HomeMy WebLinkAbout121916_ra02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: December 19, 2016
RE: Status Update of Settlement Negotiations with Port Ludlow Associates re: 2015 Timber
Harvests; Possible Deliberation and Action on a Settlement Agreement and Release of Claims
STATEMENT OF ISSUE: Staff will brief the Board on the status of settlement negotiations with Port
Ludlow Associates (PLA) regarding PLA's 2015 timber harvests within the Port Ludlow Master Planned
Resort. The Board may also deliberate on, and may take action on, a potential Settlement Agreement
and Release of Claims.
ANALYSIS: In 2015, Port Ludlow Associates conducted timber harvests and/or obtained State Forest
Practice Permits to conduct harvests on four parcels within the Master Planned Resort: parcel numbers
821083006 (6.3 acres zoned MPR -SFT), 821172001 (31.5 acres zoned MPR -SFT), 821164002 (34.8 acres
zoned MPR-OSR), and 821211003 (65.25 acres zoned MPR-OSR). The County contended that the timber
harvests were in violation of the Port Ludlow Development Agreement dated May 1, 2000. PLA
disagreed with the County.
Pursuant to the Development Agreement, the County and PLA entered into mediation and a negotiation
process to attempt to resolve the dispute, as a required step prior to litigation. On January 27 and May
20, 2016, the County and PLA participated in a mediation led by mediator Phyllis Macleod, to attempt to
resolve their disagreements regarding the timber harvests. The County and PLA subsequently engaged
in extensive further direct negotiations regarding the 2015 harvests, as well as what timber practices
PLA may conduct under the Development Agreement within the Master Planned Resort in future years.
Staff will update the Board of County Commissioners on the status of those negotiations. If staff
negotiations have resulted in a finished proposal for a Settlement Agreement and Release of Claims, the
Board would be given an opportunity to deliberate on the finished proposal, and potentially take action
on whether to approve the Agreement.
FISCAL IMPACT: No direct fiscal impact. Once and if a Settlement Agreement is mutually executed, the
County's cost to conduct negotiations would be curtailed, and the costs of litigating may also be
avoided.
RECOMMENDATION: Hear the staff briefing. If a Settlement Agreement is ready for consideration,
deliberate on said Settlement proposal, and potentially take action on the proposal.
ZR7 BY:
4 4-
Philip Morl ounty Administrator Date