HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERSThursday, November 01, 2018

5:30 PM600 S. Commerce Ave. Sebring, FL 33870

AGENDA

(Please turn off pagers and cell phones

1 MEETING CALLED TO ORDER

2 INVOCATION:

3 PLEDGE OF ALLEGIANCE

4 Solid Waste Contract Workshop 4.A Workshop discussion in reference to the performance of Waste Connections and the

Franchise Contract for Solid Waste and Recyclable Materials Collection.Clinton E. Howerton Jr., P.E. , County Engineer No Fiscal Impact. This workshop is for discussion and direction only. 2018-October evaluation of solid waste options GCH with flyer.pdf

5 Solid Waste Program Discussion 5.A Presentation of the Bear Proof Garbage Cart Program in Highlands County.

W. Kyle Green, Road and Bridge DirectorClinton E. Howerton Jr., P.E. , County Engineer No Fiscal Impact. This item is for discussion and direction only. ApplicationForBear-ResistantCartFillable.pdfMap of Approved Highlands Communities for bear carts.pdfResident Protocol for purchase of bear proof carts.pdf

5.B Workshop discussion in reference to recycling options within the Cities of Avon Parkand Sebring and the Town of Lake Placid. Clinton E. Howerton Jr., P.E. , County Engineer No Fiscal Impact. This item is for discussion and direction only.

6 Public Imput

7 ADJOURN Any person who might wish to appeal any decision made by the Board of County Commissioners of Highlands County, Florida, inpublic hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensurethat a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to bebased. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual'sdisability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to,participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for inthe Americans with Disabilities Act or Section 286.26 Florida Statutes should contact Ms. Pam Rogers, ADA Coordinator at:863-402-6509 (Voice), or via Florida Relay Service 711, or by e-mail: progers@hcbcc.org. Requests for CART or interpreter

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services should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITEADDRESS: For more information on the meeting, see the County Commission page online: www.hcbcc.net

Any invocation that may be offered before the official start of the Commission meeting shall bethe voluntary offering of a private citizen, to and for the benefit of the Commission. The views orbeliefs expressed by the invocation speaker have not been previously reviewed or approved bythe Commission, and the Commission is not allowed by law to endorse the religious beliefs orviews of this, or any other speaker.

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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM

DATE OF ACTION REQUEST: Nov 1, 2018 5:30 PM

PRESENTER: Clinton E. Howerton Jr., P.E. , County Engineer

SUBJECT/TITLE: Workshop discussion in reference to the performance of Waste Connections andthe Franchise Contract for Solid Waste and Recyclable Materials Collection.

STATEMENT OF ISSUE

On June 15, 2016, Highlands County entered into the Franchise Contract for Solid Waste and Recyclable MaterialsCollection and Construction, Operation, and Transfer of a Recyclables Transfer Facility and and Operations Facilitycontract with Waste Connections Inc. (formerly Progressive Waste Solutions of Florida, Inc., a Delaware Corporation).Since this contract has been placed into service the County has received complaints from residents and commercialcustomers about the performance of the contractor for solid waste and recycling collection. The intent of this Workshopis to publicly discuss various concerns and if necessary, provide direction and recommendations to Waste Connectionsto better serve the public.

RECOMMENDED ACTION

Move to open floor for Board discussion of contract compliance of the contractor, Waste Connections Inc.with respect to the Franchise Contract for Solid Waste and Recyclable Materials Collection andConstruction, Operation, and Transfer of a Recyclables Transfer Facility and and Operations Facility.

FISCAL IMPACT

No Fiscal Impact. This workshop is for discussion and direction only.

Attachments: 2018-October evaluation of solid waste options GCH with flyer.pdf

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HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS

ENGINEERING DEPARTMENT

505 S. Commerce Ave., Sebring, Florida 33870-3869 Fax (863) 402-6548

Phone (863) 402-6877 www.hcbcc.net

October 11, 2018

Randy Vosburg County Administrator Highlands County Board of County Commissioners

Dear Mr. Vosburg:

In response to the recent request for discussion of the policies and performance of the County’s solid waste contractor, Waste Connections, I offer to you a further explanation and recommendations for each of the issues indicated in your letter to Waste connections dated September 11, 2018.

