Agenda 09/24/2019 Item #16C 5 (Advertise Amending Ord 2005-54: Bear Wise Program)09/24/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) authorize the County Attorney
to advertise an ordinance amending Ordinance No. 2005-54, as amended, which established
Mandatory Solid Waste Collection, by adding provisions related to the BearWise Program.
OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to the Solid Waste
Mandatory Collection Ordinance No. 2005-54, as amended, codified in Chapter 118, Article IV of the
Code of Laws and Ordinance (“Ordinance”), by adding new definitions, and enacting voluntary options
for use of bear-resistant containers, and requiring commercial and residential customers to secure solid
waste.
CONSIDERATIONS: On June 12, 2018, Agenda Item No. 5B, the Board heard a presentation from the
Florida Fish and Wildlife Conservation (FWC) Commission on the status of Florida Black Bear
population and methods to mitigate human-bear conflict. On September 25, 2018, Agenda Item No. 5B,
the Board was information regarding the County adopted BearWise initiatives and overview of a draft
ordinance for the use of bear-resistant solid waste containers.
Accordingly, as directed by the Board, the Solid and Hazardous Waste Management (SHWM) Staff is
presenting a proposed amended ordinance language and requesting permission to advertise. The intent of
this ordinance is to formalize definitions regarding bear-resistant containers and enact voluntary use of
bear-resistant containers. Customers shall have the option of utilizing County approved Bear-Resistance
containers, if available. Furthermore, the draft language requires commercial and residential customers to
secure solid waste until collection set-out time when using a non-Bear-resistant container.
The proposed modifications are as follows:
Section One of the Ordinance, Definitions, Codified as Section 118-86 of the Code of Laws and
Ordinances:
• Adds a definition with specifications for a residential Curbside Bear-Resistant Solid Waste
Container.
• Adds a definition with specifications for a Commercial Bear-Resistant Solid Waste Container.
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-104 of the Code of Laws and Ordinances,
Subsection C, 2, 4, 13, and 15- Residential Real Property
• Adds language that a Curbside Bear-Resistant Container can be utilized to secure household
garbage from bear intrusion.
• Adds language that Recyclable material shall be free of food residue to avoid attracting bears.
• Adds “Curbside Bear-Resistant Solid Waste Container” to the language concerning overfill
violations.
• Adds “Curbside Bear-Resistant Solid Waste Container” to the language regarding loss or
customer negligence replacement.
16.C.5
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09/24/2019
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-86 of the Code of Laws and Ordinances:
Subsection E, 5- Commercial Real Property
• Adds language regarding Commercial Real Property customers that requires customers to secure
containers, if a non-bear-resistant solid waste container is utilized.
Section Nineteen of the Ordinance, Responsibilities of Contractor and Customer for Solid Waste
Collection, Codified as Section 118-104 of the Code of Laws and Ordinances:
• Adds Section H, 1 - Special Events with specific requirements if food is generated to secure the
containers, if a non-bear-resistance solid waste container is utilized.
If Board directed, the ordinance amendment will be advertised and brought back to the next available
Board meeting for adoption.
FISCAL IMPACT: The cost to advertise the ordinance is approximately $500 and will be paid from
Fund 473.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this item.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board approval. - JAB
RECOMMENDATION: To authorize the County Attorney to advertise an ordinance that amends
Ordinance No. 2005-54, as amended, codified as Chapter 118, Article IV in the Code of Laws and
Ordinances, which established the Solid Waste Mandatory Collection, by adding provisions related to the
Bear Wise Program.
Prepared By: Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management Division
ATTACHMENT(S)
1. Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (PPTX)
2. Bear Ordinance CAO Stamped 9.12.19 (PDF)
16.C.5
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09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 9938
Item Summary: Recommendation that the Board of County Commissioners (Board) authorize the
County Attorney to advertise an ordinance amending Ordinance No. 2005-54, as amended, which
established Mandatory Solid Waste Collection, by adding provisions related to the BearWise Program.
