From: Rozzell, Matthew
Sent: Thu Apr 30 15:37:51 2020
To: Alice Cannon; Fire Dist Molalla Mike Penunuri
Cc: CCOM - Vince Stafford; Spencer Parsons; Gerald Fisher; Kristen Ketchel-Bain; Dan Huff
Subject: RE: Stafford Dev. Co / Bear Creek Update
Importance: Normal
Hi Alice,
Mr. Stamp is correct, only the Building Official has the authority to administer the code and issue C of O’s. I still believe we do have the authority to withhold a C of O per Section R110 of the ORSC if other ordinances of the municipality have not been met. I sent this to our legal counsel to his opinion. I will let you know as soon as I hear back.
Thanks,
-Matt
From: Alice Cannon [mailto:acannon@cityofmolalla.com]
Sent: Thursday, April 30, 2020 2:28 PM
To: Fire Dist Molalla Mike Penunuri <penunuri@molallafire.org>
Cc: CCOM - Vince Stafford <vstafford@molallafire.org>; Spencer Parsons <spencer@gov-law.com>; Rozzell, Matthew <MRozzell@clackamas.us>; Gerald Fisher <gfisher@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Stafford Dev. Co / Bear Creek Update
Warning: External email. Be cautious opening attachments and links.
Hi Mike P. and Matt Rozzell:
I have updated the links below. In my original email from yesterday, I attached the wrong document in the second link. That is corrected below. Sorry for the confusion.
________________________________________
Good afternoon Matt and Mike,
We have received two letters from Stafford Land Company attorneys. The first attachment is a letter from Stafford’s in-house attorney Bryan Cavaness.
The second attachment is a letter from Stafford’s contract attorney Andrew Stamp:
PLEASE LET ME KNOW IF YOU ARE HAVING DIFFICULTY OPENING THESE LINKS.
Please also let me know if you have questions or comments about these issues. In the second letter, Mr. Stamp questions our legal authority to withhold the COs. Molalla City Attorney Spencer Parsons will be completing a legal analysis of both documents. I plan to complete an exhaustive fact-checking exercise on Mr. Cavaness’s letter. So far, I’m finding quite a few inconsistencies with our records. MIKE: Since you worked on this project, I’m definitely interested in your perspective. MATT: Do you have any comments to offer about Mr. Stamp’s perspective that we lack legal authority to withhold COs.
I look forward to hearing from both of you. Please hit “reply all” when you respond so that we can keep all communication protected with “attorney-client privilege.”
Alice
PLEASE LET ME KNOW IF YOU ARE HAVING DIFFICULTY OPENING THESE LINKS.
Please also let me know if you have questions or comments about these issues. In the second letter, Mr. Stamp questions our legal authority to withhold the COs. Molalla City Attorney Spencer Parsons will be completing a legal analysis of both documents. I plan to complete an exhaustive fact-checking exercise on Mr. Cavaness’s letter. So far, I’m finding quite a few inconsistencies with our records. MIKE: Since you worked on this project, I’m definitely interested in your perspective. MATT: Do you have any comments to offer about Mr. Stamp’s perspective that we lack legal authority to withhold COs.
I look forward to hearing from both of you. Please hit “reply all” when you respond so that we can keep all communication protected with “attorney-client privilege.”
Alice
From: Alice Cannon
Sent: Thursday, April 30, 2020 2:19 PM
To: 'Mike Penunuri' <penunuri@molallafire.org>
Cc: Vince Stafford <vstafford@molallafire.org>
Subject: RE: Stafford Dev. Co / Bear Creek Update
Do you have any time for a quick phone conversation today or tomorrow?
From: Mike Penunuri <penunuri@molallafire.org>
Sent: Thursday, April 30, 2020 2:18 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Vince Stafford <vstafford@molallafire.org>
Subject: RE: Stafford Dev. Co / Bear Creek Update
Alice, both links appear to be from the same letter. I think next week, you and I need to schedule some time to sit down and talk.
Mike
From: Alice Cannon <acannon@cityofmolalla.com>
Sent: Wednesday, April 29, 2020 4:22 PM
To: penunuri@molallafire.org; Matt Rozzell (mrozzell@clackamas.us) <mrozzell@clackamas.us>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>; Spencer Parsons <spencer@gov-law.com>
Subject: Stafford Dev. Co / Bear Creek Update
Good afternoon Matt and Mike,
We have received two letters from Stafford Land Company attorneys. The first attachment is a letter from Stafford’s in-house attorney Bryan Cavaness.
The second attachment is a letter from Stafford’s contract attorney Andrew Stamp:
PLEASE LET ME KNOW IF YOU ARE HAVING DIFFICULTY OPENING THESE LINKS.
Please also let me know if you have questions or comments about these issues. In the second letter, Mr. Stamp questions our legal authority to withhold the COs. Molalla City Attorney Spencer Parsons will be completing a legal analysis of both documents. I plan to complete an exhaustive fact-checking exercise on Mr. Cavaness’s letter. So far, I’m finding quite a few inconsistencies with our records. MIKE: Since you worked on this project, I’m definitely interested in your perspective. MATT: Do you have any comments to offer about Mr. Stamp’s perspective that we lack legal authority to withhold COs.
I look forward to hearing from both of you. Please hit “reply all” when you respond so that we can keep all communication protected with “attorney-client privilege.”
Alice
From: Spencer Parsons <spencer@gov-law.com>
Sent: Wednesday, April 29, 2020 3:46 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>
Subject: RE: Stafford Dev. Co / Bear Creek
That works for me Alice. I don’t have any objection to sharing the letters with Mike/Matt to see if they have any comments.
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
From: Alice Cannon [mailto:acannon@cityofmolalla.com]
Sent: Wednesday, April 29, 2020 1:53 PM
To: Spencer Parsons
Cc: Dan Huff; Gerald Fisher; Kristen Ketchel-Bain
Subject: RE: Stafford Dev. Co / Bear Creek
Importance: High
Hi Spender:
Thanks for forwarding this letter from Andrew Stamp. I would propose you and I divide the work associated with this case this way:
Does this work for you? From there, we can schedule a time to compare notes and discuss next steps with this case.
Do you think I should forward a copy of both letters to Mike Penunuri and Matt Rozzell? Let me know.
Alice
From: Spencer Parsons <spencer@gov-law.com>
Sent: Tuesday, April 28, 2020 3:46 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>
Subject: FW: Stafford Dev. Co / Bear Creek
FYI.
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
From: andrew@stamplaw.com [mailto:andrew@stamplaw.com]
Sent: Tuesday, April 28, 2020 2:28 PM
To: Spencer Parsons
Cc: 'Bryan Cavaness'; 'Gordon Root'
Subject: Stafford Dev. Co / Bear Creek
Please see attached.
Andrew H. Stamp
Andrew H. Stamp, P.C.
4248 Galewood Street
Lake Oswego, OR 97035
Voice 503.675.4318
Fax 503.675.4319
Confidentiality Notice: This email message is covered by the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact sender immediately at 503.675.4300, or by reply email, and destroy all copies of the original message.
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