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Josephine County commissioners deny landowner's petition to withdraw property from library district
Summary
The Board voted 3-0 on April 15 to deny a landowner's petition to withdraw property from the Josephine Community Library District, finding the territory can be "feasibly served" under Oregon law after public testimony largely opposed the withdrawal.
The Josephine County Board of Commissioners voted 3-0 on April 15 to deny a landowner's petition to withdraw a property from the Josephine Community Library District, adopting Order No. 2026-022.
Wally Hicks, legal counsel, told the Board the decision is governed by the Oregon Revised Statutes and limited to whether the territory "can be feasibly served" by the district. Hicks defined "feasible" as "capable of being accomplished or reasonably assured of success," and said the petition must show service is infeasible for the Board to approve withdrawal.
Petitioner Mike Pelfrey testified that he does not use library services and objected to taxation supporting the district, asserting his property does not receive meaningful benefit and raising concerns about the library environment and activities. Mark Bartholomew, counsel for the Josephine Community Library District, said the petition did not meet the statutory burden of proof, noting the property is accessible by public roads and has no geographic or physical barriers to in-person or online services.
Multiple residents testified during the public comment period. Speakers recorded as Kathleen, Mary Wells, Nancy Lester, Jennifer Roberts, Susan Fischer-Mackey, Mathew Hunt and others spoke in opposition to withdrawing the territory from the library district; one speaker, Steve Crawniger, spoke in favor of the petition. The Board discussed the statutory feasibility standard and concluded the territory could be served under the criteria set out in statute.
Commissioner Colene Martin moved to adopt Order No. 2026-022, denying the petition; Commissioner Ron Smith seconded. On roll call, Commissioners Gary Richardson, Colene Martin and Ron Smith each voted yes, and the motion carried 3-0. The public hearing closed at 9:56 a.m.
The minutes note that if a petition were approved, additional procedural steps could follow, such as a second hearing or an election if sufficient signatures were submitted by district electors; because the Board denied the petition, no further action on this petition was taken at the session. The Board also approved the consent calendar and adjourned the weekly business session at 10:31 a.m.
