HomeMy WebLinkAbout2013-06-24 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Monday, June 24, 2013
Page 1 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
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
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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
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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
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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 hea lthy. 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
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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.
UNGER: 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 6 of 15
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
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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 Sheriff’s 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
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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 Sheriff’s 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 9 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 10 of 15
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.2013-083, 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 11 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 12 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. 2013-075, 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 13 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-H
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-H 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 14 of 15
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
41. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H 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 amo unt 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.
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 I Dft; Day of ___H---,I\-____OtJv 2013 for the
Deschutes County Board of Commissioners. ~
(J1~~
Alan Unger, Chair
TammYB~
ATTEST:
Anthony DeBone, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, June 24, 2013
Page lS oflS
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 ofa public
hearing will NOT be included in the official record ofthat 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 of8
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 ofResolution 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
MartyWynn~Finance
Recommended Action: Move Signature ofResolution 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 2 of8
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 InsurancelRisk 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 Sheriff's Office Radio Communications System
Board of Commissioners' Business Meeting Agenda Monday, June 24,2013
Page 3 of8
26. A PUBLIC HEARING and Consideration of Signature of Resolution
No.20 13-077, 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 4 of8
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-H
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 Extensionl4-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 of8
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 Extensionl4-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)
Wednesday, June 26
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, July I
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 of8
Tuesday, July 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
7:00a.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)
Wednesday, 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 ofthe 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 of8
Monday, July 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, July 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, August 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 of8
Regarding the timeline for DR-11-13 the Dowell request for a Declaratory
Ruling to establish a homeowners' agreement for our cluster development.
PLEASE NOTE the dates 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 DeB one
To: willlam@riskfactor.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 COD for a declaratory ruling {or whatever is appropriate},
he did not indicate when this would happen .
Anthony {Tony} DeBone
Deschutes County Commissioner
tonyd@deschutes.org
www.deschutes .org
office: 541388-6568
mobile: 541 728-3012
-----Original Message ----
From: William Kuhn
To: Tony DeB one
Sent: Th ursday , 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 is s ues we are insisting on.
Based on what you learned today , you may want to review th e ruling of Deschutes
County and LUBA . Please know that because of those rulings we feel it would be
C:\Do cs\prop6557S\Dowell \Lega ls & Deci sions Court & Co unty\2011 DR· II-1 3 HOA ideas & att empts\Regarding lb e timelin e fo r DR-I 1-1 3 llMELlNE.OOc 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
INVESTIO -Registered Investment Advisors
PO Box 5996
Bend, OR 97708-5996
541 3893676
William@RiskFactor.com
"First, they ignore you, Then they laugh at you. Then they fight you. Then you win."
Mahatma Gandhi
C.\.Docs\prop6SS7S\Dowell\Legals & Decisi ons Coun & Counly\2011 DR-II·I) HOA ideas & anempls\Regarding Ihe limeline for DR-I I-I) TlMELJNE.doc 6/24/201)
Third the declaratory ruling DR-l 1-13 request document was signed by leffDoweH on
Jun e 2 2 011.
Community Development De~artment
PIiolVling Divisoon
117 NW Lafl¥!tte Awnue. Bend . CJl 97701 ·1925
(541) 388-6575· Fu (541) 365-1764
t-ttp:/!www.descllutes.org/cdd
LAND USE APPUCATION
INCOMPbETE APPLICATIONS WlU NOT BE ACCEPTED
1. Comp:e,e ,he 9Ilplicalion foon and prootode _opria'8 anginal signatu'8I.
2 . Include a copy of 111& cu",,", deed showing ,he property owne~.
3. Altach correcllee.
4 . 'ndude a plcl plan !hal shows oK properly ine. and .....Ung _ proposed S'rudUlBS . patlling. landseapjng .ignling . etc.
5. " tAs application incixIes ooersized plans a~•..o..c.d..a. plan no larver!han ".x'r ...... grapNc ec:aIe aNllllso be IncluOOd .
• , color ax!>"are submitted. black and ..t1i1e copies with capIions 0< shading delinealilg !he color ........a4so be provtded.
6. All applicable standards a"" crileria must be aadfessed in writing prior 10 8CC4I)l8nce oIlhe appIiealiOn. Det,jed descnp\lOf\s.
maps and other relevant fnlotma60n must be attached 10 !he applk:alion.
TYPE OF APPUCAT10N (che.dt one): FEE: 1,230.00
Conditionlll U •• (CU) _ Temporary Use (TU) Selbadt exc.ptlon (SE) _
PanlUon (NP) _ SIte Pilon (SP) OCher Dpcl ;oratory Ruling
Subdlvllion (TP) _ VarlanceM
Applicanrs Name (priot): _.J1LJiewf:.J'ft.-aano;:ldL-.J:Pl-ial.ltt.-Duooso"'tEew'I..J......_ ______ Phone : L->. __ ~___ _~
Mailing Addtess: 425 Benjamin Dr. C~yIStatl!lZJp : vernon Hills. II, 60061
Applicanfs Email Address: _______________________________
Property Owner's Name (il dilrerentr:_--.J_.,g;5~=.:::;e;:.L)_. __________,Phone : ~)a m _______
Maiting Address: CilylSlale/Zip: _________ _
1. Property Desctip.tion: Township~Range---1L 5ection-----12-Tax LOI __......1 ...0"'()J'--_______
2. Property Zone(s ): __-'F"'/"'W"'A<>.L1""F..2.J./....r....M:.r...._ Property Size (acres or sq. n .): __.:r4....~3bda~c~r...e"'5'--____
3. Lot 01 Record? (Slal& reason): ___ __Y;;.e,;;.;;,5 _ ----_________________
4. Property Address; .......
__116.;;)5c:;5~9r..;5l....jS i .:;s.s;e~mIl.QlJr;.:,se.:.-RJ:S.LId......<_..JB:1Je=nlJd_________________
5. Present Use 01 Property:__r..;e...;s;..i...;d:..e"-n--..:ct"'i .;a""l"-d;..w"""'e "'l..;l..;i:..[\.;.,g....._____ _ _ __________
6. Existing Strvctures: ___---'h:.:.O=ffi"'S'--_________________________
7. Request peclaratory ryling to establish homeowner I S agreement.
6. Property will be served by: Sewer___________Onsile Disposal System, ___.......x ____
~~::::jWn:2ua1
well 0a,e :~6~/_:.c'..J"t/J'-"-LI--
Property Owner's slg!la~r8f1t)". _____~___________.Oate :________
AgenrsNameCdapplicable): Robll"t 5 t.o"Ij,IIA Phone: (..5.J.l 382~4331
Mailing Address: 591 514 Mill View Way CilyiStatelZip: Bend, OR 97702
Agenf s EmaiIAddress: rohert.lb!j ) aw~r~com·
'If this appllcatton Is not signed by'he propeny owner, a IftC..-aulhotl1lng ..gnaure by the _ncanl m..1 be llIa~hed . By
Ilgnlng this application, th. applicant und....tand. and agr'MI thaI Daoeh<du County may require I depot/It lor h ••ringa
offi~....• Ie.. prior 10 the appllcallon being __d complete; and If thl application .. helnl by • helrlngS ofIlcer. 1Il1
applicant wII be responsible lo'the actual co.1II of the hearinga omc:.,. 7109
DlZ-I/-1.,3
C:\Docs\prop6 SS 75\Dowell\Legals & Decisions Court & County\20 II DR-I 1-13 HOA ideas & aHempts\Regardmg the timeline for DR-J J -13 TlMELfNE.doc 612412 0 13
Forth
The DR-] ] -13 document contained Exhibit A -note the Draft date which shows SI Ll I II
or the day before Commissioner DeBone wrote me his email. Please see Exh ibit 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-II-13 was actually submitted to COD on December 2320] I
COD COVER SH EET rDR SLB
1212312 011 09:30:23
PL
1 PAGES
r L[ 10 16 1 11 9000 10 0PL 20 1!12230 " J 023
r " :AI' 16 1 19 0CQD 10 0
5I:Rl l 16 4&£.
