HomeMy WebLinkAbout20 2014-06-10David W. Johnson
From: Robert Smith [robert@plauchecarr.com]
Sent: Tuesday, June 10, 2014 11:07 AM
To: Stacie Hoskins
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com;
marine.surveys.inc@gmail.com; Carl Smith; David W. Johnson
Subject:RE: BDN LLC Geoduck Farm
Stacie,
Thank you for your quick response. I also will be leaving on vacation on June 17 for two weeks but will be able
to discuss with your legal counsel at any time before I leave.
Robert
From: Stacie Hoskins [mailto:SHoskins@co.jefferson.wa.us]
Sent: Tuesday, June 10, 2014 11:04 AM
To: Robert Smith
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.inc@gmail.com;
Carl Smith; David W. Johnson
Subject: RE: BDN LLC Geoduck Farm
Hello, Robert.
I forwarded your request and your contention that this inquiry does not qualify as "Customer Assistance" to David
Alvarez, our county legal advisor. He is out of the office until later this week and will provide our department with his
legal assessment of your inquiry regarding vesting and payment. I do not have an estimate for when David Alvarez will
be able to respond.
I will be leaving on vacation and have provided my associate David Johnson with your inquiry for follow up after David
Alvarez returns. I have also copied David Johnson with this message for your convenience.
Best regards,
Stacie,L'. qoti+g(.44
Planning Manager, Jefferson County Department of Community Development
621 Sheridan Street * Port Townsend, WA 98368
Phone 360-379-4463 * Fax 360-379-4451
shoskinsPco.iefferson.wa.us
Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by
promoting a vibrant economy, sound communities and a healthy environment.
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a
state law found at RCW 42.56.Under the Public Records law the County must release this e-mail and its contents to any person who asks to
obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law,including
RCW 42.56 and other state laws. LOG IT h
From: Robert Smith [mailto:robert@plauchecarr.com] l .
Sent: Tuesday, June 10, 2014 11:00 AM Plage N of S
To: Stacie Hoskins
Cc: Brad <Brad@ iseaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.incCalgmail.com;
1
Carl Smith
Subject: RE: BDN LLC Geoduck Farm
Ms. Hoskins:
First, I'd like to correct my previous email. The applications were filed under BDN, LLC. Sorry for any
confusion. Second, the relevant fee cited is for a preapplication process for"Land Use Approval Applications
Unified Development Code)." Our point is that no land use approval application is necessary for this project,
and therefore it is inappropriate to be charged in a process where no application or approval is needed.
Requiring payment of a fee in this circumstance would violate RCW 82.02.020, as it would constitute an illegal
tax not associated with a permit. Further, it violates Washington due process regulations, which prohibit the
prepayment of county or city attorneys' fees to discuss an administrative dispute with a public agency. I would
be happy to discuss these legal principles with your legal counsel if necessary. We look forward to your
response to my previous letter, which establishes BDN's vested rights under Washington State law to proceed
without a County permit. Thank you for your consideration.
Robert
From: Stacie Hoskins [mailto:SHoskins@co.jefferson.wa.us]
Sent: Monday, June 09, 2014 4:30 PM
To: Robert Smith
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.inc@gmail.com;
Carl Smith
Subject: RE: BDN LLC Geoduck Farm
Hello, Mr. Smith,
I was not asking for permit review payment. I was seeking payment for staff time consistent with our fee schedule for
Customer Assistance. Please see the attached JCC Appendix Fee Schedule and/or follow the hyperlink: II. Department of
Community Development—Building Division, Development Review and Long-Range Planning.
Line item#26 is for Customer Assistance Meeting and the fee is$76.00 per hour.
Best regards,
Stacie 4. qadl¢u/d
Planning Manager, Jefferson County Department of Community Development
621 Sheridan Street * Port Townsend, WA 98368
Phone 360-379-4463 * Fax 360-379-4451
shoskinspco.jefferson.wa.us
Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by
promoting a vibrant economy, sound communities and a healthy environment.
