The URL can be used to link to this page

Browse Search

Home My WebLink About20042477 PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 25, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR DISTRICT SERVICE PLAN, RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE me of Person Posting Sign Signat on Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this,;2.6 day of—L� , 2004. WITNESS my hand and official seal. 4 i O4 ait Not llublic� My Commission Expires: a /7/pig p EXHIBIT �j 2004-2477 I (i5 illt5 V? NOTICE gill COLORADO COLORADO A PUBLIC HEARING CONCERNING 4 THIS PROPERTY WILL BE HELD AT: Ci I1 Y )N SU:UST 3 �� , 2004 AT Ile 1.‘ ,1 PrC re 0:4400A00 il`; to TAME aitavka rces4 me. %e as ma: !EQOEST nt " ASE A9. '-XX 154.1 ACRES FOE MORE INFORMATION CALL ? VELDCOUNTY DEPARnWENT OF y PLANNING SFRYICFS .9T .,tix' (910)353-6109 ext. 3540 . 4' lf .W.1 its - I d�A' ; � ii EXHIBIT 1 JO Weld Co 11 y PI 0. 2004 "2McGEADY SISNEROS, P. C. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 ....A, 2 DENVER,COLORADO 80202 TELEPHONE'1303] 592-4380 FAC5I M I L E:13 031 5 9 2-4 3 8 5 MARYANN M.McGEADV SPECIAL COUNSEL DARLENE 515NERO$ KENNETH M. NOPROWICZ MARY JO DOUGHERTY MEGAN BECHER VALERIE D,BROMLEY KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M.ROWLEY July 26, 2004 VIA FACSIMILE AND U.S. MAIL Don Warden Weld County 915 10th Street Greeley, CO 80631 Re: Service Plan for Resource Colorado Water and Sanitation Metropolitan District Dear Mr. Warden: Thank you for the opportunity to respond to your correspondence of June 21, 2004 ("Letter") and follow up on our meeting of June 3, 2004 regarding Resource Colorado Water and Sanitation Metropolitan District. You have raised a number of issues that we will attempt to address in this letter and expand upon in our public presentations. As a threshold matter, it is important to underscore that the overall intent of the proposed District is to create an entity acting as a water wholesaler providing specific resources, facilities and improvements to third party Service Providers that will in turn provide public water and sewer services directly to customers. These Service Providers, such as towns, cities and existing water and sanitation districts are governed by elected boards with a responsibility to their constituents to provide quality services at a reasonable cost. Any service by the proposed District will be subject to detailed intergovernmental agreements between the proposed District and these Service Providers. We would like to further respond to the specific issues raised in your letter: 1. Paragraph 4 of the Letter expresses your concern as to the affordability of water and sanitation services to the end consumer. The affordability of services to end consumers will be continually assessed by the District. The initial assessment will be conducted prior to the District's issuance of its first series of bonds and at a minimum, on an annual basis thereafter. At the time of the issuance of bonds, the District will have a rate study prepared which shall set forth the estimated capital costs and operation and maintenance costs for the Improvements, as such term is defined in the Service Plan, necessary to serve the next phase of service demand. Pursuant to such rate study, the District will implement a schedule of rates, fees and charges which will provide sufficient g. EXHIBIT {00022789.Doc v:11 I —Vag__ Don Warden July 26, 2004 Page 2 revenue for the payment of principal and interest on the District's indebtedness, as well as provide the necessary revenue for ongoing operation, maintenance and capital repair and replacement of the Improvements. Additional assessment of affordability of services to end consumers will be conducted as a part of the District's intergovernmental agreements with Service Providers. At the time of negotiation of such agreements and during the implementation of such agreements, the District shall work together with Service Providers to set rates and maintain the facilities providing service. It is anticipated that the rate studies will include assumptions about the cost of the provision of services and the demand for services which will not only be provided by the District's consultants but will also be provided by and be subject to the scrutiny of the consultants of the various Service Providers pursuant to the terms of the intergovernmental agreements. We have attached information from Rick Giardina & Associates, a company which specializes in rate studies, in order to show the elements considered by and contained in a rate study. While the attached information is not specific to the District, it does provide a good overview of what can be expected in such a study as it is not possible to detail an operational budget for an end consumer in advance of the completion of the intergovernmental agreements with the Service Providers. 2. Paragraph 5 of the Letter expresses your concerns regarding the future operations of the District and its governance. The District is proposing that prior to the issuance of any bonds, and subject to the revisions to the Service Plan outlined in paragraph 3 of this response, the District must set forth a plan implementing a line of succession for operation and maintenance of the infrastructure system in the event that the current applicants and/or the Board would be unwilling or unable to continue the operation and maintenance of such system. In addition, such line of succession will be incorporated into the documents for such bond issuance, and the District will provide a copy of such documents to the County prior to any bond issuance. Based upon our own experience and the experiences of other similar districts in Colorado, we anticipate that the plan of successive and perpetual maintenance of the District's system will also be a critical issue to Service Providers and will be addressed in intergovernmental agreements with each Service Provider. 3. Pursuant to the concerns expressed in paragraph 8 of the Letter regarding the need for additional conditions and safeguards in the Service Plan, the District will consider the addition of the following language to the Service Plan to include a new Section X which sets forth those instances in which a material modification of the Service Plan would be required. The language contained in that new Section X is set forth below: Any of the following actions by the District shall constitute a material modification of the Service Plan requiring approval of a Service Plan Amendment (00022789.DOC v:I} Don Warden July 26, 2004 Page 3 by the County pursuant to a public hearing thereon: (a) the provision of water and/or sewer service directly to Customers; (b) failure by the District to have a rate study prepared prior to the issuance of any bonds; (c) failure by the District to implement a line of succession for operation and maintenance of the infrastructure system and to provide a copy of such plan to the County prior to the issuance of any bonds; (d) the issuance of general obligation bonds or the imposition or collection of ad valorem property taxes by the District; and (e) failure of the District to establish an Advisory Board within days of organization of the District. 4. An additional point raised in the Letter is a concern that the proposed structure of the District does not incorporate accountability by the Developer. As the owner of the subject water rights with the necessary approvals to export, the goal of the Developer in forming this District is to create a financing mechanism that can also be accessed by interested Weld County entities, among others to bring water to these Weld County communities. The Developer has engaged in a number of meetings with these entities and has designed this mechanism to meet the needs of all interested parties, including the Developer's future development plans. There is fundamental accountability built into this structure because the proposed District is a governmental entity, and as such the assets, the financial statements, the annual reports, the IGAs with Service Providers, the District's rate structure and all financings of the District, etc. are public. Specifically, the reports to the Commissioners, as well as to the Advisory Board, will include: (a) Changes in the District's taxing boundary or Service Area boundary; (b) Intergovernmental Agreements; (c) Changes in the District's rules and regulations; (d) A summary of any litigation which involves the District; (e) Status of construction of Improvements; (f) Annual audited financial statements of the District or appropriate exemptions from Audit; and (g) A summary of total debt authorized, issued and outstanding. {00022789:DOC v:11 Don Warden July 26, 2004 Page 4 The Advisory Board reports will also include three (3) year Capital Improvement Progress Reports, for both completed projects and projects going forward. Please feel free to call me with any questions. Very truly yours, MCGEADY SISNEROS,P.C. MaryAnn M. McGeady MMM/kc c: Kim Ogle Harvey Deutsch Joel Farkas Steven Deutsch Eric Chekal Jack Reutzel Chris Paulson Shayne Madsen Tom Bishop Sam Sharp {00022789.DOC v:I) July 29, 2004 Maryann M. McGeady McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, CO 80202 FAX: (303) 592-4385 Re: Proposed Language for Section X of the Service Plan for Resource Colorado Water & Sanitation Metropolitan District (Resubmitted: June 18, 2004) Dear Ms. McGeady: Upon review of your letter of July 26, 2004, and the proposed language for Section X of the Service Plan for Resource Colorado Water& Sanitation Metropolitan District (Resubmitted: June 18, 2004), I offer the following alternative language: Section X Any of the following actions by the District shall constitute a material modification of the Service Plan requiring approval of a Service Plan Amendment by the County pursuant to a public hearing thereon: (a) expansion of District boundaries; (b) provision of water and/or sewer service directly to Customers; (c) issuance of any bonds prior to a rate study being prepared and provided to County; (d) issuance of any bonds prior to submittal to County of intergovernmental agreements between the District and Service Providers for approval by County of provisions therein for lines of succession for operation and maintenance of the infrastructure system (such submittal must be made at least 45 days prior to the issuance of any bonds); (e) issuance of general obligation bonds or the imposition or collection of ad valorem property taxes by the District; and (0 failure of the District to establish an Advisory Board within days of organization of the District. Please let me know your thoughts regarding the above language. EXHIBIT I 2l Letter, mcGeady July 29, 2004 Page 2 With respect to point number 4 in your July 26, 2004, letter, I suggest the Service Plan state that the listed reports and information will be kept at the District office and will be available and open for public inspection any time during working hours. Please feel free to call me at (970) 356-4000, ext. 4390, with comments or questions. Sincerely, Bruce T. Barker Weld County Attorney pc: Don Warden Kim Ogle # 7/29/2004 16:30 x303-592-4385.5 McGeady Sisneros, PC Julia Dybdahl -*19703046498 2/3 • McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)5924380 FACSIMILE: (303)592-4385 MARYANN M. MCGEADY SpFCIAI COIINSFI DARLENE SISNEROS KENNETH M.KOPROWICZ MARY JO DOUGHERTY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S. KANDA JACQUELINE C.MURPHY GEORGE M. ROWLEY July 29, 2004 VIA EMAIL AND FACSIMILE Bruce T. Barker Weld County P.O. Box 758 Greeley, CO 