From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.

com]
Sent: Sunday, January 03, 2010 9:26 PM
To: Safford, Joseph; harden; Commissioner Fetzer
Cc: kevin Warner; shelly petrolia; chuck halberg; gordon wright; bob Wiebelt
Subject: Re: WM Underpayments Report Card--Update

Messrs. Harden, Fetzer, and Safford:

In the 12/31/09 email below with neither an apology nor an explanation, WM admits that they paid -$0in C&D for Sept. 2008 and owes the City $10,841.51 in Franchise Fees (from approximately 120
customers). So, their "Underpayments Report Card" now stands at:
"During the 18 month service period of Jul. 2007 through Dec. 2008, WM under remitted to the City
13 times for a total of $52,989.12!"
Good thing I persisted with this investigation after Mr. Safford wanted to prematurely close it out on his
Dec. 9th email and I quote:
"We (the City) are comfortable that we have analyzed sufficient detail to confirm that we are
receiving the correct amount of franchise fees and administrative fees from
WM. We are
recommending closing this issue...I wish to thank you for your diligence in questioning these franchise
fee issues."
There is still a lot of work to do to get to the bottom of WM's transgressions in its trash dealings with the
City. There are numerous other issues. In the meantime, the City should write WM stating its
performance has been shameful and deplorable. Furthermore, the City should put WM on notice that it
expects WM's full cooperation to coordinate with the City in the development of timely, informative
reports, in detail and summary, to enable City personnel to ensure the accuracy and completeness of
commercial franchise fee revenues. Anything less could result in this embarassing situation happening
again.
Mr. Harden, I still await the meeting Commissioner Fetzer requested in emails to you on 12/17 and
again on 12/19.
From: "Safford, Joseph" <Safford@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Cc: "Harden, David" <Harden@mydelraybeach.com>; "Fetzer, Fred" <fetzer@mydelraybeach.com>
Sent: Thu, December 31, 2009 12:33:09 PM
Subject: FW:

Ken,
Success. WM is going to be sending us $10,841.51 for the September, 2008 C&D accounts that they
missed.

From: Carter, Harold [mailto:HCarter@wm.com]

Sent: Thursday, December 31, 2009 11:55 AM
To: Safford, Joseph
Subject: RE:

Yes, we did not pay the City the Franchise Fee for Temp Roll-off for the month of September 2008.
The outstanding balance is $10,841.51
I have included the file for your information.
The check request will be processed and the payment should be made to the City in January.
Thanks Joe,

Harold "Butch" Carter,

Government Affairs Manager
Waste Management Inc. of Florida
2700 N.W. 48th Street
Pompano Beach, FL 33073
561-322-5528 cell phone
hcarter@wm.com
From: Safford, Joseph [mailto:Safford@mydelraybeach.com]
Sent: Thursday, December 31, 2009 10:32 AM
To: Carter, Harold
Subject:

Butch,
Have you any kind of status report on the September, 2008 C&D containers that were apparently
missing from our franchise fees for that month?

Waste Management recycles enough paper every year to save 41 million trees. By
not printing this email, you can help save even more.

Hauler
Liquidated
Damage
Assessments

Oct-13
Nov-13
Dec-13
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-14
Aug-14
Sep-14
2013-2014
YTD Totals

Advanced
$0
$300
$600
$0
$200
$2,800
$400
$400
$4,200
$7,200
$600
$1,400

Republic
$0
$200
$4,200
$4,100
$3,300
$1,300
$2,400
$200
$400
$1,000
$1,800
$3,400

$18,100

$22,300

$0
$100
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0

Waste Pro
$0
$700
$800
$200
$2,100
$2,600
$3,600
$1,400
$1,000
$3,200
$800
$1,200

Monthly
Totals
$0
$1,300
$5,600
$4,300
$5,600
$6,700
$6,400
$2,000
$5,600
$11,400
$3,200
$6,000

$100

$17,600

$58,100

SWS

Exhibit. A
Components of the Net Amount Due From (To) WM as of March 31, 2010
Description

1)- WM overcharges for the service months of 4/05 through 7/09 (52 mos.)
2)- Estimated WM overcharges for the service months of 10/03 through 3/05 (18 mos.)

