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Board of Commissioners SWDD Meeting Minutes - Final January 9, 2024 Attorney Jackman suggested postponing the discussion until the January 23, 2024, BCC meeting, as there were concerns regarding the contract's legal sufficiency. The County's gross receipts appeared to cover NED's consumables, taxes, and operational costs, creating ambiguity. The contract should reflect this if the County intended to cover these costs. Chairman Adams expressed frustration with this ongoing project that began in 2019, which incurred numerous costs and several improvements at the county landfill. The leachate issue was addressed by installing a landfill evaporator to access the landfill gas. The plan was to convert the landfill gas into electricity, but the County decided on the pipeline instead, which led to the leachate issue. She stated the Florida City Gas commissioner had used this potential project to get a gas line extension to the beach, but getting the necessary agreements had been a challenge. All amendments, including Amendment Three, had been approved, and additional language was added as requested by the County. However, new attorneys had interpreted the Amendments differently, delaying the project's final phase. An extension of the contract for this project was needed to secure funding. Chairman Adams was concerned that the time between now and the January 23rd meeting was not enough time to vet everything. Amendment No. 4 was presented as a simple extension to acquire funding. Delaying it would require budget input, vetting on different market conditions, and comparing contracts from Jacksonville and Indian River County. She stated even if the County Attorney's office and all the other staff focused solely on this, it would still take longer than the funding deadline. If there was no funding, the project would not happen. Chairman Adams was glad to see progress in the willingness to have conversations on both sides but worried that there would be nothing to discuss if the decision was delayed. A lengthy discussion ensued about whether the Attorney's office and representatives from NED could renegotiate the contract language before the BCC Meeting on January 23, 2024. A motion was made by Commissioner Moss, seconded by Commissioner Loar, to postpone the vote until the January 23, 2024 regular meeting, to allow for requested changes to the language in the existing contract. The motion carried by the following vote: Aye: 3 - Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar Nay: 2 - Chairman Adams, and Commissioner Earman Indian River County Florida Page 3