Miami-Dade Legislative Item
File Number: 112007
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File Number: 112007 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1069-11 Control: Board of County Commissioners
File Name: FP&L MITIGATION CREDITS REQUIREMENTS FOR THE PTP PROJECT Introduced: 9/26/2011
Requester: Public Works & Waste Management Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8M12
Notes: TLL- 9/26/2011 Title: RESOLUTION APPROVING EXECUTION OF A MITIGATION CREDIT PURCHASE AND SALE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION FOR THE PURCHASE AND SALE OF 0.25 FRESHWATER HERBACEOUS MITIGATION CREDITS AT A COST OF $21,250 TO FULFILL THE MITIGATION REQUIREMENTS FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED NW 87 AVENUE FROM NW 154 STREET TO NW 186 STREET AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN
Indexes: FLORIDA POWER & LIGHT
  PTP PROJECT
Sponsors: NONE
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 12/6/2011 8M12 Adopted P

Regional Transportation Committee 11/7/2011 3I Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing resolution. Hearing no questions or comments from Committee members or the Administration, the Committee proceeded to vote.

County Attorney 10/27/2011 Assigned Jason Bloch 10/31/2011

County Mayor 10/27/2011 Assigned County Attorney 12/6/2011
REPORT: PWWM (ASST. COUNTY ATTY: JASON BLOCH) (NO BCC SPONSOR REQUIRED) (RTC 11/7/2011)

County Attorney 10/25/2011 Referred County Mayor 10/25/2011
REPORT: Item returned to Agenda Coordinator for missing info.

County Attorney 9/28/2011 Assigned Jason Bloch 10/25/2011

County Mayor 9/26/2011 Assigned County Attorney 11/15/2011
REPORT: PWD (ASST. COUNTY ATTY: JASON BLOCH) (NO BCC SPONSOR REQUIRED) (PENDING CMTE ASSIGNMENT)

County Mayor 9/26/2011 Assigned Alina Tejeda-Hudak 9/30/2011 9/26/2011

Legislative Text


TITLE
RESOLUTION APPROVING EXECUTION OF A MITIGATION CREDIT PURCHASE AND SALE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION FOR THE PURCHASE AND SALE OF 0.25 FRESHWATER HERBACEOUS MITIGATION CREDITS AT A COST OF $21,250 TO FULFILL THE MITIGATION REQUIREMENTS FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED NW 87 AVENUE FROM NW 154 STREET TO NW 186 STREET AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, both the Florida Power and Light Company and Miami-Dade County wish to facilitate the purchase of mitigation credits for wetland impacts for the for the People’s Transportation Plan (PTP) Project entitled NW 87 Avenue from NW 154 Street to NW 186 Street,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the Mitigation Credit Purchase and Sale Agreement between Miami-Dade County and the Florida Power and Light Company for the purchase and sale of the mitigation credits to fulfill the mitigation requirements for the People’s Transportation Plan (PTP) Project entitled NW 87 Avenue from NW 154 Street to NW 186 Street, in substantially the form attached hereto and made a part hereof; authorizing the County Mayor or County Mayor’s designee to execute same for and on behalf of Miami-Dade County and to exercise the provisions contained therein; and authorizing use of Charter County Transportation Surtax Funds.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Mitigation Credit Purchase and Sale Agreement with the Florida Power & Light Company for the Purchase and Sale of 0.25 Freshwater Herbaceous Mitigation Credits to Fulfill the Mitigation Requirements for the People’s Transportation Plan (PTP) Project entitled NW 87 Avenue from NW 154 Street to NW 186 Street and Authorizing the use of Charter County Transportation Surtax Funds

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the execution of a Mitigation Credit Purchase and Sale Agreement (Agreement) between Miami-Dade County and the Florida Power & Light Company (FPL), a Florida Corporation. The Agreement establishes the purchase of up to a maximum of 0.25 Freshwater Herbaceous Mitigation Credits (mitigation credits) by the County from FPL to fulfill the project’s mitigation requirements. The provided funding is through the Charter County Transportation Surtax (the Surtax); therefore, approval by the Citizens' Independent Transportation Trust and the BCC is required.

SCOPE
This project consists of widening NW 87 Avenue, which is in Commission District 13, from two to four lanes from NW 166 Terrace to NW 186 Street, milling and resurfacing the west side and reconstructing the east side of an existing four lane roadway from NW 164 Street to NW 166 Terrace, and constructing a new four lane roadway from NW 154 Street to NW 164 Street. Work includes a raised median, bicycle lanes, sidewalks, curb and gutters, signalization, pavement markings and signing, decorative roadway lighting, a continuous storm drainage system and the replacement of an existing culvert at NW 170 Street and NW 87 Avenue.

FISCAL IMPACT/FUNDING SOURCE
The County has allocated $14.565 million for the design and construction of the subject project funded by the Surtax. An amount of $21,250 will be used to purchase up to 0.25 mitigation credits needed for the project. This is a site-specific project listed in the PTP Ordinance under Board Requested Major Roadway and Neighborhood Improvement Projects in Commission District 13. Funding will be derived from Index Code CPEPTP41387A.BCC13C.RWIDEN.

DELEGATION OF AUTHORITY
No additional authority is being requested within the body of this contract.

TRACK RECORD/MONITOR
The implementing agency is the Public Works Department (PWD) and the Project Manager responsible for monitoring this project is Hector Aleman, P.E., Project Manager, Highway Division, Plans Review Section.

MANAGER'S BACKGROUND
BACKGROUND
The proposed roadway project will widen NW 87 Avenue from NW 166 Terrace to NW 186 Street to four-lanes with a raised median, and will mill and resurface the west side and reconstruct the east side of an existing four lane roadway from NW 164 Street to NW 166 Terrace. Additionally, the construction of a new four lane roadway from NW 154 Street to NW 164 Street will provide continuity, and improve traffic flow in the area.

Existing wetlands will be unavoidably impacted by the proposed roadway construction. In order to fulfill the mitigation requirements from the South Florida Water Management District and the Miami-Dade Department of Environmental Resources Management, the County must acquire mitigation credits. FPL has obtained authorization to construct and maintain the Everglades Mitigation Bank (Mitigation Bank) in Miami-Dade County and can transfer credits from the Mitigation Bank to satisfy the mitigation requirements of this project. With BCC approval of this item, the County will be authorized to purchase up to 0.25 mitigation credits to complete the environmental permitting for the project.




________________________
County Manager/Deputy Mayor



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