HomeMy WebLinkAboutR-96-000910'1 r11,111
J-96-77
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONSENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT (DERM) TO RESOLVE A LETTER OF
VIOLATION ISSUED BY DERM ON MAY 13, 1993,
ALLEGING THE DESTRUCTION OF, OR IMPACT TO,
1.5 ACRES OF COASTAL WETLANDS AT THE VIRGINIA
KEY BURNSITE FOLLOWING HURRICANE ANDREW AND
REQUIRING RESTORATION OF THE DAMAGED 1.5
ACRES AND MITIGATION OF AN ADDITIONAL 3.0
ACRES, THEREBY UTILIZING CITY OF MIAMI
MANPOWER AND EQUIPMENT FOR THE PERFORMANCE OF
IN -KIND SERVICES VALUED AT APPROXIMATELY
$60,000.00 AND ALLOCATING FUNDS THEREFOR FOR
SAID SERVICES FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT NO. 620103-661.
WHEREAS, on September 26, 1992, during the burning operation
of vegetative debris at Virginia Key, then being performed by the
City's contractor, Kostmayer Construction Company (through a
subcontract with Graves Wrecking and Salvage, Inc.), the fire in
the burn pits escaped to the debris piles causing a massive
uncontrolled fire at the burn site; and
WHEREAS, the flames and heat from the uncontrolled fire, in
addition to efforts by Graves Wrecking and Salvage, Inc., to
extinguish it, resulted in approximately 1.5 acres of coastal.
wetlands being impacted or destroyed at the site; and
�ATTACHMENT (S)
•,`CONTAINED
CITY COMMISSION
MEETING OF
JAN 2 5 1996
Aesolutlon NQ.
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WHEREAS, on May 13, 1993, Metropolitan Dade County
Department Of Environmental Resources Management (DERM), issued a
Letter of Violation requiring the City to restore the impacted or
damaged 1.5 acres, and to mitigate an additional 3.0 acres of
mangrove wetlands at an on -site location on a 2:1 ratio; and
WHEREAS, the out-of-pocket costs and expenses to the City,
for resolving this alleged violation, including the retention of
the environmental consulting firm and the in -kind services
provided for in the Consent Agreement, has previously been
determined not to be eligible for FEMA reimbursement due the
City's requirement in its Vendor Agreement that the contractor,
Kostmayer Construction Company, Inc., have insurance coverage for
property damages arising out of the vendor's services; and
WHEREAS, the City Attorney is presently prosecuting a claim
in the United States District Court, Case No. 94-2463-CIV-
FERGUSON, against the contractor, Kostmayer Construction Company,
Inc., for said damages; and
WHEREAS, the City has the duty to mitigate its damages; and
WHEREAS, the Administration, through the City's outside
environmental consultant Coastal Systems
I, yste s International, Inc.,
has negotiated the attached Consent Agreement with DERM for the
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complete resolution of the alleged violation described above,
thereby involving the utilization of City manpower and equipment
for the performance of in -kind services valued at approximately
$60,000.00, with funds available for said services from the Self -
Insurance and Insurance Trust Fund, Account No. 620103-661;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into a Consent Agreement, in substantially the attached
form, with Metropolitan Dade County Department of Environmental
Resources Management (DERM), to resolve a Letter of Violation
issued by DERM on May 13, 1993, alleging the destruction of, or
impact to, 1.5 acres of coastal wetlands at, or near, the
Virginia Key burnsite following Hurricane Andrew, requiring
restoration of the damaged 1.5 acres, and mitigation of an
additional 3.0 acres, thereby utilizing City of Miami manpower 4
and equipment for the performance of in -kind services valued at
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approximately $60,000.00, with funds therefor hereby allocated
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for said services from the Self -Insurance and Insurance Trust
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Fund, Account No. 620103-661.
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Section 3. This Resolution shall become effective
immediately upon its adoption. E
PASSED AND ADOPTED this 25th day of January 1996.
