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Michelle Farfan
From: AI Scalf
Sent: Friday, January 13, 2006 2:35 PM
To: 'Powers & Therrien'
Cc: Michelle Farfan
Subject: RE: Participation in Meeting; Response
Les
Remember how Irv conducts the open record hearing? He turns to staff for the staff report, then to the proponent, then
public comment, asks questions of staff and the applicant...then once he is done he will either keep the record open for
specific items that he requests or he will adjourn and state: "I now have a complete record and the record is now closed."
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, January 13, 2006 2:23 PM
To: AI Scalf
Cc: Powers & Therrien
Subject: Re: Participation in Meeting; Response
AI:
I thought someone said the record closed on January 16th? Is that not the case? Please let me know.
Les
----- Original Message -----
From: AI Scalf
To: Powers & Therrien
Cc: Michelle Farfan
Sent: Friday, January 13, 2006 11 :59 AM
Subject: RE: Participation in Meeting; Response
Les
Bring them to the hearing. Submit them when the Examiner opens the public comment period. The Examiner
will decide when the record closes, I can't say for sure.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, January 13, 2006 11:57 AM
To: AI Scalf
Cc: Powers & Therrien
Subject: Re: Participation in Meeting; Response
AI:
What do we do with records that persons want to introduce? Do they bring them Tuesday and introduce
them over testimony? What is your understanding of the date the record actually closes? Again, were it
not for the experience with Mr. Rozzell, I would probably not ask these questions.
Les
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----- Original Message -----
From: AI Scalf
To: Powers & Therrien
Cc: Elizabeth Van Zonneveld ; Bruce Schmitz; Laurence Nobles; Jeanne & Peter Joseph;
Kaysins@wellsfarqo.com ; LewisHale@aol.com ; Gregg & Pat Jordshaugen ; Terry Smith; Gary & Kathy
Hashbarger
Sent: Friday, January 13, 2006 10:51 AM
Subject: RE: Participation in Meeting; Response
Les
Send in all by pdf or email general comments. They will be printed and given to Irv. All of these will go
into the record untillrv say the record is closed.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, January 13, 2006 10:47 AM
To: AI Scalf
Cc: Powers & Therrien; Elizabeth Van Zonneveld; Bruce Schmitz; Laurence Nobles; Jeanne &
Peter Joseph; Kaysins@wellsfargo.com; LewisHale@aol.com; Gregg & Pat Jordshaugen; Terry
Smith; Gary & Kathy Hashbarger
Subject: Re: Participation in Meeting; Response
AI:
Thanks for the response. Could you tell me how we are to file responses to the Staff Report
Monday if DCD is not open? Can they be filed by PDF? What about documents that some of the
persons commenting may wish to file? Considering Monday is a holiday, will these be accepted
Tuesday? Could you let me know on this. The delivery date of the Staff Report does not permit a
response containing documents by today. Please ask Mr. Berteig if the log will be left open for
additional documents and comment to respond to the holiday. Please let me know.
Thanks,
Les
----- Original Message -----
From: AI Scalf
To: Powers & Therrien
Cc: Gregg & Pat Jordshaugen ; LewisHale@aol.com
Sent: Friday, January 13, 200610:10 AM
Subject: RE: Participation in Meeting; Response
Les
Everyone that has commented could appeal at a later date. That includes Lewis, I know that he
has commented and Gregg. Assuming Rick has commented, he would be in the same
category. Standing is usually interpreted broadly.
1/15/2006
DCD is open today-Friday. We are not open Sat, Sunday or next Monday...Dr. Martin Luther
King Holiday. We will be open next Tuesday. I am preparing for the hearing today and then
going to the meeting room at 8 on Tuesday with all of DCD files, codes and maps, to meet with
Mike Bergstrom and preparing the room for the hearing. Once the hearing starts, one of the
first things is to get the record in order. So, I'll be giving Irv some more documents at that time
and as the hearing progresses more documents. Then we'll talk with him in the open hearing
as to how to manage the record and follow up on citizen concerns including your
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equests. Send me your emails and I will get those into the record and before the Examiner. I
uess PLA will have more documents, and more documents will come from the public comment
ortion.
