Agenda 01/13/2015 Item #16K 3 Proposed Agenda Changes
Board of County Commissioners Meeting
January 13, 2015
Continue Item#16A19 to the January 27,2015 BCC Meeting: Recommendation to approve termination
of a 2005 Developer Agreement between Collier County and Naples Syndications,LLLP and approve a
replacement Developer Agreement between the County and the new Developer,ARGO Warm Springs LLC,
to among other things design,permit and construct of a portion of Woodcrest Drive. (Petitioner's request)
Move Item#16D17 to Item#11C: Recommendation to approve the use of previously awarded Invitation to
Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for budget-approved
capital and operating expenses. (Commissioner Henning's request)
Move Item#16D5 to Item#11D: Recommendation to award Contract Number 14-6338,Eagle Lakes
Community Park Pool Design Services,to Victor J.Latavish Architect,P.A.,for professional architectural
services,and authorize the Chairman to execute the attached contract. (Commissioner Nance's request)
Move Item#16E9 to Item#11E: Recommendation to waive competition and authorize the purchase of
certain fleet parts,repairs and services for County vehicles and equipment from local Ford dealerships
on an emergency basis until contracts can be put in place and to authorize purchases from the single-
source supplier Wallace International Trucks located in Ft.Myers. (Commissioner Henning's request)
Move Item#16J6 to Item#13A: To provide the Board of County Commissioners the Clerk of the Circuit
Court's Office Audit Report 2014-13 regarding the North Collier Regional Park Cash Handling issued
on January 7,2015. (Commissioner Taylor's request)
Note:
Item#7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that
occurs before 1:00 p.m.
Item#16B1 title on agenda index should read: Request Recommendation that the Collier County Board
of County Commissioners (BCC)as the Community Redevelopment Agency Board(CRAB)adopt-an
authorize advertisement of an ordinance to-amend amending Ordinance No.2002-38,"The Collier
County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity Grant
Program for the Immokalee Community Redevelopment Area. (County Attorney's Office request)
ADD THE FOLLOWING CLARIFICATION TO ITEM #16K3: COMPOSTING IS
PERMITTED ON ANY RESIDENTIAL OR ESTATES PROPERTY..." (COUNTY
ATTORNEY'S REQUEST)
1/13/2015 8:51 AM
1/13/2015 16.K.3.
n EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back to the Board
of County Commissioners for future consideration an amendment to the Collier County
Litter, Weed, and Exotics Control Ordinance (Ordinance No. -2005044, as amended)
intended to define and regulate the composting of organic materials on residential
properties.
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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 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
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activities be conducted in such a manner as to not create a foul odor, attract
vermin,or otherwise creates a public nuisance.
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.
FISCAL IMPACT: The estimated cost to advertise the proposed Ordinance is $300.00.
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 directs the County
Attorney to advertise and bring back to the Board the proposed 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.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Attachments—Proposed Ordinance
Transcript of Item 10-A-November 18,2014 meeting.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back to the Board of County Commissioners for future consideration 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: 1/13/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
1/7/2015 11:32:07 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
1/7/2015 11:32:08 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/7/2015 2:16:21 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/7/2015 2:22:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/7/2015 2:31:18 PM
Name: OchsLeo
Title: County Manager, County Managers Office
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Date: 1/7/2015 3:18:30 PM
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ORDINANCE NO. 2015 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER 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.
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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
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.
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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 , CHAIRMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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November 18, 2014
Item #10A
AUTHORIZE THE COUNTY ATTORNEY TO AMEND
ORDINANCE 2005-44 TO REMOVE COMPOSTING
RESTRICTIONS AND TO ADVERTISE FOR FUTURE Ctiti
CONSIDERATION A NEW ORDINANCE ESTABLISHI
COMPOSTING REGULATIONS - MOTION TO APP OE WITH
THE ADDITION OF GROUND WASTE TO COMP ING -
APPROVED
IS
MR. OCHS: Item 10.A is a recommendat n o authorize the
County Attorney to amend Ordinance 200 4 t remove composting
restrictions and to advertise for future c b:. :tion a new ordinance
establishing composting re�latio
This item was brought on the ei,da by Commissioner Henning.
CHAIRMAN HENNING• h, 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 - +art of your agenda, is to allow composting in your
backyard It - certain criteria. A 10-by-10, has to be covered,
natur.. ' ' :oing to have to be ventilated, you can't put animal waste
i s - ually table scraps of, you know, vegetables and that.
