Sunday, July 20, 2008

This is how much we are owed!







See quoted text below from deposition of Bruce Wuethrich

Q. Well, these unforeseen things that
Mr. Evans told you came up, how much did that cost
Natural Resources?
A. I do not know.
Bruce Wuethrich
Gibson Court Reporting
865-546-7477
Page 58
Q. How much was the revenue sharing that
John Evans unilaterally agreed not to collect?
A. The calculation I did was in the
magnitude of about 140,000, but I don't know if that's
an accurate calculation.
Q. What did you base that calculation on?
A. On documents I had received from Natural
Resources.
Q. So if you don't have any idea how much
these unforeseen things cost Natural Resources, how can
you say that it was fair to not collect $140,000 in
revenue shares?
A. I don't know that I can answer that
question. We did not do a cost analysis.
Q. Well, if it had been brought to county
commission, isn't that the kind of thing they would
want to look at in deciding whether to amend the
contract, how much does this cost the contractor?
A. I guess, you'll have to ask county
commission that question.”


Because of this situation a copy of the sales data from NRR of material sold subject to revenue sharing as described in the contract was requested. A copy of the provided sales data is attached above. The un paid revenue sharing payments turned out to be around $300,000.00

Also their remains the issue of a $25,600 invoice submitted to Knox county by NRR for processing material that NRR had already been paid to process. Rodney Rockett clearly stated that their was no existing brush in the area in question before NRR used it as a tipping area and was paid for these services. This is corroborated by aerial photography and the testimony of the green waste recycling coordinator. Yet NRR submitted a bill for cleaning up this material to Knox County claiming that it was “existing logs/brush”

See quoted text below from deposition of Rodney Rockett

Q. For whatever period of time that was, as
I understand it then, customers would bring trucks into
the scales first to be weighed so they could be
invoiced?
A. Correct.
Q. They would then pay whatever price per
ton they negotiated, or in the case of the county, $23
a ton, and then all of that greenwaste would be dumped
in this area?
A. It would be unloaded, dumped, tipped,
whatever, yes, in that area there.
Q. Okay. And prior to -- do you recall, not
the date, but do you recall the time when the tipping
area was on the concrete pad before this?
A. Yes.

Page 76
Q. And was there greenwaste in this same
area that I used to call the perimeter of the sinkhole?
Was there greenwaste in that area before Natural
Resources used it for a tipping area?
A. No.
Q. So it's fair to say then that Natural
Resources was paid tipping fees for the greenwaste that
was dumped in this area off the pad?
A. Yes.
Q. Then it was Natural Resources'
responsibility to grind and process that greenwaste
under the contract?
A. Yes.
Q. And, yet, they billed Knox County for
reimbursement of $27,500?
A. Again, I have no knowledge of the -- you
know, when that came in. Only after the fact. I don't
know if the county actually paid the individual that
did it or if the county reimbursed. I don't have that
specific knowledge.
Q. Well, as the contract administrator for
Knox County, if Knox County reimbursed $27,500 to
Natural Resources that it had paid to Matthew Grinding
to grind up this waste that Natural Resources had
already been paid to grind, would that be right?

Page 77
A. Would it be right?
Q. For Knox County to reimburse them?
A. Under the terms of the contract, the
contractor would be responsibile for grinding. I
couldn't speak to issues that were outside of the
contract, which may have been negotiated by another
party.
Q. You mean, John Evans?
A. Yes.
Q. Well, were you a witness to any of those
discussions --
A. No.
Q. -- by John Evans?
A. No.
Q. Did you first learn of this payment of
$27,500 after Mr. Evans's death?
A. I seem to have recalled hearing about it
prior to that time, but well after the time that it was
actually negotiated or actually transpired.
Q. Who did you hear about it from?
A. I seem to recall, just kind of picked it
up in hearing John Evans's conversations with a third
party, you know, perhaps on the phone.
Q. Do you know who that might have been?
A. No.

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