The two-month dispute between Palm Coast government and Waste Pro is over.
The two sides have reached an “amicable” settlement over the threat-ridden conflict that mushroomed between them after Waste Pro began collecting residents’ recycling bins in the final week of its 16-year contractual relationship with the city.
Waste Pro deemed the reclamation of the bins its due. Palm Coast disagreed, deeming the bins residents’ properties, and fined Waste Pro for every bin removed. Waste Pro accrued over $66,000 in fines. The city also withheld final payments due Waste Pro.
The hauler, in turn, threatened to sue the city.
On July 20, the two sides signed an agreement that will have Palm Coast release $153,150 owed Waste Pro. The city will also void the $66,350 fines the company had accrued. Both sides agreed to drop any litigation. It was a victory for Waste Pro, which got to take the bins back, get its final payments, and face no penalties.
Neither side admits wrong-doing.
The company issued a brief release today. “The City agreed to pay Waste Pro in full for services rendered, and all alleged fines and damages were dropped, including those related to Waste Pro’s retrieval of its branded recycling bins,” Waste Pro’s statement read. (The fines were not, in fact, “alleged,” but nullified.)
Waste Pro and Palm Coast will each bear their own attorneys’ costs. City Manager Denise Bevan and City Attorney Neysa BOrkert signed the agreement, with Waste Pro COO Keith Banasiak and Waste Pro attorney Amy Shay signing for the company. (See the agreement below.)
“The City sought to avoid litigation with Waste Pro by requiring Waste Pro to sign a Settlement and Release of All Claims against the City which Waste Pro would only agree to if the liquidated damages were released and the civil citation withdrawn,” a Palm Coast spokesperson said in a statement issued this afternoon.
“While the City still firmly believes that the recycling bins are the property of the City’s residents, avoiding litigation with Waste Pro is believed to be in the best interests of the residents,” the city’s statement said.
Waste Pro removed thousands of bins in its final rounds around the city, though as residents became aware of the removal, thousands withheld their bins, too–and are using them now with the new hauler. Waste Pro offered to sell the bins back to Palm Coast.
Waste Pro was replaced in Palm Coast by FCC Environmental. The two companies were the only bidders when the contract was up for renewal. FCC edged out Waste Pro, whose relationship with the city, if perhaps not as much with residents, had frayed over the years. Waste Pro, which has a plant in Bunnell, continues to be the hauler for residents and businesses in unincorporated Flagler County.
FCC has been gradually replacing residents’ recycling bins since it took over the routes in June. Waste Pro today was still advising Palm Coast residents that if they are “still in possession of a Waste Pro bin(s) and no longer wish to utilize it, please contact us at (386) 586-0800 or deliver the bin(s) to our local office at 401 South Bay Street, Bunnell.”
“For over 17 years, our dedicated team enjoyed providing waste services to the Palm Coast community.,” the company said in its statement. “We look forward to maintaining a strong presence in Flagler County with continued growth in our commercial services.”
Duane says
No kidding!
Great job?
A common person would have avoided all of this from the beginning.
DP says
Once again the citizens of Palm Coast are screwed, and shoulder the bill for attorney expenses. And in this article waste pro has the gaul to ask the citizens that still have their bins. “IF” we no longer wish to utilize “OUR” bins to return them. So I ask this, who is going to return the money I spent to buy my bin, that was illegally taken from me???? This city administration have got to get thier heads out of thier ass’s, and think and defend their tax payers.
Jonathan says
Where’s our new recycle bins????????????
We are paying for recycling service but Waste Pro took our recycle bins and we were promised new ones. Where are there? This sure wasn’t planned out very well for the taxpayers of PC.
pat says
If the City of Palm coast is so concerned about the citizens of Palm Coast,
WHERE THE HECK IS MY NEW BIN????
Its been TWO months without a recycle bin!
Multiply that by 93,000 residents and that’s a whole lot of recycling wasted!
Jimbo99 says
What did the legal representation end up amounting to for this settlement as a final cost solution to Palm Coast taxpayers ? Waste Pro got paid the remainder of the contract run-out for their services, avoided the fines, but lawyers for Palm Coast were compensated for billable hours ?
Calm Poast says
Quite shocking. I would’ve thought the titmouse of a city manager and the camp counselor assistant manager we have would’ve come away with a win on this one. This town has become a joke. Time to dissolve the city charter.
Land of no turn signals says says
Has the city ever won a lawsuit?
Purveyor of Truth says
Palm Coast blinked.
God of trash... says
It was Waste Pros bins from the start. The City once again has no management that knew what to do so they do as usual. Cost us more money.
The City will never learn!
The Truth says
Congratulations on wasting our tax dollars for nothing. What a joke
TR says
Wow the city council must have realized they would have lost if this stupid law suit ever went to court.
