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Agenda 01/27/2015 Item #17E 1/27/2015 17.E. EXECUTIVE SUMMARY Recommendation to adopt an amendment to the Collier County Litter, Weed, and Exotics Control Ordinance (Ordinance No. 2005-44, as amended) intended to define and regulate the composting of organic materials on residential properties. OBJECTIVE: To promote greener gardening practices in Collier County and reduce the need for chemical fertilizers in residential areas. CONSIDERATIONS: On November 18, 2014, (Agenda Item 10-A), Commissioner Henning proposed an amendment to the Collier County Litter, Weed, and Exotics Control Ordinance (Ordinance No. 2005-44, as amended) which would remove any restrictions against composting, and recommended the Board develop a new ordinance to regulate the composting of organic materials on residential properties. Chairman Henning noted that the Board had considered creating a composting ordinance in 2007, but chose not to move forward. It was noted that with the increased interest in gardening, particularly by Golden Gate Estates residents and citizens involved in County parks "community gardens" projects, it is necessary to promote greener gardening methods such as composting which reduce the use of chemical fertilizers. Commissioner Nance suggested input from the Sarasota extension of the University of Florida that specializes in composting methods. The Board voted to move forward with the amending ordinance, with the assistance of the University of Florida and with the understanding that the new regulations would allow yard waste ground composting as well. To accomplish the Board's direction, I discussed the issue with Commissioner Nance, reviewed material from the University of Florida, reviewed other local government ordinances, and discussed the issue from a land-use perspective with Mr. Bosi. From that, it was my conclusion that there was no need for a separate composting ordinance, and that the matter could be effectively managed through the County's existing nuisance laws, provided that the compost pile is located in the rear of the property with a distance buffer from the neighbors. I then discussed the matter further with Commissioner Henning who suggested certain changes to ensure that material would not be brought in off-site and that compost would not be removed off-site. To that end, I am proposing that the Collier County Litter, Weed and Exotics Control Ordinance be amended by adding the following to its definitional section: 3. COMPOST PILE. A pile, mound of heap (whether on the ground or in a container or structure) consisting solely of on-site organic materials that are intentionally collected to create a compost material for gardening purposes. Composting is permitted on any residential or estates property and is specifically excluded from this ordinance provided that (1) the compost site is located in the rear-yard and is at least 10 feet from any property line; (2) all generated compost is for use on-site; (3) no materials are generated off-site; and (4) that the composting activities be conducted in such a manner as to not create a foul odor, attract vermin, or otherwise creates a public nuisance. Packet Page-1199- 1/27/2015 17.E. With that change, having an appropriately maintained compost pile will not run afoul of any County code; a compost pile that becomes a nuisance to its neighbors will be subject to a code violation. At its January 13, 2015 regular meeting (Item 16-K-3), the Board authorized the County Attorney to advertise the proposed Ordinance for future consideration. FISCAL IMPACT: The cost to advertise the proposed Ordinance was $370.72. LEGAL CONSIDERATIONS: The County Attorney drafted the proposed Ordinance and approves same as to form and legality. This item requires majority vote for approval. - JAK RECOMMENDATION: That the Board of County Commissioners adopts the proposed Ordinance amending the Collier County Litter, Weed, and Exotics Control Ordinance (Ordinance No. 2005-44, as amended) in order to define and regulate the composting of organic materials on residential properties. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Attachments—Proposed Ordinance Transcript of Item 10-A-November 18, 2014 meeting. Packet Page-1200- 1/27/2015 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to adopt an amendment to the Collier County Litter, Weed, and Exotics Control Ordinance (Ordinance No. 2005-44, as amended) intended to define and regulate the composting of organic materials on residential properties. Meeting Date: 1/27/2015 Prepared By Name:NeetVirginia Title:Legal Assistant/Paralegal, CAO Office Administration 1/16/2015 10:18:50 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 1/16/2015 11:11:12 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget Date: 1/16/2015 11:19:09 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/16/2015 11:21:46 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/19/2015 6:54:16 PM Packet Page-1201- 1/27/2015 17.E. ORDINANCE