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2013-1072-Minutes for Meeting June 24,2013 Recorded 7/29/2013
DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL ~lilyijill 11111111111111 CLERKDS w 201311012 07/29/2013 10:26:05 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 24, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Will Groves, Community Development; Ronda Connor, Personnel, Marty Wynne and Terri Maerki, Finance; Nancy Blankenship, Clerk; and approximately thirty other citizens. Chair Unger opened the meeting at 10:03 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Chair Unger recognized Ronda Connor, who has been instrumental in having the employee health benefits plan be successful. She has reached the ten-year milestone in her service to the County and received a plaque and letter thanking her. William Kuhn came before the Board and distributed a document (a copy of which is attached for reference). He stated he is here to talk about safety issues in his cluster development. There have been a series of lawsuits over many years. The Dowells are trying to force him into an agreement that does not recognize the safety issues to his satisfaction. The court has ordered a homeowners' maintenance agreement be in place and signed by both parties, but they do not agree on some of the aspects. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 1 of 15 He feels the Dowells are being unreasonable. The maintenance agreement does not address the safety issues. The dates of recent communication do not make sense. He wants safety issues to be addressed. The Dowells continue to cause delays in this process. 3. Before the Board was a Presentation of Deschutes County Bicycle & Pedestrian Advisory Committee - Annual Big Chainring and Safe Sidewalks Awards. Cheryl Howard, BPAC Chair, said there are two sets of awards. One relating to better and safer bicycling and pedestrian access; and one relating to keeping sidewalks safe and accessible. The "Safe Sidewalks" awards are for Ray's Food Place in Bend, and ODOT Region 4, District 10. (No one was present from either to accept the awards.) The Big Chainring Award is given for contributions towards better walking and bicycling in Central Oregon. The Lifetime Achievement award went to Rick Root of the City of Bend. The Peter Hanson Memorial Award went to Andy Barram. The Big Chainring awards went to Ken Cardwell; Jeff Schuler of Bicycle Re- Source of Bend; Paul Bertanga of the City of Sisters Public Works Department; Katie Hammer and the Board of Directors of Redmond Area Park and Recreation District; and West Bend Property Company. Katie Hammer and the District developed the Radlands Trail Complex in Redmond. West Bend Property Management made improvements with new roadways and over development towards addressing safety and other issues. Jeff Schuyler has provided bikes to nonprofits and individuals who need bicycles for basic transportation and exercise. Paul Bertanga of the City of Sisters developed the Santiam multi-use path, connecting neighborhoods in Sisters to downtown. These are hard surface paths separate for the highway. City has done a great job in supporting this. He said Chuck Humphreys have done a good job in enhancing bike and pedestrian opportunities in the area. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 2 of 15 Ken Cardwell was responsible for providing well-maintained bikes to students and the homeless community through FAN and other groups. Andy Barrum is team manager for the cycling team, developing activities, promoting sponsorship and donating time to local charities; he does a lot of everything. For the new category, Rick Root received the lifetime achievement award for work with City of Bend. He championed many large and small projects, working towards multi-modal transportation. He also pushed for widening policies for walking and bicycling; changing car speeds in residential areas; and making sure developers create connections between areas. Mr. Root said this is a departure for him. He is semi-retired, after working for the City for 19 years. The main point is, he never had a high water mark as a defining moment. Government involves many steps and it is usually part of a larger team effort. The County has a great group of volunteers and employees working on this, too. There are incremental contributions towards the whole.. He thanked Cheryl Howard for creating a special award, and the Board for this recognition. This gives him that special moment he can always cherish. Commissioner Baney noted that she is a part of the OTC transportation advisory committee. Government cannot do its work without this kind of advocacy; otherwise the work can be lost in the shuffle. She said that ODOT is going through a big cultural shift. Roads are not just for cars and should tie into communities and be used for health. This group's work is important to keep this kind of thing moving forward. Chair Unger added that this kind of work changes the whole area. This Committee has done a remarkable job and has made a big difference in the community. 4. Before the Board was a Presentation regarding Approval of Ambulance Service Area Application Committee Recommendations, Effective July 1, 2013 through June 30, 2018. Tom Kuhn, Community Health Manager and administrator of the ASA Committee, came before the Board with Doug Kelly, EMS Chief of Redmond Fire & Rescue. He explained that there have been changes that need to be reflected in Code. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 3 of 15 Every five years, the Committee meets to review applications for emergency services. They just went through this process. He and Chief Kelly are here to provide an update and overview. There were seven applications, the same as previously, and no new applicants. All the documentation seems to be in order. The Committee is providing recommendations and setting a public hearing, after which the Board can approve the applications if appropriate. Chief Kelly added that this concerns who will provide emergency medical services to the County. The State mandates that every part of the State be covered. Some areas are served by Burns, but there have been no applications for that area, so others will have to respond. Anyone from within or outside the State can apply. It has been contested in the past, but not recently. The Committee recommends appointment of all the franchisees that applied. 5. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-069, Adopting the Fiscal Year 2013-14 Budget for Deschutes County. Chair Unger opened the public hearing. Teri Maerki and Marty Wynne came before the Board. Commissioner Baney thanked Mr. Wynne for his years of service to the County. Mr. Wynne, who is retiring, has seen the County through some very challenging years and helped the Commissioners make the right decisions. Mr. Wynne stated he is humbled, honored and feels privileged to have been a part of this. He said the best part is the people he has worked with over the years. There is a lot of talent at all levels, with dedicated and hard-working people. His experience has been one of having support of the Commissioners. Commissioner DeBone said he has been with some small districts where he learned how hard the financial work can be. Deschutes County operates well. Chair Unger congratulated him on his career and getting to a place he wants to be. The fiscal support and health of a County is important. Mr. Wynne's advice has helped them get to the right policies to remain fiscally healthy. Mr. Wynne stated it has been a team effort, with many bright and talented people being involved. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 4 of 15 Ms. Maerki stated the budget has not changed since the Budget Committee approved it. Mr. Anderson said there have been two major and positive events since then. One was the unexpected payment of a health benefits amount that is not included, for about $1 million. The other change was the receipt of the PERS rates for next year, which are significantly lower than expected. SB 822 had an impact on this. The amount of the County's portion is about $1 million less. There are several options as to how to reflect this change at some point. Being no other discussion, the hearing was closed. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 6. Before the Board was Consideration of Board Signature of Resolution No. 2013-070, Levying Ad Valorem Taxes and Making Appropriations of the Deschutes County Budget for Fiscal Year 2013-14. Ms. Maerki gave the total amount of the levy and appropriations. