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For County, Haulers, It's Time To Talk Trash

Greg Fight / Tribune

Independent hauler George Farkas, center, and drivers Joe Williams, left, and Rick McConnell could be out of business.

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By ANTHONY McCARTNEY, The Tampa Tribune

Published: November 5, 2007

TAMPA - It's a messy problem.

County commissioners on Wednesday will be asked to vote on changes that could put several trash-hauling companies out of business in Hillsborough County.

Officials say the changes are necessary to preserve a contract with three waste haulers that provide residential trash pickup for a low rate. In exchange, the companies are supposed to have exclusive rights to pick up all other waste, including commercial and residential construction debris.

For months, county attorneys have negotiated with the three franchise haulers and long-time independent companies to work out a deal that will satisfy both sides.

That now seems unlikely.

Over the next few days, dozens of independent haulers and their workers plan to picket, e-mail and try to convince residents to lobby commissioners to reject the changes.

If commissioners refuse to enact the changes, the franchise haulers likely will consider the current contract - which is supposed to last six more years - breached.

Both sides claim that if they lose, trash pickup rates will go up.

And it's likely that whoever loses will sue the county over its decision, which is in some ways how the whole problem got started in the first place.

The county has had an exclusive agreement with three companies, Waste Management, Republic Services and Waste Services, since 1996. The rule was loosely enforced, though, usually only when the county received a complaint.

This year, Creative Concrete, a company that does an estimated $7 million of business in Hillsborough County, received a citation for hauling residential construction debris. The company sued.

A circuit judge ruled this year that the county didn't have adequate authority to enforce its exclusivity clause.

The county drafted revisions to strengthen the ordinance, and independent haulers began to mobilize.

Many of the smaller companies - which range from "mom and pop" businesses that have one pickup truck to multimillion-dollar operations - say they've operated for years and should be allowed to continue.

Representatives of the franchise haulers say those companies have been operating illegally and the largest of the independents need to stop competing against them in Hillsborough.

Steve Anderson, attorney for Waste Services, said months of negotiations have been productive: "What's been worked out is a win-win situation."

Tom Hull, a hauler who attended the negotiations, sees it differently. "Each time, it got worse for the small haulers."

Anderson and county officials say the proposed changes will allow many small operations to remain in business.

No one, however, can say how many companies will be put out of business if the changes are adopted.

Licensed To Haul

George Farkas has a feeling how Wednesday's vote will turn out. He's already painted R.I.P. in giant letters on the side of one of his debris trucks.

His company, Farkas Land Clearing, specializes in tree and agricultural debris. But with five employees and a truck that features a roll-off container, he would be among those put out of business if commissioners revise the rules this week, he said.

"Anybody owns a chain saw," he said. "Not everybody owns a roll-off truck."

He said that if the county wanted to stop him, they should have done it when he applied for an occupational license to haul debris two years ago.

Bill Taylor, an attorney who represents the company that sued the county over its exclusivity agreement, agreed.

"All of a sudden it's to be undone?" Taylor asked.

He said that if commissioners approve the revised ordinance, it will have a "dramatic impact" on the building industry by raising their costs.

Anderson called that argument "bunk."

He said developers would simply pass any increased costs on to homebuyers.

Taylor said he still hopes a compromise can be worked out. It might involve raising residential rates somewhat but wouldn't put the independent haulers out of business, he said.

Independent Haulers Mobilize

The independent haulers have formed a group, the Central Florida Haulers Association Inc., to try to stave off the changes. Memberships range from $500 to $10,000.

Thursday, members of the group met in Ybor City to discuss strategy, including at which street corners and Home Depot and Lowe's sites they would demonstrate.

They also discussed how to get as many people as possible to speak during Wednesday's public hearing.

Such efforts involve small business people who won't be affected by the changes, Anderson said.

"These mom and pops have really been used," Anderson said.

He said that while his clients have to abide by a 60-page contract, the independent haulers have none of the same requirements.

The franchise haulers also have tried to get their message out, sending out a mailer that warned, "Your low rates are in jeopardy!"

Even those in the middle of the fight admit there's so much campaigning going on, there's a lot for the average person to digest.

"It's a lot of rhetoric," Anderson said.

The last time commissioners scheduled a public hearing on the waste ordinance, haulers from throughout the county packed the room.

The board decided it was better to postpone a decision and try to reach a compromise.

Months later, county attorneys have produced a new version of the ordinance, heavily amended.

"They were sensitive negotiations," said Deputy County Attorney Don Odom.

County Commissioner Al Higginbotham - the independent haulers' most ardent supporter on the board - said he will vote against the changes. He said he has been told by lobbyists his stance will hurt him politically.

"It doesn't change my compassion and concern for working people," Higginbotham said.

The Way It's Been

Anderson, the Waste Services attorney, said three previous boards of county commissioners had endorsed the exclusivity agreement, and that it should happen again Wednesday.

Even if they want to, commissioners likely won't be able to delay their decision any longer.

"We're done," Anderson said. "There's no benefit in any further meetings."

His clients, he said, had "given more than they should have given." They've given him instructions, he said: "No more."

TRASH HAULING CONTRACT

Currently:

The county has an exclusive agreement with three "franchise" trash haulers to provide cheap residential service in exchange for exclusive rights to haul commercial and construction debris. A judge's order, though, prevents the county from stopping other firms from collecting residential construction debris.

Proposed Changes:

•An ordinance that would allow those who self-haul waste, such as plumbing, roofing and pool contractors and landscapers

•Barring independent firms with large, roll-off containers or trailers larger than 16 cubic yards from hauling waste

•Allowing small haulers to remove debris from final cleanup of new homes or existing homes undergoing renovation, limited to less than 16 cubic yards

Reporter Anthony McCartney can be reached at (813) 259-7616 or amccartney@tampatrib.com.

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