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BCC Minutes 02/07/1995 S (Agreement w/Waste Management)SPECIAL MEETING OF FEBRUARY 7, 1995, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 6:10 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Bettye J. Hatthews John C. Norris Timothy J. Constantine Timothy L. Hancock Pamela S. Hac'Kie W. Neil Dotrill, County Hanager David Weigel, Assistant County Attorney Item #SG1 AGREEMENT WITH WASTE MANAGEMENT, INC. OF FLORIDA PURSUANT TO RFP #94-2227 TO PRIVATIZE THE COUNTY'S LANDFILL OPERATIONS - APPROVED CHAIRPERSON MATTHEWS: Reconvene the County Commission hearing meeting for February the 7th, 1995. We will take up item 8(G) l, which is the agreement with Waste Management to privatize the county landfill. Mr. Lorenz. MR. DORRILL: In just the interest of time, I thought what we would do, since the Board has previously heard this item and have a great deal of public testimony, each commissioner had received an identical briefing prior to tonight's meeting. But for purposes of the folks who are in the audience or who may be at home, I was going to run back through those roughly two dozen points that were outstanding for which the board had asked us to develop revised language and thought that we might start there. And then Mr. Lorenz and I are prepared to answer questions that the board members may have. We've got a few people registered to speak. If there are other people interested, if you'll just provide those slips to me. The other housekeeping item is that we said this morning that Commissioner Norris will need to leave around 7:00 p.m., and he will be returning just shortly before 8:00 o'clock. And the commissioners had indicated that we may go into recess or just wait for him in the event that we are ready to take a vote. CHAIRPERSON MATTHEWS: Yeah, we did agree to that this morning, that if a vote looks imminent before Commissioner Norris returns, we will recess until he does return. MR. DORRILL: For purpose -- CHAIRPERSON MATTHEWS: Go ahead. MR. DORRILL: For purposes of the presentation, we are working off of a set of revisions to the landfill optimization agreement that were prepared and drafted at my direction by the County Attorney. We'll make a copy of this available for the record. I'll cite a number and the associated page and section number that correspond with the board's previous instructions. COHMISSIONER CONSTANTINE: Before you get into that, one quick question. Commissioner Norris, you have to leave at 7:00 or to be somewhere at 7:00? Because I have some information that I wanted to provide that I want to make sure you're still here for. COHMISSIONER NORRIS: It's my understanding that if I leave at 7:00, the timing should be just about perfect. So if I leave right at 7:00 or maybe a couple of minutes before. CHAIRPERSON MATTHEWS: Okay. Thank you. MR. DORRILL: The first item deals with section 2.2. First several items deal with the necessary environmental audit that will be undertaken for the facility. It provides for the environmental audit that will be undertaken by the firm -- the preferred firm from the county's prospective, which is Law Engineering. They're an established national environmental engineering firm. They are perhaps the largest environmental engineering firm in Southwest Florida. It is our preference that we use that firm. Waste Management is in agreement with that. There is some additional language. I'm moving on to 2.3. There's some additional language that deals with a requirement to establish an effective date of the environmental audit. CHAIRPERSON MATTHEWS: Excuse me, Mr. Dorrill. As you go through these parts is it all right if some of us still have concerns about different sections if we try to address those as you go? Or is it your plan to handle those later? MR. DORRILL: You're the chairman. CHAIRPERSON MATTHEWS: Why don't we do it as we go. We might be able to get through this faster and as well the audience will understand what it is we're trying to do. I believe Commissioner Constantine has a question. COHMISSIONER CONSTANTINE: Law Engineering -- perhaps someone from Waste Management can answer this -- how much business does Waste Management currently do with Law Engineering, if any? MR. SMITH: Warren Smith, business development manager for Waste Management of Florida. We use Law on a number of landfill projects around the country, primarily, I believe, for wetlands work, wetlands mitigation, wetland studies. I can't give you a number, but we have a number of outside firms that we employ around the country, and we do use Law from time to time. They are, however, an independent engineer, absolutely independent of Waste Management or any of its affiliates. COHMISSIONER CONSTANTINE: I guess why I asked, I'm just curious from a perception standpoint -- and I understand they are entitled, but from a perception standpoint if Waste Management gives a million dollars a year, ten million dollars a year, whatever, for their services, perception could very well be that -- MR. SMITH: I don't know, Commissioner, but we've probably used every major engineering firm at one time or another that's in the solid waste business. So you may not be able to find anybody that we haven't used. COHMISSIONER CONSTANTINE: Just as a follow-up, they are our engineer of record, is that correct, on our list of -- MR. DORRILL: They may be for certain -- they may be on our annual contracts list, primary for testing services. Law Engineering -- and Commissioner Hancock might be able to help me here, they have testing labs and they may do densities for us and core borings and subsurface oil conditions. COHMISSIONER HANCOCK: Yeah. I did soils and boring testing work while in college, and Law is kind of like an industry standard. They're the big guys on the block that do work for just about everybody. So when I saw them on the contract, I was kind of happy. They are standard more or less. COHMISSIONER MAC'KIE: And we asked for them, right, or staff? MR. DORRILL: I did. But having said that, if there were a concern, I can tell you that Buckley has also done work for the county and prepared our original solid waste master plan. And while they do not have a very well established presence in Southwest Florida, I think we were just trying to determine and set a standard for who was going to conduct that for further negotiation. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: As part of that, there is a process to receive the environmental audit and to have it formally accepted. And as part of that, there is a four-week submittal time for the county to review the environmental audit, having formally accepted it to determine whether or not we wish to proceed in the event that there is some severe unforeseen environmental problem at the landfill that would cause us to want to change our mind and go back and develop a different tact. Upon the formal acceptance and receipt -- and I'm now down to page 3, which is section 1 -- effective date will then be amended to mean that effective date is contingent upon the board's acceptance of the environmental audit and that it shall not go into effect until 30 days after the formal acceptance of the audit, again to give us time to have it evaluated in the event that there are unforeseen conditions there. Point number 4 and point number 5 deal with post-effective sampling for groundwater and/or leachate sampling. This requires -- and the key word here as prepared by our attorney is that Waste Management shall split any samples that are drawn for purposes of testing so that we are dealing with the same sample drawn at the same time in the event that we choose, and at our direction, to have independent analysis done. COMMISSIONER CONSTANTINE: Where are you reading from? MR. DORRILL: It would be on page 7, which is section 2.7. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: Section 2.7. COHMISSIONER MAC'KIE: Maybe you could give us paragraph references as you go through. MR. DORRILL: I will. COHMISSIONER CONSTANTINE: Question on that. The contractor's environmental lab shall be a department-approved lab? MR. DORRILL: The next one -- and then that would also be 2.7 -- requires that a state DEP-certified lab. We happen to also be a state-certified DEP lab. And for purposes of doing our own tests we can either do them in-house or we can pick a separate lab at our sole discretion. Any lab that is utilized by Waste Management for purposes of reporting operating conditions to the DEP for their own operating permit will be required to use a state -- a DEP state-certified testing lab. Point number 6 deals with Exhibit G. Exhibit G is the fee schedule that is at the conclusion of the contract. As part of this item Waste Management shall be responsible for the removal of freon as part of the acceptance of any white goods delivered to the landfill. It is their intent initially to use the county's scrap and white good recycler who is a scrap dealer from Tampa. He's also certified by the State for removing and capturing freon, which is a recent environmental regulation. Exhibit G also has a separate change on it that pertains to the annual cost to administer our household hazardous waste program facility that is at the landfill where we divert items that come across the scale that are hazardous waste. There is a separate roll-off container that those are placed into. We have negotiated an annual lump sum fee of $25,000, which shall be the management fee to Waste Management. They are not entitled to any additional out-of-pocket expenses. It is a lump sum. Back on section 2.9, a similar change in a requirement that the contractor use a state-certified testing lab, DEP-certified testing lab. Section 2. -- COHMISSIONER HANCOCK: Excuse me, Mr. Dorrill. I think it's important to note that that was a reference to the gas management system, that an independent engineer certify the gas management system as being designed to be sufficient; is that correct? MR. DORRILL: I'll need some help there because I'm dealing off of an opinion. COHMISSIONER HANCOCK: I understand these people don't have the contract in front of them, although I imagine a lot do. MR. DORRILL: Since you mention it, I did bring some copies of the contract if anyone in the audience would like one. I don't have one for everyone here. Mr. Keller will pass these out. If you'll just raise your hand, he'll give you one. COHMISSIONER HANCOCK: That's what you get for being first. I just wanted to make that note for the audience so they understood the reference. MR. DORRILL: This is an item that I'll get to later. But the one reference here is that it -- it deals with certification of odor control. I'll get to odor control actually when I get to my point number -- I believe it's 2.3. If not we'll come back to that one. The next one is one that's -- that is important, and it's also -- it deals with section 2.13. This is the issue that pertains to approved synthetic material and/or tarps for purposes of meeting the State's close of business daily cover requirements. MR. LORENZ: Excuse me, Neil. This is 2.14. There is some reformatting of the contract. MR. DORRILL: That's what I said. You all correct me as we go through. There were some changes that occurred really after this exhibit was prepared. And if the section cites it wrong, you all keep me straight on that. The proposal that we now have for the section pertaining to synthetic material -- and typically that is foam, we have experimented with foam cover at the county landfill, we never put it into a production mode but it was typically a foam material or a tarp -- currently would allow Waste Management to use a tarp or synthetic cover at the close of business on any given day in accordance with the minimum allowable number of square feet. And Bill, you'll need to help me with the actual square footage if we have one. MR. LORENZ: 150 feet square. COHMISSIONER CONSTANTINE: Seems to me that was one of the items we specifically asked to have removed three weeks ago. MR. DORRILL: And there are going to be several items here where you may not feel that you have closure on it. And that's why I said this is one of the important outstanding issues. To the extent we can we have negotiated this down to a minimum allowable area of 150 square feet. Any other area would then have to be covered with intermediate covering in accordance with the state regs. But that's where we're at as of this position, and that's the extent we've had Waste Management negotiate through at this point. COHMISSIONER HANCOCK: Madam Chairman, would it be appropriate to initiate discussion on this now, or is there a time we're gonna come back to it? CHAIRPERSON MATTHEWS: Yeah. I think you had left to do something. We are going to address these issues as we move through the contract. COHMISSIONER HANCOCK: Okay. The question I had, and the reason that I requested a daily cover requirement as opposed to a tarp, my understanding is -- and someone brought it up in a hearing and it's made sense to me -- you put a tarp over it, the next morning you pull the tarp up, there goes the odor. What's the difference if a daily cover gets laid down and you don't pull it up? Is that correct? MR. SMITH: This is gonna take a little bit of explaining, if you can bear with us, because you're talking about landfill operations, and you haven't been involved in it, and maybe just take a minute and visualize this. There is -- first of all, the tarps or other alternative covers are specifically allowed by Florida Department of Environmental Protection Code, Florida Administrative Code. And they've went through -- they've gone through a lot of hearings on the use of that and have decided that it's an acceptable practice. And it's used not only in Florida, but it's used across the country as an acceptable practice. One misconception is that if you put dirt down that that's inherently a better operation. First of all, your odors from the landfill basically come from the decomposition of the garbage after it's been buried for some period of time to where you start getting the anaerobic decomposition and the generation of odors. Typically you do not have odor from refuse that's been placed the day before. It's very seldom that that occurs in any objectionable amounts. So when the tarps are put down -- they call it the 18-hour rule. You can use these alternative covers for areas that you're not going to -- or that you're gonna come back to within 18 hours of putting the tarp or alternative cover down. So you're always using cover. I mean this doesn't eliminate the need for daily cover, because if you're not gonna come back to an area in 18 hours, you've got to put the minimum six inches of cover. If you use cover daily instead of the tarps -- and we've limited it to an area of about 50 by 100 feet. So it's more than 150 square feet, but it's like 50 feet by 100 feet. If you put dirt down there at the end of the day, you're putting the dirt down with a D-6 dozer, a D-8 dozer, it's a large piece of equipment, you're very -- it's very hard to get just six inches of cover down. You're gonna have ten or twelve inches of cover over the refuse. Then when you come back the next morning you're gonna strip most of that material off and expose the refuse anyway where you're gonna go back and start filling. You don't want to take up a foot of air space at the end of every day where you're filling. COHMISSIONER HANCOCK: So if you use daily cover material, come back the next day -- MR. SMITH: Come back the next day and strip it off and then start filling. COHMISSIONER HANCOCK: Is that what we do now, Mr. Lorenz? MR. LORENZ: Let me have Dave Russell speak to specific operations. COHMISSIONER HANCOCK: Again, cause I'm just trying to understand. I love the line in the movie "Philadelphia, .... Explain it to me as if I were a six-year-old." You know, I'm trying to understand why one is acceptable. MR. RUSSELL: For the record, David Russell, Solid Waste Department. Our practice is our general working face area is 150 feet by 150 feet. We use six inches of soil cover, and it stays in place. But I think we had proposed also to use tarps. I think the reality of it is is that you very soon have a working face with fresh garbage. So whether there's a very short amount of time where you roll back a tarp or you're adding this new garbage that's for your ll-hour working day is gonna be exposed to the atmosphere. The amount of odor that might be produced from this tarp is minimal. MR. SMITH: You say the tarps too are -- they're easy to use. They're neat. They're neater, actually, than putting down the dirt. They save time putting down at the end of the day, saves time taking it up, at the beginning of a new day saves time, and it also saves a substantial amount of air space over the life of the facility. MR. RUSSELL: Our calculation was that it was close to one year's capacity over the life of Cell 6 if we went to synthetic covering. And that's why we included it in our proposal. COHMISSIONER HANCOCK: So did the RFP ask for the use of synthetic covers also? MR. RUSSELL: It was optional. COHMISSIONER HAC'KIE: And the county's response and the county's bid included tarps? MR. DORRILL: Under optimization it did, because we're trying to maximize the amount of compacted material without that sandwich layer, if you will. COHMISSIONER HANCOCK: Would you still have a need for daily cover? MR. SMITH: Oh, absolutely, because you're only talking about that small area at the end of every day. If you're not gonna come back into that area the very next day, then you've got to put that daily cover on. You're using a substantial amount of daily cover. You just have that 18-hour rule area that we're trying to keep to a minimum that you come back the next day and begin your filling operation. COHMISSIONER HANCOCK: I'm sure we'll come back to the use of daily cover later. But anyway, at least that puts it in closer perspective than I understood them to be. CHAIRPERSON MATTHEWS: Mr. Dorrill, you want to continue? MR. DORRILL: Yes, ma'am, if there's no other questions. Section 2.15 is that section that deals with construction and demolition debris recycling. MR. LORENZ: Okay, this is -- this is -- okay. MR. DORRILL: And that section requires them to use the reasonable efforts to process that material at a capture rate of 80e. There had been some previous comments that the capture rate had been as high as perhaps 95e or 93e. That is true, but only for a very limited period of time. It's my understanding that the 80e number is an analyzed figure that we're using throughout the course of an entire contract period that is -- has captured or recycled 80e of the material. And we've got an 80e requirement in there. CHAIRPERSON MATTHEWS: Yes. COHMISSIONER HANCOCK: That brings me to a question of definition. And we talked about this last time. Some of what our C & D recyclers accept now, and they're -- we have the two, Modern Recycling and Naples Recycling. What they accept now has some things in it that would qualify under the state definition as trash to be landfilled. I believe the thing was that there may be some paper in there or some things that would qualify it as trash. When that shows up at the landfill, you know, what's gonna -- what's gonna make it go to C & D or what's gonna make it go to trash? MR. SMITH: Two responses to that, and then David might want to add to it. But number one, the county -- your staff is gonna run the scalehouse, so you have the ultimate control of what comes into the landfill and once it comes in, where it goes, what it's classified as. COHHISSIONER HANCOCK: We will direct whether it goes to C & D or whether it goes -- MR. SMITH: And secondly, just as you are now operating for that material -- that C & D recycle material that's qualified as daily cover, you're now operating under a testing procedure approved by DEP that we would adopt and abide by. And as long as the material meets those testing procedures, then we can -- we'll take it and use it as a daily cover. MR. DORRILL: Next item is section 2.16. Again, this is one that I would -- would flag or highlight where I think you're either individually or your collective desire has not been obtained. This was a requirement to offer on a first right of refusal basis at the option of existing employees the right to transfer to Waste Management, and that their guaranteed probationary period would be one year. We have not been successful in negotiating the one-year provision and we are at six months, six months being what is consistent with county policy. It's my understanding they have not agreed to that. CHAIRPERSON MATTHEWS: I thought we had settled that. MR. DORRILL: I had too. At one point the last draft -- a great deal of the discussions, the management issues, and decisions and negotiation were being made by me. The attorneys had been meandering back and forth. The last contract proposal that we have from them does not agree to one year. It is at six months. MR. SMITH: Could I -- Mr. Administrator, could I add something here? MR. DORRILL: Go ahead. MR. SMITH: We've taken a look at this. And what we're gonna need for employees at the landfill are 16 people. So we have looked at our total operations in Collier County and would be willing to take on and guarantee the 18 people for a year, if some of these people would be able to work at Collier County solid waste hauling division. So they might not all have jobs at the landfill, but we'll try to place them if they don't have jobs there at the hauling division. CHAIRPERSON MATTHEWS: Yeah. We'll need one year, please. Mr. Dotrill, I have another question. And we had some discussion on, I believe, there are three, maybe four employees who are relatively close to vesting. Did we ever figure out -- MR. DORRILL: That's item 14. CHAIRPERSON MATTHEWS: -- how we were gonna handle that? MR. DORRILL: On our bubble chart, if you will, the proposal we have now for employees who are close to being vested it takes ten years of eligible status to be vested in the Florida retirement system. We have four employees who are all equipment operators who are very near that. And we have one that has in excess of nine years. I would say nine years and three months. My proposal there is that we guarantee that person's eligibility through the time period in question. Not knowing how long the environmental audit and what not, I would hate to think the transition an employee who may be within two months of being vested. There are three additional employees who fall into this seven-year-or-more category. And my proposal on that -- we explored trying to create a mechanism to keep those employees on your payroll for purposes of accruing vested status, but leased them back to Waste Management. That has been determined to be in fact sub-diffused around the eligibility requirements of the Florida retirement system. We're not eligible to do that. We've asked for a written opinion, but preliminarily they've told us that that mechanism is not available. What I'm gonna suggest to you, which is outside the purposes of this contract, is that we under separate board direction create a mechanism in the event that those employees do not wish at their option to transfer to Waste Management, that we create a mechanism to put them in a holding status pending the availability of comparable jobs in other county departments. So we would hold them until such time that we through normal attrition have a comparable equipment operator's job. And those jobs are available either in road and bridge, water management, or utilities. And there are only three people, the total employees who are affected, that would fall into that category. That protects their retirement status if they choose to do so. Other employees may think that opportunities are better at Waste Management, and that's why it would be at their option. CHAIRPERSON MATTHEWS: Okay. Fine. As long as we have addressed that. You want to continue? MR. DORRILL: Section 2.20 deals with customer and community relations. They have agreed to provide the county verification of any complaints through original written correspondence that are received concerning any operating condition at the landfill. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: Mr. Dotrill, this may be later on your list. Stop me if it is. I had a visit from some folks that live in the Estates, and they were talking about a citizens advisory committee or a board. And I discussed that with some of the folks at Waste Management, and they had actually already addressed it at one of their proposals. And I've asked them to bring something a little more concrete tonight on citizen involvement. Should we privatize what the open-door policy is, how people can be involved, in other words kind of a community watchdog group out there to relate things? Is that on your list, or should we wait for Waste Management? MR. DORRILL: No, sir. I think we ought to go ahead and discuss it now. And if they have a proposal, I would think the section in which to incorporate that would be 2.2 or -- COMHISSIONER HANCOCK: I think it's only fair I give credit to Mr. Colletta for this idea. I think it's a terrific one. I'll let Waste Management tell us how they can do it. MR. SMITH: This is a reprint from the presentation that we gave during the selection process after the RFQs-- or RFPs were submitted. So this particular program has previously been offered to the county. And very frankly, we have always intended to put something like this in place. Let me just briefly describe -- grab this other microphone. The program that we previously offered would be to, number one, establish a neighborhood counsel. Typically at other sites we would work with the neighborhood groups to select a representative group of people that would serve on this counsel, ten or twelve people that would be involved, perhaps. We would actually help them organize. We would actually provide some funding for the counsel so that they could conduct their business, have quarterly meetings, have them involved in the -- in the day-to-day activities of the site and review of site operations and design and anything really they want to know about, and with the funding enough money to perhaps even hire an independent consulting engineer that could sit with them and be their advocate, if you will, and check and make sure that the things that we're doing are the right things from an independent standpoint. Involve community leadership groups. Another thing that we talked about, if you remember Linda Long was here, who is very involved -- very involved in education, education system in the communities, and incentives, and getting school groups to actually go out to the landfill, giving them tours, getting the school groups involved in what we do there on a day-to-day basis so they understand it better. Community-wide environmental programs is another activity we can work into this overall program. The open-door, open-house policy was mentioned. And that's a policy at all of our landfills. You don't have to call ahead to have a tour of the landfill and actually find out what's going on. We have a policy that if any -- anybody, any citizen, anybody that's interested can just come into the landfill unannounced, find the manager or the person in charge, and get a tour and get his or her questions answered. And the last thing on the chart was that we've been active members of this community and have been doing many of those things since 1979 through Waste Management of Collier County. But I think the key to this chart is the neighborhood counsel in getting the Golden Gate citizenry involved and also the business community there near the intersection by 75 and 84. And, you know, we're willing to in whatever way the board would like to commit to do this. And we make that commitment to you now tonight. Anything else that you'd like to have us do to formalize that, we'd certainly consider it. CHAIRPERSON MATTHEWS: Okay. Does that answer your question? COMMISSIONER HANCOCK: Yes, it does. CHAIRPERSON MATTHEWS: Okay. I included that on my change list for section 2.2 that that will be included. COMMISSIONER HANCOCK: I think that's a good idea. 2.20? CHAIRPERSON MATTHEWS: 2.20. Mr. Dotrill, you want to go on? COMMISSIONER CONSTANTINE: Mr. Dotrill, how much do you have? I'm trying to gauge -- MR. DORRILL: I'm about two-thirds of the way through. CHAIRPERSON MATTHEWS: Commissioner Norris, you'll be leaving in about 15 minutes. Is there anything in the rest of this contract that you have a specific question on that you need to get answered? COMMISSIONER NORRIS: I -- from what I've seen and gone through the contract, I believe that we have pretty much addressed all the points that we discussed in our last meeting to my satisfaction. There's very little in here that -- that needs much more discussion in my opinion. CHAIRPERSON MATTHEWS: Okay. I just wanted to make sure that if you had anything while you were away that we address it. COMMISSIONER NORRIS: There's no particular burning issue out there right now that -- and no pun intended, of course. CHAIRPERSON MATTHEWS: Burning issue. Okay. COMMISSIONER CONSTANTINE: If I might I'd like to address some comments prior to when Commissioner Norris leaves. Does that work for you? CHAIRPERSON MATTHEWS: Yes, that works fine. COMMISSIONER CONSTANTINE: I heard Commissioner Norris on the radio last week on "Carl Loveday's Radio Journal" saying he would likely support this agreement unless he heard a compelling argument against it. And before you go, John, I'd like to make that argument. Much like the bride or groom who calls off the wedding the week before or the day before, very few people will argue with that bride or that groom, "Well, gosh, we put all kinds of time into preparing the catering, and spending money, and doing this. You got to go ahead and get married." If it's not right it's not right. And I'll tell you some reasons why I think that here. And I hope you will hear me out. January 17th this board voted 5-0 to set a calendar to study, purchase, and permit the next landfill. We set a goal in mind. CHAIRPERSON MATTHEWS: Commissioner Constantine, I don't want to interrupt you, but we have a number of speakers as well. And I think if you are making a summary argument -- COHMISSIONER CONSTANTINE: I am, but I want to make sure this goes hand-in-hand. I think it can preclude some of that. And I want to make sure Commissioner Norris hears this. CHAIRPERSON MATTHEWS: I think we have enough speakers to carry us well after 8:00 o'clock. Go ahead. I just -- in the interest of trying to move forward. COHMISSIONER CONSTANTINE: Well, perhaps if I can be compelling enough, we can move forward much more quickly. Again, January 17th this board voted 5-0 to set a calendar, to set a goal to study -- I think it's due back next week -- the initial look at those six sites, set in motion a purchase and permitting of the next landfill. That motion indicated our preference is to move that landfill sooner than the 21 years, preferably in ten years or thereabouts. CHAIRPERSON MATTHEWS: If it's possible. COHMISSIONER CONSTANTINE: This contract does -- this contract before us does two things. One, it limits our ability to meet that calendar. As written it cuts the amount of flexibility we have to meet that calendar. And, frankly, if we go with the early option, the opt-out, this contract costs us millions of dollars more to meet that calendar. If we enter into this contract, we need to decide -- as it's currently written, we need to decide in 12 to 16 months -- I think it's October of next year -- whether to terminate early. Two thoughts with that. If we can make a knowledgable decision in 12 months or 16 months on whether or not we're gonna be permitted in eight years or ten years, seems like we ought to be able to make that argument now. We're not gonna know any more about permitting -- how far along we're gonna be permitted a year from now than we are now. And so it leaves the question can we make an informed decision within that 12 to 16 months? Commissioner Hancock pointed out on the 17th we don't know what hoops we're gonna have to jump through. You look at the university as a good example of trying to get something permitted. the chances are next year we're not gonna be exactly clear on when those permits will be available. But if we don't make that decision next year, it takes all our flexibility out. Section 7.4 of this contract saddles us in the event of early closure with post-closure costs even for those that are already closed. And I will ask when I've completed, Mr. Lorenz, how much that cost will be, because I'm not sure we know right now. It will also saddle us with the costs of the unaccrued expenses spread over 21 years. And again I will ask, Do we know right now how much that will be? COMMISSIONER MAC'KIE: I'm trying to follow this carefully. What are unaccrued expenses? COMMISSIONER CONSTANTINE: For any capital costs or for their closure costs. They're saying those are accrued over 21 years. We'd have to pick up the expense for the additional years. CHAIRPERSON MATTHEWS: It's my understanding that under the two options, Option A and Option B -- and right now I'm not entirely sure which one is which. But under Option -- I believe it's Option A, which is to close at capacity of Cell 6, which is gonna be about 9 1/2 years out -- MR. DORRILL: That's correct. CHAIRPERSON MATTHEWS: -- that you close it and walk away. No additional money is due. MR. SMITH: That's correct. We would pick up all the closure costs, and the county would have the post-closure costs. CHAIRPERSON MATTHEWS: Right. And we would have the post-closure. Under Option B what you're suggesting is true. Is that still true that if we have to re-configure the closing -- MR. DORRILL: Additional unaccrued closure costs. And at the conclusion of Mr. Constantine's remark I'll tell you what both of these are. But under Option B, which is the time-specific eight-year proposal, their unaccrued closure costs are estimated at 1,319,458. COMMISSIONER MAC'KIE: So the statement is true, Mr. Constantine, as to the -- if we chose a time certain, the eight-year time certain, because it was my understanding that if we completed Cell 6 that the cost to the county to make it up to Waste Management for not having the right to continue to collect that full 21 years of cost was we had to do post-closure. COMMISSIONER CONSTANTINE: Again that's written -- MR. SMITH: I'll just clarify that if -- the responsibility would be for only the unaccrued costs for closure of Cell 6, not for the 21 years or 23 years maximum life of the site, just for Cell 6 which is the part closed. COMMISSIONER MAC'KIE: And if that only arises under the fixed eight-year term. MR. SMITH: Correct. COMMISSIONER CONSTANTINE: And then a third item of cost we'd be saddled with is an additional 10~ management fee for those unaccrued costs, which is $130,000 in this case, or more, for nothing, just for the fact. You're not managing it if you're not spending it. CHAIRPERSON MATTHEWS: Does that -- excuse me. Does that 1.3 million include the 10~ management fee? MR. DORRILL: My understanding is it's in addition to that. CHAIRPERSON MATTHEWS: In addition? Okay. COMMISSIONER CONSTANTINE: It seems to me that the board has said through that 5-0 vote on January 17th to try to meet that calendar that our preference is not to be at this location for 21 years. If that's the case it seems to me we should not approve a contract that -- and I quote section 7.4, "Agreement contemplates the contractors optimization of the Naples landfill based upon estimated life of facility of approximately 21 years." If we said we don't want to be there in 21 years, we shouldn't approve a contract that says we do want to be there 21 years. (Applause.) Second, this contract penalizes us financially if we do not go the full 21 years; and third, gives us only until October of next year before we are -- if we haven't made a decision, we're locked in for 21 years. Instead, if the board believes privatization is the way -- and my argument isn't that we shouldn't privatize or should privatize. My argument is with this contract. I would suggest we should do a straight bid for a period, be it ten years, but we know clearly what it is we want to do now -- not an RFP, mind you, a straight bid with what we expect from that bid, what the exact time frame of that is, period. And we would have no penalties for early withdrawal as the case might be, no worries of an early term. It seems like that would be crystal clear and would be in keeping with the direction we've said we prefer, and that is to be out of there in that time frame. My concern in this contract is it gives us less flexibility. Early-out costs us more expense. Early-out, I'm gonna guess, will cost some legal wrangling in the way. And by the time you add in -- we look at the tipping fees, and they are lower than what we're spending right now. But if you add the penalty costs we pay on the back end, I'm not sure if that is actually cheaper in the long run. MR. LORENZ: Well, the analysis would show -- and I have some handouts here if we get into more details, but the analysis would show that even considering the early termination costs, the effective tipping fee would still be less than what the -- what the staff's proposal would have been. COMHISSIONER CONSTANTINE: Under staff's proposal. But again my reference was just to if we have a straight bid, then we may. But my thought is to be consistent with what we've said is our preference. I don't think in good conscious we can approve a contract that says something else. COMHISSIONER MAC'KIE: For my information. CHAIRPERSON MATTHEWS: Commissioner -- Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Whichever one you want. What does that mean, "Not an RFP, just a straight bid"? COMMISSIONER CONSTANTINE: An RFP is a request for proposals. How are you gonna do it? What are you gonna do for us? It allows them to use different type activities. It leaves imagination there. A bid is we want it done this way, this long. COMHISSIONER MAC'KIE: Okay. COMHISSIONER CONSTANTINE: Period. COMHISSIONER MAC'KIE: And the process. I have two concerns about rebidding or re-RFPing, whatever the language would be. It seems to me it would be trouble that if you've had a sealed bid and you open the process back up for bidding again, everybody's seen everybody's cards, how can you have a fair bidding process? COMMISSIONER CONSTANTINE: Because the RFP that was issued last year isn't the same as what we would issue. First, we wouldn't be issuing an RFP; it would be for bids. Those are different things. And also the RFP was an optimization proposal. How long can you keep this open, and how can you do it? And it was up to the individual responder to tell us that. A bid would be, This is what we'd like you to do, and this is how long we'd like it, for ten years, period. So it wouldn't be contemplating 23 years, 25 years. So it wasn't a sealed bid last time as far as proposals, and it's really a different request at this point. COHMISSIONER NORRIS: Let me make a couple of quick points. CHAIRPERSON MATTHEWS: Yes. COHMISSIONER NORRIS: First of all it's not my understanding that if we don't make a decision in 18 months that we're locked in; is that correct? MR. SMITH: That's correct. COHMISSIONER NORRIS: We have several decisions. CHAIRPERSON MATTHEWS: The way the contract is written -- MR. VARNADOE: Let me address that, if I could, Madam Chairman. For the record, George Varnadoe. What I thought we heard here the last time was that you wanted this board, the five of you, to make that decision. That means making that decision on or before October 31, 1996. Now I hear Commissioner Constantine saying we can't possibly make that decision by that point in time. That's fine. We'll go back to the original option we gave you, and that gives you six years. COHMISSIONER CONSTANTINE: George, I thought we had to make that decision today, not either of the above. COHMISSIONER MAC'KIE: Last time we discussed this we said it was important to us as a board that we -- this five people be able to make that teevaluation. MR. VARNADOE: That's exactly what was said. COHMISSIONER MAC'KIE: And October '96 just happens to be -- MR. VARNADOE: But as far as -- excuse me. As far as Waste Hanagement's concerned is we told you last time -- and we'll tell you again tonight, and we'll write it this way again -- what we need to know is before we start spending money on the second phase, which is going beyond Cell 6, and start permitting that and planning that and engineering that and buying liners and getting it ready, that's when we need to know. And that's approximately six years from now or when you have a million tons of capacity left there. So we can write this contract that you can wait up until six years from now or until there's one million tons of capacity left to make that decision if you want to close at the end of eight years or you want to close when Cell 6 is finished or you want to stay there from now on. We can wait that long. We were simply trying to be responsive to what this board -- we heard this board say January 17th. COHMISSIONER CONSTANTINE: What this board said January 17th was we'd like to have a public hearing by October of next year so these five people could discuss it. But we also said we wanted option years in 8, 10, 12 and 14, which isn't addressed here anywhere. So I think you're giving part of the picture when you say you were trying to address what the board said. (Applause.) COHMISSIONER MAC'KIE: But you'll do it the other way? If you like the other way better, you'll do it the other way. COHMISSIONER NORRIS: Excuse me. Excuse me. Let me make a point, and then I'll bail out in a few minutes. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: There's a problem here. And I want everyone to think about it. And we'll discuss it further later perhaps. The problem is the one thing that we have definitely promised the community is not to expand to the north on that property that we own. You mentioned permitting problems for one thing. There are any number of things that could cause us delay in building a new landfill -- field finding, buying, permitting the property, to have a new landfill. There's any number of things that can go wrong in that. If we back ourselves into a corner -- and it won't be this board, it will be somebody 10 years from now. If we back them into a corner and not have a site ready to go and this thing is gonna be closed in ten years, period, there's only gonna be one choice, and that's gonna be to expand to the north. And that's exactly what will happen. I think it's not only a possible scenario, it's a probable scenario. And I think we ought to look at that before we make a decision that limits our options like you're talking about. COMMISSIONER CONSTANTINE: I appreciate that comment, but it's inaccurate in that we would have an agreement in ten years. At the end of ten years you can extend that. You can run it yourselves if you needed another year or two to do it. There are any number of options. But I don't think I'm saying have a bid and then the landfill is closed regardless of whether we have permits or not. I'm saying let's have a bid, and we'll have a private contractor on board for ten years, and we'll address any changes necessary. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER NORRIS: And with that, I will see you. CHAIRPERSON MATTHEWS: See you in about an hour. COMHISSIONER NORRIS: Probably less. COMMISSIONER HANCOCK: Similar to Commissioner Constantine I have my list of goodies of dos and don'ts and goods and bads. And rather than get into a debate now on those before we have heard all public comment and before presentation -- I appreciate your need to get that out to Commissioner Norris, and I think you received somewhat of a response from him. But I would like to go ahead and proceed with the presentation of public comment because I do think I can answer some of your concerns in some of the research I did. And the time to talk about it may be after the public comments. COMHISSIONER CONSTANTINE: That's fine. CHAIRPERSON MATTHEWS: Mr. Dotrill, you want to move forward? MR. DORRILL: Yes, ma'am. The next cite deals with section 2.23. This is a section that will be followed by some additional sections. This one deals with closure and post-closure, and it requires that the contractor shall comply with specific sections of the federal Clean Air Act. And those are cited in here as part of the specific sections of federal Law. COMMISSIONER MAC'KIE: I have a question on that one. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COHMISSIONER MAC'KIE: My objective -- my agenda in raising that issue is not that they have to comply with the law because we know they do whether we stay with this contract or not. I want to be sure that compliance with the regulations that are promulgated pursuant to the Clean Air Act that are not currently the law, because the rules aren't promulgated yet, cannot trigger a change of law and, therefore, an increase in rate. And I'm not sure that that change has been incorporated, although I understood that to be your agreement when you were here last time. MR. SMITH: That is the agreement, and I hope that is what this says. We're saying that we have anticipated the federal Clean Air Act as it applies to landfills. And our rate includes compliance thereto. COHMISSIONER HAC'KIE: And it includes -- COHMISSIONER CONSTANTINE: Can you point us where it says that? It doesn't say that to me, so maybe you can point that out where it says that. MR. DORRILL: Let me get to that. And the issue -- the way that we had explained this is that, in order to clarify our intent here, if they have no disagreement, would say those sections as they're cited in their specific sections in the federal register or other applicable administrative rules of the Environmental Protection Agency -- and the key phrase from my perspective would be "as adopted and implemented," and the key phrase there being "and implemented," because there are certain sections that may have been adopted by Congress, but until the administrative rules are developed by the EPA, "as implemented" would cover their ultimate effective purpose. CHAIRPERSON MATTHEWS: So it's your understanding that the federal Clean Air Act as adopted but not yet implemented, the implementation of those regulations in their final form is included in this contract? MR. DORRILL: Would be under my suggestion, but I would need to know either from Mr. Smith or Mr. Varnadoe what their concern would be. COHMISSIONER MAC'KIE: It's specifically not that compliance would be included but that they don't trigger a rate change pursuant to the change in law provision. MR. RAY: Just for reference to the record, John Ray, representing Waste Management of Florida. Commissioner, I think your point may be well taken. We are responding to, you know, language changes that were given to us. We certainly said and we're committing here to have the -- a change in law provision work such that the final regulations that will be adopted on Hay 1 pursuant to federal Clean Air Act would not be a change in law. Now, please understand, Commissioner, what I'm not saying. I'm not saying that subsequent regulations that might be adopted in '97 or '98 or '99 that we have no knowledge of, we're not excepting those from the change in law provision. COHMISSIONER MAC'KIE: We're talking about the promulgated rules that are proposed but not finally adopted yet pursuant to the Clean Air Act. MR. RAY: Correct, correct. COHMISSIONER MAC'KIE: Okay. And that's a clarification that we'll make in the change of law provision of the contract. MR. RAY: Yes. CHAIRPERSON MATTHEWS: Okay. As we move forward, Mr. Dorrill. MR. DORRILL: Section 3.1. 3.1 is a requirement that requires county to require their franchise haulers that they must deliver their waste to the facilities. That has been incorporated into 3.1. CHAIRPERSON MATTHEWS: I have a question on that one I've written down here. The Immokalee Disposal Company handles the Eastern part of the county. MR. DORRILL: Uh-huh. CHAIRPERSON MATTHEWS: Are we going to require them to deliver their -- MR. DORRILL: "Facilities" as defined here would include either the Naples landfill or what will be the Immokalee transfer station that will replace the Immokalee landfill when it -- CHAIRPERSON MATTHEWS: So the Immokalee Disposal Company will only be required to deliver its trash, for lack of a better word, to the transfer station, and Waste Management will haul it from there? MR. DORRILL: That's correct. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: Next cite is section -- let me get this straight -- 3.10. Nope, 3.5. This was the concern on the part of the commission where the county was going to assume responsibility for the scalehouse operations. I think I've explained to you at least my rationale for wanting to have a Collier County employee who was employed and on the payroll of the Board of County Commissioners actually operating physically the computerized scales that at the end of the month they're gonna determine what the monthly draw is. My rationale would be to have a county employee responsible for the monitoring and the activities of the computerized scales. The credit issue, if you will, and the dispute that was there -- Bill, the cost to do that is 38 cents? MR. LORENZ: Yes. Previously we had indicated that it was 56 cents. We basically took that by the cost of the operation of the scalehouse divided by the tonnage that was gonna be buried in the lying cell. We as staff took the opportunity to review our own work along this line. We thought it would be more equitable to distribute that tonnage across the total waste that comes in the scale because obviously the scalehouse operators that we're funding has to -- have to handle all the waste. So when we make that -- we made that division, the cost of our scalehouse operation across it on a per-ton basis is 38 cents a ton. We reflected this in the fiscal impact statement for this executive summary. COHMISSIONER MAC'KIE: I didn't understand. What did you base it on before? MR. LORENZ: A smaller quantity of tonnage that was basically being buried at the landfill, tonnage that Waste Management paid for on the contract, but since we really need to spread that tonnage across the total tons that are coming across the scalehouse. CHAIRPERSON MATTHEWS: Okay. So they have spread that cost over the tonnage going over the scale, not necessarily the tonnage going into the landfill. COHMISSIONER MAC'KIE: Which results in a lower -- in a lesser savings to the rate payer than the previous analysis. CHAIRPERSON MATTHEWS: Yes, yes. It will by 29 cents, 28 cents. MR. LORENZ: That cost would be shared proportionately in other rate payer cycles such as construction and demolition, but that's basically what we do now. MR. SMITH: Could I add to that, please? The county's come up with 38 cents. Actually our number was about 30 cents to have us run the scalehouse, which was the requirement in the original RFP. It was only till we got into the negotiations and the county started seeing there were different flows of funds and there were a number of problems on how we handle that and different ways that the county receives its revenue, plus the county was gonna have oversight of our employees at the scalehouses, that it was determined that the county wanted to run the scalehouse. And we don't find fault with that in any way, shape, or form. We have other facilities where the county's in control of the scalehouse, and it works fine. Aside from the 30-cent to 38-cent difference in the county's price and our price to do that, there were also some trade-offs and redundancies. For example it is a policy of Waste Management that we install, for security reasons and financial tracking reasons, cameras -- video cameras at each of the landfills that actually take a time-coded picture and a picture of the transaction of each of the vehicles that uses the scale and enters the landfill. We're gonna put those in anyway. And we're gonna track those. And the county's certainly welcome to use those as part of their accounting procedures, but we're gonna put those in anyway. We also feel, just as the county did that it needed to have employees in the sense watching over us, that we're gonna need employees that are gonna watch over the county employees and make sure that things are done properly. There are some redundancies. There were some other trade-offs. We were looking at -- you know, this just wasn't one issue. This is one issue and a bunch of other issues that we negotiated. We were looking at this thing as a whole and not just a series of separate issues. So that's why we just -- there really isn't that amount of money that we can give back, because we're spending that money anyway. COMMISSIONER MAC'KIE: So we use the county's -- we use what it costs the county to run the scalehouse, but you factored it by the total amount going over the scale, whereas before you factored by what gets buried. And there's -- you guys could have done it with the cameras and everything for 30, and it costs us 38? MR. SMITH: That's correct. COMMISSIONER MAC'KIE: Okay. CHAIRPERSON MATTHEWS: Okay. Mr. Dotrill. MR. DORRILL: The issue there from my perspective being one of custody and control. And from my perspective even if they could do it for 30 cents a ton or do it with a cheaper employee, that is primarily a function of a county employee that has been there for at least ten years. Currently we may have a salary cost that is higher than what they projected for a scalehouse operator, but I would be willing to bet our monthly invoice and place it in the hands of our female employee that's been there in excess of ten years running that scale. That to me is worth eight cents a ton. In addition with what we get from Waste Management through the negotiation process was a requirement that they also install the gas management system in Cells 3 and 4, which are the original old un-lined cells at the landfill. And we have put a value on that. The total cost of the gas -- Warren, I may need some help here. The gas management system for the capital requirements through Cell 6 in determination were estimated to be $1.7 million; is that correct? MR. SMITH: Sounds about right. MR. DORRILL: 1,717,0007 And we're extrapolating that as trying to put a value on Cells 3 and 4. And we think that is consistent with that value for the gas management system that's identified for Cell 6. CHAIRPERSON MATTHEWS: What about a gas management system for the Immokalee landfill when it's closed? Is there gonna be one? MR. SMITH: That landfill is a very small landfill. CHAIRPERSON MATTHEWS: Uh-huh. MR. SMITH: And the requirements there for the landfill that takes in that small amount of tonnage is not to have -- it is not gonna require a gas management system unless there is a nuisance cause. And at this point there hasn't been, and we don't really anticipate one. So that's what we call a passive system. COHMISSIONER CONSTANTINE: You said you were -- you folks would count 30 cents -- your cost would have been 30 cents per ton. Did we get -- I notice the price per ton has actually gone up since the last contract. We didn't get credited that 30 cents that you're now not going to spend apparently? MR. SMITH: I'm sorry. I don't understand the question. COHMISSIONER CONSTANTINE: The price we were initially given was for you all doing the scalehouse as well. Now that's been taken out. You had told me you figured 30 cents per ton into the cost, yet the price per ton has gone up rather than gone down since the last contract we have. MR. SMITH: Again we're making a lot of mid-course corrections as we go through here. We had originally responded and you had authorized the staff to negotiate with us a contract for the 155-foot elevation, which was the $13.92 rate per ton. And then last time when the board directed that the height elevation be capped at 108 feet, which was our base proposal, then that raised the price in accordance with our bid document to $14.92 a ton. That may be what you're talking about, but the 30 cents a ton for the scale operation didn't change. COHMISSIONER CONSTANTINE: Seems like it ought to. That was included in your costs the first time around, and now you're not gonna be expending that money. We ought to get 30 cents per ton credit. MR. RAY: If I may, Commissioner. Commissioner, if I can answer that. I think, as Mr. Smith explained, just because we're not operating the scalehouse and the county is, we're not gonna save that 30 cents. We're gonna have somebody at Immokalee. We're gonna have somebody down here at the Naples landfill. So we're gonna have some redundancy. So we're gonna still experience some costs as part of that 30 cents. So our net savings was substantially less than that. In fact what we did was negotiate -- COHMISSIONER CONSTANTINE: What is your net savings? MR. RAY: If I could just finish, Commissioner. There's ten cents that we felt we were saving. And we negotiated away that ten cents when we gave the county a guaranteed unemployment for employees. We also waived a preexisting condition clause as part of the medical. We also, as the administrators pointed out, put in a provision for gas management at Cells 3 and 4, the closed section at Naples. So there were some trade-offs here. COHMISSIONER CONSTANTINE: How many people -- Mr. Dotrill, how many people right now work daily at our scalehouse? MR. DORRILL: How many? There are two. COHMISSIONER CONSTANTINE: Two? MR. DORRILL: To my knowledge. Whether we stagger them -- we have two employees in the scalehouse on average? MR. RUSSELL: We currently have three employees covering two scalehouses in the two landfill locations. And we use an equipment operator as a backup. MR. DORRILL: We stagger over six days a week, but we have a total of three. And on any given day we have essentially two at the Naples landfill? COHMISSIONER CONSTANTINE: Mr. Ray, you're gonna have one person at each location 40 hours a week? MR. RAY: Mr. Smith. MR. SMITH: That's actually 55 hours, 60 hours a week. COHMISSIONER CONSTANTINE: You're gonna have somebody there all the time -- MR. SMITH: That's correct. COHMISSIONER CONSTANTINE: -- sitting and watching the activity? MR. SMITH: And if that employee has to leave for a few moments, there are other people trained to run the scalehouse. COHMISSIONER CONSTANTINE: But you'll have a full-time employee at each location? MR. SMITH: Yes, that's correct. MR. RUSSELL: We essentially have one person on each scalehouse. But there is some overlap time, and we try to keep that to a minimum. If we do privatize, since we're not gonna have an equipment operator that can act as a backup, we're gonna have to add an additional scale to meet those two 66-hour schedules at those two sites. So our budget envisions for sale attendants. CHAIRPERSON MATTHEWS: Mr. Dorrill, we were talking about the gas management system. And the original proposal, which is the -- not the alternative, but the base proposal shows $2,456,000 for gas management in the totals column. MR. DORRILL: Right. CHAIRPERSON MATTHEWS: And now we we're talking about 1.7. That's a difference of about $740,000. Is that scaled down due to only doing Cell 6 as opposed to 108 feet with -- with the valleys between the cells or what? MR. DORRILL: I don't know what the difference is. I'll either ask Warren or Bill to address the difference in the original. CHAIRPERSON MATTHEWS: I guess the 700 -- we were talking about putting the gas management system in Cell 3 and 4. Is that 700,000? MR. DORRILL: Bill's correcting me that our contention on that was that it was part of the RFP. CHAIRPERSON MATTHEWS: It was part of the RFP? MR. DORRILL: That's my understanding. Bill, you correct me if I'm -- MR. LORENZ: That's correct. In discussions I know that Waste Management may not have seen eye to eye on that. But from staff's prospective we considered gas management on Cells 3 and 4 as part of the RFP for providing total gas management of the site. CHAIRPERSON MATTHEWS: Well -- MR. SMITH: We did disagree on that. We probably continue to disagree. What we had proposed to do, and there was no way -- our contention is there was no way for us to know what was going on. You were in the midst of a closure when the bid was going on. You even installed a cap on that Cell 3 and 4. You've got landfill gas collection with wells that are in there. You've got pipes that are venting into the atmosphere. What we're gonna do now immediately, if awarded the contract, would be to go in and manifold those pipes together, collect that gas, put the landfill under a negative pressure, and burn the gas off with a flare system that would control the odors. CHAIRPERSON MATTHEWS: That would be on 3 and 47 MR. SMITH: Right, 3 and 4. And then on to Cell 6 and begin the gas system there. Immediately you need to do something with Cells 3 and 4 because you're just venting gas into the atmosphere without any flare, so you're just basically -- CHAIRPERSON MATTHEWS: I think my question, based on what Mr. Dotrill said, the $1.7 million that you gave us as a price for gas management, does that include what you're talking about doing for Cell 3 and 47 MR. SMITH: I would have to go back to the accountants because I don't have that in front of me. CHAIRPERSON MATTHEWS: Okay. MR. SMITH: The $1.7 million for the gas system is through Cell 6. It was our contention that whether we misunderstood or we continued to have this disagreement on the completion of the gas management system for Cells 3 and 4 that that was another 200 to 250,000 dollars worth of work. And that was what we in essence traded part of the savings on the scalehouse to do that work. CHAIRPERSON MATTHEWS: Okay. Commissioner Constantine. COHMISSIONER CONSTANTINE: Is that gas management system essentially the same system you're using in Broward and/or in Lee? MR. SMITH: The design and the methodology is similar, yes. We have -- in Broward we have an electric generating facility that's added on to the end of it, but in Lee I think there's a flare. We would have a flare here. COHMISSIONER CONSTANTINE: Thanks. CHAIRPERSON MATTHEWS: Ready to move on? MR. DORRILL: Next section would be 3.10. And I think 3.10 is still the same as it pertains to county equipment; is that correct? COHMISSIONER CONSTANTINE: Just one quick question on gas management. MR. DORRILL: Okay. COHMISSIONER CONSTANTINE: In both locations I assume you're currently in compliance with federal regulations? MR. SMITH: At Broward County, if you're referring to -- I guess this is a trick question, right? You're trying to -- COHMISSIONER CONSTANTINE: That's a yes or no question. MR. SMITH: At Broward County we have had some problems recently. And we have complied with the regulations there. The odor problems resulted from a massive amount of hurricane debris that was put into the landfill over a three-month to six-month period where we actually disposed of up to 30,000 tons a day shortly after the Hurricane Andrew clean-up. And it did create a problem. There was a lot of organic materials, and construction debris, and wall board that caused a problem that the landfill gas collection system wasn't able to handle. We installed another $6 million worth of facility out there to handle it. It is handling it now. I think it was a very quick response to a very -- a problem that was caused by a very important need to dispose of -- COHMISSIONER CONSTANTINE: The answer then -- are either or both currently in compliance? MR. RAY: The answer to that is yes. COHMISSIONER CONSTANTINE: Thanks. CHAIRPERSON MATTHEWS: Ready to move on? MR. DORRILL: 3.10, this was the question that arose concerning whether or not contractors should be required to purchase the equipment from the county. I think the -- the easiest answer for that is I'm not in -- I'm not in agreement with that. Our original specification as part of the RFP said that all vendors needed to take into account and assign a value for the equipment that was being given to them and incorporate that into their tipping fee proposal. So this is another one of those items, if you will, that should be flagged as not having been modified based on the concern that you had in a number of these cases. I think there's good reason for that. And that's the one I had just given you. We have updated what we feel to be the depreciated value of the county's equipment. And I need to tell you in terms of complete disclosure here it is -- it is far in excess of the number that I gave each one of you privately. I think when I was meeting with you privately, because we had not been able to ascertain a value I was using a number around a quarter of a million dollars. It's my understanding now that it was substantially more than that in terms of the value that was there in terms of rolling stock. However, my contention is the same, that all prospective vendors or bidders had an opportunity to assign a value to that and incorporate that value into their base fee. Dave, do you mind just stating for the record what we determined the depreciated value of that equipment to be? MR. RUSSELL: The finance department provided these figures that the depreciated value is 1.277 million for that equipment. CHAIRPERSON MATTHEWS: That's a million dollars more than we thought. MR. DORRILL: It's important. And that's what I said for purposes of disclosure, but all bidders had an equal opportunity to see our rolling stock that is in place both here and in Immokalee and assign a value to that for purposes of giving us their sealed bid proposal. CHAIRPERSON MATTHEWS: Okay. Have we been -- this is an accounting question, and you may not be able to answer it. Have we been depreciating that over taxable depreciation years or of a class life? Do you have any idea? MR. RUSSELL: The financial department determines the schedule, and they didn't share that with me. CHAIRPERSON MATTHEWS: There's a significant difference between the two. I mean -- MR. DORRILL: I don't know the answer to that. MR. RUSSELL: I can say I researched the book values from a third party that looks at all auction sales nationally, and that value came to 991,000. CHAIRPERSON MATTHEWS: Okay. So the fair market value if we would -- MR. RUSSELL: That would be fair market value, and that's quick sales. I would say that would be wholesale price. CHAIRPERSON MATTHEWS: 900 what? MR. RUSSELL: 991,200. CHAIRPERSON MATTHEWS: The reason I ask about the two different methods is that heavy equipment like this would be depreciated for tax purposes much more quickly than the class life would be. So we don't know that answer right now. MR. DORRILL: My hunch is we're doing class life because we don't have tax concerns that a private entity would have. We can verify that. In conclusion on that section we did add a new third sentence that says upon determination that the county is entitled to any and all of that original equipment also at no cost. So we're not obligated to buy our own equipment back. Now, depending on the life, if we're out somewhere nine or ten years, it's gonna be substantially less than it was on day one. In fact it may only have a residual or scrap value. The point being that if it has any value at all, we're entitled to that at cost. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: That helped me a lot. Basically they're using the equipment, but we get it back should it be terminated in eight years. Is that what you're telling me? CHAIRPERSON MATTHEWS: With opportunity to buy it. COHMISSIONER HANCOCK: There's a difference between opportunity to buy it and get it back at no cost. I want to know which one this is. MR. DORRILL: This is no cost. COHMISSIONER HANCOCK: Okay. The second thing, this was mentioned to me, I think it's contributed to Commissioner Norris. Since he's not here I'm gonna steal it. And that is that we have already paid for that equipment out there. If we take the cost, say 1.27 million, and fold it back into the contract and still -- if you look at just completing Cell 6, that's a little less than 50 cents a ton to pay for that equipment. So we're in essence gonna pay for it twice. MR. RUSSELL: That's correct. The users have already paid for that equipment. And to get the sale price from the contractor would in effect make the users pay for it twice. COHMISSIONER HANCOCK: So according to contract that is not a real good idea. COHMISSIONER CONSTANTINE: Two questions there. One, what's the average life span of these pieces of equipment? MR. RUSSELL: It varies. The pieces that are in the working face we estimated for our calculations at bidding at five years. And I suspect the schedules that are used by finance are longer than that. COHMISSIONER CONSTANTINE: So the chances of actually getting back a useful piece of equipment in eight years is pretty small? MR. RUSSELL: It's all gonna be used up. MR. DORRILL: That's what I said. It will essentially be scrap value, if you will. But if there is any residual value at that point, we're entitled to it at no cost. COHMISSIONER CONSTANTINE: The second point, the funds we have or the funds theoretically we would get if this was tied in the contract -- you can say we're paying for it twice, but I'm gonna assume that money would be available for use in the purchase and permitting of our next site. So those funds would actually be put into a more liquid useful purpose for us right now than leaving them in the equipment, I would think. MR. RUSSELL: That would be possible to do. COHMISSIONER CONSTANTINE: I would think that would be the benefit. COHMISSIONER HANCOCK: Again, it's on my page of notes on addressing those types of issues. I didn't want to get ahead of myself here or -- CHAIRPERSON MATTHEWS: Okay. Lets move forward. MR. DORRILL: I'm on to 5.4, and I'm almost finished. Section 5.4 deals with unusual and unanticipated increases in cost that are borne by the contractor. There was a desire on your part that they not be allowed to petition for rate increase under this mechanism more frequently than once every two years. They've agreed to that. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: MAybe this is a legal question and I don't understand it, but when we're talking about unusual and unanticipated increases, I've been using the example say the cost of fuel went up, we need to renegotiate. Is that unusual or unanticipated? I'm looking for exactly what is that? I really don't know. I mean are we talking about fuel costs, the oil or maintenance of vehicles if there's a cost associated with those that go up, are we gonna have to revisit that and add it into the contract? I just don't know what the cutoff line is on that, and I'd like a feel for it. MR. SMITH: Let me just say that the only thing that we can do is ask, and we can only ask once every two years. You're under no obligation to grant it, so we have to prove our case. And it might include unusual increased prices in fuel costs. If we had an oil crisis, if we had a -- where gasoline went from, you know, $1.25 to $3 or $4, but it wasn't handled by the CPI. COMMISSIONER HANCOCK: But fuel is more expensive today than it was three months ago. That's not unusual or unanticipated, that's expected in your schedule of operations? MR. SMITH: That's correct. COMMISSIONER HANCOCK: I wanted that on the record. Thank you. COMHISSIONER MAC'KIE: The point is they can only ask, and we can say no. CHAIRPERSON MATTHEWS: That's right. We can say no. Mr. Dotrill, you want to move on? MR. DORRILL: Couple of the last things, 7.4 deals with those early terminations options that we previously eluded to this evening. COHMISSIONER CONSTANTINE: I'm sorry, which section is this? MR. DORRILL: 7.4. COHMISSIONER CONSTANTINE: Thank you. MR. DORRILL: Deal with early termination. They're Options A and B. They've previously been eluded to. I think you understand those, and I won't elaborate on those at this time. COHMISSIONER CONSTANTINE: I got a question then, because it says in order to exercise early terminations Options A and B, the county shall provide the contractor with notice prior to October 31, '96. George, wherever he was, said, "Gosh, that's not the case. You've got another option here." But I don't see it in writing. MR. RAY: I don't believe that's what Mr. Varnadoe said. I think he said that is what's in the contract now, but that was -- I don't want to speak for George, he's here. MR. VARNADOE: I wrote it down, in case, Mr. Constantine, you couldn't remember what I said. I said that we would go back to the earlier option we gave you in the prior contract, and that is six years or when there's a million tons of capacity left. Hake up your mind. COHMISSIONER HANCOCK: Is it possible to have all of them? Is it possible to have this termination of October 31, 1996, in case things go well and we're happy? MR. VARNADOE: Absolutely. And as I tried to explain before we want to give you as much flexibility as we can. And at some point in time we got to get ready the next cell if you want us to stay there. What we're trying to do is say up until that point in time you can make up your mind what you want to do. COHMISSIONER CONSTANTINE: I sometimes have trouble following you. I'm gonna ask you for some help here. MR. VARNADOE: Sure. COHMISSIONER CONSTANTINE: The six years that was written -- I have here somewhere in this pile the original contract. The six years is when the decision has to be made by, or that's when Waste Management would be gone? MR. VARNADOE: No. That's when the decision has to be made, sir. Then you can have -- terminate eight years, or Cell 6 would be -- COMMISSIONER CONSTANTINE: I'm with you. COMHISSIONER HANCOCK: Commissioner Constantine -- MR. VARNADOE: Excuse me, Mr. Hancock. If you choose -- I don't have the contract in front of me either. But if you choose the eight-year fixed term option and you get to the sixth year and for some reason -- and you say everything is going okay, there's only two years left to fill Cell 6, you can then opt for option -- the other option that's A or B and go ahead and fill Cell 6. Again, Mr. Constantine, the only requirement being that we know in time to get things ready if we're gonna have to re-permit the closure of Cell 6 at an earlier date. COMHISSIONER CONSTANTINE: Just to make sure I understand clearly, then, we could next year or by the sixth year say we want to be out in eight years. We find ourselves come that sixth year not sure of ourselves as far as permitting, and we say, okay, we'll stay till the conclusion. We can change in midterm to the conclusion of Cell 67 MR. VARNADOE: That's correct. Yes, sir. And earlier you asked me about -- I know that the board had talked about 10, 12, maybe in 14 years a two-year rolling option. And frankly the problem with that is you don't know where you're gonna be volume-wise at the end of ten years. Is Cell 6 gonna be full, almost full? And you know, we have provisions in there for kind of a renegotiation for if you need to extend it at that point in time. Obviously you can do it yourself. You can go out for another RFP or a bid process for a short period of time if you need a little more time. But there is no way at this juncture, not knowing what the volume usage would be, for us to tell you what that would cost. And we didn't want to try to guess and make it more complicated. So that's why we have the eight-year in the Cell 6 being really the two options that are there for early termination. COMHISSIONER CONSTANTINE: And you just said this, but I've got to make sure I got it straight in my mind. As Commissioner Hancock suggested, we can decide this by October of next year or anywhere up to year six? MR. VARNADOE: End of year six. COMHISSIONER HANCOCK: And that year six is tied to basically a yard or a tonnage that is remaining. That's another important point. MR. VARNADOE: Let me clarify. I keep talking about years. It's not really years. What we're saying, Mr. Constantine, is year six or when there's a million tons of volume left, whichever first occurs, that might be five and a half years or five years or, you know, could be -- COHMISSIONER HANCOCK: Seven, we don't know. CHAIRPERSON MATTHEWS: Okay. So let me see if I've written this down correctly now. COHMISSIONER CONSTANTINE: Seven years, three months. CHAIRPERSON MATTHEWS: We've got three time frames in here we can tell you what we want to close. One is October 31. MR. VARNADOE: You can take that one out. I mean what we could write is at any point in time up until -- CHAIRPERSON MATTHEWS: Up till -- MR. VARNADOE: We don't care when you tell us. You can tell us the day after you sign the contract. The only reason -- COHMISSIONER CONSTANTINE: What are you guys doing tomorrow? MR. VARNADOE: I was trying to be responsive, Mr. Constantine, to the issue that came up last time about this board deciding -- COHMISSIONER CONSTANTINE: I understand. COHMISSIONER HANCOCK: If I may, the reason I like the '96 in there is we wanted it in there so it forces a public hearing in '96. I think we want that, and I think they would want that. CHAIRPERSON MATTHEWS: I understand. I like the October '96. But if we miss the date -- COHMISSIONER CONSTANTINE: Or if we don't make a decision. CHAIRPERSON MATTHEWS: -- we still have a one million ton capacity or six years, whichever comes first. MR. VARNADOE: Let's just run through a scenario I think might be likely, knowing environmental permitting a little bit. Unfortunately, is October 31 of '96 -- you've chosen a site. Hopefully you're out to get somebody else to get the permits for you and design the landfill. I say "hopefully" because we like to be involved in that process. And you say, We want you out in the end of eight years. COHMISSIONER CONSTANTINE: You guys say you can do it in six years. I'd love to have you do it. MR. VARNADOE: And you say, okay, We think we can get this done. We want you out in eight years. Okay. You make that decision in '96. Then you come along -- let me get my dates right now -- four years after that or five years after that and you saw it's taking longer to permit the site or it's gonna be a lot cheaper to let you stay there another year and fill Cell 6. It's not being too objectionable to the neighbors, let's go ahead and fill Cell 6 and then close it down. So you have the ability to make that one option and then before the end of year six jump to the other option. COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: Okay. MR. VARNADOE: Not to thoroughly confuse things. COHMISSIONER HANCOCK: We want it all, George. We want it all. MR. VARNADOE: You wouldn't be politicians if you didn't. COHMISSIONER CONSTANTINE: My only question is how will that verbiage read? Because that's not how this one reads, and as long as everyone's comfortable -- MR. VARNADOE: I think we can go back and use the October 31, '96, as A, then go back basically to the original language that says six years or one million tons. I think your staff was comfortable with that language. COHMISSIONER HANCOCK: Let's not say the original. That was the last draft. MR. VARNADOE: Last draft, the one we talked about on January 17th for the dates for termination. CHAIRPERSON MATTHEWS: Ready to move on, Mr. Dorrill? MR. DORRILL: Final section change, and then there's some changes on some of the exhibits is 8.15. CHAIRPERSON MATTHEWS: Let's go back, I'm sorry, to 7. I thought we were gonna go through these pages. There's on page 26, item D, sub 2, "Extension of Early Termination Option A," the county only gets 30 days to respond to the notice of, I guess, 1 million tons being left? In the contract we looked at on January 27th we had 180 days. COHMISSIONER HANCOCK: Not to mention public advertising difficulties within that 30 days, and scheduling. MR. RAY: Commissioner, if you need more time we can change that. CHAIRPERSON MATTHEWS: I think I'd like to see the 180 days again. MR. RAY: That's fine. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER CONSTANTINE: Under 7.4, section C, I just want to reiterate, third line of that, "Early Termination Payment," "Contractor's optimization of the Naples landfill based upon estimated life of facility of approximately 21 years." I just wanted to point that out. COHMISSIONER HANCOCK: That does raise a question, Mr. Weigel, that I had. And it started on page 1, and this is just a legal question. I'm surprised Ms. Hac'Kie hasn't asked it, but maybe she knows the answer. COHMISSIONER MAC'KIE: Maybe it's on my list. COHMISSIONER HANCOCK: The forth "whereas" states that the county's determined it's the best interest of citizens of Collier County to engage the services of a private contractor to optimize the county's full solid waste management facility capabilities. And there are a couple other references here to optimizing. If we in fact do not truly optimize, are we putting ourselves in jeopardy of noncompliance with either this or the original RFP? I just want to be clear on that. MR. WEIGEL: I appreciate the question. COHMISSIONER CONSTANTINE: Can those comments come back and bite us in the rear end when we're trying to permit the next site? COHMISSIONER HANCOCK: And can -- I guess that's a good question is can -- from Waste Hanagement's perspective, can they utilize the optimization language in the contract to try and force a longer time period? No offense intended, but it's a viable question. MR. WEIGEL: That's a good question. And I think we all discussed that a little bit at the last meeting and can go into more detail now. That is that ultimately the parties to this contract, Collier County and Waste Management, if it's the other party to a contract of this type will be bound by the terms of this agreement. The obligations, responsibilities, rights, availabilities, all are the four corners -- to use that phrase -- of the agreement. Any statements that the Board of County Commissioners or the other party may make or assumptions that they may have outside of this agreement are not pertinent to the legal enforceability and the clear language of the document -- the contract document itself. COMMISSIONER HANCOCK: You're an excellent attorney because I don't know what you just said. MR. WEIGEL: Well, I'll continue. This is an agreement, the essence of which conforms to the request for proposals which is privatization management and optimization. If allowed to run its full course, it will go for approximately 21 years. That follows the legalistic requirements of the RFP and in fact the intention of the RFP and the response to the RFP. The board in its negotiation has provided for a potential for an early termination. In large part the termination, depending on the options taken, put the parties in a place where they walk and the county assumes responsibilities for the landfill post-closure, et cetera, which are no different responsibilities than they would have if they continued with the operation of the landfill itself in a continuous manner. So therefore, no, we're not putting ourselves in a position of risk by entering into this agreement essentially as it is worded now concerning the fact that the board may be able to opt out or terminate it earlier than 21 years because it still provides for 21 years. COMMISSIONER HANCOCK: I may have to apologize because I think I did understand you. In essence the language allows us to opt out? MR. WEIGEL: Yes. COMMISSIONER HANCOCK: Makes the optimization more or less go away. In other words the optimization references in the contract can't be used against us because in fact we have an early termination clause in the contract. MR. WEIGEL: Right. Both parties walk into this agreement eyes fully wide open understanding what the agreement is about. The discussions that are had at the board meeting entering into an agreement my be relevant for explanatory purposes, but the record will show and I state advising you legally that the contract document itself will be enforceable one party to the other for the duration of the agreement. COMMISSIONER HANCOCK: I apologize. I didn't mean to embarrass you with that comment, not that you haven't heard attorney jokes before. COMMISSIONER MAC'KIE: And at the risk of your thinking I'm not a good lawyer the answer, I think, is that the optimization language is in there so we comply with the RFP and we don't get in trouble with that regard. But to the extent that there are wheteases (sic) and other language talking about optimization that are contrary to specific paragraphs in the contract, throw out the wheteases (sic). It's the paragraphs that count. COMMISSIONER HANCOCK: Important part is he said it for the record. That's what I needed. COMMISSIONER MAC'KIE: Okay. MR. DORRILL: Final section is 8.15, a final sentence that was added that indicates that in the event that either side chooses an arbitration the prevailing party shall be entitled to attorney's fees and other reasonable costs associated with the arbitration. CHAIRPERSON MATTHEWS: Why was that put in? MR. DORRILL: I think the rationale being to prevent either side from being unreasonable and to provide a disincentive for that in the event that you don't prevail you're obligated to pay all the other party's attorneys fees and costs that may pertain to the arbitration including the arbitrators as I understand. COHMISSIONER NORRIS: Sort of a mini tort reform. CHAIRPERSON MATTHEWS: Yeah. Okay. MR. DORRILL: On to Exhibit D. Exhibit D has been modified to meet your express desire that the maximum height shall be 108 feet above sea level as defined previously in the document. CHAIRPERSON MATTHEWS: And that meets the current permit? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: Subsequent change on Exhibit E as it pertains to screening berms and the associated height of any screening berm -- COHMISSIONER NORRIS: Was that E you said? MR. DORRILL: Yes, sir. -- shall be no less than 15 feet in height. COHMISSIONER HANCOCK: Question before we got to that. On page 37 there was an addition that says, "On-site testing will be conducted as necessary based upon the above phase 1 audit as directed by the contractor." If a phase 2 is required, the cost of phase 2 is borne by the contractor; is that correct? Because everywhere else it talked about an audit the following statement wasn't borne by the contractor, and it wasn't following this one. MR. RAY: That's correct, for the record. COHMISSIONER HANCOCK: Okay. MR. DORRILL: Further, in Exhibit E, under "Operating Plan," page 78 -- excuse me. That was one that was proposed that was not added. CHAIRPERSON MATTHEWS: What was that? MR. DORRILL: That it was previously covered as it pertained to alternate cover. CHAIRPERSON MATTHEWS: Alternate cover? MR. DORRILL: Yes. CHAIRPERSON MATTHEWS: Was that something that we had asked for but what was not agreed to? MR. LORENZ: This would be the discussion about daily cover. COHMISSIONER MAC'KIE: Tarps. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: I've got a redundant note that we previously covered that one. I've got, I think, three more. Exhibit E we had the addition of words "and/or site" CHAIRPERSON MATTHEWS: Page 10. MR. DORRILL: Some of these are just wordsmithing now, and these were added. And again these were some notes that David has proposed subsequent to that. Also, under Exhibit E, page 11, struck out the word "no" of the last sentence of the first paragraph in section 10.2. COHMISSIONER MAC'KIE: Where? CHAIRPERSON MATTHEWS: You struck out the word "no"? MR. DORRILL: Yes. CHAIRPERSON MATTHEWS: That there is pretreatment requirement? MR. DORRILL: David, I'll need your help on the last two. I'm not familiar with either of the last two. I'm gonna let David explain them, David and/or David. Mr. Smith, are you with us on these? I'm down to the final two changes. MR. RAY: There was a request to delete the provision in that plan that indicated that -- that there was no pretreatment requirement. It is our understanding there is no pretreatment requirement. MR. RUSSELL: There is pretreatment required, and striking this "no" makes this consistent with the words found in the agreement. MR. RAY: We're gonna have to take a minute. CHAIRPERSON MATTHEWS: So we're at page 11, 10.2, first paragraph, last sentence, "WHIF understands that there is no pretreatment requirement for leachate discharge." Mr. Dotrill has said we want to eliminate the word "no," indicating that there is pretreatment requirement. Is that true, Mr. Russell? MR. RUSSELL: Yes, there is. CHAIRPERSON MATTHEWS: There is? Okay. MR. RUSSELL: Just not -- let me find the cite in the contract here in a minute. MR. DORRILL: The only other one that I have that's part of that same section, this is the final one, would be as part of that same section that we add the word "contractors." CHAIRPERSON MATTHEWS: For what section? MR. DORRILL: I believe that one has been done. The same section, the final paragraph, we struck through "county" and added "contractors." It pertains to the responsibility to manage the leachate. CHAIRPERSON MATTHEWS: Yeah, the contractor's responsibility is there. MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: We'll need to confer on that one. That concludes all the changes that were made and/or directed, and we flagged the ones where we are recommending or we are at an impasse in terms of a couple or three of those. CHAIRPERSON MATTHEWS: I have three items that we -- on my list of things that we're at an impasse on. Do we have an answer to the word "no"? MR. RAY: We do have an answer. I think there was some confusion relative to leachate versus gas, and they are installing a pretreatment of the gas station at the head. MR. RUSSELL: The county does the installation, and then the contractor accepts that. And that -- that language in E acknowledges that fact and makes it consistent with the agreement. COHMISSIONER HANCOCK: So it's okay to strike the word "no," and everyone's happy with that? MR. RAY: That's correct. CHAIRPERSON MATTHEWS: Okay. Good. I'll make a note of that one. And Mr. Dotrill, that concludes the changes that you've worked through on these? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Do we have questions from the board pertaining to this contract in general? COHMISSIONER CONSTANTINE: I have one more. I asked the question before about Broward and Lee County. Are they being operated under -- and I think the wording in here is "best management practice"? MR. SMITH: We're complying with all the environmental regulations of DEP for that. And the answer would be yes. COMMISSIONER CONSTANTINE: That's what qualifies as best management practice? That phrase stood out. I don't know what that means. I assume that has some meaning either from you or -- MR. SMITH: That was a term that we had talked about either in a meeting or in our subsequent discussions after the last board meeting that was a term commonly used in other contracts with the county. And I'm not sure we quite said it as best management practices, but it was something comparable to that. COMMISSIONER CONSTANTINE: I'm just wondering how do we define that? Maybe Mr. Weigel can help me with that. CHAIRPERSON MATTHEWS: Probably changes. MR. DORRILL: Commissioner, you're referring to section 2.9 as it pertains to gas management? COMMISSIONER CONSTANTINE: Yes, I am. Yeah, 2.9, section A, fifth line, "acceptable and best management practice." I'm wondering what does that mean? Sounds great, but I have no idea what it means. MR. VARNADOE: If I could, we do some engineering contracts. And I'll tell you, and you can ask your attorney, obviously I just want to throw my little two cents in here. George Varnadoe again for the record. It's an engineering term. And Mr. Hancock can probably add to this that at any point in time. Most things like this are of an evolving nature. And at the point in time where you do it there is a -- it could be more than one, Commissioner. There's gonna be a range of what are kind of state-of-the-art or best management practices at that time. You see it a lot with wetlands uses. You see it with water management systems. It's how do you do it at that point in time from an engineering design prospective that would be up-to-date that would be the best management practices. It could be -- I'm not telling you it's any one, it could be two or three. So I guess I would probably -- not knowing how old Broward County landfill is or how old's Lee County would not maybe agree that they would be BMPs. They may have been when they were designed, they may not be today because in this instance you've got an evolving target, if you would. MR. CONSTANTINE: That brings me to my question then, is where it refers to gas management system that will meet or exceed industry standards as an acceptable and a best management practice, is that as of 1995 or is that during the course of this? So if a year from now there's a way that is clearly better than what we have now to control gas, you'll update that as time goes on? MR. VARNADOE: When the original -- the original is obviously gonna be the best way we know how to do it today. COMMISSIONER CONSTANTINE: Right. MR. VARNADOE: Or if there are better ways that come along then yes, we'll be working on those. But the intent of 2.9 is to going in to give you the best design we can today, have your consulting engineer look at it and say yes, that constitutes a BMP. That has meaning to engineers. It doesn't have a hell of a lot of meaning to me or you, but it does to them, frankly. And then for us to go and permit it and build it and them to say yes, they built it like they said they would and as they designed it, and then for us to operate it and him to come in and tell you all that yes, they are operating correctly or no, they're not. And if we're not then there's some financial sanctions to -- COMHISSIONER CONSTANTINE: This allows the contractor to inspect that -- I think it says annually. I'd have to read it again, but I think it says annually can inspect that or more often at our request and make sure it is still operating. Does that mean in 2001 they will be ensuring that it still meets best management practice of 1995, or as time goes on, you know, if there are improvements -- MR. VARNADOE: You kind of lose me now. The system's in place. I think what he's gonna be telling you is it's still being operated correctly. COMHISSIONER MAC'KIE: I think -- may I comment on that? I think that's a very good point that -- it was my understanding that the relevance of having this ability to have our own inspection at least annually or more often was so we could ensure that the operations were up to best management practices at the time of inspection, not that we sign a deal today and whatever your -- whatever the current standard is remains the methodology for the next ten years. It's my expectation that as we inspect, we continue, that it's a revolving standard -- a revolving and evolving standard of best management practice that lasts the life of the term of the contract. COMHISSIONER CONSTANTINE: And my thought with -- I agree wholeheartedly, and that's why I brought it up was just that what's best standard now may still emit some odor. Two years from now someone may provide some upgrade to that that works better. And I would just like to -- if this contract is followed, I'd like to make sure that Waste Management is held to having whatever the best of today is. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: Just in having minimum experience with BMP, it's a dual protection clause. And basically what it means is when they install at today's standards, if they go to expand the system and the standards have changed, they are required through best management practices for that new system to bring it up to whatever standards those are. What BMP does not require is complete retrofit of everything that you have done. Just like today we talked to people about drainage problems and how their houses and streets were designed at elevations not acceptable today. Well, we certainly wouldn't require them to go back and raise their houses or raise their streets even though we know better today. In other words you don't retrofit for BMP, but at the time which any construction is done and the engineering application whatever is currently the best management practice is what has to be followed. And that's what I think the distinction is. If you're asking to enforce a retrofit when technology improves, that's an unknown quantity and I think that would be unprecedented and probably hasn't been done anywhere else. COMHISSIONER CONSTANTINE: So, for example, when they were to open another cell, that would be an appropriate time to see what best management practice is for today? COMHISSIONER HANCOCK: Tell me if you disagree with this. My understanding of BMP is that there is -- in other words, a system that you had designed in '95 in '98 is not typically the best management practice of the industry, then you're gonna have to design that new one in accordance with BMP at that time. MR. SMITH: Correct. COMMISSIONER MACwKIE: Iwm not suggesting that the price wonwt be reevaluated. That may be one of the things that you bring back to us that this is the best management practice of the day and herews our argument about why we need to raise rates. MR. SMITH: Especially if there were a change in law or something that required twice as many gas wells to be installed as we do now or something that we canwt anticipate. COMMISSIONER MACIKIE: I guess I had misunderstood, then, because I had -- I had looked at this as an ongoing retrofitting obligation that we had that the door was open to annually or more often re-examine the gas management system and determine if there was a better one available and if so put it in place. CHAIRPERSON MATTHEWS: I would suppose that would be reasonable for them to do that if they said, well, we have to -- in order to accomplish that we have to raise the rate to pay for it. COMMISSIONER MACIKIE: And they can petition us for that purpose. MR. SMITH: Right. COMMISSIONER HANCOCK: Then we make a decision -- as long as it operates the way it was originally designed and doesnlt fail to operate due to its original design, I donlt think under BMP you can require them to go back and retrofit, but you can, of course, negotiate an improved system at a cost. COMMISSIONER NORRIS: Thatls my point. COMMISSIONER MACIKIE: See, what I think is that in this subparagraph B of 2.9, where welre saying that upon our teevaluation we have the -- we have our contractor certify whether or not itls operating in accordance with the manufacturerls specifications and all applicable laws, I wish that at that point we also triggered a BMP review and had the option of bringing that back -- raising it to a higher standard, understanding that it might also raise the cost, and we would have that choice. COMMISSIONER HANCOCK: In other words asking the contractor, being someone in the industry, to tell us if therels a better widget out there and what itls relative cost is to applying it to our landfill. I donlt see that as being a costly measure. MR. DORRILL: Youlre saying essentially that that would then apply under that unusual condition section that we cited as being if it is determined to be in our interest to retrofit or improve the gas management system, and obviously that would be at your option, then they could apply for a pass through or a special rate increase based on our decision that, you know, a more modern or more innovative gas management system presented itself and we were willing to pay for it. COMMISSIONER MACIKIE: Exactly. COMMISSIONER CONSTANTINE: Why I raised the question initially -- COMMISSIONER HANCOCK: Not that thatls important now. COMMISSIONER CONSTANTINE: -- was because there has been some history of an odor problem at Broward and Lee, and they apparently are currently operating within federal standards and within best management practice and still have some odor. All the way along welve been told we control the odor to some extent. And I worry again -- this is better than it was three weeks ago, but it still leaves a wide open door that if there is a problem with odor and it meets those standards, therels not much we can do. MR. SMITH: I donlt think so. I think therels a lot you can do. And again, as we said, this is a system that's gonna control odors virtually all the time, maybe not in every instance. If you did have an Andrew type hurricane, you're probably worrying about a lot more than just the landfill. We're glad the landfill was there to take that material. Frankly, Commissioner, we've been checking today because we heard this allegation about odors at Lee County, and we can't verify there's been a problem there. So as far as we know the system is operating correctly. We'll continue to check that through the Lee County environmental folks and make sure we're right on that. But yes, we're constantly updating our -- not just on odor, but on everything that we do for operation of the landfill. Not only do we comply with the laws, we have our own internal manuals, operation manuals. We send our employees to training -- annual training either through government sponsored courses or more typically through our own company sponsored courses which are a lot more rigorous than even the government certification. So we're always updating our BHP, if you will, and not just on the odor. CHAIRPERSON MATTHEWS: Other questions on the contract in general? MR. DORRILL: I think, again for the purposes of the folks watching at home, the whole gas management and odor control section is new, and thus far we have been talking about things that have changed. And the proposal in order to put more strings and controls, if you will, on the gas management and odor control system is one that requires, again, our selected environmental engineer to certify and seal the original plans and subsequent construction in the annual operation of the gas management and abatement system. The carrot and stick approach that we're using is that the incentive for them is to design, construct, and then operate an efficient gas collection and abatement system. In the event that they don't and they cannot have it certified for compliance and sealed by our selected engineer, then that throws them into a technical default issue, if you will. And what we have proposed for the stick is the ability to withhold retainage on each monthly draw until such time that they bring the facility into compliance and have it certified. And the allowance there -- I'll finish, and then I'll answer your question. The allowance there is that we can retain 10e of their monthly draw. Someone said, well, you know, quantify that for me. In terms of the base tipping fee, Waste Management is going to earn about $300,000 per month. In the event of a technical default on the gas abatement system, we have the right to withhold $1,000 per day for every month that they're in noncompliance with the gas abatement system. And our rationale for that is that if you withhold their money and withhold that 10e payment every month for noncompliance, that you ultimately can get their attention to bring the system back into compliance and make whatever corrective action or remedial repairs or changes in operating practice that they need to make in order to get their full monthly draw. CHAIRPERSON MATTHEWS: Do you have a question, Commissioner Mac'Kie? COHMISSIONER MAC'KIE: My question is as you went through that description it makes perfect sense to me. And I have a question about what is technical default, noncompliance? Compliance with what? And I guess what you're telling me is that the measuring standard is the best management practice today or whenever the system is designed. That's the standard that if they fail to comply with that then we have penalty rights? That's my question. MR. DORRILL: Correct. But I also apply that same rationale to the annual certification requirement of that facility. COHMISSIONER HAC'KIE: And annually when we're evaluating, we're certifying the facility, we're measuring it for compliance with 1995 best management practice standards. MR. DORRILL: Or as changed if we incorporate your previous comment about the ability to retrofit or to apply a different mechanism or device if one were to present itself during the interim period of time. COHMISSIONER HAC'KIE: And obviously that's my goal. MR. VARNADOE: And then, Hac'Kie, Commissioner Hancock's absolutely right, my engineer tells me, in how he described BHP. As we start filling Cell 6 and you start putting in new wells, if there's a better way of installing those or different diameter or different pump system or whatever, then the BHP would require you at that point in time one of -- on that new facility to bring it up to whatever the latest technology is at that time. COHMISSIONER HAC'KIE: But that wouldn't require you, as I read this, and I don't hear you saying -- I understand changes. I understand the next cell. I understand that if you make changes you have to bring up to BHP as to those new facilities. My question is I want you to have to look at best management practices and at least offer us the opportunity to increase the fees, understanding that there may be an increased cost. But every time we have that review, whether it's annually or more often, that best management practice is the standard of review. MR. VARNADOE: We don't have any problem with updating the system or making sure that we keep abreast. If that requires us to go back and retrofit, we would be coming back to you to talk about additional cost. But what I was trying -- I wasn't trying to avoid the question. What I was trying to say is have an evolving process where we are going through Cell 6, we're gonna be sinking new wells, putting in new pumps, different pumps, and as the technology evolves the BHP will require us with a date with the new things we're putting in there. But yes -- the answer to your question is yes, we certainly will be willing to do that. MR. DORRILL: In either event. COMMISSIONER MAC'KIE: Thanks. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Couple housekeeping items, Section 5.2, annual adjustment of fee refers to the CPI. What CPI are we talking about? Earlier today we had a conversation about the Miami Metro CPI, our Southeast United States CPI. COMMISSIONER NORRIS: Are we talking federal? COMMISSIONER CONSTANTINE: Federal CPI? MR. SMITH: Yes, Bureau of Labor Statistics. It's defined down at about the last third of the paragraph the consumer price index for all urban consumers. COMMISSIONER CONSTANTINE: Okay. Thank you. MR. DORRILL: That's the one we eluded to earlier. COMMISSIONER HANCOCK: Do we have any lower CPIs out there? COMMISSIONER CONSTANTINE: Page 22, environmental term of liability, 10 million. Mr. Lorenz, I'd asked three weeks ago if we knew what the average -- when there was some sort of mishap, do we know is there an average nationwide what the cost is? MR. LORENZ: There's really no average. If you're looking at kind of a petroleum products bill, you could be looking at around $10 million. You could be looking up to 100 to 150 million dollars for super fund type sites. COHMISSIONER CONSTANTINE: In your estimation is this 10 million enough? If there is some sort of -- would that be adequately covered for what is likely? I realize you get to a point of diminishing -- MR. LORENZ: We're not adequately covered if we've got a -- we've got a huge spill in the landfill and we've got to contain all the groundwater on site, we would not be adequately covered. COHMISSIONER CONSTANTINE: I'm wondering -- maybe Waste Management needs to answer this. How did you arrive at the 10 million? MR. SMITH: I believe that was in the RFP process. That was specified. Let me just say too that we're one of the few companies in the industry that can even obtain this insurance. And we can obtain it. And we offer that, you know, to all of our clients that we operate landfills for. I don't know that you could put any number on average. Obviously we're gonna work really hard not to have any environmental problem and not have to call on this insurance because we're self-insured for a lot of what we do. CHAIRPERSON MATTHEWS: You have one more, Commissioner Constantine? MR. LORENZ: We did contact with risk management when we put the RFP together. And through their discussion with some insurers that was the number that floated out, 10 million. COHMISSIONER CONSTANTINE: Thank you. The -- under 7.4, page 25 and 26, these were a couple things I mentioned earlier. And I don't know if I need an answer right now, but just before we take a break maybe kick these around. Item C-i, and that -- under the early termination, that makes us responsible for post-closure. I mentioned that before. That concerns me because that's a big chunk of money. Also under C-2, which is the bottom of the first paragraph on page 26, "County shall also pay the contractor an amount equal to 10e of the early termination payment." That just seems like an added bonus for them for us leaving our -- just a couple things to consider as we take our break. Hint, hint. CHAIRPERSON MATTHEWS: Hint, hint. I guess I'm being told that we need to take about a ten-minute break. And I have a couple things I want to go over, but we'll do that when we get back. Let's take a break for ten minutes. (A short break was held.) CHAIRPERSON MATTHEWS: Let's reconvene the Board of County Commission meeting for February 7th. And we're addressing the Waste Management privatization of our landfill. Before we took that break I had said that I had a few comments that I wanted to make. Commissioner Hancock has said that he has a few comments that he wants to make also that will not necessarily be his feeling of support or nonsupport for the contract but just his ideas. And I believe Mr. -- I believe Commissioner Constantine has one also. COHMISSIONER NORRIS: And I have one question. CHAIRPERSON MATTHEWS: You have one question. COHMISSIONER NORRIS: Uh-huh. CHAIRPERSON MATTHEWS: Okay. Well, let me talk about what I have coming, and I've shared this with Waste Management unfortunately only a few moments ago because these numbers were constantly changing. But I want to share them with -- with my colleagues. And again it's another spreadsheet. COMMISSIONER HANCOCK: Must be a CPA. COMMISSIONER MAC'KIE: You numbers people. CHAIRPERSON MATTHEWS: Yeah, I know. What I have here, and I believe Waste Management -- well, I know they have a copy of it now. But this spreadsheet is as a result of our meetings last Wednesday. And my concern of the high profit that I was addressing on the 17th and subsequent to that has now been answered in the fact that there's an administrative fee of $2 and some change that's included in here that here before we were not aware of. But when I get to the capital costs, the -- the capital closure, post-closure, gas management -- COMMISSIONER MAC'KIE: Excuse me. Can I ask -- the reason you crossed off the top half of this is because your question has been answered? CHAIRPERSON MATTHEWS: Uh-huh, yes. But we're still gonna be talking about the asterisked items on the left-hand column. So we're talking about closure, post-closure, gas management, infrastructure, and the other capital is only 4 cents a ton. So what I've done with this is last week we were talking about $4.90 a ton for capital -- for all the capital costs, but that was based on 8,000 -- or 8 million and some change and some odd numbers in tons. MR. SMITH: Tons, tons. CHAIRPERSON MATTHEWS: Okay. And that was based on a 23-year contract. And now we're back to a 21-year contract that is 7 million tons and something, so I -- 7,416,000 tons. So I've had to go back and rework the numbers so that we got the 28 million and 12 million and all the numbers we were talking about to do the infrastructure to close the landfills, the two plus the gas management and so forth. And what I get now are these amounts of $1.65, 49 cents, 33 cents, and $3.88 a ton for all these capital costs. And the lower part of this work sheet these numbers add up to about $1.5 million a year, based on the tonnage going into the landfill. COMMISSIONER MAC'KIE: I just want to follow you. Those are the capital figures -- the capital costs you just described? CHAIRPERSON MATTHEWS: Based on the tonnages going into the landfill. COMMISSIONER MAC'KIE: Okay. CHAIRPERSON MATTHEWS: The 237 and 96, the 246 and 97 and so forth across the top. COMMISSIONER MAC'KIE: Okay. CHAIRPERSON MATTHEWS: Now, I've applied a 5~ interest factor, and I only used 5~ because 5~ was in the original proposal for the $7 million that the county's retaining. So I'm well aware that interest is not necessarily 5~ right now. It's more? From these capital accumulations I have subtracted over the eight-year or nine-year life that we're talking about here -- again the numbers that you gave me last week that were -- start at mobilization of $409,000. Gas management we talked about, closing the Immokalee landfill is $1.7 million, the transfer station and closing Cell 6, all those things add up to right around $10 million. But the capital accumulation over this period of time adds up to $15.5 million. And I guess the question that I have to ask as an accountant is what happens to the roughly $4 million that's a difference here? And I know we had talked on the 17th somewhat about escrowing some of these capital funds, but I notice that it's not in the contract. And I don't know whether there was any discussion about doing that, but that's the question that does remain. Your tipping fee of $15.06 does include these costs. And my point is that you're not going to use all the costs over the eight- or nine-year life. There is some money leftover. That's point number one. Point number two that I want to make -- and this is a memo I just got this afternoon and read it. It comes from James Hitchell, who is the internal auditor for our clerk. And I had him look at the 1994 financial statements for the Solid Waste Department. And this memo says that last year, 1994, fiscal year, we collected $7,985,000 in revenues. We expended $5,060,000 in expenses, producing a net income or an increase in our balance sheet of $2,924,000 and some change. He furthered those on to talk about 206,000 tons going into the landfills, and that works out to a tonnage of about $14 a ton that we collected last year but did not spend. Now, I know that we should have done some capital items, and I know we probably had some equipment we should have bought and we delayed because all this was going on, but I start backing out the numbers, and from a $25 tipping fee, if I subtract the $14.14 a ton, I get 10.86 a ton. And if I subtract from that the $5.42 that our staff is telling their administrative surcharge on this contract, I get $5.44 a ton to actually bury the trash. That's almost exactly what this contract is. So I'm -- I really have to question should we do it? (Applause.) I don't know how you -- how to tell you to respond. I mean I just got that this afternoon. And Mr. Dotrill and I chatted about it five minutes before the meeting. We had both just -- COHMISSIONER CONSTANTINE: Very, very persuasive. CHAIRPERSON MATTHEWS: -- looked at it. But it is a question. I don't know why our landfill people -- why our solid waste people came in with, what is it, $20 a ton? Based on this, on actuals for 1994 -- (Applause.) COHMISSIONER HANCOCK: I have a question. CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER HANCOCK: If we are more or less netting over $2 million a year as this has indicated and we've operated that landfill for 20 years, how come we have $7 million in the account? CHAIRPERSON MATTHEWS: Well, we just raised the tipping fee a couple years ago from 20 to 25. COHMISSIONER HANCOCK: I'm just saying if we can net $2 million a year, that makes a lot of sense, but we haven't been doing it. CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER HANCOCK: Plus we're talking about raising the tipping fee to $30, not just at 25. I'm just saying something doesn't gel there. And granted, I have had zero time to review what you just gave us. CHAIRPERSON MATTHEWS: Yeah, well I've had very little time, really. COHMISSIONER HANCOCK: I'd like to know if we're netting $2 million a year, where's the quarter million we should have over the last -- MR. RUSSELL: Well, we aren't netting $2 million a year. The tipping fee has been increased slowly over time. Back in 1986, a schedule was set up of several sinking funds that we added to every year and rolled over so we would have the funds to pay for future capital costs and construction -- cell construction more than anything. And that's why we have the $7 million we have now, because not too far down the road do we have a double line or technology, cells to build. And that's -- that's why we are where we are now. I haven't had a chance to -- to look at the numbers that the auditor came up with myself to pick that apart. And I can't tell you what that is. I can only tell you that in the past on average every year in our sinking funds that incrementally we've increased by roughly a half a million dollars a year to get to where we are now. CHAIRPERSON MATTHEWS: I understand that. And I guess that based on the -- on the numbers that we've been reading and hearing about, Mr. Lorenz is saying that in order to permit a new landfill even eight or ten years from now and to get the cell constructed, we're talking $20 million. Well, we only have 7 million in undedicated funds. So obviously in order to accomplish that in eight years or nine years, whenever, ten years, if it's possible at all -- and I realize there's a real argument as to whether it's even possible. But the point is that the $5.42 administrative fees that are being added to this tipping fee are not going to generate an additional $13 million. They're just not gonna do it. MR. RUSSELL: No. In the proposals there was no -- there was no increment there for future construction. And that's why our tipping fee and our proposal in that first alternate was $20 a ton. And our current tipping fee is $25, but that recognizes the need for land in the new line technology and so on and so forth. In the future it's kind of a comparing our current $25 to our bid $20 is in a sense apples and oranges. We did in our proposal have an alternate that included recognition of those costs for new cells and land, and that price was around $28. Previously in our workshop we had included a fee schedule that showed that we recognized -- we even in the past used a 20-year planning spreadsheet that every few years we were gonna have to raise the tipping fee by a $5 increment. And we had a schematic in that September workshop that showed us going to $30 in the next year. And that's been the basis for our fee structure in the past. CHAIRPERSON MATTHEWS: I think you made the point that I'm trying to make is that our tipping fee in order to generate the $20 million that we need to produce a new landfill somewhere else, that $20.70 a ton is not going to do it. We're gonna be still looking at 26 or 27 dollars a ton in order to have a $20 million pile of change -- MR. RUSSELL: That's correct. CHAIRPERSON MATTHEWS: -- eight years out. MR. RUSSELL: And that was the main reason we included that alternate in our proposal, to point that out to everyone. But the conditions of the RFP precluded that. To get an apples to apples proposal from everyone, we reduced it -- tried to reduce it to the same common denominator and did not include those costs for future. CHAIRPERSON MATTHEWS: So when we get down to the bottom of this thing, the primary reason that I can see to move forward with this contract, if we were to do so, is to eliminate the liability of operating the landfill and the post-closure. And the only way that we'll accomplish eliminating that liability is not to exercise the termination. COHMISSIONER CONSTANTINE: Correct, absolutely correct. COHMISSIONER MAC'KIE: Wait, wait, wait. No, once they're an operator they're in the chain. I mean once they have been an operator under the laws -- and our attorney should advise us about this -- there are ways to be liable under circlet. And one of them is if you've been an operator you're liable forever, no matter who caused the damage, no matter what. And they've got the deepest pockets. They're gonna be liable. They're on the hook. COHMISSIONER CONSTANTINE: But the contract reads that we're responsible for post-closure. COHMISSIONER HAC'KIE: But post-closure is a defined term. It means mowing the grass and checking the wells. And I'm told that that's how much -- how much a year, Mr. Dotrill? MR. DORRILL: I think we factored less than $200,000 a year. COHMISSIONER CONSTANTINE: I suspect the federal EPA would say it's more than mowing the grass and checking wells. (Applause.) COHMISSIONER HAC'KIE: It's not. It's a defined term. CHAIRPERSON MATTHEWS: Even in my discussion with Waste Management last Wednesday they themselves defined the post-closure cost over the 30-year period as $3.6 million. So that's about $300,000 a year. COHMISSIONER MAC'KIE: Okay, yeah. CHAIRPERSON MATTHEWS: I understand that we're talking the post-closure maintenance is about $300,000 a year. But if we are talking about the liability of managing the landfill, if we -- if we terminate -- and I'm not gonna argue this terribly much because I either make the point or I don't. If we terminate the contract and we find subsequent to that that there is a problem with the material in the landfill -- and I don't know why there would be if we've got all these people watching the scalehouse, but if there's a problem that then, yeah, I understand what you're saying that they will be forever obligated based on the audit report and the assumption that we have a certain minimal level of responsibility for what is in the landfill up until the day they take over, and we arbitrarily -- or not really arbitrarily, but through an environmental audit asses what the responsibility is. The point is that if we terminate the only way that we probably may be able to get them to address a problem, if there is one, is through some sort of litigation which is just gonna run the cost up. COHMISSIONER MAC'KIE: I agree with that. (Applause.) CHAIRPERSON MATTHEWS: Just a minute. Commissioner Hancock. COHMISSIONER HANCOCK: Talking about liability being the only purpose for this contract, you made a leap that I haven't made yet. And let me ask the question. Our Waste Management Department put a proposal together and came up with a fee. You went back in and reworked their numbers and basically have determined that their fee is bogus. Is that what I'm hearing? CHAIRPERSON MATTHEWS: No. The fee is not bogus. If the contract were to go the entire 21 years, they will indeed need $15.06 a ton to do the closure, the post-closure, the gas management, and the infrastructure. And they're -- COHMISSIONER HANCOCK: Okay. I guess -- let me just go ahead and ask the question if we operate that landfill for the next eight to ten years at a rate of $25 or even $30 per ton tipping fee, are we gonna have a pot of $20 million at the end of that rainbow? CHAIRPERSON MATTHEWS: I don't know. (Unintelligible comment from unidentified audience member.) COHMISSIONER HANCOCK: I'm asking our staff. COHMISSIONER CONSTANTINE: Thanks. COHMISSIONER HANCOCK: A1, are you gonna guarantee it? Thank you. MR. RUSSELL: Not in that short amount of time. COHMISSIONER MAC'KIE: Not -- that's the issue. CHAIRPERSON MATTHEWS: Just a second. COHMISSIONER HANCOCK: That's where I'm going, because -- and I was planning on this at basically the end because one of the attractive reasons privatization appears strong to me is we've thrown a lot of balls in the air. We have thrown in privatization. We have thrown in alternate technology which is costly. We have now said we are determined to seek a new landfill site which is costly. We've thrown all these costs out there, yet we've thrown no funding mechanism out whatsoever. I'm looking at privatization, and I went through numbers up one side and down the other of not increasing the fee or increasing the fee to $30 and ending up at the end of eight to ten years with a range after all capital costs have been done, after all closure and post-closure have been determined, at somewhere between, depending on 25 and 30 dollars, 9 million and 20 million dollars. Now, I can go through those one at a time, but it's based on what the contract proposes. That's why privatization is attractive to me. I'll get into it in detail later. I want to know if the county operates the landfill, can we tell our residents that at 25 or 30 dollars a ton we are going to have between 9 and 20 million dollars to do all these wonderful things we want to do in eight to ten years? That's my question. CHAIRPERSON MATTHEWS: We've got 7 million now. COHMISSIONER HANCOCK: I'm not even counting that 7 million, folks. I'm not even talking about that yet. I'm asking the question can we as a county under operating it in eight to ten years have a pool of between 9 and 20 million dollars? COHMISSIONER MAC'KIE: At the fee of $25 to $30. MR. RUSSELL: You may have the 9, but you're not gonna have the 20. COHMISSIONER HANCOCK: If we go to 30, we may get 97 MR. RUSSELL: Without looking at the numbers, I can't stand up here and say for sure. COHMISSIONER CONSTANTINE: Same question. Do you anticipate that we'll have with the 5-32 or whatever you're adding on as the contract is written? MR. RUSSELL: The 5-32 is strictly administration. It doesn't have anything to do with the future. COHMISSIONER CONSTANTINE: Even with this contract, you don't anticipate us having that either? COHMISSIONER HANCOCK: Commissioner Constantine, you haven't heard everything that I was talking about yet. COHMISSIONER CONSTANTINE: I'm asking staff. Maybe you can fill me in with what they can't. You asked that question, and I want to ask the same thing. COHMISSIONER HANCOCK: I think that's an appropriate question. COHMISSIONER CONSTANTINE: I want to hear it from either side wether we enter into the contract or not. I want to ask one question before they answer that. You asked earlier where has that money gone in the last few years wewve been collecting? One of the places it went was buying the land to the north that we said wewre not gonna use. I would think that would be one place where we could recapture some of that money. (Applause.) COMMISSIONER HANCOCK: Wewre not generating excess revenues of $2 million a year. Thatws bottom truth. Wewre not generating excess revenues at $2 million a year. COMMISSIONER CONSTANTINE: Can I ask where the $20 million figure came from? What are the big chunks that add up to $20 million? MR. RUSSELL: The double-line cell is 50 acres of double-line cell, and the site development is about $20 million. COMMISSIONER HANCOCK: Could be 25. MR. RUSSELL: Thatws a sufficient size to build. If you were to move there, particularly in 20 years, your volume based on todayws number is gonna be about a half a million tons a year. So it doesnwt make sense to build less. COMMISSIONER CONSTANTINE: Okay. Thatls all by itself, not including purchasing the lands or -- MR. RUSSELL: Right. Welve got a number roughly of $7 million on that. COMMISSIONER CONSTANTINE: Okay. COMMISSIONER HANCOCK: In addressing -- you mentioned something. Youlre correct. Under the current contract if we charge the fees -- in this contract youlre right, that 20 million isnlt there. CHAIRPERSON MATTHEWS: Itls not there. COMMISSIONER HANCOCK: My point is that in order for the county to generate those funds -- welre currently charging $25. Welre gonna have to up it to 30 or more in the next eight to ten years to come up with that 20 million. MR. RUSSELL: Thatls correct. COMMISSIONER HANCOCK: If, however, we have a contract that does it at 15 plus a $5 administrative fee and we maintain a fee of 25 or 30 and escrow the additional moneys, we do find 9 to 20 million at the end of eight to ten years. MR. RUSSELL: Therels a differential there. COMMISSIONER HANCOCK: In privatization, whether itls this contract or another, on a similar cost to operate if we do not raise tipping fees nor do we lower them, we escrow the additional moneys not being spent at the end of that contract -- or Iim saying in an eight- or ten-year time frame if welre at $25 we have about $9 million; if welre at $30 we have close to $20 million sitting there. Thatls what the difference is. On the current contract itls not there. But if we donlt lower tipping fees, we keep them exactly the same and we escrow, then welre generating revenue source for the landfill for new alternative source technology. And thatls the attraction that privatization has to me. COMMISSIONER NORRIS: You hit the point actually right on the head there. The -- if you look on that board right over there and the figures welve been shown all along over an eight- to ten-year term weill save $15 million. And where that comes from is the difference that you just discussed, and that will go into escrow. And you hit the point exactly right on the head. And youlye also heard our staff say that under their proposal at the same tipping fee, that's not going to happen. COHMISSIONER HANCOCK: And I can't get to $9 million by taking the conservative amount of 15, reducing all capital costs, and assuming we have waste reduction technology that our current waste stream doesn't even grow. In other words it doesn't grow one iota. It stays the same it is now for the next ten years. If we really do an aggressive campaign to reduce waste stream, we'd be lucky to achieve that. That's bottom end. That lowest number I could come up with by keeping the tipping fee the same is $9 million. With a 4e growth it goes up to $14 million. And with a $30 tipping fee, it's 20 or plus, depending on the waste stream. I'm sorry, it kind of came together in different ways. That's where I was coming from. I wanted to hear all the input and make sure I had my bases covered in arriving at that presumption. And I didn't want to do it before public input either because I didn't want anyone to feel that I'm so made up I'm not open to things. But that is the sheer attraction of privatization for me. COHMISSIONER CONSTANTINE: What was encouraging, I guess, was when you said that's what's appealing privatization whether it be this contract or not. I would agree. Tonight's issue isn't privatization. The issue is this specific contract. I think even if we opt out of this contract and do not go with this contract, we may well find it's worth it dollar-wise to have privatization. COHMISSIONER HANCOCK: Obviously that's why we're here, to determine whether or not this contract gets us where we want to go. That is something I have not made up my mind on because we have not heard everything we need to hear tonight yet. CHAIRPERSON MATTHEWS: Commissioner Hancock, let me ask you one more question. On the numbers you developed, you said at some point we get to $13 million. What tipping fee is that that you get to $13 million? COHMISSIONER HANCOCK: At a $25 tipping fee, including a 4e growth rate, minus the capital improvement costs which were estimated at $1.8 million at the termination of the contract on an eight-year time frame, the balance remaining is, I believe, 13.7. Where do I have it in here? Okay. We have 9.1 million at the 4e growth rate. CHAIRPERSON MATTHEWS: That combined with the 7 million we have will give you the 20 million? COHMISSIONER HANCOCK: The reason I didn't give you the 7 million or throw that in is because under this contract we would be responsible for post-closure which is around $3.6 million. We currently have 7 million sitting there right now. Again, I'm trying to air on the conservative side of my numbers. I'm not trying to pump it up and make it look good. I'm looking at worse case scenario what are we gonna end up with. I can't say that's completely known, but I didn't throw that $7 million in for the simple reason that, you know, we need post-closure, and closure has not been addressed. MR. RUSSELL: Well, the reserve we now have went for plans for a new site, and the land we currently hold could be turned into a post-closure fund and cover that. MR. O'CONNOR: Commissioner, may I address the commission for a second? My name is Jim O'Connor. I'm from Coral Springs, Florida. I'm from Waste Management of Florida. I guess this has been a trying analysis to go through the numbers and determine where the savings are, but I think -- I think the commissioner has hit the nail right on the head here. I think what you've got in privatization is a give-in, all right? There's no more whether or not the county will provide the vehicle to raise the funds. It's pretty simple. All you've got to do is look at the excess over what it's costing the county today, and you're gonna raise the money, all right? That's a give-in. Everything else that you're looking at is an unknown. And that's the real key here, I think, to privatization. What you're looking at today is you're looking at past history and the accumulation of funds and trying to say if you stay in the same mode will you get there? What we're saying in privatization is that it's a give-in right now that you'll accumulate at least $15 million in the one part of the optimization program that allows flexibility for early termination. And if it continues you'll save in excess of $55 million, all right? And if the county continues to raise their tip fee to accumulate additional funds to go through the new siting process, if that's what the county wishes, then in effect you'll raise more than $15 million. So I think what you're looking at is a give-in in privatization and an unknown of continued operation. And that's not any reflection on your staff at all. But, I mean, that's one of the benefits of privatization is trying to difinivise (sic) your sayings. And that's what we've done. And I think that's what the process has done. Thank you. CHAIRPERSON MATTHEWS: I understand that. And the only -- the only point that I need to make based on the information that Mr. Mitchell provided to me late this afternoon was that if we go through the process of backing out these numbers, our staff over the last -- well, over 1994, because that's all it addresses is 1994, but our staff was able to bury the trash for about $5.40 a ton which is the same -- roughly the same thing. MR. O'CONNOR: Commissioner, you know we debated figures for well over a couple weeks. CHAIRPERSON MATTHEWS: Yeah, we have. MR. O'CONNOR: The format that the figures have been presented and the iljustration of those numbers and the request by the county in the original RFP. But we too looked at the letter from, I think, either the auditor or the clerk's office today. And I think if I want to flip the numbers around for one second -- CHAIRPERSON MATTHEWS: Uh-huh. MR. O'CONNOR: -- if you take the $5 million of operating expenses and divide that by the tonnage, you'll find that that number is $24.40. Well, if that's the case your operating costs are 24 -- are $24 and your tip fee is $25. You kind of -- now explain to me how you get to this revenue factor of $7 million which would equate to a tip fee in excess of $30. So all I'm saying to you is I'm not disputing those numbers, but if you take that 5 million and divide it by that tonnage, you'll soon see that the operating costs during that fiscal period 93-94 was $24.40 plus some odd change. CHAIRPERSON MATTHEWS: Well, that $5 million -- again there's no guarantee that they were operating expenditures. We have several -- we have several line items that are construction in progress. MR. O'CONNOR: That's the issue today. We've got a lot of unknowns. CHAIRPERSON MATTHEWS: We do. MR. O'CONNOR: Municipal accounting is by no means a pure science. There's not a pure allocation system as you'll find in the private sector. That's just the way it is, and that's generally accepted from municipal accounting. CHAIRPERSON MATTHEWS: I understand that. MR. O'CONNOR: But the bottom line is that's the bottom line. We can discuss it. We can turn it upside down. The reality is this is a known, and unfortunately that's an unknown, okay? And that's what you've got. And the flexibility that you built into the agreement, I mean believe me, I think, one, you've got the ability to optimize the facility which saves in excess of $50 million. You've got the flexibility to continue your process on looking at new technologies, given adequate time. We haven't talked about the time needed, okay, to develop those new technologies or those new approaches or the new site, if that's what it is. But believe me, and I know your staff appreciates this, the lead time in those projects is long. And one lawsuit, one administrative hearing can take what we think is this normal time line of two to three years and turn into infinity. CHAIRPERSON MATTHEWS: Yeah. MR. O'CONNOR: And the reality is I can relate to you counties across the United States who are still going through this process today and have spent millions and millions of dollars. And the one that comes to mind first is Sheboygan, Wisconsin. They went through this process and ultimately ended up going to another facility that another county had developed in the meantime, studied this problem for 15 years, spent in excess of $22 million in the process. COHMISSIONER NORRIS: Which brings us back to the point that I made early on that if we find ourselves in that situation we're gonna have to expand to the north at some point, and we don't want to do that. MR. O'CONNOR: Commissioner, if you would allow us and then we'll be quiet and listen, we'd like to kind of go through some of the other issues that surround the site so that too the public understands what's in this document and some of the things that we're affording them. I think that's only fair, because I'm not sure all of them have read the document that's been constantly in a state of movement. COHMISSIONER CONSTANTINE: I have one final question. Mr. Russell, we talked about the $20 million. What's that based on? Have you looked at what other counties are spending that are opening new landfills in the last five years, or where does that $20 million figure come from when you said 50-acre -- MR. RUSSELL: That comes from our OCPH. COHMISSIONER CONSTANTINE: What did our people base it on? On what did our people base that? On ongoing construction elsewhere in the country or -- they had to base those numbers on something. I'm wondering what it was. MR. RUSSELL: I don't have the details on what they based it on. (Applause.) CHAIRPERSON MATTHEWS: Mr. O'Connor, I -- I have just two real quick questions, and they're based on this contract itself, and -- and they shouldn't be difficult to answer. MR. O'CONNOR: Believe me, Commissioner, they're all difficult. CHAIRPERSON MATTHEWS: Well, it's not meant to be. On page 8, 2.8, "Gas Management and Odor Control," there's a clause that's been added here saying that the operating plan shall be operational within six months after the date the contractor receives all permits and so forth. Now, I understand that you can't know you're gonna receive the dates on such and such, that you're gonna get the permits on such and so, but I think for the benefit of ourselves and the audience I'd like to have a general idea of, based on your experience, when that would be. MR. O'CONNOR: I'm gonna turn to my environmental engineer. But I don't think -- what we're relating to once we have the permits is the construction permits, okay? CHAIRPERSON MATTHEWS: Uh-huh. MR. O'CONNOR: But the time to get the permits -- CHAIRPERSON MATTHEWS: The six months I understand. MR. O'CONNOR: Right. You're asking how much time do we need to get all the permits in place. CHAIRPERSON MATTHEWS: That's the same thing we have with getting permits for a new site. I understand that. But based on your experience can you give us some sort of a time frame? And I know it's an estimate. MR. O'CONNOR: Right. I would venture to say that once we have the plans done, which I would imagine would be a period of a couple of months, okay -- CHAIRPERSON MATTHEWS: Uh-huh. MR. O'CONNOR: -- definitive plans that we would submit to the State, and our hand holding with the State to walk it through the process, I would imagine we're looking at anywhere from five to nine months. CHAIRPERSON MATTHEWS: Okay. Five to nine months? MR. O'CONNOR: Five to nine months to get the permits. CHAIRPERSON MATTHEWS: Including the 60-day planning? MR. O'CONNOR: Let me get our vice president of engineering to answer. MR. DeBETTISTA: It's a little long. I would move that five months time frame down to -- CHAIRPERSON MATTHEWS: Would you -- MR. DeBETTISTA: For the record, my name is Ron DeBettista, Waste Management. I would say on the short side you're looking at about three months to get the permit. We would start, however, we -- I think Warren, Mr. Smith, has mentioned this. Upon approval of this contract, we would immediately start design of the system -- CHAIRPERSON MATTHEWS: Uh-huh. MR. DeBETTISTA: -- to save as much time as we could up front, get that system designed, package prepared, ready for submittal, so we could have it permitted in a shorter period. CHAIRPERSON MATTHEWS: So you would anticipate having -- based on this contract, then, you would anticipate -- and I'm using the word "anticipate .... having the gas management system operational within a year? MR. DeBETTISTA: Yes, yes. COHMISSIONER CONSTANTINE: That's assuming someone distracts Tom Reese during the permitting process. COHMISSIONER HANCOCK: I thought about having him bronzed, personally. CHAIRPERSON MATTHEWS: Then I have one other question. And this one we discussed last Wednesday, and I haven't heard it in the changes that were discussed tonight, and that is the 10e management fee on subsidiaries of Waste Management or brother/sister companies. MR. O'CONNOR: I think the document -- I'm gonna look to my attorney and maybe your staff to affirm this, but I think one of the -- we have two concerns here; that, one, we would kind of