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Home My WebLink AboutR-89-25 RESOLUTION NO. R-89-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO SOLID WASTE RESOURCE RECOVERY AND MANAGEMENT; PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A SOLID WASTE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1988 Session of the Florida Legislature has enacted substantial general law pertaining to solid waste resource recovery and management; and WHEREAS, the Florida Legislature has promulgated a statewide goal to reduce the amount of solid waste being disposed of at solid waste management facilities by at least thirty percent (30%) by 1994; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the County; and WHEREAS, the City of Sebastian may not operate a solid waste disposal facility unless it can demonstrate by a preponderance of the evidence that the use of a County designated facility, when compared to alternatives proposed by the City of Sebastian, places a significantly higher and disproportionate financial burden on the citizens of the City when compared to the financial burden placed on persons residing within of the City; and WHEREAS, the Florida Legislature the County but outside has provided a grant program to assist local governments with the implementation of solid waste recovery and management programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the county in which they are situated for incentive grant funds; and WHEREAS, no local government match is required for grants if the municipalities representing seventy five percent (75%) of the incorporated population of the county apply jointly with the county, to the Florida Department of Environmental Regulation, for such grants; and WHEREAS, the citizens of the City of Sebastian as well as those residing in unincorporated Indian River County would jointly benefit from the participation and cooperation of the City and the County in a single program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1. AGREe. The City of Sebastian, Indian River County, Florida, does hereby agree to enter into an Agreement with the Board of County Commissioners of Indian River County, identified as Exhibit incorporated herein. SECTION 2. EXECUTION. Sebastian is hereby directed herein as agent for the Town. SECTION 3. CONFLICT. "A" to this Resolution, and The Mayor of the City of to execute the Agreement described Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Councilman ~_~ Councilman ~ C ~1'~ vote was as follows: Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote, the Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of /J , 1989. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor 2 ATTEST: -~athry~ M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 3 EXHIBIT " A" INTERLOCAL AGREEMENT This Agreement, entered into , 1989, by and between (herein~ter referred to as the CITY) (hereinafter referred to as the COUNTY). this /D ~--~ day of the City' of Sebastian and Indian River County WHEREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act requires counties to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; and WHEREAS, the Act requires that said recycling programs be initiated by July 1, 1989; and WHEREAS, the Act created the Solid Waste Management Trust Fund to provide grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and education programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the COUNTY for incentive grant funds; and WHEREAS, no local government match is required for these grants if the municipalities representing seventy-five percent (75%) of the incorporated population of the County apply jointly with the COUNTY, to the Florida Department of Environmental Regulation (FDER), for these grants; and WHEREAS, in order to apply jointly for these grants the County and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to the FDER must include copies of the interlocal agreements between the COUNTY and participating municipalities; and WHEREAS, the participation and cooperation of the CITY and the COUNTY is essential to the successful award of a State grant and the development and implementation of a successful recycling and education program in Indian River County; and WHEREAS, it applY jointly with the education grants, is the desire of the City of Sebastian to COUNTY to FDER for available recycling and 'NOW THEREFORE, agree as follows: the COUNTY and the CITY hereto mutually This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until September 30, 199~, or until modified by subsequent agreement. The Agreement may be terminated in writing by either party prior to the application submittal date each year with sixty (60) days written notice. The CITY shall reasonably cooperate with the COUNTY in providing information necessary to (a) complete the grant applications in accordance with the requirements of FDER; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the COUNTY's annual report to FDER on recycling activities as required by Section 403.706(7) Florida Statutes. The COUNTY shall submit grant applications to FDER on behalf ef the COUNTY and the CITY during the period covered by this Agreement and by the application deadlines to be established by FDER. Ail grant funds provided to the COUNTY, including those incentive grant funds provided to the COUNTY through the participation of the CITY in a joint application for grant funds, shall be disbursed by the COUNTY to the Solid Waste Disposal District for the development and implementation of a County-wide recycling and education program.. The solid waste recycling and education grants provided by FDER may be used for the following purposes: a. Capital costs, if justified to and approved by FDER; be Establishing recycling centers at the County Landfill and the existing Solid Waste Collection Centers for recycling paper, glass, plastic, compostable debris, white goods, and metals; de Shredding of organic materials for composting and or reuse as mulch; Promotion of recycling, 'volume reduction, and proper disposal; e. Market development for recyclable materials; and Other uses provided for under the grants program and authorized by the. FDER. The recycling program shall also include a public education program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. The COUNTY shall provide matching funds through the Solid Waste Disposal District where required under the grant program. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the CITY: Rob McClary City Manager City of Sebastian P.O. Box 78127 Sebastian, F1 32978 To the COUNTY: Ronald R. Brooks Solid Waste Disposal District 1840 25th Street Vero Beach, FL 32960 Any party to this Agreement may unilgterally redesignate the address of or person to whom notice ~s to be directed by giving notice to all other parties hereto. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST CITY OF SEBASTIAN ~ BY: Mayor .... . ATTEST 'BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA DATE: Clerk BY: Chairman (SEBINTLO.AGR)