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. LINGER: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 5of15 Consent Agenda Items 7. Chair Signature of Document No. 2013-267, a Services Agreement for County Clerk Envelope Sorter Equipment 8. Board Signature of Resolution No. 2013-094, Appointing Tom Anderson as Deschutes County Treasurer 9. Board Signature of Resolution No. 2013-090, Authorizing the County Finance Director as the Official Identified for Requesting Services with Financial Institutions on Behalf of Deschutes County 10. Board Signature of Resolution No. 2013-091, Authorizing Signers for Bank Accounts on Behalf of Deschutes County 11. Board Signature of Resolution No. 2013-092, Authorizing Signers for Merchant Agreements on Behalf of Deschutes County 12. Board Signature of Order No. 2013-027, Appointing Signature Authority for the Deschutes County Community Development Department 13. Board Signature of Resolution No. 2013-064, Transferring Appropriations within the Law Library Fund 14. Board Signature of Resolution No. 2013-093, Transferring Appropriations in the Adult Parole & Probation Fund 15. Board Signature of Resolution No. 2013-065, Transferring Appropriations within the Deschutes County Fair Fund 16. Board Signature of Resolution No. 2013-066, Transferring Appropriations in the Federal Forest Title III Fund 17. Board Signature of Resolution No. 2013-067, Transferring Appropriations within the Non-Departmental Category of the General Fund 18. Board Signature of Resolution No. 2013-068, Transferring Appropriations from the General Fund Contingency to the Campus Improvement Fund 19. Board Signature of Resolution No. 2013-088, Transferring Appropriations within the Deschutes County Fair & Expo Fund and within the Deschutes County Fair Fund 20. Board Signature of Resolution No. 2013-089, Transferring Appropriations from the General Fund Contingency to the Property Management Operations Fund Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 6of15 21. Board Signature of Resolution No. 2013-095, Transferring Appropriations in the Insurance/Risk Management Fund CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 22. Before the Board was Consideration of Board and County Administrator Signature of Document No. 2013-219, an Intergovernmental Agreement regarding the District's Use of the Sheriffs Office Radio Communications System. Mr. Anderson said this is a standard renewal done each year. DEBONE: Move approval. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 23. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-085, Adopting the Fiscal Year 2013-14 Black Butte Ranch County Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 24. Before the Board was Consideration of Signature of Resolution No.2013- 086, Applying Ad Valorem Taxes and Making Appropriations of the Black Butte Ranch County Service District Budget for Fiscal Year 2013-14. Ms. Maerki gave the tax rate. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 7of15 DEBONE: Move approval of the Resolution. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 25. Before the Board was Consideration of Board and County Administrator Signature of Document No. 2013-220, an Intergovernmental Agreement regarding the District's Use of the Sheriffs Office Radio Communications System. Mr. Anderson said this is a standard renewal agreement. DEBONE: Move approval. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 26. Before the Board was a Public Hearing and Consideration of Signature of Resolution No.2013-077, Adopting the Fiscal Year 2013-14 Budget for the Sunriver Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 8 of 15 27. Before the Board was Consideration of Signature of Resolution No.2013-078, Levying Ad Valorem Taxes and Making Appropriations of the Sunriver Service District Budget for Fiscal Year 2013-14. DEBONE: Move approval of the Resolution. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 28. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-081, Adopting the Fiscal Year 2013-14 Budget for the Bend Library County Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. This is the last year for the debt service. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 29. Before the Board was Consideration of Signature of Resolution No. 2013- 082, Levying Ad Valorem Taxes and Making Appropriations of the Bend Library County Service District Budget for Fiscal Year 2013-14. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 9of15 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY SERVICE DISTRICT 30. Before the Board was a Public Hearing and Consideration of Signature of Resolution No.2013-0831) Adopting the Fiscal Year 2013-14 Budget for the Sunriver Library County Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 31. Before the Board was Consideration of Signature of Resolution No.2013-084, Levying Ad Valorem Taxes and Making Appropriations of the Sunriver Library County Service District Budget for Fiscal Year 2013-14. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. This services the bond debt. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 32. Before the Board was a Public Hearing and Consideration of Signature of Resolution No.2013-071, Adopting the Fiscal Year 2013-14 Budget for Countywide Law Enforcement District #1. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 10 of 15 Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. DEBONE: Move approval of the Resolution. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 33. Before the Board was Consideration of Signature of Resolution No. 2013- 072, Levying Ad Valorem Taxes and Making Appropriations of the Countywide Law Enforcement Service District (District 1) Budget for Fiscal Year 2013-14. DEBONE: Move approval of the Resolution. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #2 34. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-073, Adopting the Fiscal Year Fee 2013-14 Budget for Rural Law Enforcement District #2. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Commissioner Baney stated that it is important to note that this rate has not gone up, and in fact went down on year. Being no further testimony offered, Chair Unger closed the hearing. DEBONE: Move approval of the Resolution. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 11 of 15 VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 35. Before the Board was Consideration of Signature of Resolution No. 2013- 074, Levying Ad Valorem Taxes and Making Appropriations of the Rural Law Enforcement Service District (District 2) Budget for Fiscal Year 2013- 14. DEBONE: Move approval of the Resolution. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 36. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-0759 Adopting the Fiscal Year 2013-14 Budget for the 9-1-1 County Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 37. Before the Board was Consideration of Board Signature of Resolution No. 2013-076, Levying Ad Valorem Taxes and Making Appropriations of the 9-1-1 County Service District Budget for Fiscal Year 2013-14. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 12 of 15 BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 38. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District. This item will be on the June 26 agenda. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 39. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2013-079, Adopting the Fiscal Year 2013-14 Budget for the Extension/4-11 County Service District. Chair Unger opened the hearing. Ms. Maerki said there have been no changes to this budget. Being no further testimony offered, Chair Unger closed the hearing. BANEY: Move approval of the Resolution. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 40. Before the Board was Consideration of Signature of Resolution No. 2013- 080, Levying Ad Valorem Taxes for the 2013-14 Fiscal Year and Making Appropriations of the Deschutes County Extension and 4-H Service District Budget for Fiscal Year 2013-14. Ms. Maerki gave the tax rate. BANEY: Move approval of the Resolution. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 13 of 15 VOTE: BANEY: Yes. DEBONE: Yes. LINGER: Chair votes yes. 41. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District. This item will be on the June 26 agenda. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 42. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County. This item will be on the June 26 agenda. 43. ADDITIONS TO THE AGENDA Commissioner DeBone explained to the audience that this is the meeting where they define what property owners' tax bills are going to be, and why. It is a learning curve for him over the years he has been here. Mr. Wynne noted that the maximum allowable rate for the Sheriff s levy has been assessed less than that over the years, keeping the cost down. He also said that Teri Maerki of his Department has done a remarkable job over the years. She has the ability to pull all the volume of information together and scrutinize it in detail to make sure it is correct. Mr. Anderson added that Ms. Maerki is an amazing resource on how this process works, and the numbers. It is an unbelievable amount of work. Jeanine Partain and others in Finance have also been invaluable, and the input from Erik Kropp and David Inbody of Administration has been important. He is impressed with the professional and thoughtful deliberations of the Budget Committee. This work is taken very seriously, and the process requires a lot of work throughout the year. Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 14 of 15 Chair Unger said that Mr. Anderson did a great job also, stepping in and getting up to speed quickly. Being no further items discussed, the meeting adjourned at 11:05 a.m. DATED this 6 Day of 2013 for the Deschutes County Board of Commissioners. aY 4w, Alan Unger, Chair Tammy Baney, Vice Chair ATTEST: eI'IAn/.J Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013 Page 15 of 15 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, JUNE 24, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. PRESENTATION of Deschutes County Bicycle & Pedestrian Advisory Committee - Annual Big Chainring and Safe Sidewalks Awards - Cynthia Smidt & Others 4. A PRESENTATION and Consideration of Approval of Ambulance Service Area Application Committee Recommendations, Effective July 1, 2013 through June 30, 2018 - Tom Kuhn, Health Services; Doug Kelly, EMS Chief, Redmond Fire & Rescue Suggested Actions: Open public hearing; take testimony; move approval ofASA Committee recommendations. Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 1 of 8 5. