 524B is scheduled for
Phase I construction by the Corps of Engineers in the fall of 2008. He stated that the other sites are in various
phases of environmental permitting, engineering, or design.
Mr.
Roach stated that in 2009, the Crossroads Area of the ICW and OWW will be
dredged with the material being placed in DMMA M-5. He stated that funding for dredging of the
OWW has been requested from Congress and dredging has been tentatively set for the
fall of 2010.
Mr. Roach stated that the Martin County Waterways
Economic Study was completed in 2000 and it found that there were 349 waterway
related businesses in the County employing 4,237 people, with salaries of $123
million and a direct economic output of $326 million. He stated that property
values were determined to be increased by $588 million by the presence of the
ICW channel. He stated that the study
shows that these economic benefits would be cut in half if maintenance dredging
of the waterways in the County ceased.
Mr. Roach stated that since 1986, the District has
provided $5.5 million in Waterways Assistance Program funding to 56 projects in
the County having a total constructed value of $27 million. He stated that the County, the City of
Mr. Roach stated that the District's Cooperative
Assistance Program has provided funding assistance for 25 state and regional
agency projects with elements in
ITEM 11. District
Project Report.
Mr. Roach stated that the District is
actively working on fourteen land management projects. He stated that final design and permitting of
DMMA NA-1 is moving forward. He stated
that staff is working with our partners on the island concerning the
development of the roadway. He stated
that roadway is a critical path item.
Mr. Roach stated that DMMA DU-2 has
been completely filled and the material needs to be offloaded to regain
capacity for an upcoming 2010 dredging event.
He stated that the material on DMMA DU-3 should be offloaded before the
site is reconstructed in 2009. He stated
that the material from these sites will be tested and then offered to local
government. He stated that if the locals
do not want the material, then it will be advertised for bid.
Mr. Roach stated that security
fencing has just been installed around the newly acquired DMMA DU-6B.
Mr. Roach stated that DMMA DU-9 will
be utilized to manage dredged materials from the 2009 Palm Valley Dredging
Project. He stated that the permit
provided by the Florida Department of Environmental Protection (FDEP) to build
the site will need to be converted to an Operation Permit.
Mr. Roach stated that cleanup work
continues on DMMA SJ-14. He stated that
the contractor is ready to re-vegetate the impacted area.
Mr. Roach stated that the District
has just completed a public pathway and shoreline stabilization project with
the City of Palm Coast at DMMA FL-8.
Mr. Roach stated that the shoreline
of MSA 434C has experienced severe erosion exposing the discharge pipe and
removing a restored wetland. He stated
that the District will install a rock splash pad to protect the pipe. He stated that the wetland will be mitigated
elsewhere on the property.
Mr.
Roach stated that construction of the DMMA BV-NASA project began in January
2008. He stated that there has been a
problem finding suitable material for dike construction and we are watching
that situation closely.
Mr.
Roach stated that
Mr.
Roach stated that the Brazilian Peppers along the shoreline of the pipeline
easement are being removed from DMMA BV-40.
He stated that the District is working with the adjacent developer to bury
pipeline casing underground.
Mr.
Roach noted that the fence installation at DMMA IR-14B has been completed.
Mr.
Roach stated that permitting and design have been completed for DMMA SL-2. He stated that the final construction plans
and specifications are in preparation and that this project will be going out
to bid soon. He stated that we will be
using this site in 2009.
Mr.
Roach stated that we have finalized the plans and specifications for the
hurricane repairs to our gabion mat at MSA M-5.
He stated that the project permits are about to be issued and
construction is scheduled for May 2008.
He stated that the re-vegetation plans have been received for review.
Mr.
Roach stated that the ICW Matanzas Inlet Sedimentation Study is moving forward
and should be completed by June 2008. He
stated that the hydrodynamic model is near completion.
Mr.
Roach stated that the ICW Jupiter maintenance dredging project should begin
next week. He stated that the project
cost is $2.2 million and that 130,000 cubic yards of material will be dredged
and placed on the beach south of the Jupiter Inlet.
Mr.
Roach stated that the ICW Cut P-50 maintenance dredging project was completed
yesterday. He stated that
Mr.
Roach stated that the District has requested a scope of service and fee quote
from the District Engineer for a feasibility study for the design, permitting,
and construction of the New River Deepening project in
Mr.
Roach stated that Hurricane Wilma delayed the resource survey for the ICW/Dania
Cut-Off Canal deepening. He stated that
survey was completed in November, shortly after the hurricane, and now the
National Marine Fisheries Service is questioning the validity of that
survey. He stated that they may require
that a new survey be completed. He
stated that project permitting and design are underway. He stated that this deepening project will
support commercial and mega yacht use of the
Commissioner
Byrd asked about the information that the resource survey provides. Mr. Roach stated that the survey provides
information regarding environmental resources, particularly seagrasses.
