HomeMy WebLinkAbout89_Atty Aramburu email 101525 at 4:18pm EXHIBIT # Sq
Carolyn Gallaway
From: Rick Aramburu <Rick@aramburulaw.com>
Sent: Wednesday, October 15, 2025 4:18 PM
To: Carolyn Gallaway; George Terry
Subject: Pleasant Harbor Preliminary Plat: File N. SUB2023-00025
Attachments: AGENDA 052725A.pdf; 052725M.pdf
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click
on links if you are not expecting them.
Dear Hearing Examiner McLean:
As you know,this office represents The Brinnon Group ("TBG"), a local community group interested in the Pleasant
Harbor MPR preliminary plat.
We submit these additional comments based on statements from Hearing Examiner McLean at the conclusions of
today's hearing. Based on the limited time available,we submit these additional comments via email.
1. As stated in our October 14, 2025 comment letter,the May 27, 2025"Values"statement from the
Commissioners creates clear conflict of interest and appearance of fairness issues for the Examiner. This
is a deliberate attempt to influence decision-making by the Hearing Examiner to approve the
project. Indeed,the Minutes of the Jefferson County Commissioners of May 27,2025 include under
"Executive Session" on page 2,the adoption of"a statement of values."The minutes further reflect the
"statement" be adopted: "and publicize this on our socials, and ask that staff send this once approved by
the County Commissioners and signed, directly to George Terry at the Department of Community
Development, who is one of the leads with the Stateman Group, so that we can get this information the
Stateman Group post haste, and to share it with the press." The minutes reflect that the "statement of
values"was discussed and considered in Executive Session. The agenda for the May 27,2025 meeting
(also attached) did not disclose consideration of the "statement of values." In addition,the minutes show
that the"Values" statement was intended to influence the actions and recommendations of staff by
sending it"directly"to George Terry at DSD.
2. Following the Brinnon Group's request to recuse him,the Examiner observed that this request might apply
to any Hearing Examiner assigned to the project. TBG believes that consideration is irrelevant to a decision
on recusal. The Commissioners have decided to adopt ordinances which remove plat-decision-making
from them to the Hearing Examiner. They should not be permitted to now issue what are essentially
directives to the Examiner on individual decisions. If the Commissioners want to go back to making plat
decisions themselves,they can rescind the authority for the Hearing Examiner in Chapter 2.30 of the
Jefferson County Code and its protections against improper influence by the Commissioners. TBG strongly
believes that the"Values"statement of May 27, 2025 was the result of private conversations between the
Applicant and the Commissioners. Its consideration during Executive Session "re potential litigation"
indicates there may have been threats of litigation against the County by the Applicant.
3. As noted in our letter at pages 13-15,the County is processing a building permit for one of the lots
proposed in the Pleasant Harbor preliminary plat. This is for a 41,000 square foot building which does not
have a defined use. Construction of a building on a lot in a preliminary plat, prior to final plat approval, is
not allowed.The Staff Report at page 17 says: "A preliminary plat does not authorize any development as
defined in lCC 18.10.040 and is therefore not a development permit or application."This building is
included in the same "Values"statement discussed above at page 3. The inclusion of a reference to this
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large building in the "Values"statement by the Commissioners confirms the Commissioners'insistence
that processing of the building permit application is proper.This was again discussed during Executive
Session. Again,this is an inappropriate influence on both the preliminary plat and building permit decision
making.
4. The Commissioners' "Values"state of May 27,2025, and submissions at the plat hearing today,
emphasize that"Jefferson County values economic development, and this proposed resort definitely
qualifies as economic development," however,there is no authority cited that economic development is a
criteria for a preliminary plat.
Thank you for your consideration of these additional comments.
Rick Aramburu
Law Offices of J. Richard Aramburu
705 2nd Ave#1300
Seattle,Washington 98104
Telephone: (206) 625-9515
Email: rick@aramburu-eustis.com
This email may be protected by the Attorney-Client Privilege; if received in error, please discard and
notify this office.Thank you.
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AGENDA
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°Y Jefferson County Board of Commissioners
Regular Meeting — Tuesday, May 27, 2025 at 9:00 a.m.
