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Agenda 09/25/2018 Item #5B09/25/2018 EXECUTIVE SUMMARY Presentation to provide an update on the countywide “BearWise” initiative to bring bear-resistant trash roll carts to Collier County residents as directed and provide an overview of a draft ordinance for the use of bear-resistant solid waste containers. OBJECTIVE: To provide an update on the “BearWise” Pilot Study initiatives and include a summary of a draft ordinance for the use of bear-resistant solid waste containers. CONSIDERATIONS: On June 12, 2018, Agenda Item 5B, the Board of County Commissioners (Board) heard a presentation from the Florida Fish and Wildlife Conservation Commission (FWC) about “BearWise” practices for mitigating human -bear conflicts. The FWC explained that the black bear population has been recovering from population declines, causing the number of human-bear interactions to increase in the area. While the FWC mentioned that there were several solutions aimed at mitigating the number of interactions, they demonstrated the use of bear-resistant solid waste containers as an effective tool, since the bears are attracted to unsecured garbage cans as an easy food source. So far there are four counties and one city in the State that have passed an ordinance requiring bear - resistant containers or securing garbage in some fashion. After the presentation on June 12th, the Board directed staff to prepare a draft ordinance for its review at the second meeting in September 2018, to be considered along with any financial alternatives, operational impacts and educational programs associated with adopting “BearWise” practices. The draft Ordinance provides for residential property owners to voluntarily purchase a bear-resistant container. Commercial customers and special outdoor events that produce food waste and ar e located in areas of the County that have reoccurring bear related conflicts will be required to obtain a commercial bear-resistant solid waste container. The determination of which areas are experiencing “bear related conflicts” will be determined on a complaint basis and in conjunction with FWC confirmation of bear activity. This will in turn prompt that area to be defined and require commercial and special events in that area to utilize the bear-resistant containers. The bear-resistant container requirement for special outdoor events would be required as a condition upon application for a temporary event permit. Residential and commercial customers would be responsible for all costs associated with the containers. The prerequisites prior to approval and implementation of the “BearWise” regulatory program are as follows: 1. Technology must be ready for automatic collection with no missed pickups; 2. Solid Waste collections contracts with two different vendors may need to be negotiated and amended, followed by revised Rate Resolution with advertisements including fee increases if needed, at the direction of the Board prior to implementation; 3. If directed by the Board, further assessments may need to be completed to determine if the program should be implemented countywide, which would include replacing over 127,000 residential carts (not including multi-family and commercial) at a cost to the customers, or just in targeted areas on a demand basis. The Ordinance, if approved as is or as revised, will need to be advertised and brought back at a future meeting for formal adoption. 5.B Packet Pg. 35 09/25/2018 FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: To review and provide guidance regarding the “BearWise” initiatives and the draft ordinance. Prepared by: Dilia Camacho, Interim Solid and Hazardous Waste Management Director, Public Utilities Department ATTACHMENT(S) 1. Neighboring County/City Ordinances (PDF) 2. Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation (PDF) 3. BearWise Draft Ordinance- Final (PDF) 5.B Packet Pg. 36 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 5.B Doc ID: 6705 Item Summary: Presentation to provide an update on the countywide “BearWise” initiative to bring bear-resistant trash roll carts to Collier County residents as directed and provide an overview of a draft ordinance for the use of bear-resistant solid waste containers. Meeting Date: 09/25/2018 Prepared by: Title: Manager - Waste Reduction & Recycling – Solid and Hazardous Waste Name: Dilia Camacho 09/13/2018 5:47 PM Submitted by: Title: Manager - Waste Reduction & Recycling – Solid and Hazardous Waste Name: Dilia Camacho 09/13/2018 5:47 PM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/14/2018 7:42 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/14/2018 7:50 AM Solid and Hazardous Waste Taylor Sawatzky Additional Reviewer Completed 09/14/2018 2:24 PM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 09/14/2018 2:25 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/14/2018 4:38 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2018 4:50 PM County Attorney's Office Emily Pepin CAO Preview Completed 09/17/2018 10:27 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2018 1:25 PM Budget and Management Office Ed Finn Additional Reviewer Completed 09/17/2018 2:31 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 3:05 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 5.B Packet Pg. 37 1 2 3 4 5 6 7 8 9 10 LT 12 13 74 15 16 L7 1_8 19 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41. 42 43 44 45 46 47 ORDINAI\ICE 2016 _25 AI\ ORDINANCE OT TIIE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMEIIDING SECTION 23-21, LAKE COUNTY CODE, ENTITLED ADDITIONAL GARBAGE CART RULES; REQUIRING THAT GARBAGE CARTS BE SECTIRED FROM BEAR INTRUSION; ALLOWING FoR USE OF COUNTY-APPROVED, BEAR-RESISTAI\T CARTS; REQIIIRING NON.BEAR RESISTANT CARTS TO BE PROPERLY SECT]RED TO PREYENT BEAR INTRUSION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTTVf, DATE. WHEREAS, pursuant to Article VIII, Section I of the Florida Constitution and Chapter 125, Florida Statutes, the County is authorized to protect the public health, safety, and welfare of its residents; and WIIEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC), black bears have recovered from population declines; and WHEREAS, as a consequence of this recovery, there has been an increase in human-bear interactions within urban and rural areas; and WIIEREAS, black bears are athacted to unsecured garbage containers, and the majority of interactions are associated with unsecured garbage containers; WHEREAS, FWC lists Lake County as having the second highest reports of bear complaints in the State of Florida; and WHEREAS, the Board of County Commissioners finds that it is in the best interests of the citizens of Lake County to enact these provisions. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Lake County, Florida, as follows: 5.B.1 Packet Pg. 38 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) L 2 3 4 5 Section 1. reference. Recitals. The foregoing recitals are true and correct and incorporated herein by 8 9 10 L7 12 L3 74 15 Section 2. Amendment. Section 23-21, Lake County Code, entitled Additional Garbage Cart Rules, shall be amended to read as follows: 6 Sec.23-21. Additional garbage cart rules. 7 Use of Garbage Carts and Set-Out Procedures are as follows: (a) All Customers in Lake County shall place all of their Garbage and Rubbish in their Garbage Cart in order to receive Residential Collection Service. Customers shall not put Yard Trash in their Garbage Cart and are strongly encouraged to refrain from putting Recycling in their Garbage Cart. (b) Customers shall place their Garbage Cart at the Curbside, unless an alternative location is agreed upon by the Customer and the Director, on the Scheduled Collection Day prior to six o.clock(6:00)a.m.'TheCustomershallpIacetheGarbage Cart such that the handles and the wheels face away from the road. (c) All Garbage must be placed inside the Garbage Cart, and no Garbage placed outside the Garbage Cart will be picked up, except upon approval of the Director. At the Collection immediately following a Holiday, Customers may place unlimited amounts of Garbage and Rubbish at the curb, and the Garbage and Rubbish may be placed inside the Garbage Cart or in any other container or Plastic Bag, as long as the Customer adheres to weight and capacity limitations stated herein for Garbage Carts and other disposal containers. (d) A Customer may purchase a second Garbage Cart so long as the Customer pays the accompanying fee and delivery fee for the second cart, and an annual fee for additional disposal. If a Customer's home is located a significant distance from the Curbside, the Director may authorize two (2) thify five (35)-gallon Garbage Carts instead of one (i) sixty four (64) or ninety six (96)-gallon Garbage Cart, at no additional cost to the Customer. (e) A Customer shall not place their Garbage and Rubbish in another Person's Garbage Cart or disposal container, or Set Out Garbage and Rubbish for Collection on property not owned or occupied by the Customer. (D A Customer shall only Set Out for Collection the Garbage and Rubbish that is generated at the Customer's dwelling. (g) Garbage Carts shall not be loaded with more than one hundred fifty (i50) pounds or the cart's rated capacity, as shown on the lid of the cart, whichever is less. Other disposal containers shall not be loaded with more than fifly (50) pounds of material. (h) Customers are responsible for removing their Garbage Carts from the right-of-way, replacing them on their property and properly securing them by ten o'clock (10:00) p.m. on the day of Collection Service. (i) Customers shall have the option of using a County-approved, bear-resistant Garbage CarL if available. Non bear-resistant Garbage Carts containing household garbage shall b.e secured from bear intrusion until the Cart is permitted to be placed Curbside for Collectign. Section 3, Severability. Ifany section, sentence, clause or phrase ofthe Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. t6 77 18 19 20 21 27 28 29 22 23 24 25 26 30 31 32 33 34 35 36 37 38 39 40 4L 42 43 M 2 S:tDOCtlMENTtCOl6\ORDINAI.ICES\201G25_Scc 23-21 Amendmea (BearPmf Cus)Uo16-25_Od. Amend. Scc 23-21- Bw R6islant CErt-fiml-6.2l.l6.doq 5.B.1 Packet Pg. 39 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) L 2 3 4 5 6 7 8 9 10 7L 12 13 t4 15 L6 L7 1B 19 20 21 22 23 Section 4. Inclusion in the Code. It is the intent of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Lake County Code and that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section", "artiole" or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Filing with the Department of State. The clerk shall be and is hereby directed forthwith to send a copy of this Ordinance to the Secretary of State for the State of Florida in accordance with Section 125.66, Florida Statutes. Section 6. Effective Date. This Ordinance shall not become effective unless the Board of County Commissioners is awarded a grant fiom flre Florida Fish and Wildlife Conservation Commission supporting the purchase of bear-resistant garbage containers. The effective date of this ordinance shall be the date the grant is awarded. Proof of award shall be filed with the Clerk's office. Enacted 111i3 2-lfrday of n 12-2016 Filed with the Secretary '---.i- of State '*.) uqo.- J&,2016. BOARD OF COIINTY COMMISSTONERS OF LAIG , FLORIDA Sean M.Chairman t rhis J/&aay or, Florida 2016. 