Focus on
fish
Photo by Steve Wilkowske
Canby Planning Director John Williams and city project manager Matilda Deas stand above the city's water intake on the Molalla River last week. Williams and Deas are charged with assessing all city activities that impact the passage of fish in the Molalla and Willamette rivers.
By David Howell
Canby Herald
"Bah humbug!"
Providing for the safe passage of salmon and steelhead along the Willamette and Molalla
rivers is an issue affecting the city of Canby and how it works.
The federal Endangered Species Act is being applied to urban areas for the first time,
necessitating attention from Clackamas County and its 11 cities. Rules for steelhead took
effect in August, and rules for salmon will be in force next month.
Twenty-six Northwest salmon and steelhead populations are listed as threatened or
endangered under the ESA, and recent reports of major fish health problems in the Newberg
Pool near Canby have heightened concerns.
A six-year study found local fish runs are in serious trouble, with only about 1,000
Chinook salmon reportedly returning to the entire Willamette River basin annually, and
native steelhead are at their lowest levels in 30 years.
The study concluded "these species are at risk of extinction primarily due to human
activities," including over-fishing, habitat destruction, hydropower development, and
degraded water quality.
In July, the National Marine Fisheries Service adopted rules to enforce the listings. The
rules prevent any government unit, business, or citizen from "taking" (harming)
any listed fish, except when the take is part of an approved program.
Activities that can harm fish can include: road, bridge, culvert, and utility service
construction and maintenance; use of pesticide, herbicide, fertilizer and other chemicals;
alteration or development of riparian areas and wetlands; stormwater and wastewater
discharge; water intake and consumption; planning, zoning and development permitting; and
erosion control.
Canby, plus all other jurisdictions in Oregon, Washington and California, has to assess
all activities and work that impact fish passage.
Jurisdictions have to create plans to minimize potential harm to fish species and habitat,
and must have the plan approved by NMFS.
Of 13 federal limits, three limits most apply to Canby, said John Williams, the Canby
Planning Department director.
Limit No. 9 applies to water diversion screening and calls for the provision of adequate
screening to help fish passage. Limit No. 10 applies to routine road maintenance and seeks
to minimize impacts on waterways.
Limit No. 12 applies to municipal, residential, commercial and industrial development and
redevelopment, and aims to "ensure that development will avoid inappropriate areas
such as unstable slopes, wetlands, areas of high habitat value, and similarly constrained
sites."
Each city department is in the process of looking into its practices, and Limit No. 12
poses the most questions that need to be answered, Williams said.
The city departments that are most involved in the process are planning, parks, streets,
wastewater treatment, and Canby Utility water.
A staff report on existing practices and proposed changes will be presented to the City
Council in February, but it could take up to one year for the federal government to review
and approve Canby's plan, Williams said.
"The federal government created limits for the 'take' of salmon and steelhead,"
Williams said. "Basically, we're trying to get all city work under one of these
limits, so we can meet the federal criteria and limit our liability.
''We can implement the Endangered Species Act to the minimum extent possible. Anything
more and we could face Measure 7 problems."
The measure, approved by state voters Nov. 7, requires state and local governments to
compensate land owners when regulations reduce the value of their property. A Marion
County judge placed a temporary injunction on the Measure taking effect Dec. 7.
The city is currently going through the state-mandated Periodic Review process. Periodic
Review requires the city to meet state environmental goals, which can be challenged by
Measure 7. Federal rules, however, cannot be challenged by Measure 7, Williams said.
"The city has to get a permit from the NMFS to say all our activities fall within
certain limits," he said.
"It applies to us specifically with regards to road building, culvert work, park
maintenance, and development regulations."
It also calls for the conservation of wetlands, and the prohibition of building on steep
slopes, among other requirements.
"Basically, what we're trying to do is conserve fish habitat and protect water
quality," Williams said.
"Canby is not a spawning ground, the fish pass through the area, but Canby is
important to the general water quality of the rivers. You need to have a good habitat for
them to pass through."
And whether or not the two rivers that pass by Canby to the north and west are a good
habitat is the subject of considerable analysis and debate by state agencies and
environmental watchdog groups.