NO.2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-44, AS AMENDED, WHICH REGULATES AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING SECTION FOUR, "DEFINITIONS," IN ORDER TO DEFINE AND REGULATE THE COMPOSTING OF ORGANIC MATERIALS ON RESIDENTIAL PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing zoning regulations necessary for the protection of the public; and WHEREAS, on September 13, 2005, the Board of County Commissioners (Board) adopted Ordinance No. 2005-44, the "Collier County Litter, Weed, and Exotics Control Ordinance," to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials; and WHEREAS, the Board subsequently amended Ordinance No. 2005-44 through its adoption of Ordinance No. 2009-08, intended to streamline the nuisance abatement process, clarify certain definitions, and revise provisions relating exemptions; and WHEREAS, the Board desires to further amend Ordinance No. 2005-44, as amended, in order to regulate the practice of composting organic materials on residential property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2005- 44,AS AMENDED. Section Four of Ordinance No. 2005-44, as amended, is hereby amended by adding the definition for "Compost Pile," as set forth below. All subsequent definitions in this section shall be renumbered accordingly. 1 Packet Page -1202- 1/27/2015 17.E. SECTION FOUR: Definitions. When used in this Ordinance, the following words, phrases or terms shall have the following meanings,unless the content clearly indicates otherwise: * * * * * * 3. COMPOST PILE. A pile, mound of heap (whether on the ground or in a container or structure) consisting solely of on-site organic materials that are intentionally collected to create a compost material for gardening purposes. Composting is permitted on any residential or estates property and is specifically excluded from this ordinance provided that (1) the compost site is located in the rear-yard and is at least 10 feet from any property line; (2) all generated compost is for use on-site; (3) no materials are generated off-site; and (4) that the composting activities be conducted in such a manner as to not create a foul odor, attract vermin, or otherwise creates a public nuisance. * * * * * * SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. 2 Packet Page-1203- 1/27/2015 17.E. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk TIM NANCE , CHAIRMAN Appro ed : A •.I• .nd legality: 41101 Jeffrey Ii . ,;i atzkow County • ey 3 Packet Page-1204- 1/27/2015 17.E. November 18, 2014 Item #10A AUTHORIZE THE COUNTY ATTORNEY TO AMEND ORDINANCE 2005-44 TO REMOVE COMPOSTING RESTRICTIONS AND TO ADVERTISE FOR FUTURE i C> CONSIDERATION A NEW ORDINANCE ESTABLISHINA COMPOSTING REGULATIONS - MOTION TO APP OE WITH THE ADDITION OF GROUND WASTE TO COMP ING - APPROVED MR. OCHS: Item 10.A is a recommendat ZIr o authorize the County Attorney to amend Ordinance 200 i 4 emo ve composting restrictions and to advertise for future c ":tion a new ordinance establishing composting re ulatio N, This item was brought on the etida by Commissioner Henning. CHAIRMAN HENNING•fah, things have changed since this was last on our agenda se ars ago. What has changed -- well, first of all, Commissioner. ce is handing out plenty of seeds, starter plants to residents throughout the county, mainly Golden Gate Estates. We have in our • . • parks community gardens. There's a lot of interest in gar-e q'n: And this whole ordinance that was sent to you by email, i no - e art of your agenda, is to allow composting in your backyard It - certain criteria. A 10-by-10, has to be covered, natur..fD ,' ' .toing to have to be ventilated, you can't put animal waste i ' . 's - ually table scraps of, you know, vegetables and that. ose organic breaks down and creates a very organic type of application for plants. And so that's why I'm bringing it on the agenda. If anybody, any of the Commissioners, want, I did find a YouTube video that another county has applied and encouraging composting to their residents. That's up to the Board of Commissioners. Page 58 Packet Page-1205- 1/27/2015 17.E. November 18, 2014 Commissioner Nance? COMMISSIONER NANCE: Yes, Commissioner Henning, I fully support moving this item forward. I thank you for putting it on our agenda. I think composting has a lot of benefits to our community. One of them is in reducing the flow of organic material into our landfills and in our disposal system, which can be a tremendou . (by expense. And it's actually much better, serves our communi , • we keep that material spread out, rather than concentrating it • % e place. So I would certainly support considering a new o fi- e .