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Item R03 R3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: R3 2023-2482 BULK ITEM: No DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan Yes Public Hearing AGENDA ITEM WORDING: Public Hearing to consider adoption of an ordinance amending Chapter 21 of the Monroe County Code to redefine certain terms to align with our Solid Waste Agreements, Outlining the Solid Waste Services covered un the Solid Waste and Recycling Collection Franchise Agreements; Providing container and receptacle requirements; providing rules and requirements for Garbage, Recycling, Yard Waste and Bulk Waste pick-up; providing for severability; providing for incorporation into the Monroe County Code of Ordinance and Providing for an Effective Date. IT IS ANTICIPATED THAT THIS PUBLIC HEARING WILL BE CONTINUED TO THE AUGUST MEETING AS THE SOLID WASTE FRANCHISE AGREEMENTS HAVE NOT YET BEEN FINALIZED. ITEM BACKGROUND: This item seeks approval to consider adoption of an Ordinance amending Chapter 21 of the Monroe County Code to redefine certain terms to align with our Solid Waste Agreements, Outlining the Solid Waste Services covered un the Solid Waste and Recycling Collection Franchise Agreements; Providing container and receptacle requirements;providing rules and requirements for Garbage, Recycling, Yard Waste and Bulk Waste pick-up;providing for severability;providing for incorporation into the Monroe County Code of Ordinance and Providing for an Effective Date. The County's Solid Waste Department & Director have been in negotiations with the Solid Waste and Recycling Collection Franchisees. As a result of those negotiations, the County intends to enter into an amendment and extension of the Solid Waste and Recycling Collection Franchise Agreement which will revise certain definitions,provide upgrades and changes to the collection services. The upgrades and changes to services include but are not limited to providing solid waste customers/county residents that pay the solid waste special assessment with one (1) 96-gallon tote which will be the exclusive collection method for garbage collection(except for the Ocean Reef Service Area which has opted not to implement the 96-gallon tote into their collection services), revising the "bulk waste" definition to specify appropriate bulk pickup items and specifying the pick-up services included in the solid waste special assessment, and changing the yard waste collection method to be by 32-gallon cans only rather than in bundles and limiting the yard waste collection to ten (10) 32-gallon cans per week. 5074 In order for the uniform implementation of the changes to these collection services, the Monroe County Code will be revised to align with the amended provisions to the Solid Waste and Recycling Franchise Agreement. §125.01(l)(k) and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ordinance revising solid waste provisions 2024 DRAFT docx Business Impact Estimate FINANCIAL IMPACT: 5075 ORDINANCE NO. —2024 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE CHAPTER 21 SOLID WASTE, SECTION 21-46,DEFINITIONS, TO REDEFINE CERTAIN TERMS TO ALIGN TO OUR SOLID WASTE AGREEMENTS; OUTLINING SOLID WASTE SERVICES COVERED UNDER THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENTS; PROVIDING CONTAINER AND RECEPTACLE REQUIREMENTS; PROVIDING RULES AND REQUIREMENTS FOR GARBAGE, RECYCLING, YARD WASTE AND BULK WASTE PICK-UP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL , OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPOPRATION INTO TIE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING FOB AN EFFECTIVE DATE. WHEREAS,the County's Solid Waste Department& Director have been in negotiations with the Solid Waste and Recycling Collection Franchisees; and WHEREAS, as a result of those negotiations, the County intends to enter into an amendment and extension of the Solid Waste and;Recycling Collection Franchise Agreement which will revise certain definitions,provide upgrades and changes to the collection services; and WHEREAS,the upgrades and changes to services include but are not limited to providing solid waste customers/county residents that pay the solid'waste special assessment with one (1) 96- gallon tote which will be the exclusive collection method for garbage collection, revising the "bulk waste" definition to specify appropriate bulk pickup items and specifying the pick-up services included in the solid waste special assessment, and changing the yard waste collection method to be by 32-gallon cans only rather than in bundles and limiting the yard waste collection to ten (10) 32-gallon cans per week; and WHEREAS, in order for the uniform implementation of the changes to these collection services, the Monroe County Code will be revised to align with the amended provisions to the Solid Waste and Recycling Franchise Agreement; and WHEREAS, §125.01(1)(k) and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Page 1 of 6 5076 SECTION 1: Section 21-46 shall be amended to revise the term Garbage receptable, and Solid Waste, to read as follows and to add the term Garbage cart/tote to read as follows: (Note: Deletion of language is noted in ske �hr-ettgh text and addition of language is noted in underlined text) Garbage Cart/Tote shall mean rigid, covered 96-gallon wheeled cart to be used for the collection of residential garbage only. Receptacle means any commonly available light gauge steel,plastic or galvanized receptacle of a nonabsorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle. A receptacle also includes a heavy-duty, securely tied,plastic bag designed for use as a g-afbage receptacle. Any receptacle made from plastic drums with rope handles, or slots cut into the sides for handles, is not an acceptable receptacle.Any receptacle containing waste materials shall not exceed.32 gallons