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BCC Minutes 03/11/1986 W - - - ; , Immokalee, Plori~a, ~arch 11, 19q~ Lr:T IT ~F. P¡::'ir.I.IBF.:RF.I', that the ßoarr" of County Commissioners in and for the Countv of Colli'!r, and "1190 lctin" liS the Roard of Zoning Appc~ls and as the governing board(s) of such speci",l districts as have been created according to law and having condur.tod busineftft herein, met on this date at 7:00 P.M. in WORKSHOP SE~SION in th~ CO~Munity Center in Immokalee, Florida, with the followinc mcmbers prescnt: CHAI"!'II.N: .John 1\. Pistor VICE CP.AIP~~N: ~nne Goodnight pr'!derick J. Voss Max ^. Hasse C. C. "Red" Holland ALSO PP.ESEt~: ~aureen Kenyon, Deputy Clerk; ronald q. Lusk, County Manager: Neil nerrill, Assistant County ~anager: qurt $aunders, County Attorney; ~ave Weigel, II.ssistant County Attorney; Ton Kuck, Public Norks Administrator; Bob Fahey, Solid Waste Director; Tom Olliff, Fleet ManageMent Oirector; Dave <:riscom, Public '''orks ~dministrative Þssistant; and ~ancy :sraelson, AdMinistrative Assistant to the ~ard. AGENDA - r:i15cussion regardinq Mðndatory Solid Haste Collection Ordinance DISCUSSION RE MANDATORY SOLID WASTE COLLECTION ORDINANCE Assistant County Manager Oorrill stated this meeting is to explain the County's intentions regardin~ mandatory solid waste collection and why it is important and to answer any questions that the public may have. He stated that the County is consi,1erinq two ordini'lnces at the present time, one is a mandatory collecticn ordinance and the other is a waste haulers ordinðnce that would regulate the companies and private firms that wish to have permits or franchises to use solid waste facilities. He Atated that mandatory collection is important because of general health and safety of the pUblic to insure that solid waste is heing properly disposed of either in sanitary landfills or in the County's resource recovery plant that will be ready by 1989. He noted that another reason that mandatory collection is important is to be able to limit the extent of illegal dumping in the County and in this community. Public "'orks Administrative Assistant. Griscom referrer'! to a video tape indic~tinq areas 10, 11, and 12 whic~ were Buntley Street, 11th Street and the east end of r::'elùware Stre.~t, that shO\~er! various areas mK 092 PAG[ 512 Pa( e I ,. ; (' t;~ ;¡; f:;: f it t l' &OOC 092p~~aed r~arch 11, 19f'6 of four or five acres anñ containe~ several tons of trash. 1\!lsil'ltant County r~lOnl!ger nDrrill st<'JtP.:'! th"lt thp illeaal dUJ!'nin'] is not just in rm~ok&le~, but the entire County, <'Jñdir.a that the same situation is within i'I mile or two of the County Courthc.Jsr;o in "ast tlðples. He stated thet sever>.tl years a']o, the County (!nt"'re~ into an agree~ent with the ~priff's ~oartment to ~upport i'! ñeputy to patrol and enforce the County's illeqal dunpina or~inance and littcring law and while the program has been generally effective, it is a one man operation and the prosecution has been good. He stated that it has not solved the problem and he does not anticirll~e that it will solve the problem. He stated that if the Boar~ añopts this rrorosed ordinance they will havp to make three policy decisions; one being to designate the areas of municipal service benefit unit or district which will be done by geoqrllphic area to define the type of services that want to be regulated, i.e., residential home collection, comJ!'ercial collection, and industrial collection. He state~ that there are many fine points like mobile home parks that use dumpsters an~ this hi'l5 to be done carefully with regards to defining these ~ar~s as residential or commercial. He stated that the second thin~ that needs to be designaled within each òistrict is how many times per week the trash will be collected within that district? He ~tated that the third policy decision is how the County intends to finance, ~ay and bill for a"r.ïandatory collection ordin nce. He st/:lteð that it can be ~ut on the tax bill as an að valore~ tax or a special Ðssessment district could be created and it could he olaced on the tax roll or it could be hilled as a special IISSp.ßsment. ~e noted that another way of collecting is to get into a billing type process where the bills would b~ sent out from the County or from thr;o franchise hauler. ~~ stated that there woulð be lOO~ participation in the program. AssiGti'lnt County I\ttornev \';eiael Ati\te( that <'Treat care has been taKen to provide definitions within the orðin~nce so that evp.ryone will know how this program will be administered ~nd how it will affect each person individually, wh~ther it is a residential or commercial definition. He st~ted that the ordinance proviùes that there will be a billing or a special assessment that will anply in a uniform fashion to resiðential property within the unincorrorQted areas of the County, which are exactly parallel to the three franchise areas that exist for commercial service within the County at