2007-1263-Minutes for Meeting November 03,1997 Recorded 6/22/2007COUNTY OFFICIAL
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COMMISSIONERS' JOURNAL
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2007-1263
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EXCERPT FROM MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
November 3, 1997
Chair Nancy Pope Schlangen called the work session to order at
10:02 a.m. County Commissioners present were Nancy Pope Schlangen,
Robert L. Nipper, and Linda Swearingen. Also in attendance were
Tom Blust, Road Department Director; George Goshert, Bend Library
Project Manager; Patti Mecca, Property Management; and Bruce White,
Assistant County Counsel.
1. DISCUSSION OF SIGNATURE OF FINDINGS & DECISION ON SITE PLAN
FOR THE LDS CHURCH
Before the Board was discussion of signature of the Findings
and Decision on the site plan for the Church of the Latter Day
Saints.
Bruce White stated the attorney had been asked to prepare the
findings and a draft was submitted about a week and a half
ago.
Bruce White stated the draft was on his desk and there would
be a final copy available for the Commissioner's signature on
Wednesday.
Bruce White felt there were a lot of procedural issues that
needed to be dealt with and much of the Findings concern those
issues.
Dan Van Vactor stated the first time he became aware of the
findings was this morning when he saw it on the agenda. He
reported that Damian Syrnyk was kind enough to FAX him a copy
of it at his request. Dan requested the Board not to sign the
Findings and Decision on Wednesday. He felt there was a
strong probability that this could be settled without an
appeal based on what these findings are.
Commissioner Nipper asked why the Board shouldn't sign it on
Wednesday then, if there wasn't going to be an appeal. Dan
Van Vactor stated if there was an opportunity, but he didn't
think there was enough time for Sharon Smith, Bruce White and
himself to get together. He felt that since this was heard in
July, he didn't see where a week would make a difference. He
stated that on behalf of the Southeast Neighbors, there was a
method by which their objections could be solved in relations
to the findings as they were written without too much
difficulty.
MINUTES 1 NOVEMBER 3, 1997
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Commissioner felt the Board was right where they needed to be
on this. He didn't feel there was any more adjusting that
needed to be done.
Bruce White questioned if there was a settlement in that could
have been reached, why hadn't it been discussed within the
last two months. Bruce stated that findings were not
negotiated. The Board makes findings and they do consult,
when the attorney was asked to do the findings, with the
attorneys who do the findings. He stated ultimately it was
the Board who decides what should be included in them. He
stated the opponents have no say in what the findings include.
Commissioner Nipper stated he was prepared to sign this
document on Wednesday.
Commissioner Schlangen stated she was going to review her file
to make sure the findings reflect what the Board's decision
was on this issue.
Dan Van Vactor felt the most important issue was the applicant
had agreed on several occasions that no expansion was
authorized without additional land use approval. Dan Van
Vactor felt it should be defined as to what the land use
approval was.
Commissioner Nipper reiterated the findings say that on any
action they take, they will have to secure new permitting, new
site plan review, and all that goes along with it.
Dan Van Vactor stated that as long as it means that it takes
a new conditional use permit for expansion and that the Board
could give him that direction and make that part of the
findings, then he was happy.
Commissioner Swearingen felt that if they wanted an expansion,
and not a modification, they have to go through the process
again.
Bruce White stated that if it was not clear enough in the
findings, they could make it clear.
Commissioner Swearingen felt that if we could get by without
an appeal, what would be wrong with waiting one more week.
She felt that if Dan Van Vactor could keep it off the Board's
table in the future and out of the Land Use Board of Appeal,
then one week was find with her.
Commissioner Nipper felt the findings were pretty clear to
him.
MINUTES 2 NOVEMBER 3, 1997
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DATED this 3rd day of November, 1997, by the Deschutes County
Board of CommissionPrs_
ATTEST:
Recording Secret ry
MINUTES 3 NOVEMBER 3, 1997