Item #1 – Contract Compliance

The contractor, Waste Connections, has met with County staff on several occasions and have been successful in complying with most sections of the Franchise Contract for Solid Waste and Recyclable Materials Collection and Construction, Operation, and Transfer of a Recyclables Transfer Facility and an Operations Facility signed and dated by the BOCC on June 1, 2016 (hereafter referred to as “Contract”). Since the last contract specific meeting with Waste Connections staff on November 1, 2017, only a few items remain pending. These items include:

a. Construction of the operations and office facility (Sec 4.2.2.2) (in progress, see Item#5 below)

b. Provide asbuilts and certifications of cost of the transfer facility (Sec 4.1.3.4) (inprogress, awaiting certifications from engineer)

c. Provide GPS data from collection routing (Sec 31.6) (in progress, technical delays dueto lack of reliable cellular coverage and technology upgrades needed)

At this time, the contractor is substantially compliant with the contract and staff will continue to monitor the contractor and complaints from residents.

The Contract provides for the collection of solid waste and recycling from each residential unit located within the unincorporated areas of Highlands County. The City of Avon Park, City of Sebring, and Town of Lake Placid have their own solid waste collection program. None of the three municipalities currently offer recycling collection options. In an effort to comply with the State of Florida Statue 403.706 which requires local governments to reach a goal of 75% of the waste stream to be recycled by 2020, Highlands County entered the contract mentioned above to provide curbside recycling service. Currently the contractor services 37,591 residential units and provides commercial waste collection service for all commercial properties in unincorporated Highlands County. Waste Connections also serves over 800 commercial customers throughout the county with various frequency of collection services. In FY 2017/2018 approximately 152,997 tons of solid waste was collected at the solid waste facility, a vast majority of this being collected by Waste Connections. Additionally, 5,267 tons of recycling was collected by Waste Connections.

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Item #2 – Commercial Accounts (dumpster condition and pickup schedule)

As stated in their response, Waste Connections has been working diligently on repairing and replacing commercial dumpsters that were in need of repair. In most cases any dumpster complaints received at our office have been resolved with repaired or new dumpsters. Additionally, Waste Connections has advised that they have arranged to have additional trucks as backup in the event of mechanical failure of their regular equipment.

Currently, the commercial account collection seems to be running on schedule and no significant changes are necessary.

Item #3 – Recycling Options (including options for reducing service and/or use of community drop off bins)

Options of changing the recycling collection frequency or collection options have been explored by staff and Waste Connections. One such option is discussed in Item #7 below, to reduce the frequency of collection. It is not felt that implementation of this option will result in any significant savings to Highlands County but will result in a reduction of service and complication of collection schedules.

The option of using the collection bins as was previously practiced has also been explored. These bins required residents to store recycling material and bring them to the bins for collection. Since changing from this type of system to curbside collection, our recycling rates have increased approximately 100%. The community bins do not discourage contamination of the recycling and are a frequent source of litter and dumping. Sites would have to be selected to best serve the residents while minimizing the detrimental impacts to the communities they are located in. Based on the County’s experience with maintaining these sites, it is not likely this will reflect in any significant cost reduction but will likely result in a reduction of material collection and significant labor increase for collection site maintenance.

When the County operated recycling program was active, we had 15 public collection sites utilizing 75 bins plus paper bins provided by a private contractor. Additional bins were located at various commercial locations throughout the County. The County had costs of maintaining the recycling facility on Skipper Road which included the buildings, office, bailer, trucks, equipment and scales. The annual operation budget for this type of service was $766,831.00 in FY 15-16 with minimal return for material expected now. Worth noting is that the facility was damaged during last year’s storm and would require substantial repairs and improvements prior to being placed back in service. The bailer would also need to be replaced at an estimated cost of approximately $100,000. The trucks, bins, scales, and many other components were at the end of service life when the program was ended and would need to be replaced as well. If this program is considered as an option to provide services to residents who are not provided curbside recycling services (those who are located within the municipalities), the cost should not be taken from the currently structured solid waste assessment fees since the contributors to the assessment currently have recycling service; alternate funding sources should be considered.

