HomeMy WebLinkAboutO-11060J-93-235
4/7 /93
11060
ORDINANCE NO.
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE
REDUCTION: RECYCLING AND EDUCATION (FY'93)";
APPROPRIATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME IN ACCORDANCE WITH
SECTION 403.706(4), FLORIDA STATUTES, IN THE
AMOUNT OF $491,033 CONSISTING OF A RECYCLING
PROGRAM GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENT REGULATION, IN
ACCORDANCE WITH THE STATE OF FLORIDA SOLID
WASTE MANAGEMENT GRANT RULE 17-716 AND
SECTION 403.7095 FLORIDA STATUTES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and cities statewide to
develop and implement recycling programs in order to achieve the
statewide recycling mandate and statutory goal of a thirty
percent waste reduction by July 1, 1994 in accordance with
Section 403.706(4) Florida Statutes; and
WHEREAS, the City of Miami, pursuant to Resolution No.
89-218, has submitted a joint grant application with Metropolitan
Dade County under an executed interlocal agreement to the State
of Florida Department of Environmental Regulation in order to
avoid a local match requirement in Section 403.7095(3)(c) Florida
Statutes; and
WHEREAS, the Department of Environmental Regulation, in
accordance with the State of Florida Solid Waste Management Grant
Rule 17-716, has approved the City of Miami and Dade County joint
application for FY-93; and
11060
WHEREAS, the Board of County Commissioners of Metropolitan
Dade County, pursuant to Resolution No. R-727-92, accepted the
State of Florida Solid Waste Management grant award for FY '93 in
the amount of $3,000,000 on behalf of the County and those
municipalities participating in the joint application for said
grant, and the County Manager executed the grant agreement; and
WHEREAS, the City of Miami's portion of said awarded funds
amounts to $491,033;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section
2.
The following Special Revenue Fund
is hereby
established
and
resources are hereby appropriated as
described
herein.
FUND TITLE: SOLID WASTE REDUCTION: RECYCLING
AND EDUCATION (FY '93)
RESOURCES: STATE OF FLORIDA: DEPARTMENT OF
ENVIRONMENTAL REGULATION: SOLID
WASTE MANAGEMENT RECYCLING
PROGRAM GRANT $491,033
APPROPRIATION: SOLID WASTE REDUCTION: RECYCLING
AND EDUCATION (FY '93) $491,033
- 2 -
11060
Section 3. The herein total appropriation of $491,033
for Solid Waste Reduction refers to those publicly supported
recycling program development and operation activities and those
related educational and promotional activities being carried out
within a reasonable period of time in accordance with the time
parameters of the grant period.
Section 4. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and supplies, and to generally carry on the functions
and duties of municipal affairs.
Section 5. The requirement of reading this Ordinance on
two separate days is hereby dispensed with an affirmative vote of
not less than four -fifths of the members of the Commission.
Section 6. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
3 -
11060
Section 8. This Ordinance shall come effective
immediately upon its adoption.
PASSED AND ADOPTED this 15th day of Abri
1993.
VIER L. SU4REZ, ,>IAY
ATTES
MATTTHIRAI, CITY CLERK
BUDGETARY REVIEW:
4::� �-� �v
MANOHAR SURANA, DIRECTOR
DEPARTMENT OF BUDGET
FINANCIAL REVIEW:
C RL E. GARCIA, DIRECTOR
DEP TMENT OF FINANCE
APPROVED AS TO FORM AND CORRECTNESS:
A. DUI J , III
CITY ATTO Y
M1006:csk:ROD
-4-
11060
CITY OF MIAMI, FLORIDA
3
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM
Cesar H. Odio
City Manager
Recommendation
�-
DATE � �';�' .%:`,, . FILE
SUBJECT: RECYCLING APPROPRIATION
ORDINANCE (FY'93)
r�(April 15, 1993
REFERENCES'Ommission Meeting)
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached appropriation ordinance establishing a special revenue
fund entitled: "Solid Waste Reduction: Recycling and Education
(FY193)" in the amount of $491,033, consisting of a Recycling
Program and Education Grant from the State of Florida Department
of Environmental Regulation (FDER) pursuant to the 1988 Solid
Waste Management Act; Section 403.7095 Florida Statute and FDER
Grant Rule 17-716.
