Item B1 B.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 12, 2022
Agenda Item Number: B.1
Agenda Item Summary #11038
BULK ITEM: No DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
5:05
AGENDA ITEM WORDING: A Public Hearing to consider approval of a Resolution establishing
the final per month Sold Waste Collection Service Rates for Commercial Property in the various
Sold Waste Collection Franchisee Areas, for Fiscal Year 2023. Approval to continue Public Hearing
to allow for publication of the "revise/corrected" 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 final published rates will be
adjusted by the CPI of 5% (corrected from 4%to 5%) and the "extra ordinary" rate increase of
$4.06/ton granted by the Board under the Haul-Out/Disposal Agreement with WM.
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 which
cannot exceed 5%per the Franchise Agreements. 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, but those tentative rates were adjusted as necessary to correct the CPI rate to 5%
and to include the "extra ordinary" rate increase under the Haul-Out Agreement.
In accordance with Sec. 21-74, Monroe County Code, this Public Hearing was initially schedule at
the August meeting to be "held in conjunction with the sold waste non-ad valorem assessments",
however due to the 20-day notice publication requirement under this same code section, and the rates
needing to be corrected for the publication, the Public Hearing needs to be continued to September
21, to allow for the newspaper notice advertisement to run for 20 days prior to Public Hearing and
for the corrected/revised rates to be published in the Newspapers. (see Section 21-74, Monroe
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B.1
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 commercial rates to be uniform and for staff to
implement uniform commercial rates among the Franchisee. The Board approved Amendments to
the Franchise Agreement implementing uniform rates at its June 16, 2021, BOCC meeting.
The Board approved Resolution 147-2022 adopting the tentative 2022-2023 Commercial Collection,
Disposal and Recycling Rates at the May 18, 2022, BOCC meeting.
The Board continued a PH for adoption of the final rates at the August 17, 2022, meeting.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval to Continue
DOCUMENTATION:
Ordinance for Commercial Rates 8.26.22
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:
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B.1
Cheryl Sullivan Completed 08/26/2022 3:34 PM
Christine Limbert Completed 08/29/2022 12:37 PM
Purchasing Completed 08/29/2022 12:48 PM
Budget and Finance Completed 08/29/2022 1:31 PM
Maria Slavik Skipped 08/29/2022 12:38 PM
Lindsey Ballard Completed 09/07/2022 10:20 AM
Board of County Commissioners Pending 09/12/2022 5:05 PM
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8/3/22,5:09 PM Monroe County, FL Code of Ordinances
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
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exempted by the provisions of this article. All improved property shall be subject to the imposition of the
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solid waste assessment for such services as may be established in the rate resolution. a
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(1) Residential collection service. E
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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
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residential collection service provided or made available. E
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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.
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c. Any owner that either denies a collector access to his property by prohibiting the use of a s
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
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his property to the nearest county-approved road for collection in accordance with the CL
provisions of this article, unless exempted under this article.
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(2) Commercial and governmental collection service.
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a. The owners and occupants of commercial property, businesses that operate within the
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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 r
commercial property or business is located to provide commercial and governmental
collection service. A business that has obtained a home occupation special use permit CL
pursuant to section 134-2 of the Monroe County Code shall be exempt from the
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requirement of this subparagraph. Go
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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
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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
ad adjustment to the commercial rates with the proposed rates or a h erlink to U
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the proposed rates, shall be published at least 20 days in advance of the hearing in
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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
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8/3/22,5:09 PM Monroe County, FL Code of Ordinances
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. >_
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(Code 1979, § 8-84; Ord. No. 33-1989, § 9; Ord. No. 25-1992, § 1; Ord. No. 019-2010, §§ 2, 3 ; Ord. No. 017-
2021 , § 1)
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