35 36 37 38 39 40 4t 42 \,rr\.lY\o^-,AA Melanie Marsh Counfy Attorney 3 S:IDOCUMENTU0I6\ORDINANCESUoI6-25_Sec23-2lAfttrdment(BarProofcrtrs)U016-25_Ord.Amend.Sec23-21 BsrR6istantCart{inrl6.2l.l6.docx I Approved as to form and legality: 5.B.1 Packet Pg. 40 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) ORDINANCE 1947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMBNDING CHAPTER 10, PUBLIC WORKS AND UTILITIES, OF THE CODE OF ORDINANCES TO INCLUDE NEW REGULATIONS ADDRESSING SOLID WASTE COLLECTION AND OTHER WILDLIFE MANAGEMENT TECHNIQUES INTENDED TO REDUCE HUMAN-BEAR CONFLICTS; PROVIDING DEFINITIONS; CREATING STANDARDS FOR BEAR RESISTANT SOLID WASTE CONTAINERS; CREATING OTHER MISCELLANEOUS PROVISIONS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, City Council finds that Article IV, Section 9, of the Florida Constitution allows the Florida Fish and Wildlife Conservation Commission (FWC) to regulate the management, protection, and conservation of wild animals and freshwater and marine aquatic life in the State of Florida; and WHEREAS, black bears have recovered from population declines and are a conservation success story for Florida and FWC; and WHEREAS, black bears are attracted to unsecured refuse at residences and businesses found in bear range areas; and WHEREAS, the majority of human-bear conflicts within urban areas are associated with unsecured refuse, and some of those conflicts have resulted in injury to humans; and WHEREAS, there are 71,704 households in Okaloosa County within Bear Call Density according to population and household data estimated from 2010 census block groups; and WHEREAS, data shows that between 2010 and 2014, there were 1,458 bear-related calls, including 30 bear-related calls inside the City limits; and WHEREAS, Florida Administrative Code 68A-4.001(3) prohibits people from feeding bears or allowing bears to access human-provided foods when those actions are likely to result in a public nuisance; and WHEREAS, the City of Fort Walton Beach finds that the incidents of bears entering populated areas of the City of Fort Walton Beach to forage for food in refuse containers, and from other sources, is increasing and has reached a level that poses a threat to the health, safety, and welfare of the citizens and visitors to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. RECITALS The Recitals set forth above are incorporated as part of this Ordinance. Section 2. ENACTMENT AUTHORITY 5.B.1 Packet Pg. 41 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) The authority for enactment of this ordinance is contained in Chapter 166.021,163.3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 3. AMENDMENT OF CHAPTER 10, PUBLIC WORKS AND UTILITIES Section 10.80.01, Definitions, is hereby amended as follows: Bear-resistant solid waste container:A solid waste container with a reinforced lid and a lalsbuc or other City-approved method, that orevents access to the contents by bears. Bear-resistant retrofit kit: A Ci latchine mechanism that can be incorporated onto existinq solid waste containers. Section 10.80.03, Solid Waste Container Services, is hereby amended as follows I 0.80.037 Bear-Resistant Containers : (l) Users shall have the option of using a City-approved,bear-resistant solid waste container. if available. Users shall also have the option of usins a City-approved bear-resistant retrofit kit to upgrade existing non bear-resistant containers. Bear-resistant containers shall be secured until the container is permitted to olaced curbside for collection. Once the container is emptied, users shall secure bear-resistant container until the next scheduled collection day (2) Non bear-resistant containers containins household earbaee shall be secured until the container is (3) For areas of the City that have bear related conflicts. users may be required to obtain bear-resistant containers and ensure that they are properly secured at all times until the container is permitted to be olaced curbside for collection. Properties with reoccurrine bear related conflicts may be subject to Code Enforcement action. Section 4. SEVERABILITY In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon approval upon second reading by City Council and the signature of the Mayor, and shall be filed with the Okaloosa County Clerk of Court. Adopted: Attest: Kim M. Barnes, City Clerk Additions are underlined; M. Mike Anderson, Mayor Approved for form, legal sufficiency Hayward Dykes, Jr., City Attorney 5.B.1 Packet Pg. 42 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) To: From: Date: Subject: City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM Michael D. Beedie, City Manager Tim Bolduc, Engineering and Utilities Services Director June 28, 2016 1947 Ordinance for Bear Management 1. BACKGROUND: 1.1. According to the Florida Fish and Wildlife Conservation Commission (FWC), "urban bears" are becoming more prevalent in many areas of Florida as the edge of occupied bear ranges moves from rural areas into suburban or even urban locations. 1.2. According to the FWC, eliminating food sources that attract bears is the most important action that can be taken to resolve and prevent conflicts with bears in Florida. 1.3. According to population and household data estimated from 2010 census block groups; there are 71,704 households in Okaloosa County within bear nuisance call density areas. 1.4. Bear-related calls received by the FWC have increased 400% over the last decade. Further, the majority of statewide calls are related to bears entering neighborhoods to access garbage and other human-provided foods. 2. DISCUSSION: 2.1. In2014, Okaloosa County attributed for 5o/o of all bear-related calls received by the FWC. 2.2. Between the years of 2010 and2014, there were 1,458 bear-related calls in and around the City limits of Fort Walton Beach, 30 of the bear-related calls occurred within the City limits. 2-3. The City has been proactive in addressing this issue. To date, approximately one dozen commercial solid waste containers have been retrofitted with a bear-resistant retrofit kit. Additionally, the FWC has retrofitted a limited number of residential solid waste containers in the City. 2.4. Bear-resistant containers or retrofit kits will be provided by the City to existing solid waste customers. Customers shall ensure that solid waste containers are secured until the designated time that they are placed at curbside for pickup. Customers shall secure their container after the container has been emptied on designated collection days. 2.5. If areas of the City continue to face reoccurring bear conflicts and customers are not securing their containers, the properties may be subject to Code Enforcement action. 3. FINANCIAL INFORMATION: 5.B.1 Packet Pg. 43 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 3.1. Staff recommends supplying bear-resistant retrofit kits to existing customers in areas known for bear activity. Currently, the FWC has money allocated to assist communities with bear conflicts, and the adoption of an ordinance would qualify the City for grant funding. 3.1.1. Staff will work with FWC to offset the costs of the bear-resistant retrofit kits. 4. RECOMMENDATION: 4.1. Staff respectfully recommends City Council adoption of Ordinance 1947 to adopt new regulations addressing solid waste collection and other wildlife management techniques intended to reduce human-bear conflicts. ATTACHMENTS: o 16.05.25 Okaloosa County Coast Human-Bear Interactions (PDF) o 16.05.25 Project Ideas to Reduce Bear Conflicts (PDF) o 16.05.25 FWC Bear Conflict Reduction through Waste Management Initiatives (PDF) o 15.06.24 FWC Resolution (PDF) SIGNATURE BLOCK: Tim Bolduc Finance City Attorney City Clerk City Manager City Council Completed Completed Completed Completed Completed Completed 0612012016 8:02 PM 0612112016 4:57 AM 0612212016 1:41 PM 06122120161:52 PM 0612312016 2:l4PM 0612812016 6:00 PM 5.B.1 Packet Pg. 44 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) ORDINANCE NO.20I5 SEMINOLE COUNTY, FLORIDA AN ORDINANCE OF SEMINOLE COUNTY RELATING TO URBAN BEAR MANAGEMENT; AMENDING THE SEMINOLE COUNTY CODE TO INCLUDE A NEW CHAPTER 258 ADDRESSING REFUSE COLLECTION AND OTHER WILDLIFE MANAGEMENT TECHNIQUES INTENDED TO REDUCE HUMAN-BEAR CONFLICTS; PROVIDING DEFINITIONS; CREATING STANDARDS FOR REFUSE MANAGEMENT WITHIN IDENTIFIED URBAN BEAR MANAGEMENT AREAS; CREATING OTHER MISCELLANEOUS PROVISIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR APPLICATION IN UNINCORPORATED AND INCORPORATED AREAS OF THE COUNTY UNLESS THERE IS A CONFLICT; ESTABLISHING THE WEST SEMINOLE COUNTY URBAN BEAR MANAGEMENT AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section I of the Florida Constitution and Chapter 125, Florida Statutes, Seminole County is authorized to protect the public health, safety, and welfare of its residents, and has the power and authority to enact regulations for valid govemment purposes that are not inconsistent with general or special law; and WHEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC), black bears have recovered from population declines and are a conservation success story for Florida and the FWC; and WHEREAS, a consequence of this conservation success is an increase in human-bear conflicts within urban areas; and WHEREAS, black bears are attracted to unsecured Refuse at residences and businesses found in bear range areas; and WHEREAS, the majority of human-bear conflicts within urban areas are associated with unsecured Refuse, and some of those conflicts have resulted in injury to humans; and WHEREAS,in2013 and2014 there were three human-bear conflicts that resulted in serious injuries to people in the area of Seminole County located west of Interstate 4; and WHEREAS, the FWC reports that since 2008, it has received reports of over 6,600 human-bear "conflicts" in the area of Seminole County located west of Interstate 4; and WHEREAS, FWC officials have described the portion of Seminole County located west of Interstate 4 as the "epicenter of human-bear conflict"; and WHEREAS, the Seminole County Board of County Commissioners finds that the incidence of bears entering populated areas of Seminole County to forage for food in Refuse containers, and from other Seminole County Urban Bear Management Ordinance (2015) Page I of7 5.B.1 Packet Pg. 45 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) sources, is increasing and has reached a level that poses a threat to the health, safety, and welfare ofthe citizens and visitors to the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. Incorporation ofRecitals. The above recitals are incorporated herein by reference and form an integral part ofthe Ordinance. Section 2. Short Title. This Ordinance shall be known and referred to as the "Seminole County Urban Bear Management Ordinance." Section 3. Intent and Purpose. The intent and purpose of this Ordinance is to minimize the risk of dangerous interactions between humans and bears in Seminole County by establishing standards for the storage of materials that attract bears within Urban Bear Management Areas. Section 4. Creation of Chapter 258, Seminole County Code. Chapter 258, "Urban Bear Management," is hereby created to read as follows: PART I. URBAN BEARMANAGEMENT. Sec. 258.1. Definitions. As used in this Chapter, the following terms shall mean as indicated below. Attractant: Any substance that attracts bears or could reasonably be expected to attract bears including, but not limited to: food products, pet food, feed, compost, grain, or Refuse. Growing plants such as palmetto berries, oak trees with acoms, or berry bushes are excluded from this definition. Bear Resistant Commercial Refuse Container: A Commercial Refuse Container with a reinforced lid and a latching mechanism, or other County-approved method, that prevents access to the contents by bears. Bear Resistant Refuse Container: A Bear Resistant Commercial Refuse Container or Bear Resistant Residential Refuse Container. Bear Resistant Residentiol Refuse Container; A fully enclosed Residential Refuse Container, of sturdy construction, with a reinforced lid. The lid must have a latching mechanism that prevents access to the contents by bears. Code Enforcement Officer; Board designated employees or agents of Seminole County whose duty it is to enforce codes and ordinances in the County or any law enforcement officer as defined in Section 943.10(l), Florida Statutes, or its successor provision. Commercial Property: All improved property that is used for residential or nonresidential purposes and that utilize a Commercial Refuse Container for the collection of Refuse, including, but not limited to commercial, industrial and multi-family developments. Commercial Refuse Container: Any detachable Refuse Container that is designed or intended for mechanical pickup, generally referred to as a "dumpster." Development Approval: Approval of Planned Development (PD) zoning, Planned Development (PD) Development Order amendments, Planned Development Final Development Plan, Subdivision Plan, Final Engineering Plan or Plat. Seminole County Urban Bear Management Ordinance (2015) Page 2 of 7 5.B.1 Packet Pg. 46 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) Person: Any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. Refuse: Any waste that could reasonably affract bears including, but not be limited to: kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease. Residential Property: All improved property that is used for residential purposes and that utilizes Residential Refuse Containers for the collection of Refuse. Residential Refuse Container: Any commonly available light gauge steel, plastic or galvanized receptacle of a nonabsorbent material, closed at one end and open at the other, fumished with closely fitted top or lid and handle(s) including waterproof plastic bags of heavy mill construction that can be safely and securely closed. Responsible Party: The record owner of any property subject to this Part, a tenant or occupant of any properly subject to this Part, a hauler providing Refuse collection service to Commercial Properties, or the operator ofa business located on any property subject to this Part. Secured Structure: Designated structure in which Refuse is stored in such a manner as to minimize the attraction ofbears and to serve as a bear resistant barrier during the interim between Refuse discard, collection and disposal. Special Event: A use or activity offered to the general public that is not contemplated in the approved site plan or other development approval, and which is generally consistent with the applicable zoning district. Special events shall include gatherings or events, or series ofrelated consecutive daily gatherings or events, including but not limited to: those of an entertainment, cultural, recreational, educational, commercial, social or sporting in nature, which occur outdoors on a site. Urban Bear Management Area: An area within Seminole County in which there is a high incidence of bears foraging for food in Refuse containers and other sources, occurring at a level that poses a threat to the health, safety, and welfare of the citizens and visitors to Seminole County. Urban Bear Management Areas will be established by Ordinance upon determination by the Board of County Commissioners that the aforementioned conditions exist. For the purposes of this Part, the term "Urban" is intended to distinguish areas ofthe County where development has occurred as opposed to undeveloped natural lands; as such, "Urban Bear Management Areas" may be established in any area within Seminole County where human-bear conflicts may occur, including the "Rural Area" as established within the Seminole County Home Rule Charter. Sec.258.2. Residential Refuse Disposal within Urban Bear Management Areas. l. Within Urban Bear Management Areas, all Refuse from Residential Properties must be secured within a functioning Bear Resistant Residential Refuse Container or secured within a house, garage, shed, or other Secured Structure at all times, with the exception of the placement of Residential Refuse Containers at the designated collection location as permitted by this Part. 2. Residential Refuse Containers associated with Residential Property curbside collection services may be placed at the designated collection location on the scheduled collection day no earlier than 5:00 A.M. Residential Refuse Containers must be removed from the collection location and secured as soon as practicable after collection service have been provided on the same scheduled collection day. The aforementioned time restrictions do not apply to Bear Resistant Residential Refuse Containers. Seminole County Urban Bear Management Ordinance (2015) Page 3 of7 5.B.1 Packet Pg. 47 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 3. Recyclable materials stored outside until scheduled collection day, and/or placed at a designated collection location on scheduled collection day must be sufficiently free from residue of food and other materials so that they are not an Attractant to bears. 