in capacity or 50 pounds in weight, unless a contractor implements an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the collector's equipment. Solid waste means both domestic solid waste and special solid waste, as defined as follows: (1) Domestic solid waste means bulk wastes garbage, horticultural trash and rubbish, as defined as follows. a. Bulk(or Bulky,) Trash/waste means auy waste that requires additional management due to its weight and shall include;but not be limited to, any non- vegetative item that cannot be containerized or bundled, including, but not limited to, inoperative and discarded refrigerators, ovens/ranges, clothes washer and dryer,microwaves, TV's, and other-similar domestic apliances, household goods, furniture, rugs and only carpeting that is properly cut and bundled. Carpetin_will,be picked up by the Franchisee if cut to lengths of six (6) feet or less, but no more than 6 bundles of carpet for one pickup is permitted, and bundled items must be generated from the property of a Dwelling Unit. "Home Improvement items,or materials, which include, but are not limited to, cabinets, drywall lumber, toilets, bathtubs, water heaters,paneling, doors, windows, ac units, and other such construction-related materials, are not considered bulk trash. "Bulky trash or waste" does not include large items such as car bodies, camper shells, mobile homes, trailers,Jacuzzi tubs or spas, boat hulls or boat motors or other marine or automotive parts, exercise equipment such as treadmills, ellipticals, or bicycles, and any other items that cannot be safely lifted and collected by one person. In addition, bulk waste does not include any hazardous or special waste as well as any other item or items that in the future maybe land banned by regulation and ever-size het4ietil a'l tea . b. Garbage means animal, fruit and vegetable waste, either along with or in combination with other putrescible matter resulting from the handling, storage, sale,preparation, cooking, serving,processing, slaughter, manufacture or Page 2 of 6 5077 consumption of animal, fruit or vegetable matter, that is subject to decomposition or decay, and any container of such material. c. Horticultural trash/yard waste means an accumulation of lawn grass or shrubbery cuttings, leaf clippings and dry leaf rakings,palm fronds, small tree branches, bushes or shrubs, green leaf cuttings, or other matter usually created as refuse in the care of lawns and yards, not exceeding six feet in length and six inches in diameter and contained in a 32-gallon receptable. Horticultural trash/vard waste in excess of ten (10) 32-gallon receptables per week shall be considered excess yard waste. d. Rubbish means refuse accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweepings, and all other accumulations of a nature other than garbage that are usual to housekeeping and to the operation of stores, offices and other business places; also any bottles cans or other containers not containing garbage. SECTION 2: Section 21-74 shall be amended to read as follows: Sec. 21-74. Responsibility of property owners and businesses; Requirements for bulk and excess yard waste pickup. The owners and occupants of improved property and businesses that operate within the county shall use the collection services provided by the collector for the service area where such property is located, unless exempted by the provisions of this article. All improved property shall be subject to the imposition of the solid waste assessment for such services as may be established in the rate resolution. (1) Residential collection service. a. The owner of residential property shall pay to the county the solid waste assessment imposed on such residential property for the benefits received by such property for the residential collection service provided or made available. b. The owner shall provide garbage receptacles adequate to contain all domestic solid waste generated from their residential property in accordance with the provisions herein, except that one (1) 96-gallon garbage cart/tote will be provided to each residential property for each solid waste assessment paid. The Ocean Reef Service Area which operates collection service within their private community prefers to opt out of utilizing _a 96-gallon 96-gallon tote. Except for the Ocean Reef Area, the 96-gallon tote is the only permissible method of garbage collection. Additional 96-gallon totes may be obtained from the Franchisee at a fee as agreed upon by the County in accordance with the County's agreement with the Franchisee. c. Receptacles, except for the 96-gallon tote may not exceed 50 pounds unless the receptacles can be mechanically dumped. It shall be unlawful for a property owner or customer to fail to provide or obtain sufficient receptacles to contain all garbage between collections, except for bulk waste and excess Yard waste/horticultural trash that meets the requirements as set forth in section 21-74. Page 3 of 6 5078 d. Yard Waste/horticultural trash shall be contained in a 32-gallon receptable. Yard Waste/horticultural trash will be collected by the County's franchisee once per week and shall not be bundled and shall not exceed in ten (10) 32-_ag lion receptable once per week. Yard Waste/horticultural trash that exceeds ten (10) 32- gallon receptables per week shall be considered excess yard waste/horticultural trash and can be scheduled for pick-up by the County's franchisee at an additional fee in an amount of the cost of collection and disposal imposed by the County's franchisee. e. d-Any owner that either denies a collector access to his property by prohibiting the use of a private road or that resides on a road that is inadequate for use by a collector's vehicle, as determined by the county, shall be required to transport all solid waste generated from his property to the nearest