Background
As a municipal participant in an interlocal agreement by and
between the City of Miami and Metro -Dade County, the City of
Miami per Resolution No. 89-218 agreed to submit a joint grant
application with Dade County and other municipalities in Dade
County to the FDER in order to avoid a local match requirement
per section 403.7095 3(c) Florida Statute.
On June 16, 1992 the Dade County Board of County Commissioners
per Resolution No. R-727-92 accepted, on behalf of the County and
those municipalities participating in the joint grant
application, a grant award for FY 1993 from FDER in the amount of
$3,000,000; further providing authorization for execution of the
grant contract (#RE93-11). The City of Miami's portion of said
award for FY193 amounts to $491,033. Said grant agreement
provides funding for recycling program operations and for
recycling related educational and promotional purposes.
According to the final grant statement and pursuant to FDER grant
rule 17-716, only those expenditures incurred during the period
of October 1, 1992 to September 30, 1993 will be funded. The
method of payment for recycling expenditures incurred by the City
through September 30, 1993 will be approved by the FDER for
reimbursement purposes.
11060 3_/
Honorable Mayor and Members -2-
of the City Commission
Grant funds appropriated by the City Commission will fund the
City's proposed yard waste recycling facility and the planned
expansion of the City of Miami Neighborhood Recycling Program,
thereby providing necessary funds for the Division of Solid
Waste's collection of recyclable materials (newspaper, glass,
aluminum and tin cans, and plastic bottles) from approximately
60,000 households by September 30, 1993. The second phase of
said recycling program was implemented by the Division of Solid
Waste on November 26, 1990 and currently provides recycling
collection services to 30,000 homes.
The legislation is provided as an emergency on the grounds of the
City's need to effectuate the timely investment of grant funds
within the parameters imposed by the grant agreement and to
thereby demonstrate the City's good faith effort in compliance
with the statutory mandate. Immediate funding is necessary to
purchase additional equipment & construction required to meet the
high citizen participation levels currently being experienced in
the "Miami Recycles" residential and mulching program.
Compliance with the City's stated recycling program goals,
objectives and implementation time schedules will weigh heavily
in the FDER's evaluation of the City's grant request for FY194.
11060
7i
1989 MAY -1 M s:iy G7n I JJOc.
E�. I4G92PC 59�
INTERLOCAL AGREEMENT FOR JOINT SOLID WASTE MANAGEMENT
GRANT APPLICATION
This Interlocal Agreement Is being entered into this / 91J4
day of _;14 , 1989, by and between Metropolitan Dade County
("County") and the City Of MIAMI, Florida ("City") In order to
make a joint application to the State of Florida Solid Waste
Management Grant Program for the funding of recycling and related
education projects In accordance with Section 403.7095 F.S.
It is agreed that the City shall meet on at regular basis and
cooperate with the County and any other municipalities entering
Into a like agreement with the County to the fullest extent
practical in exchanging information to (a) prepare grant
applications, (b) develop a county -wide recycling plan which will
serve both incorporated and unincorporated areas of Dade County
and (c) prepare an annual recycling report to the Florida
Department of Environmental Regulation (FDER) as required by
Section 403.706(7) F.S. and (d) meet other data needs as may be
required by the County or State as part of the solid waste
management program.
It is agreed that both parties and other participating
municipalities will seek to submit to the FDER a joint
application for a solid waste grant for the first (March 1, 1989)
and subsequent (October 1, 1989-1993) grant deadlines. This
application will consist of a series of recycling projects,
sponsored by either one or both parties or other participating
municipalities and developed in accord with the agreed -upon
county -wide recycling plan. The City hereby author.lzes the
County to submit the grant application on behalf of the County
and City, and reecignizes that said application will be made also
on behalf Of other participating municipalities. The City agrees
to provide to the County all information needed to develop a
complete recycling plan and application and to comply with FDER's
annual reporting requirements.
It is agreed that effort will be directed toward development
of both a recycling plan and a complete application package that
distributes funding and benefits to all participating
incorporated and unincorporated areas of the County. Each local
government is encouraged to develop proposals budgeted in
accordance with their pro rat& share of the Incentive portion
Plus any base portion of the grant that they are entitled to In
accordance with section 403.7095(2) and (3) F.S.
