.

MINUTES OF THE

DUNES CITY ROAD COMMISSION

November 15, 2010 at 6:30 pm

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City Hall - 82877 Spruce St., Westlake, OR 97493

 

1. Call to Order

The Road Commission meeting was called to order by Road Chairman, Troy Sathe at 6:31 p.m.

2. Roll Call

Roll Call was taken by Road Secretary, Selena Carter.

Present: Road Chairman Troy Sathe, Commissioner Henry Leach, Commissioner Mike Smith, and Commissioner Duke Wells.

Absent: Commissioner Jerry Curran (excused) and Commissioner Jo Owen (excused).

Others Present: Mr. Bill Sathe, Mr. Ron Tucker, Mr. Tom Bassett, Mrs. Jennifer Jones, Mr. George Burke, Mr. Richard Bailey, Mr. Richard Beaudro, and Planning Chairman Lee Riechel.

3. Pledge of Allegiance

All who were present stood for the Pledge of Allegiance.

4. Approval of the Agenda

Commissioner Leach made the motion to approve the Agenda as presented. Commissioner Smith seconded the motion. The motion passed by unanimous vote.

5. Approval of the 10/18/2010 meeting minutes

Commissioner Wells made the motion to accept the minutes of 10/18/2010 as amended. Commissioner Leach seconded the motion. The motion passed vote by 2 ayes and 1 abstain (Commissioner Smith).

 

6. Announcements / Correspondence

Chairman Sathe announced the following:

· Letter to Tonapah Retirement Trust regarding Maple Drive.

· Dyer Partnership 2010 Street Projects.

· Russell Drive – Trimmed tree limbs but still need to have the tree limbs removed.

7. Citizen Input

There was no citizen input.

8. Unfinished / Old Business

· Update by Commissioner Smith regarding his search for a trailer.

Commissioner Smith stated that his father-in-law has a trailer the Road Commission could possibly use in the interim until the Road Commission receives their trailer.

· Update by Commissioner Curran and Ron Tucker regarding street ownership.

(Nothing to report.)

· Discussion of the dead cedar trees located on Buckskin Bob Road.

Commissioner Wells gave a report on four companies he looked into. He is waiting to hear back from two of the companies.

· Update on the provision / ordinance regarding the rights of the Vice-Chairman to vote while acting as Chairman. Selena Carter handed out a copy of Ordinance No. 208 drafted by Fred Hilden.

Commissioner Smith made the motion to forward the draft of Ordinance No. 208 to the City Council for their approval. Commissioner Wells seconded the motion. The motion passed by unanimous vote.

· Update on Laptop – Selena Carter announced she was using the new laptop and gave a copy of the price and specs to the Road Commission. Commissioner Smith stated he does not remember authorization to buy a laptop and was upset regarding the price. Selena Carter read the statement from Fred Hilden regarding the purchase of a Laptop.

· Update about fence on Foothill Drive –Selena Carter presented the Road Commission with a copy of a letter that was sent to the Skeele's from Lane County regarding the fence.

9. New Business

· Discussion of street vacation on Buckskin Bob

Chairman Sathe stated he received a letter from Tom Bassett, Rich Bailey and Lorraine & Mason Davis to vacate Dunes City's ownership of the unpaved and last 25 feet of paved, dead end portion of Buckskin Bob Road. Chairman Sathe stated that if the City was to vacate the easement, the property owners would pay to have the trees removed at their expense and any fees associated with transferring the property over. Chairman Sathe stated if the Road Commission agrees to move forward with this request then it would be recommended to the City Council.

Jennifer Jones ~ 5425 Buckskin Bob ~ Dunes City

Jennifer Jones stated her concern regarding her kids using the City area to put boats in and access the lake. Jennifer questioned what kind of access the kids will have if the City area turns into private property.

Richard Beaudro ~ 5431 Buckskin Bob ~ Dunes City

Richard Beaudro stated that his property is adjacent to the road right-of-way and if it vacates he would like to benefit from it.

Chairman Sathe stated that it will go before City Council and there will be a public hearing on the issue, and that anyone is welcome to bring their concerns.

Commissioner Smith stated that the only properties that would be affected would be 4300 and 4800.

Planning Chairman, Lee Riechel stated that once the property is vacated the piece of land is in the riparian zone.

Commissioner Wells stated that he has no problem with the vacation of the property as long as there is some kind of stipulation that the kids and community can still have access to the lake.

Tom Bassett ~ 5466 Buckskin Bob ~ Dunes City

Tom Bassett stated that the only concern right now that he sees is to address the access to the lake.

Commissioner Smith asked Tom what would be the benefit for them to have the area vacated. Tom stated that by gaining 25 feet, it would put their house within a legal lot.

Commissioner Smith also stated his concern is where the current water lines are buried on the right-of-way.

George Burke stated he is totally opposed to any vacations of any right-of-ways. George stated most of the lake does not have public access in general and those that do are private.

Planning Chairman Lee Riechel said he is not aware of any road vacation in the last 15 years.

Chairman Sathe stated since we have heard comments on the Buckskin Bob issue, how would the Road Commission like to go forward with this.

Commissioner Wells stated that he would vote no.

Commissioner Smith stated that he sees both sides of the discussion and there should be more investigation.

