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Board of Commissioners SWDD Meeting Minutes - Final January 9, 2024 <br />There was no further discussion on this Item. <br />A motion was made by Commissioner Earman, seconded by Vice Chairman <br />Flescher, to approve staffs recommendation. The motion carried by the <br />following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, <br />Commissioner Moss, and Commissioner Loar <br />15.8.4. 24-0058 Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC <br />Recommended action: Staff recommends that its Board approve Amendment No. 4 to Landfill Gas <br />Agreement with Nopetro Eco District, LLC (NED) and; authorize the Chairman <br />to execute the agreement after review and approval by the County Attorney as to <br />form and legal sufficiency <br />Attachments: Staff Report <br />Amendment No. 4 to Landfill Gas Agreement <br />Utility Services Director Sean Lieske referred to staff's memo dated December <br />28, 2023, as there had been a series of amendments associated with the <br />agreement with Nopetro Eco District, LLC (NED), the most recent being <br />Amendment No. 3 Agreement to grant 12 months to the Natural Landfill Gas <br />(LFG) agreement commencement date from June 30, 2023, to June 30, 2024. <br />Mr. Lieske presented Amendment No. 4, which was strictly to extend the <br />contract based on the requirement of their project financing entity to ensure that <br />the termination of the agreement would be beyond the project schedule for <br />completion. <br />Under discussion, Vice Chairman Flescher, Commissioner Loar, and <br />Commissioner Moss expressed their discomfort with the language in the contract, <br />specifically the use of gross receipts versus net proceeds. They stated that they <br />did not favor moving forward with the contract. <br />County Attorney Bill DeBraal received confirmation that the 10 -year extension to <br />the 20 -year contract was no longer on the table. NED CEO Jorge Herrera stated <br />during the last meeting that an extension of three and a half months beyond the <br />outside date had been requested, citing factors that were within their control at the <br />time. Their main concern was that if there was a delay and they could not finish by <br />the deadline, they would not be able to close on their construction loan. <br />Commissioner Loar stated his concern regarding the recent changes and <br />extensions made to the Amendments. He requested from NED and Assistant <br />County Attorney Keith Jackman a more precise definition of the gross receipts. <br />Indian River County Florida Page 2 <br />