2018-30216 Resolution RESOLUTION 2018-30216
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO PROCEED WITH DESIGNATING
FOUR CITY PROPERTIES AS GREEN REUSE AREAS
PURSUANT TO FLORIDA'S BROWNFIELDS
REDEVELOPMENT ACT, IN ORDER TO NEGOTIATE AND
EXECUTE A BROWNFIELD SITE REHABILITATION
AGREEMENT AND PREPARE AND FILE A VOLUNTARY
CLEANUP TAX CREDIT APPLICATION.
WHEREAS, a brownfield is a property that is or was previously contaminated and,
based on its previous land use, has been designated as such to recuperate the typically high
costs associated with its assessment, remediation, and redevelopment; and
WHEREAS, the Florida Department of Environmental Protection (FDEP) offers
incentives for the remediation of brownfields; and
WHEREAS, by designating existing contaminated sites as green reuse areas pursuant
to Florida's Brownfields Redevelopment Act, property owners can negotiate and execute a
Brownfields Site Rehabilitation Agreement, allowing them to file a voluntary cleanup tax credit
application for the reimbursement of eligible expenses associated with their restoration, among
other possible benefits; and
WHEREAS, the City of Miami Beach (the "City") owns seven properties with known
contamination, which are required by State and County regulations to be assessed and
remediated; and
WHEREAS, four of these properties (Maurice Gibb Park, the Fleet Maintenance Facility,
the Former Par 3 Golf Course and the Miami Beach Convention Center District) have on-going
assessments and are pending remediation; and
WHEREAS, based upon the number of sites the City shall seek to remediate, the City
Attorney shall then execute a refundable retainer agreement with Michael Goldstein, and the
Goldstein Environmental Law Firm, P.A.; and
WHEREAS, designating these four properties as green reuse areas, negotiating and
executing a Brownfield Rehabilitation Agreement with Miami-Dade County for each, and
preparing and filing a voluntary clean up tax credit application for the same will yield a
substantial return on their assessment and remediation costs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to proceed with designating four city properties as green reuse areas pursuant to
Florida's Brownfields Redevelopment Act, in order to negotiate and execute a brownfield site
rehabilitation agreement and prepare and file a voluntary cleanup tax credit application.
PASSED and ADOPTED this 7 day of /'YI GrC , 2018.
ATTEST:
Dan Gelber, Mayor
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Rafael E. Granado, City Clerk .�� iy q
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T:\AGENDA\2018\03 March\Environmental\RESO_Brownfields.docx
Resolutions - C7 L
MIAMI B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 7, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO PROCEED WITH
DESIGNATING FOUR CITY PROPERTIES AS GREEN REUSE AREAS
PURSUANT TO FLORIDA'S BROWNFIELDS REDEVELOPMENT ACT, IN ORDER
TO NEGOTIATE AND EXECUTE A BROWNFIELD SITE REHABILITATION
AGREEMENT AND PREPARE AND FILE A VOLUNTARY CLEANUP TAX CREDIT
APPLICATION.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
o
MEMO_Brownfields
o Resolution
Page 879 of 1522
MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales
DATE: March 7, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO PROCEED WITH DESIGNATING
FOUR CITY PROPERTIES AS GREEN REUSE AREAS
PURSUANT TO FLORIDA'S BROWNFIELDS REDEVELOPMENT
ACT, IN ORDER TO NEGOTIATE AND EXECUTE A
BROWNFIELD SITE REHABILITATION AGREEMENT AND
PREPARE AND FILE A VOLUNTARY CLEANUP TAX CREDIT
APPLICATION.
BACKGROUND
On January 19, 2018 the Finance and Citywide Projects Committee passed a motion
recommending that the city proceed with designating four city properties (Maurice Gibb Park,
the Fleet Maintenance Facility, the Former Par 3 Golf Course and the Miami Beach Convention
Center District) as green reuse areas pursuant to Florida's Brownfields Redevelopment Act, in
order to negotiate and execute a Brownfield Site Rehabilitation Agreement and prepare and file
a voluntary cleanup tax credit application.
