Board Members present: Susie Smith, Jeff Osanka, Mike Dyer, Sandra
Bishop, and Dorothy Anderson.
Others present: Randy Berggren, Gale Banry, Tom Buckhouse, Marty
Douglass, Tim Downey, Everett Jordan, Garry Kunkel, Roseanna
McArthur, Jim Origliosso, Laurie Power, and Krista Hince of the EWEB
staff; Don Haagensen, EWEB Special Counsel, Win Calkins, EWEB General
Counsel; and Kim Kunkel, Minutes Recorder.
President Smith opened the meeting pursuant to ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed in relation to the Walterville/Leaburg project relicensing.
Following a review and discussion with the Board of the process, parties, and relicensing issues involved in the 9th Circuit lawsuit, Mr. Kunkel summarized his understanding of Board direction, as follows: Staff will proceed to develop the EWEB Respondent Brief in accordance with the issues list presented to the Board in Executive Session. The briefing document will be coordinated, managed, and filed by EWEB staff according to the briefing schedule presented to the Board, and as modified thereafter. A draft copy of EWEB's brief will be made available to individual Board members for review prior to filing with the 9th Circuit Court of Appeals.
In addition, Mr. Kunkel summarized that staff would return to the next meeting of the Board with a proposed Resolution for its consideration that would direct staff to explore the concept and appropriateness of an "Irrevocable Land Trust." Following such analysis, staff will return to the Board a recommendation.
The meeting adjourned at 7:26 p.m.