HomeMy WebLinkAboutOrder 033 - Reopen Written Record - Alfalfa Cell Tower AppealDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 24, 2013
DATE: July 16,2013
FROM: Laurie Craghead Legal X6623
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2013-033, Reopening the Written Record in File No.
CU-12-15/A-13-1.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On July 15, 2013, the Community Development Department received a letter from Bruce White, legal
Counsel for Larry and Debby White and Lind Armenta, opponents to the American Taower/AT&T
application for a cell tower in Alfalfa. That letter alleged that the applicants submitted new evidence in
their July 5,2013 submittals and, therefore, his clients had the due process right to rebut that evidence
and the letter was that rebuttal.
It appears from the record that the evidence submitted by the applicants was new evidence. In any
event, to assure that the due process rights of the Whites and Ms. Armenta are protected, the Board
orally approved reopening the record to include Bruce White's submittal and to allow additional time to
July 23, 2013 for the applicants to submit rebuttal arguments only. This order ratifies that oral motion.
FISCAL IMPLICATIONS:
There will be costs in providing notice to all the parties who participated.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve Order 2013-033 as part of the consent agenda.
ATTENDANCE: Laurie Craghead & Paul Blikstad
DISTRIBUTION OF DOCUMENTS:
Copy to Paul Blikstad.
REVIEWED
~
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Reopening the Written Record in File *
No. CU·12·15/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 15,
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, HEREBY
ORDERS as follows:
1//
PAGE 1 OF 2· ORDER No. 2013-033
PAGE 2 OF 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
_____________________________________________
ALAN UNGER, Chair
_________________________________________
TAMMY BANEY, Vice Chair
ATTEST:
______________________________
Recording Secretary
_________________________________________
ANTHONY DEBONE, Commissioner