It is agreed that State funds approved will be allocated by
the County to participating local governments on the basis of
the grant application as approved by the FDER. The County wilt
distribute grant funds to the City and all other participating
municipalities within 30 days of receipt of full program
reimbursement. Funds will be distributed on the basis of
expenditures approved by the FDER. Any percentage Of the grant
funding advanced by the State will also be distributed on the
basis of the grant application as approved by FDER.
It is agreed that the City will manage and expend grant
funds allocated and distributed to it by the County in
accordance with all applicable State guidelines. In particular,
ennh InrnI onvrrmmeni rereivino nr rie;ignated to receive funoip,
either directly or Indirectly, shall maintain accurate records Of
all expenditures and shall make these available to the FDER as
provided for in Chapter 17-716.320, F.A.C. (proposed).
Furthermore, any local government receiving Or designated to
receive such funds accepts full responsibility for that amount in
the event that the FDER terminates a grant agreement and refuses
reimbursement or demands a refund due to non-comptiance with
terms of the grant contract Or the grant rule.
11060?
Ec
f(EC. 14092PC 593
It is agreed that as provided for In Section 403.7095(3)(c)
F.S., relative to lack of 75 percent total participation of
municipalities, both the matching funds and the proof of the
availability of such funds will be provided by each local
government in the dollar amount that has been allocated to that
local government as provided in the grant application. The City
retains the choice as to the amount of its Individual proposal
for State funding to be Included In the Joint package up to Its
"pro rata share" and may choose not to submit a request in any
particular year without penalty. In no case shall the City's
obligation to provide the local match exceed the dollar amount
that the City IS requesting for Its program In the Joint
application. In addition, each local government shall assume
responsibility for any project. expenditures Incurred In advance
of State reimbursement of such expenses.
This agreement shall remain In effect throughout the life of
the FDER Solid Waste Grant Program, currently scheduled to expire
un Septemuer 30, 1994. This agreement may be modified by the
mutual written consent of both parties and as required by
revi5ion5 to the statute. This agreement may be terminated by
either party provided that such termination be given in writing
to the other party at least 90 days prior to the close of any
grant year and shall be effective upon the close of the year.
NotwithstanViny termination, any accrued rights or dlltie8 shall
remain effective, in particular Including the exchange of
information to fulfl!I the State's annual reporting requirements.
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.
T 1, f .
t r'
S `•
City .Gl;erki�
F-r: City of Miami
Cesar K. Udio• City Manager
For; Metropolitan Dade County
^:- is n o rT ••
U
DEPUTY CIFRKI _°�'• -`�
6� 1
Ji; i/1.^;1- CCU :7'r IL1GZ f2
11060
o��r.•eav 1i.rirn ,
DEPARTMENT OF SOLID WASTE MANAGEMENT
RECYCLING AND EDUCATION GRANT FY92-93
PRELIMINARY GRANT ALLOCATIONS
POPULATION
INCENTIVE
BASE
TOTAL
PORTION
PORTION
BAL HARBOUR
3,045
$3,696
$3,696
BAY HARBOR ISLAND
4,703
$5,708
$5,708
BISCAYNE PARK
3,068
$3,724
$3,724
CORAL GABLES
40,091
$48,660
$48,660
EL PORTAL
2,457
$2,982
$2,982
FLA CITY
5,806
$7,047
$7,047
GOLDEN BEACH
774
$939
$939
HIALEAH
1881004
$228,187
$55,851
$284,038
HIALEAH GARDENS
7,713
$9,362
$9,362
HOMESTEAD
26,866
$32,608
$32,608
MEDLEY
663
$805
SR05
MIAMI
358,548
$435,182
$55,851
$491,033
MIAMI BEACH
92,639
$112,439
$55,851
$168,290
MIAMI SHORES
10,084
$12,239
$12,239
MIAMI SPRINGS
13,268
$16,104
$16,104
N BAY VILLAGE
5,383
$6,534
$6,534
NORTH MIAMI
49,998
$60,684
$60,684
N MIAMI BEACH
35,359
$42,916
$42,916
OPA LOCKA
15,283
$18,549
$18,549
SOUTH MIAMI
10,404
$12,628
$12,628
SURFSIDE
4,108
$4,986
$4,986
VIRGINIA GARDENS
2,212
$2,685
$2,685 '
WEST MIAMI
5,727
$6,951
$6,951
