Fiscal Court will address issue Oct. 21
BY RACHEL DOVE
CITIZEN STAFF
INEZ — Garbage bags being ripped open by hauler to see what is inside has driven one customer in Martin County to the point of video recording the pickup process. He says it offers proof of what he describes as a “form of extortion.”
The solid waste ordinance adopted by the Martin County Fiscal Court in 2016 states that the weekly solid waste generated by a resident should not exceed 165 gallons. According to Martin County Deputy Judge and Solid Waste Director Colby Kirk, that is equivalent to five 33-gallon bags.
“The hauler shouldn’t have a concern about what is in the bags as long as it does not exceed this bag limit,” explained Kirk. “If smaller bags, such as the 13-gallon size typically used in most households, are placed inside of the larger 33-gallon size, and they still do not have over the five-bag limit, which is within the guidelines of the ordinance and should not be an issue.”
Jude-Executive Victor Slone said that for several months his office has been receiving complaints from angry customers about one particular hauler ripping open their bags of garbage to see if they contain smaller bags, which they say he then proceeds to count in the five-bag limit. Other complaints include weeks with no pickup service, refusal to collect the garbage from the missed weeks, and having to pay extra to hauled away.
“We are keeping a log of the complaints we’ve received and will be addressing this matter during the Oct. 21 Fiscal Court meeting,” said Slone.
Charlie Fletcher, who resides at Frog Pond Road on Route 2032, said he hopes the videos he shared on social media and showed to the judge, deputy judge, and county attorney will be discussed during the meeting. He said the videos show the complaints are legitimate.
“This issue isn’t something that just started happening,” said Fletcher. “This has been going on for quite a while. After getting no satisfaction from complaining to the county officials, I decided to begin recording my hauler going through my garbage and refusing to take part of it as proof.”
The videos posted on Facebook show the hauler ripping the black 33-gallon bags to see what they contained, sometimes before removing them from the bin and at other times when they were at the back of his truck as he prepared to toss them inside. In one video Fletcher shared, the hauler takes five bags from the bin, throws them inside the truck, and takes another bag off the truck. That bag appears to be significantly heavier than any coming from the Fletcher bin and requires the assistance of his ride-along helper to place inside the bin.
“It wasn’t even my bag of garbage,” said Fletcher. “Yet it was placed in my bin.”
Kirk referred to section 3.7 of the Solid Waste Ordinance that defines the ownership of solid waste.
“All waste and refuse placed for collection shall remain the property of the waste generator, whether it be residential or commercial, until such time as the waste is placed in the collection vehicles,” said Kirk. “This means that once a trash bag is set down in the truck to be hauled away, it is no longer the resident’s responsibility but is that of the hauler. It should not be set out or placed back in the garbage bin once it is placed in the truck.”
In the September Fiscal Court meeting, the magistrates voted to have Kirk send a letter to all haulers requesting proof of five things: a map and route schedule of weekly collection, current monthly or quarterly collection reports, payment of all franchise fees, an updated copy of workers’ compensation and auto insurance policies and a list of individuals who have been terminated from collection.
Fletcher said with the meetings being held via Zoom and not in person, the people, especially the elderly and those who have no internet access, will not have the opportunity to voice their complaints or encourage the magistrate representing their district to do what is right.
“I know with COVID-19 precautions have to be taken, but all other counties in the local region are still holding in-person meetings. They just require social distancing and for face masks to be worn,” said Fletcher. “There’s truly no alternative that fits the needs of the public like an open meeting.”
Slone said he wanted to assure people that their concerns were his concerns. Anyone who cannot post their questions or complaints on Facebook can call his office to have their statements read during the October meeting.
“I also encourage anyone with a garbage complaint to contact their magistrate and make them aware before the meeting,” said Slone.
Fletcher said he was glad to see the matter brought to light.
“I personally showed the video to several of our county officials, and they all agreed it was wrong, should not be happening, and needed to stop, but no one stepped forward to make it happen,” remarked Fletcher. “One video I shared even showed the hauler pocketing $2 I had placed on my garbage bin to pay for an extra bag I needed to have taken away, but he left the bag. He sure took the money, though.
“I’ll give them the benefit of the doubt and the chance to do what’s right. If they fail, then I’ll contact the Attorney General. This is truly a form of extortion because we are forced to pay for a service that we are not receiving or at least one that is not up to par,” said Fletcher. “And after speaking to others with the same complaint, it seems that elderly customers are being targeted more so than the younger generation that are more apt to complain. I just hope this problem can be resolved.”
The judge’s office phone number is 606-298-2800. The Fiscal Court meets at 5 p.m. Oct. 21.