Commissioners:

Request for Opportunity to Respond to New Evidence Submitted

New evidence was submitted after the deadline for written testimony, April 17.  CFF respectfully request the record be re-opened and we be given opportunity to respond to this new evidence, pursuant to the provisions of Oregon Revised Statute 197.763, a copy of which is attached.   That statute provides, 

 “When a local governing body, planning commission, hearings body or hearings officer reopens a record to admit new evidence, arguments or testimony, any person may raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue.”

The staff report, submitted as a “Discussion Item” (dated May 13, 2003) which was originally presented to the Planning Commission in draft form, was revised after the April 17 deadline for new evidence had
passed.  Some of the other new evidence which was submitted after the April 17 deadline for new evidence had passed includes:

Urban Growth Boundary Study and Report, 5/13/03
April 28, 2003 letter from Greene, Meyer & McElroy
May 13, 2003 UGB Study and Report
Amendments to the Transportation System Plan
New maps (14-2 & 3 plus three unidentified maps)
Existing Distribution System Analysis map
Florence Wastewater Collection System map
Ocean Dunes Golf Course Aerial Map
Unidentified “Map O”

CFF does not object to the inclusion of this new evidence, so long as we have opportunity to review and raise new issues which relate to the new evidence as provided by state statute.  The Statutes clearly recognize the possibility that new evidence may become available after the period for comment has closed.  The statutes also recognize that the public should be given adequate opportunity to respond to that new evidence.

Pursuant to ORS 197.763, we are requesting the hearing be continued for at least seven (7) days in order to allow CFF and other members of the public to review and respond to the new evidence which has been submitted.

Thank you,

Zane Ziemer, President
Citizens For Florence