agenda - Sunrise Water Authority, OR
Transcription
agenda - Sunrise Water Authority, OR
Board of Commissioners: Regular meeting Wednesday, January 27, 2016, 6:00 p.m. AGENDA CALL MEETING TO ORDER Pledge of Allegiance Approval of Agenda Outstanding Items PUBLIC COMMENT Please sign the attendance sheet. Members of the public are welcome to speak for a maximum of three minutes. Public comment provided at the beginning of the agenda will be reserved for comment on special presentations, letters and complaints. Public comment related to specific agenda items must be held until the board addresses that item. FIRST READING AND PUBLIC HEARING ON ORDINANCE 2016-01, ADOPTING RULES AND REGULATIONS FOR WATER SERVICE FOR THE SUNRISE WATER AUTHORITY AND RESCINDING ORDINANCE 2013-03 1. CONSENT AGENDA 1.1 Approval of Minutes of December 16, 2015 1.2 SDIS Longevity Credit and Rate Lock Guarantee 1.3 Adoption of Resolution 2016-01, Authorizing Disposal of Surplus Property 2. DISCUSSION ITEMS 2.1 Financial Statements – December 2015 2.2 Acceptance of FY 2014-15 Audit 2.3 FY 2016-17 Budget Calendar and Budget Officer Appointment 2.4 Land Lease Renewal with Pacificorp 2.5 Amendment to ODOT Reciprocal Lease 2.6 Board Recruitment, and Secretary and Liaison Appointments 2.7 Appoint Board Members to CRWSC Work Group 2.8 2016 System Development Charges 3. STAFF REPORTS 3.1 Manager’s Update 3.2 Engineering & Construction Reports 3.3 Operational Reports 4. BOARD BUSINESS 4.1 Board Calendar 4.2 Liaison Reports 4.3 Information Items 4.4 For the Good of the Order 5. EXECUTIVE SESSION An Executive Session of the Sunrise Water Authority Board of Commissioners will be conducted pursuant to 192.660(2)(a) To consider the employment of a public officer, employee, staff member or individual agent. REMOTE ACCESS FOR BOARD OF COMMISSIONERS MEETING: Website: https://www.webex.com/login/attend-a-meeting Meeting Number: 190 306 012 POSTED PER REQUIREMENTS, FRIDAY, JANUARY 22, 2016. The meeting site is accessible to persons with disabilities. Requests for an interpreter for the hearing impaired should be directed to Cindy Richards at 503-761-0220 or [email protected] at least 48-hours in advance. PUBLIC HEARING SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Rental Property Accounts BOARD ACTION REQUESTED The Board of Commissioners is to convene a public hearing on Ordinance 2016-01 EFFECTIVE DATE Second Reading to take place February 24, 2016 PRINCIPAL STAFF PERSON Kim Anderson, Government Relations Manager DOCUMENTS ATTACHED Related Excerpt of the Rules and Regulations Summary BACKGROUND The Board of Commissioners had determined the need to evaluate and adopt a revised process for the management of tenant accounts. Ordinance 2016-01 formalizes the process by adopting amendments to the Rules and Regulations related to tenant accounts. As discussed previously, the number of tenant accounts continues to rise and the amount of staff resources dedicated to managing these accounts is exorbitant. The high turnover of tenant accounts impacts the workflow for both the office and operations staffs by increasing: The number of final meter readings; The number of final bills generated; Time spent processesing returned final bills and refund checks; and The number of accounts sent to collections. Moreover, there is a substantial amount of research required in determining who is responsible for the water during any undefined period of time. ANALYSIS The approach approved by the Board for inclusion in the revised Rules and Regulations is for all residential accounts to remain in the name of the property owner. Administrative processes can be developed that will address issues pertaining to tenant notification of shut-offs and other such related issues that might arise. Adoption of ordinances requires publication of notice and two separate public hearings prior to adoption. This is the first public hearing on Ordinance 2016-01. January 27, 2016 Public Hearing Page 1 of 4 OPTIONS January 27, 2016 The Board of Commissioners is requested to open the public hearing on Ordinance 2016-01 and direct the General Manager to read the ordinance by title only. Public Hearing Page 2 of 4 Current Language January 27, 2016 Public Hearing Page 3 of 4 Proposed Language January 27, 2016 Public Hearing Page 4 of 4 Agenda Item – 1.1 M I N U T E S A regular meeting of the Sunrise Water Authority Board of Commissioners was held on Wednesday, December 16, 2015 at 6:00 p.m. at Sunrise Water Authority, 10602 SE 129th Avenue, Happy Valley, Oregon, 97086. Board Present: Ernie Platt, Chair; Ron Blake, Vice Chair; Keith Miller, Secretary; Terry Roskey; Deanna Boast; Kevin Bailey; Steve Gaschler Board Absent: None. Staff Present: Wade Hathhorn, General Manager; Carol Bryck, CFO; Dan Fraijo, Operations Superintendent; Kim Anderson, Government Relations Manager; Christin House, Customer Service & Billing Manager; Cindy Richards, Administrative Assistant Visitors Present: Ken Humberston, CRW Commissioner; Dave Gray, OLWD Board; Frank Iranshad, Citizen CALL MEETING TO ORDER 6PM Platt called the meeting to order at 6:00 p.m. APPROVAL OF AGENDA Platt stated that items 2.2 and 2.7 both involve acting as the LCRB and suggested moving item 2.7 up after 2.2. He said that under 4.4 “For the Good of the Order” there would be a discussion on the joint meeting with CRW the following Monday (December 21). Hathhorn added item 2.8 for discussion of pre-purchasing of SDCs. A motion to approve the agenda with amendments was made by Roskey and seconded by Gaschler. The motion carried unanimously. PUBLIC COMMENT Iranshad explained he had a main break in a Sunrise easement in his driveway and wasn’t notified. The leak continued for a few months but was fixed as soon as he realized it. He summarized his understanding of the leak adjustment policy and stated that he was asking for a larger adjustment to his bill. He reiterated his frustration that he wasn’t notified sooner. Platt asked if Iranshad had talked to Staff. Iranshad replied affirmatively. Platt asked if Staff was prepared to talk about the customer’s situation. House said she hadn’t prepared in advance but was able to pull Iranshad’s account up while he was addressing the Board. House explained that the adjustment hadn’t been processed yet, but she could calculate it for discussion purposes. Platt asked if she was comfortable discussing the situation, and if she wasn’t he offered the possibility of addressing it at the next meeting. Blake asked where the water meter is located. Iranshad gave a description, stating that the meter is in the sidewalk, but the pipe from the meter to his house goes through Sunrise’s easement in his driveway. Staff clarified that there is no easement associated with the home service line that extends from the customer side of the meter to the property owners home, that in fact that pipeline belongs to the homeowner and is their responsibility. They emphasized that Sunrise’s responsibility for the water service ends at the meter. Roskey commented that meters are only read once every two months, so it can be hard to notify customers right away when a leak occurs. Platt suggested that Iranshad meet with Staff to further discuss the issue and then come back to the Board in January to discuss the issue. House summarized that the billing system is designed to find high-reads, but it’s not designed to review individual consumption. She explained that Iranshad’s consumption was higher in June than it was the previous year, but was well within the bounds of the normal usage range for his type of account. She noted that if the consumption was seemed high to him when he received his bill he should have alerted us and we could have done a leak check at the time, but Sunrise wasn’t contacted for several months. When Sunrise was contacted a leak check was done. Iranshad agreed with House’s summary and said that he agreed that part of the liability was his and asked the Board to understand that the 60/40 policy may not be applicable in this case. He asked that the Board consider the policy in the future maybe including the 60/40 plus the approximately $300 cost of hiring a leak locator. Platt commented that it’s the customer’s responsibility to identify fluctuations in usage because it isn’t possible for staff to know how customers are using their water. Hathhorn added that normal usage during irrigation seasons can range from 10 to 80 units making it very difficult to discern normal summer usage from a leak. Platt commented that the Board had to honor the policy. Platt asked House if, given the process, there is anything that could be done differently. House said she would consider adding an additional month to the adjustment. Platt agreed that given the bimonthly billing cycle, he understands a leak might go undiscovered for a longer period of time and allowed for an adjustment to include a fourth month. Platt stated that staff would be in touch with him regarding the adjustment. Iranshad commented that the easement in his driveway was due to a fire hydrant that was supposed to be installed but never was. Platt stated that Iranshad should bring any documentation he has regarding the hydrant to staff for discussion, as it is a separate issue from the leak adjustment and could not be addressed during tonight’s meeting. 1. CONSENT AGENDA Gaschler asked about the total construction cost for the Pump Station 15 project. Hathhorn estimated it will be between $1.2 and $1.4 million. Blake commented item 1.3 doesn’t indicate the location of Sunnyside Plaza Phase 2B. Platt said it’s in the shopping center behind the new Walgreens. A motion to approve the consent agenda consisting of the items listed below was made by Gaschler and seconded by Bailey. The motion carried unanimously. 1.1 Approval of Minutes of November 18, 2015 1.2 Approval of Waterline Easement for Sunnyside Plaza Phase 2B Development 1.3 Acceptance of Water Mains and Related Facilities for Sunnyside Plaza Phase 2B Development 1.4 Acceptance of Water Mains and Related Facilities for Wyatt's Park Subdivision 1.5 Approval of Engineering Design Services Fee 2. DISCUSSION ITEMS 2.1 Financial Statements – November 2015 Bryck commented that a report on the top users is forthcoming. A motion to accept the Financial Statements was made by Miller and Seconded by Gaschler. The motion carried unanimously. Minutes of December 16, 2015 Page 2 of 9 2.2 Approval Resolution 2015-16, Findings for Alternative Construction Methods Platt convened the Local Contract Review Board for Approval of Resolution 2015-16, Findings for Alternative Construction Methods and Approval of Equipment Procurement. Hathhorn commented that the draft findings were presented in the previous meeting and left open for public comment but that no public comment has been received. He said the final findings being presented tonight are identical to the draft findings presented previously. Authorizing the findings through Resolution 2015-16 allows Staff to move forward with contractor selection through contract proposals, in accordance with the statutes and rules cited therein. A motion to adopt resolution 2015-16 was made by Bailey and seconded by Miller. Gaschler asked how price is established in the contract proposal process. Hathhorn said price is part of the larger question asked of proposers, allowing for the combination of selection criteria, of which price is only one, to be used for the selection of a contractor. The process allows for determining what score will be assigned to price. He indicated in the last meeting our intent to assign at least 50% of the score to price. In this process the engineers (Murray, Smith & Associates) prepare 60% design drawings, which are included in the contract bidding documents. Hathhorn stated that other factors outside of price would be included in the scoring such as past experience, capacity to complete the job within the design schedule, and other criteria that are in process right now, so price is just one piece of that. Gaschler commented that once the contractor is selected, the price still isn’t final since there is more design work to do, and once that is done the final price is negotiated, which, the agency would hope is less, but in some cases it might be more. He asked how staff handles the final price negotiation in that case. Hathhorn said it’s negotiated in the rules that the final price isn’t substantially different from what’s presented in the solicitation, so for example the $1.2 to $1.4 million pump station wouldn’t be turned into a $6 million tank. There is room to negotiate certain outcomes, but the idea is to clarify the design with the contractor in order to minimize change orders. Hathhorn explained that the rationale in choosing this selection process was to attempt to move forward quickly with an aggressive construction schedule and to pre-qualify contractors in addition to selecting on price, in order to include qualifications to reduce potential change orders. Gaschler asked if Sunrise has used this process before. Hathhorn confirmed it has. Gaschler commented that he’s familiar with the process but had never been through it so he is anxious to see how it goes. Hathhorn stated that staff is using template documents from a similar project that included only 40% drawings to prepare the construction documents. Platt reminded the group that there is a motion on the table. The motion carried unanimously. Hathhorn added that staff has been working extensively with legal counsel. 2.7 Approval of Equipment Procurement for Pump Station 15 Platt stated this is action is also under the Local Contract Review Board. Hathhorn summarized that at the time the staff report was written, Staff was awaiting bid proposals but they are available now. Hathhorn passed out copies. Hathhorn summarized that staff sought quotes from four providers and three of the four responded by the deadline. Staff has reviewed the bids and considered each of the bids complete. The low bid was submitted by Triangle Pump at $132,461. Bailey asked why it was so much lower than the other two. Hathhorn said it looked like they took the mark-up off the equipment and there was a lower price for the services required for startup. Minutes of December 16, 2015 Page 3 of 9 A motion to approve the low bid offer for procuring two 100hp pumps for the Pump Station 15 project was made by Roskey and seconded by Gaschler. The motion carried unanimously. Platt closed the Local Contract Review Board and returned to regular session of the Board. 