Dunedin approves $75,000 increase for legal work as Coca‑Cola parcel donation is negotiated

The Dunedin City Commission unanimously approved an increase to an existing purchase order for specialized legal services as staff negotiates with Coca‑Cola over a possible partial land donation adjacent to the city wastewater treatment plant.

City staff asked commissioners to approve a $75,000 increase to the purchase order with Buchenik, Nuccio, Hearn & Wester, P.A., a firm retained to review a conditional site‑rehabilitation closure order, or CSRCO, that Coca‑Cola submitted to the Florida Department of Environmental Protection. The firm’s work is intended to protect the city’s interests during the DEP review and any negotiations related to the property.

The legal work began after the city received a letter from Holland & Knight, Coca‑Cola’s counsel, notifying nearby property owners that Coca‑Cola had applied for a CSRCO. City staff said that the application permits certain institutional or engineering controls on a parcel and that the city had a limited statutory window to respond to DEP — staff referenced a 30‑ to 60‑day response window in meeting discussion.

Jorge (staff member) described the parcel on the commission dais and said the firm was first hired for a $10,000 authorization to review files and prepare a response to DEP. “We started negotiating … on the potential donation of a parcel,” Jorge said, adding that the donation discussion has included equipment that sits on the site such as a generator and that any future transfer would include a demolition agreement and possible marketing of the remaining parcel for private sale.

Nan Bennett, Dunedin utilities director, told commissioners the city does not have an immediate need to expand treatment capacity but that the adjacent parcel is “the only opportunity to expand” in the long term. Bennett said the plant currently has some excess capacity but that changes in biosolids management and a 2022 measure identified as Senate Bill 64 will constrain discharges to the sound and increase need for reclaimed water storage.

Commissioners asked about flood‑plain risk and future plant use. City staff said a significant portion of the parcel lies in the 100‑year floodplain but that the types of wastewater facilities contemplated can be flood‑proofed or elevated to avoid damage during intermittent severe events.

The commission voted to approve the purchase‑order increase after a brief public comment period and several commissioners said they welcomed the potential donation as a long‑term option for wastewater infrastructure expansion.

If the city and Coca‑Cola reach a donation agreement, staff said further steps — including a demolition contract and any environmental controls required by DEP — will be brought back to the commission for approval.