4. Other household items that cannot reasonably be considered Refuse or an Attractant, including but not limited to, nonedible yard maintenance waste, household items, and recyclable materials are not required to be secured within a Bear Resistant Residential Refuse Container or within a house, garage, shed, or other Secured Structure. If such waste is comingled with Refuse or an Attractant, it must be secured within a Bear Resistant Residential Refuse Container or within a house, garage, shed or other Secured Structure. 5. Development Approvals for residential subdivisions within any Urban Bear Management Area will include the requirement that Bear Resistant Residential Refuse Containers be used for all Residential Properties and common areas within the subdivision. 6. Only Bear Resistant Residential Refuse Containers chosen from a County-approved list will be considered compliant with this Ordinance. 7. Responsible Parties that choose to utilize Bear Resistant Residential Refuse Containers as a means to comply with this Part shall be responsible for all costs associated there with, including the cost to purchase the Bear Resistant Residential Refuse Containers and any additional service fee imposed by the Refuse hauler. Sec.258.3. Commercial Refuse Disposal within Urban Bear Management Areas. Within Urban Bear Management Areas, all Commercial Properties are required to place Refuse within a Bear Resistant Commercial Refuse Container. Bear Resistant Commercial Refuse Containers must remain secured at all times except when loading or unloading the Refuse, and the area around the Container must be kept clean of Refuse and debris. If damaged in a manner that would permit bear access, the damage must be reported to the company responsible for the maintenance of the Container and repaired within 48 hours after the damage is discovered. Commercial Property collection service customers will be responsible for any cost associated with compliance with this requirement. Sec.258.4. Special Event Refuse Disposal within Urban Bear Management Areas. Within Urban Bear Management Areas, Special Events that occur outside must be kept free from the accumulation of Refuse. Refuse must be collected from the grounds and must be secured within the appropriate Bear Resistant Refuse Container, secured within a Secured Structure, or removed from the Urban Bear Management Area to an appropriate disposal site at the close of each day's activities. Sec. 258.5. Construction Site Refuse Disposal within Urban Bear Management Areas. Within Urban Bear Management Areas, all construction sites must have a designated secure container to receive Refuse. The designated container must be an appropriate Bear Resistant Refuse Container or a Secured Structure. The designated containers are to remain secured at all times except when loading or unloading Refuse. If damaged in a manner that would permit bear access, the damage must be reported to the company responsible for the maintenance of the Container and repaired within 48 hours after the damage is discovered. Construction site collection service customers will be responsible for any cost associated with compliance with this requirement. Sec.258.6. Compactors within Urban Bear Management Areas. Seminole County Urban Bear Management Ordinance (2015) Page 4 of7 5.B.1 Packet Pg. 48 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) Any outdoor trash compactor receiving Refuse must be kept inaccessible to bears. Compactor doors must be kept closed and latched with a bear resistant mechanism at all times, except when loading or unloading Refuse, and the area around the compactor must be kept clean of Refuse and debris. If damaged in a manner that would permit bear access, the damage must be reported to the company responsible for the maintenance of the compactor and repaired within 48 hours after the damage is discovered. Commercial Property collection service customers will be responsible for any cost associated with compliance with this requirement. Sec. 258.7. Feeding Bears Prohibited. l. No Person shall intentionally or unintentionally feed or provide food to bears in any manner on any public or private property within Seminole County. A Person will be considered in violation of this Ordinance if the Person leaves or stores any Attractant in a manner that creates, or would reasonably be expected to create, a lure or enticement for bears. 2. Within Urban Bear Management Areas Responsible Parties are required to comply with the following best management practices when the failure to do so creates, or would reasonably be expected to create, a lure or enticement for bears: a. Bird Feeders: Bird and hummingbird feeders are allowed; however, feeders must be suspended on a cable or other device so that they are inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. b. Fruit Trees: Fruit, with the exception of citrus fruits, must be picked when it becomes ripe, and all fallen fruit must be promptly removed from the ground. c. Compost: Compost with only grass and leaves. Meat, fish, oil, dairy, kitchen waste, or other particularly odorous Affractants are not permitted to be used for composting. Compost must be aerated and tumed regularly and occasionally sprinkled with lime to reduce odor and hasten the composting process. d. Barbecue Grills: Grease traps must be emptied, excess food must be burned offl and grills must be cleaned after each use. e. Pet Food: Pet food or food bowls may not be left out overnight or unattended, unless kept in a secured enclosed kennel with a roof. Ifpossible, pets are to be fed indoors. Pet food must be stored in Secured Structure or in a Bear Resistant Refuse Container. f. Vehicles: Odorous items such as trash, groceries, pet food, soda cans, livestock grain, or coolers may not be stored in vehicles overnight. Sec. 258.8. Enforcement and Penalties. l. Any Responsible Party found to be in violation of the provisions of this part may be subject to any applicable enforcement mechanisms available to the County including, but not limited to: prosecution in the same manner as a misdemeanor, as provided in Section l2S.69, Florida Statutes and Section 1.8 Seminole County Code; referral to the Seminole County Code Enforcement Board or Code Enforcement Magistrate; or the issuance of a citation pursuant to Section 53, Part 2, of the Seminole County Code.2. Each violation hereunder will be deemed a separate offence and a separate offence will be deemed committed on each day during or on which a violation occurs or continues.3' Violations of this Ordinance are classified as a Class II violation with a civil penalty of $100.00 per violation per day for the first five (5) offences, and a Class III violation with acivil penalty of $200.00 per offence thereafter, pursuant to Section 53.3 l, Seminole County Code, or as amended. Seminole county Urban Bear Management ordinance (2015) Page 5 of7 5.B.1 Packet Pg. 49 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) The imposition of a penalty for a violation does not excuse the violation nor does it imply permission for the violation to continue. All Persons found to be in violation will be required to correct or remedy such violations or defects within a reasonable time. Citation Issuance. a. The Board of County Commissioners is authorized to designate certain employees as Code Enforcement Offi cers. b. It shall be the duty of any person designated as a Code Enforcement Officer to enforce the Seminole County Urban Bear Management Ordinance (Chapter 258, Seminole County Code, or its successor). c. A Code Enforcement Officer hereunder or any law enforcement officer as defined in Section 943.10(l), Florida Statutes, or its successor, is hereby authorized to issue citations for the violation of the Urban Bear Management Ordinance, when, based upon personal investigation, the Officer has reasonable and probable grounds to believe that a violation ofthe Ordinance exists, subject to the established operating procedures for enforcement activities. Code Enforcement Officers must consult with the Florida Fish and Wildlife Conservation Commission, or its successor agency, prior to engaging in enforcement activities relative to Section 258.7 of this Part to determine if the activity in question creates, or would reasonably be expected to create, a lure or enticement for bears. The County Manager is hereby authorized to establish operating procedures and guidelines for the implementation of enforcement activities relative to this Part. Sec. 258.9. Applicability. This Ordinance will apply in both the unincorporated and incorporated areas of the County; provided that any provision of this Code in conflict with a municipal ordinance will not be effective within such municipality to the extent of such conflict. Sec.258.10. Time Period for Compliance. L Residential Properties must comply with the Refuse disposal requirements contained within this Part within 30 days of the date of adoption of an Ordinance by the Board of County Commissioners establishing an identified Urban Bear Management Area. 2. Commercial Properties must comply with the Refuse disposal requirements contained within this Part within 60 days of the date of adoption of an Ordinance by the Board of County Commissioners establishing an identified Urban Bear Management Area. 3. All construction sites must comply with the Refuse disposal requirements contained within this Part within 30 days of the date of adoption of an Ordinance by the Board of County Commissioners establishing an identified Urban Bear Management Area. 4. Haulers providing Refuse collection service to Commercial Properties shall make Bear Resistant Commercial Refuse Containers available within 60 days of the adoption of an Ordinance by the Board of County Commissioners establishing an identified Urban Bear Management Area. 5. All other provisions of this Part shall become operative upon the effective date of the Ordinance enacting this Part or establishing an identified Urban Bear Management Area. Section 5. Establishment of the West Seminole County Urban Bear Management Area. The Board of County Commissioners of Seminole County hereby finds that the area within Seminole County located west of Interstate 4, and the area immediately to the east of Interstate 4, have experienced an incidence of bears foraging for food in Refuse containers, and other sources, occurring at a level that poses a threat to the health, safety, and welfare of the citizens and visitors to Seminole County. In light of such finding, Seminole County Urban Bear Management Ordinance (2015) Page 6 of7 4. 5 2 6.o 7 5.B.1 Packet Pg. 50 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) the "West Seminole County Urban Bear Management Area" is hereby established as depicted in the attached Exhibit A. Section 6. Severability. If any provision of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding will not affect the remaining portions of this Ordinance. If this Ordinance, or any provision thereof, is held to be inapplicable to any person, property, or circumstance, such holding will not affect its applicability to any other person, property, or circumstance. Section 7. Conflicts. The provision of this Ordinance will prevail in the event of conflict with the provision of any existing ordinance. Section 8. Codification. It is the intent of the Board of County Commissioners that the substantive provision of this Ordinance will become and be made part of the Seminole County Code and that the word "ordinance" may be changed to "section," "part," or other appropriate word or phrase, and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; providing, however, that Sections 6,7,8, and 9 of this Ordinance willnot be codified. Section 9. Effective Date. This Ordinance will take effect upon filing a copy of this Ordinance with the office of the Florida Secretary of State by the Clerk to the Board of County Commissioners. BE IT ORDAINED by the Board of County Commissioners of Seminole County, this _ day of 2015 ATTEST:BOARD OF COLTNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By MARYANNE MORSE, CLERK TO THE BOARD OF COLTNTY COMMISSIONERS JOHN HORAN, CHAIRMAN Date: FOR THE USE AND RELIANCE OF SEMINOLE COUNTY ONLY. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. COLJNTY ATTORNEY AS AUTHORIZED FOR EXECUTION BY THE BOARD OF COLINTY COMMISSIONERS AT ITS DECEMBER 8, 2015, REGULAR MEETING Seminole County Urban Bear Management Ordinance (2015) PageT of7 5.B.1 Packet Pg. 51 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) AN ORDINANCE RELATING TO SANTA ROSA COUNTY; ESTABLISHING TIIE BEAR WISE SAFETY ORDINANCE; CREATING SECTION 18-68 SANTA ROSA COI]NTY FLORTDA CODE; REQUIRING THAT GARBAGE CARTS BE SECIIRED FROM BEAR INTRUSION; ALLOWING FOR USE OF COI.INTY APPROVED, BEAR RTSISTANT CARTS; REQT]IRING NON-BEAR RESISTANT CARTS TO BE PROPERLY SECURED TO PREYENT BEAR INTRUSION; PROYIDING FOR CODIFICATION; PROYIDING FOR SEYERASILITY; AND PROVIDING FOR AN EFF.ECTTVE DATE. WHEREAS, pursuant to A:ticle VIII, Section 1 ofthe Florida Constitution and Chapter 125, FloridaStatutes,the Countyisauthorizedtoprotectthe publichealth, safety, andwelfare ofits residents; WHEREAS, according to the Florida Fish and Wildlife Conservation Commission (FWC), black bears have recovered ftompopulation declines; WIIEREAS, as a consequence of this rocovery, there has been an increase in hurnan- bear interactions within urban and rural areas; WHIREAS, black bears are attracted to unsecured garbage containers, and the majority of interactions are associated with unsecured garbage containers; and WIIEREAS, the Board of County Commissioners finds that it is in the best interests of the citizens of Santa Rosa County to enactthese provisions. BE IT ORDAINED BY THE, BOARD OF COUNTY COMMISSIONERS OF SANTA ROSA COIINTY, FLORTDA, THAT: SECTION 1. This Ordinance shall be known and may be cited as "Bear Wise Safety Ordinance". The Board does hereby establish a Bear Wise area for the enforcement of this Ordinance. The area shall be all of that portion of South Santa Rosa County described as follows and depicted on the attached map: That portion of the unincorporated area of Santa Rosa County lying south and west of Eglin Air Base. SECTION 2. Section 18-68 of the Santa Rosa County Florida Code is created as follows: Garbage cart rules, use of Garbage Carts, and st-outProcedures are asfollows: 5.B.1 Packet Pg. 52 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (b) Customers sha1l place their Garbage Cart at the curbside, u::less an altemative location is agreed upon by the Customer and tle Franchisee, on the Scheduled Collection Day prior to six o'clock (6:00) a.m. (c) All Gmbage must be placed inside the Garbage Cart, and no Garbage placed outside the Garbage Cart will be picked up. (d) A Customer shall not place their Garbage and Rubbish in another person's Garbage Cart or disposal container, or set out Garbage and Rubbish for ollection on property not owned or occupied by the Customer. (e) A Customer shal1 only set cut for collection the Garbage and Rubbish that is generated at the Customer's dwelling. (f) Customers are responsible for removing their Garbage Carts from the right-of-way, replaci::g them on ttreir property and properly secwing them by ten o'clock ( 1 0:00) p.m. on the day of Collection Service. (g) Customers shall have the option ofusing a County approved, bear resistant Garbage Cart, if available. Non bear resistant Garbage Carts containing household garbage shali be secured frombear intrusion until the Cart ispermitted to be placed Curbside for Co llection. SECfiON 2. CODII'ICATION. Theprovisions of this ordinance shall become and be rirade a part of the code of laws and ordinances ofthe Cormty ofSanta Rosa. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", *artic1e", or any other appropriate word. SECTION 3.. If any sectiorq subsecfion, sentence, clause, or provision of this Ordinance is held invalid the remainder ofthis Ordinance shall not be affected by such invalidity. SECTION 4. EFf,'ECTM DATE. A copy ofthis Ordinance shal1 be filed in the of8ce of the Se*etary of State within ten (10) days of enactnxent and shall take effect upon said filing. PASSED AND ADOPTED by a vote ot by"*-d 0 *y, *d / absent of the 5.B.1 Packet Pg. 53 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) By: ATTEST: Clerk of Court c_- that the sa*e wds adopted and of Florida, on this .|?*hauv I, Donzild C. Spencer, CIeril of Court of Santa Rosa County, Florid4 do hereby certify of and sent of Donald C. Spencer,of Court eldctronically to the Secretary of the State 2016. ?.i(r fr { i i 5.B.1 Packet Pg. 54 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) AN ORDINANCE AFFECTING SOLID WASTE IN ORANGE COUNTY, FLORIDA RELATING TO BEAR MANAGEMENT; AMENDING THE ORANGE COUNTY ORDINANCE CODIFIED AT ARTICLE IV, CHAPTER 32, OF THE ORANGE COUNTY CODE; AMENDING SECTIoN 32-153, OEFINITIONS; AMENDING SECTION 32.{55,RULES, REGUI.ATIONS, ANO PROGRAM REQUIREMENTS; AMENDING SECTION 32-160, FULL SOLID WASTE AND RECYCLING COLLECTION SERVICE; AMENDING SECTION 32-17A, RESIDENTIAL FRANCHISE, COMMERCIAL LICENSE AND REGISTRATIoN REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY: Secfion 1. Amendments to Secfion 32-153 ("Definitions"). Section 32-153 ("Definitions") is amended to read as follows, with any new wording being indicated by underlines and any deleted wording being shown by strikethroughs: Sec. 32-153. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning: Annual rate of compensation shall mean the amount of money per residential premises, within each franchise area, to be fixed and paid by the county to the individual franchisees for full solid waste and recycling collection services rendered by the franchisees for residential premises within the sanitation district. Appllcanl shall mean: (1) A person applying to the cou nty for the commercial license required to collect or transport solid waste for hire or remuneration or other consideration within the unincorporated county or county-wide as specified herein; or oRD|NANCE NO. 2016-24 I 5.B.1 Packet Pg. 55 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) APPROVED BY ORANGE COUN]Y AOARD OF COUNTY COiTIMISSIONERS BCC Mtg Date: November 1,2016 EFFECTIVE DATE Novemb€r 10, 2016 oRDINANCE NO. 2016-24 AN ORDINANCE AFFECTING SOLIDWASTE IN ORANGE COUNTY, FLORIOA RELATING TO BEAR MANAGEMENT; AMENDING THE ORANGE COUNTY OROINANCE COOIFIED AT ARTICLE IV, CHAPTER 32, OF THE ORANGE COUNW CODE; AMENDING SECTION 32-153, DEFINITIONS; AMENDING SECTION 32-155, RULES, REGULATIONS, AND PROGRAM REQUIREMENTS; AMENDING SECTION 32-160, FULL SOLID WASTE AND RECYCLING COLLECTION SERVIGE; AMENDING SECTION 32-178, RESIDENTIAL FRANCHISE, COMMERCIAL LICENSE AND REGISTRATION REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY: Seclion L Amendmenfs to Sectfon 32-153 ("Definilions'), Section 32-153 ("Definitions") is amended to read as follows, with any new wording being indicated by underlines and any deleted wording being shown by strike-throughs: Sec. 32-153. - Definitiona. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning: Annual rate of compensation shall mean the amount of money per residential premises, within each franchise area, lo be fixed and paid by the county to the individual franchisees for full solid waste and recycling collection seryices rendered by the franchisees for residential premises within the sanilation district. Appllcanf shall mean: (1) A person applying to the county for the commercial license required to collect or transport solid waste for hire or remuneration or other consideration within the unincorporated county or county-wide as specified herein; or 5.B.1 Packet Pg. 56 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (2) A person applying to the county for the registration certificate required to collect, process, convey or transport recovered materials for hire or remuneration or other consideration within Orange County Bear manaoement area shall mean an area w ithin Oranoe Countv in which the re is a hiqh incidence r/human interactions re rded bv the Appropiate dlsposa/ and/or recycling sile shall mean the place or places that are properly zoned, permitted, registered, or licensed in accordance with all applicable local and state laws for the disposal of solid waste and/or the processing of recyclable materials. Florida Fish and Wildlife Conservali on Commission. occu rn at a level that ooses a ootential threat to th health. safetv. and welfare of the ts\i itizens and vlsito to Oran e Cou an nated h -;>u' Director. :)", t' Biohazardous waste shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; including, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, dead animals, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, surgical gloves and other biological wastes. Biological waste shall be as defined in F.S. ch. 403. Bulk trash shall mean any nonvegetative item which cannot be containerized, bagged, or bundled; including, but not limited to, automobile tires, household appliances, toilets, pool heaters, water softeners, pianos, bath tubs, water heaters, sinks, bicycles, household goods and furniture and shall not be commingled with yard waste. Bulk trash shall not mean any Freon-containing devices. Commercial customer shall mean a person who receives commercial services as provided in this article. Commercial generator shall mean a person who owns or controls a site in unincorporated Orange County, other than a residential premises, which is the point of origination of solid waste or recovered materials, and is eligible to receive commercial services as provided in this article; 2 Bear resistant commercial refuse container shall mean a commercial refuse container with a reinforced lid and a latchinq mechanism, or other Countv-approved method that prevents access to the contenls bv bears. 5.B.1 Packet Pg. 57 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) provided, however, provisions of this ordinance could be applicable in an incorporated municipality by interlocal or other agreement or by law- Commercial licensee or licensee shall mean those persons that have filed an application with, and received a license from, Orange County to provide solid waste collection and transport services in unincorporated Orange County. Commercial licensees shall be those persons that provide commercial service to one (1) or more of the following categories: (1) Multifamily - collection of solid waste from residential dwellings and mobile home parks not otherwise provided full service. (2)Construction and demolition - collection of construction and demolition debris only. (3)Other commercial - collection of solid waste from commercial generators not covered under (1) and (2), Commercial service shall mean the mechanical containerized pickup or container pickup of solid waste or yard waste provided by a commercial licensee to any licensed mobile home park exceeding four (4) dwelling units, and to multifamily residences exceeding four (4) dwelling units, under one ('t ) common roof, and to business, commercial or industrial enterprises of all types licensed to do business in the county. Commercial service container shall mean an industry standard container made for commercial collection which is conshucted of an acceptable nonabsorbent material. Consumer shall mean a person directly benefitting from full solid waste and recycling collection service as provided by this article, who possesses or resides at a residential premises entitled to full solid waste and recycling collection service. Container shall mean a garbage, trash or yard waste container made of an acceptable nonabsorbent material provided with a closely- fitting cover, The type and capacity of the container shall be as specified in the program requirements developed pursuant to this article. De minimus quantities, in appropriate context, shall be defined as: (1) No more than ten (10) percent by volume of designated recyclable materials in a solid waste load delivered to a county facility or a facility under contract with the county; 3 5.B.1 Packet Pg. 58 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (2) No more than ten (10) percent by volume of solid waste in a recovered materials container at the point of generation. Designated recyclable materials shall mean those recyclable materials that are designated pursuant to section 32-155 of this article. Director shall mean the Orange County Utilities Director or his/her designee. Disabled persons shall mean persons who are certified by a licensed physician to be physically unable to transport garbage and/or recycling materials to curb or road frontage area from other areas of the person's residential property and who reside alone or reside only with other persons likewise unable to transport garbage and/or recyclable materials to curb or road frontage