Minister Gumbs: Fleming has been working since 2021 without formal agreement, government cannot pay

GREAT BAY--Minister of Public Housing, Spatial Planning, Environment and Infrastructure Patrice Gumbs on Wednesday clarified that Fleming Waste Solutions has been carrying out certain services for St. Maarten since 2021 without a formal agreement with government, a situation he said has created legal and financial obstacles to payment.

The Minister explained that government is not permitted to make payments without the necessary advice, contract or legal basis. He said this requirement has become even stricter since the full implementation of AIMS in January, which now requires all government payments to be processed digitally through the system and no longer physically.

“Government is not allowed to pay without an advice or a contract,” the Minister said. “If there is no legal basis to pay, once the advice gets to Finance, they will not pay. Contracts must be formalized.”

“Fleming has been carrying out these services without a contract since 2021,” Minister Gumbs said. “Since taking office, I have been in discussion with Mr. Fleming on establishing a proper agreement, which would provide both him and government legal and financial protection.”

The Minister’s comments follow public statements by Fleming Waste Solutions owner Derrick Fleming, who said his company has not been paid by government, through the Ministry of VROMI, for five months for work connected to landfill operations. Fleming has pointed to the financial pressure created by the delay, including obligations related to fuel, taxes, salaries, equipment and other operating costs.

Minister Gumbs said he understands Fleming’s position and the financial strain delayed payments can cause. However, he stressed that the issue is not a refusal or unwillingness to pay, but the manner in which the services were entered into in the first place.

According to the Minister, the full use of AIMS has also exposed gaps in past administrative practices. He said the Ministry of VROMI held retraining in March because, unlike some other ministries, AIMS was not widely used throughout the ministry. That transition, he acknowledged, has caused some disruption.

The Minister also made a distinction between contracted and non-contracted work. He said Fleming’s contracted work has been and continues to be paid, while payments for non-contracted work may encounter delays because additional processing is required.

“On the contrary, Mr. Fleming’s contracted work has been and continues to be paid,” Minister Gumbs said. “The delayed payments have nothing to do with unwillingness to pay, but with the manner in which Mr. Fleming’s services were entered into in the first place in 2021.”

Minister Gumbs said the Ministry of VROMI met with Fleming Waste Solutions as recently as last Tuesday on this very issue. He said discussions are ongoing to establish an agreement that properly protects both the contractor and government.

“Negotiations to find a solution to solve this very problem are ongoing,” he said. “As with every negotiation, they are entered into in good faith.”

Fleming Waste Solutions performs critical work connected to landfill operations under difficult conditions, including work around heavy equipment, waste, debris, flies, dirt and intense heat. Fleming has publicly stated that he continues to carry out the work with pride, but that his company must also meet payroll, fuel costs, taxes and equipment-related obligations.

The matter has drawn public attention because it is not the first time payment concerns involving Fleming Waste Solutions have surfaced. In November 2025, landfill operations were disrupted after the company protested long-outstanding invoices dating back to 2024. At that time, Fleming said an agreement had been reached with government and that he would hold officials to their word.

Minister Gumbs said the current situation reflects a broader need for government to become more accountable in how it manages public funds and contractual obligations. He stressed that short-term fixes are not enough and that government cannot continue operating in ways that create the same problems in future years.

“Rome wasn’t built in a fiscal year, and short-term fixes are not fixes,” the Minister said. “I do hope we can come to an agreement shortly, and that the issue of contractors working without a formal contract all of these years can be resolved.”

He added that government must be more responsible with public money and avoid repeating the same structural mistakes.

“We have to be more accountable with how we spend our tax dollars. This is part of the change toward that accountability,” Minister Gumbs said. “We cannot find ourselves in the same place in 2028. We cannot continue to govern like our focus is winning votes for an election.”

‍