2005-1434-Order No. 2005-115 Recorded 12/29/2005DESCHUTES COUNTY OFFICIAL RECORDS C, ZOxS.1434
NANCY BLANKENSHIP, COUNTY CLERK
REVIEWED COMMISSIONERS' JOURNAL 12i29i2005 03;33;28 PM
LEGAL COUNSEL IIIIIII IIIIIIIIIIIIIII II I III III
2005-1434
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Reopening the Written Record to allow
for Additional Rebuttal Evidence from Applicant in * ORDER NO. 2005-115
Deschutes County Community Development File
Numbers A-05-5, A-05-6, SP-05-13 and LM-05-22
WHEREAS, at the public hearing on October 11, 2005 for the above listed land use cases, the Board of
County Commissioners (`Board") agreed to the following 5:00 pm deadlines for the written record to be open after
the hearing:
a. November 10, 2005 - Any party may submit any additional evidence,
b. December 2, 2005 - Any party may submit new evidence only if it is rebuttal to evidence that was,
submitted during the period between October 11, 2005 and November 10, 2005,
c. December 16, 2005 - Any party may submit rebuttal argument but no new evidence,
d. December 30, 2005 - Applicant may submit final argument, and
WHEREAS, the Applicant wishes to submit new evidence to rebut the rebuttal evidence submitted by
opponents on December 2, 2005, and
WHEREAS, in order for the Applicant to submit the additional rebuttal evidence, the record must be
reopened and new notices to the parties must be sent, and
WHEREAS, the Applicant has agreed to extend the 150-day deadline until March 3, 2006 in order to allow
the record to be reopened, and
WHEREAS, Commissioner Clarno declared during the public meeting of the Board of County
Commissioners on December 28, 2005, that she had no bias, ex-parte contact, or conflict of interest relating to these
files, and
WHEREAS, the Applicant has agreed to the following scheduled 5:00 pm deadlines:
a. January 3, 2006 - Applicant shall submit to the County Community Development Department a
deposit in the amount of $155.00, which is the estimated costs of mailing notice of the reopened
record, and any excess shall be refunded to the Applicant;
b. January 6, 2006 - Notice of the reopened record shall be sent to all parties with this order serving
as such notice;
C. January 13, 2006 - Applicant may submit new rebuttal evidence in response to anything submitted
on or before December 2, 2005;
d. January 27, 2006 - Any party may submit rebuttal argument only to anything submitted between
December 2, 2005 and January 13, 2006, except any party may challenge Commissioner Clarno
regarding her declaration of the bias, ex-parte contact, or conflict of interest;
e. February 10, 2006 - Applicant may submit final argument regarding anything already in the record
but no new evidence;
f. May 1, 2006 final decision; and
PAGE 1 OF 1-ORDER No. 2005-115 (12/28/05)
WHEREAS, the Board finds that it is in the best interest of the County to have all relevant information in
the record of the above listed cases in order to aid the Board rendering its final decision; now, therefore,
follows:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
Section 1. The written record in Deschutes County Community Development File Numbers A-05-5, A-05-
6, SP-05-13 and LM-05-22 shall be reopened in accordance with the schedule outlined above.
Section 2. Upon payment of the mailing deposit by Applicant, the Deschutes County Community
Development shall cause a copy of this order be sent to all parties who were sent notice of the October 11, 2005
hearing before the Board.
DATED this 28th day of December, 2005
ATTEST:
9~74kA--
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY OREGON
C AEL ALY, Vi e-Chair
CIS R. LUKE(Edssioner
BEV CLARNO, Commissioner
PAGE 2OF1-ORDER No. 2005-115 (12/28/05)