double-dip the contract, and the other would be that we would take that fee and use it in an anti-competitive -- CHAIRPERSON MATTHEWS: To reduce the bid, yeah. MR. O'CONNOR: Exactly. I think what we have submitted is language that we would not do that. If we were the low bidder, we would not take a management fee on top of that. So that should solve both of your concerns. Is that correct? MR. RAY: It is. I just observed to the County Attorney's office that language. CHAIRPERSON MATTHEWS: What page is that on? MR. RAY: That's at section 2.15. And there was the change that was given to Mr. Weigel. CHAIRPERSON MATTHEWS: 2.157 Where? What -- MR. RAY: Commissioner, that was a language that was added when the issue arose. I'm not sure it's in the draft. I'm glad to walk up my copy which the Administrator and the County Attorney has which has that language in there. CHAIRPERSON MATTHEWS: I guess that's the question, because as I was reading this over the weekend I didn't see it. COHMISSIONER CONSTANTINE: Thank you. MR. O'CONNOR: Commissioner, you asked us to do it. We agreed to do it. And believe me, if it's not in there you have my word on it, it will be in there. CHAIRPERSON MATTHEWS: I just want to verify that it will be there. COHMISSIONER CONSTANTINE: Madam Chairman, the wording here reads, "The contractor shall not receive the management fee if it or any of its affiliates performs such processing services." CHAIRPERSON MATTHEWS: Okay. Well, that's an add-on that's not in the contract I have. COHMISSIONER CONSTANTINE: Is that referring specifically to C & D? Can we make sure that is specific? MR. O'CONNOR: It's to any operation. CHAIRPERSON MATTHEWS: It's supposed to be any operation. MR. DORRILL: It would include also biomass or tire chipping. CHAIRPERSON MATTHEWS: Fine. Thank you. COHMISSIONER HANCOCK: Let me add to that quickly. Obviously, Mr. Weigel, our concern there was the squeezing out of competition, so to speak. Is that sufficient to make sure Waste Management does not involve themselves in that practice? MR. WEIGEL: Well, this particular sentence inclusion doesn't so much discuss the squeezing out, which is discussed elsewhere that you hear as it does in regard to them getting an additional fee for services they provide through their own entities or affiliates. But there is additional language in here in a different place, and if you would like we can read it into the record in a few moments. COHMISSIONER HANCOCK: Okay. Thank you. MR. O'CONNOR: If we -- COHMISSIONER CONSTANTINE: Can I make a suggestion on those lines, too, that if we are going to have a public hearing by October of next year, one of the other things that have been mentioned in here was our responsibility for any third-party contracts that went beyond a -- whatever our early opt-out date was. And it might be to everyone's advantage not to have any third-party contracts extending beyond ten years prior to October of next year. MR. RAY: Commissioner, yes. That's right. In fact the language that I think you're referring to was deleted in response to that issue, so -- CHAIRPERSON MATTHEWS: I believe that was. Are there any other questions from the board? COMMISSIONER NORRIS: I had one last one. CHAIRPERSON MATTHEWS: Commissioner Norris. COMMISSIONER NORRIS: I apologize if this was discussed while was out, but one of -- one of my concerns, and Commissioner Constantine had the same concern, was about the triggering mechanism or the opt-out provision and when that would occur. And at our previous meeting I had brought up the point that this -- these five people would like to make that decision so that we had you write into the contract that we could do that on October 31st of 1996. If I understood you at that time, and also tonight I believe I heard the same thing, it's immaterial to you at what point in the first six years that decision is made and that we could in fact take up to -- actually, when we're minus 1 million tons in Cell 6. COMMISSIONER CONSTANTINE: We had -- COMMISSIONER NORRIS: Everyone's in agreement that we could actually in six months or six years or anywhere in between we can make that point. MR. O'CONNOR: Right. The October 31st date is really a date that's more important to the county than us for public hearing purposes. If in effect you want that so stipulated in the agreement, that's not a problem. But the reality is you can terminate -- the day after we sign the contract you can execute the early termination, or up till six years you can execute. COMMISSIONER NORRIS: I think that gives us a measure of flexibility that should satisfy everybody as to this one particular point. I mean, we've got a full six years or thereabouts to make that decision. And that is a good measure of flexibility that I think is very important. COMMISSIONER CONSTANTINE: Earlier tonight Commissioner Hancock suggested for our purposes, not for Waste Management, we should still require ourselves to still have a public hearing. COMMISSIONER NORRIS: That's fine. I still feel the same way. COMMISSIONER CONSTANTINE: I commend you for that. CHAIRPERSON MATTHEWS: We did elect to have all the termination options that were previous -- that were in the previous discussion, plus this October 31. MR. O'CONNOR: Fine. CHAIRPERSON MATTHEWS: So they are remaining in the contract, and the others are being put back. CHAIRPERSON MATTHEWS: Are we finished with questions? Then let's go to the public speakers. MR. DORRILL: In advance of that I'll call two names. I was asked during the break to clarify whether or not you're going to allow testimony this evening on any issue pertaining to solid waste and land filling or those issues that have changed or were specifically referenced for change at your last public hearing. CHAIRPERSON MATTHEWS: We had said ten days ago or two weeks ago when we voted to have this public hearing in the evening that we would limit the discussion and the public input to the merits of the contract. And since that is why we're here tonight, I would like to try to -- COHMISSIONER CONSTANTINE: Or lack thereof. CHAIRPERSON MATTHEWS: That we would like to limit the discussion, and I would appreciate the public trying to do that. The matter at hand is whether to award this contract or not. And that's what we need to discuss tonight. I would prefer that we not get into extraneous matters that don't pertain to this contract such as moving the landfill. We've already agreed to do that, or that we want to try to do that. And all of these other issues that pertain to the landfill that do not pertain to this contract, if you would hold that discussion, obviously we're gonna do that again on or before October 31st, 1996. So if we can move forward, Mr. Dotrill, I would appreciate that. MR. DORRILL: First speaker is Mr. Stewart. And Mr. Pickworth, if you would stand by following him. CHAIRPERSON MATTHEWS: Mr. Stewart, we are limiting speakers to five minutes as well. MR. STEWART: Thank you. For the record I'm Jim Stewart, speaking on behalf of the Golden Gate area Chamber of Commerce. I have several comments concerning section 2.9 of the contract. Several of my comments have been eluded to, but I want to make -- make sure that the board is very familiar with these -- with these issues. Section 2.9-A provides that the gas management system must be in place within six months of Waste Hanagement's obtaining the permits for that gas management system. CHAIRPERSON MATTHEWS: That's 2.8. MR. STEWART: 2.8? CHAIRPERSON MATTHEWS: Well, the contract subject may have changed. MR. STEWART: It's 2.8 and 2.9. CHAIRPERSON MATTHEWS: Okay. MR. STEWART: There's nothing in that contract that requires the obtaining of those permits within a specific time. If this contract goes out for 21 years, those -- the gas management system could be extended out 21 years, theoretically. I understand that Waste Management does intend to get it done earlier rather than later, but the contract does not hold Waste Hanagement's feet to the fire in any respect with respect to the gas management system. That is a very important issue for those of us in Golden Gate because of the -- the odors that we've been enduring. The consulting engineer is the linchpin on whether there is a compliance with the -- with the community standards that are attempting to be imposed. There unfortunately is no meter out there, no ascertainable standard that can be identified to measure over, so the -- as an exchange for that what this contract does is it asks a consulting engineer to look at the issue of whether or not a gas management system has been constructed in the opinion of the engineer whether it will work or not. I'm afraid that if the smells continue despite the gas management system that the consulting engineer and Waste Management will both say, Well, this is in the nature of the beast. Landfills smell. What do you expect? And that causes me a good deal of concern. Section 2.9-C permits withholding of 10e of the payments on problems until they can be fixed. Once fixed, no matter how long it takes to get those problems fixed, Waste Management then gets 100 cents on the dollar of what was held. I think there should be some provision where they permanently waive a portion of the 10e withholding if they fail to complete it within some reasonable period of time. I don't know what that period of time should be, but there should be some provision that says that Waste Management needs to get it done by a specific time or else they waive their right to the return of the 10e. I'd like to draw your attention to the last sentence of the last paragraph of section 6.2 on page 7. It is the middle paragraph of section 6.2. The last sentence provides that the contractor shall be allowed to excavate and utilize all off-site material that may be available from the facility, including material made available from the mining of Cells 1 and 2. The contractor shall be allowed to excavate and utilize all on-site raw material. The definition of "on-site" that appears on page -- COMHISSIONER MAC'KIE: Excuse me, 7.2? CHAIRPERSON MATTHEWS: 6.2? MR. STEWART: Excuse me, 2.6. CHAIRPERSON MATTHEWS: Yeah, I'm in 6.2 and I'm reading about insurance. MR. STEWART: 2.6, 2.6. COMMISSIONER CONSTANTINE: Jim Stewart, the dyslexic -- MR. STEWART: The definition of "on-site" means the same or geographically contiguous property. There are 300 acres north of the property where the Naples landfill is presently located that I believe are contiguous to the Naples landfill. I don't think it's the intention of this Board of County Commissioners to permit Waste Management to excavate from those -- from those 300 acres, but I think the technical language of the contract would permit that. In addition in paragraph 3.4 on page 16 there's additional provision relating to leachate may be stored on-site until August 1, 1995. Thereafter, the contractor shall allow on-site storage of leachate. Again, leachate -- on-site again -- the term "on-site" is used again, and that is -- could make reference to the north 300 acres. CHAIRPERSON MATTHEWS: But that north 300 acres is not zoned. COMHISSIONER HANCOCK: I think we just need to get it on the record that Mr. Stewart's concerns will be addressed. That 347 acres will not be a part of -- MR. DORRILL: Also been advised that there's a separate legal description that's referenced in the exhibit, and it's not contained within the legal description. MR. STEWART: But the definition of "on-site" does contain contiguous property to that within the legal description. That's the problem. It's not the problem with the legal description. The legal description is fine. It's the lack of -- of exclusion of the north 300 acres. CHAIRPERSON MATTHEWS: Mr. O'Connor, will you stipulate to that fact? MR. O'CONNOR: Yes, I will. And if I could, Mr. Stewart, on the expeditiously moving the gas system for the installation or developing the permits where there's no specific language, let me tell you what's implied here. We're going to be -- we're going to have to comply with the permit of the facility, which requires us to manage the gas, all right? And if we don't manage the gas effectively at the site, we'll be in default, all right? So I mean the damages in default on this agreement are much greater than I think the language that says we'll try to do it in six months. I mean we are required to expeditiously do this to maintain permit in good standing. And therefore, we will. CHAIRPERSON MATTHEWS: Okay. MR. STEWART: If I may, I'd like to do a concluding statement. Okay. I believe that it's penny wise -- CHAIRPERSON MATTHEWS: Can you wrap it up pretty quickly? MR. STEWART: Sure. I believe it's penny wise and pound foolish to enter into a contract and then believe that our solid waste management problems are over. I think we need to aggressively go out, find another site, another site that would be 1,000 to 2,000 acres, far enough away from everybody that we don't create problems. And I think the Golden Gate community would feel a lot better about this contract and about what's gonna happen if the more assurances were given that this is gonna happen. Thanks. CHAIRPERSON MATTHEWS: Thank you. (Applause.) MR. DORRILL: Mr. Pickworth. And then Ms. Bisbee, are you still here? COHMISSIONER NORRIS: People still don't understand that's exactly what we're trying to do is buy some more land and move the landfill. And yet everybody's comments still are hinging around that point and trying to ask us to do that. We've already committed to do that. I mean what's the problem? CHAIRPERSON MATTHEWS: Uh-huh, we have. (Applause.) COHMISSIONER HANCOCK: One round of applause, just one. CHAIRPERSON MATTHEWS: Mr. Pickworth. MR. PICKWORTH: Good evening, Commissioner. For the record I'm Don Pickworth, representing Adington Environmental. I'll be brief. I have two main points. Seems to me there's two problems here. One is the contract, and the second is the whole thing of what we're doing, if you will. With regards to the contract, I -- I would just say at the outset I hope that at the conclusion of this tonight, even if you are convinced that signing a contract with Waste Management is the thing to do, you won't sign a contract tonight or approve a contract tonight, because if there's anything tonight's meeting has demonstrated to point is that there's still a lot of rough edge's to this. There's still a lot of things that say, well, it says this but we all mean this, and I'll give you zibiday (sic), the whole gas management thing. Everybody walked away for two weeks thinking that post-closure gas management in accordance with federal regulations was part of the initial contract, but we ended up with it didn't get in there through -- nobody saw that, or in the rush or whatever. And I hope you will do all of us citizens the honor of, you know, something like this that's a $3.6 million item according to the discussion I've listened to tonight. And I would hope that when we're talking about money like that that at least you will insist that the final draft-ready contract, no matter how many more meetings it takes, be presented and thoroughly looked at and thought about before we sign it. I mean, that's just good business. I'll throw out a couple -- just a couple more clauses. It was -- I was paying attention to the discussion that -- that Ms. Mac'Kie was in earlier which dealt with the best management practices, and what do you do if the county wants to insist that maybe some things be done better? And I call your attention to section 5.5, because what that says is you get to tell the contractor to prepare a change order and he gives you some costs and some figures and some profit numbers, and you get to decide whether you want to do that or not, and that's all. That's what it says. If they say it's 28e or 32e profit, you get to say we don't want to do that, and you pay them for their design costs and everyone walks away. It doesn't happen. That's a fixable problem, but it ought to get fixed, because I don't think that's what you want. I think what Ms. Mac'Kie is concerned about is a valid concern. If all of these practices don't work and we need to do something, nobody's saying they shouldn't get paid for the cost of doing that, but you ought to be able to -- again, it's a question of who's gonna be in control? It's your landfill, and you ought to be in control. (Applause.) You know, another simple one, the 10e for the contractor, which I guess they have the language. Some people don't have the language. Again, let's get a draft-ready contract and let's all look at it and be all looking at the same one and think this over so we know what we're signing. Those are contract problems. They're -- they're fixable. Let me tell you what I don't think is fixable and what the real problem with this is, and that is that we're a long ways from the RFP. And, you know, the attorney's nature is to disagree. I just don't agree with Mr. Weigel, and you can't throw words like "optimize" in here. It's real clear that what you're doing here right now is negotiating a short-term contract. I mean that's what you've all said you wanted. That's what you told the people you're doing. You're doing it without RFPs and without bids. And I think the bottom line of this is maybe privatization is a good idea. I was listening to some of the numbers before. But at the very least bid it, and make sure that you can then go to the people and say we have got the best contract that can be gotten. And you don't have that. You started with an RFP for optimization. And what we're trying to do now is patch all this together because we all recognize now that that whole RFP and what it asked for wasn't even what we wanted. So now we're trying to go back and put this thing back together again. And that's the fallacy of all this. And you can't fix that through fixing the contract. You need a very specific request for bids or proposals based on what you want. And then let contractors come in and give you a proposal. I don't see what gets hurt by that. COMMISSIONER MAC'KIE: I have a question about that. I see one thing that gets hurt by that is the possibility of what I said before about everybody seeing everybody's cards already, so is it a fair process? But setting that one aside, we do have -- from back in September, '94, an apples to apples bid where Adington and Waste Management bid on a 108-foot landfill, and Adington's bid was 25.5 and waste managements was 14.9. I can't see anything to lead me to believe that as far apart as Adington's bid is from Waste Management's that if we re-bid this we're gonna come to a different conclusion. MR. PICKWORTH: Ms. Mac'Kie, number one, you accepted and you did this on the basis of the alternate bid, and the difference was not that big there. When you start taking and start equivasizing (sic) numbers, I think you'll find that right now we could probably go through a process if we wanted to just stand here and play number games and show you that in fact as you stand here right now Adington was really the least expensive bid. COMMISSIONER MAC'KIE: That's so difficult. I mean I understand there's lots and lots of statistics, but -- MR. PICKWORTH: But this isn't in, that isn't in, and the other thing isn't in, and the scalehouse, and this and that, and when we get all done with all of this -- COMMISSIONER MAC'KIE: Your bid is $10 more than Waste Management. COMMISSIONER NORRIS: 66~. MR. PICKWORTH: It was for a lot more time. COMMISSIONER CONSTANTINE: I'm not gonna stand up for Adington, but I will say this bid was for optimization, not for a straight ten-year period. MR. PICKWORTH: Exactly. COMMISSIONER MAC'KIE: I agree with that. My point is measuring -- balancing the damage that's done once the envelopes are open and everybody's seen everybody's cards, balancing that with an analysis of how wide the spread is between Waste Management and the next lowest bidder, what are the odds that we're gonna come up with a better deal than we've got? And when you balance that with everybody having seen everybody's cards, that persuades me that we have the best deal we can get. MR. PICKWORTH: Well, I know I'm out of town, but I would like to respond to that with two quick points. Number one is as far as seeing everybody else's cards and everything else, we're dealing with -- that's the whole point. We're not dealing with what anybody's seen anybody's cards on because we're talking about an entirely different thing, basically a ten-year operating contract. Secondly, it would seem to me that our obligations here in this county is to make sure that we get the best deal for the citizens of the county, not who saw whose cards. (Applause.) COMMISSIONER MAC'KIE: I didn't get to hear the last part. Don't worry about what? MR. PICKWORTH: Not worried about who showed what cards. If you decide to go out for a ten-year contract, you're starting from scratch on that with your specifications. COMMISSIONER NORRIS: Let me say on the record for Mr. Weigel's sake that we feel this contract is what we -- what we put out for an RFP, what your firm bid for, for what the other two firms bid for, and -- although we have made some adjustments in the contract, this is what we wanted in the first place. And I will say that for the record. MR. PICKWORTH: I appreciate that comment. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Pickworth. MR. DORRILL: Ms. Bisbee and then Ms. Tuff. CHAIRPERSON MATTHEWS: Ms. Bisbee. MS. BISBEE: For the record, I'm Nancy Bisbee, president of the Golden Gate Estates area Civic Association. You've heard my problems before, and I still feel that the county should take -- keep the landfill and not let it out for privatization. I have one question that is in my mind. If they go to 108 feet on about Cells 1 and 2, will they put it on that? If they do, what's it gonna do to the leaching? CHAIRPERSON MATTHEWS: This contract calls for completion of Cell 6, if we elect to terminate according to that. COMHISSIONER HANCOCK: 1 and 2 would be a later phase. It would have to be mined, reclaimed, the cells would have to be reconstructed and lined before reused. It's not a situation if they increase the height of stacking it on top of 1 and 2. That isn't gonna happen. CHAIRPERSON MATTHEWS: Ladies and gentlemen, we're gonna -- we're gonna take one more speaker, and I'm gonna have to take a break because the court reporter has to make a phone call to get a replacement. She has to leave at 10:00 o'clock. So we'll have one more speaker and we'll take a short break. MS. TUFF: You could have taken the short break first because I have to go to the bathroom really bad, but that's okay. COMMISSIONER CONSTANTINE: Did you get that on the record? MS. TUFF: And I'm speaking as a private citizen. I live in Golden Gate. I'm gonna pretend that you are my sisters for just a moment. It's kind of strange. COMMISSIONER CONSTANTINE: That's very strange. MS. TUFF: But if my sister comes to me and she says, I'm planning to get married, which is a contract, a serious contract, and she says, I'm a little uncomfortable about some things about him, but I think that we can work it out. I'm going to say, I don't mind you getting married. That's a good idea to be married. You may be better off if you're married, but maybe you better look at that spouse and consider what you're looking at before you enter into it. And that's all I have to say. Thank you. CHAIRPERSON MATTHEWS: Thank you. COMHISSIONER HANCOCK: I don't know about you, when I got married I didn't have all the answers but I'm darn glad I did it. MS. TUFF: There are some that may not be able to say that. CHAIRPERSON MATTHEWS: We're gonna take a short break for ten minutes. (A short break was held.) CHAIRPERSON MATTHEWS: Reconvene the Board of County Commission meeting for -- yeah, it's still February the 7th. COHMISSIONER HANCOCK: Not for long. CHAIRPERSON MATTHEWS: Let's move forward with the landfill privatization contract. Mr. Dotrill, we're in the public speakers. MR. DORRILL: Mr. Perkins. Following Mr. Perkins I have Mr. Siesky. CHAIRPERSON MATTHEWS: Mr. Perkins, we are addressing only the contract. MR. PERKINS: I promise to be good and not to hassle anybody, and that includes anybody from the East coast. CHAIRPERSON MATTHEWS: Okay. MR. PERKINS: A1 Perkins, Citizens for Constitutional Property Rights. The contract: I'm going to spin through this. I take exception to certain things, first of all, whereas the county has determined that in the best interest of the citizens of Collier County to engage in services as a private contractor. Big brother doesn't need to dictate to me how I'm gonna spend my money. I usually do it the other way around. Landfill gas: This contract says that you're in partnership with whoever happens to get the contract and that you get the chance to take and maintain and keep all the gas. Nobody has mentioned how much money do you intend to make off of the gas, because Waste Management in Pompano is not over there doing to for free. They're making money at this, otherwise they wouldn't be sitting here tonight hustling you. Waste Management wants to use a flare. That means you're gonna burn up the penny that you could be saving. It's about $100,000 a month. That's all right. It's not their money. The Immokalee landfill and this landfill out here, the Naples landfill: It says they're gonna close the Immokalee landfill when it fills up or when it's full. Well, it would be to their advantage not to fill it up, just to keep it right on the edge. Then it would be constantly open for the next 51 years. The 51 years is because of the fact that if you're talking about a 21-year contract, you're also talking about a 30-year maintenance on the gas and on the landfill. That means that Collier County is gonna be obligated right down the line whether that Waste Management is here or not. The cover material and the employees out there: Apparently there's gonna be a lot of people that are out of work and a lot of people that are gonna lose money that are on the payrolls at the present time out there. Waste Management I know has lobbyists because of the size of the company, and they already know what the EPA is gonna take and stick down our throat. Now, we have in here -- we have contract changes, and that's going to take and open it up to a whole new ball of wax. "Contractors shall not knowingly accept any solid waste from outside the county at the facilities." Well, who's gonna monitor that? And if you want it to, if they need it, the material in Pompano to generate electricity, would it pay then to haul it from here over to there and maintain these landfills in a limbo situation so that we can take and subsidize the trash and garbage to Pompano for their -- so they can make some bucks on this thing? The closure costs: We're obligated for closure and we're also obligated at two landfills for 30 years apiece. This is people, facilities, equipment all the rest of it. Nobody's mentioned this tonight on this thing. It's in here. That's a 30-year deal. Now, there's something else in here that I can't figure out, and I'm ignorant on the whole bit, leachate collection system of Naples landfill to the county's off-site waste water treatment facility. Apparently we're gonna pipe water from one of our waste water sources to the landfill. CHAIRPERSON MATTHEWS: No, just the opposite. MR. PERKINS: The opposite? CHAIRPERSON MATTHEWS: We're going to pipe leachate to the waste water treatment plant. We're required to do that under the current permit. MR. PERKINS: Okay. In other words we have not got any pipes in-ground or any of the rest of the stuff? CHAIRPERSON MATTHEWS: I don't think quite yet, do we, Mr. Dotrill? MR. DORRILL: No. MR. PERKINS: Any numbers on it? Because we're talking about money predominately, the money that we're gonna spend, the money we don't have, the money that we could make on this thing, and we're not going after it. I just about completed everything here. CHAIRPERSON MATTHEWS: Good. MR. PERKINS: Just the changes in the law. That's the only thing I'm afraid of. CHAIRPERSON MATTHEWS: We're all afraid of changes in the law. MR. PERKINS: See, I wasn't so bad tonight. CHAIRPERSON MATTHEWS: Thank you. (Applause.) MR. SIESKY: Good evening, Commissioner. I'm here tonight -- Jim Siesky, for Linda Harszalkowski and Naples Recycling Resources. I want to address my primary comments to paragraph 2.14 and other comments related to some of the discussions this evening and try to put it in the "Philadelphia" story mode. It's a multiple-choice, fill-in-the-blank question. Collier County government should: (A) encourage recycling, (B) be impartial or neutral regarding recycling, or (C) encourage recycling. I think that each of the county commissioners will agree that the obvious and appropriate answer is (C), encourage recycling. It's the responsible thing for government to do, and it's the economic thing for government to do. It's economic because in this instance the recyclers' margin of profit relates to that cover material that is sold to the county landfill. It's economic because every ton of landfill debris that does not go in at the rate of $15 per ton is a savings to this county of that $15 per ton. Over the course of a year at $100,000 -- 100,000 tons of material, that's $1.5 million of savings for the county if you mandate that the contractor purchase the cover material from the recyclers. If you do not there will be no incentive, the recyclers will go out of business, and it will cost you $1.5 million per year. I've provided earlier this week -- or last week I guess it was, a proposed paragraph 2.14 for the County Commission. If you don't have it, I have another copy here for you. It does just that. It mandates the purchase and provides the incentive for the recycler to stay in business. Second comment is regarding tarps. One of the representatives of Waste Management mentioned an 18-hour rule. First, I think that assumes that the garbage gets to the landfill within 18 hours after being deposited in the home garbage receptacle. Second, I think it's probably assuming it's Wisconsin and not Naples where the average temperature is in the neighborhood of 90 degrees year round, excepting this time of year. The third comment is regarding bidding. In my tenure as school board attorney, we had the opportunity to re-bid something on occasion from an error that was made in the bidding process or some other reason. Without fail the re-bidding resulted in a lower price. The reason for that was, as you said, Commissioner Hac'Kie, the cards were on the table. Now, that may not be to the advantage in this case of Waste Management, but it is substantially to the advantage of this county if it is re-bid. (Applause.) Right now Waste Management has no competition. My last comment is related to the dollar analysis by Commissioner Matthews and the dollar analysis by Commissioner Hancock. I think there's a significant question created by both of them, and I think it demands further analysis. Commissioner Hancock, your analysis may be affected by the CPI increase, I don't know. There may be other cost consideration that go into the analysis that you made. But I think that they should be considered and this board should make an informed decision. Thank you. CHAIRPERSON MATTHEWS: Thank you. (Applause.) CHAIRPERSON MATTHEWS: Ladies and gentlemen, I'm gonna have to ask you to keep your applause down. We -- we have sort of promised the stenographer that we'll be out of here by 11:00. Miss Philson has said we don't have any tape after midnight. So I'm gonna ask you to keep the applause to an absolute minimum. I know some people are gonna say things that you like to hear and others are gonna say things that you don't like to hear, but it does take time when you make these applauses. Ms. Harszalkowski. MR. DORRILL: And then Mr. Wilt. Glenn Wilt, if you would stand by, please. MS. MARSZALKOWSKI: My name is Linda Harszalkowski, and I own Naples Recycling Resources. I'd like to speak to page 11.2.14, which relates to cover material. AUDIENCE MEMBER: We can't hear. MS. MARSZALKOWSKI: I'm sorry. My name is Linda Harszalkowski, and I own Naples Recycling Resources. I'd like to address page 11.2.14. Unfortunately, I believe there are two contracts floating around and I have only seen the newest one about five minutes ago -- or about five to ten minutes ago. And I feel that we should have gotten that contract January 31st when we were all supposed to get it. Since 1991 the cover material for the landfill that was produced by the C & D recyclers has been 100e used. There is only so much fill that can be produced from the C & D waste stream. However, this market allows us to recycle all the other products that are considered construction and demolition. And since 1991 we have never failed in an inspection of our material. The county currently does a lab report on this material either weekly or monthly and sends the analysis to the State. I have those reports with me if you'd like to see them. Currently we are recycling. And our cover material contains 75e dirt and Modern Recycling contains 70e which means that our product is better than theirs. The county has always mandated the use of materials since we started this project. The county litter ordinance has closed off all other avenues to use this fill material. We have no other place to go with the material. David Russell came to you at the last meeting and said the C & D recyclers saved the county money. The county did not need to use up its budget for the cover material because the C & D recyclers produced inexpensive material. Recycling competes with land filling. The EPA and the Environmental Defense Fund asks us to always use recycled materials first to save our natural resources and our earth. This request doesn't sound like a trend to me and the thousands of other worldwide community that are doing the same. Recycling is a liability to Waste Management. It costs more to do. The profit margin in landfilling is much greater than recycling. As recycling improves, less material will be landfilled and less profits Waste Management will be making. If our C & D projects are eliminated, it would mean 100,000 tons of material will again go into the landfill yearly and Waste Management can bill the County an additional $1,400,000 yearly. Your staff proposal stated that tarping the landfill does not cost any more than using the C & D fill material. All five commissioners agreed that use of the C & D fill material would be used instead of tarps. In the past the contractors in our landfill mining and C & D recycling were all included in the process. The use of tarps will eliminate the need of these projects and create an odor problem for the people who live in this area. Mr. Siesky has forwarded you a paragraph for you to review. This paragraph, number one, protects any C & D recycling company that might want to establish a business in this community. It protects the county from a contractor who would use chipped tires for cover material. Currently Waste Management does not use a tarp in the Lee County landfill. It uses chipped tires. Waste Management -- a landfill fire with chipped tires as cover material could be devastating to this community not only in odor and fumes, but an inability to put out fire for days. There should be very little reason to use a tarp even as an emergency. For the past five years several days of cover material have been stockpiled on site so that they have enough material ahead. At 2-14 the words "best efforts" and "facility's needs" don't mean anything if it's in