STIFPHEN P. CLAR , MAYOR
ATTEST:
i
WALTER J CITY CLERK
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RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
FINANCIAL AND BUDGETARY REVIEW:
MANOHAR S. SUR
ASSISTANT CITY
PREPARED AND -APPROVED BY:
EN BITTNER
STANT CITY ATTORNEY
PROVED AS TO FORM AND CORRECTNESS:
W551/WB/i6jr/bss
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DADE COUNTY DEPARTMENT OF }
ENVIRONMENTAL RESOURCES )
MANAGEMENT )
Complainant, } CONSENT AGREEMENT
V. }
CITY OF MIAMI )
}
Respondent. )
THIS AGREEMENT, entered into by and between METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (herein
referred to as DERM) and the CITY OF MIAMI (hereinafter referred to as the CITY) pursuant
to Section 24-5(15)(c) Metropolitan Dade County Environmental Protection Ordinance shall
serve to redress alleged violations of Chapter 24-58(1) of the Code of Metropolitan Dade County
at the site located at, near, or in the vicinity of the CITY' S Yard Trash Management
(Composting) Facility, Dade County, Florida. The CITY and DERM admit the following:
FINDINGS OF FACT
1. DERM is an Agency of Metropolitan Dade County, a political subdivision of the
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State of Florida which is empowered to control and prohibit pollution and protect the
environment within Dade County pursuant to Article VIII, Section 6, of the Florida Constitution,
the Dade County Home Rule Charter and Section 403,182 of the Florida Statutes; and
2. Representatives of DERM inspected the subject site owned by the CITY on
October 6, 1992, and found that approximately 1.5 acres of coastal wetlands had been impacted
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DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES
MANAGEMENT
Complainant,
V.
CITY OF MIAMI
Respondent.
CONSENT AGREEMENT
THIS AGREEMENT, entered into by and between METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (herein
referred to as DERM) and the CITY OF MIAMI (hereinafter referred to as the CITY) pursuant
to Section 24-5(15)(c) Metropolitan Dade County Environmental Protection Ordinance shall
serve to redress alleged violations of Chapter 24-58(l) of the Code of Metropolitan Dade County
at the site located at, near, or in the vicinity of the CITY'S Yard Trash Management
(Composting) Facility, Dade County, Florida. The CITY and DERM admit the following:
FINDINGS OF FACT
1. DERM is an Agency of Metropolitan Dade County, a political subdivision of the
State of Florida which is empowered to control and prohibit pollution and protect the
environment within Dade County pursuant to Article VIII, Section 6, of the Florida Constitution,
the Dade County Home Rule Charter and Section 403.182 of the Florida Statutes; and
2. Representatives of DERM inspected the subject site owned by the CITY on
October 6, 1992, and found that approximately 1.5 acres of coastal wetlands had been impacted
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or destroyed. All of this work occurred in an emergency situation, without a Class I Permit in
unintentional violation of Section 24-58(1) of the Metropolitan Dade County Code; and
3. DERM issued the CITY a letter on May 13, 1993, for the unauthorized wetlands
destruction, and
4. The CITY hereby agrees to the terms of this Agreement without either admitting
or denying the allegations made by the DERM in the letter issued in conjunction with this cause;
and
5. In an effort to expeditiously resolve this matter on the subject site, to ensure
compliance with Chapter 24 of the Metropolitan Dade County Code, and to avoid time-
consuming and costly litigation, the parties hereto stipulate and agree to the following, and it is
Ordered:
MITIGATION
6. The CITY agrees to perform in -kind services for DERM on Virginia Key. The
approximate value of the in -kind services in paragraphs 6(b) & (c) herein is $60,000.00. The in -
kind services consist of the following:
a) The excavation of fill of 1.75 acres of the subject site on Virginia Key shown in the
attached Exhibit A as the "Limits of 1993/1995 Upland Scrapedown." This area
has been lowered and graded to an elevation that is suitable for the natural growth
of mangrove trees. The City will grade and dress the bank slopes and modify
planting area elevations along the Easterly and Southerly limits of this area to
DERM's satisfaction. DERM shall assume the responsibility to perform any
further mitigation and restoration work that it deems necessary, including, but not
limited to, engineering, surveying and planting, and the CITY gives its consent for
CONSENT AGREEMENT
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DERM to enter said lands for these purposes. This work shall be completed to
DERM's satisfaction within one hundred eighty (180) days of the effective date of
the Agreement, or within such time as may be mutually agreed in writing; and
b) The excavation and disposal of fill on a tract of land on the north end of Virginia
Key at the area designated on the attached EXHIBIT B as the "New Mangrove
Restoration Area." This area shall be lowered and graded to an elevation that is
suitable for the natural growth of mangrove trees, approximately 1.0 NGVD. This
work shall be completed to DERM's satisfaction within one hundred eighty (180)
