Pursuant to notice through the media and in conformance with the Public Meeting Law, Simon Hare, Chair called the meeting to order at 5: 30 p.m.

Transcription

1 APPROVED ON JANUARY 22, 2014 BY THE BOARD OF COUNTY COMMISSIONERS AT THE WEEKLY BUSINESS SESSION WEEKLY BUSINESS SESSION January 8, : 30 p. m. Anne G. Basker Auditorium 604 N. W. Sixth Street, Grants Pass, OR Present: Simon G. Hare, Chair; Cherryl Walker, Vice- Chair; and Keith Heck, Commissioner; Terri Wharton, Recorder These are meeting minutes only. Only text enclosed in quotation marks reports a speaker' s exact words. For complete contents of the proceeding, please refer to the audio recording. Pursuant to notice through the media and in conformance with the Public Meeting Law, Simon Hare, Chair called the meeting to order at 5: 30 p.m. Items discussed were as follows: 1. AFFIRMATION OATH OF OFFICE HARE Commissioner Hare explained the Oath Keepers in Josephine County approached the Board to reaffirm their oath of office. Commissioner Hare, Commissioner Heck, and Commissioner Walker affirmed their oath of office. 2. ADMINISTRATIVE ACTIONS IN CONSIDERATION OF: BOARD DECISIONS UNDER ADMINISTRATIVE ACTIONS WERE MADE AFTER PUBLIC COMMENT WAS RECEIVED a. Approval of Order In the Matter of Appointment of the Chair and Vice Chair for the Board of County Commissioners for 2014( One original Orderfiled with the County Clerk) Commissioner Heck made a motion to approve Order In the Matter of Appointment of Commissioner Walker as Chair and Commissioner Heck as Vice Chair. seconded by Commissioner Walker. Upon roll call vote. motion passed 3-0: Commissioner Heck yes. Commissioner Walker yes, and Commissioner Hare yes. Commissioner Walker chaired the remainder of the meeting. 3. REQUESTS/ COMMENTS FROM CITIZENS: Jack Swift, Josephine County, Vice Chairman of Southern Oregon Resource Alliance( SORA), read and submitted Exhibit A Petition for Open Roads on Public Lands in Josephine County. Sheriff Gilbertson spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Trenor Scott, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Dale Matthews, Grants Pass, discussed the election of Chair and Vice Chair. David McAllister, Josephine County, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Nick Dordan, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Barbara Gonzales, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. John Golden, Selma, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Rycke Brown, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Judy Ahrens, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County and made several suggestions for future Board meetings. Larry Ford, Grants Pass, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Pat Fitzsimmons, Wilderville, spoke in support of the Petition for Open Roads on Public Lands in Josephine County. Sandi Cassanelli, Merlin, spoke in support of the Petition for Open Roads on Public Lands in Josephine County and felt the Board was not treating citizens equally. 4. CONSENT CALENDAR: a. Approval of Minutes( Draft minutes are available for viewing in the Board' s Office) General Discussion December 3, 2013 Weekly Business Session December 4, 2013 General Discussion December 10, 2013 County Administration Workshop December 12, 2013 General Discussion December 17, 2013

2 Weekly Business Session January 8, 2014 Page 2 Executive Session( Open Session) December 18, 2013 County Administration Workshop December 19, 2013 General Discussion December 19, 2013 b. Resolution No In the Matter of an Appointment to the Josephine County Mental Health Advisory Board ( One original Resolution filed with the County Clerk) c. Resolution No In the Matter of a Reappointment to the Josephine Housing and Community Development Council (One original Resolutionfiled with the County Clerk) d. Revised Mission Statement The Board tabled this item to gather input from Department Managers. Board Discussion and Action: Commissioner Hare made a motion to approve Consent Calendar Items 4( a) through 4( c) as listed, seconded by Commissioner Heck. Upon roll call vote, motion passed 3-0: Commissioner Hare yes. Commissioner Heck ves, and Commissioner Walker-- yes. 5. OTHER: ( ORS ( 1) "... notice shall include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects.') Commissioner Hare discussed the shortage in the Planning Department and explained the Personal Services Contract to provide training for the new Planning Specialist. ( One original Contract returned to Human Resources) Commissioner Hare made a motion to approve the Personal Services Contract for the Planning Department. seconded by Commissioner Heck. Uvon roll call vote, motion passed 3-0: Commissioner Hare yes. Commissioner Heck yes, and Commissioner Walker yes. 6. MATTERS FROM COMMISSIONERS: Commissioner Hare said it was a pleasure to serve as the Chair and advised he would be attending a salvage meeting tomorrow relating to BLM and Forest lands. Commissioner Heck discussed the grants provided by the Carpenter Foundation. Commissioner Walker shared her appreciation for Commissioner Hare who served as Chair the past two years. Weekly Business Session was adjourned at 6: 28 p.m. Terri Wharton, Recorder Entered into record: Exhibit A Petition for Open Roads on Public Lands in Josephine County, Jack Swift

