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The Palm Coast City Council on Tuesday seemed to have briefly jackknifed its own administration’s and legal team’s negotiations in the ongoing dispute with Waste Pro, the garbage hauler.
The contract with Waste Pro ended on May 31. FCC Environmental is now the city’s garbage hauler and recycler. In the last week of Waste Pro’s contract, Waste Pro collected residents’ Waste Pro-imprinted recycling bins, telling the city that it owned the bins, not the city. The city disagrees. A dispute arose. It’s not resolved. The city is charging Waste Pro fines for every disappeared bin, and threatening a law suit. Waste Pro is also threatening a law suit.
Meanwhile, the city is tabulating whose bins have been disappeared, and replacing them on request.
On Tuesday, Council member Ed Danko brought up the issue, saying he’d heard his share of complaints over the recycling bins, but then taking a position that was openly contradicting the city administration’s and legal department’s approach on an operational matter that does not, so far, involve the council–but may soon need that direction.
Danko instead directly undermined the legal department’s strategy by revealing that he was not interested in litigation against Waste Pro, and seeking council consensus on that. The attorney likely had not expected the broadside, and was not thrilled about it.
“The one thing I don’t want to see us getting into is a legal battle over these recycling bins,” Danko, who’s had friendly relations with Waste Pro, said, before turning to Bill Reischmann, the city attorney, with an inelegant aside. “I mean, sorry, Bill, but you’re the guy who’s going to make out. Not us. Lawyers win when in these types of things, not our citizens. I think we’re moving forward with our new vendor. I wish them the best. But I think that we need to not get into some sort of legal battle that could possibly have us pitted against a large garbage company and just end up in court and spend a lot of money over these recycling bins. And I’d like to get a consensus on that, that that’s not the direction we want to go. Maybe you guys want to go in that direction. But I don’t.”
Danko isn’t exactly alone on the matter. Waste Pro had its following in Palm Coast, and the city has been taking some criticism over the dispute. But so has Waste Pro.
Mayor David Alfin suggested that these conversations take place individually, with the city manager. Of course, that would be inappropriate, as Reischmann noted, “because she could be acting as a conduit by counting votes.” He said the council may not hold these conversations out of sunshine.
Reischmann, in a prodigal role Tuesday–Neysa Borkert has been the lead attorney for the city and in negotiations with Waste Pro–separated the two issues in play: who owns the bins FCC is distributing, and whether it has the contractual obligation to replace the bins Waste Pro took.
He said the city’s first priority is to replace the missing bins. Those efforts are ongoing. The second priority requires direction from the council, since the first priority may cost money. “There’s going to be some expenses that the city has already incurred and may incur in the future,” Reischmann said. Those expenses will be incurred “whether or not we intend to bring a claim against Waste Pro.”
He cautioned Danko, or the council in general, against taking that negotiating tool away from his office and the administration. “If you want us to do the best possible job to try to make the city whole for its expenses then we need as many tools as we can,” Reischmann said. He described the issue as a “moving target,” with numerous possibilities ahead. The city could withhold payments from Waste pro. It could face a lawsuit. It could settle.
The council may legally hold a so-called “shade” meeting, out of public view, in rare circumstances. Those include when it needs to discuss strategy in an ongoing lawsuit. There is no lawsuit yet. Until then, all discussions as a council must be held in the open.
“It’s problematic to discuss the possibilities from here because companies listen to these discussions,” Council member Theresa Pontieri said, “similar to other contracts that have gone bad that I know you’re familiar with. And so when we discuss these things from here, it almost gives the private enterprises an edge. So I would just say that generally speaking, I think we’re all of the opinion that we want to stay out of court. We want to protect tax dollars for our residents. So I think that’s the best general kind of place, to leave it without showing our cards.”
Whether in a subsequent closed one-on-one meeting or at council, Pontieri also asked for Matthew Mancill, the public works director, “or somebody else to have an opportunity to maybe discuss that clause of contract.”
“No. I have a problem with that,” Mayor David Alfin said. “I’m not willing to ask staff to come up and start giving legal opinions on a contract.”
“I don’t think it’s legal opinion. It’s what it says about the bins,” Pontieri said.
There was no resolution on that matter. Council members stressed the focus on ensuring normal service for residents. He said the city has more than 1,000 bins available to residents.
