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South Bend Redevelopment Commission <br />Regular Meeting –February 19, 2010 <br /> <br />Mr. DaMar Benford <br />Mr. Richard Rufus <br />Mr. Ronald Phelps <br /> <br /> <br />2. APPROVAL OF MINUTES <br /> <br />A. Approval of Minutes of the Regular Meeting of <br />Friday, February 5, 2010. <br /> <br />Mr. Varner referred to page 22 of the February 5, <br />2010 Meeting Minutes which pertained to the <br />discussion of Ms. Kolata’s item asking the <br />Commission to approve a settlement with Chartis <br />Insurers, which terms were confidential. Mr. <br />Varner took issue with asking the Commission to <br />approve something, sight unseen. He spoke with <br />Mr. Leone following the meeting and got some <br />clarification. Mr. Varner asked Mr. Leone now to <br />explain the situation further in this public setting. <br /> <br />Mr. Leone noted that the subject matter had to do <br />with the settlement of certain environmental claims <br />with some insurers, companies that were in <br />bankruptcy in a case that is pending in Houston, <br />Texas. The Settlement Agreement that was signed <br />has a confidentiality clause in it which is typical in <br />these kinds of settlements. But, there is also <br />language in the agreement that says that the <br />confidentiality provision does not supersede <br />Indiana law which allows for discovery of certain <br />public records. So, that now is available to <br />anybody who does want to see the content of the <br />settlement, including the monies that are received. <br /> <br />Mr. Varner clarified, then, that the terms are not <br />privileged information. Mr. Leone agreed. The <br />information is discoverable through appropriate <br />channels, namely the Freedom of Information Act. <br /> <br />CM <br />Upon a motion by Mr. Downes, seconded by Ms. <br />OMMISSION APPROVED THE INUTES OF THE <br />RMF,F, <br />EGULAR EETING OF RIDAY EBRUARY <br />King and unanimously carried, the Commission <br />2010 <br />approved the Minutes of the Regular Meeting of <br />Friday, February 5, 2010. <br /> 2 <br /> <br />