3 L). tfii brtp ftilil[ BEFORE THE BOARD OF COUNTY COMMISSIONERS OF JOSEPHINE COUNTY, OREGON In Re: Open Roads on Public Lands in Josephine County PETITION WHEREAS, it is the responsibility and within the scope of authority of the Board of County Commissioners of Josephine County to exercise those powers necessary and proper to protect public safety, health and resources and to promote the cultural and economic welfare of the citizens of Josephine County; and WHEREAS, the disposition of the territory of Josephine County remains nearly 70% in the ownership of the Federal government; and WHEREAS, the citizens of Josephine County have a cultural and economic history of utilizing these public lands and their resources for the multiple purposes contemplated by the Federal Lands Policy and Management Act of 1976 ( 43 U.S. C. 1712); and WHEREAS, recreational and commercial utilization of these lands and resources is dependent upon free and open access to these lands by all modes of travel; and WHEREAS, more than 20% of the citizens of Josephine County are senior citizens who are dependent upon motor vehicles for their transportation; and WHEREAS, there exists a network of roads, rights- of-way, and routes of travel that have been created over the years on the public lands located in Josephine County; and WHEREAS, that network or roads is necessary and essential both to the economic and recreational utilization of the citizens of Josephine County and to the public safety and protection of the citizens and the resources themselves; and 1

4 WHEREAS, the free and open use of many historic roads and routes of travel upon the public lands of Josephine County has been encumbered and impeded by obstructions placed in various locations or by intentional decommissioning of such roads and routes of travel by non-county agencies; and WHEREAS, the obstruction of these roads, rights-of-way and routes of travel and their decommissioning constitute an unauthorized and dangerous impediment to the ability of the County' s public safety agencies to access the public lands; and WHEREAS, Josephine County has an official Management Plan for Public Natural Resources of Josephine County; and WHEREAS, a primary goal of the Access and Travel Management section of that management plan is the preservation of a transportation infrastructure which allows public access to public lands for recreational, economic, customs and cultural purposes; and WHEREAS, Josephine County through its Board of County Commissioners and through its Sheriff has repeatedly advised the responsible Federal Agencies of the need to coordinate road management with the County and its Sheriff; and WHEREAS, the decommissioning, closure and obstruction of historic routes of travel by Federal agencies continues; NOW THEREFORE IT IS RESPECTFULLY REQUESTED that the Josephine County Board of County Commissioners adopt and ordain the " Josephine County Open Roads Ordinance" attached hereto as " Exhibit A." AND IT IS FURTHER REQUESTED that should the Josephine County Board of County Commissioners decline to adopt and ordain the " Josephine County Open Roads Ordinance," they make the adoption a matter of referendum at the next general election. Submitted by SOUTHERN OREGON RESOURCE ALLIANCE 2

5 BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON DRAFT ORDINANCE NO AN ORDINANCE PROHIBITING THE OBSTRUCTION OF CERTAIN ROADS WITHIN THE BOUNDARIES OF JOSEPHINE COUNTY AND LOCATED ON CERTAIN LANDS MANAGED BY THE UNITED STATES FOREST SERVICE OR BUREAU OF LAND MANAGEMENT THE BOARD OF COUNTY COMMISSIONERS OF JOSEPHINE COUNTY ORDAINS: SECTION 1. TITLE This Ordinance shall be known as the " Josephine County Open Roads Ordinance" and shall be referred to herein as " this Ordinance." SECTION 2. PURPOSE The purpose of this Ordinance is to protect the health, safety, and welfare and to preserve the commercial and recreational opportunities of the people of Josephine County by providing for the free and unobstructed vehicular access to the public lands and resources located within Josephine County. SECTION 3. DEFINITIONS 3. 1 " Road" means any transportation-related linear feature including engineered roads and trails in addition to user-defined, non-engineered roads and trails created as a result of public use " Public lands" means the Federally owned lands managed by the Forest Service and Bureau of Land Management pursuant to the Federal Land Policy Management Act and/ or the 1937 Oregon and California Railroad Lands Act. Page - 1-

6 3. 3 " Public Road" means a road on public land or right-of-way on private land acquired by a Federal agency and historically utilized by the public " Obstruction" means any gate, berm, or artificially installed physical impediment to the free use of a road, route or right-of-way SECTION 4. ADMINISTRATION AND ENFORCEMENT The Sheriff of Josephine County shall be responsible for the administration and enforcement of this Ordinance. SECTION 5. PROHIBITION 5. 1 All public roads, rights- of-way and routes of travel located on public lands in Josephine County are to remain open to the free use of the public for the multiple purposes described in the Federal Land Policy Management Act The placement, creation, erection or maintenance of any physical obstruction, gate, berm or other impediment to the free multiple use of public roads, routes or rights-of way on public lands administered by Federal agencies pursuant to the Federal Land Policy Management Act is hereby prohibited. SECTION 6. EXEMPTION Any placement, creation, erection or maintenance of a physical obstruction, gate, berm or other impediment to the free multiple use of public roads, routes or rightsof-way that has been authorized in advance and permitted in writing by the Josephine County Sheriff in advance is hereby exempted from the limitations imposed by this Ordinance. SECTION 7. ABATEMENT 7. 1 Any existing physical obstructions, gates or other impediments to free travel on any historically utilized roads, rights- of-way or routes of travel located on public lands in Josephine County must be immediately removed. Page - 2-

7 7.2 The Josephine County Sheriff is directed to ensure the removal of such obstructions or to execute such removals at the expense of the persons or agencies responsible for their placement or maintenance Any person or agency who fails to comply with an order of the Sheriff of Josephine County speaking to the removal of an obstruction prohibited by this Ordinance shall be civilly liable for the costs of abatement Any person who fails to comply with an order of the Sheriff of Josephine County speaking to the removal of an obstruction prohibited by this Ordinance shall be guilty of a Class A misdemeanor and may be punished by no more than one year in jail, a fine of no more than two thousand, five hundred dollars ($ 2500). SECTION S. EFFECTIVE DATE This Ordinance shall take effect ninety (90) days after its adoption by the Board of County Commissioners. Dated this day of Josephine County Board of County Commissioners Chairman Vice- chairman Commissioner Page - 3-