Guam – Assistant Guam Attorney General Kathy Fokas maintains there is no basis to stay the landfill case, and she is urging District Court Judge Francis Tydingco-Gatewood to reject the stay request filed by Governor’s Legal Counsel Sandra Miller.
In her response, filed this past Friday, Fokas argues that the Governor’s Office has “not presented any credible evidence” to justify any interruption in the ongoing Consent Decree in which the Federal Receiver, GBB, is on the verge of awarding a contract to mitigate the environmental damage done by the Ordot dump.
“The Governor’s Office has merely rehashed the same arguments over and over again,” writes Fokas and the Assistant AG maintains that the “new facts” cited by Miller in her request for a stay are misstatements of the Attorney General’s position.
Miller argues in her stay request that a July 31st Motion for Clarification filed by the AG reveals, for the first time, that the AG believes it owes its duties of loyalty and confidentiality to the Receiver instead of to GovGuam.
And Miller maintains that the Receiver, GBB, and the AG, are claiming the attorney-client privilege with respect to disclosure of the bid estimates for the awarding of the Ordot mitigation contract. “Therefore, the Government does not have meaningful representation in this case,” states Miller.
However, Fokas responds that “the AGO’s Motion for Clarification does not contain any such statements,” and she writes that the Governor’s Legal Counsel has “misconstrued the AGO’s comments in its Motion for Clarification.”
Fokas also points out that Miller’s concerns relating to the costs of mitigating the environmental damage at the Ordot Dump “are moot in light of the Receiver’s Special Report dated September 20, setting forth the bid amounts and cost estimates.”
Black Construction submitted the lowest bid, but the receiver, GBB, is still evaluating all of the bids and has told the Court it expects to announcing the winning bidder “not earlier than October14.” Black’s bid was $40,877,337, about $200-thousand dollars less than the next lowest bid from Core Tech.
The Governor’s Office has become increasing anxious to gain a seat at the table in District Court for the legal counsel of its choice.
Last October, the Superior Court ordered that the former landowners be paid $25.1 million dollars in compensation for the condemnation of their land where the Layon landfill now sits. Only $3.4 million has been set aside to compensate the former land owners, and no source to pay the rest has been identified yet. The balance of $21.7 million has been accumulating interest at the rate of $110-thousand a month. GovGuam wants to use the bond funds to pay that debt.
GBB’s Principal Associate, David Manning, told PNC News on September 18th, that as of March, there was roughly $48-million dollars left in the bond fund and another $17-million in GBB’s account.
Judge Tydingco-Gatewood has set a hearing on Miller’s motion for a stay for this Saturday, October 5th.