Mr.
Roach stated that the District is currently working on four Land Acquisition
projects. He stated that staff has a meeting
coming up with the City regarding the
Mr.
Roach quickly highlighted two Waterways Assistance Projects, the Eau Gallie Pier Reconstruction in
Commissioner
Sansom stated that
Mr.
Roach stated that the District currently has three economic studies underway;
Mr.
Roach stated that, this year, three Counties that have not previously
participated in the District’s Waterway Clean up Program have been added to the
program. He stated that they are Flagler,
St. Lucie, and
ITEM 12.
Mr.
Roach stated that he, Chair Padera, Secretary Barkett, Commissioner Crowley, and
Commissioner Engle went to
Mr.
Roach stated that the most important meetings were with the staff for:
Congressmen Ander Crenshaw, Dave Weldon, John Mica, Tim Mahoney, and Alcee
Hastings; and Senators Nelson and
Commissioner
Byrd asked about discussing Congressman Mahoney’s Indian River Lagoon (IRL) proposal. Mr. Roach stated that Congressman Mahoney is
proposing to designate the IRL as a National Marine Sanctuary. He stated that the IRL is currently
designated as an Aquatic Preserve and an estuary of national importance. He stated that the District’s Dredged
Material Management effort has been crafted to meet those environmental
designations. He stated that the
District has committed $30 million towards this effort just for the IRL section
of the waterway. He stated that the
District has been successful in jumping these types of hurdles but the hurdles
just kept getting higher. He stated that
to designate the IRL as a National Marine Sanctuary would create another
challenge. He stated that the District
should be very concerned and cautious about this proposal.
Commissioner
Byrd stated that Congressman Mahoney’s
Commissioner
Sansom stated that, if the IRL were to be designated as a National Marine
Sanctuary, this District would be the entity with the most to lose. He stated that we must ask ourselves how the
District’s operations would be affected by this designation and what it would
add to our ability to perform our mission.
Secretary
Barkett stated that the District must detail how these proposed changes would
impact the District’s ability to provide waterway maintenance. He stated that we also must show how the cost
of the changes would far exceed any benefits.
He noted that this waterway is already protected.
Secretary
Barkett stated that he was very impressed by the District’s
Commissioner
Sansom stated that if this designation were to happen the IRL would be provided
an additional layer of protection. He
stated that the designation would provide a higher significance for seagrass
impacts with an increased fine structure.
He stated that there is the promise of additional Federal funds, but
those are environmental funds not funds for dredging and waterway
maintenance. He stated that we should
not be against this proposal, but we must remain concerned about how it would
impact our ability to perform our job and ask those types of questions.
Chair
Padera stated that the District should stay on top of this proposal, ask
questions in the correct arena and demand answers.
Secretary
Barkett stated that the District should gather the facts about user and
economic costs related to this proposal and present them to Congressman Mahoney.
Commissioner
Byrd stated that Congressman Mahoney is not familiar with the impact of the
marine industries. She stated that he
needs to be educated on this issue.
Chair
Padera stated that good intentions are behind this proposal without knowledge
of its ramifications.
Commissioner
Sansom stated that there is an extremely large marine interest in Congressman
Mahoney’s District. He stated that the
Congressman will soon learn from the people involved with recreational fishing
and marine boating that this proposal will work against them and limit their
activities and that they will work to prevent it from moving forward.
Commissioner
Sansom stated that the entire
Mr.
Roach stated that while in
Mr.
Roach stated that he is the Chairman of the Atlantic Intracoastal Waterway
Association and was in Washington D. C. from February 27th through
February 29th on behalf of that association. He stated that they visited with the
delegations from
ITEM 13.
Mr.
Roach stated that the Navigation District Bill has passed its first two
committees. He stated that the bill has
been amended to remove most of the FDEP language and some Seaport language was
added. He stated that the bill has been
reduced from 20 pages down to eight pages and it still includes the original
sections of the bill proposed by the District.
He stated that our Seaport friends have added some references to
themselves to take advantage of some of the improvements that the District is
making to the dredging permit process.
Mr.
Roach stated that the bill includes language that non-member counties, which
contain any part of the
Mr.
Roach referred to a section in the bill that fully transfers the manatee
protection speed zone regulatory markers to the FWC on July 1, 2008. He stated that FWC has completed an analysis
that shows that it will cost them around $500,000.00 per year to perform this
task. He stated that due to the recent
budget shortfall in
Commissioner
Netts made a motion to approve the recommendation to extend the FWC Memorandum
of Agreement for another three years. The motion was seconded by Commissioner
Byrd. Chair Padera asked for any further
discussion, hearing none, a vote was taken and the motion passed.
Secretary
Barkett questioned the section of the bill addressing mixing zone turbidity and
questioned if the wording “is granted” should be replaced with “should be
allowed.” Commissioner Sansom stated
that the wording is correct because it is not a permanent condition.
