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The Lowndes County Commission discussed alterations to a garbage collection contract at its Aug. 26 meeting, hearing County Attorney’s Prince Chestnut’s opinion on terms proposed by Martin Environmental Services.

“With the old agreement, it looks like [Martin representatives] are saying they want to accept certain parts [of the contract] but not accept other parts. Either there is a contract or there’s not a contract. If there’s not a contract, neither party owes either party.”

The commission requested Chestnut to review the contract Martin proposed as the lowest bidder of the county’s recent garbage service proposal request. After hearing from Martin sales director Shannon Meuleman at its Aug. 12 meeting, commissioners learned that while Martin had purchased the service territory from the previous provider, Liberty Disposal, it was not bound by the contract held between the county and Liberty.

In particular, commissioners asked Chestnut to offer a legal opinion on whether the county could collect on more than $17,000 owed as a contractual obligation for the service to pay $1 for each exempt Lowndes County customer receiving garbage pickup. According to Chestnut, Martin could not be held to the previous agreement, but neither could the provider expect the county to fulfill obligations under the Liberty contract.

“If we don’t have a contract, we don’t owe Martin Environmental,” Chestnut said. “We are in legal limbo. They don’t have to do anything, and we don’t have to do anything in response.”

Commission Chairman Charlie King, Jr. spoke to the county’s need for a collection service.

“The garbage needs to be picked up, and we don’t need to have people come in this county picking up what they want to pick up and leaving us hanging back. If they owe us, they need to pay us. If we owe them, we need to pay them. They don’t want to pay us, but they want us to pay them.”

According to Chestnut, conversations with Martin Environmental representatives appear to indicate a preference for abiding by certain portions of the previous contract. He stressed the need for getting a contract in place, but explained the county was under no obligation to adhere to conditions of the previous contract.

Commissioner Dickson Farrior said if the county doesn’t pay for service, Martin Environmental will cease collecting garbage, a statement which Chestnut agreed was probably accurate.

Chestnut suggested commissioners authorize King and himself to discuss contract terms with the provider. Farrior offered a motion to authorize the discussions. The motion was seconded by Commissioner Joseph Barganier and approved by a unanimous vote.