Representatives from both Scott and Waste Management Services were present at the meeting.
County Attorney Tom Noe introduced an addition to the contract, which had previously been awarded to Scott, with a five to one vote for approval.
Magistrate Ranny Adler voted against Scott. Adler said he was for the franchise agreement but wanted to choose the provider that offered the best savings to the residents. Scott's bid, although lower than county customers have been paying from both Scott and Waste Management, was higher for residential than Waste Management and lower for commercial users.
At Monday's Fiscal Court meeting, Noe introduced the addition, which offers an alternative rate structure in the case something goes wrong. Scott Waste gave two bid proposals, one that showed a price to the customer if the company is allowed to take the waste out of the county to another landfill, and one if they were going to transport the waste to the county's landfill, which is owned by Waste Management.
According to Waste Management, Scott or any other provider the county chooses has to take the waste to the county's landfill, according to the host agreement between themselves and the county. Noe and his partner, Gayle Guiling, contend it is unconstitutional to hold the county to that.
Noe said that adding the alternative rate structure will protect the county and allow it to choose Scott's alternative rate if litigation ensues.
The addition says, “If at any time during the term of this contract, the county determines that it is in the best interest of the citizens of Logan County to change the rate structure as the result of court decisions affecting the host agreement between Waste Management (formerly Southern Waste Services, LLC), or as the result of threatened court action involving the validity of either part or all of the host agreement, the contractor agrees that such amendments shall be made and a new rate structure will be used based on the alternative bid which required the contractor to dispose of all collected solid waste at the Waste Management Landfill in Logan County.”
The rate given by Scott if they successfully challenge the host agreement is $12.75 per month for residential pickup and $13 per month if they have to take it to the county landfill. The three cities (Auburn, Adairville and Lewisburg) will pay $10.25 per month out of the county and $11 per month out of the county.
Waste Management representative David Bradley addressed the court Monday, telling them the county is saving the county commercial users at the expense of the residential users. He has historically stated that the most savings should go to the most serviced population, which he says is the residents.
Both Waste Management and Scott- before the franchise agreement- have been charging the citizens who have trash pickup services in the neighborhood of $16.50 per month. Both companies have drastically dropped the price per month for residential pickup.
Waste Management in its bid package to the county for a franchise agreement has residents in the county paying $11.44 monthly with senior citizens paying $10.44. The three cities were to pay $10.25 monthly. However, Waste Management's commercial bid was notably higher than Scott, coming in at $5.09 per cubic yard for county and city.
Magistrate Jo Orange moved Monday to accept the agreement/contract with the addition. Her motion died for lack of a second. Discussion took place among magistrates and the same motion was made by Magistrate Curtis Watkins to accept the agreement/contract with the addition. His motion was seconded by Magistrate Orange but was defeated when Magistrates Harold Prince and Ranny Adler voted no and Magistrate Dickie Carter abstained. Judge/Executive John Guion voted with Watkins and Orange.
More discussion took place before yet another motion was made by Magistrate Orange to accept the agreement/contract with the addition. Her motion was seconded by Watkins and passed with Orange, Watkins and Guion voting yes, Carter and Prince no and Adler passied. Magistrate Harris Dockins was absent.
It was asked by the court if the vote held validity since Adler abstained. Judge Guion said yes and later produced documentation to back his claim.