Tuesday, December 23, 2008

Waste Industries Trashes Customers Then Begs for Their Business

Who is laughing now?
Waste Industries is scrambling to save the business they once enjoyed in Gwinnett County. They expected to lose all of their customers after the implementation of a very controversial county waste management plan. Instead of joining in with the two small businesses that challenged this plan, they tried to suck every last dime they could, by charging a deactivation fee. This infuriated many customers including myself.


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Friday, December 19, 2008

More than just trash collection stinks in Gwinnett County


My interest and knowledge in the new plan for waste and recycling in Gwinnett has grown by leaps and bounds over the last month. My first post only touched on what really appears to be happening. I find it a bit amusing that Gwinnett Clean and Beautiful (GCB) was surprised ...


By the late 80’s, citizens and businesses were demanding even more convenient collection and recycling systems. The Gwinnett County Board of commissioners took action to meet these needs and updated the solid waste system.

In October, 1989 a new system was put into place. The new system:

* Required all residents to use a private hauler (some minor exceptions)

* Granted 7 year exclusive franchises vs. 1 year to private haulers

* Increased the monthly fees to $12.95/month, payable 3 months in advance with periodic price increases based on the Consumer Pricing Index

* Granted a $8.00/month fee to the disabled and senior citizens

* Provided for Gwinnett County to collect any unpaid fees thru a levy against serviced property

Some members of the private solid waste sector found this system unacceptable. On May 4, 1990, Independent Sanitation, an unauthorized solid waste hauling company, filed a lawsuit against the County to address their concerns.

On July 16, 1990, a judge in the Gwinnett County Superior Court ruled that the County’s 1989 solid waste ordinance was unconstitutional and void for the following reasons:
* No constitutional authority was given to the Board of Commissioners to take the action they did

* No bids were taken and this lessened the competition and encouraged a monopoly

* Citizen were required to use a designated hauler, not select a hauler of their choosing

* The County could not act as a debt collector for a private company


I guess they don't even read their own documents. Of course with all the uproar recently, the GCB site has removed many direct links to articles, like the one I quoted above. They are still there and as of today you can still find them using their own search function.

What adds to this case, and also makes it smell of corruption, is who the GCB is made up of. If you use that same search function and look for “advisory board” you will find many familiar names there. Many members of the board of directors are current county politicians, elected officials and sitting judges. Can you say conflict of interest? How could they not know this would be challenged? Is it any surprise why none of this was announced until 3 days after the election? Also, you should look at the amount of money involved. A portion of that monthly fee goes directly to GCB from the county. This portion alone is several millions of dollars. Then they want to collect fines as well as any revenue from recycling.

I say let's recall those responsible! A good site to keep up on this issue is www.trashgwinnett.com.

Let me know what you think in a comment.

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Superior Court Grants Stay of Execution for Small Businesses


In Gwinnett County this has been a very hot topic since the beginning of November. I briefly introduced my thoughts in a post about Gwinnett County Monopolizing a Utility. Last night this was put on hold.

"As a matter of fact, the court finds that Gwinnett Clean and Beautiful Services has the right to set rates for residential customers, to regulate and set fees for commercial customers, to set rates for registration of new customers, to provide enforcement by a sworn deputy sheriff for violation of the ordinances and agreement, and to choose exclusive franchise providers and service areas," "The court finds that all of these are governmental and not merely administrative functions."


Gwinnett County Clean and Beautiful has responded by saying they are still reviewing the ruling and considering legal alternatives. Coincidentally, the services site for Gwinnett Clean and Beautiful today stated “closed until further notice.” This is a relief for many Gwinnett citizens and at least two smaller haulers.

Those are the facts as they stand now. As for me, I totally applaud the ruling of Judge Michael Clark. But, I also just look at it as a stepping stone. In my next post, I will explain why this should not be a surprise to Gwinnett Clean and Beautiful and how this whole deal smells of Corruption.

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A New Look!