- ce. The University of Florida of course has extensive expe - this area. In fact, they actually have a composting center of t o tion in Sarasota. And I did scan just briefly what EIFIS has to o r an composting. I would suggest, you know, as a mec is is moving forward that there's going to be a number of constderk, 3 at we're going to need to make. I believe not only the sortWidposting that you're proposing, which I think is comple appropriate for residential areas when done properly. It's a gre.befit and actually encourages people to get outside and a and so on, so forth. But I think also in our rural and rural residen ate of the county we can even expand that further, because these are other large bulk composting techniques that would be ap. • .riate for say residential lots in the Estates of two, two and a hal f es ihere they could do pile composting, trench compostin:• an lot of other things that are illustrated by the University - orida. ,. ., ld suggest that as we engage this issue that we request so 4 - , :lvement from Brian Flick and his staff at the University of F1:17. Extension to help us put some of these ideas together and to P g gather information from the university and move it forward. I don't know how fast, you know, you want to do that, but I would suggest that we can really put something together that's nice if we could engage the folks that we've got that are really knowledgeable on Page 59 Packet Page-1206- 1 1/27/2015 17.E. November 18, 2014 the topic as an aide to staff. CHAIRMAN HENNING: Yeah, I don't want to create any commercial operations in the Estates that is not agricultural. COMMISSIONER NANCE: No, I'm talking about private residential activities. I'm talking about commercial composting. 1\ think commercial composting, we already have a whole body okfCbd ordinance that manages that. But I mean for homes, let's sa er Estates, it's really I think in the best interest of the coup % courage people to compost and retain materials on their prope ' hen they have two and a half and five acres. For example, I as a fact that a lot of these properties, when people don't co s really burdens our horticultural recycling system to not engag is. This is really a good green practice that can not only be u 4 in gardening but it can be used in disposing of commonly genera = At ultural materials. CHAIRMAN HENNING: Y. , , b as palm fronds and -- COMMISSIONER NANCE: rte., . s clippings, palm fronds and things that are just out of pock . ainly urban residential settings don't want to retain those But if you have two and a half and five acres, it's very much sustainable for the county to engage in this sort of on-site recycying, if you will. And it is established as a green practice a Florida Friendly practice by the University of Florida. So I I dorsing that and codifying it in our ordinance would be . ve , • .od -- CH • `A , HENNING: If you can get me some material, I'll wor 1,4 • - County Attorney, providing the Board is in agreement. T•41, • .id be separate composting. And what you're recommending is .n the ground taking those yard waste, such as gr ass and grass clip 9 ings and so on, so forth. Vegetables and other table scraps, I think it's in the best interest of all to contain rodent factors -- COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: -- that that be covered up. If you want Page 60 Packet Page-1207- 1/27/2015 17.E. November 18, 2014 to give me some information, I'll work -- COMMISSIONER NANCE: If the Board agrees that this should be moved forward, I'd be more than happy to do that and to engage our university staff and providing information to staff and yourself for your considera-- for the Board's consideration. I think there's a -- there's just a wealth of information avai .':i o us. It addresses different sorts of problems that have been a tered elsewhere. And I think everybody will be very comforts lith some of the things that we put together. CHAIRMAN HENNING: Commissioner Fia 4I4Zn Commissioner Taylor. COMMISSIONER FIALA: Okay, unless o ould want -- COMMISSIONER TAYLOR: I just Q c . I think it's a great idea. Well done, I look forward to revi= • ' Aft. COMMISSIONER FIALA: • .. . ink this is great for conscientious people who would alt. y adhere to some of these suggestions as to how to com d it mentioned in here as I was reading through about fi g the brown layer and then layering the green layer and then w ' g and then go back and do the same thing, and this is how tondo it, never put meats or anything like that and certain things th. .nnot go in. And I th' 4, •et •le like you would do just exactly that. Then we have peop w' . e going to just throw anything in there. Now it becomes a ' • •it troublesome, especially for the neighbors who mi_ .14 ' . g to deal with the odors that emanate from that. . other thing I was thinking -- and so I don't know how you co estrict that as you go along. I don't think you can just make it only for conscientious people who are honorable. But if it would be for everybody, we'll have to be a little more careful. Also, another problem we've been dealing with recently that we never had to deal with years before and that are the bears. And as you Page 61 Packet Page -1208- 1/27/2015 17.E. November 18, 2014 well know, they'll break into a screened-in porch just to get to the garbage can. And would this be an attractant to them, especially if they're mishandled. And I think we're going to have to address that. Because we have bears and coyotes out there who might just think that we're preparing lunch for them, who knows? And I had a couple other things. These are only concerns lii think we should deal with. Composting is good, as long as i ne properly and -- as we've all been saying. 