2006-66-Order No. 2006-033 Recorded 1/24/2006DESCHUTES COUNTY OFFICIAL RECORDS ~J L~O~~~D6
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK U N
COMMISSIONERS' JOURNAL 0112412006 03;37;07 PM
LEGAL COUNSEL IIIIIIIII 1111111111111111111 11 111
2006-66
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Revising Order No. 2006-015 and
Reopening the Written Record to allow for * ORDER NO. 2006-033
Additional Rebuttal Evidence from Parties in the
Christian Life Center matter, Deschutes County
Community Development File Numbers A-05-5, A-
05-6, SP-05-13 and LM-05-22
WHEREAS, the Board of County Commissioners ("Board") adopted Order No. 2005-115 on December 28,
2005 and that order, as revised by Order 2006-015, established the following deadlines for the above-referenced
matter involving the Christian Life Center's application for the property at 21720 Hwy20, Bend, Oregon:
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
WHEREAS, attorney Paul Dewey requested that the County allow his clients, opponents and appellants, to
respond to material submitted by the applicant by January 13, 2006; and
WHEREAS, the Board accommodated that request by allowing all parties to provide a response by
submitting rebuttal arguments; and
WHEREAS, Mr. Dewey is not satisfied with the Board's order and has claimed, outside the record, that the
order violates procedural requirements of the County code regarding post-hearing evidence; and
WHEREAS, it is in the best interest of all parties and the County that any potential appeal issue regarding
procedure be resolved by revising Order No. 2006-015 to allow the filing of rebuttal evidence as well as rebuttal
argument; and
WHEREAS, the applicant asks that the County allow any party to request that the record be reopened to
respond to any new evidence submitted by Mr. Dewey and project opponents during the revised rebuttal period; 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
PAGE 1 OF 1-ORDER No. 2006-033 (01/23/06)
WHEREAS, the Applicant has agreed to extend the 150-day deadline until May 1, 2006 in order to allow
the record to be reopened, and
WHEREAS, the Applicant has agreed to the following scheduled 5:00 pm deadlines:
a. January 24, 2006 - Mr. Dewey 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 Mr. Dewey;
b. January 26, 2006 - Notice of the reopened record shall be sent to all parties with this order serving as
such notice;
c. January 27, 2006 - Any party may challenge Commissioner Clarno regarding her declaration of the
bias, ex-parte contact, or conflict of interest;
d. February 2, 2006 - The parties may submit new rebuttal evidence and argument related to evidence
filed by the Applicant or others, if any, in the rebuttal period that closed on January 13, 2006;
e. February 3, 2006 - Any party may request that the record be reopened to respond to new evidence filed
during the rebuttal period that closes on February 2, 2006. Any request filed after that date will be
denied as not timely;
f. February 10, 2006 - Applicant may submit final argument regarding anything already in the record but
no new evidence. This deadline will apply unless the record is reopened;
g. February 17, 2006 - Deadline for any party to object to final argument on basis that it includes new
evidence;
h. May 1, 2006 - final decision.
If a request is filed on February 3, 2006 to reopen the record and the Board fmds that new evidence was submitted
during the comment period that will end on February 2, 2006, the record will open without new notice to the parties
and the following schedule will apply:
a. February 24, 2006 - Deadline for filing rebuttal evidence or argument to any new evidence filed during
the comment period that ends on February 2, 2006;
b. March 3, 2006 - Deadline for Applicant to file final argument. No new evidence may be included in
final argument;
c. March 10, 2006 - Deadline for any party to object to final argument on basis that it includes new
evidence;
d. May 1, 2006 final decision, and
WHEREAS, the Board fmds 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.
PAGE 2 OF 1- ORDER No. 2006-033 (01/23/06)
Section 2. The Deschutes County Community Development shall cause a copy of this order be sent to all
parties, including all who were sent notice of the October 11, 2005 hearing before the Board.
4 ~P
DATED this 2486 day of D er, ;W--5- BOARD OF COt~$TY COMMISSIONERS
ATTEST:
Recording Secretary
OF
,OREGON
R. LUKE,
CLARNO, Commissioner
MICHAEL M. DALY, Commissioner
PAGE 3 of 1- ORDER No. 2006-033 (01/23/06)