Hi everyone. I know I haven't posted much lately, but I been a bit busy trying to make improvements. At least I think they are, and I hope you will agree. As you can tell, the site has change quite a bit. It is a modified version of a template provided by a site called Our Blogger Templates. Take a look around, I hope you will enjoy it. I still have some tweaks to do, but feel free to leave your comments. Especially if you have any questions.

Friday, November 21, 2008

Waste Industries Abandons Customers and Charges Them a Deactivation Fee

Even though this is a local issue in Gwinnett County Georgia, it could be affecting other unsuspecting customers in the United States. How can a company charge you a deactivation fee when they are discontinuing service? The company I’m referring to is Waste Industries, one of the largest Solid Waste Collection Agencies in the south, with reported annual revenue of over 100 million dollars. This is the company that I regretfully have had my service with.

Dear Valued Customer,


Waste Industries has enjoyed providing service in Gwinnett County for the past thirteen years and I would like to take this opportunity to thank each and every one of you for your loyal patronage. Regretfully, Gwinnett County has elected to take away your right to choose a waste hauler, and we will not be allowed to service you after December 31. Please be assured, however, that we fully intend to continue to provide outstanding service through the end of the year.


While we understand that this transition may cause you some inconvenience, please understand that this situation is solely a result of Gwinnett County’s action. We also ask that you consider the impact this will have on our local employees and their families. As a result of the County’s decision we are forced to close our Atlanta East branch. We are making every attempt to find jobs for these hard working men and women but, unfortunately, many of them will be without a job at the end of the year.


Your last invoice from Waste Industries will include an account deactivation fee. Please allow me to explain this charge. The modest $23.50 charge is a demobilization fee and not a rate increase. We regret being unable to issue advance notice of this fee, but Waste Industries was not informed that it had not been given the right to continue to provide service in the county until November 5. The short notice that we are now required to be out of the county by January 1 has placed substantial hardships on us. The fee addresses an array of additional costs and difficulties including, but not limited to:


• Demobilizing an entire branch.

• Extending employee COBRA health benefits beyond employment.

• Protecting a workforce that knows it will no longer be needed.

• Recovering assets.• Setting up call centers to deal with inevitable transition issues.

• Collection of accounts receivable in a short period of time.


As you can see from the examples above, the costs incurred by Waste Industries to demobilize will far exceed the amount it will receive through the deactivation fee.
We appreciate your understanding in this matter and hope to have the opportunity to serve you in the future.


Sincerely,


Jim Perry, CEOWaste Industries



Mr. Perry guess what, those bullet points are called a cost of doing, or not doing business. Most of which you would still have if you continued service in Gwinnett or not. You address me as a “valued customer”, and you thank me for my “Loyal Patronage”. Do you think I am a fool? I guess you don’t value my being a customer enough to win the contract. It is also obvious that you don’t want my loyal patronage to write to, or petition, Gwinnett County on your behalf. Obviously, you want to show thanks to your “loyal customers” by sticking us with the bill that finances your cut and run. If you had been awarded the contract, or even a portion of it, would I still be a valued customer and be paid an appreciation fee? I would bet not!

Well, I am not about to take this laying down. I sent a firm, but polite email to Gwinnett Clean and Beautiful regarding this issue Tuesday. Shannon Waldo from GCB kindly responded to me on Thursday with the following:


As Gwinnett County noted publically yesterday, they officially notified Waste Industries that they have allegedly violated the Gwinnett County Solid Waste Ordinance by charging an unauthorized de-activation fee. We cannot advise you to pay the fee or to not pay the fee, all we can advise is to direct your inquiry back to Waste Industries. Gwinnett County has stated that it will take any and all actions authorized by the Ordinance and law, including calling waste Industries performance bond.