This is a Hybrid meeting: Virtual and In-Person Attendance at
Jefferson County Courthouse—Commissioners' Chambers
1820 Jefferson Street, Port Townsend, WA
Heather Dudley-Nollette, District 1 I Heidi Eisenhour, District 2—Chair I Greg Brotherton,District 3
To view Agenda items,meeting materials and comments received,click here:www.co.jefferson.wa.us —Services
—Laserfiche Web Portal(usemame and password is:public)—Board of Commissioners—BOCC Agenda Packets
—2025 Weekly Agenda Items—Month of the meeting—Day of the meeting
You can join this meeting by using the following methods:
• Zoom Meeting: https://zoom.us/j/93777841705
This option will allow you to join the meeting live.You will need to enter an email address. If you wish to
provide public comment,click on the hand icon at the bottom of the screen to"raise your hand."
Participation will be up to the Chair and Clerk
• Audio-only: Dial: 1-253-215-8782 and use Webinar ID: 937-7784-1705#
This option will allow you to listen to the meeting live.If you wish to provide public comment, press*9
to"raise your hand."Participation will be up to the Chair and Clerk
Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384.
If you need special accommodations,please contact our office 24 hours in advance.
• In-person:You are welcome to join this meeting in-person.
In the event of technical difficulties,at least one of the methods above will be accessible to the public. Please try
all methods first before calling 360-385-9100 to report any issues.
Individuals may provide Public Comment using the following methods:
• Video: Refer to meeting instructions above
• Audio-only: Refer to meeting instructions above
• Email: You may submit comments/correspondence to us at:jeffbocc(a),co.jefferson.wa.us up through
11:59 p.m.the day before the meeting.
Public Comment Periods are dedicated to listening to the public. Each person may address the Board one time
during these periods.To ensure equal opportunity for the public to comment,all comments shall be limited to 2 or
3 minutes per person,depending on the volume of public in attendance. Some Agenda items may have additional
Public Comment Periods—these comment periods are for listening to comments specific to that Agenda item.The
Chair may add additional Public Comment Periods throughout the meeting.
9:00 a.m. CALL TO ORDER
9:01 a.m. PUBLIC COMMENT PERIOD—ALL TOPICS
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Agenda: May 27, 2025
No set time APPROVAL AND ADOPTION OF THE CONSENT AGENDA:
(Items listed below have been distributed to the Commissioners in advance for study and will be enacted by one motion. If
separate discussion is desired on an item,that item may be removed from the Consent Agenda and placed on the Regular
Agenda,at the request of any of the Commissioners).
1. APPROVAL of MOTION re: Motion granting authority to the Central Services Director to
move forward with the procurement of necessary licenses for the Munis/EPL system and to
committing to approving an upcoming appropriation request funding this initiative
2. APPROVAL of HEARING NOTICE re: 2025-2 Budget Appropriations for various County
departments, Hearing to be held on June 9,2025 at 10:30 a.m. in the Commissioners' Chambers,
1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID)
3. AGREEMENT re: Employment Agreement for Jefferson County Administrator;Josh Peters
4. AGREEMENT,Amendment No. 1 re: SR 19/Rhody Drive Ped-Bike improvements—North
Segment Project No. 1802076, WSDOT Project No. TAP-0019(007); Additional amount of
$5,000 for a total of$466,135; Public Works; Washington State Department of Transportation
(DOT)
5. AGREEMENT,Change Order No. 8 re: Phase 2—Water Reclamation Plant for the Port
Hadlock UGA, Project No. 405-2114-0, Commerce Project No. 22-96515-026; Additional
amount of$27,465.54 for a total of$10,504,476.56; Public Works; Interwest Construction
6. ADVISORY BOARD REAPPOINTMENT re: Board of Health; Community Stakeholder:
Amanda Grace
7. ADVISORY BOARD RESIGNATION re: Intellectual and Developmental Disabilities
Advisory Board(IDDAB); Kim Rafferty
8. APPROVAL OF MINUTES: Regular Meeting Minutes of May 19,2025
9. APPROVAL OF DISTRICT COURT JURY FEES: Dated May 15,2025 and totaling
$1,243.10
10. APPROVAL OF PAYROLL WARRANTS: Dated May 5, 2025 and totaling$184,304.83, and
May 20,2025 and totaling$97,779.62
11. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 19,2025 and totaling
$407,663.87
REGULAR AGENDA:
9:30 to 10:00 a.m. EXECUTIVE SESSION with the County Administrator,Chief Civil Deputy
Prosecuting Attorney(DPA), Civil DPA,Department of Community
Development Director re: Potential Litigation; Exemption as Outlined in the Open
Public Meetings Act, RCW 42.30.110(1)(i)
DISCUSSION,POTENTIAL ACTION with PUBLIC COMMENT re:
TOPIC OF THE EXECUTIVE SESSION
No set time COMMISSIONERS BRIEFING SESSION
No set time RECESS
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Agenda: May 27, 2025
12:00 p.m. COORDINATION MEETING with Jefferson County Elected Officials and
Department Directors
• Roundtable discussion
1:30 p.m. AFTERNOON SESSION
3:00 p.m. DISCUSSION and POTENTIAL ACTION re: Emergency Shelter
Management
Greg Brotherton, Commissioner Dist.No. 3
Judy Shepherd, Finance Manager
No set time ADDITIONAL DISCUSSION ITEMS
No set time ADJOURNMENT(Adjourn by 4:30 p.m.)