Young trout eggs were put in the Newberg Pool, just north of Canby, were studied for the
state Department of the Environmental Quality earlier this year, and about 33 percent were
found to have developed skeletal deformities.
Another report for the DEQ found eating four fish species - carp, largescale sucker,
smallmouth bass, and northern pikeminnow - caught in the Willamette River can increase the
risk of cancer, restrict growth, or harm the immune systems in certain populations.
The Newberg Pool is a 30-mile stretch of the Willamette River between Newberg and Oregon
City, and the Oregon Legislature commissioned the fish studies in 1997 in response to
growing concerns about fish and river health.
The deformed fish in the Newberg Pool were found just a few miles from the point where the
city of Wilsonville plans to begin tapping the river for drinking water.
Wilsonville's treatment system will use filters to remove contaminants, but no
contaminants have been found at levels exceeding federal drinking water limits, officials
say.
So while eating fish from the Willamette River carries increased health risks, drinking
treated water from the river does not, say DEQ toxicologist Dr. Gene Foster and city of
Wilsonville Public Works Director Jeff Bauman. Both Foster and Bauman said last week that
drinking treated water from the estimated $46 million Willamette River water treatment
plant, now under construction, will carry far lesser toxic exposures than eating fish from
the river would.
That's because toxic chemicals are much more concentrated in fish tissue than they are in
the river water, Foster said. The chemical concentrations will be even lower in treated
water.
"These compounds, although they're showing up in fish, are not very water
soluble," Foster said. "We wouldn't expect them to be found in very high
concentration levels in the water - probably below detection levels."
That is consistent with the results of testing done by the city, the state DEQ and the
U.S. Geological Survey. The tests only found a few chemicals present above detectable
levels, and none above treatable levels.
"The primary risk is from consumption of fish," Foster said. "I would
expect the exposure from water to be pretty minimal."
Most of the chemicals found in the fish are present in the river in sediment form.
The water plant's intake will gather water that is relatively sediment-free, because the
intake will be five feet above the bottom of the river, Bauman said.
The first level of treatment - Actiflo filters - will remove most of the sediments from
the water, Bauman said.
Nevertheless, the build-up of toxic contaminants along the Willamette - which was named
the No. 10 most-polluted river in the United States in a report by Willamette Riverkeepers
this year - from decades of industrial use resulted in the federal government naming
Portland Harbor a Superfund site.
Industrial discharges, urban and agricultural runoff and forestry practices are all
considered to have played a part in the decline of the health of the river - and, hence,
its fish populations.
Last year, the Clackamas County board of commissioners assigned the county's Water
Environment Services department to the lead role in developing a comprehensive plan for
salmon recovery.
In summer 1999, county efforts opened more than 15 miles of fish habitat by removing or
retrofitting 10 road/stream culvert crossings.
WES, county extension agents, and Soil and Water Conservation District officials
coordinated salmon recovery forums for regional policy-makers, but much more work is
required to be done by many jurisdictions in the tri-county area.
Ordinance addresses Measure 7
By David Howell
Canby Herald
Stop, don't go? Despite the fact a Marion County judge issued a temporary
injunction to halt voter-approved Measure 7 from taking effect Thursday, the Canby City
Council opted to move ahead with an ordinance that would provide procedures for property
owners to make claims regarding lost value due to local government regulation.
Councilors decided at the Dec. 6 council meeting that it would be better to have an
ordinance on the books, rather than wait for the injunction to possibly be rescinded, and
then have to scramble to quickly enact an ordinance.
However, the council did vote to change one aspect of Ordinance 1063, which sent it back
to first reading.
Councilor Roger Harris proposed a $750 fee property owners would pay to reimburse the city
for the costs of processing an application should be a deposit, which would be reimbursed
if a property owner is ultimately deemed entitled to compensation from the city.
Harris cited the city of Albany's process, which calls for a $1,000 deposit, which he
believed was fairer to applicants than a fee.
"That's how we get people being angry at government," he said, adding a refund
would be appropriate for successful and could be mandated by a judge if a case went to
court.
Councilors split 3-3 on Harris' motion to change the ordinance, and Mayor Scott Taylor
cast the deciding vote in favor of making it a $750 application deposit, rather than a
fee.
