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Communications & Legislations Committee

Regular Meeting

Northbrook, IL · May 21, 2013

AgendaMinutes

Minutes

Approved MINUTES OF A MEETING OF THE COMMUNICATIONS & LEGISLATION COMMITTEE BOARD OF TRUSTEES VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS May 21, 2013 Call to Order Chair & Trustee Ciesla called the meeting to order in the Terrace Room of the Village Hall at 6:45 p.m. Present: Trustees Ciesla, Heller, Israel. Also present: Trustees Buehler, Scolaro, Village Manager R. Nahrstadt, Assistant Village Manager, P. Kiraly; Assistant to the Village Manager, K. Maltas; Village Attorney S. Weiss, Village Clerk, D. Ford; & Recorder, G. Cerabona. Chair & Trustee Ciesla asked if anyone wanted to speak about non-agenda items; no one came forward. Hear from the Audience There was no hear from the audience. Discussion: Franchise Agreement for Collection & Disposal of Solid Waste, Landscape Waste, & Recyclable Materials Chair & Trustee Ciesla asked the presenters to introduce themselves. Presenters included: Robert F. Pfister, Region Municipal Marketing Manager, Advanced Disposal & John Gerger, District Manager/Carl Niemann, P.E., Director/Michael Brink, Municipal Marketing Manager/Vanessa Weber, Customer Service with Waste Management. Chair & Trustee Ciesla turned the meeting over to Village Manager, R. Nahrstadt who stated an RFP was sent out. Five proposals were received, and Staff narrowed them down to two – Advanced Disposal & Waste Management. Key factors are value, cost to residents, customer service, disruption to residents (rerouting, etc.), and environmental considerations. Chair Ciesla asked that each firm present to the Committee for approximately 5 minutes. The presentations commenced, starting with Advanced Disposal. Advanced Disposal Handouts were distributed Transition Plan o Communication Plan  Detailed timeline  Draft was explained  Will be developed with Staff o Community Outreach  Residents (changes, pricing, cart sizes, options, delivery timeline)  Six components Survey card Brochure On-line survey (service levels, cart size, customer service) May 21, 2013[Type text] Communications & Legislations Committee 2 Web page (change of service announcement) Newspaper articles Placing carts in strategic locations in the Village Programs o Simulated training, safety Customer Service o Advanced Disposal manages the contract (not the Village) o Third-party company trains service reps  Weekly silent shopper audits  Manages resident needs  Four reps located in Northbrook o Village of Northbrook  Will input Northbrook standards for Customer Service into the contract Questions were asked: What is the age of fleet? Presenter responded – 5-7 years, will be purchasing 8 new CNG trucks How many households do your reps manage? Presenter responded – 30,000 customers Regarding standards, will there be call times? Presenter responded – yes Regarding totes, is there a difference with recycling? Presenter responded – yes Regarding storms and schedule changes, how is the notification administered? Presenter responded – information will be posted on the web site as well as a recording on the phone line Regarding special events, will you continue to pick up? Presenter responded – yes Will routes change? Presenter responded – No, there will be no disruption to residents Will size of recycle bins change? Presenter responded – yes, if resident would like to, 65 and 95- gallon recycling bins are available (can change the size within a three-month period) Will there be a dedicated individual for Staff? Presenter responded – yes, there will be one individual. It was stated the Committee would like someone with authority to make decisions. Waste Management Background – based in Texas; office in Wheeling, facility in Grayslake. Have 20 million customers. Communities (that Waste Management currently services) o Deerfield o McHenry o Chicago (blue cart recycling) o Gary, IN o Munster, IN Communication Plan o Postcard to every resident  Highlights program options o Brochure o Press releases o Simultaneous phone call to residents o Flyers around town Community outreach o Village Hall meetings o Rotary Club o Chamber of Commerce Implementation & Delivery o Cart size to be determined between 7/15 & 8/2 (includes 35-gallon cart; good for seniors) May 21, 2013[Type text] Communications & Legislations Committee 3 o Cart delivery – last two weeks of August o Can exchange cart o Can upgrade or downgrade cart at no charge within a specified month Customer Service o Staff can communicate with truck driver (computers are in each truck) o Staff can track truck location (GPS on each truck) o If resident is delinquent, driver is advised, and waste can be picked up within 24 hours at no additional charge o Training (daily briefing) Safety and Fleet o Safety (camera in truck records drivers; background checks are given) o Will purchase two new CNG trucks to start this contract, potential for more o Facility in Wheeling will have ability to fuel 90 CNG (?) trucks by year-end Questions were asked: Would you use natural gas trucks? Presenter responded – yes How many customer service reps are there? Presenter responded – 97 agents in St. Louis & IL Will we have a dedicated agent? Presenter responded – yes Will you pick-up at events? Presenter responded – yes Age of current fleet? Presenter responded – Six years with 40 trucks (80 in total) For missed pick-ups, will that apply on holiday reschedule date? Presenter responded – yes Regarding the switch, will current routes be adopted? Presenter responded – WM would try to adhere to the current routes as much as possible What is amount of disruption? 24% (with a 5-day program); minimal (with a 4-day program) Regarding recyclables (size of cardboard), what are specifics? Presenter responded – 1-5 and 3x3 for cardboard. Trustee Heller discussed: Cost Customer service (more at Waste) 4-day vs. 5-day Transition Chair & Trustee Ciesla asked if anyone on the Committee was interested in exploring a 5-day collection program. Most members do not. Trustee Heller would like to consider it as it is a less expensive option from Waste Management, however, it was still more expensive than Advanced’s proposal. Trustees Israel & Scolaro stated customer service has been outstanding overall. Trustee Israel reminded of best value consideration. Chair & Trustee Ciesla summarized: Cost Customer Service 4-day schedule Environmental (natural gas trucks) Chair & Trustee Ciesla made a suggestion for both firm to return to this Committee (after the holiday, by noon on Tuesday) with revised proposals and/or information on: o The number of homes handled by customer service reps o Call response times/standards May 21, 2013[Type text] Communications & Legislations Committee 4 o The name and phone number of the person who will be the Village’s direct contact o The number of vehicles that will be CNG for the start of the contract o Age of remaining fleet o Revised pricing o Any other environmental factors of note Chair & Trustee Ciesla asked Trustees to be present at the next meeting on 5/29 at 6:45 p.m. Adjourn Trustee Israel motioned, seconded by Trustee Heller, to adjourn the meeting at 7:30 p.m. On a voice vote, the motion was approved. Respectfully submitted, /s/ Gale Cerabona Recorder

Agenda

COMMUNICATIONS & LEGISLATION COMMITTEE NORTHBROOK VILLAGE HALL, 1225 CEDAR LANE MAY 21, 2013, 6:30 P.M., TERRACE ROOM The Communications & Legislation Committee of the Village of Northbrook Board of Trustees will hold a meeting on Tuesday, May 21, 2013 at 6:30 p.m. in the Terrace Room of the Village Hall, 1225 Cedar Lane, Northbrook, Illinois. The following will be discussed. MEETING AGENDA 1. CALL TO ORDER 2. HEAR FROM THE AUDIENCE 3. DISCUSSION: Franchise Agreement for Collection & Disposal of Solid Waste, Landscape Waste, and Recyclable Materials. 4. ADJOURN Kathryn Ciesla, Chair Communications/Legislation Committee Members: Trustee Heller Trustee Israel Village of Northbrook Cook County, Illinois May 17, 2013 The Village of Northbrook is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of this meeting or the facilities, are requested to contact Greg Van Dahm or Debbie Ford (847- 664-4014 and 847-664-4013, respectively) promptly to allow the Village of Northbrook to make reasonable accommodations for those persons. Hearing impaired individuals may call the TDD number, 564-8645, for more information. MEMORANDUM GENERAL GOVERNMENT TO: RICHARD A. NAHRSTADT, VILLAGE MANAGER FROM: KENDAL E. MALTAS, ASSISTANT TO THE VILLAGE MANAGER DATE: MAY 17, 2013 SUBJECT: RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT BACKGROUND The Communications & Legislation Committee held a meeting on January 15, 2013, to discuss the Village’s soon-to-expire Franchise Agreement for the collection and disposal of residential solid waste, landscape waste, and recyclable materials. As the Committee may recall, Village staff brought a short- term extension of the current agreement to the Board at the October 9, 2012, Regular Board of Trustees meeting. The extension was approved and the agreement now runs through August 2013. Historically, the Village negotiated extensions to the existing franchise agreement rather than soliciting competitive bids for waste collection services. The Committee’s direction at that meeting was to utilize a competitive procurement process through the solicitation of a Request for Proposals (RFP) from service providers in order to test the competitive marketplace. In addition, at the January meeting, the Committee provided direction to staff on the service levels and changes to include in the RFP:  Base Level: Once-Per-Week Curbside Collection o Optional: Second Weekly Curbside Collection o Optional: Backdoor Collection (both once and twice-per-week)  Senior Discount  Hardship Program  One Bulk Item Per Week Collection  Cart Standardization (refuse and recycling) with a size choice for residents PROCESS The RFP was released on March 8, 2013 with a due date of April 12, 2013. Staff held a Pre Bid Conference on Wednesday, March 27. Addendum #1 to the RFP was released on April 1 and Addendum #2 was released on April 8. The Village received five (5) responses to the RFP. A committee consisting of five (5) staff members reviewed