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BOARD OF COUNTY COMMISSIONERS Public Hearing March 22, 2007 2:00 p.m. Start: 2:00 pm End: 4:42 pm Present: John Elliott, Chairman Al Switzer, Commissioner Mike Rudd, County Counsel 2:10 Alwin Turiel, Planning Director Les Wilson, Senior Planner Alysa Boles, Recording Secretary A G E N D A Alwin Turiel: In the staff report, it has the findings upon this decision is based. I gave you ORS 92.100. Normally a decision to file and record a plat is not a land use decision. Even though this could be considered not a land use decision, I was approached to sign the final plat. I checked the file and discovered there had been a lot of discussion with this development and a court case. I wanted to exercise discretion to make sure it was in compliance with CUP 75-9. I told the owner that the people in the area should know we were signing the final plat. Can a final plat be recorded in reliance on CUP 75-9? The reasons are the CUP was an approved expansion. Neither that CUP nor the PUD set time limitations on the permit, nor has state law. There was a circuit court judgment in favor of Brooks Resources saying they had a vested right to continue developing WTR 3rd and 4th additions. That is why I felt it appropriate to sign the final plat. John Elliott: There has been no time limit ever set? Alwin Turiel: As far as I can tell, no. David Engalls 717 Murphy Road Medford, OR 97501 We agree with the Planning Director. There are several people here in opposition and we will address those as they come up. This is not a surprise to anyone. The 4th addition has been known to people for 32 years. There are very few people in WTR that have owned their parcel for 32 years. The circuit court ruling came about because of the controversy to the legality of the 3rd and 4th addition. The judge issued an order stating the 3rd and 4th additions could be platted. That decision was not appealed and there is no time limit on a court order. The current president of the WTRPOA will testify and I have told him that his residence is in the 3rd addition. There is map in your documents that shows the 19 lots platted in the 4th addition in June 1983. (An easement description was read into the record.) There is a tentative approval for on-site sewer. Terry Cagaanan WTRPOA 152324 Hackamore La Pine, OR 97739 (Read his letter into the record) Our objectives are to prove that any development must adhere to the CCR’s and use the association guidelines. We'd like no development. We would like a smaller number of lots. If they are not a part of WTR, they will need to build their own road. All the documents refer to Brooks Resources, not Ray Scrivener. Brooks resources granted the deed to the 1st through 3rd additions to WTRPOA and no mention of a 4th addition. In 1983, this was sold to Mr. Scrivener. The warranty deed says the land does not include any particular use. Mr. Scrivener still owns many lots in the WTR area and he is aware of the CCR's. Article 2, section 3 of the CCR's says there needs to be a vote of the members. Our other members will testify to consider our objectives. Norman McLung 152256 Hackamore La Pine, OR 97739 (Read his letter into the record) I have put together a time line and it shows there is no mention of the 4th addition in the final approval. No 4th addition was turned over to the WTRPOA either. The deed state the property is not guaranteed for any particular use. This was not sold to Scrivener as WTR 4th addition, just a piece of property not plotted. Robby Robison Read his letter (Presentation #3) into the record. I am strongly opposed to this development. John Elliott: The easement still exists? Robby Robison: Yes, it does. Mike Porter 152403 Wagon Trail Road La Pine, OR 97739 We moved here in 2006. Soon after moving there, I heard about aquifer contamination in Deschutes County. Northern Klamath County residents use the same aquifer. That part of the state is a ticking time bomb. I talked to representatives from Deschutes and Klamath County on-site and I needed clarification. The USGS website helped me understand what the problem was. I was quoted if every existing tax lots in Northern County is developed, the residents will have contaminated well water. Why would Klamath County continue to create additional tax lots up that way? I contacted several people and no one gave me an answer. I have talked to Deschutes County Water master and State Senator Doug Whitsett as well. With budget cuts, more tax lots mean more revenue for the county. I understand that. Water purification takes planning. Al Switzer: Northern Klamath County regarding water and septic system; that is not unique. We have the same problems in the basin. Those aquifer studies are just coming online. People are trying to understand what's happening. We are aware of the septic problems up that way. We have been working on that. We are aware of this but don't know where it’s going to go. Everyone wants to point fingers at everyone else. Bob McEuin 1847 Pan Deer Court La