county-approved road for collection in accordance with the provisions of this article, unless exempted under this article. (2) Requirements° or bulk(bu&) Trash/waste and excess yard waste/horticultural trash pickup. a. Bulk (Bulky) Trash/waste as defined in section 21-46 and excess yard waste will be collected by the County's franchise hauler on a scheduled basis and will not require containerization if the requirements set forth in the following subsections are met. Customer must arrange to schedule aick-up with the County's franchisee. The County's franchisee will collect four(4)bulk waste pick-up of 2.5 cubic yards per fiscal year(October 1- September 30).at no additional fee. Bulk waste pick-up in excess of four(4)pick-ups of 2.5 cubic yards per fiscal year or anypick:�jp in excess of 2.5 cubic yards will be subject to a fee for pick-up in an amount of the cost of collection and disposal imposed by the County's franchisee. Payment shall be made directly to the County's franchisee. b. Excess yard waste/horticultural,waste,that cannot be contained in ten (10) 32- gallon receptable for regular yardwaste pick up once per week, may be set out on the County's right-of-way_ for scheduled pickup with the County's franchisee. The property owner or customer shall make arrangements directly with the County's franchisee for excess yard Waste pickup. Any yard waste that can fit in a 32- gallon receptacle must be containerized and must not exceed 50 pounds. Excess yard waste pickup is subject to a fee in the amount of the cost of collection and disposal imposed by the County's franchisee. Payment shall be made directly to the County's franchisee. c. Nothing in this section shall be construed to prohibit nonfranchised licensed haulers from hauling excess yard waste or C & D. (2) Commercial and governmental collection service. a. The owners and occupants of commercial property, businesses that operate within the county and governmental property that generates solid waste regardless of use, within the county shall enter into an agreement with a collector for the service area where such commercial property or business is located to provide Page 4 of 6 5079 commercial and governmental collection service. A business that has obtained a home occupation special use permit pursuant to section 134-2 of the Monroe County Code shall be exempt from the requirement of this subparagraph. b. The board shall adopt the commercial and governmental rates charged the owner and occupants of commercial and governmental property at a public hearing to be held in conjunction with the public hearing on solid waste non-ad valorem assessments described in F.S. § 197.3632(4)(b). Notice of the public hearing on commercial and governmental rates, stating the place and time of the hearing and the proposed percentage adjustment to the commercial rates with the proposed rates or a hyperlink to the proposed rates, shall be published at least 20 days in advance of the hearing in quarter-page advertisement in a newspaper of general circulation in the county in a section of the paper not reserved for classified advertising. In the event the board decides to use F_S. § 197.3632(6), and no public hearing is held on solid waste non-ad valorem assessments, the board shall still hold a public hearing to adopt the commercial and governmental collection rates on or before September 30 of each year, noticed according to the preceding method. Nothing in this section shall preclude the board from also imposing a solid waste non-ad valorem assessment against commercial property. SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, moperaxive,or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances: SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of , 2024. Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Page 5 of 6 5080 Michelle Lincoln, District 2 David Rice, District 4 (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: As Deputy Clerk Mayor Holly Merrill Raschein Page 6 of 6 5081 �,*�_t4'w BUSINESS IMPACT ESTIMATE' Meeting Date: July 17,2024 Proposed Ordinance Title/Reference: An Ordinance Amending Chapter 21 Solid Waste of Monroe County Code,and Section 21-46 Definitions to redefine certain terms to align to the County's Solid Waste Agreements; to outline services covered under the Agreements; providing receptable and container requirements; and providing rules and requirements for garbage,recycling,yard waste and bulk waste pick-up. The Proposed Ordinance® does ❑ does not fall under one of the followinu enumerated exceptions:! ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue sources necessary to fund the budget; ❑x The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement;or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. Summary of Proposed Ordinance and Statement of Public Purpose to be Served: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE CHAPTER 21 SOLID WASTE,SECTION 21-46,DEFINITIONS,TO REDEFINE CERTAIN TERMS TO ALIGN TO OUR SOLID WASTE AGREEMENTS; OUTLINING SOLID WASTE SERVICES COVERED UNDER THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENTS; PROVIDING CONTAINER AND RECEPTACLE REQUIREMENTS; PROVIDING RULES AND REQUIREMENTS FOR GARBAGE,RECYCLING,YARD WASTE AND BULK WASTE PICK-UP. THIS ORDINANCE AMENDMENT WILL PROVIDE FOR A UNIFORM RECEPTACLE AND COLLECTION PROCESS WHICH WILL SUPPORT A FAIR AND CONSISTANT PROCEDURE FOR RESIDENTIAL COLLECTION AND FRANCHISEE COLLECTION. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: N/A b. New Charges/Fees on Businesses Impacted:N/A C. Estimate of Regulatory Costs:N/A Good Faith Estimate of Number of Businesses Likely Impacted:ORDIANCE CHANGE ONLY EFFECTS RESIDENTIAL UNITS OF WHICH THERE ARE APPROXIMATELY 33,600. Anv Additional Information: Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published. 2 F.S.125.66(3)(c)(2023) 5082