The Belize City Council owes Belize Waste Control $2 million and this
morning the Chief Justice was going to enforce the judgement – forcing
City Hall to pay up. But that didn’t happen this morning because yesterday,
the new City Councillor in charge of garbage and sanitation Phillip Willoughby
stepped in and brokered an eleventh hour deal with Belize Waste Control. Councillor
Willoughby and Belize Waste Control’s lawyer Fred Lumour told us how they
arrived at an out of court settlement.
Phillip Willoughby, Councillor In Charge of Garbage and Sanitation
“I made an approach, hit the ground running approaching through the
lawyer and the owners of Waste Control and said there must be a workable, doable
outcome, resolution to these problems.”
Fred Lumour, Attorney for Belize Waste Control
“The new Councillor in charge of sanitation, Councillor Willoughby,
approached my clients yesterday and asked that it is time to sit down and discuss
the arbitration award and all other outstanding matters pending between my client
and the council in an amicable manner.”
Phillip Willoughby,
“This is what I made a request of to Mr. Lumour, present to us, to
your knowledge what would be fair payment for the arbitration. I will go back
and I will table, look at what was given to us by Mr. Lumour, look at it with
the council, next week Monday I believe I will be meeting with the Mayor and
the Director of Financial Services, to look at what we can do.”
Keith Swift,
The same Mayor who has been running the city for the last three years is still there. So what makes you guys think that you’re going to get the money
now from her?
Fred Lumour,
“We have a number of ideas. My position as lawyer for Belize Waste
Control is to recommend to Councillor Willoughby for us to be sure that whatever
decision we take this time will be lawful and binding on the City Council.”
Keith Swift,
Councillor, making financial arrangements are good but I believe the reason
why the council hasn’t been paying is because the council doesn’t
have the money. Where is the money going to come from now?
Phillip Willoughby,
“Again, the direction and the forecasting from the Director of Financial
Services, looking at how we allocate the funds, the council has more than one
obligation, more than one fiduciary responsibilities. What I presume will be
made priority would be its obligations to these arbitrations. Mind you now that
it is either we compromise and we work together to clean up the city or we end
up back in the Chief Justice’s Chambers and he makes a ruling.”
Keith Swift,
What would have been the outcome if you hadn’t reached this out of court
settlement, if I can call it that? What would have happened this morning?
Fred Lumour,
“We would have received final judgement. The arbitration award, which
is a little bit over two million dollars, would have been entered as a judgement
of the Supreme Court and then it would give us a chance either to go and level
execution against the assets of the Belize City Council or sell their properties.”
And for the judgement not to end up back in front of the Chief Justice,
both sides have to present a payment arrangement to the court by April 30th.
Councillor Willoughby is also working out a settlement with Belize Maintenance
Limited which the City Council owes $1.9 million. BML was threatening to similarly
take the City Council to court but its owner Lawrence Ellis says he has reconsidered
since Councillor Willoughby has done something no other Councillor has initiate
a conversation.
As it regards Waste Control. The judgement dates back to 2005 when
the City Council lost at arbitration. Waste Control has been trying since then
but has had no luck. The previous councillor in charge of garbage was Wayne
Usher. He and waste control owner Arthur Griffith were publicly at odds.