BOC 1/06 Meeting Clip regarding LU-24-027 LUBA recall process
A work session postponed the Coffin Butte Landfill conditional use permit reconsideration hearing from January 6th to January 20th to allow proper notification to about 1,000 interested parties. The board discussed the process for conducting the reconsideration hearing within the required 90-day timeline that started December 16th.
Summary
The Board of Commissioners held a work session to discuss the postponement and process for reconsidering the Coffin Butte Landfill expansion permit (LU-24-027). Planning Director Patra Schultz announced that the public hearing was postponed from January 6th to January 20th to ensure proper notification of approximately 1,000 interested parties who had signed up for notifications. The postponement was necessary to comply with notification requirements that weren't initially considered when the motion was made on December 16th.
The board engaged in detailed discussion about the structure of the January 20th public hearing, clarifying that it would serve to open the public record and allow the board to receive additional testimony and evidence. Staff will present information in a packet published January 13th about items that came to light after the original record was closed. On January 20th, the board will determine how to receive public input, including whether to accept verbal or only written testimony and how long to keep the record open.
County counsel confirmed they are working with outside legal counsel to develop the proper process within the 90-day reconsideration timeline that began December 16th and must be completed by mid-March. The public testimony will likely focus on new information that emerged after the original record was closed, following the same procedural requirements as the initial land use process, including time for applicant rebuttal before the record closes and a final decision is made.
About this episode
LU-24-027 is the land use case identifier for the Republic Services Conditional Use Permit Application regarding Coffin Butte Landfill expansion.
Key Insights
- Commissioner admits they didn't know about the notification requirement when making the December 16th motion, acknowledging it makes sense to notify everyone despite the delay
- Outside legal counsel is determining how to structure the open record period and timelines within the limited 90-day reconsideration period
- The 90-day reconsideration timeline started on December 16th when notice was transmitted to LUBA and must be completed by mid-March
- County counsel indicates that outside counsel is leaning toward limiting public testimony to new information that emerged after the original record was closed
- Staff acknowledges the procedural peculiarity that they're opening a public hearing without initially having something specific for the public to comment on
Topics
Transcript
[0:01] Now we're back on track. Item number six, works work session. Um discussion of reconsideration of the board of commissioners decision regarding LU24-027 application for a conditional use permit for the expansion of coffin but landfill. And I think Patra Schultz is um going to present Morning. [0:34] Can you hear me? >> Maybe maybe move the microphone a little closer. >> Thank you. A little different setup today. I just have a brief statement on this item. Again, Patra Sheets, uh, planning director. Um on the January 6 board of commissioners meeting agenda and the agenda packet originally included a public hearing to reconsider LU 2427 uh the application for the conditional use permit. Um, this item has…
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