days of the effective date of this Agreement, or within such time as may be
mutually agreed in writing; and
c). The transport to, placement of, and final grading and dressing (to the satisfaction
of DERM) of dredge spoil sand on an area of shoreline at the north end of Virginia
Key, at the area designated on the attached EXHIBIT B as the "New Beach
Plantings"). DERM shall assume the responsibility to perform any further
mitigation and restoration work that it deems necessary, including, but not limited
to, engineering, surveying and planting, and the CITY gives its consent for DERM
to enter said lands for these purposes. Only such material clearly exposed on the
adjacent spoil mound of apparent beach quality material free of rocks, or beach
quality material from the Bear Cut Water & Sewer Department Mitigation Project,
shall be excavated, transported and placed along said shoreline. This work shall be
completed to DERM's satisfaction within one hundred eighty (180) days of the
effective date of this Agreement, or within such time as may be mutually agreed in
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writing; and
VIOLATION OF REQUIREMENTS
7. If the CITY fails to comply with any of the time limits in Paragraphs No. 6a, 6b or
6c above, the CITY shall pay DERM a penalty of $100.00 for each and every day that the
deadline for compliance is exceeded; and
S. This Agreement constitutes a lawful order of the Director, Environmental
Resources Management and is enforceable in a civil court of competent jurisdiction. Failure of
the CITY to meet any of the above referenced requirements will subject the CITY to all
applicable enforcement and penalty provisions of the Dade County Code; and
9. DERM, for, and in consideration of, the timely and complete performance by the
CITY of the stipulations agreed to herein, hereby waives its rights to seek judicial imposition of
damages, or civil or criminal penalties for the violations of Chapter 24 of the Metropolitan Dade
44 County Code which allegedly occurred on the subject property on or prior to May 13, 1993.
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10. The terms of this Agreement are not subject to review pursuant to Section 24-6 of
the Code of Metropolitan Dade County, Florida; and
CONSENT AGREEMENT
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11. This Agreement shall become effective on the date of execution by the Director of
Environmental Resources Management, after execution by the CITY.
IN WITNESS WHEREOF BOTH PARTIES HERETO HAVE EXECUTED
THESE PRESENTS ON OR BEFORE THIS DAY OF
1995.
Attest: CITY OF MIAMI, a municipal
corporation
Walter Foeman CESAR H. ODIO Date
City Clerk City Manager
Approved as to form and
correctness:
A. Quinn Jones, III
City Attorney
STATE OF FLORIDA)
ss:
COUNT' OF DADE )
BEFORE ME, the undersigned authority, personally appeared CESAR H. ODIO, who
after being duly sworn, deposes and says that he, on behalf of the CITY OF MIANE, has read and
agrees to the foregoing.
SWORN TO AND SUBSCRIBED before me this day of , 1995.
My Commission Expires: _
Signature of NOTARY PUBLIC
STATE OF FLORIDA
Type, Print or Stamp name of
Notary Public
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CONSENT AGREEMENT
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DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES
MANAGEMENT
By:
JOHN W. RENFROW, P.E. Date '
Director
STATE OF FLORIDA)
ss:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared JOHN W. RENFROW,
P.E., who after being duly sworn, deposes and says that he, on behalf of DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT, has read and agrees
to the foregoing.
SWORN TO AND SUBSCRIBED before me this day of , 1995.
My Commission Expires:
Signature of NOTARY PUBLIC
STATE OF FLORIDA
Type, Print or Stamp name of j
Notary Public
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CONSENT AGREEMENT
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EXHIBIT A
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N O A N I S C U T
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EXHIBIT B
1 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CA=15.
7.Honorable Mayor and Members January 8, 1996 LC-94-330
J of the City Commission DATE E��` J-96-77
Resolution Authorizing Execution
SUBJECT
of Consent Agreement with DERM
�i/% Case No.: 94-2436 CA 32
FROM, f.QQ uiI n Jo es III;
City Attorn REFERENCES-CityCommission Agenda
ENCLOSURES. January 25, 1996
(1)
Attached is a proposed Resolution authorizing the City Manager to enter into a consent agreement
with Metropolitan Dade County Department Of Environmental Resources Management (DERM), in
substantially the form attached thereto, to resolve a Letter of Violation issued on May 13, 1993,
alleging the destruction of, or impact to, 1.5 acres of coastal wetlands at, or near, the Virginia Key
burnsite following Hurricane Andrew, which will require restoration of -the damaged 1.5 acres, and
mitigation of an additional 3.0 acres, thereby utilizing City of Miami manpower and equipment for the
performance of in kind services valued at approximately $60,000.00, with funds available for said
services from the Self -Insurance and Insurance Trust Fund, Account No. 620101-661.
DERMNI EM.DOC
Attachment