BOARD OF COMMISSIONERS'

REGULAR MEETING

January 14, 2004

1:30 p.m.

Commissioners' Conference Room

APPROVED 2/10/04

 

Commissioner Bobby Green, Sr. presided with Commissioners Bill Dwyer, Don Hampton, Anna Morrison and Peter Sorenson present.  County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.

 

15.  PUBLIC HEARINGS

 

a.  PUBLIC HEARING AND ORDER 04-1-14-7/In the Matter of Approving a Letter to the Oregon Department of Transportation (ODOT) Providing Support for Local Bridge Repair and Replacement Projects Eligible for 2003 Oregon Transportation Investment Act (III) Funding, Otherwise Known as OTIA III.

 

Jason Lian, Public Works, explained that OTIA III funding provides $300 million for replacement or repair of deficient county and city bridges across the state.  He noted in September the Board authorized submission of Lane County applications to this program.  He added they have submitted the applications in October and this is an opportunity to comment on the applications that were submitted.  He said the initial application pool from Lane County consisted of a bridge in Springfield on North A Street, the Ferry Street Bridge in Eugene and six county bridges (Row River Road, Sharps Creek Road, three bridges on London Road and a bridge on Fur Butte Road.)  He said of the eight projects that were submitted from the County, that six might be candidates for funding.  He said they are the county bridges excluding Fur Butte Road and the Ferry Street Bridge.  He noted the bridge in Springfield did not meet the intent of the OTIA III funding.   He stated that seven of the applications are complete.  He recommended they be considered for funding.

 

Lian indicated that once comments are submitted from local areas commission on transportation; the Oregon Transportation Commission is scheduled to approve local bridge projects next month.  He anticipated for the funded bridges on the County system that construction could begin as late as spring of 2005 or as early as late in this year.

 

Commissioner Green opened up the Public Hearing.

 

There being no one signed up to speak he closed the Public Hearing.

 

MOTION: to approve ORDER 04-1-14-7.

 

Dwyer MOVED, Hampton SECONDED.

 

VOTE: 5-0.

 

b.  PUBLIC HEARING AND FINAL ORDER 04-1-14-8/In the Matter of Vacating a Portion of W.W. Jackson Road (County Road Number 723) Beginning at Fox Hollow Road and Extending Southwesterly Approximately 1 Mile, and Being Located in Sections 35 and 36 of Township 18 South, Range 4 West, and Section 2, Township 19 South, Range 4 West of the Willamette Meridian. (18-04-35&36 and 19-04-02). (NBA & PM 11/5/03)

 

Bill Robinson, Land Management, explained that the Board has to decide whether the vacation of a portion of W.W. Jackson Road (County Road 723) that runs from Fox Hollow Road southerly approximately a mile, is in the public interest.  He said it is recommended that a public hearing be held because the legal right of way of W.W. Jackson Road is a connector between two County roads.  He noted the Board approved Resolution and Order 03-11-5-6. to set the hearing date of January 14, 2004.

 

Robinson noted the Surveyors Office of the Department of Public Works had received a valid petition requesting the vacation of a portion of W.W. Jackson Road.  He noted the petition to vacate was received in September 2001.  He added an addendum to the petition was received in April 2002.  He said supplemental materials submitted for this hearing by K. Robert Ezell, Retired County Surveyor offers an opinion on this proposed vacation.  Ezell noted the vacation of the right- of-way for the portion of W.W. Jackson would allow the owners to more fully utilize their property without the encumbrance of the undeveloped road right-of-way. 

 

Robinson said the petitioners state the right-of-way proposed to be vacated has not been used for several decades and is not needed by the petitioner or nearby properties as they take access from Fox Hollow Road.  He noted that Lane County Transportation Planning Department has stated that they have no objection with the proposed vacation, but if the vacation is approved, only one access from Fox Hollow Road (tax lot 200) shall be permitted per Lane Code 15.045.  He noted that Lane Electric Coop has distribution lines in the area and the petitioners have provided an easement for their benefit.  He added that no property would be denied legal access as access easements have been executed for the benefit of parcels that do not adjoin Fox Hollow Road.

 

Robinson indicated the proceedings that propose to vacate the subject portion of W.W. Jackson road had provided ample opportunity for comment from the public, affected homeowners and outside agencies.  He added that all legal requirements of notices have been provided in accordance with ORS 368 and the Board is free to act.

