PORT ST. LUCIE – The City Council on April 10 unanimously approved a $24 million settlement with Waste Pro, bringing a five-year legal dispute to a close. The Longwood-based waste hauler was replaced by FCC Environmental Services of Florida in May 2022.
City Attorney Richard Berrios read the settlement resolution into the record followed by a brief description of its contents.
“This is a resolution for the consideration of settling the case that’s gone on since September of 2021, the City of Port St. Lucie v. Waste Pro of Florida, Inc.,” he said. “We have the resolution, a corresponding joint stipulation and order of dismissal before you. The settlement terms are included in that document. It’s a total value of $24 million, laid out as follows: Within 30 days of the entry of the order, Waste Pro will pay the city $21 million. There will be two sets of different installments of $1.5 million due on Jan. 31, 2027 and the 31st of 2028, respectively. There are provisions in this settlement for interest, but there’s also provision for early payment.”
Berrios then gave a nod to the outside legal help he and city staff have received over this half-decade of legal wrangling.
“Incident to this settlement is basically a dismissal of all claims, counter-claims and appeals,” he added.
“Everything is done as a result of this, if the Council approves it. In the audience is Mr. Daniel Abbott from Weiss Serota, our outside counsel in case Council has any nuanced questions on the mechanics of litigation or where we go from here.”
Vice-Mayor Jolien Caraballo was the first Council member to comment afterward.
“I just want to thank our outside legal team, as well as our internal legal team,” she said. “I know this litigation has been difficult and challenging. I want to thank you for your hard work in bringing this forward to Council for consideration.”
Mayor Shannon Martin, who’d gotten a baptism of fire as mayor pro tem in July of 2021 when the litigation began shortly after the resignation of former Mayor Gregory Oraveck, also expressed her gratitude. She won the special election as mayor the following September.
“I would like to thank our outside counsel as well,” she said. “I know you put a lot of hard work into this and we really appreciate it. I’m extremely happy that we’re able to come to this resolution today and close out this chapter for our city, and more importantly, for our residents.”
Councilwoman Stephanie Morgan then made a motion for approval without comment, which was seconded by Councilman Anthony Bonna and passed unanimously.
Waste Pro had been the city’s solid-waste hauler since 2005 with no serious complaints when the Council renewed its contract in 2019. Service interruptions began primarily during the subsequent Coronavirus Pandemic, and to the Council’s chagrin failed to improve as the community began to open back up. On July 13 of 2021, the City Council held a lengthy debate before voting unanimously to incorporate nine items from its garbage, recycling and yard-waste contract with Waste Pro into its own Solid Waste Ordinance in an effort to bring the company into compliance. A prior June 14 discussion on solid-waste service interruptions revealed 1,900 service complaints related to 175 missed or incomplete Waste Pro routes in June of that year alone. During the July discussion, then Vice-Mayor Martin warned residents clamoring to change service providers that continued discussions with Waste Pro were warranted as finding a new company could take a year and potentially “quadruple” their solid-waste collection rates.
By the following March, however, the Council authorized then-City Manager Russ Blackburn to issue an emergency request for proposals to replace the firm, whose officials had already announced a termination of its Port St. Lucie contract within six months. City staff expedited the process with the use of a Solid Waste Task Force composed of citizens and experts in the field, and by May 18, the Council awarded a seven-year, $34.5-million annual contract to Texas-based FCC Environment Services through its Florida Division. The transition had its ups and downs, however, with many residents airing their frustration during subsequent City Council meetings because their rates had jumped from $284 to $423 that year and twice-weekly garbage pickup had dropped to one pickup a week under the new provider.