2006-19-Order No. 2006-015 Recorded 1/5/2006REVIEWED
:Z~
LEG COUNSEL
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 1~d ~006'~9
COMMISSIONERS' JOURNAL
,,.1,.,,,,..,,.,.,.,,,,,,nil 01/05/2006 04;39;52 PM
2004-38 -
rvi
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Revising Order 2005-115 and Reopening
the Written Record to allow for Additional Rebuttal * ORDER NO. 2006-015
Evidence from Applicant in Deschutes County
Community Development File Numbers A-05-5, A-
05-6, SP-05-13 and LM-05-22
WHEREAS, Order No. 2005-115 contained a typographical error in the fourth recital regarding the date to
which the Applicant agreed to extend the 150-day deadline; and
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 toll the 150-day deadline until May 1, 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, on December 28, 2005, the Applicant 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, but no new evidence, to
anything submitted between December 2, 2005 and January 13, 2006, except any party may
PAGE 1 OF 2- ORDER No. 2006-015 (01/04/06)
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
WHEREAS, on December 29, 2005, Applicant submitted to Deschutes County a check for $155.00; and
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. The Deschutes County Community Development shall cause a copy of this order rather than
Order 2005-115 be sent to all parties who were sent notice of the October 11, 2005 hearing before the Board.
DATED this 4th day of January, 2006
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTU COUNTY, OREGON
!!!~ea-= - ~G
R. LUKE, Chair
ATTEST:
Recording Secretary
BEV CRARNO. Vice-Chair
M C AEL M. DALY, C ssioner
PAGE 2 OF 2- ORDER No. 2006-015 (01/04/06)