Shannon Waldo
Program Coordinator


Gwinnett Clean and Beautiful Services, Inc.
770-822-5187 Phone
770-822-5179 Fax
http://www.gwinnettcb.org/
http://www.gwinnettcbservices.org/



I further inquired with her if any other company was trying to charge the same sort of deactivation fee. Her reply was that Waste Industries was the only one. I think if there was some sort of legal way to do this all of the companies would be doing it. I then called Waste Industries at a local number I found (678) 328-1650. I informed the person on the phone that I had no intention of paying that fee. He asked me for my address and said OK. He definitely did not want to talk about the issue but when pressed for some answers he would only say his company informed him it was totally legal for them to charge that fee. I don’t think this will be the end of it. This morning Benjamin Thomas, a lawyer representing Waste Industries, posted a reply to the allegation of Gwinnett County about Waste Industries violating a County Ordinance. In it, he defends the company’s action by stating, the additional fee does not fall subject to the ordinance because it is not an increase of the rate. He continues to threaten Gwinnett with legal action if they call in the $150,000 performance bond. The battle continues.

As for me, I have canceled my automatic bill payment and will be paying it manually. I don’t mind paying for services rendered, but my remittance will not include the deactivation fee. I will however include the following letter:





Dear Waste Industries,


Your attempt to levy a $23.50 deactivation fee to my final bill is unacceptable, and per Gwinnett County’s notification to you on 18-Nov-08, may not be legal, to the extent that they have mentioned revoking your $150K performance bond. Your response to this notification posted on your website today states that this is not a rate increase but an additional fee. I would have to argue. Per Mike Ingle, as interviewed by AJC, and Jim Perry CEO, this fee is to cover benefits to employees and other items related to loosing business in Gwinnett. These items as described are normally considered normal costs of doing business and are already reflected in your rate. I don’t mind if you keep your branches and employees in Gwinnett, so as far as I’m concerned you don’t have to fire anyone or shut anything down. Feel free to use these resources to service customers in neighboring areas where you are permitted to do business.


By no fault on my part were you unable to competitively bid for my business. If you and your employees are unable to continue my service due to contractual issues with the county, I was not in breach of any agreement. In fact, as a paying customer in good faith your fiduciary responsibility belongs to me, and if any breach of agreement has been committed, it would have been by your Company in failure to continue service. Gwinnett County may have given us both a raw deal. You lost my business and I lost the advantages of a free market. However, it is not my responsibility to recover your costs of doing business.


I explained my intention on this, to one of your representatives when I made a phone inquiry. He took my address and it was OK. I therefore, will pay my December bill as I always have, minus the $23.50.


I assure you if you try to impact my credit, place a lien against my property, or have a collection agent contact me, I will pursue legal action against you. I have been in contact with Gwinnett County regarding this as well, and I will be forwarding them a copy of this note later this morning.


Sincerely,


Michael Gill



I can not tell you what will happen (or how this will end), but you are welcome to use any of my ideas in a response to Waste Industries. Please feel free to send a link to this post to anyone who might be affected.




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Thursday, November 20, 2008

Gwinnett County Paying For a Monopolized Utility Through Property Taxes!

About ten days ago, a good friend of mine forwarded me an email informing me Gwinnett County will be going to a mandatory solid waste collection system in January 2009. Evidently, in April 2008, the Gwinnett County Board of Commissioners adopted, and approved a new plan that designated Gwinnett Clean and Beautiful (GCB Services, Inc.) to implement, manage and enforce a new enhanced waste and recycling program. This is supposed to increase recycling, reduce pollution and lead to a “clean and beautiful” Gwinnett County. While this should be a good thing, I always have a bit of skepticism and wonder what it will cost.

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Monday, November 17, 2008

Comments, Suggestions and Feedback

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Sorry for the delay, but some good changes are coming…

I know it has been a few days since I posted, and I would like to apologize. This site however is still in a pre-launch state. I’ve been focusing a lot of my attention to some time consuming tasks, in hopes of creating a successful site and blog. The problem is it did not provide you with any new articles.

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Wednesday, November 12, 2008

Should We Bailout General Motors, Ford and Chrysler? Or Let Them Go Bust!