It’s been over a month and the new company has missed recycling bin pick ups twice on my street. I wonder how they can pick up 35 bins and miss one in the middle of the street? Not to mention the truck driver has ran over my grass twice while it was wet and left a rut in my lawn. Pay more and get bad service is the theme for PC.
Duncan says
I was hoping Palm Coast would stay the course and prevail; it seems like a final “f-u” gesture by Waste Pro.
Waste Pro is a second rate sanitation company in my opinion. They are unsafe and careless; I have observed them run up and down A1A for years now, leaving trash all over the sides of the road after as they make their pickups, especially on recycling days.
If anything falls out of the bin when carrying it, they leave it. On more than one occasion, I have seen the drivers speed off when one of the other crew (presumably new crew members) try to pick up trash they dropped. Once I tried to stop them and was yelling at the crew member, who was trying to engage me, and the driver just drove off, leaving the crew member running to catch the truck.
Despicable, that the company hired to haul away and dispose of trash is the source of so much roadside trash.
I was hoping Flagler County would drop them.
Atwp says
If you owe a person please pay them. Was Palm Coast trying to keep the money for the greedy Republican Leaders?
Joseph Barand says
Sounds like someone in the city once again got a big payoff. How could the city be so adamant accuse WP of Wong doing, wasting time and resources and then crumble.
My 2 cents says
Did you use the City of Palm Coast’s website to request one? You have to request one to get one, correct me if I’m wrong, but that’s what I saw. It is – in my opinion – NOT well advertised and sort of a hustle on the residents part to make it happen.
Go to https://www.palmcoast.gov/Connect and once there… “Once on the site, select “Create a Case” > “Trash” > “Recycling” > “Recycling Bin Replacement (bin was removed).” Per the City.
Krissi faith says
Drop all claims? Waste Pro won out. Lol. Such a twisted perspective. Now we Palm Coast City folks have more burdens financially? This whole thing was a tit for tat. It is sad that this even happened. Aug 1st city council meeting is going to be slap full of upset folks.
oldtimer says
I went on the city website 7 weeks ago to request a new bin…… still waiting. This was a soup sandwich from the beginning. I guess my recycling will have to go in the trash
TR says
Don’t worry about it. Just put it out with your regular trash because it all goes to the dame place anyway.
TR says
No, they were trying to keep it to line the Democrats pockets.
blerbfamilyfive says
Yeah, still waiting for a recycle bin from the new company. Just went and bought one.
Irritated individual says
I can tell you I have now added 3 requests. No reply nor any updates. The first request was removed from the site 2 and 3 are still showing, but no updates.
I doubt I will see a bin this year or ever.
Annoyed says
I still have not received my bin, I filed a case two months ago. It was closed without a bin. When I call I get different answers. How hard is it to give out a bin?
T Randy Jones says
If you read the contract (I have) between the City and the new Contractor, every “new” customer is to receive a new bin. That contract defines “new” customer as anyone that was not receiving services from the Contractor prior to execution of the contract. Why has the new Contractor not fulfilled their contractual obligation and why has our Government not enforced the terms of the contract? Seems like the People may be able to sustain a class-action against the Government for misappropriation of corporate assets unless ALL new customers immediately receive a bin from the new Contractor.
Atwp says
People try calling the city. I called and received my bin in my about 2 was.
Ed says
I have requested this twice in 2 mo. And no answers not even, hey guy we are on it.. nothing I used the PC online service and NOTHING.
Tired of it says
Well, the new company is doing exactly that. All along my street last week….trash dropped from the truck. Missed pick ups. Trash cans thrown in the swale. We jumped from the frying pan into the fire.
T Randy Jones says
The ONLY reason the City wants you to call is so they could FINE WastePro for taking your bin. This is now moot. The new Contractor is obligated by the terms of their contract with the City to provide BINS to ALL customers. See my post above.
Palmcoaster says
Our city manager and her favorite chief of staff aka community development are responsible for this waste of our hard earned taxes since out of the blue decided not to accept Waste Pro lowest bid…a travesty voted yes by then council alfin klufas danko and the two no longer there.
TR says
Now that this deal is over. I wonder what Waste Pro will do about the bins they did not pick up? Every Fri. (which is the day for recycle pick up in my area) I see a lot of recycle bins with waste pro’s name on them.
Celia Pugliese says
Looks like you missed the report that the city paid over $112,000 for new bins? Which money you think they used? Also this was the works of bid selective maneuvers by city community development and manager reported by the media News Journal: Waste Pro initially submitted the lowest price at $32.33 to continue collecting in the city, which was lower than FCC’s initial price of $34.64. A third company, GFL, offered a price of $38 and was eliminated at the outset.
City staff rated FCC as the overall better proposal and entered negotiations with FCC, which then lowered its price to $32.12. https://www.news-journalonline.com/story/news/2022/07/08/palm-coast-hires-new-garbage-hauler-despite-waste-pro-workers-pleas/10006483002/