AGENDA ITEM REPORT
TITLE:
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A RESOLUTION AUTHORIZING THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, PRIOR TO INITIATING COURT ACTION AND PROVIDING FOR AUTHORITY, INITIATION OF CONFLICT RESOLUTION PROCEDURE, DUTY TO GIVE NOTICE, CONFLICT ASSESSMENT PHASE, JOINT PUBLIC MEETING, AND FINAL RESOLUTION RELATED TO ACTION ITEMS FOR EXPANSION OF THE MONARCH HILL LANDFILL.
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BACKGROUND:
In 2020, Waste Management filed an application for a Land Use Plan Amendment and associated Comprehensive Plan Amendment to change the land use of the site generally located on the south side of Wiles Road between Powerline Road and Florida’s Turnpike (“Site”) from “Electric Generating Facility” to “Industrial” use on the County’s Municipal Services District future land use map in order to provide for a 24- acre, horizontal expansion of the Monarch Hill Landfill into the area that previously comprised the North Waste-to-Energy Plant.
Then in 2024, Waste Management requested a 100 foot height increase for the Monarch Hill Landfill; and Broward County then added a County-initiated amendment to provide for limitations on the types of waste that may be disposed of in the landfill (“the Ordinances”). The City submitted written objections in 2021, 2022, and 2024, as well as provided verbal objections on the record at every Land Planning Council, Broward County Local Planning Agency, and County Commission meeting in which the Ordinances were set for hearing. Further, the City even provided an alternative to the Ordinance proposing to provide a height increase.
DISCUSSION:
The County Commission scheduled the final hearing on the Ordinances for Tuesday, February 25, 2025, despite the City’s submission of alternative language and both written and verbal objections related to the adverse impacts on the City if the Ordinances are approved. The City and the County have been unable to resolve the disputes related to the Ordinances, therefore, the next step is initiation of the Conflict Resolution Procedures of Chapter 164, Florida Statutes. Approval of this resolution is the first step to initiating the Conflict Resolution Procedures.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT:
REVENUES: $ 0
EXPENDITURES: TBD
BUDGETED? No
NOTES: The expenses for a mediator for the Chapter 164 proceeding are unknown at this time. The City will be utilizing the assistance of Ralph DeMeo, Esq. with Guilday Law, which rates are $325/hour.