You must have heard by now. The government is bailing out the financial institutions and now pushing the bail out of the Detroit Big Three; General Motors, Ford and Chrysler.

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Thursday, November 6, 2008

The People have spoken; the election is over, where do we go from here?

Even though the election did not turn out the way I, or many others wanted it to, I do have to say this; it is truly a great historic day for the United States of America.

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Friday, October 31, 2008

San Francisco Ballot Insults President Bush…

I just heard about this today and can’t believe I missed it. It is official!!

"It's not amusing to me, nor my folks who are true professionals," said Assistant Manager Tommy Moala. "And a lot of them have been here since the plant went online. They run it 24/7, 365 days a year."

Well it is well known that San Francisco is a safe haven for liberal lifestyles, philosophies, ideals, and of course politics. So it is not surprising to find that President Bush is as welcome there as salt in a wound. It could also be understandable that some of the workers at the plant may feel degraded working at a place named after a president they don’t identify with. And of course it is also easy to see why people like Nancy Pelosi and Cindy Sheehan and many of the other people in this city want to link the name of George W. Bush to every toilet in the city. The Los Angeles Times Reports…
“We think this is a fitting tribute to this president,” said Brian McConnell, a member of the group, whose insignia shows the presidential seal with an American eagle holding two toilet plungers. “It’s fair to say that we’re going to be cleaning up a substantial mess over the next decade or more, thanks to Bush. Environmental degradation. A war in Iraq that cost a trillion-dollars plus. It’s going to be a big job.”

Of course as twisted as I am, there might just be a different way of looking at this. I personally think the right wing conservatives should be honored with such a monument and the left wing liberals should be embarrassed. Even though I don’t always agree with President Bush, is this not a cry out to him and his party to clean up all the “crap” and “waste” the leftists liberals in San Francisco have created.
After all, the planning of, and events that led to September 11th and the war on terror happened under the previous Democratic Bill Clinton administration. Also, during this same administration did we, and the UN, not repeatedly try to negotiate with, impose sanctions on, and diplomatically resolve the ambitions of Sedam Husain? These efforts resulted in many UN resolutions which included independent inspections for weapons of mass destruction. Did not Sedam Husain repeatedly ignore these resolutions, as well as expel these inspectors because they looked in places he did not approve? Did not the Clinton administration also cut the defense budget, including massive cuts in intelligence gathering and reporting? Did not Saudi Arabia also offer to Bill Clinton Osama Bin Laden prior to the attacks on the United States? It was also under the Clinton administration that the “Dot Com” fiasco happened, the collapse of which started the economy going down even before Sept. 11th. Also it was the Clinton administration’s policies to increase home ownership that led to sub-prime lending, negative amortization loans, and under qualified loans that caused the massive bailout and economic mess we are in now.

In contrast, wasn’t it the Bush administration that inherited an economy that was declining? Wasn’t he only in office less than nine months prior to the largest terrorist attack in the US history? And wasn’t it the administration under George Bush that got the UN to approve a resolution to use force in Iraq, get overwhelming support of both houses of congress for this, as well as put together one of the worlds largest coalitions to carry this out? Didn’t this administration also restructure our defense forces so that better communications would take place? Wasn't his administration also challenged by one of this nations greatest natural disasters, hurricane Katrina?

And from San Francisco, was it not the speaker of the house Nancy Pelosi that repeatedly tried to end funding to our fighting troops overseas? Did she not fight against the military surge which is leading to a victory in Iraq? Does she not repeatedly try to prematurely pull our troops out of Iraq? The results of which would lead to defeat and demean the lives of those brave men and women who gave so much in service to our nation. This retreat would also make Iraq the perfect gift to its archenemy Iran, making it the most powerful and oil rich country in the Middle East.

With all of this in mind I believe San Francisco and the left have created, and continue to create a massive amount of waste that needs to be treated. If the right wing and President Bush are not willing to be honored as being able accomplish this, maybe Joe the Plumber would.