City Manager Denise Bevan said residents can go through the website for a streamline way of acquiring bins. It’s quite simple: click here, then enter your address and follow the steps. That’s for new customers or existing customers.
When or how council members will discuss net steps in the city’s dispute with the hauler is unclear.
jeffery seib says
So, because one city council member is opposed to any further actions, including any, expensive to the city, legal actions on the garbage bins it’s alright to meet with the city attorney in private, out of the sunshine. In my opinion they already do enough wheeling and dealing out of public view and Palm Coast residents are always the last to know anything only when we are told. The city has two attorneys on the staff and one further city council member who has gone to law school, and this is the deal they worked up with Waste Pro? Why wasn’t the issue with who owns the recycling bins thought of by one of these three ‘lawyers’ and included in the legal document terminating Waste Pro services? It appears to me that none of the city council know who they are working for, it’s us, ‘we the people’.
Mark says
“Meanwhile, the city is tabulating whose bins have been disappeared, and replacing them on request.” , “He said the city has more than 1,000 bins available to residents.”
Really????
This is the response I received from Palm Coast Connect into my inquiry about getting new bins on May 26th:
“Thank you for contacting the City of Palm Coast. Your request has been received and we will update you when the request has been resolved.”
Still nothing as of today. No recycle bins, no EV charging stations, just build build build. I can at least see this is where green goes to die.
My bins! says
I think the city council members are too corrupt to do anything against waste pro stealing our bins. I think Morgan and Morgan should represent every person who filed a complaint in a class action lawsuit.
There is one set of laws in this country…
me says
I agree. Waste Pro took my recycle bins and haven’t received a new one yet. Last Friday I witnessed the new company throwing trash and recyle into the same truck So this new company isn’t following recyle agreement they made with the City of Palm Coast.
City Counsel needs to resolve this or else you all need to go find other professions.
As usual the taxpayers are paying the price for the City of PC mistakes in switching companies.
Romuald Flieger says
Hi there, they should have left waste pro it was never broken. Never heard of bidding where the lowest bidder was waste pro, but then the amount was shared with the other company and asked if they do for that amount. I have never heard of this kind of bidding in a municipal, or government agency. I work at a company that used municipal, government monies. And that was a no,no. Now wasting money on recycle bins with waste pro logo. Just doesn’t make sense.
We need an Expose' says
Flagler live should do an investigative piece, toss an inexpensive Apple Air tag in a old gallon milk jug and see where it ends up. I got $5 Bucks gentlemen’s bet it goes to the landfill and stops there.
FlaglerLive says
Not a bad idea at all.
Damien says
The implications IF that air tag stays put and never gets baled up and shipped via container overseas to China (Who stopped buying foreign waste plastic 5 years ago) or India? That means they are charging us for 3 runs per week when these waste plastics could easily be picked up on the two regular trash days since its all going to the same place anyway. The garbage truck gross weight is 51,000 pounds so 21.5 tons I looked it up It costs the same to run these diesel guzzlers up and down every street in Palm Coast whether its hauling trash or recyclables. Just think of the wasted time in years of every household sorting their garbage, rinsing out their garbage, Hell I know a lot of people actually wash their garbage as they dont want to attract insects.
I think the plastics are definitely discarded into the landfill as its not as simple as melting all the plastic waste into one big pot and making new plastic items. There are hundreds of petro-chemical formulas and they dont mix well with each other. This means each piece of trash must be individually handled and sorted by a human worker. Who knows someone who does this work in Palm Coast? I bet no one.
Its possible they separate aluminum as it still has value and can easily be melted into aluminum ingots for re-use. Steel is easy to sort as it will stick to magnets, Ive seen conveyor belts with large magnetic drums that steel objects like soup cans stick to and a blade up top skims off the steel items and direct into a bin, but paper can be waxy like tetra packs, magazines are printed with harmful dies, these paper waste items also needs expensive manual sorting. Glass I doubt has much value, you cant sell glass or plastic bottles at John’s recycling yard in Bunnell, so I wonder where your old wine bottle goes?
So my bet is they maybe sort out the aluminum cans and the rest is tossed in the landfill with the trash. IF that is what in fact is actually going on, we need to seriously re-think Wednesday’s recycling run, the need for expensive custom new bins and all our wasted time rinsing/sorting our trash.