COMMISSIONERS MEETING SCHEDULE
The Week of May 27,2025
A snapshot of the meetings the Commissioners will be attending this week are notated below. If you
would like to get more information on these meetings,please contact the Commissioners' Office at
360-385-9100 or send us an email at:jeffboccna,co jefferson.wa.us
Monday, May 26,2025
HOLIDAY
Tuesday, May 27,2025
9:00 a.m. BOCC Meeting—Board
12:00 p.m. Electeds and Directors Coordination Meeting—Board
1:00 p.m. Jefferson County Forestry Monthly Meeting—Heidi
2:45 p.m. Intellectual and Developmental Disabilities Advisory Board Meeting-Heather
Wednesday, May 28, 2025
9:00 a.m. G2G Meeting-Greg
10:00 a.m. Olympic Area Agency on Aging Field Office Tour and Council of Governments(COG)
Orientation—Heather
12:00 p.m. Skokomish Tribal Council Meeting-Greg
12:30 p.m. Housing Task Force Meeting#2 of 7-Heather
1:00 p.m. Aquatic Center Workstream-Heidi
2:30 p.m. Housing Fund Board—Greg/Heather
Thursday,May 29, 2025
9:00 a.m. Strait Ecosystem Recovery Network—Heidi
9:00 a.m. JeffCom Administrative Board Meeting-Greg
Friday,May 30, 2025
7:30 a.m. Meeting with Solid Waste Crew and Tour of Transfer Station-Heather
12:30 p.m. KPTZ—Heidi
1:00 p.m. Jefferson County Implementation Planning Project Team Meeting-Heidi
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Commissioners Meeting Minutes of May 27,2025
DISCUSSION re: Emergency Shelter Management: Commissioner Brotherton
provided a brief overview of the Emergency Shelter issue,and Finance Manager Judy Shepherd
provided a presentation. The discussion focused on the ongoing and future funding needs for emergency
shelter services in Jefferson County,particularly the Jefferson County Emergency Shelter located at the
American Legion, with current costs exceeding available housing funds. The Board received emergency
requests from OlyCAP, Dove House and Bayside. If the emergency shelter closes on June 30, 2025,
over 30 guests would be displaced,and while alternatives like tiny shelters are proposed,they only
partially address the need, and longer-term solutions remain uncertain due to funding gaps and project
delays.
The shelter currently averages 34 people per night,though over a 90-day period, they've served around
60 unique individuals, highlighting a fluctuating but consistent demand. The demographic has
significantly changed from decades ago,with more seniors and individuals experiencing mental health
challenges, prompting concern over the inadequacy of tiny house options and underscoring the need for
congregate housing. Amid funding cuts and rising operational costs,community leaders stress the
societal and financial necessity of maintaining shelters,despite the lack of a federal mandate, as failing
to do so will shift greater burdens onto public services and infrastructure.
While many individuals were able to provide comments during the discussion, Chair Eisenhour opened
the floor to allow additional comments from the public, and two comments were received.
The Commissioners discussed funding strategies, including reallocating general funds,and pursuing
grant opportunities. After discussion,Commissioner Brotherton moved to approve an emergency
warrant for OlyCAP's request for$23,500 to initiate plan review for Caswell-Brown Phase 3.