80632 Re: Resource Colorado Water and Sanitation Metropolitan District Dear Mr. Barker: Thank you for your correspondence of July 29, 2004, regarding the proposed language for Section X of the Service Plan for Resource Colorado Water and Sanitation Metropolitan District (resubmitted June 18, 2004). We appreciate your prompt response to our resubmitted Service Plan and your proposed alternative language for Section X regarding events which would constitute a material modification of the Service Plan which would require approval of a Service Plan Amendment. The Applicant concurs with the substance of the events regarding material modification as you have set forth in the proposed language for Section X. However, as you and I discussed earlier today, we will continue to work with you in expanding on the proposed language for Section X to include a mechanism for implementing the submittal and review process necessitated by this provision prior to the consideration of the Service Plan by the Board of County Commissioners. In addition, with regard to your suggestion on point number 4 of our July 26, 2004, letter, we agree that the Service Plan should state that the listed reports and information will be kept at the District office and will be available and open for public inspection during normal working hours. Copies of the documentation evidencing the ownership of the property within the boundaries of the proposed District and copies of the recorded Court decrees for the water rights will be delivered by Federal Express to your offices for delivery on Monday, August 2, 2004. (00023223.DOC v:I} EXHIBIT g 7/29/2004 16:30 (303-592-4385.5 McGeady Sisneros, PC Julia Dybdahl-0.19703046498 3/3 Bruce T. Barker July 29, 2004 Page 2 Please advise as to whether any additional information is needed prior to the Planning Commission hearing. Thank you. Very truly yours, MCGEADY SISNEROS, P.C. Mon UAn r v1/4 -.- MaryAnn M. McGeady MMM:jkd c: Kim Ogle Steven Deutsch Joel Farkas Chris Paulson Harvey Deutsch Shayne Madsen Tom Bishop 00023223130C 3 22 3.OOC v:1} if 7/29/2004 16:30 0303-592-4385.5 McGeady Sisneros, PC Julia Dybdahl-.19703046498 I/3 MCGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)5924380 FACSIMILE: (303)5924385 MARYANN M. McGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M.KOP ROW ICZ MARY JO DOUGHERTY MEGAN BECHER VALERIE D. BROMLEY KATHRYN S.KANDA JACQUELINE C. MURPHY GEORGE M. ROWLEY Client/Matter: 667.1201 FAX COVER SHEET Name/Company: Fax Number: Transmitted To: Bruce Barker 1-970-352-0242 Kim Ogle 1-970-304-6498 Joel Farkas/Harvey Deutsch/Steven Deutsch (303) 740-8657 Tom Bishop (303) 764-5770 Chris Paulson (303) 615-5472 Shayne Madsen (303) 615-5472 From: MaryAnn M. McGeady Date: July 29, 2004 Re: Resource Colorado Water and Sanitation Metropolitan District Documents: Letter Number of pages including cover sheet: 3 Original will follow: Yes © No This facsimile may contain information that is privileged, confidential and exempt from disclosure under applicable law and is intended only for the use of the individual or entity to which it is addressed. If the reader of this facsimile is not the intended recipient, or the employee or agent responsible for delivering the facsimile to the intended recipient, you are notified that any dissemination,distribution or copying of this facsimile is strictly prohibited. If you have received this facsimile in error,please notify us immediately by telephone, and return the original facsimile to us at the above address via the United States Postal Service. Thank you. If you do not receive all pages, please telephone us Immediately at(303) 592-4380. t _ MEMORANDUM ' ° oFn3rtment t4TTO: Kim Ogle, Department of Planning July 28, 2004 ,,.' WineFROM: Don Warden, Director Finance and Administration COLORADO SUBJECT: Service Plan for Resource Colorado Water and Sanitation Metropolitan District In response to your referral concerning the Service Plan for Resource Colorado Water and Sanitation Metropolitan District I wanted to advise you that Bruce Barker and I met with representatives proposing the district on July 27, 2004. Based upon that meeting and their attached July 26, 2004, responses to my earlier concerns this is to advise you that with the amendment to the service plan being drafted by Bruce Barker in accordance with the concepts in their July 26, 2004, response I no longer have any objections to the Service Plan for Resource Colorado Water and Sanitation Metropolitan District , as amended. / ? ii / i, ,14(------,_ Resourcecolowaterspecialdistrict I. EXHIBIT McGEADY SISNEROS, P. C. ATTORNEYS AT LAW 1875 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FACSIMILE:13O31592-4395 MARYANN M.McGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M.KOPROWICZ MARY JO DOUGHERTY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M.ROWLEY July 26, 2004 VIA FACSIMILE AND U.S. MAIL Don Warden Weld County 915 10th Street Greeley, CO 80631 Re: Service Plan for Resource Colorado Water and Sanitation Metropolitan District Dear Mr. Warden: Thank you for the opportunity to respond to your correspondence of June 21, 2004 ("Letter") and follow up on our meeting of June 3, 2004 regarding Resource Colorado Water and Sanitation Metropolitan District. You have raised a number of issues that we will attempt to address in this letter and expand upon in our public presentations. As a threshold matter, it is important to underscore that the overall intent of the proposed District is to create an entity acting as a water wholesaler providing specific resources, facilities and improvements to third party Service Providers that will in turn provide public water and sewer services directly to customers. These Service Providers, such as towns, cities and existing water and sanitation districts are governed by elected boards with a responsibility to their constituents to provide quality services at a reasonable cost. Any service by the proposed District will be subject to detailed intergovernmental agreements between the proposed District and these Service Providers. We would like to further respond to the specific issues raised in your letter: I. Paragraph 4 of the Letter expresses your concern as to the affordability of water and sanitation services to the end consumer. The affordability of services to end consumers will be continually assessed by the District. The initial assessment will be conducted prior to the District's issuance of its first series of bonds and at a minimum, on an annual basis thereafter. At the time of the issuance of bonds, the District will have a rate study prepared which shall set forth the estimated capital costs and operation and maintenance costs for the Improvements, as such term is defined in the Service Plan, necessary to serve the next phase of service demand. Pursuant to such rate study, the District will implement a schedule of rates, fees and charges which will provide sufficient {00022789.DOC v:1) Don Warden July 26, 2004 Page 2 revenue for the payment of principal and interest on the District's indebtedness, as well as provide the necessary revenue for ongoing operation,maintenance and capital repair and replacement of the Improvements. Additional assessment of affordability of services to end consumers will be conducted as a part of the District's intergovernmental agreements with Service Providers. At the time of negotiation of such agreements and during the implementation of such agreements, the District shall work together with Service Providers to set rates and maintain the facilities providing service. It is anticipated that the rate studies will include assumptions about the cost of the provision of services and the demand for services which will not only be provided by the District's consultants but will also be provided by and be subject to the scrutiny of the consultants of the various Service Providers pursuant to the terms of the intergovernmental agreements. We have attached information from Rick Giardina &Associates, a company which specializes in rate studies, in order to show the elements considered by and contained in a rate study. While the attached information is not specific to the District, it does provide a good overview of what can be expected in such a study as it is not possible to detail an operational budget for an end consumer in advance of the completion of the intergovernmental agreements with the Service Providers. 2. Paragraph 5 of the Letter expresses your concerns regarding the future operations of the District and its governance. The District is proposing that prior to the issuance of any bonds, and subject to the revisions to the Service Plan outlined in paragraph 3 of this response, the District must set forth a plan implementing a line of succession for operation and maintenance of the infrastructure system in the event that the current applicants and/or the Board would be unwilling or unable to continue the operation and maintenance of such system. In addition, such line of succession will be incorporated into the documents for such bond issuance, and the District will provide a copy of such documents to the County prior to any bond issuance. Based upon our own experience and the experiences of other similar districts in Colorado, we anticipate that the plan of successive and perpetual maintenance of the District's system will also be a critical issue to Service Providers and will be addressed in intergovernmental agreements with each Service Provider. 3. Pursuant to the concerns expressed in paragraph 8 of the Letter regarding the need for additional conditions and safeguards in the Service Plan, the District will consider the addition of the following language to the Service Plan to include a new Section X which sets forth those instances in which a material modification of the Service Plan would be required. The language contained in that new Section X is set forth below: Any of the following actions by the District shall constitute a material modification of the Service Plan requiring approval of a Service Plan Amendment {00022789.DOC v.1} Don Warden July 26, 2004 Page 3 by the County pursuant to a public hearing thereon: (a) the provision of water and/or sewer service directly to Customers; (b) failure by the District to have a rate study prepared prior to the issuance of any bonds; (c) failure by the District to implement a line of succession for operation and maintenance of the infrastructure system and to provide a copy of such plan to the County prior to the issuance of any bonds; (d)the issuance of general obligation bonds or the imposition or collection of ad valorem property taxes by the District; and (e) failure of the District to establish an Advisory Board within days of organization of the District. 