CD is open for business, the move went very well. We need to follow up on your public
ecords request from last week. The GMA or long range planning files are available to you.
here are 5, 4 drawer file cabinets, there is a log sheet for the cabinets that you can look at. I
an get you copies of the draft comp plans from the mid 1990's. Our Library is available to you
ith documents like the monitoring reports. Those monitoring reports are sent to the County
epartment including Public Works and Environmental Health. The State agencies examine the
ecords for the sewer and water as well, those being DOH and DOE, I don't have the state
ecords. I generally place more emphasis on the MERU count as that was what everyone
greed to during the mediation and prior to the Dev agreement. You have all of the resort
ecords from your previous requests. I don't have the complete record on the development
greement, as the department did not participate in the mediation convened through the BOCC
hen they hired Ty Tice and then Faith Lumsden to work with that group and then completing
he MPR code in 1999. I don't have all of the planning forum information from the various efforts
ithin the community during the 1990's sponsored by PLA or at that time is was Pope
esources and or aRM. I do have Jefferson County community planning documents from the
arly 1990's as to the "Village by the Bay" concept.
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, January 13, 2006 9:09 AM
To: AI Scalf
Cc: Powers & Therrien; Gregg & Pat Jordshaugen; LewisHale@aol.com
Subject: Re: Participation in Meeting; Response
AI:
I hate to hound you. I did need to know about participation rights. The problem is that
Mr. De Sa e Silva raised the issue with Mr. Galt respecting Mr. Rozzell's participation in
Olympic Terrace II. While Mr. Galt found in Mr. Rozzell's favor, I want to be sure that the
issue is not raised again. Am I correct to assume that Messrs. Hale and Jordshaugen are
also participants by virtue of prior submissions? Mr. Hale plans to leave town Saturday
and Mr. Jordshaugen will be out of town until the end of next week. I appreciate your
assistance. You may convey my thanks to Mr. Berteig also.
Could you let me know if DCD will be open tomorrow for purposes of accepting document
delivery. Also, am I correct that I can file comments by pdf as I have in the past? Finally,
if I identify more records, would it be possible just to send instructions to DCD to attach
them to the log when it has time to locate and copy them?
I hope your move was not too chaotic.
Les
---- Original Message -----
rom: AI Scalf
0: Powers & Therrien
ent: Friday, January 13, 2006 8:33 AM
ubject: RE: Participation in Meeting; Response
es
es you already have standing for appeal rights. By virtue of your written comments to
he record.
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end DCD your comments, staff will give them to Irv on Tuesday as we complete the
ecord and establish all or the log items. I expect to discuss numerous procedural
ssues with him in public at the outset and throughout the hearing.
I
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Thursday, January 12, 2006 10:25 PM
To: Irv Berteig
Cc: Powers & Therrien; AI Scalf
Subject: Re: Participation in Meeting; Response
Dear Mr. Berteig:
If you look at the email it is addressed both to DCD and you. I have asked
repeatedly if my written submissions entitle me to be deemed an interested party
for appeal rights. I would appreciate a response from you or Mr. Scalf. I realize
that DCD is moving offices. I have raised this as a potential due process issue. I
do not believe the public is served by a lack of response to my request. I again
ask that a response be provided. Considering the effect of the proposed Major
Revision upon me and others and the likelihood of an appeal by one or more
parties, I do not think it an imposition to respond to me. Reference is made to
the response you provided to Ms. Farfan's request for substantive advice on
Trend West in July, 2004, a matter that you later heard in August, 2005. If you
can advise Ms. Farfan, I think it is appropriate that the courtesy be extended to
the public, including me, on such an important matter.
Your assistance in this matter is appreciated.
Sincerely,
Leslie A. Powers
---- Original Message -----
rom: Irv Serteig
0: Powers & Therrien
c: AI Scalf
ent: Thursday, January 12, 2006 10:02 PM
ubject: Re: Participation in Meeting; Response
lease communicate with me via the Department.
have a very aggressive spam filter, and only Department
mails get through.
he Department will usually forward appropriate messages.
nappropriate messages (ex parte communications) are held.
rv Berteig
efferson County Hearing Examiner
~--- Original Message -----
rom: Powers & Therrien
0: AI Scalf; irv berteig
1/1512006
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