Minutes - 19770104 - Laserfiche WebLink

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38 reviewed with the Board the legal opinion of his attorney. He stated that the basic issues were ownership and water rights. He stated that the waters were what was in question and that control of the waters was vested in the County and not in any private property owner. He presented to the Board a letter from the Corps of Engineers which stated that the waters which fed Lake Orange were navigable waters and were for the public use. He requested the Board of Commissioners to review his request and hope- fully grant him permission to use the waters of cake Orange for hunting purposes. The County Attorney stated that research on this matter was inconclusive and that this matter should be discussed in executive session as litigation could be involved. Commissioner Gustaveson stated that the two questions involved were (1) people were hunting in the area and that (2) the question of discharging firearms as related -- to Lake Orange. He requested that the Board be supplied with the deed and the res- trictive oovenatns to the Lake Orange property, as well as copies of the correspond- ence to and from Mr. saitta. The matter will be discussed at a later time in executive session and Mr. Saitta will be notified of the action of the Board. 'The Board adjourned for lunch. The .Orange County Board of Commissioners honored Miss Betty June Hayes during the lunch period with a luncheon held at the Agricultural building. During the luncheon, a Resolution of Commendation was presented to Miss Hayes by Chairman Whitted far her service of twenty-three years as Clerk to the Board of Commissioners. (For copy of the Resolution of Commendation see page 82 of this book.) Item l0e Plats The Chairman recognized Chris Edwards of the Planning Department. Mr. Edwards stated that the first plat was that of Clyde Bowden, a minor subdivi- sion: This plat depicts the division of a two acre tract from a parcel of 100 or more acres. The newly created parcel will front on SR #1946. upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to approve the minor. subdivision plat of Clyde Bowden. B. Timberline - Preliminary Plat: This preliminary plat was considered and approved sometime ago by the Board of Commissioners With the stipulation that certain changes be made. The developer is requesting additional time to accomplish these changes. Commissioner Walker moved to grant the time extension for one additional year. Discussion ensued concerning the change to be made in the preliminary plat as recommended by the Commissioners. Commissioner Pinney seconded the motion of Mr. Walker. Further discussion ensued and Commissioner Walker called for the question. All members of the Board voted aye and the motion was declared passed. C. Wilford woods - Final Plat: This final plat was not recorded within the sixty day time limit, The developer is requesting reapproval to extend the time limit for recordation. The property owner has not been able to develop a satisfactory road maintenance agreement and would like to discuss this problem with the Board of Commissioners, Chris Edwards stated that at the time of the approval of this preliminary plat, road standards had not been approved, however, a maintenance agreement was required. Mr. Woods has experienced problems in obtaining a maintenance agreement with other landowners on the road, and would like to talk with the Board of Commissioners about the granting of a variance for this private road. Mr. Woods stated that traffic passed his property of four lots to go to .the 8pringvalley Lake, further down the private road. He added that he could not affort to maintain the entire road and the owner of the Take would not agree to maintain his portion of the road. Discussion ensued. It was pointed out that there was about twelve hundred feet between the lots of Mr. Woods which have to be maintained by other property owners. Commissioner Pinney stated that he felt this fell in the category of an ald road and that there was nothing the Board could do about the requirements of the road. He stated that he felt the Board should omit the maintenance agreement in this ease. -He then moved that the plat be reapproved and that the maintenance agreement be waived. The motion was seconded by Commissioner Walker.