Meeting on Friday December 4, 2009

TOPIC: Municipal Solid Waste Commitment for ZESC Facility Recycling

This MEETING AGENDA and ACKNOWLEDGEMENT FORM shall be immediately copied

and provided to all attendees for the records of each party.

This record may be distributed through Metro’s Public Records Request System.
Any materials in the presentation marked with an * may also be released to the public.

# Agenda Item Initial Acknowledgements

record of Scott R David H
Attendees: Signature

Marni Zollinger
ZESC Developer (primary presenter)

David Hartmann
Troutdale City Councilor

Scott Robinson
Metro Deputy Chief Operating Officer

Marvin Fjordbeck
Metro Legal Counsel

Paul Ehinger
Metro Solid Waste Operations

other:

Location:
2a Metro Council Office Building
600 NE Grand Ave., Portland, OR 97232-2736
beginning near 12 noon, room ___________

History: *was information shared?

3a Marni first contacted Scott R. in April of 2009 at the

behest of Mayor Jim Kight of Troutdale.

3b Email Record of early proposal re--forwarded by Scott. R.

3c Scott R circulated the old introduction to other Metro

attendees including Rod P, who has been in contact with
David H? If Yes----- initial ->
3d New material provided and circulated prior to meeting --
forwarded to all attendees -including "METRO PPT"?

Current Material:

4a A. Marni showed "ZESC_METRO" ppt

4b Key Differences between ZESC proposal and

Metro's other known options as found in
Metro's 2008 WTE review.

4c Energy Agreements-new flexibilities - EWG not PPP

4d Tech IP availability - Purchase VS License

4e Finance review- assumes Metro origination

and Metro full faith and credit VS ZESC "other" finance:
(ZESC - federal credit enhancement of collateral)
ZESC alone contracts non-recourse debt.
Bottom line: Metro signs nothing but MSW commitment.

4f ZESC design- baseload, high efficiency generators &

no smokestack

5a Review KEY Understandings

5b No Metro money, credit, or signature of facility loans

5c No pollution (air, water, ground) permit shall be sought

5d Metro shall not have any ownership of ZESC

5e The Tipping Fee shall be ZERO -

5f 500 tpd design

5g Metro shall receive audit trail on every lb of MSW

5h ZESC will separately achieve compliance with OR DEP

5i ZESC not a Vendor to Metro. We exchange no goods.

What I am seeking: MSW Commitment

6a Paragraph by paragraph review of language

6b Current Waste Law ____________ language supplied

with highlights
6c Marni provided RFP/ Procurement Laws State and Metro

6d Severability Clause ------- Opportunity to Recycle.

Pro and Con Discussion

7a Hopes, Fears
7b What is good for Metro, good for environment, what is
responsible and equitable?
7c How can job security be preserved? How can landfill-
owners be able to retire their debt and keep employees?

DECISIONS

ONLY INITIAL ONE CHOICE

8a 1. Metro will supply a written commitment pledging

500 tpd of Class 1 MSW within ____________ days.
(draft provided)

8b 2. Metro declines to coordinate a commitment of MSW

at this time. However, until such time as Metro may
determine to provide an MSW commitment, Metro
understands and acknowledges that any Metro-
licensee or franchisee must obey the Oregon HB 3744
and any Metro-crafted obligation in conflict with
maximum recycling of solid waste shall be waived.
Metro hereby frees any Metro- licensee or franchisee
to obey Oregon HR 3744 by committing MSW
for recycling through the ZESC Facility.

8c 3. Any other legal options?

what is good, what is equitable, what provides a good future?