or rSl~ PL
SIM 6 595 S! SE eR E RO
f(ll!Sf1 5"9 5
STRffT S IS[1()Rf
c ImlT O R l l l~ App, i't l« rll .
f<EC(~lO ( OR 11 13
OCl.,TfD I PA1 r f l
Cover 5 h e t Iden l l f ler
AIiJ . H I X
May 24, 2012 the Dowells asked for a Refund check
C \Docs\prop65S7S\Dowe ll \Legals & Decisions Court & Counry\20 11 OR-I I-I) HO/\. ideas & anempts\Regarding Ih e limelin e for DR-II-I J TlMELfNE.doc 6124/2 01 3
IJ~ 5/J//~Exhibit "An
~. "9
JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 4'<");./~
TIm UNDERSIGNED, being the owners ofthe real property described in Exhibit "A",
attached hereto and by this reference incorporated herein, hereby subject the above described real
properties to the tenns, covenants, condi~ons and restrictions as imposed by this Common
Property Maintenance Agreement.
1. MAINTENANCE. Each of the owners ofthe 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 perfonning 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 ofFish & 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 ofrecord shall be responsible for one-half (112) of the property taxes
assessed against the above described property.
3. DEFAULT AND PAYMENT OF MAINTENANCE ASSESSMENTS. If an
owner fai1s to pay any maintenance costs or real property taxes when due, that owner shall be in
default and the maintenance costs or rea1 property taxes not paid, together with interest thereon at
1 -JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 00043989.00c
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 Hen setting forth the amount due
and the description ofthe 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 ofthe notice oflien. The lien holder may commence 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 suit or action shaH pay all costs and
expenses which shall incur in connection with such suit or actio~ 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 ofthe trial court or an
intermediate appellate court.
5. 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 ofthis Agreement or any additional provision
shall become effective only upon the filing in the official records of Deschutes County, Oregon,
ofa certificate of both owners setting forth in full the amendment, amendments, additional
2 -JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 0004398\1.DOC
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 reqWred 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.
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
leffDowell Pat Dowell
STATE OF _____--->, County of_______~, ss:
The foregoing instrument was acknowledged before me this __day of ____--J. 2011. by Jeff Dowell and Pat Dowell.
NOTARY PUBLIC FOR _____
My Commission Expires: ______
3 -JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 00043989.DOC
EXHIBIT "A"
A parcel ofland 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 comer of said Section 19; thence South 51E27'37" West
962.37 feet to the TRUE POINT OF BEGINNING; thence South 00E07'23" West 58.72 feet;
thence on a 1038.31 foot radius curve left 394.79 feet, the long chord ofwhich bears South
lOE46'1O" 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 89EIO'04" West 1405.83 feet; thence North OOE40'19" East 1325.84 feet; thence
South 89El1 '47" East 779.00 feet; thence South OOE48'13" West 200.00 feet; thence South
89Ell'47" East 498.11 feet; thence South 61E42'30" West 411.30 feet; thence South 00E48'13"
West 210.11 feet; thence South 89Ell '47" East 325.26 feet to the TRUE POINT OF
BEGINNING.
4 -JOINT PROPERTY OWNERS MAINTENANCE AGREEMENT 00043989.DOC
----
---------------------------------------
----------------------------------------------
------------------------------------------
I
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
.:" "
Agenda Item of Interest '. ,\.-1) kc. i \..'!-"'.....,. Date~ 1-1
•. 1
_"'\ l.~,.. \.'" ..A-'""_
, . ,Name --------------------------------------------------
Address
Phone#s
E-mail address
D In Favor D NeutrallUndecided D Opposed
Submitting written documents as part of testimony? DYes
----Original Message ----
From: Laurie Craghead
To: Liz Fancher
Cc: BOB LOVLlEN
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 Cragneaa
yusutantLega{Counse{
Vescfiutes County
(541) 388-6593
THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATIORNEY
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: Uz Fancher [mailto:liz@lizfancher.com]
Sent: Wednesday, June 30,20045:12 PM
To: Laurie Craghead
Cc: William John Kuhn; BOB LOVUEN
Subject: Further Delay re Issuing Dowell Decision; DR-02-2
Laurie,
The ISO-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:\Docs\prop6557S\Dowell\Lovlien\20040630 email ex Fancher Craghead Lovlien re Too Many Delays.doc page I 6/30/2004
William John Kuhn
PO Box 5996 Bend, Oregon 977085996
Martha Leigh Kuhn
Phone: (541) 389-3676
Tuesday 6 July 2004
Board of County Com
1300 NW Wall Street
Bend, Oregon 9770 I
missioners
Dear Commissioners,
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 ISO-day clock for the Dowells' Appeal ofDR-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 filed 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,
William John Kuhn Martha Leigh Kuhn
C:\Docs\prop655 75\Dowell\040706 _ ToBoCC _ReLovl ien&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:
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, July 12. 2004
Page 12 of 13 Pages
Page 10f2
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)"
<Iovlien@bryantlovlienjarvis.com>; "Paul Blikstad" <PauLBlikstad@co.deschutes.or.us>
Sent: Wednesday, August 04,20042:26 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 Cragheaa
~s~tantLega{Counse{
'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 [mailto:William@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 Craghead, 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" <William@RiskFactor.com>
Sent: Friday, August 06,2004 12:54 PM
Subject: Re: Dowell Case
----Original Message ----
From: Laurie Craghead
To: Paul Blikstad ; Liz Fancher (Liz Fancher)
Sent: Friday, August 06,200411:25 AM
Subject: FW: Dowell Case
FYI
Laurie Craghead'
J\ssistant Lega{ CounseC
'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 [mailto:robert@bljlawyers.com]
Sent: Friday, August 06,200411:12 AM
To: Laurie Craghead
Subject: Dowell case
08/06/04
Laurie: I do not want the lS0-day clock to be an issue. Just for the record, we would waive that lS0-day
clock an additional 45 days just to make sure we get the decision done correctly.
ROBERT S. LOVLIEN
BRYANT, LOVUEN & 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 ofthe I 50-day clock
for the Dowells' Appeal ofDR-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 I50-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 I 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.
