GLEN ROSE — Due to what could be no more than a simple clerical error, the City of Glen Rose is hoping to open up negotiations on its trash service agreement with Knox Waste Services.
Prior to council meeting Monday night, a council member brought it to the attention of Glen Rose City Administrator Michael Leamons that the current written contract with KWS says six years instead of the originally voted on five years.
The council is now questioning whether the contract is null and void, and if so, it would like to renegotiate all or parts of the deal.
Council member Chris Bryant, who wasn’t on the council at the time when the October 2017, 3-1 vote was made and who has been vocal against the new contract, would like to see the city have more dialogue with KWS.
“Honestly, Knox was very deceptive in gaining that contract with the things they promised in the council meeting to what they put on the contract; they left a lot of stuff out of the contract that they promised,” he said. “I would like to see how much negotiation we can do to make this a better service for the citizens.”
Doug Mitchell, Sandra Ramsey and Linda James are the former council members who voted for the contract. Current council member Robert Marquez was on the council at that time as well, however, he wasn’t at that meeting, but he told the Glen Rose Reporter at the time he would have voted against it.
He wasn’t at the meeting Monday night.
Mayor Pro Team Dennis Moore was the lone vote in opposition of the new deal.
“I voted against the contract. The containers are too small, in my opinion,” said Moore, who would also like to see curbside bulk pickup added to the contract. “The contract we voted on was for five and it says six. It may be that we will stay where we are, and we’ll have to live with that. If they come back and say there is no negotiation, we can correct the years. Maybe they might be willing (to renegotiate), and that’s my hope.”
The City Council instructed Leamons and Glen Rose City Attorney Brady Pendleton to look further into the issue and see what options the city might have. At the same time, Moore has instructed council members to submit their ideas for changes to the city to present to KWS.
“If we claim that the city takes the position that this contract is null and void because the vote was for five years and the contract is for six years, I will bet $1 million that it will invite the city for litigation because I think there are other contractual ties to positive action that they can assert against the city,” Pendleton said.
“With that being said, there might be some governmental immunity we have as well, but I would think, at the end of the day, Knox Waste Services would come back with the position that our intent was for it to be for five years and that this is a mutual mistake, and therefore, the council is not entitled to cancel the whole contract due to a mutual mistake.”