AGENDA MEMORANDUM

Meeting Date:           November 14, 2011

From:                          James Feagle, Deputy Director of Public Works

Subject:                      Resolution authorizing execution of a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection in support of Conditional Closure of 413 East North Boulevard monitoring facility

Staff Recommendation:

Staff recommends execution of a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection (FDEP) in order to receive a Conditional Site Rehabilitation Completion Order (SRCO) from the Bureau of Petroleum Storage system (PBSS) at 413 East North Boulevard monitoring facility.

Analysis:

A contamination assessment authorized by the City of Leesburg for the old Public Works yard at 413 East North Boulevard took place in the late 1990’s because of proposed expansion of the current fleet facility.  During the contamination assessment, a review of the Lake County Water Management Department files provided information that underground petroleum storage tanks were removed or abandoned in place at this site in October, 1989.  Also, based on the review of a 1989 report, a preliminary contaminant assessment and initial remedial action were conducted at the time of the removal of the petroleum storage tanks.  The report stated that contaminated soil was removed as part of the initial remedial activities.  A compliance checklist conducted by Lake County in 1990 indicated that contamination in the soil and groundwater were reported in the preliminary contamination assessment.

In 2004, the City of Leesburg Public Works Department entered into a Petroleum Cleanup Participation Program Agreement with DEP as a course of action for environmental rehabilitation of the site.  This provided the City 75% of the cost for natural attenuation monitoring for the site.

The City retained an environmental engineering consultant from 2005 to 2010 to perform monitoring of the site for natural attenuation of the petroleum contaminants.  The city of Leesburg has now selected the Risk Management Options Level II – A No Further Action with Institutional Controls as the remedial alternative for the site.  The FDEP concurred with the selection and has agreed to issue a Site Rehabilitation Completion Order with Conditions.

Options:

1.  Approval of the Declaration of Restrictive Covenant with the FDEP; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

There is no fiscal impact.

Submission Date and Time:    11/10/2011 2:04 PM____

Department: _Public Works____________ Prepared by:  _James Feagle___________                      Attachments:         Yes_X__   No ______ Advertised:   ____Not Required __X___ Dates:   __________________________                      Attorney Review :       Yes_X_  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. ____JB____________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _N/A_____________ Project No. ___N/A____________ WF No. ___N/A_______________ Budget  __N/A________________ Available _____________________

RESOLUTION NO._______________

A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and City Clerk to execute a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection in support of Conditional Closure of 413 East North Boulevard monitoring facility; and providing an effective date.

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

            THAT the Mayor and City Clerk are hereby authorized to execute an agreement with Florida Department of Environmental Protection whose address is 2600 Blair Stone Road, Tallahassee, FL  32399, for a Declaration of Restrictive Covenant in support of Conditional Closure of 413 East North Boulevard monitoring facility.

 THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _14th____ day of _November,___ 2011.

                                                                            __________________________

                                                                             Mayor

ATTEST:

___________________________________

City Clerk