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Item #4 – Age of Waste Connections Equipment

Waste Connections has provided information that the average age of their collection truck fleet is 4.3 years old. They have 14 ASL (automated side loading) trucks that are approximately two years old and were purchased new for use in this area. Many of these new vehicles experienced mechanical malfunctions in the first year of service. The rear loading trucks are older but have not had many issues with reliability. The front-loading trucks used for commercial dumpster routes are also older vehicles and have been the trucks that have caused concern most recently. As per #2 above, additional backup equipment has been identified in their fleet and they will continue to address the needs for additional or replacement vehicles.

Item #5 – Building/Office construction at the landfill

Waste Connections is currently moving forward with construction of this project at the Highlands County Solid Waste Facility. The project will be located on property owned by Highlands County. There were concerns with the original planned location of the project and the plans have since been revised to move the site to avoid being placed near the natural gas pipeline and to avoid drainage concerns from the existing ditch. This also addressed some access concerns County staff had with alternate site locations. Currently the project is moving forward.

Item #6 – Ideas for when landfill is closed due to inclement weather

County staff and Waste Connections staff have met to discuss options for these situations. The issue occurs when Highlands County is required to close the landfill due mostly to dangerous lightning in the area. The current policy is to close the facility when cloud to ground lightning is detected within 10 miles of the facility. This is done as a precautionary measure to protect our staff as well as our customer’s safety. Also at risk from lightning is our equipment and scales which use sensitive electronics to measure vehicles weights coming in and out of the facility for tracking and billing. Since the scales are so sensitive, they are venerable to surges of static electricity in the air. Loss of the scales can have a significant effect on the landfill operations and monitoring therefore precautionary measures are taken to protect them.

With requirement to turn off the scales and calling all personnel down from the landfill mound during lightning events, there are no options to allow any vehicles bringing in solid waste or recycling into the facility.

Options such as a transfer station/holding facility were discussed but were dismissed due to the cost to construct, cost to maintain and operate, permitting requirements, and as important, the fact that use of this transfer station would place the users at risk of the same hazardous weather conditions. The only option where this would work would require an alternate site in a different area for holding the waste but this would incur significant transportation and operation costs yet would not guarantee the remote facility would not also face the same restrictions on use due to weather.

Waste Connections was asked and have complied with the requests to provide daily updates if the schedules are experiencing any delays. These updates have then been passed along to our Public Information Officer (PIO) for posting to public media.

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Currently County and Waste Connections staff are continuing to research alternate options to reduce the impact of frequent closures during the summer storm season. One possible small solution would be to add additional trucks to the fleet to use as backup in event of mechanical failure which could also be used as backup if other trucks are full and not able to empty due to landfill closure.

Below is a chart summarizing by month and year for the last 6 years the number of landfill closures due to weather:

Number of Landfill Shut-Downs per Year 2018 2017 2016 2015 2014 2013

January 1 1 February 1 1

March 1 1 1 April 5 2 3 4 4 May 13 7 7 4 11 3 June 17 21 10 4 9 15 July 25 28 12 15 19 18

August 15 12 21 12 11 11 September 18 4 12 4 19 13

October 5 3 1 1 November 1 2 December 1

Totals: 93 80 67 47 77 65

Item #7 – Collection Alternatives (2x per week garbage collection or other recycling options)