the proposals internally. The proposals were reviewed considering the following factors:  The price proposals for the various types of services and the professional support to be provided;  Work history for similar communities and a history of excellent customer service;  References on prior similar franchises; Page 1 RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT  Financial strength and resources;  Ability to obtain surety bonds from a company of a satisfactory financial rating and financial size;  Ability to obtain sufficient insurance coverage types and limits from a company of a satisfactory financial rating and financial size;  Ability to obtain appropriate licenses, permits and approvals;  Availability of necessary equipment and personnel (bidders strongly encouraged to use Compressed Natural Gas-powered fleet vehicles); and,  Failures to perform and defaults on prior contracts, and litigation involving prior contract. After review, the staff committee eliminated three (3) proposals from consideration. These proposals were removed from consideration based on factors such as (1) pricing; (2) concerns over the ability to manage the Northbrook contract; and (3) substantial changes requested to the Franchise Agreement. The remaining two (2) proposals are from Advanced Disposal (formerly Veolia; the Village’s current provider) and Waste Management. Staff submitted a Request for Additional Information to both firms; the proposals and responses to these requests were reviewed by Holland & Knight. Staff performed reference checks and also met with representatives of both Advanced and Waste Management to review how the new service levels and standardized carts would be implemented and communicated to the community. Likewise, customer service standards for each provider were discussed at length. Both Advanced Disposal and Waste Management will be in attendance at the May 21 Committee meeting to provide brief presentations. Their brief presentations will touch on their transition plans, communications plans and cost structure.  Advanced Disposal Advanced Disposal, formerly Veolia, is the Village’s current provider. They service surrounding communities including Highland Park and Wilmette. Their proposal maintains the current four (4) day collection schedule. Carts would be differentiated by different color lids, grey for recycling and green for refuse. o Customer Service: Their call center is located at the Northbrook transfer station on Shermer Road and has four (4) customer service representatives. Advanced informed staff that their phone system will be updated in June to allow for call recording and better tracking of customer comments/questions/complaints. This is an area where they will continue training and working to improve.  Waste Management The base proposal for Waste Management is a five (5)-day schedule which would require rerouting of the town. They also provided a four (4)-day alternate bid at a higher cost. Waste Management currently services several surrounding communities including Deerfield, Buffalo Grove, and Wheeling. Carts would be differentiated by different color lids, yellow for recycling and green for refuse. o Customer Service: The Waste Management call center currently has 95 customer service representatives and is located in Lombard. Each call is currently recorded. Trucks are equipped with computers so that they can receive comments/questions/complaints from the customer service representatives as they are received. Page 2 RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT Table 1 (below) breaks down the pricing proposals for both Advanced Disposal and Waste Management. Both haulers expressed no concerns with the proposed Hardship program or one bulk item per week collection. Table 1: Service Level Costs Per Month Advanced Waste Management Waste Management Service Level Current Disposal (5 Days) (4 Days) 1x Week Curb $19.25 $16.48 $17.05 $17.85 2x Week Curb $23.50 $21.53 $23.05 $23.85 1x Week Backdoor $24.40 $24.40 $24.05 $24.85 2x Week Backdoor $30.95 $30.95 $31.05 $31.85 Yard Waste Sticker $2.05 $1.95 $2.50 $2.50 Yard Waste $192.00 $192.00 $125.00 $125.00 Subscription Senior Discount NA 10% 10% 10% Table 2 (below) breaks down pricing from surrounding communities for the base level of service requested in the Village’s RFP, once-per-week curbside. Table 2: Once-Per-Week Curbside Collection, Price Comparison Community Hauler 1x Week Curb Contract Dates 1 Village of Deerfield Waste Management $16.28 4.1.11–3.31.16 2 Village of Buffalo Grove Waste Management $24.44 4.11-5.17 3 Village of Glenview Groot $16.36 7.1.10–6.30.18 City of Highland Park Advanced Disposal $25.15 9.1.10-12.31.15 $16.86 (35 gallon) Village of Lincolnshire Waste Management $18.28 (64 gallon) 1.1.12-12.31.16 $19.31 (93 gallon) Village of Riverwoods Lakeshore $28.00 2.12-? Village of Wilmette4 Advanced Disposal $21.63 4.1.10-3.31.17 Village of Wheeling5 Waste Management $20.60 6.1.09-5.31.14 1 Deerfield residents do not pay the entire cost of the service. The service is subsidized by property taxes. Waste Management charges the Village $16.28, but the resident pays $6.66. 2 Buffalo Grove is a SWANCC Member. The $24.44 includes a $5.65 fee for SWANCC. 3 Glenview is a SWANCC Member. The $16.36 includes a $6.05 fee for SWANCC. 4 Glenview is a SWANCC Member. Fee is included in $21.63. 5 Wheeling is a SWANCC Member. $1.35/month is assessed to resident water bill. Page 3 RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT DISCUSSION & DIRECTION It is important to note that with either hauler, Advanced Disposal or Waste Management, the Community will experience some change and possible disruption. With Advanced, while the route schedule would remain the same, there will be cart change-out and possible service level changes. With Waste Management, at least a portion of the town, if not all, would need to be rerouted to accommodate a five (5)- day collection schedule. With any change, it is important to provide community outreach and an effective communications plan. Both Advanced and Waste Management provided examples of strong communications plans from previous community change-overs and their willingness to work with the Village on outreach and implementation. Some questions for the Committee to consider:  Are the proposals as submitted acceptable to the Committee? Are they responsive to the Board’s direction from January?  Is a change from a 4-day to a 5-day collection schedule for the Village acceptable?  Are the implementation/communications plans noted by Advanced and Waste Management acceptable? Staff is looking for direction from the Communications and Legislation Committee to proceed with franchise agreement negotiations with one hauler. As the start date of the new agreement is September 1, 2013, staff would like to have the new franchise agreement on the agenda for approval at the June 11, 2013, Regular Board of Trustees meeting in order to provide ample time for communications and implementation. Staff will be present at the May 21, 2013 Committee meeting to answer any questions. Attachments:  Communications & Legislation Committee Meeting Packet, January 15, 2013. Page 4 RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT COMMUNICATIONS & LEGISLATION COMMITTEE NORTHBROOK VILLAGE HALL, 1225 CEDAR LANE JANUARY 15, 2013, 6:30 P.M., TERRACE ROOM The Communications & Legislation Committee of the Village of Northbrook Board of Trustees will hold a meeting on Tuesday, January 15, 2013 at 6:30 p.m. in the Terrace Room of the Village Hall, 1225 Cedar Lane, Northbrook, Illinois. The following will be discussed. MEETING AGENDA 1. CALL TO ORDER 2. HEAR FROM THE AUDIENCE 3. DISCUSSION: Residential Waste Franchise Agreement 4. ADJOURN Kathryn Ciesla, Chair Communications/Legislation Committee Please Note a “Light” Dinner will be served for Board Members and staff attending Members: Trustee Heller Trustee Israel Village of Northbrook Cook County, Illinois January 11, 2013 The Village of Northbrook is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of this meeting or the facilities, are requested to contact Greg Van Dahm or Debbie Ford (847- 664-4014 and 847-664-4013, respectively) promptly to allow the Village of Northbrook to make reasonable accommodations for those persons. Hearing impaired individuals may call the TDD number, 564-8645, for more information. MEMORANDUM GENERAL GOVERNMENT TO: RICHARD A. NAHRSTADT, VILLAGE MANAGER FROM: KENDAL E. MALTAS, ASSISTANT TO THE VILLAGE MANAGER DATE: JANUARY 11, 2013 SUBJECT: RESIDENTIAL REFUSE & RECYCLING FRANCHISE AGREEMENT BACKGROUND The current franchise agreement for residential refuse collection between the Village of Northbrook and Veolia Environmental Services (now Advanced Disposal Services)1 was entered into on March 1, 2006, and was set to expire at the end of 2012. As the Committee may recall, Village staff brought a short- term extension of this agreement to the Board at the October 9, 2012, regular Board of Trustees meeting. The extension was approved and the agreement now runs through August 2013. Pursuant to Chapter 21 of the Northbrook Municipal Code, the Village grants the franchisee an exclusive franchise to collect and dispose of solid waste, landscape waste, and a non-exclusive franchise to collect recyclable materials, from all residential dwellings2. The franchisee collects the refuse from the residential dwellings and delivers it to a waste transfer station. Waste transfer stations are facilities where solid waste is unloaded from collection vehicles, briefly held and then reloaded onto larger transport vehicles for shipment to landfills or other disposal facilities. Historically, the Village negotiated extensions to the existing franchise agreement rather than soliciting competitive bids for waste collection services. Negotiated agreements were deemed preferable by past Boards due to the satisfaction with the high level of service received from the incumbent hauler. The current service provider, under various names as the company has changed ownership, has been providing collection and disposal services for the Village for over forty-two (42) years. The hauler also has operated a transfer station in Northbrook on south Shermer Road and provided free service for community events as Northbrook was considered a host community. 