Dayco Files Court Complaint Against Walton County
Last January Walton County contacted the garbage collection service provider for the north Walton area, Dayco, and said a review of the customer list shows an overbilling. Walton told Dayco the Freeport based company owes the county over half a million dollars. Dayco eventually responded with a court complaint showing why they believe they are not liable for the money.
The company says they have maintained a customer list for years and the county has not questioned it. They also say the contract with the county does not stipulate the criteria for the definition of customers. Dayco maintains they do not owe Walton and feels Walton may even owe them. The company says, if the contract with the county is ended, it will cause harm to Dayco. Walton reportedly will end its contract with Dayco on August 15.
WZEP First News obtained a copy of Dayco’s complaint as filed with the court. The complaint notes that Steve Willis, counsel for Dayco, corresponded with George Ralph Miller, the attorney working with Walton. In the correspondence, Willis stated Dayco believed the County was attempting to wrongfully terminate the franchise agreement and award it to another garbage collection service provider, particularly Emerald Waste Services.
According to the court complaint, Dayco submitted the monthly invoices and claims Walton County breached the agreement by refusing to pay Dayco for all the households served in February, March and April of this year. Dayco claims it has suffered damages. The breach of contract is the first count in the complaint.
The second count listed in the complaint says the franchise agreement between Dayco and Walton is enforceable. They say Dayco is not at fault in its performance and has not violated the agreement. They say they have operated in a timely manner. The garbage company claims they became contractually insecure after the letter from the county and what they claim is the County’s failure to respond to a request for written assurances. Dayco demands judgment against Walton.
The third count is for a Declaratory Judgment for compensation based upon the number of residences served. The complaint says the County does not indicate any manner how the number is to be derived. Dayco also says they can amend the previous invoices. Count four talks about Dayco submitting invoices for fifteen years and the County approving the list, saying the company relied on the County’s approval of the list and the methodologies in maintaining it. The fifth count asks for the court to take jurisdiction and stop the county from making an claim against Dayco. Count six talks about the county’s claim there has been an overbilling by Dayco and the harm that will be caused if the agreement is stopped.
4:00
PM Call to Order
Approval
of Consent
Agenda TAB
A
1.
Approve Expenditure Approval List (EAL)
2.
Approve Minutes of July 12, 2010 – Special Meeting; July 13, 2010
–
Regular
Meeting and July 15, 2010 – Budget Workshop
3.
Approve
a Resolution to amend the budget for unanticipated revenue for the Darlington
Community Center Renovation Project in the amount of
$10,000
4.
Approve
a Resolution to amend the budget to recognize the cost and reimbursements
associated with completed roadwork projects covered by FEMA for the March 2009
storms in the amount of $2,357,044
5.
Approve
Clerk’s surplus equipment request
6.
Approve
2010 Florida Department of Environmental Protection Funding Resolution for Beach
Nourishment
7.
Approve
to extend current contract with Carr, Riggs and Ingram for one
year
8.
Approve
a letter to be sent to the Northwest Florida Water Management District regarding
Morrison Springs
9.
Approve
the US Department of Interior Joint Funding Agreement for continuing the
hydrologic data collection on the Choctawhatchee River near Bruce and Shoal
River near Mossy Head
Recognition of Youth Ambassadors from Miss Walton County and DeFuniak
Springs
4:05
PM Lyle Seigler, County Administrator TAB B
1.
Citizens
Services
a.
Highway
331 Ribbon Cutting Ceremony
2.
Public
Works
a.
Mountain
Valley Road – Emergency Repair
b.
Long
Road and 8 Mile Cemetery Road – request to waive the standard advertisement in
lieu of the approaching grant deadline
c.
Green
Acres Road Waste Water Treatment Plant (Lucky 13 Truck
Stop)
d.
Christy
Johnson with West Florida Regional Planning Council – FDOT Rural Work Program
Transportation Improvement Needs
3.
Administration
a.
Mike
Standley - Sale of abandoned well site #11 as requested by Regional
Utilities
b.
Adopt
a Preliminary Rate Resolution for the Annual Fire Rescue Services Assessment
Project
4:15
PM Dawn Moliterno, Tourist Development Council
4:20
PM Public Hearing TAB C
1.
Adopt
a Resolution amending the budget by $40,000 from the Section
8
HUD
Fund Reserves for Fiscal Year 2009-2010
4:30
PM Lynn Hoshihara, County Attorney
4:40
PM Commissioner Sara Comander, District Four TAB D
1.