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-069, Adopting the Fiscal Year 2013-14 Budget for Deschutes County Christina Partain, Jeanine Faria and Marty Wynne, Finance Recommended Action: Open public hearing; take testimony; close hearing; move signature of Resolution No. 2013-069. 6. CONSIDERATION of Board Signature of Resolution No. 2013-070, Levying Ad Valorem Taxes and Making Appropriations of the Deschutes County Budget for Fiscal Year 2013-14 - Christina Partain, Jeanine Faria and Marty Wynne, Finance Recommended Action: Move Signature of Resolution No.2013-070. CONSENT AGENDA 7. Chair Signature of Document No. 2013-267, a Services Agreement for County Clerk Envelope Sorter Equipment 8. Board Signature of Resolution No. 2013-094, Appointing Tom Anderson as Deschutes County Treasurer 9. Board Signature of Resolution No. 2013-090, Authorizing the County Finance Director as the Official Identified for Requesting Services with Financial Institutions on Behalf of Deschutes County 10. Board Signature of Resolution No. 2013-091, Authorizing Signers for Bank Accounts on Behalf of Deschutes County 11. Board Signature of Resolution No. 2013-092, Authorizing Signers for Merchant Agreements on Behalf of Deschutes County 12. Board Signature of Order No. 2013-027, Appointing Signature Authority for the Deschutes County Community Development Department 13. Board Signature of Resolution No. 2013-064, Transferring Appropriations within the Law Library Fund 14. Board Signature of Resolution No. 2013-093, Transferring Appropriations in the Adult Parole & Probation Fund 15. Board Signature of Resolution No. 2013-065, Transferring Appropriations within the Deschutes County Fair Fund Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 2of8 16. Board Signature of Resolution No. 2013-066, Transferring Appropriations in the Federal Forest Title III Fund 17. Board Signature of Resolution No. 2013-067, Transferring Appropriations within the Non-Departmental Category of the General Fund 18. Board Signature of Resolution No. 2013-068, Transferring Appropriations from the General Fund Contingency to the Campus Improvement Fund 19. Board Signature of Resolution No. 2013-088, Transferring Appropriations within the Deschutes County Fair & Expo Fund and within the Deschutes County Fair Fund 20. Board Signature of Resolution No. 2013-089, Transferring Appropriations from the General Fund Contingency to the Property Management Operations Fund 21. Board Signature of Resolution No. 2013-095, Transferring Appropriations in the Insurance/Risk Management Fund CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 22. CONSIDERATION of Board and County Administrator Signature of Document No. 2013-219, an Intergovernmental Agreement regarding the District's Use of the Sheriff s Office Radio Communications System 23. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-085, Adopting the Fiscal Year 2013-14 Black Butte Ranch County Service District 24. CONSIDERATION of Signature of Resolution No.2013-086, Applying Ad Valorem Taxes and Making Appropriations of the Black Butte Ranch County Service District Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 25. CONSIDERATION of Board and County Administrator Signature of Document No. 2013-220, an Intergovernmental Agreement regarding the District's Use of the Sheriffs Office Radio Communications System Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 3 of 8 26. A PUBLIC HEARING and Consideration of Signature of Resolution No.2013-077, Adopting the Fiscal Year 2013-14 Budget for the Sunriver Service District 27. CONSIDERATION of Signature of Resolution No.2013-078, Levying Ad Valorem Taxes and Making Appropriations of the Sunriver Service District Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 28. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-081, Adopting the Fiscal Year 2013-14 Budget for the Bend Library County Service District 29. CONSIDERATION of Signature of Resolution No. 2013-082, Levying Ad Valorem Taxes and Making Appropriations of the Bend Library County Service District Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY SERVICE DISTRICT 30. A PUBLIC HEARING and Consideration of Signature of Resolution No.2013-083, Adopting the Fiscal Year 2013-14 Budget for the Sunriver Library County Service District 31. CONSIDERATION of Signature of Resolution No.2013-084, Levying Ad Valorem Taxes and Making Appropriations of the Sunriver Library County Service District Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 32. A PUBLIC HEARING and Consideration of Signature of Resolution No.2013-071, Adopting the Fiscal Year 2013-14 Budget for Countywide Law Enforcement District #1 Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 4of8 33. CONSIDERATION of Signature of Resolution No. 2013-072, Levying Ad Valorem Taxes and Making Appropriations of the Countywide Law Enforcement Service District (District 1) Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #2 34. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-073, Adopting the Fiscal Year Fee 2013-14 Budget for Rural Law Enforcement District #2 35. CONSIDERATION of Signature of Resolution No. 2013-074, Levying Ad Valorem Taxes and Making Appropriations of the Rural Law Enforcement Service District (District 2) Budget for Fiscal Year 2013-14 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 36. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-075, Adopting the Fiscal Year 2013-14 Budget for the 9-1-1 County Service District 37. CONSIDERATION of Board Signature of Resolution No. 2013-076, Levying Ad Valorem Taxes and Making Appropriations of the 9-1-1 County Service District Budget for Fiscal Year 2013-14 38. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 39. A PUBLIC HEARING and Consideration of Signature of Resolution No. 2013-079, Adopting the Fiscal Year 2013-14 Budget for the Extension/4-H County Service District 40. CONSIDERATION of Signature of Resolution No. 2013-080, Levying Ad Valorem Taxes for the 2013-14 Fiscal Year and Making Appropriations of the Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 5 of 8 Deschutes County Extension and 4-H Service District Budget for Fiscal Year 2013-14 41. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 42. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 43. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.) Monday, June 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesda June 26 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Mondav. Julv 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 6 of 8 Tuesday, Jul 2 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, July 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, July 4 Most County offices will be closed to observe Independence Day Wednesday, July 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 pm. Administrative Work Session - could include executive session(s) Monday, July 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, July 11 7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers Monday, July 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) WednesdU, July 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, July 25 6:00 p.m. Joint Meeting of the Board of Commissioners and the Deschutes County Planning Commission to Discuss Groundwater Protection Recommendations - Sunriver Homeowners Aquatic and Recreation Center Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 7 of 8 Monday, July 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesda Jul 31 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, August 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, August 6 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, Au ug_st 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, June 24, 2013 Page 8 of 8 Regarding the timeline for DR-11-13 the Dowell request for a Declaratory Ruling to establish a homeowners' agreement for our cluster development. :`es of these communications and events: First: On May 9, 2011 at 9 AM Commissioner DeBone was kind enough to meet with me along with CDD director Tom Anderson in Commissioner DeBone's new Office to discuss how to encourage the Dowells to talk with us. Second: there was an email exchange between Commissioner DeBone and William Kuhn on May 12, 2011. Original Message From: Tony DeBone To: william(cDriskfactor.com Sent: Thursday, May 12, 2011 1:58 PM Subject: Phone Call Bill Kuhn, I called and spoke to Robert Lovlien for a few minutes yesterday. I just introduced myself and let him know that I am engaged in the situation. He mentioned that the Dowell's will be coming in to CDD for a declaratory ruling (or whatever is appropriate), he did not indicate when this would happen. Anthony (Tony) DeBone Deschutes County Commissioner tonvd@deschutes.org www.deschutes.org office: 541388-6568 mobile: 541728-3012 Original Message From: William Kuhn To: Tony DeBone Sent: Thursday, May 12, 2011 11:09 PM Subject: Re: Phone Call Thank you Tony. We appreciate your attempts to help us obtain an acceptable (to all parties) homeowners' agreement that assure the original intent of our cluster development, and deals with the health and safety issues we are insisting on. Based on what you learned today, you may want to review the ruling of Deschutes County and LUBA. Please know that because of those rulings we feel it would be CADocs\prop65575\DomII\Legals & Decisions Court& County\2011 DR-11-13 HOA ideas & attempts\Regarding the timeline for DR-11.13 TIMELINF.doc 6/24/2013 seriously hypocritical for the county to accept an application from the Dowells that is not preceded by an acceptable signed and recorded homeowners' agreement or be co-signed by the Kuhns. It is unacceptable to us for the Dowells to apply for any permits, declaratory rulings, or use any other tactic