A state delegate is spearheading two bills this year that would crack down on SPSA, making it more difficult for the regional waste authority to borrow money, requiring more transparency and accounting of business deals, and empowering the governor to appoint a board of directors.
It is the third consecutive year that Del. John Cosgrove, R-Chesapeake, has sought to reform the Southeastern Public Service Authority through legislation in Richmond.
His latest bills, HB1871 and HB1872, were filed late Monday. They come in the wake of a highly critical audit, which Cosgrove urged last year, and as SPSA struggles to survive while weighing offers from private companies to buy pieces of the trash agency serving much of South Hampton Roads.
Cosgrove said Tuesday that his goal is simple.
"I would just prefer to see SPSA go away," he said.
Short of that, though, "it needs to be totally restructured," Cosgrove said. "It can't be fixed with the same people and the same system we have now."
A SPSA spokesman, Tom Kreidel, responded that the agency had just received copies of the bills and were analyzing them Tuesday. He declined to comment but said the agency intends to meet with Cosgrove to discuss them.
Cosgrove has faced questions in recent months about his role and fervency in battling SPSA.
Since at least 2006, Cosgrove has worked for Waterway Consulting, a private engineering firm in Chesapeake. In March, he appeared before SPSA's board on behalf of Waterway Recycling, a client that competes with SPSA for construction and demolition debris.
At the meeting, Cosgrove protested a SPSA rate change for such waste materials, raising eyebrows among some board members and agency officials about a potential conflict of interest.
Bucky Taylor, SPSA's executive director, said in a recent interview that he is aware of Cosgrove's ties to Waterway Recycling and that the issue has been discussed internally among staff and attorneys.
"We've kind of wondered about that too," Taylor said.
On Tuesday, Cosgrove dismissed the criticism, saying his bills always are about "SPSA in the larger context, in how we can make the place functional," and are not specific to construction and demolition debris.
"It's a silly argument" to say his work for Waterway Recycling should disqualify him from regulating SPSA, he said. "This is a taxpayer issue, not about anything else."
SPSA is about $240 million in debt and faces shrinking revenues and a $16 million deficit. It has proposed to hike municipal disposal fees to $245 per ton of garbage, which would be the highest rate in the nation.
One of the bills would allow any SPSA member - it serves Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Franklin, Southampton County and Isle of Wight County - to petition for involuntary bankruptcy.
A receiver could then be appointed, the bill says, "to manage, operate or liquidate" all of SPSA's assets and use the proceeds to pay off debts.
The second bill would require the governor to appoint board members after each city nominates three candidates, none of whom could be an elected official. They would serve four-year terms.
"We need businesspeople running things, not political people," Cosgrove said.
The bill also would require SPSA to keep a detailed and public financing plan, stat ing how borrowed money would be spent and how the debt would be retired. The board could block new indebtedness when 25 percent of its members voted no.
Cosgrove said he hopes SPSA does not oppose the bills in Richmond. If it does, he wants to see a full accounting of its spending on lawyers and lobbyists.
Two of SPSA's lobbying and legal arms contributed money to Cosgrove's political campaign last year - $250 from Willcox & Savage, a Norfolk law firm, and $750 from Kemper Consulting, a longtime lobbying firm for SPSA, according to state records.
Scott Harper, (757) 446-2340, scott.harper@pilotonline.com




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What really are Cosgrove's motives?
Let's see if I have this straight Delegate Cosgrove. You work for Waterway Recyling, a SPSA competitor, you represent the City of Chesapeake that sued SPSA (and lost) to get out of its contractual obligations, spoke at SPSA board meetings on the behalf of Waterway Recycling, are now introducing two bills in the state legislature that could lead to the demise of SPSA, but are trying to claim there isn't any conflict of interest. You should switch parties because you obviously went to the same school of politics that Illinois Govenor Blagojevich attended. What you don't realize is that all the negative publicity you and your cronies drum up can only hurt negotiations underway to privatize most if not all of the assests owned by SPSA and relieve all the debt that has been incurred.
Dastardly short cut
Problem is, Chesapeake signed a 30 contract that bound it to use SPSA for disposal until 2018. For years, they benefitted and voted for municipal tip fees that were inadequate to fund operations and to retire debt. Now, as the error of their ways have created more cost for them, they want to "restructure" which is another way to say they want out of their contract. A few years ago, they sued to abrogate their contract, and lost, so now they seek a Legislative remedy through Delegate Cosgrove and his bill, to stick their share of the costs they helped to create on others. I guess the message is that the City of Chesapeake has no intention of abiding by its contractural obligations. If it is true that a man is only as good as his word, it appears that in Cosgroves case, that was not meant to apply to the City of Chesapeake. Fact is, with rational discourse, the disposal system can be reformed, but a cram down to get out of one's obligations is a dastardly shortcut.
SPSA
If you have a theft problem, you can't leave the fox in charge of the henhouse.
Dealing with SPSA
It appears Cosgrove has an agenda of his own. It doesn't seem "ethical".
All appointed regional government reveals its results
While I support the efforts to reform SPSA, we aren't really fixing the root cause of the problem - all-appointed regional government that is not accountable to the voters and taxpayers. Government should provide services that cannot be offered by the private sector. Perhaps a better path forward is to open up the refuse collection to a fair full and open competitve bid process and issue multiple awards that can foster competition between private service providers. The big problem is the need for local land fills. Perhaps each city can retain ownership of their own land fills and charge the private service providers to use the land fills. It would appear that all appointed boards are the problem, not the solution. Being accountable to voters and taxpayers is needed to reform SPSA.
OMG...a true leader
Involuntary bankruptcy of SPSA is such a great idea because it allows for restructuring of contracts and the house cleaning of the failures that run this business.
To have a board to oversee this important service is a good idea - hopefully not someone like Chris Dodd though. OOPS dropped the ball - let's blame our oversight on Bush.
To have the SPSA question the qualifications of a legislature because of his lobbyists is like the fox with the chicken in his mouth pointing at the cat with a mouse in its. Which one has done the damage to the farmer?
Mr. Cosgrove, you are making
Mr. Cosgrove, you are making too much sense. Thank you! Please keep going! You realize demanding accountability probably violates some unknown rule of political correctness, and people will likely try to tear you down.
THANK YOU DELEGATE COSGROVE
For being a true representative of the taxpayer. SPSA's attempt to throw up a smokescreen to hide their own failure will not work any more. Keep up your good work.
I Agree With Cosgrove on One Thing ....
SPSA needs to go away!