2.3 Proposed Revisions to Landlord/Tenant Policy Anderson commented that this issue was last discussed substantively in 2012. She passed along some updated information provided by legal counsel and summarized that their recommendations were included as an added item in the proposed revisions to the Rules and Regulations. Staff has looked at moving away from allowing tenants to have their own accounts. She said this would simplify the entire process of managing non-owner occupied accounts. Anderson noted that the a significant benefit of leaving accounts in an owner’s name is that there is never any question as to who is responsible for the consumptions associated with the property. She explained that there is substantial resources dedicated to transferring accounts from owner to tenant and back to owner each time a change in tenancy occurs, including sending staff out to read the meter, entering the work order in the system, and processing final bills and collections. Anderson said that we don’t have an accurate number tenant accounts in the system, but of the average 150 finals per month about 30% of those are rentals. Hathhorn added that there are complications with the system as well; it’s difficult to have consistent and accurate records of who the tenant and owner is on any given account. It was noted that we spend an inordinate amount of time on these finals with limited staff resources. Hathhorn said it would be one thing if there were only two or so each month, but at this rate he felt we would have to consider adding staff just to deal with them. Another problem he sees with the current process is that the property owner is operating a revenue generating business which the rest of our customer base helps subsidize through our services. He said staff could send a duplicate bill to the tenant and the owner/tenant agreement between the two parties can dictate who is going to pay, but as far as Sunrise is concerned the party ultimately responsible would still be the owner. Platt asked if an owner wants their tenant to be responsible, how do we determine the cut off between the tenant and the owner so that the owner can square up a final billing with the renter. Anderson commented that the owner can read their own meter and call Customer Service with the reading and a customer service rep can perform a basic calculation using an excel spreadsheet to generate a billing amount. Blake commented that he understands where staff is coming from but to him it’s a customer service that is provided. Anderson reiterated that basically the owners are business owners and using us to provide their service and they’re using more of our service than the other owners. Staff and the Board discussed who would be responsible under the current policy if the tenant “jumps ship.” Anderson said the proposed changes clear up ambiguities such as that. House explained another complication that often occurs is when a tenant moves, by the time a final bill goes out, typically an owner has refunded the tenant their deposit so they are unable to take the payment for the final bill out of that deposit in which case the tenant would be sent to collections. House commented that sending customers to collections isn’t a very good form of customer service. Miller questioned the validity of the agreement that owners were asked to sign when the process was last changed in 2012. Hathhorn replied that there were issues getting the agreements signed. Miller commented that there didn’t seem to be much value behind the agreement as there are no conditions to receiving water by signing the agreement. Hathhorn commented that this conversation is exactly how complicated the issue became for staff. He said Sunrise provides water Minutes of December 16, 2015 Page 4 of 9 to a property, not to a person. He said the least complicated way to deal with it is to provide water to the property owner, regardless of who inhabits the residence, and send a duplicate copy to the property itself as well as the noted owner, wherever they may be. He commented that otherwise Sunrise gets stuck in the middle of the relationship between the owner and the tenant. Humberston suggested making the changes by ordinance. Anderson said it is part of the Rules and Regulations which has to be passed by ordinance. Gaschler asked if the owner doesn’t pay the bill, what action would be taken against the tenant. Hathhorn said there are notifications that are required by law, and notice must be made to the property and the registered owner. The way we go about shutting the water off meets those notification requirements as well as the required amount of time for notification. In the event that we become aware that we have shut off the water to the tenant, we would turn the water back on for a period of five days to allow the tenant and the owner time to sort out payment. If it remains unpaid after the five days Sunrise would have the legal right to shut the water back off, according to Sunrise’s legal counsel. Platt commented that according to rental law in Oregon, owners are required to provide water, so the shut off would fall on the owner. Anderson noted that all notices will be sent to the service address and the owner, so the tenant will receive the bill, the past due notice, and the second notice before the water would be turned off, so the tenant would have ample time to contact the owner regarding the payment. A motion directing Staff to prepare an ordinance amending the rules and regulations to reflect the changes to rental property accounts was made by Roskey and seconded by Bailey. Hathhorn commented that he understood Blake’s concern regarding providing customer service, but the problem is there are some landlords who want to use this organization as a punitive means for shutting off the tenants, treating them badly, or getting out of being responsible for paying the bill. Motion carried unanimously. 2.4 Shut-Off Process Hathhorn explained that shut offs are the only means we have to enforce collection but shutting customers’ water off is pretty punitive. Hathhorn provided an overview of the time associated with processing shut offs compared to the amount of money that is actually recovered from the process. He stated that the agency currently collects about $7.5 million in water sales, and estimated that the total collected from shut-offs to be less than $20,000, which is less than what is written off each year for leak adjustments. Hathhorn summarized that currently there are approximately 100-150 shutoffs each month, and Staff dwindles that number down to around 20 by the time shut-offs actually occur. He described the current process and the significant amount of staff time dedicated to it, including at least one entire business day for both field and customer service staffs, and over time for one CSR and one Water Distribution Operator. Hathhorn described the typical “shut-off day.” Hathhorn explained that the typical reason for a shut off is that the customer has forgotten to pay the bill or that the customer is living paycheck to paycheck. He explained the fees associated with water shut-off could range from a $5 late fee to a total of $255 between the late fees and the afterhours call-out fee for having the water turned back on after-hours. Hathhorn said that from what we can see, these penalties and punitive processes do nothing to change the behavior of customers. Hathhorn summarized that the requested action is to decrease, suspend or remove the after-hours fee ($200), and allow Staff time to test various methods for shut-off which might include skipping shut-offs some months or sending accounts to collections. Minutes of December 16, 2015 Page 5 of 9 Gaschler asked if payment plans are available. Anderson said in most cases payment plans are available if customers call before the shut-off takes place. Gaschler reiterated the after-hours callout process and associated fee and commented that it’s punitive and too high. Blake commented that charging a customer $200 when they don’t have the money to pay their bill as it is isn’t right. Miller commented on the public perception, and that while he understands there is a cost associated with the process, Sunrise isn’t in the business of collecting fees. Hathhorn summarized that this is a low value exercise with no benefit in the long run. Platt said generally he understands the point and would understand removing the fee, but if we don’t charge something the rest of our customer base is covering the cost. Hathhorn suggested studying the demographic of the customers involved which may take several billing cycles. Roskey stated that Damascus had a fee charged to turn the water off but not to turn it on, and the same people were turned off each month and expected “curb service” to pick up payments. Hathhorn commented that Sunrise no longer accepts payments at the door due to the risks and liability associated with doing so. A motion to remove the $200 fee and direct staff to work toward a better solution and return with suggestions was made by Boast and seconded by Roskey. Bailey commented that he is for waiving the fee and looking for alternatives, but does not want to dismiss the turn off process altogether. Roskey withdrew his second. Boast withdrew her motion. A motion to suspend the $200 call-out fee and direct staff to develop an alternative process for Board approval was made by Miller and seconded by Bailey. The motion carried unanimously. 2.5 Staffing and FY 2015-16 Personnel Services Budget Hathhorn commented that there has been a number of staffing issues this year including turn-over and interruptions due to medical issues. Trying to make everything work amid a pressing problem of growth this spring, and in anticipation of integration with CRW left us short staffed. He commented that the agency needs services put back into place. Hathhorn highlighted some of the key areas he believed to be lacking in staff. Specifically he noted that the last Sunrise finance employee would be leaving at the end of December, and those services are essentially being “contracted” through CRW at this time. He noted that Bryck had her hands full and that taking the financial operations physically off of the Sunrise site had posed its own problems, such as the tracking and reconciliation of cash. He commented that he didn’t have reason to believe anything nefarious was going on, but Sunrise simply hasn’t had the staffing to be on top of cash reconciliation. He noted that another key factor with not having accounting staff located at Sunrise’s office has been inconsistencies with cash processing that occurs on a daily basis. Hathhorn stated that two things have to happen, daily cash processes and AP/paying bills, and that we this must occur consistently during a year when it is anticipated that we’ll have as much revenue from SDCs as from water sales. The other portion of the financials is the general ledger. He noted that this may or may not require hiring another senior accountant. He explained turn-over in the Technical Services area with the loss of a staff engineer. He is looking at the possibility of a beginning-level engineer and some additional development support. Hathhorn reported that the staff engineer that left previously was looking to return to her position. Hathhorn said normally this wouldn’t be a conversation he would bring to the Board, but he believes he will be going beyond the projection of the personnel services budget which would be an additional one to two FTEs. Bryck commented that could mean a supplemental budget or could be handled as a transfer of dollars from another item already budgeted for to personnel services. Minutes of December 16, 2015 Page 6 of 9 Roskey asked which was easier. Bryck said a transfer is easier, because a supplemental budget requires public hearings. Hathhorn said his plan would be to restore the staff engineering positon, a GIS technician, two accounting positions and one field staff, which would take us two FTEs over the budget for half the year. Platt asked Bryck which option she thought was most feasible. Bryck commented she believed a transfer would be feasible. Platt asked the Board if anyone took issue with any part of this proposal or if they were willing to direct staff to find a way to implement it. Hathhorn commented that the Board can give a directive then he would come back with specific numbers, anticipated salaries, etc. Bryck commented that the budget adjustment would be by resolution, and would just need to be done before overspending in any of the categories. Platt commented this is December so the numbers would have to bring back by January. Bryck commented that it would more likely be March. 2.6 Escrow Reporting Fee Anderson commented this is just a clean-up item. Platt commented that he sold a property in another district and escrow said they weren’t required to address outstanding water accounts. A motion to stop charging the escrow reporting fee was made by Roskey and seconded by Blake. The motion carried unanimously. 2.8 Pre-Payment of SDCs Hathhorn summarized that each year the SDC is adjusted by an approved methodology. In addition, developers and builders are sent a letter notifying them of the change. It has become common for them come in for pre-development application, but now we have people coming in saying they’ll be building in spring, and would like to come in and pre-pay for the SDCs to “lock-in” the current rates before the increase. Platt said he would agree with issuing pre-paid SDCs under the condition that they can turn in plans for plan review and an address and lot number have been assigned. He added that he would also be comfortable transferring the pre-paid credit to another property as long as the other property is in the same subdivision and has also been issued an address and lot number. Hathhorn said this issue is similar to the SDC credit issue of recent Board meetings. He noted there are problems with leaving issuing these open-ended. Platt added the caveat that they’d be non-refundable. 3. STAFF REPORTS 3.1 Manager’s Update Hathhorn said a special meeting will take place on February 10 to approve the intent to award the contractor for the Pump Station 15 Project. That gives Staff two weeks to negotiate the contract and present it to the Board at the regular meeting on February 24. Platt reiterated that the special meeting for January isn’t going to happen. Hathhorn commented that he’d already discussed staffing. There hadn’t been any major main breaks yet in spite of cold weather. Coordinated master planning with CRW will continue into spring. Staff is working with CRW on a coordinated grant for the construction of a new ASR well. Staff is also working on a grant application for a purple pipe study as well. Hathhorn stated the discussion of finding a new location for Sunrise is becoming more pressing. A discussion ensued regarding the value of the Armstrong Circle property and a property in consideration near Rock Creek Middle School. There was discussion around the reasons the Minutes of December 16, 2015 Page 7 of 9 Armstrong Circle property wouldn’t suffice. Hathhorn said he thought the opportunity to move is growing. Platt asked if the Board is suggesting that Hathhorn start entertaining buying a property. Hathhorn commented that Staff might come back to the next meeting with a survey of available properties. Platt commented that the Board would be anxious to look at anything. 3.2 Engineering & Construction Reports 3.3 Operational Reports 4. BOARD BUSINESS 4.1 Board Calendar Platt added the joint meeting with CRW to the calendar on December 21 at 5:00 p.m. The meeting will be held at CRW and food will be provided. Additionally, there will be a special meeting regarding Pump Station 15 on February 10. The CRWSC meeting on January 11 was missing from the calendar. The meeting will take place at Sunrise. 