Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO APPROVE Monarch Hill Litigation Settlement Agreement (Exhibit 1) and settlement of the pending litigation, 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.), subject to approval and execution by all other parties to the Settlement Agreement; and to authorize the Mayor and Clerk to execute the Settlement Agreement.
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Why Action is Necessary
County Commission action is required to approve the Settlement Agreement, including settlement of the referenced litigation on the terms stated in the Settlement Agreement.
What Action Accomplishes
Approves the proposed Settlement Agreement and settlement of the referenced litigation on the terms stated in the Settlement Agreement.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The proposed Settlement Agreement represents a negotiated resolution, with the concurrence of Waste Management Inc. of Florida (“WMIF”), of the pending legal challenges to the County’s enactment of certain Ordinances on February 25, 2025 (Agenda Item Nos. 33, 34, and 36), relating to a potential vertical and horizontal expansion of the Monarch Hill Landfill to help meet the region’s medium term solid waste disposal needs.
The proposed Settlement Agreement retains the benefits obtained by the County in the February 25, 2025, agreement with WMIF (the “2025 Expansion Impacts Agreement”).
This item, if approved, would authorize execution of the Settlement Agreement, contingent upon prior approval by both Cities and by WMIF. We have been advised that the City of Coconut Creek is setting a special meeting for August 18 to consider approval of the Settlement Agreement, and that the City of Deerfield Beach is scheduled to consider approval on August 19. WMIF is anticipated to execute the Settlement Agreement on August 20 if it has been approved by both Cities. If all of those approvals have not occurred before August 21, this item will be withdrawn from the August 21 County Commission meeting agenda.
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.
The proposed 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 the week of August 25, 2025. Our Office continues to fully prepare for that hearing as it is not certain all required parties will approve the Settlement Agreement. However, the parties have agreed to a few days’ extension on certain matters (involving litigation discovery) to enable counsel to focus more substantially on developing the proposed settlement.
Key terms of the Settlement Agreement include:
1. WMIF’s commitment not to pursue any expansion of the Monarch Hill Landfill beyond the vertical and horizontal expansions currently being sought (the current expansions are projected to extend the remaining useful life of the landfill from about six to eight (6-8) years to about twenty-five (25) years). WMIF further agrees not to develop or operate any other landfill within a one-mile radius of Monarch Hill Landfill. The impact of this commitment will be discussed during individual agenda briefings.
2. WMIF’s commitment to enhanced environmental and operational protections, including stricter odor controls, robust gas collection and groundwater monitoring requirements, and a 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 parties to explore eventual reuse of the Monarch Hill Landfill site for public benefit, after landfill closure.
5. A provision allowing the Cities to receive up to 5% of the Host Charge paid by WMIF to the County for five years to allow the Cities to address unique impacts of the Monarch Hill Landfill expansion on their communities.
6. Dismissal of the Cities’ pending legal challenges, with all parties to bear their own attorneys’ fees and costs, and appropriate mutual releases.
Exhibit B to the Settlement Agreement, which will be a demonstrative list of impacts of the Landfill unique to the Cities for consideration by the County for certain limited funding, is being developed by the Cities and will be distributed as additional material.
Source of Additional Information
Matthew Haber, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
No immediate fiscal impact.