INCORPORATED
886,203
$1,075,615
$167,553
$1,243,168
DADE COUNTY
1,050,834
$1,275,432
$55,851
$1,331,282
TOTAL
1,937,037
$2,351,047
$223,404
$2,574,450
COMPOSITION STUDY
$0
GRANT TOTAL ALLOCATION
$2,574,450
ORIGINAL ALLOCATION
$2,574,450
COMPOSITION STUDY
$0
BASE PORTION
$223,404
PER UNIT
$55,851
AVAILABLE FOR DISTRIBUTION $2,351,046
NEW CAPITAL SHARE (INCLUDES STUDY) $1.21373
11060
,. -
03i15/93 S: 21 METRO-DADE SOLID l.J('-E HGMT. 002 -_
MEMORANDUM Agenda Item No. 5 (e) (33)..-
Honorable Mayor and Members June 16,' 1992
TO • Board of County Commissioners DATE:
SUBJECT: Resolution Authorizing ••-7-
Application, Receipt
Arid Expenditure of -.: " -
State Solid Waste Tire FROM: ?a* G.Avino, P.E., P.L.S. Grant and Recycling
Manager and Education Grant
RECOMMENDATION
it is recommended that the Board approve the attached
Resolution authorizing the county Manager to apply for, receive
and expend grant funds from the States solid waste Management
Grant program. The Recycling and Education Grant would provide
funding in the estimated amount of $3 million for FY 92-93 to
be shared between the unincorporated municipal service areas
and participating municipalities for a series of recycling
projects to be implemented throughout the County. The waste
Tire Grant would provide an estimated'amount of $1.2 million
for FY 92-93 to fund the County's waste Tire Program.
BACKGROUND
The State of Florida solid Waste Management Grant Program i.s a
six year grant program whiCh provides for the funding of loralf
recycling related educational programs and waste tire projects.
The Recycling and Education Grant application process is
divided into two parts. Part i is due to the State on July 1,
1992 and initiates the application process. Fart two of the
application is due on October 1, 1992 and contains the specific
information on planned recycling activities.
This Resolution auLhorixes the County Manager to apply for,
receive and expend funds resulting from the joint application
for the Recycling and Education Grant on behalf of Dade County
(unincorporated area) and those municipalities participating in
this recycling effort. This funding will be used by the County
for neighborhood trash and recycling centers, yard waste
projects and related educational efforts. A summary of
programs anticipated for Fiscal. Year 1993'is attached. t-
t-
This Resolution also authorizes the County Manager to apply
for, receive and expend funds resulting from the Waste Tire
Grant. Funding from this grant would provide for the
collection and cleanup of tires in unincorporated Dade County,
waste tire shredding and a waste Tire recycling contract.
110so'
�33i15%93 1G.: 1 HETP.O-DADS SOLID -TE 11G11T. 003
Agenda Item No. 5 (e) (33)
6116/92
RESOLUTION NO, R-727-92
RESOLUTION AUTHORIZING THE COUNTY MANAGER
TO APPLY FOR, RECEIVE AND EXPEND FUNDS
FROM THE STATE'S SOLID WASTE MANAGEMENT
GRANT PROGRAM; AND AUTHORIZING THE
DIRECTOR OF THE DEPARTMENT OF SOLID WASTE
MANAGEMENT TO SIGN REIMBURSEMENT REQUESTS
FOR THE GRANTS
WHEREAS, this Hoard desires to accomplish the purposes
outlined in the accompanying memorandum, a copy of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY tHV BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA,•'that -this Board.
authorizes the County. Manager to apply far, receive and
expend approximately $4 million in grant funds from the State
of Florida Solid Waste Management Grant Program for the f
funding of recycling and education projects to be made on
behalf of Dade County and those municipalities having agreed
to joint participation through execution of the appropriate
Interlocal Agreement and waste tire projects in
unincorporated Dade County, authorizes the County Manager to
execute same for and on behalf of the County and to exercise
the cancellation provisions contained herein, and authorizes
the Director of the Department of Solid Waste Management tot.
sign reimbursement requests for the grant.
! The foregoing resolution was offered by Commissioner
Sherman S. Winn , who moved its
11060
03/15i93 16:22 _ HETRO-DADE SOL ( D WRSTE 11GH F.
