Loading...
Agenda 05/12/2015 Item #10BEXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2005-54 with direction to include revision to Section Nineteen to meet updated market standards for landscape recycling. ___________________________________________________________________________ OBJECTIVE: to bring Ordinance 2005-54 up to date with today’s consumer market as the 32 gallon landscaping bins listed in Section 19 are carries less frequently by retail stores. CONSIDERATIONS: Currently, Ordinance 2005-54 is 10 years old. Solid Waste Department staff and the County Attorney are working on several revisions to bring it up-to- date with today’s market. In addition to staff’s revisions that are underway, the Board wishes to direct staff to include revisions to Section 19 in order for the Ordinance revisions to be advertised and brought back to the Board. Ordinance 2005-54 Section Nineteen, Subsection C reads: 3. Curbside Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when filled. (Attachment A) Section Nineteen, Subsection C)3 should be revised as follows: 3. Curbside Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed forty-two (42) thirty -two (32) gallons in capacity and or fifty (50) pounds in weight when filled. According to Solid Waste staff, the size of bin is less the concern than the weight so the revision should maintain the weight limit preferred by staff which is currently 50 pounds unless staff determines the weight needs updated as well. (Attachment B) Currently, the consumer market offers 42 gallon capacity bins rather than 32 gallon in the majority of retail stores; therefore the Ordinance must meet what is available to constituent consumers. FISCAL IMPACT: None at this time. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK Packet Page -217- 5/12/2015 10.B. RECOMMENDATION: Recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2005-54 with direction to include revision to Section Nineteen to meet updated market standards for landscape recycling. Prepared by: Commissioner Tom Henning Attachments: A) Ordinance 2005-054 Solid Waste Collection Disposal; B) Solid Waste Staff Email AIMS Issue 5922 Harvey Packet Page -218- 5/12/2015 10.B. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.B. Item Summary: Recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2005-54 with direction to include revision to Section Nineteen to meet updated market standards for landscape recycling. (Commissioner Henning) Meeting Date: 5/12/2015 Prepared By Name: SmithCamden Title: Executive Coordinator to Commissioner, 5/6/2015 10:09:59 AM Submitted by Title: Executive Coordinator to Commissioner, Name: SmithCamden 5/6/2015 10:10:00 AM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 5/6/2015 11:14:05 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/6/2015 3:05:49 PM Packet Page -219- 5/12/2015 10.B. Ordinance No. 2005-~ l ~."' .... , .. ·. ::t C-'-1 ~-~ -~\\\ ~ AN ORDINANCE OF THE BOARD OF COUNTY ~ \t.\Al l ~ 'COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ~~ ..,..,o ESTABLISHING T\VO W MUNICIPAL SERVICE BENEFIT <lstsnM~\.1." UNITS IN THE \.tNINC!i)RPORATED AREA OF COLLIER COUNTY FOR 'THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECIION, DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT UNITS; PROVIDING DEFINITIONS; PROVIDING FOR CREATION, PURPOSE, AND DECLARATION OF BENEFIT; PROVIDING FOR A GOVERNING BODY; PROVIDING POWERS; PROVIDING FOR BUDGET ADOPTION; ESTABLISHING A TRUST FUND; PROVIDING FOR PRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE; PROVIDING FOR AN ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT; PROVIDING FOR ANNUAL RATE RESOLUTION; PROVIDING FOR CERTIFICATION OF RATE RESOLUTION; PROVIDING FOR A SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION ...., ·==-- OF ANNUAL SPECIAL ASSESSMENT; PROVIDING pOl{: n SCOPE OF SPECIAL ASSESSMENT, DELINQUENCY, ANp;i ~ LIENS; PROVIDING FOR PAYMENTS; PROVIDING FOR :: ':3 CORRECTION OF ERRORS AND OMISSIONS; PROVIDINfl : ·..o FOR FAILURE TO INCLUDE RESIDENTIAL REAL PROPER'rii,?; 2: ~,n ON ANNUAL SOLID WASTE COLLECIION, DISPOSAL AN9~'. --'-:J ADMINISTRATION SPECIAL ASSESSMENT ROLL'i.~'· ·?. PROVIDING FOR ENFORCEMENT OF DELINQUENT ANNUAf5~i ~:::~ GARBAGE AND SOLID WASTE COLLECTION, DISPOSAl?