4.2 Liaison Reports Boast and Miller had nothing to report. Blake said only one citizen representative from the budget committee showed up to OLWD. They passed a resolution to increase the service charge by 4%. The Board was presented the FY 2014-15 audit and they asked that it be brought back the following month so there would be more time to approve it. OLWD and OLSD are still moving forward with their consolidation. The CRBC meeting is tomorrow. Platt added that Jim Martin from OLWD had indicated to him that the intention is that the consolidation will be on the May ballot. Roskey reported that Boring approved their audit. They are looking to piggy-back with a larger agency on the purchase of new 800-radios. Bailey reported that Happy Valley heard public comment on the Scouter’s Mountain development plans and decided to continue the hearing on it until February. There was also a discussion on marijuana facilities and Tri-met extending their bus routes. Platt reported that a special meeting was held at CRW on November 23. At that meeting the Board acknowledged that the elections for officers back in July were concducted by a secret ballot, so they re-opened the issue and elected officers. Humberston removed his name as Chair, and Kalani was elected Chair. Naomi Angier was elected Secretary and Larry Sowa was elected treasurer. The Board also discussed capital improvement. CRW’s regular meeting was devoted to presentations on the south side service area project by Bryck and Staff Engineer, Bob George. A comprehensive list of projects and timelines was discussed. They also received their audit report with a modified opinion, meaning it was clean. Platt said General Manager Lee Moore made a special point of clarification that the 152nd Reservoir is in the list of projects, but that doesn’t mean CRW won’t be collaborating with Sunrise on that project. Platt reported that business at Damascus is quiet but 123 properties have been authorized to withdraw under ORS 222 but to perfect that withdrawal the property owners need to present a survey and legal description of their property for the State Department of Revenue to finalize withdrawal. The City has said they’re not going to provide the surveys and legal descriptions so each property owner will need to do so. A motion was made for the City to pay for it and the motion failed five to two. Platt said someone commented that by taking that action the City guaranteed themselves 123 votes against them next May. Minutes of December 16, 2015 Page 8 of 9 4.3 Information Items Platt pointed out an article reporting that Lake Oswego and Tigard are close to project completion. Water Rights have yet to be settled. 4.4 For the Good of the Order Hathhorn reported that he was invited to a City of Happy Valley meeting regarding pre-proposal of a right of way fee. City staff indicated that they intend to impose a 5% fee on revenue generated within the City. They asked if that creates issues for Sunrise and Hathhorn said the fee would be passed on to customers within the City of Happy Valley and asked if the City would wait until the beginning of the fiscal year to impose the fee so Sunrise has time to inventory which customers are in the City of Happy Valley. Platt stated that he would like each Commissioner to work on a set of questions for discussion at the joint meeting of the CRW and Sunrise Boards on December 21. Platt said he had received a copy of the meeting agenda the day before and he passed it out. Platt questioned why the meeting will be taking place under executive session and he didn’t think it was necessary unless it gets into specific personnel of either agency. There is also the potential for executive session if there is discussion around a contract for buying water from SFWB. The Commissioners read the agenda silently. Platt commented that now is the right time to have this discussion and have some affirmation of where to head with the 190 agreement. Platt asked that the Commissioners get back to him by 5:00 p.m. the next day if needed. The Board discussed potential questions that might arise during the joint meeting. Roskey commented that it was an ambitious list for a two hour meeting. Hathhorn commented that one of the discussions might be the objective of the 190 agreement – is it in preparation for a future merger or is it to cut costs through shared resources? There was a discussion about the history of the two agencies prior to the 190 agreement. Platt directed the Board to read the agenda again and let him know if there were any topics missing from the list. Roskey asked if the meeting notice had gone out showing executive session. Platt confirmed it had. 5. EXECUTIVE SESSION At 8:57 p.m. the Board entered executive session pursuant to 192.660(2)(a) To consider the employment of a public officer, employee, staff member or individual agent. The Board returned to regular session at 9:15 p.m. Platt adjourned the meeting at 9:15 p.m. ERNIE PLATT, CHAIR Minutes of December 16, 2015 __________________, SECRETARY Page 9 of 9 Agenda Item – 1.2 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT SDIS Longevity Credit and Rate Lock Guarantee BOARD ACTION REQUESTED The Board of Commissioners is requested to approve the Longevity Credit and Rate Lock Agreement EFFECTIVE DATE January 27, 2016 PRINCIPAL STAFF PERSON Kim Anderson, Government Relations Manager DOCUMENTS ATTACHED Longevity Credit and Rate Lock Agreement SDIS Revised Invoice #1 Summary BACKGROUND SDIS is the provider for Sunrise’s liability insurance. As an added incentive to continue our coverage with the agency, they offer a rate longevity credit and rate lock guarantee. Sunrise Water qualifies to receive this benefit due to continuous participation in the program since January 1, 2011. This program is renewed on a biennial basis. ANALYSIS As shown on the SDIS Revised Invoice #1, the longevity credit will result in a refund to Sunrise of $4,821.50 in 2016 and an additional refund of $4,821.50 in January of 2017. In addition, participation in the program also assures that rates will not increase by any more than 5% during the second year of the program. If we chose to shift insurance coverage to another provider, we would be required to refund the credit issued plus interest at the rate of 5%. Participation in the program requires Board approval and execution of the Longevity Credit and Rate Lock Agreement. OPTIONS The Board of Commissioners may: Approve participation in the Longevity Credit and Rate Lock Guarantee program; or, Choose not to participate in the program. STAFF RECOMMENDATION Staff recommends that the Board approve participation in the SDIS Longevity Credit and Rate Lock Guarantee program and execute the Agreement. January 27, 2016 Agenda Item 1.2 Page 1 of 1 SUNRISE WATER AUTHORITY Agenda Item 1.3 REGULAR BOARD MEETING January 21, 2016 SUBJECT Adoption of Resolution 2016-01, Authorizing Disposal of Surplus Property BOARD ACTION REQUESTED The Board of Commissioners is requested to adopt Resolution 2016-01 declaring the Ricoh printer as surplus property and authorizing disposal per approved policy. EFFECTIVE DATE January 27, 2016 PRINCIPAL STAFF PERSON Cindy Richards, Administrative Assistant DOCUMENTS ATTACHED Resolution 2016-01 Agenda Summary BACKGROUND In late 2013, the agency purchased a multi-function Konica printer due to the deterioration and ongoing repair demands of the Ricoh multi-function printer that was in use at the time. Staff has continued to use the Ricoh on a limited basis as a “back up”; however, due to the billing system conversion and other factors, it is seldom used but continues to occupy space required for other purposes. ANALYSIS The Ricoh printer is now nearly 10-years-old and is beyond its useful life. The recommendation is to surplus the printer and authorize disposal at the General Manager’s discretion. OPTIONS 1) Adopt Resolution 2016-01 2) Do not adopt Resolution 2016-01 STAFF Adopt Resolution 2016-01, and direct the General Manager to dispose of RECOMMENDATION the Ricoh copier at his discretion. January 27, 2016 Agenda Item 1.3 Page 1 of 2 RESOLUTION 2016-01 A RESOLUTION OF THE SUNRISE WATER AUTHORITY IDENTIFYING SURPLUS PROPERTY NOT PRESENTLY NEEDED FOR PUBLIC USE, AND AUTHORIZING THE DISPOSAL OF THE SURPLUS PROPERTY LISTED BELOW. The Board of Commissioners of the Sunrise Water Authority hereby resolves as follows: Section 1. The Authority owns the following property and said property is not needed for a public use. Ricoh 3260 Multi-Function Printer Section 2. Pursuant to ORS 279.820(a)(d), the General Manager is hereby authorized to dispose of the aforesaid property per appropriate processes identified in the Sunrise Water Authority Disposal of Surplus Property Policy. Resolution moved by . Seconded by . Adopted by the th Board of Commissioners of the Sunrise Water Authority this 27 day of January 2016 by the following vote: Ayes Nays SUNRISE WATER AUTHORITY Ernie Platt, Chair , Secretary January 27, 2016 Agenda Item 1.3 Page 2 of 2 Agenda Item – 2.1 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Financial Statements – December 2015 BOARD ACTION REQUESTED The Board of Commissioners is requested to accept the financial statements as presented. EFFECTIVE DATE January 27, 2016 PRINCIPAL STAFF PERSON Carol Bryck, Chief Financial Officer DOCUMENTS ATTACHED Meters Sold by Month and Size Meter Sales December 2015 Cash Balance Report Bank Reconciliation as of December 31, 2015 LGIP for as of December 31, 2015 Check Report – December 2015 Credit Card Statements – November 30, 2015 Revenue vs Expense by Fund and Acct Type Consumption by Class - pending Summary BACKGROUND The above listed financial statements are presented to the Board each month. We are continuing to find improvements in the format of data presented to the Board in ways that are beneficial to discussions and decision making. I am continuing to work on reporting of Consumption and Revenue by Class to assist with analyzing and following trends in our billing cycles. OPTIONS January 27, 2016 None. Agenda Item 2.1 Page 1 of 13 Meters Sold By Month & Size Fiscal Year 2015-2016 Month Upgrade 5/8" x 3/4" 3/4" 3/4" July August September October November December January February March April May June 40 32 56 27 37 43 - Totals 235 1 2 1 4 - 40 32 56 27 37 43 235 2 3 2 6 January 27, 2016 1 1 1 - - Upgrade 3/4" ERU's/Month 5/8" x 3/4" 3/4" July August September October November December January February March April May June 1" - 3 Upgrade 1-1/2" & 2" 3 3 3 8 Total Gen. Fund 35,480 27,599 43,846 21,707 29,041 25,100 - Total SDC $ $ $ $ $ $ $ $ $ $ $ $ 336,320 303,697 452,256 218,052 331,116 359,382 - Total Dollars $ $ $ $ $ $ $ $ $ $ $ $ 371,800 331,296 496,102 239,759 360,157 384,482 - Last Year Total Meters Diff. 47 34 31 13 13 15 30 11 29 31 14 63 (6) 1 25 14 26 29 (30) (11) (29) (31) (14) (63) (89) - - - 41 35 56 27 39 44 - $ $ $ $ $ $ $ $ $ $ $ $ - - - 242 $ 182,773 $ 2,000,823 $ 2,183,596 331 3" Total ERU's Last Year Total ERU's Diff. +/- Mthly ERU Avg. Total ERU's per Month Avg. UpgradeUpgrade 1" & 1-1/2" & 2" - 3" Total Meters - - - 42 38 56 27 41 46 - 49 34 32 13 17 16 30 11 29 31 15 68 (7) 4 24 14 24 30 23 19 38 8 22 28 19 19 18 19 19 18 19 19 18 19 19 19 - - - 249 344 89 137 225 Agenda Item 2.1 Page 2 of 13 Meter Sales December 2015 Company Happy Valley Station Meter Size Subdivision Happy Valley Mobile Food Units DR Horton Inc Morningside #22-24,72-74,94-96 DR Horton Inc Morningside #22-24,72-74,94-96 Rock Creek Meadows #15-16,23-26 DR Horton Inc DR Horton Inc Taralon Greens #65-70,73-74 DR Horton Inc Taralon Firs #4,6,7,16 I&E Construction Crest View Townhomes #1-6 TA Liesy Construction Volare #99-102 TA Liesy Construction Volare Building #16 Canyon Crest Homes Sunshine Ridge #46 Icon Construction Hidden Falls Phase 2 #65,73 Double Down Develop Inc Kinser Estates #7 Double Down Develop Inc Ashlee Meadows #9,10 1" 5/8" 3/4" 5/8" 5/8" 5/8" 5/8" 5/8" 1" 5/8" 5/8" 5/8" 5/8" Service Type Installation Charge Commercial 0 9 Domestic 6 8 4 6 4 1 2 1 2 $4,500 $2,700 $3,000 $4,000 $1,200 $3,000 $2,800 $500 $700 $1,000 $700 $1,000 Fire Domestic Domestic Domestic Domestic Domestic Fire Domestic Domestic Domestic Domestic SDC Reimb $1,386.00 $8,316 $0 $5,544 $7,392 $3,696 $5,544 $3,696 $0 $924 $1,848 $924 $1,848 SDC Improv Pro-Rate $10,728.00 $64,368 $0 $42,912 $57,216 $28,608 $42,912.00 $28,608.00 $0.00 $7,152.00 $14,304.00 $7,152.00 $14,304.00 Other Total $12,114.00 $77,184.00 $2,700.00 $51,456.00 $68,608.00 $33,504.00 $51,456.00 $35,104.00 $500.00 $8,776.00 $17,152.00 $8,776.00 $17,152.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/8" x 3/4" 3/4" Upgrade 3/4" 1" 1-1/2" Upgrade & 2" 3" January 27, 2016 43 $25,100.00 $41,118.00 $318,264.00 $0.00 $0.00 $384,482.00 1 Agenda Item 2.1 Page 3 of 13 SUNRISE WATER AUTHORITY CASH BALANCES 31-Dec-15 December November October $ 10,156,014.06 9,966,071.69 9,022,863.35 $ 841,689.59 870,685.38 849,122.17 $ 4,652,162.35 4,304,873.28 3,972,146.43 $ 1,609,597.74 1,608,806.64 1,608,105.45 $ 17,467.31 17,467.31 17,467.31 17,276,931.05 16,767,904.30 14,417,653.45 13,910,015.14 2,859,277.60 2,857,889.16 0.00 0.00 15,469,704.71 12,613,045.46 2,856,659.25 0.00 GENERAL FUND --WELLS FARGO CHECKING 9,466,473.49 $ L.G.I.P. 689,540.57 TOTALS RESERVE FUND CHECKING $ 338,008.77 L.G.I.P. $ 503,680.82 TOTALS CONSTRUCTION FUND (SDC's) --1,241,551.16 WELLS FARGO REIMBURSEMENT WELLS FARGO IMPROVEMENT $ 3,348,425.70 LGIP: REIMBURSEMENT $ 33,931.62 LGIP: IMPROVEMENT $ 28,253.87 TOTALS REVENUE BOND DEBT SERVICE RESERVE FUND --CHECKING $ 5,727.02 L.G.I.P. $ 1,603,870.72 TOTALS 172nd ADVANCED FINANCING FUND CHECKING $ 17,467.31 TOTALS TOTAL ALL ACCOUNTS CHECKING RECONCILIATION LGIP RECONCILIATION DIFFERENCE January 27, 2016 $ $ $ $ Agenda Item 2.1 Page 4 of 13 SUNRISE WATER AUTHORITY BANK RECONCILIATION As of December 31, 2015 BEGINNING BALANCE 11/30/15 BALANCE PER BANK - WELLS SDC SAVINGS BALANCE PER BANK - WELLS BALANCE PER BANK - WELLS PR TOTAL 78,081.41 13,518,423.67 13,596,505.08 CASH RECEIPTS 1,471,108.66 137,240.65 1,608,349.31 PLUS DEPOSITS IN TRANSIT From prior month Outstanding end of month Outstanding end of month 231,554.56 123,940.25 (231,554.56) (123,940.25) 26,811.89 LESS OUTSTANDING CHECKS Prior Month Current Month (52,067.76) 52,067.76 OTHER RECONCILING ITEMS PR, Taxes & PERS CASH DISB. 482,031.92 137,240.65 619,272.57 ENDING BALANCE 12/31/15 78,081.41 14,507,500.41 14,585,581.82 26,811.89 206,824.53 (206,824.53) 9,274.76 (9,274.76) (11,100.54) 11,100.54 808.25 (808.25) (983.73) 983.73 ADJUSTED BOOK BALANCE 13,910,015.14 1,321,651.14 814,012.83 14,417,653.45 BALANCE PER GENERAL LEDGER General Fund (01-00-1025-001) General Fund (01-00-1025-002) PR ZBA Reserve Fund (03-00-1025-000) SDC Construction (05-00-1025-000) SDC Reimbursement (05-00-1025-001) SDC Improvement (05-00-1025-002) Revenue Bond Debt Service (07-00-1025-000) 172nd Ave Advanced Financing (08-00-1025-000) BALANCE PER GENERAL LEDGER 9,276,865.53 367,246.42 78,083.33 1,201,819.16 2,962,806.37 5,727.02 17,467.31 13,910,015.14 777,633.63 137,240.65 6,008.74 39,732.00 307,536.00 1,268,151.02 588,025.67 137,240.65 35,246.39 760,512.71 9,466,473.49 338,008.77 78,083.33 1,241,551.16 3,270,342.37 5,727.02 17,467.31 14,417,653.45 Other Reconciling Items January 27, 2016 Agenda Item 2.1 Page 5 of 13 SUNRISE WATER AUTHORITY LOCAL GOVERNMENT INVESTMENT POOL (LGIP) ACCOUNT RECONCILIATION AS OF DECEMBER 30, 2015 FUND BALANCE 10/31/15 TRANSFERS OUT TRANSFERS IN INTEREST EARNED BALANCE 11/30/15 GENERAL G/L # 1-00-1030-000 689,206.16 (10.00) 0.00 344.41 689,540.57 TOTAL LGIP #5133 689,206.16 (10.00) 0.00 344.41 689,540.57 RESERVE G/L #3-00-1030-000 503,438.96 (11.20) 1.47 251.59 503,680.82 TOTAL LGIP # 5422 503,438.96 (11.20) 1.47 251.59 503,680.82 