to remedy their self inflicted situation that does not include us as co-applicants. The homeowners' agreement between the Kuhns and the Dowells is a prerequisite for applications to the county. Over the course of the past 15 years the county has been deeply and profoundly out of touch with what the Dowells have been doing out here on Sisemore Road. We simply will not allow the county to allow the Dowells to try to make an end run around the lack of a homeowners' agreement and rulings by the board of commissioners. We suggest that the county write the Dowells to inform them that they must deal with us regarding the lack of an agreement. That the Dowells should apply for a DR with us being co-applicants. The county can not fix this by screwing us again. Tony, we have property rights as owners within this cluster development. Please understand this. Bill William Kuhn INVEST/O - Registered Investment Advisors PO Box 5996 Bend, OR 97708-5996 541 389 3676 W i I I iam c7RiskFactor.com "First, they ignore you, Then they laugh at you. Then they fight you. Then you win." Mahatma Gandhi C:\Docs\prop65575\13owc11\1xgu1s & Decisions Court& County\2011 DR-11-13 HDA ideas & attempts\Regarding the timeline for DR-11-13 TIMELINE.doc 6/24/2013 Third the declaratory ruling DR-11-13 request document was signed by Jeff Dowell on June 2, 2011. Community Development Department f'b ming Owiston 117 NW t a(ayaue Avenue, Bend, OR 97701.1925 (541) 38$6575 - Fax 1541) 385.1764 httP://www.OmwhtAes-or,p/cdd LAND USE APPIUCATION INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1. Comptele the application form and provide appropriate original slgruftm. 2. Include a copy of one current deed showing the property owner. 3. Anson correct tee. 4. Include a pW plan that shaves all property lines and extsang and proposed structures, parking, lardscepkq, lighting, e1c. 5. if this application includes oversFted plans a single. mducea-" plan no larger than 11'x 17' wah graphic scab aims also be included. 0 cola oth6ft are submitted, tack and white copies with captions or shaft dehrko ng the Dolor aw stall Mao be provided, ti. All applicable standards and criteria must be addressed in writing price 10 acceptance of the applicator- DalaW descriptions, maps and other relevant information must be attached to the application. TYPE OF APPLICATION (cheek am): FEE: 1,230.00 Conditional Use (CU) Temporary Use (TSB) tlsebadc Exe"don (SE) Partition (MP) sitePlan(SP) 0111- nori_ x2trnr., Ruling Subdhdslon (TP) _ Verlawcs (try Applicants Name (print): ~Yaf P and Rat Do-all Phone: Mailing Address: 425 Benjamin D r. CttyfStats//_ip: - Nflrllon Hills, 11. 60061 Applicant's Email Address: Property Owners Name (il different)': ( same) Phone: Mailing Address- City/State/Zip; t. Property Desariptia n: Township ---7 5 Range--I.T Section- 19 Tax Lot_ ion 2, ProportyZone(s):_-_ F/WA/F21 LM Property Size (acres or sq.R.): 4.3 aloes 3. Lot of Record? (State reason): Yes 4. Property Address: 65595 S1 n1PmnrP Rd-, Vtgnd 5. Present Use of Prop": residential dwelling 6. Existing Structures: home 7. Request: Declaratory Luj ng to establish homeowner's Agreement_ & Property wig be served by: Sewer Onsde Disposal System x 9. Domestic Water Source: ,,Y~ad j y4dual well Property Owner's SigA90. (11 dFterenq•: Agent's Name (ifappllcable):~n >~®.x c ,,..,t:eg Phone:(__5Aj. 382-.4331 Mailing Address: 591 SW Mill View Way _City/Statdaip: Bend, OR 977()2 Agent's Email Address: robert>@hiilavuers_cejrn V this application Is not signed by the property owner, a letter mthodsing sil"un by the applkant must be attached. By signing this sppikstlon, the sppttoant understsnds and atlress that Desebutes County may require a depoeft for hearings officers' fees prior to the application being domed ooM~, and If itw application Is hoard by a hearings offlcar, the applicant will be responsible for the actual costs of the hearings officer- 7109 C:\Docs\prop65575\13owell\Legals & Decisions Court & County\201 I DR-I 1-13 HOA ideas & attemptARegarding the timeline for DR-I 1-13 TiMELMF.,doc 6/24/2013 Forth - The DR-11-13 document contained Exhibit A - note the Draft date which shows 5/11/11 or the day before Commissioner DeBone wrote me his email. Please see Exhibit A Please note that this Exhibit A is titled "Joint Property Owners Maintenance Agreement" Please note that the REQUEST is for "Declaratory ruling to establish a homeowner's agreement". Please note that there is no mention of safety issues in the entire document. There is no mention of shared expenses within the cluster development. Please note that there is no mention of how to enforce the current deed restrictions. Fifth Please note that the DR-11-13 was actually submitted to CDD on December 23 2011 CDD COVER SIIEET FOR SI.B 12/23/2011 09:30:23 PL 1 PAGES F'LF ID 1vll'_907CO:GGPL? 1112%"s9'i3G7a TAXYAP 1611:.9GGfiC;CG LRIAL 163466 .`]l~.10h PL SITr15 65595 S:' MCRE RD HFAtS,E0 65595 $IREE1 a1SEWRf. CON rPi 0RII13 AI:p. Material; RECORD 17 DR1.113 3(XAIFD 1N „)Al r:I Cower' Sh-eL idenL f ter, ANJKMTWX May 24, 2012 the Dowells asked for a Refund check C \DUcs\prop65575\Dowell\Legals & Decisions Court& County\2011 DR-I 1-13 IIOA ideas & attempts\Aegarding The dmelinc for DR-11.13 TIMELINE.doc 6124/2013 Exhibit "A" Zl }1 G 4/ - i JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT THE UNDERSIGNED, being the owners of the real property described in Exhibit "A", attached hereto and by this reference incorporated herein, hereby subject the above described real properties to the terms, covenants, conditions and restrictions as imposed by this Common Property Maintenance Agreement. I . MAINTENANCE. Each of the owners of the above described real property agrees to share the costs of the maintenance of the above described property. The owners of the legal lot of record shall be responsible for one-half (1/2) of the costs of maintenance. Each owner must obtain written consent from the other owner prior to performing any maintenance activities, except under emergency situations. "Maintenance" shall include, but not be limited to, any steps or requirements imposed upon the owners, by the U.S. Forest Service, the Oregon Department of Fish & Wildlife, Oregon Department of Forestry, or other agency with jurisdiction over the property for the protection of wildlife or fire suppression purposes. Any and all other maintenance shall be as agreed to by the parties. "Emergency" is defined as an unforeseen combination of circumstances that calls for immediate action. 2. PROPERTY TAXES. Each of the owners of the above described real property agrees to share the cost of the property taxes relating to the above described property. The owners of the legal lot of record shall be responsible for one-half (1/2) of the property taxes assessed against the above described property. 3. DEFAULT AND PAYMENT OF MAINTENANCE ASSESSMENTS. If an owner fails to pay any maintenance costs or real property taxes when due, that owner shall be in default and the maintenance costs or real property taxes not paid, together with interest thereon at 1 - JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT M3989.DOC the rate of 12 percent per annum, costs and attorney's fees as provided for herein, shall become a lien upon the property owned by the person from whom the assessment is due upon the filing in the official records of Deschutes County, Oregon, a notice of lien setting forth the amount due and the description of the property against which the lien is imposed. Such lien shall not take affect until notice thereof has been so filed. Such lien shall be subordinate to any lien of any mortgage upon any owner which is accepted in good faith and for value and which was recorded prior to the filing of the notice of lien. The lien holder may continence proceedings to foreclose any such lien in the same manner as real property mortgages at any time within three years following the date of such filing. 4. EXPENSES AND ATTORNEY'S FEES. In the event that either shall bring any suit or action to enforce any provision contained in this agreement to collect any money due hereunder or to foreclose a lien, the defendant in such sent or action shall pay all costs and expenses which shall incur in connection with such suit or action, including a foreclosure title report, and such amount as the court may determine to be reasonable as attorney's fees therein, including attorney's fees in connection with any appeal from a decision of the trial court or an intermediate appellate court. S. AMENDMENT AND REPEAL. Any provision of this Agreement may at any time be amended or repealed, or provisions may be added by the following method: a. Both owners must consent in writing to the amendment or repeal of a provision or to the addition of a new provision. Any amendment or repeal of a provision of this Agreement or any additional provision shall become effective only upon the filing in the official records of Deschutes County, Oregon, of a certificate of both owners setting forth in full the amendment, amendments, additional 2 JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 00043999.mc provision or repeal approved as provided in this section and certifying that said amendment, amendments, additional provision or repeal have been approved in the manner required therefore herein. William Kuhn M. Leigh Kuhn STATE OF OREGON, County of Deschutes, ss: The foregoing instrument was acknowledged before me this day of 2011, by William Kuhn and M. Leigh Kuhn. Jeff Dowell NOTARY PUBLIC FOR OREGON My Commission Expires: Pat Dowell STATE OF , County of ; The foregoing instrument was acknowledged before me this day of , 2011, by Jeff Dowell and Pat Dowell. NOTARY PUBLIC FOR My Commission Expires: 3 JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT wmgo9.noc EX MIT "A" A parcel of land located in the Northeast Quarter (NE1I4) of Section 19, TOWNSHIP SIXTEEN (16) SOUTH, RANGE ELEVEN (11) EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon which is described as follows; Commencing at the Northeast corner of said Section 19; thence South 51E27'37" West 962.37 feet to the TRUE POINT OF BEGINNING; thence South OOE07123 West 58.72 feet; thence on a 1038.31 foot radius curve left 394.79 feet, the long chord of which bears South IOE46'10" East 392.42 feet; thence South 21E39'44" East 117.19 feet; thence on a 590.80 foot radius curve right 170.76 feet; the long chord of which bears South 13E22'54" East, 170.17 feet; thence North 89EI 0'04" West 1405.83 feet; thence North 00E40' 19" East 1325.84 feet; thence South 89E 11'47" East 779.00 feet; thence South OOE48' 13" West 200.00 feet; thence South 89E11'47" East 498.11 feet; thence South 611342'30" West 411.30 feet; thence South 00E48'l3" West 210.11 feet; thence South 89E11'47" East 325.26 feet to the TRUE POINT OF BEGINNING. 