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HomeMy WebLinkAboutR-93-47 RESOLUTION NO. R-93-47 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING~ PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE 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 Solid waste Management Act (the "Act") pertaining to solid waste resource recovery and management; and WHEREAS, the Act 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 the County but outside of the City; and WHEREAS, indian River County has previously established a curbside recycling program for single family residences, including properties within the City of Sebastian; and 1 WHEREAS, Indian River County intends to implement curbside recycling collection for multi-family units, to include mobile home parks; and WHEREAS, the City Council finds it in the best interest of the City of Sebastian to participate in the Indian River County curbside recycling program; 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 OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1. AGREEMENT. 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 "A" to this Resolution, and incorporated herein. SECTION 2. City of Sebastian EXECUTION. are hereby directed to sign described herein on behalf of the City. SECTION 3. CONFLICT. Ail resolutions or resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. effect immediately upon final passage. The Mayor and City Clerk of the the Agreement parts of This Resolution shall take 2 The foregoing Resolution was moved for adoption by Council member ~ ~~ The motion was seconded by Council member ~.~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Council member Carolyn Corum Council member Norma J. Damp Council member Robert Freeland The MayorQt~ereupon decl~red~ this Resolution duly passed and adopted this ~ day of _~; ~.~_ , 1993. _, ~ ~ ~fln~[e~ R. '~ ]ffo~ ,- -14~or ATTEST: ~ Kathryn/M. 6~H~lloran, CMC/AAE City Cler.k Approved as to Form and Content: Charles Ian Nash, City Attorney 3 INTERLOCAL AGRE~M~.NT This Agreement, entered into this 6~-- day of , 1993, by and between the City of Seb%stian r referred to as the CITY) and indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD). 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 required 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 required that said recycling programs be initiated by July 1, 1989; and WHEREAS, in an effort to accomplish the recycling goals of the Act, the SWDD in fiscal year 1991-92 implemented a curbside recycling collection program for single family residences; and WHEREAS, the City, through interlocal agreement, (January 8, 1992) authorized the SWDD to provide the recycling collection program within the City; and WHEREAS, the SWDD, in fiscal year 1993-94, intends to implement curbside recycling collection for multi-family units, to include mobile home parks, and all residential units; and WHEREAS, the City, not having a recycling program, wishes to participate in both the SWDD's multi-family and single family recycling collection program; 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 eduction programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the SWDD 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 SWDD, to the Florida Department of Environmental Protection (FDEP), for these grants; and WHEREAS, in order to apply jointly for these grants the SWDD 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 FDEP must include copies of the interlocal agreements between the SWDD and participating municipalities; and WHEREAS, the participation and cooperation of the CITY and the SWDD 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 -1- WHEREAS, it is the desire of the City of Sebastian to apply Jointly with the SWDD to FDEP for available recycling and education grants, NOW THEREFORE, the SWDD and the CITY hereto mutually agree as follows: 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 modified by subsequent agreement. This Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (October I of each year) with ninety (90) days written notice. The SWDD shall, in its contractual agreements with franchis- ed collectors, include recycling collection services for all mobile home parks and multi-family and single family units located within the City. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the implementation and operation of the service. If the CITY should elect to have recycling collection services above and beyond that provided by the SWDD, the CiTY shall enter into agreement with the SWDD's contracted collector for those additional services at the CITY's expense. The CITY shall reasonably cooperate with the SWDD in pro- viding information necessary to (a) complete the grant applications in accordance with the requirements of FD~P; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the SWDD's annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. The SWDD shall submit grant applications to FDEP during the period covered by this Agreement and by the application deadlines to be established by FDEP. All grant funds provided to the SWDD, including those incentive grant funds provided to the SWDD through the participation of the CITY in a joint application for grant funds, shall be utilized by the SWDD for the development implementation, and operation of a County-wide recycling and education program. The solid waste recycling and education grants provided by FDEP may be used for the following purposes: a. Capital costs, if Justified to and approved by FDEP; Establishing recycling capability at the County Land- fill, the existing Solid Waste Collection Centers and other satellite sites; c. Provision of recycling collection service; Design and construction of recycling and composting facilities; Shredding of organic materials for composting and or reuse as mulch; Promotion of recycling, volume reduction, and proper disposal; g. Market development for recyclable materials; and -2- 10. ll. Other uses provided for under the grants program