Agenda 10/22/2019 Item #17B (BearWise Program)10/22/2019
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 2005-54, as amended, which
established Mandatory Solid Waste Collection, by adding provisions related to the BearWise
Program.
OBJECTIVE: To adopt an amendment to the Solid Waste Mandatory Collection Ordinance No. 2005-
54, as amended, codified in Chapter 118, Article IV of the Code of Laws and Ordinance (“Ordinance”),
by adding new definitions, and enacting voluntary options for use of bear-resistant containers, and
requiring commercial and residential customers to secure solid waste.
CONSIDERATIONS: On September 24, 2019, Agenda Item No. 16C5, the Board authorized
advertisement of an ordinance amending Ordinance No. 2005-54, as amended, which established
Mandatory Solid Waste Collection, to adopt provisions related to the BearWise Program.
As background, on June 12, 2018, Agenda Item No. 5B, the Board heard a presentation from the Florida
Fish and Wildlife Conservation (FWC) Commission on the status of Florida Black Bear population and
methods to mitigate human-bear conflict. On September 25, 2018, Agenda Item No. 5B, the Board was
given information regarding the County-adopted BearWise initiatives and overview of a draft ordinance
for the use of bear-resistant solid waste containers.
Accordingly, as directed by the Board, the Solid and Hazardous Waste Management (SHWM) Staff is
presenting proposed amended ordinance language and requesting adoption by the Board. The intent of
this ordinance is to formalize definitions regarding bear-resistant containers and enact voluntary use of
bear-resistant containers. Customers shall have the option of utilizing County approved Bear -Resistance
containers, if available. Furthermore, the draft language requires commercial and residential customers to
secure solid waste until collection set-out time when using a non-Bear-resistant container.
The proposed modifications are as follows:
Section One of the Ordinance, Definitions, Codified as Section 118-86 of the Code of Laws and
Ordinances:
• Adds a definition with specifications for a residential Curbside Bear-Resistant Solid Waste
Container.
• Adds a definition with specifications for a Commercial Bear-Resistant Solid Waste Container.
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-104 of the Code of Laws and Ordinances:
Subsection C, 2, 4, 13, and 15- Residential Real Property
• Adds language that a Curbside Bear-Resistant Container can be utilized to secure household
garbage from bear intrusion.
• Adds language that Recyclable material shall be free of food residue to avoid attracting bears.
• Adds “Curbside Bear-Resistant Solid Waste Container” to the language concerning overfill
violations.
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10/22/2019
• Adds “Curbside Bear-Resistant Solid Waste Container” to the language regarding loss or
customer negligence replacement.
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-86 of the Code of Laws and Ordinances:
Subsection E, 5- Commercial Real Property
• Adds language regarding Commercial Real Property customers that requires customers to secure
containers, if a non-bear-resistant solid waste container is utilized.
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-104 of the Code of Laws and Ordinances:
Adds Section H, 1 - Special Events with specific requirements if food is generated to secure the
containers, if a non-bear-resistance solid waste container is utilized.
FISCAL IMPACT: The cost to advertise the ordinance was $472.50 and will be paid from the
Mandatory Trash Collection Fund (473).
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this item.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority
vote for Board approval. - JAB
RECOMMENDATION: To adopt an ordinance that amends Ordinance No. 2005-54, as amended,
codified as Chapter 118, Article IV in the Code of Laws and Ordinances, which established the Solid
Waste Mandatory Collection, by adding provisions related to the Bear Wise Program.
Prepared By: Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management Division
ATTACHMENT(S)
1. Bear Ordinance CAO Stamped 9.12.19 (PDF)
2. Grant Cost Share (PDF)
3. FAQ Bearwise Ordinance Amendment (PDF)
4. Legal Ad - Agenda ID 10340 (PDF)
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10/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 10340
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 2005-54, as
amended, which established Mandatory Solid Waste Collection, by adding provisions related to the
BearWise Program.
Meeting Date: 10/22/2019
Prepared by:
Title: – Solid and Hazardous Waste
Name: Nadine Dunham
09/30/2019 9:45 AM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
09/30/2019 9:45 AM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/30/2019 10:22 AM
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 09/30/2019 12:30 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/30/2019 2:16 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/02/2019 12:45 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/02/2019 3:17 PM
County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 10/07/2019 11:22 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/08/2019 12:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/09/2019 8:59 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/10/2019 5:59 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/12/2019 11:59 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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17.B.1Packet Pg. 3135Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
17.B.1Packet Pg. 3136Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
17.B.1Packet Pg. 3137Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
17.B.1Packet Pg. 3138Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
17.B.1Packet Pg. 3139Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
17.B.1Packet Pg. 3140Attachment: Bear Ordinance CAO Stamped 9.12.19 (10340 : Bear Cart Ordinance Adoption)
Created by Taylor Sawatzky 5/8/2019 PUD
Bear wise Grant
Grant Share County Share Total
$35,334 90%$3,926 10%$39,260 100%
$9,090 90%$1,010 10%$10,100 100%
$44,424 $4,936 49,360.00$
Grant Cost Share Break Down County
Order 1
Order 2
174 carts @ $215 + $1850 freight
40 carts @ $215 + 1500 freight
NOTES
Total
$49,360
$49,360
Remaining Balance on P/O $600
Invoice Breakdown Vendor
Total P/O
Billed amout
$39,860
$39,260
1st invoice 2nd invoice MOD 5/8/19
$9,500
$10,100
-$600
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Packet Pg. 3141 Attachment: Grant Cost Share (10340 : Bear Cart Ordinance Adoption)
Created by Taylor Sawatzky 5/8/2019 PUD
1st order invoice ($39,260)
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Packet Pg. 3142 Attachment: Grant Cost Share (10340 : Bear Cart Ordinance Adoption)
Created by Taylor Sawatzky 5/8/2019 PUD
2nd Invoice ($10,100)
17.B.2
Packet Pg. 3143 Attachment: Grant Cost Share (10340 : Bear Cart Ordinance Adoption)
