AGENDA ITEM REPORT
TITLE:
title
A RESOLUTION CONSIDERING THE MONARCH HILL LITIGATION SETTLEMENT AGREEMENT AMONG THE CITIES OF COCONUT CREEK AND DEERFIELD BEACH, AS WELL AS BROWARD COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA PERTAINING TO THE MONARCH HILL LANDFILL.
body
BACKGROUND:
The proposed Monarch Hill Litigation Settlement Agreement represents a negotiated resolution, with the concurrence of Waste Management Inc. of Florida (“WMIF”), of the pending legal challenges (City of Coconut Creek, et al. v. Broward County, Case No. CACE-25-004400 (Cir. Ct.), and City of Coconut Creek, et al. v. Broward County, Case No. 25-1748GM (Fla. Div. Admin.) to the County’s enactment of certain ordinances on February 25, 2025 (Agenda Item Nos. 33, 34, and 36 for Ordinances 2025-10, 2025-11, and 2025-13), relating to a potential vertical and a horizontal expansion of the Monarch Hill Landfill.
DISCUSSION:
The proposed Monarch Hill Litigation Settlement Agreement includes a complete resolution of the legal challenges currently being litigated by the Cities of Coconut Creek and Deerfield Beach (“Cities”) in state court and before the Florida Division of Administrative Hearings (“DOAH”). The DOAH challenge is currently set for hearing August 26 - 29, 2025.
Key terms of the Settlement Agreement include:
1. WMIF’s commitment not to pursue any additional expansion of the Monarch Hill Landfill, including by repurposing adjacent property it currently owns and operates as a hauling site and by acquiring other property next to the Landfill. Such further expansion could increase the slope of the landfill (even after the recently approved vertical and horizontal beyond the County’s recently approved vertical and horizontal expansions) and could add an additional fifty (50) years to the Landfill beyond the recent expansions (the current expansions are projected to extend the remaining useful life of the landfill from approximately six (6) years to approximately twenty-five (25) years. WMIF further agrees not to develop or operate any other landfill within a one-mile radius of Monarch Hill Landfill and agrees to close the Landfill after the recently approved expansion area is filled.
2. WMIF’s commitment to enhanced environmental and operational protections, including stricter odor controls, robust gas collection, and groundwater monitoring requirements, and a comprehensive bird abatement program.
3. Agreement by WMIF to defer demolition of the existing landfill gas-to-energy plant for approximately ten years, thereby preserving its availability to support the County’s renewable energy and circular economy initiatives.
4. Commitment by all the Parties to explore eventual reuse of the Monarch Hill Landfill site for public benefit, after landfill closure, with such planning to begin five (5) years after execution of the Settlement Agreement with input from Coconut Creek and Deerfield Beach.
5. A provision allowing the Cities to receive up to five percent (5%) of the Host Charge paid by WMIF to the County for five (5) years to allow the Cities to mitigate unique impacts of the Monarch Hill Landfill expansion on their communities.
6. WMIF will provide additional landscaping coverage along Wiles Road to match the landscaping along Powerline Road.
7. WMIF will rename the landfill after receiving all permits.
8. Additionally, the City’s 2015 Settlement Agreement will remain in place except to the extent of any direct conflict.
9. Dismissal of the Cities’ pending legal challenges, with all parties to bear their own attorneys’ fees and costs.
This item, if approved, would authorize execution of the Litigation Settlement Agreement, contingent upon approval by Deerfield Beach, Broward County, and WMIF. The City of Deerfield Beach is scheduled to consider approval on August 19. WMIF is anticipated to execute the Litigation Settlement Agreement on August 20 if it has been approved by both Cities, and Broward County is scheduled to consider approval on August 21.
If this item is approved, the joint governmental meeting among the County Commission and the City Commissions of Coconut Creek and Deerfield Beach, currently scheduled for August 28, will be canceled.
RECOMMENDATION:
Staff recommends that the City Commission review and evaluate the attached Monarch Hill Litigation Settlement Agreement and Declaration of Restrictive Covenants.
FISCAL IMPACT: N/A