TRI-CITY ADVISORY COMMITTEE September 16, :30 a.m. 1:00 p.m. AGENDA

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TRI-CITY ADVISORY COMMITTEE September 16, 2015 11:30 a.m. 1:00 p.m. Water Environment Services Tri-City Water Pollution Control Plant AGENDA 1. Introductions 2. Director s Report a.

1 TRI-CITY ADVISORY COMMITTEE September 16, :30 a.m. 1:00 p.m. Water Environment Services Tri-City Water Pollution Control Plant AGENDA 1. Introductions 2. Director s Report a. Approval of 6/10/15 Meeting Summary b. Bylaws Update c. Peracetic Acid Pilot Project Update 3. The Cove Development Update (Geist/Storey) 4. Permit Review & Renewal (Storey) 5. Regulatory Review (Storey) 6. Tour of Tri-City Plant (Geist) 7. Adjourn Rev: September 9, 2015

2 Tri-City Service District Advisory Committee Meeting Summary June 10, 2015 The Tri-City Service District Advisory Committee met for a regular meeting on June 10, 2015, from 11:30 a.m. to 1:00 p.m. at Water Environment Services, Development Services Building in Oregon City. Advisory Committee members in attendance: Chris Jordan City Manager City of West Linn David Frasher City Manager City of Oregon City Pete Boyce City Administrator City of Gladstone Greg Geist Director Water Environment Services (WES) Public and WES Staff in attendance: Paul Savas Clackamas County Commissioner Dan Holladay Mayor, City of Oregon City John Lewis Oregon City Public Works Lance Powlison City of Oregon City Steve Johnson Gladstone City Councilor Brenda Perry West Linn City Councilor Mona LaPierre WES, Env. Monitoring Manager Chanin Bays WES, Biosolids Supervisor Trista Crase WES, Business Services Chris Storey County Counsel Amanda Keller County Counsel Gari Johnson WES, Community Relations Matt Glazewski WES, Assistant to the Director Karen Melius WES, Administrative Assistant Katie Wilson WES, Administrative Assistant The Tri-City Service District Advisory Committee was called to order at 11:40 a.m. by Greg Geist, WES Director. Introductions of the Tri-City Service District Advisory Committee, attending citizens and Water Environment Service staff were made.

3 Director s Report 1. Board of County Commissioners (BCC) Study Session June 3, BCC open to a discussion of governance. It was decided that discussion take place at the Regional Wastewater Treatment Capacity Advisory Committee since Clackamas County Service District #1 (CCSD#1) has an interest in the conversation. Steve Johnson, Gladstone City Counsel, raised objections on whether the Regional Committee has authority over the Tri-City Advisory Committee (TCAC). Chris Jordan, West Linn City Manage, feels that the governance discussion doesn t fall under the TCAC s authority to review unless the BCC asks them to do so. Mayor Dan Holladay proposed that the City of Oregon supports having productive discussions with CCSD#1 and does not wish to impede any agreements between the two districts, but they do not believe a decision on governance is possible by the Regional Committee and do not feel they do not have any legal authority over either district. Commissioner Paul Savas suggested a letter should be sent to the BCC as they are the governing body of the District. Director, Greg Geist, asked for approval of the 5/20/15 Meeting Summary. Mayor Holladay voiced concern over the format of the meeting summary, and would like to see more detailed minutes. Director Geist reminded the committee that the audio and video from the meetings are available. Mayor Holladay pointed out that the pre-video recorded meetings have a different format. There were no objections to the 5/20/15 Meeting Summary as submitted. Alternative Biosolids Disposal (BUC) IGA between CCSD#1 and TCSD: 2. Counselor Storey went over the terms of the current IGA. The original understanding of the current agreement had changed. The Tri-City Service District is budgeting for an estimated annual $400,000 revenue from CCSD#1 for the use of the Back-Up Centrifuge (BUC). With the current IGA expiring, the River Health Advisory Committee agreed with a continuation of the IGA until parties have certainty about a direction. This is

