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Home My WebLink About1989-12-11 90-20 RESOLVEw Date un 12/11/89 Item No.9090=20 Item/Subject: Authorizing the Couw3ttee to Analyze PEER to Negotiate with the Penobscot Energy Recovery Company - Passible Solid Waste Tipping Responsible Department] Pee Adjustment - Engineering _ Commentary: PERC announced in August that the oxringtov plant is operating 1n the red, and that a tipping fee adjustment will be necessary to keep the plant operating after the first of the year. ToCsupport their 'c , PERC agreed to fund a financial and o technical examination of thein operation by a Consultant to be plckedgheix customers, which they have agreed to fund up to $60,000.00. A Co®Is i[[ee was formed made up of representatives of the Penobscot Valley Refuse Disposal District, of Which Bangor is a member, representativesofvarious commodities Who contract with Sawyer Environmental for disposal at PERC, and various other commodities who have independent contracts with PERC. The Committee 1s presently working with a Consultant on the analysis of the PERC operation, and 1t has been suggested that the Comittee would probably be the best group to ultimately negotiate any possible adjustment of tipping fees or operation With PERC. The Committee would ultimately make arommendation to the communities served, based upon their negotiations; however, it will still be up to each c unity to determine the extent of any possible modification of their e'iating municipal contracts With PERC. ppenwearxead Manager's Comments- W.rail �K Q- wAJ<�Ori IW�tG-�-tY LLn.Ql.an" U J V �4 11N/ Uel Uxxw•� �-B '�°""^'a""`wu R� p.i.bu.a R„�.�t�q: y Associated Information:0 - Budget Approval: N,fl - Finenn Dlrc Legal Approval: CieYsuich" laved For Passage Pap —of_ Feft Beading ❑Referral 90-20 Assigned to Councilor Sullivan, December 11, 1989' CITY OF BANGOR (T�j�,jryfgpj A [bo icing. to c tcee to A alyve PExe c N g ciate_ vitn the, P b of Energy Re9RyeCY_C4mPPAY RoysiBJ,e. 9xlAA...WasRg..TApRiWs..Pgx..Adiue3ment By fke City Com tit 0(tbe Cieyollianyor R WLVM, THAT. WHEREAS, the Penobscot Energy Recovery Company (PERC), the operators of the waste -co -energy facility In Or[ington have indicated that an adjustment in the tipping fee far solid waste disposal will be necessary to en offset excessive operational costs: and WHEREAS.-a,Comittee has been formed comprised of representatives from various commmunities�s&rved by PERC, including members of the Penobscot Valley Refuse Disposal District, to analyte the financial and technical aspects of the PERC operation with the assistance of a Consultant, said Committee being known as the Co®Sttpe-to Analyze PERC; and WHEREAS,`it Is anticipated that the results of said analysis may lead to the necessity to negotiate a tipping fee or other operational changes to the PERC operation; And SEE REAg,It IS felt that the Committee to Analyze PRBC appears to be the beet qualified group to conduct said negotiations; NOW. THEREFORE, Be It RESOLVED: THAT the Committee to Analyze PERC is hereby authorized on behalf of the City. of Bangor to: 1. Complete as soon as possible the evaluation of the financial, operational, physical an4 regulatory statue of the waste -to -energy facility in orrington, Baine, owned by the Penobscot Energy Recovery Company (PERC); and 2. Determine the various alternatives which exist for disposal of municipal solid waste disposal, and 3. Endeavor to negotiate with PERC officials a proposed solution for the solidwaste needs of this and other cities and towns, and to present such proposed solution to this municipality by March 1. 1990; and be 1t further RESOLVED, THAT the City. Council r at all times the ultimate discretion and authority to determine whether any action as may be recommended by the Committee to Analyze PERC is In the best interest of the City of .'