Good to know but the tolling agreement is not mentioned in the approved signed minutes on November 20, 2012 I just checked. If Dan wants me to look for the recording I will however it may not exist since it has met its retention.
Thanks Chad,
Kelly Richardson, CMC
City Recorder / City of Molalla
117 N. Molalla Ave. / P.O. Box 248 / Molalla, OR 97038
503-759-0291 Direct / 503-829-3676 Fax
PUBLIC RECORDS LAW DISCLOSURE
This email is a public record of the City of Molalla, Oregon and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule.
CONFIDENTIALITY NOTICE
This e-mail message contains confidential information belonging to the sender or receiver. The information in this message is intended for the addressee’s use only. If you are not the intended recipient you are hereby notified that you are prohibited from reading, using, disclosing, copying, or distributing this information in any way; further, you are prohibited from taking any action based upon the contents of this e-mail. If you have received this e-mail by mistake, please delete it immediately. For further questions call our office at 503-759-0291.
From: Chad Jacobs <Chad@gov-law.com>
Sent: Thursday, October 18, 2018 4:14 PM
To: Kelly Richardson <krichardson@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Cc: Andy Peters <apeters@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: NW Polymers
Hi,
It appears from the documents in our files that the tolling agreement was added to the agenda on the evening of 11/20/12 at the meeting itself. I couldn’t find any minutes reflecting that this was done, but the communications before the meeting all appear to point to the fact that it was done that night and approved by council. Do we have video or audio recordings from that meeting? If so, those may demonstrate council approval and authorization for the Mayor to sign the tolling agreement.
Best,
Chad
From: Kelly Richardson [mailto:krichardson@cityofmolalla.com]
Sent: Thursday, October 18, 2018 3:10 PM
To: Dan Huff
Cc: Andy Peters; Gerald Fisher; Chad Jacobs
Subject: RE: NW Polymers
Dan,
I have exhausted I believe all avenues on this. In 2012 Council was still approving financial statements and I have reviewed all through October 2012 and no check was issued. I have looked in the 2013 council packets I don’t know if November-December 2012 financials were ever approved.
I cannot find any information in council packets where the tolling agreement was approved I am guessing executive session. Either way we have an original signed tolling agreement signed in November 2012 that as Chad stated below makes Molalla responsible for the original 2006 agreement.
If you would like me to contact the bank and get a copy of checks for November- December 2012 just let me know.
Honestly I don’t think it will help,
Kelly Richardson, CMC
City Recorder / City of Molalla
117 N. Molalla Ave. / P.O. Box 248 / Molalla, OR 97038
503-759-0291 Direct / 503-829-3676 Fax
PUBLIC RECORDS LAW DISCLOSURE
This email is a public record of the City of Molalla, Oregon and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule.
CONFIDENTIALITY NOTICE
This e-mail message contains confidential information belonging to the sender or receiver. The information in this message is intended for the addressee’s use only. If you are not the intended recipient you are hereby notified that you are prohibited from reading, using, disclosing, copying, or distributing this information in any way; further, you are prohibited from taking any action based upon the contents of this e-mail. If you have received this e-mail by mistake, please delete it immediately. For further questions call our office at 503-759-0291.
From: Chad Jacobs <Chad@gov-law.com>
Sent: Thursday, October 18, 2018 11:39 AM
To: Kelly Richardson <krichardson@cityofmolalla.com>
Cc: Andy Peters <apeters@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: NW Polymers
We don’t have a signed copy in our files either. As far as I can tell this agreement was never entered into. According to the minutes from the August 22, 2012 meeting, the resolution approving the agreement and authorizing the city manager to sign was pulled from the agenda “so staff can address recent concerns that have been brought to [the City Manager’s] attention regarding the item.” Thereafter, in November 2012, the City entered into the tolling agreement. I don’t have much else on this matter between now and then other than the email exchange Dan sent over earlier today from 2014. Thus, as far as I can tell, we are still bound by the terms of the 2006 Agreement.
From: Kelly Richardson [mailto:krichardson@cityofmolalla.com]
Sent: Wednesday, October 17, 2018 4:55 PM
To: Chad Jacobs
Cc: Andy Peters; Gerald Fisher; Dan Huff
Subject: FW: NW Polymers
Chad,
Do you by chance have a signed copy of this? I have not so far been able to locate such a thing.
Thanks,
Kelly Richardson, CMC
City Recorder / City of Molalla
117 N. Molalla Ave. / P.O. Box 248 / Molalla, OR 97038
503-759-0291 Direct / 503-829-3676 Fax
PUBLIC RECORDS LAW DISCLOSURE
This email is a public record of the City of Molalla, Oregon and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule.
CONFIDENTIALITY NOTICE
This e-mail message contains confidential information belonging to the sender or receiver. The information in this message is intended for the addressee’s use only. If you are not the intended recipient you are hereby notified that you are prohibited from reading, using, disclosing, copying, or distributing this information in any way; further, you are prohibited from taking any action based upon the contents of this e-mail. If you have received this e-mail by mistake, please delete it immediately. For further questions call our office at 503-759-0291.
From: Kelly Richardson
Sent: Wednesday, October 17, 2018 4:47 PM
To: Andy Peters <apeters@cityofmolalla.com>
Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: NW Polymers
All,
I am still researching this but all indications so far is that this is a legal binding agreement signed in 2006. I will say that it doesn’t appear that any approvals were done however, it is signed by Mayor Clark.