and authorized by the FDEP. The recycling program shall also include a public edudation program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. The 'SWDD 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: City Manager. City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: 407-589-5330 To the SWDD: Ronald R. Brooks Solid Waste Disposal District 1840 25th Street Vero Beach, FL 32960 Phone: 407-567-8000 Ext. 294 12. Any party to this Agreement may unilaterally redesignate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. This interlocal vlous interlocal 1992. agreement supercedes and replaces the pre- agreement with the SWDD dated January 8, 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 ATTEST BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT BY: Clerk Chai~an APPROVED AS ~R~ONTENT: RRB/dc Chanties Ian Nash, City Attorney SEBINTLO/S2A -3- INTERLOCAL AGREEMENT This Agreement, entered into this ~ day of ~P~ , 1993, by and between the City of Sebastian (hereinafter referred to as the CITY) and Indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD). WHEREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of munleipal 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 required 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 required that said recycling programs be initiated by July 1, 1989; and WHEREAS, in an effort to accomplish the recycling goals of the Act, the SWDD in fiscal year 1991-92 implemented a curbside recycling collection program for single family residences; and WHEREAS, the City, through interlocal agreement, (January 8, 1992) authorized the SWDD to provide the recycling collection program within the City; and WHEREAS, the SWDD, in fiscal year 1993-94, intends to implement curbside recycling collection for multi-family units, to include mobile home parks, and all residential units: and WHEREAS, the City, not having a recycling program, wishes to participate in both the SWDD's multi-family and single family recycling collection program; 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 eduction programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the SWDD 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 SWDD, to the Florida Department of Environmental Protection (FDEP), for these grants; and WHEREAS, in order to apply jointly for these grants the SWDD 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 FDEP mu~t include copies of the interlocal agreements between the SWDD and participating municipalities; and WHEREAS, the participation and cooperation of the CITY and the SWDD 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 -1- WHEREAS, it is the desire of the City of Sebastian to apply jointly with the SWDD to FDEP for available recycling and education grants, NOW THEREFORE, the SWDD and the CITY hereto mutually agree as follows: 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 modified by subsequent agreement. This Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (October 1 of each year) with ninety (90) days written notice. The SWDD shall, in its contractual agreements with franchis- ed collectors, include recycling collection services for all mobile home parks and multi-family and single family units located within the City. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the implementation and operation of the service. If the CITY should elect to have recycling collection services above and beyond that provided by the SWDD, the CITY shall enter into agreement with the SWDD'~ contracted collector for those additional services at the CITY's expense. e The CITY shall reasonably cooperate with the SWDD in pro- viding information necessary to (a) complete the grant applications in accordance with the requirements of FDEP; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the SWDD'S annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. The SWDD shall submit grant applications to FDEP during the period covered by this Agreement and by the application deadlines to be established by FDEP. Ail grant funds provided to the SWDD, including those incentive grant funds provided to the SWDD through the participation of the CITY in a joint application for grant funds, shall be utilized by the SWDD for the development implementation, and operation of a County-wide recycling and education program. The solid waste recycling and education grants provided by FDEP may be used for the following purposes: a. capital costs, if justified to and approved bY FDEP; Establishing recycling capability at the County Land- fill, the existing Solid Waste Collection centers and other satellite sites; c. Provision of recycling collection service; de Design and construction of recycling and compost~ng facilities; ee Shredding of organic materials for composting and or reuse as mulch; Promotion of recycling, disposal; volume reduction, and proper g. Market development for recyclable materials; and -2- Other uses provided for under the grants program and authorized by the FDEP. The recycling program shall also include a public edu~ation program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. 10. The SWDD shall provide Waste Disposal District program. matching funds through the Solid where required under the grant 11. 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 follow~: To the CITY: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: 407-589-5330 To the SWDD: Ronald R. Brook~ Solid Waste Disposal District 1840 25th Street Vero Beach, FL 32960 Phone: 407-567-8000 Ext. 294 Any party to this Agreement may unilaterally redesignate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. 12. This interlocal vious interlocal 1992. agreement supercedes and replaces the pre- agreement with the SWDD dated January 8, IN WITNESS WHEREOF, the parties hereto have caused thi~ Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST CITY, 0~/~BASTIA~ ATTEST Clerk RRB/dc Charles Ian Nash, City Attorne~ SEBINTLO/S2A BOARD OF COMMISSIONERS SOLID WASTE D~tSPQSAL DISTRICT ~i N. Bird, chairman -3-