4 - JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 00043989.DOC Agenda Item of Interest Name Date Address Phone #s E-mail address In Favor ❑ Neutral/Undecided Submitting written documents as part of testimony? ❑ Yes BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK ❑ Opposed ❑ No Original Message From: Laurie Cra head To: Liz Fancher Cc: BOB LOVLIEN Sent: Wednesday, June 30, 2004 6:25 PM Subject: RE: Further Delay re Issuing Dowell Decision; DR-02-2 Liz: Because Bob is representing the applicant and has been directed by the Board to draft the decision. The County is accommodating Bob in this matter. He has been courteous in accepting the responsibility of drafting the decision and to not to file a mandamus in this case. Laurie Craghead Assistant LegaCCounseC Deschutes County (541) 38$-6593 THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY- CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-MAIL- Original Message----- From: Liz Fancher [maiIto: Iiz@lizfancher.comj Sent: Wednesday, June 30, 2004 5:12 PM To: Laurie Craghead Cc: William John Kuhn; BOB LOVLIEN Subject: Further Delay re Issuing Dowell Decision; DR-02-2 Laurie, The 150-day extension letter from Bob Lovlien dated June 30, 2004 indicates that Mr. Lovlien is "still reluctant to release the decision" for the Dowell matter. Mr. Lovlien states that he is waiting for the Oregon Court of Appeals to issue a decision on the appeal of an unrelated Circuit Court decision. Would you please advise me why the Board or its staff is waiting for the Court of Appeals decision and when it intends to act to bring this very old case to a local government conclusion. Liz Fancher C,\Uocs\prop65575\Dowell\Lovlien\20040630 email ex Fancher Craghead Lovlien re "Foo Many Delays.doe page 1 6/30/2004 William John Kuhn PO Box 5996 Bend, Oregon 97748-5996 Tuesday 6 July 2004 Board of County Commissioners 1300 NW Wall Street Bend, Oregon 97701 Dear Commissioners, Phone: (541) 389-3676 We are writing to request that the Board of County Commissioners issue a decision for appeal A-02-7, an appeal of Declaratory Ruling DR-02-2 at this time. Two years have passed since the appellant's attorney, Robert Lovlien was asked to write the decision for the Board. To date, no draft decision has been filed with the County. There have been ten requests for extensions of the 150-day clock for the Dowells' Appeal of DR-02-2 (originally heard 29 August 2002) regarding side yard setbacks. While we supported the request to allow for mediation, the remainder of the requests for delay (please see the nine attached requests) were granted for the benefit of the appellants or the appellants' attorney. Based on Mr. Lovlien's language of the last two requests for extension tiled with the Board it is clear that Mr. Lovlien has completed writing the decision but is choosing not to send it to the Board for adoption. Mr. Lovlien writes: "I am still reluctant to release the decision until we have some feel for where the Court of Appeals is going on the matter." Attached is an email from Jerry Martin, civil attorney for the Kuhns in the Court of Appeals matter referenced in Mr. Lovlien's extension letters. Mr. Martin says, "As you know oral argument has not been set for the Court of Appeals case involving the Dowell property. Based on recent information from the Court the argument will probably be in October (2004). Experience tells me that it might be up to a year (October 2005) or more after argument before we receive the decision." In this light, limping along at 30-day extensions at a time is puzzling. Are we to assume that Mr. Lovlien wants to wait until October 2005 to submit the Board's decision? The issues in front of the Court of Appeals from the Civil Court case Mr. Lovlien refers to are not in any way the same as the issues in the declaratory ruling and appeal. What exactly is it that Mr. Lovlien sees as a connection? How does this merit further delay of a very old case? Why has the Board allowed Mr. Lovlien to dictate when to release a Board decision made almost two years ago? It is time for all parties to move forward with this case. As you know, we will be appealing the Board's decision to the Land Use Board of Appeals. Without a decision, we are unable to bring closure to this issue. Justice delayed is justice denied. Please advise us how and when you intend to act on this matter. Sincerely, 4k&L"O,<~ea *04jeL lZ4j4 William John Kuhn Martha Leigh Kuhn Martha Leigh Kuhn C.\[)ocs\prop65575\Dowell\040706_7'oBoCC_ReLovlien&ReleaseOfA-02-7Decision.doc 07/05/2004 10:46:56 AM B. Before the Board was a Discussion of Timeline for Decision in Land Use Case File #A-02-7 (Dowell). Laurie Craig explained that because of an e-mail the Board received, she contacted both attorneys last week. The Board decided this case last year; the Board made a decision regarding setbacks, and the applicant's attorney was to write the decision. He asked for extensions because a private right of action, a code enforcement case, and a Court of Appeals case caused delays. Ms. Craghead asked if the Board would like the extension to the end of July be the final one. There was also a hope that parties would come to an agreement through DLCD mediation, but that didn't happen. All three Commissioners indicated it has taken too long already, and they would like to get the issue finalized. Being no further items brought before the Board, Chair Daly adjourned the meeting at 11:35 a.m. DATED this 12th Day of July 2004 for the Deschutes County Board of Commissioners. ATTEST: IDL~6a~J4 Recording Secretary z2m Mich el M. Daly, 9,11T C, " 4- ~~K_ e15ennis R. ke, Commissioner Tom eWolf, Commissi ner Minutes of Board of Commissioners' Work Session Monday, July 12, 2004 Page 12 of 13 Pages Page 1 of 2 William John Kuhn From: "Laurie Craghead" Laurie_Craghead@co.deschutes.or.us> To: William@RiskFactor.com> Cc: "Liz Fancher (Liz Fancher)" <liz@lizfancher.com>; "Robert S. Lovlien (Robert S. Lovlien)" rlovlien@bryantlovlienjarvis.com>; "Paul Blikstad" Paul_Blikstad@co.deschutes.or.us> Sent: Wednesday, August 04, 2004 2:26 PM Subject: FW: Please finalize A-02-7 and appeal of DR-02-2 Mr. Kuhn: Commissioner Daly forwarded this to me in that I did not receive it directly. Also, I seem to have lost Jerry's e- mail address. For your information, I received the draft decision today and sent a copy to Paul Blikstad. Paul and I are in the process of reviewing the draft. This is, however, an extremely busy week in that I am trying to complete several major projects prior to leaving Saturday for a week's vacation. Laurie Craghead Assistant LegaCCounseC Deschutes County (541) 388-6593 THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-MAIL. -----Original Message----- From: William John Kuhn [maiIto: WilIiam@RiskFactor.com] Sent: Wednesday, August 04, 2004 10:26 AM To: Mike Daly; Tom DeWolf; Dennis Luke Cc: Martin FranMarJerry; FancherLiz - Land Use; Lovlien Subject: Please finalize A-02-7 and appeal of DR-02-2 Dear Laurie Craighead, Commissioner Daly, Commissioner Luke, and Commissioner DeWolf, We are writing to enquire when the Board will adopt the decision for the Dowell appeal (A-02-7) of Declaratory Ruling DR-02-2. We had hoped the decision would be adopted in July as it has been written by the Dowell's attorney, Robert Lovlien. We appreciate your assistance in bringing this matter to a close by deciding not to allow further delay, but are deeply concerned that the 150-day clock may expire before the Board issues a decision. (From page 12 Minutes of Board of Commissioners' Work Session Monday 12 July 2004 - "All three Commissioners indicated it has taken too long already, and they would like to get the issue finalized.") Delay will give the Dowells the legal right to seek a writ of mandamus. The filing of a writ will prejudice our legal position in this matter. We respectfully request that the County act promptly to adopt the Lovlien decision to prevent prejudice to our legal position at its next scheduled meeting on Monday 9 August 2004 or to set a date certain for adoption within the 150-day time limit. Thank you for your anticipated assistance. Please advise us when the decision will be adopted. William Kuhn 08/04/2004 Page 1 of 1 William John Kuhn From: "Liz Fancher° <liz@lizfancher.com> To: "William John Kuhn" rWilliam@RiskFactor.com> Sent: Friday, August 06, 2004 12:54 PM Subject: Re: Dowell Case Original Message From: Laurie Craghead To: Paul 81ikstad ; Liz Fancher (Liz Fancher) Sent: Friday, August 06, 2004 11:25 AM Subject: FW: Dowell Case FYI Laurie Craghead Assistant LegaCCounseC Deschutes County (541) 388-6593 THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-MAIL. -----Original Message----- From: Bob Lovlien [mai Ito: robert@bljlawyers.com] Sent: Friday, August 06, 2004 11:12 AM To: Laurie Craghead Subject: Dowell Case 08/06/04 Laurie: I do not want the 150-day clock to be an issue. Just for the record, we would waive that 150-day clock an additional 45 days just to make sure we get the decision done correctly. ROBERT S. LOVLIEN BRYANT, LOVLIEN & JARVIS, PC P.O. BOX 1151 BEND, OR 97709 Telephone (541) 382-4331; Fax (541) 389-3386 NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient or believe that you may have received this communication in error, please reply to sender indicating that fact and delete the copy you received. In addiition, you should not print, copy, retransmit, dissemintae, or otherwise use the information. Thank you. 08/06/2004 Liz Fancher's communication to BoCC regarding Lovlien and the release of A-02-7 Decision It was two years ago that Mr. Lovlien was asked to write the decision for the BoCC regarding A- 02-7, an appeal of Declaratory Ruling DR-02-2. There have been nine (or ten) requests (please see attached) for extensions of the 150-day clock for the Dowells' Appeal of DR-02-2 (originally heard 29 August 2002) regarding side yard setbacks. Based on Mr. Lovlien's language of the last two requests for extending the 150-day clock he has completed his work of writing the decision for the BoCC, but is choosing not to release the decision. QUOTE: "I am still reluctant to release the decision until we have some feel for where the Court of Appeals is going on the matter." Attached is an email from Jerry Martin, civil attorney for the Kuhns. Mr. Martin says, "As you know oral argument has not been set for the Court of Appeals case involving the Dowell property. Based on recent information from the Court the argument will probably be in October (2004). Experience tells me that it might be up to a year (October 2005) or more after argument before we receive the decision." Limping along at 30-day extensions at a time is ludicrous. Are we to assume that Mr. Lovlien wants to wait until October 2005 to submit the Board's decision? The issues in front of the Court of Appeals from the Civil Court case Mr. Lovlien refers to are not in any way the same as the issues in the declaratory ruling and appeal. What exactly is it that Mr. Lovlien sees as a connection? Is Mr. Lovlien so concerned with the decision made by the Board that he is afraid to proceed and have the decision be appealed to LUBA? Continuing to delay releasing the written decision in this manner is blatantly abusing the legal system. The 1.50-day rule is not meant to be used in this manner. It has passed way beyond ridiculous. There is no reason for this withholding of filing the decision Mr. Lovlien was asked to write, other than thinking he can make a mockery of procedural rules. Justice delayed is justice denied. C:\Docs\prop65575\Dow ll\Fxtend150DayClnck\040706_Fa cherToBoCC_AeLovlien&Rele OfA-02-7Aecision,doc page 1 07/06/2004 JUL-18-2002 THU 07:40 AM FAX NO. P, 01 N61 R. BryuM Robert 5, l.nvlicnl f ynt F.1.arvo ]elan A. urrgc Sharon R. Su0th juh,a D. Sorlic Mirk C. kvinockv Md1i.,;a R Larnio K9tri C. Ford Law D. L.yva1,', 1.r M. )c:na,ifcr A. Allyn U ND 591 S,W, Mill viv- Wily Mail: Ro. Box 1151 M-ncl, Orogon 97709 Phone: (541) :382-4331 1'ax; (511) ;1e9-13M MADRAS 24 s,w, trim, sere,rlt Mail: P.O. BOX 6720 Madriti, Oregon 97741 Pl,omC (54)) 4751-2737 1~,x: (541) 475-2962 Post-its Fax Note 7671 ante r f~; parles~ Ta ~I I + e 4 From ~ A "e F Co.lDept. Co. rf [ Jt L' Phone B Pl,one A r~ ~.r July 10, 2002 DESCHUTES COUNTS l.lllVl,lV1lJNfrY DEVELOPMENT DEPT. AT'rN: PAUL BLIKSTAD 117 NW LAFAYETTE AVE. SEND, OR 97701 LAURIE CRAGHEAD DESCryHUTES COUNTY LEGAL, COUNSEL 1130 NW 1-IARR1MAN BEND, OR 97701 Re: Applicants: Jeff & Pat Dowell File No.: DR-02-2 (A-02-7) Dear Laurie and .Paul: I RECEIVED J U L 10 2002 3CHUS~8 M. LUAL GUU,43R. Via Far - 385-1764 Via Fax - 3$3-0496 The circuit court trial of Kuhn vs. Dowell that was set for July 9`I' and 10" is not going to be completed as anticipated in time to hear the above-referenced appeal. As you know, the appeal hearing is set for this afternoon at 3:00 p.m. First, we are hereby waiving the 150-clay clock with respect to this application. Second, we would appreciate that this matter be reset at the earliest passible convenience. We apologizo for any inconvenience this may have caused, but the trial is just taking hM'1V.111'jd111I11VtIt77~,r~Ar~,n longer than anticipated and the pwlics are simply not available for the land use appeal hearing before the Commissioners. 1 appreciate your cooperation in this ltlatter. Very truly yours, ROBERT S, LOVLIEN RSL/alk cc: Liz Fancher, via fax @ (541) 385-3076 Gerry Martin, via fax @ (541) 382-7468 M;117ATA\RSLICLICNTSID1C)uw)ull.442.Ltr to Dlikslud & C'r,Ghrad JAN-10-2003 FRI 01:11 PH AOCESSOR FAX NO. 3897947 P. 01 Post-it" Fax Note cv~nc:~l. hpnne N 76,71 Uals I ~b G Prom t it Co. Phorlo 11 l l Null R.BryanL LEGAL CGUMSEL 1tn1tL rr s. Lovhrn January 9, 2003 L.yan F Jarvis 0 3 0 1 f 6 John A. 1torpe COP 5hamn R. Smith LAURIE CRACTHEAD john 17 R W41 DESCHU"1) S COUNTY LEGAL COUNSEL a Ntirk C. Ralaccke 1130 NW HARRIMAN Whi'sa 1'. 1 ande BEND, OR 97701 kllri c. Rini L,tue 17. L _yrrns, L L.M. J~ ,»;r r A. nll~'rt Ro: Kuhn1Q!2we11 Dear Laurie: 13 IND 591 S.W. Mill Virw way The purpose of this letter is to advise the County that the Applicant, Jeff Dowell, will M~iil: 1'0. Box 1111 agree to extend the 150-day clock until the eud of the grant period for the pending 13t•„d, Oregon 97709 mediation, This extension of the 150-day clock is on the condition that mediations is rhvn(~: (541) ab2.4:san continuing, In the event mediation terminates, we would agree to provide you witli 117ax7 (541).189-1396 not less than two (2) weeks notice that we would be revoking this extension. Very truly yours, MADRAS 24 S.W. Fifth Sin:LA Mail- P..0- it,rx 650 N-Imit„:, Ort'gom 977=11 ROBERT S. LOVLLEN Phone: (591) 475-2757 J°ax: (541) 47$ 2h62 RS L/alk cc: Mr. and Mrs. JefFDowell (RSl,;f OWE1,1-049) www.bryn n Ilavli~snjtrvl;,ctitm D JAN 10 2003 Cal OCT-20-2003 MON 10:49 AM COUNTY COUNSEL . rte.... FAX NO, 5413830496 P. 03 Y- 4' VAUG 8 2003 Nuil R. l'fiyant LEGAI Robert s_ T ovfirn AugWt 27, 2003 4m P. Jarvi9 John A. Belfbm buun„ R. Small LAURIE CRAGHEAD Johii 0, Swb,, DESC'.HUTES COUNTY LEGAL COUNSEL Marx G. N61-1c.-Ae 1130 NW 14ARRIMAN Me111;aa 1'.,.ande .BEND, OR 97701 YOH C. Fund Lane T), T.ynn, LL.M. Jeff and Patricia RC: Dowell Paul J. Taylar , dear LauTie: fIEN ] 5M SW Nall v;LW Way The Applicants have agreed to exWnd the 150-day rule to October L 2003. This will Mail: P.O, Box 1151 accommodate the ti[ c nceessaiy to complete the decision. Bend, OrL%pn 137705 Mom: (•541) 382.4331 Please call me of you have any questions. Vax: (341) 389-3386 Very truly yours, MAL7RA9 4SIZ., 24 S.W. Fifth Street 440d Mn[l:1',o. BOX 650 ROBERT S. LOVLIEN Madras, Or%nfi 97741 Phcma (541) 475-2757 RSL/all{, Fax: (541)47,5-296? E71CN. cc: Mr, and Mrs. Jeff Dowell vawWIkjLAwvLnr,,M i (1iS -MOWELL.D5'7") Cal 03, D/L -l04.i.k-G'- OCT--20-2003 MON 10;49 AM COUNTY COUNSEL FAX N0, 0413830496 P. 01 DESCHUTES COUNTY LEGAI, COUNSEL FACSIMILE TRANSMITTAL SHEET TO: ha4M T.TZ FANCHER LAtlric C:raghead-- 388-6593 C,atol O'Dell, Legal Assistant COMPANY: nATU: Octxobar 20,2003 VAX NUMtir•.IZ - ~ TOTAZ, No, 01+ PACMS 1NCI.UUINO COVY C.: ~ - 541-385-3076 A[mNP. NUWW71: SUNDLavi TkIVERGNCIC NLIND3R: 541-385-•3067 4-913 I(1'; YOUR IUiI`I!"Wcyl Numlll,ru KUMN/DOWELL ❑ URC.rNT X VOR 1t1:V1liW ❑ PJ.1cAfin, cOMMUNT ❑ 111.IiAsn 1t>unm 0 VJ AA$R )t1;CYCLI[ N (7' 1' [ S 6/(=C11M1 M C N'15_ CQrrespondrncc from Bob Lovlien dated 8/27/03 and 9/24/03. 'The infvtiatios;c contained in this trnnstnission is privileged avid confidentiA It is intelztle-•d only for the vise of the individual or entity r1s;`nled above, If the redder of this message is not the intended rccif,iunt, you sere hereby rioti&d that any disscluinAtion, distribudon at copy of this collunvuaication is prohibited. If you have, rccelved Lbiq p=mwiicatlon in e'l"tor, plc:L,;c notify vts irnmediawly by collect telephone call and tCtum the otirlrl mes.4 ge to to at the allow oddness vita the US Postsil Service- We will rLimb=c yQU for postage. 1130 NW 31ARR1MAN, hUNn, nREOCIN 97701 •1'1c1.13PHON1i 541.338.0023 / FAY 541-lR3-0496 OCT-20-2003 MON 10:49 AM COUNTY COUNSEL Nell R, Bryant RoLert S. LoyIk-n LynnT Jarvis John A. Berse Sharon R, Smith Jahn D. Sorlia Mark C. Rclnrck(a ivdctil-vt P. Laude YJ41 C. Tord Lavin D. Lyons, T.