4. An additional point raised in the Letter is a concern that the proposed structure of the District does not incorporate accountability by the Developer. As the owner of the subject water rights with the necessary approvals to export, the goal of the Developer in forming this District is to create a financing mechanism that can also be accessed by interested Weld County entities, among others to bring water to these Weld County communities. The Developer has engaged in a number of meetings with these entities and has designed this mechanism to meet the needs of all interested parties, including the Developer's future development plans. There is fundamental accountability built into this structure because the proposed District is a governmental entity, and as such the assets, the financial statements, the annual reports, the IGAs with Service Providers, the District's rate structure and all financings of the District, etc. are public. Specifically, the reports to the Commissioners, as well as to the Advisory Board, will include: (a) Changes in the District's taxing boundary or Service Area boundary; (b) Intergovernmental Agreements; (c) Changes in the District's rules and regulations; (d) A summary of any litigation which involves the District; (e) Status of construction of Improvements; (f) Annual audited financial statements of the District or appropriate exemptions from Audit; and (g) A summary of total debt authorized, issued and outstanding. [00022789.DOC v:I) Don Warden July 26, 2004 Page 4 The Advisory Board reports will also include three (3) year Capital Improvement Progress Reports, for both completed projects and projects going forward. Please feel free to call me with any questions. Very truly yours, MCGEADY SISNEROS,P.C. Y —ti.1....-- MaryAnn M. McGeady MMM/kc c: Kim Ogle Harvey Deutsch Joel Farkas Steven Deutsch Eric Chekal Jack Reutzel Chris Paulson Shayne Madsen Tom Bishop Sam Sharp (00022789.DOC v:1) JAN-12-2004 14:34 MEURER 8 ASSOCIATES 3039953800 P.02 • Rick Giardina & Associates, Inc. ; Qualifications and Expez fence t • i T. Introduction. • t ; This qualifications package provides a summary of Riclf Giairdma&:Associate's, j Inc.'s (RGA's) financial and managerpent consulting se'vicgs. RCA is a well' , A established him dedicated to delivering the highest,guality service. to public and - private sector clients: • Our personnel have provided financial, pricing,and mapageMentconsulting „ services to over 200 government utilities throughout thr U.Si, Canada, the United • Kingdom,and Central America. Our.experience and sgrrices'mclude: • • • • Financial and Economic Planning Studies • - Water, Sewer, and Storm Drainage Cost of ServiceandRate Analysis • Developrneat/Impact Fee Studies • • - Capital FinancialPlanning andForecesting j - Economic Feasibility Analysis. ; Business License Fee Studies ' - Indirect Cost Analysis .• Municipal Solid Waste Planning&Analysis; ' ' '• • r • Bond Feasibility Analysis • Management Consulting - Organizational Structure Review • Management Audits : - Skies and Procedures Revievi Operating Practices Review • Testimony and Litigation Support I I ; • - Arbitration and Mediation - Rate Filing and Reponng i . -• • - Privatizaaon/Altemative Service Delivery - Request for Proposal Preparation Please include RCA on your list of contacts for the abolte services, and call us if ' you are interested in any of the services we provide, For adr4itional information about us, please call us or visit our website at www rEiarditeiassoc.corn. • • The following sectioes,provide a more detailed description of RGP;, inducting personnel background and experience , li ' • A 1J . . 1I JAN-12-2004 14:34 MEURER 8 ASSOCIATES 3039853800 P.03 4• Rick Giardina &Associates,Inc •as cariQrt4 and Expgrtenr I II. Qualifications and Experience i' Salt Lake City, Utah A. Firm Qualifications and•Experience , ! I • . service from 1993 to RGA's • Rcapability to provide water, storm drainage, solid.waste and I • • currentsewer rate services, develop impact fees,;atid complete a variety of financial planning and analysis studies'is supported by yearS of repeat El Paso. raw,service service to many clients. RGA has developed a consulting practice I Pram 1959 to CUMIN utilizing well-understood!and:accepted methodalogies'for water and Chandler.Arizona, sewer rates, and impact fee studies,based on years of experience. ln! b '24scrwcefrom ?993 to , 25 years, Rick Giardina has been involved,in,over lOL:financial, egsq, ; • current of service,and fee studies, lcading.associates.and staff by stressing I. • the importance of providing obnsistent and clearly understandable i Aurora, Colorado, results. As a member of the AWWA at and Char b service from 1988 w eS; g Gomrnittee,11 current Mr. Giardina is chair of a working group',preparing the fitrst'edivion of the Small System Rate lvf'anuttl. $e is foranprly a.membet cif the Broomfield, Colorado ' Finance,.Accounting and Management Coghrols!Committee, during service from 1993 to which he chaired the re-writing of M29 -.Water:Utility C current ty dpital Financing, He is currently a member,of thd.WEF, Asa Member of ' I Thornton, Colorado - these committees, he has participatedin the development bf industry • servicefroot 1994 to guidelines regarding ratemaking practices. Cu/rent 1 , . At the request of utility providers and/or otli.er rate consultants,he ha$; I' • • served as an arbitrator in rate disputes covering a variety, of cost of se`vice and i• j: rate design? issues. • • The key to RGA's ability to sustain client relationships is a disciplined approach with a focus on quality, consistency, and clarity of results. the manageinenu of projects involving regulatory or government approval requires these disciplinrd I approaches in order to achieve credibility,; As a matter of.practice,.RGA mast provide clients quality services with results that can withstand public scrutiny or risk becoming obsolete. The ability of RGA to•develop andpiesent results of ; ' 3 studies to city councils,boards, commissions, and tpe,public, enables us to maintain long lasting client relationships. • In addition, RCA assigns projects to experienced seniorlevel,consultants that i understand the importance of strong cotununications with clients,and?keeping projects on schedule. The consultants ancr staff at RGA bring advanced skills and • a broad:base of experience with municipal';and regulated!ytiliti;es. The ' productivity and quality provided by experienced consultants is the added value • I. RGA endeavors to bring to each project, . j, , • • I. A I; JRN-12-2004 14 34 MEURER a ASSOC]RTES 3039853600 P.04 r Rick Giardina et Associates,Inc ati cario and Fxperiencie i' ay Its I .III. RGA Staff and Resources , • ; i This section contains abbreviated resumes for RGA professional staff. • • • Our team consists of senior level consultants that proyiile,a diverse background of . • skills and experience from which clients can gain added value. Strong.in-depth • experience with utilities (water,wastewater, solid!wastt, storm water,electric,. • • ' and natural gas)is one of RCA's key traits. • Rick Giardina,CPA �residerft Mr. Giardina takes primary responsibility for each engagement, including overseeing the technical approach for projects, commitinent•of appropriate resources, review of formal deliverables, and the quality control neceato the high standards of RGA. He also directs on technical aspects of stia�djes and•m ' . participates in presentations and meetings with staff to ensure our clients' needs are met. ., , Rick is a welt recognized national authority on utility financial planning and rate j: design. He has worked on over 100 utility cost of service,and rate structured • • throughout the U.S. including projects in Canada,•tye U:K..atrd Panama. Much of . his experience is in the area of financial planning,•conservation pricing,and the . development of alternative pricing strategies encompassing both retail and wholesale for special service arrangements. He has over 25 years Of experience it •, the analysis and review of accounting and.fmancial data for various types of municipal,operations, regulated utilities and energy-related concerns. ,lie has also • prepared and presented expert witness testimony before state utility commissions ' , and in litigation matters, and has served as an arbitrator regarding N holesale , ' . service arrangements. i He is a member of the Rates and Charges Committee of the American Water : f '• Works Association (chair of the working group tasked with producing the Small Systems Rate Manual) and a former member of the AWWA Finance,Accounting :, and Management Controls Subcommittee for which he was co-chaired df a • working group that has re-wrote the M29- Water Utility Capital Financing manual. He is also a member of the Water Environment Federation Financing ' and Charges Task Force (chapter author for the ref write of the WEE rate manual) . . and served on the Technical Review Committee for an P•4 sponsored study examining public-private partnership opportunities for•Smaltsewer treatment .2', ii II k; JAN-12-2004 14:35 MEURER 8 ASSOCIATES 3039853600 P.25 Rick Giardina•&Associates,Inc, ell alilcationr•endEExperienc{r I. • Joel Theis hfanizgcr Mr. Theis has over 17 years of experience in utility planning and financial I ` analysis. He holds an M.S, in Natural Resource &bnorgics;and an Iv .S. in i ' Finance, His experience includes having project management andprirnary i' t technical analysis responsibilities for cost allocation and rate design studies, ' ' military utility privatization projects, lifecycle cost analysis, eeonqutic feasibility studies, cost-benefit studies, and facilities investnlept planning. His;rrtest recent experience includes related projects for governmental Utility providers in Colorado, Utah, Arizona, and Wyoming, His responsibilities includekompleting r key technical analyses and directing junior consultants yin the development of models, in addition to performing technical and qualitycontfol reviews. Mr . Theis also develops and writes reports, and presents the.results:forfih31 approJal. For recent projects he has prepared revenue requi epnents,and costtof-;service • analyses using both utility and cash-needs approaches. Mr. Theis developed a . justifiable rate of return for use in the utility basis?of revenue .. ( i• requirements, He has also completed several wastewater utility studies,inciudin• $ start-up considerations, cost-of-service and rate design,;and an evaluation comparing the financial characteristics of centralized and decentralized wastewater treatment systems. Mr. Theis has developed many long-term cash flow models to assess financial performance in addition;to developing several : ' alternative rate designs. In many instances the results of these'analyses have beet presented to citizen committees, city councils, and other.decision makers, Other , I, projects involve financial models for large-scale water resource plan tig projectsf and impact fee studies for water, sewer, and general fund services.' . • Throughout Mr. Theis' career, he has also completed several-peer review studies • involving the evaluation of work performed by other ctultnnts OT utility staff. I. In regulated utility rate proceedings he has developed interrogatories for commission staff and responded to interrogatoriev from;commissicfn;staff in ; • , support of rate and planning studies. . , • ' i . In addition to his water and sewer rate experience;Mr. Theis. spent extensive time( i• working on utility privatization projects for the U.S.Air Force. This experience ;. included developing O&M costs and capital renewal and repIacement;cost schedules'for water, wastewater, gas, and electric utilities, hi addition to helping the Air Force sell their utilities to the private sector. Thiou,gholit his; Career, Mr. I j Theis has performed many utility-related and resource economics studies involving lifecycle cost analyses,pro forma cash flow apalyttes;and detailed capital project financial viability analyses, , • Kevin Burnett Senior Consudda, 1: Mr, Burnett is a consultant with RCA and has participated in rate and financial planning studies including recent projects with the cities of Chandler, lake . . Havasu City, Bullhead City, Prescott, and Prescott'✓alley, Arizona Park City, !: Eb Ii JAN-12-2004 14:35 MEURER & ASSOCIATES 3039853800 P.06 Rick Girrrdina.