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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.
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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 Cbo
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 . ce. The
University of Florida of course has extensive expe iii. this area. In
fact, they actually have a composting center of•• o tion in Sarasota.
And I did scan just briefly what EIFIS has to o r on composting.
I would suggest, you know, as a mec is is moving forward that
there's going to be a number of cons ode 3 at we're going to need
to make. I believe not only the so p ostin that you're
proposing, which I think is comple appropriate for residential areas
when done properly. It's a gre A4Nefit and actually encourages
people to get outside and and so on, so forth. But I think also in
our rural and rural residen parts of the county we can even expand
that further, because thee are other large bulk composting techniques
that would be ap► • m riate for say residential lots in the Estates of two,
two and a hal f es here they could do pile composting, trench
compostin• an lot of other things that are illustrated by the
University orida.
:') , id suggest that as we engage this issue that we request
so, , :lvement from Brian Flick and his staff at the University of
Fl• • . Extension to hel p 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
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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 it 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 =. Aft ultural materials.
CHAIRMAN HENNING: Y., , ■ as palm fronds and --
COMMISSIONER NANCE: rt, . 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 e 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 . 1 dorsing that and codifying it in our ordinance
would be . ve • • •od --
CHA A■ HENNING: If you can get me some material, I'll
wor 1) • • - County Attorney, providing the Board is in agreement.
T• • .ld be separate composting. And what you're recommending
is i7•n the icound taking those yard waste, such as grass and grass
clip•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
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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 .':4 o
us. It addresses different sorts of problems that have been e tered
elsewhere. And I think everybody will be very comforta pith some
of the things that we put together.
CHAIRMAN HENNING: Commissioner Fia mSn
Commissioner Taylor.
COMMISSIONER FIALA: Okay, unless o ould want --
COMMISSIONER TAYLOR: I just 4; 1 c . I think it's a great
idea. Well done, I look forward to revi: • ' :l'.
COMMISSIONER FIALA: this is great for
conscientious people who would a y adhere to some of these
suggestions as to how to com d it mentioned in here as I was
reading through about fir g the brown layer and then layering
the green layer and then
grin
g and then go back and do the same
thing, and this is how to#do it, never put meats or anything like that and
certain things th. .nnot go in.
And I th' 0, .e. .1e 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
migh ID i . 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
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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 i
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.
IP
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. e give you a written
notification. And then if you don't fib i en there might be even
a more delayed period. Well, we V, also consider the effects that
it has in a neighborhood.
So, let's see, I think that iiat 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 '• .s a worm farm. He really -- yeah, he
does.
COMMISS ER TAYLOR: That's the best.
COMM O R FIALA: And they're really great.
But al so composting is great, I just think we have to
address all t• , is of it. Thank you.
94 :• £ 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.
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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.
ex\CHAIRMAN HENNING: Yeah, you can't put fat -- v
MR. KLATZKOW: I composted for years. Just organic
COMMISSIONER TAYLOR: We have an expert. 0
CHAIRMAN HENNING: And if you do, it kills 1 •e good
stuff. And you want to create those food products 46. •oing to
encourage the worms to come in there to help : .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 Ai. kil the worms.
COMMISSIONER FIALA: Ytiiu'ipv, g about a conscientious
honorable erson doing that
p g . ''�,
CHAIRMAN HENNING: Bi0ow the next person -- now a
person that's going to put the d .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 going 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 10.1 :t, if there's anything else?
f(-0,..;).A I./ SSIONER TAYLOR: No, I just -- I'm sorry, I'm fine.
IRMAN HENNING: Entertain a motion?
i•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
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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 14w
Commissioner Fiala's concerns.
Discussion on the motion? 0
(No response.)
CHAIRMAN HENNING: All in favor of the •7S
'n, signify by
it 21
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye. Ot2V
COMMISSIONER HILLER: Ay
COMMISSIONER TAYLO ��
COMMISSIONER NANCE: .
CHAIRMAN HENNING 1posed?
(No response.)
CHAIRMAN HE : Motion carries unanimously.
Item #10C
RESOLU O 114-246: A RESOLUTION IN SUPPORT OF THE
BUDGET *. EST MADE BY SOUTH FLORIDA AG
CO 1, "O THE FLORIDA LEGISLATURE FOR
C e ' ED FUNDING OF SOUTHWEST FLORIDA
�• 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
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