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2002-1189-Minutes for Meeting September 11,2002 Recorded 9/18/2002COUNTY OFFICIAL MARY HSUESPENHOLLOW, COUNTYRCLERKS Vd 2002.1189 COMMISSIONERS' JOURNAL 09/18/2002 03;03;37 PM 11111111111111111111111111111111 20020011891 Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, SEPTEMBER 11, 2002 Note: The first part of the meeting was held at Sisters High School, with a Student Question & Answer Session first, followed by the regular Board meeting. Present were Commissioners Tom DeWolf, Dennis R. Luke and Michael M. Daly. Also present was Mike Maier, County Administrator; Mike Dugan, District Attorney; Scott Johnson, Commission on Children & Families; Kathy Drew, Mental Health Department; Mark Amberg, Legal Counsel; Tom Blust, Road Department; George Read, Community Development; and Timm Schimke, Solid Waste Department. Also in attendance were Connie Thomas, Commissioners' Office; Media Representatives Barney Lerten of bend.com, Mike Cronin of the Bulletin, and a reporter from Z-21 TV; various teachers and school administrators; about fifty students; and Jack and Andrea Blum, citizens. Chair Tom DeWolf began the question & answer session at approximately 9:30 a.m. Chair DeWolf welcomed the students, and explained the reason for the Commissioners' visits to the schools. ; The Commissioners all spoke regarding the ceremony held at the school earlier in the day in observation of the first anniversary of the events of September 11. They also explained that the world is not a safe place; and even though Central Oregon is somewhat isolated, local agencies are constantly working towards preparing for any event. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 1 of 22 Pages Chair DeWolf then spoke to the students regarding their rights and responsibilities when they become voting age, and distributed voter registration material to those students who are, or will soon be, old enough to vote. He stressed that students need to become involved in their local government, as decisions made by government agencies will affect their lives in many ways. The students were also advised that one day they would take control of the world, as their parents have before them, and young people need to be involved and informed. Commissioner Luke introduced Barney Lerten of bend.com, and Barney explained the nature of the Internet news business. Introductions of County representatives were made, and each explained the role of his or her department. Representatives of the Sheriff's Office and the Health Department could not be present, but Chair DeWolf explained how they are preparing - and have been prepared - for disasters and emergencies of all kinds, including wildfires, earthquakes, volcanic activity, diseases, and human -caused disasters. Upon being asked by a student how these services are coordinated, he answered that they work closely with other agencies, including local, state, and national, to coordinate communications and services. However, Central Oregon can stand alone in an emergency if necessary. The Board introduced citizens Jack and Andrea Blum, and Ms. Blum, who is President of the local League of Women Voters, spoke about the importance of citizen involvement. At this point, the students left for other classes. 1. Before the Board was Citizen Input. Nothing further was offered. 2. Before the Board was Consideration of Signature of a Domestic Geographic Name Report, Recommending the Area in and Around Newberry Crater in the Deschutes National Forest be Named Newberry Volcano. LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 2 of 22 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: I move approval of the Consent Agenda. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items: 3. Chair Signature of a Proposed Work Plan and Budget between the USDA Wildlife Services and Deschutes County for Wildlife Specialist Services 4. Signature of Resolution No. 2002-090, Transferring Appropriations within. Various Accounts of the Deschutes County Fiscal Year 2002-03 Budget for the Road Department, and Directing Entries 5. Signature of Order No. 2002-116, Transferring Cash among Various Funds of the Deschutes County Fiscal Year 2002-03 Budget, and Directing Entries 6. Ratification of Chair Signature of an Oregon Liquor Control Application for the "Inn Cafe ' at Eagle Crest CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $679773.18. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 3 of 22 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $41.44. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $635,128.68. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. At this time the Board recessed the meeting in order to return to Bend and conduct a public hearing. