Cottage Park annexation OK’d in face of citizens ire
Cave Junction City Council also appoints Don Moore to vacant seat replacing Russell Ehrman
During a highly contentious and sometimes emotion-filled meeting that required Mayor Tony Paulson to call a recess to allow Councilor Lynne Atteberry to calm herself, the Cave Junction City Council Monday night, Oct. 8 passed Ordinance 509-1 allowing annexation of property at 370 Cottage Park Drive.
The two-hour meeting also marked the appointment by a 3-1 vote to appoint Don Moore to the seat recently vacated by Russell Erhman. He resigned last month because of relocating to Grants Pass.
The dissenting vote came from Atteberry, who felt that there may be a potential for a conflict of interest problem due to Moore’s position with the Josephine County Rural Planning Commission.
The annexation issue brought a sharp and immediate exchange of comments between Kerby resident John Bowler, the first of many citizens who spoke against approval, and Paulson. The mayor interrupted Bowler as he began speaking to say he did not feel it necessary for Bowler to restate his previously stated objections.
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Bowler disagreed with Paulson and was allowed to continue. He began to outline what he felt were issues concerning the legality of the annexation when Atteberry interrupted his comments to state that she had forgotten where the property in question is located.
She was advised that it is on Cottage Park Drive, to which she responded, “OK, where’s that?” (The drive is off the west end of Hanby Lane).
When Bowler continued, he referred to the comprehensive plan adopted by the council during 2000. Atteberry said, “We don’t have a comprehensive plan.”
The comment brought an immediate reaction from many in attendance concerning Atteberry’s error. At that point she left the council chamber, and Paulson called a recess to allow for a brief cooling-off period.
When the meeting resumed, Bowler stated his objections to annexation centered on adequate police protection. State guidelines for annexation require that the city be able to provide “appropriate types and levels of … police protection.” He also noted that Cave Junction’s own comprehensive plan states that “the city will not annex property into the city unless all public services are available.”
He went on to say that when the comprehensive plan was adopted, the city had a 40-hour a week contract with Josephine County Sheriff’s Office that has since been terminated. He cited Sheriff Gil Gilbertson’s statement that the county lacks adequate police protection, to which Paulson replied, “And so does the city,” apparently agreeing with Bowler’s premise.
Bowler’s comments were followed by other citizen comments requesting that the council consider consulting the city attorney for an opinion rather than pass an ordinance that could result in appeals to the Land Use Board Of Appeals (LUBA). It is a panel of three judges who determine the legality of land-use decisions.
Developer Larry Osborn, whose Manor Communities Development company sought the annexation along with the owners of the property, suggested that the council pass the ordinance. He then turned to some members of the audience opposing the ordinance and challenged them with, “Let’s get it on.”
The council passed the ordinance 5-0, as Moore had taken his seat, but several citizens promised to appeal the vote to LUBA.
In a slightly less contentious issue, the council approved a request by Bob Johnson to divide his land at 650 Caves Hwy. to allow construction of a second home on the 1-plus acre lot. Concerns voiced by citizens about the adequacy of septic systems on the lot were answered by Johnson who said that his plans included a secondary sand filter which would be more than adequate for the situation.
Concerns about the effect on surrounding lots were answered with a statement by Helen Early, council secretary. She said that all owners of adjoining lots had been notified and that none had expressed problems with the lot division.
In other matters, the council appointed Kelly Green, Mary Reynolds and James Tedder, all of Cave Junction, as new members of the Citizens Advisory Council.
The council also approved the sale of two surplus properties. One is a small strip of land between the new Home Valley Bank branch in CJ and the state liquor store, and the second is a .06 parcel on Shadowbrook Drive. Home Valley Bank purchased the first parcel for $1,770; and Shane & Connie Atteberry, who own the adjacent lot on Shadowbrook, bought the parcel for $2,000.
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