the present time. He stated Page 2 .. .. .. . , , . . , . " '. . Ii. . ' . . . "," I . ~ . I I .. .. .. / March 11, Inµ~ that it is in the ordin~nce provl~ing for ~arb~q~, solid w~8te collection and disposal an~ is ~~n~~tory in tn~t ~vcryone that is within the unit or ~istrlct shall 9ubscribe to tha service. I~ stated that the ordin~nce ~rovides for ~ speci~l assaS6~ent to be billed out through the Tax Collector or other ~oarñ desiGnee, ~è.dinq that the annual ~ssessment will he dater~ined by tna P.oard throu0n a process of pur lie hcarings on or before July of the year precedinG the fiscal service year. I~ statcd that the ~oard ~11l contact the Property ^ppraiser for all prorerties that are on the asseBs~ent roll ann for properties that have rec~ived their Ccrtlf:cate of Occupancy. He statcd that th~rc is a provision in the ordin~nce for an exemotion for commercial owners thi'lt qeneratcs their own waste for their own property, adding that they ~ust apply for a pcrmit and must have vehicles to tr~nsport the ~aterial that meets the reouirements of s~fety that is provided in the or~inðnce, as well as having a waste haulers pcr~it in order to haul their own and not subscribe to commercial service. ~e stated that the ordinance provi~es for a penalty and a person violatinq the ordinance would be subject to prosecution in the manner of a nisdemeanor with a fine of up to S500 per day of occurrence or ~n days of incarcc·ration or both and/or the County reserves any othar judicial needs for the enforcement of the ordinance. He stated that the ordinance in for the protection of the safety and welfare of the residents, which is why the ordinance is being proposed. County Attorney Saunders stated that if there is a farming operation and there is material left over from farming, it can be buried on site or burned on site if proper permits are obtained. P.e stated thut if neither of these things can be donc then the material has to be hauled to ~n approved County facility in an aporoved vehicle or the services of a franchised hauler has to be used to haul the material. He stated that in dealing with a single family resident, there is nothing i~ the ordinance that prohibits one from having a comooste but, \4ith reference to the solid waste, a franchised hauler will pick it up and take it to an approve1 facility and a uniform fee will be assessed for sinqle-family residences throu9hout the County. He stated that the third type of situation is if there is a commercial operation which would also be a construction operation. He stated that if there is clean inert type Material th~t today can legally be buried, then it can still b"! buried~ if it is the ty~e of material that can BOO( ()~~PAG[~jl~ Page ... 092 PAf,£ 515 M~rch 11, 1 'H16 legally be burneò under today's or~in~nce, th~n it c~n still be burned; and if it is mßtcri~1 th~t is discarde~ then it n~s tc be hauled to an approved type of facility eithcr by the pcrson aenerating the wa~te, by obtaining a permit ßn~ having an approved vehicle, or by a franchised hauler. He ~tated that the rates that will be set by ~he Board will be set at a public hearing and will fund the cperations of the County's Solid Waste nepartment which will include the landfill operations, the transfer station operations, the cost for hauling, the cost for capital improveMents, and all things associated with the landfill anð solid waste department. He stated that this prevents the County from charging more money for solid waste services to fund ot~er proqra~s that are not associated with solid waste. He reported that the Board will consider these two ordinances at a public hearing on March lA, 1986, at the County Courthouse. Mr. Jim raker of Im~okalee questioned if a nan owns a trailer park and has 100 trailers in it, ~oes the man that owns the trailer park pay for the pickup or docs each trailer owner pay? ^ssistant County Attorney Weigel state1 that ~obile home parks are addressed within the commercial definition, addinq that if there are individual trailers that are a rart of an inðividual parcel of land itself, they would qualify as residentinl customers an~ be subject to an,inðividual assessment, but if there are ðumpsters throuqhout the park, then the owner of the par~ woulð be c~nsidered a commercial cUstomer. County Þttorney Saunders stated that each unit will be assessed if it is a residential unit and if payment is not ma~e for the collection then there will be a lien placed against the property and ultimately the County will sell the property to clear the lien. Mrs. Denise Colenan of I~mokalee questioned why the three service areas, are the rates coina to be different in ~ifferent areas, how much is anticipated for an additional cost over ~hat is currently beinq paid, and what other serviccs does the Solij Waste Depnrtment provide? County I\ttorney ~aunder¡; statc~ that t'~(!re are three districts currently hecause there are three franchise~ areas in the County at this time. He stated that there is a potential