Minutes: Board of Commission Meeting, 10/04/2004 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF
The Baker County Board of Commissioners met for the October 4, 2004 public hearing on the petitions to vacate roads in New Bridge and Richland, Oregon. The meeting was held at the New Bridge Grange. Present were Commission Chair Fred Warner, Jr. and Commissioner Carl E. Stiff.
Commissioner Warner opened the public hearing at 4:10 p.m.
Commissioner Warner introduced staff present, including Roadmaster Helgerson, Assessor Phillips and Planner Shawn Berry.
STAFF REPORT ON PETITION TO VACATE A PORTION OF CARNAHAN LANE:
Roadmaster Helgerson stated that he was very familiar with the area. When dealing with vacating public property, it was a very serious issue and had to be in the public’s best interest to do so.
Roadmaster Helgerson stated that a petition had been filed by David Moore to vacate the last 1600 feet of Carnahan Lane. Both sides along that portion were owned by Mr. Moore. The Board of Commissioners, by statute, could decide to vacate that portion as they had 100% of the landowners in agreement. The Commissioners however, had decided to hold a public hearing. Roadmaster Helgerson stated that in his investigation process, the number one consideration was that a road vacation could not deny access. Roadmaster Helgerson added that he had researched whether or not Carnahan Lane could be considered an RS2477, and he been unable to find historical data indicating such. There were no county journals or maps extending the road past Mr. Moore’s place. Roadmaster Helgerson stated that with those considerations and with the agreement that Mr. Moore would create a good sized turnaround; Roadmaster Helgerson had come to the conclusion that it would be in public’s best interest to vacate that portion of Carnahan Lane.
PUBLIC TESTIMONY:
Carmelita Holland, New Bridge, Oregon: Ms. Holland presented a map that she had created showing what she believed to be the Tim Goodell Wagon Road Trail. This map showed the trail connecting to the present Carnahan Lane and going past Mr. Moore’s property. Ms. Holland gave a brief history of the trail. Ms. Holland was not sure if the Tim Goodell trail went past Carnahan Lane, however if it did, she did not want it vacated. If it did not, then she did not care. Ms. Holland felt that every wagon road needed to be saved even if it was inconvenient for the landowners. Ms. Holland requested that additional time be given to research the possibility of Carnahan Lane being part of the Tim Goodell Trail.
Dale Holcomb, New Bridge, Oregon: Mr. Holcomb remembered the roads around New Bridge in the 1920’s and described the Tim Goodell Trail. It could have been that the trail took a turn at a fork right before Mr. Moore’s place—they were not sure.
Roadmaster Helgerson reiterated the importance that if you were going to claim that a road was an RS2477 then you would need historical data. Roadmaster Helgerson stated that he had yet to find that data.
Ray Anderson, New Bridge, Oregon: Mr. Anderson stated that he was speaking on behalf of David Moore, petitioner. Mr. Anderson thanked the County and Roadmaster for their time and effort. Mr. Anderson stated that the Moore’s understood the public’s concerns and wanted to make sure that everyone in the valley knew that they wanted to be good neighbors. Mr. Anderson stated that the reasoning behind the request to vacate was due to two issues: 1) security, and 2) economic. Mr. Anderson stated that although someone was on the property at all times, the Moore’s only lived there part time and had livestock, horses, equipment, etc. left alone. People often went up the road and had to turn around right at the house and barn. With no one there all of the time, it had become a security issue. The other issue in regards to economics is that the County was unable to expend funds on the road and the Moore’s could. This year alone, the Moore’s spent over $3,000 on road improvements. Mr. Anderson stated that the Moore’s were the type of people that would allow people on their property on a permission basis. They want to be good neighbors and if the County decides to vacate, he assured everyone that as long as the Moore’s owned the property, that they would be good neighbors.
Commissioner Warner questioned if there were any roads behind the Moore’s place. Mr. Anderson stated that there were old jeep roads that ran up to BLM land. The majority of the roads came off of Summit Road and they were not being maintained.
