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Home My WebLink About2021-08-21 L. Fancher - General Correspondence with W. Groves1 Chenelle Hale From:Liz Fancher <liz@lizfancher.com> Sent:Saturday, August 21, 2021 12:30 PM To:William Groves Cc:Kameron DeLashmutt; Katzaroff, Kenneth Subject:RE: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan Attachments:Notice List for Mailing of TP Decision.pdf [EXTERNAL EMAIL] Will: According to my review of the record on Accela as of today and the documents you sent me via e-mail yesterday, the following persons have filed comments in opposition to approval of 247-21-000731-A: Parties to review of 2018 TP Review David Arnold Christine Larson Persons Not Parties to 2018 TP Review Sherry Brainerd Laurie Williams Brad Hinman Peter Shelton David Caplan Mike Taylor Dick Kellogg Brayden Donnelly Carol Jo Sanner DCC 22.34.030 (1) says that only persons who were parties to the proceeding before the County during review of the remanded decision may participate unless state law requires they be allowed to participate. State law does not required participation of new parties during a review on remand. Consequently, I request that the comments received from the persons listed above as not being parties to the 2018 TP review not be included in the record of 247-21-000731-A. I expect that other comments from persons who are not parties will be filed in the record. Central Oregon LandWatch is soliciting opposition comments from a large group of persons who were not parties to the 2018 review of the tentative plan. To assist the County in determining who is a party, I have attached a marked up and searchable copy of the County’s mailing list for the decision approving the tentative plan. I have omitted the following persons and entities from the list because they were not parties because they filed comments after the close of the record: Oregon Department of Fish and Wildlife/Brett Hodgson, Wendy Krebs and Stephen Junkins. I have also searched the amended, final record of LUBA 2018-140 and have confirmed that comments from these persons are not a part of the record for LUBA 2018-140 or 247-21-000731-A. Liz Fancher Liz Fancher, Attorney 2 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. From: Liz Fancher Sent: Thursday, August 19, 2021 7:00 PM To: William Groves <William.Groves@deschutes.org> Cc: Kameron DeLashmutt <kameron@bendcable.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com> Subject: RE: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan Thank you, Will! Liz Fancher Liz Fancher, Attorney 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. From: William Groves <William.Groves@deschutes.org> Sent: Thursday, August 19, 2021 3:36 PM To: Liz Fancher <liz@lizfancher.com> Cc: Kameron DeLashmutt <kameron@bendcable.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com> Subject: RE: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan Hi Liz, Virtually, and yes via email. Will Will Groves | Senior Planner | CFM Deschutes County Community Development 117 NW Lafayette Ave | Bend, Oregon 97708 Tel: (541) 388-6518 | Mail: PO Box 6005, Bend, OR 97708 Let us know how we’re doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 3 From: Liz Fancher <liz@lizfancher.com> Sent: Thursday, August 19, 2021 3:14 PM To: William Groves <William.Groves@deschutes.org> Cc: Kameron DeLashmutt <kameron@bendcable.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com> Subject: RE: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan [EXTERNAL EMAIL] Will: We have a couple of questions about the hearing. 1. Is the hearings officer going to be appearing via Zoom or is he driving to Bend to conduct the hearing in person? 2. If we appear virtually, will we and others be able to file documents “at the hearing” by sending them to you via e-mail at your County e-mail address? Thank you, Liz Fancher Liz Fancher, Attorney 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. From: William Groves <William.Groves@deschutes.org> Sent: Thursday, August 19, 2021 2:48 PM To: Liz Fancher <liz@lizfancher.com> Cc: Kameron DeLashmutt <kameron@bendcable.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com> Subject: RE: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan Thanks! Will Groves | Senior Planner | CFM Deschutes County Community Development 117 NW Lafayette Ave | Bend, Oregon 97708 Tel: (541) 388-6518 | Mail: PO Box 6005, Bend, OR 97708 Let us know how we’re doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 4 From: Liz Fancher <liz@lizfancher.com> Sent: Thursday, August 19, 2021 2:47 PM To: William Groves <William.Groves@deschutes.org> Cc: Kameron DeLashmutt <kameron@bendcable.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com> Subject: Testimony for 247-21-000731-A et al; Remand of Thornburgh Phase A-1 Tentative Plan [EXTERNAL EMAIL] Will: I see that the notice of hearing requires persons who plan to testify at the hearing on remand on August 24, 2021 to advise you that they intend to testify and present evidence. Kameron DeLashmutt and I both plan to attend the hearing and to present evidence and argument. Ken Katzaroff plans to attend and listen to the testimony presented. Thank you, Liz Fancher Liz Fancher, Attorney 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. LUBA 2018-140 Record - Page 0131