A potentially extreme situation for county government and several customers in one of the former four solid waste collection areas in the county was halted last week after an emergency was declared when one of the solid waste franchise hauler’s called it quits, leaving the county scrambling to make sure trash pick-up service remained available to several hundred customers.

On Monday of last week, October 27, Judge/Executive Lyle Huff, pursuant to KRS 424.260, issued an emergency order due to Abston Sanitation forfeiting its franchise to collect and transfer solid waste in the designated Area 1 in Clinton County.

In the Executive Order, he recommended that Area 1 be divided between the three remaining trash haulers, Boils Trash Service, Dicken’s Solid Waste Disposal and Melton Sanitation, until the expiration of each respective agreement.

A special emergency meeting of fiscal court was held last Tuesday morning, October 28, with five of six magistrates present, along with representatives of the three solid waste franchise holders and Clinton County Solid Waste Coordinator Lyle Norris.

County Attorney Michael Rains acknowledged to the court the emergency declaration due to Abston Sanitation forfeiting its franchise, last Monday, which was effective immediately, leaving approximately one-quarter of the county’s residents without trash pick-up service.

On the day of learning of the situation, Judge Huff requested the three remaining haulers get together and try and work out something among themselves to secure continued litter abatement in the county, noting “if they hadn’t, the county would have been forced into the trash hauling business,” itself.

Phillip Boils of Boils Trash Service acted somewhat as spokesperson for the haulers, nothing they had, in fact, met the previous evening and came to an agreement of areas where each could pick up the residents and businesses formerly served by Abston Sanitation.

Since that time, customers and residents who live in the Area 1 communities have been notified of the change, including who there new trash pick-up service will be, the cost per month and so forth.

The haulers also presented the court members a map of the proposed new three-area system and Norris, in his capacity of county Solid Waste Coordinator, said it seemed like a very good plan and recommended it.

Magistrate Ricky Craig then made a motion to accept the plan agreed to by the haulers. The motion was seconded by Magistrate Mickey Riddle. This allowed the issue to be opened up for discussion prior to the official vote being taken.

It was noted that the current contract for haulers is in effect until May of 2016 and that would remain the case via executive order through that time.

The issue of existing customers who will now have a new solid waste hauler was then discussed, with Judge Huff saying he didn’t know “who had paid and who hadn’t” in Area 1 and that some of the billing may have to be discussed between the customers and Abston.

Boils also noted that in some cases customers may have already paid up for the year and that the remaining haulers couldn’t afford to pick up the remaining (two months) for free. “It may make some (Area 1) customers a little upset, but we have to bill them whenever we start picking up their trash,” he said, adding that in situations where some may have already paid Abston Sanitation for the year, they would have to take up the overpayment with their former provider.

Boils said the remaining haulers would begin billing around the first part of November and again stressed that anyone who may have already paid through the end of the year would have to ask for reimbursement from Abston Sanitation.

Magistrate Riddle questioned whether or not Abston Sanitation was bonded, saying if they were, that could be used to pay the remaining haulers the overlap for any existing customers who have pre-paid through the end of the year. However, it was noted Abston Sanitation had apparently not provided a bond.

The haulers also expressed some concerns about the current contract and whether or not when it came to be renewed, the county may re-bid the franchises and open up for additional haulers. They said, should that occur, they would stand to lose the investment and work they would have put into taking on the extra routes and customers.

Judge Huff, who will be leaving office at the end of this year, asked the magistrates their feelings about that issue, since most of them will be returning for another term next January. All agreed they would be in favor of keeping the amended version of the contract using the three-area franchise system for solid waste litter abatement.

Following some further discussion, Judge Huff recommended that the new amended contract dealing with that issue could be put on the agenda at the December meeting where it will be open for discussion, which the haulers and court members agreed to.

Also, Craig’s motion to approve the three-area plan presented by the haulers be approved passed by unanimous vote.

While an ordinance may be presented by that time (December meeting), it will require a first and second reading and publication, basically meaning it would be around February 2015 before a new contract becomes official.

Due to the cooperation of the existing three haulers and the county, trash pick-up service in the affected Area 1 will continue after only a few days delay and customers in that area who want to know more information about their new haulers or designated trash pick-up areas can contact either of the franchise holders, Boils Trash Service at 306-3505; Dicken’s Waste Disposal at 306-2070; Melton Sanitation at 306-3688 or Solid Waste Coordinator Lyle Norris at 306-2288.

Also during last week’s call session, prior to discussion on the solid waste issue, the court voted to pay elections officers for this past Tuesday’s November general election.

Due to a scheduling conflict, the next meeting of Clinton County Fiscal Court will once again be changed from its regular meeting to a special call meeting to be held Tuesday, November 18 at 8 a.m. and is open to the general public.