August 14, 2002

4:00 p.m.

Commissioners' Conference Room

PASSED 8/28/02


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Cindy Weeldreyer present.  County Administrator Bill Van Vactor, Assistant County Counsel Marc Kardell and Recording Secretary Melissa Zimmer were also present.




a.  PUBLIC HEARING AND FINAL ORDER 02-8-14-6/In the Matter of Vacating a Portion of W.W. Hawley Road, Commonly Known as Fire Road (County Road Number 834) Located South of Siuslaw River Road in Sections 21 and 22, Township 20 South, Range 5 West of the Willamette Meridian (20-05-21 & 22). (NBA & PM 7/2/02).


Bob Ezell, Land Management, explained this road proceeding came by a petition to vacate the road with 60% of the landowners participating.  He noted the road was established in 1918 and the petitioners note the road is proposed to be vacated to settle a land use dispute and there is an agreement attached to the document.  He said that transportation planning was in agreement with the road vacation.  He added his office provided notice to the landowners.  He noted there is a 30-foot alternative access road easement to take the place of the vacated road to provide access to the property owners.


Ezell stated earlier today there was an objection by Mr. Malcolm.  Malcolm was concerned that if the road is vacated, it would have an effect on his ability to develop his property.


Ezell noted the road vacation had been posted by mail and publication.  He said they met the statutory requirement of notice to the public.


Commissioner Dwyer opened up the Public Hearing.


Felicia Bryant, 79540 Fire Road, favored this, as it was delaying the sale of her property.  She noted her property originally had a lot line adjustment and it was sold to them with full knowledge that the lot line adjustment had been completed.  She thought she had a legal piece of property but that was not the case. She didn’t think there would ever be a problem selling the property.  She said this matter would allow her to move on.


Kevin Kelly, 79524 Fire Road, said the road does not exist and had not existed for 50 years. He was in favor of this and of cleaning up the rest of Fire Road.  He stated there are contrary County maps that show the Fire Road ending before it goes by his house.  He said the County maintains it to a certain point and stops.  He was told when he bought the property that it was a public road.


Norm Maxwell, 79550 Fire Road, stated he was in favor of this taking place.  He wanted to examine the County policy of roads that are non-existent creating extra lots.


Karen Pidgeon, 27766 Cottage Grove Road, Lorraine, noted she had kept horses on the property in question.  She said there had never been a visible road.


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


Ezell reiterated that the person who was opposed stated if the road was vacated  he would not be able to develop his property.


Kent Howe, Land Management, said he didn’t know where the opposing property was.  He said if they assumed the property is in the rural residential zone, his understanding of the complaint was that under the template test, the owner would not be able to use it to qualify for obtaining a dwelling on his property in the future. He said it was not a provision that had anything to do with the rural residential zone.  He stated if the property owner owns forestland the template test is one of the provisions they utilize to allow dwellings.  He added the template test is required by rule to utilize the parcelization pattern that was in effect on January 1, 1993.  He noted the vacation of the road has no issue at all with the parcelization pattern in 1993.  He thought the opponent was confused on what provision was applicable.


MOTION: to approve Option 1 of  ORDER 02-8-14-6.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


b.  PUBLIC HEARING & FINAL ORDER 02-8-14-7/In the Matter of Withdrawal of County Road Status (But Not the Public Road Status) From a Portion of Duncan Island Road (County Road Number 1357), Which Lies Between the Siuslaw River and the Duncan Slough, Approximately One Mile Southwest of its Connection With Bernhardt Creek Road, and Being Located in Section 15, Township 18 South, Range 11 West of the Willamette Meridian  (18-11-15). (NBA & PM 5/8/02 & 6/26/02)


Dwyer stated he received a request from the owners to roll this matter to August 21.


