The county's trash collection service provider may be in danger of getting dumped.
After a decision reached during an executive session of the Sunflower County Board of Supervisors on Monday, the lawmakers revealed their intent to submit a notice to Waste Pro, USA declaring a breach of contract.
Waste Pro was chosen as the county's waste collection service in March of 2020. There were multiple discussions at the time and the matter was tabled and taken under consideration partially because Waste Pro was not the lowest bidder. Also, there were some noted inconsistencies raised regarding the proposal that effectively did not include some essential services.
At the time, District 1 Supervisor Glenn Donald cited Waste Pro’s past performance records and adamantly proclaimed that the lowest bid was not always necessarily the best. Waste Pro’s monthly fee was 64 cents per home higher than its counterpart—Arrow Disposable Services Inc.
Although the legal ramifications were discussed in closed and executive sessions, Attorney Johnny McWilliams offered up a statement once the conclave ended. "I advised them after that discussion that the action that was proposed to be taken should be taken in open session," he said.
Prior to the lawmakers making a motion or taking the vote, which was unanimous, County Administrator Fred Washington said, "What I am suggesting is that we do a letter to Waste Pro, a notice of breach of contract."
Washington indicated that it should be a certified letter. "Outline the concerns and issues we have had and the complaints that we have had from the citizens of Sunflower County," he said.
Washington added, "It's failure to pick up trash, unscheduled pickups, failure to provide containers and that's primarily it."
McWilliams then suggested that the motion also include a provision to advertise for new services. "Because if they don't cure the breach then we certainly will need to have a new company that's ready to go, to pick up the garbage," he said.
The decision was further fueled by statements from citizen Carolyn Lewis who came before the county leaders to voice her complaints and request a $66 credit for an undelivered trash receptacle.
The former Indianola resident said that she only recently moved to the county and in August 2020 she ordered a second garbage can that she has paid for each month since then, but she did not finally receive the second container until January 2021.
Lewis said she called and talked to several people even persons from the company, but they only redirected her back to the county for restitution.
She said at one point she thought about not paying her bill. “In my mind I was not going to pay for it, but that's not right, that's ugly,” she said.
In addition to not receiving the second container, there was also a period when the company did not collect her garbage at all.
"There was one point when they didn't even show up for like a month, and it was unreal," Lewis said.
Waste Pro announced in late February/early March of 2020 that they had purchased the Sunflower County solid waste accounts from Resourceful Environmental Services and would be collecting the customers’ trash for the duration of that contract and subsequently bid on the renewal.
According to Solid Waste Clerk Tancy Walters, they have at least 12 due-process hearings scheduled for this week to deal with issues from residents who are having issues related to the garbage pickup service. Walters also mentioned that she had collected $10,906.55 in arrears payments in her monthly report.
In other executive session matters,
There was reportedly a discussion with Judge Debra Giles related to personnel in the Chancery Court, specifically the youth court, about employing an attorney to represent parents in youth court matters. McWilliams said, “The discussion was in executive session because they related to specific youth court cases, which are required to be kept confidential."
The lawmakers also discussed an industrial expansion prospect related to the Second Street Industrial Facility (the former Modern Line Products building) in which Greenpoint AG is requesting the county convey an additional 2,690 square feet of space within the facility to them. The lawmakers agreed to sell it at a cost of seven dollars per square foot.
In other business,
The county decision-makers also discussed certain factors regarding the Indianola National Guard Armory in the likelihood that the county decides to follow through and finalize on the Guard’s offer to take possession of the building.
Specifically, how to handle an existing contract for an event rental of the property later this year and clarifying whose responsibility it is to pay the electrical utilities until the possession falls to the county.
McWilliams recommended that the supervisors honor the contract and affirmed with Economic Development representative Sheila Waldrup that no new rentals would be accepted. The lawmakers agreed contingent upon McWilliams reviewing the rental agreement and finding no issues.
According to Waldrup, the Chamber of Commerce currently pays the electric bill and will continue to do so as long as the National Guard retains ownership. The guard is also responsible for maintaining the insurance on the property throughout the transfer process.
The county lawmakers had voted at a previous meeting to accept the facility. It will take 90 days to complete the transfer, so they reportedly still have the opportunity to refuse the offer.