··· AND ADMINISTRATION SPECIAL ASSESSMENTS; PROVIDING FOR MANDATORY SOLID WASTE COLLECTION; PROVIDING FOR OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES; PROVIDING FOR RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECIION; PROVIDING FOR TERMINATION OF SERVICE BY CONTRACIOR; PROVIDING FOR EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; ESTABLISHING PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS; PROVIDING FOR FINANCIAL HARDSHIP DEFERMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, INCLUDING ORDINANCE 90-30; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR FILING WITH DEPARTMENT OF STATE AND AN EFFECIIVE DATE. WHEREAS, Article VIII, Section l of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida, ("Board") all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law, and such powers may be exercised by the enactment of County ordinances; and Packet Page -220- 5/12/2015 10.B. Packet Page -221- 5/12/2015 10.B. Packet Page -222- 5/12/2015 10.B. Packet Page -223- 5/12/2015 10.B. Packet Page -224- 5/12/2015 10.B. Packet Page -225- 5/12/2015 10.B. Packet Page -226- 5/12/2015 10.B. Packet Page -227- 5/12/2015 10.B. Packet Page -228- 5/12/2015 10.B. Packet Page -229- 5/12/2015 10.B. Packet Page -230- 5/12/2015 10.B. Packet Page -231- 5/12/2015 10.B. Packet Page -232- 5/12/2015 10.B. Packet Page -233- 5/12/2015 10.B. Packet Page -234- 5/12/2015 10.B. Packet Page -235- 5/12/2015 10.B. Packet Page -236- 5/12/2015 10.B. Packet Page -237- 5/12/2015 10.B. Inadvertent or mistaken issuance of a Certificate of Occupancy shall not relieve any Person from compliance with these provisions . SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES. From the time that Solid Waste and Program Recyclables are placed at the Curbside or other authorized location for collection by the County or the Contractor, such materials shall be the sole property of the County. No Person shall have the right to take, keep , process, alter, remove or otherwise sell or dispose of such materials, without the prior written approval of the Manager . SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION. The Contractor shall collect Solid,Waste from Residential Real Property and Commercial Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as follows: A. All collection services provided by the Contractor under the tenns of this Ordinance shall be perfonned in a professional manner in compliance with the Service Agreement and all applicable local, state and federal laws . Any litter or spillage caused by the Contractor shall be removed immediately by the Contractor . B . Collection service shall be provided by the Contractor on Monday through Saturday, except Holidays. The Contractor shall not be required to provide collection service on Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the date designated as a Customer's collection day, the collection for that Customer shall take place no later than the next regular collection day for the Customer. C. Residential Real Property: 1. Except as otherwise provided herein or in the Service Agreement, the Contractor shall collect, remove and dispose of the Solid Waste set out for collection by residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided collection service at Curbside for the following materials, subject to the provisions of the Service Agreement: (a) Garb&ge and Rubbish; (b) Yard Trash; (c) Program Recyclables; (d) Bulk Waste; (e) White Goods ; (f) Tires; and (g) Electronic Equipment. 19 Packet Page -238- 5/12/2015 10.B. 2. Except as otherwise provided herein, residential Customers shall use Curbside Containers for the collection of Garbage, Rubbish, and Yard Trash. Residential Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. 3. Curbside Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when filled. 4. Program Recyclables shall be set out for collection in a Recycling Cart or Recycling Bin. Cardboard placed in a Recycling Cart or Recycling Bin shall be flattened and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin. 5. Discarded materials from small household repairs, renovations or projects shall be placed in a Roll Cart. No other C&D Debris shall be placed at the Curbside. C&D Debris generated on Residential Real Property by a licensed builder or contractor shall be removed by the builder or contractor. 6. Curbside Containers, Recycling Carts, Recycling Bins, and any non- containerized waste appropriate for Curbside collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled collection day. However, these containers and materials shall not be placed at Curbside more than twenty-four (24) hours prior to the Customer's next regularly scheduled collection day. Such containers and materials shall be placed at least four (4) feel from mailboxes or other obstacles. The Customer shall remove from the Curbside all Curbside Containers, Recycling Carts and Recycling Bins within twenty-four (24) hours after the Customer's Solid Waste has been collected. 7. A residential Customer shall not set out for collection more than four (4) Tires and two (2) lead acid batteries per month. 8. A residential Customer shall contact the Manager at least forty-eight (48) hours before the Customer's regularly scheduled collection day if the Customer wishes to receive Curbside collection of Bulk Waste, White Goods, Electronic Equipment, Tires, or lead acid batteries. 9. Garbage and similar putrescible waste shall not be collected, stored, or set out in an open. uncovered Collection Container. 2 0 Packet Page -239- 5/12/2015 10.B. Packet Page -240- 5/12/2015 10.B. Packet Page -241- 5/12/2015 10.B. Packet Page -242- 5/12/2015 10.B. Packet Page -243- 5/12/2015 10.B. Packet Page -244- 5/12/2015 10.B. Packet Page -245- 5/12/2015 10.B. Packet Page -246- 5/12/2015 10.B. Packet Page -247- 5/12/2015 10.B. Packet Page -248- 5/12/2015 10.B. Packet Page -249- 5/12/2015 10.B. Packet Page -250- 5/12/2015 10.B. From: BelloneJoseph Sent: Wednesday, April 22, 2015 4:48 PM To: SmithCamden; HapkeMargie Cc: ScavoneMichelle; YilmazGeorge; RodriguezDan; TeachScott Subject: RE: Aims Issue 5922, Harvey Attachments: Ordinance 2005-054 Solid Waste Collection Disposal.pdf Camden, The Ordinance is attached for your reference. Please let me know if there is anything else you need. Joe Bellone Division Director, Financial Operations Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 (239) 252-2351 -----Original Message----- From: SmithCamden Sent: Wednesday, April 22, 2015 4:25 PM To: BelloneJoseph; HapkeMargie Cc: ScavoneMichelle; YilmazGeorge; RodriguezDan; TeachScott Subject: RE: Aims Issue 5922, Harvey Understood. Commissioner Henning wants someone to give us a copy of it. Please provide. Respectfully, Camden Smith, MPA Executive Coordinator Office of Commissioner Tom Henning, District 3 239.252.8605 -----Original Message----- From: BelloneJoseph Sent: Tuesday, April 21, 2015 11:42 AM To: HapkeMargie; SmithCamden Cc: ScavoneMichelle; YilmazGeorge; RodriguezDan; TeachScott Subject: RE: Aims Issue 5922, Harvey Importance: High The Ordinance, as approved today, requires the size of the container be 32 gallons and must be less than 50 pounds. Staff is in the process of updating and amending certain sections of Ordinance 2005-54 that is now 10 years old, and it is with the County Attorney's Office Packet Page -251- 5/12/2015 10.B. for review today. Once the CAO approves the staff recommended changes, staff can include a change in section nineteen to change the size of the container such that those containers are readily available in local retail outlets. This Ordinance change will then be brought to the Board of County Commissioners for consideration and approval. Joe Bellone Division Director, Financial Operations Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 (239) 252-2351 -----Original Message----- From: HapkeMargie Sent: Tuesday, April 21, 2015 11:20 AM To: BelloneJoseph Cc: ScavoneMichelle Subject: FW: Aims Issue 5922, Harvey Importance: High Joe, please see the information request from Commissioner Henning's office below. Margie -----Original Message----- From: ScavoneMichelle Sent: Tuesday, April 21, 2015 11:20 AM To: HapkeMargie Cc: CoxMichael Subject: FW: Aims Issue 5922, Harvey Importance: High Margie- Henning wants an answer to his question below. The AIMS issue is still under Camden's name, so I'm not sure if you can reply in AIMS program or by email and she can copy and paste herself into AIMS program...Anyway please provide a response. Thanks, Michelle -----Original Message----- From: SmithCamden Sent: Tuesday, April 21, 2015 10:11 AM To: ScavoneMichelle Subject: Aims Issue 5922, Harvey Packet Page -252- 5/12/2015 10.B. A Staff Comment has been entered for this issue by camdensmith@colliergov.net as follows: If ordinance says 32 gallon can can go up 12" above top and can weigh 50lbs then why not a 40 gallon can which is the standard sold that still weighs no more than 50lbs. Please provide written answer to Commissioner Henning's office (Camden Smith) on any issues regarding this. Thanks. Click http://bccportal0101/webapps/bcc/aims08/Default.aspx?IncidentID=5922 to Go To the Issue. PLEASE, ONLY EMAIL REPLIES THROUGH THE AIMS APPLICATION Thank You, We AIMS to please! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want Packet Page -253- 5/12/2015 10.B. your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page -254- 5/12/2015 10.B.