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Tuesday, October 05, 2010

Ind. Gov't. - Continuing saga of politics of trash in Lake county

This spring the ILB linked to a NWI Times series on the politics of trash in Lake County.

Bringing you up-to-date:

This Oct. 1, 2010 story by Diane Krieger Spivak of the Gary Post Tribune, headed "Lawyers: County can own bioethanol plant: Taxpayers not liable if county takes ownership of site." A quote:

CROWN POINT -- An Indianapolis law firm has determined that Lake County taxpayers will bear no liability if the county takes ownership of a planned $254 million bioethanol plant.

Lake County Solid Waste Management attorney Cliff Duggan read a release at the district's meeting Thursday night outlining findings by the law firm Barnes and Thornburg.

The district hired the legal firm to determine whether an interlocal agreement turning ownership of the plant over to the county once it opens would leave the county open to liability, either financially or environmentally, as some municipalities had feared.

The firm's legal opinion also determined that the agreement signed between the district and Powers in 2008 does not violate anti-trust or interstate commerce laws in the transportation of garbage from municipalities to the plant for processing into ethanol.

This Oct. 2, 2010 Spivak story that begins:
Earl Powers confirmed Friday that his Evansville-based company Powers Energy LLC has reached an agreement with three Lake County construction firms to build a $254 million garbage-to-ethanol plant in Schneider.

"We agreed to terms, all four of us," Powers said.

Powers Energy sent out a proposed contract by e-mail to the companies Thursday. Powers took representatives of the companies to tour a pilot plant in Fayetteville, Ark., which uses the technology Powers Energy plans to use in its Schneider plant.

The pilot plant is owned by British chemical company Ineos Bio, from which Powers leases its patented process to turn municipal garbage into ethanol.

Powers has an agreement with the Lake County Solid Waste Management District to turn the county's municipal waste into ethanol.

The plant would be owned by the county, but operated and maintained, as well as entirely funded by Powers Energy.

This Oct. 2, 2010 story by Marc Chase in the NWI Times that begins:
The Lake County sheriff filed a formal complaint Friday alleging the county solid waste district is keeping secret what should be public information related to the trash-to-ethanol deal.

Sheriff Rogelio "Roy" Dominguez filed the complaint with the Indiana public access counselor, claiming the Lake County Solid Waste Management District was too vague in justifying why it discussed portions of a public-private contract in a closed executive session last week.

The district held the executive session to discuss a legal opinion by Indianapolis-based law firm Barnes & Thornburg regarding a controversial ownership clause in the contract. Only district board members and officials were allowed to attend.

On Thursday, the district revealed their lawyers recommended taxpayer ownership remain a part of the county's contract with Powers Energy of America, but written details of the opinion were not provided.

In 2008, the district signed a contract in which the county would own a $280 million facility to be built and operated by Powers in Schneider. The facility would process the county's garbage into the fuel alternative ethanol using technology not yet proven on a large commercial scale.

Some municipal leaders have worried that county ownership could open up taxpayers to liability for possible mishaps or financial failures at the facility.

On Friday, Dominguez said taxpayers are entitled to know detailed reasoning for why taxpayers should own the plant and how they would be protected from liability.

"It's really a travesty that details pertaining to the central issue of public ownership or liability -- things the public has a right to know -- are being kept secret," Dominguez said.

Lake County Solid Waste Management District attorney Clifford Duggan said the district was in full compliance with state access laws when it closed the executive session.

This Oct. 2, 2010 story in the Post Tribune by Christin Nance Lazarus that begins:
Lake County Sheriff Roy Dominguez is taking his complaints about a recent executive session held by the Lake County Solid Waste Management District board to the state's Public Access Counselor.

Dominguez alleges in his formal complaint that the board circumvented the state's Open Door Law by not listing the subjects they planned to discuss or details about any pending or threatened litigation.

In the executive session on Sept. 23, the board received legal advice from Barnes and Thornburg about ownership issues and possible lawsuits facing the proposed $254 million garbage-to-ethanol plant, board member Gerry Scheub said.

This Oct. 5, 2010 story by Christine Kraly in the NWI Times - some quotes:
The Lake County Solid Waste Management District did not have adequate justification to hold a closed-door meeting last month, a state public access expert said Monday.

Steve Key, legal counsel for the Hoosier State Press Association, said he did not think the district's rationale for secrecy was enough to shut out the public from a meeting on a taxpayer issue.

"I believe a verbal threat reported on by the newspaper does not trigger the provision that the solid waste district is relying upon to have held an executive session," Key said.

District counsel Clifford Duggan said last week a Sept. 23 meeting of the district governing board was closed under a law protecting meetings to discuss threatened litigation.

Duggan cited a Times story from April in which the National Solid Wastes Management Association said it was considering its legal options based on the county's trash-to-ethanol contract. * * *

In April, the district sought a legal opinion from Barnes & Thornburg, an Indianapolis-based law firm, on the contract's ownership clause, after residents aired concerns over county liability and potential lawsuits over county ownership.

On Sept. 23, the district governing board turned away members of the public from a meeting to discuss the firm's opinion.

"The comments made to the newspaper are not written threats as contemplated by the state Legislature," Key said Monday. "Written claims to a governing body or letters that make a threat of litigation would be the trigger for a possible executive session." * * *

Last week, Lake County Sheriff Rogelio "Roy" Dominguez filed a complaint with the Indiana public access counselor, claiming the district was too vague in justifying the meeting closure. * * *

A response on Dominguez's meeting complaint is expected by Nov. 3, a representative from the access counselor's office said Monday.

Posted by Marcia Oddi on October 5, 2010 08:30 AM
Posted to Indiana Government | Indiana Law