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2002-100, regarding the Vacation of a Portion of 18th Street, 19th Street, and Central Avenue, Terrebonne. Chair De Wolf brought the continued meeting to order at 11:30 a.m. Present were Commissioners Tom DeWolf and Dennis Luke; Commissioner Michael M. Daly could not attend. Also present were George Kolb, Road Department; Laurie Craghead, Legal Counsel; and several citizens. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 4 of 22 Pages George Kolb of the Road Department gave a brief overview of the proposed vacation. The applicant, Ike Abbas, wishes to put in a small development on a cul- de-sac, and will pave the road as necessary. A road vacation is necessary for this to occur. Mr. Kolb said that Debbie Ridgeway, who owns a neighboring property, has contacted him; she has expressed some concerns about the road vacation. He added that testimony has been given by utility companies, and there is a utility easement retained over the vacated road. Commissioner Luke stated at this time, for the record, that Ms. Ridgeway is related to Mrs. Luke. Laurie Craghead, Assistant Legal Counsel, explained that he needs to state he is not biased because of this, and the parties can voice an objection to his participation if they feel he might be biased. Commissioner Luke said that he feels he can be impartial and unbiased. At this time, Chair DeWolf opened the public hearing. Both parties, Ike Abbas and Debbie Ridgeway, indicated that they have no objection to having Commissioner Luke participating in hearing this issue. DEBBIE RIDGEWAY: I guess my biggest concern is what the plan is for the property behind our property. LUKE: Do you mean towards First Street? RIDGEWAY: Behind it, like towards 18th Street. (The Commissioners then viewed a map of the properties.) RIDGEWAY: What I don't quite understand is why we are vacating the property anyway. I mean, I understand he needs road access to get to those properties, but I would just as soon see him use C Avenue and part of 19th Street instead of vacating all the rest of it. GEORGE KOLB: This is what the vacation is based on. (He went over a map with the Commissioners at this time.) Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 5 of 22 Pages RIDGEWAY: Is an 80 -foot right of way really needed? Most of the roads in Terrebonne -- KOLB: It's a 60 -foot right of way. RIDGEWAY: Well, when I bought my property the map showed 80 feet. LUKE: You'd be coming off First Street on Central, so Central wouldn't change. So about here, you're vacating this, so this would come in I9th Street, it stays. So it really doesn't change much with your lot. RIDGEWAY: It does, because there is no road there now. And the road is going to come -- LUKE: But the right of way is there. RIDGEWAY: The right of way is there, yes. LUKE: Anybody could put a road in there. RIDGEWAY: Right. KOLB: He will have to go through a land use action for the partition. (Hard to hear; off microphone.) DEWOLF: We can't have conversations out there; we need them on the microphone. Have everybody get up at a mic so we can all talk. KOLB: He will be, as part of the partition, doing a land use action where she will be notified of anything pertaining to that land use action. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 6 of 22 Pages LUKE: The only thing on the hearing today would be if we're going to vacate the pieces in dark. We are not actually making any decision on what will go in there and those kinds of things. KOLB: No. DEWOLF: So, from the Road Department's perspective, you're not seeing any need for those portions that we are talking about vacating. KOLB: No. DEWOLF: And every piece of property will retain access once this cul-de-sac is in there. Nobody is going to be landlocked. KOLB: Exactly. LUKE: Is First Street in? KOLB: Yes. It's a collector. None of the other roads are. LUKE: But 19th is not in, and 18th is. KOLB: No. You can go from First Street over to the rim. There are no roads in there at all. LUKE: Central is not in either? KOLB: No. We have had quite a few vacations in this area. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 7 of 22 Pages LUKE: Are you down at the bottom of the hill? RIDGEWAY: Actually, my daughter is the one who is living in the place right now. We're back down by the cemetery. DEWOLF: Is any of this built out -- are you the only one who's there? RIDGEWAY: No. There is a house on both sides of us, on First. DEWOLF: With access off of First. RIDGEWAY: Yes. IKE ABBAS: And I own those and everything around it. DEWOLF: Can I get an understanding of what -- I mean, I know you say you want to know what is going to happen there. There are only certain things that can be done within any particular zone. And I think this is an accurate statement for all three Commissioners; which is that our desire is always to do what we can to facilitate people doing what is allowed within the law with their properties. And he wouldn't be allowed to do anything that doesn't fit the Code. And, within that, I guess I need to understand your objection. RIDGEWAY: You know, I don't have an objection to him doing whatever he's going to do back there. What I would like to see done is have his access come in off of C, and not vacate that section behind 19th. So that the road won't be right next to our fence. Because, he has this property right next to it, and C Avenue is open, so I would like to see why he couldn't come in off of C and not vacate that section behind 19th Street. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 8 of 22 Pages RIDGEWAY: I mean, I understand why he is wanting to vacate that right there, because that's where the irrigation water and some of those things come in, which would have to be changed. But that's what I'd like to see, his access to those pieees of property coming in on C and then behind on 19th Street. DEWOLF: Is C being vacated? KOLB: Actually, there is an application to vacate C Avenue below there. DEWOLF: Between First and 18th LUKE: Between 19th and First. (A discussion occurred at this time regarding the maps and what has been vacated and is proposed to be vacated.) I rliJ:i�i From a road engineer's standpoint, to me - and I'm not standing on the ground so I don't know what problems are in the way - this cul-de-sac has to be big enough for a fire truck to turn around. Isn't it better to have a straight road serving the lots? KOLB: Well, what you've got is a collector right here. This other one has been vacated. I guess from looking at it and walking the properties, I couldn't really see a reason to have a paved road here and then another paved road here. • C Avenue is where the COI water line, the ditch, came in. And there's a really steep rock outcropping off of it. So Central is just flat, it connects right on to 19th the easier place and the widest. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 9 of 22 Pages KOLB: Another issue that comes up is First Street is actually the boundary of the Terrebonne unincorporated area. So any roads built in this area are going to have to be paved to a twenty -foot wide standard. Say that someone wanted to put in a gravel driveway back to this lot; there's no road here right now, and it would be a land use action. They would have to pave that road. It's a dedicated right of way, and it's within that Terrebonne unincorporated area. DEWOLF: What's the topography on C? KOLB : C is flat. When you get down in here, it's flat. DEWOLF: So whether you are coming in Central or C, it's flat. ABBAS: C is not flat. RIDGEWAY: C does have some rocks, but it's not that bad. The irrigation ditches come down through there. LUKE: Big ditch or a lateral? RIDGEWAY: Lateral. DEWOLF: I guess I'd ask you why Central instead of C. Central is a lot easier to build on. And it is central to my development. DEWOLF: Because you've got both sides. I see. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 10 of 22 Pages If I had to come in on C, it would reverse the process, and would be a lot more difficult to build for one reason. And it gets away from the hill on First Street. DEWOLF: What are these two lots; are these lots here? Yes. Those are mine two. These are not mapped; we are doing a partition on them. All the rest are mapped. DEWOLF: It seems to work. RIDGEWAY: I can see where it could work either way. DEWOLF: Okay. RIDGEWAY: I mean, I realize that it might cost a little bit more money to put in C Avenue because of the rock, but I mean I see how it could work either way. Coming in off of C is not going to be nearly as close to the houses that are already there as what it would be on Central Avenue. LUKE: Are you contending that by vacating these properties, that it devalues your property? RIDGEWAY: Yes. LUKE: How? RIDGEWAY: Because it is going to be a lot closer to the highway, the roadways. You've already got a street going down the front, and by the time you've got a street going sideways -- Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 11 of 22 Pages LUKE: Again, if somebody came in and wanted to put Central Avenue in, there would be no question that it could go in. The difference from my standpoint is that Central as it is now is going to tie to a cul-de-sac. If they put C in, and did run C in all the way to Central, and then took Central out, you could possibly have more traffic there. Because you would have two roads that connect. Now if you go in there, you are going to go in there because you live there, since it would be a dead end. You could open it up to more traffic if you came down C to 19th and then kicked Central out to First. DEWOLF: And the one thing about this process is that we don't have the option of designing something different here. We're either thumbs up or thumbs down on what is being proposed. I mean, I totally respect not wanting a road right next to your fence. But if this is logical, and if it's