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Item R16 R.16 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: R.16 Agenda Item Summary #10982 BULK ITEM: No DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536 1:00 pm AGENDA ITEM WORDING: A Public Hearing to consider approval of a Resolution establishing the final per month Solid Waste Collection Service Rates for Commercial Property in the various Solid Waste Collection Franchisee Areas, for Fiscal Year 2023. Approval to continue Public Hearing to allow for publication of the final Commercial Rates in the newspaper 20 days in advance of the hearing in accordance with Monroe County Code, Sec. 21-74 ITEM BACKGROUND: The County's four Franchise Agreements allows for an annual Consumer Price Index (CPI) adjustment to the commercial collection rates. The CPI is 4%. The Commercial, Collection, Disposal and Recycling Rates were initially established in the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement between Monroe County and Waste Management of Florida, Inc. (WM), Marathon Garbage Services, Inc. (MGS), Keys Sanitary Services (KSS) and Ocean Reef Club, Inc. (Ocean Reef). Each year, as per the Agreement, the commercial and recycling rates are adjusted by the Consumer Price Index. The County and WM, MGS and KSS entered into Amendment 2 to the Franchise Agreement to implement uniform commercial rates at the BOCC regular meeting held on June 16, 2021. The County adopted Resolution No. 147- 2022 adopting the tentative rates at the May 18, 2022, BOCC meeting. In accordance with Sec. 21-74, Monroe County Code, this Public Hearing is being set to be "held in conjunction with the solid waste non-ad valorem assessments", but due to the 20-day notice publication requirement under this same code section, the Public Hearing needs to be continued to September to allow for the newspaper notice advertisement to run for 20-days. (see Section 21-74, Monroe County Code attached for reference) PREVIOUS RELEVANT BOCC ACTION: The Board approved the Amended and Restated Solid Waste and Recycling Collection Franchise Agreements between WM, MGS, KSS, on May 21, 2014 and Ocean Reef on August 20, 2014. The BOCC at its April 21, 2021 meeting directed for the Packet Pg. 3814 R.16 commercial rates to be uniform and for staff to implement uniform commercial rates among the Franchisee. The Board approved Resolution 172-2021 adopting the tentative 2021-2022 Commercial Collection, Disposal and Recycling Rates at the May 19, 2021 BOCC meeting. The Board approved Amendments to the Franchise Agreements implementing uniform rates at its June 16, 2021. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Signed Tentative Commercial Rates Resolution 147-2022 Section 21-74 Monroe County, FL Code of Ordinances FINANCIAL IMPACT: Effective Date: October 1, 2022 Expiration Date: September 30, 2023 Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: N/A Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N/A REVIEWED BY: Cheryl Sullivan Completed 08/03/2022 4:39 PM Christine Limbert Completed 08/03/2022 5:16 PM Purchasing Completed 08/03/2022 6:21 PM Budget and Finance Completed 08/03/2022 6:22 PM Maria Slavik Skipped 08/03/2022 5:17 PM Lindsey Ballard Completed 08/04/2022 8:51 AM Packet Pg. 3815 R.16 Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 3816 R.16.a RESOLUTION NO. 147 -2022 21 A RESOLUTION ESTABLISHING THE TENTATIVE PER 0 MONTH SOLID WASTE COLLECTION, DISPOSAL„ AND RECYCLING SERVICE RATES FOR COMMERCIAL PROP- ERTY IN THE VARIOUS SOLID, WASTE COLLECTION E FRANCHISE AREAS FOR FISCAL YEAR 2022123. U) BE IT RESOLVED BY THE BOAR© OF COUNTY COMMISSIONERS OF MONROE COUNTY„ FLORIDA as follows, 0 76 Section 1, Pursuant to the solid waste collection agreements entered into between the County as Franchisor CL the solid waste collectors as Franchisees, the solid waste service rates for commercial property, as defined CL in Sec. 21.46, Monroe County Code„ are hereby adjusted in each district, on a per month basis as folllows: U) a 0 Franchise Area's 1, 2, 3, 4 Waste Management, Marathon Garbage, Keys Sanitary, Ocean Reef 2022/23 a) CAN PICKUP RATE. SCHEDULE Collection Increase 4% Disposal Increase 4% c, Number of Pickups Per"41y'eek No, of Rate cans" Element 2 3 4 5 6 N N N 2 COLLECTION 23.78 35.53 47.36 59.26 71,08 DISPOSAL 28.66 42.9 57,24 71.59 85.9 RECYCLING" 0 0 0 0 0 TOTAL 52.44 78.43 104.6 130.85 156.98 0 U) 3 COLLECTION 35.53 53.21 71.08 88.8 106,69 DISPOSAL 42.9 64.37 85.91 107,38 128,85 RECYCLING** 0 0 0 0 0 TOTAL 78A3 117,58 156,918 196.18 235�54 4 COLLECTION 47.36 71.018 94.82 118.51 142.28 !DISPOSAL 57.24 85,9 1115,01 143.78 172.5 E 0 RECYCLING** 0 0 