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Resolution 2009-085 RESOLUTION NO. 2009-. 85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE PROPOSED FLORIDA HOUSE BILL 5121, RELATING, AMONG OTHER THINGS, TO A PROPOSED STATE "TIPPING" FEE OF $1.25 PER TON FOR SOLID WASTE DISPOSAL AT PERMITTED SOLID WASTE MANAGEMENT FACILITIES, AND ANY SIMILAR PROPOSED FLORIDA BILL, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE COLLIER COUNTY LOCAL LEGISLATIVE DELEGATION; THE SENATE PRESIDENT AND HOUSE SPEAKER; FLORIDA'S GOVERNOR; THE FLORIDA ASSOCIATION OF COUNTIES; AND THE FLORIDA LEAGUE OF CITIES. WHEREAS, on April 2, 2009, the House Natural Resources Appropriations Committee passed PCB NRAC 09-02, which requires a solid waste disposal "tipping" fee in the amount of $1.25 for every ton of solid waste accepted by a landfill; and WHEREAS, the bill has since been renamed as House Bill 5121 (H.B. 5121); and WHEREAS, the Board of County Commissioners ("Board") wishes to express its opposition to H.B. 5121 and the new solid waste disposal fee; and WHEREAS, if passed, H.B. 5121 would impose a virtual tax on local governments for providing an essential governmental service, as local governments are required to provide solid waste services under Florida Law; and WHEREAS, it is important to recognize that not all materials brought to a landfill are brought for final disposition, as some materials are used beneficially, or are recovered from landfills for recycling or energy production; and WHEREAS, the proposed "tipping fee" is essentially a tax that will be passed on to the residents and businesses of Collier County to enable Collier County to operate the Collier County Landfill; and Page I of2 WHEREAS, Fiscal Year 2010 projections of tonnage to the Landfill are approximately 280,000 tons, and based on this projection, the proposed legislation would result in a burden to the residents and businesses of Collier County of approximately $350,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein as an integral part of this Resolution; 2. The Board opposes H.B. 5121, and any other substantially similar Florida Legislation, and urges all members of the Florida legislature and the Florida Governor to oppose and defeat the proposed House Bill and any other similar Florida legislation; 3. The County Manager, or his designee, is hereby directed to immediately distribute a copy of this Resolution to all members of Collier County's local legislative delegation, the Senate President and House Speaker, Florida Governor Charlie Crist, the Florida Association of Counties, and the Florida League of Cities; and 4. This Resolution shall be effective upon its adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 14th day of April, 2009. By: Au.c ,IS '- l.rtW., .." (,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ILn~' dA ~ DONNA FIALA, CHAIRMAN ATTEST: "''''''/1, DWIGHT ~.SRO(,:K,r:Ct.>ERK ....;' , '. ~)-. Approved as to form and al sufficiency: . -'ff~ ~,~/ Page 2 of2