HomeMy WebLinkAbout002Please put this in the PHMPR Comments file.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
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: Philip Hunsucker
Sent: Tuesday, January 02, 2018 3:08 PM
To: 'Carol Morris' <carol_a_morris@msn.com>
Cc: Ken Hugoniot <KHugoniot@co.jefferson.wa.us>; Laura Mikelson
<lmikelson@co.jefferson.wa.us>
Subject: RE: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Ms. Morris:
Attached is my substantive response to your emails.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
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: Carol Morris [mailto:carol_a_morris@msn.com
<mailto:carol_a_morris@msn.com> ]
Sent: Friday, December 29, 2017 10:18 AM
To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Cc: Ken Hugoniot <KHugoniot@co.jefferson.wa.us
<mailto:KHugoniot@co.jefferson.wa.us> >
Subject: Re: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Good morning: No need to respond other than to provide me with a copy
of the latest version of the draft development agreement. Thank you and
Happy Holidays.
Carol Morris, Morris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(253) 851-5090
F: (360) 850-1099
carol@carolmorrislaw.com <mailto:carol@carolmorrislaw.com>
Website: carolmorrislaw.com
This message is confidential, intended only for the named recipient(s)
and may contain information that is privileged, and/or attorney work
production exempt from disclosure under applicable law. If you are not
the intended recipient(s), you are notified that the dissemination,
distribution or copying of this message is strictly prohibited. If you
receive this message in error, or are not the named recipient(s), please
notify the sender at either the e-mail address or telephone number above
and delete this e-mail from your computer. Receipt by anyone other than
the named recipient(s) is not a waiver of any attorney-client product or
other applicable privilege. Thank you.
________________________________
________________________________
From: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Sent: Thursday, December 28, 2017 6:48 PM
To: Carol Morris
Cc: Ken Hugoniot
Subject: RE: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Ms. Morris:
Thanks for your email confirming that the County has responded to your
request. I will respond to the email below substantively by the end of
next week, earlier if possible.
Happy New Year.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
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: Carol Morris [mailto:carol_a_morris@msn.com
<mailto:carol_a_morris@msn.com> ]
Sent: Thursday, December 28, 2017 4:47 PM
To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Cc: Ken Hugoniot <KHugoniot@co.jefferson.wa.us
<mailto:KHugoniot@co.jefferson.wa.us> >
Subject: Re: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Good afternoon: Yes, it acknowledged my request. I want to be sure
that the County doesn't continue to try to hide behind RCW 42.56.280 as
an excuse for not providing the public with a copy of the draft
development agreement submitted to the County by the developer, or the
draft as it has been amended by the County after "negotiations" with the
developer, for purposes of "discussion" (between the BOCC and the
Planning Commission).
As you are aware, RCW 36.70B.170(1) prohibits development agreements
that are inconsistent with the County's adopted development regulations.
The definition of "development regulations" in RCW 36.70A.030(7)
includes the County's zoning ordinances, critical areas ordinances,
official controls, etc. Therefore, if the County is attempting to amend
its development regulations through a development agreement, it is
thwarting the Growth Management Act's purposes, including but not
limited to, the encouragement of citizen involvement in the planning
process. RCW 36.70A.140 also requires that the County follow its public
participation program in the adoption of amendments to the comprehensive
plan and development regulations. There are no short cuts to such
amendments through development agreements.
When an applicant for a development approval submits an application to
the County, the application materials are not exempt from disclosure
under the Public Records Act. The County's staff report on whether or
not the application materials comply with the County's code is not
exempt from disclosure under the Act. If the County has prepared a
draft of a development agreement that will modify the County's codes or
comprehensive plan, and will be discussing it during an open meeting,
the public must be provided a copy of this draft, well in advance of the
meeting. The public should be able to review the draft prior to the
meeting, so that the public, as well as all other participants, will be
fully informed of the subject matter -- and can at least follow the
discussion, if the County is too afraid to open the meeting up to public
comment.