Councilors subsequently voted 5-1 on the amended ordinance, with Councilor Terry Prince
casting the opposing vote. Prince said the $750 fee would help reimburse taxpayers for the
potentially high cost of challenges made under Measure 7, which amends the state's
Constitution. The ordinance will be voted on a second time Dec. 20.
City staff reported the proposed ordinance was workable.
"I'm not unhappy with what we have (for an ordinance)," said City Attorney John
Kelley. "There is no model ordinance out there. I think what we've got will work for
us . . . I don't think in the near future we're going to hear anything definitive (about
Measure 7)."
Canby Planning Department Director John Williams has prepared an application form for land
owners to file a claim with the city.
The council decided to begin action on an ordinance Nov. 29 so that a process for making
claims would be in place before Measure 7 was due to take effect Dec. 7.
Measure 7 requires state and local governments to compensate land owners when regulations
reduce the value of their property.
The measure provides that a land owner, in order to receive compensation, must apply for
compensation to the government whose regulation allegedly has caused a reduction in the
fair market value of property.
The governmental entity has 90 days from the date the application was made to deny or pay
the claim, or to take action to remove the property from the application of the
regulation.
If the amended Ordinance 1063 is approved Dec. 20, it would amend Title 1 of the Canby
Municipal Code by adding a new chapter, adopting a procedure for processing claims made
pursuant to Article 1, Section 18 of the Oregon Constitution, and declaring an emergency.
According to the ordinance, City Administrator Mark Adcock shall review the application,
and determine its completedness within 15 days of the receipt of an application. If deemed
incomplete, an applicant will be informed and will have 180 days from the original
submittal date to complete the application.
Upon receipt of a complete application, a public hearing shall be scheduled before the
City Council. Notice of such a hearing will be mailed to all property owners and residents
of property within 500 feet of the subject property at least seven days before the
hearing. The city will make available a staff report on the issue at least seven days
before the hearing.
"After a public hearing, the City Council shall make a determination as to whether
the applicant is or will be entitled to compensation under Measure 7, unless the city
grants a waiver from regulation.
''If so, the council shall weigh the public benefits from application of the regulation to
the subject property against the public burden of paying required compensation if a
partial or full is not granted.
''(The council) shall make a decision as to whether compensation shall be paid and in what
amount, and/or whether one or more specific regulations are to be waived or modified for a
specific property or properties in order to reduce or eliminate any required compensation.
The City Council is hereby authorized to waive or modify any city regulation to meet the
requirements of this section (1.20.070).
''To deny a claim for waiver or compensation under Measure 7, the City Council must make
one or more of the following findings: the regulation does not restrict the use of the
private real property; the fair market value of the property is not reduced by the passage
or enforcement of the regulation; the claim was not timely filed; the claimant is not the
current owner, or was not the property owner at the time the regulation was adopted, first
enforced, or applied; the regulation is an exempt regulation; the regulation is required
by federal law, and is the minimum required to comply with federal law; the city is not
responsible for payment if the challenged regulation was not enacted by the city, or if
the challenged regulation was required by a state or federal statute or regulation; the
city has not taken final action to enforce or apply the regulation; the claimant is not
legally entitled to compensation under Measure 7 for a reason other than those listed in
(1.20.070) subsections 1 through 8, and the basis for the finding must be clearly
explained.
''The City Council's decision shall be by a written order that shall include the findings
and conclusions upon which the council has made its decision and, if applicable, the
extent of the waiver granted and/or the amount of the compensation to be paid."
In the event the subject regulation is required under state or federal statutes or
regulations, thereby preempting city authority, the city may not waive or modify the
application of the regulation.
The council may establish any relevant conditions of approval for compensation, should
compensation be granted. The failure of an applicant, or an applicant's successor in
interest, to fully comply with all conditions of approval of the application is grounds
for revocation of the approval, and for recovering any compensation previously paid on the
claim.
The ordinance includes two provisions regarding future court decisions. "A. If the
City Council grants a waiver or partial waiver as a means to avoid having to compensate,
or as a means to limit compensation to, or to avoid potential litigation with an owner or
owners under Measure 7, and if, based on an appellate court interpretation or invalidation
or Measure 7, in the same or another case, the applying owner was not entitled to
compensation, then the waiver or partial waiver shall be deemed to have been invalid and
ineffective as of and after the City Council's order. Any such invalidity and
ineffectiveness shall be limited as necessary to avoid the city being required to
compensate the owner under Measure 7.
