Miami-Dade Legislative Item
File Number: 101333
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File Number: 101333 File Type: Resolution Status: Adopted
Version: 0 Reference: R-756-10 Control: Board of County Commissioners
File Name: CITY OF NORTH MIAMI NEW DEVELOPMENT Introduced: 5/24/2010
Requester: NONE Cost: Final Action: 7/8/2010
Agenda Date: 7/8/2010 Agenda Item Number: 11A4
Notes: Title: RESOLUTION DIRECTING MAYOR OR MAYOR’S DESIGNEE TO STUDY THE PROPOSED DEVELOPMENT OF THE CITY OF NORTH MIAMI-OWNED LANDFILL SITE FORMERLY KNOWN AS MUNISPORT INTO A SPORTS AND ENTERTAINMENT DESTINATION RESORT TO ENSURE THAT SUCH DEVELOPMENT IS CONSISTENT WITH THE TERMS OF (I) THE CONSENT AGREEMENT AND (II) THE SECOND AMENDED GRANT AGREEMENT, BOTH BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI FOR, AMONG OTHER THINGS, ASSISTANCE IN COVERING THE COST OF CLOSURE AND REMEDIATION OF THE FORMER LANDFILL SITE
Indexes: NORTH MIAMI
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/8/2010 11A4 Adopted P
REPORT: Commissioner Seijas noted expressed concern that issues with the ‘Munisport’ complex in the City of North Miami had been pending for the past 20 years. She asked whether the County gave the City of Miami responsibility for the complex some time ago, and how brining it back would benefit the County. Assistant County Attorney Martin Sybblis noted this resolution would just authorize a study to ensure that the new development would be consistent with the terms in the agreement between the City and the County, which specifically dealt with regulatory issues concerning zoning, environmental, and landfill closure issues. In response to Commissioner Seijas’ inquiry regarding who would pay for the study, Ms. Kathleen Woods-Richardson, Director, Department of Solid Waste Management (DSWM), noted a portion of monies approved in 2004 for the construction portion of the project would be used to pay for this study. Ms. Woods-Richardson responded to Commissioner Seijas’ inquiry regarding whether the County was now responsible for all costs of this project, and who the owner would be after construction. She noted at this point, the County was responsible for all costs and the City of North Miami would own the site. Commissioner Heyman noted the County created a working contract with Biscayne Landings and Boca Developers to remediate the area, and initiate putting forth County dollars to remediate the site’s environmental issues due to its proximity to the Biscayne Aquifer. She explained that the City had been negotiating with a new entity that would not likely want to assume all obligations and her intent was that no contract obligations be lost before the negotiations proceeded. She noted the need to keep the covenant on the land as part of the original contract with the County, and she cautioned against the consequences to the environment if parties were not held accountable to the agreement with the County. She noted that since the original agreement the City of North Miami had a brand new Manager and Mayor, and failure to establish a covenant instead of a contract would adversely impact the community and environment. She noted because the County provided the initial funding, it had a say on the remediation. In response to Commissioner Seijas’ question concerning whether the County had a contract or a covenant, Mr. Carlos Espinosa, Director, Department of Environmental Resources Management (DERM), noted the County had regulatory authority and had dealt with the City under this authority for a long time. He explained the entity that went bankrupt had an agreement with the County regarding the remediation to close the landfill by regulatory standards. Mr. Espinosa noted currently DERM was working with the receiver from bankruptcy court and the entity’s engineer on how to implement the remediation. He noted DERM had not received any details concerning the proposed development of an indoor Ski slope/lift nor had the City approved it. Responding to Commissioner Seijas question as to whether Mr. Espinosa was comfortable with the Commission moving forward on this Item, Mr. Espinosa noted that DERM notified the receiver that the City needed to proceed with closing the landfill and remediate the area regardless of this proposal. In response to Commissioner Seijas’ inquiry regarding whether DERM staff agreed with process proposed by Commissioner Heyman, Mr. Espinosa noted the County was just dealing with bankruptcy court, closing and remediation of the landfill. Responding to Commissioner Seijas’ question concerning the County’s investment or the necessary investment for this project, Ms. Woods noted the County had spent $9 million on this project, which had a balance of $24,888,000. In response to Commissioner Seijas’ inquiry regarding whether the invested $9 million, Ms. Woods noted those invested monies by the County were part of the grant awarded to close down different landfills. Hearing no further comments or discussion, the Commission proceeded to vote on this Item as presented.