Commissioner Warner asked for additional public comment. None was offered.
Commissioner Warner stated that the County would see if more research needed to be done on historical use of the road and would send out notices when their decision would be made.
STAFF REPORT ON PETITION TO VACATE ALDER STREET AND ALLEY WAY:
Roadmaster Helgerson gave a brief overview of the circumstances. New Bridge was an unincorporated city; therefore the street fell under the jurisdiction of the County. A petition had been filed by several residents requesting the vacation of Alder Street and the remainder of an alleyway to 2nd Street. Roadmaster Helgerson stated that after the petition had been filed a portion of Carmelita and Ed Holland’s property, off of Alder Street, was sold to their nephew, Glenn Griffin. Mr. Griffin had sent a letter requesting that Alder Street not be vacated because it would deny him access. The County had also received correspondence from the Randall’s offering access through their property for Mr. Griffin. Roadmaster Helgerson stated that it had been his recommendation to not vacate the road and alley because they would deny access. Roadmaster Helgerson added that there were other issues involved, including a fence line on Holcomb’s property. The fence line did not match the surveyed line.
Commissioner Warner asked Roadmaster Helgerson to briefly review County’s policy on road maintenance and the procedures to follow for work done in the County’s right of ways. Roadmaster Helgerson stated that even if a road was under the County’s jurisdiction, the County was not required to maintain all of them such as in the case of a local access road. Roadmaster Helgerson added that if someone wanted to do work in the street right of way, i.e. culverts, flower beds, etc. they would need to fill out an application for a permit through the Road Department and the Roadmaster would decide if the permit was granted.
PUBLIC TESTIMONY:
Commissioner Warner read a letter into the record sent by Mr. Glenn Griffin. (See Attachment A)
A brief discussion was held on previous road vacations in New Bridge.
Ms. Knoblaugh (Ewing), New Bridge, Oregon: Ms. Knoblaugh stated that when she lived there, that Alder Street was the only access to her home and to take it away from the people was wrong.
Del Stone, New Bridge, Oregon: Mr. Stone stated that he owned property along Alder Street on the east side and has been elected as spokesperson for the petitioners. Mr. Stone stated that they had pictures from the 1900’s showing flower beds on Alder Street and on the westside of the Randall's property. Mr. Stone stated that he and his wife had moved to New Bridge about five years prior and had been using Alder Street as a driveway. Mr. Stone stated that the use of Alder Street became an issue when he parked his trailer at the end of it in the right of way and Mr. Holcomb reported him to the Sheriff’s Office as a traffic hazard. Mr. Stone stated that he had met with the Roadmaster and had agreed to move the vehicle. Since that time he had found out that it was Mr. Holcomb’s intentions to use Alder Street as a stock driveway. Mr. Stone stated that he had checked with the Assessor’s Office and was told that Alder Street was an unconstructed road and that they could request a vacation if they did not want cattle running down it. Mr. Stone continued by stating that they were thrown a curveball when Ms. Holland sold her piece of property to her nephew. Mr. Stone stated that a letter of intent had been sent to the County regarding the Randall’s granting access through their land for Mr. Griffin should the County vacate the road. Mr. Stone also discussed the matter regarding the new fence he put up for Mr.Holcomb, stating that he had not moved the fence line. Mr. Stone stated that the old fence would not hold stock and they had been crossing over into Dewey Flowers’ place. Mr. Stone stated that Mr. Holcomb tore out the new fence and replaced it with one approximately five feet closer to Alder Street. Now the cattle could reach the plants and flowers that had been planted there. Mr. Stone stated that they wanted Alder Street to look nice for everyone.