and a high probability that rates fro~ different districts will be different because if the transportation cost is out into the fee structure, certain areas will charge ~ore becausp the h1'l1J1ing distance is further. He noted, with reqards to the charaes, they should be lower hecause nore people are "- Page 4 - - - " I - - .. . , March 11, lQ~" 8ubscribing to it and paying the tot~l cost of th"! operation. Assistant County 1ianaqer nDrrill IItllt~d that the County has a small administrative departnent that overs~es all the operations, adding that there are four oeople in that rl~ni'lrtment an~ part of the activities is the coordination of the enforcement throuoh the Sheriff's Oepl\rtment, trying to catc!'1 peol?le that art! illegally dumping. He stat<:?d that ther~ ,H~ two lanrlfills in the County, one of ',~hich iD in Immokalee. lie stat~d that they arc in the proce!19 of spf'!nding a considerable amount of ':Ioney to close the oVI land fi 11 site accord i ng to regulations. ~e sta~e~ that there are ~lso transfer stations in Naples, ~:arco Island and Carnes town, which is the priMary activity that is done fro~ ð solirl waste standpoint. He state~ that th~ depart~ent also monitors and regulates the franchise ~aulerA who are private businesses that pay the County a franchise fee. ~rs. Coleman questioned if this orðin~nce will addreøs the trash situations that were viewed on the vi~eo t~pe, to which ~ounty Attorney Saunders replied negatively, adding that if the problem is existing this ordinance will noc clean it up, but will hopefully prevent it from happening in the future. Solid ~7aste I'irector Fahey stated that the propertv owners are presently responsible for the present situation, adding that it is their obligation to maintain their property in II safe and healthy condition. He stated that the Health Department can pursue ~he matter and the litter may come under the Zoning repartment regulations. He stated for large areas, the PEP can be brought into the picture to assist the County and the property own~r could be faced with a $10,000 a day fine after notice if it is not cleaned up. Mr. Stephen Gillaspie of Immokalee questioned if the charges would be based on the number of lots or the number of homes on lots, to which Assistant County Manager Oorrill stated that the fees are customer oriented so it is per house or per business or per industry. County Attorney Saunders stated that the real key issue is the Certificate of Occupancy, adding that there will also be unlimited amounts of garbage pickup; there will not be restrictions as to the amount of bags of garbage that will be picked up. Mr. John Witchger of Immokalee Questioned the relationship between the mandatory garbage collection and the resource recovery plant, to which County Attorney ~aunòers stated that the mandatory collection ordin~nce is totally unrclated to resource recovery in the sense that aoo~ 092 PAc'[ 516 Paoe 5 - 092,~r,l517 ~arch 11, 1')86 IOOfhis is a program that the County had e~h;:¡rJo:ed upon with or without resource recovery, the ;-'1[oose bein':,' thAt there is a lot of solid waste being generated that is winding up in fi~lðø and this ordinance is desioneð to prevent that from happenino. He stated that the resource recovery plant iø another means for disposal of the solid waste. He noted that they are connected, but the ordinance is not being presentp.d because of resource recovery. P.e stated that the Wl\st~ that is being collected in Immokalee, under thp. contract for the resource recovery facility, is still çoinq to be disposed of in ImMokalee. ~e stated that it is hi. opinion that the rates for garbage collection in Immokalee will reflect the fact that the waste is going to be disposed of in Immokalee, which means that the rates should be lower than the rates for the same service in ~~lðen Gate where the material is going to be deposited at the resource recovery facility. He stated that the rates in Imnokalee will be lower because Immokalee will not be funding a resource recovery facility. Assistant County ~anaqer Dorrill stbted that in the future it may become economically feasible to haul that material to the resource recovery facility and when that hapDens, Immokalee will help to subsidize the resource recovery facility. In answer to Ms. Bantz of Immokalee, ~r. Dorrill explained the exemption procedure reçardinq the mandatory collection program. She ,questioned if the County has enou()h staff to handle a c;::ood monitoring program, to which ~r. Dorrill stated that the staff is very small at this time and it is something that will have to be determined in the future depending on how many commerci~l haulers ask for exemptions. Commissioner Pistor thanked everyone for their oarticipation and indicated if there are any questions, they can contact thp. Solid Waste Department or the County Attorney. .** There being no further business for the good of the çounty, the meeting was adjourned hy Order of the Chair - Time! n:05 P.M. Page 6 .. - .. I