&c Associates, Inc. uali, ctrnons 4nd C iA ,. Experick to South Ogden and Salt Lake City, Utah, the City and County•ofBrdolrifield, the j, City and County of Denver, the Town of Castle Rock, and he,Cityk ofLittleton ;, :. '`: • and Aurora, Colorado. Mr. Burnett has developed cash:flow Statements for. several water and sewer utilities managed by the above!cheats, and coordinates data collection and analysis efforts as:well as the design and;development of cost I ' of service analyses and rates for both.water and sewer service: • • I ' Mr. Burnett often has the responsibility of coordinating,data•gathering activities ' ' and for the quality control of study data. Other experience includes rate and fee , surveys, various modeling analyses, rate alternative analyses,:and associated •research. • • ' , • Andrew Rheem Consultant Mr. Rheem is a consultant with RGA'and has participated in numerous rate and " financial planning studies including rcceut projects•for Lake Flavastt City, Chino Valley, Chandler and Prescott, Arizona; Fort Lupton the Northern Colorado Water Conservancy District, South Metro Water Supply, Colorado and Salt Lake! . • City,Utah. Recent projects include general fund in}pae$ fee:development,and ;, water and wastewater rate studies. Mr.Rheem has developed.cash flow,cost of • i service and rate design models, and assisted in cost of service'analysis for water i, i • and sewer utilities for the above clients, His experience also includes rate surveys! 'I t ;' and the tabulation of rate and impact fees for many,utilities across the U.S. : '• • • IV.' Client List by Topic and Location . • . The client-list providod on the following page contains plients'ofRGA's organized by the type of service RCA offers clients • 1 • -1 ' •I A j , JAN-12-2004 14 35 MEuRER a ASSOCIATES 3039953800 F.0? Rick Giardina dissociates.,Inc 2trolifrcaFenalamd F,xperiencie • • L ,;, , r, Ra:A Client .1 ; Cost afServrcr./Rate Stah at Cost ofSmic✓Rare Stadia(cant.) Prirarisanon Analyses Bullhead City,AZ Edmonton,Alberta, Canada.Chandler,AZ Tliomt C O District of Chilliwack,British Sanibel,HL . ' Gilbert,AZ • Columbia,Canada Masaachysetts Water Resource "s,r Glendale,AZ Winnipeg Waterworks,Ware& Authority, Lake Havasu City,AZ Disposal Dept.,Manitoba,Canada ' Mietropolitan Council of Phoenix,AZ gnvirtinmental Services,MN i Prescott,AZ Litigation Support/Arbitration So Preseoa Valley, AZ Chandler,AZ Seattle Water�P amamt WA San Jose,CA Prescott Milwaukee McQbpalitan Sewerage ,AZ DisMa, WI , i a Santa Rosa, CA ; Acme Fill Corporation, CA LAramic,:Wy 4: 'Tucson,AZ • I Los Angeles,CA : Al Aurora,CO Alberta I Caaporut on BS Unjitic�; Boulder, CO Ropers,MajesM,P.C., Alberta,Canada • Colorado Ute Water District,CO Panama Water Authority,Panama' Breckenridge,Co Trout&Raley,P.C.,CO • s >. Broomfield, CO Hill,Ward&Hen ` ,, Castle Rack,CO d�� P.C.,F1 Firianci !PrwibiG I Bay County,MI Glendale,AZ•• ' City&County of Denver CO Holland Zeeland,MI I Lake Havasu.City,AZ Denver Water Department,CO Kalamaroo(Portage,MI CFtard,CA Littleton,CO Bush,Craddock,P.C.,TX BaoortiAeld,CO Steamboat Springs, CO Edmonton,Alberta, Canada &Co�`. �, F,rttyofDpnver,CO Thornton, CO KY Energy,Deaver CO. , III Honolulu,HI Impad Pee Studies TL1view Metropolitan•District C( Jackson County,ICS Chandler,AZ .Univenity o>;'Cblprado, CO . Johnson County Water District Chino Valley,AZ ,Salt Lake.City,:UT No. 1,KS Fountain Hills, AZ Pthsuont I• Disposal Wichita,KS Gilbert AZ County Solid Waste . , Albuquerque, NM Parker,AZ poeeL Distrjg,Bo . Joint Powers Water Board,Green! Oklahoma State University Phoenix,AZ River/Rock Springs, WY I' • Telecommunications Center, OK Preston Valley,AZ National Rivers ftifharity,Englat tl Dallas, TX Rohner Park,CA Donna,TX(North American San Jose,CA Ace4iti1ion An4 its Development Bails) Santa Rosa,CA Ptiunrala Halls,AZ . ,, . El Paso,TX Aurora, CO i Clupatral witty District,CO' I' Fab ens, TX(North American Boulder,CO Santa Fe,NM Development Bank) Breckenridge,CO Fayetteville,NC • La Soya,TX(North American , Breckenridge Sanitation Dist.,CO ; Bristol County Water Autttoritje, Development Bank) Broomfield, CO Sugar Land,"IX Littleton,CO • • Mo i4acenr Or!,ganizarional3nr ' Webb County,TX(North American Steamboat Springs,CO Neg;loa,AZ{North American Development Bank) Thoioton,CO • Development Bank) • Cedar City,UT Honolulu Hi Phoenix, AZ i :. ' Holladay City Corporation,UT Johnson County Waterbistrict Ranch few itan 'Park City,UT No. 1,KS Diatact,COopn{ Provo,.UT El Paso,TX 7liozntop,Cq Salt Lake City;UT Metropolitan Water'Disttict.of ' Myn'opolitan.9 Louis Sewer' I; • So.Ogden City,UT Salt Lake City, UT Ilisalct,.MO !' Seattle Water Department, WA Ogden City,UT Donna,TX(North American Jackson, WY Salt Lake City,UT pevelo Sheridan,WY g Watnt Bank) Jackson,WY WlhdPeg;Wa[av!ofics,Waste dC Regional Municipality of Ottawa- Sheridan, wY Disposal Dept;,.Caaada - ' • Carlton, Canada; A r ,i1 SAN-12-2004 14:35 MEURER 8 ASSOCIATES 3035853600 P.OE I( i §£: Richard I) Giardina I . Preside • • A f • Professional gitrory: Representative ProjectEstperience: ' I' Rick Giardina&, , i M, • • :: I i. , Giardina has been involved in over erivirotimental 4 Associates, Inc. • Raflelis Environmental projects serving both the private and public sector.; His experience' : 1t Consulting Group spans numerous technical areas and industries: A representative I. . .+ ,.ii • Ernst & 'Young sample of his relevant:experience follovjs. ' ; • Stone & Webster • Colorado Public Utilities • Mr. Giardina completed a the Town's Citizen's Utility ;I Commission •comprehensive water, Rale Advisory Committee l • wastewater and solid waste Dosing these sessions the ;. . . Technical'Specialties: utility financial planning study i ' consultant team•pnefed the ' for the Town of Gilbert, Colnmiude on relevant issues 1' • Utility Cost of Service and Arizona. The utility financial ' andused feedback to assist in Rate Stricture Studies plan, covering a five-year study the'Ifotmt iatioit.pt'. ' • Litigation Support horizon, provided the Town ' ' , - recommendations regarding • Economic Feasibility with a cash flow and financing. ' : the financial,plaas and rate ;; — Analysis • plan for the Town's utilities, ; structures. i• • Privatization Feasibility an evaluation of alternative ' ;! and Implementation water rate structures and • ,- For the Town pf Prescott ! Studies • recommendations for the full . Valleys Arizona,Mrt iardiaa!' '? • Impact Fee Studies recovery of costs associated ' conducted''wagtd'and sewel• ' i i • Management and with other utility services such rate study. The study I Operational Audits as hydrant changes, customer independently assessed and • Policies and Procedures account services, etc. eviiluated the existing rule • Review ' str�catres;'and;connection • j, :; • Operating Practices Additionally, he developed a charges or impact'fees. 'Tht i; Review process for identifying the cost stuffy also inducted; • Mergers and Acquisitions of services provided by general remmtnendatiduis as to how a • Valuation Services fund departments to the the rates anciclorwgction .. . f. • Rate Filing and Reparting utilities. This process charges should',be fairly and ,,' : , essentially quantified indirect equitably stnctw eii'to meet ' Professional Registrations: cbarges to the utlities and will cutvtnt and fuurb:fiscal: be used by the Town each year rcquirements.off the Town. j! • Certified Public as part of the rate Mr. Giardina,ldd;a 20-member.• , Accountant. determination and budget j ' citizen comminelefthrough a U . pretreatment program ' series of six meetings during I::.! Education: including the process. As part wh(�ch he,presepted utility rate, , of this study, a comprehensive ' and financial planning !` ' • BA Business, analysis was completed of the corjgepts, rate di sign Town's industrial development alternarives•snd,tipecific user ; r College Administration, Western of excess or high strength • chalgc•and impact fee j! State g charges, permit fees,and ' recbrnmendatienR: industrial pretreatment flow . • Boards: charges. ' . ;• Mr. Giardina cbrn lcted 'a ,. H codiprc ensive water and i' • • East Cherry Creek Valley Mr. Giardina led meetings, wa;fewater,utiliit !Enancial' ' Water and Sanitation throughout the project with planting studyifon,the City aft' : District ' Chandler,'Arizoaa, The:utility li ' lA I. { JAN-12-2004 14:35 MEURER 8 ASSOCIATES 3039653600 P.09 • • H . 1 .. Richard I). Giardina " -:President • Instructor/Lecturer/ financial plan, covering a five- of sales and use taxes and tithe; Panelist: year horizon, provided the "nontraditional"i mechanisms , • City with a cash flow and including pubt private • American Bar Association financing plan for the City's partnerships P ,,apd "managed American Water Works water and wastewater utilities, competition •[" e also Association (AWWA)Wor an evaluation of alternative examined debt capacity issues I Canadian Water and water rate structures and • as Well as affv ''bili recommendations for the full rY Wastewater;Association eva1u ho3ds" as :dart of the. • i, tit • Colorado Hazardous Waste recovery of costs associated • evaluation of state funding , Management Society with other utility services such ' options.. •• ' '; • CON5ERV as hydrant changes, customer Government• Finance account services, etc. lie also completed a detailed Officers F tttion sewer rate study and assisted ::, (GFOA) Additionally, he developed a the:City.in preparing for a •National Association of p ocess for identifying the cost ` : bond election.; Regulatory Utility or services provided by general • ssiogers fund departments to the City Mr:Giardina assisted the utilities. Thisprocess •'National Water Resources Anemia i Water;pistrico • Association essentially quantified indirect Ariaona in developing cost: • Water Eaviionment charges to the utilities and,will based rates.for'its Take • Federation (WEF) be used by the City each year as • Pleasant wastewater part of the rate determination operations. This analysis • ProfessionalAfjiliations: and budget process. As part of resulted•in tlbe determination I this study a comprehensive o°wartevreter user charges for • American Water Works analysis was completed of the District operations and its on City's industrial pretreatment other customer, a:concession I • Association' program including the operator, locoed at Lake• Rates and Charges development of excess or high Pleasant. ,Rategp wore based o0 Subcommittee strength charges, permit fees, ; tbe,utilit basie.fot estimating;• Private Sector Financing and industrial pretreatment Yi } Subcommittee of the P provide ra reai hnblc that flow charges, provided a reasonable return t• Construction Admin. Committee i gm:District for its investmen • Mr. Giardina was part of a team and recognized the demands • Competitive Practices • working with Lake Havasu placed by•the concession • Committee City, Arizona to evaluate and operator en the )istrict s• Water Hnvironment determine funding sources and • system including tiie 60,0hb ;I; Federation i mechanisms for achieving the f • •Financing and Chargesan a per day; treatment plant Financing g objectives of the master plan. and'effluent dispnsa] system. i Task Force He was engaged to conduct Mr:'Giardina t'4ici ated in • American Institute of independent investigation into. . meetings withbisrz'ct Certified Public funding options available to the maaagensent,andj sessions with Accountants City under existing laws, the;concession; operator; • Rocky Mountain Section legislation, etc. This included • • • (P.MS) AWWA/WEF;, , the determination of a sewer: • • • ; (RMSAWWA/WEF) and impact fee evaluation of • • ' Arizona Water & available state funding under