Visioning
– Walton County Down the Road
5:00
PM Public Comments
5:05
PM Gerry Demers, Planning
and Development Services TAB
E
Legislative
Items:
1.
Transportation Map Series EAR Revisions
2.
EAR-Based Amendments
3.
Comprehensive Plan Glossary
4.
Standards for New Mines Ordinance (Adoption Hearing)
Quasi-Judicial
Items:
Fatality
Accident
Around
12:40pm Monday, an accident on 331 near Coy Burgess Rd south took the life of a
Georgia man and sent the female driver to the hospital with serious injuries. As
reported live on WZEP, the couple were traveling north on 331, following a bus
after they attended a conference. The bus had to break suddenly due to traffic
ahead. The driver of a 2006 Suzuki car, 40-year-old Alysia Michelle Coppins of
Columbus, GA, attempted to avoid the bus and traveled into the southbound lane
in front of a 1997 Ford pick-up truck, driven by 53-year-old John Martin of
DeFuniak Springs. The car and truck struck right front to right front. The car’s
passenger, 31-year-old Nicholas T. Powell, also of Columbus, GA, was taken to
the local hospital by Walton Fire Rescue EMS where he was pronounced
dead.
DFS
Council Meeting
As
the DeFuniak Springs City Council met, the architect said they will soon present
the final version of the public space needs study and master plan. The council
was told they are looking at current properties to see how they can be used to
satisfy the space needs. The next space needs meeting will be August
10th at
City
Planner Greg Scoville talked about runoff from U.S. 90 west and
The
Choctawhatchee Military Council asked for a fee waiver of the
Don
Harrison recommended Ben Nelson to replace Howard Rinker who is retiring from
Christmas Reflections.
Joel
Paul with Tri-County Community Council talked about Project Share, a program
that helps people with utilities if they are 200% of poverty and have a
documented crisis. This is a one time a year grant. Paul says they have helped
14 clients. He also said money is starting to come in through donations from
utility customers.
Scarlett
Phaneuf with the Walton Economic Development Alliance gave an update on the
organization. Southern Wine and Spirits has closed on the last parcel in the
industrial park and plans to build a 20,000 square foot building and bring in 16
jobs. She also mentioned the upcoming oil spill workshop. The city will send
someone because of the loss of revenue from decreased traffic. It was noted
business with loss of revenue over the last two years that could be attributed
to the oil spill might want to attend.
Captain
Gandy with the DeFuniak Springs Police told the council there have been several
wrecks, some their fault some not, and asked for additional funds from insurance
payments. Gandy also asked for a loan to purchase items that will be paid by
grants, reimbursing after the purchase.
The
Council approved purchasing basketball goals for
Engineer
City
Manager Kim Kirby asked about an agreement with
The
tentative millage rate of 4.5 mills, the same as many past years, was set. It
will mean the city taking in about $40,000 less for a total of $936,199. The
property tax provides about 1/26th of the total budget. The first
public hearing is set for September 14th.
Under
public comment time it was pointed out high grass is a problem when a home
forecloses or a business shuts down. The city has been trying to contact the
property owners and the report is some will respond and some
don’t.
WZEP News Segment 3
Obituaries
Robert Gordon Plummer, age 78, of DeFuniak Springs, passed away Sunday, July 25. Funeral services will be held Tuesday, July 27 at Davis-Watkins Funeral Home, beginning at 5pm. A time of visitation will be held one hour prior to the service. In lieu of flowers, donations may be made to Chautauqua Rehabilitation and Nursing Center. Memories and condolences may be shared with the family at www.daviswatkins.com. Arrangements and services are under the direction of Davis-Watkins Funeral Home and Crematory.
Christopher Emanuel Richards, age 62, of DeFuniak Springs, passed away Friday, July 16. A celebration of Christopher's life will be held Wednesday, July, 28 in the Chapel of Davis-Watkins Funeral Home, beginning at 2pm. Flowers are being accepted. Interment will be in Barrancas National Cemetery at a later date. Memories and condolences may be shared with the family at www.daviswatkins.com. Arrangements and services are under the direction of Davis-Watkins Funeral Home and Crematory.
Don W. Crenshaw, age 79, passed away Monday, July 26. Arrangements will be announced later by Clary-Glenn Funeral Homes.
Ms. Loretta Boyd, age 70, of Ponce de Leon, passed away Friday, July 23. Funeral services will be held at 2pm, Tuesday at Macedonia Church, 63 Ponderosa Trail, DFS. Burial will follow in the Euchee Valley Cemetery.