Pine, OR 97739 The entry road and the fire danger are my issues. The residents maintain the road. It is expensive for us to maintain. There is a high cost to maintain these roads. I am concerned about the increase in traffic. There will be a 12% increase in traffic. These will be developed right away too. The increase in traffic will be immediate. This road is not going to hold up with all the construction and additional traffic. Fire is a major concern for me. Most fires are contributed to humans. Those additional people will raise the hazard. There is only one way in and one way out. We'd have to drive through that fire. La Pine Fire and Walker Range provide fire protection. Those properties will be in control by La Pine Fire and they might lose staff. Consider the cost and wear and tear on our roads and the increased fire danger. Al Switzer: What is the amount of full time residents? Bob McEuin: I think there is a mix of full time and summer homes. Over half are full time. Should this be developed, Mr. Scrivener will need to contract with the fire people. Darleen McEuin 1847 Pan Deer Circle La Pine, OR 97739 There are 60 school children in the area. This is right on the county line. It is extremely congested. Don McKenzie 1844 Pan Deer Circle La Pine, OR 97739 I have lived there for 16 years. I am opposed to this development. There are many types of wildlife in the area. Any division of this lot would have a negative affect on the wildlife. Allan Jones 152911 Stirrup Dr La Pine, OR 97739 I don't understand why this doesn't get paved. There was a subdivision just 2 miles south that was required to be paved. This development is lower in density than the current zoning. Donald Jones 1764 Marian Court La Pine, OR 97739 We are worried about the construction. We are concerned of abuse of private and common property and the use of the resources. We ask a fair decision in our behalf. Robert Smithe 151719 Wagon Trail Road La Pine, OR 97739 There will be a lot of access to Stirrup. It will be a choke point. In the event of a fire, there will be a lot of traffic and it will be congested. His whole development is based on Stirrup Drive. The attorney says Scrivener has an easement. It doesn't look like an easement. Come back with a real stand-alone property. Marlene Friehauf 152656 Hackamore La Pine, OR 97739 Saddle Bag has already been graveled. Does he have approval on that already? If this development is approved, we want a bond from Scrivener for any damage from his construction. This development will have adverse affects on my water and other people's drinking water. Please don't allow any development there. Jason Gross 7000 SW Barnes Road Portland, OR I want to address the CUP. I want to call attention to the tentative staff decision. The CUP was conditioned upon an overall density. There is no expiration and that was because of that density. The CUP states the developer needs to meet the CCR's of Wagon Trail Ranch. After January 31, 1999, no more property could be brought in per the CCR's. It is a 1975 CUP with no expiration but in conditioned with the CCR's and it is impossible to meet the provisions of the CCR's today. I would assert that you have to exercise some discretion today. You have the authority to deny this plat. Mr. Scrivener had notice of the CCR's and sat on those rights for 15 years knowing he could subdivide. I would submit the easement Scrivener has is in conjunction with one lot. He would be exceeding the scope of the rights granted to him. Harold Relaford 17117 Saddle Ford La Pine, OR 97739 No one mentioned the condition of Stirrup Road. It is just a gravel road. Part of it is nothing but cinders. It would be subject to weight. Doug Adkins 2950 Shasta Way Klamath Falls, OR 97603 The lots cannot be created without an approved on site disposal system. Unless we can get approval on every lot, you cannot create those lots. David Engalls: There are certainly lots of concerns. We like things the way we are and we don't want them to change. You are dealing with the criteria of your code. Almost all of the items expressed tonight are not criteria in the decision and the code. Given the lack of warmth, Scrivener might not want to join the WTRPOA. That might be an issue for the courts. Do we need to abide by the CCR's? Perhaps so. There is a reference in the decision about complying with the CCR's from 1975. It doesn't lead to the conclusion that the CCR's can't be complied with. I suggest you rely on the expertise of your Planning Director regarding location of the parcel. The applicant will meet the development criteria in the code. Regarding the CUP being invalid, there is nothing in the action that would be premised upon the 4th addition being part of WTRPOA. The Scriveners can choose to make that happen. The easement isn't an argument for the county. At the time the lots were platted, the easement was created for them. This thing has been decided. There is nothing in the CCR's that require that property be brought within the jurisdiction of the homeowners