11-19RESOLUTION NO. 11-19
A RES�LUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE USE OF UP TO $325,440
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 CAR PRO 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 praperty, located at 1359 Cleveland Street, (the "Site") in the
City af Clearwater is located in a community redevelapment area as lawfully
est�blished; �nd
WHEREAS, a Community Redevelapment 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 Chap#er 163, Part III (the
"Act"); and
WHEREAS, the City of Clearwater is the custodian of funds and "lending
institution" pursuant to the Brawnfields 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 ecanamic 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 connectian with contracts
entered inta directly by the CRA far the enviranmental 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 ar ather private entity if the CRA provides far the environmental
cleanup of the Site; and
Resolution No.11-19
WHEREAS, there will be money available within the BCRLF in Account # 181-
99802 and # 388-94869 for such purposes when needed; and
WHEREAS, the City desires to set forth the basis far the use af such funds as
received from the EPA far 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, �LORIDA:
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 $325,440.00 far the purpases 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 cantained in the Caoperativ�
Agreement between the City and the EPA in connectian with the establishment of the
BCRLF, and summarized in the attached Exhibit 1. 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 apprapriated by the City from the BCRLF will have a
zero interest rate to be utilized by the CRA for this purpose and shall be repaid ta the
BCRLF by the City or the CRA either from (in priority arder): a) amounts repaid to the
City or the CRA from the private develaper or anather 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 inay be made available by the City for the environmental cleanup of
other sites; d) ather means legally sufficient and approved by EPA. Any payment from
the City of Clearwater General Fund is subject to the annual appropriations process.
The repaym�nt term is five years from the completion of the environmental cleanup of
the site as indicated by a site rehabilitation campletion order (SRCO).
Section 4. Barrawers and conditians far discaunted laans. BCRLF grantees
may offer discounted loans to those entities provided in CERCLA section 104 (k) (1)
including palitical subdivisions, and others. Far an individual laan, the amount af the
principal discounted may be a percentage of the total amount up to 3Q percent, provided
that the total amount of the principal forgiven shall not exceed $200,000.
2 Resolution No 11-19
Section 5. This resolution shall take effect immediately upan adoption.
PASSED AND ADOPTED this � day of Se�'f"�w� bC�; 2011.
Approved as to form:
Leslie K. Douga - i es
Assistant City A ney
.��� r
Frank V. Hibbard
Mayor
Attest:
�
Rosemarie Call
City Clerk
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3 Resolution No 11-19
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
Canduct BCRLF response activities in accordance with the cooperative agreement and
CERCLA and consistent with the NCP far the percentage of funds originating from EPA.
ELIGIBI.E ACTIVITIES
� Clearwater BCRLF pilot funds will be used for enviranmental cleanup activities on
contaminated redevelopment sites in the City's designated Brownfields area. BCRLF
cleanups will meet the NCP requirements identified for non-tim� critical cleanup
actions---i.e., cleanup actians for which a planning period of at least 6 manths exists.
These include actions associated with removing, mitigating, or preventing the release or
threat af 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 af a release of hazardous substance, ar 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 int�ragency coordinatian requirements.
■ BCRLF grantees may offer discounted laans to thase entities provided in CERCLA
section 104 (k) (1) including states, political subdivisions and others, as well as non profit
organizations. The amoutit of the principal discounted may be any perc�ntage of the tatal
loan amount up ta 30 percent, provided that the total amount of the principal fargiven
shall nat exceed $200,000 per project.
INELIGIBLE ACTIVITIES
■ Clearwater BCRLF money fram EPA will not be used on site assessment, identification
and characterization, remediation of a naturally accurring substanc� or public or private
drinking water supplies that have deteriarated through ordinary use; development
activities that are not removal actions (e.g., construction af a new facility, marketing of
property, or job training); remedial actians at sites listed or proposed for listing an the
USEPA National Priorities List remedial actions at sites subject to ongaing Federal or
State enforcement actions or remedial actions at Resource Conservation and Recovery
Act (RCRA) permitted or interim status facilities.
■ Clearwater 6CRLF money from EPA will not be given ta a party which is determined to
be a generator ar transporter of contamination at a brownfields site(s) far wark on that
site.
• EPA BCRLF Pilot funds will not be used to clean up products that are part af the building
structure and result in exposure within the structure.
4 Resolution No 11-19
• EPA funded BCRLF Pilot funds will not be used for cleanup at site cantaminated by
petroleum products, unless they are believed to be co-mingled with a hazardous
substance, pollutant, or cantaminant.
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 af actions
concerning the site.
■ Document use of all funds, maintaining records which segregate expenditures from
Federal and non-Federal saurces. 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
abtain written approval from EPA prior to disposing of records.
■ Use of na more than 15 percent of the loan for allawable 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 af release at site (i.e. contaminant type and
affected media), past response actians at site, and response actions still required at site.
■ Prior to the disbursement of funds, an acceptable loan application package must be
campleted. 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 far
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 thraugh the BCRLF must comply with applicable federal
regulations regarding procurements, conflicts of interest, palitical activities, and hiring of
persannel; federal, state and lacal laws, regulations, and ordinances, including the
following:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. Sectian
200Q-d), which prohibits discrimination on the basis of race, colar or national
origin;
2. Section 504 af the Rehabilitation Act of 1973 (29 U.S.C. S�ction 79�), 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 discriminatian
based on age; and
4. Title IX of the Education Amendments of 1972 (20 U.S.C. Sectian 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 2Q1) which sets minimum
wage and maximum hours;
5 Resolution No 11-19
6. Section 114 af the Clean Air Act, as amended (42 U.S.C. 5ection 1857, et. seq.)
and Sectian 3p8 of the Federal Water Pollution Control Act (33 U.S.C. Section
1857, et seq.), as well as other applicabls requirements specified in said Acts
and all regulations and guidelines issued thereunder;
7. Executive �rder 1199p, relating to the protection of wetlands;
8. Executive Order 11988, relating to flaod plain management;
9. National Environmental Policy Act af 1969 (Public Law 91-190) and Executive
Order 11514, Protection and Enhancement af 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 Archeolagical and Historic
Preservatian Act of 1966 (16 U.S.0 Section 469a-1 et seq.) by consulting with
the State Historic Preservation Officer as necessary to identify prop�rti�s 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 $1Q,p0� within 12 manths in
carrying out the project will include this clause.
12. Coordination with identified State agencies.
6 Resolution Na 11-19