BOARD OF COMMISSIONERS'

REGULAR MEETING

September 26, 2001

1:30 p.m.

Commissioners' Conference Room

PASSED 1/16/02

 

12. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND FINAL ORDER 01-9-26-11/In the Matter of Withdrawal of County Road Status (But Not the Public Road Status) From Battle Creek Road, Commonly Known as Battle Creek Stub Road (County Road Number 455), Located in Section 31, Township 18 South, Range 5 West of The Willamette Meridian (18-05-31).

 

Bob Ezell, Land Management, explained the purpose of the public hearing is for the Board to decide whether to follow the recommendation of the Public Works director to change the legal status of the road from a county road to a public road.He noted Oregon Law Chapter 368 requires, in order to withdraw a county road, that the director make a report and explain the reasons.He said this was a sub road that was not needed for the county road system and is a single gravel road serving two families.He added there was a bridge over the creek that is in good condition and even if the road were to change from a county road to a public road, it would still be inspected by ODOT every two years.He noted there was a condition in Lane Manual, 15.410 for criteria and the most applicable is that the road is a dead-end road that serves four or fewer families.

 

Ezell stated his office had provided the public notice as required and no one had objected to converting the road from a county road to a public road.He added that the Public Works Director Ollie Snowden recommended approval.

 

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

 

MOTION: to approve ORDER 01-9-26-12.

 

Dwyer MOVED, Sorenson SECONDED.

 

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

 

b. PUBLIC HEARING, RESOLUTION AND FINAL ORDER 01-9-26-12/In the Matter of Dedicating a Portion of Park Property and Establishing it as a County Road to Serve the Park, Located Within the Boundaries of Armitage Park (17-03-09,10).

 

Ezell explained the proposal for the Board is to consider whether to dedicate a strip of land that matches the existing road as a county road.He noted in 1989 the Public Works Department reported to the Board that the park roads were in the need of maintenance and the parks department did not have the financial ability to maintain the roads, which continue to deteriorate.He said the Board gave direction to staff to develop a special provision in Lane Manual for park roads (and that was done in 1991)15.260 (3).He added that Oregon Law 275.330 has regulations about converting park lands--that there has to be public notice and the Board has to determine that it is in the public interest.He stated that public notice had to be done by publication for two consecutive weeks on September 6 and 14, 2001.

 

Ezell stated that Public Works Director Ollie Snowden recommended the Board accept this proposed dedication of 1.25 miles of the existing roadway for county road and the road also met the specification outlined in the Lane Manual except the 50 foot length.He added Ollie Snowden recommended approval.

 

Sorenson asked if there were any issues about the use of road fund money.

 

Ezell responded, in laying out the roads, they had been specific that in Armitage Park, there are areas to park cars.Those areas are not included as maintenance.

 

Sorenson asked if the people could still use the road if they didnít pay the fee.

 

Tom Stinchfield, Public Works, stated the public could use the road and didnít have to pay a fee.

 

Marc Kardell, Assistant County Counsel, stated that Lane Manual and Code were specifically changed to allow the use of road fund money to supplement parks.He suggested coming back next week with the answer to that.

 

Weeldreyer thought this was a bigger policy question than the agenda item before the Board.

 

Sorenson stated it would be different if there was an entry fee.He said the policy could be in place without an entry fee.He said this is an issue that could be researched.He suggested holding the public hearing but deferring a decision until they get the information.He thought the issue they have is whether to make it a public road.He said it would be a separate issue to have road fund dollars maintaining the road.

 

Kardell noted it would be eligible for road fund dollars for expenditures by Public Works to maintain instead of parks.

 

Stinchfield stated board action would give Public Works the responsibility to maintain it.

 

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

 

Morrison explained the recommendation was for Public Works to come back at the October 3 meeting for a final decision.

 

c. PUBLIC HEARING, RESOLUTION AND FINAL ORDER 01-9-26-13/In the Matter of Dedicating a Portion of Park Property and Establishing it as a County Road to Serve the Park, Located Within the Boundaries of Hendricks Bridge Wayside (17-01-29-4).

 

Ezell explained the background information for Armitage Park applied to this road as well.He added he had provided publication on September 6 and the 14 with the same change with the affidavit in the board packet.He stated the Public Works Director recommended the Board approve this proposed dedication of 0.18 miles for a county road within a park.He said the road met the specifications of the Lane Manual with the exception of a boat ramp.He stated Ollie Snowden recommended approval of the dedication for county roads within the parks.

 

Dwyer stated this action needed to be put with the other one and they should have a public hearing and then defer the decision.

 

Sorenson asked how accessible the road needed to be.

 

Kardell responded the statute stated it needed to be a public road.

 

Morrison opened up the Public Hearing.There being no one signed up to speak, she closed the Public Hearing.

 

Morrison stated action would be deferred until October 3 and they would make a final decision at that time.

 

13. COMMISSIONERS' ANNOUNCEMENTS

Green stated he was in Florence for the Oregon Juvenile Directorís Association Conference.

 

Sorenson stated he was giving a presentation to the Domestic Violence Clinic at the University of Oregon School of Law.

 

Weeldreyer stated she attended the statewide telecommunication conference in Bend.She noted there was 150 people in attendance.She was given a statewide award for being a telecommunications advocate

 

14. OTHER BUSINESS

Van Vactor noted a citizen received a notice of land use violation.

 

John Cole, Land Management, stated Land Management Division had written both Virginia Ulick (listed as property owner of a piece of property along the McKenzie River) and Cindy Ulick, the occupant of a cabin along the McKenize.He noted it was a request for voluntary correction for a nuisance trash violation.She noted Cindy Ulick objected to their departmentís pursuit.

 

Ulick stated it was the first time in three years she had received this letter.

 

Green asked about the process on this matter.He said she needed some type of remediation to get the situation corrected.

 

Morrison said the Board would not be willing to deal with this and there were processes to comply with to follow the directions in her letter.

 

There being no further business, Commissioner Morrison recessed into Executive Session at 3:45 p.m.

 

Melissa Zimmer

Recording Secretary

 

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