The current contract requires residential collection and recycling collection once per week on a scheduled day of Monday through Friday. These routes are currently performed using seven (7) side loading trucks collecting solid waste, five (5) side loading trucks collecting recycling, and three (3) rear loading trucks collecting yard waste or bulk waste (15 trucks total). These fifteen (15) trucks and crews are required to collect 1/5, or 20% of the County’s 37,591 residential unitseach day (+-7600/day). A request for costs to modify the contract has not officially been answeredbut I will provide my estimates below:

A program to collect garbage twice per week would require a collection schedule of Monday/Thursday and Tuesday/Friday. This will require that for the garbage collection that at least 50% of the customers must be serviced each collection day (+-19,000/day). An increase from 20% to 50% will require approximately a 250% increase in equipment and staff. Recycling would also have to increase if collected on the same day as solid waste or in any different increment other than the current 20%/day. The current contracted price with CPI adjustments is $9.784 per residential unit per month, or $117.408 annually. An increase of 250% would increase that cost to $293.52 per house annually. If the estimated other costs included in the $173.00 assessment remained the same, the annual assessment would be increased to approximately $349.12 annually per house. It may be possible to negotiate a slightly more favorable price 7

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increase than 250% by keeping the recycling collection to 1 time per week, but even doubling the current contract cost would increase the annual assessment to near $300 per house.

Reducing recycling collection to 1 time every 2 weeks is not recommended because it will likely result in a significant reduction of use and would be difficult for residents to remember which week is their recycling pickup. To keep it consistent with the solid waste collection if changed to 2x/week (same day) it would also require additional vehicles and greatly complicate the scheduling with residents.

Staff’s recommendation is to stay with the current negotiated contract and to continue to work with Waste Connections to increase the service reliability and routing to ensure consistent and reliable service of all our residents with no increase in cost.

Item #8 – Education component of the contract

Waste Connections has provided a copy of a draft recycling educational flyer intended to be used in areas where significant amounts of recycling contamination are being experienced. These flyers and handouts will also be made available via websites, newspapers, to home owner associations, mobile home parks, public meetings, and schools as an education outreach. The goal of the flyer would be to keep fresh in people’s minds what types of material can and cannot be recycled and discourage abuse of the recycling program. The flyer is recommended to be made available in both English and Spanish to reach a broader audience. See attached draft flyer.

For additional consideration, other options have also been discussed with Waste Connections to improve levels of service to our residents. One such option is the use of grapple trucks to collect yard waste. This would improve the level of service by removing the need to bundle the yard waste for collection. The estimated price to add this to the contract is $0.555 per house, or $253,080 per year for 38,000 homes. Another option to help with level of service would be to help offset costs of extra carts for residents having problems with the capacity of a single cart.

Sincerely,

Clinton Howerton, Jr. P.E. County Engineer

cc Robert Diefendorf – Project Manager – Solid Waste Joy Carmichael – County Attorney Tasha Morgan – Assistant County Administrator

G:\chowerton\Solid Waste\2018-October evaluation of solid waste options GCH.docx

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What Can Be Recycled?

Acceptable Materials

Cardboard (Flattened)

Junk Mail Office paper

Phone books File folders Magazines Newspaper & Inserts, etc.

Plastic bottles and containers

Aluminum, tin & steel cans

Catalogs 13

Material

ALLOWED PROHIBITED Glass NO GLASS ALLOWED ALL GLASS PROHIBITED

Aluminum Cans Soda/Soft Drink and Beer Cans

Large Scrap Aluminum, Aluminum Foil, Foil Trays

Steel Cans Soup Cans; Vegetable Cans; Coffee Cans; Etc.

Scrap Metal; Lawnmower Blades; Car Parts; Propane

Tanks; Pressurized Containers

Milk Jugs, Water Jugs Milk Jugs; Water Jugs - Detergent Bottles Detergent and Bleach Bottles -

Soda Bottles Soda/Soft Drink, Water, Juice Bottles, Etc.

Glass Bottles

#3-7 Plastic Containers

Food Trays and Containers; Ketchup, Mustard, Jelly,

Peanut Butter, Syrup Bottles; Cool Whip Tubs Etc.

