BOC LU-24-027 Reconsideration Public Hearing 1

This public hearing was conducted as part of a reconsideration process after the Board of Commissioners' original approval of Valley's application for a conditional use permit to expand Coffin Butte landfill was appealed to LUBA (case 2025-082). On December 16, 2025, the board voted 3-0 to withdraw their decision for reconsideration. The commissioners disclosed ex parte communications they had received since the last hearing, including approximately 24 emails about landfill-related odors from a weather event starting January 13th, complaints about DEQ's reporting system failures, and various public contacts encouraging them to vote certain ways. A member of the public attempted to question Commissioner Malone about his role on a legislative task force, but was ruled out of order by legal counsel. Planning staff presented a timeline for the reconsideration process, explaining that LUBA rules require a decision within 90 days of the withdrawal notice. Staff recommended reopening the record specifically to admit a DEQ letter that was received after the original record closed, as it may relate to applicable criteria. The board voted to reopen the record for this limited purpose, establishing a structured timeline: seven days for evidence and argument submission (until January 27th), seven additional days for responsive evidence only (until February 3rd), and seven final days for the applicant's closing argument (until February 10th). The hearing was continued to March 3rd, 2026 for deliberations, with Commissioner Shepard expressing concern about meeting LUBA's 90-day deadline and proposing an earlier meeting date.