Dale Holcomb, New Bridge, Oregon: Mr. Holcomb gave a detailed description of how the townsite of New Bridge was developed and the Homestead Act. Mr. Holcomb stated that his ancestor, Jim Holcomb had plotted the town and before he did that, he had to have had it surveyed and that was when the fence was put in—over 100 years ago. Mr. Holcomb read an old title insurance policy with the legal description of his land. Mr. Holcomb believed this description included Alder Street. Mr. Holcomb also described how an old irrigation pipe was used as a corner marker for the south corner. Mr. Holcomb stated that when Mr. Stone moved his fence, that he moved it four to five feet out. Mr. Holcomb consulted with his attorney, Mr. Coughlin and was advised to put the fence back where it was. Mr. Holcomb stated that when he first met Mr. Stone he liked him, however after a couple of years, Mr. Holcomb had returned to his property to find that Mr. Stone had cut a gate in his fence and was working on his plane in Mr. Holcomb’s field. Mr. Holcomb presented other documents such as a survey letter by Mr. Burgraff. Commissioner Warner requested that all documents that Mr. Holcomb had been referring to, that a copy be delivered to the Commissioner’s Office. Mr. Holcomb also discussed the vacation of a portion of 2nd street in 1966 by Vita Landwire, and presented a deed that Clara Ewing signed in 1979 selling a portion of Lots 4 and 5 to Mr. Holcomb. These lots are now owned by the Stones. Mr. Holcomb stated that if they want to vacate Alder Street, he would not press the charge of his property rights on the Stones, as long as it was agreed upon that the street be left for community use, fenced on both sides and left empty of debris. Commissioner Warner requested a copy of these terms as well. Mr. Holcomb added that when he sold Lots 2 and 3 to the Stones, that he left an easement on the deed for headgates. The Stones were required to maintain the ditch; instead, they covered it up and put a pipe in.
Commissioner Warner questioned if Mr. Holcomb wanted the alleyway cleaned out as well. Mr. Holcomb stated yes. Commissioner Warner questioned if Mr. Holcomb intended to use Alder Street as a cattle road. Mr. Holcomb stated that although he had access off of Governor Lane, he did intend to use Alder Street as well.
Carmelita Holland, New Bridge, Oregon: Ms. Holland presented maps of the New Bridge townsite that she had created. Ms. Holland stated that she had serious problems with the Randall’s granting access through their property and that the Holcomb’s fence had always been straight. The only way that they could have access to the middle of their land was through the alleyway. They had a need for Alder Street and the alleyway if they were going to use their entire property.
Arleen Fash, New Bridge, Oregon: Ms. Fash stated that she lived across the creek from Mr. Holcomb and he had had words with her husband while posting no trespassing signs. Ms. Fash stated that Mr. Holcomb was not a kind man.
Commissioner Warner stated that there had been a lot of documents presented that would need to be studied further prior to making a decision. One major issue was establishing a true and correct fence line.
Commissioner Warner asked for additional public comment.
Sherri Kvamme, New Bridge, Oregon: Ms. Kvamme stated that the community of New Bridge was warm and friendly however over the past 20 minutes she had heard a lot of negative comments. Ms. Kvamme felt that it was unfortunate that not all ranchers were professional. Ms. Kvamme had met a lot of ranchers and most did all that they could to keep the cattle from going through their neighbors’ yards. Ms. Kvamme stated that her mother had legally sold the property to the Stones and remembered the use of the Alder Street very well. Ms. Kvamme felt that agriculture should stay in agriculture areas and the town of New Bridge should have the right to enjoy themselves without the trespass of cattle. Ms. Kvamme stated that she was also concerned with comments that had been made about newcomers coming to the area and making trouble. If newcomers hadn’t come, New Bridge would be in trouble. Ms. Kvamme added that the story about Alder Street always being used was wrong and that Ms. Holland had only used the alley once in the six years that Ms. Kvamme had lived there. Ms. Kvamme stated that they had more roads than they did homes and opening Alder Street to cattle would be immoral, illegal and unkind.
Mr. Holcomb discussed a concern that if streets were closed it could be in violation of the water system loan with the State of Oregon.
Consensus was reached that Baker County would review the additional information received and advertise when their decision would be made.
Commissioner Warner closed the hearing at 6:08 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners