"file:///C:From: Jennifer Cline
Sent: Fri Jun 19 10:33:28 2015
To: Phillip Bender
Cc: Dan Huff
Subject: RE: Irrigation monitoring
Importance: Normal
Hi Phil,
I’m picking them up in the next hour from the plant and will need to bring them back to scan them.
I will also have Dan and my comments to you here shortly.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Friday, June 19, 2015 10:04 AM
To: Jennifer Cline
Cc: Dan Huff
Subject: Re: Irrigation monitoring
Can you send me the two weeks' logs as a single pdf? Thanks.
From: Jennifer Cline <jcline@cityofmolalla.com>
Date: Thursday, June 18, 2015 3:01 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Irrigation monitoring
Hi Phil,
Here are the log notes for the day before and the day of the spill event. I miss read your email and will need to get additional copies of the other days.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Thursday, June 18, 2015 9:43 AM
To: Jennifer Cline
Subject: Re: Irrigation monitoring
Or scan, whatever works. Also, is there any kind of separate electronic log associated with the normal operations?
From: Jennifer Cline <jcline@cityofmolalla.com>
Date: Thursday, June 18, 2015 12:35 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Subject: Re: Irrigation monitoring
I will head to the plant today and take photos
Sent from my iPhone
On Jun 18, 2015, at 9:34 AM, Phillip Bender <PBender@ringbenderlaw.com> wrote:
Can you take a look at any documents, logs or anything else for the week of May 4 and week of May 11 and see what is recorded? It may be useful to copy and submit to DEQ with the PEN response to show that the week before was fairly normal and the week of May 11 included various alarms triggered during the response.
From: Jennifer Cline <jcline@cityofmolalla.com>
Date: Thursday, June 18, 2015 12:16 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Subject: Re: Irrigation monitoring
Ok thanks
Sent from my iPhone
On Jun 18, 2015, at 9:13 AM, Phillip Bender <PBender@ringbenderlaw.com> wrote:
Jeff and I will talk with Dan as that is the only time we have available today.
Also, I am working on the response to the DEQ PEN and will have that to you and Dan for review a little later.
From: Jennifer Cline <jcline@cityofmolalla.com>
Date: Thursday, June 18, 2015 12:05 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>, "J.W. Ring" <JWRing@ringbenderlaw.com>
Subject: RE: Irrigation monitoring
We were irrigating hundreds of feet from Bear Creek (with no visible signs of run off and ponding) and irrigated in the opposite direction of the creek. I was physically on site to witness this. Once again, she’s lying.
I encourage DEQ to visit just to prove she is lying.
I will be on a tour with Portland Engineering today at 2pm
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Thursday, June 18, 2015 8:52 AM
To: Dan Huff; Jennifer Cline
Cc: J.W. Ring; Mark Strandberg; Christine Hein; Sarah Goodling; Phillip Bender
Subject: FW: Irrigation monitoring
Dan and Jennifer,
Yesterday, I spoke with Hansen's lawyer about her stalking of City employees and explained that this was a problem. Below is the response I got. Jeff and I suggest that we have a call today at 2:00 pm. to discuss. Would that work for you?
Phil
Phillip M. Bender - Partner
925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
Ring Bender McKown & Castillo LLLP
This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission. Thank you.
From: Maura Fahey <maura@crag.org>
Date: Wednesday, June 17, 2015 3:50 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Subject: Irrigation monitoring
Phil,
I discussed the City’s concerns with Ms. Hansen regarding her monitoring of irrigation activities. As expected, she was not happy with my asking her to avoid the area while City employees are present. She expressed that she does not feel she is doing anything illegal and that she has every right to observe public employees doing public work from a public space. Ms. Hansen also disputes the fact that she was blocking any right-of-way or access road and suggests that the City employees document any future interference they feel Ms. Hansen is causing so that we can all be clear on what is happening.
I have requested that Ms. Hansen do what she can to avoid being present when City staff are in the fields and to avoid photographing City employees. Of course, I have no actual control over what Ms. Hansen does and she is correct, that she has every right to observe the City’s work and note that Ms. Hansen’s observations of the City’s irrigation activities is what spurred this litigation in the first place.
I will reiterate what I said on the phone, that implementing paragraph 26 of the consent decree by placing visual markers of regulatory setbacks in the irrigation fields would allow Ms. Hansen, and others, to more easily observe whether the City’s irrigation is in compliance and thereby alleviate the need for Ms. Hansen to monitor and photograph the City’s activities. Ms. Hansen has already indicated to me, and provided photos, that she believes irrigation on Coleman Ranch this week has exceeded the setbacks around Bear Creek. Without a better indicator of where those setbacks are, Ms. Hansen will continue to report any perceived violations to DEQ. As an alternative to paragraph 26, perhaps a site-visit of the Coleman Ranch fields with City staff would help my clients better understand where irrigation activities should and should not be taking place.
I hope that this issue does not disrupt the negotiations and that we are able to reach an final agreement on the consent decree.
Regards,
Maura
--
Maura Fahey
Associate Attorney
917 SW Oak, Suite 417
Portland, OR 97205
Office: 503.525.2722
Fax: 503.296.5454
Email: maura@crag.org
Protecting and sustaining the Pacific Northwest's natural legacy.
<image001.png>