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Mr. Jerry Gumphrey <br />Page 3 <br />February 3, 2010 <br />matter for payment of twodthirds of the amounts past due. an December 10, 2009, I sent an <br />email to Ron with two versions of a Deposit Agreement and Release regarding the delinquent <br />accounts. I subsequently spoke with Ron on December 14, 2009 regarding the proposed <br />agreements. I do not recall, and my notes do not reflect, that there was anything heated abaut the <br />conversatians on December 4, 7 or 14, <br />Unfortunately, I was not able to attend the Board Meeting on December 15, 2009. It is <br />my understanding that ERMU staff was directed at that meeting to contact the tenants to let them <br />knout about the possibility of power being turned off because a signed agreement still had not <br />been received from Rock Solid, I am aware that Ron made a number of ca11s to ERMU staff and <br />Commissioners, and to City Council members and staff, regarding the calls from ERMU staff to <br />tenants at the building, but my file does not shoal that I talked to him during this time, <br />A signed agreement was subsequently received and the matter resolved, <br />My notes do not reflect any further conversations with Ron until January 11, 2010 when I <br />called Ron to respond to an email he had sent me the day before regarding the January EDA <br />meeting, Gnce again, there was nothing unusual or heated about that conversation. <br />My final contact With Ron on this matter was following the ERMU Board Meeting on <br />January 12, 2009. Ron and I had a brief conversation in the parking lot following that meeting <br />which, again, was not unusual or heated <br />I continue to believe, based on my research and the fact that no one ever provided any <br />legal authority Which would indicate otherwise, that ERMU was justified in seeking payment <br />from the Receiver of the delinquent amounts on these accounts. Although there are many <br />circumstances where a public utility cannot recover on delinquent accounts which is Why <br />ERMU is implementing a policy requiring deposits to secure payment}, in this instance there was <br />not yet any change in ownership of the property and I believe the property manager therefore had <br />an obligation to pay the amounts due, <br />PI~B~WW <br />Attachments <br />GP:2723$00 vZ <br />