Adams Sanitation plans to file a Writ of Certiorari against Santa Rosa County for cancelling its September 9 permit appeal hearing. Adams Sanitation also affirms its intent to provide twice weekly garbage service in South Santa Rosa County, starting October 1.
Adams Sanitation asserts the county “improperly” provided an exclusive franchise agreement to Waste Pro to serve all unincorporated areas in South Santa Rosa County, denied Adams’ permit to serve that area then cancelled Adams’ permit appeal to the Board of County Commissioners.
“They cancelled the (hearing), despite receiving 2,448 emails from citizens,” said Christopher Saul, spokesman for Adams Sanitation.
Nathan Boyles, a co-owner of Adams Sanitation who is not only an attorney but also an Okaloosa County Commissioner says Santa Rosa County’s current legal counsel should have known that a Santa Rosa County ordinance adopted in 1989 grants every applicant for a solid waste permit the right to an appeal before their elected officials should a permit be rejected by (unelected) staff. He also argues that a 2007 update to that ordinance did not change the appeals process.
“We’re not going to let the commission get away with not making a decision,” Boyles said, pointing out that county staff referenced its own permit appeal process in a November 5, 2020 email to Boyles in which Santa Rosa County Environmental Manager Andrew Hill cited the 1989 appeals process via Subsection (10) of Ordinance 89-28.
“It looks like everything got screwed up in 2007 when they re-adopted some portions of that chapter,” Boyles said, noting there was an “improper citation,” specifically the exclusion of Subsection (10).
Boyles believes David Dee, an attorney recently hired to handle the solid waste lawsuits resulting from last year’s exclusive franchise agreement with Waste Pro, “didn’t do his homework.”
Santa Rosa County’s Board of County Commission last December fired former County Attorney Roy Andrews after issues continued festering over Waste Pro’s exclusive franchise agreement.
Greg Stewart of Nabors Giblin had been providing interim legal services to the county but notified the board July 29 of his firm’s intent to resign to temporary work. Accordingly, the board, in a unanimous decision, directed staff to start negotiating a contract with the Honorable Judge Tom Dannheisser, who expressed willingness to return as County Attorney. However, those negotiations are not yet complete, so he remains in service as a First Judicial Circuit Judge in Escambia County.
Dee was hired to handle the solid waste cases. But Boyles said his emails to Dee are being ignored. So Adams is seeking legal remedy through the courts
“Our twice-weekly trash service will start on October 1st in South Santa Rosa County. That’s not changing or going to change,” said Saul. “We are still taking sign-ups, though we will likely run out of space before the end of September with our initial start-up capacity so sign up soon.”
To sign up for twice weekly service visit: adamssanitation.com/services/residential/
