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Canby council adopts MOU with Willow Creek Estates HOA to clarify wetland maintenance and contractor liability
Summary
The council adopted Resolution 14-51 (option 2) authorizing a memorandum of understanding with the Willow Creek Estates homeowners association that clarifies that contractors hired to do HOA maintenance will carry liability and that the HOA will not be held responsible for contractor violations; the vote was 5-0.
Canby City Council adopted Resolution 14‑51, authorizing the interim city administrator to execute a memorandum of understanding with the Willow Creek Estates homeowners association that clarifies maintenance responsibilities and liability for work in a wetland area.
Councilor Randy (staff) introduced the item and invited Kara Hawkins of the homeowners association to speak. Hawkins described a decades‑old fence that is falling into disrepair, volunteer HOA maintenance of the park space the HOA has historically tended, and an incident in which someone had applied chemicals in the wetland; she said state testing found five different chemicals in the wetland and that liability concerns and wetland protection motivated the HOA to seek a formal agreement with the city.
Under the staff‑recommended option 2, the city would participate in co‑hiring or coordination for contracted maintenance work and legal counsel advised that the HOA would not be held responsible for contractor violations if the city participates in procurement oversight. Council approved the resolution, including explicit reference to option 2 in the staff report, by voice vote 5‑0.
Next steps: staff will work with the HOA to collect contractor bonding and insurance documentation before signing the MOU and will return any necessary procurement verbiage as an administrative amendment.