Waxed Coated Food Containers, Plastic Bags, Electronics, Shrink Wrap

Paper Products

ALLOWED PROHIBITED Newspaper Newspaper and Inserts - Magazines All Types (no Phone Books) Phone Books; Metal or Thick

Binders Junk Mail Paper Mail Including

Windowed Envelopes Thick Envelopes with Bubble

Wrap or Metal Clasps Office Paper Typical Office Paper;

Shredded Paper (if contained in a sealed paper bag)

No Metal Binders or Plastic Sleeves

Cardboard Corrugated Boxes and Paper Board Such as Cereal,

Cracker, Cake Mix, Pasta, And Soda Boxes; Paper Towel Rolls; Brown Paper Bags

Any Material with Food, Grease, Or Wax on Them;

Packing Peanuts; Styrofoam, Bubble Wrap; (Pizza Boxes with Food or Grease Is Not

Usable)

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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM

DATE OF ACTION REQUEST: Nov 1, 2018 5:30 PM

PRESENTER: W. Kyle Green, Road and Bridge DirectorClinton E. Howerton Jr., P.E. , County Engineer

SUBJECT/TITLE: Presentation of the Bear Proof Garbage Cart Program in Highlands County.

STATEMENT OF ISSUE

Earlier this year the Florida Fish and Wildlife Conservation Commission (FWC) awarded Highlands County theequivalent of $57,770.00 in State-appropriated BearWise funding to assist in reducing human-bear conflicts. FWCagreed to reimburse Highlands County up to $48,000.00 for the purchase of approximately 200 +/- bear resistant trashcarts. FWC also provided Highlands County with 37 other bear resistant carts from a previous grant, valued at$9,770.00. All of the Bear resistant carts have been delivered to the Road and Bridge office on George Blvd. A numberof the carts were tested by Waste Connections (WC) and appear to be fully compatible with WC trucks.

Currently the County’s estimated cost to administer the program and provide public outreach is approximately$7,500.00 and resident payments for the carts is estimated at $17,775.00 ($75.00 per can), for a total cost share of$25,349.00 to match the $57,770 in BearWise funds. This calculates to a 30% cost share on this $83,119.00 project.

The original intent of the Program is to sell the carts to residents for a cost of $75.00 with the funds being generatedgoing back into the Program to purchase additional Bear resistant cans, until all funds are depleted.

Staff is here today to answer any questions and to also ask the Board if there are any other options the Board may bewilling to consider before the program is administered to the public.

RECOMMENDED ACTION

Provide direction to staff if any alternate procedures are requested.

FISCAL IMPACT

No Fiscal Impact. This item is for discussion and direction only.

Attachments: ApplicationForBear-ResistantCartFillable.pdfMap of Approved Highlands Communities for bear carts.pdfResident Protocol for purchase of bear proof carts.pdf

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APPLICATION FOR BEAR-RESISTANT ROLL CART2018 GRANT PROGRAM

CUSTOMER INFORMATION(Please Print Legibly)

Applicant Name Address Where Cart Will Be Located (Number and Street)

Mailing Address, Number and Street (if Different From Above)

City, Zip Code Home Phone Number Cell Phone Number Email Address Frequency of Bear Sightings

I, the undersigned, agree that Highlands County does not provide any warranty, or guarantee of replacement or repair, of bear-resistant roll carts.

I agree to use the roll cart in accordance with applicable county ordinances and regulations, and realize that it is bear resistant, but not guaranteed to be bear proof.

I agree that any personal injury or damage to property due to the use of the roll cart is not the responsibility of Highlands County.

The roll cart is owned by Highlands County and licensed for use at the address provided above. I agree that the roll cart has been assigned to the address above and must remain at that address in the event I move to another residence. I understand that the fee I have paid for the service upgrade is non-refundable.

BY SIGNING THIS APPLICATION, I ACCEPT SOLE RESPONSIBILITY FOR THE USE OF THE BEAR-RESISTANT ROLL CART.