0 0 0 U TOTAL 104.E 156,98 209,83 262,29 314,78 5 COLLECTION 59.26 88.8 118.51 148.05 210.13 DISPOSAL 71.59 107,38 143.78 178.92 214.71 RECYCLING** 01 0 0 0 0 TOTAL 130.85 196,18 262.29 326.97 424.84 6 COLLECTION 71,08 106.69 142,28 210113 206.58 DISPOSAL 85.9 128.85 172.5 214.71 249.72 RECYCLING** 0 0 0 0 0 TOTAL 156.98 235,54 314,78 424.84 456.3 *Based on 32 gallon cans Packet Pg. 3817 0 Franchise Area's 1,2 3, 4 E L_ Waste Management, Marathon Garbage, Keys Sanitary, Ocean Reef 2022-23 4- b) CONTAINERIZED PICKUP RATE SCHEDULE 0 U) Number of Pickups Per Week Container Rate 4- 0 Size Element 1 2 3 4 5 6 7 0 1 COLLECTION 58.85 98,91 139.61 177,67 216.54 25534 571.56 0. DISPOSAL 44-114 90.6 135.91 181.21 226.52 271.82 317A4 RECYCLING' 0 0 0 0 0 0 0 U) TOTAL 102.99 189,51 275,52 358,88 443.06 527.56 888.7 C 0 U 2 COLLECTION 98.91 175,75 252-94 329,87 404.13 478.26 552.43 0 DISPOSAL 90.6 181.21 271.82 362A1 453.02 543,66 634,23 0 RECYCLING' 0 0 0 0 0 0 0 TOTAL 189.51 35&96 524,76 692,28 857,15 1021,92 1186.66 .2 .0 3 COLLECTION 139.61 252.94 367,15 4782 589A7 700.77 811,88 DlSPOSAL 135.911 271.82 407,72 54165 679.517 815A7 951.3,8 RECYCLING° 0 0 0 0 0 0 0 CN CN Q TOTAL 275.52 524,76 774.87 1021,85 1269.04 1516.24 176126 C14 4 COLLECTION 177,67 329,87 478,2 626.65 663,33 923.21 1 071.65 .2 DISPOSAL 181.21 362.41 543.65 724,86 906.08 108729 1268,51 RECYCLING' 0 0 0 0 0 0 0 0 U) TOTAL 358.88 692.28 1021,85 1351,51 1569.41 2010.5 2340A6 U) 6 COLLECTION 255.7,4 478.26 700.77 923.211 1145,71 13682 1590.65 M DISPOSAL 271.82 543.66 81 5A7 1087,29 1359,1 1626.68 1902.77 w RECYCLING' 0 0 0 0 0 0 0 TOTAL 527.56 1,021.92 1516.24 2010.5 2504.81 2994,8,8 349142 E E 8 COLLECTION 329,87 626.65 923.21 12191.95 1516,62 1775,914 2066.39 0 U DISPOSAL 362.41 724.86 11087.29 1449.74 1812.19 2174.61 2537.04 0 RECYCLING' 0 0: 0 0 0 0 0 TOTAL 692.28 1351,51 2010.5 26%69 3328.81 39501,55 4603,43 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of$6.84 per cubic yard and a processing fee of$1.09 per cubic yard; there is no disposal fee for recycling services. Monthly charges will depend on the specific level of service, E Section 2. The collection service rates established herein are additional to the disposal rates levied as non-ad valorem assessments,against commercial property pursuant to Sec. 21.96, et seq., Monroe County Codle, and Section 197,3632, Fla, Stat. Packet Pg. 3818 R.16.a PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a meeting of E said Board held on the 18th day of May,A.D.,2022. 0 4— Mayor David Rice, District 4 Yes 0 Mayor Pro Tem Craig Cates, District 1 Yes Commr. Michelle Coldiron, District 2 Yes Commr. James K. Scholl, District 3 Yes o Commr. Holly Merrill Raschein, District 5 Yes > 0 CL CL BOARD OF COUNTY COMMISSIONERS ` a 23 OF MONROE COUNTY, FLORIDA 4 BY SP+ •� Mayor/C irman ' CQ`hrY IH iNt� n� Attest: KEVIN MADOK, CLERK 2 MONROE COUNTY ATTORNEY CL n(n'�//�1 nPPR�yD AS TO FO ARYt�� CN As putt'Cle CHRISTINELIMBERT-BARROWS cN ASSISTANT COUNTY ATTORNEY DATE: 5/3/22 N , 0 C i U) - E E 0 U 4i E Packet Pg. 3819 8/3/22,5:09 PM Monroe County, FL Code of Ordinances R.16.b Sec. 21-74. - Responsibility of property owners and businesses. 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 E 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. 0 (1) Residential collection service. E L_ 0 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 U) 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. 0 CL CL C. 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 U) 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 CD provisions of this article, unless exempted under this article. as (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 as the county shall enter into an agreement with a collector for the service area where such commercial property or business is located to provide commercial and governmental E 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 0 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 0 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 e percentage adjustment to the commercial rates with the proposed rates or a hyperlink to r_ the proposed rates, shall be published at least 20 days in advance of the hearing in as 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 ( E 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 Packet Pg. 3820 8/3/22,5:09 PM Monroe County, FL Code of Ordinances R.16.b 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. (Code 1979, § 8-84; Ord. No. 33-1989, § 9; Ord. No. 25-1992, § 1; Ord. No. 019-2010, §§ 2, 3 ; Ord. No. 017- 0 2021 , § 1) 0 L_ 0 0 U) 4- 0 0 CL CL U) a 0 U 0 2 U) c� 4- 0 0 U 0 U 0 0 0 c� c� E c� Packet Pg. 3821