08-12
RESOLUTION NO. 08-12
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE USE OF UP TO $350,000
FROM FUNDS PROVIDED TO THE CITY BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AS
PART OF THE BROWNFIELDS CLEANUP REVOLVING
LOAN FUND PROGRAM TO PROVIDE FOR THE
CLEANUP OF THE CLEARWATER AUTOMOTIVE SITE
OWNED BY THE COMMUNITY REDEVELOPMENT
AGENCY AND PROVIDING THE BASIS FOR THE
REPAYMENT OF THE FUNDS BY THE REDEVELOPER
OR OTHER PRIVATE ENTITY WHO ULTIMATELY
OCCUPIES THE SITE OR OTHERWISE BY THE CITY,
SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property, located at 205, 317, 319 South Martin Luther King
Avenue and 312 S. Washington Avenue, (the "Site") in the City of Clearwater is located
in a community redevelopment area as lawfully established; and
WHEREAS, a Community Redevelopment Agency has been established and is
authorized to exercise the extensive and broad redevelopment powers contained in the
Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the
"Act"); and
WHEREAS, the City of Clearwater is the custodian of funds and "lending
institution" pursuant to the Brownfields Cleanup Revolving Loan Fund ("BCRLF")
established; and
WHEREAS, the City desires to utilize certain funds to be provided to the City by
the United States Environmental Protection Agency (the "EPA") as part of the
Brownfields Cleanup Revolving Loan Fund (the "BCRLF") to assist the CRA in the
exercise of such redevelopment powers as contained in the Act in order to provide for
the environmental cleanup of the Site so that it is available to developers and other
private parties for economic redevelopment of the site consistent with the Act; and
WHEREAS, such funds will be provided by the EPA to the City as needed to
meet specific expenses properly incurred by the CRA in connection with contracts
entered into directly by the CRA for the environmental cleanup of the Site; and
WHEREAS, the Site is owned by the CRA, which is in a better position to convey
the Site to a developer or other private entity if the CRA provides for the environmental
cleanup of the Site; and
Resolution No. 08-12
WHEREAS, there will be money available within the BCRLF in Account # 181-
99802 for such purposes when needed; and
WHEREAS, the City desires to set forth the basis for the use of such funds as
received from the EPA for the Site and the method of repaying such funds into the
BCRLF; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City is hereby authorized and directed to appropriate funds
available or to be made available by the EPA in the BCRLF, to the CRA in the amount
of up to $350,000.00 for the purposes of providing for the environmental cleanup of the
Site.
Section 2. As part of the use of such funds the City hereby incorporates by
reference the requirements and conditions of the EPA as contained in the Cooperative
Agreement between the City and the EPA in connection with the establishment of the
BCRLF, and summarized in the attached Exhibit 1, including the requirement that the
cleanup be completed within one year of the commencement thereof unless otherwise
extended by the EPA. The City also agrees that it and/or the CRA shall provide in any
contract for such environmental cleanup any language required by the EPA in
connection therewith.
Section 3. The funds so appropriated by the City from the BCRLF and utilized by
the CRA for this purpose shall be repaid to such BCRLF by the City or the CRA either
from: a) amounts repaid to the City or the CRA from the private developer or another
party to whom the CRA ultimately conveys the Site following the environmental cleanup
provided for herein; b) TIF funds; c) the General Fund of the City through budget
appropriations in subsequent years so that such BCRLF may be made available by the
City for the environmental cleanup of the other sites; if the property is unable to be sold
after a reasonable time (within five years of the completion of the environmental
cleanup provided for herein); d) other means legally sufficient and approved by EPA.
Any payment from the City of Clearwater General Fund is subject to the annual
appropriations process.
Section 4. The City agrees that it will require the CRA to in turn require the
developer or other person or entity to whom the Site is conveyed following the
environmental cleanup herein authorized, to pay the City the necessary amount to
repay into the BCRLF the amount appropriated herein for the cleanup of the Site as
part of the Contract for Purchase and Sale.
Section 5. Borrowers and conditions for discounted loans. BCRLF grantees
may offer discounted loans to those entities provided in CERCLA section 104 (k) (1)
including political subdivisions, and others. For an individual loan, the amount of the
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Resolution No 08-12
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principal discounted may be a percentage of the total amount up to 30 percent,
provided that the total amount of the principal forgiven shall not exceed $200,000.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of June
,2008.
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ayor
Approved as to form:
Attest:
Leslie K. Dougall- i s
Assistant City Attor
~,:. 2-. A..~q".
Cyn ia E. Goudeau
City lerk
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Resolution No 08-12
Resolution No. 08 -12
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA
and consistent with the NCP for the percentage of funds originating from EPA.