area. Division shall mean the Orange County Solid Waste Division. Franchisee shall mean a corporation that has been awarded a contract by, or entered into an agreement with the county, to provide full solid waste and recycling collection services. Franchise agreement shall mean any agreement or contract executed between the board and a corporation for the provision of full solid waste and recycling collection services. Franchise areas shall mean geographical areas in the county which are identified and defined for purposes of facilitating the orderly collection and transportation of residential waste materials and designated recyclable materials. Freon-containing devices shall mean appliances or devices which contain or may release freon, including, but not limited to refrigerators, freezers, air conditioners, and dehumidifiers. Full solid waste and recycling collection servlce, (also known as "full service") shall mean the mandatory curbside and rear door collection service of garbage, designated recyclable materials, yard waste and bulk trash provided pursuant to this article to those consumers owning or possessing property located in unincorporated Orange County. Garbage shall mean all putrescible waste, all animal or vegetable refuse or residue that results from the preparation of or care for or treatment of foodstuffs intended to be used as food' or that results from preparation or handling of food for human consumption, any decayed or unsound meat, fish, or vegetable, and the containers used in the 4 5.B.1 Packet Pg. 59 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) preparation of such foodstuffs, and other discarded household items not otheruise defined as biohazardous waste, hazardous waste, bulk trash, designated recyclable materials, prohibited residential wastes, or yard waste. Hazardous wasle shall mean solid waste regulated by the State of Florida Department of Environmental Protection as a hazardous waste pursuant to Chapter 62-730, Fla. Admin. Gode. Household ilems shall mean material such as packaging, small appliances, bicycles, records, pet wastes, common household materials, materials from minor home repairs, minor remodeling projects and from hobby activities generated by a consumer at a residential premises and which are not included in the definition of garbage, yard waste, bulk trash, hazardous waste, biological waste or prohibited residential wastes. Mobile home park shall mean a community of mobile homes where individual mobile home lots are in a common ownership- Mobile home subdlyisions shall mean a communily of mobile homes where individual mobile home lots are individually owned. Municipality shall mean any one (1) of the cities located within Orange County. Orange County shall mean those incorporated and unincorporated areas located within Orange County, Florida, unless otheruise specified. Person shall mean all natural persons, partnerships, corporations, or entities of any kind. For the purposes of this article, a person shall not include a municipality. Program requirements for full solid waste and recycling collection servrce (also known as "program requirements") shall mean requirements, processes and procedures developed by the director or designee for participation in the full solid waste and recyclable collection services provided by the county. Such requirements may specify required container type and capacity, requirements for placement of garbage, bulk trash, yard waste and recyclables and other requirements deemed necessary for orderly collection of garbage, yard waste and recyclables. Prohibited residenllal wastes shall mean wastes that require special handling and management including, but not limited to, Freon_containingdevices, used oil, lead-acid batteries, automobiles, boats, interniicombustion engines, sludge, dead animals, septic tank waste,biohazardous waste, liquid waste, and hazardous waste. prohibited 5 5.B.1 Packet Pg. 60 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) residential wastes may also include items determined by the director or designee to be unmanageable. Recycling area or recycling siles shall mean any site, location, tract of land, area, building, structure, transfer box, transfer station or other premises to be used for recycling of recovered materials or accumulation for the county's recycling program as approved by the director. Recycling container shall mean containers approved by the directorfor residential recycling collection, as specified in the program requirements. Recycling prognm or program shall mean the recycling program approved by the board on February 20, 1989, as such program may be amended from time to time. oackaoino. toothoaste. deodorant.cosmetics, spices, seasoninqs and qrease. Registrant shall be those persons who have filed an application with the county to collect, transport, convey or process recovered materials in Orange County and have subsequently received a registration certificate from the county. Municipalities shall not be subject to registration except as provided in the interlocal agreement with the county. Residential franchise shall mean a franchise awarded by the board to a collector of residential waste materials and recyclables, pursuant to the provisions of this article, wherein the franchisee agrees to be bound by the terms of this article and to provide full solid waste and recycling service to the designated area in accordance with the terms of a residential franchise agreement entered into by the county and the franchisee. Residentiat premlses shall mean every lot or parcel of land which is 6 Rates shall mean those charges and fees adopted by the board by resolution or contract for the management of solid waste and recovered materials. Rates adopted by the board shall be administered by the solid waste division. This definition shall also mean those charges and fees collected by commercial licensees or registrants. Provided, however, that this article is not intended lo authorize Orange Counly to establish rates charged by commercial licensees or registrants to commercial generators. Recovered matenals shall be as defined in F.S. ch. 403. Refuse shall mean any waste that could reasonably attract bears includinq. but not be limited to: kitchen orqanic waste, food. food 5.B.1 Packet Pg. 61 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) improved for occupancy as a single-family residence, duplex, triplex, quadplex or mobile home park not exceeding four (4) units. For purposes of calculating the number of residential premises, each dwelling unit shall constitute a separate unit. Residential waste mateials shall mean residential garbage, yard waste and bulk trash designated for collection under the full solid waste and recycling collection service program. Scavenging shall mean the act of removing materials from containers at curbside, or other areas designated by Orange County for collection, without the specific written permission of the county. Specra/ wasles shall be as defined in F.S. ch. 403. Yard waste shall mean waste that is vegetative matter resulting from landscaping maintenance from that premises from which the waste is generated and includes material such as tree and shrub trimmings, grass clippings, palm fronds, tree leaves, and tree stumps. Section 2. Amendments to program requirements"). Section Section 32-155 ("Rules, regulations, and 32-155 ("Rules, regulations, and program requirements") is amended to read as follows, with any new wording being indicated by underlines and any deleted wording being shown by strike-th roughs: Sec.32-155. - Rules, regulations, and program requirements. (a) By resolution, the board of county commissioners may from time to time enact and amend reasonable rules and regulations to implement and carry out the provisions of this article. However, the director shall have the authority to establish, modify, implement and enforce appropriate program requirements, processes and procedures to allow for orderly collection of residential waste materials and recyclables under the full service colleclion program. (b)The Bear Manaoement oram orovides for a container ro nted throu e unrn h rt r which a nal res ns within Bear ana esr n followinq co nsultation with the Countv's enviro nmental o of the Director ldlife Con 7 the Fish rvation ISSI rotection officer Solid waste shall be as defined in F.S. ch. 403. 5.B.1 Packet Pg. 62 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) Seclion 3. Amendments fo Secfiorl 32.16A (Full solid waste and recycling collection seruice"). Section 32-160 ("Fu solid waste and recycting collection service") is amended to read as follows, with any new wording being indicated by underlines and any deleted wording being shown by strikethroughs: Sec. 32-160. - Full solid waste and recycling collection service. (a) Compliance with article. All persons owning or possessing property entitled to full solid waste and recycling servace are required to accept full service as set forth in this article, and shall dispose and recycle residential waste materials and designated recyclables generated on the property only through the full service provided pursuant to this article and shall comply with the relevant provisions of this article and the program requirements. However, this article shall not preclude a consumer from occasionally transporting residential waste materials and designated recyclables generated on their own property to an appropriate disposal or recycling site. (b) Curbside pickup. All persons owning or possessing property enlitled to full solid waste and recycling service shall receive such service in accordance with the program requirements. The franchisee shall collect garbage, designated recyclables, yard waste and bulk trash placed at the curb or roadside according to the provisions of the residential franchise agreements. Franchisees shall not collect any prohibited residential wastes. A consumer's bulk trash may not be collected if determined by the director to be incompatible with collection equipment or the county's waste management system or of such weight or quantity as would significantly hinder the effectiveness of the collection or disposal system. (c) Rear doot pickup. fhe franchisee shall collect garbage and designated recyclable materials from the residences of disabled persons from the side or rear of the house within an area no further than one hundred (100) feet from the curb or other public road frontage in accordance with the residential franchise agreement. All such rear door pickup shall be on days designated by the director, except during weeks which have holidays as approved by the director. (d) Ownership. From the time of placement of garbage, designated recyclable materials, yard waste and bulk trash for franchisee collection at the curb or other approved area by any consumer pursuant to the full solid waste and recycling collection program and the requirements hereunder, such materials shall become and be the property of the county. lt shall be unlawful for any 8 5.B.1 Packet Pg. 63 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) person (other than the franchisee, authorized personnel of the county, or olher persons authorized by the county) to collect, pick up, or cause to be collected or picked up, any such garbage, designated recyclable materials, yard waste and bulk trash except as provided herein. This shall not preclude consumers from voluntarily recycling their own solid waste or recyclable materials prior to placement of the materials at curbside. (f) Placement of residential wasl+ materials and recyclables. fi\ Minimum Countvwide Standards. Except as otheruise provided, all consumers shall place residential waste materials and designated recyclables within three (3) feet, or as near to the paved or improved roadway abutting the consumeds property as safely possible on days designated by the director for garbage, designated recyclable materials, yard waste and bulk trash collection. Consumers who reslde on a private road must allow access onto such road or must place the residential waste materials and recyclables within three (3) feet, or as near as safely possible, to the nea.est accessible public right-of-way. Consumers who reside on a dirt Joad, if not accessible to collection vehicles as determined by the director, shall place the residential waste materials and recyclables within three (3) feet, or as near as safely possible, to the nearest accessible public rightof-way. Consumers shall place such residential waste materials and recyclables in a location allowing for unobstructed collection. Placement and containerization shall be in accordance with this article and the program requirements, The director shall have the authority to approve or specify the precise location for placement of residential waste materials and recyclables for collection. Placement shall be made by consumers no earlier than 6:00 p.m. on the day preceding the designated collection day. Franchisees may begin collection of residential wasle materials and recyclables at 6:00 a.m. on designated collection days. The consumer's residential waste materials and recyclables should be placed curbside by 6:00 a.m. on designated collection days lo ensure collection. The consumer's residential waste materials and recyclables will not be collected if they are placed curbside after the franchisee has serviced the consumer's area, provided that the franchisee began collection afler 6:00 a.m. Containers shall be removed from the roadside 9 (e) Right to inspect containers. From the lime of placement by any consumer or commercial generator at the curb or other approved area, the franchisee, licensee, and/or the county, including any county employee designated by the director, shall have the right to inspect containers and recycling containers for compliance with this article. 