%M. Paul J. Taylor September 24, 2003 HAND DELIVERED LAURIE CRACHEAD DESCHUTES COUNTY LEGAL COUNSEL 1130 NW HARRIMAN BEND, OR 97701 Re: Dowell, Jeff and Patricia File No.: DR-02-2 BEND 591 S.W. Mill view way Mall: Ro. Box 1151 A nd, Oregon 97709 191onc:(541)382-4331 Tax; (541)369-3386 MADRAS 243,W FiAh Street Mail: P.O. Box WQ Madraa:, Oregon 97741 Phune: (541) 475-2757 1+ax: (541) 475.2962 W WW. (6LJLAW YEn6.C0M Dear Laurie: Based upon my schedule over the past three weeks, I am not going to be able to have the Findhxgs and Decision preparod for your rcview prior to October 1, 2003. The Applicants therefore agree to extend the 1 50-day rule to November 1, 2003, This should provide ample opportunity for completion and review of the Findings and Decision. This is based upon conflicts with my schedule and not based upon any delays of the County. As always, T appreciate your cooperation in this matter, !Very ly yotus, ROBERT S. LOVLIEN RSL/alk (rtsl. DOWULL.058) FAX NO. 5413830496 F. 02 f.3 a 14a0TI SEP 2 4 2003 C TES C0 LEGAL COUNSEL Cal t y (0 3 DAL r~ 7 0 AV/ 40/ V,3 11:44 rAA 1 b41 385 3076 _LIZ FANCHER ATTORNEY OCT-28-2003 TUE 11:25 AM COUNTY COUNSEL. FAX NO, 5413830498 DESCHUTES COUNTY LEGAL COUNSEL 14001 P. 01/02 FACSIMILE TRANSMITTAL SHEET To, PAUL BLIKSTAD Fat ;l W Pax: 385-116$ LAURIE E. CRAGHEAU Byt Laurie Kendall,1.tvl.AyAstant T1ATA. October 28, 2003 Y Pax: 385-~p~'6 TAL NUMBER O Y, Y AGH& 2 • SENDS S REFE1tENCTi I+j'07-'.... " RF.: I)owetl - U .I~R1GN NO.i ❑ URGENT ~ 11()R RW[11W ❑ PU4ASli L0MMUN'1' II P1,11ASN REPLY ❑ PI.T;A6T? izrry ix,. NOTES/COMMENTS: See attached - FYI. Post-if Fax Note 7571 Put"10 2 03 ' ' Zv pages *0 R l u.. KL~mv_)_ From u z- E"o,4eq_ Ca.UPL G0. Phone f Phone k 511 ~ _S $ ~ Fax >R q 2_ I Fax N1 Cr+ ('17115 I'AaIMILLL'1'1lAN.WI N0N AND ANY DOC:U!"INNTS AMOMPANYING PP A.IL17 CON111JILN'llAl- IN LIAWJACUI.AU, IT MAY IIH. PRGWC17.n BY11 JIS A11'11tNEY-C1.tWV lJWVJJ.UCW, Y911r VA)RFC Plk01311(:1' 13RIVII.AGI', AND OFITIRR PRTVIT.r,(;F-,S AND C0NrIn1'KI7AIXJY MOVLS10NS PRUVLI]1401W LAW. TIT17 INVORMAlION IS IN'1 n)1?I) ONLY 1'OR OSId 01"1 if1 INDlV1lliJAL Olt LN'11TY NAMW. IF YOU AR}; NCYl' TI it . IN'nSNDVV) lZ1707,1l'Tl?FI'1'. YOU ARIL I I1;11l',BY NU'1'111111VI I IA'1' YOU MAY N(YI' RRAD, DIS!".1,0911, COPY, T)TSL1tl I)QT 8, WU ua TANT, ACTION AAS13n UPON TLILS TPLANSMIb`SlON OR ANY A[,GC)MPANYINC I]C)CT,IMTLN m, W YOU 1 IAVIs 1t1'K.ISJVIvD-17TI5'MANSMIRFON IN VAROR, PU?ALt IMMLDIA'11:1.Y NCYl'llrY THIS LAW VMM AY COIL,[' LUJWITONITCATd,OR OTJTTtWT rt1`O ARRMGit VOR AYLVIURN OFT11IS' UANEWSSION ANl) ANY AC COM1'ANYTNC DOCUMBNTS. TIIANKYOU. 1150 NW [TARRfMAN. TIRN 7 COIN CIUN 97701 •P1ui PIIONIb 541•S46.6623 / PAX 541.393-0106 lur 40/ ua 11:-J-5 PAX 1 541 3115 3076 LIZ FANCHER ATTORNEY OOT-28-2003 TUE 1112b AM COUNTY COUNSEL FAX NO, 5413830496 Neil It.l3tyant Roherl S. Lovlieii Lynn P. Jarvis John A. eurs'-- ,if,o,iron R.. ~-ikb john r). Sorlie dark RIAnecke Moliana P. Loll& M td c. Fora N mw P. Lyons, LUM, r.,ula. Taylor BEND 571 SM. Mill View Way Mnll: M, Uvx 1151 [Send, ( 7regon $1770 PhoivL! (•,1) 382-&M Pax: (541) 389.3386 MAr~x.g5 24 S.W Fifth Strut Mail: R0, Box 6,50 Madrax, Oregon 97741 ['lion; (511) 475-T757 Fax: (541) 4792962 V.WW.nr„ ILnWvEFq,.e0M October 27, 2003 LAURIE CRAGHEAD DESCHUTES COUNTY LEGAL COUNSEL 1130 NW HAMMAN BEND, OR 97701 Re: Dowell, Jef'and Patricia File No.: DR-02-2 near Laurie: 4 002 A, 02102 q ~C~C 0WC OCT 2 8 M flES s~~ oun LEGAL COUNSEL The Applicants would ages to extend the 150-day rule in this matter to December 1, 2003. 1 have an arbitration hearing that is set, asst has not been continued as I had anticipated. We will seed additional time to prepare the Findings and Decision i1l final fonn. As always, I appreciate your r,oopemtiort in this mutter. Very truly yours, ROBERT S. LOVLIEN RS.UaIk (RSL--D0WrU,I,,Q59) ic. vlr vo 10:.7L VAA 1 041 385 :3076 LIZ FANCHER ATTORNEY DEC-01-2003 MON 04:44 PM COUNTY COUNSEL. FAX NO, 6413830496 DESCCHUTES COUNTY LEGAL COUNSEL FACSIMILE TRANSMITTAL S14EET Tor PRgMI LIZ PANCHaR Laurle Czaghesd-388-6593 Laurie Kendall, Lc"l Assistant nATr,: Dewm6er 1, 2003 PAX NUM31LEM TOTAL NO. Ob VAC:I,9 INCJI UAING COVER: 541-385-3076 2 PHONH Numilluu s>;,NMIL's A13pPARNCL; Womb lL. 541-385-3067 4-913 Rai. YOURREVEIRUNCE NUM13T^ W KUlIN/17UWRI,1, ❑ UI;LWIW.N'r X FOR RHVIRW ❑ PL ASIL (.0MMIBNT ❑ Pl.lvnSF{ Rrrr.Y Ll PrmAsC aLcyci . Corrospondencc ftvul Hvb Luviien datcd 12/l/03. X001 P, 01 P06t4t° Fax Note 7671 °WO rz ! p Al TM L ut L-jRG from i~h.C--t} CoJRapt. Co. Phone # Phone N 5¢(-~$5- 3pCp~ Fax*5741 w~ 3- 0g3 pax#q~i-J85 3o-7.c-, `Llic Wounation col mmed in this mansan Aa alr is privileged uJ c(mfkt .ntial. It is inteadcd artily far tltie use of the hidividnal or enity named ,tbova If ibc Index of del mu-s-Lgc is not the hitcadcd xecipiet)t, you ore her,:by noOLil dolt any dieaemination, distribution or copy of tltiis communication is prohibited. If you hhvc r ived this co"lunthkkadexi lr. array, p4me notify us unmcdiatcly by collect trlaphor)e mU ttnd return the ori6imil mcss:lgc to us sty the obovc -Address via the US Postal Scrvkc. We will reimbuzoe you for lx)Risl}~*c. 1130 NW IIAXIUMAN, BRNI), C.)IILGON 97701 TELEPHONY- 54t-14$-4613 / 1,'AX 341-3B3-0496 1L/ ul/ va 10:3Z VAA 1 b41 385 3076 LIZ FANCHER ATTORNEY Q 002 DEC-01-2003.MON 04:44 PM COUNTY COUNSEL FAX NO, 5413830496 P. 02 NC-11 12. Bryan! Robert S. Lovlicn Lynn P )arviti john A, Bety Sharon R. Sinilli ]nhn U. Sorlic Mark G, rwoccke ML!16ga P. Londe K04 C. Ford Lane R Lyotva, LL,M, Paul I. dylnr December 1, 2003 HAND DELIVEkED LAURIE CRAGHBAD DESCRUTES COUNTY LEGAL COUNSEL 1130 NW HARRIMAN BEND, OR 97701 Re, Dowell, Jeff and Patricia File No.. DR-02-2 0 EG 7 2003 c trrES cau LEGAL COUNSEL BEND 591 S.W. Mill V1('W Way Mall: Ra. Box 1151 Umd, Oregon 97709 Phone: (541) 382-4331 Fax: (54l) 389.3395 Dear Laurie: The Applicants would agree to extend the 150-day rule in this matter to January 15, 2004. We will geed additional time to prepare the Findings and Decision in final form, As always, I applroaiate your cooperation in this matter. mm)RAS Very truly yours, z~ s.w, l~,rrl, scr<tit Mail: P.0, Box 6.50 Madras, Oregon 97741 ' lee Phone: (541) 475-7r57 ROBERT S. LCQVLIEN Fax (541) 475-2962 RSUalk W W WBL,A AW V En8.COM Cal ~ ~1 °3 D/L ~ 44y 01/13/04 16:25 FAX 1 541 385 3076 LIZ FANCHER ATTORNEY JAN-13-2004 TOE 03:44 PM COUNTY COUNSEL FAX NO, 5413330486 Posl4t" Fax Note 7671 Date ases► r1 9 a no Ate # Janl.laty 1 4 ~ _ N4+11 R. Bryant 1ialxrtS, )~v11~:n Y.. A I ylln t. T,trvls Jul-14 A. >3etga Sh7mn12. Sn>ith, LAL)RIE CRAGHF4AD jolul U. S01•lic DESCHUTES C0bNTY LBOAL COUNSEL, Mark G. Reinmou 113U NW HARRTMAN Mclix.a P. Lawie REND, DR 97701 Kilri C. Fury Lane D. Lynne, UAL Rc: Y3owe}l, Jell and Pat>icia Nul J. Taylor Pilo No.: DR.-02-2 P, 01 (J ~ L!7 L~ li ~ i5 JAN1J2004 OESG(iUES attNTf BEND Dear Laurie: 591 S.W. Mill Vow NAV Mal]:A0. Dox 1151 The Applicants would agree to extrnd the 150Mday ni1C in this matter to i ebmary 15, &,j, 0,,6, ",V9 2004. We will need additional time to prepare the Findings and Decision in final Phan(: (541)352-4331 farm, r">~ (511) 3994:565 As always, I appreciate your cooperation in this hatter. MADRAS Very truly y(nirS, 24 S.W, fifth Slrcct Mail, a, reg E3regcul n V17,51 / "V ~ 4z Marlrat rJ7741 T 11hnnet(S41)475-2757 R013ERT S. LQVLW-N Fav (541) 475.2962 RSLJalk VOW-KALAWYEKS.COM t11SUDOWELL-061) Poawt® Fax N to 7671 i. ti, o 4 I Pago$ Tp From C.r A)W. Co; Phone # # W~ Fax # Q`,IC~ Fete # _ Cal 1kk'&(0-q-Ctb o)L - Q UZ/]h/04 13:15 FAX 1 541 385 3076 LIZ FANCHER ATTORNEY 1?1001 FEB-18 2004 WED 09:28 AM COUNTY COUNSEL FAX NO, 5413830456 P. 01 DESCHUTES COUNTY LEC~AL COUNSEL FACSIMILE TRANSMITTAL SHEET ..mom TO: Liz FANCHER FROM LAURI13 CRAGIIf.AD COMPANY., DATE: FLIBROARY 18, 2044 FAX NUMBER, TOTAT. NO. OF PA(38S rNC7.UDTNG CUVLQ; : 385-5076 2 RP : D]oweil - Extension pw~ ❑ Uk(iuav R r(]R RI+.V11iW G 1,1.{?A.M (N)MMUNT Q PT,)Wr? RISI'J.Y ❑ VIALAS17 IIRCYCI,I: NOTES/COlutMOWS: Per your e-mail request. Fill f[G t~fAY til? PRC]'l't'd:J'I :1) lIY'1'1ll"s Al'lC]1tN1'sY (1.1t(N'1' l'RIVILC?G1 97 U? WpRK PR01713f"1' 1'WVll Jail; AND 011TIM L~I11Yf iJ;C; I ~~ti ANr7 CgNl+trit LN'i~rtra'lY 17tc]VI&[C>NS l'11gYf1?r{f)1aY IAW. '1I Xt: iNl Ic]1iMA'I'IQN 181N'I9 a1❑1 tt] UNI Y 1(711 USIL (]I+'1'1 LIZ INIAVIOLIA1, Oft 1i1V'I.171Y NAME13. II' YOU ARri NM 11IR IN'IVNDlW] 1(Ji[ lill'1LsN! YOU ARTi I1fiRrBY NCYITI•TUD'17 IAL'YOU bVLYN(XPR(-aAT), T)I.q(1X I ; LY)13Y, I)ISl'Kll VI'C, USSR Cm TAKK A( VION M.%UJ) LAJON Ti r1S '!'LIAALCMIRSSnN C)RANY n(:C:(]MLyANYlNC31~(?C11lvtl0,rflt II+Yt)U l IAYI:ilu3CJ:;1'Yi",1)'L"I ITS'19iANtilvlL.~`41(]N LN liltJtC)I[, Pl Jin51: L Ma?I?r]fA'['1:1 YN(rIT1rY ITS JAW I.Il?.Nf HY nf.r r r IONIC (:AIJ. OR C71'111i11W SR 7'C] ARRAN(:I+.IK)k A RL!1'URN OIL TJ 11; 111,ANSMI34fOIN AND ANY ACt;(]M1+ANYINO rX)C.UM,,mi'S. '17 TANI< YCIU. 1130 NW IrARRIMAN, BLIND, 0111f,00N 97701 TRI.FPrIUT{ly 591-3Ab.(,623 I FAX 541.IPO-A406 02/18/04 13:16 FAX 1 541 385 3076 LIZ FANCHF.R ATTORNEY FEB-18-2004 WED 09;28 AM COUNTY COUNSEL FAX NO. 541383049$ r~ Neil R. Bvyant Robert S. Lovheii I•yon 1r. Ynrvis Joan A.Dergc Sharon R. 5railb John D. 5arlic Mark G. Remwke Melissa P. Lando Kftrl C.1"ord Lane D. Lyons, LL A& Paul J. Taylur Ch&toph& IL 13,1&ly BEND 591 "'.W. Nf fl) vim way Mail; P.O. Box 1151 110111, orv ffnn 9I / 9 Phone:(541)382-4331 Vaxr (541) 389-3386 W W W,tiWLA W VE RA.COM February 6, 2004 HAND DELIVERED LAURIE CRAGHEAD DESCHUTES COUNTY LEGAL COUNSEL 1130 NW HARRIMAN SEND, OR 97701 Re: Dowell, Jeff and Patricia Nile No.: DR-02-2 Dear Laurie; [a 002 P. 02 y--i'? -3 ~!r U FEg - 2804 DESCFi AB. COUNTY The Applicants would agree to extend the 150-day rule in this matter to March 31, 2004, We will need additional time to prepare the Findings and Decision in final f0m. As always, I appreciate your cooperation in this rtlatter. Very truly yours, 644"-~- r'4~ ROBERT S. LOVLIEN RSL/alk (ML:DOWUM-062) _ _ . A a a a suits LIZ FANCHER ATTORNEY MAR-25-2004 THU 10,02 AN COUNTY COUMSEL FAX NO. 5413830496 D'ESCHUTES COUNTY LEGAL COUNSEL pACSIMYY.F3, TRANSMITTAL SHEET TO; PROM: LIZ VANC f IER J manic Craghead - 388-6593 Carol O'Dell, Legal Assistaat 17 NM March 25, 2004 I.AX NUt IRK: 7'MAI,NO. 014 rAnEZ INCI,UDINC, CaV71t, 541-385-3076 2 PHONi.: NUMIM11; ; 11,t4011R°8 JMULMAY.NGP, NUMBUR; 541-385-3067 4.193 fin, YOUR ttrrsSStuNC13 wilmlisM KUHN/DOW1-1,11" ❑ mcrm' x root ksmi-m f7 r3,1tASE COMN0,14T ❑ PLF.AMU kU-1)T.Y ❑ vi,r•,AS1s kr:CYt:T.V Qvrupondence fkam Bob Lavlka dared 3/24104, Post-IV Fax Note 7671 Dale ~ ' pe~e8! ~ To LL u, ff . Frwn~ CoMept. ca. Phone# Phone # Lax x _MW - 0_1 - l'lie itlfrsnrrnsigll am~alnecl ux this rrus>snlisslcn is privilagrd and oolyFidc tip Iris k.landod only for (lie 1144' of tlic. ltndividual oc entity mimed sibove. If the vmdar of d-is snot+sstsc is not the Intonded Wdpicut, YOU stye hereby noti8rd duLt aq,y d1 swynina6on, 46tribt.Ition of copy of 11 is waunuukatim is ptolubiwd. If you hnw xcec-ivrd shin Cb~Y11Y1Ltt11C1tk7u 1n Vr[OU, pk-aee nodFy W ii13s.1'lcdisstdy by vollcct tekphonc crslf and i mm the originalvnesRage to us -AL The . Wade addresw via the US Postal Scevice. We will reimburst: you foc poswge- Z 001 P. 01 1130 NW IIARRIMAN, REND, ORMION 97701 TELS:i? MME 541-58R-6825 / FAX 541-383.0496 voe LJ/Uy A1L:5U VAx 1 541. 