SDC-IMPROVEMENT G/L# 5-00-1030-002 28,244.89 (5.00) 0.00 13.98 28,253.87 SDC REIMBURSEME G/L# 5-00-1030-001 33,919.53 (5.00) 0.00 17.09 33,931.62 TOTAL LGIP #5506 62,164.42 (10.00) 0.00 31.07 62,185.49 REVENUE BOND DEBT SVC RESV G/L # 7-00-1030-000 1,603,079.62 (10.00) 0.00 801.10 1,603,870.72 TOTAL LGIP #5134 1,603,079.62 (10.00) 0.00 801.10 1,603,870.72 TOTAL INVESTED 2,857,889.16 (41.20) 1.47 1,428.17 2,859,277.60 BALANCE OUTPER LGIP STANDING STATEMENT TRANSFER 689,540.57 0.00 503,680.82 0.00 62,185.49 0.00 1,603,870.72 0.00 4 January 27, 2016 Agenda Item 2.1 Page 6 of 13 Accounts Payable Checks by Date - Summary by Check Date User: Printed: cbryck 1/20/2016 10:07 AM Check No 47231 Vendor No 1547 Vendor Name Check Date Check Amount Toyota-Scion of Gladstone 12/17/2015 29,138.27 29,138.27 Total for 12/17/2015: 47232 47233 47234 47235 47236 47237 47238 47239 47240 47241 47242 47243 47244 47245 47246 47247 47248 47249 47250 47251 47252 47253 47254 47255 47256 47257 47258 47259 47260 47261 47262 47263 47264 47265 47266 47267 1016 1017 1045 1611 1079 1082 UB*00221 1110 1104 1122 1126 1127 1139 1679 UB*00228 UB*00222 UB*00226 UB*00225 UB*00218 UB*00231 1099 1354 UB*00227 1271 1698 1103 1290 1647 1296 1699 1327 1335 1348 1350 1355 1371 January 27, 2016 AFLAC Airgas USA, LLC American Water Works Assoc BenefitHelp Solutions Don Calkins Carson Oil Company CHONG CHOI Clackamas Cty-Dept of Finance Clackamas River Water Cobb Graphic Design Comcast Community Newspapers Copytronix (CTX) Creative Financial Staffing LLC TAMISHA DUNN CATHERINE ERICKSON DERRICK L & JAMIE FOXWORTH MARIA FRANCO XIQIANG GUO TRENTON & NICOLE GUTHRIE City of Happy Valley HD Supply Waterworks, Ltd DORI HOPP Iron Mountain Clyde Jensen Connie Johnson Otto Keller Leggett Asphalt Lord & Associates, Inc Mike McCowan Metro Overhead Door, Inc Miller Brothers Auto Parts Inc Multnomah Heating & Cooling Munnell & Sherrill, Inc North Clackamas Cty Water Comm NW Natural Agenda Item 2.1 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 2,324.58 78.44 3,461.00 359.84 44.00 1,139.25 28.50 617.50 68,075.01 377.50 699.33 35.55 344.00 2,240.00 63.95 531.26 20.07 38.27 8.98 5.00 1,515.00 13,972.67 4.67 90.00 341.88 935.00 1,018.02 2,215.50 507.75 79.65 301.00 908.14 1,246.00 264.94 116,018.85 202.95 Page 7 of 13 47268 47269 47270 47271 47272 47273 47274 47275 47276 47277 47278 47279 47280 47281 47282 1383 1386 UB*00229 1432 1440 1587 UB*00230 UB*00223 1492 1538 1556 1571 1671 1593 UB*00224 OHA-Oregon Health Authority Oregon Meter Repair, LLC JOSH PECK Platt Electric Supply PNWS-AWWA Ring Bender McKown & Castillo LLLP JO ROBINSON MARC SHRYER Special Districts Insurance Team Electric Company UniFirst Corporation Vanguard Cleaning Systems Vortex Industries, Inc Water Environment Services PATRICK WEISS Total for 12/18/2015: 47283 47284 1113 1422 120.00 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 12/18/2015 Recording Division Clackamas County Clerk Petty Cash/Christin House 1,321.00 8.40 9.11 270.00 642.50 77.47 75.98 20,995.47 584.00 96.70 191.00 1,595.42 50.00 15.16 246,166.26 221.00 276.14 12/22/2015 12/22/2015 497.14 Total for 12/22/2015: 47285 1633 Michael Veele 757.00 12/29/2015 757.00 Total for 12/29/2015: 47286 47287 47288 47289 47290 47291 47292 47293 47294 47295 47296 47297 47298 47299 47300 47301 47302 47303 47304 47305 47306 47307 47308 1668 1016 1028 1040 1611 1701 1070 1082 1649 1679 1151 1209 1225 1354 1702 1331 1327 1121 1371 1424 1474 1703 1514 January 27, 2016 Accela, Inc. #774375 AFLAC AnswerNet AT&T Mobility BenefitHelp Solutions BioMED Testing Services, Inc Brooks Products Carson Oil Company Clackamas River Water Creative Financial Staffing LLC Designing Stitches General Pacific, Inc Hach Company HD Supply Waterworks, Ltd I & E Construction, Inc. Metereaders, LLC Metro Overhead Door, Inc City of Milwaukie NW Natural PGE Cindy Richards RPS Venture #2, LLC Secretary of State Agenda Item 2.1 7,875.67 14.28 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 558.08 905.37 931.98 29.00 3,930.00 723.68 48,892.89 1,400.00 70.00 3,456.00 742.67 2,109.30 922.87 4,542.89 349.00 2,041.99 1,194.08 24,890.45 100.00 3,621.32 550.00 Page 8 of 13 47309 47310 47311 47312 47313 47314 1491 1492 1539 1577 1593 1599 Special Districts Assoc of Oregon Special Districts Insurance Technocom, Inc Verizon Wireless Water Environment Services Wichita Feed & Hardware Store 2,258.00 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 12/31/2015 76,126.00 546.00 246.04 50.00 6.25 Total for 12/31/2015: Report Total (84 checks): January 27, 2016 Agenda Item 2.1 189,083.81 465,642.48 Page 9 of 13 P-CARD NOVEMBER 2015 - PAID DECEMBER 2015 CARDHOLDER SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY SUNRISE WATER AUTHORITY WADE HATHHORN WADE HATHHORN WADE HATHHORN KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON KIM ANDERSON DAN FRAIJO DAN FRAIJO DAN FRAIJO DAN FRAIJO DAN FRAIJO DAN FRAIJO DAN FRAIJO DAN FRAIJO TIM JANNSEN TIM JANNSEN TIM JANNSEN TIM JANNSEN TIM JANNSEN TIM JANNSEN JASON BAYNE JASON BAYNE JASON BAYNE TRAVIS BRUCE TRAVIS BRUCE TRAVIS BRUCE DON CALKINS DON CALKINS DON CALKINS DON CALKINS DON CALKINS DON CALKINS DON CALKINS TYLER EHREDT TYLER EHREDT TYLER EHREDT TYLER EHREDT TOBY HENDERSON TOBY HENDERSON TOBY HENDERSON PAUL PUUSTINEN PAUL PUUSTINEN PAUL PUUSTINEN PAUL PUUSTINEN CINDY RICHARDS CINDY RICHARDS CINDY RICHARDS CINDY RICHARDS BECKI WITT BECKI WITT BECKI WITT DATE VENDOR 2-Nov-15 GOOGLE SVCSAPPS_SUNRI 5-Nov-15 GOOGLE GOOGLE STORAGE 10-Nov-15 ELECTRONIC DATA SOLUTIO 10-Nov-15 ELECTRONIC DATA SOLUTIO 14-Nov-15 BACKUPIFY 16-Nov-15 SUNSET GARBAGE COLLECTION 18-Nov-15 COMCAST CABLE COMM 18-Nov-15 COMCAST CABLE COMM 18-Nov-15 COMCAST CABLE COMM 28-Nov-15 HTTP://WEBEX.COM 25-Nov-15 SUNRIVER RESORT LODGE 25-Nov-15 SUNRIVER RESORT LODGE 25-Nov-15 SUNRIVER RESORT LODGE 16-Nov-15 BROWN AND CALDWELL 16-Nov-15 LINKEDIN.COM 16-Nov-15 PAYPAL PACIFICNORT 16-Nov-15 PAYPAL PACIFICNORT 16-Nov-15 PAYPAL PACIFICNORT 16-Nov-15 OREGON LIVE LLC 18-Nov-15 INDEED 17-Nov-15 OREGON LIVE LLC 18-Nov-15 CONSERVATION MART 19-Nov-15 OMFOA 20-Nov-15 OREGON LIVE LLC 27-Nov-15 BI-MART 30-Oct-15 HAPPY VALLEY ACE HDWR 30-Oct-15 HAPPY VALLEY ACE HDWR 2-Nov-15 HAPPY VALLEY ACE HDWR 2-Nov-15 HAPPY VALLEY ACE HDWR 3-Nov-15 CLACKAMAS FEED & PET SPL 4-Nov-15 HAPPY VALLEY ACE HDWR 12-Nov-15 WATER-WASTEWATER 24-Nov-15 OREGON ASSOC OF WATER UTI 11-Nov-15 WENDY'S #11364 CASCADE ST 13-Nov-15 SUBWAY 00293423 13-Nov-15 KIT CARSON RESTAURANT 13-Nov-15 ARCO#07006 14-Nov-15 RENAISSANCE 18-Nov-15 OLIVE GARDEN 00011585 9-Nov-15 TALBERT HARDWARE INC 23-Nov-15 HARBOR FREIGHT TOOLS 243 25-Nov-15 MILWAUKIE TIRE & AUTOM 10-Nov-15 THE HOME DEPOT 4040 17-Nov-15 HAPPY VALLEY ACE HDWR 29-Nov-15 HAPPY VALLEY ACE HDWR 3-Nov-15 AMAZON MKTPLACE PMTS 5-Nov-15 AMAZON.COM AMZN.COM/BILL 5-Nov-15 AMAZON.COM 10-Nov-15 POSTAL ANNEX 10-Nov-15 ELECTRONIC DATA SOLUTIO 16-Nov-15 WATER-WASTEWATER 19-Nov-15 BI-MART 10-Nov-15 APL ITUNES.COM/BILL 12-Nov-15 AMAZON DIGITAL SVCS 866-2 12-Nov-15 THE HOME DEPOT 4040 17-Nov-15 APL ITUNES.COM/BILL 5-Nov-15 HOMETOWN HEARTH & GR 5-Nov-15 THE HOME DEPOT 4040 24-Nov-15 ELMERS FLAG AND BANNER LL 9-Nov-15 THE HOME DEPOT 4040 20-Nov-15 HAPPY VALLEY ACE HDWR 20-Nov-15 HAPPY VALLEY ACE HDWR 20-Nov-15 TALBERT HARDWARE INC 18-Nov-15 SAFEWAY STORE00012310 19-Nov-15 FRED-MEYER #0240 24-Nov-15 FRED-MEYER #0153 25-Nov-15 AMAZON.COM 10-Nov-15 TACO BELL #27516 19-Nov-15 HAPPY VALLEY ACE HDWR 25-Nov-15 HAPPY VALLEY ACE HDWR DESCRIPTION Google e-mail account Google Storage Terrasync/Pathfinder Office Class - T Ehredt Terrasync/Pathfinder Office Class - D Calkins Monthly online e-mail back-up Bi-Monthly garbage service Office Cable Office DSL Office Phones Web Conferencing - monthly service Lodging for Board - SDAO Lodging for Board - SDAO Lodging for Board - SDAO Engineering Services Employment Ad Employment Ad Employment Ad Employment Ad Employment Ad Employment Ad Employment Ad Toilet Leak Detection Dye Tablets Employment Ad Employment Ad Misc Supplies Paint Supplies - Hydrant Maint Paint Supplies - Hydrant Maint Paint Supplies - Hydrant Maint Paint supplies - Hydrant Maint Straw for erosion control on scott crk main break - System Maint Paint Supplies - Hydrant Maint Distribution Cert Exam Fee for Dan - Training Confined space / competent person updates Paul - Training Dinner while travelling to Project Mgmt Training Dinner while in Seattle at Project Mgmt Training Dinner while travelling from Project Mgmt Training Gas while travelling from Project Mgmt Training Hotel costs while in Seattle at Project Mgmt Training Dinner for the 11/18/15 Board Meeting concrete ready mix for meter repair list - Meter Maint decal tools for removing sunrise logos - Shop supplies New studded tires and balanced. for 493 beckys truck - Fleet Maint Light bulbs for shop - Facility Maint Zip ties for new radio install - Shop Supplies Supplies for truck - Shop Supplies Returned - truck organizer too small truck organizer - Shop Supplies Seat Covers - Fleet Maint GPS Shipping w/insurance - Engineering Supplies GPS rental - Engineering Supplies Water dist test app - Training CL2 granules for new construction - Shop Supplies Apple Itunes, app for field staff iPads. Microsoft Home and Business Word, Excel... - New Hire Computer Replacement toilet parts for main office bathroom. Microsoft Office 365 - Monthly Renewal - Used for field iPads. Propane hose for tanks for heating pump stations and wells. Insulation for Pump Stations to prevent freezing... New U.S. Flag for Office PS 7 project - Shop Supplies water line for toilet in office - Facility Maint shop supplies/ equ anti frz - Shop Supplies shop supplies/ equ anti frz - Shop Supplies Board Meeting Cookies Staff meeting birthday cakes gift cards for staff thanksgiving 2 label makers and labels for cindy and jennifer Main Break -crew meals - Misc Locate flags - Shop Supplies Torch - Shop Supplies CARD AMOUNT TOTAL 175.65 1.99 835.00 835.00 36.00 249.94 252.94 255.70 886.27 58.00 3,586.49 169.00 169.00 169.00 507.00 200.00 299.00 90.00 90.00 (90.00) 175.00 26.28 175.00 400.69 75.00 175.00 64.99 1,680.96 21.98 5.28 28.82 4.79 9.99 15.06 95.00 150.00 330.92 3.96 12.88 16.26 10.02 537.86 183.95 764.93 23.78 6.99 446.02 476.79 7.97 9.29 19.77 37.03 (18.02) 34.08 165.41 136.00 388.63 95.00 12.97 814.07 6.99 124.99 10.87 6.99 149.84 22.99 22.32 56.90 102.21 53.84 7.99 9.98 15.96 87.77 11.98 19.98 425.00 155.14 612.10 44.73 9.99 18.99 73.71 9,223.82 January 27, 2016 Agenda Item 2.1 9,223.82 Page 10 of 13 Agenda Item – 2.2 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Acceptance of FY 2014-15 Audit BOARD ACTION REQUESTED The Board of Commissioners is requested to accept the Comprehensive Annual Financial Report (CAFR), the required communication letter to the Board, the management comment memo and the Independent Accountant’s Report on the Agreed-upon Procedures. EFFECTIVE DATE N/A PRINCIPAL STAFF PERSON Carol Bryck, Chief Financial Officer DOCUMENTS ATTACHED None. Summary BACKGROUND Sunrise Water is required by law to conduct an annual audit. Sunrise has chosen to engage Merina & Company, LLP to perform this task. ANALYSIS The Comprehensive Annual Financial Report (CAFR) has been prepared by Staff and audited by Merina & Company, LLP, and should be available by the meeting (January 27, 2016). The CAFR is a more comprehensive financial report than the standard audit Sunrise is required to complete. The report is organized into four sections: 1. Introductory Section includes the transmittal letter and other relevant organizational information to give users of the financial report a broader understanding of Sunrise. 2. Financial Section contains the independent auditor’s report, Management’s Discussion and Analysis (MD&A), the basic financial statements, notes and supplementary information. 3. Statistical Section contains tables that depict the financial history of Sunrise for the past ten years and the economic and demographic information of the area. 4. Compliance Report Section contains audit comments and January 27, 2016 Agenda Item 2.2 Page 1 of 2 disclosures required by State regulations. The audit opinion is unqualified and states, “In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Authority, as of June 30, 2015 and June 30, 2014, and the respective changes in financial position and cash flows thereof for the years then ended in conformity with accounting principles generally accepted in the United States of America.” OPTIONS STAFF RECOMMENDATION January 27, 2016 None Accept the Comprehensive Annual Financial Report (CAFR), the required communication letter to the Board, the management comment memo and the Independent Accountant’s Report on the Agreed-upon Procedures. Agenda Item 2.2 Page 2 of 2 Agenda Item – 2.3 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT FY 2016-17 Budget Calendar and Budget Officer Appointment BOARD ACTION REQUESTED The Board of Commissioners is requested to approve the budget schedule as outlined and appoint Carol Bryck, CFO as the budget officer. EFFECTIVE DATE January 27, 2016 PRINCIPAL STAFF PERSON Wade Hathhorn, General Manager DOCUMENTS ATTACHED Proposed Budget Calendar Summary ANALYSIS In preparation for the FY 2016-17 budget planning process, the Board needs to approve a budget schedule and appoint a budget officer. Staff offers the attached schedule for consideration by the Board. The first step in the budget process is to appoint a budget officer to manage the process. Historically Sunrise’s Finance Director/Chief Financial Officer (CFO) has served as the budget officer. Staff proposes that the Board appoint Carol Bryck, CFO, as the budget officer. OPTIONS 1. Approve the budget planning schedule as outlined and appoint Carol Bryck as the budget officer; or 2. Do not approve the budget schedule as outlined; do not appoint Carol Bryck as the budget officer. STAFF RECOMMENDATION Approve the budget planning schedule as outlined and appoint Carol Bryck as the budget officer. Proposed Budget Calendar FY 2016-2017 Budget review and adoption schedule: Budget Committee includes Board of Commissioners *January 27, 2016 (Regular Board Meeting) Board appoints Budget Officer Schedule date for Budget Committee meeting(s) (by motion) *February 24, 2016 (Regular Board Meeting) Board appoints Budget Committee citizen members (by resolution) April 13, 2016 (Publish notice not more than 30 days and not less than 10 days before meeting) Publish Notice of Budget Committee Meeting April 20, 2016 Distribution of Proposed Budget to Budget Committee members, copies available for public (Proposed budget can be provided the night of the meeting) *April 27, 2016 (Only one is required – all meetings must be noticed) Budget Committee meeting – Receive the budget message, Approve budget or schedule additional meetings if necessary *May 4 and 11, 2016 – (Tentative) (Publish notice not less than 24 hours before meeting) Budget Committee meeting(s) – Discuss, Approve budget or schedule additional meetings May 13, 2016 (publish notice 5 to 30 days before hearing) Publish Notice of Budget Hearing and Budget Summary *May 25, 2016 (Regular Board Meeting) Budget Hearing for FY 2016-2017 Adopt Budget for FY 2016-2017 by Resolution July 15, 2016 Submit Adopted Budget document to State and other agencies *meeting of the Board of Commissioners or Budget Committee Agenda Item 2.4 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Land