ANALYSIS
A brownfield is a property that is or was previously contaminated and, based on its previous
land use, has been designated as such to help recuperate the typically high costs associated
with its assessment, remediation, and redevelopment. There are four brownfields classifications
which are assigned based on a property's previous land use history: a superfund site, a
petroleum site, a formerly used defense site, and an industrial site. The Florida Department of
Environmental Protection (FDEP) offers incentives for the remediation of brownfields. By
designating existing contaminated sites as green reuse areas pursuant to Florida's Brownfields
Redevelopment Act, the city can negotiate and execute a Brownfields Site Rehabilitation
Agreement with Miami-Dade County, allowing the city to file a voluntary cleanup tax credit
application for the reimbursement of eligible expenses associated with their restoration, among
other possible benefits.
Page 880 of 1522
As of September 2017, the city owns seven properties with known contamination, which are
required by State and County regulations to be assessed and remediated. The seven
contaminated sites are:
1. Maurice Gibb Park (1700 Purdy Avenue)
2. The Fleet Maintenance Facility (140 MacArthur Causeway)
3. The Former Par 3 Golf Course (2300 Pine Tree Drive)
4. The Miami Beach Convention Center District (500 17 Street)
5. The Miami Beach Golf Course Material Recovery Facility (also known as the Green
Waste Facility; 2800 Meridian Avenue)
6. The Miami Beach Golf Course (2301 Alton Road)
7. The Normandy Shores Golf Course (2401 Biarritz Drive)
The status of each property varies depending on when the on-site contamination was
discovered and how much of its respective assessment and remediation activities have been
completed. Staff recommends designating Maurice Gibb Park, the Fleet Maintenance Facility,
the Former Par 3 Golf Course, and the Miami Beach Convention Center District because they
have on-going assessments and are pending remediation, estimated to total over $3.27 million
(Table 1). The remaining three facilities are not being recommended for this designation
because they are already in a monitoring only phase and do not require substantial assessment
or remediation work at this time.
Cost Associated with Miami Beach Contaminated Sites
Recommended for Brownfield Designation by Fiscal Year
FY 2017 FY 2018
Contaminated Site Actual Costs Projected Costs*
Maurice Gibb Park $41,875.03 $800,000
Fleet Maintenance Facility
$4,036.61 $6,000
Former Par 3 Golf Course $0 $2,110,000
Miami Beach Convention Center District $0 $350,000
Totals $48,123.31 $3,266,000
`Estimates for Maurice Gibb Park,Fleet Maintenance and Miami Beach Convention Center District provided by the Environment and
Sustainability Department.Estimate for Former Par 3 Golf Course provided by the Capital Improvement Projects Department.
Designating a contaminated property as a green reuse area requires a complex multi-step
process, including posted signage on each site, the preparation and submittal of detailed
documentation to FDEP, negotiation with Miami-Dade County to execute a Brownfield Site
Rehabilitation Agreement per site, and the formation of a Brownfields Advisory Committee
comprised of a balanced group of stakeholders across sectors. Staff has identified Goldstein
Environmental Law Firm, P.A., an environmental law firm with extensive experience in green
reuse area designation, to lead the process and ensure it goes smoothly. Based upon the
number of sites the city shall seek to remediate, the City Attorney shall then execute a
refundable retainer agreement with Michael Goldstein, and the Goldstein Environmental Law
Firm, P.A. for an estimated $31,500 per property. The cost of these services can be paid from
the remediation budget for each project as it is associated with their completion and will yield a
substantial return on their assessment and remediation costs.
Page 881 of 1522
CONCLUSION
The Administration recommends moving forward with designating all four properties as green
reuse areas; with negotiating and executing a Brownfield Site Rehabilitation Agreement with
Miami-Dade County for each; and, with preparing and filing a voluntary cleanup tax credit
application for the same.
SMT/ESW/MKW
Page 882 of 1522