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Monday, October 27, 2008

Why Are They Calling The Obama Tax Plan Socialist?

All over the news you here people are referring to Barack Obama and his tax policies as socialist. I have to emphatically say THIS ABSOLUTLY JUST IS NOT TRUE!!!

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Thursday, October 23, 2008

Don't mark his word because he meant to say...

At a press conference yesterday, Barack attempted to cover up and limit the damages of Joe Biden's comments Tuesday about the world testing the Obama presidency in the first 6 months. In the words of Senator Biden:

Read the full Biden quote

"And here's the point I want to make. Mark my words. Mark my words. It will not be six months before the world tests Barack Obama like they did John Kennedy. The world is looking. We're about to elect a brilliant 47-year old senator president of the United States of America. Remember I said it standing here if you don't remember anything else I said. Watch, we're gonna have an international crisis, a generated crisis, to test the mettle of this guy. And he's gonna have to make some really tough - I don't know what the decision's gonna be, but I promise you it will occur. As a student of history and having served with seven presidents, I guarantee you it's gonna happen. I can give you at least four or five scenarios from where it might originate. And he's gonna need help. And the kind of help he's gonna need is, he's gonna need you, not financially to help him, we're gonna need you to use your influence, your influence within the community, to stand with him. Because it's not gonna be apparent initially, it's not gonna be apparent that we're right.”

The press conference followed a foreign policy meeting that he had with several top democratic security advisors including senators Sam Nun and Gary Hart. According to the Huffington Post this meeting was planned a couple of weeks ago with the goal of showing his team was not "so focused on the economy" that he stopped "keeping pace" with challenges pertaining to Afghanistan, Al Qaeda and Iraq.


You know, this just does not pass the smell test. Surprisingly enough, if this was planned in advance, the one person that Barack should have required to attend would be the chairman of the foreign relations committee who just so happens to be his running mate Senator Joe Biden. After all, one of the main reasons that he was picked to be the VP running mate was to lend creditability and experience to Barack's foreign policy. If he wants to show his team is not just campaigning on the current state of the economy, and is still concerned with foreign policy, shouldn't his team be present? According to his campaign, Joe Biden attended by phone and was not present. I think a preplanned campaign event like this would have including the more appropriate scheduling. Moreover wouldn't the press conference that followed have all their foreign policy talking points? In view of all of this, I believe this was a hastily conceived last second event to cover up the gaff and refocus the presses attention to what Barack wants them to see.


I just happened to listen to the press conference that followed and as Ronald Regan once said: “There you go again”. Barack once again only vaguely addressed foreign policy with a couple of lines before speaking about his plans for the economy. On the generated foreign threats guaranteed by Biden, Barack said the following which pretty much made up what he said on foreign policy. He then used this to lead into his talking points on the economy and continued attacks on John McCain and “Joe the Plumber”.


“Look, as I said before, you know, I think that Joe sometimes engages in rhetorical flourishes, but I think his core point was that the next administration is going to be tested, regardless of who it is.”



If this is true Barack, why would Joe directly address you and your presidency? Did he not say that they would test your mettle? I think Joe knows exactly what he said, and meant it. After all, in his presidential campaign he was making these same comments about you and your readiness for command. He did not address these concerns against Hilary Clinton nor John McCain.


Although, I have to give it to Barack. Like the character in Oliver Twist, he has earned the title of “The Artful Dodger”. Not only is he an artist with great ways of avoiding questions by using a dictionary full of meaningless flowery words to say nothing, but he is able to do this while picking your pocket with his income redistribution aspirations. He has constantly used this technique of misdirection throughout his campaign, and therefore I have to repeat those famous words, “There you go again”.



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Tuesday, October 21, 2008

Who is Biden Wanting To Be President?

In a recent address Obama's running mate, Joe Biden stated emphatically that if Obama is elected to the Presidency the Unites States would be tested with a new crisis. I don't know about the rest of America, but I do not want the US tested again.

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