CIDocslprop<i557SIDowelllJlxtend 150DayClockl040706 _FancherToBoCC_R.Lovli.n&Rel....OfA·02.7De<:ision.doc page I 0710612004
JUL-18-2002 THU 07:40 AM FAX NO. P. 01
Nl.'il R. IlryuI'Il
Rvbcrl S. J.ovlirn
Lynn ro. J,l!'\/w
j,)lln A. U"rgc
511(11'01\ R. f'll\irn
Jnllll D. Si.1rlill
M ,UK (i. Rl'j n l.'1:Iu'
Mdi:~;.\ P. 1..,,,,1("
Kiln C. [i,m.\
1..1IlC D. LYVII;\, I.T .M.
)cnllikc /I, Alll'o
BEND
5»1 S.W. Mill V;"w Way
M,1il: r.o, l'll'X 1151
TlI'1'l\1. O)"('f~'m '.I"IIO<J
Plumo: (S41) 3112--1:131
I'~x; (!11ll ;\H')-:1:1I16
MADRAS
21 s.w. l-1(th Slrc(,!t
M,Ii1; p.o. Tlo'( nr;o
M.ldr.1S, Oregon 97741
Phnoc: (!i1 J) 475-2757
Pox: (541) 475·2962
t
RECEIVED
JUL 1 0 2002
)CHUTES CO. LEliA\. GQUNSEt
July 10,2002
DESCHUTES COUNTY COMMUNITY Via Fax -385-1764
DEVELOPMENT DEPT.
ATTN: PAUL BLIKSTAD
117 NW LAFAYETTE AVE.
BEND, OR 9770]
LAURIE CRAGHEAD / Via I?ax -383-0496
DESCHUTES COUNTY LEGAL COUNSEL
1130 NW HARRIMAN
BEND, OR 97701
Re: Applicants: Jeff & .Pat Dowell
File No.: l>R·02 ...2 (A~02~7)
Dcar Lauric and Paul:
The circuit court trial of Kuhn vs. Dowell that was set for July 9th and 10lh is not
going to be completed as anticipated in time to hear the above-referenced appeal. As
yO'll know, the appeal hearing is set for this aftemoOll at 3:00 p.m.
First, we are hereby waiving the 1 SO-day clock with respect to this application.
Second, we would appreciate that this matter be reset at the earliest possible
convenience.
We apologi:l.;o for any htoonvonionce this may have caused, but the trial is just taking
longer than anticipated and the prutics arc simply not available for the land usc
appeal hearing before the Commissioners. I appreciate your cooperation in this
matter.
v cry truly yours,
~~0,~;I//iFV
ROBERT S. LOVLIEN ;~
RSUalk
cc: Liz Fancher, via fax @(541) 385-3076
Gerry Martin, via fax @ (541) 382-7068
M:\[)ATA\RSL\CLlIlNTS\D\Duwell.042,Llr!1l 91iluillul & Crdgh~ad
JAN-10-2003 FRI 01:11 PM ACCESSOR FAX NO, 3897947 P. 01
Ndllt Urytln(
Rubel" S. 1,(,lIlil'l\
LYiU\ f. Tarvis
John /I.. 11('rr/~
5h,lf\1lI I~, Smith
John D. f,orli,'
M,lrk G. 1,~h\L'Cke
Mdi".l 1'. I ,1 ndo!
"'h'i C F"rd
L.IlU! O. l.yr)!)S, II "M.
Jc>nl\j(,'1' /I., Alll!n
BEND
5'.11 :;W, Mill Vk'WW,ly
M,dl: P.O. Uux 1151
Il,·nc!. 01'1'r,011 CJ7700
rh,)J\c: (541) :1!)~·4:l..11
fa~: (541) :\:;\].:\31>(,
MADI{A,)
2·1 S.W. Finh S(n:cl
M..iI~ I~O. lIox 61">0
~,t,\,1t,,:}, OR'1:\'<.>11 97141
f'hmw: (5·11) 1\ 75-:1757
F;, x: (51\ I) 47S· 2962
Post-it" Fax Note 7671 LlJIA 1//6/t 3 \J~3~," \
) (' 1· r-D.I(I.;)LS<... from -('.To ...::) Cl~J.p..U--,
CoJ{l('P1. Co.
l'hol1O U Ph~,r1l) If
f'"xll Z (,) .. ~() 7-Ca hK#
I£(;EOWm
JAN 10 2003 0000
D£~UTES COUNl'(
ltGAt COUNSEl~•.-.-----.--.....--....... -----.------...-...--
January 9. 2003
LAURIE CRAGHEAD
DESCHUTES COUNTY LEGAL COUNSEL
1130 NW HARRJMAN
BEND, OR 97701
Ro: K ubnIDQ,weli
Dear J,auric:
The purpose of tIns letter is to advise tho County that tllC Applicant, Jeff DoweH. will
agree to extend the 150-day clock until the eJld ofthe grant period for the pending
mediation. This extension ofthe ISO-day clock is on the condition that mediation is
continuing. Tn fhe event mediation terminates, We would agree to provide you with
not legs than two (2) weeks notice that we would be revoking this extension.
Very tmly ymlTs,
l1t/tu( hY/t
ROBERT S. LOVLIBN
RSLlalk
cc: Mr. and Mrs. JcffDowcll
(RSl,:DOwm,1..o49)
Cal __ .____
,.., H, ".' .".•••__-
FAX NO, 5413830496 P. 03OCT-20-2003 MON 10:49 AM COUNTY COUNSEL
-..-.
Neil R. Ts''Ylln'
Rob!!!rl 5. To\lli~n
Lytln F. J"rvi.~
John A. Becge
5h.u'0I1 R. SmIth
]<lhl, n. Eiotlil!
Mal'l<; G. Rcil'll.lC'ke
Mcll/iHil 'f. , .mule
l<Ht1 C. Ford
ul1'1tl D. T.y('>nt\ LL.M.
PLlul J. Taylor
&fiND
5':11 S.W. Min View W~y
Ml!i1: P.O,l.'Iox 1151
t~l?-nd, OtLtt~n 9'171'1)
rhClnc: (.M'}3tl2-433J
:!<ax: (541) 389..3:386
MADRAS
24 s.w. I-'i(lh Sln.'Ct
MaLI: P.O. B,)x 6.';0
M.ldt<IJI, On.-r:.n" 971f1
Pn(1I\C~: (541) 47!i-'l'P.i7
fax: (54 T) 475-2962
~-.
August 27.2003
SCHUTES COUNTY
~____-~~G.~CO~~NS~[
.
~l------
LAURIE CRAGHEAD
DESCHUTES COUNTY LEGAL COUNSEL
1130 NW HARRIMAN
BEND, OR 97701
Rc: Dowr;l1, leff and Patricia
Dear Laurie:
Y-!9> /f1
The Applicants have agreed to extend the lSO-day rule to Oetober l~ 2003. This will
accommodate the time ncce&SaTy to complete the decision.
P]CSSQ call me if you have any questions.
Very truly yours,
~U.