Lease Renewal with Pacificorp BOARD ACTION REQUESTED The Board of Commissioners is requested to approve the land lease with Pacificorp EFFECTIVE DATE February 1, 2016 PRINCIPAL STAFF PERSON Kim Anderson, Government Relations Manager DOCUMENTS ATTACHED Proposed Lease Agreement with Pacificorp Summary BACKGROUND Sunrise owns property atop Mt. Scott that is used (under lease) by a number of cell tower and radio communication providers, including Pacificorp (operational communications). The existing land lease with Pacificorp has expired and continued on a month to month rental basis. In 2012, Sunrise paid for consulting assistance to review our existing leases and provide future guidance. In that review, it was established that the existing Pacificorp lease forms and agreements were insufficient both in detail and dollar amount, requiring updating at the next renewal period. Accordingly, staff engaged in renegotiating the lease amount and terms in order to upgrade the deal to industry standards. The revised (new) lease arrangement has been reviewed by our legal counsel and is attached. ANALYSIS Highlights and changes in the new lease arrangement include: • Monthly lease rate increase from $1,472.51 to $2,250 • Updates the mechanism for calculating rate escalation. • Raises the level of liability insurance that must be carried by tenant. • Updates language related to the type of equipment that is permitted to reflect current technology. • Eliminates revenue sharing for this facility, which we never had the capacity or knowledge to track or monitor. • Incorporates language permitting Sunrise to validate market rates, and potentially renegotiate, at each renewal period. • Adds a cost recovery mechanism for Sunrise in the event the tenant proposes changes at the site that require staff time for January 27, 2016 Agenda Item 2.4 Page 1 of 2 • • review. Substantially changes provisions related to tenant liability for removal of equipment from the premises in the event of termination or breach. The tenant was required to provide an accurate legal description and survey of the actual leased premises for our records. OPTIONS The Board of Commissioners may elect to: Approve the proposed Lease Agreement. Direct staff to continue negotiations on the lease under amended terms. Not approve the lease and direct staff to begin termination of tenancy. STAFF RECOMMENDATION Approve the proposed Lease Agreement with Pacificorp and authorize the General Manager to sign the Agreement. January 27, 2016 Agenda Item 2.4 Page 2 of 2 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ("Lease") is entered into this _____ day of February 1, 2016 (the “Effective Date”) by and between Sunrise Water Authority, a municipal corporation of the State of Oregon ("Sunrise") and PacifiCorp, an Oregon corporation ("Tenant"). RECITALS A. Sunrise owns certain real property, more particularly described in the attached Exhibit A, all of which are located on Tax Lot 100, located in the NW 1/4 S27, T1S, R2E, also known as the Reservoir 1 Property (the “Property”). Tenant leases from Sunrise that portion of the Property comprising approximately 1834 square feet, together with existing non-exclusive utility easements (together, the “Premises”) which is legally described in Exhibit B attached hereto. B. Tenant is in possession of the Premises pursuant to that certain Lease Agreement dated April 1, 2004, as amended or extended (the “Prior Lease”), which expired March 31, 2014. This Lease replaces and supersedes the Prior Lease with respect to the same Premises and Communication Facilities (as defined herein). C. Sunrise and Tenant now desire to enter into this Lease to provide for Tenant’s use of the Premises on the terms and conditions herein. AGREEMENT Now, for consideration herein acknowledged, the parties agree as follows: 1. Lease of Premises; Approvals. (a) Sunrise agrees to lease the Premises to Tenant and Tenant agrees to lease the Premises from Sunrise on the terms and conditions set forth herein. (b) Sunrise agrees to reasonably cooperate with Tenant in obtaining, at Tenant's sole expense, all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ("FCC") (the "Governmental Approvals"), and Tenant shall not commit the Premises to any obligation, financial or otherwise, without Sunrise’s prior written consent, which Sunrise may condition on additional security. 2. Term. The initial term of the Lease (the “Initial Term”) shall be five (5) years commencing on February 1, 2016, and terminating at midnight on January 31, 2021, subject to Tenant’s right to renew as provided in Section 6 below. 3. Permitted Use. The Premises may be used by Tenant for the operation, maintenance, repair, removal or replacement of Tenant’s telecommunication facilities, (including but not limited to fiber optic, lease lines, antennas, microwave dishes, global positioning system antennas, wood pole, equipment shelters and/or cabinets) and related equipment described in the attached Exhibit C (together, the “Communication Facilities”), so long as Tenant’s use complies with all applicable governmental laws, ordinances, rules and regulations. Any use of the Premises, other than the use herein described, must be approved in writing by Sunrise. Tenant shall not add any additional Communication Facilities except as specifically set forth in Exhibit C without Sunrise’s prior written consent, which shall not be 1 unreasonably withheld or conditioned. In no event shall Tenant expand its current use of the Premises in any manner that would interfere with the use of the Property by Sunrise’s other tenants or by Sunrise. 4. Rent. (a) Base Rent. Commencing February 1, 2014 (“the Commencement Date”), Tenant shall pay Sunrise base rent (“Base Rent”) in the amount of $2,250 per month. Base Rent shall be payable on the first day of each month at the address specified in Section 13 below. Base Rent shall increase annually, on the first anniversary of the Commencement Date and each year thereafter, by an amount that is the greater of three percent (3%) of the base rent provided in the then concluding year of the Lease or by a percentage equal to the unadjusted consumer price index for the preceding 12 months as published by the United States Bureau of Labor (the “Adjustment”). The consumer price index refers to the consumer price index for All Urban Consumers (CPI-U), U.S. City Average All Items Index 19821984=100. The parties shall use the January index for the base and comparison month. By way of example, the increase, if any, in the rent coming due under the Lease in February 1, 2017 shall be based on the percentage change between January 2016 and January 2017. (b) Additional Rent. Tenant shall pay as “Additional Rent” all other amounts due under this Lease, including but not limited to its proportionate share of real property taxes, its personal property taxes, and utility services. Road and site maintenance fees of $100.00 per month are included within the Base Rent rate. Base Rent and Additional Rent shall be collectively referred to herein as “Rent.” (c) Late Charges/Interest. In the event Tenant fails to pay a Rent payment within fifteen (15) days of such due date, upon written notice to Tenant, Sunrise shall have the right to assess Tenant a late charge in the amount of $200. In the event Tenant fails to pay any amount due under this Lease after thirty (30) days’ prior written notice, such amount shall bear interest at the rate of 12% APR until paid. 6. Renewal. (a) Tenant shall have the option to renew the term of the Lease for four (4) additional five (5) year terms (each, a "Renewal Term") so long as Tenant is not in breach of its obligations under this Lease beyond any cure period set forth herein. Tenant shall give Sunrise not less than ninety (90) days’ prior written notice of Tenant’s election to exercise such Renewal Term(s) as set forth herein. Prior to initiation of each Renewal Term Sunrise shall have the option to review similar leases to assess if the base rent is comparable to market levels. Sunrise will notify tenant of the intent to renegotiate the base rent at renewal within 180 days prior to the expiration of the lease term. If Sunrise does not notify Tenant of the intent to negotiate an adjustment in base rent within 180 days prior to the Renewal Term the same terms and conditions as set forth herein shall apply to the Renewal Term, including the annual Adjustment increase, such that the Base Rent for the first year of the Renewal Term shall be the Base Rent for the previous year plus the Adjustment. (b) If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement executed by Sunrise and Tenant, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease, except that the Base Rent shall be double the then effective Base Rent for the period that the Tenant remains in possession without a Lease, which shall in no case exceed 90 days. If a lease between the parties cannot be negotiated within 90 days, Tenant will vacate the premises as called for under Section 9 of this Lease. 7. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Sunrise, or tenants or licensees of Sunrise, with rights in the Property. Tenant shall promptly cure any interference within five (5) business days of written notice by Sunrise. Such interference shall be deemed a material breach of this Lease if not cured within five (5) business days of 2 notice. In the event any of Sunrise’s other tenants interfere with Tenant’s operations, Sunrise shall use its best efforts to eliminate such interference in a reasonable amount of time. Sunrise may impose reasonable rules and regulations for use of the Property so long as such rules and regulations do not substantially impair Tenant’s rights hereunder. Tenant agrees to indemnify, defend and hold Sunrise harmless from any liability resulting from Tenant’s interference unless caused by Sunrise’s negligence or willful misconduct. Sunrise will require substantially similar interference language as outlined in this paragraph in all future lease or tenant agreements related to the Property. 8. Replacements; Upgrades; Utilities; Maintenance. (a) Tenant shall have the right to perform routine maintenance, repairs or replacements to the Communication Facilities at any time during the term of this Lease as long as such replacement does not alter the location and/or configuration of the existing Communication Facilities. Tenant may upgrade the Communication Facilities only with the written approval by Sunrise, which shall not be unreasonably withheld or conditioned. Prior to replacing or upgrading any Communication Facilities, Tenant shall submit to Sunrise for Sunrise’s approval all plans and equipment specifications together with a nonrefundable payment to Sunrise in the amount of Five Hundred and 00/100 Dollars ($500.00). Tenant will obtain all permits and other governmental approvals required prior to replacement. All replacements/upgrades will comply with all applicable governmental laws, ordinances, rules and regulations and will not interfere with other occupants of the Property. Tenant will be solely responsible for all safety conditions in connection with the maintenance, replacement and/or upgrade of the Communication Facilities. Except in the case of routine maintenance, or emergency repairs, Tenant shall provide Sunrise fifteen (15) days’ notice prior to commencing any construction. All contractors must be licensed in Oregon. In the event an emergency situation which poses an immediate threat of substantial harm or damage to persons, the Premises, Property, or operation of Tenant’s telecommunications equipment, Tenant may take necessary actions to protect the persons or personal property from the immediate threat; provided after the emergency and in no event later than twenty-four (24) hours, Tenant shall contact Sunrise by telephone and written notice of such emergency situation. The Communication Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Communication Facilities at any time during the term, or upon termination, of this Lease. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree, Tenant shall have the right to replace, add, or upgrade its fiber optic, lease lines, antennas, microwave dishes, global positioning system antennas, cabinets and related equipment. (b) Tenant shall, at Tenant's expense, keep and maintain the Communication Facilities now or hereafter located on the Property in compliance with all applicable governmental laws, ordinances, rules and regulations and in commercially reasonable condition and repair during the term of this Lease, reasonable wear and tear excepted. (c) Upon written approval by Sunrise, Tenant may install utilities, at Tenant's expense, and improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators) reasonably necessary to provide service to the Communication Facilities. Sunrise agrees to use reasonable efforts to assist Tenant to acquire such utility service. Tenant shall install separate meters for utilities used on the Premises. Sunrise will not be responsible for any interruption in utility service. 9. follows: Termination. Except as otherwise provided herein, this Lease may be terminated as (a) upon thirty (30) days’ written notice by Sunrise if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty (30) day period; (b) upon thirty (30) days’ written notice by either party if the other party commits a non-monetary default and fails to cure or commence a cure of such default within that thirty (30)-day 3 period and diligently pursues such cure, or such longer period as may be reasonably required to diligently complete a cure commenced within that thirty (30)-day period; (c) at the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property, unless Sunrise and Tenant agree in writing to continue the Lease. Sunrise and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation, or (d) by Tenant, upon thirty (30) days’ written notice by Tenant for any reason and payment of a termination fee to Sunrise equal to twelve (12) months of Base Rent. In the event that this Lease is terminated pursuant to subsections (a) or (b) above, Sunrise shall retain all rights and remedies at law and in equity, including but not limited to recovery of the Premises. In the event that the Lease is terminated pursuant to subsections (c) or (d), Sunrise shall have no further obligations to Tenant. Within thirty (30) days of termination or expiration of the Lease for any reason, Tenant shall remove any improvements it has placed on the Property and surrender the Premises in a good condition, reasonable wear and tear excepted. If Tenant fails to remove such property within thirty (30) days, all such property shall be deemed abandoned by Tenant, and Sunrise shall have the option, but not the obligation, to remove and dispose of all remaining property, at Tenant’s expense. In no event shall either party be liable for consequential damages, except to the extent that Sunrise is liable to its other Tenants as a result of Tenant’s breach of Tenant’s obligations under this Lease. 10. Taxes. Tenant shall pay when due any personal property taxes assessed on, or any portion of such taxes directly attributable to, the Communication Facilities. Tenant shall be responsible for and immediately pay any real property taxes or other fees and assessments (or Tenant’s prorata portion thereof as reasonably determined by Sunrise) assessed to the Property. 