0 And some of the things that you cannot leave in you know, like pet wastes or dairy products or whatever. You , we have to just be careful that people adhere to it. I. Then it said that if you don't and your nei• • .r ays that the smell is terrible, then you don't have to fix it unt.4 e give you a written notification. And then if you don't fib i 4 en there might be even a more delayed period. Well, we Veils° consider the effects that it has in a neighborhood. So, let's see, I think that i iat I had mentioned here. I don't want to go on and on. B , are things -- I think it's admirable. My goodness, my son eve 'I •s a worm farm. He really -- yeah, he does. COMMISS R TAYLOR: That's the best. COMM O R FIALA: And they're really great. But a 1 so composting is great, I just think we have to address all o , is of it. Thank you. '4 t :• • HENNING: Let me try to address some of that for y• . ►' e people who are going to compost are the people that is going to want to take that material and put it on their plants. And if you put the things that you mentioned in there -- George help me out, it doesn't go anaerobic? In other words, it doesn't -- COMMISSIONER FIALA: They have it here. Page 62 Packet Page-1209- 1/27/2015 17.E. November 18, 2014 CHAIRMAN HENNING: Yeah, it doesn't break down the good material. COMMISSIONER FIALA: You can't put certain things in there. CHAIRMAN HENNING: Right, you can't put them in there. MR. KLATZKOW: You can't put fat in compost. CHAIRMAN HENNING: Yeah, you can't put fat -- C� MR. KLATZKOW: I composted for years. Just organie� COMMISSIONER TAYLOR: We have an expert. 0 CHAIRMAN HENNING: And if you do, it kill ∎1 •e good stuff. And you want to create those food products . loin g to encourage the worms to come in there to help :4114- .k down those materials. And if you put meat products or fat, ate or something like that, it's not going to happen, you're going ii. kil the worms. COMMISSIONER FIALA: Yqu'iri&.if g about a conscientious honorable person doing that. N, CHAIRMAN HENNING: Vim the next person -- now a person that's going to put the nd the fats, they're not interested in composting, they're go' t it in their garbage for the bears and the coyotes. And the bear d coyotes are not vegetation (sic) so they're still going to be doing into the garbage can and getting those materials. So it's j ke ommissioner Nance says, there's several reasons to do it, in ud reducing our waste stream that goes into our landfill. So wi 110`i :t, if there's anything else? 'l.A ►' SSIONER TAYLOR: No, I just -- I'm sorry, I'm fine. IRMAN HENNING: Entertain a motion? •MMISSIONER TAYLOR: So moved to move this issue fo and with the background that's needed to make an effective ordinance for folks who want to compost in Collier County. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Does that include Commissioner Page 63 Packet Page-1210- 1/27/2015 17.E. November 18, 2014 Nance's addition to yard -- to allow yard waste ground composting? COMMISSIONER TAYLOR: I would bow to his expertise in the area. Yes, I would agree to that, if-- but as you brought this forward, Chairman Henning, what is your -- CHAIRMAN HENNING: Yeah, I think it's proper within t proper setbacks. So it doesn't become a nuisance to neighbors 1 fps Commissioner Fiala's concerns. Discussion on the motion? 0 (No response.) '�.ak CHAIRMAN HENNING: All in favor of the - • •n, signify by t454.7 saying aye. COMMISSIONER FIALA: Aye. A V CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Ay COMMISSIONER TAYLO ' � COMMISSIONER NANCE: 4a, . CHAIRMAN HENNING• lposed? (No response.) CHAIRMAN HE : Motion carries unanimously. Item #10C RESOLU 0 114-246: A RESOLUTION IN SUPPORT OF THE BUDGET ')" EST MADE BY SOUTH FLORIDA AG CO -0 THE FLORIDA LEGISLATURE FOR • ED FUNDING OF SOUTHWEST FLORIDA '47. RCH AND EDUCATION CENTER AND TO DISTRIBUTE RE OLUTION IN THE MANNER SET FORTH — ADOPTED MR. OCHS: Item 10.0 is a recommendation to approve a resolution in support of the budget request made by the South Florida Page 64 Packet Page-1211- 1/27/2015 17.E. >f • NAPLES DAILY NEWS (( Friday,January 16, 2015 « 27D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 27, 2015, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the.Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-44, AS AMENDED, WHICH REGULATES AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY,SPECIFICALLY AMENDING SECTION FOUR,'DEFINITIONS,"IN ORDER TO DEFINE AND REGULATE THE COMPOSTING OF ORGANIC MATERIALS ON RESIDENTIAL PROPERTY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILTY;AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to Speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of,the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon,Deputy Clerk (SEAL) January 16.2015 No 2045310 • Packet Page-1212-