association. There is nothing in your criteria that says this needs to be put into the homeowners association. This has been aired in court and decided. CCR's are used to describe things that burden a property. The CCR's are not part of the criteria. Jason Gross: Some of the confusion is confusion about annexation over subdivision. Since the only way out is through the common property, what's practically occurring is annexation. This will interfere with the common area. If these aren't annexed into the WTRPOA, it could be a problem since they will be using Wagon Trail facilities. In regard to finality of judgments, we are not contending the CUP has expired. We are contending complying with the conditions of it. The property has to be used economically and viably. The association is entitled to that same fairness. Our proposed solution is to apply for a new permit with current county restrictions and develop a homeowners association separate but adjacent to WTR. Terry Cagaanan: In 1980, the deed was turned over to the property owners association. There was no 4th addition. Those are the things we would like you to consider as well as what the attorney brought up. Al Switzer: We have to figure out legally what is right and sometimes that is not popular. We have a written opinion from our attorney. Although we may not agree, the opinion he's given is correct. He has said that the approval has not become void. He feels it can go on. I am really tempted to put a bunch of conditions on there. I don't believe that this is the time to do that. I would suggest working some of these issues out. Legally, I don't think we have an option here. We have to approve this. It could get you to the table to be good neighbors. You have the ability to take this to a higher level. I hope you understand what we have to do legally. John Elliott: I think there are issues around the contamination. If there is proven to be a problem with testing on subsurface disposal, that lot doesn't get approved. I agree the situation up there is dismal. These are issued that will be decided subsequent to this. I have to go back to the law here too. There is no time limit on the CUP. The evidence proves it. He has every right to access for that property through that easement. He has private property rights as well. I agree with Mr. Switzer that there is an issue with neighborliness. Al Switzer: I move in PR06-0494, we uphold the Planning Director's decision. John Elliott: I second. 2 of 2 yes
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Wagon Trail Ranch Property Owners Association 152900 Hackamore Lane, La Pine, Or. 97739 Phone: 541 536 9633 Fax: 541 536 9633 E-mail address: wtrpoa@earthlink Websites: www.wtrpoa.com www.wagontrailranch.orgFall-Nov./Dec. 2006 WTR newsletter from the Chair Howdy: First of all I want to personally and on behalf of your present Board, thank every person that volunteered to serve on the Board of Directors of WTRPOA since the beginning of this beautiful subdivision. Some members, within their rights, may have agreed, disagreed, or not care what the philosophical approach may have been, but these folks stepped forward in an attempt to act in what they thought was the best interest of WTR.Not many want to participate as Board members for various sincere personal reasons. However, there are many over the 30 plus years that have donated their time as volunteers for work parties on the roads and various facilities that are unique to central Oregon. This is to keep WTR in the best possible shape under a limited budget (considering our size and facilities, one of the lowest dues assessment in the state). Other significant areas of contribution are those that help in every phase of communication to our members. Our social activities, which include our Welcome Wagon, Christmas party, and our Annual and Membership meetings. Also our various committees that determine how your commitment to paying your yearly dues is spent for the benefit of all members of WTR. This includes the Roads and Facilities committees presenting their needs to the Budget committee as they finalize the WTR budget for the upcoming year (see attachment). To all of the above participants should go a great deal of thanks from all of us! Dianne and I have been property owner’s sine 1987 and lived here full time since 2001. Being here on a daily basis, we’ve seen what those Board members and volunteers have done. The obvious things recently are the new asphalt entry road, striping and shoulder work. Oh yes, there are those that have varying opinions concerning the road, but I would think we’d all agree that it is by far 100% better than what it was a few years prior. With the new & bigger road signs up, hopefully everyone will stay on the asphalt and drive safely. The interior roads always need work and we have had work parties to do the best they can to make them better. Like widening, grading, stump removal and graveling. In the winter we are very fortunate to have an excellent and timely snow removal service. Don Sayer – a Board member, organized a terrific cold patchwork party for the asphalt interior roads. He got about 12 to 15 volunteers to work on a Saturday this past spring. He did the prep work himself a few days before. His foot surgery has slowed him down, so Norm McClung – co-chairman of the Board, has stepped forward with enthusiasm and extreme efficiency to move ahead with the 2006 approved roadwork plan. At the Annual meeting Hooker Creek Co. made a presentation to asphalt the interior asphalt roads of Wagon Trail and Conestoga. There was a request at that meeting by members attending that the Board pursue an assessment from the membership to accomplish this goal. Your Board will work with members of the association on this project. As the entry road, better interior roads will enhance the safety and value of Wagon Trail Ranch.Also what can help our roads is if we can qualify for a "Fire Fuel Reduction" Federal Grant. R. D. Buell of Walker Range gave a presentation at the Annual meeting on Aug. 5th, 2006. In conjunction with the local fire fighting agencies, we have developed a plan of thinning up the common areas between homes and widening the common areas of the roads. This included a thinning process without removal of the beautiful ponderosas and larger lodge pole pines. This will allow a better fire and ambulance agencies response year around. However, they are asking that each lot owner define their property line adjacent to the common area along the roads, so that they will not affect private property. Also a significant feature will be to establish fire exits to the east for our members in case of fire emergency. This grant also allows our members to be hired at $9.50/hr for about six hours of work/day. The application & 3 phase plan will be turned in this winter of 2007. If we qualify the project will start in 2008 with Phase 1- the common areas & Fire exit. Phase2 – 2009 would be roads & Cul-de-Sacs. Phase 3 – 2010 locked fire access in the common area along the river with some thinning of willows. More detail information will be forth coming. Also at the Annual meeting there was, and still is, a concern of speeding on our roads. Many excellent ideas were expressed by the membership. A few were to place speed bumps, bigger speed limit signs, and additional stop and caution signs. Norm looked into speed bumps and found that the liability was too high. However, he lead a project of putting in multiple signs that hopefully will make the speeders aware of the physical risk speed presents to our members and their families. The speed limits will be 30 on the entry, 20 on the interior asphalt and 10 on the gravel roads. Because this last summer some folks camped and had a fire in the grassy common area along the river between the barn & the clubhouse, the Board passed a motion to place signs of no camping, no fires and no motorized vehicles on the grassy common areas. In this letter the Board acknowledges the terrific work done at the Recreation center, which includes the pool, clubhouse, grounds, and mailbox area. It started in the fall of ’05 by removing the old deck, pool repair and this spring, replacing the deck with pavers. The volunteer work party members had great leadership and planning. And those many men and women worked several weekends in completing the project to open the pool this summer. Bob, Dar McEuin along with Teri Newcomb have put in a lot of time in creating a wonderful clubhouse facility. Many volunteers "answered the bell" in building the new deck and keeping the pool and grounds clear, clean and safe for all our members and their guest. They also added new lock mailboxes for those that may want to purchase one. Like the entry road, all this has enhanced our Wagon Trail Ranch subdivision. This past fall we had "open forum" meetings for our membership to attend Fire Fuel Reduction, Subdivision, Road and Facility committee meetings to give their input of ideas and concerns regarding these significant areas. All was very positive by those in attendance and evidently the committees and membership are on the same page, because they heard no complaints. This would indicate that the membership is pleased with the direction the committees are going, and how the Budget committee has allocated your funds. (See Attachment) The present Board has hired a Home Owners Association law firm –Vial-Fotheringham LLP from Portland, Or. They will give, and have given, legal interpretation of our C.C.