Recreation, Culture & Tourism Committee 6/7/2010 2E Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Rizo read the foregoing proposed resolution into the record. Hearing no questions or comments the committee proceeded to vote.

County Attorney 5/24/2010 Referred Recreation, Culture & Tourism Committee 6/7/2010

County Attorney 5/24/2010 Assigned Martin W. Sybblis 6/7/2010

Legislative Text


TITLE
RESOLUTION DIRECTING MAYOR OR MAYOR’S DESIGNEE TO STUDY THE PROPOSED DEVELOPMENT OF THE CITY OF NORTH MIAMI-OWNED LANDFILL SITE FORMERLY KNOWN AS MUNISPORT INTO A SPORTS AND ENTERTAINMENT DESTINATION RESORT TO ENSURE THAT SUCH DEVELOPMENT IS CONSISTENT WITH THE TERMS OF (I) THE CONSENT AGREEMENT AND (II) THE SECOND AMENDED GRANT AGREEMENT, BOTH BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI FOR, AMONG OTHER THINGS, ASSISTANCE IN COVERING THE COST OF CLOSURE AND REMEDIATION OF THE FORMER LANDFILL SITE

BODY


WHEREAS, on February 10, 1998, Miami-Dade County, through the Department of Environmental Resources Management (DERM), (the “County”) and the City of North Miami (the “City”) entered into a Consent Agreement, so as to provide a legal mechanism to address, among other things, the on-site treatment and closure of the former landfill site known as Munisport located within the City (“Consent Agreement”); and
WHEREAS, on April 2, 1996, this Board approved a Grant Agreement between the County and the City to provide a finite amount to be used toward funding for the closure and remediation of the landfill site (Resolution No. R-333-96) (the “Grant Agreement”); and
WHEREAS, on July 27, 1999, the Grant Agreement was amended to modify the term of the agreement from an initial five (5) year term with three (3) renewal terms of five (5) years each, to a single twenty (20) year term (Resolution No. R-910-99) (“First Amendment”); and
WHEREAS, the First Amendment also provided for a County grant of up to $1 million per year to the City, for eligible costs, subject to availability and an annual budgetary authorization by the County; and
WHEREAS, on February 3, 2004, this Board approved a Second Amendment to the Grant Agreement to, among other things, increase the level of funding to be provided to the City to accomplish the landfill closure (“Second Amendment”); and
WHEREAS, pursuant to the Second Amendment, subject to certain conditions precedent, the County committed to funding, and did fund, a County and City administered escrow account in the amount of thirty-one million twenty seven thousand dollars ($31,027,000.00), as the County’s limited contribution to the City toward the landfill closure; and
WHEREAS, all disbursements made from the escrow to the City pursuant to the Second Amendment are based on invoices or draw requests for eligible costs, which are reviewed by the County’s Department of Solid Waste Management’s Bond Engineer prior to payment; and
WHEREAS, it is reported that the City is considering the possibility of entering into an agreement with developer Solar Mountain Management Group in the near future to develop a sports and destination resort, powered by renewable solar, wind and thermal energy sources on the Munisport site (“New Development”); and
WHEREAS, the County should ensure that the proposed New Development is consistent with the appropriate closure of the landfill site pursuant to the Consent Agreement, the Second Amended Grant Agreement, and applicable County regulation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs the Mayor or Mayor’s designee to study the proposed New Development between the City and Solar Mountain Management Group for the Munisport site to ensure: (1) that such development is consistent with Chapter 24 of the County Code (regarding environmental protection), the Consent Agreement, and the Second Amended Grant Agreement, or other applicable requirements, as it pertains to the clean-up and closure of the former landfill site known as Munisport, including, but not limited to determining whether the New Development would in any way (a) delay closure of the landfill, (b) increase landfill closure costs, or (c) violate any Florida Department of Environmental Protection requirements (DEP); and (2) does not otherwise violate the County’s rights as an interested party. The Board further requests that the Mayor or Mayor’s designee submit a written report to the Board within sixty (60) days, indicating the findings of the study.



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