the best interest for Waste Management to put us out of business. Waste Management, if they control the facility at the landfill, will be receiving a 5e management fee just for their C & D recycler to be on site. I would really appreciate your consideration in this management. It means the difference between my business and not having one. Thank you. CHAIRPERSON MATTHEWS: Thank you. Mr. Wilt. MR. DORRILL: And then Dr. Stokes. MR. WILT: Good evening, commissioners. For the record my name is Glenn Wilt. First of all, to begin with let me compliment all of you people sitting up there, plus the staff, for the amount of hours and diligent work you've put into all this. You've all done a really hard job and done a lot of good work trying to solve this problem. However, we still have a problem the way I see it. There are a few problems. Some of the points I'm very seriously concerned about, -- some of the points have been covered by the speakers, but I want to reemphasize them. The primary concern, of course, I have -- the first one is the synthetic tarp cover for the face of the landfill. The county's currently using the practice of using cover fill on the face. I see no reason for that to change. As I stated the last time I was here, and I think Commissioner Hancock emphasized it again this evening, they say if they only have an 18-hour window frame that face is open, that's all well and good. But if your garbage is only picked up once a week and then it's dumped out, it's already a week old when it goes on there, then they're gonna leave it open again. It's just like opening the garbage bag the next day after you've had trash in it, you know. The smell is there. I think it should be mandatory that they use fill cover on the face, not the tarp. Next, I'm not a CPA or a bookkeeper, be first to admit that. Therefore, I must rely on people like the chairperson here. She understands the dollars and cents of this contract. And when she's concerned about the dollar figures, I guess I better get concerned also. The next item -- Commissioner Hancock stole some of my thunder on this one. When you get into page 3 of the summary, I don't understand why Waste Management does not agree to escrow funds to meet future obligations. It seems like a reasonable approach to me to put a little money in the bank each month so you have funds that are needed for identified future needs. We're talking about a current tipping fee of $25 a ton, their fee of $20.70 a ton, we're talking about a difference of $4.30. What does that mean to an average household? I think figures I've heard before and in the past here that's something like 90 cents a household per month. Really, what is 90 cents a household when the county's gonna need money to go on to a new site and do bigger and better things? Why not put it in escrow? Do we wait three years and then raid the bank for lump sum all at one time or do we plan for future needs? The other thing I've heard in the contract this evening, on page 1, "whereas to optimize the landfill," page 24, Option A and then Option B, and then we talk about we're gonna make a decision October of '96 -- or no, maybe it's gonna be six years from now and which board's gonna make the decision? This all leads me to one closing point that I'm coming up to. Being an old army man I've heard this term used before and I'll use it again: This reminds me of the United States government going out with an RFP to obtain a horse, and by the time they get finished they ended up with a camel. I don't see any need to rush to the judgment of this contract. We've been on it two years now. It may take two more years. Everything has changed since the RFP went out. I've been to every one of the meetings. Everything has changed. Roll it over. We're trying to put on a little Band-Aid in this side and a little Band-Aid in this side. And I've listened to lawyers tonight. One lawyer talked to another lawyer, and a commissioner talked to a lawyer, commissioner talked to another commissioner, and you use words -- and you're confusing each other about what's in the contract. If you can't understand it, why don't we throw the bloomin' thing out? (Applause.) Thank you for your time. CHAIRPERSON MATTHEWS: Thank you, Mr. Wilt. MR. DORRILL: And then Mr. Colletta. CHAIRPERSON MATTHEWS: Mr. Colletta is after Mr. Stokes. DR. STOKES: I'm C.A. Stokes, 2355 Kingfish Road, Naples. As you know, I have no objection whatsoever to privatization, whether you do it by contract or by bid as Commissioner Constantine suggested. I think that's an interesting idea. I've no objection to Waste Management. They are a very competent company. I own stock in them at a loss, I regret to say. But this contract does not provide the flexibility for volume reduction. For some eight years now I have appeared before this commission to argue for eliminating landfill, not perpetuating it. This objective was recognized in your other RFP which has now been answered by three qualified companies and completely ignored. But you can have both. You need landfill for some years, at least until you can have a volume reduction operation in place. You may need it beyond that because there may be a non-putrescible residue from volume reduction to landfill. It is unreasonable to consider getting out of the landfill business overnight, but what I would like to suggest to you is writing a contract that allows for an early pursuit of a 70~ volume-reduction objective and elimination of landfilling putrescible materials. That's landfill as we know it, putrescible materials. If you're landfilling non-putrescible materials, that's a different ball game. Now, as this contract is written it's a death now for volume reduction and an almost certain perpetuation of landfill for the life of the youngest person in this room. No volume reduction company will take you seriously. Why should they? It's eight years before you can start to consider volume reduction, three to four years to argue and fuss over it, that's eleven years down the road. I'm 79 years old. I've been appearing here for eight years. I don't know whether I'll make it. If you're seriously interested in volume reduction, then make a contractor put out bids for privatization that works with your objective, not against it. There's room for Waste Management to extend its services to this county. They can work with you on your long-term needs if you structure it that way. It's not at all unlikely that Waste Management headquarters may go out and buy a volume-reducing process company. They already own one compost company. They may be in the business of offering land -- volume-reduction services. But here you are locking yourself into finding and permitting a new landfill while ignoring volume reduction by default, not necessarily by your intention. It costs money to go from septic tanks to sewers, but we wanted to do it because it's a better way. If a better way is found to handle solid waste, it will cost more than landfill and you can count on it. But do you know the cost of landfilling long-term? It may include hauling to the north of Immokalee somewhere along with all the other costs, or it may include hauling to another county as Lee County found out. They couldn't permit another landfill. Now, if the tipping fee for volume reduction is $25 higher than whatever landfilling arrangements you make, what does this really amount to? It's 4 to 6 dollars a month more per average household. Is this too much of a price to pay for eliminating landfill as we know it? So I would simply urge you to restructure this contract to fit your real long-term needs and objectives, and then reconsider it. If you can't do that, perhaps it is not the best thing to do now. Thank you. CHAIRPERSON MATTHEWS: Thank you, Dr. Stokes. MR. DORRILL: Mr. Colletta, and then Mr. Delate. MR. COLLETTA: For the record my name is Jim Colletta. I'm president of the Golden Gate area Chamber of Commerce. We have 196 business members. I'm not here to beat up on you tonight. I really believe that you are sincere about moving the landfill. I wish we -- our sincerity was a little tighter time frame. However, getting into the contract -- that doesn't count as beating up on you I don't think, does it? I'm doing all right, Tim? COHMISSIONER HANCOCK: Thank you for not pounding on the podium tonight. MR. COLLETTA: Speaking to you tonight on the contract, the contract you have in front of you is flawed. That's obvious. The county staff and Waste Management have made an attempt to address the landfill problem through the proposed contract, but we are still falling short of fulfilling the interest of Collier County residents. As our representative it is now up to you to accept or reject the proposed contract that is now written. I have talked to each of you in the past week, and I listened to you speak tonight. And one way or another I have heard each of you address -- express concern, genuine concern, and since -- on this contract. It you're still having a problem with this contract, please follow the dictates of your conscience and vote this contract down. I am sure that with a little more time and effort we can all arrange to have a more favorable working situation. Thank you very much for your time. CHAIRPERSON MATTHEWS: Thank you, Mr. Colletta. MR. DORRILL: This should be John Delate and then followed by Michael. MR. H. DELATE: Is it all right, if I go first? Mike Delate. Just like to touch on a few brief topics here that haven't really been hit yet. The first one is I haven't heard yet how much the buy-out will cost the rate payers at the end of the eight- or nine-year period, if I could get an answer for that. Do we have an answer? And are we now getting closer to the county's figures? COHMISSIONER NORRIS: Mike, you can use your time to talk or you can use your time to ask questions. MR. H. DELATE: But I'd like to get an answer so everybody can hear. MR. DORRILL: Option A is $4,490,000. And Option B is $6,186,000. MR. H. DELATE: Okay. What would that be per ton, on a per-ton basis additional? COHMISSIONER NORRIS: You know, if you have these questions, you can ask the staff and let us go on to the meeting. MR. H. DELATE: Okay. If I could have them bring it up, though, I'd like everybody to hear it. I've already looked at the numbers and they're now getting closer to the county's figures. MR. DORRILL: About $2 or $3 a ton. MR. H. DELATE: $2 and $3 a ton that will have to be added on through those eight years if we agree to have the buy-out clause. CHAIRPERSON MATTHEWS: I believe it's already included in the $15.06. MR. H. DELATE: So we're up to 16.79 or 18.04 a ton. COHMISSIONER MAC'KIE: Post-closures, not closures included; isn't that correct? Post-closure's not in that somewhere between 2 and 3.5 million dollars. MR. H. DELATE: Post-closure plus the unamortized costs. COHMISSIONER MAC'KIE: Right. That shows that too. MR. H. DELATE: Okay. So we're up to total of 16.79 a ton, closing out at nine years, and Option B the eight-year figure is $18.04 a ton. So we're getting closer. Is it really worth that difference to the rate payers? The second topic here is regarding odor control. Odor control hinges Florida Administrative Code, Chapter 17-701.400(10). If you look at that section in the code, and I encourage you to read it, it's very vague and nebulous as far as what odor is and what they have to do as far as controlling odor. We have no standards in this contract that I can see regarding odor, what an odor is, and how offensive it gets. How is the consulting engineer going to determine what an offensive odor is? How is he gonna determine if that gas management system is working effectively if he has no standards to judge it on? Then there are no penalties for Waste Management for exceeding these standards that don't exist. So I see a big problem with that. The citizens of Golden Gate and that smelling area around that dump are gonna be subjected to probably what's happening in Lee County and the tremendous odor problem they have there with the Gateway community. The third topic I want to touch on briefly here is the need for the 50 acres of lined cell, the future landfill. This doesn't necessarily pertain to the contract, but it could be tied in. That 50 acres assumes that there will be no reduction in the waste stream. So we're precluding any alternative technologies in determining that we're gonna need 50 acres at the end of eight years at a cost of $20 million. So I don't think we're comparing -- in addition I don't think we're comparing apples and apples when we say we need 50 acres in eight years versus what is needed at the existing facility at the end of eight years and how much will be needed to handle our waste stream. That's all I have for right now. But hopefully you'll consider those topics when you vote on this contract. Thank you. (Applause.) CHAIRPERSON MATTHEWS: Thank you, Mr. Delate. MR. DORRILL: John Delate. Mr. Keller still with us? MR. J. DELATE: For the record, John Delate. I must admit I don't know a whole lot about landfill engineering, but I do know that my garbage begins to stink when I put it on the curb. If I pull open the Hefty bag and have to stick something else in it, that odor comes flying out, and that's pretty bad. That's called anaerobic degradation. So it stinks when it goes to the dump -- or landfill as you want to call it. The 4,500-sqaure-foot tarp will release a lot more odor than my Hefty bag. You don't need to be a scientist to understand that. You pull that up, the gas -- the smell has to go somewhere. It's gonna go up. But I guess that one extra year of the life of the landfill is more important than the containment of the odor. Now this is not a trick question, Mr. Constantine, but does the Gateway community have a neighborhood landfill watch group considering that the Lee County emits an awful odor and greatly diminishes their quality of life? And that's documented. I wonder, do they have a group that gets together and discusses that? And you're gonna guarantee us here -- tell us -- tell the people that you're gonna control the odor? Let's be honest with everyone. Let's be frank. This contract everyone has said is a 21-year-plus contract. If you intend to close the landfill prior to that, anyone can see that in signing this contract you would not want to opt out from a fiscal standpoint. The incentives are too great to stay, and the disincentive to leave it too great. But each commissioner and the county manager has publicly stated that they desire to close the landfill within ten years. Why then in the name of rational thinking would you sign a contract that contains serious financial penalties for leaving the site prior to optimization? If you want to buy out in eight years, then reissue an RFP for eight years and have two years extensions on it. There's no rational reasons why we shouldn't do it. Plus, in one and a half years you will not have a permit for a new site, so how could you make a more informed decision at that time? And if we make a decision up any longer than that, it's gonna be a new board and, therefore, we've precluded what we set forth here which is this board was gonna make that decision. Another major issue -- it's been touched on, but it needs to be reiterated. Do you seriously want to be known as the board that precluded a more comprehensive recycling program into the 21st century? If you agree with this privatization, that's what you're saying. Recycling is a fad. It's not even worth our interest. Recycling -- this contract is a total disincentive for it. Just for example, there are hundreds of restaurants in Naples that don't recycle anything that could get involved in a big program. But our contract precludes that. You could withhold 90e of the pay, it doesn't matter, you're not gonna make up for that. I went to -- over today to the conservancy and looked at their information on recycling. I found very interesting things. Anyone can read it. There's ample information on it. Recycling saves natural resources. It saves energy. It reduces pollution. There are recyclables well beyond the one and two plastics that we do here. You can certainly recycle cardboard; eight million tons per year are done in this country. The mixed paper, including all the junk mail and magazines that we receive that we throw out and stuff up the landfill, and as I mentioned restaurants. We need an incentive clause in the contract that says the less you put, the less you pay. It's ridiculous. Again, we're moving into the 21st century and we don't want to do any recycling. I'm gonna close with a statement that is wholeheartedly my opinion and solely my opinion. It should not reflect on anyone else here or anyone else in the Golden Gate community. But to me the attendance tonight is indicative of the sentiment of the public, from what I feel. That is the big boys have already won. I guess it really was a done deal from the start. Two other provisions recommended by the board at the January 17th meeting, one, the precise odor control regulations and penalties, and two, recycling incentives were all but ignored. In my opinion this is symbolic for the disdain of the public, especially from the citizens of Golden Gate. Approximately two years ago the director of the county Solid Waste Department resigned his position. Since that time several other staff positions have been vacated and, along with the director position, have never been refilled. Perhaps it is a mere coincidence that the entire landfill operation has deteriorated during that same period. And after the direction and support were withdrawn, is it any wonder that a call came for privatization? On the Loveday -- Lytel show on 2/2/95, Jeff Lytel said, "It seems that staff is driven. They feel beholden to do a contract with Waste Management. It just seems like everyone is hell bent on doing something with these guys. I often think that there just seems to be no distinction." I think Mr. Lytel had it right. So I guess, in closing, privatization really does mean privatized profits, publicized risks. I feel sorry for the people in the Lee community. You're next. (Applause.) MR. DORRILL: Mr. Keller, then Mr. Mast. MR. KELLER: George Keller. I'm voted the official spokesman for the Golden Gate Estates Civic Association; however, Nancy Bisbee is the president. This thing has gotten way out of hand, to be honest with you. And it just -- it just doesn't seem possible -- I've been attending these meetings for some 14 years, and it doesn't seem possible how this thing snowballed to the point where we're working on little parts of a contract when we don't have the concept set up in our mind where we really want to go. We talk about money. I've been in this county since -- for 26 years. There was 35,000 people in this county when I got here. In the last ten years we increased many, many times. It's been a very fast increase of population. We have saved $7 million on the fees that have been charged to the people to take care of their waste up to today. And if we could do that with the lower population and the population increase, then we sure should be able to go and have ample money in that reserve fund to take care of any future waste -- waste management problems, whether it's recycling or whether it's another landfill. So the -- we can't say -- I don't know why we say that we have made mistakes in the past and we have to make a big change to privatization. This privatization has -- if you go over the figures, you find out it don't amount to a hill of beans as far as how much it's gonna save the average homeowner at the end of the year. And as a terrible -- the very fact that you've gone over this contract so many times and pull little pieces apart and haven't made a decision as of now means there's a lot of other things to be considered in this contract. This contract is not good for the general public. And we shouldn't -- we should forget about a contract and forget about privatizing the landfill and go on the way we were and make our plans as to when we want a new landfill, what year we're planning on, and how we're gonna get the money to go and do the job. We don't need Waste Management or anyone else telling us how to run our show. And if we don't have the people in our department that can run our show, let's get them. We don't need a private company to go and tell us what to do. So let's get on the ball and let's solve this problem for the people and not for any particular company. Thank you. (Applause.) CHAIRPERSON MATTHEWS: Mr. Mast. MR. DORRILL: Mr. Mast, then Mr. Henning. MR. HENNING: Good evening, Commissioners. My name is Tom Henning, president of the Golden Gate Area Civic Association. I'm gonna look at this contract as a 20-plus year contract because I do see that we are gonna have this landfill operation in the Golden Gate area 20, 30, 50 years. So I do have concerns that -- that we need to protect the people, especially about the gas management system. And, Commissioner Mac'Kie, you tried to address that in our last public hearing, and I don't know if you really got what you really wanted. It does -- here on the gas management it has some federal mandates that are not enacted at this time. It also has a DEP or Florida State statute which, by the way, in 2.8 that section is not correct. That's supposed to be 62-701400, and that pertains to gas management or odor control systems. And in the odor control systems what it does say is it's not to -- it's not to exceed lower explosive limits for gases at or beyond landfill property boundary. So what it's saying is it has to be below explosive levels. That's -- to me that's not acceptable to the Golden Gate residents around that area. And we need something in this contract to do this. Also, about the -- holding the 10~ out of if they do not meet these requirements and after they fix them they get their 10~ back, this reminds me of what I do with my son when he doesn't make his bed or doesn't clean his room up. I take his Sega away. So it's a constant battle. I'm telling you it's a constant battle what I go through to make sure his room is clean and make sure his bed is made. And we don't -- the citizens of Golden Gate doesn't want the county to have a constant battle with that. If you could hold money -- or just forget this contract, hold money and do something for the Golden Gate citizens and not give it back to Waste Management. The ground covering -- temporary ground covering is unacceptable to the Golden Gate residents. As Wilt has said, it's only common sense when you open your garbage bag after it sits in the garage for three days or something it's gonna smell. I've had maggots in my garage, you know, after sitting three days when we had recycling pick-up on a Saturday, it was a total of a week, you know, it sat out there. So this temporary cover is not acceptable. And, Commissioner Hancock, I hope that you have the ability and I hope you will see that that is removed out of this contract. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Nelson, then Ms. Maas-Zichella. MR. NELSON: Good evening. For the record my name is Doug Nelson, representing the Collier Building Industry Association. I come to speak not specifically about this contract or any other contract but more importantly to the tipping fees that contractors pay at the -- at the dump. As you know, obviously, controlling -- with this contract the cost that the county will pay Waste Management if those fees are structured then by default the tipping fees that we pay to the county are gonna be covered. We -- I had asked specifically for a definition of "inert material" to be added. I asked for a definition of "C & D material" to be added and an incentive to be put in there so that there would be recycling of C & D if it came in with other types of trash. Without these incentives in this contract or any other contract that we may end up looking at in the future, you raise the cost of inert dumping 400~, or in the case of C & D possibly 25 -- or actually more than 25~ which is the largest component. You put that into real terms and dollars, on one contractor's large commercial job in Collier County that could be $100,000 of additional trash fees to build that one building. In the case of another contractor in Collier County, his costs could be changed between 2 and 3 million dollars in two years without the definitions of again "inert" and "C & D". Now, let me state for the record additionally that as we ask for these things Waste Management has provided them in the revised contract that you guys just received a couple minutes ago. We are very happy with that, and they responded. But I would -- I do have two requests. First of all, that if you go into -- and I need some feedback on this -- COMMISSIONER CONSTANTINE: Doug, just so you know, you're a little ahead of us. We haven't actually seen the revised copy of the contract. MR. NELSON: I'm sorry. Typical. I saw them being handed to the County Attorney here. COMMISSIONER MAC'KIE: You're saying you are satisfied with the inclusion of this definition? MR. NELSON: With these two requests that I gave here. A lot of these things have been talked about, and -- COHMISSIONER HANCOCK: Keep it down, please. MR. NELSON: We talked about this earlier when we talked about 2.15 when Commissioner Matthews and Constantine looked at the issue regarding the fees and whatever. So there's no surprises here. There's just -- there's -- what I'm looking for is in the contract with these two changes. First of all, I would like to request to delete the last paragraph of the -- CHAIRPERSON MATTHEWS: Excuse me. Excuse me. Ladies and gentlemen, would you please let the man finish? I mean you had your chance and did your speaking and he was very quiet. So please let him complete what he has to say. Thank you. MR. NELSON: On page 3, construction and demolition debris, I really believe it was an oversight on the changes that we requested. The last paragraph, "Mixing of construction demolition debris with other types of solid waste, including material," I would like that sentence to be stricken. And I do that based on a letter that we got from the Environmental Protection -- Department of Environmental Protection which defines -- gives some specific legal ruling regarding you can do this. Now, to state that that's kind of been done on paragraph 2.15, page 12, the last line, Waste Management has agreed to that. "A contractor shall accept loads of construction demolition debris which contain de minimus quantities of material." So in other words they've agreed to that. I just wanted to make sure that for clarification we can take that last sentence out of "construction demolition debris." COHMISSIONER MAC'KIE: What you're saying is there's a contradiction in the contract between this definition and -- MR. NELSON: I wouldn't call it a contradiction. It's just not real clear. And I'd like it to be stated for the record that they will accept C & D material the same as we are today. And that's really what we're looking for. Are you gonna continue to receive C & D material as they are today? And if we can get Waste Management to agree to that, then we don't have a problem. COHMISSIONER MAC'KIE: Okay. MR. NELSON: As we have heard from previous speakers, there is no incentive and there is no legal recourse if they decide to change the process on C & D material. And that's a very expensive proposition for the construction industry. COHMISSIONER MAC'KIE: Is that something that Waste Management wants to respond to? CHAIRPERSON MATTHEWS: Mr. O'Connor or Mr. Smith. COHMISSIONER HANCOCK: While we're on it someone's got to help me with why I have a new contract. MR. DORRILL: The reason for that is very simple. The board specifically said they wanted the contract as near possible and in the condition that it was in to be part of the printed agenda. The agenda goes to the printer every Wednesday. The contract that was in the agenda was the contract in the latest version. It was available in the agenda last Wednesday. During the interim period of time the chairman and I went with Waste Management at least twice, and I know they met with some of you as late as yesterday afternoon, and they may have attempted or may have agreed to changes as a results of subsequent conversations or negotiations from last Wednesday. COHMISSIONER MAC'KIE: Can somebody identify the differences between what's in our packet and what we've just been handed? COHMISSIONER HANCOCK: My contract was from February 21st, the one I reviewed. I don't know if this is after, before, the same, and what the differences are. MR. DORRILL: The one that they brought with them this afternoon, the one that you have, they can tell you what additional changes are. CHAIRPERSON MATTHEWS: Why don't we address this when the public is finished. Okay. Mr. Ray, do you want to address removing this last sentence from the definition of "construction demolition debris"? MR. RAY: Yes, I do. Let me just explain. This definition of "construction demolition debris" is straight out of the Florida Administrative Code. This is the law. This definition is what the Florida Administrative Code says is construction demolition debris. I've seen this letter from DEP -- it's addressed to Linda Harszalkowski -- that I think refers to the fact that there might be a single tire or a piece of furniture in C & D material, and DEP apparently is saying that we are not gonna, you know, take this definition, you know, so literally that you couldn't account for, you know, a cookie wrapper or a tire in the material. So recognizing that -- and these are part of the changes that you received today. We are trying to be accommodating on these things as they are coming up. But we provided in the contract that it -- de minimus quantities of material that are easily separated from the C & D would be allowed to be received and would be part of that C & D waste stream that would go to the C & D processing area. It also recognized that the county running the scalehouse would make that determination. And that reference -- COMMISSIONER MAC'KIE: I think it's a no. CHAIRPERSON MATTHEWS: I think it's a no. What you're saying is you don't want to remove that last sentence? MR. RAY: No, I don't, because that's the law. MR. WEIGEL: I don't either. MR. RAY: I can't rely on this interpretation, so I -- I've tried to accommodate his concern. At the same time we need to obviously rely on our permits, applicable law. I can't rely on some letter that was given to a third-party. And that's kind of a box I'm in. I'm trying to be accommodating, but at the same time I can't do that. The State definition is very, very clear on this point. CHAIRPERSON MATTHEWS: Mr. Weigel, you were saying no, that we can't remove that? MR. WEIGEL: Well, I will state that for purposes of clarity it does not help things to change the operational definition of C & D debris, but rather to provide for the operational requirement in the contract itself which is what the Waste Management addition is in section 2.15. C & D debris is specifically defined. And then they go on to say that if it does have a minimal amount of other material in it, they will continue to utilize it as stated in the contract. I think it would be wrong to change the statutory definition of C & D debris for purposes of this contract alone and the definitional point. MR. NELSON: That's fine. I understand we can't change state law. The issue here is currently if -- what if my dumpsters or anyone in the industry's dumpsters comes into the landfill, there's an incentive for the county to recycle that, accept it as C & D at a lower rate than trash, and deal with it. Under this contract there's no incentive for Waste Management to treat it as C & D and mess around with it. They can just take it to the top of the pile and treat it as trash. What I would like is a statement from Waste Management saying, We fully intend to operate the dump as we are operating it today to continue to maximize the use of C & D material at the dump site. And that would satisfy my concerns, because I don't -- we don't have to worry about the rate structure at that point, if that makes any sense. And I can tell you that in private they've agreed to do that. MR. RAY: Let me just say -- and I'm not sure what exactly was being said there, other than we're basically agreeing to do that. We said that we're gonna take in de minimus quantities. We can't change the State definition. We don't control the scalehouse, the county does. We provide a specific provision here that the county would direct whether it was inert, C & D, or solid waste as to where it went at the site. I think we've accommodated this issue. COHMISSIONER HAC'KIE: So it's really not Waste Management -- it's not up to them? If we're operating the scalehouse, we decide it just like we've been deciding it forever? MR. RAY: Yes. You are directing where the loads go. CHAIRPERSON MATTHEWS: You need -- COHMISSIONER MAC'KIE: So there's no reason to think that we will do it differently? You need us to tell you that we're gonna continue to do it the same way we as always have. CHAIRPERSON MATTHEWS: Mr. Weigel -- let me ask Mr. Weigel as a legal interpretation does this contract address this issue? MR. WEIGEL: I believe it does. I think that we run into a difficulty if we put in the contract that we are going to do it as we already are doing it, there's no standard you can get a grip on right there. COHMISSIONER NORRIS: Thank you, Mr. Weigel, for clearing it up. Let's move on. MR. NELSON: And here I want to state for the record that we asked for that. It was put in the contract. There's still some gray areas as there's gonna be with anything. Again, when you make your vote on this contract or any contract, make sure we're looking at all these issues. It was interesting to me from the construction industry that this is a major, major dollar issue that was never brought up by anybody. It came to me almost as -- as a fluke. So thank you very much. CHAIRPERSON MATTHEWS: Thank you, Mr. Nelson. MR. DORRILL: Ms. Haas-Zichella, then Mr. Krasowski. CHAIRPERSON MATTHEWS: Ms. Haas-Zichella. MS. HAAS-ZICHELLA: Yes. Even if this was the best deal that there could be, wonderful savings, you have no community support for it, zero. There isn't one constituent that has come out and said, "I really think you're doing a great thing here." And so just for that reason alone that's enough to say no, because no one really wants it. If we're starting out a relationship with a contract that was promised to be available to the community seven days before the public hearing, and here we are this evening still getting changes and new printings, I think that speaks volumes about what we can hope for in the future. You know, Mr. Hancock, you're a land planner. And I'm sure there's nothing that a planner likes better than a clean slate to work with. And when they have to incorporate all these thorny little problems into the whole picture, we have water sewer, privatization that we're talking about, affluent land purchase, recycling, all these things. We should be developing a vision first and then choosing is privatization the vehicle we want to use to get there? I think that privatization -- using the word "privatization" is a little bit of a myth also, because in fact there is not really privatization. This is a contract. Telephone company is privatization. There's competition. There's all kinds of other things that go on. That doesn't apply to this. So the linchpin of this agreement is the operating plans and the permits. And there's no definitive conditions right now. If you put your vote -- a yes vote to this, there are no definitive conditions that you are tied to. It's all contingent upon what happens in the future. They can make all the promises that they want about what they would do and so on and so forth, but throughout the contract they let you know that the agreement is what you are stipulating -- no matter what's said here, no matter what else, we agree to this, we're stuck with it. Another thing is we have not had a waste water treatment manager of this department that would know where all the cobwebs would be in this industry. That's who should be reviewing this contract. In all due respect to Mr. Lorenz, that's not really his speciality. So for us to rely on the bid of someone that's not even in the industry, I think, is a little foolish. You know, we're building our house on sand here. MR. DORRILL: Well, wait a minute. That's just a crack personal remark. MS. HAAS-ZICHELLA: I didn't mean to be personal. MR. DORRILL: If you want to make ill-mannered remarks, make them to me because I don't care. I've sat here for -- MS. HAAS-ZICHELLA: No, please. What I'm trying to say is -- no, I am not faulting Mr. Lorenz. What I'm saying is this is not really his speciality. This is not what he does for a living. There are all different technologies. Waste Management, Incorporated, is far more knowledgable about these issues, and it's unfair to expect that department to compete on that level. That's all I'm trying to say. (Applause.) I mean we have not filled that position. And I am not faulting anyone in particular. And I'm sorry if I offended you. I certainly did not mean to. MR. DORRILL: Didn't offend me at all. I just said if you want to make remarks, address them to me. MS. HAAS-ZICHELLA: Well, no, it's not -- I'm not -- you know, there's just a number of issues. Now also, I never saw -- I didn't read Adington's contract, but this contract is full of hidden costs. And this is really a problem to the people because we would like to see something that's very plain and very simple. And every page is another -- you know, it just goes on and on. Earlier this morning you were talking about hazardous waste. Well, we retain all of the responsibility and all of the -- we still retain the contract for hazardous waste, yet we pay $25,000 to Waste Management for that pleasure of keeping that, I guess. I don't know exactly what it is. They talk about individual fees that will be collected. I think that's problematic, especially considering the item that you had on the agenda this morning. All of section 8 of this contract really should be read and read again. They talk -- again, it's just verbal promises. Section 4.3, the full permitted capacity, it just goes on and on. Super Fund is gonna be renegotiated this summer. Bob Dole has that on the agenda, or so he says. So, you know, there's just too many things to even begin to address. But I really would hope that -- the performance bond, we are paying the full cost of the performance bond, which we're paying assumably from April 1st. So for two-thirds of the year, $21,000, we're paying for the performance and the payment. Now, we may have requested the performance. The payment bond is what they want, and we're gonna pay the cost of if it. This just goes on and on. On page 7 I have one question you might answer, if any of you know the answer, page 7 of the February 1st contract. That would be 2.4. What is the charter? COMMISSIONER HANCOCK: Could you be more specific? MS. MAAS-ZICHELLA: 2.4, it's midway in the "Regulatory Compliance." Does anybody know? COMMISSIONER HANCOCK: I don't even see what you're talking about. MS. MAAS-ZICHELLA: It says, "The contractor shall also comply with the provisions of the charter and all ordinances of the County as amended from time to time." Also, the regulations are cost plus 10~. I mean that to me is absolutely insane also, you know, to make 10~ on regulations. Just tons of things. But if you could just tell me what the charter is, I'd appreciate it. CHAIRPERSON MATTHEWS: Mr. Weigel could you tell us what the charter is? MR. WEIGEL: Yeah, this is a provision that if this would be a chartered county they would be complying with provisions of the charter. We are not a chartered county. If we were a chartered county, they'd be complying. CHAIRPERSON MATTHEWS: So if, God forbid, we should go and -- this contract would prevail over such an event should it occur, most unlikely, but should it? Is that what we're saying? MR. WEIGEL: Yes. The contract would prevail change in law of this nature. MS. MAAS-ZICHELLA: We have a lot of problems here. Please say no. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Krasowski, and then Ms. Barsh. COMMISSIONER CONSTANTINE: How many do we have left, Mr. Dotrill? MR. DORRILL: I keep getting more, but I've got three after this. COMMISSIONER CONSTANTINE: Thank you. CHAIRPERSON MATTHEWS: Mr. Krasowski. MR. KRASOWSKI: Call me Ishmael. If you guys are gonna sell captain Ahab over here on this contract, I think you're in for big trouble, okay? We're all in for trouble. But to get more serious about things, I haven't seen the contract, okay? I've been following this thing for months, years I've been monitoring the solid waste issue. And tonight you're considering voting on approval of a document that I -- you haven't -- I haven't had the courtesy of being able to review. Now, I've heard a few things about what changed here and there, but I don't know if that's an accurate representation of it. And I think I have a right if you intend to pass this thing to be able to review it and comment on it. I even think there's some kind of requirement in the process that citizens are allowed to have some input. I don't know. I have a lot of things to say. I read this document, you know, the one I got last week, which is not the contract anymore, and made a whole bunch of notes, spent a lot of time on it, as other people spent a lot of time on doing this. And I came up with a lot of things, many of which have been mentioned by the Delates or Kate and a number of other people. It's kind of interesting to me that I haven't seen one person come up here and speak -- a citizen speak in favor of this contract, you know? Okay. Now I see Ms. Hac'Kie shaking her head. Apparently the people that she communicates that are in favor of this don't find it necessary to participate in the public forum or discussion on it. They operate behind the scenes. And they'll impose this kind of stuff on us who take the time to evaluate it, they're so knowledgeable and well-connected that they don't have to come here and talk to you. You know, about eight years ago there was a movement to build an incinerator here. I always bring this up, but -- CHAIRPERSON MATTHEWS: Mr. Krasowski, can we discuss the contract -- the merits of the contract? MR. KRASOWSKI: Well, I am. I am. I can appreciate how you might be concerned I might wander a little bit, but I'll try not to do that. But I was looking through this box of junk I had at home. It's kind of junk now. It's interesting. I have like the history of Solid Waste Department at my house for the past like ten years. It's amazing all the studies and different processes and various committees have developed, you know, over all this time. But the point I'm gonna -- I'm gonna make tonight is in this folder is the economic number cruncher. It's economic review committee that was formed by Commissioner Arnold Lee Glass, sounds like it was like 100 years ago, right? It's right after the revolution. But, you know, what was found -- and I have it written here was that the income from the generated electricity of the incinerator was over-exaggerated. And then the expense of running a landfill to purchasing more land, that was over-exaggerated. people had the appearance that the incinerator was cheaper than operating a landfill. Now, after this economic review committee, bankers, accountants -- Mr. Keller was one of them, there were about five or six accountants from the community came in, then we had Jim Jiles sat on it. They sat down there. I sat in on the meetings. I wasn't a member. It was like technical stuff, you know, professionals. And we -- it was cleared up as far as what was reality and what was a promotion, okay? So I see this happening again, okay? I see a Solid Waste Department providing us with a response to an RFP that is, as Kate said, not as professionally prepared in that they did not have the resources of their competitor, Waste Management. Who in our economic resource of the county has analyzed and deciphered what is in our Solid Waste Department as far as their ability to propose? Have we had a fiscal financial analysis of our proposal that's -- that's -- that meets the standards of what we require here in the county? I think Commissioner Matthews has pretty much done the most economic review, and then recently Mr. Hancock started doing some work on it. But, you know, before you go ahead and do this, if you don't kill this deal tonight as I suggest you do, I would think -- and then even for any future actions you take, we need a financial and a managerial audit of the Solid Waste Department. And this does not '- I'm not trying to cast dispersions on Mr. Dotrill or Mr. Russell, but they alone, I don't believe, are qualified to do the full range of work that's needed here, okay? So I'll just -- I guess I had my five minutes. So I'll end with that. But I strongly suggest that this -- you know, we pick the other options that have been mentioned here instead of going with this contract. (Applause.) MR. DORRILL: Ms. Barsh, and then Ms. Jenkins. MS. BARSH: I'm Frances Barsh, and I'm a member of TAG. TAG is concerned with the use of good money. TAG is concerned with good agreements from government. TAG is concerned that these agreements be in the best interest of the people of the county and the efficiency of the county. We do not think that this is a good agreement nor a good contract. Privatization in any area is a serious step and should be carefully evaluated before any commitments are made, for if the terms are not appropriate, it can open a Pandora's box. "Penny wise and pound foolish" is an old and wise adage to be alerted to in this instance. Mona Charant's (phonetic) article debunking the myths of recycling and landfill crises followed the Wall Street Journal article on the same issue, and I would like to quote from her article. "The public's belief in a garbage crisis, writes Bailey, help WHX, formerly Waste Management, Incorporated, and its competitors to pass along huge price increases to municipalities and other customers." Another wise axiom is, "Fools rush in where angels fear to tread." In this case we urge you to be angels. Please vote down this contract. It is not good. Thank you. CHAIRPERSON MATTHEWS: Thank you, Ms. Barsh. MR. DORRILL: Ms. Jenkins and then Mr. Kipp. MS. JENKINS: Hi. My name is Barbara Jenkins. I just want to address a few items on the contract. The first one and maybe the most important one is groundwater monitoring. Everybody in the county should be concerned about groundwater, no matter who has control of the landfill. And when I read it and I saw that the county was gonna split sample with Waste Management, I think that's fine, but I think the county should also take their own samples. And I'd like to see the board set up specific dates of when they will split samples so that we're sure that that's being done. The second item that I'd like to address is Waste Management if they get the contract says they should not knowingly accept out-of-county waste. I think the county currently has some kind of system or program where they check to make sure that out-of-county waste doesn't come into the county. They have a card or something that they give businesses. I'd like to see that -- something in the contract saying that Waste Management will do the same thing. CHAIRPERSON MATTHEWS: We're managing the scalehouse, so I would imagine our same people would be handling the same program. MS. JENKINS: Oh, okay. CHAIRPERSON MATTHEWS: Is that not true, Mr. Dorrill? MR. DORRILL: You have to have an established commercial account to be able to enter into the landfill area, and that's the rationale behind it. CHAIRPERSON MATTHEWS: Okay. MS. JENKINS: The third thing that I saw was that Waste Management would be the one to construct and operate the gas utilization system, and I do question why that can't be put out for bids. Another thing, as far as subcontractors, Waste Management if they get the contract will get a fee to manage these subcontractors. But if I'm reading it correctly, the county is the one that will be responsible for any costs or any other liability or expense relating to the activities of county subcontractors. If Waste Management receives a fee, I think that they should maybe be held accountable for the activity of those subcontractors. And my last question deals with daily cover. I live close -- very close to the landfill. And I know one night the odor was extremely strong. And we called Solid Waste and found out that I guess it was sludge from the water treatment plant is buried in that landfill, and it was not covered, and that's why the odor was so strong that particular night. And if they take and they put this tarp over that kind of waste, I don't think that that's gonna in any way help us with the odor problem out there. And my last comment is: Before you sign, please make sure all the i's are dotted an the t's are crossed. Thank you. (Applause.) CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Kipp is your final registered speaker. CHAIRPERSON MATTHEWS: Mr. Kipp. MR. KIPP: I'll be very brief. Hi. My name's Keeth Kipp. I just want to try to clarify a couple things. First, earlier, Commissioner Hancock, you were talking about adding on money to try to -- well, the millions of dollars required for buying new land and building new landfill. Well, there's actually 17 different categories the Solid Waste Department uses. There's actually a menu board system that they use. And the tipping fee which most people pay into is for trash, the $25 per-ton tipping fee. A few years ago we had a C & D contract that was bid out, and the bid that came back was, I believe, about $16 per ton. At that time the Commission stated that staff brought it back and expected the rate to drop down about $18 or so, but the Commission basically said, well, we need to keep rates up, maintain the rates we currently have in order to kind of build up our funds, in order to pursue land purchase in the future. It was a wise decision. But the difference between that tipping fee and the money that's going to the county is $4 per ton. Well, staff guesstimates they're gonna receive about 125,000 tons of C & D material per year. That's gonna equate to about $500,000 per year. In the course of ten years, that's gonna make $5 million. So there's a lot more ways than just that 250,000 tons that's coming into that landfill in the lined cell. There's 400,000-plus tons easy coming into the landfill, inerts, sludge, commercial debris, garbage from the city, little bit of everything. So when you look at the landfill, it is a money generator. There is money everywhere out there. My next concern was with Commissioner Mac'Kie and her reference to putting cards on the table concerning bidding contracts out. Several years ago -- I'll use an example with the county here -- we were negotiating with Waste Management a contract to pick up multi-family unit recyclables from condos and what not. For years we had a single-family program but nothing for condos. And it was a -- very uncomfortable for everybody. Anyway, we had negotiated a price of $2.29 per unit, per multi-family unit. And we brought that back to the commission and it was rejected and they told us to bid it out. Well, staff bid it out. And the contract came back -- and I'm just guesstimating on numbers. I'm not quite sure on this. But it came back Waste Management won the bid at $2.09, I think. And they can clarify that. That 20 cents per month is gonna equate to 240 per year, multiplied by 40,000 multi-family units is gonna come in at $100,000 a month or $500,000 -- excuse me $100,000 per year, or $500,000 during the course of the whole contract. And that is just a very small hauling contract for a multi-family unit recyclables. And that was the system that was -- they put their cards on the table. I would submit that if you did bid this contract out, chances are Waste Hanagement's gonna win it. But I would hope that if it is bid out that it would be done so not with the inverted scale. The inverted scale, in my opinion -- you're well aware of this -- is a version of flow control guaranteeing waste. But at the same time -- some of the other speakers have said this -- it's a disincentive to recycle, even to reduce waste. Staff may come back before you in five or six years and say, Look, we have a waste reduction plan for you, it's volume-based rates. You generate less on the curbside, you're gonna pay less. What's that gonna mean is you're gonna have to consider what that privilege is gonna do to your tipping fee at the landfill. It makes absolutely no sense. So I would hope that if you don't maintain the landfill -- I've been to dozens of landfills around the State, and I'm very proud of the landfill here. They do a good job, except in the field of odor control. And I would submit to you again that if the staff here is able to control the odors just as well as the company is -- and if they can't do it, these same people that were here tonight are gonna be coming back and yelling at you saying control the odors. If a private firm takes it over, they're going to be yelling at a private firm? Well, yes and no. You're gonna have a lot less flexibility. So if you don't -- my suggestion would be if you don't maintain ownership and operation, that you bid it out. The worst that's gonna happen is you're gonna get a lesser price. (Applause.) CHAIRPERSON MATTHEWS: Mr. Dorrill, is that the last of the public speakers? MR. DORRILL: Yes. CHAIRPERSON MATTHEWS: Okay. Let's adjourn for five minutes. (A short recess was held.) CHAIRPERSON MATTHEWS: Let's reconvene the meeting for -- it is still February 7th. We've got just about another hour to go if we go into the 8th, but we're not gonna go that long. Mr. Dotrill, we've heard the last public speaker; is that correct? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: I'm gonna close the public hearing so we can address the issues that have been raised by ourselves and the public speakers. Commissioner Constantine. COHMISSIONER CONSTANTINE: Let me share some thought. First and foremost, I guess, I was just thinking of the absurdity of how we could possibly vote yes on a $200 million contract that we were handed 35 minutes ago. None of us have read it. None of us know what it says. I'm not sure how we could possibly vote yes on that. But I wanted to hit some highlights -- or lowlights (sic) from earlier this evening. Jim Stewart from the Chamber of Commerce said something at the conclusion of his comments that he thought what we should best do is move forward with the alternative site as quickly as possible in permitting and so on. Commissioner Norris pointed out we have already committed to doing that and that ten years is the goal. COHMISSIONER NORRIS: Many times. COHMISSIONER CONSTANTINE: I'm sorry? COHMISSIONER NORRIS: Many times. COHMISSIONER CONSTANTINE: Again, I reiterate if that is our goal, why would we sign a contract that clearly states and contemplates a facility for 21 years. If our goal is ten years, I don't know why we would enter a contract that says otherwise. David Russell from our Solid Waste Department was talking about our staff's bid in this process versus Waste Hanagement's bid. He said, and I quote, "In a sense, it's comparing apples to oranges," comparing our bid to Waste Hanagement's bid. I kind of like to have bids where we can compare apples to apples. Seems to me that would make a lot more sense. Earlier tonight I talked about what makes more sense rather than approving a contract that contemplates a life of 21 years and penalizes us for not going 21 years, particularly when we've stated, as you just said, "several times," that we only want to go ten. John, you said the scenario was that -- and, you know, we wouldn't know what to do in ten years. It seems to me if we have a ten-year straight bid and we find ourselves in a permit bind as we get to the end of that, we, the commission or whomever the commission is at that time, has the ability to make 100e of the decision on how to deal with that. They don't have to take into consideration the other contract. They don't have to take into consideration a window of opportunity in which to deal with that. They have 100e flexibility and ability with how to deal with that. The same is not true if we enter into this contract. We may miss the window of opportunity and have no choice and be stuck for 21 years. And even if we don't, we have to take this document into consideration and Waste Management into consideration and the financial penalties into consideration in everything we do. We don't have the same flexibility. The greatest point, I guess, was at the end several people said we are here -- the board is here to serve the public. I've heard, as have we all, in these meetings and outside these meetings, in my office, on the phone, at home, from people from virtually every corner of the county on this issue. We've heard from many people from Golden Gate. But I have heard from people from virtually every corner. I haven't spoken to one person, save those who are connected in some way to Waste Management, who is in favor of this contract, not one. Now, I don't know if any of you have. I'd love to hear of those people and their reasons for it if you have, but I'm wondering who are we serving? Who are we responding to? If not the public, then who? Commissioner Hancock, you said earlier tonight we can probably do better by privatizing than we can ourselves, somewhere many hours ago, privatization can probably be cheaper than the way we can do it. And I don't necessarily disagree. I've been convinced tonight that that may very well be true. But we can privatize without entering this specific contract. Again, I've said it several times, if our goal is truly to get out in ten years, it makes no sense to enter a contract for 21 years now. With that in mind -- and I know there's gonna be more discussion, but with that in mind I'm going to make a motion that we turn down this contract. And I'll just leave it at that, and we can take further action if there's a majority that says that. CHAIRPERSON MATTHEWS: I'd call for a second, but I think it's only fair that we have continued discussion. Is there additional discussion on the motion? Is there a second? I'll second the motion to get it on the floor. Is there any further discussion? COHMISSIONER CONSTANTINE: Just one item. Again, I'll repeat the absurdity of voting yes on a $200 million contract that we've had in our hands now for 41 minutes -- COHMISSIONER NORRIS: That's not the motion. COHMISSIONER CONSTANTINE: No, it's not. The motion is to deny the contract that we've had in our hands for 41 minutes. CHAIRPERSON MATTHEWS: I'm gonna repeat the motion so that we're all absolutely clear. Commissioner Constantine has made a motion to deny this contract. The Chair seconded it to get it on the floor. Is there further discussion? There is none. I will call to question: All those in favor of denying this contract, please vote aye. Those opposed? Motion fails two votes to three. Is there another motion? COMMISSIONER HANCOCK: discussion. COMMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: discussion. COMMISSIONER MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COMMISSIONER NORRIS: No. I think there's some Discussion. Okay. Good, let's have some Could -- Me first? Yeah, Commissioner Norris. If we do this contract, I have to say that I've never seen such confusion in the issues before that it's really fairly straightforward contract. It does everything that we want it to do. UNIDENTIFIED AUDIENCE MEMBER: You didn't read it. COHMISSIONER NORRIS: I didn't read it? You think I got these red eyes sleeping? Set aside $20 million by going through this contract process and going ahead with this procedure that we said we're gonna do for a year -- we'll set aside $20 million that we will use to move the landfill without raising our rate payers' rates. If we reject this contract, on the other hand, to set aside that same $20 million means that's going to be 20 million more dollars, additional dollars, that comes out of our community and out of the pockets of our rate payers. And that's the way that is. And my comfort level is fine that we have given ourselves the flexibility we need to make sure that we get this contract and that we have this contract adjusted to our satisfaction and that it's gonna -- it's going to fulfill our needs for the future and allow us the flexibility to move this landfill when that decision is finally made. CHAIRPERSON MATTHEWS: Is there additional discussion? Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Two things. One is that I'd like to ask for the changes between the packet contract and the one we were just handed to be identified. And while you're preparing to do that, just generally, I have to say "Who are we serving?" is an offensive question. We know who we're serving. We know who we've been elected to serve. And it isn't just the people who come in the room. It's the people -- some people aren't here because they trust us to do the right thing. (Unintelligible comments from unidentified audience members.) CHAIRPERSON MATTHEWS: Quiet, please. There are some contract issues that need to be addressed yet. And I have -- COHMISSIONER MAC'KIE: Could I get that distinction question answered, though? MR. DORRILL: We have those. And again I think there's not much different from the way that we conduct business here, recognizing that we try to get things in the printed agenda so that people who are interested over the course of negotiations, if Mrs. Matthews is asked for something, since the agenda's gone to the printer, they've agreed to it and they've incorporated that into the latest version. There's nothing sinister about that. That's how we do business here essentially 52 weeks of the year. Mr. Weigel has a copy, and I think it would behoove us all to go through these for those changes between -- COHMISSIONER CONSTANTINE: Mr. Dorrill, when did you get your copy of this copy we were handed now? MR. DORRILL: This afternoon. COHMISSIONER CONSTANTINE: Why wasn't the board -- all five of us were here earlier today. Why didn't we get a copy of that? MR. DORRILL: It was delivered to my office after 5:00 o'clock. Those are the copies that I brought here this evening that I had Mr. Keller pass out. And they made some additional copies. I did not know those copies were for the board members. I thought Waste Management may have provided extra copies to you. I gave your copies to those who were sitting in the audience. COHMISSIONER MAC'KIE: Good. That's appropriate. That's good. CHAIRPERSON MATTHEWS: They got our copies. COHMISSIONER HANCOCK: Can we address the changes individually and decide whether or not they're discernible? CHAIRPERSON MATTHEWS: Yeah. I tied to make a note of it as we went along. And the changes that were agreed to -- COHMISSIONER MAC'KIE: Wait. I need to be sure -- the first thing that I need is I wish that I had a red-lined copy comparing what's in my packet to what you just handed me. Can't be much different. Can you just tell us what they are? MR. VARNADOE: What the Board's -- I'll just go through very quickly. If you look on page 3 -- they're mainly very minor changes. On page 3, in the paragraph "Closure," there are some changes to the Florida Administrative Code reference because they changed the numbers on us in the Florida Administrative Code. At the bottom of the page, under "Hazardous Waste," that's again a change in the reference to the rule number 62.730. That was one of the changes that someone brought up here that they have changed the code on us. Page 4, there is a -- to respond to the gentleman from CBIA, we added this definition of "inert material" in the contract. And then in the next three definitions we once again changed the references to the Florida Administrative Code rule numbers. On Page 5 in the definitions for recovered materials, recycling, solid waste, and waste tire and special waste, we have changed the references to the Florida Administrative Code. On page 12 and 13 -- COMHISSIONER MAC'KIE: Just so the public knows, so far all he's telling us is they have had a chapter that was wrong, and now the number's been changed from what it was before to 62. It's -- MR. VARNADOE: The reference to the Florida Administrative Code, the reference numbers have changed during the contract period. On page 12 in the middle of section 2.15, which is highlighted in my copy, I hope it is on yours, it says, "The contractor shall not receive a management fee if it or any of it's affiliates performs such processing services," that was requested by your chairman. We had no objection to that. Unless anyone has some questions, I'll go on. Then on the bottom of page 12 and on top of page 13, again as we explained the CBIA wanted us to make sure that we would accept the C & D material that had the de minimis waste, and that's what that change does there. I think that's pretty self-explanatory, just trying to respond to CBIA's concerns. On Page 17, again, the same issue. The change is just saying the county's gonna determine whether it goes to C & D for recycling and what goes into the landfill. On page 18, again, the -- we're dealing with the same issue again as the C & D materials and where they go and who gets them. Page 26, there was a reduction in the dollars to close the facilities as a result of change in the number of acres of the Immokalee landfill to be closed, reduction from $3.46 a ton to $3.16 a ton to nourish the county's benefit. And the final change is on page 41. Is there a page 417 MR. RAY: Exhibit G. MR. VARNADOE: Exhibit G. COMMISSIONER MAC'KIE: Exhibit "B," as in "boy"? MR. VARNADOE: "G," as in "girl" or "Goodlette." CHAIRPERSON MATTHEWS: "G," as in "George." MR. VARNADOE: Thank you. I can't find it, but I know it's here. COMMISSIONER MAC'KIE: G. MR. VARNADOE: Yeah, Exhibit G, which is page 41 of your exhibits. And, again, simply now to fine inert materials, it talks about how we're gonna treat them. So very innocuous changes to try to respond, frankly, to questions of commissioners and the CBIA concerns. That was it. CHAIRPERSON MATTHEWS: Now, there are -- there are a list of changes that we've talked about tonight that I want to make sure that are on the record and agreed to. First one is in section 2.16, that is that employees will have the right of refusal for one year. MR. VARNADOE: With the only clarification, Ms. Matthews, if I could, is that there's no prohibition against some of the employees being employed at the other Waste Management operation in town. With that understanding you're absolutely right, one year. CHAIRPERSON MATTHEWS: One year? MR. VARNADOE: Yes. CHAIRPERSON MATTHEWS: Second one is a change Commissioner Hancock talked about, and that's a neighborhood counsel to deal with the odor and/or other problems. MR. VARNADOE: Yes. Preferably -- CHAIRPERSON MATTHEWS: Preferably other problems. MR. VARNADOE: Hopefully other problems. COHMISSIONER HANCOCK: There was the slide that Waste Management presented with five specific points on it. I'd like all five of those incorporated into the contract. CHAIRPERSON MATTHEWS: Why don't we read those five points off so we have it on the record; that is to establish and enable the counsel, community leadership, group involvement, education awareness and incentives, community-wide environmental programs, open door/open house policy, and active members of Collier county -- that you have been active members, I presume that means -- MR. VARNADOE: Yes. CHAIRPERSON MATTHEWS: -- since 1979. COHMISSIONER HANCOCK: And can I assume, Mr. Weigel, that the statements made by Waste Management representatives on each of those points this evening for the record are in fact binding? MR. WEIGEL: They will be binding. They'll be incorporated in the document. This document has a merger clause in section 8.46 which, as I stated previously, states that all the language in the document is the contract itself. So it's important for us to make sure that these statements that we wish to be reflected in the document appear in the document, and we shall do so. CHAIRPERSON MATTHEWS: Okay. Item 3 deals with unaccrued closure costs, and 7.4, Option A. Option A, I believe, in the contact we had over the weekend included some unaccrued closure costs. We want to make sure that they're removed under Option A; that if we exercise Option A, which is to complete Cell 6, that Waste Management closes Cell 6 and the landfill for no additional charge. The county assumes post-closure responsibilities. MR. VARNADOE: I'm not sure I understand that. Let me ask -- MR. O'CONNOR: I'll address that. My name again is Jim O'Connor for the record. Under Option A we will assume all responsibility for closure. There will be no additional cost for closure to the county. The only additional cost to the county will be the assumption of post-closure costs and the undepreciated or remaining net book value of the hard assets that will be defined in discussions with each of you to be $1.8 million, if I'm not mistaken, approximately. There will be a defined schedule. Those will be obviously easily identifiable. General audit -- CHAIRPERSON MATTHEWS: On Option A? MR. O'CONNOR: On Option A. Always been there. It's been in every draft. MR. DORRILL: That's correct. There are four of them. I can tell you what they are. CHAIRPERSON MATTHEWS: Yeah, please do. MR. DORRILL: There's the necessary transfer station in Immokalee and the unamortized costs associated with that, unamortized costs associated with the gas management system, a small administrative building that they would build on the site, and they have miscellaneous costs of $110,000 that would be additional fixed operating equipment. CHAIRPERSON MATTHEWS: Okay. MR. O'CONNOR: The commitment that I made to you personally is that any rolling stock equipment, all right, compactors as an example, would be equipment that if the county did not want to purchase it, either, one, they didn't like the condition of it, didn't like the established value of the equipment or the net book value, didn't think that fairly approximated appraisal value, that we would take that back and re-utilize it in our own system, and the county could go out and repurchase that equipment that they would need. CHAIRPERSON MATTHEWS: I had understood Option A was a walk-away, but I must have misunderstood. MR. O'CONNOR: That has been the language, to the best of my knowledge, in all previous drafts. CHAIRPERSON MATTHEWS: had a question? COHMISSIONER MAC'KIE: probably answer it for me. value, or '- CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: Okay. Commissioner Hac'Kie, you Just -- I don't know. You could Net book value as opposed to fair market Undepreciated value. Well, I know what it is, but is it likely to be less than or more than the -- HR. O'CONNOR: The intent -- CHAIRPERSON MATTHEWS: Likely to be less than market value. MR. O'CONNOR: The intent is to approximate fair market value. COHMISSIONER MAC'KIE: Why don't we just say -- MR. O'CONNOR: The reality is it may or may not. CHAIRPERSON MATTHEWS: Commissioner Constantine, you have a question? COHMISSIONER CONSTANTINE: George, maybe you can help me here. 7.4 earlier tonight -- in fact almost exactly four hours ago I asked you to clarify for me, and if we can do that again for purposes of the verbiage, that we would go back to kind of a hybrid of the options outlined here and the options that were in the earlier contract as far as -- MR. VARNADOE: Let me try to do that. I'll try to do it clearly. And you all stop me when I try to get off, because I may. I think what we've agreed with you tonight is that you do want to keep what's in this contract as 7.4. Let me find that number, please. COHMISSIONER CONSTANTINE: B, public hearing. MR. VARNADOE: Okay. Under 7.4-A, "Option Exercise" says, "In order to exercise early termination of Options A and B, the county shall provide the contractor with written notice of termination prior to October 31, 1996." I think that's where we want to start the change. We want to say that you will have an opportunity to exercise either option by October 31, 19 -- go ahead, Commissioner. I'm sorry. COHMISSIONER CONSTANTINE: From now through the end of the sixth year or actually the million -- COHMISSIONER MAC'KIE: Million tons. MR. VARNADOE: Maybe I missed it. I thought there was some desire to go ahead and have a hearing before that date. CHAIRPERSON MATTHEWS: We don't -- COHMISSIONER NORRIS: We don't want it in the contract. MR. VARNADOE: If you don't want it in the contract, it makes it a lot easier. COHMISSIONER CONSTANTINE: Actually, you weren't here, John, but we did say we want to keep that in the contract, not for them but to require us to at least have a public hearing. COHMISSIONER NORRIS: That's fine. MR. VARNADOE: Without putting legal verbiage, the BCC will have a public hearing before October 31, 1996, to consider whether to exercise Option A or Option B at that time. They will then have the further right to exercise Option A or Option B at any time prior to the end of the sixth year from the effective date of the contract or within 180 days of notification there's one million tons of air space capacity in the landfill, whichever occurs first. And that kind of paraphrases the language we had before. COHMISSIONER CONSTANTINE: And you noted there are 180 days, and I think in here it says 30. MR. O'CONNOR: Yes. CHAIRPERSON MATTHEWS: Okay. Moving on, the next item I had picked up on my list dealt with the federal Clean Air Act rules, and that there was some concern earlier this evening as to whether that really did include the promulgated rules and regulations that are expected to be finalized Hay 1st. Is there some way that we can put that wording in the contract that the promulgated rules -- is that what we're looking for -- COHMISSIONER MAC'KIE: Yes. CHAIRPERSON MATTHEWS: -- for the federal Clean Air Act, will be -- are included in the contract tipping fee? COHMISSIONER MAC'KIE: That they don't trigger a teevaluation of the rate. We're proposing to change that from the draft. MR. WEIGEL: They had stated that on the record previously, even prior to tonight. COHMISSIONER MAC'KIE: I understand. MR. VARNADOE: And if the language doesn't do that, then we'll work -- MR. WEIGEL: For further clarification it would probably most easily go under change of law as addendum or addition as to that particular addendum. COHMISSIONER CONSTANTINE: I think three members of the board have asked that we verbally or in writing form -- CHAIRPERSON MATTHEWS: We want to make sure that the contract stipulates that the promulgated rule changes coming out in the next couple months or three months or four months will not trigger a change of law request. MR. VARNADOE: I think what we've accomplished to date is to have those, that we will comply with those. I think what your concern is that we haven't specifically stated that complying with those will not trigger any -- CHAIRPERSON MATTHEWS: Fine. That's what's missing. MR. WEIGEL: Yeah, we previously addressed it in 2.23 and 2.9 in the operational term, but not taken care of that extra point of cost. CHAIRPERSON MATTHEWS: Okay. Good. The next item that I had -- and I believe Commissioner Constantine already did this -- changing the 30 days notice back to 180 days on the -- on the million ton. MR. VARNADOE: I think I stated that how I see the option that -- but yes, the answer's yes. CHAIRPERSON MATTHEWS: Okay. And the last item that I have is -- deals in the "Management Plan," deleting the word "no" from page 11, section 10.2. MR. VARNADOE: That we also are -- agree to that, have agreed to it, do agree to it. MR. WEIGEL: I think that's there on the document that you have now. CHAIRPERSON MATTHEWS: Oh, the treatment of leachate -- MR. WEIGEL: No, it's a different -- CHAIRPERSON MATTHEWS: It's a different "no," right? Paragraph 1, last sentence. All right. We're going to eliminate that word "no." I believe those were the changes that we previously agreed to this evening. Let's clarify that and make sure. Commissioner Constantine. COMHISSIONER CONSTANTINE: I just had two questions. Tom Henning brought up 2.8, whether that referenced the appropriate Florida rule or whatever it is that 2.8 references. Did we change that? MR. VARNADOE: I think that's one of the changes, Commissioner Constantine, that I was telling you that they changed the code section on us. COMMISSIONER CONSTANTINE: The second one is I thought three weeks ago we were unanimous, and I'd just like to poll the board and see if we still have a preference for no tarp. COMMISSIONER HANCOCK: I have that in my notes. I wrote simply, "Tarp issue, tell it to me again." CHAIRPERSON MATTHEWS: That's the next group of issues that I want to address are the ones that we still have not agreed to. COMHISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: And the tarp is one of those, if we can proceed with this orderly. Did you have another question? COMMISSIONER MAC'KIE: No. I'd like to hear the rest of the list. CHAIRPERSON MATTHEWS: That concludes the list that we had agreed to as we went through tonight. Now we have a list of things that we have not agreed to, and the first one on that list is the tarp. MR. VARNADOE: I don't do tarps. CHAIRPERSON MATTHEWS: You don't do tarps? MR. OwCONNOR: I do tarps. CHAIRPERSON MATTHEWS: Okay. MR. O'CONNOR: And for the road my name is Jim O'Connor. I guess I want to reiterate some of Warren Smith, who is the project manager for Waste Management here, some of his comments. I think you really have to understand the operating practices that are applied in the sanitary landfill. If you utilize daily cover, the next morning you -- you come into the site and you strip the daily cover. You strip the daily cover. You stockpile that daily cover and you re-utilize that daily cover, all right? In the process of stripping, you always have some loss. Obviously, you cannot -- it's not like coming off a smooth surface. You're coming off a rough surface, which is the solid waste. So, you -- the tarp and the cover act as the -- are similar agents in the prevention of odor and vector control. You come in, you lift up the tarp, it's not any different than coming in and stripping the cover. The difference in the two techniques is that using daily cover in the working face of the site consumes air space, all right? And when the county asked us to utilize in our response, we did so; not only to optimize the site, which again was the initial intent of the proposal of the RFP, but it also impacts on the economics of the project, because lost air space relates to volume, which relates to recovery of expenses, okay? So I guess -- let's put that aside. Let's put the economics aside just for a second. The reality of the situation, you're not going to get any better control utilizing daily cover than using the alternative tarps. And believe me, many more hours of discussion than you've heard here tonight went into the setting of that Administrative Code section 62701.500(7)(E)l(F). So believe me, we at Waste Management, we have similar to McDonald's, all right? We have a landfill university, all right, in Oak Brook, Illinois. We send all our people to it. We actually take people in from the outside to come to those classes. And believe me when I tell that you this technique adds no additional control to the site. COMHISSIONER MAC'KIE: Except -- MR. O'CONNOR: That's all I can -- let me -- I just want to address one other issue. The concern for the utilization of earth or soils from C & D recycling will not change one iota, because all we'll do in the working face is not utilize what is gonna be required basically one time with that small loss factor that I told you about earlier, okay? The daily cover that's being purchased now will actually be a component of what is called intermediate cover. It will be the first six inches, which is what it should be today as you operate your site. In fact, if you don't operate it that way, you're not in compliance with your permits, nor are you in compliance with the laws of the State of Florida as it relates to solid waste and sanitary landfill operation. So you're not going to get any additional control from this process. And believe me, the subject has been debated at length in Tallahassee. COMMISSIONER MAC'KIE: Just one question about that. What I understood is that in your operations and in standard professional operations you would strip the daily cover the next morning. However, it has been the county's practice not to strip that. Am I understanding that correctly? So there is -- even though what you're describing, put the tarp on, take the tarp off, put the dirt on, take the dirt off, those are the same things. I understand that. But the county in its operations puts the dirt on, leaves the dirt on. MR. O'CONNOR: Let me ask -- let me -- CHAIRPERSON MATTHEWS: Let me get a clarification. Do we strip the dirt off in the morning? MR. RUSSELL: We don't. But the difference I'm hearing is they're using six to twelve inches, and we try to keep it right to a minimum of six inches. And there's no way in scraping to recover any of that because it's kind of -- in other words you just barely got this surface covered on top there, and -- but I might add that immediately what you do in the morning is you run over that with a compactor and you break that up, and you're exposing what you covered the night before. There's no way not to as you create this new face of fresh garbage as the trucks come in. COHHISSIONER HANCOCK: We're currently doing that? In the morning we're breaking up the six inches of cover that we put on it at night? MR. DORRILL: It's inadvertent. If this is yesterday's face, and you start working on yesterday's face, just by virtue of the weight of the machine you're gonna punch through. COHMISSIONER NORRIS: There's no net difference? MR. RUSSELL: There's no net difference. The effect of it is gonna be so minimal, nobody's gonna know the difference. I mean there's no way to get around working with a working face of fresh garbage for 11 hours a day. And we're talking about a minuscule amount of time first thing in the morning. They're pulling a tarp back and we're driving over that -- the cover that we have there, that six-inch layer of cover. It's minimal. CHAIRPERSON MATTHEWS: Okay. I understand. Do you have more to add, Mr. O'Connor? MR. O'CONNOR: I don't think so. Thank you. COHMISSIONER HANCOCK: Let me approach the cover question from another angle for one reason. I am concerned about the two companies that employ people, Collier County. I know you've written them into your contract and so forth. I guess, you know, two years from now if I see Naples Recycling and Modern Recycling going out of business, I'm gonna be very, very concerned about C & D operation, about what's being landfilled. And I guess I'd like to ask you -- I'm not -- I will not encourage this board to ever take action to protect a company from ever going out of business. That's not our job. But obviously that would be an indicator that C & D is not being used in the way which this board has had past policies and the way I hear that you would still continue to accept the C & D material because you need it for intermediated cover. If that happens, they still have a market, they're still in business, and everyone's happy. If the flags start coming up that that's not happening, I'm a little worried about what flexibility we do or don't have to look into that. You're in charge of the operation. I guess I'm looking for a better comfort level than I have now on that. MR. O'CONNOR: I know there's already language in the contract that states that we are going to buy this material. And actually it not only states that we're gonna buy it, but it states how much we're gonna pay for it. MS. MARSZALKOWSKI: That ends in one year. It ends in September. CHAIRPERSON MATTHEWS: Ms. Harszalkowski, we're talking with Mr. O'Connor. MR. O'CONNOR: Maybe let me try to re-frame it for you. We are in the construction and demolition and recycling business. We are in the recycling business, not only here in Collier County in the recycling business, but we're in composting. We're in various other aspects of waste reduction. If we were to force out, all right, an ancillary facility here that is in waste reduction, I mean, it goes against everything that we do. MS. MARSZALKOWSKI: No, it doesn't. That's ridiculous. MR. O'CONNOR: Commissioner, we're in the process of constructing a construction and demolition facility. We've already received permits to do that in Broward County. We're doing it in about twelve other states in the United States. We've got composting facilities. We have got recycling. We just got our hauling division here at Waste Management of Collier County today waiting for tonight's meeting. We're out soliciting in the City of Naples commercial recycling to collect corrugated and office papers. It's our business. And we've already committed here that we will not do this business unless we come back in and re-bid if the contract expires, and even bid it. I mean the reality of the thing is we're going to provide that service. The county wants it. It's in our contract. I don't know how much more comfort I can give you. I mean I understand your dilemma. MR. VARNADOE: From the contract provision -- and help me out because I'm going from memory -- you have a requirement that we keep maintaining your 80e recycling effort. We also have a requirement from last time as you recall that we use C & D material as opposed to virgin earth for the daily cover, which we still use. We call it maybe a little different term, but for the major cover we use. We also have a requirement in there that we competitively bid those services and that if one of our subsidiaries or we do it, we don't get a management fee. So it really behooves us to keep someone else in there to do it if we want to maximize profits. And I think the contractual -- the contractual thing is in there. And -- excuse me. And it also says, "Neither the contractor nor its subsidiaries or parent shall provide off-site construction and demolition debris, recycling-generated daily cover material," 2.14. CHAIRPERSON MATTHEWS: I have got to ask Mr. Weigel a logistical question. We are about 19 minutes out of being out of audiotape. What do we do? COHMISSIONER HANCOCK: Go slow. CHAIRPERSON MATTHEWS: I need a motion to vote. MR. WEIGEL: You're good for 19 minutes. As long as you've got videotape going you're still covered. CHAIRPERSON MATTHEWS: We're still covered with the videotape? Okay. Let me ask this board if there's any further questions or concern about this tarp. Mr. Constantine -- Commissioner Constantine, you -- well, you have concern, but -- COHMISSIONER HANCOCK: My concern shifted from not so much the tarp as making sure we continue this C & D that we have going. I guess I want to ask, the 80e requirement, if Ms. Harszalkowski's business is performing C & D work, does that count towards your 80e requirement? In other words if you're buying cover from her, do you get credit for it? So this 80e is what's just what comes into the landfill? MR. RAY: Right. The 80e goal is the goal for the on-site processing of construction demolition; in other words what the county subcontractor right now, Modern, is doing on site. MR. VARNADOE: The answer to your question is yes. CHAIRPERSON MATTHEWS: Okay. Moving on, another item that we had not quite agreed to but I understand that we're not real far away is on gas management for Cells 3 and 4. From earlier discussion I heard some concern that it -- gas management for 3 and 4 was not included in the contract, and there's an additional 200 to 250,000. I just wanted to -- is it included? MR. VARNADOE: It is included. CHAIRPERSON MATTHEWS: And it's part of the $15.06 tipping fee? MR. VARNADOE: Yes. And I'll give you a reference. It's in section 2.8, if you want to make a note of that. COHMISSIONER CONSTANTINE: 2.8 what? MR. VARNADOE: 2.8. CHAIRPERSON MATTHEWS: 2.8? For cells 3 and 47 Okay. Next item is probably gonna be a little harder to resolve, and that's the equipment with the book value of $1.27 million. MR. VARNADOE: I'm not sure where you want us to go with that. If we buy it we're going to have to add that to tipping fee because we responded to your RFP that said you get it for nothing. I happen to be of the school that that means our rate payers, you and I, are gonna pay for it twice. I don't see really the benefit in that. That's my personal observation. COHMISSIONER HANCOCK: I guess I was going to ask what you suggest, because that's kind of the point I came from. I gave you credit for it while you weren't here, John. You know, that was the point that Commissioner Norris brought up in that we end up paying for it twice if we force it back into the mix. And I certainly don't want to do that. So I guess I'm not sure what the question is there. COHMISSIONER CONSTANTINE: The comment I made earlier was that money if paid would then potentially go into the kitty for our next siting. CHAIRPERSON MATTHEWS: We can charge an extra dollar on the tipping fee too and accomplish the same thing. COHMISSIONER NORRIS: Yes, you could do that, but it's already reflected into the tipping fee at this site, so you -- you can put whatever you want to in escrow by just raising the tipping fee to wherever you want it. And really you're just shuffling money if you do that. COHMISSIONER HANCOCK: I don't have an issue on that. COHMISSIONER MAC'KIE: I don't either. COHMISSIONER CONSTANTINE: I don't either. CHAIRPERSON MATTHEWS: I guess that finishes the unresolved issues. COHMISSIONER NORRIS: Mr. Weigel, are you clear on all of these issues that we've discussed? MR. WEIGEL: Just a couple. So ultimately on the equipment, then, the decision is to go back to the original RFP concept? COHMISSIONER HANCOCK: That's right. MR. WEIGEL: Fine. CHAIRPERSON MATTHEWS: Mr. Weigel, you have additional questions on where we're going with this? MR. WEIGEL: Just for the record I'd like to go back to early on in the discussion this evening was the mention of the environmental audit. And the draft that you have, based on the negotiation -- further negotiation after the last meeting you had, provides that there shall be an environmental audit. I want to clarify this because it must be stated correctly at least for the record so everyone knows once and for all. The environmental audit will come back, and you will see in your document -- I can take it to the page -- that on 2.2, page 6, that it specifically provides that there's a standard to be applied. It's not four weeks for the board to decide whether it wants to go forward or not when it receives the audit. There's a specific standard applied, a federal standard. And if the landfill comes in below the threshold of a problem standard there, then the environmental audit is sufficient and the contract will go forward as far as that particular element is concerned. I just wanted that to be clear for the record and for the public because it wasn't specifically stated earlier. CHAIRPERSON MATTHEWS: Are we all clear on that requirement? COHMISSIONER CONSTANTINE: I got one item. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Under 2.9, "Gas Management," "(C) Withholding of Payments," it was brought up a couple times but we haven't had any discussion. Right now the -- as it reads we can withhold 10e of monthly payments for any time there's a deficiency report. Does anyone from Waste Management have any idea what a likely time frame -- if there is a deficiency report from Law Engineering as far as gas management, what the likely and realistic response time to correct that would be? Is that a month, three months? MR. O'CONNOR: Commissioner, obviously it depends on what the deficiency is. One, we wouldn't anticipate any deficiencies, but I think the easiest way for me to answer your question is that if there's a deficiency and you're withholding moneys that we'd like to get our hands on, we're gonna move expeditiously to resolve them. In most cases it would probably be the additional -- the adding of additional wells to collect from areas where gas is building up and supposedly doesn't have a sufficient vacuum or doesn't have sufficient ability to move towards a well, all right? So it would be relatively quick. A well can be installed in days. COHMISSIONER CONSTANTINE: Days? MR. O'CONNOR: Days. COHMISSIONER CONSTANTINE: Days? Why I ask that, theoretically -- I don't anticipate this happening, but theoretically there could be a violation, you could wait six years and get all your money back if you fixed it at the end of those six years. I assume you'd want the use of that 10e -- MR. O'CONNOR: Commissioner, ultimately we want to have -- we want to have all the counties in the United States eventually call you and tell you -- and you would respond to them that you have no problems and you would recommend privatizing with us. So we're gonna be -- that's the hammer you have over us to expeditiously act under all these cases. COHMISSIONER CONSTANTINE: I would like a little more added to that hammer, I guess. I was gonna suggest -- MR. RAY: Commissioner, could I just interrupt? The hammer is you all have a performance bond -- substantial performance bond, and there's default notices in here. And that's the real issue here. You can pull our performance bond in addition to withholding payments. So I just want to make you aware of that hammer that you've got. COHMISSIONER CONSTANTINE: I wonder if it might not make sense to have -- right now we withhold 10e until it's fixed, but I wonder if anything exceeding six continuous months, if there's a problem there and it's not addressed in the six-month period, then anything exceeding that six months would just be forfeited as opposed to holding on to that and giving it to you whenever you get around to it. That would seem we'd have a little hammer there. UNIDENTIFIED AUDIENCE MEMBER: Tim, six months is too long. These are lethal gases, lethal. CHAIRPERSON MATTHEWS: Excuse me, but public comment is finished. MR. RAY: All right. Commissioner, again let me -- I'll refer you all to the default language. There's -- there's language in there that deals with a situation in which multiple defaults occurs. And what we've written in here -- and this was language that we offered, you know, without any request by the county. And that is that if there are repeated defaults, there's a concept called a habitual violator, in which case you can recall our performance bond. And there's a problem with the scenario that I think you've raised, Commissioner, is that I don't know what the scenario might be if there is a deficiency, but there could be, you know, a seven-month fix that's required. And arbitrarily setting a six-month time period, I just don't think, you know, works. This is obviously -- I mean it's a landfill, but it's also a very technical engineered facility. And, you know, problems just don't certainly have automatic deadlines to them. COHMISSIONER CONSTANTINE: Does anyone else on the board have a concern that we have -- short of pulling the bond or defaulting on the contract, we don't have a mechanism in which to penalize if there is an extended -- COHMISSIONER NORRIS: I think the performance bond is a very strict measure that we could invoke on them. COHMISSIONER HANCOCK: It's the same penalty that we have for every contractor with Collier County. Whether they're designing a roadway, building a roadway, building a building, that performance bond is the guarantee. That's the reason it's called a performance bond. So, you know, I certainly don't mean to make light of it, but it's -- that's why it's there. And it seems to me it's been the appropriate method in every other contract we've ever had, and it would seem consistent to do that here. COHMISSIONER CONSTANTINE: I would argue, though, that a road contract doesn't impact a community the same way as a landfill. COHMISSIONER NORRIS: Let's get a consensus so we don't -- COHMISSIONER HAC'KIE: In the interest of the tape, I'd like to tell you that I agree with the commissioners on the other end down there, Hancock and Norris. This is not unusual. MR. DORRILL: I have one final and only item if you'll bear with me. It's section 2.6 -- I'm sorry, 2.9, as it pertains to gas management system, final paragraph E. And this, again, was something that Ms. Matthews and I had discussed with them in our final negotiation session. This has to do with the payment of cost for the environmental engineer to certify the design and construction. And then in the final sentence there, we had determined that the annual cost of the consulting engineer's certification of operation shall be borne by the contractor. And that was something that I had asked them to contemplate. And frankly, it just slipped my mind that that was something that I had wanted to see and discussed with them when Ms. Matthews was present. That's -- again, it's a cost item, and I'd like to know whether or not Waste Hanagement's in a position to pay the cost of the annual certification in order to control that. I think that's something very important. COHMISSIONER HAC'KIE: We hire them. We still control the -- that they write the check. Is that basically what you're saying? MR. DORRILL: That was my contention. And as part of the best management practice criteria I think the burden, frankly, is on them to certify the annual operating engineering of the system that's there. CHAIRPERSON MATTHEWS: And that engineer's still our engineer, Law Engineering? MR. DORRILL: The Law Engineering firm, unless we mutually determine that we want a different firm. CHAIRPERSON MATTHEWS: Mr. O'Connor. MR. O'CONNOR: We did in negotiations agree to pay for the outside engineer review of the design. We didn't agree to do the annual inspections, but if this is the -- if this was the remaining issue that exists, all right, then we'll pay the annual operating fees. CHAIRPERSON MATTHEWS: Okay. Mr. Weigel, you'll make sure that that's included in the contract that Waste Management has agreed to pay the annual fee for certification? MR. DORRILL: That's a very important item. And I think that the language in the last sentence should say the annual cost of consulting engineer's certification of operations shall be borne by the contractor. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: I know you think we're done with it, but back to the tarp issue. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER HANCOCK: Would it be appropriate for this board if we see a reduction in the amount of C & D that is being produced in the county -- and I'm talking about all vendors, not just those on site, to Waste Management -- we see that amount dropping, we see it dropping and we believe it to be landfilled, do we have the option -- this may be a question for Mr. Weigel -- under this contract, to call the contract back and mandate, even if it causes a rate increase? Because the cost of purchasing the C & D material on an annual basis based on 237,000 tons a year is about 70 cents a ton. In other words if you amortize over all the tonnage, it's about 70 cents a ton to provide the maximum that two C & D recyclers can produce, can we come back as we did in the past and, even though it may be a little more costly, adjust the contract so that C & D is utilized at preset amounts and used in the operation? In other words I'm not saying look at the cost difference between tarping and doing it, I'm saying we just decide it's a darn good idea, and then it can be incorporated, even though it may result in a rate increase in the operational plan? Is that a possibility? And is there a real problem with that? COHMISSIONER MAC'KIE: Can I ask a question about it? COHMISSIONER HANCOCK: Uh-huh. COHMISSIONER MAC'KIE: Do I understand that what you're asking for basically is that -- that they presently have a one-year promise, right, to buy C & D -- CHAIRPERSON MATTHEWS: Through September, plus one year. COHMISSIONER MAC'KIE: Contract, plus a year. I'm uncomfortable with the idea of asking rate payers to commit right now that they're gonna pay higher rates so that -- COHMISSIONER HANCOCK: That's not what I'm asking. What I'm asking is that what we've been told is that that material can be used in intermediate cover, and it's obviously cheaper than virgin fill, about 50 cents a ton cheaper if I'm not mistaken. COHMISSIONER MAC'KIE: The contract requires that, that they not use virgin dirt. COMMISSIONER HANCOCK: I know. I'm just -- I'm just asking what if. MR. O'CONNOR: Okay. Let me try to flip some language around that maybe addresses that. COMMISSIONER HANCOCK: Okay. MR. O'CONNOR: We've asked you for the right to petition, all right, for cost changes, I think, on a two-year interval, if I'm not mistaken, all right? And you have the right to approve or deny, all right? What you're asking us to do is just the reverse. COMMISSIONER HANCOCK: Exactly. MR. O'CONNOR: I'm saying to you is we'll reverse the language. I mean we'll offer that same language here. If you come to us with a situation, we'll sit down and negotiate with you. So if there's an additional cost and you -- we can come to terms that that should be 5 cents more on our rate and continue to subsidize a depressed recycling industry, that's fine. COMMISSIONER HANCOCK: Okay. MR. O'CONNOR: So I guess -- I don't know what the appropriate way to address it legally, but-- COMMISSIONER NORRIS: I'm not in favor of making that change tonight. COMMISSIONER MAC'KIE: Doesn't that already -- doesn't that opportunity already exist in the contract? COMMISSIONER HANCOCK: It exist in the direction of Waste Management to us, but I'm just wondering if it can exist in direction from us to Waste Management. COMMISSIONER CONSTANTINE: I think it already exists in that we can -- if we have specific things, we take it to them, they can answer to us, it's already there. COMMISSIONER HANCOCK: Okay. That answers my question. CHAIRPERSON MATTHEWS: Okay. Are there further questions? COMMISSIONER CONSTANTINE: Two minutes till midnight. Let's get it done. COMMISSIONER HANCOCK: I heard a couple of things -- and I'm gonna build this to a motion rather rapidly. I heard things about talk of penalty. I've heard talk of rushing. In the last three months I spent 12 -- well, 14 hours in public hearings on this. And that's just me, not to mention the rest of you that have been discussing this for a couple of years, not to mention the 60-plus hours of my own time which is well-served. So I don't think we're rushing. If we maintain tipping fees, we have an opportunity here to avoid dramatic increases of 30 to 40e. And for the first time I've heard people say, "Raise my rates. I don't care." I don't think that speaks for the entire Collier County. I don't think all of Collier County says, "Raise my rates. I don't care." So I hear that tonight and I -- I'm sorry. I just don't agree with it. I believe that this contract can get us where we need to go in looking at alternate technologies and funding a new landfill site without dipping further into your pockets. For that reason I'm gonna make a motion that we approve it with the modifications stated this evening. COMMISSIONER NORRIS: I'll second that. CHAIRPERSON MATTHEWS: We have a motion, and we have a second. And it's almost February the 8th. Is there further discussion on the motion? I'm not gonna support the motion. And the reason that I'm not gonna support the motion is two-fold. Number one, this contract is in direct opposition to reduction of the waste stream, and I'm committed to doing whatever we can to reduce the waste stream. The other reason that I'm not going to support the motion is that we have these unexplained, I guess, for lack of a better term, capital -- capital costs that I'd like to know more about what's gonna happen to them at termination. I don't have any problems with what happens at the end of 21 years should it go that long, and I'm convinced that it won't. For those reasons I'm not going to support the motion. Any other discussion? COMMISSIONER CONSTANTINE: I know in a surprise move I'm not gonna support it either. I'm pleased to see some things that have happened here. I don't happen to think this is the best contract. I don't happen to think this is in the best interest. I am pleased to see some of the things addressed, however, including the 108 feet, the more flexibility as far as opting out. I'm particularly pleased to see that -- particular complaints by neighbors and customers alike will not only be tracked but given to us, required to be given to us. I like the neighborhood counsel idea. I like the fact there is no management fee for the subcontractors who may be subsidiaries. There are a number of things I like better than where we were three weeks ago. However -- and as I said before, I think Commissioner Hancock's point that privatization probably means we can do it cheaper. However, I don't think this particular contract is the privatization one we should be voting on for a number of reasons; the most important of which is we've all said I don't know how many times we want to be out of there in ten years and we are voting -- it appears the majority of the board is gonna vote yes on a document that says we want to be there 21 years, and those are in direct conflict with one another. COMMISSIONER HANCOCK: Just on that last point, it's a recognition of reality that we may not get everything done in a ten-year time frame. I think that's a realistic approach. But I think the fact that we've given ourselves the opportunity to opt out, potentially not at a cost but in fact putting more money in our pocket than we could through existing operation negates that in my opinion. We'll obviously differ on that, but I find comfort in that element. CHAIRPERSON MATTHEWS: Is there further discussion on the motion? There being none, I will call to question all those favor of awarding this contract, please state aye. All those opposed? Motion passes 3-2, Commissioner Constantine and MAtthews being in the opposition. COMMISSIONER CONSTANTINE: MAke a motion we adjourn. COMMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: Doesn't need to be seconded, and it's not debatable. Motion to adjourn. We're adjourned. TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Anjonette K. Baum, CSR