BOARD OF COMMISSIONERS'

REGULAR MEETING

November 20, 2007

1:30 p.m.

Commissioners' Conference Room

APPROVED 1/2/2008

 

Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

15. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 07-11-20-10/In the Matter of Ordering the Adoption of the Benton, Lane, Lincoln, Linn Regional Investment Board 2007-2013 Regional Investment Strategy and Recommending that the Strategy and Recommending that the Strategy be Submitted to the Governor for Approval.

 

Milo Mecham, LCOG, reported that this is the strategy the Regional Investment Board is required to adopt under state procedures. He indicated this is for a six year period because the Regional Investment Board work extends for longer than a biennium.  He recalled the Regional Investment Board in the past made grants for businesses for expansion in the area.  He added they had strict criteria for job creation in order to make those grants.  He stated this year the work of the Regional Investment Board has expanded to also include working on the inventory of infrastructure needs for the state.  He said the Regional Investment Board was assigned that responsibility for the four county regions.  He indicated they also included in the strategy the possibility of working on some projects if the legislature grants the money.  He commented that currently the funding for the Regional Investment Board is limited. He indicated there is a dispute as to whether or not there will be more money in the next legislative session.  He explained that the strategy will allow the Regional Investment Board to continue the work it has been doing if the legislature provides funding.

 

Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.

 

MOTION: to approve ORDER 07-11-20-10.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 4-0. (Green out of room).

 

b. PUBLIC HEARING FINAL ORDER 07-11-20-11/In the Matter of the Vacation of Certain Blocks, Lots, and Rights of Way in the Plats of Glenada (Vol. W, P.261), the South Florence Addition to Glenada (BK.2, P.9) and the Amended Map of South Florence Addition to Glenada (BK.2, P. 13), as Platted and Recorded in Lane County, Oregon Plat records (18-12-34-13, 41, 42).

 

Mike Jackson, Land Management, explained that this is an order to vacate certain rights-of-way in the plat of Glenada, the south Florence edition.  He noted the vacation of portions of the plats and rights-of-way is in conjunction with the sale of various county owned portions through the State of Oregon, Department of Parks and Recreation.  He said the vacation is the second of a two-part transfer of the Glenada Dunes Property to State Parks and Recreation.  He recalled the first was vacated on April 4, 2007.  He said they provided legal notice of which they only received one formal objection from Mr. Rosecrans.  He added that they have had several conversations with several residences regarding maintaining access to their properties.  He said they are working hard to make sure they have legal access to their properties, even though they might not have physical access.  He indicated that the access issues existed prior to this vacation.  He recommended approval of the order.

 

Dwyer asked if the adoption of this order could affect any further work with the neighbors.

 

Todd Winter, Parks, responded that if they pass this order as written, it would allow the vacation.  He added when they came to the Board for a work session, a recommendation was made that they allow access and egress to the property and have an easement recorded.  He said since that time they have had discussions with adjoining property owners who have a preference and a different plan.

 

Fleenor reported there are several private property owners off of Bear Creek Lane.  He indicated there is a private property owner where the road contacts her property.  He added Rosecrans have an easement on it but the neighbors to the west do not. He said they werenít sure there were easements associated with lot 1000.  He said they had provided an easement to Mr. Maitland on lot 13.  He requested a drafted amendment that would allow an easement to all of the private property owners across the easement that had already been established.  He said the private property owners are negotiating to sell off an easement on the corner of  lot 800 to one of the other private property owners with the understanding that the easement would be granted to everyone in the area.  He wanted a recorded easement for the property Lane County is vacating for the neighborhood.  He asked if that easement could be added to this board order.

 

Tom Drechsler, Land Management, said they would need to make an amendment and come back.

 

Commissioner Stewart opened the Public Hearing.

 

John Maitland, Junction City, entered a letter into record.  He indicated the easement being granted would allow them to straighten out the road enough where a fire truck could get around the corner. He thought it was moving in the right direction and it would help resolve his problem.  He commented that the person that would benefit the most from granting the easement is Rosecrans.  Maitland noted the easement would move off Rosecrans' property.  He indicated that Rosecrans have said in the past they were told they were no longer to use his road in front of his house, as it is a permissive easement and access was denied.  He said if everyoneís name is added to the easement, Rosecrans could do the same thing and deny access. 

 

Fleenor thought they were close to a reasonable solution.  He said they have done everything they could to get the easement across the property.

 

Maitland stated his biggest concern is that Rosecrans would become the major beneficiary of the easement and he would not be required to make any contribution to developing it.

 

Fleenor indicated that unless they get the corner of that property, Rosecrans would not be the beneficiary because the road wonít change.

 

Maitland wanted to leave it in his name so other people are not implicated and if they get it developed, he would put it in writing that he would extend the easement to any and all people who use it to access their homes and properties.  He indicated that the easement as it stands only affords him access.

 

Connie Bradley, Florence, said she represented her son and daughter-in-law who own property in the neighborhood and they are on active duty.  She wanted to make sure they had access to Cherry Street when the road revision is completed.

 

Winter indicated they were not vacating Cherry Street.