Agenda Item No. 5 W (33)
T�'
Page No. 2
adoption. The motion was seconded by Commissioner X&ry Collins
and upon being put to a vote, the vote was as follows:
Mary Collins aye
Charles busseau aye
Joseph M. Gersten absent
Larry Hawkins aye
Alexander Penelas aye
Harvey Ruvin aye
Arthur E. Teele, Jr. aye
Sherman S. Winn aye
Stephen P. Clark aye
The Mayor thereupon declared the resolution duly passed
and adopted this 16th day of June, 1992.
Approved by County Attorney b
to form and legal sufficiency
DADE COUNTY, FLORIDA
BY ITS BOARD Or
COUNTY COMMISSIONERS
MARSHALL ADER, CLERK
M s : OND � �
z1 Deputy
. Clerk
V)�_j
*M�
re"'
t.t.
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
Copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 11060
In the................................X ....... Court,
was published in said newspaper in the Issues of
April 28, 1993
Affiant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami In said
Dade C Florida, for a period of one year next preceding
I
It pub cation of the attached copy of advertisement; and
alfie furt says that she has neither paid nor promised any
per , fi or corporation any discount, rebate, commission
or re nd or the pur se of securing this advertisement for
publi t in the s;lp newspaper.
Sworn to and subscribed before me this
day yprsonA
..... ..-�s r11, A.D. 19..... 93
O , OTA<2Y S AL
.....
A
(SEALARY PUBLIC STATE OF FLORIDA
Sookle Williy% SI(,I .0. CC 1T108
COMMISSION EXP. AN. 6,1996
CITY QE .r
malimis mombA
LEGAL NOTICE
All interesteid persons *111 take notice that on the 15th day of
April, 1993, the City �Commission of Miami, Fk►rida, adopted the,:
following fitted ordinances:'
ORDNANCE NO.110H
AN EMERGEticy ORD*fANCE"E5TJ1$LiSH#W 1 iiow
SPECIAL REVENUE FUND ENTITLED- "DRUG ABUSE
RESISTANCE EDUCATION"; APPROPRIATING FUNDS
FOR ITS OPERATION IN AN AMOUNT NOT menEF—D
$44,942; AUTHORIZING Tiff CITY MANAGER TO ACCEPT
A GRANT OF $44,942 .FROM METROPOLITAN BADE
COUNTY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO_110,W
AN. EMERGENCY. ORDINANCE ESTABLISHING A NEW
SPECIAL ,REVENUI: FUND ENTITLED: "SOLID WASTE,
REDUCTION: RECYCLING AND EDUCAT16H (FY '93)" ;
APPROM"ATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME IN ACCORDANCEWITH
SECTION 403.709(4), FLORIDA STATUTES, IN THE
AMOUNT OF $491,033 CONSISTING OF A LRECYCLING
PROGRAM GRANT fROM THE STATE OF FLORIDA.
DEPARTMENT OF ENVIRONMENT. REGULATION, IN
ACCORDANCE WITH THE STATE OF FLORIDA SOLID
WASTE MANAGEMENT GRANT RULE 97-716 AND SEC-
TION 403.7095 FLORIDA STATUTES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
OROWANCE NO; 11061
AN EMERGENCY ORDINANCE ESTABLISHING A NEW'
SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1993" AND APPRO-
PRIATING FUNDS FOR THE OPERATION OF SAME IN
THE AMOUNT- OF 5297,108 CONSISTING OF A GRANT
FROM THE UNITED STATES DEPARTMENT OF AGRICUL-
TURE THROUGH THE FLORIDA DEPARTMENT OF EDU-
CATION; AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AWARD FROM THE UNITED STATES.
DEPARTMENT OF AGRICULTURE -AND TO EXECUTE THE
NECESSARY DOCUMENTO),L IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND'A SEVER -
ABILITY CLAUSE.
ORDINANCE NO. IIofi1
AN ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "COMMUNITY DEVELOP-
MENT BLOCK GRANT (NINETEENTH YEAR)," AND
APPROPRIATING $12,571,000 FOR EXECUTION OF SAME;
FURTHER APPROPRIATING THE SUM OF $1,400,000
FROM NINETEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS
APPROVED BY THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FOR A TOTAL OF
$13,971,000; CONTAINING A REPEALER PROVISION AND
SEV ERABI LITY1CLAUSE.
Said ordinances may inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of &-00 a.m.
and 5:00 p.m.
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
(ff1051)
4128 93-4.042871M c