11. Insurance and Subrogation. (a) Tenant shall provide Commercial General Liability Insurance with a limit of Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000.00) per occurrence and in the aggregate, written on ISO form CG 00 01 12 04 or its equivalent with an insurer rated A- VII or higher by A.M. Best, with Sunrise designated as an additional insured. Certificates evidencing such insurance and bearing endorsements (when available) confirming the additional insured and cancellation provisions shall be furnished to Sunrise upon execution of this Lease. Sunrise may, in its reasonable discretion, but no more often than every third year throughout the term of this Lease, require Tenant to increase the limit of Commercial General Liability as is customary in the industry. Tenant may satisfy this requirement by obtaining the appropriate endorsement to its liability policy. Tenant may meet the above insurance requirements through a program of insurance and/or self-insurance covering general liability and property insurance for its Communication Facilities. Tenant shall provide a certificate of self-insurance as confirmation of its insuring arrangement. Sunrise shall have the right to charge Tenant its proportionate share of any costs of other general liability insurance on the Property, which Sunrise shall have the right, but not the obligation, to maintain and such expense, if any shall be included in Additional Rent as set forth in Section 4(b) above. (b) Except in the event of routine maintenance or repairs, or in the event of an emergency as set forth in Section 8 above, all contractors of Tenant shall provide Sunrise with certificates of insurance naming Sunrise as an additional insured not less than 15 days prior to commencing work on the leased premises. 4 Sunrise and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12. Hold Harmless. Tenant hereby agrees to indemnify, defend and hold Sunrise and its agents, contractors, employees, officers, and directors, harmless from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees and disbursements, arising out of or resulting from any claim, action or other proceeding (including without limitation any proceeding by any of Tenant’s past or present employees, agents or contractors) in anyway related to Tenant’s activities and/or use of the Property, including but not limited to the installation, presence, operation, maintenance or removal of equipment and/or Tenant’s employees, agents, contractors, representatives or affiliates on the Property, unless caused by Sunrise’s negligence or willful misconduct. This Section 12 shall survive the termination or expiration of this Lease. 13. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or sent by for nextbusiness-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: If to Sunrise, to: PacifiCorp 825 NE Multnomah Suite 1700 Portland, OR 97232 Sunrise Water Authority 10602 SE 129th Ave. Happy Valley, OR 97086 Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other. 14. AS-IS. Tenant covenants and warrants that it accepts the Premises “AS-IS,” with all faults and conditions, known or unknown. 15. Environmental Laws. Tenant shall not introduce or use any substance, chemical or waste on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (collectively "Hazardous Substance") on the Property except that Tenant may use substances customarily used in communication operations so long as Tenant uses such Hazardous Substance in accordance with all applicable laws and stored in quantities no greater than required for typical communications operations. Tenant agrees to defend, indemnify and hold harmless Sunrise from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, “Claims”) including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that Sunrise may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, “Actions”), that relate to or arise solely from activities by Tenant, its agents, contractors, employees, officers, and directors on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 15 shall survive the termination or expiration of this Lease. 16. Assignment and Subleasing. Tenant may not assign this Lease or sublease the Premises without Sunrise’s prior written consent, which Sunrise may withhold in its sole and absolute discretion; provided, however, that Tenant may assign its interest to any lender in connection with a financing 5 agreement, its parent company, any subsidiary or affiliate of it or its parent company or to any successorin-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets. There shall be added to the base rental amount referenced in Section 4a above, an amount equivalent to 20% of the lease fee charged to any subtenants for use of the leased premises or structures located on the leased premises. 17. Successors and Assigns. Except as provided in Section 16, this Lease shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 18. Miscellaneous. (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. In addition, in the event that Tenant fails to pay any amounts due or otherwise breaches its obligations under this Lease, Tenant shall be responsible for and pay Sunrise’s costs in connection with collecting such payments or pursuing cure of such default, including but not limited to Sunrise’s reasonable attorney’s fees, regardless of whether or not legal proceedings are instituted. Sunrise further reserves the right to charge Tenant an amount not to exceed $1,000.00 for its costs to review any Lease amendments or modifications proposed by Tenant, including but not limited to Sunrise’s reasonable attorney’s fees, provided in no event shall Tenant’s exercise of a Renewal Term as set forth herein be construed as a Lease amendment or modification proposed by Tenant. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information about the Lease as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (d) This Lease shall be construed in accordance with the laws of the state of Oregon. (e) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. (f) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (g) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. In no event shall this Lease or any memorandum thereof be recorded in the deed records. (h) All Exhibits referred herein are incorporated herein for all purposes. (i) All of Tenant’s obligations under the Lease accruing before termination survive termination. All indemnification obligations and obligations to remove any improvements and restore the property shall also survive termination. (j) In no event shall Sunrise’s liability to Tenant exceed Sunrise’s equity in the Property. 6 (k) Jury Waiver. To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this agreement. Each party further waives any right to consolidate, or to request the consolidation of, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. Agreed and executed as of the Effective Date by: SUNRISE: TENANT: By: _____________________________ Name: ___________________ Title: _____________________ By: _____________________________ Name: ___________________ Title: _____________________ 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A tract of land 150 feet from the North to South and 190.4 feet from East to West, lying in the Northwest ¼ Sec. 27 T. 1S. R.2 E W.M. County of Clackamas, State of Oregon, more particularly described as follows: Beginning at a pipe in a concrete monument marking the southeast corner of said quarter section thence westerly along its southerly line a distance of 535.75 feet; thence northerly parallel with the easterly line of said quarter section a distance of 177.85 feet to the true point of beginning. Thence continuing in the last described course a distance of 150 feet; thence westerly, parallel with the southerly line of said quarter section a distance of 190.4 feet; thence southerly parallel with the easterly line of said quarter section a distance of 150 feet; thence easterly parallel with its southerly line a distance of 190.4 feet to the true point of beginning, containing 0.656 acres more or less. 8 EXHIBIT B LEGAL DESCRIPTION OF PREMISES A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, CLACKAMAS COUNTY, OREGON, AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO MT. SCOTT WATER DISTRICT PER DEED BOOK 330, PAGE 482, CLACKAMAS COUNTY DEED RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8” IRON ROD WITH YELLOW PLASTIC CAP MARKED “DEA, INC.” MARKING AN ANGLE POINT ON THE SOUTHERLY LINE OF TRACT “7C”, PLAT OF “ALTAMONT NO.7” BEING THE INITIAL POINT OF SAID PLAT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 330, PAGE 482, SOUTH 00º48’45” WEST, 80.36 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89º58’12” EAST, 15.42 FEET; THENCE NORTH 00º08’37” WEST, 51.37 FEET; THENCE NORTH 84º33’15” EAST, 22.57 FEET; THENCE NORTH 04º43’34” WEST, 29.87 FEET; THENCE SOUTH 85º06’05” WEST, 34.28 FEET TO THE POINT OF BEGINNING. CONTAINS 1,834 SQUARE FEET OR 0.042 ACRES, MORE OR LESS. THE ATTACHED EXHIBIT “B-2” ENTITLED “PACIFICORP MT. SCOTT” IS MADE A PART HEREOF. 9 EXHIBIT B-2 SURVEY OF PREMISES B-2 10 EXHIBIT C COMMUNICATION FACILITIES Tenant has previously constructed the following, shown on Exhibit B-2: • • • • • • • Existing Shelter with Steel Support Column Existing Building Wood Pole Fence around Premises Gate to Premises Propane Tank Utility lines and ancillary equipment Tenant has located the following antennas on the neighboring Tri-Met tower, pursuant to a lease with TriMet. Tenant may at any time relocate said antennas and supporting ancillary equipment to the Premises: • • • 2 VHF omni antennas 1 UHF omni antenna 6 microwave dishes 11 Agenda Item – 2.5 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Amendment to ODOT Reciprocal Lease BOARD ACTION REQUESTED The Board of Commissioners is requested to approve the amendments to the reciprocal lease with Oregon Department of Transportation EFFECTIVE DATE February 1, 2016 PRINCIPAL STAFF PERSON Kim Anderson, Government Relations Manager DOCUMENTS ATTACHED Proposed Amendment to Reciprocal Lease Summary BACKGROUND The Oregon Department of Transportation (ODOT) has facilities and (communication) equipment placed atop Mt. Scott on their own land. The ODOT property however, is subject to access via Sunrise-owned land under an existing reciprocal easement agreement. In turn, our Elevated Tank is located on their (ODOT) property and accessed via that same reciprocal agreement. It has been a mutually beneficial relationship for a substantial number of years. ODOT recently engaged in a process similar to ours, assessing their communication site leases and associated access issues and updating their documentation where possible. In response, ODOT has issued an amended agreement and seeks Sunrise’s approval. ANALYSIS The proposed amendment to the reciprocal lease does not differ dramatically in effect from the previous version, primarily cleaning up outdated terminology and clarifying certain provisions. The significant changes include: • Removal of conditions and terms for the temporary construction easement. The need for it has passed and expired. • Addition of a provision for a right to cure for any breach • The elimination of the option for Sunrise to permit location of telecommunications equipment on the elevated tank, except that which is already in place. In conversation with ODOT staff, the intent of the amendment is essentially to preserve the current status between the two entities. Should Sunrise choose to lease space on the elevated tank for the location of January 27, 2016 Agenda Item 2.5 Page 1 of 2 telecommunications equipment as a source of revenue, ODOT would seek to develop a separate land use lease with Sunrise unique to that type of use. Due to the need to detune the tank in order to maintain consistent communication with our own facilities, the probability of Sunrise permitting placement of telecommunications equipment on the structure is extremely remote. The existing reciprocal easement runs in perpetuity. Staff recommends that the Board approve the Amendment to the Reciprocal Easement with Oregon Department of Transportation. There is minimal value to the agency in preserving the right to place telecommunications equipment on the elevated tank (an extremely improbable event) in comparison to maintaining a relationship based on cooperation and goodwill that Sunrise currently enjoys with ODOT. OPTIONS The Board of Commissioners may elect to: Not approve the Amendment to the Reciprocal Easement Direct staff to negotiate changes to the proposed Amendments Approve the Amendment to the Reciprocal Easement STAFF RECOMMENDATION Approve the Amendment to the Reciprocal Agreement and authorize the General Manager to sign the document. January 27, 2016 Agenda Item 2.5 Page 2 of 2 AFTER RECORDING RETURN TO: AMENDMENT TO RECIPROCAL EASEMENT THIS AMENDMENT TO RECIPROCAL EASEMENT (this “Amendment”) is executed as of the ___ day of November, 2015, by the State of Oregon, by and through its Department of Transportation (“ODOT”) and Sunrise Water Authority, a municipal corporation, formerly known as Mt. Scott Water District (“Sunrise”). ODOT and Sunrise are each a “Party” and together the “Parties.” RECITALS A. This Amendment amends that certain “Reciprocal Easement” between ODOT and Sunrise for the same real property described herein, recorded on June 22, 2006 as Document Number 2006-057118 in the records of Clackamas County, Oregon (the “Original Easement”). B. The Parties have entered into this Amendment in order to amend and clarify the Parties’ rights and obligations under the Original Easement. The Original Easement, as amended by this Amendment, is the “Easement.” C. The Easement relates to the following parcels of real property in Clackamas County, Oregon, in Section 27, Township 1 South, Range 2 East, Willamette Meridian: (1) ODOT’s real property, located on the southerly slope of Mt. Scott and designated as Tax Lots 200, 201, 202 and 203, as shown on the Site Map attached as Exhibit A and described on Exhibit B (the “ODOT Property”). (2) Sunrise’s Property, which is adjacent to the ODOT Property and designated as Tax Lot 100, as shown on Exhibit A and described on Exhibit C (the “Sunrise Property”). Two tank towers are located on the Sunrise Property, as shown on Exhibit A. D. Pursuant to its rights under a temporary construction easement under the Original Easement, Sunrise constructed on a certain portion of the ODOT Property (the “Tank Area”) an elevated steel water storage tank and an associated emergency generator, package pump station and building, underground piping, utility conduits, communication equipment and other related appurtenances (collectively the “Tank”), to provide water pressure to homes in the Mt. Scott vicinity. The Tank Area is approximately 70 feet by 110 feet (7,700 square feet) and is shown on Exhibit A. The temporary construction easement under the Original Easement has expired. Amendment to Reciprocal Easement – Page 1 E. A road is located on the Sunrise Property (the “Road Area”), and a gate (the “Gate”) is located on the Road Area, both as shown on Exhibit A. AGREEMENTS ODOT and Sunrise hereby agree to amend the Original Easement as follows: 1. Tank Easement. (a) Grant of Easement. Pursuant to the Original Easement and this Amendment, ODOT has granted and hereby grants to Sunrise and to its guests, lessees, invitees and licensees, a permanent, nonexclusive easement in gross on, over and under the Tank Area, for the purpose of accessing and maintaining the Tank, at the same level of use that exists as of the date of this Amendment (the “Tank Easement”). (b) Easement in Gross. The Tank Easement runs with and is a burden upon the ODOT Property, but is personal to Sunrise and is not intended to run with or benefit the Sunrise Property. (c) Utilities. Sunrise is solely responsible for, and shall promptly pay all costs associated with, all required electrical, natural gas and other utility connections and services related to the Tank. (d) Maintenance and Repair. At its sole cost and expense, Sunrise shall maintain and protect the Tank Area from any of its activities thereon pursuant to the Tank Easement, and, following any disturbance or alteration to the Tank Area, shall restore it to its original condition or an improved condition, including, without limitation, gravel surfacing, landscaping and seeding of areas that are not graveled. 