Commissioner Leach stated that we should inform the City Council this is what has been brought forward to the Road Commission.

Commissioner Smith made the motion to move forward with the vacation request on lots 4300 & 4800 by Tom Bassett, Richard Bailey and the Davis's to the City Council for their review and recommendation. Commissioner Leach seconded the motion. The motion passed by unanimous vote.

· Trail Camera

Selena Carter presented to the Road Commission a copy of four different trail cameras to review.

George Burke commented on the legality of having a road camera.

Commissioner Wells made a motion to buy the Trail Cam Tasco 5 MP from Bi-Mart if it is legal for the Road Commission to use. Commissioner Smith seconded the motion. The motion passed by vote of 2 ayes and 1 abstain (Commissioner Leach).

· Fishmill Way Complaint by Judy Bedsole

Chairman Sathe read the complaint by Judy Bedsole to the Road Commission. Chairman Sathe stated that George Burke put a fence and retaining wall where the City engineer told him to put it on Fishmill Way.

Judy Bedsole ~ 4840 Summit Ave ~ Westlake

Judy Bedsole stated there was a temporary right-of-way permit issued by the Road Commission a few years back. Judy said her complaint was that the permit was issued incorrectly. Judy spoke of the fence that was put in and questioned why it did not run to the other people’s property.

Commissioner Sathe stated that the fence was put up for safety reasons.

Judy Bedsole stated the road looked good. Judy said she wants something in writing that says the City is going to do something about it or not do something about it, which will give her ammunition as to how she is going to pursue it.

Commissioner Leach stated that there is no obstruction to the road.

Commissioner Smith asked Judy Bedsole on what basis is she making the determination that the temporary right-of-way permit was issued illegally.

 

Judy Bedsole stated that it was written in her complaint letter.

George Burke ~ 4838 Lake Blvd ~ Westlake

George Burke stated that this harassment has been going on since 2004 on this wall. George stated at some point the City has to stop entertaining complaints from these people or he is going to be forced to go to court. George said he has been before the Road Commission and City Council answering the same "idiotic" questions with no truth behind them a dozen times. George stated the reason for this wall was in the agreement where the City and himself, through the Road Commission, would take out the trees and stumps. George said he agreed to put in the retaining wall where the trees were removed and work with the Road Commission. George said he was told that he needed a right-of-way permit. George said in 2003-04 Bob Petersdorf told him that he should not put in the wall at the moment because the City was in negotiations and redesigning a road plan for the corner and Fishmill Way. George stated that he stopped work on the wall because he did not know where the road was going to go. George said the wall was never put in under the right-of-way permit that he got in 2004. George said in 2006 he got the ok to move forward with the wall and built it accordingly to the City engineer's plans and specs. George stated this is nothing more then harassment towards him and at some point this has to stop.

Commissioner Wells stated one reason why he ran for City Council is to stop problems like this.

Commissioner Smith stated that he hopes there is a change in demeanor on lawsuits with the new City Council.

Commissioner Leach apologized to Mr. Burke because the Commission is so new and he (George) has to keep repeating himself. Commissioner Leach stated that the road is a done thing and everyone should enjoy the road.

Commissioner Smith made a motion that if the temporary right-of-way use permit as described in the complaint is not being utilized or no longer valid and not open, then to dismiss the complaint. Commissioner Wells seconded the motion. The motion passed by unanimous vote.

Chairman Sathe asked Judy Bedsole if this fence/wall is found to have not been built under the permit will you (Judy) leave this issue alone or keep going?

Judy Bedsole stated that she will take it back to the attorney and they can tell her what to do.

Chairman Sathe stated to Selena Carter that we need to find out if the retaining wall was built under the permit or not. Chairman Sathe said if it was not built under the permit then this complaint has no basis and there is no reason to take it to City Council.

Commissioner Smith asked Judy Bedsole if there is signage exiting the property telling people which way to go.

Judy Bedsole stated she does not have any.

Commissioner Leach made a motion that we send a letter to Fishmill Lodges instructing them to remove the sign on their property that says right turn only per Ordinance [182, Section] 155.2.2.130. Commissioner Smith seconded the motion. The motion passed by unanimous vote.

· Master Road Plan

Will be discussed at December's meeting.

10. Unscheduled Items Not Listed on the Agenda

Commissioner Wells stated that it is time to put Fishmill Way to bed.

Commissioner Smith stated you make a living by what you get; you make a life by what you give.

Commissioner Leach thanked the Commissioners for their hard work.

11. Adjournment

There being no further business to come before the Road Commission, Commissioner Wells made the motion to adjourn the meeting. Commissioner Smith seconded the motion. The motion passed by unanimous vote.

The meeting of the Dunes City Road Commission adjourned at 9:25 pm.

The proceedings of the Dunes City Road Commission meeting were recorded on tape, and are on file at City Hall. Upon approval by the Road Commission, these minutes will be available online at www.dunescity.com

Approved by the ROAD Commission on the 20th day of DECEMBER, 2010.

[ Signed copy available at City Hall ]

Troy Sathe, Road Commission Chairperson

 

ATTEST:

[ Signed copy available at City Hall ]

Selena Carter, Road Secretary

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