Commissioner Dudley-Nollette seconded the motion. Chair Eisenhour opened the floor to allow for
public comments,and one comment was received. After a brief discussion,Chair Eisenhour called for a
vote on the motion. The motion carried by a unanimous vote. Clerk Gallaway noted that the two housing
meetings tomorrow will have limited public comment timeframes,and suggested sending public
comments to carolyn@co.jefferson.wa.us.
ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator
reviewed the following:
• Commissioners' Briefing Session-continued
• Calendar Coordination
NOTICE OF ADJOURNMENT: Chair Eisenhour adjourned the meeting at 4:31 p.m.
until the next regular meeting or special meeting as properly noticed.
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Commissioners Meeting Minutes of May 27,2025
QUARTERLY ELECTEDS AND DIRECTORS' COORDINATION MEETING:
The Commissioners met with Elected Officials, Department Directors and staff to discuss the following
items:
• Roundtable
o Sheriffs Office
• JCSO achieved accreditation
• Recent conference
• Staffing update; promotions and openings
o District Court
• Blake refunds
• Courts of limited jurisdiction
• Funding issues re: Blake refunds and rollout plan
• Staffing update; fully staffed
o Finance Director
• Finalizing annual report this week
• Working on homeless emergency center and HFB requests
• Working on budget
• Moving from a biennial budget to an annual budget
o Public Health
• Looking forward to annual budget
• Climate-related events
• Providing cleaning supplies, filters and air conditioners
• Assisting with cooling costs for emergency shelters
• Attending the All County Preparedness Day: June 28, 2025
• Working on budget in June
• Staffing report: leadership and training for health employees
o Communications Specialist
• All County Preparedness event: family friendly to teach preparation for disasters
• Working with departments, and how best to help
• Branding kits
o Assessor's Office
• Reinspecting Port Townsend; appraisers are out in the field
• Port of Port Townsend;tax exemption
• Property tax bills;didn't pass legislative session
• Mark McCauley; appreciation of service
o Treasurer's Office
• First half of taxes were due April 30, 2025 and processed
• Staffing update: Thomas Goodworth has been promoted to Financial Planning and
Analysis Manager, and Chris Kramer has been hired as Chief Deputy Treasurer
• Upcoming surplus auction
During the coordination updates, the power went out to the courthouse and a majority of Jefferson
County as well,with no timeframe on when it would be restored. The meeting was recessed at
approximately 12:33 p.m. and reconvened at 3:00 p.m. with all three Commissioners present.
3
Commissioners Meeting Minutes of May 27, 2025
10. APPROVAL OF PAYROLL WARRANTS: Dated May 5, 2025 and totaling$184,304.83,and
May 20,2025 and totaling$97,779.62
11. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 19,2025 and totaling
$407,663.87
EXECUTIVE SESSION: An Executive Session was scheduled from 9:30 a.m. to
10:00 a.m. Chair Eisenhour announced that the Executive Session will be held from 9:34 a.m. to
10:04 a.m. regarding Attorney-Client Privilege, Potential Litigation under exemption RCW
42.30.110(1)(i)as outlined in the Open Public Meetings Act. Staff present: Acting County
Administrator,Chief Civil Deputy Prosecuting Attorney(DPA), Civil DPA,Assistant Public Works
Director,Natural Program Services Manager, and Department of Community Development Director.
The Board concluded the Executive Session and resumed the regular meeting at 10:04 a.m.
Commissioner Dudley-Nollette moved to make public, a letter received from the Hood Canal Salmon
Enhancement Group(HCSEG)and that it satisfies the condition in Chair Eisenhour's email dated May
19,2025. Chair Eisenhour made a request for HCSEG to add a date to their letter. The friendly
amendment was agreeable to Commissioner Dudley-Nollette. Commissioner Brotherton seconded the
• motion. Chair Eisenhour shared the letter on her screen for the public to view. She called for public
comments on the motion,and no comments were received. She called for a vote on the motion. The
motion carried by a unanimous vote.