Ezell explained the proposal to convert this portion of Duncan Island Road from County road to public road is by request of the Public Works Department.   He said the road serves one residence, Mr. & Mrs. Phelps’ Ranch.  He stated it was contended by the Public Works Director that this was not a good use of County road funds for one resident.  He added state laws stated the director needed to make a report to the Board as to why they want to convert the County road to public road.  He noted Lane Manual explained that it was a dead-end road that serves four or less residences and it is allowed to be withdrawn from County road to public road status.


Ezell noted the Phleps’ had not expressed any opposition to this conversion from County road to public road.  He stated one resident objected to the conversion of the road and asked that it not be converted until the landowner had an opportunity to look at their development opportunities.  He added because of the change of time from 1:30 p.m. to 4:00 p.m., he was not able to attend and requested that it be continued until August 21 at 1:30 p.m.  He noted that his department had provided all provisions of notice.


Commissioner Dwyer opened up the Public Hearing.


Nancy and Lourn Phelps, 07891 Duncan Island Road, Mapleton, stated they bought the Duncan Island Delta D Ranch, eight years ago.  She noted it had been abandoned for a long time.  She said they are the last dwelling, with their property going to the end of Duncan Island.  She said they entered the Wetland Preserve Program, working with the National Resources Conservation Service, the Soil and Water Conservation District, the Department of Agriculture and Fish and Game and the Corps of Engineers.  She stated they have a beautiful wetland that had changed over the years.  She thought when they went into the wetland program that they owned the whole end of the island, but they found out there is a property on the tip of the island that belongs to Sandra Donaldson.  She said they had never seen anyone going to the property. She noted when Lane County built the Duncan Island Bridge, they made a public access road to the Donaldson property, but no one had every used it.  She asked that Lane County totally vacate the road, that it not be a public access road and they give a private road to the Donaldsons so they could go in and out of their property and it is not declared a public access road.


Van Vactor noted that the Public Works proposal is to change the status from County road to public access road.


Nancy Phelps stated the 37 acres that belong to the Donaldsons are in the middle of a wetland reserve that is underwater six months out of the year.  She said subdividing the property wasn’t right because it was berry bushes and marshland.


Weeldreyer asked when there are multiple property owners and they change the status of the road, if there was an easement agreement that would be in place.


Kardell responded they had to make sure no access is cut off.  He said they would provide an easement agreement.


Loren Phelps said they wanted to build an observation platform to observe their wetlands.  He noted the Donaldson’s first approach to them was that the road was designated and they had it on their deed, and they wanted to build a road.


There being no one else signed up to speak, Commissioner Dwyer continued the Public Hearing until August 21, 2002 at 1:30 p.m.




Morrison showed Christmas ornaments for the Christmas tree for the White House that were brought into the office.


Green thanked the seniors for coming to the pie and ice cream social at the Fair.


Weeldreyer announced she would be attending the Technical 2002 Conference in Coos Bay on homeland security issues as they relate to fiber optics telecommunications.








ORDER 02-8-14-8/In the Matter of Appointing a Committee to Work on Issues Regarding the Planetarium.


Sorenson suggested making this a task force with a limited time instead of designating a committee that would work on the Planetarium.


Dwyer responded this was a committee to address in more detail the questions raised at the Public Hearing.  He noted the committee would consist of Bill Van Vactor, Bobby Green, Anna Morrison, Warren Wong, either his staff or the Fair Board staff or a combination.


MOTION: to approve ORDER 02-8-14-8.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


Van Vactor recalled that on July 24, 2002, the Board adopted an order improving a public information campaign for five general obligation bonds.  He noted they had to add the Planetarium.  He said the amount would be $4,600 and Warren Wong noted the fairgrounds would like to participate.


ORDER 02-8-14-9/In the Matter of Amending Board Order 02-7-24-8 to Add $4,600 for the Planetarium Bond Measure.


MOTION: to approve ORDER 02-8-14-9.


Morrison MOVED, Green SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Dwyer adjourned the meeting at 4:45 p.m.



Melissa Zimmer

Recording Secretary