2. Road Easement. (a) Grant of Easement. Pursuant to the Original Easement and this Amendment, Sunrise has granted and hereby grants to ODOT and to its guests, lessees, invitees and licensees, a permanent, nonexclusive easement over the Road Area for ingress and egress to and from the ODOT Property to SE Ridgeway Drive, at the same level of use that exists as of the date of this Amendment (the “Road Easement”). (b) Easement Appurtenant. The Road Easement is for the benefit of ODOT and its successors in interest; runs with the land with respect to the ODOT Property; and is a burden on the Sunrise Property. (c) Maintenance and Repair. At its sole cost and expense, Sunrise shall perform normal and regular maintenance and repair of the Road Area so that it remains useable at all times by ODOT, its guests, lessees, invitees and licensees for the uses related to the Road Easement. Amendment to Reciprocal Easement – Page 2 (d) Gate. At its sole cost and expense, Sunrise shall maintain and repair the gate over the Road Area. Sunrise may change locks or security systems for the Gate in its reasonable discretion, provided that before any such changes Sunrises notifies ODOT thereof and provides ODOT with updated key, access cards or security codes, as applicable. 3. Insurance. (a) For its use of the Tank Easement, Sunrise shall maintain, at its own expense, insurance covering claims for public liability, personal injury, death, and property damage under a policy of general liability insurance, with limits of not less than $500,000.00 per occurrence, and excess/umbrella liability insurance covering claims with limits of not less than $1,000,000.00 per occurrence. All insurance will be in a form and with providers reasonably acceptable to ODOT, and all policies will name the State of Oregon and ODOT as additional named insureds. Sunrise shall not cancel any insurance required under this Section 3(a) without thirty (30) days prior notice to ODOT and ODOT’s prior written consent to such cancellation. (b) For its use of the Road Easement, ODOT is self-insured to the limits of the Oregon Tort Claims Act against claims of public liability, personal injury, death, and property damage. ODOT will provide a certificate of insurance to Sunrise upon request. 4. Right to Cure. In the event a Party fails to perform any obligation under the Easement, and such failure remains uncured more than fifteen (15) days after notice from the other Party describing such failure, the other Party may cure the first Party’s failure, and charge all costs and expenses of such cure to the first Party, which the first Party shall pay to the other Party within thirty (30) days after the other Party delivers an invoice therefore, together with reasonable supporting document of such costs and expenses. The right to cure under this Section 4 shall be in addition to any remedies available to the Parties in law or equity. 5. Indemnifications. (a) By Sunrise. Sunrise shall indemnify, defend, and hold the State of Oregon, ODOT and its employees, guests, invitees and licensees harmless from and against all loss, cost, damage, or expense of any kind and nature (including, without limitation, court costs, expenses, and reasonable attorneys’ fees) arising out of injury to persons or damage to property (including, without limitation, property of the State of Oregon, ODOT and their respective employees, agents, guests, invitees, licensees, and representatives) caused in any manner by the fault or negligent acts or omissions of Sunrise relating to the its use of the Tank Area. (b) By ODOT. To the extent permitted by Article XI, Section 7 of the Oregon Constitution, and subject to the limits of the Oregon Tort Claims Act, ORS 30.260 through 30.260 through 30.300, ODOT shall indemnify, defend, and hold Sunrise and its employees and licensees harmless from and against all loss, cost, damage, or expense of any kind and nature (including, without limitation, court costs, expenses, and reasonable attorneys’ fees) arising out of injury to persons or damage to property (including, without limitation, property of Sunrise and its licensees and their respective employees, agents and representatives) caused in any manner by the fault or negligent acts or omissions of ODOT relating to the use of the Road Area. Amendment to Reciprocal Easement – Page 3 6. Waiver. The failure by either Party at any time to require strict performance of any provision of the Easement shall not be a waiver of or prejudice the right to subsequently enforce that provision or any other provision of the Easement. 7. Governing Law; Consent to Jurisdiction. The Easement is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between ODOT (or any other agency or department of the State of Oregon) and Sunrise that arises from or relates to the Easement shall be brought and conducted solely and exclusively within the jurisdiction of the Circuit Court of Marion County in the State of Oregon. In no event shall this Section 7 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. Both Parties hereby consent to the exclusive jurisdiction of such court, waives any objection to venue and waives any claim that such forum is an inconvenient forum. 8. Notice. (a) Address. “Address” means the address set forth for each Party below. Any notices, demands or other communications required under the Easement shall be made in writing and delivered by one of the following methods to the other Party’s Address, unless one Party modifies its Address by notice to the other Party, given in accordance with Section 8(b) below. ODOT: Oregon Department of Transportation Right-of-Way Division 4040 Fairview Industrial Drive SE Salem, OR 97302 Email: [email protected] (b) Sunrise: Sunrise Water Authority ATTN: Kim Anderson Government Relations Manager Phone: 503.761.0220 Email: [email protected] Delivery. Method of delivery In person (including by messenger service) Email US Mail (postage prepaid, registered or certified, return receipt requested) Courier delivery (by reputable commercial courier) Amendment to Reciprocal Easement – Page 4 When notice deemed delivered the day delivered, as evidenced by signed receipt the day sent (unless sent after 5:00 p.m., P.T., in which case the email shall be deemed sent the following business day) the day received, as evidenced by signed return receipt the day received, as evidenced by signed receipt 9. Conflict. In the event of any conflict between the Original Easement and this Amendment, this Amendment shall control. [remainder of this page intentionally left blank] Amendment to Reciprocal Easement – Page 5 This Amendment to Reciprocal Easement is executed by the Parties as of the date set forth above. ODOT STATE OF OREGON, by and through its Department of Transportation By Its STATE OF OREGON County of ) ) ss. ) This instrument was acknowledged before me on ____ day of April, 2015, by ______________________, as _________________ for State of Oregon, by and through the Department of Transportation. NOTARY PUBLIC FOR OREGON My commission expires: Amendment to Reciprocal Easement – Page 6 SUNRISE SUNRISE WATER AUTHORITY, a municipal corporation By Its STATE OF OREGON ) County of ) ss. ) This instrument was acknowledged before me on ____ day of April, 2015, by ________________, on behalf of Sunrise Water Authority, a municipal corporation. NOTARY PUBLIC FOR OREGON My commission expires: #6325914v4 Amendment to Reciprocal Easement – Page 7 ODOT PROPERTY Sunrise Property EXHIBIT B ODOT Property That part of the Northwest Quarter of Section 27, Township 1 South, Range 2 East, Willamette Meridian, Clackamas County, Oregon, being more particularly described as commencing at ¾” iron pin which marks the center of said Section 27; thence S89˚12’30”E a distance of 535.75 feet; thence northerly and parallel to the north-south centerline of said Section 27 a distance of 30 feet to the true point of beginning; thence continuing north a distance of 147.85 feet; thence westerly a distance of 190.40 feet; thence northerly a distance of 150 feet; thence westerly a distance of 100 feet; thence southerly a distance of 297.85 feet; thence easterly a distance of 290.40 feet to the point of beginning, containing 57,936 square feet, more or less. Amendment to Reciprocal Easement – Page 9 EXHIBIT C Sunrise Property PARCEL 1 A tract of land 150 feet from North to South and 190.4 feet from East to West, lying in the Northwest Quarter (1/4) of Section 27, Township 1 South, Range 2 East, Willamette Meridian, Clackamas County, Oregon, being more particularly described as follows: Beginning at a pipe in a concrete monument marking the southeast corner of said quarter Section thence westerly along the southerly line a distance of 535.75 feet; thence northerly parallel with the easterly line of said quarter Section a distance of 177.85 feet to the true point of beginning. Thence continuing in the last described course a distance of 150.00 feet; thence westerly, parallel with the southerly line of said quarter Section a distance of 190.40 feet; thence southerly parallel with the easterly line said quarter Section a distance of 150 feet; thence easterly parallel with its southerly line a distance of 190.40 feet to the point of beginning, containing 0.656 acres more or less. PARCEL 2 That part of the Northwest Quarter (1/4) of Section 27, Township 1 South, Range 2 East, Willamette Meridian, Clackamas County, Oregon, being more particularly described as commencing at an iron pipe set in concrete at the southeast quarter thereof; thence S87˚59’20”W, assumed bearing, along the south line thereof 535.75 feet to the actual point of beginning; thence North parallel with the east line thereof 327.85 feet; thence S87˚59’20”W parallel with said south line 190.40 feet; thence North 10.00 feet; thence N87˚59’20”E 220.40 feet; thence South 337.85 feet to the said south line; thence S87˚59’20”W 30.00 feet to the point of beginning. Amendment to Reciprocal Easement – Page 10 Agenda Item – 2.6 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Board Recruitment, and Secretary and Liaison Appointments BOARD ACTION REQUESTED The Board of Commissioners is requested to (a) approve the recommended recruitment process, (b) select three commissioners to serve on the interview committee, (c) elect a secretary (officer) and (d) select liaisons for the NCCWC and Oak Lodge Water meetings. EFFECTIVE DATE N/A PRINCIPAL STAFF PERSON Cindy Richards, Administrative Assistant DOCUMENTS ATTACHED Current Liaison Assignments Keith Miller Letter of Resignation Summary BACKGROUND Commissioner Miller recently stepped down from his position on the Board, leaving Zone 5 vacant. The current term will be up June 30, 2017. In addition, the vacancy leaves open the officer position of secretary, the liaison appointment for Oak Lodge Water and a voting representative for the NCCWC. ANALYSIS The immediate actions necessary are: to elect an officer to assume the position of secretary; elect a voting representative for the NCCWC and select a liaison for the Oak Lodge Water District Board meetings. The longer term goal of this evening is to begin the recruitment process for a commissioner from Zone 5. Staff recommends sending a targeted letter to customers in that zone, seeking candidates to fill the vacant seat for the remainder of the term (June 30, 2017) and closing the recruitment on February 26. The Board should also select three Commissioners to serve on the interview committee. A candidate would then be recommended to the Board during the March meeting. OPTIONS January 27, 2016 1) Approve the recommended recruitment process, select three commissioners to serve on the interview committee, elect a secretary, and elect representatives for the NCCWC (voting) and Oak Lodge Water meetings. 2) Provide Staff with direction regarding recruitment of a commissioner and Agenda Item 2.6 Page 1 of 4 elect a secretary, and elect representatives for the NCCWC (voting) and Oak Lodge Water meetings. STAFF RECOMMENDATION January 27, 2016 1) Approve the recommended recruitment process, select three commissioners to serve on the interview committee, elect a secretary, and elect representatives for the NCCWC (voting) and Oak Lodge Water meetings. Agenda Item 2.6 Page 2 of 4 Mr. Ernie Platt Chairman, Sunrise Water Authority Board 10602 SE 129th Avenue Happy Valley, OR 97086 12-21-15 Dear Ernie: The time has come that I tender my resignation from the Sunrise Water Authority Board. My resignation is effective immediately. As we discussed a few nights ago my work/travel schedule has prevented me from performing at the level I believe is necessary to serve SWA. The experience with the SWA Board has been very rewarding for me. I’ve learned quite a bit during the process. It is amazing what can be done when personal agendas are not an issue and no one really cares who receives credit. I’m proud to have served with you and the rest of the Board the past three years. All of you are a credit to the Sunrise community. And, with a strong Board in place and strong leadership the Authority is in really good hands. Most importantly I value the new friendships with all of you. Everyone associated with Sunrise Water Authority made me welcome and helped me to learn my role and responsibilities. I wish all the best in the future to you, the Board and the Sunrise Water Authority team. Sincerely, Keith A. Miller January 27, 2016 Agenda Item 2.6 Page 3 of 4 Liaison Appointments Entity NCCWC Meeting Date & Time th 4 Tuesday quarterly (Mar, June, Sept, Jan) 5:30 p.m. CRWSC 2nd Monday quarterly (Jan, Apr, July, Oct) 6:00 p.m. Oak Lodge Water 3rd Tuesday each month District 6:00 p.m. CRW 2nd Thursday each month 6:00 p.m. Boring Water District 2nd Tuesday of each Month 7:00 p.m. City of Happy Valley 1st & 3rd Tuesday each month Work session: 6:00 p.m. Open session: 7:00 p.m. City of Damascus 1st and 3rd Monday each month Council Meeting 7:00 p.m. Clackamas River Basin Exec Council: 1st Council Wednesday each month 3:00 p.m.