Mark says
Go to FCC’s website and click on recycling, seems they have a big operation for recycling.
Christopher says
They were throwing the recycling in with the regular trash in the trucks last week, sure didn’t look like they were separating recycling.
What did Danko say now...... says
Danko is bad news wants to get backing with the newly form con-Regional Chamber of Commerce. Look at the key members Waste Pro is one of them along with a big local lawyer that doesn’t care about the residents of Palm Coast. Danko tried to talk Waste Pro up but their service below the standard.
Don’t vote for Danko he is the issue on this Coucil and will be if he runs elsewhere.
Vote no to Danko!
Atwp says
Correct me if I’m wrong. The city of Palm Coast is governed by Republicans. O no wonder there is a big todo about the bins. That’s right the state of Florida is governed by Republicans. I see why the city, and state is in such a big mess. Look at the former President. Now some of the Republicans are saying Florida doesn’t have enough workers, that is great. Perhaps some of the Republicans can get off their lazy, greedy, lying butts and do some work. The 24 election may better for the Democrats than I thought it would be. The 22 election was. The Republicans said they would have a red wave, a tidal wave, a tsunami, during the 22 election, they were kicked, laughed at, and made themselves look like the dumb fools they are. Look at the former President, he isn’t smart. Had a recorded conversation about documents he said he didn’t have, he had them. Republicans are the worst, look at Desantis and Trump. Don’t forget Katie Hobbs. They make me laugh because they are crazy and white. I just love when a certain group of people make themselves look very unwise.
JimBob says
The hardest part of practicing law has always been minimizing the stupidity of one’s clients!
Traffic Snafu says
I’m not concerned so much about recycle bins as I am about the horrendous traffic here. Can we prioritize please?!?!?
Land of no turn signals says says
Danko is correct for once Lawyers always win.
Protonbeam says
What do we expect – there may be good intention but no competence at city hall – an environment manager was made city a manger amid controversy and her greatest accomplishment has been pandering to employees
Meanwhile dirty danko fancies himself a trump clone – without the indictments – so far anyway
Dennis C Rathsam says
Like our country…..Palm Coast is going in the wrong direction! Its unbelieveable my water & sewer bill is higher than my electric bill.
Celia Pugliese says
Ridiculous is because the utility enterprise been used for cash cow on not intended items. Like widening of OKR south to benefit Town Center and the purchase of all the private properties of Boulder Rocks and its infrastructure to benefit same…Also a 22 million sewer treatment plant at the north end of Palm Coast off Rte 1 that is not serving other than the new approved over 6,000 units in north Palm Coast,. benefitting developers. If my perception is wrong lest city provide docs to the contrary.
Celia Pugliese says
I had to place a notice on my boxed recyclables for tomorrow 6/12 new recyclables pick up date, that reads “PLEASE DO NOT TAKE MY CARDBOARD BOXES UNTIL YOU DELIVER THE CRCYCLABLE BINS. My request was taken by phone and I am wondering when will materialize. Added blight to the city with colorful and different containers other than bins that the resident forced to use …until when?
Pointieri’s request is correct as was not the lawyer that manipulated the rigged replacement of our excellent Waste Pro and without properly supplying in the first day then FCC, or city recyclable bins. Also for sure is not the fault of excellent Public Works Manager Mr. Mathew Mancill, but the maneuverings of the City Community Development aka Chief of Staff. Mathew just had to do what told or boot! If I am wrong provide documentation to prove me otherwise. Same as the Green Lions fate and the Community Development Chief priding himself of working over two years working to attract the Wawa of all locations in the middle of super crowded Palm Coast Parkway East replacing a perfectly located by ITT beautiful historical professional building with a fuel depot one more in a one block space between a Race Track and a Shell station and the spot zoning of the Harborside changing the original density from 8.7 unit per acre to 22.9 unit per acre and the resort destination that would have created 375 hotel restaurant, bar shops jobs, to a multifamily, no needed ICW water front townhouses. How much idiocy and frivolity while damming to residents city planning, is that? But will be some karma after 2024 for elected and wrong administrators in the city and county. The taxpayers are fed up and will not forget!