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2012-27919 Reso RESOLUTION NO. 2012-27919 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES FOR THE CITY OF MIAMI BEACH TO OPERATE A RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS THAT MEETS THE MINIMUM STANDARDS OF MIAMI-DADE COUNTY CODE SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15- 2.5. WHEREAS, Miami-Dade County Code Sections 15-2.2 through 15-2.4 require multifamily and commercial establishments to have a recycling program; and WHEREAS, Section 15-2.5 of Miami-Dade County Code mandates that recycling shall be enforced by Miami-Dade County unless the County and the City of Miami Beach (City) agree, in writing, that the City shall enforce the County ordinance within the municipality or that the City is operating a recycling program that meets the minimum standards of the County Code; and WHEREAS, on September 1, 2009, the City executed a Memorandum of Understanding (MOU) with the County for the County to enforce the County's ordinance within the City of Miami Beach pursuant to the above-referenced County Code Sections; and WHEREAS, the solid waste franchisee haulers in the City have reported that approximately 1,600 multifamily residential buildings and commercial establishments within the City are currently not participating in the County-required recycling program; and WHEREAS, the City has passed and adopted a mandatory recycling ordinance for multifamily residences and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and WHEREAS, the City must execute the MOU with the County which is attached hereto as Exhibit A in order to enforce its recycling ordinance that mandates recycling programs for multifamily residences and commercial establishments in the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager, or his designee, to execute a Memorandum of Understanding with the Miami-Dade County Public Works and Waste Management Department, which is attached hereto as Exhibit A, that provides for the City of Miami Beach to enforce its recycling ordinance and to operate a recycling program for multifamily residences and commercial establishments that meets the minimum standards of - County Code Sections 15-2.2, 15-2.3, 15-2.4, and 15-2.5. �PP�1 S OPTED this day of J Gh�— 2012. APPROVED AS TO FORM &LANGUAGE INCORP ORA D= &FOR EXECUTION (Z 114 4A R der , db, i Clerk Matti Herrera we a r ,SAG r©A City rney ' -12\Recycling MOU- RESO.doc 0 !2 NZv Dte COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager Or His Designee To Execute A Memorandum Of Understanding With The Miami-Dade County Public Works And Waste Management Department For The City Of Miami Beach To Operate A Recycling Program That Meets The Minimum Standards Of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and 15-2.5. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data (Surveys, Environmental Scan,etc.): The solid waste haulers operating in the City have reported that approximately 1,600 multifamily and commercial establishments within the City are currently not participating in the County-required Recycling Program. Issue: Shall the Mayor and City Commission approve the MOU? Item Summa /Recommendation: Miami-Dade County Code(Sections 15-2.2—15-2.4)requires multifamily and commercial establishments to have a recycling program. Sec 15-2.5 of Miami-Dade County Code mandates that recycling shall be enforced by Miami-Dade County unless the County and the City agree, in writing,that the City shall enforce the County ordinance within the municipality or that the City is operating a recycling program that meets the minimum standards of the County Code. On September 1,2009,the City executed a Memorandum of Understanding(MOU)with the County for the County to enforce its ordinance within the City. However, as a result of multiple issues, including fiscal constraints at the County level, the County Code requirement to have a recycling program is not adequately or comprehensively enforced. The City's Sustainability Committee recommended that the City establish an ordinance to encourage Miami Beach's businesses and multifamily residences to establish a recycling program. On May 9, 2012, the City Commission approved the proposed recycling ordinance on First Reading. If the City adopts the proposed recycling ordinance, the City will need to execute a new MOU with the County agreeing that the City's recycling program meets the minimum standards. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: . 1 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Richard Saltrick ext. 6565 Department D'rec Assistant City,Npjaager City Manager FHB JGGdV JMG Sign-Offs: TAAGENDA\2012\6-6-12\Recycling Memo Summary.doc ® MIAMIBEACH AGENDA ITEM C70 DATE IM MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: June 6, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES FOR THE CITY OF MIAMI BEACH TO OPERATE A RECYCLING PROGRAM THAT MEETS THE MINIMUM STANDARDS OF MIAMI-DADE COUNTY CODE SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15-2.5. ADMINISTRATION RECOMMENDATION Adopt the Resolution if the ordinance is approved. ANALYSIS Miami-Dade County Code (Sections 15-2.2 — 15-2.4) requires multifamily and commercial establishments to have a recycling program. Sec 15-2.5 of Miami-Dade County Code mandates that recycling shall be enforced by Miami-Dade County unless the County and the City agree, in writing, that the City shall enforce the County ordinance within the municipality or that the City is operating a recycling program that meets the minimum standards of the County Code. On September 1, 2009, the City executed a Memorandum of Understanding (MOU) with the County for the County to enforce its ordinance within the City. However, as a result of multiple issues, including fiscal constraints at the County level, the County Code requirement to have a recycling program is not adequately or comprehensively enforced in the City. The City's Sustainability Committee recommended that the City enact an ordinance to encourage Miami Beach's businesses and multifamily residences to establish a recycling program and hire staff to enforce it. On May 9, 2012, the City Commission approved the proposed recycling ordinance on First Reading. If the City adopts the proposed recycling ordinance, the City will need to execute a new MOU with the County in order to assume the responsibility for operating a recycling program that meets the minimum standards of the County Code (Attachment A). CONCLUSION If the recycling ordinance is adopted on second reading, the Administration recommends that the Mayor and City Commission adopt the attached Resolution, approving and authorizing the City Manager or his designee to execute a Memorandum of Understanding with Miami-Dade County Public Works and Waste Management Department for the City of Miami Beach to operate a recycling program that meets the minimum standards of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and 15-2.5. Commission Memorandum—Recycling Program MOU June 6, 2012 Page 2 of 2 Attachment A: Miami-Dade County Multi-Family and Commercial Recycling Memorandum of Understanding JGG/FHB/JJF/RWS/ESW T:\NGENDA\2012\6-6-12\Recycling MOU-Memo.doc