ROBERT S. LOVLlEN
RSLIalk
Ene I.
co: Mr. and Mrs. Jeff Dowell
(RSL:DOWf!1"l...057)
FAX NO, 5413830496 P. 01OCT-20-2003 MON 10:49 AM COUNTY COUNSEL
DESCHUTES COUNTY LEGAL
COUNSEL
FACSIMILE TRANSMITTAL SHEET
.. t¢
'1'0:
LIZ FANCHER Lauric Craghead -388-6593
COMPANY: l)A'C~:
October 20, 2003
1/1\): NUMllmt. 'nrrAT. -NO. Olll'AnnS INCl'.UmNO COVHll.:
541-385-3076 .3
PIIONP. NUMluiit, SBH!JJ,;I~'5l\T'.l"ElWNCI! NIJMllEl.:
541-.385-3067 4-913
lll'.; YOUR. lUWI'.IIf.,NCTI t-IUMlll'lb
KUHN/DOWEl.L
•
Cll'l.HASI;; COMMUNT [J l'J.HAsn ll.U/.>I.Y tJ l)J.JI....SR. nHCYCLIt
'" « t
NO'1't~/r.OMMEN·l'S:
COuc.aPOOdl.'llCC £roin :Bob Lovlien dllted 8/27/03 lind 9/'2,4/03.
1he infotJ.:I1aWl contained in this tranSmissioll i.~ privileged \lo.d confidentiaL It is intellili:f.i
only for the use of tllt': individual or entity named above. If the J.'ende.r of this mcssage is. not the
intct'lded .recipient, yO'll ue hereby notified that any di.'1sctuination.. distc.buUot\ o~ copy of this
c:orrun1..micarion is ptOhibitcd. If you have rt..-ceived Lhu. t:omtnwlic:a.ti.on.in enol:, please notify us
immediately by coUcct: telephone .;a1l and tr.:tulll the origiruU mCSlt2gc to u.s Itt the abova ~dd.rcsli
via the US PQ8tal Service. We will tt..ilnmusc you fo.t pOllooge.
b
, DO NW 11 "'RUMAN. IH~ND, ORH(JON ~'170t
·'·Hr.llPHONI~ 1i41-HR.onl I FAX 541-)83-0496
FAX NO. 5413830486OCT-20-2003 MaN 10:49 AM COUNTY, COUNSEL
Ndl R, Ilry41\l
RobPn s, LovlM:n
Lynn F. ]arviR
JQhll A. fktgc
Sharon R. Smith
John D. SLlrliCl
Mnrk C. Rc:\l1('ck~
M('li1'Vl P. Lande
Kltd C. Ford
L ... lll 0_ LY(lnl':, I·T ,.M.
raul J. Tnyklf
BEND
~91 s.w. Mill View WilY
Milll: r.o. Dax 1151
Bend, Oregon 9770Sl
l:'hOfW': (541) 3824:l31
F"x; (541)3$9-3386
MADRAS
24 s.w. Fir.h Sue>!t
M.\U; r,o. aux ~o
M.,d•••,;, Ort:8lm lJ7741
fhonc: (54]) <175-2757
Ill'l(: (5<11) 475·2962
WWW.~I.JLAWY.efl5.COM
IE.ERWIE
SEP 24 2003
September 24) 2003
HAND DEUVERED
LAURin CRAGHEAD
DESCHUTES COUNTY LEGAL COUNSEL
1130 NW H ARRlMAN
BEND. OR 97701
Re: Dowell, Jeffand Patricia
File No.: DR-02-2
Dear Laurie:
Based upon my schedule ovec the past three weeks, I am not going to be able to have
the Findings and Decision prepared for your review prior to October I, 2003. The
Applicants therefore agrco to extend tho lSO-dayrul0 to November 1.2003, 'ibis
should provide ample opportunity for completion and review of tile Findings and
Decision.
This is ba5ed upon conflicts with my schedule: and not based upon any delays of the
County. As always, r appreciate your cooperation in this matter.
Very truly Y0linl, ~~~;1&1;~
ROBERT S. LOVLIEN
RST./alk
(RSL:PQWIlLL.OS8)
Cal ttl? t( (0 '5
D/L'id.(:-< {<' 3 _
(,. :;).4
______
LV/;C.O/V.:! 1.1.;"" f<AA 1 041 31:15 3076 _.LIZ FANCHER ATTORNEY I4i 001
P.OI/02OCi-28-2003 TilE 11:25 AM COUNTY COUNSEL FAX NO. 5413830496
DESCH.UTES COUNTY LEGAL
COUNSEL
FACSIMILE TRANSMIT'TAL SHEET
•~ ................ "" ,•• .. .. .;;;;B1.~ laurie Ktll~.I-:;8!".!:.~!!!!!~rL....;t~-'"'____
t r:== ,1MJjM'n=l 57 -mm:z; .....¥'c.., ..",mrz·ea .. C ,"""'0" ott _ ..,...." ......... 'e1·......·
TO: PAUL BLIKST MJ PltOMI
:: :; :; :: :::: :. :.:-: Fax: 38tH 764 LAUlUE. E. CRAGHEAD
~.~.•.~~,i.. :.i.. :.!.:.~.· •..··.:.:.:.:.[.~~!1I~&Nrr-·~~-w __.....-....,nA-.,T;rlF"-r'-::-;n0",""c=to=b..-:c=r=28=.-:=:2=O;;"'O_3___~_
r !ijJ'lLNUMnER 01) l'A~USI
««':.:.:~:.:I 2
" t .. I • 'II' .. ... .. t
... " « " •• t1 ~--------------------:S:::E:'::'N=D:-::En='s:-;m=C=B:::"nE;;;-'N:O;c~ttlO".n~o:;-.---fn1""""""""__10
vo'OR IUfi'IiilmNcn NO,I
o U lUII!.N '1' ..J I,'OR IUWlUW
L._h' , ,
NOl'ES/COMMENTS:
See attached -FYI.
Post-tflt Fax Note 7671
'11 liS r1ACSIMII..U 'l'l\.AN~L~ON AND ANY l)C)C;UMIWl'S M":C:OMT'ANYlNG Tr t\Il1'i. CONlIIDJ!.N'J'{.AL. .I.N
L'AlU'ICULII.Il, n' MAY 1m l'ttO'l'P.C'I'Fn BY 111'H h1"l'ORNEY·ClJaI'L' PLUV.IJ..I,;G1C. 'l~ lJ~ W'CJR~ I'ROI)UC:I' PRJVT1,rtGH.
