After a lengthy discussion between business owners and city officials about waste management, the Ocala City Council approved the purchase of large trash compactors to replace dumpsters in downtown, citing a desire to reduce the number of trips into the area by sanitation staff while also addressing development growth.
A purchase agreement for the compactor units and trucks to transport them was approved during the council’s regular meeting on Tuesday.
The total cost to purchase three solid waste roll-off compactor trucks and ten compactor units is approximately $1,129,587.
The units will not be purchased with city funds, but rather, funds from the American Rescue Plan Act, through a purchasing agreement established by the Florida Sheriffs Association. According to city staff, the federal funds must be used soon or else the city will lose them.
The council’s decision came after a 50-minute discussion on the topic of the city’s waste management system. At the center of the discussion was whether or not the acquisition of the compactors would expand the city’s role in commercial waste collection services and have an impact on private businesses.
Two attorneys speaking on behalf of Florida Express Waste & Recycling, a private waste hauling company that has served Ocala for over 45 years, asked the council to table their vote on the purchase.
Both attorneys suggested that their client, as well as other private companies, could offer better services at a cheaper price to residents and commercial businesses in Ocala. They asked city officials to hold a meeting or workshop to discuss the city’s current solid waste management system.
Stephen L. Spector, one of the attorneys who spoke on behalf of Florida Express, said the organization has had a positive impact on the local economy and is not looking to “fight” with the city, but rather, work together.
“We think that we have really good ideas, that can not only help the city, it can certainly help our business as well. It is a win-win situation,” said Spector. “It is a win-win for both sides. If the city can provide high-quality, solid waste services at a cheaper price, it’s good for your bottom line, it’s good for private waste haulers, and it’s good for the community.”
Rob Batsel, of Gooding & Batsel, PLLC, spoke briefly on the matter as well.
Before Batsel’s comments on the topic, newly named Ocala City Council President Kristen Dreyer and councilmember Jay Musleh both questioned whether Batsel’s law firm, which is contracted by the city on a variety of issues, had a conflict of interest in speaking on behalf of Florida Express in the matter.
After Batsel clarified his relationship, Dreyer suggested that a letter received from Florida Express on Monday threatened the city with litigation, reiterating that she did not understand how Batsel could be associated with the case.
“I am in no way engaged to any potential litigation…and that’s not the stance or posture of my client,” said Batsel, emphasizing a point Spector made during his comments clarifying the tone of a letter sent to the city on Monday.
“I am truly here to make an argument that is in no way, form or fashion related to anything I ever did for the city,” said Batsel. “I am very, extremely aware, of the ethical boundaries that I live and breath as a lawyer. I take any conflict of interest extremely – it’s sacred. It’s part of our profession.”
Batsel went on to agree that the need in downtown for trash compactors was apparent, but that he didn’t agree with the city’s approach.
“We need compactors downtown to address the growth of downtown and what’s to come,” said Batsel, saying the city’s goal of “operational excellence” would not be met with the equipment purchase.
“Is the city better served by doing this themselves? Spending $1.2 million on infrastructure, including all of the longterm expenses that that entails, to expand the scope of their solid waste services. It is not the most cost efficient way to handle the problem, in our opinion,” said Batsel.
The attorney indicated that the city should instead rely on the private sector to do something it has done for decades.
“You have really good private partners. Florida Express is among them, but not the only one. They freely recognize that they’ve got other partners here who are competitive and who can do it well. Private haulers are experts in what we are proposing to do,” said Batsel.
Jerry Lourenco, who owns Friends Recycling in Ocala, echoed the sentiments of Batsel and Spector. He posed several questions about the city’s purchase, citing his experiences with compactors over the years.
In response to the comments, City Manager Pete Lee took time to explain the city’s position.
According to Lee, the city first looked into underground dumpsters that would have been embedded into streets in downtown. After staff exhausted that option and realized that it wouldn’t work, Lee says staff looked for the best option to aid in the growth of downtown.
“We came to the conclusion that roll-offs was the best that we could serve downtown,” said Lee. “The ordinance is clear. The city picks up the city trash, unless the director of public works determines that we can’t pick up the trash.”
Lee said the city may not have needed roll-offs 50 years ago, or even “5 years ago,” but that staff now sees a demand and that the city would be capable of handling the new vehicles.
“These guys all run great operations, without a doubt. But, [the city’s] sanitation department runs very well also. And very quickly whenever there’s something that needs to be done,” said Lee. He emphasized that the city was responsible for its waste and that, unless the public works director changed that policy, it would continue to collect it.
Lee went on to defend the sanitation department, citing several of the responsibilities that have been lodged on it over time.
“The things that we do beyond all – amnesty days, tire amnesty day, battery amnesty day, hazardous waste amnesty day, picking up dead animals, picking up storm debris,” said Lee. “Anytime that something gets left, I make a phone call, and before I’m off the phone, someone’s on the way to pick those things up.”
Lee explained that the city is not expanding its commercial sanitation services and that it has no intention of “taking anyone’s contract” for the same. He emphasized that the city will not pursue contracts held by private companies and that it is primarily trying to address downtown and future multi-family developments.
“The start of this will be downtown and we will pursue trash at multi-family in the city as we move forward. But we’re not going to go after anyone’s existing contracts,” said Lee.
After additional discussion, including comments by councilmember Jim Hilty that the private sector’s expertise and concerns were being overlooked, the council voted 4-1 to approve the purchase, with Hilty voting against the measure.
Additionally, Lee and councilmembers agreed to work on a date for a future workshop to discuss the city’s waste management system with all of the “stakeholders” involved, including private businesses and local residents.
With the purchase approval, the city will now replace dumpsters in city-owned alleys behind Brick City Southern Kitchen & Whiskey Bar and Ivy House, as well as several others located Bank Street Patio Bar, Marion Theatre, and Parking Lot 7. Six of the units will be 20-yard compactors, and the remaining four will be 34-yard compactors.
During the meeting on Tuesday, city staff indicated that the new compactors would dramatically reduce trips into the downtown area. Although the dumpsters were serviced multiple times a week, the new compactor units should only need to be serviced once a week.
