2013-1080-Order No. 2013-033 Recorded 7/29/2013COUNTY OFFICIAL PI
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKS VV 2013'1080
COMMISSIONERS' JOURNAL 07/29/2013 10:32:24 AM
LEGAL COUNSEL, II II III IIIIIIIIIII IIIII III III
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OIZEGON
An Order Reopening the Written Record in File
No. CU-12-1.5/A-13-1 * ORDER NO. 2013-033
WHEREAS, on June 13, 2013, the Board of County Commissioners ("Board") held a public hearing on
File No. CU-12-15 regarding the application for the placement of a wireless telecommunications facility in the
Alfalfa area; and
WHEREAS, at the end of the hearing, the Board left the written record open to June 28, 2013 for any
new evidence to be submitted, July 5, 2013 for any rebuttal to evidence submitted during the June 28, 2013 open
record period and July 12, 2013 for the applicants' final rebuttal arguments but no new evidence; and
WHEREAS, on July 12, 2013, the Community Development Department received a letter from Bruce
White, legal counsel for Larry and Debbie White and Linda Armenta alleging that the applicants submitted new
evidence during the July 5, 2013 rebuttal period that had not previously been submitted and requesting the due
process right to rebut that evidence; and
WHEREAS, it appears from the record that the information from the applicants was new evidence
resulting in the due process right to other parties to respond to that evidence, but Bruce White was the only party
to make such a request; and
WHEREAS, it is in the public interest to assure that all due process rights are protected; and
WHEREAS, in order to protect those rights for Larry and Debbie White and Linda Armenta, on July 1. 5,
2013, the Board issued a verbal order to:
1. Reopen the record in File No. CU-12-15 to enter into the record the July 12, 2013 letter
submitted by Bruce White;
2. Reopen the record to 5:00 July 23, 2013 to allow additional, final rebuttal arguments by the
applicants in response to Bruce White's letter, but no argument about any other issues and no new evidence will
be allowed; and
WHEREAS, the verbal order should be ratified by an order of the Board; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, 1-IF,RF.BY
ORDERS as follows:
PAGE 1 or 2- ORDER No. 2013-033
Section 1. The July 15, 2013 verbal order of the Board reopening the record for the two purposes state
above is hereby ratified.
Dated this ~~of 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
AT EST:
Recording Secretary
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ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
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ANTHONY DEBONE, Commissioner
PAGE 2 OF 2- ORDER No. 2013-033