Posted by: nevadansagainstgarbage | July 5, 2012

ASSESSING THE PROPOSED SETTLEMENT RESOLUTION BETWEEN JUNGO AND HUMBOLDT COUNTY

The following assessment is offered to our readers with this caveat….we are not lawyers! We make this assessment based on our observations, common sense, and our limited understanding of the law. It is very important that each and every one of you read, understand, and form your own conclusions regarding this proposal, or, as the case may be, form your own questions.

After looking over this Proposed Settlement Agreement, three major items stand out.

1. The commissioners are being asked to vote on a matter in which they have a special interest in the outcome. If they vote in favor of the proposal, then it appears that magically the lawsuits brought by Recology against the commissioners as INDIVIDUALS just goes away. In our opinion, these individual suits should never have been allowed since no one will want to run for public office if they can be sued whenever someone doesn’t get their way.
If the commissioners vote against this settlement based on a true representation of voters wishes as reflected by the 70% initiative approval, then most likely the lawsuits and legal wrangling will resume. Insurance pool lawyers will disappear and the county will have to hire an expert legal team to represent them (which probably should have been done in the first place).

SOLUTION: The only correct thing for the commissioners to do in this case is recuse themselves as they stand to gain personally from this vote and have a conflict of interest.

2. The commissioners are being asked to set aside a 70% voter approved initiative that sets limits on any second landfill in Humboldt County. This initiative was the only oversight action available to the citizens of this county. The RPC is an appointed, unelected board. The Humboldt County Board of Commissioners was found to have no review of this RPC decision. Now Recology is asking the Board to break the law and declare the initiative as not applying to Jungo as long as their CUP is current. The law states:

NRS 295.180  Effect of approval or disapproval of majority of registered voters.
1.  When a majority of the registered voters of the county voting upon the question submitted, by their vote, approve the act or resolution, it is the law of the State, and may not be repealed, overruled, annulled, set aside or in any way made inoperative, except by a direct vote of the registered voters of that county.
2.  When a majority of the registered voters of that county voting upon the question submitted disapproves, the act or resolution is void.
(Added to NRS by 1960, 281; A 1987, 1374)

Solution: The commissioners cannot vote to declare the initiative as not applicable to Jungo for to do so would be illegal in our opinion and beyond the scope of their authority.

3. County agrees to negotiate a host agreement in good faith on commercially reasonable terms and will not use the host agreement negotiations to add to or revise the terms of the CUP. Pay good attention to the phrase “commercially reasonable”. We think that means Humboldt County uses the Recology Business Model in all its facts, figures, etc. in order to make this a profitable venture for Recology. They don’t say “on industry average terms and conditions”, or “based on regional or West Coast industry norms”. No, they say based on what’s commercially reasonable (to them, based on the facts and figures we expect they will supply). And, if Humboldt County puts up any kind of fuss, Humboldt County can expect to find itself right back in court. Bottom line, Humboldt County will have no basis for negotiations of any kind. Recology will shove any host agreement down our throats just like they have this entire dump.
Resolution 4 states that the county will pay Recology $225,000, but does not specifically state what Humboldt County gets in return. In fact, this entire Resolution is all about what the county has to do. It really does not appear that Jungo has any requirements on them at all. We question this.

SOLUTION: CALL YOUR COMMISSIONERS, WRITE THEM, AND SHOW UP JULY 9 AT 3PM TO MAKE SURE YOUR VOICES AND WISHES ARE HEARD REGARDING THIS PROPOSED SETTLEMENT. BRING YOUR NEIGHBORS, FRIENDS, AND ANYONE WHO CARES ABOUT THE FUTURE OF HUMBOLDT COUNTY. THIS IS IN YOUR HANDS NOW. EITHER BE PREPARED TO LIVE WITH THIS COMPANY AND THIS DUMP, OR SHOW UP AND TAKE OWNERSHIP OF YOUR FUTURE AND JUST SAY NO! IT’S UP TO YOU.

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