''B. Any city payment of compensation under this chapter (1.20.090) shall be conditional
on the owner signing an agreement that, if an appellate court interprets or invalidates
Measure 7, in the same or another case, in a manner such that the applying owner was not
entitled to compensation in relation to the subject regulation, then the owner will repay
the compensation received by the owner to the city.
''If a claim for compensation under Measure 7 and Ordinance 1063 is denied, or not fully
paid within 90 days of the date of filing, an applicant's reasonable attorney fees and
expenses necessary to collect the compensation will be added as additional compensation
provided compensation is awarded to the applicant." The ordinance further states:
"Compensation can only be paid based upon availability and appropriation of funds for
this purpose."
Until the cloudy legal outlook clears up, it is difficult for jurisdictions to estimate
how many Measure 7 claims they could receive.
Marion County Circuit Court Judge Paul Lipscomb granted an injunction against Measure 7
last Thursday, which was sought by the League of Oregon Cities and Audrey McCall, the
widow of former Oregon Gov. Tom McCall.
Lipscomb reportedly decided to implement the injunction because enough issues were raised
to suggest the measure may ultimately be declared unconstitutional. As of Friday, he had
not scheduled further hearings on Measure 7.
Ordinances similar to Canby's are being considered in Oregon City, Gladstone, Estacada,
Milwaukie and by Clackamas County, among other tri-county jurisdictions, and many use a
framework provided by the League of Oregon Cities.
Last week, Oregon City commissioners approved creating a $4,000 application fee for each
claim filed with the city, while Milwaukie city councilors opted for a $1,500 fee.
The Clackamas County Board of Commissioners did not adopt rules and regulations for
property owners seeking compensation, but did approve an emergency ordinance which would
enact a process to follow if the injunction against Measure 7 were suddenly lifted.
Classical music sounds
sweet to conductor
By Jon Bell
Canby Herald
The moving melodies of Joseph Haydn and Johann Sebastian Bach may soon be
welling through the city of Canby if a local music director's idea comes to light.
Robert Koehler, orchestra director at Ackerman Middle School and Ninety-One and Carus
elementary schools, hopes to bring classical music to town by forming the Canby Chamber
Orchestra.
"We have a strong artistic base here in Canby, but one thing we don't have is a
chamber orchestra," he said.
Koehler has been thinking about the idea of a chamber orchestra - essentially a small
orchestra - for a long time. He enjoys conducting and plans to lead the group.
Koehler has spoken with groups such as the Rogue Valley Community Orchestra in Medford,
the Salem Chamber Orchestra and the Portland Baroque Orchestra to learn the best way to
undertake such an endeavor. He also has been in touch with the American Symphony Orchestra
League.
"They said not to worry about things like boards of directors in the beginning, of
course," Koehler said. "Instead, they suggested to just let things evolve, keep
in mind the vision you have, and work towards that."
Koehler has enlisted the help of Canby Community School and its coordinator, Carol
Meeuwsen, in his efforts to establish an orchestra.
"The Community School can be the background organization for a group like this,"
Meeuwsen said. The school can help the orchestra in areas such as advertising, purchasing,
registration and payroll, she noted.
"We're just a good resource, and we're the easiest source for people to
contact," Meeuwsen said.
The chamber orchestra was mentioned in the school's fall schedule, a publication sent to
every home in the school district.
"I think we need to reach a broad spectrum" to generate interest in the
orchestra, Meeuwsen said.
In the beginning, Koehler expects the ensemble to be small.
"Even if we start out with a group of 20, we'll be doing good," he said.
His goal is to focus on quality and let the players run the orchestra.
Koehler wants members to pick the music and eventually hold auditions for new players.
"They will have a part in putting it together and running it," he said. "I
want it to be an organization that people feel ownership of."
To Koehler's knowledge, this will be the first orchestra of its kind in the city.
"It's new and uncharted territory," he said.
