2000-23863 RESO
RESOLUTION No. 2000-23863
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO NEGOTIATE AND EXECUTE A CONSENT AGREEMENT WITH
THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT TO ESTABLISH AN INTERIM FACILITY
OPERATIONS PLAN FOR THE CITY'S SOLID WASTE MANAGEMENT
FACILITY, PENDING REGULATORY AGENCY APPROVAL OF THE FACILITY
RENOVATION PLANS AND OPERATING PERMIT APPLICATION.
WHEREAS, since the early 1930's the City of Miami Beach ("City") has operated a
solid waste management facility, commonly known as "the 28th Street Stash Site", in an
enclave within the grounds of the Bayshore Golf Course at 28th Street and North Meridian
Avenue; and
WHEREAS, the Site was designated as a local disposal facility for residents,
landscapers and contractors to dispose of yard trash, construction and demolition debris, bulky
trash items and white goods; and
WHEREAS, the Site has also been used by the City for temporary storage of trash
collected by City crews (Parks, Sanitation, Property Management & Public Works
Departments) while performing routine maintenance of City facilities, parks and right-of-ways
and by the City and/or its contractors for the temporary storage of trash collected under the
City's residential bulk trash collection program; and
WHEREAS, the Miami-Dade County Department of Environmental Resources
Management (DERM) has taken the position that the City can no longer continue to operate
the 28th Street facility without obtaining a Solid Waste Management Facility Permit and
instituting new environmental controls to retain stormwater and to prevent potential impacts
to the groundwater from contaminated leachate from stored wastes; and
WHEREAS, the DERM has ordered the City and Onyx Corporation, the City's
residential bulk trash collection contractor, to cease the use of the facility, until the facility
renovation plans and permit application have been approved; and
WHEREAS, the loss of the use of the facility for the six to nine month period that
will be required to obtain the necessary permits and implement the facility renovations is a
major problem for our community because there are no alternative facilities available; and
WHEREAS, the loss of the use of our community's facility has nearly curtailed our
ability to provide bulk trash collection services to our residents; and
WHEREAS, the disruption of the facility operations is costing the City and our
sanitation contractor approximately $100,000 per month in additional costs and lost revenues;
and
WHEREAS, the DERM has indicated that they would be willing to allow the City and
Onyx to resume their use of the facility on an interim basis, provided that the City agrees to
1) obtain the necessary permits, 2) implement the required facility improvements, and 3) enter
into a Consent Agreement with the DERM which memorializes our agreements, establishes
conditions for the interim operations of the facility and imposes penalties for bad faith or
noncompliance on part of the City.
WHEREAS, any delay in addressing this problem will further exacerbate this crisis.
NOW, THEREFORE, BE IT nUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager
and City Attorney are hereby authorized to negotiate and execute a Consent Agreement with
the Miami-Dade County Department of Environmental Resources Management to establish
an interim facility operations plan for the City's solid waste management facility, pending
regulatory agency approval of the facility renovation plans and operating permit application.
Passed and Adopted this 12th day of April, 2000.
.fA
MAYOR
ATTEST:
_~~o lu-t r r GlUl-
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Ity omey DaM
CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 2 '1 {~ -00
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy ~
City Manager
DATE: April 12, 2000
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE A
CONSENT AGREEMENT WITH THE MIAMI-DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
TO ESTABLISH AN INTERIM FACILITY OPERATIONS PLAN FOR
THE CITY'S SOLID WASTE MANAGEMENT FACILITY, PENDING
REGULATORY AGENCY APPROVAL OF THE FACILITY
RENOVATION PLANS AND OPERATING PERMIT APPLICATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In the early 1930's, the City developed a solid waste management facility in an enclave within the
grounds of the Bayshore Golf Course at 28th Street and North Meridian Avenue. The facility is
commonly known as "the 28th Street Stash Site".
The Site was designated as a local disposal facility for residents, landscapers and contractors to
dispose of yard trash, construction and demolition debris, bulky trash items and white goods. The
Site has also been used by the City for temporary storage of trash collected by City crews (Parks,
Sanitation, Property Management & Public Works Departments) while performing routine
maintenance of City facilities, parks and right-of-ways. In addition, the site has also been used by
the City and/or its contractors for the temporary storage oftrash collected under the City's residential
bulk trash collection program.
Physical improvements to the site have been minimal. The site consists of a partially paved lot with
chain-link perimeter fence and a partially landscaped berm along the northern and western
AGENDA ITEM C 1-l{
DATE~-OO
boundaries. Trash brought to the site was dumped to the ground and stored in piles, prior to being
loaded into trucks for transportation to the landfill. Over the years, environmental agency
regulations have been established to control solid waste facilities and as a result, the City has had
to modify the facility operations accordingly (ie, prohibiting waste discharges to ground and
providing containers for waste accumulation). However, the regulations have progressed to the point
where the Miami-Dade County Department of Environmental Resources Management (DERM)
believes we can no longer continue to operate the 28th Street facility without instituting new
environmental controls to retain storm water and to prevent potential impacts to the groundwater
from contaminated leachate from stored wastes. The DERM is also requiring that City obtain a
Solid Waste Management Facility Permit in conjunction with the environmental improvements to
the facility. Furthermore, the DERM has ordered the City and Onyx Corporation, the City's
residential bulk trash collection contractor, to cease the use of the facility, until the facility
renovation plans and permit application have been approved.
While the Administration supports the DERM's intentions, and is evaluating design and financing
options for implementing the required facility renovations, the loss of the use of the facility for the
six to nine month period that will be required to obtain the necessary permits and implement the
facility renovations is a major problem for our community. Since there are no alternative County
or private facilities available, the loss of the use of our community's facility has nearly curtailed our
ability to provide bulk trash collection services to our residents. As a result, a six to eight week
back-log of scheduled bulk collections now exists. To expedite the removal of the back-logged
trash, Onyx has brought in additional equipment and crews from the City's Sanitation Department
have been assigned to residential bulk trash collection. These special services, added equipment and
the disruption of the facility operations are costing the City and Onyx approximately $100,000 per
month in additional costs and lost revenues.
Since these regulatory agency requirements have coincided with the City's planned renovation of
the adjacent golf course and the expiration of the contracts for residential garbage collection and
operation of the 28th Street facility, the Administration is currently reviewing the options for
modernizing the facility, opportunities to install additional landscape enhancements to further buffer
the facility from the surrounding neighborhood, and options for restructuring the Facility Operations
Agreements to improve the quality of services provided to our residents. Preliminary estimates of
the cost to renovate the facility and install "buffering" enhancements around the facility range from
$500,000 to $750,000. The Finance and Citywide Projects Committee is evaluating the potential
funding options for the required facility improvements.
The City has been working closely with the staff ofthe DERM's Solid Waste Management Division
to resolve our current crisis situation, as well as determining the best course of action for the long
term. The DERM has indicated that they would be willing to allow the City and Onyx to resume
their use of the facility on an interim basis, provided that the City agrees to 1) obtain the necessary
permits, 2) implement the required facility improvements, and 3) enter into a Consent Agreement
with the DERM which memorializes our agreements, establishes conditions for the interim
operations of the facility and imposes penalties for bad faith or noncompliance on part of the City.
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Because any delay in addressing this problem will further exacerbate this CrISIS, the City
Commission should adopt the attached Resolution and authorize the City Manager and City Attorney
to negotiate and execute a Consent Agreement with the Dade County Department of Environmental
Resources Management to establish an interim operating agreement which would allow the City and
Onyx to resume use of the facility on a limited basis until such time as the required facility
improvements can be completed.
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