Meeting Date: 09/24/2019
Prepared by:
Title: – Solid and Hazardous Waste
Name: Taylor Sawatzky
08/23/2019 5:32 PM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
08/23/2019 5:32 PM
Approved By:
Review:
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 08/26/2019 3:32 PM
Public Utilities Department Drew Cody Additional Reviewer Completed 08/27/2019 4:45 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/30/2019 4:36 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 09/04/2019 10:03 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/04/2019 1:07 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/04/2019 3:09 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 12:59 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/10/2019 6:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2019 2:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/14/2019 12:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.C.5
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BEAR WISE ORDINANCE
AMENDMENT
PUBLIC UTILITIES
DEPARTMENT
SOLID & HAZARDOUS
WA STE MANAGEMENT
DIVISION
SEPTEMBER 24, 2019
AGENDA ITEM
16.C.5.a
Packet Pg. 1359 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
OBJECTIVE
To advertise an ordinance amending the County ’s Solid Waste Mandatory Collection
ordinance that incorporates language related to the “BearWise” program:
ØCustomers to voluntarily purchase a bear-resistant container at their own cost,
ØDefines bear-resistant containers,
ØRequires bear deterrent practices (i.e. securing containers)
Ø Establishes guidelines for the use of bear resistance containers for commercial properties
and special outdoor events that produce food waste.
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16.C.5.a
Packet Pg. 1360 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
HISTORY
September 25,2018,Agenda Item No.5B the Board heard a presentation on the countywide BearWise initiative
and was provided with an overview of a draft ordinance fo r the use of bear-resistant solid waste containers.
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16.C.5.a
Packet Pg. 1361 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
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BEARWISE ORDINANCE BENCHMARKS
Seminole Lake Orange Santa Rosa
City of
Apopka
(Orange)
City of Fort
Wa lton Beach Collier
OWNERSHIP RESIDENT COUNTY COUNTY NA RESIDENT NA RESIDENT
STAT E GRANT RECEIVED YES YES YES YES YES YES YES
WA RRANTY YES YES YES YES YES NA VENDOR
SUBSIZED CART COST TO CUSTOMER $125 EACH $40 EACH $50 EACH $5/MONTH $250 EACH NA TBD*
CART INVENTORY 4,500 1,500 1,000 100 420 NA 214
PROGRAM PARTICIPAT ION VOLUNTARY VOLUNTARY VOLUNTARY VOLUNTARY VOLUNTARY NA VOLUNTARY
POPULATION 467,832 346,017 1.38 MIL 179,349 53,489 19,632 372,345
*TBD: Residential bear-resistant carts are available for market price with County approval
16.C.5.a
Packet Pg. 1362 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
ORDINANCE LANGUAGE
1.Commercial Real Property producing food waste that do not use Bear-Resistance Containers will be required to secure containers until scheduled collection times.
2.Commercial Real Property that elect to use a Bear-Resistance Containers will be responsible for all cost associated with the use of a Commercial Bear-Resistant Solid Waste Container (in accordance with Rate Resolution).
3.Commercial Bear-Resistant Solid Waste Containers shall remain closed and secured except when loading or unloading the container.
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1.Residential Customers shall have the option of using a County-approved, Curbside Bear-Resistant Solid Waste Container.
2.Customers that elect to utilize a Bear--Resistant container shall be responsible for the purchase of the Bear-Resistant Container (Market Price).
3.All Solid Waste Containers including Bear-Resistant Containers shall be closed and secured until placed curbside for collection.
16.C.5.a
Packet Pg. 1363 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
ORDINANCE LANGUAGE
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Pe rson seeking a permit for a Special Event in
Collier County that (l)is occurring outside and
(2)will produce any food waste,shall secure
containers at all times except when loading
and unloading.Special events customer have
the option of using a Bear-Resistant container
and shall be responsible for all cost associated
with the use of a Commercial Bear-Resistant
Solid Wa ste Container and any additional
service fe e if imposed by the Contractor.
16.C.5.a
Packet Pg. 1364 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
RECO MMENDAT ION
That the Board of County Commissioners allows the amended
ordinance as presented for advertisement.
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16.C.5.a
Packet Pg. 1365 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
Questions
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16.C.5.a
Packet Pg. 1366 Attachment: Bear Wise Amended Ordinance Presentation- BCC Meeting 9-24 r1 (9938 : Bear Wise
16.C.5.bPacket Pg. 1367Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)
16.C.5.bPacket Pg. 1368Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)
16.C.5.bPacket Pg. 1369Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)
16.C.5.bPacket Pg. 1370Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)
16.C.5.bPacket Pg. 1371Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)
16.C.5.bPacket Pg. 1372Attachment: Bear Ordinance CAO Stamped 9.12.19 (9938 : Bear Wise Ordinance)