5.B.1 Packet Pg. 64 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 2 within twelve (12) hours of collection. Re.sf within Be er A rces Countv- ssued roll carts containino house hold oarbaoe must be maintained tn a secu area and olaced the curb for coll ection between 4:00 a.m. and 6:00 a.m. on llection dav. As an alternative. n mers m u Cou -a r resistant roll Dlace of th e standard Countv Droved roll cart soe fied in the proqram requirements. (S) Use of containers. All consumers shall utilize a container or containers as specified in the program requirements. Yard waste may also be bundled in accordance with section 32-189 of this Code. All garbage and yard waste conducive to containerization shall be stored in containers until disposed of pursuant to this a(icle. Any container used for collection or storage of garbage or yard waste failing to meet the standards prescribed by the program requirements shall be clearly marked by the franchisee, specifying the manner in which the container fails 1o meet these requirements. Such containers shall be removed from service by the furnishing party. Upon failure of the furnishing party to remove the container from service, after written notice by the franchisee, the franchisee shall notify the director who may have the container removed and destroyed by the county or the franchisee. (h) Use of recycling containers. All consumers shall utilize a containeror containers for designated recyclables as specified in the program requirements. The county or franchisees shall provide recycling containers for holding designated recyclable materials at curbside. The recycling containers are the property of the county and shall remain at the property entitled to full solid waste and recycling collection service, Consumers shall be responsible for maintaining their respective recycling containers. lt shall be unlaMul to willfully damage, vandalize, or steal any such recycling containers. Only designated recyclables shall be placed in recycling containers. (i) Responsibility of residential franchisees. Residential franchisees shall perform all actions as may be required by the board of county commissioners to ensure full solid waste and recycling collection services are provided as agreed to by agreement and/or as described in this article. Where a conflict arises between provisions implied or expressed in this article and any agreement executed by the franchisee and the board, the implied or express provisions of this article shall prevail and shall be deemed incorporated in such agreement as if expressly included. Failure to meet the terms and conditions of this article or an agreement between the franchisee and the county shall be a basis for the county to suspend or terminate the franchise. 0) Specla/ assessments; collection of special assessmonls; authority to collect under MSBUs: 10 5.B.1 Packet Pg. 65 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (1) Speclal assessments imposed. All persons owning property that are entitled to full service shall be obligated to pay a charge for rull solid waste and recycling collection service. Such amounts shall be set from time to time by resolution of the board of county commissioners after public hearing with public notice in the same manner as for county ordinances. (2) Collection of special assessmenrs; establishment of municipal seruice benefit unlfs. Pursuant to F.S. $ 125.01, the board is authorized to establish, by resolution, municipal service benefit units (MSBUs). Pursuant to Resolution 85-SW-06 the board of county commissioners has created an MSBU to encompass all franchise areas. The MSBU may be expanded, contracted, split- out, merged or abolished by resolution. Within the MSBU the board of county commissioners shall impose special assessments upon property entitled to full service. Pursuant to law, special assessments imposed in the MSBU shall be collected in the same manner as ad valorem taxes and shall be subject to the same discounts, liens, and certificates. However, these special assessments shall be imposed annually in advance, not in arrears. (3) Development of rules and regulaflons. As necessary, the director shall develop, and propose to the board for approval by resolution, all rules and regulations necessary for the orderly collection of special assessments imposed by the board of county commissioners under this section. All such rules and regulations shall be fully consistent with and cumulative to F. S. ch. '197 and all other applicable laws of the state. Section 4. Amendments fo Section 32.178 ("R*idential franchise, commercial license and registfition requirements?, Section 32-178 ("Residential franchise, commercial license and registration requirements") is amended to read as follows: Sec. 32-178. - Residential registration requirements, franchise, commercial license and (a) Processes for awarding franchise agreements and obtaining licenses and registrations. (1) Procedure for procuing residential lranchise agreements.ll 5.B.1 Packet Pg. 66 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) The board awards franchises for full solid wasle and recycling collection services through a request for proposal process. (2) Application for commercial license or registration. Every new applicant who desires to engage in the occupation of collecting or transporting commercial solid waste and/or collecting, transporting or processing recovered material in the county shall apply for, on forms and documents required by the director, or by responding to requests for proposals or bids, and obtain a commercial license, or registration, in the manner described herein prior to commencing operations in such occupation. Applicants for a commercial license or registration shall obtain an application approved by the director and shall file a certified application with the solid waste division. The board may solicit bids or advertise for applications for commercial licenses including such terms and conditions as necessary to determine award of such service. License application shall be divided into the following three (3) categories. A license may be issued for one (1) or more of the categories. Muftifamily. Collection of solid waste from residential dwellings and mobile home parks nol under the franchise system. a b C Construction and demolition. Collection construction and demolition debris only. of Other commerc,al Collection of solid waste from commercial generators not covered under subsection (1) or (2) above. Registrants shall be identified as processors, transporters, or both. Applications for registration shall be limited to that information required pursuant to state law. (b) Approval of application. (1) Pubtic heaing. Upon receipt of an application for a commercial license, the board shall determine the ability of the applicant to comply with the provisions of this article and may hold a public hearing on such application if the board or director deems it necessary in the public interest which hearing shall be held after publishing notice thereof in a 12 5.B.1 Packet Pg. 67 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) newspaper of general circulation within the county at least fifteen (15) days prior to the hearing. (2) Findings; rssuance. ln determining whether or not to award a commercial license, the board shall consider the truth and completeness of the statements in the application and whether the applicant is capable of complying with the provisions of this article and other applicable rules and regulations. Vehicles. Commercial license applicants shall demonstrate, to the satisfaction of the director, that any vehicles and necessary equipment to be utilized meet industry standards and have the capability of providing and maintaining an appropriate level of service. Processing. Registration applicants shall effectively demonstrate to the satisfaction of the director that they have sufiicient equipment, capacity and stafi to process the materials they may reasonably be expected to receive for separalion into recovered materials within six (6) months of its receipt without causing public health, safety or nuisance problems. Appeal. A registration applicant may appeal any of the director's determinations to the board in accordance with the procedures set forth in this chapter. (3) Denial; notification of denial. The board of county commissioners may deny any application for a license if, after due investigation and public hearing as provided herein, the board of county commissioners finds and determines as a matter of fact any one (1) of the following: (1)that statements made in the application are false; (2) that the applicant is unable to provide the service requested; or (3) that the applicant does not comply with the provisions of this chapter or other applicable regulations. Reasons for such denial shall be stated in writing and mailed to the applicant. a b c (c) /ssuance ol commercial license or registration. After submittal and approval of a license application by the board, the board shall so advise the applicant and shall issue a commercial license to the applicant upon payment ofthe commercial license fees as provided in this article or in the rules andregulations implementing this articre. After submittar and approval of a l3 5.B.1 Packet Pg. 68 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) registration application by the direclor, the director shall so advise the applicant and shall issue a registration to the applicant upon payment of the registration fees as provided in this article or in the rules and regulations implementing this article. (d) Separate accounting required for franchise seryices and commercial collection seryrbes. No residential franchisee or affiliated entity shall hold or obtain a commercial license, nor shall a commercial licensee or affiliated entity hold or obtain a resrdential franchise, except where such franchisee or commercial licensee maintains separate accounling and financial records in order to prevent the subsidy of one (1) operation by the other. The subsidy of commercial services by residential service and the subsidy of residential service by commercial service is hereby expressly prohibited. (e) Franchisee or licensee firm names. Franchisees and licensees shall not use a firm name containing the words ,'Orange County,, or other words implying county ownership. (f) Duration of licenses and registrations. Commercial licensees and registrations are valid for a five-year period commencing on the date of the issuance of their license or registration unless revoked sooner by the board for due cause. Such licensees and registrants shall be subject to an annual fee or any other fee(s) as established by the board of county commissioners, such fee to be payable prior to January 1. (S) Commercial rales. Except as otheruise expressly provided for in this article, rates charged by commercial licensees for commercial services shall not be regulated by the board of county commissioners. Billing for such services shall be performed by the owner/operator of the licensed enterprise. (h) Collection of prohibited mateials. Franchisees shall not accept for collection any prohibited residential waste or any yard waste mixed with garbage or bulk trash. Franchisees and licensees shall not accept any materials prohibited from collection by federal, state or local law. (D Specific commercial license requiremenfs. A commercial licensee (may contract to provide commercial service with any commercial generator in Orange County pursuant to the specific requirements of the commercial license and the following requirements:(1) Records. All licensees shall keep and maintain such operating records as the board of county commissioners may require to ascertain the extent of compliance with this article. During the term of the commercial license or its renewal, the commercial licensee shall make its Orange County license and, in the county's discretion, all other related books and records, t4 5.B.1 Packet Pg. 69 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) including but not limited to dump tickets, customer invoices and customer transaction files, available to the county for inspection at all reasonable times. Failure to furnish or to maintain complete and accurate books and records, or to make such books and records available to the county, shall be considered a violation of this article and shall provide a basis for the county to terminate the commercial license and to collect any damages resulting therefrom. Commercial licensees must keep all licenses and other related books and records on file for not less than three (3) years from the termination of the license by either party. ln addition, the licensee shall keep financial records to properly reflect its financial operations and financial condition in accordance