Commissioner Approve Emergency Declaration For Septic Repair

The green area shows where the problem pipe is and the square shows where the break is

Lincoln County commissioners convened an emergency meeting on July 2 to authorize immediate septic repairs at the Lincoln County Courthouse, after a sewer line problem forced the shutdown of water service to much of the building and raised concerns about public health and access to essential court functions.

The meeting, was called specifically to approve emergency procurement for the septic repairs and to delegate signing authority to Facilities Manager Mike Cobb so work could begin as quickly as possible. Assistant County Counsel Brian Gardner opened by explaining why the gathering met the legal definition of an emergency. “This is pursuant to ORS 192.640 which authorizes the BOC in case of an actual emergency,” Gardner said, noting that the minutes and recording must describe the emergency and justify less than 24 hours’ notice.

He went on to define the emergency in terms of an unforeseen failure that created “a substantial risk of loss, damage, interruption of services, or a threat to property, public health, or safety.”

According to Gardner, facilities staff discovered a failing sewer line affecting “pretty much all of the north drains, sink and toilet drains for the courthouse on all three levels,” which in turn risked significant backups, potential biohazards, and left the building without adequate restrooms for the public. “It’s not just interruption of services,” Gardner said. “It could actually be access to essential government services for people if you know there’s not availability of restrooms to the public.”

Both commissioners agreed the situation met the statutory threshold for an emergency.

Facilities Director Mike Cobb told commissioners he had already shut down water service to the affected side of the courthouse to prevent sewage backup. If the water remained on, he explained, “It’ll back up into the first floor, and that not only causes the slip issue, but it causes a potential biohazard.”

Cobb said initial attempts to clear the line failed, so the county had the pipe imaged to locate the problem. The imaging showed “a dip in it, which is causing a place for particulates to rest, and then a Y fitting that is damaged, causing a lift, so that when you have a backup, it backs up quickly and aggressively.” The damaged section runs under the courthouse from the employee entrance side, in an area that will require trenching to access and replace the failed components.

Gardner told the board that while the total cost was not yet known, the key issue was time, not dollar limits. He said the county did not have the luxury of running a standard competitive procurement process, especially heading into a holiday weekend when contractors were difficult to reach. “The main issue really for Mike to address here was availability to get this work done quickly, so that the courthouse could be fully used,” Gardner said. “We don’t have enough time to go through the normal procurement process… to be honest, nobody’s answering the phone because of the holiday weekend.”

Under the order, Cobb is authorized to bypass normal bidding requirements and instead use “limited competition,” selecting whoever is available to perform the work promptly while still seeking reasonable pricing for time, equipment, trenching, and materials. “Basically, what you would be authorizing here is for Mike to use his best judgment in getting somebody who is available to do the work as quickly as possible, and to try to look out for the county’s best interests in that pricing,” Gardner said.

Cobb said he had a contractor “on the hook” for the next day, with the goal of having the plumbing functional ahead of what is expected to be a busy court day after the holiday.

When asked about public access and safety during construction, particularly in the walkway between the jail and the courthouse, Cobb said the main excavation area may cause “some limited public walkway access” but added that the courthouse being closed during much of the work is “a plus in our favor, especially navigating public safety.”

Both Commissioners praised the staff for their quick response to the situation and approved moving forward with fixing the plumbing issue at the courthouse. Mr. Cobb is now authorized to proceed immediately with excavation and repair to restore full water and restroom service at the courthouse.