& R's, By-laws, act as our attorneys and as a collection agency for past dues and liens. They will charge the association by the hour of work they do for that month. The fees will vary from $75.00 to $250.00/hr – from paralegal to the top attorney’s work.As an example, in regards to subdividing a lot and annexation of additional property, because the issues of boundaries, assessment and voting rights "are not resolved in your (our) governing documents", ORS 94.590 dictates that 100% of the lot owners must approve. This relates to all past request, one of which was interpreted as " not valid, and is therefore, void". The other was a request to annex 44 ac. east of Stirrup. A presentation was given at the Annual meeting by developers wanting to be part of WTRPOA. As indicated above, based on ORS 94.590, it would take 100% vote of approval by the membership. The present Board has passed Guidelines in regards to Subdividing and Annexation " in standing", which means they will be there from year to year. If the Subdivision Committee which was originally created in the Spring of 2005, had known this earlier, we wouldn’t have had to spend so much time and our own money trying to get the "Guidelines" into the By-laws by a 2/3 (66%) approval vote of the membership. At the Annual meeting, (thanks to the volunteers who counted the ballots following WTR By-law 3.7b). 151 ballots were returned – 103 voted yes and 48 voted no. To get into the By-laws 140 yes votes were needed. However, 75% of those that voted indicated they wanted the Guidelines, into the By-laws. This is the reason the Board unanimously passed the motion for the Subdivision & Annexation Guidelines and changed from 75% to 100% approval of the membership as required by ORS 94.590. In regards to collections, your Board set guidelines for those members who maybe past due on their assessments. After past due for 2 quarters, they will receive a letter concerning this issue, from the Board. After 3 quarters it will be turned over to the above-mentioned law firm. All law firm fees will be applied to the past due lot owner. This would include time spent to send notification and processing liens, etc. WTRPOA will receive all that is due, realizing that we are junior to the first mortgage and the county taxes. Other significant issues were legal interpretations of our governing documents is the process in changing the C.C.&Rs and our present voting procedures. These were discussed at the Nov. ’06 Regular Board meeting. At the Oct. 2006 Board meeting we passed an 8% increase in association dues to go into affect in 2007. This will amount to a $20.40/year increase. There is a 3% discount if paid in full early (-$8.26) or an increase of $5.10/qt. (see attachment). This increase is necessary because like everything in your life has gone up, so has the cost of maintaining the ranch with your expectations in mind. The Board is looking into changing our Annual Audit Review system that would require a 2/3 vote of approval of the membership. This would be to amend this procedure in our WTR By-laws. This could save the association some money in accounting cost. A letter of explanation and ballot is forth coming. There will be a Christmas potluck dinner party at the Clubhouse on Sat. Dec. 9th, 2006 @ 4:30 pm. Also there will be a Membership meeting on Sat. Jan. 13th, 2007 at 1 pm. The next Regular Board meeting will be in Feb. 2007 TBA. Your Board is working in harmony and includes those with past experience. Don Sayer and Robbie Robison were WTR Board members in the ‘90s and with Norm McClung’s experience in other subdivisions, bring fundamental structure to our meetings. Jim Mathis is willing to bring forward suggestions and raise questions on issues that we discuss. Mary Thorson – Treasurer – works full time in California and does a tremendous job in organizing our finances. She was on the past Board and hopefully will continue these duties when she moves back next spring. She gets a great deal of help from Judy Berg – who is the assistant to the Treasurer – and has a lot that keeps her busy in her personal life. Both work together very well and are extremely efficient. These gals certainly keep me on track. Carol Rath and Bob Smyth have been a tremendous asset to WTR in allowing us to communicate by normal mail, e-mail and website: wagontrailranch.org. In relationship to harmony, negative rumors can create a life of their own and cause uncomfortable and ill feelings. If one has a concern over an issue go right to the source and peacefully discuss it. When it starts floating around, the issue gets distorted and the interpretation is completely different from the original intent, generally with unrelated verbiage. We have a beautiful place here, lets all enjoy it. In closing, a great deal of admiration goes to our former Board Secretary – Teri Newcomb. She had a full time job, a young family and all the WTR business she efficiently took care of in her position. I have no clue how she did all of this and helped to take care of the pool as well. She even took time to help Dianne and I in explaining the computer procedures in communicating to our members. Dianne got it, but I’m still trying to figure out the "paper clip" on the screen. If you got this far, thanks for your patience’s and hopefully this was informative on what’s happening on the ranch. You can get the Board meeting minutes after they are approved, by e-mail , the website or the Bulletin Board. ( Please do not remove it). Happy Trails and Happy Holidays,
Terry Cagaanan Board Chairman
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