ELIGIBLE ACTIVITIES
• Clearwater BCRLF pilot funds will be used for environmental cleanup activities on
contaminated redevelopment sites in the City's designated Brownfields area. BCRLF
cleanups will meet the NCP requirements identified for non -time critical cleanup actions -
i.e., cleanup actions for which a planning period of at least 6 months exists. These include
actions associated with removing, mitigating, or preventing the release or threat of a release
of a hazardous substance, pollutant, or contaminant.
• BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat
of a release of hazardous substance, or at sites which pose a substantial danger to the public
health or welfare.
• BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and
necessary during the cleanup process.
• BCRLF funds may be used for costs associated with meeting public participation, worker
health and safety, and interagency coordination requirements.
• BCRLF grantees may offer discounted loans to those entities provided in CERCLA section
104 (k) (1) including states, political subdivisions and others, as well as non profit
organizations. The amount of the principal discounted may be any percentage of the total
loan amount up to 30 percent, provided that the total amount of the principal forgiven shall
not exceed $200,000 per project.
INELIGIBLE ACTIVITIES
• Clearwater BCRLF money from EPA will not be used on site assessment, identification and
characterization, remediation of a naturally occurring substance or public or private drinking
water supplies that have deteriorated through ordinary use; development activities that are
not removal actions (e.g., construction of a new facility, marketing of property, or job
training); remedial actions at sites listed or proposed for listing on the USEPA National
Priorities List remedial actions at sites subject to ongoing Federal or State enforcement
actions or remedial actions at Resource Conservation and Recovery Act (RCRA) permitted
or interim status facilities.
• Clearwater BCRLF money from EPA will not be given to a party which is determined to be a
generator or transporter of contamination at a brownfields site(s) for work on that site.
Resolution No. 08 -12
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Resolution No. 08 -12
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
• EPA BCRLF Pilot funds will not be used to clean up products that are part of the building
structure and result in exposure within the structure.
• EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by
petroleum products, unless they are believed to be co- mingled with a hazardous substance,
pollutant, or contaminant.
OTHER REQUIREMENTS
• BCRLF cleanups will meet the National Contingency Plan public participation requirements
including ensuring the availability of documents, providing adequate public comment
periods, and designating a spokesperson to inform the community of actions concerning the
site.
• Document use of all funds, maintaining records which segregate expenditures from Federal
and non - Federal sources. Federal expenditures are subject to Federal regulations governing
the use of federal money.
• Maintain documentation for a minimum of 10 years after the completion of the cleanup
activity supported by the loan or for the length of the loan, whichever is longer, and obtain
written approval from EPA prior to disposing of records.
• Use of no more than 15 percent of the loan for allowable administrative activities.
• Upon selection of a site for cleanup under the cooperative agreement, provide EPA with a
site description, including: location of site, physical characteristics of site (i.e., geology,
proximity to drinking water supplies), nature of release at site (i.e. contaminant type and
affected media), past response actions at site, and response actions still required at site.
• Prior to the disbursement of funds, an acceptable loan application package must be
completed. This application includes a Memorandum of Agreement with Atlanta DEP. The
Application Package will include BSRA and certification that the response activities have
been coordinated with other State agencies, and will identify the contact names for site
project management and for coordination with the State offices. In addition, the application
package will include a site - specific Community Relations /Involvement Plan, a site - specific
Health and Safety Plan, and a site - specific Quality Assurance Project Plan.
• Projects funded by EPA money through the BCRLF must comply with applicable federal
regulations regarding procurements, conflicts of interest, political activities, and hiring of
personnel; federal, state and local laws, regulations, and ordinances, including the following:
Resolution No. 08 -12
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Resolution No. 08 -12
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
1. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. Section 2000 -d),
which prohibits discrimination on the basis of race, color or national origin;
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which prohibits
discrimination on the basis of handicap;
3. The Age Discrimination Act of 1975, enacted as an amendment to the Older Americans Act
(Public Law 94 -135), which prohibits unreasonable discrimination based on age; and
4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.), which
prohibits discrimination on the basis of sex in education programs and activities, including
those not offered or sponsored by an education institution;
5. Federal Fair Labor Standards Act (29 U.S.C. Section 201) which sets minimum wage and
maximum hours;
6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section 1857, et. seq.) and Section
308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1857, et seq.), as well as
other applicable requirements specified in said Acts and all regulations and guidelines issued
thereunder;
7. Executive Order 11990, relating to the protection of wetlands;
8. Executive Order 11988, relating to flood plain management;
9. National Environmental Policy Act of 1969 (Public Law 91 -190) and Executive Order
11514, Protection and Enhancement of Environmental Quality as amended by Executive
Order 11991;
10. Section 106 of the National Historic Preservation Act of 1966 as amended (15 U.S.C. Section
470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966
(16 U.S.0 Section 469a -1 et seq.) by consulting with the State Historic Preservation Officer
as necessary to identify properties which may suffer adverse effects as a result of this project.
11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts which have
or are anticipated to yield in excess of $10,000 within 12 months in carrying out the project
will include this clause.
12. Coordination with identified State agencies.
Resolution No. 08 -12
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