$ Amount

$ 287,657
70,000

(Estimated because Staff didnt perform the recalculations based on Mr. Shutts 5 year
Statute of Limitation Opinion)
3)-

Total WM Overcharges ( or City Overpayments)

_________
357,657

4)- WM undercharges from Aug. 09 through Mar.10 (8 mos.)

(44,771)

5)

312,886

Total WM Overcharges (78 mos.)Net

Adjustments
6)- Loss due to Statute of Limitations Opinion (See #2 above)

(70,000)*

7)- Dec. 05 WM invoice intentionally not paid now deemed payable by Staff

(177,926)*

8)- WMs failure to invoice for 5 years (2005-2009) for some Pelican Can service
(discovered by WM and brought to the Citys attention in July 2010)
9)-

Net Amount Due from WM as 3/31/10

10)- Open Item- WMs request to reclassify service retro for Villa DEste (est.)
11)-

Possible Amount (Due to) WM as of 3/31/10

*-Mr. MacNamee does not agree with nor accept the Citys (tentative?) position on this matter.

(38,801)
_________
26,159
(40,000)*
$ (13,841)

SUN SENTINEL ARTICLE APRIL 2012

Waste Management Inc.will pay a more than $700,000 penalty for trucking Boca Raton
trash to Broward County instead of hauling it to the Palm Beach County landfill.
A settlement reached Wednesday with the Palm Beach County Solid Waste Authority
allows the company to pay an increased fine and keep its contract to collect trash in Boca
Raton and neighborhoods outside city limits.
The company still faces an inquiry by the county inspector general, a watchdog for local
government.
Related
Delray Beach trash deal with Waste Management Inc. questioned

"It was a mistake. It should not have happened," Waste Management spokeswoman
Dawn McCormick said.
About 8,440 tons of trash collected by Waste Management in the Boca Raton-area was
diverted to Broward County disposal sites between October 2008 and April 2011,
according to the authority.
Determining how much local trash went to Broward County was hampered by not having
all the records for previous years, according to the authority.
McCormick said only about .6 percent of the more than 3 million tons of trash that Waste
Management handled from that area between 2004 and 2011was taken to Broward
County.
Waste Management haulers sometimes took Boca Raton trash to the company's disposal
site in Pompano Beach instead of the Palm Beach County's disposal facilities.
While that sometimes occurred on holidays or weekends, when county facilities were
closed, Waste Management acknowledged that it also happened on weekdays when its
drivers chose closer disposal sites in Broward County.
Waste Management's contract required it to haul to Palm Beach County disposal
facilities, where it pays a dumping fee.
The Solid Waste Authority lost an estimated $303,544 in fees between October 2008 and
April 2011 due to the redirected trash.
Prior to 2008, the authority estimates, it lost at least another $314,496 due to Waste
Management taking Boca-area trash to Broward County.
Palm Beach county commissioners, who double as the board of directors for the Solid
Waste Authority, on Wednesday unanimously agreed to settle the dispute with Waste
Management before the inspector general completes an inquiry.
County activist Alex Larson called the settlement "disturbing."
"Do we know how many tons (of trash) really happened? No," Larson said.
Commissioners said the settlement doesn't stop the inspector general from continuing to

investigate. If more is revealed, further actions could be taken.

The $719,340.27 settlement goes beyond the $75,000 penalty allowed in the Waste
Management contract. Beyond the fine, the contract also allowed for revoking Waste
Management's deal to collect in Boca Raton.
"We probably would have ended up spending more to get less," County Commissioner
Steven Abrams, Solid Waste Authority chairman, said about reaching settlement instead
of going to court. "This was a good settlement."
County Inspector General Sheryl Steckler said her review goes beyond why some of the
trash Waste Management collected was delivered to the wrong place.
"There's a lot that we are looking at," said Steckler, who in February started her ongoing
review of Waste Management's work in Boca Raton. "We do have some questions to
make sure the county is getting what they paid for."
abreid@tribune.com, 561-228-5504 or Twitter@abreidnews