 

Robinson noted the alternative and options for the Board to consider are: to approve the vacation of a portion of W.W. Jackson Road (County Road 723), deny the vacation of a portion of W.W. Jackson Road or continue the matter for further consideration.  He noted the Public Works Director’s report recommends that the Board support Option 1, to approve the vacation of the described portions of W.W. Jackson Road as petitioned for.  He added that all statutory procedures necessary for the vacation of the above-mentioned portion of W.W. Jackson had been complied with.  He noted the applicant had paid fees and is interested in getting this matter resolved.

 

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

 

Robinson said it would move an encumbrance off of their property.  He said it takes a County road out of the system that had not been maintained for decades and takes it out of the maintenance potentiality.

 

Kent Howe, Land Management explained there are five lots involved and they have had legal lot determinations made on them.  He said planning applications for forest dwelling fees are in the F2 zone.

 

Dwyer asked if the legal lot determinations would have been made had the road not existed.

 

Howe said that planning applications had been made on these properties in 2002 and approved and noticed to surrounding property owners.  He said final land use decisions have occurred on five of the properties. He added that building permits had been authorized on three of those and structures are in place.  He noted they have final land use decisions and the vacation of the road from the planning standpoint is immaterial to the actions that have already been authorized.

 

Don Nichols, Land Management, noted the road was not found in the seventies and eighties and there are houses built that the road goes underneath.  He said they are vacating a road where houses were built on top.

 

Dwyer was opposed to vacating the road.  He said it wasn’t in the public interest.  He noted that planning made a mistake that allowed something to be built where it shouldn’t be built and that is not in the public’s interest.

 

Commissioner Green opened up the Public Hearing.

 

Edwin St. Clair, 30766 Fox Hollow Road, .stated in 1979 there was a legal subdivision that created three parcels.  He said the issue of the road did not come up during the creation of the subdivision.  He said subsequent to that they ended up buying all three parcels.  He noted in 1982 they applied for a permit for the home where the road goes through.  He said at that point no one knew about the road.  He noted the title insurance policy on the property never made any mention of the road.  He said the first time they heard about the road was three years ago when the petition was filed to vacate.  He stated they had nothing to gain from this as the vacation of the road would not create any more parcels but it does put a cloud on the title.  He indicated there was no trace of the road having been built

 

Norm Maxwell, 79550 Fire Road, said the using of a road is to create another tax lot.  He said according to a decision for the Fire Road signed by Gary Darnielle, that roads real or imagined are an easement and they do not form a property line by which you create another tax lot.  He submitted documentation regarding this vacation.

 

Derek Jereis, stated he was the owner of the five parcels and through a title search he discovered there was a vacant road through his property.  He was in the process of doing legal lot determinations because he wanted to readjust the existing five lots.  He said the issue that Bob Ezell brought up was a disagreement with land use on the constitution of legal lot versus a non legal lot He noted he turned this in 1999 for legal lot verification and it was held for a year before land use would make a decision on the legal lots.  He said at that point Bob Ezell disagreed with legal counsel and Ezell held this for three years until he retired. He noted the road goes through his neighbor’s h ome and he was interested in getting the road out of there.  He added it was plotted in 1912 prior to dams.  He noted the road is impassable and meets none of the County standards.

 

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

 

Green asked if this was approved what the net affect would be.

 

Vorhes responded the vacation wouldn’t create any additional parcels or legal lots.  He said their act of vacating would remove the public record of the County road that was established in 1912. 

 

MOTION: to approve ORDER 04-1-14-8.

 

Morrison MOVED, Green SECONDED.

 

Dwyer didn’t support the motion as it sends a bad message that land management makes mistakes and then the Board fixes them.

 

Sorenson didn’t think this was in the public’s interest.

 

Hampton asked what would happen if this wasn’t approved.

 

Vorhes stated he didn’t think anything would happen immediately.   He noted there is a county road right-of-way in existence.  He didn’t know what type of actions the property owners might want to take.  He said it is possible little will happen and the road record will remain on the property encumbering the property the same way it does now. 

 

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

 

16.  COMMISSIONERS' ANNOUNCEMENTS

 

Green announced that tomorrow the Tourism Summit would take place.  He also noted there would be a special meeting on Friday to appoint the District 8 representative.  He noted there would be a Martin Luther King celebration at the Hult Center.

 

17.  CORRESPONDENCE TO THE BOARD

 

None.

 

18.  OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Green adjourned the meeting at 3:00 p.m.

 

 

Melissa Zimmer

Recording Secretary