Miami-Dade Legislative Item
File Number: 130370
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File Number: 130370 File Type: Resolution Status: Adopted
Version: 0 Reference: R-251-13 Control: Board of County Commissioners
File Name: HIALEAH WATER RESERVATION Introduced: 2/25/2013
Requester: NONE Cost: Final Action: 4/2/2013
Agenda Date: 4/2/2013 Agenda Item Number: 11A2
Notes: Title: RESOLUTION RESERVING 100,000 GALLONS PER DAY OF POTABLE WATER CAPACITY FOR A 20-YEAR PERIOD TO SERVE PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 40 EAST AND RECOGNIZING THAT THE GRAHAM COMPANIES HAS USED REASONABLE GOOD FAITH EFFORTS TO COMPLY WITH WATER CONSERVATION AND RE-USE PROVISION OF DECLARATION OF RESTRICTIONS
Indexes: HIALEAH
  WATER AND SEWER
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Esteban L. Bovo, Jr., Co-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 4/2/2013 11A2 Adopted P

Infrastructure & Capital Improvements Committee 3/12/2013 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing resolution into the record It was moved by Commissioner Suarez that the Infrastructure and Capital Improvements Committee forward to the Board of County Commissioners with a favorable recommendation the foregoing resolution. This motion was seconded by Chairman Zapata, and the floor was opened for discussion. In response to Commissioner Moss’s inquiry relating to whether the easement land was donated, Mr. John Renfrow, Director of the Miami-Dade Water & Sewer Department, advised that the County would share the project costs with the City of Hialeah on a 50/50 basis including the land acquisition costs. He advised the land was owned by the Graham Family, and the County would reserve 100,000 gallons per day of portable water capacity for a 20-year period. He noted the construction of the reverse osmosis water treatment plant (RO Plant) would provide reasonable assurance that there would be sufficient water capacity whenever the site was developed. In response to Commissioner Moss’s inquiry relating to whether this type of agreement had been done in the past and if it would set a precedent, Assistant County Attorney Henry Gillman advised this resolution allowed for a 20-year water reservation when it was normally given for one year; and this long-term provision was unique to this matter and would not serve as any precedent for future requests for long-term water reservations. Therefore, future requests for a long-term water reservation would be reviewed based on the facts presented and circumstances. In response to Commissioner Moss’s inquiry regarding the value this type of water reservation constituted to the County, Mr. Renfrow responded that, in his opinion, it would provide assurance to the Grahams that the necessary infrastructure and adequate water capacity would be available to serve the development whenever the property was developed. Assistant County Attorney Gillman advised this resulted from the County’s Joint Participation Agreement (JPA) with the City of Hialeah to build a RO Plant, and the County’s consumptive use permits required the construction of that plant. He noted the plant would provide 10 million gallons a day of water, and it was his understanding that the department had determined 100,000 gallons from those 10 millions gallons per day was a very nominal amount. However, it would only be applicable to the portion of the property to be developed and owned by the Grahams. He explained the City of Hialeah was responsible for building the RO Plant, and the property owners had agreed to convey the property to the City of Hialeah at the property’s appraised value of $300,000. However, under the County’s JPA with the City of Hialeah, the County shared 50% of all project costs for the development of the RO Plant to include the costs of land acquisition. He advised this resolution identified the appropriate locations that would serve as the well locations to service the RO Plant. Mr. Joseph Goldstein, 701 Brickell Avenue, attorney for the City of Hialeah, advised that, in accordance with Miami-Dade Regulatory and Economic Resources (RER) Department’s position, the comprehensive plan developed required the construction of the RO Plant to serve the lands covered by the CDMP amendment which included it. Therefore, from the precedent stand point, the County must build the RO Plant; and the 100,000 gallons a day of portable water was a nominal number, which was based on the calculation estimated by the development program. He noted that the appraiser had not disputed the price, and the land cost was a small price for the four well sites. He pointed out that the Graham family had been outstanding in this negotiation, and the RER Department’s position was that the County must provide the RO Plant. In response to Commissioner Moss’s question, Mr. Goldstein clarified the Grahams were still required to pay for the connection and other associated costs. Commissioner Suarez noted that, if unprecedented, it would set a precedent. In response to Commissioner Suarez’s request for additional clarification, Mr. Goldstein reiterated that the comprehensive plan required the County to provide the water reservation for this development; but from the precedence stand point, this was extraordinarily unique circumstances. Pursuant to Commissioner Suarez’s question regarding the rationale for this requirement, Mr. Renfrow explained that the City of Hialeah was annexing the subject land at the time the plant was to be built; and the State of Florida Department of Community Affairs (DCA) had required the construction of the RO Plant if the City wished to annexed the land and develop it. Pursuant to Commissioner Suarez’s inquiry, Mr. Goldstein advised it was not part of the State of Florida Development of Regional Impact (DRI) process. Commissioner Suarez commented he was satisfied with the explanation for uniqueness, but he was not convinced about the uniqueness of the circumstances. Pursuant to Chairman Zapata’s inquiries, Mr. Goldstein responded the property was about 350 acres; and this action would not increase the value of the subject property significantly. Mr. Renfrow commented the wells would be built along an easement together with infrastructure pipes necessary for the water treatment plant. Mr. Goldstein noted the Grahams felt the development of the wells would make the site unattractive, and it would create a problem to have the property developed; therefore, the wells would not increase the property value. Pursuant to Chairman Zapata’s question, Mr. Goldstein advised the Declaration would run and transfer with the land in the event the property was sold. Upon conclusion of the foregoing discussion, the members of the committee proceeded to vote.