with generally accepted accounting principles. The licensee shall prepare an annual financial report on a date acceptable to the director and licensee. Such teport shall consist of a balance sheet, income statement, statement of retained earnings, and a statement of cash flow on the entity as a whole, as well as supplemental financial information on commercial solid waste service, including operation and maintenance costs separate of any other service provided in the county. (2) Billing. The commercial licensee shall have the sole responsibility for the billing and collection of all charges described herein. ln the event bills are not paid in a timely manner, the commercial licensee shall have the right (provided that the commercial licensee may otherwise legally do so) to discontinue services for nonpayment, and shall notify the director within fifteen (15) days after discontinuance of such services. (3) Nonpeiormance. ln the event that a commercial licensee fails to provide adequate collection to a commercial customer by reason of any: (1) emergency, catastrophe, natural disaster, war, labor strike, act of God, or similar event; or (2) otherwise fails to adequately perform the duties and obligations created by this article (as determined solely by the county), the county may, at its sole discretion, (1) terminate the license; and/or (2) take over the collection service using its own equipment and service or that of another commercial licensee. ln the event any of the privileges granted herein are terminated pursuant to this article, any liability of the commercial licensee to the county accruing thereby, and any liability of the licensee to thecounty arising out of any act or event occurring prior to the termination shall immediately become due and payable to the t5 5.B.1 Packet Pg. 70 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) county, without further notice. (4) lnsurance. Each commercial licensee shall purchase and maintain insurance in the amounts and pursuant to the terms and conditions set forth below: Commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence; Business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident; Workefs compensation as required by F.S. ch. 440; Pollution legal liability including coverage for bodily injury and property damage as well as cleanup and defense costswith limits of not less than one million dollars ($1,000,000.00) per loss. The county shall be named as an additional insured on all liability policies. The licensee shall annually provide the county with proof of insurance coverage by a company authorized to do business within the State of Florida as required in this section. No material change or cancellation/non-renewal shall be effective without thirty (30) days'written notice to the county. Failure to maintain insurance shall result in revocation of the commercial license. Each licensee shall annually furnish proof to the county that all liability and worker's compensation insurance laws of the state have been complied with. (5)Other laws and regulations. The commercial licensee shall, at its sole expense, procure all required local, state, and federal licenses, certificates, permits, and other authorizations necessary to conduct the licensee's operations. Each commercial licensee and its employees shall observe and comply with all applicable federal, state, and local laws, rules, regulations, requirements, ordinances, orders, and mandatory guidelines, pertaining to the collection services rendered hereto. lssuance of a commercial license by the county shall not be deemed to be a waiver of any applicable state, local or federal laws or regulations; including, but not limited to, zoning or planning regulations. (6) Seruice explanation. Each commercial licensee shall provide a copy of its license and application, upon request, to each one (1) of the commercial licensee's customers. These materials shall be provided to potential customers before the commercial licensee l6 a b c d 5.B.1 Packet Pg. 71 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) enters into a contract for services with the potential customer (7) Changes. A commercial licensee shall have a continuing obligation to apprise the county of any material changes to its service or financial position which deviate from the information contained in the commercial licensee's applicatlon. (8) Yard waste. Yard waste from a commercial generator or customer shall be collected separately from other solid wasle. Each commercial licensee shall inform all of its customers of this requirement. (9) Load inspection. The commercial licensee shall submit to the county load inspection program. (10) Cancellation. ln addition to the requirements of_ggct!e!_r32j!t9(a), the county has the right to cancel or revoke a license due to noncompliance with this article and failure to comply within thirty (30) days after receiving written notice. Provided, however, that if the director determines that an imminent health or environmental problem exists as a result of the noncompliance, such notice shall only be ten (1 0) days. (1 1) Disclosure of owners. Annually, each commercial licensee shall provide the director with a notarized statement disclosing: The names of its principal corporate officers, partners and shareholders owning ten (10) percent or more of the outstanding stock; and The exact corporate or fictitious name under which the commercial licensee will conduct its business as authorized by this article. The county shall be advised by the commercial licensee in writing of any proposed name change before it goes into effect. (12)Handling complaints. Each commercial licensee shall maintain an office in Orange County or an adjoining county with adequate staff and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00 a.m. and S:00 p.ri., Monday through Friday of each week, excluding holidays. Between the hours of 5:00 p.m. and 8:00 a.m., Monday through Friday, and all day Saturday and Sunday, including holidays, the commercial licensee shall maintain an answering machine to receive incoming calls and complaints. The answering machine shall be checked at least once a day for complaints. l7 a b 5.B.1 Packet Pg. 72 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (14) Trucks. A commercial licensee shall use modern packer lype sanitation trucks for the collection and transportation of solid waste, except construction and demolition and class lll waste. Determination of whether such vehicles are appropriate, including those vehicles that collect construction and demolition and class lll wastes, shall be as set forth in this section. (15) Clean-up. A commercial licensee shall handle commercial service containers with reasonable care and return them to the approximate location from which they were collected. A commercial licensee shall clean up all wastes that it spills during its collection operations. (16) Emergency. A commercial licensee shall not be required to provide collection services when all appropriate disposal and/or recycling sites are closed or when county-wide natural or civil emergency conditions exist or are imminent, as determined by the director. During and after such emergencies, collections and deliveries of solid waste shall be at the discretion of the director. (17) Times tor collection. Unless otherwise approved by the director, commercial collections shall be made only Monday through Saturday between 6:00 a.m. and B:00 p.m. A minimum of once a week service shall be provided for all customers; however, where garbage, as defined herein, is generated, a minimum of twice per week collection is required unless otherwise approved by the director. Such service shall be provided by commercial service container as defined herein. However, where a customer generates one (1) cubic yard or less per week of solid waste, an alternate noncommercial container may be utilized. Subject to the minimums set forth above, the size of the container and the frequency of collection should be determined between the customer and the commercial licensee, but disputes concerning these issues shall be resolved by the director. However, no solid waste shall be placed outside the container. Storage capacity shall be suitable for the amount of waste generated by the customer. l8 (13) Response to complaints. Any complaints received by the commercial licensee before 12:00 noon shall be responded to and, if feasible, resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be responded to and, if feasible, resolved before 12:00 noon of the following day (excluding Sunday). An emergency telephone number or numbe(s) where the commercial licensee may be reached shall be given to the director. 5.B.1 Packet Pg. 73 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) (18) Acquisition of containors. A commercial licensee may provide containers to its customers; however, customers also may acquire their containers from any other source, provided that such source or customer is completely responsible for the proper maintenance of the container. Containers shall be of a type that can be serviced by the commercial licensee's equipment. (19) Placement and maintenance of containers. a. Minimum Countywide Standards. All commercial solid waste shall be placed in a container, garbage can, other receptacle or plastic disposal bag. Where garbage cans are used, they shall be placed at the roadside or at such other collection point(s) as may be agreed upon between the licensee and the customer. All containers shall be kept in a safe, accessible location, as agreed upon between the commercial licensee and the customer, subiect to any limitations or restrictions imposed by the county. Any container damaged by the commercial licensee shall be repaired or replaced by the commercial licensee, ordinary wear and tear of customer-owned containers excepled, Addition al Restiction s within Bear Manaqementb LoaA"*''Areas. Commercial qarbaqe collection customers located within desiqnated Bear Manaqement Areas are required to place refuse within a bear resistant commercial refuse container approved bv the commercial licensee. Bea r resistant commercial refuse ntain rS red at all times ex unloadinq the container and the around the container must be keot clean of refuse and debris. lf damaqed in a manner that would the da mu rted to the com an resDonsible for the maintena nce of the container and repaired ithin fo ht (48) hours after the damao e is discoveredrtveto Cuslomers will be responsible for anv cost associated with comDl ce with this requ irement. (20) Nonagency. A licensee shall not be deemed to be the agent of the county. A commercial licensee shall be solely responsible for any losses or damages of any kind arising from its performance or nonperformance under its license. The commercial licensee shall defend at its own expense or provide for such defense, at the county's option, any and all claims and suits brought against the county which may result from the commercial licensee,s performance or nonperformance of service pursuant to its license. o registration Operating requirements for registrants. ln addition to the requirements set forth herein, persons collecting, transporting, t9 J 5.B.1 Packet Pg. 74 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) Response to complaints. Any such complaint shall be responded to within twentyJour (24) hours or by Monday if the complaint occurs on the weekend. (4) Containers. A regiskant shall handle recovered materials containers with reasonable care and return them to the approximate location from which they were collected. A registrant shall clean up all materials that are spilled during its coilection operations, (3) (5)Emergency. A registrant shall not be required to provide collection services when all appropriate disposal and/or recycling sites are closed or when county-wide natural or civil emergency conditions exist or are imminent, as determined by the di.ector. During and after such emergencies, collections and deliveries of solid waste shall be at the direction of the director. (6) Acquisition of containers. A registrant may provide recovered material containers to its customers. Customers that acquire their own containers from any other source are responsible for the proper maintenance of the container. Containers shall be of a type that can be serviced by the registrant's equipment. (7) Location and maintenance of containers. All recovered materials shall be placed in an appropriate industry standard container. Where garbage cans are used, they shall be placed at the roadside or at such other single collection point(s) as may be agreed upon between the registrant and the customer. All containers shall be kept in a safe, accessible location as designated or approved by the county and as agreed upon between the registrant and the customer. Any container damaged by the registrant shall be repaired or replaced by the registrant, ordinary wear and tear of 20 conveying, or processing recovered materials in Orange County shall comply with the following operating requirements: (1) Disclosure of awners. Annually, each registrant shall provide the director with two (2) notarized statements disclosing the names of its general and limited partners, or corporate officers and directors, and the exact corporate or fictitious name under which it will conduct