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a
state law found at RCW 42.56.Under the Public Records law the County must release this e-mail and its contents to any person who asks to
obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law,including
RCW 42.56 and other state laws.
From: Robert Smith [mailto:robert@plauchecarr.com] r
Sent: Monday, June 09, 2014 4:12 PM 2-
To:To: Stacie Hoskins
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.inc@gmail.com;
2
Carl Smith
Subject: RE: BDN LLC Geoduck Farm
Ms. Hoskins:
Your email below appears to be a request for payment as part of a permitting process. As I stated in the
previous letter, it is our position that Seaproducks does not require a County permit given its rights were vested
before the County's SMP update was completed. Therefore, it would be inappropriate for Seaproducks to pay
for County time independent of a permitting process. Seaproducks is not asking for anything from the County
other than confirmation that a permit is not required, and not is receiving anything from the County. Further,
requiring Seaproducks to pay the County to discuss any type of dispute it may have with the County regarding
the necessity of a permit would violate a variety of due process principles and is prohibited by Washington state
law. The same would be true of a County requirement for Seaproducks to pay the County's attorneys' fees to
discuss the issue with the County Prosecutor's Office (absent a court order awarding attorneys' fees should
there be a judgment in favor of the County). We are happy to discuss the substance of the letter with you or
your legal counsel if you disagree with its conclusions, but it is inappropriate and illegal to request that
Seaproducks pay for staff time to discuss it with your office.
Robert
From: Stacie Hoskins [mailto:SHoskins@co.jefferson.wa.us]
Sent: Monday, June 09, 2014 12:33 PM
To: Robert Smith
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.inc@gmail.com;
Carl Smith
Subject: RE: BDN LLC Geoduck Farm
Hello, Mr. Smith,
We'd be happy to help you with your request:
o Our resource center offers informational handouts and public research computers at no charge;
o We also offer a Coaching Service through a Customer Assistance Meeting(CAM) that provides:
15 minutes of free staff assistance;
After 15 minutes, a minimum fee of$76 is charged for up to one hour of assistance;
Additional assistance over 1 hour is charged at the $76 hourly rate in 15 minute increments.
Given the extent of your inquiry and previous time I've spent with Amy Lietman on this issue,you will need to pay a
minimum of one hour for our service to respond to your inquiry. Payment can be made by check to "Jefferson County
DCD" or by credit card online from our website (a small service fee is applied):
http://www.co.iefferson.wa.us/commdevelopment/Credit%20Card.htm
As the first step to access our Coaching Service please fill out a Customer Assistance Meeting (CAM) Intake Form to
submit your request. You can submit your completed form via:
Email dcd@co.iefferson.wa.us;
Fax 360.379.4451; or
Delivery by mail or in person to 621 Sheridan Street, Port Townsend, WA 98368.
Learn more about Coaching/CAM here.
Best regards,
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Paye 3 of 5
Stacie 4. ioa
Planning Manager,Jefferson County Department of Community Development
621 Sheridan Street * Port Townsend, WA 98368
Phone 360-379-4463 * Fax 360-379-4451
shoskinspco.jefferson.wa.us
Jefferson County DCD Mission; To preserve and enhance the quality of life in Jefferson County by
promoting a vibrant economy, sound communities and a healthy environment.
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a
state law found at RCW 42.56.Under the Public Records law the County must release this e-mail and its contents to any person who asks to
obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law,including
RCW 42.56 and other state laws,
From: Robert Smith [mailto:robert@plauchecarr.com]
Sent: Wednesday, June 04, 2014 10:31 AM
To: Stacie Hoskins
Cc: Brad <Brad@seaproducks.com> (Brad@seaproducks.com); Kyle@seaproducks.com; marine.surveys.inc@gmail.com
Subject: BDN LLC Geoduck Farm
Ms. Hoskins,
Please see the attached letter submitted on behalf of BDN LLC. Please let me know if you have any questions.
Thanks.
Robert M. Smith
Plauche & Carr LLP
811 First Avenue
Suite 630
Seattle, WA 98104
206) 436-0615
robert@plauchecarr.com
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