County Attorney 2/25/2013 Referred Infrastructure & Capital Improvements Committee 3/12/2013

County Attorney 2/25/2013 Assigned Henry N. Gillman 2/26/2013

Legislative Text


TITLE
RESOLUTION RESERVING 100,000 GALLONS PER DAY OF POTABLE WATER CAPACITY FOR A 20-YEAR PERIOD TO SERVE PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 40 EAST AND RECOGNIZING THAT THE GRAHAM COMPANIES HAS USED REASONABLE GOOD FAITH EFFORTS TO COMPLY WITH WATER CONSERVATION AND RE-USE PROVISION OF DECLARATION OF RESTRICTIONS

BODY
WHEREAS, on or about June 21, 2006, Miami-Dade County (the ''County'') and the City of Hialeah (the ''City'') entered into a Joint Participation Agreement (''JPA'') to design, construct and operate a reverse osmosis water treatment plant (the ''RO Plant''); and
WHEREAS, the purpose of the RO Plant is to meet alternative water supply requirements in the County’s 20-year Consumptive Use Permit issued by the South Florida Water Management District and to address the State of Florida Department of Community Affairs’ Objections, Recommendations, and Comments Report for Miami-Dade County Amendment 061 dated February 20, 2006; and
WHEREAS, the City is responsible for the design, construction and operation of the RO Plant and the County shares equally with the City in the costs of the RO Plant; and
WHEREAS, the City, in consultation with the County, made diligent inquiries to identify appropriate locations for suitable well locations (the ''Well Sites'') to serve the RO Plant in accordance with the JPA and determined that four Well Sites (''Property Well Sites'') and sufficient land to provide access thereto (the ''Road Property'') is the best alternative to serve the RO Plant, which Property Well Sites and Road Property are owned by The Graham Companies, a Florida corporation (''Graham'') and are located within property legally described in Exhibit ''A'' (the ''Property'') owned by Graham and affiliates of Graham (collectively, the ''Owner''); and
WHEREAS, the Property is included within the land that constituted Application No. 5 that was part of the April 2005 cycle to amend the Miami-Dade County Comprehensive Development Master Plan, which was approved by Miami-Dade County in April of 2006 and was referenced by the State of Florida Department of Community Affairs as Miami-Dade County Amendment No. 06-1; and
WHEREAS, in April of 2006, the Owner of the Property executed a Declaration of Restrictions which is recorded in OR Book 24479, at page 689 of the Public Records of Miami-Dade County, Florida (the ''Declaration''), a copy of which is attached hereto as Exhibit ''B'', which provides, in part:
Water Conservation and Re-Use. Owner hereby agrees to use its reasonable good faith efforts to work with the City of Hialeah and the applicable State of Florida, regional, and Miami-Dade County agencies charged with regulating potable water consumption and quality to address the issue raised by the State of Florida Department of the Community Affairs in the Objections, Recommendations, and Comments Report for Miami-Dade County Amendment 06-1 dated February 20, 2006, relative to the availability of an adequate potable water supply to serve the Property, to the extent that development of the Property pursuant to the Owner's Request will result in increased water consumption. The Owner also agrees that, prior to site plan approval for the development of the Property, Owner shall provide the County with reasonable assurances, satisfactory to the County, that there is adequate potable water supply available to serve the development of the Property pursuant to its site plan approval application; and

