AGENDA MEMORANDUM

 

 

Meeting Date:           January 25, 2010

 

From:                          Christopher T. Edwards, CRA Coordinator

                                    Carver Heights/Montclair Area Community Redevelopment Agency

 

Subject:                      Resolution authorizing approval for State of Florida Brownfield Designation of the Carver Heights/Montclair Community Redevelopment Area (CRA)

 

 

Staff Recommendation:

Staff recommends approval to submit notification to the Florida Department of Environmental Protection to designate Carver Heights/Montclair CRA as a “Brownfield” area.

 

Analysis:

The Brownfield Designation was established to provide financial and non-financial assistance to local governments. A designation will incorporate the necessary tools to facilitate rehabilitation in areas needing additional incentives to stimulate private and public redevelopment.  The following financial incentives are offered:

 

1. $2,500 Job Bonus Refund per new job created,

2. Sales Tax Credit on Building Material,

3. Loan Guarantee Program,

4. Voluntary Clean Up Tax Credit,

5. Expedited Permitting and Cleanup Liability Protection.  

 

In addition to the financial incentives, the designation incorporates benefits such as; provision of rehabilitation, economic development, redevelopment, and environmental remediation when determined to be necessary. 

                       

There is no cost to the City of Leesburg to establish a State Brownfield Designation or cost to the property owners within the designated area.  The City bares no responsible costs and liabilities associated with site remediation, rehabilitation, economic development, or source removal by private sector development, as defined in Section 376.77 – 376.85, Florida Statues, unless the City specifically designates itself as a responsible person pursuant to Section 376.80(3), Florida Statues (2003).

 

 

 

 

Options:

1.  Approve the resolution to submit notification of the City’s decision to designate the Carver Heights/Montclair CRA as a Brownfield Area.

2.  Such alternative action as the City Commission may deem appropriate.

 

Fiscal Impact:

No cost to the City of Leesburg to obtain State of Florida Brownfield Designation of the CRA.

 

 

 

Submission Date and Time:    1/20/2010 5:50 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. _____JB___________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

RESOLUTION NO._______________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, DESIGNATING THE CARVER HEIGHTS/ MONTCLAIR COMMUNITY REDEVELOPMENT AREA IN LEESBURG, FLORIDA AS A BROWNFIELD AREA FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION, REHABILITATION, AND ECONOMIC DEVELOPMENT; AUTHORIZING THE CITY CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            WHEREAS, the City of Leesburg established a Community Redevelopment Area pursuant to Ch. 163.355, Florida Statues, pursuant to Resolution 90-39 as depicted on Exhibit “A”, and;

 

WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as Section 376.77 – 376.85, Florida Statutes, as amended, for the designation by resolution of certain lands depicted on Exhibit “A” as a “Brownfield Area”, for the corresponding provision of rehabilitation, economic development, and environmental remediation (when determined to be necessary), for such areas; and

 

WHEREAS, the City of Leesburg wishes to notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for remediation, rehabilitation, and economic development for the purposes set forth in Section 376.77-376.85, Florida Statues, as amended; and

 

WHEREAS, The City of Leesburg has followed the procedures set forth in Section 166.041, Florida Statues (2003), including notice and hearing in accordance with sections 376.80(1) and 166.041(3) (c)2, Florida Statues (2003).

 

BE IT FURTHER RESOLVED that the area described in Exhibit “A”, attached hereto and incorporated herein by reference, is hereby designated as the Carver Heights/ Montclair Community Redevelopment Area in Leesburg, Florida, as a Brownfield Area for environmental remediation, and economic development as set forth in Section 376.77 – 376.85, Florida Statues (2003), under the following terms and conditions:

 

a.       The City of Leesburg shall designate at the later time the entity or entities responsible for the remediation and rehabilitation of the Brownfield Area, or certain portions thereof, pursuant to Section 376.80(3), Florida Statues.  The designation of a responsible entity shall not render the City of Leesburg responsible of the costs and liabilities associated with site remediation, rehabilitation, economic development, or source removal, as those terms are defined in Sections 376.77 – 376.85, Florida Statutes, unless the City of Leesburg specifically designates itself as a responsible person pursuant to Section 376.80(3), Florida Statues.

 

b.      The designation of the Brownfield Area by this Resolution does not, by itself, render the City of Leesburg responsible for the cost and liabilities associated with site remediation, economic development, or source removal, as those terms are defined in Section 376.77 – 376.85, Florida Statues, unless the City of Leesburg specifically designates itself as a responsible person pursuant to Section 376.80(3), Florida Statues (2003).

 

c.       Nothing in this Resolution shall be deemed to prohibit, limit, or amend the authority and power or the City of Leesburg, otherwise legally available, to designate any other property or properties as a Brownfield Site or Brownfield Area, or to modify, amend, or withdraw the designation as established herein.

 

BE IT FURTHER RESOLVED that in accordance with section 376.80(1), Florida Statues (2003), the City Clerk is hereby authorized to notify the Florida Department of Environmental Protection of the City of Leesburg’s decision to designate this Brownfield Area for the purposes of remediation, rehabilitation, and economic development.

 

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _25th____ day of _January________ 2010.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

__________________________

City Clerk