4 with a premise for understanding how the solids handling situation is in flux with the decision of what is going to be happening with the digesters. Chris Jordan asked for clarification related to the prices for biosolids management handling. Counselor Storey discussed how the biosolids do not go through the digesters and with CCSD#1 utilizing the BUC, both districts are seeing a profit. Councilor Storey was asked and agreed to adding clarification to the agreement surrounding the handling of the bio solids. Mayor Holladay requested the opportunity for Oregon City council to review the IGA. David Frasher questioned the duration of the agreement and felt that governance structure needs to be addressed for Oregon City to have confidence in the agreement. Pete Boyce and Steve Johnson liked the idea of a shorter term and felt 5 years was too long. Chris Jordan and Councilor Brenda Perry felt that agreements with a longer term are more predictable and have more certainty to it, but that an automatic renewal doesn t make sense, Counselor Storey discussed the statute that defines the BCC as the governing body for both Districts and that county council, as council to the BCC, can act on their behalf regarding legal matters for all the entities in which they are responsible. David Frasher voiced concerns with a party negotiating with itself and being advised by the same council. Commissioner Paul Savas encouraged the committee to review the meeting minutes from to understand the spirit of cooperation between both Districts. David Frasher made a motion to extend the agreement for 2 months and it be brought back for a longer renewal term with the corrections that were requested to be made by Counselor Storey. This motion was seconded by Pete Boyce. A vote was taken and a motion to approve was a tie 2-2 with twos ayes from David Frasher and Pete Boyce and 2 nays from Chris Jordan and Director Geist. Chris Jordan made a motion to extend the agreement for 2 years under the condition that County Council s office will submit the amended version to the TCAC 10 days in advance for review and the opportunity to comment. The motion was seconded by Director Geist. A vote was taken and a motion to approve the IGA extension passed 4 0 with ayes from: Chris Jordan, David Frasher, Pete Boyce, and Greg Geist.

5 Amendment to the agreement will clarify that this whole process is post digester handling of solids and Tri-City does not have to accept bio solids if it is not in their best interest or their desire. Commissioner Savas requested that staff council send an update to the CCSD#1 group who approve this as is and inform them of the changes. Discussion of Employment Insurance Options: 3. Counselor Storey presented information related to an issue with a recent employment claim that was denied and was discovered that WES did not have employment insurance. The policy the Service Districts have says they will ensure the assets and employees of the service district, which WES thought included employment insurance. The insurance company notified WES that they did not have employment insurance since staff were all County employees. To resolve the issue, insurance was priced out to purchase separate insurance for the service districts versus participating in the county insurance risk pool through employment services. The quote received from the county was $44,000 to cover 107 FTE, less than $500 per person, which was better than market value. The intention is to have the service districts participate with costs spread out over all 3 districts. This works out to be CCSD#1 is 78% and Tri-City is about 20% and 4% to 5 % Surface Water Management Agency of Clackamas County (SWMACC). This would be an IGA between the Service District and the County for participation in the County risk pool. Mayor Holladay voiced concerns surrounding the fees for a separate insurance policy. David Frasher voiced concerns that rate payers would be charged for the consequences of not having employment insurance. Pete Boyce agreed the insurance matter needs to be resolved and that going forward this should be authorized, but that the County should be responsible for past issues. Chris Jordan voiced his concerns regarding county residents paying for an employee that never worked for county residents outside of the three districts that WES administrates. David Frasher requested and WES council agreed to provide to the committee a verification of the purchase of employment insurance.

6 County Reimbursement to TCSD Funds 4. Commissioner Savas presented a summary of payments related to the Henninger settlement totaling $967, County Risk Fund $290,000 CCSD#1 costs Out of District $443,000 CCSD#1 Surface Water $90,733 TCSD $139, SWMACC $3, The County Risk Fund paid legal fees. The districts paid out the salary severance. David Frasher and Mayor Holladay raised objections related to the responsibility of the charges to the District. David Frasher made a motion that the County reimburse the TSCD for its portion of the payout related to the Kuenzi matter. The motion was seconded by Pete Boyce. A vote was taken and a motion that TSCD be reimbursed tied 2 2 with ayes from David Frasher and Pete Boyce and nays from Director Geist and Chris Jordan. Commissioner Savas noted that the TCAC does not have the authority to make this recommendation, as it is outside the scope of their responsibilities. Bylaw Amendment Remove WES Director as Voting Member 5. David Frasher made a motion that the Board of County Commissioners (BCC) review the bylaws and consider removing the WES Director as a voting member of the committee, based on concerns of a staff member voting on their own budget or other policy matters. The motion was seconded by Chris Jordan. A vote was taken and a motion that the BCC review the bylaws and consider removing the WES Director as a voting member of the committee passed 4 0 with ayes from: David Frasher, Pete Boyce and Chris Jordan and from Director Greg Geist. Chris Jordan recommended that the committee be made up of elected officials due to the increasing political nature of the meetings. Pete Boyce agreed with this recommendation. The meeting adjourned at 1:10 p.m.

III. PREVIOUSLY APPROVED LAND USE ISSUE (No public testimony on this item)

III. PREVIOUSLY APPROVED LAND USE ISSUE (No public testimony on this item) Board of County Commissioners' Business Meeting Minutes Thursday, June 12, 2014 10 a.m. Public Services Building 2051 Kaen Rd., Oregon City, OR 97045 PRESENT Commissioner John Ludlow, Chair Commissioner