Loading...
Grant - Emails OnlyKaren Bennett From: Grant Beck Sent: Monday, March 01, 2010 4:32 PM To: News #2 Subject: RE: Smith lawsuit Attachments: 2010 02 19 Protective Order.pdf; 2009 12 09 Claim for Damages.pdf; 2009 12 17 Summons and Complaint.pdf; 2010 01 07 Beck Answer.pdf; 2010 01 07 Beck Motion for Protective Order.pdf; 2010 01 07 Morris Declaration in support of Motion for Protective Order.pdf; 2010 01 13 Cushman Declaration.pdf; 2010 01 13 Response to Motion for Protective Order.pdf; 2010 02 05 Smith Motion Amend Complaint.pdf; 2010 02 19 Amended Complaint.pdf; Beck's Reply to pltf's response mt. for protective order.pdf 2010 02 19 2009 12 09 Claim 2009 12 17 2010 O1 07 Beck 2010 O1 07 Beck 2010 O1 07 Morris 2010 O1 13 protective Order.pd.. for Damages.p... mmons and Compla Answer.pdf (2 ... Motion for Pro... Declaration ... .~shman Declaration. ~. ~e:. 0. 0 ~w;;~ ~.. ,~. 2010 O1 13 2010 02 05 Smith 2010 02 19 Beck's Reply to .esponse to Motion . Motion Amend ... nended Complaint.p pltf's respons... Megan - I made you hard copies last week (Ron thought you were going to stop by)... they are still here if you want them but I have also attached all the briefs, orders, and the complaint and amended complaint for you. I didn't include all the notices of appearances and all that, but they are here if you want them. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: News #2 [mailto:news2@yelmonline.com] Sent: Monday, March 01, 2010 11:43 AM To: Grant Beck Subject: Smith lawsuit Hey Grant, Can I get a copy of the lawsuit as well as any motions made by the city in response to the claim for damages/lawsuit? I talked to Ron last week and he said he was going to give you a heads up that I was going to ask for these. Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline.com 1 Karen Bennett From: News #2 [news2@yelmonline.com] Sent: Monday, March 01, 2010 11:43 AM To: Grant Beck Subject: Smith lawsuit Hey Grant, Can I get a copy of the lawsuit as well as any motions made by the city in response to the claim for damages/lawsuit? I talked to Ron last week and he said he was going to give you a heads up that I was going to ask for these. Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline.com 2 Karen Bennett From: Grant Beck Sent: Monday, January 25, 2010 10:40 AM To: Shelly Badger Cc: Janine Schnepf Subject: FW: Claim FYI Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: Grant Beck Sent: Monday, January 25, 2010 10:40 AM To: 'News #2' Subject: RE: Claim Megan - To my knowledge, there has been no response carrier. The claim was referred to our insurance Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: News #2 [mailto:news2@yelmonline.com] Sent: Monday, January 25, 2010 10:21 AM To: Grant Beck Subject: Claim Hey Grant, Has the city responded to the Smith's claim for damages? Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline.com 3 Karen Bennett From: Grant Beck Sent: Monday, January 25, 2010 10:40 AM To: 'News #2' Subject: RE: Claim Megan - To my knowledge, there has been no response. The claim was referred to our insurance carrier. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: News #2 [mailto:news2@yelmonline.com] Sent: Monday, January 25, 2010 10:21 AM To: Grant Beck Subject: Claim Hey Grant, Has the city responded to the Smith's claim for damages? Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline.com 4 Karen Bennett From: News #2 [news2@yelmonline.com] Sent: Monday, January 25, 2010 10:21 AM To: Grant Beck Subject: Claim Hey Grant, Has the city responded to the Smith's claim for damages? Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline.com Karen Bennett From: Lori Mossman Sent: Friday, November 13, 2009 11:57 AM To: Grant Beck Subject: RE: Public Documents Request Thanks Grant. Lori Mossman Deputy City Clerk/Public Records Officer City of Yelm 105 Yelm Ave. W Yelm, WA 98597 360-458-8437 lorim@ci.yelm.wa.us www.ci.yelm.wa.us -----Original Message----- From: Grant Beck Sent: Friday, November 13, 2009 10:54 AM To: Lori Mossman Subject: FW: Public Documents Request Lori - In response to Mr. Kleins records request, attached are all the staff reports and attachments regarding Palisades West subdivision alteration. Please note that the November 10 update was never posted to the City's web site, as it was finalized after the close of business on the 10th and handed out to Council at t he meeting. The other staff reports were posted as part of the agenda's for the October 13th and 27th Council meetings. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: Steve Klein [mailto:srklein@fairpoint.net] Sent: Wednesday, November 11, 2009 3:08 PM To: Grant Beck; Janine Schnepf Subject: Public Documents Request ** see attached Public Docs request. ** Steve Klein 6 Karen Bennett From: Grant Beck Sent: Friday, November 13, 2009 10:54 AM To: Lori Mossman Subject: FW: Public Documents Request Attachments: CCF11112OO9_OOOO2.jpg; Staff Report to Council 111O.pdf; Staff report to Council with attachments.pdf; Staff Report to Council 1027 with attachments.pdf ~_ ~,e. ~ ter. ~_ .;~,b, CCF11112009_000 Staff Report to Staff report to Staff Report to 02.jpg (495 KB)... Council 1110.p... Council with a... Council 1027 w... Lori - In response to Mr. Kleins records request, attached are all the staff reports and attachments regarding Palisades West subdivision alteration. Please note that the November 10 update was never posted to the City's web site, as it was finalized after the close of business on the 10th and handed out to Council at the meeting. The other staff reports were posted as part of the agenda's for the October 13th and 27th Council meetings. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: Steve Klein [mailto:srklein@fairpoint.net] Sent: Wednesday, November 11, 2009 3:08 PM To: Grant Beck; Janine Schnepf Subject: Public Documents Request ** see attached Public Docs request. ** Steve Klein 7 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:55 PM To: Grant Beck Subject: RE: Ordinance Yes....he is going to send it to us. He drew a really cool little picture of the issue which actually explains it all very well and he is also going to call DOE to see if they have any 'issues' and then I guess work with Tim and Parametrix. Interestingly....this gas is not only stinky but poisinous (can't spell that) and will corrode the pipes pretty bad...even make them fail. The PSV holds water (effluent) in the pipe so it doesn't stink, let off gaseous fumes, and also corrode the pipes. -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 4:50 PM To: Stephanie Ray Subject: RE: Ordinance What is Jim doing with Palisades? Do I want to know? Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Grant Beck Subject: RE: Ordinance No don't do anything with that. I have the final and will forward... I see you were copied on the legal so hopefully that works...stand by. Yes, Jim was working on Palisades West we should be getting something from him shortly. s -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 3:12 PM To: Stephanie Ray Subject: Ordinance Steph - I didn't get a chance to ask you (because you were playing PW Director) if the draft condemnation Ordinance you emailed yesterday (Wednesday) morning at 9:11 AM is the one that I should format for Council or whether there are substantive edits still happening. e. button Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 8 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Grant Beck Subject: RE: Ordinance No don't do anything with that. I have the final and will forward... I see you were copied on the legal so hopefully that works...stand by. Yes, Jim was working on Palisades West we should be getting something from him shortly. s -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 3:12 PM To: Stephanie Ray Subject: Ordinance Steph - I didn't get a chance to ask you (because you were playing PW Director) if the draft condemnation Ordinance you emailed yesterday (Wednesday) morning at 9:11 AM is the one that I should format for Council or whether there are substantive edits still happening. e. button Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 10 Karen Bennett From: Janine Schnepf Sent: Thursday, October 22, 2009 8:34 AM To: Stephanie Ray; Grant Beck Subject: RE: Staff Report and attachments FYI - Councilmember Isom is excused from Council meeting 10-27-09 and Study Session 10-28-09 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 22, 2009 6:01 AM To: Grant Beck; Janine Schnepf Subject: RE: Staff Report and attachments Thanks Grant & Janine... Steph -----Original Message----- From: Grant Beck Sent: Wed 10/21/2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 11 Karen Bennett From: Stephanie Ray Sent: Thursday, October 22, 2009 6:01 AM To: Grant Beck; Janine Schnepf Subject: RE: Staff Report and attachments Thanks Grant & Janine... Steph -----Original Message----- From: Grant Beck Sent: Wed 10/21/2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 12 Karen Bennett From: Stephanie Ray Sent: Thursday, October 22, 2009 6:01 AM To: Grant Beck Subject: RE: Smith Building Plans with Note Wow....well I hope all went well and we are ready for Tues. Talk on Friday...out today at a class. -----Original Message----- From: Grant Beck Sent: Wed 10/21/2009 4:38 PM To: Stephanie Ray Subject: FW: Smith Building Plans with Note FYI Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 4:23 PM To: Grant Beck Subject: FW: Smith Building Plans with Note From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 4:03 PM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - The relevant language of the tabling motion is: ""It is been moved and seconded to table this until the next regular Council meeting in two weeks, to allow the attorneys, the attorney for the applicant and the City Attorney, to get together and attempt to work out a waiver which will be satisfactory to all parties, and which would allow, at that time would allow the family to move into their home." It is my position that you and Mr. Beck are not complying with this motion, which was passed by the City Council. Rather, you are actively working at cross-purposes from it. 13 That will be one of my primary points at the Council meeting unless the approach changes from obstruction to facilitation. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward 14 Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 15 16 Karen Bennett From: Sent: To: Subject: I'm such an asshole. Grant Grant Beck Monday, October 19, 2009 11:04 AM Stephanie Ray FW: Andy & Cindy Smith - Yelm Occupancy Permit Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us -----Original Message----- From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, October 19, 2009 10:50 AM To: Ben Cushman Cc: Grant Beck; Shelly Badger Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Ben, Thank you for your concern. I'll be sure to let Grant and the City know your position. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. -----Original Message----- From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Monday, October 19, 2009 10:46 AM To: Doreen Milward 17 Cc: Brent Dille Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Brent Before your meeting, please listen to the tape, or at least the tabling motion language. The City Council clearly expressed a desire that this matter move forward if possible and instructed you and I to meet to discuss the matter. My concern is that Grant Beck has been an obstruction to progress, probably because of his history with the Developer. However, the Council want this approached with an attitude of facilitation, not obstruction, and the City certainly has the power to adopt such an approach. Ben Cushman -----Original Message----- From: Doreen Milward Sent: Monday, October 19, 2009 10:43 AM To: Ben Cushman Subject: FW: Andy & Cindy Smith - Yelm Occupancy Permit I didn't see that he'd copied you with the email. I don't know whether you want to talk to him before or after he talks with Grant. Doreen Milward -----Original Message----- From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, October 19, 2009 10:39 AM To: Doreen Milward Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Thank you Doreen! I have a meeting with Grant this afternoon to go over the agreement and will give you my comments accordingly. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the 18 Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. -----Original Message----- From: Doreen Milward lmailto:dmilward@cushmanlaw.com] Sent: Monday, October 19, 2009 10:27 AM To: Brent Dille Cc: Ben Cushman Subject: Andy & Cindy Smith - Yelm Occupancy Permit «Agreement as to Waiver 9-24-09.doc» At the Yelm City Council's meeting on October 13, 2009, there was a directive for the City's attorney and the Smiths' attorney to consult together regarding an agreement whereby the Smiths would sign a waiver releasing Yelm from liability due to fire, in exchange for an occupancy permit. I was hoping the City Clerk would have the minutes completed, but since they still are not, the link below is the video of the meeting. At about 51 minutes into the hearing, the following motion was made: Move to table this matter until October 27, to give time for the attorneys to get together to work out a waiver that would be satisfactory to all parties, which would allow the Smiths to move into their home. http://www.avcaptureall.com/tabid/85/mid/811/ctl/view/vguid/1f5d4030-951 f-438c-b245-68e7690064f3/Default.aspx Attached is another copy of the Waiver that we have proposed. The City Council did not discuss any specifics about it, but rather made the above motion so that you would, and it sounded like they wanted to see the proposed final version well before their October 27 meeting. Ben Cushman will be calling you about this. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw.com 19 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, October 19, 2009 10:50 AM To: Ben Cushman Cc: Grant Beck; Shelly Badger Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Ben, Thank you for your concern. I'll be sure to let Grant and the City know your position. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. -----Original Message----- From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Monday, October 19, 2009 10:46 AM To: Doreen Milward Cc: Brent Dille Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Brent -- Before your meeting, please listen to the tape, or at least the tabling motion language. The City Council clearly expressed a desire that this matter move forward if possible and instructed you and I to meet to discuss the matter. My concern is that Grant Beck has been an obstruction to progress, probably because of his history with the Developer. However, the Council want this approached with an attitude of facilitation, not obstruction, and the City certainly has the power 20 to adopt such an approach. Ben Cushman -----Original Message----- From: Doreen Milward Sent: Monday, October 19, 2009 10:43 AM To: Ben Cushman Subject: FW: Andy & Cindy Smith - Yelm Occupancy Permit I didn't see that he'd copied you with the email. I don't know whether you want to talk to him before or after he talks with Grant. Doreen Milward -----Original Message----- From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, October 19, 2009 10:39 AM To: Doreen Milward Subject: RE: Andy & Cindy Smith - Yelm Occupancy Permit Thank you Doreen! I have a meeting with Grant this afternoon to go over the agreement and will give you my comments accordingly. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. -----Original Message----- From: Doreen Milward [mailto:dmilward@cushmanlaw.com] Sent: Monday, October 19, 2009 10:27 AM To: Brent Dille Cc: Ben Cushman 21 Subject: Andy & Cindy Smith - Yelm Occupancy Permit «Agreement as to Waiver 9-24-09.doc» At the Yelm City Council's meeting on October 13, 2009, there was a directive for the City's attorney and the Smiths' attorney to consult together regarding an agreement whereby the Smiths would sign a waiver releasing Yelm from liability due to fire, in exchange for an occupancy permit. I was hoping the City Clerk would have the minutes completed, but since they still are not, the link below is the video of the meeting. At about 51 minutes into the hearing, the following motion was made: Move to table this matter until October 27, to give time for the attorneys to get together to work out a waiver that would be satisfactory to all parties, which would allow the Smiths to move into their home. http://www.avcaptureall.com/tabid/85/mid/811/ctl/view/vguid/1f5d4030-951 f-438c-b245-68e7690064f3/Default.aspx Attached is another copy of the Waiver that we have proposed. The City Council did not discuss any specifics about it, but rather made the above motion so that you would, and it sounded like they wanted to see the proposed final version well before their October 27 meeting. Ben Cushman will be calling you about this. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw.com 22 Karen Bennett From: Grant Beck Sent: Monday, October 19, 2009 8:43 AM To: Stephanie Ray Subject: Accepted: Palisades West 23 Karen Bennett From: Grant Beck Sent: Monday, October 19, 2009 7:52 AM To: Stephanie Ray Subject: RE: Draft Staff Report - Palisades West I've got a 10 AM meeting in Olympia with PSE and Tom, can we get together earlier at 8:30 or after I get back (I should be home by noon)? Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us -----Original Message----- From: Stephanie Ray Sent: Friday, October 16, 2009 4:44 PM To: Grant Beck; Tim Peterson; Kevin Ray; Brent Dille Subject: RE: Draft Staff Report - Palisades West Let's meet on Monday and try to resolve ASAP. I would propose 9 a.m.? Grant we can come to city hall conf. room and conf. Bren if available. s -----Original Message----- From: Grant Beck Sent: Fri 10/16/2009 4:05 PM To: Tim Peterson; Kevin Ray; Stephanie Ray; Brent Dille Subject: Draft Staff Report - Palisades West See attached draft, I still need the Parametrix report to Sewer regarding the need for the PSV, I can't find a copy in Jim's file, just the comments from sewer noting the need for one. I have no pride of ownership, so flail away. Can we all get together Monday or Tuesday to discuss? Brent, we would conference you in unless you feel like a trip to Yelm. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 24 Karen Bennett From: Stephanie Ray Sent: Friday, October 16, 2009 4:44 PM To: Grant Beck; Tim Peterson; Kevin Ray; Brent Dille Subject: RE: Draft Staff Report - Palisades West Let's meet on Monday and try to resolve ASAP. I would propose 9 a.m.? Grant we can come to city hall conf. room and conf. Bren if available. s -----Original Message----- From: Grant Beck Sent: Fri 10/16/2009 4:05 PM To: Tim Peterson; Kevin Ray; Stephanie Ray; Brent Dille Subject: Draft Staff Report - Palisades West See attached draft, I still need the Parametrix report to Sewer regarding the need for the PSV, I can't find a copy in Jim's file, just the comments from sewer noting the need for one. I have no pride of ownership, so flail away. Can we all get together Monday or Tuesday to discuss? Brent, we would conference you in unless you feel like a trip to Yelm. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 25 Karen Bennett From: Stephanie Ray Sent: Friday, October 16, 2009 6:10 AM To: Grant Beck; Tim Peterson Cc: Kevin Ray Subject: 10/27 staff report -Smiths Grant, Tim, Kevin, Per Shelly's request for the staff report....I can participate if needed but think my role is more in the review of the staff report and getting it to Janine. I would see Grant stay the lead with PW involvement in the remaining issues. If you guys need to contact Parametrix to help substantiate the additional information feel free to do that. I will be in meetings this a.m. and then working from home this afternoon. I am available at my home number 360-894-1054. I will also be on email. Grant, can you also stay in the lead updating Ron. Consistency is a good thing :). Hopefully this can all come together here in very short order... Happy Friday....Steph 26 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 12:19 PM To: Shelly Badger; Stephanie Ray; Tim Peterson Cc: Grant Beck Subject: Data Collection RE; Palisades West, Forrester Heights, Andrew Smith Request for Records -Email search Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010.. Please review the following schedule for completion by the deadline (03-11-10) Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Grant by the deadline. Hard copies will be scanned and delivered. Hopefully, the data is centrally located in your files to make the task less burdensome. Please let me know if you have any questions or concerns. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, March 09, 2010 11:56 AM To: Janine Schnepf Subject: RE: Grant Review Yes, I will compile and it looks great. Thank you! Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ? Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine - Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ?Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, March 08, 2010 9:35 AM To: Shelly Badger Subject: RE: This morning I'll be in to see you in 15 minutes! Thank you. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, March 08, 2010 9:34 AM To: Grant Beck Subject: RE: This morning Yes, 9:45 or 10:00? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, March 08, 2010 9:12 AM To: Shelly Badger Subject: This morning Can I get 10 minutes of your time this morning to talk about Interrogatorries in the Smith Lawsuit? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, March 08, 2010 9:31 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant, I will object to the interrogatory asking for contracts because the City has none with the plaintiffs or any of the defendants. Then, we should go on to answer that if for some reason, the plaintiffs meant permits instead of contracts .. . The rest of your plan sounds good to me. Don't worry about asking me questions, that's what I'm here for. Thanks. C Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Mon, 8 Mar 2010 09:04:28 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com I'll try not to be too much of a pain as I go through these and attempt to bundle up questions, but... On my Interrogatory No. 18, do permits or plat alteration requests fall under the definition of Contract as defined in the beginning of the interrogatories? I read it as a permit is not a contract, but I want to make sure I'm not slicing things to finely. Also, I plan on indexing all documents that meet the parameters under the requests for production, including emails, and then letting you and Brent decide if something is protected or shouldn't be included. I will try to have all that done by the middle of the week for both interrogatories. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 8:12 PM To: Grant Beck Subject: RE: Corresspondence from Cushman 3/10/2010 Page 2 of 3 G: we need to work on all interrogatories. Thanks. C Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 17:02:32 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I will have a draft for you to take a look at on Monday... I have some questions already but let me get through the entire thing and then touch base with you. Am I at this point only working on the answers in the original filing against me, or do you want me to combine efforts with both mine and the ~Yelm' Interrogatories? Have a great weekend, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 12:52 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant: remember that we need to answer the interrogatories and requests for production by March 17, 2010. Can you start working on them and let me know if you run into any trouble trying to figure out how to respond to any one of them? thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 3 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:26:31 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, March 08, 2010 9:12 AM To: Shelly Badger Subject: This morning Can I get 10 minutes of your time this morning to talk about Interrogatorries in the Smith Lawsuit? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Monday, March 08, 2010 9:04 AM To: 'Carol Morris' Subject: RE: Corresspondence from Cushman I'll try not to be too much of a pain as I go through these and attempt to bundle up questions, but... On my Interrogatory No. 18, do permits or plat alteration requests fall under the definition of Contract as defined in the beginning of the interrogatories? I read it as a permit is not a contract, but I want to make sure I'm not slicing things to finely. Also, I plan on indexing all documents that meet the parameters under the requests for production, including emails, and then letting you and Brent decide if something is protected or shouldn't be included. I will try to have all that done by the middle of the week for both interrogatories. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 8:12 PM To: Grant Beck Subject: RE: Corresspondence from Cushman G: we need to work on all interrogatories. Thanks. C Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 17:02:32 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com 3/10/2010 Page 2 of 3 Carol - I will have a draft for you to take a look at on Monday... I have some questions already but let me get through the entire thing and then touch base with you. Am I at this point only working on the answers in the original filing against me, or do you want me to combine efforts with both mine and the ~Yelm' Interrogatories? Have a great weekend, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 12:52 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant: remember that we need to answer the interrogatories and requests for production by March 17, 2010. Can you start working on them and let me know if you run into any trouble trying to figure out how to respond to any one of them? thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:26:31 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman ~ www.ci.yelm.wa.us wa.us 3/10/2010 Page 3 of 3 HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 8:13 PM To: Grant Beck Subject: RE: Corresspondence from Cushman I appreciate that. I'm glad there were capable people around handling this matter for the City. You didn't need me at all. Have a good weekend yourself. C Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 17:06:01 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com I am working on the findings and will have something for you and Brent to look at early next week. The letter in response to Cush man's letter regarding enforcement looked fine. I am sorry to hear about your loss... I was thinking about you all last week, hoping you had family and friends around you for support. I hope that you didn't worry about anything out here during your time away, it went as well is it can. Have a good weekend. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 9:17 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Hi: I apologize for being gone so long. My nephew shot himself. It was a very difficult time. Do we need to work on the council's findings and conclusions for the denial of the plat alteration? Thanks. 3/10/2010 Page 2 of 3 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:16:11 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - The Council unanimously denied the alternation request after considering both the briefs and the follow-up letter from Cushman and your response. Cushman was not there, but Col. Smith was. If you want to watch the video from the meeting you can follow this link. Click on the blue link on page 2 of the agenda to zoom to that portion of the meeting. I have attached the notice we sent out certified mail. I haven't heard anything from anyone except the letter Brent received. I hope all is well Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 3 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 8:12 PM To: Grant Beck Subject: RE: Corresspondence from Cushman G: we need to work on all interrogatories. Thanks. C Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 17:02:32 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I will have a draft for you to take a look at on Monday... I have some questions already but let me get through the entire thing and then touch base with you. Am I at this point only working on the answers in the original filing against me, or do you want me to combine efforts with both mine and the ~Yelm' Interrogatories? Have a great weekend, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 12:52 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant: remember that we need to answer the interrogatories and requests for production by March 17, 2010. Can you start working on them and let me know if you run into any trouble trying to figure out how to respond to any one of them? thanks. 3/10/2010 Page 2 of 3 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:26:31 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] 3/10/2010 Page 3 of 3 Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, March 05, 2010 5:06 PM To: 'Carol Morris' Subject: RE: Corresspondence from Cushman I am working on the findings and will have something for you and Brent to look at early next week. The letter in response to Cushman's letter regarding enforcement looked fine. I am sorry to hear about your loss... I was thinking about you all last week, hoping you had family and friends around you for support. I hope that you didn't worry about anything out here during your time away, it went as well is it can. Have a good weekend. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 9:17 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Hi: I apologize for being gone so long. My nephew shot himself. It was a very difficult time. Do we need to work on the council's findings and conclusions for the denial of the plat alteration? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:16:11 -0800 From: grantb@ci.yelm.wa.us 3/10/2010 Page 2 of 2 To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - The Council unanimously denied the alternation request after considering both the briefs and the follow-up letter from Cushman and your response. Cushman was not there, but Col. Smith was. If you want to watch the video from the meeting you can follow this link. Click on the blue link on page 2 of the agenda to zoom to that portion of the meeting. I have attached the notice we sent out certified mail. I haven't heard anything from anyone except the letter Brent received. I hope all is well Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, March 05, 2010 5:03 PM To: 'Carol Morris'; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Carol - I will have a draft for you to take a look at on Monday... I have some questions already but let me get through the entire thing and then touch base with you. Am I at this point only working on the answers in the original filing against me, or do you want me to combine efforts with both mine and the ~Yelm' Interrogatories? Have a great weekend, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 12:52 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant: remember that we need to answer the interrogatories and requests for production by March 17, 2010. Can you start working on them and let me know if you run into any trouble trying to figure out how to respond to any one of them? thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:26:31 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com 3/10/2010 Page 2 of 2 Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Janice Howard [janiceh@awcnet.org] Sent: Friday, March 05, 2010 1:39 PM To: Grant Beck; Janine Schnepf Subject: Smith Vs. Yelm Attachments: image001.jpg Hello Janine and Grant, I have received the amended complaint and just for your information, there are uncovered allegations in both complaints, ie breach of contract claims against the City and Grant and writ of Mandamus compelling the city to under take the ministreal acts necessary to allow the Smith to legally reside in their home. This email is not a coverage analysis, just a brief FYI. I have sent the original and amended complaints to our coverage attorney and you will receive a formal reservation of rights letter soon. Please call me if you have any questions in the meantime. Janice Howard Claims Manager Member Services Department 1076 Franklin St SE Olympia, WA 98501-1346 (360) 753-4137 (office) janiceh@awcnet.org Celebrating 20 years of protecting your employees, your assets, your peace of mind 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 12:52 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Grant: remember that we need to answer the interrogatories and requests for production by March 17, 2010. Can you start working on them and let me know if you run into any trouble trying to figure out how to respond to any one of them? thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:26:31 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 3/10/2010 Page 2 of 2 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, March 05, 2010 11:44 AM To: 'Kathleen Callison' Cc: 'Stephen DiJulio'; Stephanie Ray; Grant Beck Subject: Decomm. well transfer application Attachments: Decomissioned Wells Transfer Application.pdf; decom.well.cover.Itr.030810.doc Here is the latest draft application for your review and comment by Monday morning, 3-8. Thanks! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 10:46 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Attachments: Cushman letter.doc Hi: what do you think of this letter? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:16:11 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - The Council unanimously denied the alternation request after considering both the briefs and the follow-up letter from Cushman and your response. Cushman was not there, but Col. Smith was. If you want to watch the video from the meeting you can follow this link. Click on the blue link on page 2 of the agenda to zoom to that portion of the meeting. I have attached the notice we sent out certified mail. I haven't heard anything from anyone except the letter Brent received. I hope all is well Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? 3/10/2010 Page 2 of 2 What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 9:17 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Corresspondence from Cushman Hi: I apologize for being gone so long. My nephew shot himself. It was a very difficult time. Do we need to work on the council's findings and conclusions for the denial of the plat alteration? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Corresspondence from Cushman Date: Fri, 5 Mar 2010 08:16:11 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - The Council unanimously denied the alternation request after considering both the briefs and the follow-up letter from Cushman and your response. Cushman was not there, but Col. Smith was. If you want to watch the video from the meeting you can follow this link. Click on the blue link on page 2 of the agenda to zoom to that portion of the meeting. I have attached the notice we sent out certified mail. I haven't heard anything from anyone except the letter Brent received. I hope all is well Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman 3/10/2010 Page 2 of 2 HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, March 05, 2010 8:27 AM To: 'Carol Morris' Subject: RE: Corresspondence from Cushman Attachments: Palisades -Notice of Correction 022310.pdf Sorry, I forgot the attachment. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, March 05, 2010 8:16 AM To: 'Carol Morris' Cc: 'Brent Dille' Subject: RE: Corresspondence from Cushman Carol - The Council unanimously denied the alternation request after considering both the briefs and the follow-up letter from Cushman and your response. Cushman was not there, but Col. Smith was. If you want to watch the video from the meeting you can follow this link. Click on the blue link on page 2 of the agenda to zoom to that portion of the meeting. I have attached the notice we sent out certified mail. I haven't heard anything from anyone except the letter Brent received. I hope all is well Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 3/10/2010 Page 2 of 2 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, March 05, 2010 7:33 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Corresspondence from Cushman HI: Thank you for the letter. May I draft a response? What did the Council do at the last meeting regarding the Smith plat amendment? Would you please send me a copy of the Notice of Correction for my files? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Corresspondence from Cushman Date: Thu, 4 Mar 2010 17:07:57 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us FYI From: canon_copier@owensdavies.com [mailto:canon_copier@owensdavies.com] Sent: Thursday, March 04, 2010 5:06 PM To: Brent Dille Subject: Attached Image 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, March 04, 2010 11:17 AM To: Carol Morris; Grant Beck Subject: RE: Smith v. Yelm Hi Carol, I'm out of the office and Grant is in a staff meeting all day but I can tell you that I received a letter from Cushman regarding the notice and I will forward the same to you when I get back in the office. Talk to you soon. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thu 3/4/2010 11:15 AM To: grantb@ci.yelm.wa.us; Brent Dille Subject: Smith v. Yelm Hi: What's the news on the City Council's action last week? I'm back and want to get up to speed. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, March 04, 2010 11:15 AM To: Grant Beck; bdille@owensdavies.com Subject: Smith v. Yelm Hi: What's the news on the City Council's action last week? I'm back and want to get up to speed. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 RE: Smith lawsuit Karen Bennett From: Grant Beck Sent: Tuesday, March 02, 2010 9:45 AM To: Shelly Badger; Ron Harding Subject: FW: Smith lawsuit Page 1 of 1 Attachments: 2010 02 19 Protective Order.pdf; 2009 12 09 Claim for Damages.pdf; 2009 12 17 Summons and Complaint.pdf; 2010 01 07 Beck Answer.pdf; 2010 01 07 Beck Motion for Protective Order.pdf; 2010 01 07 Morris Declaration in support of Motion for Protective Order.pdf; 2010 01 13 Cushman Declaration.pdf; 2010 01 13 Response to Motion for Protective Order.pdf; 2010 02 05 Smith Motion Amend Complaint.pdf; 2010 02 19 Amended Complaint.pdf; Beck's Reply to pltfs response mt. for protective order.pdf Just FYI. From: Grant Beck Sent: Mon 3/1/2010 4:32 PM To: News #2 Subject: RE: Smith lawsuit Megan - I made you hard copies last week (Ron thought you were going to stop by)... they are still here if you want them but I have also attached all the briefs, orders, and the complaint and amended complaint for you. I didn't include all the notices of appearances and all that, but they are here if you want them. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us -----Original Message----- From: News #2 [mailto:news2@yelmonline.com] Sent Monday, March O1, 2010 11:43 AM To: Grant Beck Subject: Smith lawsuit Hey Grant, Can I get a copy of the lawsuit as well as any motions made by the city in response to the claim for damages/lawsuit? I talked to Ron last week and he said he was going to give you a heads up that I was going to ask for these. Megan Hansen Assistant Editor, Nisqually Valley News 360-458-2622 ext. 1616 news2@yelmonline. com 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, March 02, 2010 9:01 AM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; mac@leesmart.com Subject: RE: Smith v. Yelm, et al. Notice of Unavailability of Counsel Attachments: CCF03022010_00001.pdf See attached. I won't be mailing this unless someone can't open it and asks me to send it in the mail. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: doreenmilward@cushmanlaw.com CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; mac@leesmart.com Subject: RE: Smith v. Yelm, et al. Notice of Unavailability of Counsel Date: Mon, 22 Feb 2010 12:53:13 -0800 See attached. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. 3/10/2010 Page 2 of 2 > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, February 25, 2010 8:13 AM To: Grant Beck Subject: RE: Palisades - Letter of Correction Excellent! Let me know if you need anything additional from me. Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Wednesday, February 24, 2010 5:17 PM To: Brent Dille Subject: FW: Palisades -Letter of Correction Brent - FYI, Karen sent this to all three parties via certified mail today as well. Thanks for everything! Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, February 24, 2010 4:23 PM To: Karen Bennett Cc: Grant Beck Subject: RE: Palisades -Letter of Correction Thanks Karen! From: Karen Bennett [mailto:KarenB@ci.yelm.wa.us] Sent: Wednesday, February 24, 2010 4:17 PM To: Brent Dille Cc: Grant Beck Subject: Palisades -Letter of Correction Per Grant Beck, attached is the Notice of Correction letter for Palisades West. Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 3/10/2010 Page 2 of 2 cid:image001.jpgC 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 24, 2010 5:17 PM To: 'Brent Dille' Subject: FW: Palisades - Letter of Correction Brent - FYI, Karen sent this to all three parties via certified mail today as well. Thanks for everything! Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, February 24, 2010 4:23 PM To: Karen Bennett Cc: Grant Beck Subject: RE: Palisades -Letter of Correction Thanks Karen! From: Karen Bennett [mailto:KarenB@ci.yelm.wa.us] Sent: Wednesday, February 24, 2010 4:17 PM To: Brent Dille Cc: Grant Beck Subject: Palisades -Letter of Correction Per Grant Beck, attached is the Notice of Correction letter for Palisades West. Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 cid:image001.jpgC 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, February 24, 2010 4:23 PM To: Karen Bennett Cc: Grant Beck Subject: RE: Palisades - Letter of Correction Thanks Karen! From: Karen Bennett [mailto:KarenB@ci.yelm.wa.us] Sent: Wednesday, February 24, 2010 4:17 PM To: Brent Dille Cc: Grant Beck Subject: Palisades -Letter of Correction Per Grant Beck, attached is the Notice of Correction letter for Palisades West. Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 cid:image001.jpgC 3/10/2010 Page 1 of 1 Karen Bennett From: Karen Bennett Sent: Wednesday, February 24, 2010 4:17 PM To: bdille@owensdavies.com Cc: Grant Beck Subject: Palisades - Letter of Correction Attachments: Palisades -Notice of Correction 022310.pdf Per Grant Beck, attached is the Notice of Correction letter for Palisades West. Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 cid:image001.jpgC 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, February 23, 2010 2:41 PM To: 'Brent Dille' Subject: RE: Enforcement Letter Attachments: Enforcement Letter[1].doc An indication of how well I am doing today. Here ya go. I'll call in just a second. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Tuesday, February 23, 2010 2:34 PM To: Grant Beck Subject: RE: Enforcement Letter Grant, Got your VM. Give me a call. BTW - No attachment. Talk to you soon. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, February 23, 2010 12:40 PM To: Brent Dille Subject: Enforcement Letter Brent - Attached is the latest version of the enforcement letter... I think it is good to go. If you agree, would you execute it and bring a copy for Cushman tonight and the original for me and I'll send it certified to all parties in the morning. I am having a bad day and can't concentrate on the resolution. I am working on it but may not have it ready for tonight. Are you ok with action and following up with resolution if I can't git er done? Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 22, 2010 4:18 PM To: bdille@owensdavies.com; Grant Beck Subject: RE: Smith v. Yelm, et al. Hi: I had to take my dogs to the pet sitters. I'm back now. Do you still want to talk? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: FW: Smith v. Yelm, et al. Date: Mon, 22 Feb 2010 14:55:56 -0800 From: bdille@owensdavies.com To: grantb@ci.yelm.wa.us; carol_a_morris@msn.com Sorry I did not copy you on this a-mail. From: Brent Dille Sent: Monday, February 22, 2010 2:55 PM To: 'Ben Cushman' Cc: doreenmilward@cushmanlaw.com Subject: Smith v. Yelm, et al. Ben, Please be advised that Yelm City Council will have both these letters prior to tomorrow's meeting Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended 3/10/2010 Page 2 of 2 for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, February 22, 2010 2:56 PM To: Grant Beck; Carol Morris Subject: FW: Smith v. Yelm, et al. Attachments: Ltr to City Council 2-19-10.pdf; CCF02212010_000OO.pdf Sorry I did not copy you on this a-mail. From: Brent Dille Sent: Monday, February 22, 2010 2:55 PM To: 'Ben Cushman' Cc: doreenmilward@cushmanlaw.com Subject: Smith v. Yelm, et al. Ben, Please be advised that Yelm City Council will have both these letters prior to tomorrow's meeting. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, February 22, 2010 2:53 PM To: Grant Beck Subject: RE: Smith v. Yelm, et al. Not a problem! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, February 22, 2010 2:53 PM To: Brent Dille Subject: FW: Smith v. Yelm, et al. Brent - Would you mind forwarding these to Cushman and letting him know the Council will have both of them before the meeting tomorrow? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, February 22, 2010 2:53 PM To: bdille@owensdavies.com Subject: FW: Smith v. Yelm, et al. Attachments: Ltr to City Council 2-19-10.pdf; CCF02212010_000OO.pdf Brent - Would you mind forwarding these to Cushman and letting him know the Council will have both of them before the meeting tomorrow? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 22, 2010 12:53 PM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; mac@leesmart.com Subject: RE: Smith v. Yelm, et al. Notice of Unavailability of Counsel Attachments: CCF02222010_000OO.pdf See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Monday, February 22, 2010 12:37 PM To: Grant Beck Subject: RE: Smith v. Yelm, et al. Ok, thanks. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, February 22, 2010 12:35 PM To: Shelly Badger Subject: RE: Smith v. Yelm, et al. Yes, I have a call into Brent to prepare for tomorrow. We will be fine. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, February 22, 2010 12:34 PM To: Grant Beck; Janine Schnepf Subject: RE: Smith v. Yelm, et al. I am fine with these going to Mayor and Council. Grant, are you comfortable with Carol not in attendance tomorrow, but Brent covering it? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, February 22, 2010 9:11 AM To: Shelly Badger; Janine Schnepf Subject: FW: Smith v. Yelm, et al. Shelly - FYI. Cushman sent a letter in Friday after the deadline for briefs established by the Council. Carol prepared a reponse on Sunday and recommends both be given to Council. Janine and I have coordinate on this and she is going to send them out today unless you feel differently. 3/10/2010 Page 2 of 2 Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 3:25 PM To: bdille@owensdavies.com; Grant Beck Cc: Janice howard Subject: FW: Smith v. Yelm, et al. Sorry, I didn't have an opportunity to read this letter from Cushman when it came in. Here is my response to it. If you agree with my response, please forward it to the Council with Cushman's letter. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, February 22, 2010 12:35 PM To: Shelly Badger Subject: RE: Smith v. Yelm, et al. Yes, I have a call into Brent to prepare for tomorrow. We will be fine. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, February 22, 2010 12:34 PM To: Grant Beck; Janine Schnepf Subject: RE: Smith v. Yelm, et al. I am fine with these going to Mayor and Council. Grant, are you comfortable with Carol not in attendance tomorrow, but Brent covering it? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, February 22, 2010 9:11 AM To: Shelly Badger; Janine Schnepf Subject: FW: Smith v. Yelm, et al. Shelly - FYI. Cushman sent a letter in Friday after the deadline for briefs established by the Council. Carol prepared a reponse on Sunday and recommends both be given to Council. Janine and I have coordinate on this and she is going to send them out today unless you feel differently. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 3:25 PM To: bdille@owensdavies.com; Grant Beck Cc: Janice howard Subject: FW: Smith v. Yelm, et al. 3/10/2010 Page 2 of 2 Sorry, I didn't have an opportunity to read this letter from Cushman when it came in. Here is my response to it. If you agree with my response, please forward it to the Council with Cushman's letter. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Monday, February 22, 2010 12:34 PM To: Grant Beck; Janine Schnepf Subject: RE: Smith v. Yelm, et al. I am fine with these going to Mayor and Council. Grant, are you comfortable with Carol not in attendance tomorrow, but Brent covering it? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, February 22, 2010 9:11 AM To: Shelly Badger; Janine Schnepf Subject: FW: Smith v. Yelm, et al. Shelly - FYI. Cushman sent a letter in Friday after the deadline for briefs established by the Council. Carol prepared a reponse on Sunday and recommends both be given to Council. Janine and I have coordinate on this and she is going to send them out today unless you feel differently. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 3:25 PM To: bdille@owensdavies.com; Grant Beck Cc: Janice howard Subject: FW: Smith v. Yelm, et al. Sorry, I didn't have an opportunity to read this letter from Cushman when it came in. Here is my response to it. If you agree with my response, please forward it to the Council with Cushman's letter. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, February 22, 2010 12:21 PM To: Grant Beck Subject: FW: Summons Seared Today Attachments: 20100219133229. pdf I am sure you know this. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Friday, February 19, 2010 5:32 PM To: Shelly Badger; Ron Harding Subject: Summons Served Today Summons Served Friday 02-19-2010 -From; Cushman Law Offices for Smith To: City of Yelm Forwarded to Carol Morris and Brent Dille 02-19-2010 Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, February 22, 2010 9:11 AM To: Shelly Badger; Janine Schnepf Subject: FW: Smith v. Yelm, et al. Attachments: Ltr to City Council 2-19-10.pdf; CCF02212010_000OO.pdf Shelly - FYI. Cushman sent a letter in Friday after the deadline for briefs established by the Council. Carol prepared a reponse on Sunday and recommends both be given to Council. Janine and I have coordinate on this and she is going to send them out today unless you feel differently. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 3:25 PM To: bdille@owensdavies.com; Grant Beck Cc: Janice howard Subject: FW: Smith v. Yelm, et al. Sorry, I didn't have an opportunity to read this letter from Cushman when it came in. Here is my response to it. If you agree with my response, please forward it to the Council with Cushman's letter. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. 3/10/2010 Page 2 of 2 > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 3:25 PM To: bdille@owensdavies.com; Grant Beck Cc: Janice howard Subject: FW: Smith v. Yelm, et al. Attachments: Ltr to City Council 2-19-10.pdf; CCF02212010_000OO.pdf Sorry, I didn't have an opportunity to read this letter from Cushman when it came in. Here is my response to it. If you agree with my response, please forward it to the Council with Cushman's letter. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Sunday, February 21, 2010 2:47 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Revised Notice of Correction Attachments: Enforcement Letter[1 ].doc Hi: here are my comments (see attached). I'm wondering whether, instead of establishing a date for correction as late as September, if you could instead identify the correction as construction of the booster pump (which I thought you said could be constructed in a shorter period of time) within the next month, and then identify the big fix correction at a later date. Also, I don't think there is any building permit violation. I had a death in the family and I have to go back to Minneapolis. I probably will not be able to come to the meeting on Tuesday night. I will give you a call tomorrow to talk more about the meeting. My partner Jeff might be able to come if you think it would be helpful. I'm really sorry. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Revised Notice of Correction Date: Fri, 19 Feb 2010 15:09:00 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com For your review and comment. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, February 19, 2010 5:26 PM To: Grant Beck Subject: Palisades 02-19-10 Cushman Attachments: 0459_001. pdf Received 02-19-10 4:20 pm by Fax From; Cushman Law Offices To: City council c/o Janine (Clerk) 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 19, 2010 4:58 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Yelm, et al. Attachments: Ltr to City Council 2-19-10.pdf Are we going to give this to the council? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com; mike@jmmorganlaw.com; ddunham@cranedunham.com; Mac@leesmart.com > Date: Fri, 19 Feb 2010 16:49:31 -0800 > Subject: Smith v. Yelm, et al. > Ms. Morris, > Attached is a letter to the Yelm City Council from Ben Cushman. I am also emailing it to the other defendants in this matter, in case they are interested in the plat amendment application issue. > I also wanted to provide a status update about service on the remaining defendants, since I can't remember who knows what: Steve Chamberlain and FH1, LLC were served on February 5, 2010. The City of Yelm was served today. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, February 19, 2010 3:09 PM To: 'Carol Morris'; bdille@owensdavies.com Subject: Revised Notice of Correction Attachments: Enforcement Letter.doc For your review and comment. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, February 19, 2010 2:20 PM To: bdille@owensdavies.com Subject: FW: Summons and Complaint Confidential I'll deal with this. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 19, 2010 2:18 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Summons and Complaint Confidential Grant and Brent: The previous notice was only directed to the bank though, right? I think we planned to proceed with revocation when we thought that would get the attention of the bank. Now that we know it won't, I thought we were all on board with the idea that we are not revoking the plat, and instead are enforcing the plat conditions to require ALL owners of the property to comply with the plat conditions (and impose cummulative penalties for failure to do so). Are we proceeding against all property owners -- including the Smiths? If so, I think we should be issuing a correction notice with the Smiths added. I don't have any problem using the one we all commented on (and making the necessary changes to turn it into a correction notice), but I haven't seen the final version. (Sorry, I have trouble with track changes or I would do it myself.) Please send me the final version so that we can get it out as soon as possible. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Summons and Complaint Date: Fri, 19 Feb 2010 14:14:23 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com 3/10/2010 Page 2 of 2 I was taking the position that the previous notice we gave them and subsequent threat to revoke the plat was sufficient for the first step. If you think it's advisable to issue a Notice of Correction first, I wouldn't change anything but the heading on the Notice of Violation. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 19, 2010 1:57 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Summons and Complaint This is just the amended complaint -- it just adds Yelm as a party. And of course, there are the interrogatories. What about my question re: code enforcement? Are you planning to issue a notice of correction before the notice of violation? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Summons and Complaint Date: Fri, 19 Feb 2010 13:55:07 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com This was served on the City Clerk today about thirty minutes ago. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 19, 2010 2:18 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Summons and Complaint Confidential Grant and Brent: The previous notice was only directed to the bank though, right? I think we planned to proceed with revocation when we thought that would get the attention of the bank. Now that we know it won't, I thought we were all on board with the idea that we are not revoking the plat, and instead are enforcing the plat conditions to require ALL owners of the property to comply with the plat conditions (and impose cummulative penalties for failure to do so). Are we proceeding against all property owners -- including the Smiths? If so, I think we should be issuing a correction notice with the Smiths added. I don't have any problem using the one we all commented on (and making the necessary changes to turn it into a correction notice), but I haven't seen the final version. (Sorry, I have trouble with track changes or I would do it myself.) Please send me the final version so that we can get it out as soon as possible. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Summons and Complaint Date: Fri, 19 Feb 2010 14:14:23 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com I was taking the position that the previous notice we gave them and subsequent threat to revoke the plat was sufficient for the first step. If you think it's advisable to issue a Notice of Correction first, I wouldn't change anything but the heading on the Notice of Violation. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 19, 2010 1:57 PM To: Grant Beck Cc: bdille@owensdavies.com 3/10/2010 Page 2 of 2 Subject: RE: Summons and Complaint This is just the amended complaint -- it just adds Yelm as a party. And of course, there are the interrogatories. What about my question re: code enforcement? Are you planning to issue a notice of correction before the notice of violation? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Summons and Complaint Date: Fri, 19 Feb 2010 13:55:07 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com This was served on the City Clerk today about thirty minutes ago. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:12 AM To: City Council Cc: Grant Beck; Shelly Badger Subject: Legal Briefs RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:09 AM To: City Council Cc: Grant Beck; Shelly Badger RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 17, 2010 10:48 AM To: Grant Beck; bdille@owensdavies.com Subject: enforcement action HI: how are we planning to proceed with the enforcement action? I know I would like to hand the notice of violation to the Smith's attorney and the Smiths next Tuesday, but your code requires that you first send them some notice of correction? Please let me know. thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Wednesday, February 17, 2010 10:08 AM To: Grant Beck Subject: RE: Palisades Briefs I read thru both briefs. I think Carol did a good job, how do you feel? Do you have any concern over Cushman's complaining about allowing briefs after the Hearing was closed? To me these are like 'staff reports' with a recommendation and a justification for the recommendation, just provided by our attorney. sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Wednesday, February 17, 2010 8:33 AM To: Shelly Badger Cc: Ron Harding Subject: Palisades Briefs Attached are the briefs from Carol and Ben Cushman for next weeks Council meeting. Janine has everything and is putting the packet together, but I thought you may be interested in a preliminary read. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 17, 2010 9:15 AM To: Grant Beck Subject: RE: Andrew & Cynthia Smith Thanks! I'll try it. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Andrew & Cynthia Smith Date: Wed, 17 Feb 2010 08:56:51 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Carol - One of the reasons you may have trouble with pdf documents getting to people, is they are pretty big files. Your scanner should have a setting the quality of the scan and anywhere between 150 to 200 dots per inch is fine for letters and briefs and such, and the size should be much much smaller. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, February 17, 2010 8:45 AM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Andrew & Cynthia Smith Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com > Date: Tue, 16 Feb 2010 17:15:34 -0800 > Subject: Andrew & Cynthia Smith > Attached is a letter from Ben Cushman to the Yelm City Council which was faxed to them a little while ago. Would you please email to me what it is that you have submitted to the Council, which they required by today? Thank you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Wednesday, February 17, 2010 8:57 AM To: 'Carol Morris' Subject: RE: Andrew & Cynthia Smith Carol - One of the reasons you may have trouble with pdf documents getting to people, is they are pretty big files. Your scanner should have a setting the quality of the scan and anywhere between 150 to 200 dots per inch is fine for letters and briefs and such, and the size should be much much smaller. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, February 17, 2010 8:45 AM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Andrew & Cynthia Smith Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com > Date: Tue, 16 Feb 2010 17:15:34 -0800 > Subject: Andrew & Cynthia Smith > Attached is a letter from Ben Cushman to the Yelm City Council which was faxed to them a little while ago. Would you please email to me what it is that you have submitted to the Council, which they required by today? Thank you. > Doreen Milward 3/10/2010 Page 2 of 2 > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 17, 2010 8:45 AM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Andrew & Cynthia Smith Attachments: CCF02162010_00001.pdf Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com > CC: bencushman@cushmanlaw.com > Date: Tue, 16 Feb 2010 17:15:34 -0800 > Subject: Andrew & Cynthia Smith > Attached is a letter from Ben Cushman to the Yelm City Council which was faxed to them a little while ago. Would you please email to me what it is that you have submitted to the Council, which they required by today? Thank you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 17, 2010 8:34 AM To: Tami Merriman Subject: FW: Palisades Briefs Attachments: 20100217082607.pdf; city council brief plat alteration.doc Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Grant Beck Sent: Wednesday, February 17, 2010 8:33 AM To: Shelly Badger Cc: Ron Harding Subject: Palisades Briefs Attached are the briefs from Carol and Ben Cushman for next weeks Council meeting. Janine has everything and is putting the packet together, but I thought you may be interested in a preliminary read. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 17, 2010 8:33 AM To: Shelly Badger Cc: Ron Harding Subject: Palisades Briefs Attachments: 20100217082607.pdf; city council brief plat alteration.doc Attached are the briefs from Carol and Ben Cushman for next weeks Council meeting. Janine has everything and is putting the packet together, but I thought you may be interested in a preliminary read. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, February 16, 2010 3:48 PM To: Grant Beck; bdille@owensdavies.com; Janine Schnepf Cc: Janice howard Subject: brief on Smith plat alteration Attachments: city council brief plat alteration.doc; CCF02162010_00001.pdf Hi: Here is the brief in Word and also pdf. I have trouble sending pdf versions sometimes, so if you don't get the pdf version, please run off the word version for the City Council. I can sign it later. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, February 16, 2010 2:57 PM To: bdille@owensdavies.com; Grant Beck Subject: Brief to City Council Attachments: city council brief plat alteration.doc HI: Here is a draft of my brief. What do you think? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, February 16, 2010 12:35 PM To: 'Carol Morris' Cc: 'Brent Dille' Subject: RE: Smith appeal Attachments: Application.pdf See attached. The Smiths and Chamberlain signed. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, February 16, 2010 12:30 PM To: Grant Beck; bdille@owensdavies.com Subject: Smith appeal HI: I can't find their application for the plat amendment. Who signed it? Was it just the Smiths? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, February 16, 2010 12:30 PM To: Grant Beck; bdille@owensdavies.com Subject: Smith appeal HI: I can't find their application for the plat amendment. Who signed it? Was it just the Smiths? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Tuesday, February 16, 2010 11:53 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis Subject: 2-24 Council Meeting/SS Janine, thanks for your patience, the holiday and workload has me a little behind in getting everything to you. See below in red for updated information: Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Shelly Badger Sent: Friday, February 12, 2010 2:31 PM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis; Stephanie Ray; Todd Stancil; Tim Peterson; Maryam Olson Subject: 2-23 & 2-24 Council Meeting/SS Janine, here is what I have coming for the 2-23 and 2-24 meetings: Tuesday, 2-23 Council Meeting: Presentations: Intercity Transit -Mike Harbour (20 minutes) Memo and plan provided to you this morning for the packets. Longmire Park restroom/concession building project -Stephanie (15 minutes) -Staff report and 2 attachments provided to you this morning. Related ordinance will be provided to Council on 2- 23 by Sue. . Palisades West Plat amendment -Grantor legal counsel (30 minutes) -Briefs are due today, so hopefully we can forward them to you first thing in the morning for inclusion in the packets. The briefs will serve as the staff report and recommendation to Council. Wednesday, 2-24 Study Session: . Tom Carlson presentation on the service he provides related to sales tax audits (20 minutes) - I do not have the name of the company he represents, so just use the information here. . Sue Davis - 2009 - 2010 budget update (40 minutes) - No packet material. Sue will have either a handout or PPT at the Study Session. . Water update -Shelly and Steph (90 minutes) - No handouts, we will have a PPT Anyone have anything else coming? With the holiday on Monday, I plan to get the staff reports to Janine Tuesday morning before noon. Thank you! Shelly 3/10/2010 Page 2 of 2 Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 15, 2010 3:30 PM To: bdille@owensdavies.com; Grant Beck Subject: RE: Notice of Violation Attachments: Enforcement Letter Rev BFD 2.15[1].rtf Hi: Here are my comments. We want to hand this to the Smiths and their attorney on February 23, 2010 at the Council hearing. We need to send it to the other parties by registered mail after that date. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360)830-0328 F: (360) 850-1099 Subject: Notice of Violation Date: Mon, 15 Feb 2010 13:54:56 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us Please let me know your thoughts on the revised notice Best regards, Brent F. Dille 0 Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipients). Delivery of this message to anyone other than the intended recipients) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Glacier Karen Bennett From: Janine Schnepf Sent: Friday, February 12, 2010 5:33 PM To: City Council Cc: Grant Beck Attachments: 02-09-10 Minutes.doc Direction to Staff. Attached is a draft of the Minutes of the 02-09-10 that includes direction to staff. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us Page 1 of 1 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 12, 2010 3:37 PM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. City's Notice of Appearance Attachments: CCF02122010_00003.pdf Attached is the City's Notice of Appearance. I will not be mailing this unless someone asks me to do so. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, February 12, 2010 3:26 PM To: 'Stephen DiJulio'; 'Kathleen Callison' Cc: Stephanie Ray; Grant Beck Subject: FW: Decomissioned Wells Transfer Application Attachments: Decomissioned Wells Transfer Application.pdf I am sending this on to both of you for review, as I conduct my review. Thank you! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Stephanie Ray Sent: Friday, February 12, 2010 3:16 PM To: Shelly Badger Cc: Grant Beck Subject: FW: Decomissioned Wells Transfer Application Shelly, I have reviewed the attached application from Grant/CDD group and it is excellent. Exactly what we were looking for....and I believe it is ready to go to Steve/Kathy for their review prior to sending to DOE. The transfer app. has a few `holes' in it... but it is draft, and we are waiting for DOE to get back to us on how to fill out the point of withdrawal/place of use issue. Since all the wells were within the city limits the legal description for the city should suffice. Steph Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax steahanierC~ci.velm.wa.us / www.ci.velm.wa.us From: Grant Beck Sent: Friday, February 12, 2010 3:09 PM To: Stephanie Ray Subject: Decomissioned Wells Transfer Application Please find attached the complete (but draft) transfer application packet for water rights associated with wells decommissioned since 1/1/2004 in the City of Yelm. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Friday, February 12, 2010 3:16 PM To: Shelly Badger Cc: Grant Beck Subject: FW: Decomissioned Wells Transfer Application Attachments: Decomissioned Wells Transfer Application.pdf Shelly, I have reviewed the attached application from Grant/CDD group and it is excellent. Exactly what we were looking for....and I believe it is ready to go to Steve/Kathy for their review prior to sending to DOE. The transfer app. has a few `holes' in it... but it is draft, and we are waiting for DOE to get back to us on how to fill out the point of withdrawal/place of use issue. Since all the wells were within the city limits the legal description for the city should suffice. Let me know your thoughts on timing ~ and when to send to Kathy/Steve for review. Steph Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us From: Grant Beck Sent: Friday, February 12, 2010 3:09 PM To: Stephanie Ray Subject: Decomissioned Wells Transfer Application Please find attached the complete (but draft) transfer application packet for water rights associated with wells decommissioned since 1/1/2004 in the City of Yelm. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, February 12, 2010 3:09 PM To: Stephanie Ray Subject: Decomissioned Wells Transfer Application Attachments: Decomissioned Wells Transfer Application.pdf Please find attached the complete (but draft) transfer application packet for water rights associated with wells decommissioned since 1/1/2004 in the City of Yelm. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, February 12, 2010 2:31 PM To: 'Brent Dille' Subject: Enforcement Letter Attachments: Enforcement Letter.docx For your review and discussion. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, February 12, 2010 2:31 PM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis; Stephanie Ray; Todd Stancil; Tim Peterson; Maryam Olson Subject: 2-23 & 2-24 Council Meeting/SS Janine, here is what I have coming for the 2-23 and 2-24 meetings: Tuesday, 2-23 Council Meeting: Presentations: Intercity Transit -Mike Harbour (20 minutes) Longmire Park restroom/concession building project -Stephanie (15 minutes) -Staff report pending . Palisades West Plat amendment -Grantor legal counsel (30 minutes) -Staff report pending; Briefs to Council due on 2-16 Wednesday, 2-24 Council Meeting: . Tom Carlson presentation on the service he provides related to sales tax audits (20 minutes) - Companyname and title of presentation pending . Sue Davis - 2009 - 2010 budget update (40 minutes) -Sue, any handouts for the packet or will you distribute them at the SS? . Water update -Shelly and Steph (90 minutes) - No handouts, we will have a PPT Anyone have anything else coming? With the holiday on Monday, I plan to get the staff reports to Janine Tuesday morning before noon. Thank you! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 12, 2010 1:57 PM To: Grant Beck Subject: RE: Smith v. Yelm Thanks. I didn't see it in the record, so maybe that is all it is, just the reference in the complaint. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Yelm Date: Fri, 12 Feb 2010 13:38:46 -0800 From: grantb@ci.yelm.wa.us To: bdille@owensdavies.com; carol_a_morris@msn.com Carol - Section 4.3 of the original complaint (page 11, line 1) states that the Purchase and Sale addendum had a clause in which the seller warrants that the seller will complete the pump station within 120 days of the construction loan financing and if they don't the seller would pay the interest payments. This was dated August 27, 2008, a week before the building permit application was submitted. I think that this is what Mayor Harding alluded to during the executive session. I believe the agreement to which you refer below is the only one, but I am rechecking the file. If I find anything I will get it to you before 2:30. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Friday, February 12, 2010 12:19 PM To: Carol Morris; Grant Beck Subject: RE: Smith v. Yelm Hi Carol! 3/10/2010 Page 2 of 2 I just got in the office and am leaving for the weekend but I think it was a council member who said this agreement was referenced in the Smith's complaint. I don't recall ever seeing any such agreement myself. Sorry I'm not much help. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 12, 2010 12:11 PM To: grantb@ci.yelm.wa.us; Brent Dille Subject: RE: Smith v. Yelm Sorry to bother you guys, but I REALLY need a response today on this. If Monday is a holiday and Grant will not be available, I would like to have this information to work on the brief and proposed resolution. Can someone answer today? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: Smith v. Yelm Date: Fri, 12 Feb 2010 10:26:04 -0800 Hi: Hope you don't think I'm being too hard on our friend Cushman. Say, I know that Grant gave me all the docs in this case, but I didn't have time to sit down and print them all off. Can someone send me the doc you were talking about the other night -- the agreement between the SMiths and the developer re: their responsibilities? Also, I think I have only found the warranty re: the maintenance of the improvements. Is there a warranty agreement for performance (construction of the improvements)? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, February 12, 2010 1:39 PM To: 'Brent Dille'; Carol Morris Subject: RE: Smith v. Yelm Carol - Section 4.3 of the original complaint (page 11, line 1) states that the Purchase and Sale addendum had a clause in which the seller warrants that the seller will complete the pump station within 120 days of the construction loan financing and if they don't the seller would pay the interest payments. This was dated August 27, 2008, a week before the building permit application was submitted. I think that this is what Mayor Harding alluded to during the executive session. I believe the agreement to which you refer below is the only one, but I am rechecking the file. If I find anything I will get it to you before 2:30. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Friday, February 12, 2010 12:19 PM To: Carol Morris; Grant Beck Subject: RE: Smith v. Yelm Hi Carol! I just got in the office and am leaving for the weekend but I think it was a council member who said this agreement was referenced in the Smith's complaint. I don't recall ever seeing any such agreement myself. Sorry I'm not much help. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 12, 2010 12:11 PM To: grantb@ci.yelm.wa.us; Brent Dille Subject: RE: Smith v. Yelm 3/10/2010 Page 2 of 2 Sorry to bother you guys, but I REALLY need a response today on this. If Monday is a holiday and Grant will not be available, I would like to have this information to work on the brief and proposed resolution. Can someone answer today? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: Smith v. Yelm Date: Fri, 12 Feb 2010 10:26:04 -0800 Hi: Hope you don't think I'm being too hard on our friend Cushman. Say, I know that Grant gave me all the docs in this case, but I didn't have time to sit down and print them all off. Can someone send me the doc you were talking about the other night -- the agreement between the SMiths and the developer re: their responsibilities? Also, I think I have only found the warranty re: the maintenance of the improvements. Is there a warranty agreement for performance (construction of the improvements)? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, February 12, 2010 12:19 PM To: Carol Morris; Grant Beck Subject: RE: Smith v. Yelm Hi Carol! I just got in the office and am leaving for the weekend but I think it was a council member who said this agreement was referenced in the Smith's complaint. I don't recall ever seeing any such agreement myself. Sorry I'm not much help. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, February 12, 2010 12:11 PM To: grantb@ci.yelm.wa.us; Brent Dille Subject: RE: Smith v. Yelm Sorry to bother you guys, but I REALLY need a response today on this. If Monday is a holiday and Grant will not be available, I would like to have this information to work on the brief and proposed resolution. Can someone answer today? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: Smith v. Yelm Date: Fri, 12 Feb 2010 10:26:04 -0800 Hi: Hope you don't think I'm being too hard on our friend Cushman. Say, I know that Grant gave me all the docs in this case, but I didn't have time to sit down and print them all off. Can someone send me the doc you were talking about the other night -- the agreement between the SMiths and the developer re: their responsibilities? Also, I think I have only found the warranty re: the maintenance of the improvements. Is there a warranty agreement for performance (construction of the improvements)? Thanks. 3/10/2010 Page 2 of 2 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 12, 2010 12:11 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Smith v. Yelm Sorry to bother you guys, but I REALLY need a response today on this. If Monday is a holiday and Grant will not be available, I would like to have this information to work on the brief and proposed resolution. Can someone answer today? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: Smith v. Yelm Date: Fri, 12 Feb 2010 10:26:04 -0800 Hi: Hope you don't think I'm being too hard on our friend Cushman. Say, I know that Grant gave me all the docs in this case, but I didn't have time to sit down and print them all off. Can someone send me the doc you were talking about the other night -- the agreement between the SMiths and the developer re: their responsibilities? Also, I think I have only found the warranty re: the maintenance of the improvements. Is there a warranty agreement for performance (construction of the improvements)? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 12, 2010 10:26 AM To: Grant Beck; bdille@owensdavies.com Subject: Smith v. Yelm Hi: Hope you don't think I'm being too hard on our friend Cushman. Say, I know that Grant gave me all the docs in this case, but I didn't have time to sit down and print them all off. Can someone send me the doc you were talking about the other night -- the agreement between the SMiths and the developer re: their responsibilities? Also, I think I have only found the warranty re: the maintenance of the improvements. Is there a warranty agreement for performance (construction of the improvements)? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Thursday, February 11, 2010 12:16 PM To: Tami Merriman Subject: FW: Smith v. Beck, et al. Attachments: CCF02112010_000OO.pdf Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 12:11 PM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. Attached is a revised first page of the letter with the correct date. I have been hired to represent both the City of Yelm and Grant Beck. My representation of both began in December, 2009 when Mr. Cushman improperly filed the lawsuit against Grant Beck for actions he took within the scope of his employment with the City of Yelm. As everyone should be aware, I filed a motion for a protective order, and during this hearing, the court found that the plaintiffs improperly and prematurely filed the lawsuit against Mr. Beck. All of the posturing by Mr. Cushman in his letters about what Mr. Beck has been doing "through his attorney" is just that -- a transparent attempt to justify the improper filing of a lawsuit against Mr. Beck personally. As to the question re: how the plat amendment pertains to the lawsuit, your guess is as good as mine. The developer, and now the new owner of the property (the bank) are clearly required to install the improvements that were conditions of the preliminary plat approval. This is in the Hearing Examiner's decision. If you don't have a copy, I would be happy to provide it to you. It is clear to me that the lawsuit was filed against the City only because the plaintiffs have been unable to obtain relief from the developer, and are now blaming the City and Mr. Beck for the developer's failure to perform. As to the question how the plat amendment will affect the claims and damages, again, your guess is as good as mine. The lawsuit against the City and Mr. Beck is frivolous, and I expect the other defendants feel the same way as to the claims filed by the plaintiffs against them. I don't intend to participate in any "conversation" about this issue involving Mr. Cushman that will then be used by Mr. Cushman to formulate new claims in another amended complaint. As to the materials that I will be submitting to the City Council, I have described them to you by phone and in my letter. I provided you with notice that I would be making a recommendation to the Council that the Council accept legal briefing on the issues I discussed with you (and described in my letter), prior to the Council's meeting. You were aware of the date of the meeting, and apparently sent Mr. Smith to attend the meeting. During that meeting, the Council established a date for submission of these briefs. You were not there, and did not object. You submitted a letter to the City (which I received the next day), and you did not ask for any kind of a briefing 3/10/2010 Page 2 of 3 schedule. There is no Council meeting before February 23, 2010, so there is Council to establish a briefing schedule that would allow you to reply. If you you want the Council to delay their action so that it occurs at the Council me 23, 2010, so that they can establish a briefing schedule for you, let me know. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 no way to ask the are now asking that eting AFTER February From: Doreen Milward@cushmanlaw.com To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com CC: bencushman@cushmanlaw.com Date: Thu, 11 Feb 2010 11:26:02 -0800 Subject: RE: Smith v. Beck, et al. This email concerns the information discussed in your attached letter (we don't need a mailed copy, but it should be redated as February 11), and the need to alert the other Defendants in this case about our clients' pending plat amendment request, as a denial could certainly affect the lawsuit claims, and makes a huge difference in the total amount of damages that would be claimed. I am delivering the following messages through Ben in his absence: Is the City's Attorney Brent Dille still also representing Yelm? We are unclear if or how the Smiths' plat amendment application pertains to the lawsuit and if so, whether the other Defendants would also like to weigh in with "legal briefing" to the Yelm City Council? I don't believe these Defendants and their counsel have a sufficient background as to how a denial of the plat amendment could affect the claims and damages, and am copying this reply to all to start that conversation, and offering to email PDF documents if requested. We also do not understand what it is that you will be submitting to the Yelm City Council. We submitted the plat amendment application months ago and there has been considerable discussion about it by the Council, as well as post-hearing engineering work done between Parametrix, Yelm Public Works, and State Dept. of Health. It would then seem that your submittal is one to which we REPLY; therefore, we would appreciate your providing the information a few days prior to the February 16 date. Doreen Milward From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 10:21 AM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: Ben Cushman Subject: RE: Smith v. Beck, et al. 3/10/2010 Page 3 of 3 See attached. I will not be mailing this unless someone asks me to do so. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Thursday, February 11, 2010 12:16 PM To: Shelly Badger; Ron Harding Subject: FW: Smith v. Beck, et al. Attachments: CCF02112010_000OO.pdf Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 12:11 PM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. Attached is a revised first page of the letter with the correct date. I have been hired to represent both the City of Yelm and Grant Beck. My representation of both began in December, 2009 when Mr. Cushman improperly filed the lawsuit against Grant Beck for actions he took within the scope of his employment with the City of Yelm. As everyone should be aware, I filed a motion for a protective order, and during this hearing, the court found that the plaintiffs improperly and prematurely filed the lawsuit against Mr. Beck. All of the posturing by Mr. Cushman in his letters about what Mr. Beck has been doing "through his attorney" is just that -- a transparent attempt to justify the improper filing of a lawsuit against Mr. Beck personally. As to the question re: how the plat amendment pertains to the lawsuit, your guess is as good as mine. The developer, and now the new owner of the property (the bank) are clearly required to install the improvements that were conditions of the preliminary plat approval. This is in the Hearing Examiner's decision. If you don't have a copy, I would be happy to provide it to you. It is clear to me that the lawsuit was filed against the City only because the plaintiffs have been unable to obtain relief from the developer, and are now blaming the City and Mr. Beck for the developer's failure to perform. As to the question how the plat amendment will affect the claims and damages, again, your guess is as good as mine. The lawsuit against the City and Mr. Beck is frivolous, and I expect the other defendants feel the same way as to the claims filed by the plaintiffs against them. I don't intend to participate in any "conversation" about this issue involving Mr. Cushman that will then be used by Mr. Cushman to formulate new claims in another amended complaint. As to the materials that I will be submitting to the City Council, I have described them to you by phone and in my letter. I provided you with notice that I would be making a recommendation to the Council that the Council accept legal briefing on the issues I discussed with you (and described in my letter), prior to the Council's meeting. You were aware of the date of the meeting, and apparently sent Mr. Smith to attend the meeting. During that meeting, the Council established a date for submission of these briefs. You were not there, and did not object. You submitted a letter to the City (which I received the next day), and you did not ask for any kind of a briefing 3/10/2010 Page 2 of 3 schedule. There is no Council meeting before February 23, 2010, so there is Council to establish a briefing schedule that would allow you to reply. If you you want the Council to delay their action so that it occurs at the Council me 23, 2010, so that they can establish a briefing schedule for you, let me know. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 no way to ask the are now asking that eting AFTER February From: Doreen Milward@cushmanlaw.com To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com CC: bencushman@cushmanlaw.com Date: Thu, 11 Feb 2010 11:26:02 -0800 Subject: RE: Smith v. Beck, et al. This email concerns the information discussed in your attached letter (we don't need a mailed copy, but it should be redated as February 11), and the need to alert the other Defendants in this case about our clients' pending plat amendment request, as a denial could certainly affect the lawsuit claims, and makes a huge difference in the total amount of damages that would be claimed. I am delivering the following messages through Ben in his absence: Is the City's Attorney Brent Dille still also representing Yelm? We are unclear if or how the Smiths' plat amendment application pertains to the lawsuit and if so, whether the other Defendants would also like to weigh in with "legal briefing" to the Yelm City Council? I don't believe these Defendants and their counsel have a sufficient background as to how a denial of the plat amendment could affect the claims and damages, and am copying this reply to all to start that conversation, and offering to email PDF documents if requested. We also do not understand what it is that you will be submitting to the Yelm City Council. We submitted the plat amendment application months ago and there has been considerable discussion about it by the Council, as well as post-hearing engineering work done between Parametrix, Yelm Public Works, and State Dept. of Health. It would then seem that your submittal is one to which we REPLY; therefore, we would appreciate your providing the information a few days prior to the February 16 date. Doreen Milward From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 10:21 AM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: Ben Cushman Subject: RE: Smith v. Beck, et al. 3/10/2010 Page 3 of 3 See attached. I will not be mailing this unless someone asks me to do so. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 12:11 PM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. Attachments: CCF02112010_000OO.pdf Attached is a revised first page of the letter with the correct date. I have been hired to represent both the City of Yelm and Grant Beck. My representation of both began in December, 2009 when Mr. Cushman improperly filed the lawsuit against Grant Beck for actions he took within the scope of his employment with the City of Yelm. As everyone should be aware, I filed a motion for a protective order, and during this hearing, the court found that the plaintiffs improperly and prematurely filed the lawsuit against Mr. Beck. All of the posturing by Mr. Cushman in his letters about what Mr. Beck has been doing "through his attorney" is just that -- a transparent attempt to justify the improper filing of a lawsuit against Mr. Beck personally. As to the question re: how the plat amendment pertains to the lawsuit, your guess is as good as mine. The developer, and now the new owner of the property (the bank) are clearly required to install the improvements that were conditions of the preliminary plat approval. This is in the Hearing Examiner's decision. If you don't have a copy, I would be happy to provide it to you. It is clear to me that the lawsuit was filed against the City only because the plaintiffs have been unable to obtain relief from the developer, and are now blaming the City and Mr. Beck for the developer's failure to perform. As to the question how the plat amendment will affect the claims and damages, again, your guess is as good as mine. The lawsuit against the City and Mr. Beck is frivolous, and I expect the other defendants feel the same way as to the claims filed by the plaintiffs against them. I don't intend to participate in any "conversation" about this issue involving Mr. Cushman that will then be used by Mr. Cushman to formulate new claims in another amended complaint. As to the materials that I will be submitting to the City Council, I have described them to you by phone and in my letter. I provided you with notice that I would be making a recommendation to the Council that the Council accept legal briefing on the issues I discussed with you (and described in my letter), prior to the Council's meeting. You were aware of the date of the meeting, and apparently sent Mr. Smith to attend the meeting. During that meeting, the Council established a date for submission of these briefs. You were not there, and did not object. You submitted a letter to the City (which I received the next day), and you did not ask for any kind of a briefing schedule. There is no Council meeting before February 23, 2010, so there is no way to ask the Council to establish a briefing schedule that would allow you to reply. If you are now asking that you want the Council to delay their action so that it occurs at the Council meeting AFTER February 23, 2010, so that they can establish a briefing schedule for you, let me know. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 3 From: Doreen Milward@cushmanlaw.com To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com CC: bencushman@cushmanlaw.com Date: Thu, 11 Feb 2010 11:26:02 -0800 Subject: RE: Smith v. Beck, et al. This email concerns the information discussed in your attached letter (we don't need a mailed copy, but it should be redated as February 11), and the need to alert the other Defendants in this case about our clients' pending plat amendment request, as a denial could certainly affect the lawsuit claims, and makes a huge difference in the total amount of damages that would be claimed. I am delivering the following messages through Ben in his absence: Is the City's Attorney Brent Dille still also representing Yelm? We are unclear if or how the Smiths' plat amendment application pertains to the lawsuit and if so, whether the other Defendants would also like to weigh in with "legal briefing" to the Yelm City Council? I don't believe these Defendants and their counsel have a sufficient background as to how a denial of the plat amendment could affect the claims and damages, and am copying this reply to all to start that conversation, and offering to email PDF documents if requested. We also do not understand what it is that you will be submitting to the Yelm City Council. We submitted the plat amendment application months ago and there has been considerable discussion about it by the Council, as well as post-hearing engineering work done between Parametrix, Yelm Public Works, and State Dept. of Health. It would then seem that your submittal is one to which we REPLY; therefore, we would appreciate your providing the information a few days prior to the February 16 date. Doreen Milward From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 10:21 AM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: Ben Cushman Subject: RE: Smith v. Beck, et al. See attached. I will not be mailing this unless someone asks me to do so. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 3 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, February 11, 2010 10:25 AM To: Shelly Badger; Ron Harding Subject: FW: Smith v. Beck, et al. Attachments: CCF02112010_000OO.pdf FYI . Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 10:21 AM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. See attached. I will not be mailing this unless someone asks me to do so. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, February 11, 2010 10:21 AM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com Cc: bencushman@cushmanlaw.com Subject: RE: Smith v. Beck, et al. Attachments: CCF02112010_000OO.pdf See attached. I will not be mailing this unless someone asks me to do so. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; Mac@leesmart.com; kjp@leesmart.com; mike@jmmorganlaw.com > CC: bencushman@cushmanlaw.com > Date: Tue, 9 Feb 2010 17:36:19 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is a Second Declaration of Ben Cushman for Plaintiffs' Motion for Leave to Amend this Friday, which has amended our proposed Amended Complaint. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, February 10, 2010 2:29 PM To: Carol Morris; Grant Beck Subject: RE: Smith v. Yelm Confidential Thanks Carol! I think it looks fine. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, February 10, 2010 1:24 PM To: grantb@ci.yelm.wa.us; Brent Dille Cc: Janice howard Subject: Smith v. Yelm Confidential Hi: Here is my understanding of where we are now: 1. The Council authorized us to proceed with a code enforcement action against the property owners (including the Smiths) so that we can enforce the plat conditions and ensure that the bank doesn't sell any lots to any unsuspecting purchasers (who might pay full value for the lot, thinking that all of the plat improvements such as water have been installed). Brent and Grant will get a Notice of Violation to me tomorrow to review. 2. Here is a draft letter I plan to send to the Smith's attorney, to incorporate the Council's decision last night to accept additional legal briefing on the legal issues involved in this appeal. 3. The City isn't going to object to the amendment of the complaint, given that such amendments (at this point in the litigation anyway) are "freely granted" by the court. 4. I will finish drafting the proposed resolution for the Council's decision. Anything else? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 10, 2010 1:24 PM To: Grant Beck; bdille@owensdavies.com Cc: Janice howard Subject: Smith v. Yelm Confidential Attachments: Cushman letter.doc Hi: Here is my understanding of where we are now: 1. The Council authorized us to proceed with a code enforcement action against the property owners (including the Smiths) so that we can enforce the plat conditions and ensure that the bank doesn't sell any lots to any unsuspecting purchasers (who might pay full value for the lot, thinking that all of the plat improvements such as water have been installed). Brent and Grant will get a Notice of Violation to me tomorrow to review. 2. Here is a draft letter I plan to send to the Smith's attorney, to incorporate the Council's decision last night to accept additional legal briefing on the legal issues involved in this appeal. 3. The City isn't going to object to the amendment of the complaint, given that such amendments (at this point in the litigation anyway) are "freely granted" by the court. 4. I will finish drafting the proposed resolution for the Council's decision. Anything else? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, February 09, 2010 11:11 AM To: Grant Beck Subject: FW: Smith request for plat alteration More Cushman antics. From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 5:15 PM To: bencushman@cushmanlaw.com Cc: Brent Dille; grantb@ci.yelm.wa.us; doreenmilward@cushmanlaw.com; smith_a_c@msn.com Subject: RE: Smith request for plat alteration Mr. Cushman: What is the basis of your objection to my submission of briefing, when I have informed you that you could also submit a brief? What is the basis for your argument that the Council has to close the record to further briefing, when you failed to address the legal issues presented by your client's application? Your position makes no sense. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: bdille@owensdavies.com; grantb@ci.yelm.wa.us; DoreenMilward@cushmanlaw.com; smith_a_c@msn.com Date: Mon, 8 Feb 2010 15:07:23 -0800 Subject: RE: Smith request for plat alteration Ms. Morris - As I told you on the phone, we do not believe that a continuance is necessary. In fact, a further continuance would be nothing more than a continuance of Mr. Beck's improper policy of delay, when delay amounts to denial. That said, we will object to any additional briefing or supplementation of the record you plan to submit. In the event you submit additional briefing, we reserve the right to respond to it without further delay, and will insist that the Council either close the record to any additional briefing or allow us to submit additional briefing as well, without further delay. Ben Cushman 3/10/2010 Page 2 of 3 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 2:54 PM To: Ben Cushman Cc: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith request for plat alteration Mr. Cushman: As I mentioned in our phone conversation, it is my understanding that your clients are requesting alteration of a final plat. However, your clients never identified the correct criteria for amendment of a final plat in their application for a plat alteration. See, RCW 58.17.215. In addition, your clients are requesting aleration of a final plat that is subject to the doctrine of res judicata, similar to the application submitted to the county in West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000). However, you have not submitted any legal argument to the Council distinguishing the facts in the Smith application with the facts in West Coast. The Yelm City Council is ready to act on your clients' application tomorrow night at their regularly scheduled council meeting. I called you today to find out whether this notice is adequate for your clients to attend the hearing. I also called to find out whether you are interested in providing additional briefing to the Council on these legal issues. I will be raising these legal issues in a brief to the City Council. It is my understanding from our telephone conversation that you refuse to express your preference as to whether or not the Council should reschedule its action on the plat alteration until it has had the benefit of additional briefing from the parties. You asked me to submit my brief to you, so that you could submit a "pocket brief" to the Council. You expressed your belief that it doesn't matter when the Council acts or whether it receives such briefing, because the Council isn't inclined to "go your way." I explained that if I were to provide a brief to the Council, they would not have a great deal of time to read it before the meeting tomorrow night, but they would have no time at all to read your "pocket brief" before their action. Given the contradictory allegations in the Complaint, I assume that if we proceed to action tomorrow night, you would argue to a court that the City didn't provide you with adequate notice so that you could have submitted the necessary briefing/information to the Council before their final action. I will be recommending to the City Council that the deficiencies in your clients' application must be addressed with legal argument on the issues identified in this e-mail, and that their final action on this matter should be postponed until the next City Council meeting so that the parties can submit additional briefing on them. Feel free to object to the fact that I am asking the Council for additional time so that you can provide them with information that you should have included in your original application. Let me know if you have any questions. I assume you and your clients will not need any additional notice of the Council's action on their application at the next City Council meeting. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 3 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, February 09, 2010 11:10 AM To: Grant Beck Subject: FW: Smith request for plat alteration FYI From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 2:54 PM To: bencushman@cushmanlaw.com Cc: Brent Dille; grantb@ci.yelm.wa.us Subject: Smith request for plat alteration Mr. Cushman: As I mentioned in our phone conversation, it is my understanding that your clients are requesting alteration of a final plat. However, your clients never identified the correct criteria for amendment of a final plat in their application for a plat alteration. See, RCW 58.17.215. In addition, your clients are requesting aleration of a final plat that is subject to the doctrine of res judicata, similar to the application submitted to the county in West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000). However, you have not submitted any legal argument to the Council distinguishing the facts in the Smith application with the facts in West Coast. The Yelm City Council is ready to act on your clients' application tomorrow night at their regularly scheduled council meeting. I called you today to find out whether this notice is adequate for your clients to attend the hearing. I also called to find out whether you are interested in providing additional briefing to the Council on these legal issues. I will be raising these legal issues in a brief to the City Council. It is my understanding from our telephone conversation that you refuse to express your preference as to whether or not the Council should reschedule its action on the plat alteration until it has had the benefit of additional briefing from the parties. You asked me to submit my brief to you, so that you could submit a "pocket brief" to the Council. You expressed your belief that it doesn't matter when the Council acts or whether it receives such briefing, because the Council isn't inclined to "go your way." I explained that if I were to provide a brief to the Council, they would not have a great deal of time to read it before the meeting tomorrow night, but they would have no time at all to read your "pocket brief" before their action. Given the contradictory allegations in the Complaint, I assume that if we proceed to action tomorrow night, you would argue to a court that the City didn't provide you with adequate notice so that you could have submitted the necessary briefing/information to the Council before their final action. I will be recommending to the City Council that the deficiencies in your clients' application must be addressed with legal argument on the issues identified in this e-mail, and that their final action on this matter should be postponed until the next City Council meeting so that the parties can submit additional briefing on them. Feel free to object to the fact that I am asking the Council for additional time so that you can provide them with information that you should have included in your original application. Let me know if you have any questions. I assume you and your clients will not need any additional notice of the Council's action on their application at the next City Council meeting. 3/10/2010 Page 2 of 2 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Ron Harding Sent: Tuesday, February 09, 2010 10:12 AM To: Grant Beck Subject: RE: Pictures ok From: Grant Beck Sent: Tue 2/9/2010 8:52 AM To: Ron Harding Cc: Shelly Badger Subject: RE: Pictures Ron - I will plan on setting up the projector and screen for you, but I may not be able to stay for the presentation, depending on issues with Palisades and our new recording software installation. If I can't stay, I will ask Shelly to bring the equipment back to City Hall. Also, if you have a half an hour sometime in the afternoon, I need to update you on both issues. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Tuesday, February 09, 2010 8:49 AM To: Grant Beck Subject: RE: Pictures Thanks From: Grant Beck Sent: Tue 2/9/2010 8:31 AM To: Ron Harding Subject: Pictures I think these the ones you were thinking of... If not let me know and I'll keep looking. 3/10/2010 Page 2 of 2 Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Tuesday, February 09, 2010 8:55 AM To: Grant Beck Subject: RE: Pictures Grant, nothing on my end to add to the prep for State of the City. I see that Steph sent him pictures and material yesterday. Thanks! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, February 09, 2010 8:53 AM To: Ron Harding Cc: Shelly Badger Subject: RE: Pictures Ron - I will plan on setting up the projector and screen for you, but I may not be able to stay for the presentation, depending on issues with Palisades and our new recording software installation. If I can't stay, I will ask Shelly to bring the equipment back to City Hall. Also, if you have a half an hour sometime in the afternoon, I need to update you on both issues. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Tuesday, February 09, 2010 8:49 AM To: Grant Beck Subject: RE: Pictures Thanks From: Grant Beck Sent: Tue 2/9/2010 8:31 AM To: Ron Harding 3/10/2010 Page 2 of 2 Subject: Pictures I think these the ones you were thinking of... If not let me know and I'll keep looking. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Dick Ditlevson [DickD@buddbaylaw.com] Sent: Monday, February 08, 2010 5:33 PM To: Grant Beck Subject: Chamberlain Hi Grant, Could you forward the "Warranty Agreement" which you mentioned that Steve signed in your letter of January 22, 2010 regarding the Revocation of the Palisades Plat? Thanks, Dick Ditlevson Rodgers Dixon, P.S. 324 West Bay Dr NW, Ste. 201 Olympia, WA 98502 (360) 352-8311 phone (360) 352-8501 fax http://www.buddbaylaw.com This a-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510-2521, is confidential and may contain attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This a-mail is intended only for the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any interception, retention, dissemination, distribution or copying of this communication is strictly prohibited and will subject you to compensatory and punitive damages. Please reply to the sender if you have received the message in error, then delete it and any and all copies. Thank you. 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 08, 2010 5:15 PM To: bencushman@cushmanlaw.com Cc: bdille@owensdavies.com; Grant Beck; doreenmilward@cushmanlaw.com; smith_a_c@msn.com Subject: RE: Smith request for plat alteration Mr. Cushman: What is the basis of your objection to my submission of briefing, when I have informed you that you could also submit a brief? What is the basis for your argument that the Council has to close the record to further briefing, when you failed to address the legal issues presented by your client's application? Your position makes no sense. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: bdille@owensdavies.com; grantb@ci.yelm.wa.us; DoreenMilward@cushmanlaw.com; smith_a_c@msn.com Date: Mon, 8 Feb 2010 15:07:23 -0800 Subject: RE: Smith request for plat alteration Ms. Morris - As I told you on the phone, we do not believe that a continuance is necessary. In fact, a further continuance would be nothing more than a continuance of Mr. Beck's improper policy of delay, when delay amounts to denial. That said, we will object to any additional briefing or supplementation of the record you plan to submit. In the event you submit additional briefing, we reserve the right to respond to it without further delay, and will insist that the Council either close the record to any additional briefing or allow us to submit additional briefing as well, without further delay. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 2:54 PM To: Ben Cushman Cc: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith request for plat alteration 3/10/2010 Page 2 of 2 Mr. Cushman: As I mentioned in our phone conversation, it is my understanding that your clients are requesting alteration of a final plat. However, your clients never identified the correct criteria for amendment of a final plat in their application for a plat alteration. See, RCW 58.17.215. In addition, your clients are requesting aleration of a final plat that is subject to the doctrine of res judicata, similar to the application submitted to the county in West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000). However, you have not submitted any legal argument to the Council distinguishing the facts in the Smith application with the facts in West Coast. The Yelm City Council is ready to act on your clients' application tomorrow night at their regularly scheduled council meeting. I called you today to find out whether this notice is adequate for your clients to attend the hearing. I also called to find out whether you are interested in providing additional briefing to the Council on these legal issues. I will be raising these legal issues in a brief to the City Council. It is my understanding from our telephone conversation that you refuse to express your preference as to whether or not the Council should reschedule its action on the plat alteration until it has had the benefit of additional briefing from the parties. You asked me to submit my brief to you, so that you could submit a "pocket brief" to the Council. You expressed your belief that it doesn't matter when the Council acts or whether it receives such briefing, because the Council isn't inclined to "go your way." I explained that if I were to provide a brief to the Council, they would not have a great deal of time to read it before the meeting tomorrow night, but they would have no time at all to read your "pocket brief" before their action. Given the contradictory allegations in the Complaint, I assume that if we proceed to action tomorrow night, you would argue to a court that the City didn't provide you with adequate notice so that you could have submitted the necessary briefing/information to the Council before their final action. I will be recommending to the City Council that the deficiencies in your clients' application must be addressed with legal argument on the issues identified in this e-mail, and that their final action on this matter should be postponed until the next City Council meeting so that the parties can submit additional briefing on them. Feel free to object to the fact that I am asking the Council for additional time so that you can provide them with information that you should have included in your original application. Let me know if you have any questions. I assume you and your clients will not need any additional notice of the Council's action on their application at the next City Council meeting. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Ben Cushman [bencushman@cushmanlaw.com] Sent: Monday, February 08, 2010 3:07 PM To: Carol Morris Cc: bdille@owensdavies.com; Grant Beck; Doreen Milward; smith_a_c@msn.com Subject: RE: Smith request for plat alteration Ms. Morris - As I told you on the phone, we do not believe that a continuance is necessary. In fact, a further continuance would be nothing more than a continuance of Mr. Beck's improper policy of delay, when delay amounts to denial. That said, we will object to any additional briefing or supplementation of the record you plan to submit. In the event you submit additional briefing, we reserve the right to respond to it without further delay, and will insist that the Council either close the record to any additional briefing or allow us to submit additional briefing as well, without further delay. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 2:54 PM To: Ben Cushman Cc: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith request for plat alteration Mr. Cushman: As I mentioned in our phone conversation, it is my understanding that your clients are requesting alteration of a final plat. However, your clients never identified the correct criteria for amendment of a final plat in their application for a plat alteration. See, RCW 58.17.215. In addition, your clients are requesting aleration of a final plat that is subject to the doctrine of res judicata, similar to the application submitted to the county in West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000). However, you have not submitted any legal argument to the Council distinguishing the facts in the Smith application with the facts in West Coast. The Yelm City Council is ready to act on your clients' application tomorrow night at their regularly scheduled council meeting. I called you today to find out whether this notice is adequate for your clients to attend the hearing. I also called to find out whether you are interested in providing additional briefing to the Council on these legal issues. I will be raising these legal issues in a brief to the City Council. It is my understanding from our telephone conversation that you refuse to express your preference as to whether or not the Council should reschedule its action on the plat alteration until it has had the benefit of additional briefing from the parties. You asked me to submit my brief to you, so that you could submit a "pocket brief" to the Council. You expressed your belief that it doesn't matter when the Council acts or whether it receives such briefing, because the Council isn't inclined to "go your way." I explained that if I were to provide a brief to the Council, they would not have a great deal of time to read it before the meeting tomorrow night, but they would have no time at all to read your "pocket brief" before their action. Given the contradictory allegations in the Complaint, I assume that if we proceed to action tomorrow night, you would argue to a court that the City didn't 3/10/2010 Page 2 of 2 provide you with adequate notice so that you could have submitted the necessary briefing/information to the Council before their final action. I will be recommending to the City Council that the deficiencies in your clients' application must be addressed with legal argument on the issues identified in this e-mail, and that their final action on this matter should be postponed until the next City Council meeting so that the parties can submit additional briefing on them. Feel free to object to the fact that I am asking the Council for additional time so that you can provide them with information that you should have included in your original application. Let me know if you have any questions. I assume you and your clients will not need any additional notice of the Council's action on their application at the next City Council meeting. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 08, 2010 2:54 PM To: bencushman@cushmanlaw.com Cc: bdille@owensdavies.com; Grant Beck Subject: Smith request for plat alteration Mr. Cushman: As I mentioned in our phone conversation, it is my understanding that your clients are requesting alteration of a final plat. However, your clients never identified the correct criteria for amendment of a final plat in their application for a plat alteration. See, RCW 58.17.215. In addition, your clients are requesting aleration of a final plat that is subject to the doctrine of res judicata, similar to the application submitted to the county in West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000). However, you have not submitted any legal argument to the Council distinguishing the facts in the Smith application with the facts in West Coast. The Yelm City Council is ready to act on your clients' application tomorrow night at their regularly scheduled council meeting. I called you today to find out whether this notice is adequate for your clients to attend the hearing. I also called to find out whether you are interested in providing additional briefing to the Council on these legal issues. I will be raising these legal issues in a brief to the City Council. It is my understanding from our telephone conversation that you refuse to express your preference as to whether or not the Council should reschedule its action on the plat alteration until it has had the benefit of additional briefing from the parties. You asked me to submit my brief to you, so that you could submit a "pocket brief" to the Council. You expressed your belief that it doesn't matter when the Council acts or whether it receives such briefing, because the Council isn't inclined to "go your way." I explained that if I were to provide a brief to the Council, they would not have a great deal of time to read it before the meeting tomorrow night, but they would have no time at all to read your "pocket brief" before their action. Given the contradictory allegations in the Complaint, I assume that if we proceed to action tomorrow night, you would argue to a court that the City didn't provide you with adequate notice so that you could have submitted the necessary briefing/information to the Council before their final action. I will be recommending to the City Council that the deficiencies in your clients' application must be addressed with legal argument on the issues identified in this e-mail, and that their final action on this matter should be postponed until the next City Council meeting so that the parties can submit additional briefing on them. Feel free to object to the fact that I am asking the Council for additional time so that you can provide them with information that you should have included in your original application. Let me know if you have any questions. I assume you and your clients will not need any additional notice of the Council's action on their application at the next City Council meeting. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 3/10/2010 Page 2 of 2 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 6 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 08, 2010 11:22 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Smith v. Beck, et al. CONFIDENTIAL HI: I need to know whether the Smiths were given notice of the hearing tomorrow. I also need to discuss a few things with Grant on the findings and conclusions. If we can't discuss the findings and conclusions, you should NOT include your resolution in the council packet. We should be reviewing applications based on the code critiera, and at this point I don't know what criteria you have been using for the plat amendment. The resolution includes the fact that the Smiths filed a claim against the City -- we don't want a reviewing court to think that is why the City denied the plat amendment. I REALLY need to discuss these issues with you both as soon as possible. Thanks Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Mon, 8 Feb 2010 10:05:56 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us Left a VM for Grant to call me and we'll conference you in. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 9:55 AM To: Brent Dille; grantb@ci.yelm.wa.us Subject: RE: Smith v. Beck, et al. Hi: I'm available now. If you could do the conference call, that would be great. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 6 Subject: RE: Smith v. Beck, et al. Date: Mon, 8 Feb 2010 08:18:19 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us I'm available anytime before noon. For some reason your revised plat alteration resolution did not come through until just now. Let me know if I need to dial in or if you will conference me in the call. Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 8:15 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: RE: Smith v. Beck, et al. HI: I would like to talk about the plat alteration today. I don't know if Brent is interested. Can we talk sometime before noon today? I will be available after 10:00. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us CC: lorim@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:50:05 -0800 Hi: would you please send me the section from the City's business license ordinance that you are 3/10/2010 Page 3 of 6 enforcing? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 4 of 6 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. 3/10/2010 Page 5 of 6 Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; Doreen Milward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. 3/10/2010 Page 6 of 6 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 5 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, February 08, 2010 10:06 AM To: Carol Morris; Grant Beck Subject: RE: Smith v. Beck, et al. Left a VM for Grant to call me and we'll conference you in. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 9:55 AM To: Brent Dille; grantb@ci.yelm.wa.us Subject: RE: Smith v. Beck, et al. Hi: I'm available now. If you could do the conference call, that would be great. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Mon, 8 Feb 2010 08:18:19 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us I'm available anytime before noon. For some reason your revised plat alteration resolution did not come through until just now. Let me know if I need to dial in or if you will conference me in the call Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com 3/10/2010 Page 2 of 5 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 8:15 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: RE: Smith v. Beck, et al. HI: I would like to talk about the plat alteration today. I don't know if Brent is interested. Can we talk sometime before noon today? I will be available after 10:00. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us CC: lorim@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:50:05 -0800 Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED 3/10/2010 Page 3 of 5 a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to 3/10/2010 Page 4 of 5 bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 5 of 5 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 5 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 08, 2010 9:55 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: Smith v. Beck, et al. Hi: I'm available now. If you could do the conference call, that would be great. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Mon, 8 Feb 2010 08:18:19 -0800 From: bdille@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us I'm available anytime before noon. For some reason your revised plat alteration resolution did not come through until just now. Let me know if I need to dial in or if you will conference me in the call. Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 8:15 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: RE: Smith v. Beck, et al. HI: I would like to talk about the plat alteration today. I don't know if Brent is interested. Can we talk sometime before noon today? I will be available after 10:00. 3/10/2010 Page 2 of 5 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us CC: lorim@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:50:05 -0800 Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 3 of 5 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 3/10/2010 Page 4 of 5 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. 3/10/2010 Page 5 of 5 I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 5 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, February 08, 2010 8:18 AM To: Carol Morris; Grant Beck Subject: RE: Smith v. Beck, et al. I'm available anytime before noon. For some reason your revised plat alteration resolution did not come through until just now. Let me know if I need to dial in or if you will conference me in the call. Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 08, 2010 8:15 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: RE: Smith v. Beck, et al. HI: I would like to talk about the plat alteration today. I don't know if Brent is interested. Can we talk sometime before noon today? I will be available after 10:00. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us CC: lorim@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:50:05 -0800 Hi: would you please send me the section from the City's business license ordinance that you are 3/10/2010 Page 2 of 5 enforcing? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 5 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. 3/10/2010 Page 4 of 5 Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; Doreen Milward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. 3/10/2010 Page 5 of 5 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 4 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 08, 2010 8:15 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. HI: I would like to talk about the plat alteration today. I don't know if Brent is interested. Can we talk sometime before noon today? I will be available after 10:00. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us CC: lorim@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:50:05 -0800 Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's 3/10/2010 Page 2 of 4 who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com 3/10/2010 Page 3 of 4 Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 3/10/2010 Page 4 of 4 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, February 05, 2010 11:01 AM To: Grant Beck; bdille@owensdavies.com; Janice howard Subject: FW: Smith v. Beck, et al. Attachments: Pltf Motion Docs to Amend Complaint 2-5-10.pdf see attached Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mike@jmmorganlaw.com; Mac@leesmart.com; kjp@leesmart.com > CC: bencushman@cushmanlaw.com > Date: Fri, 5 Feb 2010 10:53:54 -0800 > Subject: Smith v. Beck, et al. > Attached are Plaintiffs' documents for their Motion for Leave to Amend Complaint: > Notice of Issue -setting motion for Friday, 2/12/10, 9 am > Motion for Leave to Amend > Declaration of Cushman in Support (includes Ex. A -proposed Amended Complaint) > Proposed Order > Paper copies of these documents are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Thursday, February 04, 2010 9:46 PM To: Grant Beck; Tim Peterson Subject: Palisades West Water Booster Station Hi Guys, I received a call from Greg Definer at Pacific Engineering this afternoon. Apparently, the bank which has taken possession of Palisades West has directed him to redesign the booster station for the plat from scratch, rather than paying KPFF to use their design. This will require City plan review as well as project report review by the Department of Health. Do you want me to provide the plan review and coordinate with DOH? Please let me know, as Greg isfast-tracking this effort and will be seeking direction shortly. Thanks! Parametrix inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com ~~ Before printing, please think green. 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, February 04, 2010 3:36 PM To: Grant Beck; bdille@owensdavies.com Subject: plat alteration Attachments: draft decision on plat alteration Smith.docx Hi: Here is my first cut at this -- I couldn't finish because I didn't know what your criteria for plat alterations are. Also, we haven't talked about the sewage roll seal at all. Please take a look at this. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 3:57 PM To: Kathleen Herdlein Cc: Greg Diener Subject: Yelm Public Hearing Attachments: Letter 02032010.pdf Kathleen - Attached is a letter providing notice that the public hearing on the plat revocation has been cancelled. I will give you a call in the next day or so to discuss. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 3:42 PM To: 'Carol Morris'; bdille@owensdavies.com Subject: Draft Resolution Attachments: Resolution 508.doc For your review and comment. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 3:29 PM To: bdille@owensdavies.com Subject: Take two Attachments: Resolution 508.doc Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 1:16 PM To: bdille@owensdavies.com Subject: For your review Attachments: Letter to Bank.doc; Resolution 508.doc I'd like you to take a look before Carol shreds me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 03, 2010 11:33 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Smith v. Doe Confidential HI: Shouldn't we anticipate that the Bank might sell this property? Or, shouldn't we assume that the Bank's disorganization might cause it to sell some of the lots? My point is -- don't we still need to address the problem that is described in RCW 58.17.210? Even if we are not going to revoke the plat (because that would eliminate the Bank from the table and we need them to be on the hook for constructing the big fix or even the interim fix), don't we need to start an enforcement action and get the notice of violation recorded against the property so that we place any prospective purchasers on notice of the problem? Can you send me your code enforcement chapter for subdivisions? If you don't think it is adequate, will you look at Gig Harbor's (land use code violations) and see if we can adopt it in Yelm? Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com; janiceh@awcnet.org Subject: RE: Conference Call Confidential Date: Mon, 1 Feb 2010 11:19:42 -0800 Hi: Okay, here is our new strategy: 1. Grant will draft a short letter to the bank, informing them that the plat revocation hearing has been canceled until further notice and will inform the bank verbally as well. 2. Grant will schedule executive session at the Feb 9th council meeting for 1/2 hour to talk about the interim fix. The lawsuit against the city will probably be filed by that time. 3. We will discuss adding the bank as a party to the lawsuit, because they stand in the shoes of the developer. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 3/10/2010 Page 2 of 3 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Conference Call Confidential Date: Mon, 1 Feb 2010 10:49:29 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I just tried Brent and I suspect he is still in a meeting from this morning.... When are you headed out and when is your drop dead time for a call this morning? Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 01, 2010 10:24 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Conference Call Confidential Hi: Sorry about this a.m. I have a problem with my phone and Internet -- AND -- I couldn't find my cell phone. I turned it off on Friday when I was in court and forgot to turn it back on. My Internet is working now and I found the cell phone. But I have no phone service at the number below. Is there any chance of rescheduling the call? Here is my cell number: 206-719-0356. I have to leave this p.m. for Kennwick and I have to be in court there tomorrow, be back on Wed bright and early, if no one has time this am. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Conference Call Confidential Date: Fri, 29 Jan 2010 16:35:46 -0800 3/10/2010 Page 3 of 3 Okay with me. As I discussed with Grant, what we need to talk about is how to pursue enforcement. We could do the plat revocation, but that might not be effective (if the bank doesn't care). Perhaps we need to bring the bank in the lawsuit as a party? We also need to discuss what alternatives there might be to the lawsuit. Does the City have any money to construct the improvement ($15,000 worth) just to construct the improvement in order to give the occupancy permit to the Smiths, in order to get out of the lawsuit? Should we discuss this with AWC-RMSA? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Fri, 29 Jan 2010 16:31:31 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol/Brent - How does 8:30 AM Monday sound for a conference call? I will initiate it if that works for everyone. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 03, 2010 11:12 AM To: Grant Beck Subject: RE: Resolution Number The winning number today is 50 8 for the 9 10 meeting. How do you like that one? 508 From: Grant Beck Sent: Wednesday, February 03, 2010 11:06 AM To: Janine Schnepf Subject: Resolution Number Can I get one for the Palisades Plat Amendment? Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 11:06 AM To: Janine Schnepf Subject: Resolution Number Can I get one for the Palisades Plat Amendment? Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, February 03, 2010 10:21 AM To: Grant Beck; bdille@owensdavies.com; Janice howard Subject: FW: Smith v. Beck, et al. Attachments: NOA for Triance, Lee, State Farm 1-29-10.pdf; Answer fr Triance, Lee, State Farm 1-29- 10.pdf; NOA for Nieland & VanDorm 1-6-10.pdf; NOA for State Farm 12-17-09.pdf; NOA for Beck w Itr 12-23-09.pdf; Beck's Answer 1-6-10.pdf HI: see below and attached. I will not be mailing copies of these unless you can't open and print them. Let me know. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: DoreenMilward@cushmanlaw.com To: carol_a_morris@msn.com; mac@leesmart.com; kip@leesmart.com; ddunham@cranedunham.com; mike@jmmorganlaw.com CC: bencushman@cushmanlaw.com Date: Mon, 1 Feb 2010 18:12:57 -0800 Subject: Smith v. Beck, et al. Attached is the Notice of Appearance and Answer received from Defendants Triance Group, Dan Lee, and State Farm. By copy of this email to Mr. Dunham, I am asking if you are still also representing State Farm? By copy of this email to Mr. Morgan, I am relaying the parties' agreement that serving documents on counsel can be done by email, so long as it occurs on or before the required deadlines and that a paper copy is mailed on the same day, and am also sending you copies of the other Defendants' appearances and answers received so far. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw. com 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, February 02, 2010 11:53 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck Subject: 2-9-10 CC agenda -Approved -Palisades West/Exec Session Janine, please add an Executive Session to the agenda, prior to Old Business, to discuss pending litigation (30 minutes, Carol Morris will be here as legal counsel). Then under Old Business, add to the agenda: *Palisades West Subdivision Final Plat Amendment, Grant as presenter, 15 minutes. There will be a Resolution, but it will not be available until Thursday. This is a recommended action on the original subdivision final plat amendment request, which was the subject of a Public Hearing on Oct 13, 2009. Grant will provide an update on this issue and the recommended action to Mayor Ron, me and Janine on Thursday morning, 2-4, at the beginning of my meeting with Ron, beginning at 9:30 AM. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 01, 2010 11:20 AM To: Grant Beck; bdille@owensdavies.com; Janice howard Subject: RE: Conference Call Confidential Hi: Okay, here is our new strategy: 1. Grant will draft a short letter to the bank, informing them that the plat revocation hearing has been canceled until further notice and will inform the bank verbally as well. 2. Grant will schedule executive session at the Feb 9th council meeting for 1/2 hour to talk about the interim fix. The lawsuit against the city will probably be filed by that time. 3. We will discuss adding the bank as a party to the lawsuit, because they stand in the shoes of the developer. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Conference Call Confidential Date: Mon, 1 Feb 2010 10:49:29 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I just tried Brent and I suspect he is still in a meeting from this morning.... When are you headed out and when is your drop dead time for a call this morning? Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 01, 2010 10:24 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Conference Call Confidential 3/10/2010 Page 2 of 3 Hi: Sorry about this a.m. I have a problem with my phone and Internet -- AND -- I couldn't find my cell phone. I turned it off on Friday when I was in court and forgot to turn it back on. My Internet is working now and I found the cell phone. But I have no phone service at the number below. Is there any chance of rescheduling the call? Here is my cell number: 206-719-0356. I have to leave this p.m. for Kennwick and I have to be in court there tomorrow, be back on Wed bright and early, if no one has time this am. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Conference Call Confidential Date: Fri, 29 Jan 2010 16:35:46 -0800 Okay with me. As I discussed with Grant, what we need to talk about is how to pursue enforcement. We could do the plat revocation, but that might not be effective (if the bank doesn't care). Perhaps we need to bring the bank in the lawsuit as a party? We also need to discuss what alternatives there might be to the lawsuit. Does the City have any money to construct the improvement ($15,000 worth) just to construct the improvement in order to give the occupancy permit to the Smiths, in order to get out of the lawsuit? Should we discuss this with AWC-RMSA? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Fri, 29 Jan 2010 16:31:31 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol/Brent - How does 8:30 AM Monday sound for a conference call? I will initiate it if that works for everyone. 3/10/2010 Page 3 of 3 Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, February 01, 2010 10:49 AM To: 'Carol Morris'; bdille@owensdavies.com Subject: RE: Conference Call Confidential Carol - I just tried Brent and I suspect he is still in a meeting from this morning.... When are you headed out and when is your drop dead time for a call this morning? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, February 01, 2010 10:24 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Conference Call Confidential Hi: Sorry about this a.m. I have a problem with my phone and Internet -- AND -- I couldn't find my cell phone. I turned it off on Friday when I was in court and forgot to turn it back on. My Internet is working now and I found the cell phone. But I have no phone service at the number below. Is there any chance of rescheduling the call? Here is my cell number: 206-719-0356. I have to leave this p.m. for Kennwick and I have to be in court there tomorrow, be back on Wed bright and early, if no one has time this am. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Conference Call Confidential Date: Fri, 29 Jan 2010 16:35:46 -0800 Okay with me. As I discussed with Grant, what we need to talk about is how to pursue enforcement. We could do the plat revocation, but that might not be effective (if the bank doesn't 3/10/2010 Page 2 of 2 care). Perhaps we need to bring the bank in the lawsuit as a party? We also need to discuss what alternatives there might be to the lawsuit. Does the City have any money to construct the improvement ($15,000 worth) just to construct the improvement in order to give the occupancy permit to the Smiths, in order to get out of the lawsuit? Should we discuss this with AWC-RMSA? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Fri, 29 Jan 2010 16:31:31 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol/Brent - How does 8:30 AM Monday sound for a conference call? I will initiate it if that works for everyone. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, February 01, 2010 10:24 AM To: Grant Beck; bdille@owensdavies.com Subject: RE: Conference Call Confidential Hi: Sorry about this a.m. I have a problem with my phone and Internet -- AND -- I couldn't find my cell phone. I turned it off on Friday when I was in court and forgot to turn it back on. My Internet is working now and I found the cell phone. But I have no phone service at the number below. Is there any chance of rescheduling the call? Here is my cell number: 206-719-0356. I have to leave this p.m. for Kennwick and I have to be in court there tomorrow, be back on Wed bright and early, if no one has time this am. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: grantb@ci.yelm.wa.us; bdille@owensdavies.com Subject: RE: Conference Call Confidential Date: Fri, 29 Jan 2010 16:35:46 -0800 Okay with me. As I discussed with Grant, what we need to talk about is how to pursue enforcement. We could do the plat revocation, but that might not be effective (if the bank doesn't care). Perhaps we need to bring the bank in the lawsuit as a party? We also need to discuss what alternatives there might be to the lawsuit. Does the City have any money to construct the improvement ($15,000 worth) just to construct the improvement in order to give the occupancy permit to the Smiths, in order to get out of the lawsuit? Should we discuss this with AWC-RMSA? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Conference Call Date: Fri, 29 Jan 2010 16:31:31 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol/Brent - How does 8:30 AM Monday sound for a conference call? I will initiate it if that works for everyone. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, January 29, 2010 4:36 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Conference Call Confidential Okay with me. As I discussed with Grant, what we need to talk about is how to pursue enforcement. We could do the plat revocation, but that might not be effective (if the bank doesn't care). Perhaps we need to bring the bank in the lawsuit as a party? We also need to discuss what alternatives there might be to the lawsuit. Does the City have any money to construct the improvement ($15,000 worth) just to construct the improvement in order to give the occupancy permit to the Smiths, in order to get out of the lawsuit? Should we discuss this with AWC-RMSA? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Fri, 29 Jan 2010 16:31:31 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol/Brent - How does 8:30 AM Monday sound for a conference call? I will initiate it if that works for everyone. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, January 29, 2010 3:00 PM To: Grant Beck Subject: Smith v. Doe Grant, would you please call me? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Mark Steepy [Mark.Steepy@kpff.com] Sent: Wednesday, January 27, 2010 5:53 PM To: Clint Pierpoint; Greg Diener Cc: Grant Beck Subject: RE: Forrester Heights Greg; please call me as soon as possible. I'd like to hear more from you on what your involvement is and intent to use our plans. As Clint told you, we have not yet been paid for those plans. It is my stamp on the drawings and I do not authorize the use of those drawings until KPFF has been paid for our services. KPFF has put a lien on the property and in fact filed a foreclosure suit with Thurston County. We have yet to file the suit in hopes of working out an agreement to get paid. We understand the completion of construction will go along way to make everything whole on this project and we want to be proactive making that happen. We are open to almost any kind of payment plan, including deferred payments, but without any such agreement we will not authorize the use of these drawings for construction. Call me and let's discuss your role and who the decision makers are. We want to help and can, but it's a two way street and I need someone to talk with. Thank you Mark R. Steepy, PE ~ Principal KPFF Consulting Engineers 4200 6th Ave SE, Suite 309 Lacey, Washington 98503 Office: (360) 292-7230 Direct: (360) 292-4949 Mobile: (360) 870-1921 Fax: (360) 292-7231 ma rk. stee py@ kpff. co m From: Clint Pierpoint Sent: Wednesday, January 27, 2010 5:05 PM To: Greg Diener Subject: RE: Forrester Heights Greg, Let me know if you need any additional information to facilitate the completion of this project. Cordially, Clinton D. Pierpoint ~ Associate KPFF Consulting Engineers 4200 Sixth Avenue, Suite 309 Lacey, Washington 98503 O: (360) 292-7230 M: (360) 790-6832 F: (360) 292-7231 clint.pierpoint@kpff.com www.kpff.com 3/10/2010 Page 2 of 2 From: Greg Diener [mailto:greg@paceng.com] Sent: Wednesday, January 27, 2010 4:10 PM To: Clint Pierpoint Subject: Forrester Heights Clint, Nice talking with you this afternoon. Here is my contact information. Will work with you to get you paid and get the correct plans. greg@ paceng.com Greg A. Diener P.E. 15445 53rd Avenue South Seattle WA 98188 206-431-7970 F 206-388-1648 C 206-391-8409 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 27, 2010 11:02 AM To: bdille@owensdavies.com; Grant Beck Subject: Meeting last Friday HI: I am really interest to find out how the meeting went with the Bank representatives last week. What happened? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Tuesday, January 26, 2010 2:14 PM To: Grant Beck Cc: Tim Peterson Subject: Palisades West Booster Station Hi Grant, I received a call from Pacific Engineering this afternoon asking about the Palisades West booster station. They were specifically looking for the design report prepared by KPFF that provides the operating parameters for the station. Last I heard, KPFF had not been paid for their design efforts, and had indicated that they would not allow their design to be used. So two questions: Do you want me to help with this? If so, do you know if the KPFF situation has changed, or who I might contact to find out? Please let me know how you would like me to proceed. Thanks! Parametrix inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Palisades West AKA Forrester Heights Karen Bennett From: Greg Diener [greg@paceng.com] Sent: Tuesday, January 26, 2010 12:13 PM To: Tami Merriman Cc: Grant Beck; Lou Larsen, Subject: FW: Palisades West AKA Forrester Heights Page 1 of 2 Attachments: Executed Letter to the City of Yelm Regards Booster Pump 01.19.10.pdf; Assignment of Beneficial Intrest in DOT.pdf; Sapphire RE Property Holdings 3, LLC Entity Documentation.pdf Tami, Attached is the letter to the City with the Assignment of interest and the Sapphire Real Estate LLC documentation. I had intended to deliver these to you and Grant at our Friday meeting and overlooked them. Please call if you have any questions. Thank you. Greg Greg A. Diener P.E. 15445 53rd Avenue South Seattle WA 98188 206-431-7970 F 206-388-1648 C 206-391-8409 From: Kathleen Herdlein [mailto:Kathleen.Herdlein@wfib.com] Sent: Friday, January 15, 2010 10:26 PM To: Greg Diener; Lou Larsen Cc: redstoneron@hotmail.com; steve@cpconsult.us; marklyons@platsperfectedllc.com; leeallison@platsperfectedllc.com Subject: Palisades West AKA Forrester Heights Greg, I have attached three items for your delivery to the City of Yelm. The first is an executed letter from Washington First explaining our acquisition and current ownership. The second attachment is the Assignment of the ownership from WF Capital to Sapphire RE Property Holdings. The third and final attachment is the formation and consent documentation confirming the validity of the ownership entity and signers. As noted in the letter, the Sale Deed will be recorded on Tuesday, January 19th by our Counsel, and thus my letter is of that same date. As you may be aware, since Monday is a Federal holiday, federally insured banks, State, County and most City offices will be closed for the Martin Luther King holiday. Hopefully I have successfully covered the majority of the points outlined in your 01/12/10 memorandum. «Executed Letter to the City of Yelm Regards Booster Pump 01.19.10.pdf» «Assignment of Beneficial Intrest 3/10/2010 Palisades West AKA Forrester Heights in DOT.pdf» «Sapphire RE Property Holdings 3, LLC Entity Documentation.pdf» Kathleen Herdlein Washington First International Bank (206) 830-7156 work (206) 528-2202 fax kathleen.herdlein@wfib.com www.wfib.com Page 2 of 2 --------------------------------------------------------------------------------------------------------------------- This communication may contain privileged and/or confidential information. It is intended so%ly for the use of the addressee. if you received this communication in error please contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy. This communication may contain nonpublic information about individuals and businesses subject to the restrictions of the Gramm-Leach-Bliley Act. You may not directly or indirectly reuse such information for any purpose other than to provide the services for which you are receiving the information. 3/10/2010 Page 1 of 2 Karen Bennett From: Kathleen Herdlein [Kathleen.Herdlein@wfib.com] Sent: Monday, January 25, 2010 3:54 PM To: Lou Larsen Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; Jim Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: RE: Forrester Heights All, I have a call into Grant Beck. There is something not quite right about bonding for the entire plat needing to be redone. Bonding had to be in place for the plat to be recorded, and the other plat improvements should be fine, and probably up by now or close to it. I will let you know what I find out. -----Original Message----- From: Lou Larsen [mailto:elarsen@paceng.com] Sent: Monday, January 25, 2010 1:28 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: RE: Forrester Heights Pacific Engineering will work with the city on the bonding amounts. Don't know about any bonding that was done outside the warranty for the Booster Pump. Since the city is asking for all major and minor plat improvements to be bonded now, I'm guessing nothing was in place before?? From: Kathleen Herdlein [mailto:Kathleen.Herdlein@wfib.com] Sent: Monday, January 25, 2010 1:21 PM To: Lou Larsen Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: RE: Forrester Heights Lou, Who is obtaining the calculations for the bonding? Was there no boinding filed in order to recrod the final plat?? That wuold be highly unusual . -----Original Message----- From: Lou Larsen [mailto:elarsen@paceng.com] Sent: Monday, January 25, 2010 1:01 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: Forrester Heights 3/10/2010 Page 2 of 2 Kathleen, Attached is a memo of our meeting with the city on Friday. Many items outlined on this memo are already underway as of today. Pacific Engineering Design, LLC Lou E. Larsen Project Manager 15445 53rd Avenue S Seattle, WA 98188 Phone: 206-431-7970 / 425-251-8811 Fax: 206-388-1648 Cell: 206-396-9039 Ilarsen@pacen~.com www.pacen~.com 3/10/2010 Page 1 of 1 Karen Bennett From: Lou Larsen [elarsen@paceng.com] Sent: Monday, January 25, 2010 1:28 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; Jim Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast. net Subject: RE: Forrester Heights Pacific Engineering will work with the city on the bonding amounts. Don't know about any bonding that was done outside the warranty for the Booster Pump. Since the city is asking for all major and minor plat improvements to be bonded now, I'm guessing nothing was in place before?? From: Kathleen Herdlein [mailto:Kathleen.Herdlein@wfib.com] Sent: Monday, January 25, 2010 1:21 PM To: Lou Larsen Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: RE: Forrester Heights Lou, Who is obtaining the calculations for the bonding? Was there no boinding filed in order to recrod the final plat?? That wuold be highly unusual . -----Original Message----- From: Lou Larsen [mailto:elarsen@paceng.com] Sent: Monday, January 25, 2010 1:01 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: Forrester Heights Kathleen, Attached is a memo of our meeting with the city on Friday. Many items outlined on this memo are already underway as of today. Pacific Engineering Design, LLC Lou E. Larsen Project Manager 15445 53rd Avenue S Seattle, WA 98188 Phone: 206-431-7970 / 425-251-8811 Fax: 206-388-1648 Cell: 206-396-9039 Ilarsen@paceng.com www.paceng com 3/10/2010 Page 1 of 1 Karen Bennett From: Kathleen Herdlein [Kathleen.Herdlein@wfib.com] Sent: Monday, January 25, 2010 1:21 PM To: Lou Larsen Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; Jim Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: RE: Forrester Heights Lou, Who is obtaining the calculations for the bonding? Was there no boinding filed in order to recrod the final plat?? That wuold be highly unusual . -----Original Message----- From: Lou Larsen [mailto:elarsen@paceng.com] Sent: Monday, January 25, 2010 1:01 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; James Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: Forrester Heights Kathleen, Attached is a memo of our meeting with the city on Friday. Many items outlined on this memo are already underway as of today. Pacific Engineering Design, LLC Lou E. Larsen Project Manager 15445 53rd Avenue S Seattle, WA 98188 Phone: 206-431-7970 / 425-251-8811 Fax: 206-388-1648 Cell: 206-396-9039 Ilarsen@pacen~.com www.pacen~.com 3/10/2010 Page 1 of 1 Karen Bennett From: Lou Larsen [elarsen@paceng.com] Sent: Monday, January 25, 2010 1:01 PM To: Kathleen Herdlein Cc: LeeAllison@platsconstructionperfectedllc.com; Grant Beck; Greg Diener; Jim Doty; Kevin Ray; Tim Peterson; Tami Merriman; marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Steve; lelkdl@comcast.net Subject: Forrester Heights Attachments: 2010-01-22 yelm mtg memo.doc Kathleen, Attached is a memo of our meeting with the city on Friday. Many items outlined on this memo are already underway as of today. Pacific Engineering Design, LLC Lou E. Larsen Project Manager 15445 53rd Avenue S Seattle, WA 98188 Phone: 206-431-7970 / 425-251-8811 Fax: 206-388-1648 Cell: 206-396-9039 Ilarsen@pacen~.com www.pacen~.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, January 25, 2010 11:29 AM To: Grant Beck; bdille@owensdavies.com Subject: Meeting on Friday Grant, how did the meeting go on Friday? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: LeeAllison@platsconstructionperfectedllc.com Sent: Monday, January 25, 2010 11:01 AM To: Grant Beck; Greg Diener; Jim Doty; Kevin Ray; LeeAllison@platsconstructionperfectedllc.com; Lou Larsen (Pacific Engrs); marklyons@platsconstructionperfectedllc.com; Ron Tremaine; Tami Merriman; Tim Peterson Subject: Yelm, Forrester Hgts, Pre Con Mtg, Resolution of Issues Attachments: Yelm, PCP's PreCon Mtg Issues.pdf; Yelm, PCP's Roll Seal Sketch.pdf; scan0002.jpg AI I, Following, find my understanding of the will of the City of Yelm, with regard to the attached issues. (The comments will be in the same order as those listed in PCP's attachment.): 1) The Pump House plans are approved and the permit is ready for pickup by the contractor, as soon as payment issues are taken care of. 2) Landscaping and fence issues are covered under the main Forrester Hgts approved Plat drawings. 3) Approval of the location of the present "Asbuilt" Pump House Pipe Stub Ups: a. After due consideration of the issues of safety, esthetics and function, it was determined that the construction of the pump house at the location of the present pipe stub ups is acceptable to the City of Yelm, so long as the necessarily revamped generator compound can still serve the needs of the generator. (PCP is providing the attached sketch of the proposed generator pad for use by Pacific Engineering for their presentation to the City of Yelm's approval.) b. The existing branch and stub up piping, from the main, has not been tested and such will be required before building construction can begin. 4) Pump Controls and Telemetry: a. Pumptech, Inc will provide the specified pumps, headers, motors and motor thermal protection, only. b. Taurus will provide all panels and the balance of all controls necessary to provide a complete and operable system. This system is to be fully compatible and functional along with Yelm's present computerized maintenance system. 5) Pacific Engineering will, by Friday, 01/29/10, provide to PCP a report including the design characteristics of the proposed pumps. This report will provide Pumptech, Inc the information they need to quote both price and delivery date for their equipment. 6) Roll Seal Pressure Sustaining Assembly, Mainline Tie-In: a. The constructability issues PCP raised were acknowledged as valid as was their proposed solution, so long as the ductile iron pipe and valves receive 401 epoxy coating. PCP acknowledged and assured the City that such requirement would be met. This proposed arrangement will allow the work to be accomplished within the very shortest of time span and thus have the least impact on the overall system. (PCP is providing the attached sketch of this proposal for use by Pacific Engineering for their presentation to the City of Yelm.J I welcome your comments or corrections, Lee 3/10/2010 Page 1 of 1 Karen Bennett From: Kevin Ray Sent: Monday, January 25, 2010 8:37 AM To: Grant Beck Cc: Stephanie Ray; Tim Peterson Subject: FW: Grant, I'm forwarding you the fire flows for Forrester Heights, the fire flows were requested, at last weeks meeting on the booster pump station. Kevin Ray City of Yelm Public Works Field Supervisor Mailing: 105 Yelm Ave W Physical: 901 Rhoton Road SE Yelm, WA 98597 Phone:360.458.8406 Fax: 360.458.8417 Email: KevinR~a ci. yelm. wa. us From: Edward Smith Sent: Monday, January 25, 2010 8:28 AM To: Kevin Ray Subject: Kevin At 507 and the South entrance of 105th Static Res Flow 52 38 890 10 May 99 50 34 810 16 Sept 03 52 44 960 12 Sept 08 On top of the hill in Forrester Heights static 24, residual 18 and flow 720. 3/10/2010 Page 1 of 1 Karen Bennett From: Karen Bennett Sent: Friday, January 22, 2010 11:55 AM To: Grant Beck Subject: Performance Bond Doc's Attachments: COY Smith Perf Bond Full 012210.doc; COY Smith Perf Bond Interim 012210.doc I didn't do that great of a job...l couldn't find verbiage for the interim BP and STEP system. Also, I wasn't quite sure on Owner/Dev/Cont, I assumed. Yikes!! Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 xJ cid:image001.jpgC 3/10/2010 Page 1 of 2 Karen Bennett From: Stephanie Ray Sent: Friday, January 22, 2010 8:07 AM To: Grant Beck Subject: RE: Plat condition? Dang! I am on conf. call or would chat. You are in my thoughts.....we will chat on Mon. HUGS. Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us From: Grant Beck Sent: Friday, January 22, 2010 8:06 AM To: Stephanie Ray Subject: RE: Plat condition? So I blubbered all over Shelly yesterday in my Department Head meeting, even though I promised myself not to to that and add to her burdens, Heather came home for the weekend last night, and I have the Palisades meeting this afternoon. Because of one or all of these, I got two hours sleep last night and my Indomethicen is making me so dizzy I can barely see. Fun fun! I'm headed up to Lakewood for an Army meeting... if I don't talk to you before you head out, have a great weekend! I may go shooting tomorrow and, if so, will give Kevin a call! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Stephanie Ray Sent: Friday, January 22, 2010 8:00 AM To: Grant Beck Subject: RE: Plat condition? Even better....this will make a big difference in getting agency approval. Stephanie Ray City of Yelm /Project Manager 3/10/2010 Page 2 of 2 Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us From: Grant Beck Sent: Friday, January 22, 2010 7:50 AM To: Stephanie Ray Subject: RE: Plat condition? It's not necessary... the pond is part of the temporary erosion control plan and would have to be removed prior to final plat approval, well before any building permits in Phase II Division 2. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Stephanie Ray Sent: Thursday, January 21, 2010 2:21 PM To: Grant Beck Subject: Plat condition? Grant, If we would relocate the storm pond could one of the plat provisions be to relocate the storm pond FIRST, prior to any building up there? s Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, January 22, 2010 7:55 AM To: Karen Bennett Subject: Bond Attachments: Performance Bond (Private Development)-2008 Master.doc Karen - Would you revise this bond replacing any references to Gig Harbor with Yelm? I need two of them for my meeting at 1:30... one for the interim booster pump station and STEP system update for the Smith house and one for the larger Booster pump station and Pressure Sustaining Valve. You just be very general in the descripton of the work to be done and reference exhibits... I'll get them together before the meeting. Thank you! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 21, 2010 3:31 PM To: bencushman@cushmanlaw.com Cc: doreenmilward@cushmanlaw.com Subject: RE: Smith v. Beck, et al. Attachments: Order on Protective Order.doc If the attached order is not acceptable, I will note it for presentation. Because you won't tell me exactly what your problem is with the attached, I am only guessing. I am proceeding to obtain a Yelm business license. Yelm has not taken the position that you must have a business license before you can enter city limits, attend client meetings or other activities. Yelm has taken the position that if you perform those activities, they constitute "doing business in the city," and under the City's code, you are required to obtain a business license. Carol A. Morris P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM 3/10/2010 Page 2 of 3 To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 3/10/2010 Page 3 of 3 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 21, 2010 2:52 PM To: bdille@owensdavies.com; Grant Beck Subject: RE: Notice of Public Hearing Attachments: NOTICE OF HEARING[1].doc See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Sea beck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Notice of Public Hearing Date: Thu, 21 Jan 2010 14:35:43 -0800 From: bdille@owensdavies.com To: grantb@ci.yelm.wa.us; carol_a_morris@msn.com Thoughts.... Best regards, Brent F. Dille LJ Owens Davies Fristoe Taylor & Schultz, PS 11 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected byattorney-client privilege. The information is intended for use only by the intended recipients). Delivery of this message to anyone other than the intended recipients) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, January 21, 2010 2:36 PM To: Grant Beck; Carol Morris Subject: Notice of Public Hearing Attachments: NOTICE OF HEARING.doc Thoughts.... Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 21, 2010 1:56 PM To: Grant Beck; bdille@owensdavies.com Subject: Smith v. Doe Hi: Here is a summary of what needs to be done and who will do it. Business license: Grant will get me a copy of the City's business license application. I will then inform Cushman that I have applied for a business license and that the city attorney also has one. Meeting with bank tomorrow. Grant will give them the following docs, and inform them that the City is not waiting for the bank to install all of the improvements before the City takes enforcement action. Grant will inform them that he has been sued personally as a result of the developer's failure to perform on the warranty and the City will like) be sued on February 7 or thereabouts. Performance bond: Grant will take the form I sent to him and make 2 different performance bonds for this project. The first bond will require the installation of the interim booster pump on or before February 8, 2010. The bank will be told that the City needs the bond signed by the surety and returned to the City ASAP, like Monday. Grant will estimate the cost of the interim pump for the bond. The second bond will require the installation of the larger fix. Grant will discuss the deadline for installation with the bank and be more flexible but keep in mind that the one house out there will have no fire flow until it is installed. Grant will estimate the cost for the bond. Notice of Hearing of Plat Revocation: Brent will draft up a notice to the bank and developer, showing copies to the plaintiffs in our lawsuit and any defendants, if you have their addresses. The notice will state that on February 9, 2010, at 7:00 p.m., the Yelm City Council will hold a hearing to consider whether or not to revoke the final plat (provide sufficient identification), for the property owner/developer's failure to perform the plat conditions as required by the approvals granted by the City, the warranty (identify) provided by the developer, City code and state law. The notice should state that the property owner/developer will have an opportunity to present evidence and testimony on the issue and members of the public may also provide evidence and testimony. Brent also needs to draft a Declaration of Service for Grant, so that Grant can sign it to state that he handed it to the bank representatives (identify who he handed it to and when). Another Declaration of SErvice should be drafted re: mailing and mailing should be done certified to the developer and plaintiff in our lawsuit. Notice of Hearing on the Plat Amendment: Grant needs to send a notice to the Smiths and their attorney that the City Council will hold a hearing on their Plat Amendment application on February 9, 2010. Is this enough time to give public notice in the newspaper? Ordinance re: plat revocation: Brent will draft an ordinance describing the procedure for a plat revocation. Basically, it should first state that the Council has the authority to revoke a plat (look at the analysis in HJS v. Pierce County on this issue), that when an application has been submitted, a hearing is scheduled and public notice is provided. Then, you may wish to incorporate some other open record hearing procedure by reference, or set up a new one, but bascially we want a procedure that is an open record hearing (all evidence can come in), council then deliberates and issues a decision. Resolution addressing plat revocation: I do not recommend that you have a resolution drafted to 3/10/2010 Page 2 of 2 address the revocation procedure. After the council deliberates, they should direct staff to draft a resolution that incorporates their decision. I'm hoping that if the bank comes in with the bonds and demonstrates that the interim pump has been installed, the Council will decide not to revoke the plat, but to table their decision until the deadline for installation of the big fix takes place. The staff should tickle their calendars to bring the matter back before the council on that date. Resolution addressing plat amendment: Brent will draft a resolution that follows West Coast v. Snohomish County. The resolution will adopt findings and conclusions re: whether it is appropriate for the Smiths to request that the Council remove a plat condition on a final decision, but also that the application is denied as moot. Hopefully, the booster pump will be installed by that date, and this will be true. I will finalize the protective order and get it signed. Did I leave anything out? Call me with questions. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Wednesday, January 20, 2010 11:01 AM To: Stephanie Ray Subject: FW: Smith v. Beck, et al. From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tue 1/19/2010 2:50 PM To: Grant Beck Cc: Lori Mossman; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 2 of 4 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 3/10/2010 Page 3 of 4 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. 3/10/2010 Page 4 of 4 I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 4 Karen Bennett From: Shelly Badger Sent: Tuesday, January 19, 2010 4:39 PM To: Grant Beck Subject: RE: Smith v. Beck, et al. Thanks, a very interesting exchange..... Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, January 19, 2010 4:25 PM To: Shelly Badger Subject: FW: Smith v. Beck, et al. Just FYI. Judging from the response, I'm thinking that he still doesn't understand that Carol is hired by AWC. Brent, Carol, and I have a conference call scheduled for Thursday at 1:00 PM to talk about next steps. I will update you at our Department Head meeting. The bank is back in the picture, though, and we are going to meet with them on Friday. They took the property back last Friday. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:50 PM To: Grant Beck Cc: Lori Mossman; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 4 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. 3/10/2010 Page 3 of 4 At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have 3/10/2010 Page 4 of 4 no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 4:25 PM To: Shelly Badger Subject: FW: Smith v. Beck, et al. Just FYI. Judging from the response, I'm thinking that he still doesn't understand that Carol is hired by AWC. Brent, Carol, and I have a conference call scheduled for Thursday at 1:00 PM to talk about next steps. I will update you at our Department Head meeting. The bank is back in the picture, though, and we are going to meet with them on Friday. They took the property back last Friday. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:50 PM To: Grant Beck Cc: Lori Mossman; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's 3/10/2010 Page 2 of 4 who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com 3/10/2010 Page 3 of 4 Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 3/10/2010 Page 4 of 4 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 3:32 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Conference Call -Next Steps Sounds good to me. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call -Next Steps Date: Tue, 19 Jan 2010 15:28:49 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - Does a call at 1:00 PM on Thursday the 21St sound ok to you for our next steps meeting? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, January 19, 2010 3:23 PM To: Grant Beck Subject: FW: Smith v. Beck, et al. From: Brent Dille Sent: Tuesday, January 19, 2010 2:54 PM To: 'Carol Morris' Subject: RE: Smith v. Beck, et al. I just got off the phone with the person in charge of business licenses and she did send Cushman a request for business license because he is transacting business in the city but never told him he could not come to City hall or visit his clients or enter the City limits. From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: Brent Dille; grantb@ci.yelm.wa.us Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. 3/10/2010 Page 2 of 3 Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank 3/10/2010 Page 3 of 3 you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:51 PM To: 'Carol Morris' Subject: RE: Forrester Heights; AKA Pallisades West Gotcha! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:49 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Forrester Heights; AKA Pallisades West Make sure you talk to them about installing the stuff for the Smith house ASAP, not in six months. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: FW: Forrester Heights; AKA Pallisades West Date: Tue, 19 Jan 2010 14:36:12 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: tamim@ci.yelm.wa.us Carol - It looks like the bank has the Palisades West property back and is looking to move forward with the infrastructure improvements. Unless you have concerns, we will schedule the requested meeting for later this week (they wanted to meet this afternoon). Give me a call if you have any questions/concerns. Grant Grant Beck, Director of Community Development 3/10/2010 Page 2 of 3 City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Tami Merriman Sent: Tuesday, January 19, 2010 2:32 PM To: Grant Beck Subject: FW: Forrester Heights; AKA Pallisades West I spoke with Greg this morning. The would like to meet with us as soon as possible. Shall we give them a few dates to choose from? He apologizes that they have your name incorrect. Tami Merriman Associate Planner City of Yelm tamim@ci.yelm.wa.us 360.458.8496 From: Greg Diener [mailto:greg@paceng.com] Sent: Tuesday, January 19, 2010 2:28 PM To: Tami Merriman Cc: kathleen.herdlein@wfib.com; leeallison@platsperfectedllc.com; Lou Larsen,; steve@cpsurvey.com; marklyons@platsperfectedllc.com; redstoneron@hotmail.com Subject: Forrester Heights; AKA Pallisades West Tami, Good Afternoon.. Thanks for speaking with me about restarting construction on the Forrester Heights plat. As I indicated, we would like to introduce ourselves to the city and restart the construction process as soon as practical. We have been retained by Washington First International Bank to oversee this process and work with the City to complete the remaining items in the booster system and the Sanitary Roll installation. The letter attached indicates that the Bank is now in title on this property. We would like to have several of our representatives at this meeting including Pacific Engineering, Plats Perfected Construction, Centre Pointe Surveying, and a bank representative - a total of approximately 6 people. We have many rudimentary questions for staff including existing approvals and work remaining to be done. In particular we would like to explore the telemetry requirements for this booster station due to the long lead times involved in obtaining some of the equipment. Consequently we would like your City Engineering or Public Works representatives to attend.. Likely some of these questions will require a followup meeting. Attached is a letter from Ms. Kathleen Herdlein indicating the Bank's intent for this project and introducing the project team. Your assistance in setting up this meeting as soon as practical would be appreciated. Greg A. Diener P.E. 15445 53rd Avenue South Seattle WA 98188 206-431-7970 3/10/2010 Page 3 of 3 F206-388-1648 C 206-391-8409 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:52 PM To: Lori Mossman Subject: FW: Smith v. Beck, et al. Could you get this to Carol ASAP with a copy to both Brent and I? Thanks, Lori. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:50 PM To: Grant Beck Cc: Lori Mossman; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. 3/10/2010 Page 2 of 4 I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? 3/10/2010 Page 3 of 4 I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 4 of 4 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 4 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:50 PM To: Grant Beck Cc: Lori Mossman; bdille@owensdavies.com Subject: RE: Smith v. Beck, et al. Hi: would you please send me the section from the City's business license ordinance that you are enforcing? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Beck, et al. Date: Tue, 19 Jan 2010 14:17:48 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: lorim@ci.yelm.wa.us Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? 3/10/2010 Page 2 of 4 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 4 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. 3/10/2010 Page 4 of 4 Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:49 PM To: Grant Beck; bdille@owensdavies.com Subject: RE: Forrester Heights; AKA Pallisades West Make sure you talk to them about installing the stuff for the Smith house ASAP, not in six months. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: FW: Forrester Heights; AKA Pallisades West Date: Tue, 19 Jan 2010 14:36:12 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: tamim@ci.yelm.wa.us Carol - It looks like the bank has the Palisades West property back and is looking to move forward with the infrastructure improvements. Unless you have concerns, we will schedule the requested meeting for later this week (they wanted to meet this afternoon). Give me a call if you have any questions/concerns. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Tami Merriman Sent: Tuesday, January 19, 2010 2:32 PM To: Grant Beck Subject: FW: Forrester Heights; AKA Pallisades West I spoke with Greg this morning. The would like to meet with us as soon as possible. Shall we give them a few dates to choose from? He apologizes that they have your name incorrect. 3/10/2010 Page 2 of 2 Tami Merriman Associate Planner City of Yelm tamim@ci.yelm.wa.us 360.458.8496 From: Greg Diener [mailto:greg@paceng.com] Sent: Tuesday, January 19, 2010 2:28 PM To: Tami Merriman Cc: kathleen.herdlein@wfib.com; leeallison@platsperfectedllc.com; Lou Larsen,; steve@cpsurvey.com; marklyons@platsperfectedllc.com; redstoneron@hotmail.com Subject: Forrester Heights; AKA Pallisades West Tami, Good Afternoon.. Thanks for speaking with me about restarting construction on the Forrester Heights plat. As I indicated, we would like to introduce ourselves to the city and restart the construction process as soon as practical. We have been retained by Washington First International Bank to oversee this process and work with the City to complete the remaining items in the booster system and the Sanitary Roll installation. The letter attached indicates that the Bank is now in title on this property. We would like to have several of our representatives at this meeting including Pacific Engineering, Plats Perfected Construction, Centre Pointe Surveying, and a bank representative - a total of approximately 6 people. We have many rudimentary questions for staff including existing approvals and work remaining to be done. In particular we would like to explore the telemetry requirements for this booster station due to the long lead times involved in obtaining some of the equipment. Consequently we would like your City Engineering or Public Works representatives to attend.. Likely some of these questions will require a followup meeting. Attached is a letter from Ms. Kathleen Herdlein indicating the Bank's intent for this project and introducing the project team. Your assistance in setting up this meeting as soon as practical would be appreciated. Greg A. Diener P.E. 15445 53rd Avenue South Seattle WA 98188 206-431-7970 F206-388-1648 C 206-391-8409 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:41 PM To: Tami Merriman Subject: FW: Smith v. Beck, et al. Attachments: 20100119140951. pdf Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Grant Beck Sent: Tuesday, January 19, 2010 2:18 PM To: 'Carol Morris' Cc: Lori Mossman Subject: RE: Smith v. Beck, et al. Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 3/10/2010 Page 2 of 4 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 3/10/2010 Page 3 of 4 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; Doreen Milward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman 3/10/2010 Page 4 of 4 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:36 PM To: 'Carol Morris' Cc: Tami Merriman Subject: FW: Forrester Heights; AKA Pallisades West Attachments: Executed Letter to the City of Yelm Regards Booster Pump 01.19.10.pdf Carol - It looks like the bank has the Palisades West property back and is looking to move forward with the infrastructure improvements. Unless you have concerns, we will schedule the requested meeting for later this week (they wanted to meet this afternoon). Give me a call if you have any questions/concerns. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Tami Merriman Sent: Tuesday, January 19, 2010 2:32 PM To: Grant Beck Subject: FW: Forrester Heights; AKA Pallisades West I spoke with Greg this morning. The would like to meet with us as soon as possible. Shall we give them a few dates to choose from? He apologizes that they have your name incorrect. Tami Merriman Associate Planner City of Yelm tamimCcr~ci.velm.wa.us 360.458.8496 From: Greg Diener [mailto:greg@paceng.com] Sent: Tuesday, January 19, 2010 2:28 PM To: Tami Merriman Cc: kathleen.herdlein@wfib.com; leeallison@platsperfectedllc.com; Lou Larsen,; steve@cpsurvey.com; marklyons@platsperfectedllc.com; redstoneron@hotmail.com Subject: Forrester Heights; AKA Pallisades West Tami, 3/10/2010 Page 2 of 2 Good Afternoon.. Thanks for speaking with me about restarting construction on the Forrester Heights plat. As I indicated, we would like to introduce ourselves to the city and restart the construction process as soon as practical. We have been retained by Washington First International Bank to oversee this process and work with the City to complete the remaining items in the booster system and the Sanitary Roll installation. The letter attached indicates that the Bank is now in title on this property. We would like to have several of our representatives at this meeting including Pacific Engineering, Plats Perfected Construction, Centre Pointe Surveying, and a bank representative - a total of approximately 6 people. We have many rudimentary questions for staff including existing approvals and work remaining to be done. In particular we would like to explore the telemetry requirements for this booster station due to the long lead times involved in obtaining some of the equipment. Consequently we would like your City Engineering or Public Works representatives to attend.. Likely some of these questions will require a followup meeting. Attached is a letter from Ms. Kathleen Herdlein indicating the Bank's intent for this project and introducing the project team. Your assistance in setting up this meeting as soon as practical would be appreciated. Greg A. Diener P.E. 15445 53rd Avenue South Seattle WA 98188 206-431-7970 F 206-388-1648 C 206-391-8409 3/10/2010 Page 1 of 2 Karen Bennett From: Tami Merriman Sent: Tuesday, January 19, 2010 2:32 PM To: Grant Beck Subject: FW: Forrester Heights; AKA Pallisades West Attachments: Executed Letter to the City of Yelm Regards Booster Pump 01.19.10.pdf I spoke with Greg this morning. The would like to meet with us as soon as possible. Shall we give them a few dates to choose from? He apologizes that they have your name incorrect. Tami Merriman Associate Planner City of Yelm tamimCcr~ci.velm.wa.us 360.458.8496 From: Greg Diener [mailto:greg@paceng.com] Sent: Tuesday, January 19, 2010 2:28 PM To: Tami Merriman Cc: kathleen.herdlein@wfib.com; leeallison@platsperfectedllc.com; Lou Larsen,; steve@cpsurvey.com; marklyons@platsperfectedllc.com; redstoneron@hotmail.com Subject: Forrester Heights; AKA Pallisades West Tami, Good Afternoon.. Thanks for speaking with me about restarting construction on the Forrester Heights plat. As I indicated, we would like to introduce ourselves to the city and restart the construction process as soon as practical. We have been retained by Washington First International Bank to oversee this process and work with the City to complete the remaining items in the booster system and the Sanitary Roll installation. The letter attached indicates that the Bank is now in title on this property. We would like to have several of our representatives at this meeting including Pacific Engineering, Plats Perfected Construction, Centre Pointe Surveying, and a bank representative - a total of approximately 6 people. We have many rudimentary questions for staff including existing approvals and work remaining to be done. In particular we would like to explore the telemetry requirements for this booster station due to the long lead times involved in obtaining some of the equipment. Consequently we would like your City Engineering or Public Works representatives to attend.. Likely some of these questions will require a followup meeting. Attached is a letter from Ms. Kathleen Herdlein indicating the Bank's intent for this project and introducing the project team. Your assistance in setting up this meeting as soon as practical would be appreciated. Greg A. Diener P.E. 3/10/2010 Page 2 of 2 15445 53rd Avenue South Seattle WA 98188 206-431-7970 F 206-388-1648 C 206-391-8409 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:18 PM To: 'Carol Morris' Cc: Lori Mossman Subject: RE: Smith v. Beck, et al. Attachments: 20100119140951. pdf Carol - According to our Deputy City Clerk, Lori Mossman, she sent out notices to many of the attorney's who have appeared in our Municipal Court that they needed a business license, including Cushman. Lori developed the list from our Municipal Court Administrator. Most of those contacted got their license, except for Cushman and one other attorney. Lori FAXED a second notice last Friday. I've attached the notices. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com 3/10/2010 Page 2 of 4 Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman 3/10/2010 Page 3 of 4 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; Doreen Milward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. 3/10/2010 Page 4 of 4 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 2:05 PM To: 'Carol Morris' Subject: RE: Smith v. Beck, et al. Not to my knowledge. I will check with the City Clerks office to see if they have had any contact about Business Licensing. I'll get right back to you. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman 3/10/2010 Page 2 of 3 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. 3/10/2010 Page 3 of 3 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 2:02 PM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. HI: Is it true that the City has told him that he can't come to city hall without a business license? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:15:14 -0800 Subject: RE: Smith v. Beck, et al. Both dates are available for me. I will not recommend that my clients dismiss their claims against your client. My clients could have brought those claims independent of any claims against the City -and the City is not a necessary party to my clients' claims arising from your client's freelancing in violation of their civil rights. At the same time, I will bring a motion seeking the leave of Court to visit my clients' property and to the Yelm City Council building. Yelm has taken the position that I must have a Yelm business license to enter city limits for site visits, client meetings, or other legal activities. I trust that you have received a similar request or already hold a City of Yelm business license. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: Ben Cushman Cc: Doreen Milward; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris 3/10/2010 Page 2 of 3 Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com 3/10/2010 Page 3 of 3 CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:10 PM To: bencushman@cushmanlaw.com Cc: doreenmilward@cushmanlaw.com; mac@leesmart.com Subject: RE: Smith v. Beck, et al. Thank you for your information regarding the judge's preferences. Would you also tell me whether you will agree to dismiss your case against my client, based on the judge's ruling? Or will I have to bring a motion to do so and ask to be reimbursed for my attorneys' fees? I could do both motions at the same time. Are you available either February 12 or 19th? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com CC: DoreenMilward@cushmanlaw.com Date: Tue, 19 Jan 2010 13:01:45 -0800 Subject: RE: Smith v. Beck, et al. Findings and Conclusions are only appropriate in a final judgment. I do not intend to research this for you. Also, I know that Judge McPhee personally objects to including surplus verbiage in his orders -wanting them contained to the substance of the ruling rather than merely "stating generally applicable law." Again, if you insist on using your form of order, please note it for presentation and I will file my objection. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: Ben Cushman; Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? 3/10/2010 Page 2 of 2 I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 1:00 PM To: bencushman@cushmanlaw.com; doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com Cc: kip@leesmart.com Subject: RE: Smith v. Beck, et al. Please provide me with your authority for your claim that findings are not appropriate. If you have no authority, is your only objection that you think the words "findings of fact" should be replaced with "conclusions of law?" Are you saying that if I made this change, you would sign it? I can't tell from your e-mail whether you are objecting to the form or the substance of my order or both. I'm not interesting in wasting any more time on this, so please be more specific. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: bencushman@cushmanlaw.com To: carol_a_morris@msn.com; DoreenMilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com CC: kip@leesmart.com Date: Tue, 19 Jan 2010 12:29:46 -0800 Subject: RE: Smith v. Beck, et al. I do not believe that findings are appropriate for this form of an order. Further, most of your findings are properly "conclusions of law" rather than "findings of fact" - so even if findings were appropriate, your order is not. If you want an order in this form to be entered, you will have to note it for entry and give mean opportunity to oppose entry. Ben Cushman From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: Doreen Milward; ddunham@cranedunham.com; mac@leesmart.com Cc: Ben Cushman; kip@leesmart.com Subject: RE: Smith v. Beck, et al. 3/10/2010 Page 2 of 2 Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:28 PM To: doreenmilward@cushmanlaw.com; ddunham@cranedunham.com; mac@leesmart.com Cc: bencushman@cushmanlaw.com; kip@leesmart.com Subject: RE: Smith v. Beck, et al. Attachments: Order on Protective Order.doc Hi: as you are aware, we had a hearing on Mr. Beck's motion for a protective order last Friday. The judge granted our motion. Attached is a draft order implementing the judge's decision. Mr. Cushman, please let me know whether you have any proposed revisions or comments. Thank you. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 19, 2010 12:25 PM To: Grant Beck Subject: RE: Draft of proposed order Okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Draft of proposed order Date: Tue, 19 Jan 2010 08:22:26 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - That matches my notes perfectly. I'll be in touch with both of you later today regarding a planning session for next steps. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, January 15, 2010 4:22 PM To: bdille@owensdavies.com; Grant Beck Subject: Draft of proposed order Hi Brent and Grant: Here is a draft order. What do you think? How does it match up with your notes, Grant? I also got a phone call from the real estate agent's attorney at Lee Smart in Seattle -- Michelle Corsi. She wanted to know what the City would be doing in the near future. She seems to think that the City will be granting the plat amendment so that the entire lawsuit will go away. I told her that I couldn't discuss it. Her clients were not sued until January -- they weren't given the early Xmas present. 3/10/2010 Page 2 of 2 Have a good weekend. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, January 19, 2010 8:23 AM To: Shelly Badger Cc: Ron Harding Subject: FW: Draft of proposed order Attachments: Order on Protective Order.doc FYI. This is the draft order Carol put together from last weeks hearing. I assume it will be filed for consideration this coming Friday. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Friday, January 15, 2010 4:22 PM To: bdille@owensdavies.com; Grant Beck Subject: Draft of proposed order Hi Brent and Grant: Here is a draft order. What do you think? How does it match up with your notes, Grant? I also got a phone call from the real estate agent's attorney at Lee Smart in Seattle -- Michelle Corsi. She wanted to know what the City would be doing in the near future. She seems to think that the City will be granting the plat amendment so that the entire lawsuit will go away. I told her that I couldn't discuss it. Her clients were not sued until January -- they weren't given the early Xmas present. Have a good weekend. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Friday, January 15, 2010 4:22 PM To: bdille@owensdavies.com; Grant Beck Subject: Draft of proposed order Attachments: Order on Protective Order.doc Hi Brent and Grant: Here is a draft order. What do you think? How does it match up with your notes, Grant? I also got a phone call from the real estate agent's attorney at Lee Smart in Seattle -- Michelle Corsi. She wanted to know what the City would be doing in the near future. She seems to think that the City will be granting the plat amendment so that the entire lawsuit will go away. I told her that I couldn't discuss it. Her clients were not sued until January -- they weren't given the early Xmas present. Have a good weekend. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, January 14, 2010 5:42 PM To: 'Brent Dille' Cc: 'Carol Morris' Subject: RE: Smith v. Doe I will be there though! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, January 14, 2010 5:08 PM To: Grant Beck; Carol Morris Subject: RE: Smith v. Doe Looks like I was booked a gam appointment so will not be able to see the fireworks tomorrow. Give 'em hell! Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, January 14, 2010 9:44 AM To: Carol Morris; Brent Dille Subject: RE: Smith v. Doe Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. 3/10/2010 Page 2 of 2 Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, January 14, 2010 5:08 PM To: Grant Beck; Carol Morris Subject: RE: Smith v. Doe Looks like I was booked a gam appointment so will not be able to see the fireworks tomorrow. Give 'em hell! Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, January 14, 2010 9:44 AM To: Carol Morris; Brent Dille Subject: RE: Smith v. Doe Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol a morris@msn.com 3/10/2010 Page 2 of 2 To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Thursday, January 14, 2010 12:12 PM To: Grant Beck Subject: RE: Smith v. Beck, et al. Excellent, I hope she is saving it, because in reading his stuff, it reads like he doesn't know this! Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Thursday, January 14, 2010 11:32 AM To: Shelly Badger Subject: RE: Smith v. Beck, et al. I've attached Carols draft reply to Cushmans response as well as a motion to strike Cushmans declaration as hearay O. These will be filed today. I don't know whether Cushman knows that Carol represents AWC, she may be saving that gem for oral argument. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Thursday, January 14, 2010 10:53 AM To: Grant Beck Subject: RE: Smith v. Beck, et al. Do we get to respond or is that it until tomorrow when the attorneys appear before the Judge? Does Cushman know that Carol is representing the City and you as part of our city insurance? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Wednesday, January 13, 2010 11:43 AM To: Shelly Badger; Ron Harding Cc: Janine Schnepf Subject: FW: Smith v. Beck, et al. FYI 3/10/2010 Page 2 of 2 Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, January 14, 2010 11:32 AM To: Shelly Badger Subject: RE: Smith v. Beck, et al. Attachments: Beck's Reply to pltfs response mt. for protective order.doc; Beck Mt. to Strike Declaration of Cushman.doc I've attached Carols draft reply to Cushmans response as well as a motion to strike Cushmans declaration as hearay O. These will be filed today. I don't know whether Cushman knows that Carol represents AWC, she may be saving that gem for oral argument. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Thursday, January 14, 2010 10:53 AM To: Grant Beck Subject: RE: Smith v. Beck, et al. Do we get to respond or is that it until tomorrow when the attorneys appear before the Judge? Does Cushman know that Carol is representing the City and you as part of our city insurance? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Wednesday, January 13, 2010 11:43 AM To: Shelly Badger; Ron Harding Cc: Janine Schnepf Subject: FW: Smith v. Beck, et al. FYI Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. 3/10/2010 Page 2 of 2 See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 10:57 AM To: sostergard@owensdavies.com; Grant Beck Cc: bdille@owensdavies.com Subject: RE: Smith v. City of Doe Thank you so much. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Smith v. City of Doe Date: Thu, 14 Jan 2010 10:56:38 -0800 From: sostergard@owensdavies.com To: carol_a_morris@msn.com; grantb@ci.yelm.wa.us CC: bdille@owensdavies.com Conformed copies of documents filed today. Sandy Ostergard, Paralegal Owens Davies Fristoe Taylor & Schultz, PS 11 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sosteraard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Sandy Ostergard [sostergard@owensdavies.com] Sent: Thursday, January 14, 2010 10:57 AM To: carol_a_morris@msn.com; Grant Beck Cc: Brent Dille Subject: Smith v. City of Doe Conformed copies of documents filed today. Sandy Ostergard, Paralegal Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sosteraard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Thursday, January 14, 2010 10:53 AM To: Grant Beck Subject: RE: Smith v. Beck, et al. Do we get to respond or is that it until tomorrow when the attorneys appear before the Judge? Does Cushman know that Carol is representing the City and you as part of our city insurance? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Wednesday, January 13, 2010 11:43 AM To: Shelly Badger; Ron Harding Cc: Janine Schnepf Subject: FW: Smith v. Beck, et al. FYI Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. 3/10/2010 Page 2 of 2 > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 10:05 AM To: Grant Beck Subject: RE: Smith v. Doe Okay, will do. Thanks for the tip. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Doe Date: Thu, 14 Jan 2010 10:00:45 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com I want to, but I don't know if I can stand it... I am leaning towards it right now and will confirm with you today. The Courthouse parking lot can be a challenge at times, so plan for extra time to find a spot. Thanks for everything! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 9:49 AM To: Grant Beck Subject: RE: Smith v. Doe Great! Thanks for your help. Are you going to come to the hearing tomorrow? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 3 Subject: RE: Smith v. Doe Date: Thu, 14 Jan 2010 09:44:28 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 3/10/2010 Page 3 of 3 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, January 14, 2010 10:01 AM To: 'Carol Morris' Subject: RE: Smith v. Doe I want to, but I don't know if I can stand it... I am leaning towards it right now and will confirm with you today. The Courthouse parking lot can be a challenge at times, so plan for extra time to find a spot. Thanks for everything! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 9:49 AM To: Grant Beck Subject: RE: Smith v. Doe Great! Thanks for your help. Are you going to come to the hearing tomorrow? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Doe Date: Thu, 14 Jan 2010 09:44:28 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development 3/10/2010 Page 2 of 2 City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 9:49 AM To: Grant Beck Subject: RE: Smith v. Doe Great! Thanks for your help. Are you going to come to the hearing tomorrow? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith v. Doe Date: Thu, 14 Jan 2010 09:44:28 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com; bdille@owensdavies.com Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, January 14, 2010 9:44 AM To: 'Carol Morris'; bdille@owensdavies.com Subject: RE: Smith v. Doe Carol - I've read everything and can't even offer any typo corrections this time. Thank you. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. 3/10/2010 Page 2 of 2 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:47 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Doe Attachments: Order granting motion to strike and shorten time.doc; Note for Motion Shorten Time.doc; Motion to Shorten Time on Mt. to Strke.doc; Beck's Reply to pltfs response mt. for protective order.doc; Beck Mt. to Strike Declaration of Cushman.doc Hi: I just received my e-mail back to me, so I eliminated the pdf version of the note for motion. Maybe that is the problem. I'll try it again. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: bdille@owensdavies.com; grantb@ci.yelm.wa.us Subject: Smith v. Doe Date: Thu, 14 Jan 2010 08:44:57 -0800 Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 14, 2010 8:45 AM To: bdille@owensdavies.com; Grant Beck Subject: Smith v. Doe Attachments: Beck Mt. to Strike Declaration of Cushman.doc; Beck's Reply to pltfs response mt. for protective order.doc; Motion to Shorten Time on Mt. to Strke.doc; Note for Motion Shorten Time.doc; Order granting motion to strike and shorten time.doc; CCF01142010_000OO.pdf Good morning Brent and Grant: Here are the pleadings. Please tell me whether you have any comments on them or would like changes. Otherwise, they are ready to go. Brent, does the declaration of service on the note for motion serve as the only declaration of service that you need? Or do you need a separate declaration of service like I sent last time? As you know, these have to be filed with the court by noon. I will take care of electronically serving the other parties. Thanks for your help. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 4:52 PM To: bdille@owensdavies.com; Grant Beck Subject: Smith v. Doe Hi Brent and Grant: I am almost done with the reply to their response to our motion. I am drafting a motion to strike the Declaration of Cushman as hearsay, and of course, I have to have a motion to shorten time with it too. Can I still send everything to you for filing with the court by noon on Thursday? I will probably have it done by 5:30 tonight. And of course, if either of you have any suggested changes,we can address them before the brief is filed tomorrow. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, January 13, 2010 11:43 AM To: Stephanie Ray; Tim Peterson Cc: Tami Merriman; Gary Carlson; Karen Bennett Subject: FW: Smith v. Beck, et al. Attachments: Pltf Response to Def Beck Motion 1-13-10.pdf; Dec of BDC in Opp to Protective Order 1-13-10.pdf Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, January 13, 2010 11:43 AM To: Shelly Badger; Ron Harding Cc: Janine Schnepf Subject: FW: Smith v. Beck, et al. Attachments: Pltf Response to Def Beck Motion 1-13-10.pdf; Dec of BDC in Opp to Protective Order 1-13-10.pdf FYI Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 11:27 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Smith v. Beck, et al. Attachments: Pltf Response to Def Beck Motion 1-13-10.pdf; Dec of BDC in Opp to Protective Order 1-13- 10.pdf See attached. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > From: DoreenMilward@cushmanlaw.com > To: carol_a_morris@msn.com; ddunham@cranedunham.com; mac@leesmart.com > CC: bencushman@cushmanlaw.com; kip@leesmart.com > Date: Wed, 13 Jan 2010 11:24:37 -0800 > Subject: Smith v. Beck, et al. > Counsel, > Attached is Plaintiffs' response to Defendant Beck's Motion for Protective Order. Paper copies are being mailed to you. > Doreen Milward > Paralegal > Cushman Law Offices P.S. > 924 Capitol Way S. > Olympia, WA 98501 > Tel: 360/534-9183 > Fax: 360/956-9795 > dmilward@cushmanlaw.com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, January 13, 2010 10:28 AM To: 'news2@yelmonline.com' Subject: Smith Claim Attachments: 2009 12 09 Claim for Damages.pdf Is attached! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm ~ www.ci.yelm.wa.us wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 9:59 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Westlaw Results : 16 P.3D 30 Attachments: Westlaw Document 16 22 11.doc not sure the case was attached to my last e-mail. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > Date: Tue, 12 Jan 2010 16:22:11 -0600 > From: Westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 16 P.3D 30 > The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 13, 2010 9:53 AM To: bdille@owensdavies.com; Grant Beck Subject: FW: Westlaw Results : 16 P.3D 30 Brent: take a look at this case. As we discussed. Now, they might allege that they submitted a plat amendment because Grant told them to, and that issue is coincidentally, addressed in another case also called West Coast v. Snohomish county, on the issue of a moratorium. I'll send that to you as well. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > Date: Tue, 12 Jan 2010 16:22:11 -0600 > From: Westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 16 P.3D 30 > The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 12, 2010 9:42 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night Hi: Here is what I took with me tonight and so I showed up at city hall. No one else was there at 7:00. I just found Grant's early e-mail to me telling me that the meeting was at the public safety building. I'm really sorry. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Agenda for tomorrow night Date: Mon, 11 Jan 2010 09:25:49 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I've attached the link to the agenda for tomorrow's Council meeting. If you have any questions, please give me a shout. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 12, 2010 9:39 PM To: Grant Beck Subject: RE: Executive Session Oh -here is the address. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Executive Session Date: Wed, 6 Jan 2010 10:50:12 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I spoke with the City Administrator, Shelly Badger, and Mayor Harding about an executive session at the next Council meeting to go over the Smith suit. They agreed that it was timely, so we are on. I will forward the agenda when it is published. The Council meeting starts at 7:00 PM at the Yelm Public Safely Building at 206 McKenzie Street SE in Yelm. We are tentatively scheduled for a half hour. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, January 12, 2010 4:05 PM To: Grant Beck Subject: RE: Agenda Attachments: 01-12-10 Agenda.doc Here you go, something for everyone tonight ! From: Grant Beck Sent: Tuesday, January 12, 2010 4:03 PM To: Janine Schnepf Subject: Agenda Could you email me tonight's agenda in Word format? Thanks! Grant 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 12, 2010 11:38 AM To: Grant Beck; bdille@owensdavies.com Subject: Bond forms Attachments: Performance Bond (Private Development)-2008 Master.doc; Maintenance Bond (Private Development)-2007 Master.doc; CASHSETASIDE for MAINTENANCE-2007 Master.doc; CASHSETASIDE for PERFORMANCE-2009 Master[1].doc HI: When we last talked, you said you were interested in some forms for performance and maintenance bonds. Here you go! Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, January 11, 2010 10:32 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night ok Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Agenda for tomorrow night Date: Mon, 11 Jan 2010 10:07:40 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com It's the subdivision alteration request, it was tabled by Council to this meeting (I had thought earlier it was tabled indefinitely). We are going to recommend it be left on the table at this time in order to continue the plat revocation path, but only after the Council gets the update on the pending lawsuit. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 11, 2010 10:05 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night Hi: What is the Palisades Plat update about? Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Agenda for tomorrow night Date: Mon, 11 Jan 2010 09:25:49 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I've attached the link to the agenda for tomorrow's Council meeting. If you have any questions, please give me a shout. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, January 11, 2010 10:08 AM To: 'Carol Morris' Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night It's the subdivision alteration request, it was tabled by Council to this meeting (I had thought earlier it was tabled indefinitely). We are going to recommend it be left on the table at this time in order to continue the plat revocation path, but only after the Council gets the update on the pending lawsuit. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 11, 2010 10:05 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night Hi: What is the Palisades Plat update about? Carol A. Morris Morris & Taraday, P. C. P.O. Box 948 Seabeck, WA 98380-0948 (360)830-0328 F: (360) 850-1099 Subject: Agenda for tomorrow night Date: Mon, 11 Jan 2010 09:25:49 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I've attached the link to the agenda for tomorrow's Council meeting. If you have any questions, please give me a shout. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, January 11, 2010 10:05 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Agenda for tomorrow night Hi: What is the Palisades Plat update about? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Agenda for tomorrow night Date: Mon, 11 Jan 2010 09:25:49 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I've attached the link to the agenda for tomorrow's Council meeting. If you have any questions, please give me a shout. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Ron Harding Sent: Friday, January 08, 2010 11:16 AM To: Grant Beck Subject: RE: Lawsuit I was just hoping to improve my odds on our side bet. From: Grant Beck Sent: Fri 1/8/2010 10:52 AM To: Ron Harding Subject: RE: Lawsuit That's not funny! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Friday, January 08, 2010 10:31 AM To: Grant Beck Subject: RE: Lawsuit I was hoping to get Judge Witcum. From: Grant Beck Sent: Fri 1/8/2010 9:19 AM To: Shelly Badger; Janine Schnepf Cc: Ron Harding Subject: Lawsuit Attached are the key documents in the Smith Lawsuit and Claim. You each have hard copies of these documents in your boxes, as well. The motions are scheduled to be heard next Friday at 9:00 AM before Judge McPhee. I will forward the responses from Cushman as soon as we get them. If you have any questions, give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, January 08, 2010 10:53 AM To: Ron Harding Subject: RE: Lawsuit That's not funny! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Friday, January 08, 2010 10:31 AM To: Grant Beck Subject: RE: Lawsuit I was hoping to get Judge Witcum. From: Grant Beck Sent: Fri 1/8/2010 9:19 AM To: Shelly Badger; Janine Schnepf Cc: Ron Harding Subject: Lawsuit Attached are the key documents in the Smith Lawsuit and Claim. You each have hard copies of these documents in your boxes, as well. The motions are scheduled to be heard next Friday at 9:00 AM before Judge McPhee. I will forward the responses from Cushman as soon as we get them. If you have any questions, give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Ron Harding Sent: Friday, January 08, 2010 10:31 AM To: Grant Beck Subject: RE: Lawsuit I was hoping to get Judge Witcum. From: Grant Beck Sent: Fri 1/8/2010 9:19 AM To: Shelly Badger; Janine Schnepf Cc: Ron Harding Subject: Lawsuit Attached are the key documents in the Smith Lawsuit and Claim. You each have hard copies of these documents in your boxes, as well. The motions are scheduled to be heard next Friday at 9:00 AM before Judge McPhee. I will forward the responses from Cushman as soon as we get them. If you have any questions, give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, January 08, 2010 9:20 AM To: Tim Peterson; Stephanie Ray Subject: FW: Lawsuit Attachments: 2009 12 09 Claim for Damages.pdf; 2009 12 17 Summons and Complaint.pdf; 2010 01 07 Beck Answer.pdf; 2010 01 07 Beck Motion to Dismiss.pdf For your reading pleasure! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Grant Beck Sent: Friday, January 08, 2010 9:19 AM To: Shelly Badger; Janine Schnepf Cc: Ron Harding Subject: Lawsuit Attached are the key documents in the Smith Lawsuit and Claim. You each have hard copies of these documents in your boxes, as well. The motions are scheduled to be heard next Friday at 9:00 AM before Judge McPhee. I will forward the responses from Cushman as soon as we get them. If you have any questions, give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, January 08, 2010 9:19 AM To: Shelly Badger; Janine Schnepf Cc: Ron Harding Subject: Lawsuit Attachments: 2009 12 09 Claim for Damages.pdf; 2009 12 17 Summons and Complaint.pdf; 2010 01 07 Beck Answer.pdf; 2010 01 07 Beck Motion to Dismiss.pdf Attached are the key documents in the Smith Lawsuit and Claim. You each have hard copies of these documents in your boxes, as well. The motions are scheduled to be heard next Friday at 9:00 AM before Judge McPhee. I will forward the responses from Cushman as soon as we get them. If you have any questions, give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 3:28 PM To: bdille@owensdavies.com Cc: Grant Beck; Janice howard Subject: Part 2 --Motion for Protective Order Smith v. Yelm & Beck Attachments: CCF01072010_00002.pdf; CCF01072010_00003.pdf The motion is in 2 parts More to come. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Motion for Protective Order Date: Thu, 7 Jan 2010 15:23:39 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Carol, everything looks good and I'll look out for your e-mail(s). Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 2:32 PM To: Brent Dille Cc: grantb@ci.yelm.wa.us Subject: RE: Motion for Protective Order Hi Brent and Grant. Here is the final draft of everything. Tell me if you have any comments or questions, and if not, I will scan everything so that Brent can file them. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 3 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 3/10/2010 Page 3 of 3 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 3:25 PM To: bdille@owensdavies.com Cc: Grant Beck; Janice howard Subject: To be filed by noon tomorrow -- Note for Motion and Answer Smith v. Yelm & Beck Attachments: CCF01072010_000OO.pdf; CCF01072010_00001.pdf Brent: Thanks for taking care of this for me. Please call to confirm you received this and will be forwarding to the court. I will take care of e-mailing it to the opposing counsel and mailing it out, pursuant to our agreement for service. This is part 1, for some reason I have to do my scanned attachments in parts. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 3/10/2010 Page 2 of 3 F: (360) 850-1099 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us 3/10/2010 Page 3 of 3 (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 2:32 PM To: bdille@owensdavies.com Cc: Grant Beck Subject: RE: Motion for Protective Order Attachments: Beck Mt Protective Order.doc; Declaration of Morris in Suport of Protective Order.doc; Order on Protective Order.doc; Beck Answer.doc; Declaration of Service Smith v. Yelm.doc Hi Brent and Grant. Here is the final draft of everything. Tell me if you have any comments or questions, and if not, I will scan everything so that Brent can file them. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 12:02 PM To: Grant Beck Subject: RE: DRAFT motion Good. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: DRAFT motion Date: Thu, 7 Jan 2010 10:39:43 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol, I have nothing constructive to add. Brent is over at Municipal Court this morning, but I printed a copy and had it delivered to him so he can take a look between miscreants. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 9:47 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: DRAFT motion Good morning! Here is the draft of the motion. What do you think? Sorry I am behind -- I thought I would have this done earlier. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 3 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 3/10/2010 Page 3 of 3 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Thursday, January 07, 2010 10:39 AM To: Shelly Badger Subject: FW: DRAFT motion Attachments: Beck Mt Protective Order.doc Just FYI. Carol has it under control (it's kinds a fun read, though). Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 9:47 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: DRAFT motion Good morning! Here is the draft of the motion. What do you think? Sorry I am behind -- I thought I would have this done earlier. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue 3/10/2010 Page 2 of 3 Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. 3/10/2010 Page 3 of 3 Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Thursday, January 07, 2010 9:47 AM To: bdille@owensdavies.com; Grant Beck Subject: RE: DRAFT motion Attachments: Beck Mt Protective Order.doc Good morning! Here is the draft of the motion. What do you think? Sorry I am behind -- I thought I would have this done earlier. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Civil note of issue Date: Thu, 7 Jan 2010 07:58:17 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Good morning Carol! You are correct, it is McPhee. Brent From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wed 1/6/2010 6:49 PM To: Brent Dille Subject: RE: Civil note of issue Thanks for this -- I think you mentioned who the judge was in this case -- I don't think I have anything identifying the judge. Did you say it was McPhee? Let me know. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Civil note of issue Date: Wed, 6 Jan 2010 14:12:01 -0800 From: bdille@owensdavies.com To: carol a morris@msn.com Here you go! From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: grantb@ci.yelm.wa.us Cc: Brent Dille Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 5:03 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: DRAFT answer Attachments: Beck Answer.doc Hi: Here's an amended answer. I added one defense. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: DRAFT answer Date: Wed, 6 Jan 2010 12:44:59 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - I've read the answer and think I understand the gist, but don't know enough to comment intelligently. I will help by pointing out that: 1.3 - I do reside in Thurston County. 3.13 -City Council is misspelled. I'm sure that helps heaps! I am going to be in meetings all afternoon, but if you need me call Karen Bennett at 458-3835 and she will grab me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: Grant Beck 3/10/2010 Page 2 of 2 Cc: bdille@owensdavies.com Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 3:30 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: Motion to Dismiss HI: Under the court rules, I am required to call opposing counsel and confer on the discovery dispute. I learned that Cushman has no information to support his claim that Grant has a personal vendetta or did anything in his personal capacity. He is asking for Grant's birthdate, social security number and other personal information in order to do a background check on him and to DISCOVER the facts to support the filing of the lawsuit against him personally. I told him we will be asking for sanctions for this behavior and we ended the conversation. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: DRAFT answer Date: Wed, 6 Jan 2010 12:44:59 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - I've read the answer and think I understand the gist, but don't know enough to comment intelligently. I will help by pointing out that: 1.3 - I do reside in Thurston County. 3.13 -City Council is misspelled. I'm sure that helps heaps! I am going to be in meetings all afternoon, but if you need me call Karen Bennett at 458-3835 and she will grab me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 2 of 2 From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: DRAFT answer Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; Carol - -0800 bdille@owensdavies.com Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm ~ www.ci.yelm.wa.us wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 1:09 PM To: Grant Beck Subject: RE: DRAFT answer Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: DRAFT answer Date: Wed, 6 Jan 2010 12:44:59 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - I've read the answer and think I understand the gist, but don't know enough to comment intelligently. I will help by pointing out that: 1.3 - I do reside in Thurston County. 3.13 -City Council is misspelled. I'm sure that helps heaps! I am going to be in meetings all afternoon, but if you need me call Karen Bennett at 458-3835 and she will grab me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: DRAFT answer 3/10/2010 Page 2 of 2 Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:35 AM To: Grant Beck Cc: bdille@owensdavies.com Subject: DRAFT answer Attachments: Beck Answer.doc Grant and Brent: Please review the draft answer and tell me what you think. I would like to put it in the over night mail today, if possible, but if not, that's okay. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, January 06, 2010 11:28 AM To: Grant Beck Subject: RE: Executive Session Ok. Thanks GRant Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Executive Session Date: Wed, 6 Jan 2010 10:50:12 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com I spoke with the City Administrator, Shelly Badger, and Mayor Harding about an executive session at the next Council meeting to go over the Smith suit. They agreed that it was timely, so we are on. I will forward the agenda when it is published. The Council meeting starts at 7:00 PM at the Yelm Public Safely Building at 206 McKenzie Street SE in Yelm. We are tentatively scheduled for a half hour. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, January 06, 2010 10:50 AM To: 'Carol Morris' Cc: bdille@owensdavies.com Subject: Executive Session I spoke with the City Administrator, Shelly Badger, and Mayor Harding about an executive session at the next Council meeting to go over the Smith suit. They agreed that it was timely, so we are on. I will forward the agenda when it is published. The Council meeting starts at 7:00 PM at the Yelm Public Safely Building at 206 McKenzie Street SE in Yelm. We are tentatively scheduled for a half hour. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, January 05, 2010 3:16 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Smith v. Beck & Doe (Yelm) Attachments: Summary of Law plat revocation.docx Grant and Brent: Here is something I drafted to give you a summary of what I think the Council should consider. As we discussed, it is time to start thinking about enforcement of plat conditions. Tomorrow I will send you a draft Answer and a motion for a protective order/dismissal. Has there been any discussion of having the City install the improvements under Section 2 of the warranty agreement, and then placing a lien on the property for the cost of the improvements? I forgot to ask this question. Yelm might be like many other cities -- short on cash. But if we are talking about $15,000? What do you think? Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, January 05, 2010 11:46 AM To: Janine Schnepf; Ron Harding Cc: Grant Beck Subject: RE: Review Agendas Upcoming Importance: High Page 1 of 1 Janine, agendas look good (very nice of Myrna to bring cake!) with one caveat. After Grant's conference call with AWC & Brent today related to the Palisades issue, we may go into Exec Session vs. a public update as currently shown on the draft agenda. Stand by, I will be meeting with Grant at about 3 and we will confirm the agenda at that time. Ron and Janine, if you are available this afternoon, it might be good for you to come to my office hear the update first-hand from Grant, so we will all be on the same page. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, January 05, 2010 11:24 AM To: Shelly Badger; Ron Harding Subject: Review Agendas Upcoming Agendas for your review; January 12, 2010 -- Regular Meeting 01-12-10 (please note message following Oath -Myrna Harding offered to bring cake for after meeting) January 20, 2010 -- Retreat 01-20-10 (notice to be published 01-08-10) Janine Schnepf City Clerk/HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Monday, January 04, 2010 4:40 PM To: Grant Beck Cc: Janine Schnepf Subject: RE: 1-12 CC meeting Yes, we can let Janine know after your conference call whether to list it as an agenda item or an executive session. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 3:22 PM To: Shelly Badger Subject: RE: 1-12 CC meeting Ron is right... at the November 24th meeting, Bob moved to table it to ono later than the first meeting in January', so it is on. Am I still ok getting back to you after my conference call? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 3:01 PM To: Grant Beck Subject: RE: 1-12 CC meeting Ron remembers it that it was extended until the 12th, can you confirm with Janine what the minutes say. Yes, we can talk after your call tomorrow. Thanks, sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 2:51 PM To: Shelly Badger Subject: RE: 1-12 CC meeting The matter was tabled indefinitely, but we expected to have an update for the 3/10/2010 Page 2 of 2 Council next week, based on the engineering work we received mid-December. I have a conference call tomorrow at 2:00 PM with Carol Morris and Brent, and one of the items on the table is what to do with the subdivision alteration. Can you and I get together right afterwards or first thing Wednesday morning? I will have a better sense for next steps after the call tomorrow afternoon. At this point, I am not expecting any action for the 12th, unless an executive session is in order (again, based on Brent and Carol's recommendation tomorrow). Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, January 04, 2010 4:41 PM To: 'Carol Morris' Cc: 'Brent Dille' Subject: Engineering plans Attachments: RE: Smith Residence; RE: Smith Residence; Yelm Smith Residence Booster Pump Design Carol - These are the latest (and approved) plans for the individual booster pump and the sewer odor control improvement. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 4 Karen Bennett From: Grant Beck Sent: Monday, January 04, 2010 4:33 PM To: 'Carol Morris' Cc: 'Brent Dille' Subject: RE: Smith case Attachments: Plat Map.tif; Andrew Smith Records Request 062909.pdf 1. Copy attached... it should be on the disk, too. The final plat includes the conditions. 2. You are correct, there is no bond. 3. Copy attached, this should also be on the disk. 4. When I spoke with the developer in December and January of 2008 regarding the need for the booster pump station, and again when the Mayor, myself, and Tim Peterson, our Public Works Director met with the Smiths (I think it was around April or May of 2009, I'll track down the date), I focused on the fire flow because it was, and is, the harder standard to meet from a water system pressure standpoint. The pressure at the meter became the constraint in the system when the Council indicated that they were open to accepting a waiver of liability release for the fire flow issue. 5. I don't think so. 6. Not to my knowledge. There were several telephone conversations between myself, Tim Peterson, and Brent, but I don't recall any documents. I will double check, though. I will forward the engineering documents from the subdivision alteration in a separate email. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 04, 2010 2:46 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Smith case 3/10/2010 Page 2 of 4 Grant: I couldn't open all of the attachments on the disc. The final plat document opened, but the plat was reduced to such an extent that I can't read it. I am sorry to put you to this trouble, but could you send me the attached documents? 1. It looks like the final plat was approved on December 11, 2007. I may have missed it in the docs. Can you send me a copy? That would have all the conditions that were on the final recorded plat, right? 2. Am I correct in my assumption that the developer did not submit a bond in order to obtain final plat, he submitted the Warranty Agreement dated June 27, 2007? If I'm wrong, would you send me the bond or whatever he submitted in order to get final plat without completing all the conditions of final plat? 3. Could you please send me a copy of the building permit issued on September 17, 2008? (To the Smiths, apparently -- I am reading from the complaint) 4. The Smith's attorney states that "AT first, Grant Beck stated the reason for withholding the occupancy permit was that without the booster pump station, there would be inadequate water pressure to fight a fire at the Smith residence." Did you make this statement, and if so, was it verbal or written? If written, could you send me a copy? 5. The Smiths say that "Grant Beck next shifted the focus for denying the occupancy permit to the written plat requirements themselves, reiterating in an April 14, 2009 letter to Dan Lee... " I have a copy of this letter. Are there any other documents on this point? 6. Are there any documents relating to the activities in paragraphs 3.15 and 3.16 of the Complaint, other than the proposed agreements written by the attorneys? Any other documents that are particularly important? What about the engineering reports from their engineer and the City's engineering response? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith case Date: Mon, 4 Jan 2010 13:56:44 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - 3/10/2010 Page 3 of 4 I have seen the Isla Verde case and we can chat about the basis for our open space requirement as it relates to our comprehensive plan and parks plan element if you would like. I was served with the summons and complaint on the 17th of December. I was disappointed that the process server had a mouth full of our Christmas candy when I met him at the counter... it seemed like adding insult to injury. The subdivision alteration was tabled indefinitely and the Council has not acted upon it at this point. Brent Dille and I were going to get together on how to address the amendment prior to the next Council meeting on January 12, but the complaint was served before we could do so. I would like to talk though the options for this during our conference call tomorrow. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 04, 2010 1:48 PM To: Grant Beck; bdille@owendavies.com Subject: Smith case HI: I have been reading through the file. You probably know about this already, but the approval for this development was conditioned as follows: "the applicant shall provide a minimum of five percent of the gross land area as qualifed open space." This type of a condition was addressed in the attached case. Also, some questions about this matter: Grant, were you personally served with the summons and complaint? Do you remember what day it was? I haven't finished reading all the file -- was the plat amendment acted upon? Or has it been indefinitely tabled? Thanks Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > Date: Mon, 4 Jan 2010 15:42:15 -0600 > From: westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 49 P.3D 867 > The material accompanying this summary is subject to copyright. Usage is governed by contract 3/10/2010 Page 4 of 4 with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, January 04, 2010 3:22 PM To: Shelly Badger Subject: RE: 1-12 CC meeting Ron is right... at the November 24th meeting, Bob moved to table it to ono later than the first meeting in January', so it is on. Am I still ok getting back to you after my conference call? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 3:01 PM To: Grant Beck Subject: RE: 1-12 CC meeting Ron remembers it that it was extended until the 12th, can you confirm with Janine what the minutes say. Yes, we can talk after your call tomorrow. Thanks, sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 2:51 PM To: Shelly Badger Subject: RE: 1-12 CC meeting The matter was tabled indefinitely, but we expected to have an update for the Council next week, based on the engineering work we received mid-December. I have a conference call tomorrow at 2:00 PM with Carol Morris and Brent, and one of the items on the table is what to do with the subdivision alteration. Can you and I get together right afterwards or first thing Wednesday morning? I will have a better sense for next steps after the call tomorrow afternoon. At this point, I am not expecting any action for the 12th, unless an executive session is in order (again, based on Brent and Carol's recommendation tomorrow). Thanks, Grant 3/10/2010 Page 2 of 2 Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Monday, January 04, 2010 3:01 PM To: Grant Beck Subject: RE: 1-12 CC meeting Ron remembers it that it was extended until the 12th, can you confirm with Janine what the minutes say. Yes, we can talk after your call tomorrow. Thanks, sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 2:51 PM To: Shelly Badger Subject: RE: 1-12 CC meeting The matter was tabled indefinitely, but we expected to have an update for the Council next week, based on the engineering work we received mid-December. I have a conference call tomorrow at 2:00 PM with Carol Morris and Brent, and one of the items on the table is what to do with the subdivision alteration. Can you and I get together right afterwards or first thing Wednesday morning? I will have a better sense for next steps after the call tomorrow afternoon. At this point, I am not expecting any action for the 12th, unless an executive session is in order (again, based on Brent and Carol's recommendation tomorrow). Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. 3/10/2010 Page 2 of 2 Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, January 04, 2010 2:51 PM To: Shelly Badger Subject: RE: 1-12 CC meeting The matter was tabled indefinitely, but we expected to have an update for the Council next week, based on the engineering work we received mid-December. I have a conference call tomorrow at 2:00 PM with Carol Morris and Brent, and one of the items on the table is what to do with the subdivision alteration. Can you and I get together right afterwards or first thing Wednesday morning? I will have a better sense for next steps after the call tomorrow afternoon. At this point, I am not expecting any action for the 12th, unless an executive session is in order (again, based on Brent and Carol's recommendation tomorrow). Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, January 04, 2010 2:46 PM To: Grant Beck Cc: bdille@owensdavies.com Subject: RE: Smith case Grant: I couldn't open all of the attachments on the disc. The final plat document opened, but the plat was reduced to such an extent that I can't read it. I am sorry to put you to this trouble, but could you send me the attached documents? 1. It looks like the final plat was approved on December 11, 2007. I may have missed it in the docs. Can you send me a copy? That would have all the conditions that were on the final recorded plat, right? 2. Am I correct in my assumption that the developer did not submit a bond in order to obtain final plat, he submitted the Warranty Agreement dated June 27, 2007? If I'm wrong, would you send me the bond or whatever he submitted in order to get final plat without completing all the conditions of final plat? 3. Could you please send me a copy of the building permit issued on September 17, 2008? (To the Smiths, apparently -- I am reading from the complaint) 4. The Smith's attorney states that "AT first, Grant Beck stated the reason for withholding the occupancy permit was that without the booster pump station, there would be inadequate water pressure to fight a fire at the Smith residence." Did you make this statement, and if so, was it verbal or written? If written, could you send me a copy? 5. The Smiths say that "Grant Beck next shifted the focus for denying the occupancy permit to the written plat requirements themselves, reiterating in an April 14, 2009 letter to Dan Lee... " I have a copy of this letter. Are there any other documents on this point? 6. Are there any documents relating to the activities in paragraphs 3.15 and 3.16 of the Complaint, other than the proposed agreements written by the attorneys? Any other documents that are particularly important? What about the engineering reports from their engineer and the City's engineering response? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 3 Subject: RE: Smith case Date: Mon, 4 Jan 2010 13:56:44 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: bdille@owensdavies.com Carol - I have seen the Isla Verde case and we can chat about the basis for our open space requirement as it relates to our comprehensive plan and parks plan element if you would like. I was served with the summons and complaint on the 17th of December. I was disappointed that the process server had a mouth full of our Christmas candy when I met him at the counter... it seemed like adding insult to injury. The subdivision alteration was tabled indefinitely and the Council has not acted upon it at this point. Brent Dille and I were going to get together on how to address the amendment prior to the next Council meeting on January 12, but the complaint was served before we could do so. I would like to talk though the options for this during our conference call tomorrow. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 04, 2010 1:48 PM To: Grant Beck; bdille@owendavies.com Subject: Smith case HI: I have been reading through the file. You probably know about this already, but the approval for this development was conditioned as follows: "the applicant shall provide a minimum of five percent of the gross land area as qualifed open space." This type of a condition was addressed in the attached case. Also, some questions about this matter: Grant, were you personally served with the summons and complaint? Do you remember what day it was? I haven't finished reading all the file -- was the plat amendment acted upon? Or has it been indefinitely tabled? Thanks Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 3 of 3 > Date: Mon, 4 Jan 2010 15:42:15 -0600 > From: westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 49 P.3D 867 > The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, January 04, 2010 1:57 PM To: 'Carol Morris' Cc: 'Brent Dille' Subject: RE: Smith case Carol - I have seen the Isla Verde case and we can chat about the basis for our open space requirement as it relates to our comprehensive plan and parks plan element if you would like. I was served with the summons and complaint on the 17th of December. I was disappointed that the process server had a mouth full of our Christmas candy when I met him at the counter... it seemed like adding insult to injury. The subdivision alteration was tabled indefinitely and the Council has not acted upon it at this point. Brent Dille and I were going to get together on how to address the amendment prior to the next Council meeting on January 12, but the complaint was served before we could do so. I would like to talk though the options for this during our conference call tomorrow. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, January 04, 2010 1:48 PM To: Grant Beck; bdille@owendavies.com Subject: Smith case HI: I have been reading through the file. You probably know about this already, but the approval for this development was conditioned as follows: "the applicant shall provide a minimum of five percent of the gross land area as qualifed open space." This type of a condition was addressed in the attached case. Also, some questions about this matter: Grant, were you personally served with the summons and complaint? Do you remember what day it was? I haven't finished reading all the file -- was the plat amendment acted upon? Or has it been indefinitely tabled? Thanks 3/10/2010 Page 2 of 2 Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > Date: Mon, 4 Jan 2010 15:42:15 -0600 > From: westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 49 P.3D 867 > The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, January 04, 2010 1:48 PM To: Grant Beck; bdille@owendavies.com Subject: Smith case Attachments: Westlaw Document 15 42 14.doc HI: I have been reading through the file. You probably know about this already, but the approval for this development was conditioned as follows: "the applicant shall provide a minimum of five percent of the gross land area as qualifed open space." This type of a condition was addressed in the attached case. Also, some questions about this matter: Grant, were you personally served with the summons and complaint? Do you remember what day it was? I haven't finished reading all the file -- was the plat amendment acted upon? Or has it been indefinitely tabled? Thanks Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 > Date: Mon, 4 Jan 2010 15:42:15 -0600 > From: Westlaw@westlaw.com > To: carol_a_morris@msn.com > Subject: Westlaw Results : 49 P.3D 867 > The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. 3/10/2010 Page 1 of 3 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, December 30, 2009 6:06 PM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: Doreen Milward@cushmanlaw.com To: carol_a_morris@msn.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Date: Wed, 30 Dec 2009 16:37:18 -0800 Subject: RE: Smith v. Beck, et al. If you going through the regular civil motions calendar (rather than a special setting), that would put the motion on 9 am Friday, January 15, and Ben does not have a conflict then. If you are aiming for a special setting, then in that week Ben has a conflict on Thursday January 14. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw.com From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Wednesday, December 30, 2009 4:20 PM To: Doreen Milward Cc: Ben Cushman; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Hi: I did not receive a response to my e-mail, so I will assume that you have no conflict with a hearing on Mr. Beck's Motion for a Protective Order the week of January 11, 2010. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 3/10/2010 Page 2 of 3 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: doreenmilward@cushmanlaw.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Date: Tue, 29 Dec 2009 12:56:52 -0800 Mr. Cushman: I plan to bring a motion for a protective order regarding the interrogatories addressed to Grant Beck. Please let me know when you are available to attend this hearing. I have a hearing in Eastern Washington on January 8, 2010 and am unavailable on that day. Thank you for your consideration regarding service. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: DoreenMilward@cushmanlaw.com To: carol_a_morris@msn.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Date: Tue, 29 Dec 2009 12:19:26 -0800 Subject: Smith v. Beck, et al. Ms. Morris, We received your letter proposing an e-service system whereby documents that are emailed to counsel by 5 pm would be considered timely served on parties, and that paper copies would follow by mail to counsel, postmarked on the due date. That arrangement is agreeable to us, with the exception that when the deadline is noon (such as for motions and responses), that the emailed document be received by noon. By copy of this email to Mr. Dunham, who is representing the bond company State Farm, I am asking if he would similarly agree to this service arrangement. Note however, that since Thurston Superior is in Olympia, I have not had occasion to try to e-file or fax pleadings to this Court or the Judges, so I can't relay whether or not you will be able to avoid special messengers to Olympia. So you'll both know, due to the holidays, there has been a delay in serving the other defendants in this matter, but they should be served soon, and I will forward you the appearances as they are received. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 3/10/2010 Page 3 of 3 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw. com 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, December 30, 2009 4:20 PM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Hi: I did not receive a response to my e-mail, so I will assume that you have no conflict with a hearing on Mr. Beck's Motion for a Protective Order the week of January 11, 2010. Thank you. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: carol_a_morris@msn.com To: doreenmilward@cushmanlaw.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Date: Tue, 29 Dec 2009 12:56:52 -0800 Mr. Cushman: I plan to bring a motion for a protective order regarding the interrogatories addressed to Grant Beck. Please let me know when you are available to attend this hearing. I have a hearing in Eastern Washington on January 8, 2010 and am unavailable on that day. Thank you for your consideration regarding service. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: DoreenMilward@cushmanlaw.com To: carol_a_morris@msn.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Date: Tue, 29 Dec 2009 12:19:26 -0800 Subject: Smith v. Beck, et al. Ms. Morris, 3/10/2010 Page 2 of 2 We received your letter proposing an e-service system whereby documents that are emailed to counsel by 5 pm would be considered timely served on parties, and that paper copies would follow by mail to counsel, postmarked on the due date. That arrangement is agreeable to us, with the exception that when the deadline is noon (such as for motions and responses), that the emailed document be received by noon. By copy of this email to Mr. Dunham, who is representing the bond company State Farm, I am asking if he would similarly agree to this service arrangement. Note however, that since Thurston Superior is in Olympia, I have not had occasion to try to e-file or fax pleadings to this Court or the Judges, so I can't relay whether or not you will be able to avoid special messengers to Olympia. So you'll both know, due to the holidays, there has been a delay in serving the other defendants in this matter, but they should be served soon, and I will forward you the appearances as they are received. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw. com 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, December 29, 2009 1:53 PM To: Grant Beck Subject: RE: Conference Call Grant: that's the number. I have this down on my calendar. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Conference Call Date: Tue, 29 Dec 2009 13:46:02 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com CC: sostergard@ownsdavies.com; bdille@owensdavies.com Carol - Brent is available 2:00 PM on Tuesday the 5th for a conference call with the three of us. I will initiate the call from here and call you at 830-0328, unless you have a different number you would like me to use. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, December 29, 2009 12:58 PM To: Grant Beck Subject: lawsuit Grant: give me a call sometime when you have a minute. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, December 29, 2009 12:57 PM To: doreenmilward@cushmanlaw.com Cc: bencushman@cushmanlaw.com; ddunham@cranedunham.com Subject: RE: Smith v. Beck, et al. Mr. Cushman: I plan to bring a motion for a protective order regarding the interrogatories addressed to Grant Beck. Please let me know when you are available to attend this hearing. I have a hearing in Eastern Washington on January 8, 2010 and am unavailable on that day. Thank you for your consideration regarding service. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 From: DoreenMilward@cushmanlaw.com To: carol_a_morris@msn.com CC: bencushman@cushmanlaw.com; ddunham@cranedunham.com Date: Tue, 29 Dec 2009 12:19:26 -0800 Subject: Smith v. Beck, et al. Ms. Morris, We received your letter proposing an e-service system whereby documents that are emailed to counsel by 5 pm would be considered timely served on parties, and that paper copies would follow by mail to counsel, postmarked on the due date. That arrangement is agreeable to us, with the exception that when the deadline is noon (such as for motions and responses), that the emailed document be received by noon. By copy of this email to Mr. Dunham, who is representing the bond company State Farm, I am asking if he would similarly agree to this service arrangement. Note however, that since Thurston Superior is in Olympia, I have not had occasion to try to e-file or fax pleadings to this Court or the Judges, so I can't relay whether or not you will be able to avoid special messengers to Olympia. So you'll both know, due to the holidays, there has been a delay in serving the other defendants in this matter, but they should be served soon, and I will forward you the appearances as they are received. Doreen Milward Paralegal Cushman Law Offices P.S. 924 Capitol Way S. Olympia, WA 98501 Tel: 360/534-9183 Fax: 360/956-9795 dmilward@cushmanlaw. com 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, December 28, 2009 2:49 PM To: 'bbcoyne@comcast.net' Subject: Palisades West Attachments: Plat Map.tif; 2009 10 13 Staff report to Council.pdf; 2009 10 27 Staff Report to Council.pdf; 2009 11 24 Staff Report to Council.pdf Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Wednesday, December 23, 2009 7:26 AM To: Grant Beck Subject: Smith suit Sorry Grant....last minute checker's disease. Just wanted to ensure that you were getting the lawsuit to both Janine and Ron with a status of your communications with Brent. Hope you are feeling better or if not, are resting as you should be! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, December 22, 2009 1:08 PM To: Grant Beck Subject: Summons and Complaint Grant, when were you served with these documents and who served them? Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Tuesday, December 22, 2009 1:08 PM To: Grant Beck Subject: RE: Smith Claim Background Documents Gr Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith Claim Background Documents Date: Mon, 21 Dec 2009 09:31:11 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Yes, the documents I emailed you are also on the disk under the amendment' fie folder. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, December 21, 2009 9:30 AM To: Grant Beck Subject: RE: Smith Claim Background Documents Grant, I received the disc. Are these documents on the disc? I don't want to unnecessarily make 2 copies. Also received the summons and complaint. I forwarded it to Janice Howard at AWC- RMSA. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Smith Claim Background Documents Date: Fri, 18 Dec 2009 13:47:15 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Carol - I am burning a CD of the entire project file for both the subdivision and the proposed alteration and will have it in the mail this afternoon. I am here Monday through Wednesday next week and then off until the 28tH Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Monday, December 21, 2009 12:12 PM To: Grant Beck Subject: RE: Lawsuit What is the City of DOE? Stephanie Ray City of Yelm /Project Manager 105 Yelm Avenue West / Yelm, WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us From: Grant Beck Sent: Monday, December 21, 2009 8:28 AM To: Stephanie Ray Subject: FW: Lawsuit Guess what I get for Christmas???? Give me a call when you are emotionally ready to share how it went on Friday. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Grant Beck Sent: Monday, December 21, 2009 8:28 AM To: Shelly Badger Subject: Lawsuit Shelly - Attached is a lawsuit that I was served with last Thursday. I am coordinating with Carol Morris and Brent on this latest development. If you have a couple minutes this week, I would like to talk to you about some aspects of the suit that bother me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, December 21, 2009 11:21 AM To: Grant Beck Subject: RE: Lawsuit Grant, City of DOE? How about 2:00 today? I have one other issue I want to talk with you about (a fun one though O) before I leave on vacation. Not sure how long I will be here tomorrow and then not back until the 4th. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, December 21, 2009 8:28 AM To: Shelly Badger Subject: Lawsuit Shelly - Attached is a lawsuit that I was served with last Thursday. I am coordinating with Carol Morris and Brent on this latest development. If you have a couple minutes this week, I would like to talk to you about some aspects of the suit that bother me. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, December 21, 2009 9:49 AM To: Grant Beck Subject: RE: Smith Claim Background Documents thanks Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: RE: Smith Claim Background Documents Date: Mon, 21 Dec 2009 09:31:11 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Yes, the documents I emailed you are also on the disk under the amendment' fie folder. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, December 21, 2009 9:30 AM To: Grant Beck Subject: RE: Smith Claim Background Documents Grant, I received the disc. Are these documents on the disc? I don't want to unnecessarily make 2 copies. Also received the summons and complaint. I forwarded it to Janice Howard at AWC- RMSA. Thanks. Carol A. Morris Morris &Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 2 of 2 Subject: Smith Claim Background Documents Date: Fri, 18 Dec 2009 13:47:15 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Carol - I am burning a CD of the entire project file for both the subdivision and the proposed alteration and will have it in the mail this afternoon. I am here Monday through Wednesday next week and then off until the 28tH Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, December 21, 2009 9:31 AM To: 'Carol Morris' Subject: RE: Smith Claim Background Documents Yes, the documents I emailed you are also on the disk under the amendment' fie folder. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Carol Morris [mailto:carol_a_morris@msn.com] Sent: Monday, December 21, 2009 9:30 AM To: Grant Beck Subject: RE: Smith Claim Background Documents Grant, I received the disc. Are these documents on the disc? I don't want to unnecessarily make 2 copies. Also received the summons and complaint. I forwarded it to Janice Howard at AWC-RMSA. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360)830-0328 F: (360) 850-1099 Subject: Smith Claim Background Documents Date: Fri, 18 Dec 2009 13:47:15 -0800 From: grantb@ci.yelm.wa.us To: carol_a_morris@msn.com Carol - I am burning a CD of the entire project file for both the subdivision and the proposed alteration and will have it in the mail this afternoon. I am here Monday through Wednesday next week and then off until the 28th Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Monday, December 21, 2009 9:30 AM To: Grant Beck Subject: RE: Smith Claim Background Documents Grant, I received the disc. Are these documents on the disc? I don't want to unnecessarily make 2 copies. Also received the summons and complaint. I forwarded it to Janice Howard at AWC- RMSA. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 Subject: Smith Claim Background Documents Date: Fri, 18 Dec 2009 13:47:15 -0800 From: grantb@ci.yelm.wa.us To: carol a morris@msn.com Carol - I am burning a CD of the entire project file for both the subdivision and the proposed alteration and will have it in the mail this afternoon. I am here Monday through Wednesday next week and then off until the 28th Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, December 21, 2009 8:50 AM To: 'Brent Dille'; Carol Morris Subject: Smith Lawsuit Attachments: 20091217150359. pdf This was delivered last week. Merry Christmas. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, December 18, 2009 1:47 PM To: Carol Morris Subject: Smith Claim Background Documents Attachments: 2009 10 13 Staff report to Council with attachments.pdf; 2009 10 27 Staff Report to Council with attachments.pdf; 2009 10 27 Staff Report to Council.pdf; 2009 11 24 Staff Report to Council.pdf; 2009 09 24 Proposed Cushman Agreement.pdf; 2009 10 21 Brent Dille Letter.pdf; 2009 10 30 Draft Release Dille.pdf Carol - I am burning a CD of the entire project file for both the subdivision and the proposed alteration and will have it in the mail this afternoon. I am here Monday through Wednesday next week and then off until the 28th Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Carol Morris [carol_a_morris@msn.com] Sent: Wednesday, December 16, 2009 2:35 PM To: Grant Beck Subject: RE: Briefs Grant: I need to talk to you about the Smith claim It was forwarded to me to review by AWC- RMSA. Please call me when you get a chance. Thanks. Carol A. Morris Morris & Taraday, P.C. P.O. Box 948 Seabeck, WA 98380-0948 (360) 830-0328 F: (360) 850-1099 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, December 11, 2009 2:10 PM To: Stephanie Ray Cc: Shelly Badger Subject: Decommissioned Wells Attachments: Decommissioned Wells.jpg; RptWells Name.pdf; RptWells NOl.pdf; RptWells Date.pdf; Well Logs - NOl.pdf Attached is the latest map along with some of the supporting documentation, including an index to the well logs sorted by date of the well decommissioning, the name of the applicant, and the Notice of Intent Number. The well logs themselves are sorted by NOI number. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Janine Schnepf Sent: Wednesday, December 09, 2009 12:34 PM To: Shelly Badger; Ron Harding Cc: Tim Peterson; Grant Beck Subject: FW: Yelm Claim for Damages Claim Update; The City of Yelm received a Claim for Damages on 12-07-09 from the Smiths regarding the Palisades West Plat Amendment. A copy was sent this morning to AWC RMSA and to Brent Dille for their review and advice on how to proceed. I have a copy on file, if you would like to review. Tim Peterson, Grant Beck, Mayor Harding and Brent Dille (among others outside the City) have been named as witnesses. I will be the point of contact with AWC RMSA for updates on the progress of the claim at this point, but both Brent and representatives from AWC RMSA may be contacting you directly for first hand information. The claim only, may be subject to public disclosure .Any subsequent correspondence is likely protected. Please direct any future inquires from the public to myself or Lori, our Public Records Officer. That is all for now. Subject to change based on claim activity. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, December 09, 2009 12:02 PM To: Janine Schnepf Subject: RE: Yelm Claim for Damages Thanks Janine! From: Janine Schnepf [mailto:janine@ci.yelm.wa.us] Sent: Wednesday, December 09, 2009 11:28 AM To: Brent Dille Subject: FW: Yelm Claim for Damages Forwarding the Claim for Damages we received from the Smith family regarding the Plat amendment. 3/10/2010 Page 2 of 2 From: Janine Schnepf Sent: Wednesday, December 09, 2009 11:20 AM To: 'Janice Howard' Subject: Yelm Claim for Damages Good morning Janice. I received this Claim For Damages on my desk 12-08-09. I am also forwarding a copy to our City Attorney, Brent Dille. I am sure you will need more background information and may require a meeting with several parties after your initial review. Please advise on the best, next step to take. Thank you for your review. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, December 08, 2009 5:11 PM To: Shelly Badger Subject: FW: Palisades West Update Attachments: Agreement to Modify Plat.pdf; Agreement to Modify Plat.doc Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Grant Beck Sent: Monday, December 07, 2009 3:29 PM To: Ron Harding; Tim Peterson; 'Brent Dille' Cc: Shelly Badger Subject: Palisades West Update Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be 3/10/2010 Page 2 of 2 removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, December 08, 2009 1:57 PM To: Ben Cushman Cc: Grant Beck; Ron Harding; Tim Peterson; Stephanie Ray Subject: Palisades West/Smith Ben, Just wanted to give you an update as to where the City is at relative to the Palisades West Plat Amendment. The City received the engineering for the septic pressure sustaining valve solution yesterday and is reviewing the same with their engineers for final approval. In addition, I am still waiting for your revised agreement and release which must coincide with the new engineering plans and the City's requirement that the Smith's release and hold the City harmless from any and all claims arising out of this plat amendment. Consequently, because these issues are still outstanding, council will not be taking any action at tonight's meeting on the proposed plat amendment. If you have any questions, please do not hesitate to contact me. I look forward to receiving the revised agreement in the near future. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, December 08, 2009 8:47 AM To: Grant Beck Subject: RE: Palisades West Update Great! Talk to you soon. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, December 08, 2009 8:30 AM To: Brent Dille Subject: FW: Palisades West Update Brent - See below... we are on hold for tonight, so you are off the hook. Ron is in Olympia this morning, but as soon as I talk to him, I'll give you a call. We may need to update Cushman at some point this afternoon. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Monday, December 07, 2009 5:08 PM To: Grant Beck Subject: RE: Palisades West Update Grant NO I do not want to move forward to council at this time. I would like to get with you for a few minutes tomorrow. Ron From: Grant Beck Sent: Mon 12/7/2009 3:28 PM To: Ron Harding; Tim Peterson; Brent Dille Cc: Shelly Badger Subject: Palisades West Update Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. 3/10/2010 Page 2 of 3 Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the 3/10/2010 Page 3 of 3 short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Tuesday, December 08, 2009 8:30 AM To: 'Brent Dille' Subject: FW: Palisades West Update Brent - See below... we are on hold for tonight, so you are off the hook. Ron is in Olympia this morning, but as soon as I talk to him, I'll give you a call. We may need to update Cushman at some point this afternoon. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Ron Harding Sent: Monday, December 07, 2009 5:08 PM To: Grant Beck Subject: RE: Palisades West Update Grant NO I do not want to move forward to council at this time. I would like to get with you for a few minutes tomorrow. Ron From: Grant Beck Sent: Mon 12/7/2009 3:28 PM To: Ron Harding; Tim Peterson; Brent Dille Cc: Shelly Badger Subject: Palisades West Update Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, 3/10/2010 Page 2 of 3 Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. 3/10/2010 Page 3 of 3 Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 7:09 PM To: Ron Harding Subject: RE: Palisades West Update Copy. I'll be around all day and will let Brent know that he does not need to be there Tuesday. Grant From: Ron Harding Sent: Mon 12/7/2009 5:08 PM To: Grant Beck Subject: RE: Palisades West Update Grant NO I do not want to move forward to council at this time. I would like to get with you for a few minutes tomorrow. Ron From: Grant Beck Sent: Mon 12/7/2009 3:28 PM To: Ron Harding; Tim Peterson; Brent Dille Cc: Shelly Badger Subject: Palisades West Update Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman 3/10/2010 Page 2 of 2 included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Vince [mcclurepllc@comcast.net] Sent: Monday, December 07, 2009 5:11 PM To: 'Randy Raymond' Cc: Tim Peterson; Jim Doty; 'Doreen Milward'; Grant Beck Subject: RE: Randy and Tim, thank you for your time and consideration on this project. Vince From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:32 PM To: Vince Cc: 'Tim'; 'Jim Doty'; 'Doreen Milward'; Grant Beck Subject: RE: Thanks Vince, The revised drawing adequately addresses all of the previous comments, and is acceptable for construction. Parametrix gothAnniverscery, l}69-2009 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com ~~ Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Monday, December 07, 2009 10:30 AM To: Randy Raymond Cc: 'Tim'; 'Jim Doty'; 'Doreen Milward' Subject: Randy, Here is the revision showing the air/vac valve on Lot 46 as a 'T' off of the existing sewer line. Thanks, Vince 3/10/2010 Page 1 of 2 Karen Bennett From: Ron Harding Sent: Monday, December 07, 2009 5:08 PM To: Grant Beck Subject: RE: Palisades West Update Grant NO I do not want to move forward to council at this time. I would like to get with you for a few minutes tomorrow. Ron From: Grant Beck Sent: Mon 12/7/2009 3:28 PM To: Ron Harding; Tim Peterson; Brent Dille Cc: Shelly Badger Subject: Palisades West Update Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. 3/10/2010 Page 2 of 2 • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 3:29 PM To: Ron Harding; Tim Peterson; 'Brent Dille' Cc: Shelly Badger Subject: Palisades West Update Attachments: Agreement to Modify Plat.pdf; Agreement to Modify Plat.doc Ron - The past couple days have been busy with Palisades West. By way of update: Last Thursday (12/3), the Department of Health approved the plans for the individual booster pump for lot 15. Brent and I conferred Friday about how best to prepare if you felt we were ready to go for the Council meeting on the 8th (Tim was busy with Christmas in the Park preparation). We were concerned that all the engineering issues would be resolved and the agreement would still be hanging out there since Cushman has never made a serious effort to engage Brent regarding the release language Brent prepared back in October. To avoid being put into the position of not being ready, Brent and I reworked the entire settlement agreement in keeping with what we heard the Council's position to be... no liability to the City. I have attached this agreement for your review. We have not sent it to Cushman for comment at this time. The agreement is changed from the one Cushman submitted at the first Council meeting generally as follows: • The recitals are all changed without any of the slanted facts that Cushman included. These are the ~Whereases' supporting the agreement. • The conditions are modified to allow the home on lot 15 to be occupied, but only AFTER the improvements from the Smith's engineer are installed by them and approved by the City. It also requires the individual pump to be removed once the big booster pump station is constructed. • The release language requires the Smiths to indemnify the City for any claims for damages for not allowing the home to be occupied to this point. • The Smiths are required to carry 2 million dollars for property damage and bodily injury and 1 million dollars for personal injury in case of fire or if the Health Department requires the full booster pump station to be installed. • Sufficient insurance to cover any potential damage to the City's sewer or 3/10/2010 Page 2 of 2 water system from the home on lot 15. • The agreement carries to any successors to the Smiths, should they sell the property. Today (Monday the 7th) the Sewer Department received the revised sewer odor control design from the Smith's engineer and approved it. If you think we are ready to go tomorrow, we see three options for Council: 1. Approve the subdivision alteration with Brent's agreement. 2. If Cushman or the Smiths object or don't like the agreement, table the matter to give them a chance to propose changes to Brent (they've had since the end of October to do this already). 3. Deny the alteration. While we would like to give Cushman a chance to review the document, with the short time period (because of their lack of action, not ours), I would expect they would show up at the meeting to air any complaints about it. This would be the downside with going tomorrow. The upside would be we would have resolution (hopefully) by the end of the year. If you don't have a chance to grab Tim, Brent, or I before our LID meeting tomorrow afternoon, I will talk to you about it then. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Jim Doty Sent: Monday, December 07, 2009 2:34 PM To: Randy Raymond; Grant Beck Cc: Tim Peterson Subject: RE: Smith Residence Looks good to the Sewer Department. Jim Doty Plant Manager City of Yelm Water Reclamation Facility 931 N.P. Road Mail: 105 Yelm Avenue W Yelm, WA 98597 Ph. (360)458-8411 Fax. (360)458-8166 From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:20 PM To: Grant Beck Cc: Tim Peterson; Jim Doty Subject: RE: Smith Residence Hi Grant, Here is the revised sewer plan thatjust came in this morning. This plan addresses all of my previous comments, but I would like to get final buy-in from Jim Doty before we officially call it "approved." I have a message into Jim, and I anticipate hearing from him this afternoon. Parametrix ~t~th Annaversary, ~g69-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - 3/10/2010 Page 2 of 2 Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:32 PM To: Vince Cc: Tim Peterson; Jim Doty; 'Doreen Milward'; Grant Beck Subject: RE: Thanks Vince, The revised drawing adequately addresses all of the previous comments, and is acceptable for construction. Parametrix 4®r,~ Ann~ve~sar~, ~~69-~®®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Monday, December 07, 2009 10:30 AM To: Randy Raymond Cc: 'Tim'; 'Jim Doty'; 'Doreen Milward' Subject: Randy, Here is the revision showing the air/vac valve on Lot 46 as a 'T' off of the existing sewer line. Thanks, Vince 3/10/2010 Page 1 of 2 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:31 PM To: Grant Beck Cc: Tim Peterson Subject: RE: Smith Residence Hi Grant, Jim has blessed the plan I just sent over, so we can call it approved now. Parametrix 4®r,~ Ann~ve~sar~, X969-~®®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 2:20 PM To: Randy Raymond Subject: RE: Smith Residence Thanks, Randy! Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:20 PM To: Grant Beck Cc: Tim Peterson; Jim Doty Subject: RE: Smith Residence Hi Grant, Here is the revised sewer plan thatjust came in this morning. This plan addresses all of my previous comments, but I would like to get final buy-in from Jim Doty before we officially call it "approved." I have a message into Jim, and I anticipate hearing from him this afternoon. Parametrix ¢othAnniversccry, l}69-2009 inspired people .inspired solutions . making a difference 3/10/2010 Page 2 of 2 Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 2:25 PM To: 'Brent Dille' Cc: Tim Peterson Subject: FW: Smith Residence Attachments: Cushman --Smith Res, REVISED #2, Sewer, 2009-12-07.pdf Brent - The revised sewer plans just came in today (see email from Randy Raymond below). I don't think we need a note on the sewer side that requires this improvement to be removed 30 days after the pressure sustaining valve is installed, but need to hear from Tim on that issue in the morning. I will need to revise the recitals with the dates of this submission. Do you want me to go ahead and revise away or wait until you get a chance to review my last edits? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:20 PM To: Grant Beck Cc: Tim Peterson; Jim Doty Subject: RE: Smith Residence Hi Grant, Here is the revised sewer plan thatjust came in this morning. This plan addresses all of my previous comments, but I would like to get final buy-in from Jim Doty before we officially call it "approved." I have a message into Jim, and I anticipate hearing from him this afternoon. Parametrix gothAnniverscery, l}69-2009 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com 3/10/2010 Page 2 of 2 Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 2:20 PM To: 'Randy Raymond' Subject: RE: Smith Residence Thanks, Randy! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:20 PM To: Grant Beck Cc: Tim Peterson; Jim Doty Subject: RE: Smith Residence Hi Grant, Here is the revised sewer plan thatjust came in this morning. This plan addresses all of my previous comments, but I would like to get final buy-in from Jim Doty before we officially call it "approved." I have a message into Jim, and I anticipate hearing from him this afternoon. Parametrix ~t~th Arerczversary, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? 3/10/2010 Page 2 of 2 Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Monday, December 07, 2009 2:20 PM To: Grant Beck Cc: Tim Peterson; Jim Doty Subject: RE: Smith Residence Attachments: Cushman --Smith Res, REVISED #2, Sewer, 2009-12-07.pdf Hi Grant, Here is the revised sewer plan thatjust came in this morning. This plan addresses all of my previous comments, but I would like to get final buy-in from Jim Doty before we officially call it "approved." I have a message into Jim, and I anticipate hearing from him this afternoon. Parametrix ~t~th Arercaverscxry, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 1:08 PM To: 'Brent Dille' Subject: RE: Agreement to Modify Plat Attachments: Agreement to Modify Plat.doc See attached modifications to conditions may have one more edit depending on an answer by Randy Raymond on the sewer piece. Thanks! Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, December 07, 2009 11:27 AM To: Grant Beck Subject: Agreement to Modify Plat Call me after your review. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected byattorney-client privilege. The information is intended for use only by the intended recipientis). Delivery of this message to anyone other than the intended recipientis) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (l) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, December 07, 2009 12:57 PM To: Randy Raymond Cc: Tim Peterson Subject: Smith Residence Randy - Tim is out today and I'm trying to get a packet together for Council tomorrow. Vince's original submission had a detail for the sewer odor control end of things, but I don't think I have a copy of the revised sewer plan. Did he make the corrections you suggested and do you have an updated, approved design? Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, December 07, 2009 11:27 AM To: Grant Beck Subject: Agreement to Modify Plat Attachments: Agreement to Modify Plat.doc Call me after your review. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Karen Bennett Sent: Friday, December 04, 2009 4:38 PM To: Grant Beck Subject: Forrester Heights CDD Projects SUB Full Plat Subdivision 05-0458 Forrester Heights Ph1 -Palisades Correspondence General Public Correspondence Earlene Whitney Karen T. Bennett City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 cid:image001.jpgC 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, December 04, 2009 3:17 PM To: bdille@owensdavies.com Subject: Modified Agreement -Palisades West Attachments: Mofified Agreement as to Waiver 12 04 2009.doc Brent - Attached is my attempt to merge your release language with Cushman's agreement. The new recitals are mine, and may be totally off base, but it's a start! Give me a call if you have any questions. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, December 04, 2009 2:09 PM To: bdille@owensdavies.com Subject: new Attachments: Proposed Cushman Agreement as to Waiver 09 24 09.pdf Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Vince [mcclurepllc@comcast.net] Sent: Thursday, December 03, 2009 5:31 PM To: 'Randy Raymond' Cc: Tim Peterson; Grant Beck; 'Doreen Milward' Subject: RE: Yelm Smith Residence Booster Pump Design Randy and Tim, I got hung up with a litigation project. I'll have the sewer plan (final?!) to you by Tuesday. Tomorrow is shot. Thanks, Vince From: Grimm, Regina (DOH) [mailto:Regina.Grimm@DOH.WA.GOV] Sent: Thursday, December 03, 2009 4:15 PM To: Randy Raymond Cc: Vince; Tim; Grant Beck; Doreen Milward Subject: RE: Yelm Smith Residence Booster Pump Design Hello Randy, I finished looking at the booster pump design for the Smith Residence in Yelm. It looks fine to me and I don't have any changes or comments to make. I didn't log this in as an official project report, but I will file it in Yelm's water system file and document that I approved the design. Regards, Regina Grimm, P.E. Regional Engineer, DOH Division of Environmental Health Office of Drinking Water, Southwest Regional Office Ph: 360-236-3035 Fax: 360-664-8058 Physical Address: 243 Israel Road Southeast, Tumwater Mailing Address: PO Box 47823, Olympia 98504-7823 http:llwww. doh.wa.gov/ehp/dw/ From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; 'Tim'; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the 3/10/2010 Page 2 of 2 Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix ~t~th Arercaverscxry, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, December 03, 2009 5:29 PM To: Grant Beck Subject: RE: Yelm Smith Residence Booster Pump Design I'll call you in the AM. Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, December 03, 2009 5:17 PM To: Brent Dille Cc: Tim Peterson Subject: FW: Yelm Smith Residence Booster Pump Design Brent - FYI Grant From: Grimm, Regina (DOH) [mailto:Regina.Grimm@DOH.WA.GOV] Sent: Thu 12/3/2009 4:15 PM To: Randy Raymond Cc: Vince; Tim Peterson; Grant Beck; Doreen Milward Subject: RE: Yelm Smith Residence Booster Pump Design Hello Randy, I finished looking at the booster pump design for the Smith Residence in Yelm. It looks fine to me and I don't have any changes or comments to make. I didn't log this in as an official project report, but I will file it in Yelm's water system file and document that I approved the design. Regards, Regina Grimm, P.E. Regional Engineer, DOH Division of Environmental Health Office of Drinking Water, Southwest Regional Office Ph: 360-236-3035 Fax: 360-664-8058 Physical Address: 243 Israel Road Southeast, Tumwater Mailing Address: PO Box 47823, Olympia 98504-7823 http:llwww. doh.wa.gov/ehp/dw/ From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; 'Tim'; Grant Beck; 'Doreen Milward' 3/10/2010 Page 2 of 2 Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix 4othAnniuersary, 1gG9-2oo9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, December 03, 2009 5:17 PM To: bdille@owensdavies.com Cc: Tim Peterson Subject: FW: Yelm Smith Residence Booster Pump Design Brent - FYI Grant From: Grimm, Regina (DOH) [mailto:Regina.Grimm@DOH.WA.GOV] Sent: Thu 12/3/2009 4:15 PM To: Randy Raymond Cc: Vince; Tim Peterson; Grant Beck; Doreen Milward Subject: RE: Yelm Smith Residence Booster Pump Design Hello Randy, I finished looking at the booster pump design for the Smith Residence in Yelm. It looks fine to me and I don't have any changes or comments to make. I didn't log this in as an official project report, but I will file it in Yelm's water system file and document that I approved the design. Regards, Regina Grimm, P.E. Regional Engineer, DOH Division of Environmental Health Office of Drinking Water, Southwest Regional Office Ph: 360-236-3035 Fax: 360-664-8058 Physical Address: 243 Israel Road Southeast, Tumwater Mailing Address: PO Box 47823, Olympia 98504-7823 http:llwww. doh.wa.gov/ehp/dw/ From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; 'Tim'; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith 3/10/2010 Page 2 of 2 residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix ~t~th Arercaverscxry, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. 3/10/2010 Page 1 of 2 Karen Bennett From: Grimm, Regina (DOH) [Regina.Grimm@DOH.WA.GOV] Sent: Thursday, December 03, 2009 4:15 PM To: Randy Raymond Cc: Vince; Tim Peterson; Grant Beck; Doreen Milward Subject: RE: Yelm Smith Residence Booster Pump Design Hello Randy, I finished looking at the booster pump design for the Smith Residence in Yelm. It looks fine to me and I don't have any changes or comments to make. I didn't log this in as an official project report, but I will file it in Yelm's water system file and document that I approved the design. Regards, Regina Grimm, P.E. Regional Engineer, DOH Division of Environmental Health Office of Drinking Water, Southwest Regional Office Ph: 360-236-3035 Fax: 360-664-8058 Physical Address: 243 Israel Road Southeast, Tumwater Mailing Address: PO Box 47823, Olympia 98504-7823 http:llwww. doh.wa.gov/ehp/dw/ From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; 'Tim'; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix ~t~th Arerczversary, ~g6~-~~®9 inspired people .inspired solutions . making a difference 3/10/2010 Page 2 of 2 Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Thurston County's Homepage -The Olympian -Olympia, Washington Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 30, 2009 1:10 PM To: Ron Harding; Bob Isom; Pat Fetterly; Joe Baker; Don Miller; 'John Thompson'; 'Russ'; Mike McGowan Cc: Grant Beck; Tim Peterson Subject: FW: An article from www.theolympian.com Just don't want any of you to be surprised by this article. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Dana [mailto:danas@ci.yelm.wa.us] Sent: Monday, November 30, 2009 12:56 PM To: Shelly Badger Subject: An article from www.theolympian.com Dana has sent you the following story: Posted on Sunday, Nov. 29, 2009 Permit process gone awry creates nightmare in Yelm By CHRISTIAN HILL; The Olympian YELM -Andy and Cindy Smith, both 42, built their dream house on a hill that offers a picturesque view of the community they love. Andy, a lieutenant colonel based at Fort Lewis whose military career uprooted the family 11 times in 17 years, is fond of the downstairs office. No longer will he have to work on his computer in the living room. Cynthia, aself-described °yarnoholic," loves the upstairs nook where she can knit. Their three kids' bedrooms will be painted in their favorite colors. Cynthia says it's the place where the family poured its heart and soul. The painting is unfinished. The house sits empty. More than seven months since its completion, the Smiths can't move in. Read More... 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, November 25, 2009 9:29 AM To: Tim Peterson; Grant Beck; Ron Harding Subject: Palisades West and Tonight's Council Meeting Ben, Thank you for your comments. I'll discuss your concern with the city. In the meanwhile, please provide me with a revised agreement that reflects the Smith's undertaking and responsibility as noted in McClure's proposal. Thank you. Brent From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Tue 11/24/2009 3:16 PM To: Brent Dille Subject: RE: Palisades West and Tonight's Council Meeting Brent - At a minimum, you must revise your proposed release language. As written, it is a strict liability agreement which would hold the Smith's liable for any problems in the City system regardless of whether there is any evidence that the Smith's house caused the problem. The proposal is, frankly, outrageous as written -and I cannot believe that you or the City intended it to be aswritten. There must be some causal connection to harm before the Smith's be liable. I request that you turn back to our proposal. It places the Smithson par with other City residents, which is the fair state of affairs. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Tuesday, November 24, 2009 2:56 PM To: Ben Cushman Cc: Grant Beck; Ron Harding; Tim Peterson Subject: Palisades West and Tonight's Council Meeting Ben, I understand that the Smith's engineering plan has been forwarded to the health department for their review. To that end, we are awaiting the department's approval and your revised agreement incorporating the city's release language and integration of the requirements as set forth in Vince McClure's proposal for the booster pump and air seal. As we do not have any of these necessary items in place, council will not be taking any action 3/10/2010 Page 2 of 2 tonight on the proposed plat amendment. If you and your clients wish to have this matter presented before council prior to year end, we will need all these items in place on or before December 7th, the day before the City's one and only meeting in December. Please call me if you have any questions or concerns. I look forward to hearing from you soon. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sosteraard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 24, 2009 2:56 PM To: Ben Cushman Cc: Grant Beck; Ron Harding; Tim Peterson Subject: Palisades West and Tonight's Council Meeting Ben, I understand that the Smith's engineering plan has been forwarded to the health department for their review. To that end, we are awaiting the department's approval and your revised agreement incorporating the city's release language and integration of the requirements as set forth in Vince McClure's proposal for the booster pump and air seal. As we do not have any of these necessary items in place, council will not be taking any action tonight on the proposed plat amendment. If you and your clients wish to have this matter presented before council prior to year end, we will need all these items in place on or before December 7th, the day before the City's one and only meeting in December. Please call me if you have any questions or concerns. I look forward to hearing from you soon. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sosteraard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 24, 2009 2:38 PM To: Grant Beck Subject: RE: Tonight Consider it done! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, November 24, 2009 2:36 PM To: Brent Dille Subject: Tonight Brent - If you would be so kind as to send an email to Cushman letting him know we expect to take no action on the plat alteration tonight, I would be forever in your debt! Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 2:35 PM To: Shelly Badger Subject: Staff Report for tonight Attachments: Staff Report to Council 1124.doc For your review and approval (very belated!). Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 1:48 PM To: 'Hill, Christian' Subject: RE: Smith Staff Reports I find the following numbers in our system for Dan Lee, Triance Homes, and Triance Group. 206- 618- 0483 360- 239- 7304 360- 234- 5061 360- 273- 6691 360- 400- 2808 360- 493- 6002 Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Hill, Christian [mailto:chill@theolympian.com] Sent: Tuesday, November 24, 2009 1:20 PM To: Grant Beck Subject: RE: Smith Staff Reports Grant, Do you have a number on file for Dan Lee or Triance Homes? The one listed in the book and online is disconnected? Thanks, Christian From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, November 23, 2009 4:40 PM To: Hill, Christian Subject: Smith Staff Reports Christian - Attached are the staff reports without the attachments, some of which are fairly large. Please let me know if you need any of the backup materials. Thanks, Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Hill, Christian [chill@theolympian.com] Sent: Tuesday, November 24, 2009 1:20 PM To: Grant Beck Subject: RE: Smith Staff Reports Grant, Do you have a number on file for Dan Lee or Triance Homes? The one listed in the book and online is disconnected? Thanks, Christian From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, November 23, 2009 4:40 PM To: Hill, Christian Subject: Smith Staff Reports Christian - Attached are the staff reports without the attachments, some of which are fairly large. Please let me know if you need any of the backup materials. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 12:53 PM To: bdille@owensdavies.com; Tim Peterson Subject: Draft update for tonight Attachments: Staff Report to Council 1124.doc See attached... Comments and corrections are welcomed. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 12:31 PM To: bdille@owensdavies.com Subject: Palisades Attachments: Yelm Smith Residence Booster Pump Design; RE: ; RE: The Olympian Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 12:01 PM To: 'chill@theolympian.com' Subject: Additional Background Attachments: Letter from Brent Dille 102109.pdf; KL Gates Notice of Trustee Sale 101009.pdf Is attached. Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm ~ www.ci.yelm.wa.us wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Tuesday, November 24, 2009 11:42 AM To: Grant Beck Subject: RE: Yelm Smith Residence Booster Pump Design Okay, I am up to speed. Thank you. I am comfortable with you not attending tonight's meeting and having Tim deliver the update to Council, so coordinate with him. I agree with you and think it is important to have a printed staff report to hand out at the meeting that provides an update of what has happened (or not happened in the case of Cushman) since the last update to Council. Also, Ron needs to be brought up to speed on what has transpired and that you will have a staff report with updates and that Tim will be the lead staff giving the report. Thanks! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 24, 2009 11:04 AM To: Shelly Badger Subject: FW: Yelm Smith Residence Booster Pump Design FYI, sorry to bombard you with emails on this, but want you to be in the loop. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; Tim Peterson; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water 3/10/2010 Page 2 of 2 meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix ~t~th Arerczversary, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 11:30 AM To: Stephanie Ray Subject: Palisades Attachments: Yelm Smith Residence Booster Pump Design; RE: ; RE: The Olympian FYI . Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 11:04 AM To: Shelly Badger Subject: FW: Yelm Smith Residence Booster Pump Design Attachments: Smith Residence to DOH 112409.pdf FYI, sorry to bombard you with emails on this, but want you to be in the loop. Grant Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; Tim Peterson; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Rarametrix ~®r12an~2iUersar~, ~9~~-~oog inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond ~parametrix.com ~ ~l Before printing, please think green. 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:49 AM To: Grimm, Regina (DOH) Cc: Vince; Tim Peterson; Grant Beck; 'Doreen Milward' Subject: Yelm Smith Residence Booster Pump Design Attachments: Smith Residence to DOH 112409.pdf Hi Regina, Please find attached for you review the design calculations and a schematic drawing for the temporary booster pump system for the Smith residence in Yelm. This station is intended to provide the 30 psi domestic pressure at PHD required by WAC 246-290-230 at the Smith residence until the booster station serving the entire plat is constructed. Static pressure at the Smith residence water meter was measured by the City at 24 psi in mid-October of this year (normal system conditions, not PHD). As shown in the schematic, there is an existing RPBA on the customer side of the water meter. The pump and pressure switches will be located outside the residence with an electrical service disconnect and generator connection such that the booster system can be managed and controlled by the City of Yelm. As I mentioned in my voice mail, I have reviewed this package on behalf of the City, and all comments to date have been adequately addressed in the attached submittal. Please contact me if you have any questions or need additional information. Thank you for your attention to this matter. Parametrix 4othArcniversary, 1g69-~o09 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 10:59 AM To: Shelly Badger Subject: Palisades This just in (see below). I would be shocked if we hear from Health today so the status is still working on the engineering documents' and still waiting for Cushman to respond to the legal documents'. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:55 AM To: Vince Cc: Tim Peterson; Grant Beck Subject: RE: Hi Vince, I have reviewed the attached submittal and forwarded the water portion to DOH for their review. The sewer plan will need to be revised to more clearly show the location of the air-vac. The intent of the location I marked on the plan was 1) to minimize or eliminate the need to extend the existing sewer line, and 2) to keep the air-vac in City right-of-way in a location that would not hinder the future development of Lot 46. I am heading out the door, but I will contact you this afternoon or Monday to discuss this further. Parametrix 4®r,~ Ann~ve~sar~, ~~69-~®®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Tuesday, November 24, 2009 9:25 AM To: Randy Raymond Cc: 'Doreen Milward'; 'Tim' Subject: 3/10/2010 Page 2 of 2 Randy, Attached are the revised drawings and notes. The Yelm detail was getting a bit messy, so I retyped the notes regarding the riser, the lid, and the carbon filter. Thanks, Vince McClure, SE, PE, Ph. D. McClure, PLLC Post Office Box 8718 Lacey, Washington 98509-8718 Telephone: 360-791-4478 e-mail: mcclurepllc@comcast.net 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Tuesday, November 24, 2009 10:55 AM To: Vince Cc: Tim Peterson; Grant Beck Subject: RE: Hi Vince, I have reviewed the attached submittal and forwarded the water portion to DOH for their review. The sewer plan will need to be revised to more clearly show the location of the air-vac. The intent of the location I marked on the plan was 1) to minimize or eliminate the need to extend the existing sewer line, and 2) to keep the air-vac in City right-of-way in a location that would not hinder the future development of Lot 46. I am heading out the door, but I will contact you this afternoon or Monday to discuss this further. Parametrix ¢oth AnniuersarJ, ig69-~oog inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rray m o n d (cr~pa ra m etrix. co m Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Tuesday, November 24, 2009 9:25 AM To: Randy Raymond Cc: 'Doreen Milward'; 'Tim' Subject: Randy, Attached are the revised drawings and notes. The Yelm detail was getting a bit messy, so I retyped the notes regarding the riser, the lid, and the carbon filter. Thanks, Vince McClure, SE, PE, Ph. D. McClure, PLLC Post Office Box 8718 Lacey, Washington 98509-8718 Telephone: 360-791-4478 e-mail: mcclurepllc@comcast.net 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, November 24, 2009 8:35 AM To: Shelly Badger Subject: RE: The Olympian We have not received revised plans for the individual booster pump back from McClure (as far as I know) for review by the Department of Health. We have received no comments on the draft agreement from Cushman. Brent sent an email to Cushman on the 17th noting that Brent's expectation is that comments will be worked out with Brent, not directly with Council. Based on this status to date, I think Tim and I would recommend leaving the item on the table again. I will prepare an update staff report with that recommendation for distribution to Council tonight, but won't do it until 5:00 PM today to make sure it includes any late breaking news. Based on the status quo' was going to ask you if I skip the meeting tonight and let Tim handle any questions or the delivery of the staff report, as Heather is back up in Port Ludlow and she left me a long list of to-do's that I may not get to even with tomorrow off. Plus, I had asked Tim to handle the report to Council last meeting but got sucked into it myself. I think that seeing a different face at the table would not be a bad thing for either the Smiths or Council. If you don't agree, there is absolutely no heartburn on my end, I'm just thinking out loud. If you agree, I would contact Tim this morning to let him know what's up, make sure he understood the staff report later today and is fully prepared for the meeting. Grant Ps. I told you I would get you to the mall and I did not lie. I blame having two navigators for the roundabout way we took, but the main fault lies with the nutjob behind the week. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Tuesday, November 24, 2009 8:27 AM To: Grant Beck Subject: RE: The Olympian Thanks Grant, good job explaining everything to him. Where are we at for tonight? 3/10/2010 Page 2 of 2 Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, November 23, 2009 4:44 PM To: Shelly Badger Cc: Ron Harding Subject: The Olympian Shelly - I received a phone call from Christian Hill at the Olympian around 4:00 PM this afternoon regarding Palisades West. Christian had obviously been contacted by the family and had viewed at least some of the Council meetings. I went over the chronology, which he did not have, and answered questions until almost 4:40. I also sent him the staff reports for background. I think he understands the City's point of view, but is struggling with the emotional argument. He said he will probably call back tomorrow. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, November 24, 2009 8:27 AM To: Grant Beck Subject: RE: The Olympian Thanks Grant, good job explaining everything to him. Where are we at for tonight? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, November 23, 2009 4:44 PM To: Shelly Badger Cc: Ron Harding Subject: The Olympian Shelly - I received a phone call from Christian Hill at the Olympian around 4:00 PM this afternoon regarding Palisades West. Christian had obviously been contacted by the family and had viewed at least some of the Council meetings. I went over the chronology, which he did not have, and answered questions until almost 4:40. I also sent him the staff reports for background. I think he understands the City's point of view, but is struggling with the emotional argument. He said he will probably call back tomorrow. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, November 23, 2009 4:44 PM To: Shelly Badger Cc: Ron Harding Subject: The Olympian Shelly - I received a phone call from Christian Hill at the Olympian around 4:00 PM this afternoon regarding Palisades West. Christian had obviously been contacted by the family and had viewed at least some of the Council meetings. I went over the chronology, which he did not have, and answered questions until almost 4:40. I also sent him the staff reports for background. I think he understands the City's point of view, but is struggling with the emotional argument. He said he will probably call back tomorrow. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, November 23, 2009 4:40 PM To: 'chill@theolympian.com' Subject: Smith Staff Reports Attachments: Staff Report to Council 1027.pdf; Staff Report to Council 1110.pdf; Staff report to Council.pdf Christian - Attached are the staff reports without the attachments, some of which are fairly large. Please let me know if you need any of the backup materials. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, November 17, 2009 12:38 PM To: Shelly Badger Cc: Stephanie Ray Subject: FW: Smith Residence FYI. I'll forward any response we receive. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Tuesday, November 17, 2009 11:35 AM To: Ben Cushman Cc: Ron Harding; Tim Peterson; Grant Beck Subject: Smith Residence Ben, On October 30th I forwarded you the City's release language as promised at the October 27th council meeting and at that time sought your comments relative to the same. I understand from the City that Mr. Smith indicated to council at the last council meeting that the language is "unacceptable". Odd that the City should hear from your client and not from you given your desire to get this matter resolved in a timely fashion. I trust your not expecting to present your agreement to Council without my prior review and approval. I look forward to reviewing your revised settlement agreement the very near future. Best regards, Brent F. Dille O Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sostergard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. 3/10/2010 Page 2 of 2 IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 17, 2009 11:35 AM To: Ben Cushman Cc: Ron Harding; Tim Peterson; Grant Beck Subject: Smith Residence Ben, On October 30th I forwarded you the City's release language as promised at the October 27th council meeting and at that time sought your comments relative to the same. I understand from the City that Mr. Smith indicated to council at the last council meeting that the language is "unacceptable". Odd that the City should hear from your client and not from you given your desire to get this matter resolved in a timely fashion. I trust your not expecting to present your agreement to Council without my prior review and approval. I look forward to reviewing your revised settlement agreement the very near future. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sostergard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, November 17, 2009 11:20 AM To: 'Brent Dille' Subject: FW: Smith Residence Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Vince [mailto:mcclurepllc@comcast.net] Sent: Tuesday, November 17, 2009 10:10 AM To: 'Randy Raymond'; 'Doreen Milward'; Tim Peterson; Grant Beck Subject: RE: Smith Residence Randy, Thank you for the review comments. I'll get these done this week and resubmitted. Thanks, Vince From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, November 16, 2009 5:52 PM To: Vince; 'Doreen Milward'; 'Tim'; Grant Beck Subject: RE: Smith Residence Please find attached the City's review comments on the Smith Residence temporary water booster system and sanitary sewer odor control measures, provided by Vince McClure on November 11, 2009. The design calculations provided in the submittal have been reviewed and are accepted with no comments. All material and system design comments requiring responses are marked on the final two sheets of the attached package. Once these comments have been addressed to the City's satisfaction, the entire submittal package will be submitted by the City to the Department of Health Regional Engineer for review. In addition to the notes requested on the water booster system plan sheet, conditions regarding responsibility for maintenance and the ultimate removal of the temporary booster system should be addressed in the agreement being negotiated between the Smith family and the City. Please contact me with any questions regarding the review comments. Parametrix 4otliAnniversarJ, sg69-2o®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 3/10/2010 Page 2 of 2 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Wednesday, November 11, 2009 5:48 PM To: 'Doreen Milward'; Randy Raymond; 'Tim' Subject: Smith Residence AI I, Attached are my calculations and sketches for the Smith residence. I think this should work for everyone. Tim and Randy, if you need changes or have comments, please let me know. I've asked for delivery receipts since the file is large. If it doesn't go through, I'll break it into parts. Thanks, Vince 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 17, 2009 10:27 AM To: Grant Beck Cc: Ron Harding; Tim Peterson Subject: RE: Smith Residence Grant, I have not heard from Mr. Cushman regarding his comments on the City's release. I envision that we will need an executive session in order to full advise council on accepting anything less than what I proposed. I will let you know as soon as I hear from Mr. Cushman. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sostergard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, November 17, 2009 9:29 AM To: Brent Dille Cc: Ron Harding; Tim Peterson Subject: FW: Smith Residence Brent - I've been out of the office and haven't been in the loop on this, but it looks like 3/10/2010 Page 2 of 3 they submitted a proposal to Parametrix on the 11th. Our comments were sent back to them this morning (see attached). Take a look at the comments about maintenance and removal. These will probably have to be addressed in the agreement, and it mirrors the issue you have raised about what happens if the property is sold. Also, at the Council meeting next week, Mr. Smith indicated to Council that the agreement you provided Cushman was unacceptable'. Have you heard anything from Cushman on this and, if not, is it appropriate to follow-up with him based on his clients statement? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, November 16, 2009 5:52 PM To: Vince; 'Doreen Milward'; Tim Peterson; Grant Beck Subject: RE: Smith Residence Please find attached the City's review comments on the Smith Residence temporary water booster system and sanitary sewer odor control measures, provided by Vince McClure on November 11, 2009. The design calculations provided in the submittal have been reviewed and are accepted with no comments. All material and system design comments requiring responses are marked on the final two sheets of the attached package. Once these comments have been addressed to the City's satisfaction, the entire submittal package will be submitted by the City to the Department of Health Regional Engineer for review. In addition to the notes requested on the water booster system plan sheet, conditions regarding responsibility for maintenance and the ultimate removal of the temporary booster system should be addressed in the agreement being negotiated between the Smith family and the City. Please contact me with any questions regarding the review comments. Parametrix 4®r,~ Ann~ve~sar~, ~~69-~®®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com © Before printing, please think green. 3/10/2010 Page 3 of 3 From: Vince [mailto:mcclurepllc@comcast.net] Sent: Wednesday, November 11, 2009 5:48 PM To: 'Doreen Milward'; Randy Raymond; 'Tim' Subject: Smith Residence AI I, Attached are my calculations and sketches for the Smith residence. I think this should work for everyone. Tim and Randy, if you need changes or have comments, please let me know. I've asked for delivery receipts since the file is large. If it doesn't go through, I'll break it into parts. Thanks, Vince 3/10/2010 Page 1 of 2 Karen Bennett From: Vince [mcclurepllc@comcast.net] Sent: Tuesday, November 17, 2009 10:10 AM To: 'Randy Raymond'; 'Doreen Milward'; Tim Peterson; Grant Beck Subject: RE: Smith Residence Randy, Thank you for the review comments. I'll get these done this week and resubmitted. Thanks, Vince From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, November 16, 2009 5:52 PM To: Vince; 'Doreen Milward'; 'Tim'; Grant Beck Subject: RE: Smith Residence Please find attached the City's review comments on the Smith Residence temporary water booster system and sanitary sewer odor control measures, provided by Vince McClure on November 11, 2009. The design calculations provided in the submittal have been reviewed and are accepted with no comments. All material and system design comments requiring responses are marked on the final two sheets of the attached package. Once these comments have been addressed to the City's satisfaction, the entire submittal package will be submitted by the City to the Department of Health Regional Engineer for review. In addition to the notes requested on the water booster system plan sheet, conditions regarding responsibility for maintenance and the ultimate removal of the temporary booster system should be addressed in the agreement being negotiated between the Smith family and the City. Please contact me with any questions regarding the review comments. Parametrix ¢othAnniversccry, l}69-2009 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com ~~ Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Wednesday, November 11, 2009 5:48 PM To: 'Doreen Milward'; Randy Raymond; 'Tim' Subject: Smith Residence 3/10/2010 Page 2 of 2 AI I, Attached are my calculations and sketches for the Smith residence. I think this should work for everyone. Tim and Randy, if you need changes or have comments, please let me know. I've asked for delivery receipts since the file is large. If it doesn't go through, I'll break it into parts. Thanks, Vince 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Tuesday, November 17, 2009 9:29 AM To: 'Brent Dille' Cc: Ron Harding; Tim Peterson Subject: FW: Smith Residence Attachments: Smith Residence Plan Comments 111609.pdf Brent - I've been out of the office and haven't been in the loop on this, but it looks like they submitted a proposal to Parametrix on the 11th. Our comments were sent back to them this morning (see attached). Take a look at the comments about maintenance and removal. These will probably have to be addressed in the agreement, and it mirrors the issue you have raised about what happens if the property is sold. Also, at the Council meeting next week, Mr. Smith indicated to Council that the agreement you provided Cushman was unacceptable'. Have you heard anything from Cushman on this and, if not, is it appropriate to follow-up with him based on his clients statement? Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Monday, November 16, 2009 5:52 PM To: Vince; 'Doreen Milward'; Tim Peterson; Grant Beck Subject: RE: Smith Residence Please find attached the City's review comments on the Smith Residence temporary water booster system and sanitary sewer odor control measures, provided by Vince McClure on November 11, 2009. The design calculations provided in the submittal have been reviewed and are accepted with no comments. All material and system design comments requiring responses are marked on the final two sheets of the attached package. Once these comments have been addressed to the City's satisfaction, the entire submittal package will be submitted by the City to the Department of Health Regional Engineer for review. In addition to the notes requested on the water booster system plan sheet, conditions regarding responsibility for maintenance and the ultimate removal of the temporary booster system should be addressed in the agreement being negotiated between the Smith family and the City. 3/10/2010 Page 2 of 2 Please contact me with any questions regarding the review comments. Parametrix ~t~th Arercaverscxry, ~g6~-~~®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Wednesday, November 11, 2009 5:48 PM To: 'Doreen Milward'; Randy Raymond; 'Tim' Subject: Smith Residence AI I, Attached are my calculations and sketches for the Smith residence. I think this should work for everyone. Tim and Randy, if you need changes or have comments, please let me know. I've asked for delivery receipts since the file is large. If it doesn't go through, I'll break it into parts. Thanks, Vince 3/10/2010 Page 1 of 1 Karen Bennett From: Randy Raymond [RRaymond@parametrix.com] Sent: Monday, November 16, 2009 5:52 PM To: Vince; 'Doreen Milward'; Tim Peterson; Grant Beck Subject: RE: Smith Residence Attachments: Smith Residence Plan Comments 111609.pdf Please find attached the City's review comments on the Smith Residence temporary water booster system and sanitary sewer odor control measures, provided by Vince McClure on November 11, 2009. The design calculations provided in the submittal have been reviewed and are accepted with no comments. All material and system design comments requiring responses are marked on the final two sheets of the attached package. Once these comments have been addressed to the City's satisfaction, the entire submittal package will be submitted by the City to the Department of Health Regional Engineer for review. In addition to the notes requested on the water booster system plan sheet, conditions regarding responsibility for maintenance and the ultimate removal of the temporary booster system should be addressed in the agreement being negotiated between the Smith family and the City. Please contact me with any questions regarding the review comments. P~rametrix ¢othAnniversary, 19~g-2oog inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com J Before printing, please think green. From: Vince [mailto:mcclurepllc@comcast.net] Sent: Wednesday, November 11, 2009 5:48 PM To: 'Doreen Milward'; Randy Raymond; 'Tim' Subject: Smith Residence AI I, Attached are my calculations and sketches for the Smith residence. I think this should work for everyone. Tim and Randy, if you need changes or have comments, please let me know. I've asked for delivery receipts since the file is large. If it doesn't go through, I'll break it into parts. Thanks, Vince 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 16, 2009 3:15 PM To: Grant Beck; Janine Schnepf; Susan Davis; Maryam Olson; Tim Peterson; Stephanie Ray; Todd Stancil; Dana Spivey; Deonne Hardy Subject: 11-24/12-8 CC meetings info Hi, to aid in our Council packet organization For the Nov 24th CC meeting, I have 2 items approved as of today: o Thurston Climate Action Team -Grant o Public Hearing on ad valorem property taxes -Sue o Palisades ? - I do not have anything for this item? o If anyone has anything else, I need it asap on Tuesday morning or it will have to wait until Dec gth . There will be no Study Session this month on Nov 25th . The deadline for the December 8th CC meeting (traditionally the last Council meeting of the year) is Wed, Nov 25th due to the Thanksgiving holiday. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Monday, November 16, 2009 11:19 AM To: Lori Mossman Subject: RE: Additional information in response to Public Records Request Nope, that was included in my documents. Also note that stuff gets deleted from the web site when a new agenda gets published, so that report was sometime during the week of the 2nd. From: Lori Mossman Sent: Fri 11/13/2009 2:36 PM To: Grant Beck Subject: FW: Additional information in response to Public Records Request Are there any documents during that time that we did not send to Steve? Lori Mossman Deputy City Clerk/Public Records O~`ficer City of Yelm 105 Yelm A ve. W Yelm, WA 98597 360-458-8437 lorimC~ci, yelm, wa, us www.ci.yelm.wa.us From: Steve Klein [mailto:srklein@fairpoint.net] Sent: Friday, November 13, 2009 2:30 PM To: Lori Mossman Subject: Re: Additional information in response to Public Records Request What I was requesting were the documents that were located here from before Oct. 23rd until Nov 11th at Gam: http://www. ci.yelm.wa.us/agenda/attach/9a 1. pdf Lori Mossman wrote: Steve, I wanted to address your Public Records Request completely and clearly. Please note that the November 10th Palisades West Subdivision alteration was never posted to the website, therefore it could not have been removed. It was finalized after the close of business on the 10th and handed out to the Council at the meeting. Attached are all the staff reports and attachments regarding Palisades West subdivision alteration. Have a great day. 3/10/2010 Page 2 of 2 Lori Mossman Deouty City Clerk/Public Records Officer City of Yelm 105 Yelm Ave. W. Yelm, WA 98597 360-458-8437 lorimC~ci, yelm, wa, us Steve Klein 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 16, 2009 7:47 AM To: Grant Beck Subject: RE: Update Grant, I am so sorry, as we have discussed, loss is just plain hard on families. You have the support you need from here, so remember that. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, November 13, 2009 11:35 AM To: Shelly Badger Subject: Update Shelly - Trish made the decision last night to take John off the respirator. He died about 4 AM this morning. I am going to go up Sunday to be there when Patricia gets back from her dad's place and Ericka tells her what happened. I am also taking a load of essentials up to Heather, as she is going to be up there for the near future. It think I have everything caught up today and am going to head out. You've got the two staff reports, no news on Palisades (I will catch up with Brent next week), and I've talked to Lori and Gary about the Barb Wood records request. I am going to head out and try to organize things around my house and deal with dogs (they know something is wrong). I expect to be in late on Monday, but will play it by ear a bit. Tami has the Planning Commission covered, as usual. I will check email whenever I can and you can always reach me on my cell 790-2421. Have a great weekend. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Lori Mossman Sent: Friday, November 13, 2009 2:37 PM To: Grant Beck Subject: FW: Additional information in response to Public Records Request Are there any documents during that time that we did not send to Steve? Lori Mossman Deputy City Clerk/Public Records O~`ficer City of Yelm 105 Yelm A ve. W Yelm, WA 98597 360-458-8437 lorimC~ci, yelm, wa, us www.ci.yelm.wa.us From: Steve Klein [mailto:srklein@fairpoint.net] Sent: Friday, November 13, 2009 2:30 PM To: Lori Mossman Subject: Re: Additional information in response to Public Records Request What I was requesting were the documents that were located here from before Oct. 23rd until Nov 11th at Gam: http://www. ci.yelm.wa.us/agenda/attach/9a 1. pdf Lori Mossman wrote: Steve, I wanted to address your Public Records Request completely and clearly. Please note that the November 10th Palisades West Subdivision alteration was never posted to the website, therefore it could not have been removed. It was finalized after the close of business on the 10th and handed out to the Council at the meeting. Attached are all the staff reports and attachments regarding Palisades West subdivision alteration. Have a great day. Lori Mossman Deouty City Clerk/Public Records Officer City of Yelm 105 Yelm Ave. W. Yelm, WA 98597 360-458-8437 lorimCa~ci, yelm, wa, us 3/10/2010 Page 2 of 2 Steve Klein 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 10, 2009 4:57 PM To: Grant Beck Subject: RE: Chronology Grant, Its 4:56 and nothing from Cushman. Have fun tonight! Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, November 10, 2009 1:35 PM To: Tim Peterson; Brent Dille Cc: Shelly Badger; Ron Harding Subject: Chronology Attached is a chronology of goings on the last two weeks, just in case we need it at Council tonight (if Cushman shows up and says we haven't been doing anything). This would not be handed out unless necessary. I would attach Brent's email to Cushman re: getting plans in, the response from Cushman, the draft release, and Brent's letter from yesterday (all attached). Let me know if you have any changes. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 10, 2009 1:35 PM To: Tim Peterson; 'Brent Dille' Cc: Shelly Badger; Ron Harding Subject: Chronology Attachments: 11 09 2009 Dille letter.pdf; 10 29 2009 Cushman email.pdf; 10 30 2009 Dille email.pdf; 10 30 2009 Draft Release.pdf; Chronology.docx Attached is a chronology of goings on the last two weeks, just in case we need it at Council tonight (if Cushman shows up and says we haven't been doing anything). This would not be handed out unless necessary. I would attach Brent's email to Cushman re: getting plans in, the response from Cushman, the draft release, and Brent's letter from yesterday (all attached). Let me know if you have any changes. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 10, 2009 10:37 AM To: Shelly Badger Cc: Tim Peterson; 'Brent Dille'; Ron Harding Subject: Draft update report for tonight Attachments: Staff Report to Council 1110.doc Attached is a draft update staff report for tonight's Council meeting for your review and comment. This may change if we receive anything from the applicant's during the day. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, November 10, 2009 10:31 AM To: Grant Beck Subject: RE: Council tonight Your my hero! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Tuesday, November 10, 2009 10:28 AM To: Brent Dille Subject: Council tonight Did you hear anything from Cushman? We are going to proceed with trying to low key it, so at this point, unless something changes, you do not need to attend the meeting. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Shelly Badger Sent: Tuesday, November 10, 2009 9:08 AM To: Ron Harding; 'rnmharding@aol.com' Cc: Grant Beck Subject: FW: Cushman Letter Attachments: 0544_001. pdf Ron, Grant & I just discussed this chronology of events and approach for tonight's Council meeting. He is going to connect with you to discuss the options and get your preference. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 10, 2009 8:29 AM To: Shelly Badger Subject: FW: Cushman Letter Attached is a letter Brent sent to Cushman last night to document the status of the work efforts. A brief chronology since the last Council meeting. Tuesday, Oct. 27 -Council tables the matter again. Thursday, Oct. 29 -Brent emails Cushman indicating that we are waiting for their engineer's proposal in order to set up the Parametrix, Dept. of Health, and City meeting and requested the conceptual plan by Friday to set up a meeting the following week. Friday, Oct. 30 -Brent emails Cushman the draft release with a request for comments or concerns. We have heard nothing from Cushman on that document. Tuesday, Nov. 2 -Brent, Tim and I discuss that we haven't received anything from Vince McClure, the Smith's engineer. The to-do from this meeting is for Tim to call Randy Raymond of Parametrix and McCLure to check the status of the conceptual plan submission in order to get a meeting scheduled with Health to review the concept. Tim didn't make that call, but later in the day, Randy called McClure to schedule a meeting to discuss possible solutions. Thursday, Nov. 4 -Tim and Randy met with McClure. There was no conceptual 3/10/2010 Page 2 of 3 proposal, but they discussed possible ways to get adequate water pressure at the meter. It is possible the small booster pump currently in the garage can be moved out near (but behind) the meter on the Smith's lot. The pressure tank would stay in the garage. The pump would have to be in a hot box, but would not be generated, as we indicated in our earlier staff report. McClure was to have a design to us by Friday or Monday for review. To date, nothing has been submitted. Monday, Nov. 9 -Tim, Brent, and I discussed Tim's meeting and the status of the review. Because Cushman did not reply to Brent's proposed agreement and since we haven't received anything from McClure, we would like to have the Council leave the matter on the table until the next meeting. However, we were concerned Cushman et. al. would show up and want to keep pushing even without following through. So, I authorized Brent to send the attached letter laying it out for them (and documenting their inaction) in order to give them fair warning and also to see what their reaction would be (such as demanding time before Council). We have heard nothing yet. I have not talked to Tim yet this morning, but I think he would concur that we recommend leaving the matter on the table (the balls in their court) and if they show up tonight, ask Ron and Council to table it with no discussion. We can have a written report to them before the meeting, if you think the Council needs it, but it might prompt a demand for response by Cushman. I am available to discuss, if you need more background. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, November 09, 2009 6:04 PM To: Grant Beck; Tim Peterson Subject: Cushman Letter Grant, Attached is the letter that was faxed to Ban Cushman this afternoon. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. 3/10/2010 Page 3 of 3 P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 3 Karen Bennett From: Shelly Badger Sent: Tuesday, November 10, 2009 8:36 AM To: Grant Beck Subject: RE: Cushman Letter Grant, I have a couple of questions. Are you available? Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 10, 2009 8:29 AM To: Shelly Badger Subject: FW: Cushman Letter Attached is a letter Brent sent to Cushman last night to document the status of the work efforts. A brief chronology since the last Council meeting. Tuesday, Oct. 27 -Council tables the matter again. Thursday, Oct. 29 -Brent emails Cushman indicating that we are waiting for their engineer's proposal in order to set up the Parametrix, Dept. of Health, and City meeting and requested the conceptual plan by Friday to set up a meeting the following week. Friday, Oct. 30 -Brent emails Cushman the draft release with a request for comments or concerns. We have heard nothing from Cushman on that document. Tuesday, Nov. 2 -Brent, Tim and I discuss that we haven't received anything from Vince McClure, the Smith's engineer. The to-do from this meeting is for Tim to call Randy Raymond of Parametrix and McCLure to check the status of the conceptual plan submission in order to get a meeting scheduled with Health to review the concept. Tim didn't make that call, but later in the day, Randy called McClure to schedule a meeting to discuss possible solutions. Thursday, Nov. 4 -Tim and Randy met with McClure. There was no conceptual proposal, but they discussed possible ways to get adequate water pressure at the meter. It is possible the small booster pump currently in the garage can be moved out near (but behind) the meter on the Smith's lot. The pressure tank 3/10/2010 Page 2 of 3 would stay in the garage. The pump would have to be in a hot box, but would not be generated, as we indicated in our earlier staff report. McClure was to have a design to us by Friday or Monday for review. To date, nothing has been submitted. Monday, Nov. 9 -Tim, Brent, and I discussed Tim's meeting and the status of the review. Because Cushman did not reply to Brent's proposed agreement and since we haven't received anything from McClure, we would like to have the Council leave the matter on the table until the next meeting. However, we were concerned Cushman et. al. would show up and want to keep pushing even without following through. So, I authorized Brent to send the attached letter laying it out for them (and documenting their inaction) in order to give them fair warning and also to see what their reaction would be (such as demanding time before Council). We have heard nothing yet. I have not talked to Tim yet this morning, but I think he would concur that we recommend leaving the matter on the table (the balls in their court) and if they show up tonight, ask Ron and Council to table it with no discussion. We can have a written report to them before the meeting, if you think the Council needs it, but it might prompt a demand for response by Cushman. I am available to discuss, if you need more background. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, November 09, 2009 6:04 PM To: Grant Beck; Tim Peterson Subject: Cushman Letter Grant, Attached is the letter that was faxed to Ban Cushman this afternoon. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) 3/10/2010 Page 3 of 3 CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Tuesday, November 10, 2009 8:29 AM To: Shelly Badger Subject: FW: Cushman Letter Attachments: 0544_001. pdf Attached is a letter Brent sent to Cushman last night to document the status of the work efforts. A brief chronology since the last Council meeting. Tuesday, Oct. 27 -Council tables the matter again. Thursday, Oct. 29 -Brent emails Cushman indicating that we are waiting for their engineer's proposal in order to set up the Parametrix, Dept. of Health, and City meeting and requested the conceptual plan by Friday to set up a meeting the following week. Friday, Oct. 30 -Brent emails Cushman the draft release with a request for comments or concerns. We have heard nothing from Cushman on that document. Tuesday, Nov. 2 -Brent, Tim and I discuss that we haven't received anything from Vince McClure, the Smith's engineer. The to-do from this meeting is for Tim to call Randy Raymond of Parametrix and McCLure to check the status of the conceptual plan submission in order to get a meeting scheduled with Health to review the concept. Tim didn't make that call, but later in the day, Randy called McClure to schedule a meeting to discuss possible solutions. Thursday, Nov. 4 -Tim and Randy met with McClure. There was no conceptual proposal, but they discussed possible ways to get adequate water pressure at the meter. It is possible the small booster pump currently in the garage can be moved out near (but behind) the meter on the Smith's lot. The pressure tank would stay in the garage. The pump would have to be in a hot box, but would not be generated, as we indicated in our earlier staff report. McClure was to have a design to us by Friday or Monday for review. To date, nothing has been submitted. Monday, Nov. 9 -Tim, Brent, and I discussed Tim's meeting and the status of the review. Because Cushman did not reply to Brent's proposed agreement and since we haven't received anything from McClure, we would like to have the Council leave the matter on the table until the next meeting. However, we were 3/10/2010 Page 2 of 3 concerned Cushman et. al. would show up and want to keep pushing even without following through. So, I authorized Brent to send the attached letter laying it out for them (and documenting their inaction) in order to give them fair warning and also to see what their reaction would be (such as demanding time before Council). We have heard nothing yet. I have not talked to Tim yet this morning, but I think he would concur that we recommend leaving the matter on the table (the balls in their court) and if they show up tonight, ask Ron and Council to table it with no discussion. We can have a written report to them before the meeting, if you think the Council needs it, but it might prompt a demand for response by Cushman. I am available to discuss, if you need more background. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, November 09, 2009 6:04 PM To: Grant Beck; Tim Peterson Subject: Cushman Letter Grant, Attached is the letter that was faxed to Ban Cushman this afternoon. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal 3/10/2010 Page 3 of 3 Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, November 09, 2009 6:04 PM To: Grant Beck; Tim Peterson Subject: Cushman Letter Attachments: 0544_001. pdf Grant, Attached is the letter that was faxed to Ban Cushman this afternoon. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, November 09, 2009 4:05 PM To: Grant Beck Subject: RE: Palisades West Cushman Letter It's on the way to Ben as I type. From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, November 09, 2009 4:06 PM To: Brent Dille Subject: RE: Palisades West Cushman Letter I wouldn't add a thing. Thanks, Brent! Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, November 09, 2009 3:59 PM To: Grant Beck; Tim Peterson Subject: Palisades West Cushman Letter Please review and let me know I should add something. Thanks! Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sosteraardCc~owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (l) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, November 09, 2009 4:06 PM To: 'Brent Dille' Subject: RE: Palisades West Cushman Letter I wouldn't add a thing. Thanks, Brent! Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Monday, November 09, 2009 3:59 PM To: Grant Beck; Tim Peterson Subject: Palisades West Cushman Letter Please review and let me know I should add something. Thanks! Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sostergard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, November 09, 2009 3:59 PM To: Grant Beck; Tim Peterson Subject: Palisades West Cushman Letter Attachments: CushmanLtr110909.pdf Please review and let me know I should add something. Thanks! Brent Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 sostergard@owensdavies.com CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 09, 2009 3:10 PM To: Grant Beck Subject: RE: Palisades Tomorrow morning is fine, however, I have a conference call at 10:30, so would like to have it all organized before then. That gives time to connect with Ron and for Janine to call the Smith's and their legal counsel to inform them of a 'tabling' of the issue, should that be the recommendation. Thanks for the update. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, November 09, 2009 3:03 PM To: Shelly Badger Subject: Palisades Shelly - Tim and I are going to talk to Brent this afternoon to update him about the status and develop a recommendation for how we proceed tomorrow. As soon as we come to a recommendation, we will forward it to you for approval. It may not be until tomorrow morning, though. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, November 09, 2009 3:03 PM To: Shelly Badger Subject: Palisades Shelly - Tim and I are going to talk to Brent this afternoon to update him about the status and develop a recommendation for how we proceed tomorrow. As soon as we come to a recommendation, we will forward it to you for approval. It may not be until tomorrow morning, though. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Monday, November 09, 2009 1:54 PM To: Grant Beck Subject: RE: Phone call Talk to you then! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, November 09, 2009 1:52 PM To: Brent Dille Cc: Tim Peterson Subject: Phone call Tim and are going to give you a call between 3:20 and 3:30 this afternoon. Thanks! Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, November 09, 2009 11:55 AM To: bdille@owensdavies.com Subject: Time this morning Do you have a couple minutes to talk to Tim and I about Palisades West? Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Tim Peterson Sent: Friday, November 06, 2009 3:32 PM To: Grant Beck Subject: FW: Forrester Heights Approved Plans From: Vince [mailto:mcclurepllc@comcast.net] Sent: Friday, November 06, 2009 3:25 PM To: 'Randy Raymond' Cc: Tim Peterson; 'Doreen Milward' Subject: RE: Forrester Heights Approved Plans Randy, Thanks. Tim, I talked to Randy yesterday, just a few minutes after we ended. I'm assuming he told you that we were not going to get a submittal to DOH by Monday. I'll try to have a preliminary design to you both by Monday PM or Tuesday before Noon. Thanks for your help. Vince From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Thursday, November 05, 2009 3:17 PM To: Vince McClure (mcclurepllc@comcast.net) Cc: Tim Subject: Forrester Heights Approved Plans Hi Vince, Please find attached a PDF of the approved plans for Forrester Heights (now known as Palisades West). Per our telephone discussion, I will contact Regina Grimm and let her know that we will not be ready for her review tomorrow or Monday. We will wait for a submittal from you on Monday. Please feel free to call me if you have any questions. ~arametrlX ~othAnniuersa.ry, r~C9-2o®9 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond ~parametrix.com ~j` Before printing, please think green. 3/10/2010 Page 1 of 1 Karen Bennett From: Tim Peterson Sent: Friday, November 06, 2009 10:09 AM To: Grant Beck Subject: FW: Forrester Heights Approved Plans Attachments: Forrester Heights Approved Plans.pdf From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Thursday, November 05, 2009 3:17 PM To: Vince McClure (mcclurepllc@comcast.net) Cc: Tim Peterson Subject: Forrester Heights Approved Plans Hi Vince, Please find attached a PDF of the approved plans for Forrester Heights (now known as Palisades West). Per our telephone discussion, I will contact Regina Grimm and let her know that we will not be ready for her review tomorrow or Monday. We will wait for a submittal from you on Monday. Please feel free to call me if you have any questions. Parametrix 4®r~~ AnnaverSarJ, sg~~-~®®~ inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, November 05, 2009 2:15 PM To: 'david.cannon@homestreet.com' Cc: 'Richard J. Day' Subject: Building Permit -Lot 15 Palisades West Attachments: Andrew Smith Records Request 062909.pdf David - Attached is a copy of the entire building file for Lot 15 of Palisades West, including the approved construction plans with the note requiring the booster pump station prior to issuance of a certificate of occupancy. If you have any questions, please don't hesitate to give me a call. Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Thursday, November 05, 2009 8:20 AM To: Grant Beck Subject: RE: Palisades OK, I will try. Depending on how long the McMonigle meeting and after briefing takes. I have an 11:15 conference call with Sally at Ecology, but it should be finished by 11:30. I will stop by. Are you going to Sumner? Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Thursday, November 05, 2009 8:09 AM To: Shelly Badger Subject: Palisades I am going to need another 10 minutes sometime this morning, hopefully before Tim leaves for Sumner at noon. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, November 05, 2009 8:09 AM To: Shelly Badger Subject: Palisades I am going to need another 10 minutes sometime this morning, hopefully before Tim leaves for Sumner at noon. Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Wednesday, November 04, 2009 2:43 PM To: Grant Beck Subject: RE: i think tim got in about noon but then left again? Good luck..... From: Grant Beck Sent: Wednesday, November 04, 2009 2:42 PM To: Stephanie Ray Subject: RE: i think tim got in about noon but then left again? He showed up here at 1:00 PM for pre-subs. He has a meeting with Randy Raymond and Vince McLure tomorrow in Sumner and wants me to go. He thinks he can solve the engineering solution using an individual booster pump and wants me to go with him. I am going to consult with Shelly (like she needs this). Arrg h. Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Stephanie Ray Sent: Wednesday, November 04, 2009 2:23 PM To: Grant Beck Subject: i think tim got in about noon but then left again? Stephanie Ray Project Manager City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Phone: (360) 458-8414 Fax: (360) 458-8417 email: stephanier@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Wednesday, November 04, 2009 9:05 AM To: Stephanie Ray Subject: FW: Palisades Remember, if I make it past Tracey Wood, you promised to have my back from here on out! From: Grant Beck Sent: Wednesday, November 04, 2009 9:04 AM To: Shelly Badger Subject: RE: Palisades One thing I am running into in trying to keep things moving is Tim's schedule. I owe Janine an updated staff report and won't be able to debrief with Tim until 10:00 or so... I've left a voicemail for him and checked with Deonne to see if he's here yet. I told Janine to expect my update late morning. Grant From: Shelly Badger Sent: Wednesday, November 04, 2009 8:54 AM To: Grant Beck Subject: RE: Palisades OK, let me know if you need anything! Good job on winning the battle of the leaves O. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 5:33 PM To: Shelly Badger Subject: RE: Palisades I'm ok, just reporting so you are in the loop. We conferenced with Brent and Tim left with a todo (connect with Randy and their engineer). I will see what happened in the morning and then we can decide next steps. Yes, it is getting harder. Grant ps. I awarded myself the distinguished rake medal today with maple leaf clusters. It was an epic battle, but I prevailed against the enemy even though outnumbered 2,265,482,131 to 2 (my Dad helped). The little bastards will remember my name as they compost to eternity! From: Shelly Badger Sent: Tue 11/3/2009 1:50 PM To: Grant Beck 3/10/2010 Page 2 of 2 Subject: RE: Palisades Not sure how your meeting went with Tim this morning, but it feels like this is getting harder than it needs to be. Maybe we should take Ron up on the offer to delay it 2 more weeks. I want us to be decisive and organized. Do you need me to do anything related to Tim or are you still comfortable working it thru with him? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Wednesday, November 04, 2009 9:04 AM To: Shelly Badger Subject: RE: Palisades One thing I am running into in trying to keep things moving is Tim's schedule. I owe Janine an updated staff report and won't be able to debrief with Tim until 10:00 or so... I've left a voicemail for him and checked with Deonne to see if he's here yet. I told Janine to expect my update late morning. Grant From: Shelly Badger Sent: Wednesday, November 04, 2009 8:54 AM To: Grant Beck Subject: RE: Palisades OK, let me know if you need anything! Good job on winning the battle of the leaves O. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 5:33 PM To: Shelly Badger Subject: RE: Palisades I'm ok, just reporting so you are in the loop. We conferenced with Brent and Tim left with a todo (connect with Randy and their engineer). I will see what happened in the morning and then we can decide next steps. Yes, it is getting harder. Grant ps. I awarded myself the distinguished rake medal today with maple leaf clusters. It was an epic battle, but I prevailed against the enemy even though outnumbered 2,265,482,131 to 2 (my Dad helped). The little bastards will remember my name as they compost to eternity! From: Shelly Badger Sent: Tue 11/3/2009 1:50 PM To: Grant Beck Subject: RE: Palisades Not sure how your meeting went with Tim this morning, but it feels like this is getting harder than it needs to be. Maybe we should take Ron up on the offer to delay it 2 more weeks. I want us to be decisive and organized. Do you need me to do anything related to Tim or are you still comfortable working it thru with him? sb 3/10/2010 Page 2 of 2 Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Wednesday, November 04, 2009 8:54 AM To: Grant Beck Subject: RE: Palisades OK, let me know if you need anything! Good job on winning the battle of the leaves O. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 5:33 PM To: Shelly Badger Subject: RE: Palisades I'm ok, just reporting so you are in the loop. We conferenced with Brent and Tim left with a todo (connect with Randy and their engineer). I will see what happened in the morning and then we can decide next steps. Yes, it is getting harder. Grant ps. I awarded myself the distinguished rake medal today with maple leaf clusters. It was an epic battle, but I prevailed against the enemy even though outnumbered 2,265,482,131 to 2 (my Dad helped). The little bastards will remember my name as they compost to eternity! From: Shelly Badger Sent: Tue 11/3/2009 1:50 PM To: Grant Beck Subject: RE: Palisades Not sure how your meeting went with Tim this morning, but it feels like this is getting harder than it needs to be. Maybe we should take Ron up on the offer to delay it 2 more weeks. I want us to be decisive and organized. Do you need me to do anything related to Tim or are you still comfortable working it thru with him? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for 3/10/2010 Page 2 of 2 Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 03, 2009 5:33 PM To: Shelly Badger Subject: RE: Palisades I'm ok, just reporting so you are in the loop. We conferenced with Brent and Tim left with a todo (connect with Randy and their engineer). I will see what happened in the morning and then we can decide next steps. Yes, it is getting harder. Grant ps. I awarded myself the distinguished rake medal today with maple leaf clusters. It was an epic battle, but I prevailed against the enemy even though outnumbered 2,265,482,131 to 2 (my Dad helped). The little bastards will remember my name as they compost to eternity! From: Shelly Badger Sent: Tue 11/3/2009 1:50 PM To: Grant Beck Subject: RE: Palisades Not sure how your meeting went with Tim this morning, but it feels like this is getting harder than it needs to be. Maybe we should take Ron up on the offer to delay it 2 more weeks. I want us to be decisive and organized. Do you need me to do anything related to Tim or are you still comfortable working it thru with him? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Page 1 of 1 Karen Bennett From: Karen Bennett Sent: Tuesday, November 03, 2009 3:01 PM To: 'rraymond@parametrix.com' Subject: Forrester Heights PH1 /Palisades West Approved Civil Plans Attachments: Approved For Construction Plans.pdf Per Tim Peterson, Fublic Works, City of Yelm I am forwarding you the approved civil plans for Forrester Heights. If I can be of additional assistance, please drop me a note. Karen T. Bennett City of Yelm l05 YelmAvenue West Yelm, WA 98597 (360)458-3835 Fax (360)458-3144 0 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, November 03, 2009 1:50 PM To: Grant Beck Subject: RE: Palisades Not sure how your meeting went with Tim this morning, but it feels like this is getting harder than it needs to be. Maybe we should take Ron up on the offer to delay it 2 more weeks. I want us to be decisive and organized. Do you need me to do anything related to Tim or are you still comfortable working it thru with him? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, November 03, 2009 1:22 PM To: Janine Schnepf; Ron Harding Cc: Grant Beck; Tim Peterson Subject: RE: 11-10-09 Agenda Review Page 1 of 1 Janine, the agenda looks good, however, based on Ron's a-mail re: Palisades West, we will make a Wed morning decision on whether to leave this item on the agenda or delay it to the Nov 24th CC meeting. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, November 03, 2009 12:15 PM To: Ron Harding; Shelly Badger Subject: 11-10-09 Agenda Review attached for your review Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Stephanie Ray Sent: Tuesday, November 03, 2009 11:36 AM To: Grant Beck Subject: RE: Forester Heights Pressure Sustaining Valve ok thanks. From: Grant Beck Sent: Tuesday, November 03, 2009 11:10 AM To: Stephanie Ray Subject: FW: Forester Heights Pressure Sustaining Valve From: Tim Peterson Sent: Monday, November 02, 2009 4:10 PM To: Grant Beck Subject: FW: Forester Heights Pressure Sustaining Valve From: Jim Doty Sent: Monday, November 02, 2009 10:05 AM To: Tim Peterson Subject: FW: Forester Heights Pressure Sustaining Valve Jim Doty Plant Manager City of Yelm Water Reclamation Facility 931 N.P. Road Mail: 105 Yelm Avenue W Yelm, WA 98597 Ph. (360)458-8411 Fax. (360)458-8166 From: Alam, Mahbub (ECY) [mailto:MALA461@ECY.WA.GOV] Sent: Monday, November 02, 2009 9:36 AM To: Jim Doty Cc: Tim Peterson; Zentner, Greg (ECY) Subject: RE: Forester Heights Pressure Sustaining Valve Hi, Jim: Thank you contacting us regarding this project in your collections system. I appreciate your notes and drawings. We typically do not need to review and approve such projects within your collection system, however, you should give us a notification letter describing the project and make sure it is within the scope of your general sewer plan. 3/10/2010 Page 2 of 2 Please let me know if you have any questions. Mahbub Alam, Ph.D., P.E. Environmental Engineer Department of Ecology 360/407-6318 From: Jim Doty [mailto:jimd@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 3:41 PM To: Zentner, Greg (ECY); Alam, Mahbub (ECY) Cc: Tim Peterson Subject: Forester Heights Pressure Sustaining Valve Mahbub/Greg Tim Peterson, the Public Works Director requested that I contact you regarding an issue we are having with a development in our city. The development is on a hill and is higher than the influent tower at our facility which is designed to keep the STEP Force Mains full of liquid. Unfortunately, The development was given final approval prior to the terms of the STEP Sewer design being fulfilled. (I don't know the Story behind why this approval was given, however it was above the management level at which I am at.) Bottom line, we have a development that needs to have a pressure Sustaining Valve installed in order to keep the force main full of fluid (sewage) instead of allowing the pipe to fill with Hydrogen Sulfide. All sides have agreed on the need for this valve, however, my understanding is that it is still under negotiations on who is going to pay for the valve. However, That is simply background information to help you understand what this issue is about. What we are asking of you is whether the Dept. of Ecology needs to review the design of this pressure sustaining valve system to give its blessing to its design. I have attached two rough drawings to explain the need for the valve. Please forgive my artistic skill, those two drawings are only meant as a visual aid to explain the need for the valve. I have also attached a copy of the engineer's drawing for the valve assembly for the department's review if required. Thank you for your time Jim Doty Plant Manager City of Yelm Water Reclamation Facility 931 N.P. Road Mail: 105 Yelm Avenue W Yelm, WA 98597 Ph. (360)458-8411 Fax. (360)458-8166 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, November 03, 2009 11:18 AM To: Shelly Badger Cc: Stephanie Ray Subject: Palisades Attachments: Voice Message.wav; FW: Forester Heights Pressure Sustaining Valve Here is the voice mail from Randy Raymond from last night. I sent the voicemail to Brent and am now waiting for Tim to stop by in order to call Brent and figure out next steps. I spoke with Tim briefly yesterday about the sewer issue and what Randy is working on at the moment, but didn't get a good feel for what is happening. I am worried that we are starting to spend time on things that have already been addressed, for good or bad, and not focusing on the appropriate legal issues. Hopefully, when I get a chance to talk to Tim and Brent we can slow down and get a plan together for next steps. I am also forwarding an email Jim sent to DOE which concerns me. Grant 3/10/2010 Page 1 of 1 Karen Bennett From: Ron Harding Sent: Monday, November 02, 2009 7:03 PM To: Shelly Badger; Janine Schnepf Cc: Grant Beck; Tim Peterson Subject: RE: DRAFT report - 11-09-09 CC mtg -Palisades West Hi All With great respect for the Smiths and the council, I am just a bit concerned that we are trying to rush this work and if the proposed changes do not work for the Smith, they may use our work effort against the city. If we can not get this done by the council meeting than it just will have to wait. I just wanted staff to know I would rather be safe then sorry and they have my support here. Thanks Ron From: Shelly Badger Sent: Mon 11/2/2009 11:20 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Tim Peterson Subject: DRAFT report - 11-09-09 CC mtg -Palisades West Hi, here is the draft staff report for the 11-10-09 CC agenda. There are blanks to be filled in as information becomes available. I just wanted to ensure that the item has a placeholder on the agenda. I have attached Brent's e-mail of the release which is also being reviewed by the Smith's attorney. So bottom line, both documents will be revised, up to publication of the agenda on Wednesday morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantbt~ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Tim Peterson Sent: Monday, November 02, 2009 4:10 PM To: Grant Beck Subject: FW: Forester Heights Pressure Sustaining Valve From: Jim Doty Sent: Monday, November 02, 2009 10:05 AM To: Tim Peterson Subject: FW: Forester Heights Pressure Sustaining Valve Jim Doty Plant Manager City of Yelm Water Reclamation Facility 931 N.P. Road Mail: 105 Yelm Avenue W Yelm, WA 98597 Ph. (360)458-8411 Fax. (360)458-8166 From: Alam, Mahbub (ECY) [mailto:MALA461@ECY.WA.GOV] Sent: Monday, November 02, 2009 9:36 AM To: Jim Doty Cc: Tim Peterson; Zentner, Greg (ECY) Subject: RE: Forester Heights Pressure Sustaining Valve Hi, Jim: Thank you contacting us regarding this project in your collections system. I appreciate your notes and drawings. We typically do not need to review and approve such projects within your collection system, however, you should give us a notification letter describing the project and make sure it is within the scope of your general sewer plan. Please let me know if you have any questions. Mahbub Alam, Ph.D., P.E. Environmental Engineer Department of Ecology 360/407-6318 From: Jim Doty [mailto:jimd@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 3:41 PM To: Zentner, Greg (ECY); Alam, Mahbub (ECY) Cc: Tim Peterson Subject: Forester Heights Pressure Sustaining Valve Mahbub/Greg 3/10/2010 Page 2 of 2 Tim Peterson, the Public Works Director requested that I contact you regarding an issue we are having with a development in our city. The development is on a hill and is higher than the influent tower at our facility which is designed to keep the STEP Force Mains full of liquid. Unfortunately, The development was given final approval prior to the terms of the STEP Sewer design being fulfilled. (I don't know the Story behind why this approval was given, however it was above the management level at which I am at.) Bottom line, we have a development that needs to have a pressure Sustaining Valve installed in order to keep the force main full of fluid (sewage) instead of allowing the pipe to fill with Hydrogen Sulfide. All sides have agreed on the need for this valve, however, my understanding is that it is still under negotiations on who is going to pay for the valve. However, That is simply background information to help you understand what this issue is about. What we are asking of you is whether the Dept. of Ecology needs to review the design of this pressure sustaining valve system to give its blessing to its design. I have attached two rough drawings to explain the need for the valve. Please forgive my artistic skill, those two drawings are only meant as a visual aid to explain the need for the valve. I have also attached a copy of the engineer's drawing for the valve assembly for the department's review if required. Thank you for your time. Jim Doty Plant Manager City of Yelm Water Reclamation Facility 931 N.P. Road Mail: 105 Yelm Avenue W Yelm, WA 98597 Ph. (360)458-8411 Fax. (360)458-8166 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 02, 2009 11:21 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Tim Peterson Subject: DRAFT report - 11-09-09 CC mtg -Palisades West Attachments: Staff Report to Council 1110.doc; Release Language Hi, here is the draft staff report for the 11-10-09 CC agenda. There are blanks to be filled in as information becomes available. I just wanted to ensure that the item has a placeholder on the agenda. I have attached Brent's e-mail of the release which is also being reviewed by the Smith's attorney. So bottom line, both documents will be revised, up to publication of the agenda on Wednesday morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantbt~ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 02, 2009 10:27 AM To: Grant Beck Subject: RE: City Council Agenda Item -Palisades West Grant, I am preparing to send items to Janine and I feel like I need an update on this issue. Could you stop by when you get a chance. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 3:19 PM To: Ben Cushman Cc: Tim Peterson; Grant Beck; Ron Harding; Ron Harding; Shelly Badger; Stephanie Ray Subject: Release Language Attachments: Release Language.pdf Ben, Attached please find the City accepted release language which would be required to be included in any amendment to the Palisades West Plat. We still need to address the liability of the Smith's successor. Please call ore-mail me with any questions or concerns. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 3:06 PM To: Brent Dille Subject: Edits Attachments: Release Language (2).doc I had added a blurb on the version I sent for internal review this morning, I thought I sent you a copy, but here it is regardless! Have a great weekend. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attachments: Staff Report to Council 1110.doc Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 11:37 AM To: Tim Peterson Subject: RE: Draft Report -Palisades West I had to make sure you read it somehow! From: Tim Peterson Sent: Fri 10/30/2009 10:30 AM To: Grant Beck Subject: RE: Draft Report -Palisades West I think it looks good, but you spelled my name wrong. From: Grant Beck Sent: Thursday, October 29, 2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Tim Peterson Sent: Friday, October 30, 2009 10:30 AM To: Grant Beck Subject: RE: Draft Report -Palisades West I think it looks good, but you spelled my name wrong. From: Grant Beck Sent: Thursday, October 29, 2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Stephanie Ray Sent: Friday, October 30, 2009 9:21 AM To: Grant Beck Subject: RE: Draft Report -Palisades West Yea I get it. I will read this afternoon for sure. Maybe I will go to the bathroom and hold up in a stall for a few minutes.... From: Grant Beck Sent: Friday, October 30, 2009 9:16 AM To: Stephanie Ray Subject: RE: Draft Report -Palisades West Absolutely, but I will not be able to stop unless I hear from you that the Ordinaince looks ok and that you don't need anything else from me on that piece. 9 From: Stephanie Ray Sent: Fri 10/30/2009 9:11 AM To: Grant Beck Subject: RE: Draft Report -Palisades West My day is sooo stupid. I have been on a conf. call since 8 another at 10 and then Oly til 5. All water work. Can we touch base first thing Monday? Hope you have a great weekend.....some detune time O me From: Grant Beck Sent: Friday, October 30, 2009 9:01 AM To: Stephanie Ray Subject: FW: Draft Report -Palisades West Would you take a look at this forme, since I doubt I am going to get anything from Tim? From: Grant Beck Sent: Thu 10/29/2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. 3/10/2010 Page 2 of 2 Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 9:16 AM To: Stephanie Ray Subject: RE: Draft Report -Palisades West Absolutely, but I will not be able to stop unless I hear from you that the Ordinaince looks ok and that you don't need anything else from me on that piece. 9 From: Stephanie Ray Sent: Fri 10/30/2009 9:11 AM To: Grant Beck Subject: RE: Draft Report -Palisades West My day is sooo stupid. I have been on a conf. call since 8 another at 10 and then Oly til 5. All water work. Can we touch base first thing Monday? Hope you have a great weekend.....some detune time O me From: Grant Beck Sent: Friday, October 30, 2009 9:01 AM To: Stephanie Ray Subject: FW: Draft Report -Palisades West Would you take a look at this forme, since I doubt I am going to get anything from Tim? From: Grant Beck Sent: Thu 10/29/2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 9:09 AM To: Grant Beck Subject: RE: Staff Report Ahhh...Good Times Indeed! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 30, 2009 9:09 AM To: Brent Dille Subject: RE: Staff Report Absolutely, what was intended there was the work you've already done, so I'll clarify! Thank you very much, and I'm sorry this is so hard. Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Fri 10/30/2009 9:01 AM To: Grant Beck Subject: RE: Staff Report Grant, Looks good to me but can you tweak the language to limit my job to drafting proposed release and indemnification language? Unfortunately I'm not going to have tome today to draft an entire agreement. Thanks! Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 30, 2009 8:57 AM To: Brent Dille Subject: Staff Report Did my staff report look ok enough to send to Shelly? 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Friday, October 30, 2009 9:12 AM To: Grant Beck Subject: RE: Draft Report -Palisades West My day is sooo stupid. I have been on a conf. call since 8 another at 10 and then Oly til 5. All water work. Can we touch base first thing Monday? Hope you have a great weekend.....some detune time O me From: Grant Beck Sent: Friday, October 30, 2009 9:01 AM To: Stephanie Ray Subject: FW: Draft Report -Palisades West Would you take a look at this forme, since I doubt I am going to get anything from Tim? From: Grant Beck Sent: Thu 10/29/2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Friday, October 30, 2009 9:10 AM To: Grant Beck Subject: RE: Draft Report -Palisades West Looks really good. No changes. From: Grant Beck Sent: Friday, October 30, 2009 9:01 AM To: Stephanie Ray Subject: FW: Draft Report -Palisades West Would you take a look at this forme, since I doubt I am going to get anything from Tim? From: Grant Beck Sent: Thu 10/29/2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 9:01 AM To: Grant Beck Subject: RE: Staff Report Grant, Looks good to me but can you tweak the language to limit my job to drafting proposed release and indemnification language? Unfortunately I'm not going to have tome today to draft an entire agreement. Thanks! Brent From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 30, 2009 8:57 AM To: Brent Dille Subject: Staff Report Did my staff report look ok enough to send to Shelly? 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 9:01 AM To: Stephanie Ray Subject: FW: Draft Report -Palisades West Attachments: Staff Report to Council 1110.doc Would you take a look at this forme, since I doubt I am going to get anything from Tim? From: Grant Beck Sent: Thu 10/29/2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Friday, October 30, 2009 8:57 AM To: Grant Beck; Tim Peterson Cc: Shelly Badger; 'Brent Dille' Subject: RE: Draft Release document No additional comment. From: Grant Beck Sent: Friday, October 30, 2009 8:52 AM To: Tim Peterson; Stephanie Ray Cc: Shelly Badger; Brent Dille Subject: Draft Release document Brent has started a shell release of liability document to get to Ben Cushman to review today. Your initial comments by early afternoon (2:00 PM) would be appreciated. Thanks! Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, October 30, 2009 8:55 AM To: Grant Beck Subject: RE: Working remotely Thank you. Good plan O Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 8:45 AM To: Shelly Badger Subject: Working remotely Shelly - I am half working from home this morning, but can come in if you need me. The main thing I have going is a staff report for Palisades West, working with Brent on the liability part, and support for Steph on the condemnation Ordinance. I am at 493-2587 if you need me. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantbt~ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 8:52 AM To: Tim Peterson; Stephanie Ray Cc: Shelly Badger; Brent Dille Subject: Draft Release document Attachments: Release Language (2).doc Brent has started a shell release of liability document to get to Ben Cushman to review today. Your initial comments by early afternoon (2:00 PM) would be appreciated. Thanks! Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 8:42 AM To: Grant Beck Subject: RE: Release Language Draft Attachments: Release Language.doc Let's try this! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 30, 2009 8:17 AM To: Brent Dille Subject: RE: Release Language Draft Brent - The language in section 2 seems like it applies to an office lease and probably needs to be reworded. I think this is all in there but I just want to make sure that the insurance covers claims by others for loss in a fire, for any damage to the City sewer system due to lack of a PSV, and any requirement by Health that the Clty upgrade it's water system to serve the Smith house. I am working from home this morning, but will circulate the next draft to Shelly, Steph, and Tim from here. Thanks! Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thu 10/29/2009 5:07 PM To: Grant Beck Subject: RE: Release Language Draft I believe the proper salutation is Mr. Dumbass! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 5:10 PM To: Brent Dille Subject: RE: Release Language Draft I think that you forgot to attach the document, dumbass. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] 3/10/2010 Page 2 of 2 Sent: Thursday, October 29, 2009 5:02 PM To: Grant Beck Subject: Release Language Draft Let me know what you think. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 8:22 AM To: Grant Beck Subject: RE: Release Language Draft Let me make the changes first and I'll get you a draft to send around. Thanks! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 30, 2009 8:17 AM To: Brent Dille Subject: RE: Release Language Draft Brent - The language in section 2 seems like it applies to an office lease and probably needs to be reworded. I think this is all in there but I just want to make sure that the insurance covers claims by others for loss in a fire, for any damage to the City sewer system due to lack of a PSV, and any requirement by Health that the Clty upgrade it's water system to serve the Smith house. I am working from home this morning, but will circulate the next draft to Shelly, Steph, and Tim from here. Thanks! Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thu 10/29/2009 5:07 PM To: Grant Beck Subject: RE: Release Language Draft I believe the proper salutation is Mr. Dumbass! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 5:10 PM To: Brent Dille Subject: RE: Release Language Draft I think that you forgot to attach the document, dumbass. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 2 of 2 From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 5:02 PM To: Grant Beck Subject: Release Language Draft Let me know what you think. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, October 30, 2009 8:17 AM To: Brent Dille Subject: RE: Release Language Draft Brent - The language in section 2 seems like it applies to an office lease and probably needs to be reworded. I think this is all in there but I just want to make sure that the insurance covers claims by others for loss in a fire, for any damage to the City sewer system due to lack of a PSV, and any requirement by Health that the Clty upgrade it's water system to serve the Smith house. I am working from home this morning, but will circulate the next draft to Shelly, Steph, and Tim from here. Thanks! Grant From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thu 10/29/2009 5:07 PM To: Grant Beck Subject: RE: Release Language Draft I believe the proper salutation is Mr. Dumbass! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 5:10 PM To: Brent Dille Subject: RE: Release Language Draft I think that you forgot to attach the document, dumbass. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 5:02 PM To: Grant Beck Subject: Release Language Draft Let me know what you think. Best regards, Brent Dille, Esq. 3/10/2010 Page 2 of 2 ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Thursday, October 29, 2009 5:58 PM To: Grant Beck Subject: RE: PW Follow-up Thank you for the update and for doing this. Keep it up and don't be detoured by Tim being quite. I will reinforce as well. sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Thursday, October 29, 2009 2:03 PM To: Shelly Badger Subject: PW Follow-up Shelly - After our pre-sub meetings on Wednesday afternoon, per your suggestion, I spoke with Tim about my concerns with Public Works support. I told him that one of the statements that Col. Smith had made Tuesday night about me 'changing' the concerns about occupancy of the house at Palisades West struck me as being somewhat understandable, since I didn't understand that the pressure requirements at the meter were a WAC and were very clear. Knowing this may have changed my recommendation on the final subdivision and certainly would have changed the documentation to Steve Chamberlain, Dan Lee, and the Smiths regarding the issues with occupancy of the house. I framed this as as an example of what CDD needs from Public Works during pre-submission and site plan reviews in order to avoid future issues, specific and defensible requirements that we can point to in order to avoid argument or debate (well minimize it, anyway, and prevail). Tim was oddly quiet all day yesterday and didn't react much during our conversation. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, October 29, 2009 5:07 PM To: Grant Beck Subject: RE: Release Language Draft Attachments: Release Language.doc I believe the proper salutation is Mr. Dumbass! From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Thursday, October 29, 2009 5:10 PM To: Brent Dille Subject: RE: Release Language Draft I think that you forgot to attach the document, dumbass Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 5:02 PM To: Grant Beck Subject: Release Language Draft Let me know what you think. Best regards, Brent Dille, Esq. ~~~1~~ ~A~~E~ ~EIL$~L~~~~E 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, October 29, 2009 5:02 PM To: Grant Beck Subject: Release Language Draft Let me know what you think. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 2:41 PM To: Tami Merriman Subject: FW: Palisades West Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago -and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. 3/10/2010 Page 2 of 2 Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 2:31 PM To: Stephanie Ray Subject: FW: Palisades West Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago -and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. 3/10/2010 Page 2 of 2 Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Ben Cushman [bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago -and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 3/10/2010 Page 2 of 2 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 2:02 PM To: Brent Dille Subject: RE: Palisades West You da man, man! Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns Best regards, Brent Dille, Esq. ~~~l~S ~{~A~(~l IDES ~E~~LSr//~~~~J}~~~~E\l ~~ JL ~~~ C~ UI~~~~~/LIy JL QUID 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 1:15 PM To: Tim Peterson; Brent Dille Subject: Draft Report -Palisades West Attachments: Staff Report to Council 1110.doc Tim and Brent - Attached is a draft staff report basically being a 'placeholder' for verbal updates to the Council on the 10th. If this looks ok, I plan on getting it to Shelly tomorrow, and then filling in the blanks with the lastest information we have as of Tuesday, when it goes to Janine for the Council packet. Please get me any edits by Friday noon. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 12:47 PM To: Ron Harding; Tim Peterson Subject: FW: Palisades Just FYI... after the meeting last night, I wanted to make darn sure they knew we are waiting for a proposal from them. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Thursday, October 29, 2009 12:36 PM To: 'Brent Dille' Subject: Palisades Brent - Would you mind shooting an email to Cushman letting him know that Timis still waiting for a proposal from his engineer on the storage tank in order to get a meeting set up with his engineer, Parametrix, Tim, and Health? We need a conceptual plan in order to have a productive first meeting. We should have something by early tomorrow in order to set up a meeting next week before the Council meeting on the 10th. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 12:36 PM To: Brent Dille Subject: Palisades Brent - Would you mind shooting an email to Cushman letting him know that Timis still waiting for a proposal from his engineer on the storage tank in order to get a meeting set up with his engineer, Parametrix, Tim, and Health? We need a conceptual plan in order to have a productive first meeting. We should have something by early tomorrow in order to set up a meeting next week before the Council meeting on the 10th. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Thursday, October 29, 2009 9:05 AM To: david.cannon@homestreet.com Cc: Richard J. Day Subject: Amended Notice of Trustee's Sale Attachments: KL Gates Notice of Trustee Sale 101009.pdf The Notice of Trustee's sale for Palisades West is attached per your request. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, October 28, 2009 11:29 AM To: Ben Cushman Cc: Ron Harding; Ron Harding; Shelly Badger; Grant Beck Subject: Palisades West Ben, I anticipate having a draft release and indemnification and hold harmless for you and your client's review by end of the day on Friday 10/30. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Richard J. Day [rjdassoc@centurytel.net] Sent: Monday, October 26, 2009 3:57 PM To: Grant Beck Subject: RE: Palisades West Grant Thanks. Dick Day rjd & Associates cell 253-279-4905 ridassoc~a centurytel.net From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, October 26, 2009 3:50 PM To: Richard J. Day Subject: Palisades West The staff reports are attached. I haven't sent copies of all the attachments due to size limitations, but can work something out if you need them. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Monday, October 26, 2009 3:50 PM To: Richard J. Day Subject: Palisades West Attachments: Staff Report to Council 1027.pdf; Staff report to Council.pdf The staff reports are attached. I haven't sent copies of all the attachments due to size limitations, but can work something out if you need them. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Mah, Norm [nmah@komotv.com] Sent: Friday, October 23, 2009 10:02 AM To: Grant Beck Subject: RE: Palisades West Background material Thanks again Grant, At this point I think we may likely pass on this, but it's still under editorial review. Norm Norm Mah KOMO TV News zo6-4o4-4145 nmah@komotv.com From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 23, 2009 9:41 AM To: Mah, Norm Subject: RE: Palisades West Background material Norm - If you do pursue a story, I checked in with the Mayor and he would be the primary point of contact for any interview. If you just need additional background though, please don't hesitate to give me a call at 458-8408. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Mah, Norm [mailto:nmah@komotv.com] Sent: Friday, October 23, 2009 9:32 AM To: Grant Beck Subject: RE: Palisades West Background material Hello Mr. Beck, Thank you for your quick response and time. We will review the staff reports attached and determine whether we will pursue this as a potential story. Regards, Norm Norm Mah 3/10/2010 Page 2 of 2 KOMO TV News zo6-4o4-4145 nmah@komotv.com From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 23, 2009 9:29 AM To: Mah, Norm Subject: FW: Palisades West Background material This didn't to through with all the attachments, so I'm just sending the staff reports at this point. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 23, 2009 9:23 AM To: 'nmah@komotv.com' Subject: Palisades West Background material Norm - Attached are the staff reports as well as all the materials presented to the City Council last week from both City staff and the Smiths. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, October 23, 2009 9:41 AM To: Mah, Norm Subject: RE: Palisades West Background material Norm - If you do pursue a story, I checked in with the Mayor and he would be the primary point of contact for any interview. If you just need additional background though, please don't hesitate to give me a call at 458-8408. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Mah, Norm [mailto:nmah@komotv.com] Sent: Friday, October 23, 2009 9:32 AM To: Grant Beck Subject: RE: Palisades West Background material Hello Mr. Beck, Thank you for your quick response and time. We will review the staff reports attached and determine whether we will pursue this as a potential story. Regards, Norm Norm Mah KOMO TV News zo6-4o4-4145 nmah@komotv.com From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 23, 2009 9:29 AM To: Mah, Norm Subject: FW: Palisades West Background material This didn't to through with all the attachments, so I'm just sending the staff reports at this point. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 2 of 2 From: Grant Beck Sent: Friday, October 23, 2009 9:23 AM To: 'nmah@komotv.com' Subject: Palisades West Background material Norm - Attached are the staff reports as well as all the materials presented to the City Council last week from both City staff and the Smiths. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Mah, Norm [nmah@komotv.com] Sent: Friday, October 23, 2009 9:32 AM To: Grant Beck Subject: RE: Palisades West Background material Hello Mr. Beck, Thank you for your quick response and time. We will review the staff reports attached and determine whether we will pursue this as a potential story. Regards, Norm Norm Mah KOMO TV News zo6-4o4-4145 nmah(a komotv.com From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Friday, October 23, 2009 9:29 AM To: Mah, Norm Subject: FW: Palisades West Background material This didn't to through with all the attachments, so I'm just sending the staff reports at this point. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 23, 2009 9:23 AM To: 'nmah@komotv.com' Subject: Palisades West Background material Norm - Attached are the staff reports as well as all the materials presented to the City Council last week from both City staff and the Smiths. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 23, 2009 9:29 AM To: nmah@komotv.com Subject: FW: Palisades West Background material Attachments: Staff report to Council.pdf; Staff Report to Council 1027.pdf This didn't to through with all the attachments, so I'm just sending the staff reports at this point. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 23, 2009 9:23 AM To: 'nmah@komotv.com' Subject: Palisades West Background material Norm - Attached are the staff reports as well as all the materials presented to the City Council last week from both City staff and the Smiths. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 23, 2009 9:23 AM To: nmah@komotv.com Subject: Palisades West Background material Attachments: Staff report to Council with attachments.pdf; Staff Report to Council 1027 with attachments.pdf Norm - Attached are the staff reports as well as all the materials presented to the City Council last week from both City staff and the Smiths. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 4:41 PM To: Tami Merriman Subject: FW: Smith Building Plans with Note Ugh. Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 4:23 PM To: Grant Beck Subject: FW: Smith Building Plans with Note From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 4:03 PM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - The relevant language of the tabling motion is: ""It is been moved and seconded to table this until the next regular Council meeting in two weeks, to allow the attorneys, the attorney for the applicant and the City Attorney, to get together and attempt to work out a waiver which will be satisfactory to all parties, and which would allow, at that time would allow the family to move into their home." It is my position that you and Mr. Beck are not complying with this motion, which was passed by the City Council. Rather, you are actively working at cross-purposes from it. That will be one of my primary points at the Council meeting unless the approach changes from obstruction to facilitation. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, 3/10/2010 Page 2 of 3 You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. ~~]El~~ ~A~~]E~ ]E]E~~~~'~]E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, 3/10/2010 Page 3 of 3 Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 3 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 4:39 PM To: Stephanie Ray Subject: FW: Smith Building Plans with Note FYI Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 4:23 PM To: Grant Beck Subject: FW: Smith Building Plans with Note From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 4:03 PM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - The relevant language of the tabling motion is: ""It is been moved and seconded to table this until the next regular Council meeting in two weeks, to allow the attorneys, the attorney for the applicant and the City Attorney, to get together and attempt to work out a waiver which will be satisfactory to all parties, and which would allow, at that time would allow the family to move into their home." It is my position that you and Mr. Beck are not complying with this motion, which was passed by the City Council. Rather, you are actively working at cross-purposes from it. That will be one of my primary points at the Council meeting unless the approach changes from obstruction to facilitation. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, 3/10/2010 Page 2 of 3 You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. ~~]El~~ ~A~~]E~ ]E]E~~~~'~]E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, 3/10/2010 Page 3 of 3 Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 4:38 PM To: Brent Dille Subject: Staff Report and attachments Attachments: Letter from Brent Dille 102109.pdf; Staff Report to Council 1027.pdf; Palisades.pdf Brent - Attached is the packet for next Tuesdays Council meeting. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 4:23 PM To: Grant Beck Subject: FW: Smith Building Plans with Note From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 4:03 PM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - The relevant language of the tabling motion is: ""It is been moved and seconded to table this until the next regular Council meeting in two weeks, to allow the attorneys, the attorney for the applicant and the City Attorney, to get together and attempt to work out a waiver which will be satisfactory to all parties, and which would allow, at that time would allow the family to move into their home." It is my position that you and Mr. Beck are not complying with this motion, which was passed by the City Council. Rather, you are actively working at cross-purposes from it. That will be one of my primary points at the Council meeting unless the approach changes from obstruction to facilitation. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. ~~]El~~ ~A~~]E~ ]E]E~~~~'~]E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 3/10/2010 Page 2 of 3 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, 3/10/2010 Page 3 of 3 reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Attachments: Letter from Brent Dille 102109.pdf; Staff Report to Council 1027.pdf; Palisades.pdf Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Date: Karen Bennett From: Tim Peterson Sent: Wednesday, October 21, 2009 11:50 AM To: Grant Beck Subject: Staff Report to Council 1027 (3) Page 1 of 4 Hi Grant, here is the staff report with my changes tracked. Please call me at (253) 306-2954 if you have any questions. Thanks! -Randy City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Grant Beck, Director of Community Development Tim Peterson, Public Works Director Date: October 21, 2009 (for October 27th City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation None. Information only from the October 12, 2009, Council meeting. Background LIABILITY ISSUES WITH NOT MEETING DEPARTMENT OF HEALTH REGULATIONS FOR THE OPERATION OF A GROUP A WATER SYSTEM. As noted during the public hearing on the subdivision alteration, the Smiths cannot waive any City liability for not meeting Department of Health regulations for water service. Section 246- 290-230 (5) WAC requires that: New public water systems or additions to existing systems shall be designed with the capacity to deliver the design PHD quantity of water at 30 psi (210 kPa) under PHD flow conditions measured at all existing and proposed service water meters or along property lines adjacent to mains if no meter exists, and under the condition where all equalizing storage has been depleted. 3/10/2010 Date: Page 2 of 4 The static pressure at Palisades West is 24 psi under normal conditions, not during Peak Hour Demand (PHD) and with the water tanks nearly full. The City can not waive this standard without being in jeopardy of an enforcement action by the Department of Health. As indicated at the hearing, Department of Health regulations do allow the use of booster pumps for individual services as an interim measure until system improvements are made to resolve pressure deficiencies. Individual booster pumps must be under the management and control of the purveyor, in this case the City of Yelm. Interim is not defined but is considered to be short term with plans for long term solutions to be in progress or planned within a reasonable time frame. It is not unreasonable to expect that the Department of Health would require the City at some point in the future to remedy the situation at City expense. Dan Lee, the developer's agent and contractor for the Smiths, indicated at the hearing that he had installed an individual booster pump inside the home. This pump was placed without a permit from the City of Yelm and does not meet the standards for an exception to pressure requirements noted above. In order for the individual booster pump to be allowed under Department of Health regulations, it would have to be: • Reviewed and approved by the City of Yelm and the Washington Department of Health. Located on the public side of the water meter in the public right-of-way. • Enclosed in a heated structure. • Be provided with auxiliary power in the form of a generator. • Dedicated to the City. Individual booster pumps were explored as an option by the City in December of 2008 and were determined to be unfeasible for these reasons and for the fact that an individual booster pump would not provide required fire flows. An individual booster pump would also not solve a potential water quality issue caused by back- siphonage. A single household would not use enough water to keep the water in the main serving Palisades West fresh which could result in unsatisfactory water quality for the home owner. This situation could also cause the City increased public works staff time and resources for the purpose of water testing and main flushing for one residential home. Additionally, during a fire flow or low pressure event in another area of the City, stagnant water in the main at Palisades would be drawn back down the hill into other portions of the distribution system, potentially causing a water quality issues and potentially a violation reportable to the Department of Health. The booster pump station that was originally identified through the development review process as necessary for the proposed development solves the above issues. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO FIRE FLOW. As noted during the public hearing, Dr. McClure's letter is based on incorrect assumptions regarding the situation in Yelm. Dr. McClure properly quotes the International Fire Code as adopted by the City of Yelm but makes the incorrect assumption that the Fire Chief of SE Thurston Fire/EMS is the `fire code 3/10/2010 Date: Page 3 of 4 official' for the City of Yelm and has the authority to determine compliance with codes or standards. In fact, the City of Yelm contracts with SE Thurston for fire protection services but does not utilize the fire district for fire plan review or fire code compliance reviews. Gary Carlson is the City's duly appointed Building Official and Fire Marshal and serves at the City's fire code official. Mr. Carlson has participated in every stage of the review of the Palisades West subdivision and the Smith building permit and has consistently maintained that fire flows as required by the International Fire Code must be maintained in the subdivision before occupancy of any habitable structure. Mr. Carlson reviewed the letter from SE Thurston Fire/EMS submitted by the developer's agent and building contractor and determined that the district did not conclude that required fire flows were met at the site but rather provided a tactical plan for fighting a fire without the required flows. This conclusion was confirmed by the Deputy Chief of SE Thurston at a meeting between the City, the District, and the Smith's. The Deputy Chief also noted at this meeting that allowing a development with inadequate fire flow could impact the fire insurance rating throughout the City, increasing fire insurance premiums for other City residents. The static pressure in the hydrant in Palisades West subdivision is less than the required residual pressure during fire events. At 20 psi residual pressures, as required by fire codes, the hydrant provides just over half the required fire flow. The hydrant in question flows 578 gpm and the required flow is 1,000 gpm for 60 minutes without sprinklers, per Appendix A of the International Fire Code. The Yelm Development Guidelines at Section 6.030 require hydrants to provide fire flows per the IFC except that under no conditions shall a hydrant flow less than 750 gpm at 20 psi residential pressure. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO SEWER SYSTEM PRESSURE SUSTAINING VALVE. Dr. McClure assumes that the Yelm sewer system is a traditional gravity system rather than a pressurized Septic Tank Effluent Pumping (STEP) system and apparently did no independent research relating to the current pressures found within the existing sewer collection system.$r- Parametrix has been involved in the planning, engineering, and operation of the Yelm Septic STEP} sewer system since its initial conception. . The Yelm STEP system is designed to maintain a minimum pressure throughout the collection system. This design is intended primarily to maintain single- phase flow in the system, reducing the introduction of air to the system and thus improving system efficiency and reducing odors. The existing STEP collection is generally very flat allowing pressure to be maintained throughout the system using a single control point located at the wastewater treatment plant. The homes in the Palisades West development are located approximately 60 feet above the average elevation of the collection system, rendering the control point at the treatment plant ineffective in maintaining system pressure in the Palisades West system. The pressure sustaining valve was recommended by Parametrix to maintain pressure in the higher area of the collection system for the Palisades West subdivision to maintain existing pressure conditions in the system and prevent inefficient system operation 3/10/2010 Date: Page 4 of 4 and odor issues in the subdivision. CITY LIABILITY FOR NOT ISSUING OCCUPANCY AFTER BUILDING PERMIT WAS ISSUED. Brent Dille, the City Attorney, has reviewed the City's potential liability for not allowing occupancy of the home despite the issuance of a building permit that was not for a model home. Mr. Dille's response is in the form of a memo attached to this report. Mr. Dille has also been in contact with the Association of Washington Cities, Yelm's insurance provider. It should also be noted that the approved building plans, attached to the building permit issued for the construction of the home and an official part of the permit, included a copy of the final subdivision condition relating to the booster pump station with a note which reads "No certificate of occupancy will be Issue until Booster Pump is provided." Whether Dan Lee, the developer's agent and Smith's contractor, informed his clients of this condition is unknown, but the City did provide notice that the condition applied. Finally, even if the City waived the requirement for a booster pump station by issuing a building permit to here should have been no expectation that occupancy of any structure would be granted until the sewer pressure sustaining valve was in place, as this note was also on the final subdivision. Current Situation As noted in the staff report dated October 1, 2009, the policy issue before the City Council is whether to waive a clear requirement of the International Fire Code and Department of Health Regulations and knowingly allow occupancy of a dwelling unit in which these requirement for fire flow and residential pressures cannot be met. 3/10/2010 Page 1 of 1 Karen Bennett From: Tim Peterson Sent: Wednesday, October 21, 2009 11:40 AM To: Grant Beck Subject: RE: 2nd Draft of Staff Report From: Grant Beck Sent: Tuesday, October 20, 2009 9:57 AM To: Stephanie Ray; Tim Peterson; Kevin Ray; bdille@owensdavies.com Subject: 2nd Draft of Staff Report I've attached a second draft of the staff report as updated after our telephone conference yesterday for your review and comment. Tim, as soon as you get the report from Parametrix in the morning, can you bring it down and go over it with me to pull out any appropriate conclucsions? I will also scan it and send it to Brent. Thanks Grant 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 10:56 AM To: Brent Dille Subject: RE: Smith Building Plans with Note Attachments: Andrew Smith Records Request 062909.pdf Brent - Just FYI, the Smiths earlier this year requested a copy of the entire building permit file, which was provided to them around June 29, 2009. The responsive documents they were given included the plan set with the note (see attached), so they had it before they submitted their subdivision alteration request. Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. ~~]El~~ ~A~~]E~ ]E]E~~~~'~]E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to 3/10/2010 Page 2 of 2 the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:43 AM To: Ben Cushman Cc: Grant Beck Subject: FW: Smith Building Plans with Note Ben, You will find it is on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Best regards, Brent Dille, Esq. ~~]El~~ ~A~~]E~ ]E]E~~~~'~]E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] 3/10/2010 Page 2 of 2 Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 10:46 AM To: Brent Dille Subject: RE: Smith Building Plans with Note It's on the approved plan set, which is a part of the permit. A copy of the approved plans (including the note) are provided to the contractor at the time of permit issuance. His is stamped "Job Copy". Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:25 AM To: Grant Beck Subject: FW: Smith Building Plans with Note Comments? From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, 3/10/2010 Page 2 of 2 Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:25 AM To: Grant Beck Subject: FW: Smith Building Plans with Note Comments? From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 10:24 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smith Building Plans with Note Brent - You mean the undated, handwritten language that does not appear on our version? When was that added? How it is enforceable when such language does not appear on the building permit itself? Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:21 AM To: Ben Cushman Subject: Smith Building Plans with Note Ben, Attached please find the building plans for the Smith house with the notation that no COA would be issued until the booster pump was installed. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 10:13 AM To: Brent Dille Subject: Building Plans with Note Attachments: Palisades.pdf Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 3 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 10:01 AM To: Grant Beck Subject: FW: Smiths What do you make of this? From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 9:39 AM To: Brent Dille Subject: RE: Smiths There was a tabling resolution at the conclusion of the hearing. It contained specific language instructing you to meet with me to work out terms in which my clients could occupy their house. I don't mean the "draft minutes" - I mean the specific language of the resolution tabling this hearing until next session. That language was specifically discussed and approved by the Council. The City admits that the pump station is a condition on issuance of a building permit, not a condition for issuance of a certificate of occupancy. Despite the lack of a pump station, the building permit was issued. The City now contends that was a mistake and seeks to withhold the certificate of occupancy as a result. That is, the building permit was issued wrongfully; as a result, my clients cannot get a certificate of occupancy, causing them to suffer crippling financial harm. Ben From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 9:35 AM To: Ben Cushman Subject: RE: Smiths Ben, I have never heard testimony nor seen correspondence wherein the city admits that the permit was wrongfully issued. I did listen to and watch the video and I did not hear what you thought you heard. By "tabling order" do you mean the draft minutes? My letter will be forthcoming. Brent From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 9:26 AM To: Brent Dille Cc: Doreen Milward Subject: RE: Smiths Brent - 3/10/2010 Page 2 of 3 The City has acknowledged that the building permit was issued wrongfully. The City's refusal to allow occupancy is based on that. Cities are liable for wrongfully issued building permits. I don't see where this cause of action slips. However, the City Council instructed us to meet and discuss terms on which occupancy would be granted. You appear to be refusing to meet with me and disregarding the City Council's instruction to facilitate this occupancy. Did you look at the language of the tabling order as I asked? Ben From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, October 21, 2009 9:17 AM To: Ben Cushman Subject: RE: Smiths Ben, I am preparing my report to the city. Unfortunately I cannot see where liability exists. I'll provide you in a separate letter my reasoning. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. From: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Wednesday, October 21, 2009 9:09 AM To: Brent Dille Cc: Doreen Milward Subject: Smiths 3/10/2010 Page 3 of 3 Brent - We need to get on this ASAP. The Smith's rental house has sold, and they will be out on the street and still paying a mortgage if the City does not step up. In such case, we will have no option but to sue the city for damages caused by wrongful issuance of a building permit. There are options to avoid this catastrophe. We need to expore those options and choose one. Ben Cushman 3/10/2010