385 3076 LIZ FANCHER ATTORNEY MAR-25-2004 THU 10:02 AN COUNTY COUNSEL FAX NO, 5419830496 [it 002 P. 42 k4cil R. Bryant lscykrem 5. T avuen Lynn F, ]rlrviu John A.1)arse 5harmi It, $111ith Jnl1n D, Sorlie Mark G. Rvinurke Mt+ssa P. Lande Ki ri C. T"nncl G,ne P. Lyons, U.M. Pa a] 1. Taylor ChribtoFhrr A. Bagley BEND 591 S.W. NE11 View way Mail: P_()_ 11ox 1151 bend. arch 9770'1 Phnnps (541) 382 4891 Fax; (5411389-3.786 WWWA.A.AWYFRE-CQM March 24, 2004 IL&ND 1VER LAURIE CZAGHEAD DESCHUTES COUNTY LEGAL COUNSEL 1130 NW HARRIMAN .FEND, OR 97701 Re: Dowell, Jeff and Patricia Fire Nb.: DIZ-02-7 Deal- Laurie: VAR 2 4 2004 I The Applicants would agrce to extend the 150-day rule in this matter to May 15, 2004, With my mother°s illness and untimely passiug, it has taken a good two wocks or more out of my schedule that I did not antieipato. I have not been able to got to the finished product in this matter. As always, I appreciate your cooperation in this matter. Very truly yours, ROBERT 8, LOVLIEN RSUalk (RS L:DOW E~LI,.063) Cal a a D/L 5f'~11.°~f,os~ 51rsi _ . A 1 11 4100 S! i 15 LIZ FANCIER ATTORNEY 001 MAY-14-2004 MOB[ 08;12 AM COUNTY COUNSEL FAX NO. 5413830496 P. 01 D E S C H UT E S COUNTY LEGAL COUNSEL FACSIMILE TRANSMITTAL SHEET TO, Liz FANcHIM FROM: LAURIE E. CRAGHEAO ?AX NUMBER: 385 3p76 TOTAL NO. OF PAGES INCLUDING COVER z CC: PAUL I~LIKSTACI DATI`: 385-1754 MAY 10, 2004 RI-7, OQW311- 5xt6rlslon 0 11Tt[.t:1-4'17 ILI I~()It 1tIMIi`W C7 PI.F.A511 COMMf.rJT © ni,HAil:; 7114PLY ❑ P7,17ASE I0:r.YC1.1> NO'T ES/COMNII_NTS: For your information. Post•It• Fax Note 7671 Dale vml;i p49es1 From Co./Dept. Co- Phone # Phone A 5~S _ ~ ofo ' C Fax#, 03 -1688 Fax# S ~ -3SS 3°`Z H-clPE L-W" [vyp.~ ice" C"r a ,4 PP .51 1.1 US IPAC`IM11A%'111ANSM11M0N ANV AM I]DCLIMIIN'15 Acx-.c.)IVIPANYING rr Akl? CONIiD1T.d I1Al_ IN PAIMCLIJ All, IT MAY M, I)II(TI1iCrI?T71iY rl OT, n 1'tQ1tNISY C 1 jr N'1' I~JtIlRD I3C,1','1'I u; WORK FI1oriuCr PRIVIIJ SGII, ANI] Orrl WX In;1Vil,ssC1fiF ANll Cf)1VL~lUI{N'DgAId'1'Xi'11[]V1STpN~ T~ItOvll)Lt,17 k3Y1!iV(/, '('ItFS INITCR114A'11C)N Tlti IIwl7?NI]1L17 C1N1.Y l;I)I; U~ T; [~l~'ll lt's TNL)tVl [1C1N. CyR I?N'J'f'LY NAI~;p. lT'YC)l1 ARFL 1~L7C'17 TES IAlY74N1J1:L7 Rf?t•:JilWl] X17 ; YfOU ARf: T tJ~1U'C'FY NC7171171,i 3'!'17A'1' YCW MAY Nt7r TU SAY?, DIW3.08174 WIN. 1~1ti 18191] [1Z, U:il' S3R'1'A1V ~ AC1'101!41w-Aiu UVON 'I'i Its ' RANSMI,Ss14N0R,ANYA[Y: WANYI.NGI'X)CU1AT?Z ! 11'YOU1IAVr,F1tSCI?TV1~1~'li]IS1ItANSM1FtilANIN f`,RStolt, r1) fl~Sr; l M1~S1 ~.1)1(~ l'ND-Y N~J'1'1LY'I'I 1115 X,/ill(/ 1`] RNt l}k CgT.f SSC'I"f'r"Sd31yl (ONli C;A1,I , [7R U'i] rf?RSW1Sl? 7Y9 ARTtANC.I i rr[?Il r1 ItVITURN 0F,11 I15 `IRANSNOSSI[)N AND ANY ACCOMPANYING rYMUM WIN. 'Pl IANK YU1.1_ 1130 NW IIAILRIMAN, HFIND, 0111S00N 97709 '1't;T.L1;110Nl1, 541-38$.6513 / PAX 541.385-0496 ')00 Jutj MAY--10--2004 M091A 08:12 AK COUNTY/COUNSEL LIZ FANCHER A1"I'ORNEY Qooz FAX NO. 55413830496 p, 02 M Ay - 7 2004 ffE a u'es cou,FY May 7, 2004 l! ;nl cr?~,irtir~ RDIVrkS. Lovllr►s HAND IMIYERED Lynn P- )WIS ti.. john A. Verge ' 5'hnroe R. shu(►i LAURIE CRAGHEAD Johil r).5orlie DESCHUTES COUNTY LEGAL COUNSEL Marty C. R(,jncrke 1130 NW HARRIMAN Molima F. Ujidu BEND, OR 97701 x4ri C. Pord L,rkn. Lywi4, t~t..K Re; Dowell. Jeff said Patricia F-A J. Taylor File No.; DR-02-2 Ch►istaph= A,1D.igky Dear Laurie; OtND 591 S.W. M View Way The Applicants would agree to extend the 150-day rtile in this matter to June 30, KIM 11%0. Box 4151 2004. pcd, Orogcm 9770 Phcma: (541);192-4331 I am still reluctant to release the decision until we have sorne feel for where tho Court Pax: (541) 369-s*sa of Appeals is going on the mattor, Howover, I guess we may just not be able to wait any longer, I will try to got that opinion up to you in the next couplo of weeks. I was hoping we would havo some resolution prior to this time. www.AwurwrVAIR.GpM As always, I approoiate your cooperation in this matter. very, ly yours, 49 ROBERT S. LOVLIEN RSTJalk (RS L: T7)W al,T,-oc,4) 'cal ' 1 to-q6 Guu Page 1 of 1 William John Kuhn From: "Liz Fancher"<liz@lizfancher.com> To: "Laurie Craghead" <Laurie_Craghead@co.deschutes.or.us> Cc: "William John Kuhn" William@RiskFactor.com>; "BOB LOVLIEN" <lovlien@bryantloviienjarvis.com> Sent: Wednesday, June 30, 2004 5:12 PM Attach: Liz Fancher.vcf Subject: Further Delay re Issuing Dowell Decision; DR-02-2 Laurie, The 150-day extension letter from Bob Lovlien dated June 30, 2004 indicates that Mr. Lovlien is "still reluctant to release the decision" for the Dowell matter. Mr. Lovlien states that he is waiting for the Oregon Court of Appeals to issue a decision on the appeal of an unrelated Circuit Court decision. Would you please advise me why the Board or its staff is waiting for the Court of Appeals decision and when it intends to act to bring this very old case to a local government conclusion. Liz Fancher 06/30/2004 uur.]VrV4 11:44- PAX 1 541 385 3076 LIZ FANCHER AT'T'ORNEY on JUN--30-2004 WED 04:45 PSI COUNTY COUNSEL FAX NO, 541 817 4748 P, 01 DESCHUTES COUNTY LEGAL COUNSEL FACSIMILE TRANSMITTAL SHEET 'TO: UZFANmER FROM: LAURA" E. CRAGHEAD , .FAX P1UMDIr13: 3$8-3076 TOTAL NO. OF PAGES INCLUDING COVER: Z ` ` ' ' " ' CC. PAUL DLIKSTAD DATE: 385-1764 JUNE 30, 2004 Dowell - Extension CJ URG1iNT Iii FOR R13'VIIiW ❑ PLEAW CbMMENT ❑ PT-HASH REPLY © FLE,ASE R1•:r,YC:IX NOTES/c0mmFW rS. For your info mation. Post-it* Fax Note 7671 0 of Dater x p o p ► To Lc CCI From L~ ?I .I_rp~ JiAept U-e a a_ C, , r Co. ~ -C qt~ftq " e - V" 4 ( + Phone # Phone # Fax # 3, P) m -4.1 i Fax # T1 If4 !"ACSiMr1 F3 TtiANSMt tt)H AND ANY L)0c dull-N1tACC[)MPANwN'G rrAm [x70+I[+imavimi., IN IJAW1'ICU1.AK ff MAY We PLI.C31t1 013 BVI7III ATrORNizy-C7.TiOV1'llRIV1IJ CCiLi 'I'fili vA.)xK PIIC)DUC'11'II.1V1I,r,C CZ, ANj1 G1,11t .11 M11Y11,T-MiS AND tx~Nlalaltrrllnla'1'Y PRC)V351C7NS 1'1t~ViT3tu] 13Y I11W. 'f1 [It IN1+O MA'I'ION IS IN'1'1:"N *3) 4N1 Y rOn US15 QL' TI W41NPTV1ALIAf. [ 1'V1Y NAMId). If YOU Attu NOS[ 1 IM TW'nN13Fn ItHE PILEW, YOU AR[? t•11aU IBY NUL'ILWil)THATYOUMAYIvOTIiiIA0.DM ;1OSK(X)11Y,1)L 1•l1SU'11s 1MOR'I'r1K3 ACRONAASM- LMON1111.9 TRAMWIiC.v' ON M ANY AtWWANYINCr DOCUMrN115, Ira Ytx1llAVta r.1u:1d[Vlr1) i2f1S"l'ItAAitiM15STf~1+i EN 1 a;rlrut, L'fJ' ASE IMMTDtAI ET Y NC71"1111,,41.AW FIRM BY COLLCC!"1'1 I,CIqIONS CATI, OR C'I'1 ll(itWltil t'l%) A1U"C1Li L'CJ1t A kF-1111M 01"A 118'1kANSMLRWN AND ANYAM)MPANYIIME) DLYMM11415. 'L'LIANKYOU. 1308 NW WALT. ST191I11, SUITU 200„ [iGNU, 01(1+,CvON 97701 '19IJ',I)110Nn 5411.3811,4623 J PAX 541-617.4748 IAJUUC 06/30/04 1.7:44 FAX 1 541 385 3076 LIZ FANCHER ATTORNEY JuN-3u-zuu4 wr.u u4:4b FM COUNTY COUNSEL FAX NO. 541 617 4748 P. JUN 302004 June 30, 2QQ4 Neil R. Bryant Ik+bcrts-larvllrra pk HUTES COON Lyar F, Jarvis HAND TW I VE-HED lEtAi. CO UNSR jobn too .O`rth LAURIE CRAGHEAD 5]1~1tAn X It. 5rni111 1.1n. D. 5urliU DESCHUTES COUNTY LEGAL COUNSEL Mnrk G. Rcirwke 1134 NW HARRTMAN Mehaaa P. IAnde BEND, OR 97701 Mtrl C, Fnrd I ane u. xyorl+, LLM, Re: Dowell, Jeff and Patricia Pail 1, T vlor File No.. AR-02-2 Clarlatn}rl+er t~, il,~l~y Dear Laurie: BEND 591 SM. Mill virw Way The Applicants would agree to extend the 15"ay rifle in this matter to July 31, M,aM P'0. BOX 1151 2004. 14nd, Orcism 97769 Phone: (541) W-4111 I am still reluctant to release the decision until we have some feel for wham the Court Fax: (541) 389.3386 of Appeals is going on the matter. However, I guess we may just not be able to wait much longer. I will try to get that opiniou up to you in the next couple of weeks. 1 was hoping we would haw some resolution prior to this time. www.s~t.,r~,nwv~~,co>w► As always, I appreciate your cooperation in this matter. Very truly yours, 44"~ 4,1, ROBERT S. LOVLIEN 02 RSLIalk (RSL:)awlrr t.065) p Za Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org AGENDA REQUEST AND STAFF REPORT DEADLINE: The following items must be submitted to the Board's secretary no later than noon of the Thursday prior to the Board meeting. • This agenda request form • Maps of the subject property and • Your staff report general area, if appropriate • Any relevant backup information • The original documents to be approved The Board's secretary will route your original documents to Legal Counsel for approval if necessary. Please do not give your documents directly to Legal Counsel. All boxes must be completed. D artment/Division: Person Submitting Request: Contact Phone CDD/PLANNING [PAUL BLIKSTAD 6554 Date Submitted: Person to Attend Meetin : Date of Meetin : AUGUST 5, 2004 PAUL BLIKSTAD AUGUST 11, 2004 Description of Item (as it should appear on the agenda), and Action Requested: BOARD CONSIDERATION AND POSSIBLE SIGNATURE OF THE DECISION ON DR-02-2, A DECLARATORY RULING FOR SIDE YARD SETBACKS IN THE F-2, FOREST USE ZONE. Background Information (please attach additional pages as appropriate): THE ORIGINAL HEARING WAS HELD AUGUST 29, 20002. THE APPLICANT HAS PREVIOUSLY REQUESTED SEVERAL TIME EXTENSIONS. NO ADDITIONAL EXTENSIONS HAVE BEEN GRANTED AND A DECISION NEEDS TO BE RENDERED. (Dowell/Kuhn) Budget Implications: Policy Implications: Distribution of Documents after Approval: Rev. 7-03