Public Comments at Waller County Commissioners Court Meeting December 12, 2012 – Mike McCall

December 12, 2012

Public Comments of Michael M. McCall

Who owns Green Group Holdings (GGH)?

Two weeks ago Thad Owings stood here and told you about GGH having purchased the Arrowhead Landfill in Perry County Alabama. He also told you about the gratuitous backpacks they gave the children. Nothing was ever said about the most important matter of just who owns GGH and who owned the Arrowhead Landfill.

A major article from the Huffington Post, easily found with a Google search, will tell you that a subsidiary of Knoxville based Phillips-Jordan operated the Arrowhead Landfill. Apparently when the operators of the landfill stopped paying the owners of the landfill, the owners filed for bankruptcy. Apparently the owners went into bankruptcy to protect the owners from litigation. GGH then bought the landfill out of bankruptcy. They have since renamed it and apparently it is also in a Limited Liability Company (LLC).

GGH also owns Pintail Landfill, LLC.

The information we have is that Phillips-Jordan or a related company called Phillips Management and Services, LLC owns 45% of GGH. Herzog Contracting Corp. owns 45% of GGH and the rest of the ownership is with certain principals of Herzog and Phillips-Jordan owning the rest.

If you look at the representations of GGH about the landfill in Merriwether County Georgia and the misrepresentations made about their involvement with that landfill, don’t you get just a little suspicious about any representations they might make about Pintail? In the immortal words of President Obama, “you did not build that” is the truth about the Turkey Run Landfill in Georgia. You might also investigate the involvement of Herzog with the Wagon Mound Municipal Landfill in northeast New Mexico and see what Herzog has ever done for that community. We have had people travel there and talk to the people of Wagon Mound, New Mexico. We have also had people travel to Uniontown Alabama and we have videotaped testimonials that say it all when it comes to the Arrowhead Landfill. If you really cared, you would want to see those testimonials for yourself.

About the Ordinance

In certain conversations with members of Commissioner’s Court there have been questions raised about the ordinance to regulate the location of landfills in Waller County. One Commissioner opined that he did not like the ordinance because there were no studies made to come up with a really good ordinance. This was the responsibility of Commissioner’s Court but it was left up to the citizens to try to protect all the citizens of Waller County. A better question is, what studies were done to determine where to put this landfill? When were public meetings held to determine what the socioeconomic and environmental impact will be on the land and people of Waller County? In fact, NO studies were done to evaluate the impact of this landfill NOR its location!

A Cash Cow

Have you contemplated what percentage of the revenue from the Pintail Landfill should the County get? Considering that this project as presently designed is worth upwards of 1 billion dollars in present value dollars to GGH. At an inflation rate of 4%, a life expectancy of 49 years and a starting tipping fee of $42 per ton, the total value of this project to GGH is over 3.3 Billion dollars. What should the County’s share be? Just how much money are they offering? Have you quantified it? What do you know about getting the County and the Cities of Hempstead and Prairie View what they really deserve? What leverage do you have in negotiations without having approved a resolution in opposition to the landfill and without having filed suit to enforce the County’s Ordinance?

There is presently a battle royal brewing between Farmers Branch and Carrolton about the expansion of the Camelot Landfill that is in Carrolton but owned by Farmers Branch. Presently Farmers Branch gets $1,000,000 per year from the landfill plus 10% of the tipping fee. I think their deal is with Republic Waste. In comparison, how are you doing in your negotiations?

Other things of interest relates to the planned expansion of the Camelot Landfill. They are asking TCEQ to approve increasing the height of the landfill by 202 feet and adding 38.5 acres to the landfill. What if GGH wants to add 202 feet to this landfill’s height in 20 years? Who will be around to fight it then? Who is going to be around to remember what Earnest Kaufmann promised they would not do? No matter what you do in the host agreement, make the promises of today in any host agreement tie to the land and not their entities. It is very easy to collapse an LLC and move on to another corporate entity. They have done it before and I believe they will do it again.

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