Signature: Date:

Bear-resistant roll carts will be supplied to Highlands County Solid Waste customers, outside of City Limits, in a bear populated area on a first-come, first-served basis with full payment. Supplies are limited and based on grant funding. Upon receipt and approval of this completed application, an invoice for $75.00 plus $5.63 sales tax will be generated and mailed to the address provided above. You will have 30 days to make full payment. After the payment is received, you will be contacted to schedule the bear-resistant roll cart delivery.

MAIL COMPLETED APPLICATION TO: Bear-Resistant Roll Cart Program

Highlands County Solid Waste c/o Highlands County Engineering Department

505 S Commerce Avenue Sebring, FL 33870

FOR HIGHLANDS COUNTY USE ONLY Received by: Date:

Approved by: Date:

Payment Received by:

Date:

Delivered by: Cart No.:

Date:

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BEAR PROOF CARTS (Protocol for resident purchasing) $75.00 plus tax

1. Resident must register a bear complaint with the Florida Fish and Wildlife Conservation Commission at 863-648-3200 (during business hours) and 888-404-3922 (after hours).

2. Resident obtains an application for a bear proof cart from the Engineering Department located at 505 S. Commerce Avenue, Sebring 33870 OR from the County website www.hcbcc.net/departments/solid_waste and select Application for Bear-Resistant Cart.

3. Staff will email completed application to Natural Resources (NR). NR will verify that the delivery address meets the qualifications for a bear proof cart based on an FWC created map of Highlands County showing high bear complaint areas and FWC contacts working in the bear group to make decisions.

4. NR will send a reply (yes or no) and will input the serial number of the cart to be used on the application form.

5. An invoice for $75.00 plus $5.63 sales tax totaling $80.63 will be mailed to the address provided on the application form. The Resident will have thirty (30) days to make full payment in cash, check or credit card at the Engineering Department.

6. Once payment has been received and the transaction has been completed by staff the resident will be notified that they can pick up the cart at the Road and Bridge Department on George Blvd (NR will need to be available for this option).

7. If the customer would like the cart delivered, NR will deliver the cart within two (2) business days from purchase.

Cart details • Only one size bear proof cart – 95 gallons. • Rehrig Pacific cart weighs – 45 pounds (empty). • Do not overfill the cart as the lid must latch for it to be bear proof. • Cart stays with the house/address it was purchased for. If the resident moves, they should

leave the cart. • All carts sold must have the yellow sticker with the black bear logo. This signifies to the

driver that this cart is okay to pick up. • If a customer calls reporting a faulty cart or more likely faulty lid within 5-years of

purchase, the County will replace the cart. • If damage is done to the cart by the resident, the resident will be responsible. • If the cart is stolen, the resident will be responsible. • When placing the cart for trash pickup, follow the same rules as with regular carts.

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HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM

DATE OF ACTION REQUEST: Nov 1, 2018 5:30 PM

PRESENTER: Clinton E. Howerton Jr., P.E. , County Engineer

SUBJECT/TITLE: Workshop discussion in reference to recycling options within the Cities of AvonPark and Sebring and the Town of Lake Placid.

STATEMENT OF ISSUE

On June 15, 2016, Highlands County entered into the Franchise Contract for Solid Waste and Recyclable MaterialsCollection with Waste Connections Inc. (formerly Progressive Waste Solutions of Florida, Inc., a DelawareCorporation). This contract provides for the collection and processing of residential recycling materials from theunincorporated areas of Highlands County. The residents located within the three local municipalities do not haveoptions to recycle.

We have been asked to assist in getting the cities and town together to see what can be done to offer recycling optionsto residents within the municipalities, more specifically a roll off service.

RECOMMENDED ACTION

Move to open the floor for Board discussion with staff and representatives of the municipalities regardingmunicipal recycling options.

FISCAL IMPACT

No Fiscal Impact. This item is for discussion and direction only.

Attachments:

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