within what the law allows, I just need a strong reason why we should not move forward on this. This looks like a proposal that serves all the lots, that's within the road right-of-way that already existed before you all bought your properties, and it is allowed as a natural progression of the way land use is supposed to work in this state. RIDGEWAY: I guess I -- when we bought the property, and I was probably misled at the time - we were informed that nothing could be built behind us because they could not put any roads in; that nobody could get access through that property. And that was one of the reasons we bought the property, was for the size and that -- LUKE: They didn't tell you there were right-of-ways there? RIDGEWAY: They told us there was a road right-of-way, but Cisco (? the pronunciation of this name was not clear) had told us that he had tried to put in a piece of property back there and that the County would not let him have access and put a road in. Maybe it was because he didn't want to go to all the expense and the paving and all that. But we were misled, that nothing could be going on back there. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 12 of 22 Pages LUKE: Let me ask you a question. On this map, the one that shows the vacation, since that's all we're dealing with at this time, you don't object -- I'm asking, not telling -- between Central and E, you don't object to that being vacated? RIDGEWAY: Between Central and E? No. LUKE: You don't object from Central being vacated into the east? DEWOLF: You mean, back towards 19th LUKE: The part that's dark? RIDGEWAY: No. LUKE: At 18th, do you have a problem with that being vacated? RIDGEWAY: No. LUKE: So the only part is a little bit of 19th, just off C. RIDGEWAY: Uh-huh. Yeah, like I said. LUKE: I have a question, George. If we approve the vacation except for that, and then when he comes in for the land use hearing and goes before Community Development and the Hearings Officer -- I mean, the Hearings Officer may say, come in off the other road. I'm just asking. And Laurie, maybe you can help me on this. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 13 of 22 Pages ABBAS: I don't think she has a problem with that part of C, either. It's Central that she has a problem with. RIDGEWAY: Yeah, I -- LUKE: No, no, no. Because if you take that part of 19th out, and you've got to come out Central, that's the only way you are going to get in. Right? I think what she is suggesting is that you come from First down C Avenue, and then turn on 19th. So if that part of the street is vacated, you can't come down 19th ABBAS: C is going to be vacated also. That's why -- LUKE: C is not vacated at this time. ABBAS: No, but it is in the process. LUKE: And that can't be considered because it isn't before us. Currently C is not vacated. That's my question. LAURIE CRAGHEAD: If this is not vacated for that little piece that's on the map that goes between C Avenue and 19th, if he goes before a Hearings Officer on a land use application, more than likely the Hearings Officer will not allow there to be a cul-de-sac there. There would then be property lines across that, that would block a public right-of- way. That would remain a public right-of-way and would not be -- LUKE: We are in effect, even though this then becomes part of the record, because we are in effect deciding on this. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 14 of 22 Pages CRAGHEAD: Well, that's just to tell you what the future could happen with that, if we don't vacate that, then there would be no adjusting of lot lines there in the future. The cul-de-sac is there for fire. Because if you vacated that last part of 19th Street, you could just dead-end 19th Street there, but then the fire trucks couldn't turn around. CRAGHEAD: The issues before you is whether these vacations are in the public interest, and whether there is a need for the County to have these particular grayed -out areas that are on your map. DEWOLF: Do we have the authority to pick and choose which pieces? I mean, this is one vacation application. Do we have the authority to break off one chunk, and say we are going to do the rest? KOLB : Then it's not the application anymore. CRAGHEAD: I'd have to look in the statute, but off the top of my head I would think that the fact that you have advertised more doesn't mean you can't do less. LUKE: But you made the point, the Hearings Officer doesn't have the authority then to vacate a piece of road, so would probably not approve the cul-de-sac; although it's not part of this application, it's the only thing that works in there if we do vacate that road. CRAGHEAD: If you were to consider the two together. But if you are looking at this just from the point of whether at this time, not even knowing what was going to go in there, determining whether or not that little piece is necessary to the County. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 15 of 22 Pages DEWOLF: The goal always is to make sure that we are providing access to all pieces of private property, and not restricting that access by any actions that we take. Now, there is still the right-of-way on C, and before us is not what's on the other side of C. So that's a whole separate issue that's coming up. The question is, to me, is this serving all these properties, is it within existing right- of-way, and I mean, this isn't a change of circumstances; it's what has been anticipated for this the whole time. And what is before us is one package to make this work for all these pieces of property. Is that right? CRAGHEAD: What is before you is just the proposed vacation area. DEWOLF: But with the express purpose of being able to serve all these properties. CRAGHEAD: Which means that it sounds like you are leaning towards making a condition of the vacation, that there be a land use application on that configuration, and approval. LUKE: But I would point out that the portion that you are concerned about, which is actually Central Avenue, is not being vacated. And he doesn't need permission -- but has to go through the land use process -- he could come in and put Central in now. RIDGEWAY: I know that. LUKE: And that doesn't change anything. He could come in and put Central in right now. So we're not being asked to vacate the part that you are really concerned about. And this we're not deciding on. CRAGHEAD: Correct. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 16 of 22 Pages DEWOLF: What we are deciding on would allow for this. LUKE: It would allow it to go to the Hearings Officer, and give the Hearings Officer an option; there's a public process and a public hearing. DEWOLF: Right. But no Hearings Officer is going to allow anything that won't serve all the properties. They are not going to land -lock anybody. That wouldn't be allowed. CRAGHEAD: Correct. And there is no guarantee that even this proposal, the land use proposal, would be approved by a Hearings Officer. LUKE: George, what concerns me -- you're the engineer, and I'm counting on you here a little bit -- what concerns me, ideally the best way to run any kind of subdivision road system is square streets. And you are telling me that C Avenue is not a good road to build. You know, J mean if the Road Department -- where'.s the Road Department's stance on this? Yes or no? KOLB : You know, to be honest with you, if it goes or doesn't go, it really doesn't affect us. Because we will never build a road in this area. So we won't come in and build these roads as a road department. LUKE: But you could be called upon to maintain them if they are built to County standards. KOLB: If they are built to County standards. If this were built to County standards, this would be on our maintenance list. One thing I also look at is, First Street is a collector road. A lot of these vacations by putting this access here, and the other vacation we had put an easement in -- it takes a lot of individual driveways off of that collector road, and combines them. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 17 of 22 Pages KOLB: That one that we did for Ike Abbas, it ended up that we could have had six or seven driveways, and we ended up with three. I'll be honest with you. I look at a lot of these rights-of-way as driveways to properties, because they will never go through. DEWOLF: Because of what's behind them. KOLB: Exactly. With that rim right there, and then you've got the railroad tracks out there. What I look at when I get vacations in is whether it will serve the general public. None of these rights-of-way will; they are kind of for the individual properties when you go out in the field and look at them. LUKE: How are you going to serve the pieces of properties between Central and E? KOLB: Off of the corner of 19th. LUKE: These are already here? Lot 5, 4, 3, and 2? KOLB: Actually, in Terrebonne, these are all individual lots. For the subdivision he'd do a lot consolidation and make it into one lot. So what we've done -- all of these will have access off Central. A lot of these are just serving individual properties. Just the way this whole area was platted is like a subdivision, and a lot of them aren't buildable, because of rimrock. That's our process, when I get an application for a vacation. I go out and look at it and walk the property. DEWOLF: Okay. Anything else? What should be our process here? LUKE: George, you haven't told me. You don't care one way or the other? KOLB: I really don't. If it doesn't get vacated, it doesn't affect us. Either way. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 18 of 22 Pages George, on C, it's probably as high as that rock outcropping. It would be a hillside between First Street and 19th, that would be a pretty good hillside. No matter what, it's going to be an incline. Where on Central, it's plumb flat. Not to mention the irrigation stuff that's there already. C Street would have quite a bit of incline no matter what. RIDGEWAY: I don't agree with that. When you come off of -- I mean, there are some rocks -- but not that much -- LUKE: I think we need to go out there and take a look. So the record needs to be left open. CRAGHEAD: I apologize. I was reading and didn't hear your last statement. LUKE: If I go out and take a look, the record could be left open for seven days normally. CRAGHEAD: Yes. So you could close the public testimony if you want, and leave it open for your site observation and written testimony so anyone would have a chance to rebut anything you put into the record. wom91 The record could be open whether we meet or not. DEWOLF: Okay. CRAGHEAD: There's also a requirement -- KOLB: The rights-of-way aren't even marked out there. It's difficult to find where things are unless you know. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 19 of 22 Pages LUKE: If your argument is that your property is devalued because of traffic will go in there, if we disallow the vacation but he puts Central in anyway, Central is still going to serve six lots, since the right-of-way is already there. KOLB: Anybody could come in and build C Avenue, 19th, Central, and 18th. Right now. But it would be a land use to put in roads out there. CRAGHEAD: It's just a matter of how you want to proceed on this, and your finding needs to be whether or not these vacations as proposed, without any other issues, is in the public interest to do. DEWOLF: Okay. The other thing is, we could also decide not to allow any vacations out there, and you could serve off of C, 19th, Central, whatever. That's the other possibility. And you could have roads all through this thing. KOLB: So if you own tax lot 800, which is west of 19th Street, if you wanted to come in on C Avenue to access that lot, there's no road there now. The minute you set a blade down, you are in a land use action. LUKE: If the application came in here to do Central and 19th down to C, since he is not building anything on C, is the Hearings Officer going to require that C Avenue be developed? Probably not. Because it's not through and through that property. So, without the cul-de-sac, I don't see how the developer could be required to do C if they aren't going to have any property accessing C. KOLB: What could happen -- and I was looking at the land use decisions for Huntington Ranch (Pronghorn Resort) -- they've got roads that dead-end that will be continued on in Phase I. They are required to build a temporary gravel turnaround at that point. If someone came in and developed C Avenue, then you'd have Central, 19th and 18th Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 20 of 22 Pages LUKE: I guess my question is -- and I can't speak for the Hearings Officer -- from a legal standpoint, I'm not sure you could make them do C Avenue. They could do Central, they could do 19th, but they could let 19th dead-end into C, not dead-end because the right-of-way is there, and provide a gravel turnaround in one of the lots. KOLB: If you don't have a road up to standard to your property, they can deny your application based on that. But anybody can come in and improve these roads, but they all have to be paved. Its)114 i I don't have a problem with that. But it's cheaper to build a straight road than it is a cul-de-sac, no question about that. It takes less property out of the lot. I'm just pointing out for your benefit that this can be done without vacating anything in here except for those small pieces. They can do it now. KOLB: Come in and build this now, and he has a dedication that he has to:make as a part of his land. use for the cul-de-sac. DEWOLF: Why not? It's his property. As part of the Road Department, we would ask for improvements to continue down to there. Through and through. DEWOLF: Okay. Then why don't we close the public testimony part of this hearing, and we'll leave the record open since Dennis wants to make a site visit. LUKE: And any written things you want to put in, too. DEWOLF: And so we'll leave it open for seven days. If anybody wants to add anything in writing during those seven days, and seven days for rebuttal, as we aren't' going to decide this within two weeks. Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 21 of 22 Pages CRAGHEAD: In your observations, all you would be putting in a statement that you went to the site, and what you saw. DEWOLF: We may need Mike Daly to listen to these tapes in case we are split. Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 12: 20 p. m. DATED this 11th Day of September 2002 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom JeWoltZhair s R. Luke, Commissioner Michael M. Daly, Commissioner Minutes of Board of Commissioners' Meeting Wednesday, September 11, 2002 Page 22 of 22 Pages