Description: AGENDAHED.JPG

Item No:                    5E.

 

Meeting Date:           March 25, 2013

 

From:                          Betty Richardson, City Clerk

 

Subject:                      Resolution repealing Resolution 8941 and authorizing execution of a Declaration of Restrictive Covenant with FDEP

 


Staff Recommendation:

Staff recommends repealing Resolution 8941 and execution of a second 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:

The Declaration of Restrictive Covenant with the FDEP was approved November 14, 2011, by Resolution 8941.  All signatures had to be affixed prior to recording the agreement and the Clerk’s office sent the signature pages to the FDEP for execution.  This item has been back and forth and also misplaced. Because of the length of time, the required advertisement had to be published again, with a thirty day wait for comments, and the name and information change of the Bureau Chief have been completed.

 

The only restriction imposed by the document is that no water may be withdrawn from the site and if any excavation is done on site, it will require steps to capture any ground water to prevent its migration offsite.

 

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:    3/21/2013 8:26 AM____

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. __________________                                     

                              

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, REPEALING RESOLUTION 8941, APPROVED nOVEMBER 14, 2011 AND 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 _25th____ day of _March,___ 2013.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

___________________________________

City Clerk