Florence Planning Commission
P.O. Box 340
Florence, Oregon 97439

RE: Resolution 01-01-09-04
          Annexation of 52.85 acres located west of Highway 101 commencing immediately north of the city limits - Saubert, Merritt, Matthews, Sherman, Ryall, Higginson

Dear Commissioners:

Florence does not have sufficient water supplies

The City Council work session of February 26, 2001 was most informative.  It is unfortunate that many of the Planning Commission members were unable to attend.  The report from the City’s engineers clearly pointed out that the City does not have sufficient water supplies, and will not have sufficient water supplies until at least Summer 2008, at a minimum.

The City’s recently revised plans, at least at this point, indicate a desire to produce 2 mgd by Summer 2001.  (Engineer’s Handout).  Information previously submitted to the Commission by CFF clearly shows that this annexation, in combination with the other two proposed annexations, will require the City to be able to meet a demand of 2.95 mgd.  It should be noted that the 2.95 mgd does not include any provision for any future development of properties inside city limits.

By Summer 2002, the City hopes to produce 3 mgd.  (Engineer’s Handout)  The estimated need for existing residents plus the three annexations is 2.95 mgd. That leaves 50,000 gallons per day for future growth inside city limits.   IF there are no delays, by  summer 2002, the City’s plans will provide only about 50,000 gallons per day for any development of properties inside city limits if these properties are annexed.  That equates to about 65 new homes or apartments inside existing city limits.   The plans clearly indicate that even the 3 mgd to be produced in 2002 will be insufficient for existing population (at 3.5% growth rate) by the year 2008.  ((Engineer’s Handout - Projected Water Demand)

The City’s plan indicates that the $11.4 million well field/plant expansion (City’s Water Facilities Plan) will be needed in the year 2008.   The attached chart (CFF Projected Water Demand) clearly shows that the addition of the three annexations could easily move up the deadline for the $11.4 million water supply expansion to the year 2003.

The City’s plan has not fully considered these annexations, or the impact they will have on the City’s financial ability to provide water to existing residents in the very near future.  The City’s plan expects growth to occur at a rate of 3.5%, over a period of 20 years.  The addition of these three annexations will accelerate the useful life of our existing water supply and sewer collection systems to the point that we will have to be upgrading at least three years earlier.

Agreement with Heceta Water District

At the time of annexation, unless there is an agreement in place between the District and the City, by state statute (ORS 222.540), the City becomes responsible for providing water to the annexed territory.  The time frame for assumption of this responsibility, in this case, would be July 1, 2001 (ORS 225.465).  The City’s plan will not provide sufficient water by that date to service this area.

As of the date of this hearing, the City does not have an agreement with Heceta Water District to provide water to these parcels.   No agreement has  been drafted, much less reviewed by the Water District Board, the City Council or either set of attorneys.  The staff’s assumption that “the area ... will continue to be served by Heceta, even after annexation, until such time as both Heceta’s and the City’s infrastructure is reconfigured to revise services areas, and there is an accompanying IGA setting policy for future provision of water.”  is misleading.  State statutes provide that unless there is an agreement in place at the time of annexation, the City will assume responsibility for provision of water to these parcels. The staff then takes the misleading statement even further by stating, “Under this arrangement, both the Morales annexation and the Sand Ranch area annexation would be continue to be served by Heceta Water District until other agreements are adopted.”  This is, again, misleading.  There is no agreement, there is no draft agreement, there is no verbal agreement.  All there is in the record are two letters from Heceta Water District objecting to these annexations and setting out issues they wish to discuss - no agreement, no promises that these issues, and possibly others, will be resolved anytime in the near future.  As the staff correctly stated, all that is in the record are “some points of discussion for preparation of an agreement”.

There is no indication when such an agreement will be drafted, much less finalized, or what the terms of that agreement might be.  For example, it is entirely possible the Water District may  wish to place additional water supply restrictions on these parcels because of the District’s reduced ability to provide water to customers inside their district boundaries.  One conversation  between staff members does not equate to an agreement, by any stretch of the imagination.  The Planning Commission must make decisions based on the facts before them. Decisions cannot be made based on “future possible maybes”.   The City Council’s recent termination of the agreement to jointly build a water treatment plant is a perfect example of how quickly circumstances can change, with major implications on the future of the City.

Sewer Capacity

On January 15, 2001, Public Works Director Ken Lanfear informed the City Council that “the
existing collection system has a residual capacity to serve at least 220 additional dwelling units.”   The Hwy 101 area annexation (Sand Dune area) can develop to a total of 224 houses.  The Morales parcel can develop to a total of 218 houses.  The Keubler parcel can develop to a total of 224 houses.  Of course, if either one or all of these parcels are annexed, then there will be one of two results: either the City will have to pay for expansion of the sewer collection system for any new residences in this area, or  development inside existing city limits will have to be placed on a moratorium until funding for a new sewer collection system can be found.

City staff, at the January 15 City Council meeting, stated that funding would “probably come out of a combination of systems development charges and the local sewer assessment district.  As properties are developed, they will be charged fees, which will reimburse the City for the cost.”

First, the systems development fees do not reflect the full cost to the City for expansion of the
existing sewer system.  Second, these property owners have not been informed how much this might cost them.  Third, the City taxpayers have not been informed how much this forced expansion will cost them.

Conclusion

The City has neither  adequate water supply, adequate sewer collection facilities, nor adequate plans or funding in place to provide for them.  For these reasons, these annexations should be denied at this time.

Other Pertinent Information

Although submitted as testimony in another annexation, the comments of Florentine Estates Homeowners Association apply to this annexation, as well.  I have therefore attached their  statement to this letter.

Thank you,

Zane Ziemer, President

Attachments:
– Projected Water Demand
– ORS 222.540
– ORS 222.465
– January 15, 2001 City Council Meeting
Minutes (page 8)
– Documents provided by City Engineers at
2/26/01 Work Session – 2/16/01 Response of Florentine Estates
Homeowners Association
– 1998 City of Florence Water Facilities Plan
(4-14 Groundwater Treatment System)
-- Map of future well field