I ,I ; Pollution Control the revolving loan program, Association (AWPCA) availability of grants, the use , . a. JAN-12-2004 14:36 MEURER g RSS0CIRTES 3039853800 P. 10 • • Richard D. Giardina President,'•: •Since 1993,,for the Utilities Department of used to assess the capability bf the Salt Lake, Utah Mr. Giardina has worked with recommended 'capacity charges•to generate its City Council and Utilities Department in P revenues over the study periods sufficient to ! , the analysis;of utility rates, completion of a support the planned capital improvements,: f t management and organizational review, and general government and utility impact fees. • For the Town ofClhino•Valley Arizona, Mr. . Recently he completed a water rate study that Giardina served as Project Manager to ! _ included the preparation of a cost of service calculate impact fens for vrrions categories oft study, evaluation of alternative rate structures; the Town infrabuuctutre. Impact fees were i .. • all within the context of a 20-plus member calculated.for facilities in:ihe' following areas: t• citizen comtnittoe. police, library,'•parks and recreation, general I • government and roads. The let calculations& i • For the City of Phoenix, Mr. Giardina served developed were based on threeiseta of ; . as Project Manager on an engagement to information; 1) coat of necessary conduct a long-term planning study. Re was infrastructure to deliver services,co current retained to develop a long-range financial service levels as the Town grevf,based on a. planning model of the:City's water and current inventory of assets of An updated CIP; • wastewater utilities. The models, to be used by 2)projected land u¢e distribution:through builds- . Department,Management and the Natural Out; and 3) current units:and square feet of t t Resources subcommittee of the City Council, developed land for tesidential.and cotnmcrcialt ;i has the capability to examine alternative land uses, f funding sources for the capital improvement x ` program and project results of operations in • For the City of Prescott, Arizona, Mr. overall cash flows, The financial-parameters Giardina conducted:a DeVelopmqu Services ; of the City are incorporated into the model so Cost Allocation and Service Level Study. The that such indicators can be readily reviewed to following tasks were perforrriec: •ensure that debt service coverage requirements - flowcharts of Presodtt's private- are met or that the use of debt to fluid capital development service.processes and servioe . projects does not exceed target levels, levels were devcloped; - a description of.private development i As part of an.ongoing contract with the service-related revenue cua-eittty received bX • • Department)be.converted this model for use the City; with the Wastewater utility. The wastewater - matrices outlining current costs associated ; .,• • financial planning model was enhanced so that with the.City's private :development scrvicea f ' the revenue requirement can be projected by (including costs associated with desired • customer-class. The primary reason for this • service level;enhancements, lf,applicable); ,I • .. enhancement was to provide the Department - recommended fee schedules f make the ! . with the ability to analyze the impact that private dcvblopmcnt services ".self anticipated upgrades to the City's two sufficient" (fee schedules Will,include an wastewater treatment plants would have on analysis of private development :Services various customer classes, These upgrades were that could be considered far the general 'necessary in order to comply with anticipated benefit of the comminity), And.: :; NPDES penttit requirements, a comparison of the current Mad-proposed i • . City fee structures,with five dr•six j :i • For the City:ef Bullhead City, Mr. Giardina comparable eomthunines • served as project manager to evaluate the . City's current wastewater capacity charges and - For the El Paso Water Utilities:Public Service! • user rates as,well as the preparation of a multi- Board, Mr: Giardina served,ts project Dirceroi year financial plan. The financial plan was on.an angagejrient to conduct a long-term i : Pc . . j. • .6 • .,A JAN-12-2004 14:36 MEURER a ASSOCIATES 3039853800 P. 11 • w Richard D: Giardina • I President water and sewer raw and financial planning Water rates.were developed using the base '° study. The Board's service area has one of the extra capacity approach with volume charges t ' lowest per capita income levels of any major differentiated]between single-family, mditi- metropolitan city. Additionally, its location family, commescial.and irrigation•'classes i in the desert southwest has created numerous Private fire ptotec[ion'charges;were also supply and operational problems during Y P periods developed; • ,. •of peak water demand. • ; ' • ! j i , • Recent work with the City iriclndcd•updates Co The purpose of this study was to evaluate a the utility financial planning models u well as , • number of pricing attematives'including the the preparation of recommended financial Board's inverted residential block structure and policies, and development:of•rates in regponsei,', excess-use approach for non-residential to sever; drought conditions; j i' customers. The selected rate strueturt: - excess I • use for all customers -was designed to balance • For the City of Thornton, Colorado, Mr l ' both of the previously mentioned, concerns. Giardina served as Project,Director in Demand reductions were projected based on conducting a Water and wastewatet financial :price elasticity estimates so that when plan and system development fee.study.. This! I , considered within the spectrum of a plan, covering:a fifty-year horizon from the comprehensive water conservation program, date of completion, prpvided the City with I pet capita usage would decrease from 200 to revenue anc ctipensie projections for both the ; 160 gallons;per day by the year 2000. water and sewer funds, inolueing debt service I; coverage, cash:position and fund,balance i He has subsequently assisted the Board in the information. !The plan encoptpassed the • :development of outside city retail and results of ourireview of miscellaneous or . wholesale user charges; and worked with the specific service charges, environ n.ontal Board and an appointed Citizen Capital compliance foe analysis and devglbpmerit fees; Improvements Advisory Committee to The deliverable from this effort was a develop a Water Supply Fee (impact or system spreadsheet,' financial planni4gjraddel i' • development fee for the cost of new water reflective of rates, fees and charge's ready for resources). implementation by the City, pt..user charges .`; calculated by the model werc.based on the For the City of Aurora, Colorado, Mr. Giardina City's current philosophy and policies relating served as Project Manager on a water, to the establishment of rates." : ' wastewater and stormwater rate and financial I' planning study. Both user charges and tap fees Recommendations for development fees were , were examined during:this study. Automated given to the City using the evaluation of ! financial pleats and cash flow statements were alternative calculation and assessment developed for each utility and further methodologies. The deliverable was•a segregated into operation and system technical mtrngrandum descrfbing'rhe.results i ' development. This was necessary to recognize of our revieW of the current and alternative the City's objective relating to growth paying methodologies for determining and assessing r. its own fair Share. During this study he also development fees. Our deliverable also ' ' examined several alternatives for.determining included a'sprieadsheet model•of'the current • appropriate transfers from the City's: utility approach with refinements agr ed;'to by the operations to the Geneml,Fund. 'these City based,on;our technical rev eW; ' included a payment-;adieu-of•taxes transfer and a transfer based on a rate of return • Mr. Giardina serves( as Project'Director for,thu . concept. City and County of:Broomfield, f..:olorado to !' ' conduct a corhprehensive utility finertcial planning and system development'or impact ! l' • ' 4`' JAN-12-2004 1 36 MEURER 8 'ASSOCIATES 3039953800 F. 12 {{ • 3 I , 'Ir , Richard D. Giardina Preaiderr• t i I I • fee study. The utility financial plan, covering current water,and sewer ratelpricing • a eve-year horizon, provided the City with approaches and procedures: Aiplan was; . I revenue and expense projections for the City's developed for assigning or aIloeagng each'; l water, sewer and reclaimed water funds, component of revenue requirements to j including debt service coverage, cash position specific utilityfunctions. 'The plan consisted I ::: ,. and fund balance information. The plan of a specification of utility functions based ory' t encompassed the results of a CIP review, the assessment of infortn.ation:availablc.for I ' miscellaneous or specific service charge the cost of service analysis, as well as a ' ! ' ' analysis, and system development fees. delineation of,lhe prooedures to be employed I I • a''! System development charges for water and to accomplish a comprehensive' lsi 2; P � b� P K''a gnment oil ' sewer operations were designed to approximate allocation ofrevenue requirerr}ent the capital oast of serving a new customer. ,components. ae developed.a plan for . Evaluation of alternative calculation and classifying revenue requirements among the i ,: • assessment methodologies were included in this different types of customers: ' area. I • For the City of Boulder, Colorado, Mr. The project also included an evaluation of Giardina was:the Project Manager:on an! L .' issues associated with funding storm drainage engagement to conduct a water and wastewatet , capital and O&M requirements, as well as rate study. As,part.of this project he • potential organizational alternatives. examined a nutttbec of traditional and ih . Additionally, he evaluated water pricing innovative price methodologies•with key :I structures designed to achieve,the:goals and consideration to the City's philosophy of 'j, objectives ol'the City. These included rate and . "growth paying foil-ow-di'', Th'i's philosopby,: ;'. revenue stability, equity and conservation. required our consultant team,to:evaluate • ` alternative methodologies,for developing user: Mr. Giardina was the Project Director on an charges and plant inveetrnent or'tap fees. • ' engagemenrto conduct a comprehensive rate Alternative impact scenarios•w,ere:made and financial planning study for the Honolulu possible with,the development• ,f an Board of Water Supply. As part of the study, automated rate model w•hich'not only • ' ! , • he developed several alternative rate developed specific rat:causing using a variety of methodologies that addressed the pricing approaches but also•produced cash flow and: objectives'of the comrnunity. These included bond analysis;schedules.' ' ' the development of impact'foes by functional ' �' area (e.g., supply, treatment). A major Mr. Giardina was subsequently retained by the !. interest to the client was the Consideration of a City to complete rate updates for the water conservation pricing structure which included and sewer utilities,develop ea rate(user chargesi an increasing unit charge for increasing and impact fees) and,financtal plan for the amounts of water consumed. City's stbrrtlwater Utility; and provide a vane[..': • of related services. . In addition, be completed,a study for the Board to examine the relationship'between impact He was also retained as part of a ream to . fees, user charges