1 Effective November 20, 2012, Veolia ES Solid Waste Midwest LLC was sold to Star Atlantic Waste Holdings. This change has no effect on the current franchise agreement with the Village of Northbrook as Star Atlantic Waste Holdings purchased the stock of Veolia ES Solid Waste Midwest LLC. 2 Residential dwelling means (a) any dwelling in the village containing only one (1) dwelling unit, situated on a separate subdivision lot or being a separate condominium unit with separate and individual collection of waste, and (b) any dwelling in the village containing two (2) or more dwelling units, each unit of which has separate and individual collection of waste. Page 1 While the Village continues to receive a commendable level of service from Advanced Disposal, given current economic conditions, Village staff recommends the Village solicit Request for Proposals (RFP) from qualified service providers in order to test the competitive marketplace. CURRENT SERVICE LEVELS Advanced Disposal Services (“Advanced”) currently provides four (4) levels of service for solid waste and recycling materials collection. All of the billing for collection and disposal is handled by Advanced; the Village has no responsibility in this process. Regular pick-up occurs over four (4) days (Monday, Tuesday, Thursday, Friday). The four levels, along with the current rate structure are highlighted in Table 1 below. Table 1: Service Level Options and Rates per month Service Level 2012 (through August 2013)3 Curbside Service (once per week) $19.25 Curbside Service (twice per week) $23.50 Backdoor Service (once per week) $24.40 Backdoor Service (twice per week) $30.95 Table 2, below, shows the number of residential units utilizing each level of service. Table 3, also below, shows historical waste quantities in tons. You will note that landscape collection was down considerably in 2012, which is directly related to the drought experienced in Northbrook over the summer months. Table 2: Service Level Numbers Service Level Number of Residential Percentage of Total Units Curbside Service (once per week) 6,223 68% Curbside Service (twice per week) 2,412 26% Backdoor Service (once per week) 284 3% Backdoor Service (twice per week) 199 3% Total Households 9,118 Table 3: Historical Waste Quantities (In Tons) Waste Stream 2007 2008 2009 2010 2011 2012 Refuse 7,218 6,797 9,175 9,154 9,502 9,109 Recyclables 3,717 3,199 2,936 4,308 4,472 4,918 Landscape 2,634 2,459 2,252 1,322 1,339 7954 Total 13,569 12,455 14,363 14,784 15,313 14,822 3 As previously mentioned, the Board approved an extension through of the current franchise agreement at the October 9, 2012 Regular Board of Trustees meeting. The extension runs through August 2013 and maintains the 2012 rates. 4 Landscape waste number is down due to the drought over the summer months. Page 2 Following are descriptions of the various collection types that are a part of the current franchise agreement: Solid Waste Collection Advanced will collect a maximum of three (3) thirty-two gallon containers, plus an additional five (5) bags of incidental refuse with each collection. If you have backdoor service, the extra bags of incidental refuse must be placed at the curb for collection. Containers and bags must not exceed 50 pounds. Advanced also supplies, at residents’ request and expense, a 95 gallon toter. This toter can be used for a rental fee of $2.25 per month (an option for curbside collection only).  Backdoor service means Advanced will collect a maximum of three (3) thirty-two gallon cans of household trash only from in front of your garage or similar location around your home. Advanced will never come inside your garage; refuse must be outside to be collected. Solid waste collection also includes, without additional charge, holiday tree collection and one bulk pick up (not to exceed three (3) cubic yards) at curbside. White Goods— such as refrigerators, ranges, and freezers— are also collected for a predetermined charge (if the one free bulk pick up has already been utilized). White goods and additional bulk pick up are at a current rate per item/additional yard of $35.00. It is important to note that as of January 1, 2012, new State laws went into effect regarding the disposal of old electronics. These items can no longer be placed out with the trash as they are banned from landfills. Residents can drop off these items at the Advanced location or, they can be collected as a White Goods pick-up for a fee. The Village of Northbrook also provides for household electronics collection on the first Tuesday of the month at our maintenance garage location. Electronics collection is an item that we could address in the next franchise agreement. Recycling Collection For recycling collection, residents are provided with a 65-gallon wheeled cart from the Franchisee. The 65-gallon cart was a change that was negotiated prior to entering into the current contract, with implementation occurring in January of 2007. Recyclables are collected once each week on one of the customer’s regular solid waste collection day and must always be placed curbside for collection. Currently, the franchisee retains all proceeds from the sale of the collected recyclable materials less all process and transportation costs. Landscape Waste Collection Like recycling, landscape waste is also collected once per week, curbside. In compliance with State law, disposal of grass, leaves and garden waste must be handled separately for disposal in a composting landfill. Customers must collect yard waste in approved biodegradable paper bags and affix a sticker to the bag denoting that the collection fee has been paid. Residents have the option of placing yard waste into 32-gallon reusable plastic containers. Stickers must be looped around the container handle for each collection. Landscape waste pick-up typically occurs April 1 through November 30. The current cost per sticker is $2.05. Residents also have the option of purchasing a landscape waste subscription service, which runs for the entire period of landscape waste collection, at a rate of $192.00. Page 3 Special Collections The current franchisee also provides the Village with special collections at no additional cost to the Village: Earth Day, Northbrook Days and collection of refuse and recycling from Village facilities. On the day designated as Earth Day, Advanced provides a drop-off location for tires, electronics, and other mutually agreed upon materials; and, same day collection of recyclable materials and waste generated by the Village clean-up program. For Northbrook Days, Advanced collects waste and recyclables that are generated during the event and deposited in the Central Business Area receptacles and eight roll-off dumpsters, during all days of the festival. Currently, the franchise agreement allows for free collection of waste and recycling at Village facilities. SURROUNDING FRANCHISE AGREEMENTS & RECENT CONTRACT CHANGES Exhibit A provides a summary of the service levels and rates offered through the franchise agreements of several surrounding communities. Below, I have highlighted several recent contract changes that have occurred in which service levels were changed. Village of Deerfield The Village of Deerfield entered in to a new franchise agreement on April 1, 2011, with Waste Management. The contract term is for five (5) years and expires on March 31, 2016. Prior to this agreement, the Village of Deerfield was with Veolia Environmental (now Advanced Disposal Services). In the previous agreement, residents were able to select from once a week and twice a week pick-up as well as curbside or backdoor service. Backdoor service was charged the same as curbside. The Village bills residents for waste services through the quarterly utility statement which also includes water. It is important to note that Deerfield residents are not charged the entire cost of the service. The Village pays for waste service through a combination of direct user fees and property taxes. Following are some key aspects of the new agreement:  All garbage, recycling and yard waste collection takes place once a week, on the same day.  The default service for garbage collection is curbside collection.  Backdoor service is an additional $6/month and is billed directly through Waste Management. o Residents can receive free backdoor waste collection service if they can demonstrate: 1) physically unable to bring his or her garbage and refuse cart and containers to the curb, 2) no one else living in the dwelling unit is physically able to bring the garbage and refuse cart to the curb, 3) must provide a tax return documenting that his or her income level is at or below the poverty income level established for Lake County Illinois by the Illinois Department of Labor or the US Census Bureau, and 4) shall not have selected and paid the Village for optional twice-a- week refuse service during January, February or March of 2011. o The maximum number of hardship service determinations the Village can make and have in effect under this contract at any one time is fifty (50)  The first garbage and recycling carts are provided to residents free of charge (owned and maintained by Waste Management). Page 4 Village of Glenview The Village of Glenview entered into a new franchise contract with Groot Industries, Inc. on April 21, 2010. The contract term is six (6) years and expires on June 30, 2016. Groot was also the franchisee during the previous agreement. While the provider did not change between agreements, service options did:  The twice-per week collection option was eliminated.  The backdoor collection service option was eliminated for new customers (existing customers were grandfathered in).  The agreement allows for a hardship program for residents who are unable to bring the waste or recycling carts to the curb for collection.  Residents are allowed to place one bulk item out for collection each week.  