The County is required by law to "provide for broad dissemination of
proposals and alternatives, opportunity for written comments, public
meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and
response to public comments." It appears that the County wants to
prevent the public from obtaining information about the County's
"negotiations" with the developer, so that these "negotiations" may
proceed in secret. Apparently, the County believes that it only owes
the public one public hearing on a development agreement, which we
expect will drastically deviate from the County's existing development
regulations. Such surprise tactics violate GMA and procedural due
process.
Carol Morris, Morris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(253) 851-5090
F: (360) 850-1099
carol@carolmorrislaw.com <mailto:carol@carolmorrislaw.com>
Website: carolmorrislaw.com
This message is confidential, intended only for the named recipient(s)
and may contain information that is privileged, and/or attorney work
production exempt from disclosure under applicable law. If you are not
the intended recipient(s), you are notified that the dissemination,
distribution or copying of this message is strictly prohibited. If you
receive this message in error, or are not the named recipient(s), please
notify the sender at either the e-mail address or telephone number above
and delete this e-mail from your computer. Receipt by anyone other than
the named recipient(s) is not a waiver of any attorney-client product or
other applicable privilege. Thank you.
________________________________
________________________________
From: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Sent: Wednesday, December 27, 2017 5:56 PM
To: Carol Morris
Cc: Ken Hugoniot
Subject: RE: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Ms. Morris:
I received your public records request via another email earlier today.
I understand that Jefferson County already has acknowledged receipt of
your public records request.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
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: Carol Morris [mailto:carol_a_morris@msn.com
<mailto:carol_a_morris@msn.com> ]
Sent: Wednesday, December 27, 2017 11:20 AM
To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Subject: Fw: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Carol Morris, Morris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(253) 851-5090
F: (360) 850-1099
carol@carolmorrislaw.com <mailto:carol@carolmorrislaw.com>
Website: carolmorrislaw.com
This message is confidential, intended only for the named recipient(s)
and may contain information that is privileged, and/or attorney work
production exempt from disclosure under applicable law. If you are not
the intended recipient(s), you are notified that the dissemination,
distribution or copying of this message is strictly prohibited. If you
receive this message in error, or are not the named recipient(s), please
notify the sender at either the e-mail address or telephone number above
and delete this e-mail from your computer. Receipt by anyone other than
the named recipient(s) is not a waiver of any attorney-client product or
other applicable privilege. Thank you.
________________________________
________________________________
From: Carol Morris <carol_a_morris@msn.com
<mailto:carol_a_morris@msn.com> >
Sent: Wednesday, December 27, 2017 10:46 AM
To: mhass@co.jefferson.wa.us <mailto:mhass@co.jefferson.wa.us> ;
mfarfan@jefferson.wa.us <mailto:mfarfan@jefferson.wa.us>
Subject: Joint Meeting of BOCC and Planning Commission -- Pleasant
Harbor
Good morning: It is my understanding that there will be a joint
meeting of the BOCC and the Planning Commission on the Pleasant Harbor
proposed development agreement on January 16, 2017.
Please send me a copy of this proposed development agreement. If the
proposed development agreement will not be made available to the public
prior to this meeting, I would appreciate a copy of the County's public
participation program, as required by RCW 36.70A.140.
If I need to make a public records request for the proposed development
agreement, please let me know. The County certainly has no
justification for withholding this proposed development agreement as a
"draft," given that they have now cited to it in connection with the
County's proposed action. See, RCW 42.56.280.
Thank you.
Carol Morris, Morris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(253) 851-5090
F: (360) 850-1099
carol@carolmorrislaw.com <mailto:carol@carolmorrislaw.com>
Website: carolmorrislaw.com
This message is confidential, intended only for the named recipient(s)
and may contain information that is privileged, and/or attorney work
production exempt from disclosure under applicable law. If you are not
the intended recipient(s), you are notified that the dissemination,
distribution or copying of this message is strictly prohibited. If you
receive this message in error, or are not the named recipient(s), please
notify the sender at either the e-mail address or telephone number above
and delete this e-mail from your computer. Receipt by anyone other than
the named recipient(s) is not a waiver of any attorney-client product or
other applicable privilege. Thank you.
________________________________
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