and conservation pricing and conduct the 1994/9,5 water and wastewater rate •1; develop a recommended rate and financial study for the City. ,, , r plan. This was completed with the ' development and use of an automated rate, • For the City of Edmonton, g;lbents, Mr. ' • financial planning, and customer impact Giardina served as Project Directok'on an model. engagement to•conduct a Utility financial j • planning study: He.was retained tei assisk the ' • For the Town of Jackson, Wyoming, Mr. City in evaluating anumber of:'tahancial and 'Giardina completed a review of the Town's . • • ;, ;.' . -A '' -v�gI JAN-12-2004 14:37 MEURER 8 ASSOCIATES 3039853500 F. 13 H 451..: . I } : Richard D. Giardina Presadenit 'management issues relating to wastewater and Distressed Area Program to certain outside city ' stormwater activities. These included: customers and existing outside city supply • Debt management policies contracts. Depreciation practices j • :r •• Organizational structure • Mr. Giardina served as ProjejCt!Director for uhf • - Billing and collection Denver Water Department to conduct research, on a number of water rate issues. The research The long-range rate and financial implications examined the differences in tb :application, I of,changing any one or more of the City structure, and implcmegtauon f residential r; policies on the above noted issues was and non-residential' water rates,for municipal . I a •examined through the course of this study. utilities from,across the country' Other issues' , examined includedlthe use of conservation • Mr. Giardina served as Project Manager on an oriented rates and Other methods,utilized by engagement.to assist the Seattle Water utilities t0:promote water conservation, the Department in conducting a comprehensive use of system development ch.cgas and water cost-of-service and rate study (1990) and balancing accountsil'or who1esSile utility rt in completing the 1992 rate study. The base• service. ' is extra capacity cost allocation approach was I . used for this study. The Department provides • For the Utilities Department:of Salt Lake City, :, retail service to in-city residents and wholesale Utah, Mr, Giardina served as;project manager service to twenty-nine purveyor customers. to complete an analysis of alternative sewer Issues examined in this study included: user charge structures which coed be used to , - Marginal cost pricing appropriately assigp/allocate:ttie'cost of - Seasonal tate development treating flows containing amounts of BOD/TS$ -- Rate of rerun in excess of domosiie strengt1t.l 'ln,,addltion to - Inside/outside rate differentials. conducting survey, of other cojsuuunities, he compiled industry d4ra regarding loading , Mr. Giardina provided consulting services and characteristics of different oils-comer groups orl '' direction to:the Department on each of these types. Through a series of Workshops with the. issues. Department, the preferred ratelatrlicture was identified and devellbped at a.coliceptual level. ••For the El Paso Water Utilities (EPWU) I Public Service Board, Mr. Giardina served as In 2002, he complt:(ed a comprehensive cost •Project Director on a study to develop an of service analysis used on (lie selected rate approach to determining rates for wholesale structure concept, Using industry and City- •water and sewer service, EPWU thodified specific data,•"strength"categories will be f: existing policy to allow the extension of water developed and, based on the cost of service and sewer services outside the corporate limits process, applicable user charges developed. of the City of El Paso: There were several The uncleelyias premise for tirezate structure ig � : • unique situations confronting the EPWU which to equitably charge;Idomesticlaid non•domestie, :; • ,influenced the development of a methodology (i.e., greater than demestic.sirerrgth) customer] I' 'for determining outside city and wholesale the indicated cost of service.'.' i ;, • • rates, including the application of the Texas Water Development:Board's Economically I ' • , I . . I • JAN-12-2004 14:3? MEURER 8 ASSOCIATES 3035853800 P. 14 I . .• • g�' 7• Richard D. Giardina ' President Technical Papers, Presentations and Publications: ' • "Impact Fee Basics" and "Impact Fees with a • "Fine Tuning•Your Rate Structure Using A •,; . Defined Shon-Term Build-Out Horizon," Citizen Committee,," prtsente4 at the presented at the National Impact Fee American Water.Wprks.Assoclati,pn Annual !. ' Roundtable 2003, October 16, 2003, San Conference and Exposition, June •14, 2000, ' .. y • Diego, California. Denver; Colorado. • "Local Government Utilities Establishing Rates • "Impact Fees?Without Getting;In Trouble " , ,, for Service,' presented at Arizona State presented at the Utah League-elf, Cities and. • • University, September 23, 2003, Phoenix, Towns 2000 Annual Convention,•April 13, • Arizona. 2000, St. George, Utah,- • : . • "Selecting a Water Rate Structure Through • "Impact Fees For Small Cottunu{tities," . Public Involvement," presented at the presented at the Utah League OfiCities end Intermountain American Water Works Towns 1999 Annual Convention, September Association'Annual Conference, September 17, 16, 1999, Salt take City, Utah. 2003, 1ackson Hole, Wyoming. • "Strategies and Approaches for,the . • "Ratemakiug 101,"•presented at the GPOA Development of.Utility'Itnpact Fees," Arizona Summer Training, August 22, 2003, presented at: i flagstaff, Arizona. - the RWAUss 1998 Annual Conference, August 25,;1998, Park City,lUtab; and • "Impact Fees," presented at the Colorado • the annual WEAU/AWWA•irtlritcr • , ' GPOA Metre Coalition, May 9, 2003; Golden, Conference, January'21,,:1998;,'Salt Lake • Colorado. City, Utah. • • "Impact Fe$s — A Primer," presented at a • "Trends In Privatization,",,presented at zhe . meeting of the Colorado River Finance WEAU 1998 I- Officer's Association; Feb 4, 2003, Co pfaience, Aptil`2a, 1998, St., r• • Parker, Ariiona. T George, Utah. i i' • "Impact Fees and Economic Development," • "Isn't Competition Wonderful?' presented at presented atthe Colorado, GFOA Annual the JTAC, Februar ,2 ,-,1998,'Denver, . Conference,;November 20, 2002, Vail, Colorado. • . Colorado, • 'Private Sector - Competitioni;,What Is Ir.? ! .- Case Study ."City of Chandler, Arizona, Utility Who Does:lt't and Can It Helpi';au?" , System Development Charges," presented at Workshop presented at tbe• 19p7 . .the 2002 Impact Fee Roundtable, October 24, RMSAWWAJRMWEA Joint.Annual ' 2002, Phoenix, Arizona. Conference, September;14, 1997, l.uidoso, ;; New Mexico, • "Using Impact Fees to Fund Streets and ' . Roads," presented'at the Utah League of Cities • "Impact Feenp a Capital Financing . and Towns 2001 City Streets and County Road Approach," presented at the RMWEA, • School Convention, April 25; 2001, St. January 30, Ii997, Decvver, Colorado. George, Utah. • • Giardina, R.D., R,D., A4nbrose,and M. Olstein ••"Addressing;Capital Needs," presented at the Chapter 15 "Private-Sector Financing." Utah League of Cities and Towns Mid-Year American Water Works.Association, Manual Conference 2001, April 5, 2001, St. George, of Water Supply Practices,,M47-Construction'. Utah. Contract Adtninistration, 1996.r ' , ' t !i 3 JAN-12-2004 14:37 MEURER 8 ASSOCIATES 3039553800 P. 15 • Richard 1)- Giardina • • President : : ' f,< ' 1 ( , • Giardina, RD., and J.M. Overton„Chapter 15 - • "Funding Envirpnmental Co 'lance — One lc "Contract Operations." Water Environment City's Approablt,"presented at!die AWPCA, a Federation, Operation of Municipal January 28, 1994, Denver, Cojdsado. s• a; : Wastewater Treatment Plants, Manual of Practico-MCP 11, 1996, Fifth Edition • "Conservation,Pricins - Trends;and Examples,presented at the•CONSERV93 — . ij • "Conservation Pricing, Meeting Your The New Water Agenda, Cop*-once and Conservation Objectives," presented at Exhibition, December 14 1993 Las Vegas, j • - the Kansas. Section of the AWWA 1996 Nevada. Annual Conference, September 25, 1996, Wichita, Kansas; and • "A Case Study of the Impact'o�'Conservation • . - the 1995 RMSAWWA/AWPCA Annual Measures on Wirer Use in BotJJdcr, Colorado, Conference, September 10, 1995„Sheridan, co-authored with Susan L. Simpson, City of Wyoming. Boulder, and presented at•th'e; 16193 Joint $ • Annual Confcrence•of the 'R. MSAWWA/WEF,i. "Private Sector Finanding of Public Facilities - Conservation Workshop, September 19,, 1993;, • 1' When and Why It May Be Appropriate," Albuquerque,New Mexico.' presented at: - the 1996 RMSAWWA/RMWEA Joint • "Creating Water Resources Tbiongh !" + , Annual Conference, September 10, 1996, Conservation Pricing presented at the 1993 ,. Steamboat Springs, Colorado; and National WatertResourees Association the 1994 AWWA Annual Conference, June Western Water,Conference,!Atigust 6, 1993, 21, 1994, New York, New York Durango, Colorado. ! j • "Turnkey vs. Conventional Approach To Case Studywf the Impact h conservation Biosolids Facility Construction," presented at Measures on Water Use in El Paso, Texas:1 ; • the 10th Annual Residuals le Biosolids co-authored with Edmund G.•Acehuleta, Management Conference: 10 Years of General Manager El Paso Water Utilities aid ' Progress and a Look Toward the Future presented at the 1993 AWWAAnttual August 20, 1996, Denver, Colorado. Conference and Exposition June 9, 1993, San!. Antonio, Text. r - "Selecting An Appropriate Contract Operator," presented. at the 1995' • "Trends in,Water Rates,"presented at the • WEF/AWWA Joint Management Conference, Annual Coitfdrence;.ofxhe k?a i t"Northwest ! ' February 13, 1995, Tulsa, Oklahoma, Section of the l WWA,.May; 7; 1993, Seattle, Washington. ' I • "Wastewater Reuse Capita] Funding and Cost 1, Recovery Approaches, presented at: ' "Environmental Impact.Fee ,"I co=authored ;; • and the 1995 Water Environment Association of Preseatedwith Mr.Edw daz G;, Blundon, I ' Utah Annual Conference and Exposition, Assistant Dwectot, Water Setytces April 20, 1995, 5t. George, Utah; and Department, City, of Phoenix,.at the Annual the RMSAWWA and AWPCA,:September Customer Serv]ce Workshnpsponaorod by the. ' 14; 1994, Crested Butte, Colorado. AWWA March 29 '1993; Seattle, Washington. ' •, ' • "Use,of Innovative Pricing Strategies in a Conservatioo or Demand Managerhent • "Privatization and Other. Tngovatlte „ Program," presented at the AWPCA 67th Approache•s to Financing .Wastewatcr ', Annual Conference, May 6, 1994, Prescott, Facilities,"pre�cnted at the Annual •Arizona. • • • i , . Y It : JAN-12-2004 14:3? MEURER 8 ASSOCIATES 3039853600 P. 16 J. • L. • i Richard D.:Giardina • ; •President • Conference of the Nevada Water Pollution • "Financing;Errvironmental Site'Cleanup ; i 1; Control Association, March 12, 1993, Las Liabilities," presented at the Colorado , i` Vegas, Nevada, Hazardous Waste Managerent Society Annual` • "Guidelines to the Pricing of Municipal Water Conference, QFtobet.18, 199Q;Denver, • . Service," presented at the first National Water Colorado. r a# Conference, sponsored by the Canadian Water , a and Wastewater Association, February 5-6, Rare Making With Conservation in Mind: 1993, Winnipeg, Manitoba. Results of the 1990 National:Waier Rate 7 Survey,"presented at:the C©NSERV 90 • "Rates and the Public • Alternative Rate Conference end E cpbsitien,•August 14, 1990, I Approaches," presented at a workshop, Phoenix, Arizona. • sponsored by the RMSAWWA, November 4, 1992, Denver, Colorado. Water Marketing - A Case Study," presented at the Profiting From Water Seminar, May 11; "Results of the 1992 National Water and 1989, Santa Monica, California. Wastewater Rate Survey," presented at; - the 13th Annual Western Utility Seminar, • "Landfill Development - the Planning and sponsored!by the Water Committee of the Management Process,"'presented at the National Association of Regulatory Utility American Bar.Association's Solid Waste Commissioners, April 28, 1993,.Redondo Integrated Management Workdhop, March Beach, California 1989. - the 44th Annual Conference of the Western Canada Water and Wastewater Association, • "Developing an Equitable Water Rate • October 15, 1992, Calgary, Canada Structure,"published in'the Americas Water • "Economic Feasibility of Waste Minimization: Works Association's monttrly'ppflow Assessing all Costs, including 'Hidden Costs' Publication, February 1989. and Indirect'Berrefits,"presented at the 1992 Annual Meeting of the Colorado GEM - "Alternative Techniques for Financing Water ` Network, March 17, 1992, Denver, Colorado. and Wastewater Capital Ekpin'sions," presented at the Se ttember:198$ Rocky. • "State of the Art in Rate Setting: Results of Mountain AVi'WA and WPCA;Section , the 1990 Water and Wastewater Rate Survey," Conference' ' presented at the 1991 Annual Conference of • ' the Canadian Water and Wastewater ' • • "Trends in Capital Financing for • Association,.November 4, 1991, Montreal, bovtrostttentai`Facilities," presented at the Quebec, Canada. 