$angor. In City Council December 11,1999 'passed- ..Council voted Conflict of Interest by Mayor Sawyer & l//rCCoounciloriCoohen Ci y Ct le�ih- U '90 -Po RESOLVE Authorizing the. Committee to Analyse FERC TO Negotiate with the Penobscot Energy Recovery Deanery Possible Solid Waste Tinning Fee Adjustment-� //JIn/�9�^^` " l C December 4, 1989 MEMORANDUM TO: PERC Contract Communities FR: Committee to Analyse PERI 'RE: Establishment of Negotiating Committee The Committee to Analyse PERC, which consists of representatives of the Penobscot Valley Refuse Disposal District, Tom Sawyer, Inc. and its contract communities, and the independent PERC contract communities, has been proceding diligently with its authorized task of selecting and overseeing a consultant to review the financial and technical condition of the PERC facility. CSI Resource Systems, Inc. has been selected and 'i w in the process Of conducting its evaluation of PERC. It is anticipated that the study will be concluded by the end of January,. 1990. _ In anticipation of the results of the study, PERC.has requested that the party(ies) responsible for the renegotiation of any contract terms be identified by the contract communities. The Committee believes that it would be. in the best interest of the contract communities to concur with PERC's request so that, should the consultant's report recommend a renegotiation of contracts, the process will be able to proceed without delay. As you are aware, the current responsibility of the Committee to Analyze PERC is limited to -consultant selection and oversight. The Committee believes; however, that given the qualified backgrounds of its members. its involvement in the issue, and the fact that it is working very well as a body, it is thelogical. group to be.anthorized to proceed with negotiations, should that become necessary. Committee members offer expertise in waste -to - energy, engineering, municipal government, planning and development, negotiating and solid waste management; it also has several attorneys available to it. Along with a list of the Committee members, we are enclosing a Resolution that we are asking your Board of Selectmen or Town or CityCouncil to Consider at your next meeting .which authorizes the Committee to negotiate on your community's behalf. At the end of any negotiations, the Committee would recommend a course of action to the contract communities. The Committee cannot over emphasize the fact that the final decision to accept a contract as renegotiated by the Committee remains with the individual communities.. Please return the Resolutions to: Committee to Analyse .PERC P.O. Box 2579 Bangor, Maine 04401 Please call any of the committee members if you should have questions. RESOLUTION FOR ACTION BY. PERC CONTRACT COMMUNITIES RESOLVED: That the Committee to Analyze PERC is hereby authorized on behalf of the Town/City of to: 1. Complete as soon as possible the evaluation of the financial, operational, physical and regulatory status of the waste -to -energy facility in Orrington. Maine, owned by the Penobscot Energy Recovery Company ("PERC"); 2. Determine the various alternatives which exist for disposal of municipal solid waste; and 3. Endeavor to negotiate with PERC officials a proposed solution to the solid waste needs of this and other cities and towns, and to present such proposed solution to this municipality by March 1, 1990; FURTHER RESOLVED: That the Council/Board of Selectman reserve at all times to this Council/Town the ultimate discretion and authority to determine whether any action is in the best interest of the City/Town. Adopted 1989 Signed (Authorized Municipal Official) kierr g 'ilbgILATL po¢!^ &,n COMMITTEE TO ANALYZE PERC: MEMBER LIST Jerry Sessler, Chairman 633-5006 B.R.R.D.D. P.O. Box 105 Boothbay, Maine 04537-0105 Don Willard, Town Manager 236-9648 Municipal Building P.O. Box 10 Rockport, Maine 04856 Richard Vander Bandon, Town Manager 276-5531 Municipal Building Sea Street Northeast Harbor, Maine 04662 Roil Autio, Selectman 832-5237 417 Bradford Point Road Friendship, Maine 04547 Larry Post, Town Manager 938-4568 Municipal Building St. Albans, Maine 04971 Robert Nickless, Chairman 873-0711 Waterville/Winslow Solid Waste Corp. 7 Benton Avenue Winslow, Maine 04901 Elery Keene, Director 873-0711 North KennebecRTC 7 Benton Avenue Winslow, Maine 04901 Donald Meagher - 942-6389 Eastern Maine Development Corp. - P.O. Box 2579 Bangor, Maine 04401 John Frawley, City Engineer 947-0341 Municipal Building 73 Harlow Street Bangor, Maine 04401 Committee to Analyse PERC Member List Continued Verne Leeman, Selectman 843-5233. Town of Eddington P.O._ Box 99 E. Eddington, Maine 04428 Scott Hagemeyer, Contract Administrator 947-4997 or 848-7551 Tom Sawyer, Inc. RR 2, Box 1 Freedom Park Bangor,. Maine 04401