its business as authorized by this article. (2) Handling complaints. Each regiskant shall be responsible for promptly responding to any and all complaints which involve actions that create a nuisance or have the potential to create a nuisance, 5.B.1 Packet Pg. 75 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) customer-owned containers excepted. (8) Nonagency. A registrant shall not be deemed to be the agent of the county. A registrant shall be solely responsible for any losses or damages of any kind arising from its performance or nonperformance under its registration. The registrant shall defend at its own expense or provide for such defense, at the county's option, any and all claims and suits brought against the coun$ which may result from the registranl's performance or nonperformance of service pursuant to its registration. (9) Irucks. Registrants shall use trucks which are capable of preventing spillage or accidental release of recovered material during transport as required in this section. (10) lnsurance. The registrant further agrees to purchase and maintain insurance in amounts and pursuant to terms and conditions set forth below: Commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence if the registrant utilizes county facilities; Business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) per aceident; Pollution legal liability including coverage for bodily injury and property damage as well as cleanup and defense costs with limits of not less than one million dollars ($1,000,000.00) per loss. b c d The county shall be named as an additional insured on all liability policies if the registrant utilizes county facilities. The registrant shall annually provide the county with proof of insurance coverage by an insurance company authorized to do business in the State of Florida as required in this section. No material change or cancellation/nonrenewal shall be effective without thirty (30) days, prior written notice to the county. Failure to maintain insurance shall result in revocation of registration. Each licensee shall annually furnish proof to the county that all liability and worker'i compensation insurance laws of the state have been complied with. (1 1) Other laws and regulations. The registrant shall, at its sole expense, procure from all local, state and federal governmental and 21 Worker's compensation as required by F.S. ch. 440; 5.B.1 Packet Pg. 76 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) Secfion 5. agency authorities (having jurisdiction over the operations of the commercial regishant) all licenses, certificates, permits, or other authorizations necessary to conduct the registrant,s operations. The registrant and its employees shall also observe and comply with all present and future federal, state, and local laws, rules and regulations, requirements, ordinances, orders, and mandatory guidelines, pertaining to the collection or processing services rendered hereto. lssuance of a registration by the county shall not be deemed as a waiver of any applicable state, local or federal laws or regulations (including, but not limited to, zoning or planning regulations) with respect to a recycling operation of any kind nor shall it create any vested rights to own or operate any type of recycling operation. This ordinance shall take effect on this _day 61 NOV 0 | 2016 ORANGE COUNTY, FLORIDA By: Board of County Commissioners a Jacobs Orange County Mayor ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By De tyc ,l 22 By: 5.B.1 Packet Pg. 77 Attachment: Neighboring County/City Ordinances (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) “BearWise” Initiative Updates 1.“BEARWISE” PILOT STUDY UPDATE 2.BOARD-DIRECTED “BEARWISE” DRAFT ORDINANCE REVIEW 3.“BEARWISE” GRANT APPLICATION AND AWARD UPDATE 5.B.2 Packet Pg. 78 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Countywide “BearWise” Pilot Study Update DILIA CAMACHO INTERIM DIRECTOR, SOLID & HAZARDOUS WASTE MANAGEMENT DIVISION 5.B.2 Packet Pg. 79 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Purpose uTo provide the Board with an update on the countywide BearWise initiative to bring bear-resistant trash roll carts to Collier County residents, as requested at the June 12th Board of County Commissioners meeting. 5.B.2 Packet Pg. 80 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Objective To incorporate a functional user friendly bear- resistant trash roll cart that can be integrated with Waste Management of Florida,Inc. and Wa ste Connections,Inc. automated collection service. 5.B.2 Packet Pg. 81 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : 2018 Residential “BearWise” Pilot Study A second pilot study was conducted from July 16, 2018 thru August 11, 2018 with a Rehrig Pacific model that shows potential to be lighter in weight due to weight enhancement features. A total of 100 bear-resistant roll carts were tested within Service District I. The pilot program location selected was the northeast area of Wilson Blvd, north of Immokalee Road. 5.B.2 Packet Pg. 82 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Rehrig Pacific Bear-Resistant Roll Cart uReinforced lid around the cart. uDual Tab Locking Mechanism. uLightweight uChildproof release lock inside cart. uBear Imprint on lid for bear recognition. 5.B.2 Packet Pg. 83 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Rehrig Pacific Locking Features uGravity lock allows manual opening by consumer and automated opening through natural force gravity. uLock opening requires a specific rotational motion as displayed. 5.B.2 Packet Pg. 84 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Automated Collection System vs Bear- Resistant Cart Performance McNeilus Railing System u 5% Failed rate did not open without assistance u 12% Failed rate of not opening on first attempt. u 20% Failed rate of not opening without assistance. u 12% Failed rate of not opening on first attempt. Python Automated Arm System 5.B.2 Packet Pg. 85 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Bear-Resistant Cart Performance Working Cart Not Working Cart 5.B.2 Packet Pg. 86 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : 2018 Survey Results Survey 1 A total of 100 surveys mailed, 33 were received. 1.91% confirmed bear interactions within the last 12 months. 2.85% confirmed bear interactions in garbage. 3.91% confirmed daily, weekly and monthly frequency of bear interactions. Survey 2 A total of 100 surveys mailed, 37 were received. 1.99% confirmed easy functionality of opening and closing locks of bear-resistant carts. 2.91% confirmed easy handling of bear-resistant carts. 3.89% confirmed bear-resistant cart emptied on service day. 4.95% confirmed would prefer to have a bear-resistant cart. 5.62% confirmed bear interaction with bear-resistant cart. 6.68% confirmed bear interactions during pilot study. 7.50% confirmed bears attempted access to the bear-resistant carts. Survey 3 A total of 100 surveys mailed, 38 were received. 1.60% confirmed bear interaction with bear-resistant cart. 2.74% confirmed bear interaction in yard, garbage and in area. 3.62% confirmed bears attempted to gain access into bear-resistant carts. 5.B.2 Packet Pg. 87 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Survey 2 Comments from Residents 1.We love the new cans. 2.They are amazing. 3.We can actually take out the trash without worrying. 4.We would love to see these permanently. 5.Knocked over but didn’t get into garbage. 6.Bear Tried to get into cart but was unsuccessful. 7.The can was knocked over twice but it stayed shut and there were no claw marks. 8.Bears knocked over the can but it did not open. 9.We love our bear-resistant can. 10.Thank you for doing the pilot program. 11.We appreciate your work on this project. 12.No mess. 13.Awesome can. 14.Wo uld be nice to have two of them. 15.How much are they? 16.Bears have tried about 10 times to get in it. 17.Knocked can over. Can did not open. 18.Cart knocked over. Not opened. 19.Cart was tipped over but stayed closed. 20.Sniffing around the garbage. 5.B.2 Packet Pg. 88 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Countywide “BearWise” Ordinance Update AL SANCHEZ EDUCATION AND COMPLIANCE SUPERVISOR 5.B.2 Packet Pg. 89 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Purpose u To develop a Board-directed “BearWise” draft ordinance for residential property owners to voluntarily purchase a bear- resistant container when carts become available. u The “BearWise” draft ordinance will create guidelines for commercial properties and special outdoor events that produce food waste. u The draft ordinance,in line with Board direction,is focused on adding new definitions that will be used when referring to the “BearWise” program. 5.B.2 Packet Pg. 90 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : FWC Partnership u Four counties and one city in the State have passed an ordinance regarding bear-resistant containers and/or securing solid waste. u City of Fort Walton Beach, Santa Rosa County, Orange County, Seminole County and Lake County. 5.B.2 Packet Pg. 91 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Highlights of “BearWise” Draft Ordinance Residential Customers 1.Residential Customers shall have the option of using a County-approved, curbside bear-resistant solid waste container, if available. 2.Curbside bear-resistant solid waste containers shall be closed and secured at all times. Commercial Customers 1.Commercial customers that are located in areas of the County that have reoccurring bear related conflicts may be required to obtain a commercial bear-resistant solid waste container. Special Outdoor Events 1.Special outdoor events that are located in areas of the County that have reoccurring bear related conflicts may be required to obtain a commercial bear-resistant solid waste container. 2.Bear-resistant container for special outdoor events would be determined and required upon application for a temporary event permit. 5.B.2 Packet Pg. 92 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : FWC “BearWise” Grant Application Update 5.B.2 Packet Pg. 93 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : FWC “BearWise” Grant Details u FWC provides state-appropriated funding to counties and cities to offset the cost of bear-resistant containers, with 60% of the funding awarded to communities that have adopted an ordinance and 40% to those that do not have an ordinance in place. u Preference will be given to locations within 18 counties that had the most human-bear conflicts reported in 2017. u A minimum 10% match to the requested grant funding amount is required by the recipient. 5.B.2 Packet Pg. 94 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : FWC Grant Applicants u $300,000 of the funding will be allocated to local governments that have ordinances in place. u $200,000 of the funding will be allocated to local governments without ordinance. Local Government Name Request BearWise Ordinance Seminole County $300,000 Yes Lake County $100,000 Yes City of Apopka (Orange Co)$100,000 Yes City of Mt. Dora (Lake Co)$68,181 No Volusia County $100,000 No Okaloosa County $25,000 No Santa Rosa County $64,500 Yes Collier County $90,000 No Walton County $67,500 No Marion County $20,000 No 5.B.2 Packet Pg. 95 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Collier County Grant Application Details u The total cost of proposal is $100,100 u FWC grant will fund up to $91,000 u Funds will provide 442 95-gallon bear- resistant trash roll carts u $9,100 have been appropriated by the division from the Mandatory Collection Fund 473-173416-648170 u FWC Awarded $45,000 to Collier County on September 12, 2018 10% 90% COUNTY GRANT 5.B.2 Packet Pg. 96 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Summary “BearWise” Pilot Study 1.Currently no financial impact. 2.Continue pilot study for bear- resistant carts with new enhancements to obtain 100% success rate with automated collection service for District I and II. 3.Bear-resistant solid waste cart cost approximately $270.00 vs current solid waste cart of approximately $65.00. 4.Voluntary residential participation program when available. Board-Directed “BearWise” Draft Ordinance 1.Board to review “BearWise” draft ordinance. 2.Provide guidance and feedback for the bear- resistant residential, commercial, and special events program. “BearWise” Grant Award 1.Review of “BearWise” Grant awarded amount. 2.Staff to provide recommendations for award disbursement when bear- resistant carts have been tested at 100% success rate. 3.FWC Grant Awarded of $45,000 with a 10% County match of $5,000. Total available funds = $50,000. 5.B.2 Packet Pg. 97 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : Questions 5.B.2 Packet Pg. 98 Attachment: Bear-Resistant Roll Cart Pilot Study-Ordinance-Grant Presentation [Revision 2] (6705 : 5.B.3 Packet Pg. 99 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 5.B.3 Packet Pg. 100 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 5.B.3 Packet Pg. 101 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 5.B.3 Packet Pg. 102 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 5.B.3 Packet Pg. 103 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update) 5.B.3 Packet Pg. 104 Attachment: BearWise Draft Ordinance- Final (6705 : "BearWise" Roll Cart Pilot Study/ Draft Ordinance/ FWC Grant Update)