1987 Missouri;Watcr Poltutiorl:Cgntrol Association Annual:'Meeting,and the 19$7 . ' "Impact of Rates on Water Conservation," Annual Rocky .ivlotantain WPCA Clean Water • presented at Waterscapes'91, an international Conference. conference on water management fora '' • sustainable environment, tune 7, 1991, • Giardina, R•fl•,, "Excess Deferred Income Saskatoon, Saskatchewan, Canada T�xes'Uader the Neiv Tax Lpx,';Public • Utilities Fortnightly, January 8, 1987. • "Stormwater Management .- A Technical and Financial Case Study," presented at the ' American Water Resoprces Association . . • Symposium on Urban Hydrology,:November 8, • 1990, Denver, Colorado, co-authored with Mr. ' Dan Birch, , , ' I I Richard D. Giardina President Professional History: Representative Project Experience: • Rick Giardina& Mr. Giardina has been involved in over 200 projects serving Associates,Inc. private and public utility organizations. His experience spans • Raftelis Environmental numerous technical areas and industries. His litigation support • Ernst&Young Consulting Group experience is presented below—experience as an independent g arbitrator and as an expert ert witness in utility cost of service,rate • Stone&Webster • Colorado Public Utilities design and related issues. Commission He is chair of a working group of the AWWA Rates and Charges Technical Specialties: Committee charged with production of a"Small Systems Rate Manual." As a member of the WEF Financing and Charges Task • Utility Cost of Service and Force he is a chapter author for the re-write of the WEF rate Rate Structure Studies manual. • Litigation Support • Economic Feasibility • Mr. Giardina was retained to for each party served on the Analysis participate on a three-member arbitration panel with Mr. • Privatization Feasibility and arbitration panel in a wholesale Giardina. As the independent Implementation Studies rate dispute between the cities of arbitrator Mr. Giardina presided • Impact Fee Studies Kalamazoo and Portage, over the bearing and drafted the • Management and Michigan,in an attempt to avoid arbitration decision(with input Operational Audits litigation. The panel received and comment from the other • Policies and Procedures testimony,reviewed briefs and panel members). Review related materials and led a • Operating Practices Review consensus building process • For the City of Chandler, • Mergers and Acquisitions culminating in a settlement Arizona Mr. Giardina served as • Valuation Services agreement. Project Director in completing • Rate Filing and Reporting an outside city cost of service • Mr.Giardina was retained to study. For a number of years the Professional participate on a three-member City had charged outside city Registrations: arbitration panel in a capital water customers at twice the recovery fee dispute between the inside City rates. The rate • Certified Public Accountant cities of Holland and Zeeland, differential was repealed when Michigan. The panel received outside city customers sought to Education: testimony,reviewed briefs and litigate this policy. The City related documents and will retained Mr. Giardina to • BA Business render a written,binding complete a cost of service study Administration, Western opinion. and recommend,if warranted,an State College,Gunnison, outside rate differential. The Colorado • In a wholesale rate dispute approach used included the between Bay City(as the identification of assets serving Boards: supplier)and Bay County(and strictly outside customers and other municipal customers)Mr. development of an allocation • East Cherry Creek Valley Giardina was selected and methodology for common Water and Sanitation served as the independent,third revenue requirements were District arbitrator. The rate consultant converted to the utility for the A . 1 Richard D. Giardina President Instructor/Lecturer/ facilities. The City's cash basis municipally-owned water utility. Panelist purposes of determining the cost At issue was the association's of outside service. Included in designated customer • American Bar Association the cost of service was a return classification and the rates • American Water Works component based on the net rate charged for service. The Association base serving outside customers. association was served through a • Canadian Water and Results of this analysis indicated single master meter and was Wastewater Association that a differential was justified. responsible for the initial • Colorado Hazardous Waste The precise differential varied investment and all on-going Management Society from 1.80 to 2.01 times inside costs associated with all • CONSERV city rates based on a variety of facilities on their side of the • Government Finance factors including the assignment metering point. This included Officers Association or allocation of utility assets and meter reading and billing(under • National Association of the inclusion of contributed their own rate structure) Regulatory Utility property. An automated rate activities for their own retail Commissioners model was delivered to the City customers. Mr. Giardina • National Water Resources and staff training was completed a comprehensive Association completed. review of the utility's rate • Water Environment ordinance regarding customer Federation • Mr.Giardina provided litigation class designations. He also support on a contract rate evaluated a utility-prepared Professional Affiliations: dispute for one of the largest analysis on the cost of serving cities in the United States. For the association. His • American Water Works this case,the City was in recommendations included the Association litigation with ten wastewater re-classification of the • Rates and Charges contracting agencies (wholesale association from residential to a Committee customers)who disagreed with special "non-retail"service •Private Sector Financing the manner in which their rates category or the utility's Committee of the were calculated and implement- wholesale class and a rate for Construction Admin. ed. Mr.Giardina assisted this service reflective of the cost Committee west coast city in evaluating the incurred by the utility and the • Competitive Practices appropriateness of using service provided by the Committee settlement amounts for general association. • Water Environment fund purposes. This included a Federation comprehensive analysis of the • Mr. Giardina conducted an •Financing and Charges city charter and code,EPA and outside city cost of service study Task Force state wastewater grant and user for the City of Prescott,Arizona. • American Institute of charge regulations,bond In anticipation of litigation the Certified Public ordinances and covenants and City retained Mr. Giardina to Accountants governmental accounting and complete a cost of service study • Rocky Mountain Section reporting literature. and recommend, if warranted, AWWA/WEF and Arizona an outside rate differential. The Water&Pollution Control • Mr. Giardina provided approach used included the Association consulting services to legal identification of assets serving • Government Finance counsel of a homeowners strictly outside customers and Officers Association association regarding water rates development of an allocation charged by a large methodology for common • •t 2 Richard D. Giardina President facilities. The City's cash revenue requirements • Mr. Giardina served as an expert witness on an was converted to the utility basis for the purpose engagement to provide litigation support services of determining the cost of outside service. to the City of Thornton, Colorado. Suit was filed Included in the cost of service was a return in Adams County District Court against the City component based on the net rate base serving asserting that the City violated its agreement outside customers. with outside City water and sewer customers calling for non-discriminatory rates. Mr. • Mr. Giardina served as Project Manager on an Giardina assisted the City's outside legal counsel engagement to provide litigation support in preparing requests for discovery and services in a lawsuit involving the recovery of deposition of plaintiffs witnesses and the closure and post-closure costs associated with a development and presentation of expert California landfill and transfer station. Mr. testimony. A key issue in this case was the cost Giardina was retained by counsel for the justification and the evaluation of legal plaintiff,the landfill and transfer owner,to precedents and industry practices regarding the provide expert witness testimony relating to the development of outside city rates for utility process used to establish rates for the owner and services. to also estimate damages resulting from the regulator's disallowance of closure and post- • Mr. Giardina provided litigation support services closure costs. Mr. Giardina also assisted in the in an engineering and construction lawsuit depositions of the defendant's experts and of the involving a major southeastern water utility and defendant's experts and assisted plaintiffs claims regarding failure or potential failure of a counsel on the development of closure and post- large diameter transmission pipeline. Mr. closure litigation strategies. Giardina was retained by counsel to provide analysis and evaluation of data for the purpose of • • Mr. Giardina served as Project Manager on an assessing damage claims asserted by the engagement for the Colorado Ute Water District plaintiff to evaluate(as part of a law suit between the District and the City of Grand Junction)the • Mr. Giardina served as Project Manager to financial impact if the City were to assume provide litigation support regarding a suit utility service to approximately 20%of the involving Alpine Cascade Corporation et. al.v. District's service territory. He also assisted legal Pagosa Area Water and Sanitation District,Case counsel in preparing deposition questions and No. 97CV15,Archuleta County District Court. trial material. Mr. Giardina will review and analyze the financial records of the Pagosa Area District and • Mr. Giardina served as an expert witness in other related tasks. One of the primary issues Colorado Water Court. Mr. Giardina was that will be addressed is whether the District's retained to evaluate the feasibility of a proposed