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NATCHEZ — Adams County likely faces a lengthy legal battle in its effort to replace its current garbage collector.

“I really don’t see where they have a leg to stand on,” said Board of Supervisors President Kevin Wilson. “However, I’m sure they are going to drag this out as long as they can.”

On March 11, Adams County filed a lawsuit against United Infrastructure Services of Louisiana LLC, seeking to terminate the contract signed with the county on March 6, 2023.

In the lawsuit, the county claims it is entitled to a declaratory judgment in order to terminate the contract at any time due to United Infrastructure’s failure to meet its contractual obligations.

The county’s lawsuit lists a litany of alleged violations of the contract, including lack of appropriate insurance coverage to do business as a garbage collector in Adams County, issues of spilled garbage bags in the street, ditches and roadways, numerous missed pickups, drop boxes and convenience stations that are not emptied or are closed down, operating of equipment not sufficient to perform the job, front-line vehicles were not acquired by the contractor as called for in the contract, violations of OSHA standards by workers, and failure to provide proof of insurance when it was sought by the county, among other complaints.

Further, the contract calls for United Infrastructure to make its first attempt to purchase goods and services from local vendors. The lawsuit claims the company violated that by leasing trucks from out-of-town vendors.

The suit also claims United Infrastructure’s equipment is not properly registered with the Mississippi Department of Transportation.

On April 24, Jimmy B. Wilkins of the Jackson law firm Watkins & Eager representing United Infrastructure Services answered the complaint filed by Adams County in Sixth District Circuit Court.

It was the last day the company had to answer the lawsuit, and the response claimed the county’s method of serving the lawsuit was insufficient and that the lawsuit should be dismissed.

Attorneys for United Infrastructure deny each of the allegations listed in the lawsuit and claim the March 4 vote to terminate the contract was insufficient and did not follow board procedures. The company claims the county’s action to terminate the contract was not validly authorized due to a lack of a properly convened meeting and the absence of a quorum.

The county filed the lawsuit with the Mississippi Secretary of State’s Office and the Mississippi Attorney General because United Infrastructure’s registered agent is the Mississippi Secretary of State. At the time the county’s lawsuit was filed United Infrastructure Services of Louisiana LLC was not registered with the state to do business in Mississippi. Mississippi law requires that in such cases a lawsuit be filed with the Secretary of State.

It was also discovered that the trucks used to operate as trash haulers in Adams County were not registered with the Mississippi Department of Transportation.

History

A previous slate of supervisors contracted with Metro Services in 2018 and left Waste Pro after Metro Services offered the county a significantly reduced rate for garbage collection.

However, in October 2022, Metro Services filed for bankruptcy protection and, despite having a contract with Adams County, stopped collecting the garbage of Adams County residents during the Christmas holiday that year.

The bankruptcy court allowed the owners of Metro Services to form a new company, United Infrastructure Services of Louisiana. When supervisors in early 2023 advertised for bids for a new garbage collector, United Infrastructure placed a bid, but at a significantly increased rate, one that would ultimately cost the county and Adams County residents more than $900,000 more for garbage collection.

Wilson and District 1 Supervisor Wes Middleton balked, saying the county could not afford the increased rate, nor could county residents, and that supervisors should consider switching to once-a-week garbage collection.

District 4 Supervisor Ricky Gray and District 3 Supervisor Angela Hutchins said they would not support once-a-week collection, and on March 6, 2023, supervisors voted 3 to 2 to award the contract to United Infrastructure Services of Louisiana.

The issue of choosing a garbage collection vendor was not on the county’s agenda that day. However, Gray made a motion, backed by Hutchins and supported by District 5 Supervisor Warren Gaines to award the contract to United Infrastructure.

Since that time, Wilson, Middleton and others have fielded complaints from county residents about the work of United Infrastructure.

After it was learned the company did not carry the proper commercial insurance to operate, Wilson and Middleton voted during a March 4 executive session to terminate the garbage collection contract. Gaines voted against the motion. Gray and Hutchins did not attend the meeting because they were out of town on county business.

What happens next?

Wilson, who is president of the Board of Supervisors, said he expects a lengthy legal battle.

“We have let them know once again everything that is wrong. There’s no telling how many breaches of contract there are. They have no permit or license to operate, they have no insurance, operate faulty equipment, provide lack of service to county residents who are their customers. The list just goes on and on,” Wilson said. “I am aggravated by the process, but I know we have to be patient. I would rather have a garbage collection company that cares about our area and takes better care of its customers.”

Gaines, Gray and Hutchins were not immediately available for comment. Gray and Hutchins expressed strong displeasure that supervisors took a vote about the garbage contract when they were out of town and not available to meet.

Wes Middleton said he is committed to doing everything legally necessary to find a replacement for United Infrastructure Services.

“I am just now coming back from Cloverdale to where a resident called me to tell me their garbage has not been picked up in more than a week. I wanted to see for myself, and I can assure you that is the case,” Middleton said.

“I do not know why this should be long and drawn out. We didn’t just pull those complaints out of the air. We have continued missed pickups; the fact that they have no insurance, no DOT numbers for their equipment and they still don’t; they weren’t registered with the state to even do business in Mississippi; the fact that they are riding around in trucks with the logo spray-painted over … They have failed the residents of Adams County,” he said.

“It’s not a secret I’ve been against this contract from day one. In my opinion, it’s the worst garbage contract in the history of the state of Mississippi,” Middleton said.

The contract calls for an automatic increase of more than 4 percent be paid to United Infrastructure in each year of the six-year contract.

“I am committed to doing whatever we legally have to do. I’m tired of the phone calls. I’ve been tired of the phone calls. And for any other board member to act like this company is doing their job is mindboggling to me,” he said.

County Attorney Scott Slover will not comment on ongoing litigation.