ANt) O1'tlRR T'RTVlIJ'\CiF,s ANP CONIlIORN'l'IIIt.rI'i 1':n.OV1SIONS 1'1lOVUlJm uy tAW. 'l'U"F; lNII01tMA1'lOt-!11l
rN'I"F,N'OHl) ONT.Y r.O~ USli 017 TIm INt>lVIl)tJALO& UN'111Y NAM}r.J.). III YOU "Rn Nor 1'r ffi INTI~Nl)ItD
flnC~'1?lHN'1'.YOU ARn I IEllt'.BY NO'l'll'llID 'j'IlA'!' YOU MAY N(71'I.\F"""', OISr:J.(')S11, COPY, OrSL'll1 BU'l'It.,. USLI. Ull
TA'h"F.. /\CllON MStin UrON 'L'lIlS'l'I.l.IIl-ISMlSSLON OR ANY ACC'.oMI'IANY1N<11lOCtrMT!.J'.I'I1i, WYOU ITAY!!
nr~(;StlVIID i'lns -nv.~SM1S";TON 1N ImnOR, l~.I~ll\5MUJ)lA'l'l(J.Y N(Yl'lJ:IY 'ffIl~ J.h'llCl (:rI\M p,y COnOC1'
'1'l!J J ;t'IIONn Co,.,l..f. OR 0'1'1 mn.wrsn 1'0 AI\IlANGt~ "OR A lUll'URN Oll'l'UtS 'J1UI.NSMiS!ilON "NT) ANY
ACCOMl'!\NYTt-!o OOCUMBNTS, 'fIIANK YOU,
1110 NW rtARRIMAN. RI~N}). ORI!CHJN ']7701
·n\l.lUI1t(,)N\~ S41.ue-6623 I flAX 54\-3111-04011
J.VI ";01 Vol 11:.l.l l"AA 1 :>41 385 3076 LIZ FANCHER ATl'ORNEY !gJ 002
OOT-28-2003 ruE 11:25 AM COUNTY COUNSEL FAX NO. 5413830496 P. 02/Q2
~
OCT 28 2003
Nnil R. Iky.mt
Rober! g, Urvli..'1\
'-Y11n r.. Jarvl~
John A, ~"'<B<'
!;!h.,rQn ~, 6mi\h
John O. Sorlie
Marlc G, Rl'I"I'.dcAI
lVI('Ili'!~a P. T~...nde
KilT! C, Foru
T,11\0:) p, Lyon!', U .. M.
Pi'luIJ. Taylur
BEND
591 S.W. MUI VIcw Way
MQJl; P.O. }3"" 1151
Uend, ()~gon .".,0')
1'1\(11''': (5111) 38;1;-4331
Vax; (!41) !89-:l38b
MAl)KAS
24 S.w. Fifth Stn:d
M"it: P.O, l3<)x 650
Madnlll, On!gon 971.t
Phon(': (51\1) 17S-'ll57
FOlll (541) 475-2962
October 27,2003
LAURIE CRAGHEAD
DESCHUTBS COUNTY LEGAL COUNSEL
1130 NW .HARRJMAN
BEND, OR 97701
Rc: Dowen, Jeff and Patricia
File No.: DR·02·2
Dear Laurie:
Tho Applicants would a.sree to extend the 1SO-day rule in this matter to December 1,
2003. r have an arbitration hearing that is set, that has not been continued as r had
anticipated. We wilJ need additional tim" to prepare tho findings and Decision ill
final form.
As always, I appreciate YOUT cooperation jn this matter.
Very truly yours,
,M~!;~
ROBERT S. LOVLlBN
RSUatk
(RSI-:DOWJ\U,.05!l)
--
HI \11..1 Uol l;):;'~ 1:'lU. 1 il41 365 3076 LIZ FANCHER ATIORNEY ~OOl
P, 01DEC-Dl-2003 MON 04:44 PM COUNTY COUNSEL FAX NO. 6413B30496
DESCI-lUTES COUNTY LEGAL
COUNSEL
FACSIMILE TRANSMITTAL SHEET
"0, I"ROMI
1.IZ PANCHTIR uurle CtagheRd -388-6593
La.urie KClldall, Legal Assisbmt .... .... ....
PAX NUMBER: 'l'OTAL WOo 01· pA(aI,,~ I N (".J.uDI Nt: CO'lI'.K'
541-385-3076 2
1'1101'111 NUM111'.n. sr.NDnrt'S RspnlUlNCt> NUMQUll:
541-385-3067 <i-913
nl,:
1<lJTIN!DOWm,l.
• 'I t I I
o PI.nASH COMMRNT 0 l'J"~At'R. lI.F.PI.Y 0 Pr.I1ASfi tUlCYCJ,H
'b
NOTI;~/COMMIIN'l'!h
Co:acspom1encc nQD1 Bob Luvlicn dated 12/1/03•
..
'be i"Fot'ml\aoa conl'l1ll1cd.in this tnUlsm.iJslon.ia pnl1ili':gtd txuI amf1&.:ntlaL It is intcad~ only fo.s: die use of lhe
illdivi<hlal or etuity nam.!lCl above. If Ihe ~of tNIl ~c ia not the introdcd ~lt,you \lie hul.:by J'\Qti.Rcd
d1ll.t any dillileminarion, &h1'bu.~ion or COpy of' this C:OO'I1TIru'liatiou ill prohibited. If ,OU have. ~'(' this
COOU'llU.li.::a.b i.n t:rrOT, pbsc notilY us immediately by oollcct tcle.phooe call lind rt:l\lm the onginal mcS$agc to ttl lit
rhe ~l)ovc.: 'I1,ldfC5.S via the uS PoatalScl'lke. 'We wiD. reirnb1.wH! you [01: p<.)~hlg.....
c'C « • 'j,i'1D'" b
lUG NW UAltt\IMAN, Bl"I.NI1. t,)lUteJON 1l7}Ol
Tl'l.LUt'JlONl:!. S41.lIK*.64U I )lAX Hl·lBl·0411t\
...... , UV Uu 1.0::l": f<AA. 1 aU 3~5 3076 LIZ FANCHER ATIORNEY ~002
P. 02DEC-Ol-2003. MON 04:44 PM COUNTY COUNSEL FAX NO, 5413830496
DEG -1 2003
N"n ~. Bryant
Rubert S. Lovli.m
l.yn" g Jlltvi....
John A. I1cl'f,c
Sh.lrI>n R. Smilh
]Dhl\ D. Sorlie
Mal'j,; G. R!'\I"'cke
Mcli~Sll. P. Lm'\ul!
Kltfj C. POI'd
Lant: D. LYLlJ'iH, Lt..M.
Paul 1. 'I)ylor
IlTIND
591 S,W. Mill Vit!W Way
Mi\.ll: P.O. 60x '1St
Bend, O~g!ln 97709
Phone: (511) 3a~·1\331
Fax: (54l) 389·3386
MADRAS
;ll\ s.w. ~!rth '''In.'!.!!
Ml\il: P.O. 'Box 6.';0
Madms, 01'l:gun 97741
J'hone: (541) 475-7:1'.i7
Pnx: (S41)47.!i-l%2
December 1. 2003
HAND DELlYL1RED
LAURIB CRAGHEAD
DESCHUTES COUNTY LEGAL COUNSBL
1130 NW HARRIMAN
BEND. OR 97701
Re: Dowell, Jeff and Patricia.
File No.: DR-02-2
Dear Laurie:
The Applicants would agree to extend the 1SO-day rule in this matter to January 15.
2004. Wo will need. additional time to prepare the Findings and Decision in final
form,
As always, I approciate yout cooperation in this matter.