purported"enterprise"is being operated as a water supply project. The evaluation included a self-supporting business. comprehensive review of work completed by witnesses for the defendant, and the development • Financial Analyst for the Colorado Public of independent technical analysis relating to the Utilities Commission. While employed by the project feasibility. He assisted legal counsel in PUC,Mr. Giardina presented expert testimony in deposing other experts and was deposed by a number of rate and cost allocation proceedings defendants outside counsel. before the Commission. Areas of coverage included revenue requirement determination in general, and specifically numerous accounting .A 3 Richard D. Giardina President and financial issues relating to rate base,cost of • Mr. Giardina was retained to evaluate damage capital and the cost of service. As a member of claims as part of a law suit regarding a the PUC staff he conducted a number of rate- contaminated water treatment plant site. Our related audits focusing on cost analysis and cost focus was on the damages, as asserted by the allocation procedures. These audits then became plaintiff,which resulted from the"inability"of the basis for development of expert testimony the plaintiff to refinance outstanding long-term and preparation for cross-examination. debt. Additionally, RGA assisted legal counsel and other experts in the evaluation and analysis • For the City of Edmonton,Alberta,Mr. Giardina of finance and rate-related issues. was retained to provide financial and cost allocation consulting services to the City in a • Mr. Giardina served as Project Manager on a wholesale customer rate dispute before the number of litigation support engagements. Alberta Public Utilities Board. Mr. Giardina Responsibilities have included the development provided independent advice to the City of of microcomputer models for use in calculating Edmonton regarding a broad range of rate- damage claims and extensive research relating to related issues including cost of service cost and management accounting issues and determination,cost allocation and rate design. preparation of testimony. He also assisted the City in the review and preparation of testimony(direct and rebuttal). Technical Papers,Presentations and Publications: • "Impact Fees: A Vote of Confidence for • "Impact Fees,"presented at the Colorado GFOA Economic Growth?" Published in Colorado Metro Coalition,May 9,2003,Golden, Government Finance Officer's Association Colorado. Footnotes.December 2003 and the Arizona GFOA January 2004 newsletter. • "Impact Fees—A Primer,"presented at the Colorado River Finance Officer's Association, • "Impact Fee Basics"and"Impact Fees with a February 4,2003. Defined Short-Term Build-Out Horizon," presented at the National Impact Fee Roundtable • "Impact Fees and Economic Development," 2003, October 16,2003, San Diego,California. presented at the Colorado,GFOA Annual Conference,November 20,2002,Vail, Colorado. • "Local Government Utilities Establishing Rates for Service,"presented at Arizona State • Case Study"City of Chandler,Arizona,Utility University,September 23, 2003,Phoenix, System Development Charges,"presented at the Arizona. National Impact Fee Roundtable 2002, October 24,2002,Phoenix,Arizona. • "Selecting a Water Rate Structure Through Public Involvement,"presented at the • "Using Impact Fees to Fund Streets and Roads," Intermountain American Water Works Annual presented at the Utah League of Cities and Conference,September 17, 2003,Jackson Hole, Towns 2001 City Streets and County Road Wyoming. School Convention,April 25,2001, St. George, Utah. • "Ratemaking 101,"presented at the GFOA Arizona Summer Training,August 22, 2003, • "Addressing Capital Needs,"presented at the Flagstaff, Arizona. Utah League of Cities and Towns Mid-Year n 4 Richard D. Giardina President Conference 2001, April 5,2001, St. George, • Giardina,R.D., and J.M. Overton, Chapter 15- Utah. "Contract Operations." Water Environment Federation, Operation of Municipal Wastewater • "Fine Tuning Your Rate Structure Using A Treatment Plants,Manual of Practice—MOP 11, Citizen Committee,"presented at the American 1996,Fifth Edition Water Works Association Annual Conference and Exposition,June 14,2000, Denver, • "Conservation Pricing: Meeting Your Colorado. Conservation Objectives,"presented at: - the Kansas Section of the AWWA 1996 • "Impact Fees Without Getting In Trouble," Annual Conference, September 25, 1996, presented at the Utah League of Cities and Wichita,Kansas; and Towns 2000 Annual Convention,April 13, 2000, - the 1995 RMSAWWA/RMWPCA Annual St. George,Utah. Conference,September 10, 1995, Sheridan, Wyoming. • "Impact Fees For Small Communities," presented at the Utah League of Cities and • "Private Sector Financing of Public Facilities- Towns 1999 Annual Convention, September 16, When and Why It May Be Appropriate," 1999,Salt Lake City,Utah. presented at: - the 1996 RMSAW WA/RMWEA Joint Annual • "Strategies and Approaches for the Development Conference,September 10, 1996,Steamboat of Utility Impact Fees,"presented at: Springs, Colorado;and - the RWAU's 1998 Annual Conference,August - the 1994 AWWA Annual Conference,June 21, 25, 1998,Park City,Utah;and 1994,New York,New York. - the annual WEAU/AWWA Winter Conference,January 21, 1998,Salt Lake City, • "Turnkey vs. Conventional Approach To Utah. Biosolids Facility Construction,"presented at the 10th Annual Residuals&Biosolids Management • "Trends In Privatization,"presented at the Conference: 10 Years of Progress and a Look WEAU 1998 Conference,April 24, 1998, St. Toward the Future,August 20, 1996,Denver, George,Utah. Colorado. • "Isn't Competition Wonderful?"presented at the • "Selecting An Appropriate Contract Operator," JTAC,February 26, 1998,Denver,Colorado. presented at the 1995 WEF/AWWA Joint Management Conference,February 13, 1995, • "Private Sector-Competition-What Is It? Who Tulsa,Oklahoma. Does It?and Can It Help You?" Workshop presented at the 1997 RMSAWWA/RMWEA • "Wastewater Reuse Capital Funding and Cost Joint Annual Conference,September 14, 1997, Recovery Approaches,"presented at: Ruidoso,New Mexico. - the 1995 Water Environment Association of Utah Annual Conference and Exposition,April • "Impact Fees as a Capital Financing Approach," 20, 1995, St.George,Utah; and presented at the Rocky Mountain Water - the Rocky Mountain Section of the AWWA Environment Association,January 30, 1997, and Water Pollution Control Association, Denver,Colorado. September 14, 1994, Crested Butte, Colorado. • Giardina,RD.,R.D.,Ambrose, and M. Olstein, • "Use of Innovative Pricing Strategies in a Chapter 15 -"Private-Sector Financing." Conservation or Demand Management American Water Works Association,Manual of Program,"presented at the AWPCA 67th Annual Water Supply Practices,M47-Construction Conference, May 6, 1994,Prescott,Arizona. Contract Administration, 1996. IbLA 5 Richard D. Giardina President • "Funding Environmental Compliance—One Pollution Control Association,March 12, 1993, City's Approach,"presented at the Rocky Las Vegas,Nevada. Mountain Water Pollution Control Association, January 28, 1994,Denver, Colorado. • "Guidelines to the Pricing of Municipal Water Service,"presented at the first National Water • "Conservation Pricing-Trends and Examples," Conference, sponsored by the Canadian Water presented at the CONSERV93—The New Water and Wastewater Association,February 5-6, Agenda, Conference and Exhibition,December 1993,Winnipeg,Manitoba. 14, 1993,Las Vegas,Nevada. • "Rates and the Public-Alternative Rate • "A Case Study of the Impact of Conservation Approaches,"presented at a workshop, Measures on Water Use in Boulder, Colorado," sponsored by the Rocky Mountain chapter of the co-authored with Susan L. Simpson,City of American Water Works Association,November Boulder, and presented at the 1993 Joint Annual 4, 1992,Denver,Colorado. Conference of the Rocky Mountain Sections of the American Water Works Association and the • "Results of the 1992 National Water and Water Environment Federation,Conservation Wastewater Rate Survey,"presented at: Workshop, September 19, 1993,Albuquerque, - the 13th Annual Western Utility Seminar, New Mexico. sponsored by the Water Committee of the National Association of Regulatory Utility • "Creating Water Resources Through Commissioners,April28, 1993,Redondo Conservation Pricing,"presented at the 1993 Beach,California National Water Resources Association Western - the 44th Annual Conference of the Western Water Conference,August 6, 1993,Durango, Canada Water and Wastewater Association, Colorado. October 15, 1992, Calgary, Canada • "A Case Study of the Impact of Conservation • "Economic Feasibility of Waste Minimization: Measures on Water Use in El Paso,Texas,"co- Assessing all Costs,including `Hidden Costs' authored with Edmund G. Archuleta,General and Indirect Benefits,"presented at the 1992 Manager El Paso Water Utilities and presented at Annual Meeting of the Colorado GEM Network, the 1993 American Water Works Association March 17, 1992,Denver,Colorado. Annual Conference and Exposition,June 9, 1993,San Antonio,Texas. • "State of the Art in Rate Setting: Results of the 1990 Water and Wastewater Rate Survey," • "Trends in Water Rates,"presented at the presented at the 1991 Annual Conference of the Annual Conference of the Pacific Northwest Canadian Water and Wastewater Association, Section of the American Water Works November 4, 1991,Montreal, Quebec,Canada. Association,May 7, 1993, Seattle,Washington. • "Impact of Rates on Water Conservation," • "Environmental Impact Fees,"co-authored and presented at Waterscapes'91, an international presented with Mr. Edward G.Blundon, conference on water management for a Assistant Director,Water Services Department, sustainable environment, June 7, 1991, City of Phoenix,at the Annual Customer Service Saskatoon, Saskatchewan, Canada. Workshop sponsored by the American Water Works Association, March 29, 1993, Seattle, • "Stormwater Management-A Technical and Washington. Financial Case Study,"presented at the American Water Resources Association • "Privatization and Other Innovative Approaches Symposium on Urban Hydrology,November 8, to Financing Wastewater Facilities,"presented at 1990,Denver, Colorado,co-authored with Mr. the Annual Conference of the Nevada Water Dan Birch. _bA 6 • Richard D. Giardina President • "Financing Environmental Site Cleanup • "Developing an Equitable Water Rate Structure," Liabilities,"presented at the Colorado Hazardous published in the American Water Works Waste Management Society Annual Conference, Association's monthly Opflow publication, October 18, 1990,Denver, Colorado. February 1989. • "Rate Making With Conservation in Mind: • "Alternative Techniques for Financing Water Results of the 1990 National Water Rate and Wastewater Capital Expansions,"presented Survey,"presented at the CONSERV 90 at the September 1988 Rocky Mountain AWWA Conference and Exposition,August 14, 1990, and WPCA Section Conference. Phoenix,Arizona. • "Trends in Capital Financing for Environmental • "Water Marketing-A Case Study,"presented at Facilities,"presented at the 1987 Missouri Water the Profiting From Water Seminar,May 11, Pollution Control Association Annual Meeting 1989,Santa Monica,California. and the 1987 Annual Rocky Mountain WPCA Clean Water Conference. • "Landfill Development-the Planning and Management Process,"presented at the • Giardina,R.D., "Excess Deferred Income Taxes American Bar Association's Solid Waste Under the New Tax Law,"Public Utilities Integrated Management Workshop,March 1989. Fortnightly,January 8, 1987. 7 Hello