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a <br />1. The Board wanted to review the court case, cited by the Attorney's office, that was the <br />basis for suggestion the amendment in the first place. <br />Staff Note -Please refer to Attachment Three (3) for this information <br />2. The Board wanted more time to review the possible ramifications of the proposed <br />amendment on limiting the amount of public comment that occurs on County projects <br />using Large Ground Absorption Systems. <br />Upon receipt of the requested information, the Planning Board determined that the amendment <br />was necessary to address identified legal issues associated with the County issuing itself a <br />SUP, specifically: <br />1. Recent court cases have questioned the legal ability of a governing body to issue itself a <br />SUP as there is a concern over the ability of the members to make an unbiased decision <br />on the evidence presented at the quasi judicial hearing, <br />2. The two (2) boards that are responsible for reviewing and approving SUP projects are <br />open to criticism on their ability to conduct a fair hearing and render an impartial decision <br />due to the County, or a County department, being the applicant, <br />PLANNING BOARD .RECOMMENDATION: The Planning Board voted unanimously at its <br />September 3, 2008 meeting to recommend approval of the proposed amendment. <br />In addition, the Planning Board requested a comprehensive set of rules and procedures be <br />established for County projects using Large Ground Absorption Systems (see Minutes in <br />Attachment 6). <br />FINANCIAL IMPACT: The Ordinance amendment has been reviewed by various County <br />departments who have determined its approval will not create the need for additional funding. <br />RECOMMENDATION(S): The Administration recommends the Board: <br />1. Receive the Planning Board recommendation, <br />2. Close the Public Hearing, and <br />3. Take action to approve the amendment. <br />4. Direct the Planning Board to add to its work plan for the coming year (to be reviewed by <br />the BOCC) the aforementioned development of a comprehensive set of rules and <br />procedures for County projects using Large Ground Absorption Systems. <br />