WHEREAS, in satisfaction of the foregoing provision of the Declaration, the Owner has provided certain temporary easements (''Temporary Easements'') to the City as the responsible party for the construction of the RO Plant and agreed to convey the Property Well Sites and the Road Property to the City (''Conveyance'') for access to, and the installation and operation of, the four Property Well Sites; and
WHEREAS, the Property Well Sites and the Road Property to be conveyed to the City are legally described in Exhibit ''C'' and referred to as the ''Conveyance Property''; and
WHEREAS, upon conveyance of the Conveyance Property to the City, the Owner will have used its reasonable good faith efforts to work with the City and County under the requirements of the Declaration; and
WHEREAS, following the Conveyance, the remaining portion of the Property is legally described in Exhibit ''D'' (''Remaining Property''); and
WHEREAS, in consideration of its good faith efforts to its detriment, the Temporary Easements and the Conveyance, all for the benefit of the joint RO Plant project of the County and City, the Owner has requested that the County reserve sufficient potable water capacity to serve the Remaining Property, which based on the estimated development program at the time that the Owner executed and proffered the Declaration to the County is 100,000 gallons of potable water per day (the ''Water Reservation''); and
WHEREAS, the reservation of 100,000 gallons of potable water per day for the Remaining Property reserved by this Resolution provides the County with reasonable assurances that there is and will be adequate water supply available to serve the development of the Remaining Property at the time of site plan approval in satisfaction of the requirements set forth above in the Declaration, provided, however, that notwithstanding satisfaction of the requirements set forth in the Declaration, to the extent that the development plan at the time of site plan approval contains uses exceeding 100,000 gallons of potable water per day, such additional marginal capacity is not reserved by this Resolution and must be reserved at the time, if available, in accordance with laws and regulations in effect at that time; and
WHEREAS, the Owner has requested that the County grant the Water Reservation, with the Water Reservation expiring twenty (20) years from the Conveyance, unless extended by a standard water and sewer service agreement between the Owner and the agency with appropriate jurisdiction within said twenty (20) year period; and
WHEREAS, this action reserving potable water capacity to serve the Remaining Property does not relieve the Owner of its obligations to otherwise comply with all appropriate laws relative to its design, installation and actual connection of the Remaining Property to the County's water and sewer system, including the payment of the connection charges and impact fees in effect at the time of connection; and
WHEREAS, the Owner recognizes that the County is granting this Water Reservation and makes these findings concerning the Declaration contingent on the Conveyance; and
WHEREAS, the County recognizes that the Owner (a) would not complete the Conveyance without the Water Reservation; (b) that the Water Reservation and findings relative to the Declaration are important consideration for the Owner in this transaction; (c) the Water Reservation is consistent with the County’s adopted Comprehensive Development Master Plan (CDMP) Policies CIE-5C and WS-6F which provide that it is the County’s policy to use water generated from the RO Plant first to satisfying the total potable water demand from development of the site of Application No. 5; and (d) that the Owner, therefore, is entering into agreements with the City in good-faith reliance upon this action of the County granting the Water Reservation and acknowledging compliance by Owner with the terms of the Declaration,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The above recitals are incorporated herein and made a part hereof by reference.
Section 2. In consideration of The Graham Companies conveying the Conveyance Property at the appraised value to the City to serve the RO Plant, which Conveyance is in the public interest, Miami-Dade County through the Miami-Dade Water and Sewer Department shall reserve 100,000 gallons of potable water per day (''Water Reservation'') for the beneficial use of future development of the Remaining Property. The Water Reservation will take effect automatically upon the Conveyance of the Conveyance Property to the City and shall expire twenty (20) years from the date of said Conveyance (the ''Term''). The Water Reservation may be extended beyond the Term in accordance with the laws and regulations in effect at that time. Such long term Water Reservation is unique to the subject circumstances and shall not serve as any precedent for future requests for long-term water reservations.
Section 3. The Board recognizes that Owner has complied with the good-faith obligations imposed in the Water Conservation and Re-Use portion of the Declaration and that the Water Reservation will satisfy the reasonable assurance provision of the Declaration, and the Board recognizes that Owner is relying upon this Resolution in its decision to proceed with the Conveyance.
Section 4. The County Mayor or Mayor's designee has authority to take appropriate actions and execute any necessary documents to implement this Resolution following approval of such documents for legal sufficiency by the County Attorney’s Office.



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