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Waste Control & City Council Call a Truce
Thu, March 19, 2009

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.

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