Very truly yours,
R~~
RSUalk
(RSL:DOWf::Lt...060)
Cal h./ellr~
D/LJII~/f:1~
LIZ FANCHER ATTORNEY01/13/04 16:25 FAX 1 541 385 3076 P. 01FAX NO. 5413830495JAN-13-2004'TUE 03:44 PM COUNTY COUNSEL
JAN 1 3 2004
OESCHUTE'S \T
Ni'1\ R. Bry.ml
lWlx..,.t S. I ,oyliCll
••ynn 1\ JI\I'\'I$
John A. BCtj¢
Sh.,ron R. Srnl~h .
John LJ. Sorlie
Mvk (l RC'i1W'dce
Mcii1\$a Po L'nd~
Kiln C. F"rtl
L./In(' D. Lynn1\, Lt.M
BEND
59] S.W. Mill Vi<'\W Wu;y
Mail: 1'.0. Box 1151
Band, OiOgon 97109
f'h(1tlC; (!*l) 182-4J.'Jl
Pax: (511) 389-.!:J!16
MADliI.AS
24 S.W. fifth Sll«'t
MJIl! P.{). 'II"x 6!iO
Madrill, OzegDll 9774l
Yhone: (541) 47&-2757
Fill<: (5-1 I) 47SJ2!.l62
LEGAL COUNSEL
HANQ DgPYijR~D
LAURIE CRAGHEAD
DESCHllTES CO'UN'l'Y LEGA.L COUNSEL
1130 'NW HARRIMAN
BEND, OR 97701
fte: Dowell, Joffand Patricia
Pile No.: DRw02·2
Dc:ar Lauric:
The Aplllicants would agree to atcnd the iSO-day rule in ihis matter to February 15,
2004. We wiH need additional tima to prepare the Findings and Decislon in final
foon.
As always, 1 apprecj~ your cooperation in this lnatter.
VeTY tJ:Ul YymU'S,
~u
ROBERT S. LOVLlBN
RSUalk
(RsL:OQW2Ll•.061 )
U~/IM/U4 13:15 FAX 1 541 385 3076 LIZ FANCHER ATTORNEY ~OOI
FEB-18-2004 WED 09:28 AM COUNTY COUNSEL FAX NO. 5413830496 P. 01
DESCHUTES COUNTY LRC;'AL
COUNSEL
... •....n·
FACSIMILE TRANSMITTAL SHEET
... ., .,...... t .... •
TO: liz FANCHER FROM: 1.AU1U.P. E. CRAGIII~Al)
COMPANY: DATE:
FllB1WARY 18, 2004
FAX NUMBER: TO'fAT. Nc), OF PACES lNCT.UDrNG covJ.m:
385-3Q76 2
RE: Dowell ~ ExtensionII.. . ,I'T' •• '41 ..... ""M'f' -
• t-
NOTES/COMMBNTS:
Per your e-mail request.
7671
Fax #
Tl ns f'A(.llLMllJ~'1'RAN..~J~~lON "Nt) AN'{!:)OC:UMHN1'S i\OCOl'-11'ANVlNC 1'1'ANU CONIIl[)F.N'I'lAI. TN P"R·I·WU1.AI~ 1'1'
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LIRIVIlJKlIi::l i\Ni'J OONl'TPHN'l1AJJ'lYl'llOVISIONS1"RQVlt')t'l) l~Y lAW. 'nm INFOR-i'dATION ISIN'n;;N)ltDONJ.Y FOl~
LJHIt()l"1'l Lit tNI.lIVlOll"t. OlllWJT1YNAMliU. I1IYOU AlU'tNOl'1'(1I~ INl'KNIJIUJ lWX.:1.~U>tl;·N'l', YOU ARHI'lRRr:'JW
NfrITl<lt·:n·11 J.i\l'YOU MAY NO'f(!.17,I,J). P!!IC;'l.().'i.I<:, COl"', 1.>l51'JUlIlTl'E. USH C'lR TJ\KJ-: AC;UON l!i\.SI'.Il Ul'ON'1 liS
'1'l\A~I~ION 01'1. ANY 1\t~(';OMMNYING 00C1.J'M11N1~ W YlXlUAVU 1U!C.l.irvr:'.D TIlTS 'l1!./\NIiMI~I(JN IN l !.Wtoll,
I'J J':ru.H lMMI':DrATWYNO'nt<Yl1115 JAW Jo1IW Iwenl .1J"lCl..t'f.'J.l'.PllONH CAlJ, Ol~ 0'1'1 n(llW1::;r. To ,,\l.R.J\NC:ll.l'OR J\
111.H'\.IHN OF '1'1 11$ '11t,'\NI'iMrSo.'IION /\Nil !\NY r.a:OMllANYlNCl OOaJMIIN·!':I. '11 (ANK ynll.
llJU NW HARRIMAN, DUNL'l. lllWHON 977Ul
T[l!.nl'nON'~ $11-.H11I.(,<123 /I"AX 541,~jlJ.04911
02/18/04 13:16 FAX 1 541 385 3076 LIZ FANCHER ATTORNEY 19J002
FEB-1B-2004 WED 09:28 AM COUNTY COUNSEL FAX NO. 5413830496 P. 02
it-I'I3
FEB - 6 2004
LEGAL COUNSEL
February 6, 2004
Nt'il R, Ul'YI'nt
OESCl-tUlES COUNTYRubert S. Lo'\'Uci\ HAND DELTVRRHD'·YM P. Jnrvili
10hn A. Bt'rte
Sh~run R.. Smith LAURIE CRAGHEAD
John D. Sorlie DESCHUTES COUNTY LEGAL COUNSEL
Mark C. ReiJl~\:Q 1130 NW H ARRlMAN
MclhillRP. Undc BEND, OR 97701
La'lU! D. Lyons, LL.M. Re: Dowen. Jeff al1d Patricia.
"nul J. TIIY wr File No.: DR.-02-2 ChrislOp~r A. U.'l-il~
Deat Laurie:
llEND
S91S.W. Mill Vh:wWIlY The Applioants would agroc to extend the ISO-day rule in this matter to March 31,
Mail: [..O.So)( 1151 2004. We will need additional limo to prepare the Findings and Decision in final
!l;olld,OmlJOlllir'l'709 form.
PhOtic: (541) 382-4331
ft~)(! (541) 389-3~6 As always, I appreciate your cooperation in this matter.