In 2012 I have emails where Mr. Forristall is requesting the waiver of SDC charges for the fees associated with #6 of the agreement which is the City’s responsibility for all costs associated with the design and construction of a supplemental or alternative surface water drainage system. There is no response email from Chad in the file.
In November of 2012 they signed a tolling agreement to allow extension of there rights to claims in the future. Signed by Mayor Clark. I have estimated cost sheets of what the costs would be for storm drain projects. In July 2012 I have minutes where they discuss verifying the signatures of the 2006n agreement and ask staff to look at funding mechanisms to pay for this. There were resolutions prepared to approve funds expenditure beyond 10,000 however they were never approved or signed.
In speaking with Heather she remembers another agreement of some kind releasing Molalla from that responsibility. Which I have not located as of yet. I have not had time to look in the files upstairs yet.
Chad was involved with a lot of this situation maybe, we reach out to him and see if he has anything.
It would help to know what your looking for specifically. I have CC’d Dan because Heather indicated he was here for a portion of this and may remember the results.
Please let me know how much more to proceed,
Thanks,
Kelly Richardson, CMC
City Recorder / City of Molalla
117 N. Molalla Ave. / P.O. Box 248 / Molalla, OR 97038
503-759-0291 Direct / 503-829-3676 Fax
PUBLIC RECORDS LAW DISCLOSURE
This email is a public record of the City of Molalla, Oregon and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule.
CONFIDENTIALITY NOTICE
This e-mail message contains confidential information belonging to the sender or receiver. The information in this message is intended for the addressee’s use only. If you are not the intended recipient you are hereby notified that you are prohibited from reading, using, disclosing, copying, or distributing this information in any way; further, you are prohibited from taking any action based upon the contents of this e-mail. If you have received this e-mail by mistake, please delete it immediately. For further questions call our office at 503-759-0291.
From: Andy Peters
Sent: Wednesday, October 17, 2018 1:52 PM
To: Kelly Richardson <krichardson@cityofmolalla.com>
Subject: FW: NW Polymers
Kelly can we pull the file Gerald is referring to below? “4 Corners” File?
Andy Peters
City of Molalla
Public Works Operations Supervisor
(503) 829-6855 x220
Cell: 503-793-0507
117 N Molalla Ave
Molalla, OR 97038
From: Gerald Fisher
Sent: Wednesday, October 17, 2018 1:49 PM
To: Andy Peters <apeters@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Aldo Rodriguez <arodriguez@cityofmolalla.com>; Brenda Reiner <breiner@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>
Cc: Chaunee Seifried <cseifried@cityofmolalla.com>; Christie DeSantis <cdesantis@cityofmolalla.com>
Subject: RE: NW Polymers
They will need to meet the onsite detention and WQ standards.the storm facility on Commercial was only sized to take care of the road. They did not build according to the PW standards in place when they built their facility on the east side of the street. So, any new development will have to meet the current standards. The was some old agreement that the City would have to build any future storm detention for developing on Forrestals property, but that encumbered future Councils (not legal) and I don't think it was approved by the councIL at that time. Kellys would have to search to confirm. It's in the 4 corners file.
Sent from my Verizon 4G LTE smartphone
-------- Original message --------
From: Andy Peters <apeters@cityofmolalla.com>
Date: 10/17/18 9:33 AM (GMT-08:00)
To: Dan Huff <dhuff@cityofmolalla.com>, Gerald Fisher <gfisher@cityofmolalla.com>, Aldo Rodriguez <arodriguez@cityofmolalla.com>, Brenda Reiner <breiner@cityofmolalla.com>, Dan Zinder <dzinder@cityofmolalla.com>
Cc: Chaunee Seifried <cseifried@cityofmolalla.com>, Christie DeSantis <cdesantis@cityofmolalla.com>
Subject: RE: NW Polymers
We can ignore Storm until they submit plans, it’s strait forward enough, don’t you thing Gerald?
Andy Peters
City of Molalla
Public Works Operations Supervisor
(503) 829-6855 x220
Cell: 503-793-0507
117 N Molalla Ave
Molalla, OR 97038
From: Andy Peters
Sent: Wednesday, October 17, 2018 9:28 AM
To: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Aldo Rodriguez <arodriguez@cityofmolalla.com>; Brenda Reiner <breiner@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>
Cc: Chaunee Seifried <cseifried@cityofmolalla.com>; Christie DeSantis <cdesantis@cityofmolalla.com>
Subject: RE: NW Polymers
Dan,
If we had even preliminary estimates on the following four items from them, then we could “think over the edge” and get ahead of them, even before they apply for permits. And even if they can’t provide these numbers, if we understood what kind of incubator structures (who will occupy? Paint manufacturers? Or hair salons?) or had a conversation with them about Plastics Process water needs we could possibly estimate this ourselves. The best way to do this would probably to have a simple conversation with their Engineers.
- 1. Water Usage expected after full buildout. (will their new processes need induction hardening equipment and cooling water??)
- 2. Wastewater flows expected (will all the water in #1 go to sewer? Or will they discharge it as non-contact cooling water to storm or something.)
- 3. Wastewater characteristics (what’s going to be discharging in their sewer and how will it affect our plant, and our future pre-treatment program when it’s required. We don’t want to surprise them in 3 years with pre-treatment requirements they weren’t expecting)
- 4. Total trips generated after full buildout