Commercial customer disputes Choice contract

L.J. and Diane Walker haven't yet signed a garbage collection contract with Choice Environmental, and they might not.

They were visited by a Choice sales team.

"And then the woman shoved a piece of paper in my face and said, 'You have to sign this,'" said Diane Walker, owner of Advanced Door Concepts, which makes doors and cabinets in DeSoto City. "She said, 'We have the exclusive in Highlands County and yada yada.'"

True, said Bernis Gainer, director of the Highlands County Office of Management and Budget, and a member of the committee that chose Choice as the new solid waste hauler. Choice, a Fort Lauderdale firm, will have the exclusive right to haul garbage in the unincorporated areas of Highlands County.

"They cannot sign up with another hauler," said Grant Smith, Choice's attorney.

However, business owners can opt out and haul their own garbage, Gainer said.

Also true, Smith conceded. "But they physically have to put it in their own vehicle. They can't hire someone else."

According to Highlands County ordinance, Smith said, exemptions can only come from the county administrator.

The new Reliable

Business owners will also have a third choice, said Mark Talbott, general manager of Reliable Sanitation's Lakeland and Highlands County unit.

Fifty to 75 percent of trash can be recycled, so Reliable, which this summer lost the exclusive hauling contract in bid negotiations, is staying in Highlands to offer recycling services, Talbott said. Reliable just spent $4 million to upgrade its Lakeland facility.

Reliable won't be hauling trash, Talbott emphasized. But if businesses do choose to recycle, they might pay less than they did if 100 percent of their waste goes into the dumpster.

Reliable will be contacting its commercial customers. "If they want the service, fine. If they don't, they're more educated," Talbott said.

More or less

The contract has a built in 5 percent per year price increase, said Diane Walker's husband, L.J.

True, said Choice's attorney. However, Choice is charging less than the maximum rate, Smith pointed out. The company started at a lower rate, and is raising it over the 5-year life of the contract.

The county has set a maximum rate, and Choice cannot exceed that rate. Smith said Choice's rates will be smaller equal to Reliable's charges.

Finally, Walker complained that Choice's contract says the customer will be liable for Choice's dumpster.

That's right, said Smith, and that includes theft. A copy of Choice's contract provided by Gainer said the customer is responsible for the "safekeeping and cleanliness" of the dumpster, "in excess of reasonable wear and tear."

"Well, who determines normal wear and tear?" L.J. Walker asked. "Of course, they do. We are very upset about this situation and intend to make arrangements to handle our own trash removal.I sincerely wonder if our county commissioners realized they were opening up this can of worms when the change was made?"

Gainer wasn't certain whether the county can arbitrate or mediate any of these matters, but County Commissioner Guy Maxcy, who opposed the contract with Choice, was concerned.

Although Smith said counties typically don't get in the middle of customer-hauler disputes, Maxcy thought Highlands should.

"The county certainly would be interested in all concerns by the commercial folks," Maxcy said. "Maybe we need to call a time out and talk about this."