-5:00 p.m. 3rd Thursday of each month; 6:00p.m. – 8:30p.m. Regional Water 1st Wednesday of Providers Consortium February, May & October Board 7:00 p.m. Clackamas County 1st Thursday each month Coordinating 6:45-8:30 p.m. Committee (C4) North Clackamas 1st Monday each month Chamber of Commerce 11:45 AM-1:15 p.m. Sunnyside United 1st Monday in February, Neighbors (SUN) CPO June & October 7:00 p.m. South Fork Water 3rd Wednesday each Board month 6:00 p.m. January 27, 2016 Agenda Item 2.6 Assignments/Volunteers Blake/VACANT/Roskey Alternates: Boast, Bailey Boast/Blake/Platt Alternates: Gaschler, Roskey VACANT Alternate: Blake Gaschler Alternate: Boast Roskey Bailey Alternate: Platt Platt Alternate: Boast Blake Platt Alternate: Boast Kim Anderson (monitoring agendas) Platt Boast Alternate: Blake Platt (monitoring agendas) Page 4 of 4 Agenda Item – 2.7 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Appoint Board Members to CRWSC Work Group BOARD ACTION REQUESTED The Board of Commissioners is requested to appoint two commissioners to serve on the work group of the CRWSC. EFFECTIVE DATE Immediately PRINCIPAL STAFF PERSON Wade Hathhorn, General Manager DOCUMENTS ATTACHED None. Summary BACKGROUND In the beginning stages of the CRWSC, a “work group” was formed consisting of two commissioners from each Board (CRW and Sunrise), and the two General Managers. The purpose of the group was to discuss administrative issues and establish recommended goals, which would then be moved forward for recommended action by the respective Boards. ANALYSIS A joint meeting of the CRW and Sunrise Boards was held on December 21, 2015. From that meeting it was determined that each of the Boards should once again select two representatives from their respective Boards to serve on the CRWSC work group, alongside both General Managers. OPTIONS None. STAFF RECOMMENDATION None. January 27, 2016 Agenda Item 2.7 Page 1 of 1 SUNRISE WATER AUTHORITY Agenda Item – 3.1 REGULAR BOARD MEETING January 27, 2016 SUBJECT BOARD ACTION REQUESTED Manager’s Update For Informational & Discussion Purposes Only PRINCIPAL STAFF PERSON Wade Hathhorn, General Manager DOCUMENTS ATTACHED None PUMP STATION 15 Preliminary design and solicitation (i.e. Request for Proposals) for contractor selection went to public notice on January 14. The due date for proposals (including price proposals) is February 2. The selection includes both performance and pricing criteria (50% on price). Submittals will be reviewed by staff after closing and a recommendation for Notice of Intent to Award to the Highest Scoring Proposer is scheduled for a Special Meeting of the Board on February 10. The planned schedule follows with contract negotiations and Notice of Award at the Board’s regular meeting on February 24. Notice to Proceed will be in early March, subject to selection and negotiations. As a special note here, staff members Dan Fraijo (Operations Manager) and Tim Jannsen (Engineering Manager) have provided invaluable assistance in the preparation and review of bidding (RFP) documents. STAFFING Offers were made and accepted for a new entry-level Accountant/Finance position and GIS/Technical Specialist. The accounting position will be filled by Jeanette Carroll and will report and work on-site at Sunrise, while coordinating work functions with CRW staff. Jeanette comes to us having already served on temporary assignment as part of the CRW accounting staff. The GIS/Technical Specialist will be filled by Jarrett Cziesch and report to Engineering, providing design assistance along with advancement of our data enterprise system. Jarrett recently completed his Master’s degree in GIS studies at the University of Arizona and moved to the Portland area to be with family. Both positions were publically posted and competitively filled after interviewing several respective candidates. In addition, we will be re-filling the staff engineering position with the person (Liz Edgar) who had left that position. SPACE PLANNING Realty interest in our property along SE 172nd Avenue (SE Armstrong Circle) has increased. Notwithstanding, staff has been directed to begin looking for available property to locate a new administrative office and operation facilities. Report planned for regular February Board meeting. January 27, 2016 Summary Agenda Item 3.1 Page 1 of 2 WATER RIGHTS PERMIT EXTENSIONS Various water rights held by Sunrise and the NCCWC (most notably those serving the treatment plant) are subject to permit extension by the state. The issue involves the “unperfected” (or yet used) portion of those rights and the authority to use that water in the future. The law requires the agency to submit a water use plan as part a Water Management and Conservation Plan (WMCP) and then authorize some (or all) of the unused water for future use. The state did just that more than a decade ago but the final order was contested in the public process. At that time, the request to extend the permits and utilize the available water was subject to new law requiring the “applicant” to show how such use would “persist” or affect various endangered (salmonid) species in the Clackamas River. We (and others) were the first case to be reviewed under the new law in which no standard had yet been defined to address the issue of the “persistence of fish.” This case has now gone all the way to the Court of Appeals and been remanded the state’s Water Resources Department for reissuance under revised criteria, most notably restricted by new minimum instream flow numbers. The summary of new criteria include: 1. Raising the minimum instream flow from 400 cfs to 650 cfs for the annual period of June through the second week of September then 800 cfs for the remainder of the year. (Measured by a 7-day moving average at the Oregon City gage). 2. Starting the first Monday in September, if the minimum flows are not met, the municipal diversions must be reduced by a % equivalent to the % below flow minimum. 3. Working with ODFW, set annual strategy for Timothy Lake releases (if available), but PGE owns sole right to make such releases based on annual availability under the FERC license. 4. From July 1 to the day before the first Monday in Sept., municipal users can continue to divert if flows fall below minimum (650 cfs). This past summer of course saw the Clackamas River reach very low flows. With these new flow restrictions, it is unclear (because of the 7-day moving average) if municipal providers would have had to reduce withdrawals – but it any case it would have been close. And with growing demands, the chance of being restricted grows each year (especially if drought conditions continue). Hence, the near-term impact would be to require amendments to our curtailment strategy. (This, however, remains in draft as it is tied to the approval of the WMCP and the permit extensions). Anyway, new strategies will be needed to deal with late summertime demand – one of which includes expanding the capacity of our ASR system (study underway). INTERNAL MOVES January 27, 2016 The hiring of new staff will require maximum use of existing office space. As part of that plan, I (General Manager) will be moving to the modular building and placing two additional workspaces in my former office. We will also be adding desk (workstation) in the Engineering area and reserving space in the modular for senior accounting staff or temporary work space. Agenda Item 3.1 Page 2 of 2 Agenda Item – 3.2 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT Engineering & Construction Reports BOARD ACTION REQUESTED For Informational Purposes Only EFFECTIVE DATE January 21, 2016 PRINCIPAL STAFF PERSON Tim Jannsen, Engineering Manager Summary PUMP STATION 15 Planning – January through June 2015 Design – July through January 2015 Contractor Proposals Submitted – February 2016 Construction – March through June 2016 Estimated Cost - $1,200,000 PUMP STATION 7 PUMPING IMPROVEMENTS Planning – September through October 2014 Design – September through December 2015 Bid – July 2016 Installation and Start-Up – November 2016 Estimated Cost - $100,000 January 27, 2016 Agenda Item 3.2 Page 1 of 6 ABANDONMENT OF 8-INCH CAST IRON MAIN ON SE 129TH AVENUE Planning – October through November 2014 Design – December 2014 through February 2015 Bid – October 2016 Construction – December 2016 Estimated Cost - $200,000 ABANDONMENT OF RESERVOIR 2 AND PUMP STATIONS 2 & 5 Planning – December 2015 through January 2016 Design – September through October 2016 Bid – December 2016 Construction – February 2017 Estimated Cost - $100,000 January 27, 2016 Agenda Item 3.2 Page 2 of 6 Subdivisions Under Construction - Not Yet Approved For Meter Purchases Name of Subdivision and Projects BLACKHORSE ESTATES 122 ND Number of Lots 14 AVE NORTH OF SS RD 122ND AVE SOUTH OF SS RD CAVALIER MEADOWS ND PINE VIEW MEADOWS 172 9 AVE NORTH OF HEMRICK RD 42 EAST OF 145TH AVE & NORTH OF MONNER RD PIONEER HIGHLANDS SIRI HILLS SOUTH OF HWY 212 & EAST OF HWY 224 13 TH SPENCER VIEW ESTATES 66 WEST OF 147 AVE & SOUTH OF ALDRIDGE RD Total Lots 18 162 Proposed Subdivisions - Not Yet Approved For Meter Purchases Name of Subdivision and Projects ALTAMONT PH. 8 Number of Lots 32 JOHNSON CREEK BLVD EAST OF 145TH AVE & SOUTH OF CLATSOP ST CHRISTILLA VALLEY GRAND VIEW MEADOWS 172 ND AVE NORTH OF HEMRICK RD 69 TH MOUNTAIN GATE PH. 2 QUAIL HILL 129 AVE & MOUNTAIN GATE RD 13 172ND AVE SOUTH OF CREEKSTONE LN 22 172ND AVE SOUTH OF HEMRICK RD 39 SCOUTERS MEADOW TH SCOUTERS MOUNTAIN 23 EAST OF 145 AVE & NORTH OF MONNER RD Total Lots 420 618 Subdivisions With Buildable Lots - Approved For Meter Purchases RIDGECREST RD EAST OF 132ND AVE Number of Lots Remaining 4 145TH AVE & CLATSOP ST 6 Name of Subdivision and Projects ALDER RIDGE ALTA VILLA ALTAMONT NORTH OF IDLEMAN RD & EAST OF 92ND AVE ALANBY ESTATES APPLE WOOD TERRACE 122 BELLA CASA BLACKSTONE TERRACE January 27, 2016 AVE SOUTH OF SS RD TH RIDGECREST RD WEST OF 145 AVE 139TH AVE SOUTH OF SS RD ASHLEE MEADOWS PUD AUTUMN MIST ND KING RD & REGINA CT 162 ND NORTH OF MISTY DR PALERMO AVE WEST OF 162ND AVE Agenda Item 3.2 19 1 2 10 3 22 1 Page 3 of 6 145TH AVE & RIDGECREST RD BLUE HERON POINTE PH. 1, 2, & 3 118TH AVE & SS RD BRAEMARK ESTATES BRITTANY HEIGHTS 132 ND CALLAHAN VISTA AVE & NORMANDY DR 1 SE RIDGECREST RD 3 130TH AVE NORTH OF SS RD CASTLEWOOD PH. 2 & 3 ST CAVALIER COURT 131 AVE & ALMOND CT CEDAR CREEK ESTATES HWY 224 & GOOSE HOLLOW RD STEVENS RD & MONTEREY AVE ECHO VALLEY MEADOWS ESTATES 122 3 3 WILLIAM OTTY & VALLEY VIEW CREST VIEW TOWNHOMES 1 4 SCOTT CREEK LN CREEKSTONE ESTATES EAGLE LANDING R-7 5 139TH AVE SOUTH OF SS RD CAMBRIA CREEK 12 ND AVE & ECHO VALLEY RD 4 57 5 1 EMERALD VALLEY RIDGECREST RD & 147TH AVE 2 EMMERT HEIGHTS 92ND AVE & HINKLEY AVE 9 ND EMMERT RIDGEVIEW 122 AVE & HUBBARD RD ESMERALDA ALDRIDGE RD & 147 AVE 6 MOUNTAIN GATE RD 1 RIDGECREST EAST OF MT SCOTT BLVD 2 ESTATES AT MEADOWS GATE HAGGART PARTITION TH HAPPY VALLEY MORNINGSIDE 157 AVE NORTH OF SS RD HIDDEN FALLS PH. 1 & 2 HIGHLANDER ESTATES HIGHLAND MIST HOWARD ESTATES 152 J B MEADOWS ND 132 LEGACY ESTATES LIBERTY VIEW LINCOLN HEIGHTS MADELYN HEIGHTS MADRONA MARTIN'S VIEW ESTATES January 27, 2016 3 5 TH 6 ECHO VALLEY RD 1 147TH AVE SOUTH OF MONNER RD 139TH AVE & SOUTH OF SS RD 122 5 18 118 AVE & SUMMERS LN AVE & HUBBARD RD ND 9 24 118TH AVE & SUMMERS LN 132 11 TH NORTH OF WILLIAM OTTY RD & COUGAR WY ND 78 AVE NORTH OF HUBBARD RD 145 AVE & RIDGCREST RD JOHANSEN MEADOWS KINZER ESTATES AVE & SOUTH OF SS RD NORTH OF RIDGECREST RD JOHNATHAN SUMMERS ESTATES KASAB PARTITION ND NORTH OF RIDGECREST RD JACKSON HILLS PH. 1 & 2 JASON HEIGHTS 1 TH AVE & MOUNTAIN GATE RD MT SCOTT BLVD NORTH OF IDELMAN RD CALLAHAN RD & RIDGECREST RD ECKERT LN 232 ND AVE SOUTH OF HWY 212 Agenda Item 3.2 1 7 4 3 0 3 2 6 Page 4 of 6 MISTY DAWN 139TH AVE SOUTH OF SS RD 1 MOLLY MARIE 139TH AVE SOUTH OF SS RD 1 ND MURPHY’S ADDITION 142 AVE SOUTH OF SS RD ND NORMANDY GARDENS 132 NORTHERN HEIGHTS PH. 1 & 2 NORTHPOINT 2 AVE SOUTH OF SS RD 1 145TH AVE NORTH OF RIDGECREST RD 16 132ND AVE & CALLAHAN RD 4 TH 5 NORTHVIEW PH. 1 & 2 147 AVE & ALTA VISTA DR TH OVERLOOK 119 AVE & SUMMERS LN 5 PARKSIDE PH. 2, 3, & 4 SOUTH OF RIDGECREST RD 8 PONTE CINO PH. 2 132ND AVE SOUTH OF SS RD 29 TH REANNA RIDGE 127 AVE & MATHER RD RED ROSE VALLEY PH. 1 & 2 2 MOUNTAIN GATE RD RIM ACRES 11 MATHER RD & CRANBERRY LP 4 172ND AVE & TROGE RD ROCK CREEK MEADOWS 74 ROLLING ACRES TH 147 AVE NORTH OF SS RD 15 ROSS PARTITION MOUNTAIN GATE RD 12 ROTH PLACE 132ND AVE SOUTH OF RIDGECREST RD 3 RUSTLING RIDGE 119TH AVE & ECHO VALLEY DR 13 SARAH KNOLL MOUNTAIN GATE RD 1 TH SHADOW RIDGE 147 AVE NORTH OF SS RD 6 SOUTHERN RIDGE PH. 2 147TH AVE NORTH OF SS RD 6 STILLWATER ESTATES SNOW FIRE DR & MOUNTAIN GATE RD 5 STONE BRIDGE SCOTT CREEK LN & COUGAR WY STONE RIDGE SUMMIT MOUNTAIN GATE RD EAST OF SE 129 AVE 147TH AVE NORTH OF SS RD SUNRISE HEIGHTS PH. 2 TARALON GREENS PH. 2 & 3 THE FALLS AT HAPPY VALLEY THE RESERVE PH. 1 & 2 TRICKLE CREEK VALLEY CREST VALLEY PARK ESTATES VALLEY VIEW ESTATES PH. 1 & 2 January 27, 2016 NORTH OF SS RD WEST OF 147 AVE TH ND 157 AVE TO 162 TARALON GREENS PH. 1 2 TH SUNSHINE RIDGE (SOUTHERN RIDGE PH. 1) AVE SOUTH OF SS RD 152ND AVE TO 162ND AVE SOUTH OF SS RD 152ND AVE TO 162ND AVE SOUTH OF SS RD ND 132 AVE & CLATSOP ST SOUTH OF MOUNTAIN GATE RD 132ND AVE SOUTH OF SS RD MOUNTAIN GATE RD & 129TH AVE 3 17 EAST OF 152ND AVE NORTH OF SS RD SUNRISE MOUNTAIN VIEW TARALON 1 TH 25 4 5 31 12 16 7 8 WILLIAM OTTY RD 1 NORTH OF SS RD 10 Agenda Item 3.2 Page 5 of 6 VINYARD RIDGE PH. 2 122ND AVE & HUBBARD RD 1 VISTA HEIGHTS 147TH AVE NORTH OF SS RD 3 VOLARE (EAGLE LANDING TOWNHOMES PH. 2) WARREN ADDITION CAUSEY AVE EAST OF STEVENS RD MATHER RD 46 2 WENZEL PARK ESTATES PH. 1 EAST OF 142ND AVE SOUTH OF SS RD 1 WENZEL PARK ESTATES PH. 2 EAST OF 142ND AVE SOUTH OF SS RD 1 WILLINGHAM HEIGHTS WINDSONG ESTATES WOODLAND HEIGHTS WYATT'S PARK WYLER ESTATES MATHER RD 132 ND 2 AVE SOUTH OF SS RD 2 132ND AVE NORTH OF SS RD 3 EAST OF 142ND AVE & NORTH OF WENZEL DR TH 145 AVE NORTH OF RIDGECREST RD 1 Total Lots January 27, 2016 Agenda Item 3.2 14 816 Page 6 of 6 Agenda Item – 4.1 SUNRISE WATER AUTHORITY REGULAR BOARD MEETING January 27, 2016 SUBJECT EFFECTIVE DATE PRINCIPAL STAFF PERSON Board Calendar January 20, 2016 Cindy Richards, Administrative Assistant Summary January 27, 2016 Agenda Item 4.1 Page 1 of 2 Meetings of Interest to Sunrise Entity NCCWC CRWSC Oak Lodge Water District CRW Boring Water District City of Happy Valley City of Damascus Clackamas River Basin Council Regional Water Providers Consortium Board Clackamas County Coordinating Committee (C4) North Clackamas Chamber of Commerce Sunnyside United Neighbors (SUN) CPO South Fork Water Board January 27, 2016 Meeting Date & Time Assignments/Volunteers 4th Tuesday quarterly (Mar, June, Sept, Jan) 5:30 p.m. 2nd Monday quarterly (Jan, Apr, July, Oct) 6:00 p.m. 3rd Tuesday each month 6:00 p.m. 2nd Thursday each month 6:00 p.m. 2nd Tuesday of each Month 7:00 p.m. 1st & 3rd Tuesday each month Work session: 6:00 p.m. Open session: 7:00 p.m. 1st and 3rd Monday each month Council Meeting 7:00 p.m. Exec Council: 1st Wednesday each month 3:00 p.m.-5:00 p.m. 3rd Thursday of each month; 6:00p.m. – 8:30p.m. 1st Wednesday of February, May & October 7:00 p.m. 1st Thursday each month 6:45-8:30 p.m. Blake/VACANT/Roskey Alternates: Boast, Bailey 1st Monday each month 11:45 AM-1:15 p.m. Platt Boast/Blake/Platt Alternates: Gaschler, Roskey VACANT Alternate: Blake Gaschler Alternate: Boast Roskey Bailey Alternate: Platt Platt Alternate: Boast Blake Platt Alternate: Boast Kim Anderson (monitoring agendas) 1st Monday in February, Boast June & October 7:00 p.m. Alternate: Blake 3rd Wednesday each month 6:00 p.m. Agenda Item 4.1 Platt (monitoring agendas) Page 2 of 2