Commissioner
Engle stated that she does not want new Interlocal Agreement programs with
non-member counties to dilute any of the District’s current programs. She cautioned that this District should not
try to be everything to all. She stated
that she does not favor taking tax money from a paying county to perform a
project in a county that is not part of the District and that does not pays
taxes to the District.
Commissioner
Sansom stated that Senate Bill 1427 is currently going through the House and
Senate and will help facilitate inlet management and the dredging and placement
of sand on
ITEM 14. Review of Assistance Program Rule
Language Regarding the Charging of User Fees at District Funded Waterway
Facilities.
Chair
Padera stated that because of recent budget changes, he felt the Board should
review the District’s Assistance Program rules regarding the charging of user
fees and differential user fees at District funded waterway facilities.
Mr.
Roach stated that the District’s Assistance Program rules have three areas that
address user fees; Definitions, Policy, and Project Eligibility. He stated that funded projects must provide
services to the general public on a first come basis with no club membership,
stock ownership, or differential in price.
He stated that these projects cannot charge a membership fee, but they
can charge a user fee. He stated that
these fees must be reasonable and the same for the general public living in all
District Counties. He also noted that the
applicant for any facility that will be managed by a third-party operator must oversee
their facility operating hours and admission fees.
Commissioner
Netts stated that he feels that the amount of time that the District’s guidelines
are in place should be adjusted according to the percentage of the project that
the District funds, instead of the current 25 year rule.
Commissioner
Engle stated that she feels that user fees should be in proportion to the
maintenance and restoration of that particular facility and should be used for
those purposes.
Vice-Chair
Mesiano stated that any public marina that receives funding from the District
must return all user fees into the operation and maintenance costs of that
facility. He stated that for example, a
facility that returns their user fees to a general fund cannot come to the
District for grant funding.
Chair
Padera suggested that staff craft some rule language regarding facility revenue
in excess of the maintenance costs of the facility.
Commissioner
Netts stated that District funded facilities should operate their facility with
an enterprise fund or not receive funding.
He stated that the District’s dollars should not be a conduit for
general revenue to the City.
ITEM 15.
Draft Report on
the Economic Analysis of the District’s Waterways in
Treasurer
Bray referred to the Nassau County Economic Analysis and stated that
Mr.
Roach stated that the District’s economic analysis consultant, GEC, has
completed the draft report on the Economic Analysis of the District’s Waterways
in
Mr.
Roach stated that if the
Mr.
Roach stated that if the waterways were dredged more frequently, it would
increase business volume by $3 million, add 31 jobs, and $1 million in personal
income, and increase property values another $1 million.
Mr.
Roach stated that the study includes a mail survey of marine related businesses
and that survey indicated that about 58% of these businesses are located on the
waterway. He stated that over half of
the firms believe that their revenue would decrease if the waterway was not
maintained.
Mr.
Roach stated that we also surveyed 305
Mr.
Roach stated that 68% of the
Mr.
Roach stated that boat owners commented that the condition of the public facilities
on the waterway in
ITEM 16. Finance
and Budget Committee Report.
Chair
Bray stated that the District’s Finance and Budget Committee met before today’s
Board meeting and the Committee reviewed and recommends approval of the January
2008 financial information.
Treasurer
Bray made a motion to approve the recommendations from the Finance and Budget
Committee. The motion was seconded by Commissioner Barck. Chair Padera asked for any further
discussion, hearing none, a vote was taken and the motion passed.
ITEM 17B. Publication of Color Manatee Protection and
Boating Safety Zone Brochures for Miami-Dade and
Mr. Roach stated
that staff has received three quotes for the publication of color Manatee
Protection and Boating Safety Zone Brochures for Miami-Dade and
Vice-Chair
Mesiano made a motion to approve the low quote for the publication of color
Manatee Protection and Boating Safety Zone brochures for Miami-Dade and
ITEM 17. Additional
Staff Comments and Additional Agenda Items.
Mr.
Crosley stated that the Waterway Inspection Trip is scheduled for April 9th
through 11th and will start in Stuart and travel north. He asked that any Commissioner interested in
this trip to contact him right away.
ITEM 18. Additional
Commissioners Comments.
Vice-Chair Mesiano stated that he
would like more information on the Indian River Lagoon initiative that
Congressman Mahoney is proposing.
Chair Padera stated that the Indian
River Lagoon South Program did not get funded in the President’s budget. He stated that there is a lot of interest in
trying to motivate Congress to fund that program. He stated that may or may not be connected to
Congressman Mahoney’s initiative.
Commissioner Engle asked that
information be provided to Commissioners before Congressman Mahoney’s charette,
so that interested parties can make their plans.
ITEM 19. Adjournment.
Chair Padera stated that hearing no further business the meeting was adjourned at 11:40 a.m.
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