 

Jay Vilhena stated the gate on Cherry was put there by Frank Suniga who has the lot next door.  He said access to the property is available.  Vilhena said Suniga put the gate there because people were coming onto the property.  He indicated that his company owns an oyster farm and the only land access is through Suniga's property and it is not a contract and could change at any time.  He said in the future they want to expand the oyster farm and they want to have legal access to the land.

 

Dwyer said the surveyor and Parks need to review what would be possible to be able to accommodate the oyster farm.  He said he wanted that information reviewed at the next public hearing.

 

There being no one else signed up to speak, Commissioner Stewart closed the Public Hearing.

 

Fleenor requested keeping the record open.

 

Winter indicated he was coming back to record the other property owners over the Maitland easement and to investigate a way to move the oyster farm easement east 30 feet to clear the creek to allow the physical access needed.

 

MOTION: to continue the public hearing until December 5.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

c. PUBLIC HEARING AND FINAL ORDER 07-11-20-12/In the Matter of the Vacation of a Portion of Latta Road, a Public Road, Located in the Northwest Quarter (NW ľ) of Section 23, Township 17 South, Range 1 West of the Willamette Meridian, in Lane County, Oregon, with a Public Heating, and Adopting Findings of Fact (17-01-23-20.).

 

Jackson reported that this is an order to vacate a portion of Latta Road, a local access road and the other order is to dedicate a piece of land to be used as a turnaround.  He added the dedication would only be presented if they approve the area to vacate.  He stated that Latta Road is east of Springfield, approximately eight miles, and runs to the north side of Highway 126.  He indicated that Latta Road was originally dedicated to Lane County in 1968 by the Oestreich family as a public road easement.  He stated the road comes to the Board by petition of the Oestreich family and they are requesting the vacation of the northerly 347 feet.  He added that the other 700 feet will remain.  He said they provided legal notice and have received two objections.  He indicated that Julie Udy had written a letter and McKenzie Disposal Service was concerned about trucks coming around.  He recommended approval.

 

Dwyer asked why it was in the publicís interest to vacate this road.

 

Jackson said it looks more like a driveway than a County road.

 

Dwyer said he received mail indicating the road served a purpose.  He didnít think it was in the publicís interest to vacate it.

 

Tom Drechsler, Land Management, reported the entire portion of the road is internal to the petitionerís ownership and it doesnít extend beyond the bounds of the property.

 

Commissioner Stewart opened the Public Hearing.

 

Julie Udy, Springfield, stated she owns  property on Latta Road.  She commented that the proposed vacation would not be in the best interest of their neighborhood.   She indicated that Latta Road provides an area for people to learn how to ride their bikes and for walking. She said she has a son who is disabled and they walk Latta Road as often as they can.  She asked the Board to put themselves in the position of the people in the neighborhood.  She asked if it was right to take a portion of a public road away from the public to satisfy one homeowner. 

 

Denise Oestreich, Springfield, stated she lives at the end of Latta Road where the road ends.  She said parcel 601 and 602 were purchased by her husbandís family in 1961 and at that time it was just a rut, there was no road.  She said her father-in-law put the road in.  She didnít think this impacted the road as it goes nowhere because it is all private property.

 

Fleenor asked what she would gain by this vacation.

 

Oestreich said they started the application in 1994.  She said they raise beef and with the road going between the two fields to access from one field to the other, they had to block off the road sufficient to stop a cow.  She said their greatest fear is the cow getting to the highway.  She said they wanted to put a cattle guard where lot 601 ends. She said there would still be 700 feet available for walking.

 

Jeff Ray, Land Management, stated that the Ostreichs have executed an easement document for all of their parcels that are beyond the end of the road to go with the vacation.

 

Dwyer commented that he didnít see any public benefit as a result of vacating the road.  He saw a benefit to the property owner.

 

Fleenor didnít see the public interest being served.  He believed the private landowner has options that could be used to help facilitate the movement of cattle.  He thought the landowner had other options.

 

Sorenson stated he didnít see where it was in the publicís interest.

 

Green thought the petitioner was within her rights and he supported it.  He thought it was a safety issue as there was a dedicated turnaround for emergency vehicles.  He thought it was in the  publicís interest.

 

Stewart was supportive as a turnaround would be put in and it would make it safer to travel.

 

MOTION: to approve ORDER 07-11-20-12.

 

Green MOVED, Fleenor SECONDED.

 

Fleenor thought it would be safer to the community.  He changed his mind and thought the public interest would be served with the turnaround.  He thought it was an improvement.  He thought it should move forward.

 

VOTE: 3-2 (Dwyer, Sorenson dissenting).

 

16. PUBLIC WORKS

 

a. DEDICATION AND ORDER 07-11-20-13/In the Matter of Accepting a Deed of Land to Be Used as a Public Road Easement for Latta Road, a Public Road (17-01-23-32).

 

MOTION: to approve ORDER 07-11-20-13.

 

Dwyer MOVED, Fleenor SECONDED.

 

VOTE: 5-0.

 

16. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

17. CORRESPONDENCE TO THE BOARD

 

None.

 

18. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart adjourned the meeting at 3:40 p.m.

 

Melissa Zimmer

Recording Secretary