Hillsborough's small trash haulers rejoice

But the unhappy big guys warn: Expect to pay more for residential pickup.

By BILL COATS, Times Staff Writer
Published November 8, 2007

From left, Danny Beatty, Mike Graves, Jamark Diaz and Charles Markley, all of RDK Truck Sales, protest he amendment to Ordinance 96-34 in downtown Tampa on Wednesday.
	[Daniel Wallace | Times]

TAMPA -- Hillsborough County commissioners narrowly refused Wednesday to shore up the county's waste-hauling law, amid warnings the decision could jeopardize the bargain garbage rates paid by homeowners in unincorporated Hillsborough.

The 4-3 vote represented a snub for the three large waste companies that have shared an exclusive contract with the county for 11 years.

It was a victory for independent trash haulers, whose families and employees overflowed the commission's chambers Wednesday and decorated Tampa's downtown streets throughout the day with trash trucks.

Following a two-hour debate, commissioners had to choose between the threats of higher garbage rates and destroying the businesses of scrappy, hometown entrepreneurs.

"This is terrible," said Commissioner Brian Blair, facing re-election next year, as he found himself the undecided swing vote.

Blair, like the other members of the majority, voiced strong sentiments for competition and free enterprise. Several bemoaned the fact that they had inherited a contract that engineers something different: cheap rates for homeowners at the expense of businesses.

That contract, dating to 1996, divided the county's residential garbage work among Waste Management of Tampa, Waste Services of Florida and Republic Services of Florida. In exchange for their low bids, the three companies got exclusive rights to compete among themselves for commercial hauling jobs.

County Administrator Pat Bean said the arrangement has kept residential rates low.

Residents of unincorporated Hillsborough today pay $194 a year while Tampa residents pay $303.

Bean warned that renegotiating the agreement probably would lead to higher residential rates.

"I cannot imagine that there would not be any increase in residential," she said.

Last year, independent hauler Creative Concrete went to court challenging a citation it received for trespassing on those exclusive rights.

Hillsborough Circuit Judge Rex Barbas ruled that those rights were too vaguely written to be enforceable as they applied to construction sites for new houses.

The county has appealed.

But in the meantime, lawyers have negotiated new language aimed at curing Barbas' criticism, making the ordinance more enforceable, and carving out an exemption for mom-and-pop haulers that carry 16 cubic yards of garbage or less.

But the independent haulers rebelled at this change, and that plan died in Wednesday's vote.

"This is nothing short of a dagger in the heart of free enterprise," independent hauler James Surrency of Plant City told the commissioners. "We've been allowed to function for years and years when the economy was booming and nobody needed the extra business."

In fact, such haulers apparently thrived until last year's downturn in home construction.

They have underpriced the so-called Big Three companies because they weren't hauling residential trash at a discount.

Representatives of two major housing developers praised their service in Wednesday's meeting. And the independent haulers said they have been investing in new equipment and growth.

But the smaller ones made a dicey choice in opposing Wednesday's compromise. Without it, the county's existing ordinance governing waste hauling remains, with no concessions for mom-and-pops.

And the current ordinance may have to be renegotiated if the 2nd District Court of Appeal upholds Judge Barbas' ruling, warned Assistant County Attorney Hank Ennis. The new terms may be even less advantageous to the smaller companies.

But if the appellate judges overrule Barbas, then Hillsborough's ordinance will be fully enforceable against the independents.

After hearing two hours of public comment Wednesday, Commissioner Kevin White was the first to cast his lot with the independents.

"If you're willing to take that gamble, I'm willing to go with you," White said.

Steve Anderson, an attorney for Waste Services, said the gamble was a mistake. He said the evening was peppered with confusion because of the complicated legal agreement and misunderstandings about Wednesday's proposed changes.

"Nine out of 10 of the people who have been up here today are not going to be affected," Anderson said.

Anderson noted that Barbas' ruling didn't apply to hauling from commercial property, which remains the exclusive domain of the Big Three.

"I imagine fairly soon that I'm going to be sending the county a letter demanding that they enforce the ordinance immediately," Anderson said.

County Attorney Renee Lee said the county would have to comply. Anderson's clients "still have their bundle of rights," she said.

Bill Coats can be reached at coats@sptimes.com or (813) 269-5309.

[Last modified November 8, 2007, 01:20:09]