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Cutler Bay designates Blue Heron Park a Brownfield, authorizes site rehabilitation agreement
Summary
Council approved designating Blue Heron Park as a Brownfield and authorized a Brownfield Site Rehabilitation Agreement with Miami‑Dade County to access state incentives, including voluntary cleanup tax credits; consultants outlined excavation‑based remediation and expected funding timelines.
The Town of Cutler Bay voted Sept. 25 to designate Blue Heron Park (21900 SW 90th Avenue) as a Brownfield area under Florida law and to authorize a Brownfield Site Rehabilitation Agreement (BISRA) with Miami‑Dade County.
Brett Bridal of the Goldstein Environmental Law Firm told the council that Blue Heron Park is a five‑acre site closed since June 27, 2024 after environmental issues were identified. "The arsenic is our primary contaminant of concern," Bridal said, explaining that arsenic can result from historical agricultural pesticide use and also occurs naturally in local geology. He described the preferred remedial approach as excavation and removal of impacted soil above the water table, protection of trees, dust control during work and approximately a year of groundwater monitoring post‑remediation if required. The town expects to solicit competitive sealed bids for the work and aims to begin work no later than November 2025.
Consultant Michael Goldstein told the council the Florida Department of Environmental Protection Brownfields program has signaled potential support for the project; he said DEP may allocate up to $200,000 in FY2025 funds for source removal and that the town expects to recover a substantial portion of cleanup costs through the voluntary cleanup tax credit program. Goldstein estimated the town could realize roughly $920,000 in cash recovery if the town successfully bifurcates the Legacy Park/Publix joint agreement into separate BISRAs, a change his firm helped shepherd through the state legislature this year.
Councilmember Lord asked whether entering the BISRA before Dec. 31, 2025 would allow the town to recoup eligible costs back to Jan. 1, 2025; Bridal confirmed that executing the BISRA before that date would make costs incurred during calendar year 2025 eligible for recovery. After questions and brief discussion, the council voted to approve the Brownfield designation and to authorize the town manager to execute the BISRA, and the motions passed.
If the BISRA proceeds, the town will serve as the sole responsible party for the site and will establish a Brownfield advisory committee (the resolution appoints the town council to that role) to provide public oversight and periodic updates during the cleanup process. Staff said pursuing state incentives and tax credits may significantly reduce net costs to the town and increase available funds for other projects.
