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Commission's Vote On Trash Makes Independents' Day

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By Anthony McCartney | The Tampa Tribune

Published: November 8, 2007

TAMPA - County commissioners gave independent trash haulers what they wanted Wednesday evening, voting 4-3 to reject amendments to a trash hauling ordinance that a judge ruled is flawed.

County officials had pressed the changes to close loopholes in an 11-year-old regulation that spells out who can haul waste in Hillsborough County. The county has a contract with three "franchise" haulers that gives them exclusive rights to pick up commercial debris, including residential construction waste, in exchange for providing cheap residential collections.

Representatives of the franchises and county said Wednesday's vote leaves that contract in jeopardy and could lead to a lawsuit. Residential collection rates could rise, they warned.

The independent haulers saw it differently, saying the changes would have put them out of business. "It's a stay of execution for me," said Don Johnson, a Plant City hauler who owns his own, midsize business.

The conflict arose after a judge ruled earlier this year that Hillsborough doesn't have the authority to prevent nonfranchise companies from hauling residential construction debris.

County officials responded by preparing a revised ordinance that they said closed the enforcement loophole and would have legitimized some small hauling businesses and those who self-haul waste. It would have prohibited several larger hauling companies, including Johnson's, from operating in Hillsborough County.

Independent hauling companies, though, said the changes would have closed them down and allowed three franchise firms - Waste Management, Waste Services Inc. and Republic Services - to charge whatever they want to haul residential construction debris.

Appeal Court Ruling Awaited

The split vote was less of a win for the independent haulers than a reprieve. An appeals court could overturn the judge's decision, rendering all independent hauling operations illegal.

If the court upholds the decision, however, the haulers would win because Hillsborough County would have no provision to prevent them from picking up residential construction debris.

"It's still a gamble," Johnson said. "I understand that."

It was a risk dozens of independent haulers and their employees said they were willing to take. At one point during Wednesday's more than three-hour hearing on the proposed changes, Commissioner Brian Blair asked whether they really wanted to take the chance they could be put out of business with a judge's decision.

The crowd applauded and indicated yes.

Blair was one of the most conflicted among a board deeply torn by the decision. "The last thing I want to do is raise anybody's rate," he said. "This is terrible."

He cast the deciding vote to reject the changes, standing up and hovering over his seat before recording his decision. He and several other commissioners quickly left the room.

County officials and attorneys for the franchise haulers told commissioners that if they approved the proposed changes, 90 percent of the independent haulers in the county would be spared. Only larger firms, such as Johnson's, would be eliminated from competing with the franchise haulers.

County Commissioner Al Higginbotham, the independent haulers' most vocal advocate on the board, made the motion to reject the changes.

Commissioners Jim Norman, Ken Hagan and Mark Sharpe voted no, an attempt to get the revisions passed.

"When these people are being blasted with higher taxes, insurance rates, you better keep your garbage rates low," Norman said.

County Attorney Renee Lee said the county will have to wait for the appeals court to decide whether Hillsborough's ordinance is tough enough.

The franchise haulers plan to meet today to discuss their next move, which could include a breach-of-contract lawsuit.

"It's incredible to me that people can so misunderstand a contract," said Steve Anderson, an attorney representing Waste Services.

Wednesday's hearing pitted two highly organized groups against each other. Employees of the franchise haulers packed the commission's chambers at the County Center, while many independent haulers packed a separate conference room.

Independent haulers camped outside the building early Wednesday, parking large trash trucks out front. They hung signs on the side of trucks, urging commissioners to reject the proposed changes. That effort led police to hand out $30 parking tickets.

Horn-Honking Parade

At the start of the commission's afternoon session, some haulers circled the building, honking their horns. The din was audible inside the board chambers and distracted officials as they tried to make presentations. The coordination was not without its confusion. Both sides donned T-shirts advocating their position. Both sides chose yellow.

Independent haulers also sent commissioners a last-minute message Wednesday, delivering Halloween red devil masks with a note, "Do you ever feel like you are doing business with the devil?"

There was little levity when it came time for commissioners to decide whether to amend the ordinance.

Commissioners grilled - and occasionally chastised staffers - over the contract and the ordinance changes for nearly an hour. It eventually became clear that after months of negotiations, more time wasn't going to help.

"There's no way to win on this," Blair said.

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

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