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Item 8CAGENDA ITEM # 8C MAY 27, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Yard Waste Requirements Information SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: May 20, 2008 BACKGROUND: At the May 12th City Commission meeting, Commissioner Fletcher requested Staff review the requirements for containerized yard waste to be stored and not placed at the curb prior to 6:00 PM the night before collection day. This requirement was added at Commission request last year because of the desire to improve the appearance of City streets. Treating containerized yard waste the same as household garbage was included with the change to single day pick up for all waste streams (garbage, yard waste and recycling) so that there would be significantly less clutter /debris on non-collection days. During research for this report, Staff discovered that an administrative error with the repromulgation of Chapter 16. Since at least 1995, the Solid Waste Ordinance (Chapter 16, City Code) contained the following requirement for household garbage: Sec. 16-3. Garbage and trash containers. (b) Set out and storage. ..... Garbage containers shall be set out no earlier than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage no later than 12:00 midnight on the day of collection. Prior to last June's rewrite of Chapter 16, a similar requirement for yard waste did not exist in Code, but was added at the request of the City Commission. At first reading at the March 12th 2007 Commission meeting, the under line and strike through version of the new Solid Waste Ordinance included the following requirement: Sec. 16-3. Garbage and trash containers. (b) Set out and storage.... Garbage and Yazd waste containers shall be set out no eazlier than 6:00 p.m. the day prior to collection and shall be returned to their regulaz place of storage no later than 12:00 midnight on the day of collection. Yazd waste such as leaves or grass clippings shall be set out in a Yazd waste receptacle. Bulk (uncontainerizedl yard waste such as tree limbs or palm fronds may be set out when generated. When the final ordinance was presented for second reading the underlined phrase "and yard waste" and the final sentences were missing from Section 16- 3. Because there is no discussion of this change in the Commission meeting minutes, this phrase was deleted by error. Comparison of the underline strike through version and the final ordinance revealed several other minor May 26, 2008 Regular Meeting AGENDA ITEM # 8C MAY 27, 2008 discrepancies (see Attachment 2). BUDGET: No budget impact, for information only. Garbage, yard waste and recyclable collection is funded from account 420-4201-534-3401 (Pick-up and Haul Contract). RECOMMENDATION: Staff recommends the Commission approve the changes indicated in Attachment 2 as Scrivener's corrections to the adopted ordinance. ATTACHMENTS: 1. Sanitation Ordinance Staff Report -March 12th 2007 Commission Meeting 2. Underline correction version of Ordinance (excerpt for Scrivener's errors only) REVIEWED BY CITY MANAGER: May 26, 2008 Regular Meeting AGENDA ITEM # 8C MAY 27, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: An Ordinance repealing in its entirety Chapter 16, Solid Waste And Recycling, of the Municipal Code of Ordinances of the City of Atlantic Beach, Florida; establishing a new Chapter 16 and establishing an effective date. SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 2, 2007 BACKGROUND: In conjunction with the new Sanitation Contract with Waste Services of Florida, Inc., staff has prepared an ordinance repealing the existing Solid Waste And Recycling ordinance and approving a new Chapter 16 to codify the changes in sanitation procedures taking effect with the new contract. Major changes are summarized below: 1. Mandates use of toters for residential garbage collection to support semi-automated collection; 2. Promulgates rate changes required to fund the new Sanitation contract (Residential rates increase from $13.60 to $17.10 per month, commercial rate increases from between $3.98 and $6.46 per cubic yard to $5.37 and $6.46 per cubic yard; 3. Provides a new mechanism to regulate collection of commercial recycling and construction and demolition debris by requiring Franchise Permits to operate within the city; 4. Allows commercial customers who do not have food or other odor causing waste to go to once per week pickup; 5. Restricts set out of containerized yard waste to the night before pickup as is done with garbage. RECOMMENDATION: Approve on first reading Chapter 16 Solid Waste and Recycling. BUDGET: Sanitation operations are funded through Enterprise Fund 420-4201-534. Ordinance No. 20-07-83, approved on first reading at the February 26~' Commission meeting, provides additional funding for Sanitation Rate increases contained in the new contract. Revenues from effective date (June 1, 2007) to the end of the fiscal year are estimated to $96,000. ATTACHMENTS: 1) Proposed Ordinance No. 55-07-31 2) Existing Chapter 16, Solid Waste and Recycling REVIEWED BY CITY MANAGER: May 26, 2008 Regular Meeting AGENDA ITEM # 8C MAY 27.2008 (d) Dumpsters required. All Commercial units, other than Commercial Hand pickup, and Multi-family Residential units shall be required to have a commercial dumpster for disposal of garbage and trash. It shall be the duty of the Public Works Director to determine the size dumpster required. Dumpsters shall not be filled past the maximum fill line. In cases where a commercial or multi-family unit is routinely overfilling the dumpster, the Public Works Director may direct an increase in either frequency of collection or container size. Appeals of his decisions may be made to the City Manager. The Public Works Director will approve requests from Commercial and Multi-family Residential units for mechanical compacting dumpsters. Rates for these services will be set by Ordinance. Dumpster enclosures meeting design standards provided by the Public Works Director are required for all new or redeveloped commercial and multi-family residential units. Owners and residents with dumpsters aze required to keep installed gates closed at all times except when necessary for access. Sec. 16-4A. Alternate disposal of rec cly able items Any person may donate or sell their own recyclable items referred to herein to an_y person. paztnerslun or corporation, whether operating for profit or not for profit Sec. 16-5 Hazardous or Electronic Waste. The City holds twice-yeazly hazazdous waste collection events at City Hall, which include collection of electronic waste (e-waste). Otherwise, Duval County residents may recycle electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675 Commonwealth Ave. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m. The facility is closed on Sunday and Monday. For more information, call 3$7-8847. AGENDA ITEM # 8C MAY 27, 2008 CHAPTER 16 SOLID WASTE AND RECYCLING (Excerpts with corrections only) AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 16, SOLID WASTE AND RECYCLING, OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING A NEW CHAPTER 16 AND ESTABLISHING AN EFFECTIVE DATE. Sec. 16-1. Definitions. Yard waste receptacle shall mean every receptacle equal to those specified above as residential and commercial solid waste, rubbish or refuse ~ containers or plastic bags having a capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain their contents while being lifted and handled during collection. Sec. 16-3. Gazbage and trash containers. (b) Set out and storage. No person shall place a container or yazd waste in front of a residential unit in which he does not reside. Nor shall containers or yazd waste be placed in a city park or right of way adjoining a pazk or in a road median. Gazbage containers set out for gazbage collection shall be placed at the curb of the street from which garbage service is rendered except as otherwise provided herein. Garbage and vazd waste containers shall be set out no eazlier than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage no later than 12:00 midnight on the day of collection. Yazd waste such as leaves or s clippings shall be set out in a yard waste receptacle. Bulk (uncontainerized) yazd waste such as tree limbs or palm fronds magy be set out when generated. Gazbage container blinds, which are in architectural harmony with the building, or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public right of way or public property. Tf garbage is stored underground or behind a garbage container blind that is not located at the curb, the gazbage container must be moved to the curb for pickup. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the franchisee for placement of containers for gazbage service shall apply to the Public Works Director or his designee, who shall thereupon determine the location at which gazbage containers shall be placed. Garbage containers located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yazds shall also apply to reaz yards. (c) Inspection and approval. Only toters supplied by the City or the City's Franchisee may be used for household garbage. 74I1-eels Receptacles used for yard trash shall be subject to inspection and approval or condemnation by the Public Works Director Appeals of his decisions may be made to the City Manager.