Commissioner Brotherton moved to adopt a statement of values of the Jefferson County Board of
County Commissioners regarding the Pleasant Harbor Master Planned Resort, and publicize this on our
socials, and ask that staff send this once approved by the County Commissioners and signed,directly to
George Terry at Department of Community Development,who is one of the leads with the Statesman
Group, so that we can get this information to the Statesman Group post haste, and to share it with the
press. Commissioner Dudley-Nollette seconded the motion. Chair Eisenhour called for public comments
on the motion,and one comment was received. At the request of the public, staff shared the letter via the
zoom chat box,and the Commissioners also read the letter aloud. As the public had more time to review
the letter, Chair Eisenhour called for additional public comments on the motion,and three comments
were received. After response to comments,Chair Eisenhour called for a vote on the motion. The
motion carried by a unanimous vote.
COMMISSIONERS' BRIEFING SESSION: The Commissioners discussed recent
meetings they attended, miscellaneous topics,and discussed the tourism committees. Commissioner
Brotherton expressed frustration over being excluded from the planning process for a roundabout
signage and art project, despite early involvement and multiple requests to reschedule conflicting
meetings. Although the project has made progress, no government entity has formally agreed to own and
maintain the installation,which is required by the grant. Concerns were raised about long-term costs,
liability, safety,and the lack of inclusive Tribal consultation in the signage design. Commissioner
Brotherton stated a desire to step back from tourism-related efforts.
The meeting was recessed at 11:44 a.m. and reconvened at 12:00 p.m. with all three
Commissioners present.
2
MINUTES
Jefferson County Board of County Commissioners
Regular Meeting — May 27, 2025, 9:00 a.m.
Jefferson County Courthouse—Commissioners' Chambers
1820 Jefferson Street, Port Townsend, WA (Hybrid)
CALL TO ORDER: Chair Heidi Eisenhour,Commissioner Greg Brotherton and
Commissioner Heather Dudley-Nollette participated in the meeting. Chair Eisenhour called the meeting
to order at the appointed time.
PUBLIC COMMENT PERIOD: Chair Eisenhour called for public comments, and four
comments were received. The Commissioners addressed the comments. Fire Marshal Phil Cecere made
an announcement that Jefferson County is moving from a low burn risk level,to a moderate burn risk
level, which will have restrictions as of June 1, 2025.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Brotherton moved to approve the Consent Agenda as presented. Commissioner Dudley-Nollette
seconded the motion which carried by a unanimous vote.
1. APPROVAL of MOTION re: Motion granting authority to the Central Services Director to
move forward with the procurement of necessary licenses for the Munis/EPL system and to
committing to approving an upcoming appropriation request funding this initiative
2. APPROVAL of HEARING NOTICE re: 2025-2 Budget Appropriations for various County
departments, Hearing to be held on June 9,2025 at 10:30 a.m. in the Commissioners' Chambers,
1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID)
3. AGREEMENT re: Employment Agreement for Jefferson County Administrator;Josh Peters
4. AGREEMENT,Amendment No. 1 re: SR 19/Rhody Drive Ped-Bike improvements—North
Segment Project No. 1802076, WSDOT Project No. TAP-0019(007); Additional amount of
$5,000 for a total of$466,135; Public Works; Washington State Department of Transportation
(DOT)
5. AGREEMENT,Change Order No.8 re: Phase 2—Water Reclamation Plant for the Port
Hadlock UGA, Project No.405-2114-0, Commerce Project No. 22-96515-026; Additional
amount of$27,465.54 for a total of$10,504,476.56; Public Works; Interwest Construction
6. ADVISORY BOARD REAPPOINTMENT re: Board of Health; Community Stakeholder:
Amanda Grace
7. ADVISORY BOARD RESIGNATION re: Intellectual and Developmental Disabilities
Advisory Board(IDDAB); Kim Rafferty
8. APPROVAL OF MINUTES: Regular Meeting Minutes of May 19, 2025
9. APPROVAL OF DISTRICT COURT JURY FEES: Dated May 15,2025 and totaling
$1,243.10
1
Agenda: May 27,2025
The County has various Boards and Committees that are subject to the Open Public Meetings Act(OPMA).
Agendas for those meetings will be posted to the Jefferson County website calendar 24 hours prior to the start of
the meeting. Agendas will contain information on how to provide public comment,meeting access,and meeting
materials(if available).
For more information,go to:www.cojefferson.wa.us and click on the Calendar tab.
COMMISSIONERS MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA.
Americans with Disabilities Act(ADA)Accommodations Provided Upon Request
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