2005-54 Ordinance Amendment
Regarding BearWise Program
FAQs
1. Why does the 2005-54 Solid Waste Ordinance need to be amended?
Amendment to the Solid Waste Ordinance is required to:
• Define bear-resistant containers.
• Incorporate new definitions to provisions that reference containers.
• Requiring bear deterrent practices, such as setting out clean recyclable
materials.
2. Will the set-out procedures remain the same by using a Bear-Resistant
container?
• Yes, set out procedures will remain the same as existing Ordinance. 6 pm
the night before to 6 pm day of.
3. Does this Amendment dictate who must use a Bear-Resistance container?
• No, this program is voluntary, and customers have the option of purchasing
and using a Bear-Resistant container, if available.
4. What will be the cost to obtain a residential bear-resistance container?
• Currently the cost to residents for a residential Bear-Resistant container is
$230.00. This price could change in the future depending on cost of
additional carts and availability of additional grant monies.
5. Will the County replace my residential bear-resistance container if it is stolen
or damaged?
• No. Bear-resistance carts are owned by the residents, a new regime in CC,
where historically, containers were provided by the collection vendor.
Therefore, any losses such as theft or damaged outside of the manufacture
warranty will be the responsibility of the residents.
6. Will I be able to keep my regular green-top trash cart and add an additional
bear-resistant trash cart?
• Yes, but the provisions for residential customers provided in the amendment
requires that if a Bear-Resistance container is not used, then all Solid Waste
shall be secured from bear intrusion until it is placed curbside for collection.
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Packet Pg. 3144 Attachment: FAQ Bearwise Ordinance Amendment (10340 : Bear Cart Ordinance Adoption)
7. Will I be able to get more than one bear-resistant cart for my household?
• Yes
8. How does this amendment affect my disposal of recycles?
• This Ordinance requires that recyclable material placed in the recycle
containers and stored outside shall be sufficiently free from residue of food
so that they do not attract bears.
9. Can my recycle container be bear-resistant?
• At this time a bear resistant cart for recyclables is not available, per
ordinance recycle carts are only permitted to be 64 gallons; at this time, bear
carts are only available in 95 gallons. Moreover, the bear cart industry is
geared for MSW, as recyclables shall be free of residue (i.e. the bear
attractant).
10. Am I required to have a bear-resistant trash cart?
• No, bear-resistant trash carts are optional. We recommend using a bear-
resistant trash cart if you have bear encounters on your property, even
infrequently.
11. How will this amendment affect Commercial customers and Special Events?
• This amendment requires that commercial real property customers and any
person seeking a permit for a special event in Collier County shall always
secure containers except when loading or unloading to prevent intrusion
from bears, if they elect not to utilize a bear-resistant container
12. Am I allowed to provide my own bear-resistant cart?
• If you wish to use your own bear-resistant cart, it must adhere to the
requirements for automated collection service, as required by Waste
Management Inc., of Florida and Waste Connections, Inc. as follows:
Bear-resistant cart needs to be unlocked on the day of service. The
truck driver will not get out of the vehicle to unlock your bear-resistant
cart, and it will not be serviced.
A waiver relieving Collier County and its vendors of any liability in
instances regarding your cart will need to be signed in coordination
with the contractor.
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Packet Pg. 3145 Attachment: FAQ Bearwise Ordinance Amendment (10340 : Bear Cart Ordinance Adoption)
13. If I decide to use a bear-resistant trash cart, will there still be bears in my
area?
• Bear-resistant carts will prevent the garbage from being spread on your
property but will not necessary keep bears away from the area.
14. What available size for residential bear-resistant container?
• A 95-gallon cart is the only size available currently.
15. I am disabled and currently have back door service for my trash and recycle
collection. Is this service available with the bear-resistant container?
• Yes, back door service is available with bear-resistant carts.
16. Is Collier County the only County with a bear-resistance Ordinance?
• Currently there are 5 counties in Florida with a similar Ordinance. All these
ordinances are voluntary.
17. Define secure.
Securing is left flexible as bears are not in reported in every area of CC and each
person has their own method. What works for one family may not work for every
family. In line with commissioner’s guidance, the goal is to work with FWC to
educate on BearWise practices.
Therefore, a requirement for securing may not be a one size fits all.
18. Can I retrofit my trash can?
You may at your cost, as long as your can is available for pick up at collection time.
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Packet Pg. 3146 Attachment: FAQ Bearwise Ordinance Amendment (10340 : Bear Cart Ordinance Adoption)
17.B.4
Packet Pg. 3147 Attachment: Legal Ad - Agenda ID 10340 (10340 : Bear Cart Ordinance Adoption)