Very truly yours,
~~
ROBERT S. LOVLIEN
RSUalk
(RSL:DOWnI..t..061)
____________________._'~_. L ~~_i u_o_a ~_u_'ij_·_____ __ __ LIZ FANCHER ATTORNEY
141 001
MAR-25-2004 THU 10:02 Aft COUNTY COUNSEL FAX NO, 5413830498 p, 01
DES CI-IUTES COUNTY LEGAL
COUNSEL
FACSIMILE TRANSMITTAL SHEET
LIZ FANCr JER J.aucie C.t3gbcad -388-6593
Cntol O'Dell. r,ognl Assist~at
CA'r!:!:
Mtl.l.'ch 25, 2004
'1'01'./\1, NO. OFPAC'U!.S lNCLl.l))lNC COVr.!l,
2
I'flC1Nt.! NU"'IIT!lt: SI;NOl.lIt'S 1llWtiRh:Ncn NUMBeR,
541-385-3067 4·193
IU,: YOUR RTW1UlUr-lCB NUMlJB{{l
KUHN/DOWELL
o Ul\.GIIJ'l'r X FOR altvmw
~'I '" NO'j'I-,S!(;OMMI4I'·rrs,
Co.rrcspondenc.e from Bob I.ovlicn dar.cd 3/24J04,
Post-It-Fax Note 7$71 Date
Th.o irtff.111nntkm contllinc..'Il in rl,ls n'l1.l'.l.SIciuion i, pri.'IiklpIIDU confKlmticl. It Is lntcotkd only {()T (hI! u.~c. of the
tnt.lividm.u O~ c:n.liti' n:'II'I'Ioc1,.hove. If the tflll.dar of thl.tl message: h not the i'1tcndQd rt'clpicm, you IIfC b.:ltcby notiR"d
thut II.I)y llillKC1\lh~\lltiQfl. Jls,1:l:i1n1llon 01: copy of thia oon'~tiOll /$ ptolub,itcd. If you h:wl! rc::cdvcd d,~
et),~ununk'l\noll at !!rror, p1ea'6 notify us ull1llcdl"tc11 by wll~t lel¢p110nc: ..!lit IlJ.ld J:ro1rt1 we oDgu,nl meta"se to n.~ -at
The all(>lfe "ddrc!\M \l1a the 'US Post-.u SeMee. We will relmb1.l!5t. yf.l\1 !'oJ: p'mag.....
1 t 30 NW lIARRIM ;\N, nnN!,), DR-nOLlN 97701
'(·EL~PJl()Wr. 54~-!IIII!·66Z' I r',O/: 54j.:IlI,hQ+1'1i
V~/~U/U~ ~~:au ~AA 1 ~41 385 3076 LIZ FANCHER ArTORNEY f4I 002
P. 02~AR-25-2004 THU 10:02 AM COUNTY COUNSEL FAX NO. 5413830496
N ..-U n.. Ury..nt
MOOi'r' S. T(lvUcn
Lynn P. }LIrVU.
John A. nergl3'
Sh.1r(m R. Smith
John D. Sarli!!
Mark C. Rdnor~
M~jS$n P. LaMe
Kltrl C. PClrd
Lnntl p. 1,yoJ\:\, 1.L.M.
Pall.l1 J. TlIyJor
Chri.l;toph~ A. Ilnr,l>y
I:lEND
591 S.W. Mill View Wily
M01il: P.Q llox 1151
Send. Otcgo.t\ '''''')
Phono! (Sm alJl-~"Ill
FAX: (541) 389--3.'l8('
V/WW,Hl.JlAWYERS.COM
D~,5C"UT[s COUtUV
WlALCOUNSaMatch 24. 2004
HAND PELIVER13D
LAURIE CRAGHEAD
DESCHUTBS COUNTY LEGAL COUNSEL
1130 NW HARRIMAN
BEND. OR 91701
Re: Dowen, Jeff and Patricia
File No.: DR~02-2
Dear Laurie:
The AppHcllnt.s would agree to extend the ISO-day rule in this matter to May 15,
2004, With my mother', Hlness and untimely passing. it has taken a good two weeks
or more out ormy schedule that I did not antioipate. I have not been ablo to get to
the finished product in 'this matter.
As always, I appreciate your cooperation in this matter.
Very truly yours.
~U
ROBERT S. LOVLIBN
RSUalk
(R.8L:DOwaLI ..063)
--
___-~-~:'_'__~~E_~..~lJS LIZ FANCHER ATroRNEY
/gJaOIMAY-I0-2004 MON 08:12 AM COUNTY COUNSEL FAX NO, 5413830496 P, 01
DES Cllurr'ES C OUN1~Y LEGAL
COUNSEL
,. -I' -===
.:.: • .,": .. ,.J, .....
-:,:,;,:-:,",,:,:. FACSIMILE TRANSMITTAL SHEE't
)« b .'i:i:i:i:)it;:;~~ TO:""L!Z F.....-......."'· FRCM~ LAURie E. CRAGHEAO
.....~• I ~__~~~~v~n~~~__________________________~~~--=~~~~~~~~~--:::::::>.::;..:::: "fAX NUMBeR: 365-3076 TOTAL NO. OF pAGES INCLUDING COVER: 2
~ '.4. ______.:..:...:...::.~=_________'____,... .... fi '" " __________________
CC; PAUL eUKSTAD DATE:
3B5-1764 MAY 10. 2004
R!;.! Dewell. Extension
! r .
For your information.
7671 Date S-
Co,
1'1 us .'A(':;IM!1.Jn'IUtNSlIlI.!lSlON AND ANY DOCllMHN'l'S 1\("".r.OMPANYLNG rr AAn CONFllJJ?Nt'li\J. IN T'AIt'l'IClll All, IT
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i'\JCJI..~',lMMJ..I,L)IA"I'HL\' NO'I'U'Y '1" nl! t.t.WflltM Ij't COlJJ£Cl"1nIJWI tONHC/\l.! I OlU,I'1lINIt"W!S!l TO ARRANCTl (IOJ( ,\
Rr-:n.IRN nll'n nI$1'Rt..N'SJyfIF:.....'ION ANO .r\N'I i\C'.COMr'AN\'INO 1)()CUMIXN'l'S. '1'1 lANK VOlt
lBO NI1I I1l\llUMj\N, '''.Nrl, OluWON 97701
'\'nI.Ul'jf ON E :i ii·!8/:! .. U:U I !l AX 54 1-115-0 4?6
_ .. _.~____-. -Y'~~ .,..... ~ ..... .1. o)()i) .lU/li _~ __ LIZ FANCHER ATrORNEY
III 002MAY-10-2004 MON 08:12 AM COUNTY COUNSEL FAX MO. 5413830496 PI 02
: l)RYANT, I
~ Lt)\!\ !~N ,':, 1
J , " I'" J -; '-' ~
{\ 'v i~~" I
7\ I !! It, ~ '. \ " I: I
j \ i ~ I I '1! • I) , ' ) I '.
May 7, 2004
Neil j(. nryiU\l
RoJ:IIl'"t S. to"lll"n
Lynn r-JlU'Vis
,(11m A. l'l~'T!['! ,
ShoI roo R. Smith LAURlB CRAGHEAD
IONl D. Sodic DESCHUTES COUNTY J...BGAL COUNSEL
MaTk C. Rc'in~kc 1130 NW HARRIMAN
Ml.'li.QQ1\ P. LAndI! BEND. OR 97701
l:<.iLrl C. Ford
!.:In.! p-Lyuu..., Lt..M Re; Dowell. Jeff and Patricia
IJm..tJ. Taylor File No,: DR~02 ..2 Chriswpru:r 1\, n.'\g'hlY
Dear Laurie:
DnND
5915,W, MlU View Way Tnc Applicants would a~to extend the 1SO-day rule in this matter to June 30,
M.li!: 1>.0, b tt51 2004.
nand, Orogon 97'70')
i'htmo: (5'1) aH2-4331 I am still reluctant to rclellSc rhe decision until we bave some leel for where tho COllrt
Pax: (;>41) 189-:\~M6 of Appeals is going on the matter. Howo~cr, I guess we may just not be able to wait
any longer. I wiU try to got that opinion up to you in the l1ext couple ofwooks. r was
hoping we would havo some .resolution prior to this time.