Koehler hopes to have the group assembled and rehearsing - most likely on Tuesdays at one
of the local schools - soon after the first of the year. An inaugural concert is
tentatively scheduled for March, with another possibly slated for June.
One of Haydn's earlier symphonies, a Brandenburg concerto from Bach and a few show tunes
will likely be in the first program.
"We want to have music that is fun to play, and interesting and enjoyable for the
audience as well," he said.
Koehler has high hopes for a chamber orchestra in Canby, but he knows it won't be easy.
"Starting up will be a slow process," he said. "Hopefully, though, if we
can live up to our mission, more and more people will gain interest."
Auditions for the Canby Chamber Orchestra are currently being held at Canby Community
School. To receive audition materials and information, call Meeuwsen at 503-266-2086.
Proposal may
help
Prescription for success
By Jon Bell
Canby Herald
Two Canby High School students with dreams of stethoscopes and scalpels
have been nominated to attend the 2001 National Youth Leadership Forum on Medicine in
Boston.
The NYLF selected sophomore Robert Street and junior Hunter Benedict - along with 350
other students from around the nation - to attend the summer forum based on their academic
excellence, leadership potential, and intent to pursue a career in medicine.
"I think (the forum) will give us more insight into what's available to us" in
the field of medicine, said Street, 16.
CHS counselor Sharon Schneider informed students of the opportunity to apply for the forum
back in mid-October. Students from Canby who have attended previous forums on medicine
have had only positive things to say about everything they learned, she said.
"Students have said that the forum is a very valuable experience," she said.
Street and Benedict have lofty aspirations to attend esteemed colleges, such as Whitman or
Stanford, and both have long been interested in medicine.
Street, a member of the Canby Gators Swim Club for five years, a swimming instructor and a
lifeguard, hopes to get into pediatrics or sports medicine so he can "stay close to
sports," he said.
Benedict's specific interest in orthopedics stems from an even more personal connection --
"I've broken a lot of bones," he said.
In addition to advanced science classes at school, the CHS students both have long lists
of activities that helped them to qualify for the nomination.
Benedict, 17, a Canby native, is on the snowboard, soccer, and baseball teams. He is
involved with the Key Club and National Honor Society, and he volunteers at the St.
Vincent DePaul Society.
Street, who moved to Canby when he was in eighth grade, is on the swim team, he volunteers
at Willamette Falls Hospital and tutors two Eccles Elementary students, and also
participates in Key Club and Leadership Canby.
"We're both good students . . . and have strong interests in pursuing our
goals," Street said. "We work hard."
The forum, first held in 1993, takes place each summer in cities across the nation. The
students chose June and July forums in Boston as their first and second choices from a
list of cities that included Los Angeles, Houston, Chicago, Philadelphia, and Washington,
D.C. Neither of them has been to Boston before.
"Boston just has a pretty cool history, and we might even get to see New York City
while we're out there," Street said.
The 10-day forum provides medically-minded students with the opportunity to examine
state-of-the-art diagnostic tools and future medical specialties.
Attendees also get the chance to study with some of the country's most renowned medical
researchers and practitioners at the nation's most technologically advanced medical
institutions. At last year's forum in Houston, students witnessed open-heart surgery, made
daily rounds with physicians at hospitals, and spoke one-on-one with AIDS patients.
"The forum will be pretty intense and stressful," Street said. "In the end,
though, we'll learn a lot."
As in all matters academic, there is a hefty price tag attached to their trip to Boston.
The forum itself, including room and board, instruction, tuition, materials and
activities, costs more than $1,800 per student. The funds are due by Jan. 5, 2001. In
addition, students must pay their own airfare.
"We'll probably be earning money all summer to pay for this," said Benedict, who
has a part-time job at Cutsforth's Thriftway.
To help ease their financial burdens, the boys have applied for NYLF scholarships,
petitioned the CHS Booster Club and sent letters to local businesses asking for
assistance. They also hope that the community will lend a hand to help them further their
medical aspirations.
"Following this path will help us that much more in reaching our goals,"
Benedict said of attending the forum.
To make a donation to help the boys attend the forum in Boston, call Hunter Benedict at
503-263-6474 or Robert Street at 503-266-2264.