Created an opt-in program for multi-family dwellings with three or more attached units. With the new agreement, the Village also implemented standardized 35, 65 or 95-gallon refuse carts and 35 or 65-gallon recycling carts. The Village went out to bid for the purchase of these carts and provided them for each customer. The carts are the property of the Village of Glenview, contain the Village logo, and are to remain with the property should a resident move. Village of Wilmette The Village of Wilmette entered in to a new franchise agreement with Veolia Environmental in November 2009 which was effective March 1, 2010 and it expires on March 31, 2017. The Village bills residents for waste services. Veolia was also the franchisee during the previous agreement. While the provider did not change between agreements, service options did:  Customers who currently receive backdoor service will now have refuse, recycling and yard waste collected curbside. o Residents wishing to continue to receive backdoor collection service will pay an additional fee, $14.25, directly to Veolia and must use their own refuse toter with a maximum size of 32-gallons.  Collection is once a week; however, customers have the option of paying an additional fee fee, $14.25, directly to Veolia for a second curbside collection.  Wheeled refuse (96-gallon) and recycling (64-gallon) toters will be provided to each resident (at the contractor’s cost). o 35-gallon toters can be provided for individuals unable to maneuver the larger toters. Village of Riverwoods The Village of Riverwoods entered in to a new franchise agreement with LakeShore Waste Services in April, 2012. Prior to this agreement, the Village of Riverwoods was with Waste Management. The significant goal with the new contract was to reduce costs. The service levels include:  Limited Service* or Unlimited Backdoor Collection  Limited Service* or Unlimited Street-side Collection * Limited service allows for the disposing of waste in three average-sized (33 gallon) waste containers. Any week in which a resident needs to dispose more than this amount, stickers can be purchased for the additional waste. Page 5 Each of the options includes unlimited, street-side collection of recyclable materials. Waste and recyclables are collected once a week. Toters are provided to residents at the contractor’s cost. Residents who choose to utilize their own toters assume a higher collection rate. City of Highland Park While not a contract change, another service level to consider is Volume Based collection. This has been one service level option in effect in the City of Highland Park for over a decade. In this method, each container of refuse must have a prepaid refuse/landscape sticker attached in order to be collected. Residents receive one (1) 35-gallon refuse cart at no charge and either a 65 or 95- gallon recycling cart at no charge. Residents who elect this service option are billed the $60 annual base service fee three times a year ($20.00/billing cycle). Sticker prices are $2.42. This option has been looked at in past years in Northbrook and not deemed to be a desirable option for most residents. TIMELINE & QUESTIONS FOR THE COMMITTEE TO CONSIDER With the agreement extension set to expire in August, 2013, staff has laid out the tentative timeline for this project in Table 4. This timeline is important to adhere to as a contract award must be made no later than the first Village Board meeting in May 2013 to allow for any changes to be communicated and other administrative tasks to be handled. Table 4: Timeline for RFP, Selection & Award of Refuse and Recycling Contract Step Tentative Date RFP Released February 28 – March 8 Pre-Proposal Meeting Week of March 25 RFP Submittal Deadline Week of April 15 Contract Award May 2013 New Contract Takes Effect September 1, 2013 However, prior to proceeding with the competitive procurement of refuse and recycling services, staff is seeking direction from the Communications & Legislation Committee with respect to their goals for a new franchise agreement. Generally speaking, the goal(s) can be: 1. Provide for a decrease in customer costs. This can be done in a variety of ways including:  Standardization of service levels (i.e. having only curbside collection, allowing for only once- weekly pick-up and standardizing cart sizes).  Realigning costs between various service levels.  Providing a senior discount. Page 6 2. Maintain existing, or decrease/increase service levels available. Staff can prepare a Request for Proposal that includes maintaining the current level of service as well as pricing for a transition in service levels. A reduction in service levels could include:  Elimination of backdoor collection service.  Elimination of twice-per-week collection. An increase in service levels could include (it is important to note that any increase in service will have an effect on pricing):  Unlimited collection.  Once-per-week bulk collection.  Addition of volume based waste program. 3. Collection Standardization.  Collection frequency- eliminating twice per week option.  Collection type- eliminating backdoor collection service.  Toter type and size- a standard toter can provide for full automation as well as increase aesthetics as toter type would be consistent throughout the Village. 4. Inclusion of Green Components  Require vendors to have CNG powered trucks (i.e. % of fleet in first year must be CNG powered, etc.).  Ability to demonstrate other green initiatives. This is not an exhaustive list of all the options that can be pursued, but rather a starting point for discussion. Village staff will be present at the January 15 Communications and Legislation Committee meeting. Attachments:  Exhibit A: Comparable Community Summary of Waste Services  Exhibit B: Current Franchise Agreement  Exhibit C: Chapter 21, Village of Northbrook Municipal Code Page 7 Exhibit A: Comparable Community Waste Services Summary Senior Limited/Unlimited Municipality Current Provider Service Levels Rates/Billing Rate Accelerator Discount/ Cart Sizes Bulk Pick-Up White Goods Yard Waste Term Refuse Collection % 95-Gallon Waste 1x Per Week $6.66/month, billed quarterly 65-Gallon Waste Curbside (standard) Based on CPI-U: Shall Must call to by Village.i Recycling With collection, April 1, 2011 to March Deerfield Management 1x Per Week Backdoor not be lower than 2% No Unlimited schedule pick-up, $2.55/sticker Backdoor is additional $6 fee, (Resident may no fee 31, 2016 (WM) (additional fee, but has or greater than 4% no fee billed directly by WM. request Hardship program) different size for a fee) One item allowed per 1x Per Week Curbside Curbside: $16.36 35, 65 or 95- week, no fee $3/sticker or July 1, 2010 to June (standard, all new Glenview Cubrside Senior: $15.33 Based on CPI-U: Shall Gallon Waste (additional will Seasonal 30, 2018 (the term customers) (SWANCC Groot Backdoor: $29.86 not be lower than 0% Yes/10% 35 or 65- Unlimited be charged). $30/item Subscription was extended in first 1x Per Week Backdoor Member) Backdoor Senior: $27.75ii. or greater than 2.5% Gallon Must call to Service at amendment to (grandfathered, has Billed by Groot. Recyclingiii inform hauler $146.03 agreement) Hardship program) that item will be placed out. Based on CPI-U: shall not be less than 2% 65- Gallon One special pick- less one-half of the Waste up date in April difference between 65 or 95- or May. 2% and the Gallon $2.42/sticker or Base service fee per month in September 1, 2010 to percentage change in Recycling Limited. Additional Must call to Seasonal Highland Advanced Attached (has Hardship addition to service level fees Additional pick December 31, 2015, the CPI-U, nor more No containers require schedule pick-up, Subscription Park Disposal Services program) (Attached). up arranged with the option of 1- than 4% plus Backdoor stickers. charged a fee Service at Billed by Advanced. between year renewals. one-half of the of the service $222.70 customer and difference between required to hauler, charged 4% and the provide own a fee. percentage change in bins the CPI-U. Limited: 35 gal- $16.27 64 gal- $17.30 93 gal-$18.33 Sticker for waste over the 35, 65 or 93- One item 1x Per Week Curbside "limited" service level: $2.87 Gallon waste allowed per Waste (standard) Unlimited: Must call to $2.87/sticker or January 1, 2012 with 64 or 96- Limited & week, no fee. Lincolnshire Management 35 gal- $16.86 Not to exceed 3% Yes/10% schedule pick-up, Annual Fee of an initial five (5) year Gallon Unlimited Options (WM) 1x Per Week Backdoor 64 gal- $18.28 charged a fee $148.82 term Recycling (at Special Clean-up (additional fee) 93 gal- $19.31 no fee) day. Backdoor collection service (in addition to fees above): $10.30 Billed by WM. Must call to Must call to 1x Curbside= $19.25 schedule pick-up, $2.05/sticker or 1x Per Week Curbside Rates were 95-Gallon schedule pick- March 1, 2006 to 2x Curbside= $24.40 can count Seasonal Advanced 2x Per Week Curbside established for each available for up, 3 cubic yards December 31, 2012. – Northbrook 1x Backdoor= $23.50 No Limited. towards the free Subscription Disposal Services 1x Per Week Backdoor year at contract rental at free, additional Agreement extension 2x Backdoor= $30.95 3 cubic yards Service at 2x Per Week Backdoor execution. $2.25/month charged through August 2013. Billed by Advanced. annually, $192.00 $30/cubic yard additional $35 Limited Backdoor= $29.00 64 or 94- Limited Curbside= $21.00 Gallon Limited Backdoor Unlimited Backdoor= $31.00 Must call to Based on CPI-U: (additional fee Must call to Monthly flat Lakeshore Waste Limited Curbside Unlimited Curbside= $28.00 Limited & schedule pick- Riverwoods limited to between No if customers schedule pick-up, rate fee or pay Unknown Services Unlimited Backdoor Unlimited Options up, $8.00/cubic 2%-3% do not use $25.00/appliance per bag option Unlimited Curbside Additional waste stickers if yard provided exceed “limited” capacity= container) $1.50/33-gallons 1x Per Week Curbside/Alley Single Family (curb)=$18.36 Single Family (alley)= $19.20 96-Gallon Optional 2x per week Multi-Family= $12.09 Wednesday Wednesday pick- Wilmette waste Advanced collection Billed by Village. pick-up, must up, must April 1, 2010 to March (SWANCC 3.5% No 64-Gallon Unlimited $2.25/sticker Disposal Services (additional fee) schedule pick- schedule pick-up, 31, 2017 Member) Recycling (at Optional 2x per week= $14.25 up, no cost no cost no fee) Optional backdoor Optional Backdoor=$14.25 collection Paid Directly to Advanced. (additional fee) i Deerfield residents do not pay the entire cost of the service. The service is subsidized by property taxes. Waste Management charges the Village $15.98/resident. iii The Village of Glenview purchased the carts after a competitive bid process. There was no cost to the resident. Cart must stay with the property. Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> [82] Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING ARTICLE I. - IN GENERAL ARTICLE II. - COLLECTION FROM RESIDENTIAL DWELLINGS ARTICLE III. - COLLECTION OF SOLID WASTE FROM COMMERCIAL FACILITIES ARTICLE IV. - PERFORMANCE STANDARDS ARTICLE V. - HANDLING REQUIREMENTS FOOTNOTE(S): (82) Editor's note— Section 1 of Ord. No. 93-59, adopted Nov. 23, 1993, repealed Ch. 21 in its entirety. Formerly, Ch. 21 consisted of §§ 21-1—21-8, 21-26, 21-41—21-48, 21-60, 21-61, 21-70, and 21-71, which pertained to solid waste and derived from §§ 6.31—6.39 of the 1966 Code; §§ 1 and 2 of Ord. No. 85-57, adopted Aug. 13, 1985; § 2 of Ord. No. 88-40, adopted July 26, 1988; §§ 2 and 3 of Ord. No. 89-61, adopted Nov. 14, 1989; and §§ 2 and 3 of Ord. No. 90-26, adopted May 8, 1990. Section 1 of Ord. No. 93-59 provided further for the addition of a new Ch. 21 as herein set out. (Back) (82) Cross reference— Water, sewers and sewage disposal, Ch. 27. (Back) (82) State Law reference— Municipal authority relative to garbage, etc., Ill. Rev. Stat. Ch. 24, ¶ 11-19-1 et seq. (65 ILCS 5/11-19-1 et seq.) (Back) Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> ARTICLE I. - IN GENERAL >> ARTICLE I. - IN GENERAL Sec. 21-1. - Definitions. Sec. 21-2. - Administration. Sec. 21-3. - Violations. Secs. 21-4—21-9. - Reserved. Sec. 21-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial facility means any building or structure in the village, other than a residential dwelling (as defined herein), used for residential, commercial, office, industrial, institutional, or open space purposes. Garbage means any rejected or waste household food, offal, swill, or carrion and every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables and any other matter of any nature, that is subject to decay, putrefaction and the generation of noxious or offensive gases or odor, or that, during or after decay, may serve as a breeding or feeding material for rodents, flies or other germ carrying insects or animals. Landscape waste means all accumulations of grass, shrubbery cuttings, leaves, tree limbs or trunk less than four (4) inches in diameter and less than four (4) feet in length, and other materials accumulated 1 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... as the result of the care of lawns, shrubbery, vines and trees. Recyclable materials means without limitation, newsprint, aluminum cans, steel cans, glass, various types of paper, plastics and polymers, and any other materials designated as "recyclable materials" in the village's franchise agreement for the collection of recyclable materials. Refuse means all garbage, ashes, discarded household fixtures, manure, tree branches, roots, trunks four (4) inches or greater in diameter, building materials from home remodeling and repairs (provided such items are put into disposable containers or in tied bundles, but not exceeding four (4) feet in length and not weighing over fifty (50) pounds per container or bundle; the total of which shall not exceed one (1) cubic yard per collection), and small amounts of bricks, sod, earth, concrete, and rocks (provided such items are put into disposable containers not weighing over fifty (50) pounds per container). Refuse shall not include landscape waste and recyclable materials. Residential dwelling means (a) any dwelling in the village containing only one (1) dwelling unit, situated on a separate subdivision lot or being a separate condominium unit with separate and individual collection of waste, and (b) any dwelling in the village containing two (2) or more dwelling units, each unit of which has separate and individual collection of waste. Solid waste means garbage and refuse. Waste means solid waste, landscape waste, and recyclable materials. Waste container means a can of galvanized iron or noncorrodible metal or other material, rodent and flyproof, durable and leakproof, of the type commonly sold as a garbage can, of a suitable gauge and construction to ensure durability, with suitable handles on both can and lid and of a capacity of not less than ten (10) gallons and not more than thirty-two (32) gallons, with the exception of containers available for lease or sale from any duly licensed waste disposal firms or waste disposal contractor and designed to permit automated dumping. Waste disposal firm means any person engaged in the business of removal and disposal of waste. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 2011-17, § 2.h., 4-12-2011) Sec. 21-2. - Administration. The village manager or his representative shall be in charge of and responsible for the administration and enforcement of the provisions of this chapter. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-3. - Violations. Any violation of any provision of this chapter shall be grounds for the imposition of the penalties set forth in section 1-13 of this Code and such other remedies as are provided in this chapter. (Ord. No. 93-59, § 1, 11-23-93) Secs. 21-4—21-9. - Reserved. Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> ARTICLE II. - COLLECTION FROM RESIDENTIAL DWELLINGS >> 2 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... ARTICLE II. - COLLECTION FROM RESIDENTIAL DWELLINGS Sec. 21-10. - Franchise for collection from residential dwellings. Secs. 21-11—21-15. - Reserved. Sec. 21-10. - Franchise for collection from residential dwellings. (a) Exclusive franchise for solid waste and landscape waste. The village shall enter into an exclusive franchise agreement with no more than one (1) waste disposal firm for the collection of solid waste, and landscape waste from residential dwellings. No person shall hire, retain, use, or engage any waste disposal firm for the collection of solid waste, or landscape waste from residential dwellings, other than the one (1) selected by the village pursuant to this article. (b) Nonexclusive franchise for recyclables. The village may enter into one (1) or more nonexclusive franchise agreements for the collection of recyclable materials on terms and conditions satisfactory to the village board of trustees. (c) Provisions of franchise. The franchise agreement with a waste disposal firm referred to in subsection (a) of this section shall include, at a minimum, the following provisions: (1) The term shall not exceed seven (7) years. (2) A requirement that the waste disposal firm must offer and make available to all of the customers it serves the collection and processing of recyclable materials. (3) Direction as to where the waste disposal firm must or must not dump or dispose of the recyclable materials and landscape waste it collects. (4) A requirement that the waste disposal firm prepare and deliver to the village annual audits of the waste disposal firm's books of account, at the waste disposal firm's expense, for the purpose of establishing and maintaining fair rates for each class of customer and to provide adequate and sanitary collection. (5) A rate schedule and services standards established by the village. (6) A requirement for the posting of either a performance bond with an adequate surety to carry out the purposes of the agreement or an irrevocable letter of credit from a bank with sufficient capital assets to ensure that the purposes of the agreement will be carried out. (7) A requirement that residential dwellings be served no less often than once each week. (8) A requirement that the waste disposal firm shall have vehicles operating within the village on Monday through Friday, with collection to be allowed on Saturday, with prior village approval, when the normal Friday collection is significantly affected by a holiday or extreme weather conditions. (9) A requirement that the waste disposal firm abide by and comply with the performance standards for all waste disposal firms set forth in article IV of this chapter. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 06-6, § 2, 2-28-2006) Secs. 21-11—21-15. - Reserved. Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> ARTICLE III. - COLLECTION OF SOLID WASTE FROM COMMERCIAL FACILITIES >> ARTICLE III. - COLLECTION OF SOLID WASTE FROM COMMERCIAL FACILITIES 3 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Sec. 21-16. - Licenses for collection from commercial facilities. Sec. 21-17. - Maximum number of licenses. Sec. 21-18. - License fee. Sec. 21-19. - Application requirements. Sec. 21-20. - License term. Sec. 21-21. - Issuance. Sec. 21-22. - Renewal. Sec. 21-23. - Transfer restrictions. Sec. 21-24. - Denial; revocation. Sec. 21-25. - Administrative appeal. Secs. 21-26—21-29. - Reserved. Sec. 21-16. - Licenses for collection from commercial facilities. (a) Except as provided in subsections (b) and (c) of this section, no person shall remove solid waste, landscape waste or recyclable materials from any commercial facility, or transport garbage or refuse through the streets, alleys or public ways of the village, or dump, incinerate or in any other manner dispose of solid waste, landscape waste or recyclable materials originating in the limits of the village, or contract for or engage in any such removal, transportation or disposal without first having secured from the village a license for performing such solid waste, landscape waste, or recyclable materials services. (b) No license shall be required for the work performed by a solid waste firm pursuant to an exclusive franchise with the village for the collection of solid waste, recyclable materials, and landscape waste for residential dwellings. (c) No license shall be required for the removal of waste resulting from the performance of work within the village by building and other construction contractors pursuant to a validly issued building permit. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-17. - Maximum number of licenses. The maximum number of licenses for the collection of solid waste, landscape waste, and recyclable materials from commercial facilities shall be as established by the annual fee ordinance. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-18. - License fee. The fee for a license for the collection of solid waste, landscape waste, and recyclable materials from commercial facilities shall be as established by the annual fee ordinance. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-19. - Application requirements. (a) All applications for a license required by this chapter shall be made in accordance with the requirements of this chapter and chapter 15 of this Code. (b) All applications shall be made on the forms provided by the village and shall include, at a minimum, the following information: (1) Evidence to demonstrate that the applicant has adequate and sufficient equipment, personnel and financial responsibility to render service to any customer requesting it in accordance with the provisions of this chapter; (2) Complete financial statements and references as to the applicant's financial responsibility; 4 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... (3) Adequate assurances as to the applicant's character, morals and business reputation for itself and its officers and employees; (4) Evidence of appropriate types and amounts of insurance and ability to obtain the necessary performance guarantee as set forth in article IV of this chapter; (5) A properly executed agreement to indemnify, save and hold harmless the village from any and all loss, cost, damage, expense, liability or other claim whatsoever related to the services provided by the applicant, in a form acceptable to the village; and (6) A statement that the applicant will abide by and comply with the performance standards for all waste disposal firms set forth in article IV of this chapter. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-20. - License term. The term of the license shall be from January 1 to December 31 of each year. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 2011-17, § 2.h., 4-12-2011) Sec. 21-21. - Issuance. Upon payment of the required license fee and receipt by the village of all required application materials and a determination that the application shows that the waste disposal firm meets all of the standards and limitations set forth in this chapter, the village manager shall issue a license. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-22. - Renewal. Any waste disposal firm licensed under this chapter may apply to renew its license prior to the end of its license term. The right to apply for renewal provided herein shall not be construed as a vested right to renewal. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-23. - Transfer restrictions. A license issued under this chapter shall be purely a personal privilege and shall expire at the end of the standard license term occurring next after issuance unless sooner revoked. A license shall not constitute property, shall not be subject to attachment, garnishment or execution, and shall not be alienable or transferable, voluntarily or involuntarily, and shall be subject to being encumbered or hypothecated. For the purposes of this section, to "alienate" or "transfer" a license shall mean to give, sell or convey a license or fifty (50) percent or more of the total number of shares of stock or securities convertible into stock of a corporation or entity that holds a license. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-24. - Denial; revocation. Any license issued under this chapter may be temporarily suspended, or revoked, or an application for issuance or renewal of a license required by this chapter may be refused, by the village manager if he or she determines: (1) That the application of the waste disposal firm contains any false, fraudulent or misleading material statement; or (2) That the waste disposal firm has made any false, fraudulent or misleading material statement, 5 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... or has been convicted of perpetrating a fraud upon any person or that the waste disposal firm has committed a felony; or (3) That the waste disposal firm has conducted any activities directly related to the solid waste, landscape waste or recyclable materials collection and disposal business in the village in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public; or (4) That the waste disposal firm has violated any of the provisions of this chapter or of any other code, ordinance, resolution, rule or regulation of the village. A waste disposal firm aggrieved by the action of the village manager in refusing to issue any license or in suspending or revoking any license already issued shall have the right to appeal such decision to the village board of trustees in accordance with, and as provided by, section 21-25 herein. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-25. - Administrative appeal. If any application for a license under this section is denied, or if any license already issued shall have been suspended or revoked, the waste disposal firm shall be notified in writing of the reasons for such denial, suspension or revocation by the village manager. Within ten (10) days thereafter, the waste disposal firm may request a hearing before the village board of trustees to appeal the denial, suspension or revocation. The waste disposal firm shall be given five (5) days' advance notice of the hearing date. At the hearing, the waste disposal firm may be present and submit evidence and witnesses to rebut the reasons cited for denial, suspension or revocation of the license. (Ord. No. 93-59, § 1, 11-23-93) Secs. 21-26—21-29. - Reserved. Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> ARTICLE IV. - PERFORMANCE STANDARDS >> ARTICLE IV. - PERFORMANCE STANDARDS Sec. 21-30. - Collection of recyclable materials required. Sec. 21-31. - Processing of recyclable materials. Sec. 21-32. - Storage. Sec. 21-33. - Reporting. Sec. 21-34. - Review of rates and financial records and statements. Sec. 21-35. - Compliance with laws. Sec. 21-36. - Title to waste. Sec. 21-37. - General quality of performance. Sec. 21-38. - Collection times. Sec. 21-39. - Holiday collection. Sec. 21-40. - Quality of employees. Sec. 21-41. - Subcontractors. Sec. 21-42. - Risk of loss. Sec. 21-43. - Safety. Sec. 21-44. - Cleanliness. Sec. 21-45. - Equipment. Sec. 21-46. - Storage. Sec. 21-47. - Damage to property. 6 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Sec. 21-48. - Telephone. Sec. 21-49. - Identification. Sec. 21-50. - Complaints; processing. Sec. 21-51. - Insurance. Sec. 21-52. - Illegal aliens. Secs. 21-53—21-59. - Reserved. Sec. 21-30. - Collection of recyclable materials required. All waste disposal firms shall, in addition to the collection of solid waste, offer and make available to the customers it serves, the collection and processing of recyclable materials. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-31. - Processing of recyclable materials. All recyclable materials shall be delivered to an appropriate facility for recycling. All recyclable materials shall be collected, separated and otherwise treated by the waste disposal firm so as to facilitate the sale of said materials to end-use markets, or recyclable materials brokers. No materials collected as recyclable materials shall be delivered to or deposited in any landfill, waste incinerator, or other facility for disposal, except to the extent that such materials collected as recyclable materials are "contaminated," as that term is generally used in the recycling industry, and thus unacceptable to the end-use markets or recyclable materials brokers. The village shall have the right to designate, at any time and in its sole discretion, the facility or facilities to which all recyclable materials shall be required to be delivered. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 06-6, § 3, 2-28-2006) Sec. 21-32. - Storage. No waste disposal firm shall store any materials or equipment anywhere in the village except in strict compliance with all codes, ordinances, resolutions, rules and regulations of the village. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-33. - Reporting. Each solid waste disposal firm shall prepare and submit to the village quarterly reports detailing: (1) Solid waste collection and disposal activities for the previous quarter, including without limitation the amount of solid waste collected, public tipping fees paid to dispose of such solid waste, location of disposal, and the like; (2) Landscape waste collection and disposal activities for the previous quarter, including without limitation the amount of landscape waste collected, location of disposal, and the like; and (3) Recyclable materials collection and disposal activities for the previous quarter, including without limitation the amount of each type of recyclable material collected, the revenues received from the sale of each type of recyclable material, the after-market vendor of each type of recyclable material, public tipping fees savings, the location of disposal, the rate and type of customer participation and the like. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-34. - Review of rates and financial records and statements. Each waste disposal firm shall permit the village to review its rate structure and provide to the village 7 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... such financial records and statements as may be required for the purpose of establishing and maintaining fair rates to each class of customer and adequate and sanitary collection. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-35. - Compliance with laws. Each waste disposal firm shall obtain all required governmental licenses, approvals, and permits that may be required in connection with performing the work under the license, and shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the work under the license is performed in accordance with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers or specified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, disability, or other prohibited classification, including without limitation the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., the Discrimination in Public Agreements Act, 775 ILCS 10/1 et seq., the Illinois Fair Employment Practices Act, and the Americans With Disabilities Act of 1990, 42 U.S.C. section 12101 et seq.; any statutes regarding safety or the performance of the work including the Occupational Safety and Health Act; and any statutes relating to the handling and disposal of solid waste, landscape waste and recyclable materials, including subtitle D. Any reference in this section shall be to laws as they may be amended or modified from time to time. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-36. - Title to waste. Title to all solid waste, landscape waste, and recyclable materials shall vest in the disposal firm at the time it is placed in such firm's vehicles. The village shall have no responsibility for the disposal of any solid waste, landscape waste, or recyclable materials and all such disposal shall be accomplished by the waste disposal firm at its sole risk and expense. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-37. - General quality of performance. Each waste disposal firm shall provide, perform, and complete all work in full compliance with the terms of this article and in a good and workmanlike manner. Each waste disposal firm at all times shall perform its work with as little disturbance to its customers as possible, and shall make every effort to minimize noise and disruption incident to the work. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-38. - Collection times. No waste disposal firm shall begin collection on any day Monday through Friday, or on any Saturday where authorized by the village pursuant to any applicable franchise agreement, before 6:30 a.m. or continue collection on any day 5:00 p.m. No waste disposal firm shall perform collection on Sundays. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 06-6, § 4, 2-28-2006) Sec. 21-39. - Holiday collection. No waste disposal firm shall be required to perform work on the following holidays: New Year's Day, Memorial Day, Independence Day (July 4), Labor Day, Thanksgiving Day, and Christmas Day. When any such holiday falls on a weekday, then collections for the week within which such holiday falls shall be 8 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... delayed by not more than one (1) day for the remainder of the week after the holiday; provided, however, that no such delayed collections shall occur on Sundays or holidays. Each waste disposal firm shall provide the village with a written schedule of holidays on which it will not perform collections. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-40. - Quality of employees. Each waste disposal firm shall provide personnel to perform the work who are competent, capable, courteous, and qualified. If any such employee fails to perform the work in a manner satisfactory to the village, then such waste disposal firm shall immediately, upon notice from the village, replace such employee with another employee satisfactory to the village. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-41. - Subcontractors. (a) Approval and use of subcontractors. Each waste disposal firm shall perform with its own personnel and under the management and supervision and control of its own organization unless otherwise approved by the village in writing. All subcontractors used shall be acceptable to, and approved in advance by, the village. (b) Removal of subcontractors. If any subcontractor fails to perform in a manner satisfactory to the village, then the waste disposal firm shall immediately, upon notice from the village, terminate such subcontract. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-42. - Risk of loss. All work and everything pertaining thereto shall be performed and maintained at the sole risk and cost of the waste disposal firm. No waste disposal firm shall have a claim against the village because of any damage or loss to the disposal firm's equipment, materials, or supplies. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-43. - Safety. Each waste disposal firm shall be solely and completely responsible for the safety of all persons and property during performance of the work. This requirement shall apply continuously and shall not be limited to normal working hours. Each waste disposal firm shall take all safety precautions as shall be necessary to prevent injury to persons and damage to property. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-44. - Cleanliness. (a) Each waste disposal firm shall perform the work in a clean and orderly fashion and shall not cause to be deposited, or allow to remain, any solid waste, landscape waste, or recyclable materials at any pick-up area during performance of the work. Each waste disposal firm shall replace all container covers and shall replace all containers to their proper locations. (b) Each waste disposal firm shall immediately clean up any solid waste, landscape waste, or recyclable materials that it may have caused to spill onto private premises, parkways, streets, alleys or other public places, in a neat and workmanlike manner. (Ord. No. 93-59, § 1, 11-23-93) 9 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Sec. 21-45. - Equipment. Each waste disposal firm shall furnish, and maintain in a neat, clean, and sanitary condition, enclosed modern collection equipment approved by the village for use in performing the work. Each waste disposal firm may use replacement, open trucks on a temporary basis in case of emergency, but only with the prior express written approval of the village. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-46. - Storage. No waste disposal firm shall store, or allow to be stored, any equipment or materials on any private property in the village except in strict compliance with village laws, statutes, codes, ordinances, resolutions, rules, and regulations. Under no circumstances shall a waste disposal firm store any equipment or materials on or in any public property or facility within the village without the prior express written approval of the village. Nothing in this section shall be construed to affect the use of ninety-gallon toters otherwise in accordance with the terms of a franchise agreement. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-47. - Damage to property. (a) Restoration. Each waste disposal firm shall promptly, and without charge to the village, repair or restore, at its own expense and to a condition equal to that existing before the occurrence and satisfactory to the village, any damage done by the waste disposal firm to any property, public or private, as a result of the work. If the waste disposal firm fails to promptly repair or restore any such damage, then the village may, after forty-eight (48) hours' written notice to the waste disposal firm, itself cause such repair or restoration to be made, with its own forces or with forces hired for that purpose, and charge all costs related thereto to the waste disposal firm. If the village determines, in its sole discretion, that such damage has created a dangerous situation requiring immediate response, then the village may cause such repair or restoration to be made without notice to the waste disposal firm and charge all costs related thereto to the waste disposal firm. The waste disposal firm shall pay all costs to the village within five (5) days after receiving notice thereof from the village. (b) Customer containers. Each waste disposal firm shall use reasonable care in the handling of all of its customer's containers to avoid any excessive damage thereto. Such waste disposal firm shall replace at its expense waste containers that may be seriously damaged by carelessness of its employees. (c) No waiver. A waste disposal firm's obligations under this section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of the village or the waste disposal firm, to indemnify, hold harmless, or reimburse the waste disposal firm for the cost of any repair or replacement work required by this section. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-48. - Telephone. Each waste disposal firm shall maintain a telephone (local exchange) with an attendant from Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. to service inquiries, requests, and complaints in connection with the work. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-49. - Identification. 10 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... All personnel and all of the waste disposal firm's subcontractors' personnel shall carry distinctive personal identification at all times while performing work within the village. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-50. - Complaints; processing. (a) Generally. Waste disposal firms shall cooperate with the village in minimizing complaints from its customers and other village residents. Unreasonable complaint levels shall be due cause for the village to revoke a license. (b) Initial response. Each waste disposal firm shall give all complaints received by it prompt and courteous attention. Each waste disposal firm shall respond personally to every customer from whom a complaint is received within twenty-four (24) hours after receipt of such complaint; except that, if the waste disposal firm receives a complaint about a missed scheduled collection, then the waste disposal firm shall immediately investigate such complaint and, if such scheduled collection was not made in accordance with the terms of this agreement, then the waste disposal firm shall cause such collection to be made within twenty-four (24) hours after receipt of such complaint. (c) Referral to village. If a waste disposal firm is unable to resolve a complaint in a manner satisfactory to both the waste disposal firm and the customer, then the waste disposal firm, within forty-eight (48) hours after receipt of such complaint, shall deliver notice of such complaint to the assistant village manager, which notice shall include the name and address of the customer, the date and hour the complaint was received, the nature of the complaint, and the waste disposal firm's response to the complaint. The village manager or his designee shall arbitrate each such complaint, and the village manager's or his designee's decision concerning each such complaint shall be final and binding on the waste disposal firm. (d) Monthly report. Each waste disposal firm shall prepare and submit to the village, before the fifteenth day of each month, a report detailing each complaint received from any customer, including without limitation the name of the customer, the date and hour the complaint was received, the nature of the complaint, the investigation undertaken in response to the complaint, and the nature, date, and hour of the disposition of the complaint. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-51. - Insurance. (a) Each waste disposal firm servicing non-residential facilities shall purchase, and keep in full force and effect throughout the term of its license, at least the minimum insurance requirements, as set forth in subsection (b) of this section. Such policies shall be in a form, and from companies, acceptable to the village and shall name the village as an additional insured. Such insurance shall provide that no cancellation or non-renewal of any insurance shall become effective until the expiration of thirty (30) days after written notice thereof shall have been given by the insurance company to the village. In the event of any such cancellation or non-renewal, the waste disposal firm shall provide, with the notice thereof, evidence of replacement insurance. In the event of any change of or modification of coverage, the waste disposal firm shall notify the village within thirty (30) days after the waste disposal firm receives such notice from the village. (b) The minimum insurance requirements for waste disposal firms servicing non-residential facilities shall be as set forth below: Worker's The statutory limit compensation coverage 11 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Employer's $1,000,000.00 liability coverage arising from each occurrence Vehicle $1,000,000.00 liability coverage for property damage Vehicle $1,000,000.00 liability coverage for bodily injury or death for each person Vehicle $2,000,000.00 liability coverage arising from each occurrence Comprehensive $5,000,000.00 coverage for general liability for each person Comprehensive $5,000,000.00 coverage for general liability arising from each occurrence Property $2,500,000.00 damage coverage arising from each occurrence (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 06-6, § 5, 2-28-2006; Ord. No. 2011-17, § 2.h., 4-12-2011) Sec. 21-52. - Illegal aliens. No waste disposal firm shall employ any alien in the United States in violation of the Immigration and Nationality Act, 8 U.S.C. section 1101 et seq. (Ord. No. 93-59, § 1, 11-23-93) Secs. 21-53—21-59. - Reserved. 12 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... Northbrook, Illinois, Code of Ordinances >> - MUNICIPAL CODE >> Chapter 21 - SOLID WASTE, LANDSCAPE WASTE AND RECYCLING >> ARTICLE V. - HANDLING REQUIREMENTS >> ARTICLE V. - HANDLING REQUIREMENTS Sec. 21-60. - Accumulations. Sec. 21-61. - Composting. Sec. 21-62. - Containers. Sec. 21-63. - Disposal. Sec. 21-60. - Accumulations. The occupancy of any premises shall be prima facie evidence that garbage and refuse is being produced and accumulated on such premises. No person shall permit any garbage and refuse to accumulate on his premises except in waste containers. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-61. - Composting. Properly maintained compost piles may be utilized by residential dwellings for gardening and landscaping purposes. Such may be located in the side or back yard, the farthest distance possible on-site from neighboring residential structures, patios and swimming pools, a minimum of five (5) feet from the property line. Compost piles shall not contain household garbage and must be regularly maintained by turning the composting material to permit aeration and/or by application of chemicals to induce rapid decomposition and prevent offensive odors. (Ord. No. 93-59, § 1, 11-23-93) Sec. 21-62. - Containers. (a) Storage of waste. (1) Solid waste. All solid waste shall be stored for collection in waste containers, as defined in this chapter. (2) Landscape waste. All landscape waste shall be stored for collection in metal or plastic cans, not exceeding thirty-two (32) gallons in capacity, or biodegradable paper "kraft"-type bags not exceeding thirty-two (32) gallons in capacity, fifty (50) pounds in weight or shall be tightly tied with biodegradable string or twine, in bundles not exceeding four feet in length with limbs and trunks less than four (4) inches in diameter. No bundle shall exceed fifty (50) pounds in weight. (3) Recyclables. All recyclable materials shall be contained in one (1) of the following: a. An eighteen-gallon or twenty-eight-gallon post-consumer recyclable plastic container bearing the words "Village of Northbrook" and a recycling logo through December 31, 2006, or such later date as the sixty-five-gallon wheeled carts are made available by the waste disposal firm; or b. Commencing January 1, 2007, or as soon thereafter as practicable, a sixty-five-gallon wheeled cart containing a recycling emblem. (b) Maintenance. All containers shall be maintained in good order and repair at all times. Filthy, leaking or defective receptacles shall be cleaned, repaired or replaced by the owner or occupant of the residential dwelling, and at his expense, as directed by the village manager or his representative. All containers shall be disinfected with an effective antiseptic solution as often as is necessary to maintain them in a sanitary condition. 13 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... (c) Location. It shall be the duty of every owner or occupant of any residential dwelling to place containers together at ground level to the rear of the prime structure or within the garage attached to or accessory to the prime structure at a location entirely within lot lines that may be conveniently and economically serviced. Except for the day of collection, it shall be unlawful for any customer to place a container within any public alley or street right-of-way. All containers placed upon public street or alley rights-of-way in accordance with regulations for such collection service options shall be so placed only on the day of the collection service. Such containers shall be returned to their location on the premises within twelve (12) hours after the collection service has been performed. (d) Inspection. All waste containers shall be subject to inspection and approval by the village sanitarian under final approval of the village manager. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 06-6, § 6, 2-28-2006) Sec. 21-63. - Disposal. (a) Lawful methods of disposal. All refuse produced on the premises of any residential dwelling shall be disposed of by the person in possession of the premises by the acquisition of refuse removal services for each such residential dwelling from a waste disposal firm holding a franchise from the village pursuant to section 21-10 of this Code, with pickup and removal of such refuse by such waste disposal firm to be only from the premises on which the refuse is generated and not from any location other than the premises on which the refuse is generated. It shall be presumed that all residential dwellings in the village generate refuse. The village manager or his designee may waive the requirement of this subsection for a particular premises only upon receipt of a written request from the owner of the premises therefor, supported by clear and convincing evidence, as determined by the village manager or his designee in their sole and absolute discretion, that no refuse other than recyclable materials are and will be generated by the occupants of the premises. The decision of the village manager or his designee to grant, or deny, such a waiver request shall be final. Refuse produced on the premises of any residential dwelling may be disposed of pursuant only to those specific additional methods of disposal expressly authorized by, and approved pursuant to, this chapter. (b) Preparation of garbage. It shall be the duty of every person in possession of any premises to cause all garbage produced on the premises to be thoroughly drained of all surplus liquid, securely wrapped or bagged in paper or packed in a covered box or carton of such dimension as will permit its free passage into and out of the waste containers and, finally, deposited after such wrapping or bagging in such waste container as soon as practicable after the same is produced thereon. Materials of every character shall be securely wrapped or bound in such manner as may be necessary to prevent scattering, and shall be deposited in a waste container or otherwise deposited as prescribed herein. All surplus refuse, such as newspapers, grass, leaves, hedge and garden clippings, shall be placed on the parkway in neat and orderly bundles not to exceed the equivalent of the quantity control for the collection and disposal service being received. (c) Removal of bulky refuse items. Bulky refuse items which cannot be lifted and/or transported with ease, e.g., discarded household furniture, furnishings, fixtures and appliances of all kinds; tree trunks; roots, construction materials, etc., may be removed from the parkway for an additional fee to be set by the waste disposal firm or in an applicable franchise agreement. Such items shall not be placed in waste containers, but may be placed on the parkway, in a safe condition, with doors removed, for prompt collection and disposal upon arrangements being made for such service. (d) Other methods of disposal. Garbage and other combustible refuse may be disposed of within the building where it is accumulated or within a closed building accessory thereto situated on the same premises by complete incineration of such garbage or refuse in such manner as to create no noxious odors, smoke or other nuisance, or by grinding or by shredding such refuse finely and disposing of it through pipes leading to a public sanitary sewer, provided that all garbage or combustible matter so disposed of in such pipes shall have been ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which same is 14 of 15 1/9/2013 11:05 AM Municode http://library.municode.com/print.aspx?h=&clientID=11769&HTMReques... deposited. (e) Disposal limitations. No garbage shall be burned, dumped, scattered or buried within the village limits, except upon written permit of the village manager as he may direct in conformity with recognized sanitary practices. (Ord. No. 93-59, § 1, 11-23-93; Ord. No. 97-59, § 2, 9-24-97) 15 of 15 1/9/2013 11:05 AM