WWW.f.lWLAW.l1.FlA.COM
As always, I appreeiate ~ur cooperation in this matter.
RSTJa1k
(RSL:J)QWBLl ..064)
Page 1 of 1
William John Kuhn
From: "Liz Fancher" <Iiz@lizfancher.com>
To: "Laurie Craghead" <Laurie_Craghead@co.deschutes.or.us>
Cc: "William John Kuhn" <William@RiskFactor.com>; "BOB LOVLlEN"
<Iovlien@bryantlovlienjarvis.com>
Sent: Wednesday, June 30, 2004 5:12 PM
Attach: Liz Fancher.vcf
Subject: Further Delay re Issuing Dowell Decision; DR..Q2-2
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 DoweII 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
• ~_~~':'UI <lVI V't ~ I: 44 .t<AA 1. llU 3~5 3076 LIZ FANCHER ATIORNEY @OOI
JUH~30-2004 WED 04:45 PM COUNTY COUNSEL FAX NO, 541 B17 4748 p, 01
DESCHUTES COUN1~Y LEGAL
COUNSEL
.,...,,. a
"....... ".'..... ".
diS
<J • • • .. • ~ •
• t .. 'I' • • • • I FACSIMILE TRANSMITTAL SHE·ET ~ '" " " " ... .• • • • # .. '" II .. .. ,".",. -. '. -""'!=---=====--=-'--=-=~...,.,......'II.~=_""""'-'...~---.,.,...-'""""----=-.... ...• . . • "':TO: lJzFANCtIER FROM; LAURIE E. CRAGHCAD
t " • • • .~__;=~'~~~__________________~~~~~~~==~~~~~~~~~
;-:';·;'.';·;';';FAX.... •• ., NUMaER; 385 '!l"'76 ~____________________________________2 _I __________-=~~~~, ________ TOiAL NO. OF PA.GES lNCLUOING COVER:
:':",:·:-:-:,:,:CC; PAUl. SLiKSTAD DATE;
365-1764 JUNE 30. 2004
RE: Dowell J e:xt&nsion
np.'...
Cl URG1~N'I' Ii1 ~IOIt kJiVmW CJ l'J.HASn COMMnNT CJ PI.HASX R1WJ.Y Cl PLEASE RI':CYC:l.I~
: tr
NOTES/COMMENTS:
For your infonnation.
'n us FACSIMtT.n 'IltANSM'tSOK)N ./\Nil ANY lJOCUMHNTS ACCOMPJ\NYfNG rrARr,;; CXlNIIf[)fWl141. IN "ARTlCU1.M, rt'
MAY 6J( l'lU'J'rt.iCmll B'l/"11 mA1TOl1.Nlty·Cl.\'II.N'1' PRIVUWl.i, 'fUlt WQRK PtlOOOer rruvrr J<.Gt\ ANn anmit
M\MT,r;(ir~ANn C;;UNI,I10HN'lW..l'IYPP.OVlSIONS 1~\'1PtU)1W 1..11.'11. 'lllH lNlIORMA'I'lON IS 1N'1'HNDI!.I) ONl.v ron
lJSll OllnT» INPMDtJt\r.()~.I?N'l'1'1"t NAhWI.), 111 YOU AJUlNOT111rt TN'mN01{OlUrt:K11'1U.N'r. YOU J\lU;;l-ll~umV
l-IOTIJI'lI.al·}'j. !A'1"Y'OU MAYNer 1t1".AP, PISc:tllNlo(. (X)J'Y.1llS'11USIJ1U. USE Oil TAKE ACllON l\'\1mO UPON111fS
·rn.ANI~flf'''"()N OR ANY AU:OMl'~NG DOC~'tt 7P YCl/J'HAVU ruu:I.aVJ:&L)"l~US·!1lANSMlS.~ON IN 17JmOR,
l'lJ!.ASI! IMMnD'lAm :VNO'~'lIV'l'us lAW FlaM BY COlJ..l:ZCT'l'W.D:PItONR CAI.T, OR 0'11 n<.1lWL'Ilt '1'0 All/.VIl-IGl! L"Cnt A
RTl.111RN ()I!'l'II\S 'l'lY\NSNU ..qg()N ANO I\!'IY Aa:.oMPJ\.NnN() I.XXlJMLlNf5. ·t'tIANK YOU.
1$40 N'W w.... f.r. STluUt'l" SUIT'.&: 2011" [JUNU. OIWGON 9711)1
'l'IH,t'.!' lION Ti 51 t .UR.IS6B I [l A X !i 41-61 7.4746
06/30/04 17:44 FAX 1 541 385 3016 LIZ FANCHER ATTORNEY
JUI't-JU-cUU4 WtlJ U4: lIb PM COUNTY COUNSEL FAX NO. 541 617 4748 P. 02
N"U R. Bryanl
Ro~t S. LuvU,'n
L)'I\Il. F. Jilt"l~
John A. DUTS!!
ShMO(\ R. SnUlh
John D. SorUe
M~rk G. R"'inockt'
Mcllss.l P. Lande
l<irrl C. fo()t(f
Line 1.). Lycm.4J, UM.
P~ul J. T.lyIQl·
Chrl&lopNn A. l\.'\gt...'Y
BEND
591 5.W. Mill Vf(,w Way
M.lll~ P.O. Box II !OJ
n~ndJ Orl!!51m 9'7709
ptlOlW: (S-H) ~82"'3.11
I1~x; (54U 38\l·3l86
June 30,2004
HAND DELIVERED
LAURIE CRAGHEAD
DESCHUTBSCOUNTYLEGALCOUNSBL
1130 NW HARRIMAN
BtlND, OR 97701
Re; Dowell, Jeff and Patricia
FileNo.: PR-02-2
Dear Laurie!
The Applicants'would agree to extend the 15()-.da.y rule in tbis matter to July 31.
2004.
J am stU] reluctant to rolcaso the decision until we have &orne feel for where the Court
of Appeals is going on the matter. However, I guess we may just not be able to wait
much longer. I wilt try to get that opinion up to you. in t11'" next couple of weeks. 1
was hoping we would have some resolution prior to tins time.
As always, I appreeiate your cooperation in this matter.
Very truly yours.
~~
ROBERT S. LOVLIEN
RSUalk
(RSI.:DOweLL.06S)
JUN 30 2004
Deschutes County Board of Commissioners
1130 NW Haniman 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 Counselfor
approval ifnecessary. Please do not give your documents directly to Legal Counsel.
All boxes must be completed.
DepartmentlDivision: Contact Phone #:
1 CDDIPLANNING 16554
Date Submitted: Person to Attend Meetin Date of Meetin
AUGUST 11,2004 I AUGUST 5, 2004 PAUL BLIKSTAD
Descri tion of Item
BOARD CONSIDERATION AND PossmLE SIGNATIJRE 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. (DowelllKuhn)
Budget Implications:
Policy Implications:
,DiStribution of Documents after Approval: I
1.....-.____________________________ Rev. 7-03