GRANDVIEW - A hearing to determine whether or not Dave's Recycling business license could be reinstated following the owner's arrest earlier this month was over almost before it even began.
Dave Nagle, who owns Dave's Recycling, was arrested on March 7 at the business after recyclable materials were stolen from a Grandview business.
Police say that Nagle was informed about the theft and told that one of the items would have that business's name on them.
According to a police summary report that was included in a packet at the hearing that was to take place last night (Monday), an undercover operation ensued, stolen property was delivered to Dave's Recycling and Nagle told the undercover officer he would have to render some of the property unidentifiable before he would accept it.
According to the same summation, the undercover officer did so and Nagle "took it without question."
Prior to the official start of the hearing, City Attorney Jack Maxwell presented Nagle and his attorney with an agreement drafted by the city to allow for the conditional re-instatement of the license.
Nagle, his wife Chrystal and Nagle's attorney Doug Garrison reviewed the agreement, which contained the following conditions:
-Nagle strictly comply with reporting requirements set forth by law.
-Nagle immediately report suspicious attempted sales of materials that appear to be stolen and report as much information as possible regarding the items.
-The police will have the right to request inspection of the records pursuant to state law.
The form also includes a provision that the city can revoke Nagle's business license if the conditions aren't met and in the event of a conviction of criminal law resulting from business operations. Also included is that if there are any future suspensions or a revocation, Nagle will still have the right to appeal.
City council members approved the agreement during a brief meeting.
On the advice of his attorney, Nagle signed the agreement and is able to conduct business in Grandview again.
In the documentation summaries provided by police at the meeting, police contend that they've had trouble with poor record keeping going back as far as June 2004. The summaries indicate that Nagle did call to report incidences of people trying to deliver stolen property, but that poor records were kept and not in compliance with the law.
Several of Nagle's supporters had shown up at what was supposed to be the hearing.
Nagle's friend and Sunnyside Fraternal Order of Eagles Manager Darrell Clampitt said that he feels Nagle's doing the paperwork he's supposed to be doing. He said he feels police need to go after the people filling out the paperwork. Getting the paperwork filled out is a joint process between the person recycling the goods and employees at the business. "They need to go after them instead of coming after Dave so much," he said.
Clampitt added, "Grandview doesn't realize the hardship they've put on the city, the local people, for recycling."
Police Chief Dave Charvet said, "We don't want to see a business close in our community. But we also want businesses to stay on the legitimate side of the law.
"If you're going to be in the recycling business, you need to follow the requirements set forth by law, so if (stolen materials) do come in, we have a tracking process as prescribed by law so we can catch the thieves."
Chrystal Nagle said that last year, Dave's Recycling recycled over two million pounds of materials.
Dave Nagle added, "People don't realize we grossed over half-million dollars last year that went right through Grandview. I think that's a commendable amount to pass through.
"On Earth Day last April, we paid out in excess of $13,000 cash in one day (for recyclable materials)."