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MINUTES
Special Meeting
SEPTEMBER 1, 1994
The meeting was called to order at 10:00 a.m. by Chairman Robert Hinton.
Commissioners Glen Huntingford and Richard Wojt were both present.
AGREEMENT re: Professional Le2al Services and Declaration of Support:
Appeal of Growth Mana2ement Hearin2s Board Order: Prosecuting Attorney Mark Huth
submitted a declaration supporting the Kitsap County request for a stay in their appeal of the
Central Growth Management Hearings Board decision that removed one of their Urban Growth
Areas. He reported that it is his understanding that a number of County Commissioners have
signed this type of declaration. He advised that if the Court grants a stay, due to the Kitsap
County case, to allow the Counties to clarify exactly where the growth management process
is taking County government, it will go a long way toward Jefferson County asking for the
same thing in the appeal of the Western Growth Management Hearings Board order.
Commissioner Wojt noted that Section 5 of the declaration says "To comply with the Kitsap
decision will require us to start our planning process over and setback adoption of our plan
by months. " He asked if that is true. Steve Ladd answered that the whole process would not
have to be started over. Commissioner Wojt stated that he could not sign the declaration with
this statement in it. Mark Huth explained that this is a draft document and the Board can
change it. Commissioner Wojt asked how long the County's planning process would be
setback to comply to the order? After discussion of the work that will need to be done and
how long that will take, it was estimated that it would take at least 8 to 10 months to do the
proper analysis.
Commissioner Huntingford moved to authorize the Chairman to sign the declaration in support
of the Kitsap County case with the change to Section 5 as suggested. Commissioner Wojt
seconded the motion which carried by a unanimous vote.
Professional Legal Services: Mark Huth reported that he, David Goldsmith and Commissioner
Huntingford met with Keith Dearborn, Attorney. They discussed hiring Mr. Dearborn to
represent the County in the appeal of the Hearings Board order. Mr. Dearborn is a partner
in the firm of Bogel and Gates and is a land use expert who was involved in drafting part
of the Growth Management Act and changes made to the Act in 1991. He submitted a draft
contract for the Board to review. This contract includes a cap on the amount that can be
expended without further approval from the Board. Chairman Hinton asked if there would
be any conflict of interest in hiring Mr. Dearborn for this work. The only possible conflict,
is that Bogle and Gates has a person in the firm who has provided legal advise to the City
of Port Townsend in the past concerning water rights on the Quilcene River. He has
discussed this with the partners in the firm and they don't feel there is any conflict.
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Commissioners' Meeting Minutes: Special Meeting September 1, 1994
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of Port Townsend in the past concernIng water rights on the Quilcene River. He has
discussed this with the partners in the firm and they don't feel there is any conflict.
Commissioner Huntingford added that Bogel and Gates has not actively done any work for
the City in the past 6 months.
Commissioner Huntingford moved that the County enter into a professional services contract
with Bogel and Gates, Attorneys with a cap of $20,000 (Section 3) and to have the
Prosecuting Attorney draw up the necessary agreement for approval at the next Board meeting.
Commissioner Wojt seconded the motion. The Chairman called for a vote on the motion.
Commissioner Huntingford and Chairman Hinton voted for the motion. Commissioner Wojt
abstained from voting. The motion carried.
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