GBB to GovGuam: Acquire Landfill Land

Receiver to GovGuam: Acquire landfill land
By Gina Tabonares
Variety News Staff
Monday, April 7, 2008

THE Washington DC-based private company tasked to be the receiver for solid waste operations on Guam has advised GovGuam to work immediately on the acquisition of the land needed for the new landfill.

Gershman, Brickner & Bratton Inc. (GBB) wants GovGuam to get the landfill property including the required land for access roads as soon as possible.

The company has advised the Solid Waste Division of the Department of Public Works to halt additional work on the projects needed to achieve compliance with the Consent Decree, pending completion of their initial review.

In a March 18 letter to Gov. Felix Camacho, GBB said it plans to begin work on the landfill site by mid to late April and would like to meet the governor of Guam.

The letter was published in the new website created by GBB for the Guam project.

When GBB asked to acquire the needed land for the new landfill it did not mention whether it referred to the Dandan property which is still under litigation in the Guam Superior Court.

On March 25, Oxford Properties & Finance through its lawyer Anita Arriola, Joaquin C. Arriola and Douglas F. Cushnie filed a motion to dismiss the government's efforts to condemn the property and argued that the condemnation proceedings have to go through the Legislature or the federal government as required by Guam's eminent domain law. To date, no action has been taken and the 29th Guam Legislature is still looking into the issue as well as the spending of $10 million in Dandan without legislative authorization.

Meanwhile, the appointed receiver is now finishing its complete review of the work already performed by GovGuam to develop a plan that will achieve full compliance with the requirements of the Consent Decree.

Although it has already been appointed as receiver, GBB is still encouraging DPW workers to continue its daily services to the public.

The receiver also assured DPW staff that there is nothing to fear from the receivership.

"We want to work with you, to learn from you and to assure you that you have nothing to fear from the receivership," David L. Manning, GBB representative said.

The company now assumes all of the responsibilities, functions, duties, powers, and authority of GovGuam in solid waste operations.

The two major projects that the receiver needs to achieve are the closure of the Ordot Dump and the creation of a new municipal landfill as identified in a February 11, 2004 Consent Decree.