The URL can be used to link to this page

Home My WebLink About026 91 X', ')\) ~w1 , ""? 4-;;) '<'1( 1;-(~) PA-> COUNTY OF JEFFERSON STATE OF WASHINGTON I n the Matter of Establishment of a Open Space Acquisition Fund } } } Resolution No. 26-c91 WHEREAS, certain lands in Jefferson County have had timber harvested pursuant to the provisions of Chapter 76,09 RCW, the Forest Practices Act; and WHEREAS, said lands were the subject of permits which declared the intention by the landowner to maintain the timber resource by reforestation; and WHEREAS, Jefferson County Resolution No. 35-90 declares a permit moratorium on lands improperly or erroneously converted from Class I, \I and III Forest Practices; and WHEREAS, said permit moratorium shall be in effect for a period of six (6) years following the forest practice, unless said lands receive approval for conversion pursuant to Jefferson County Resolution No. 37-90, Interim Timber Conversion Policy; and, WHEREAS, in cases where such a violation has occurred and the County has agreed to a settlement in lieu of reforestation for the properties in question; a donation of funds to Jefferson County will be required. These funds will be used solely for the acquisition of open space and green belt areas for the benefit of the citizens of the County; NOW THEREFORE BE IT RESOLVED, that a Open Space Acquisition Fund is hereby established to be used for acquisition of open space and green belt areas as directed by the Jefferson County Commissioners. BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to establish a fund to be known as the Open Space Acquisition Fund. The County Auditor is hereby authorized to disburse funds from the said Account as directed by the Board of County Commissioners. , . ',. , <.- " , f -" ¡, ". ) 'I ' ", SEAL: ./"- . , 1',~ ',I ',- I.,. f1.a ~,-;, t '<r. . " ..' " I .' . . \ tow>:; ¡". /: ~ ,. \ i , . . - .. ! I, ",'.' - . .. , '. . ,}_... It:' \-, ~~. ,- ATTEST: ", '. . ~ . ..' " 1.))'1:" . "~" ' APPROVED AND SIGNED this ~ day of APRIL, 1991. JEFFERSON COUNTY BOARD OF C ISSIONERS . .." B. G. Brow~, M,e.. mber /~¡ /L' [:ßfl / .. ¿-., . ) (/ ..-j~~& ,.' /(.. t h: - - . ard E. Wojt, Member Lorna L. Delaney, Clerk of the Board ) 17 ii' nn \.. -;¿ : / .... SCHWABE ~IAMSON & \JVYATT PACIFIC F1RST CENTRE, SUITE 2600 1420 FIFI'H AVENUE. SEAT'ILE, WASlIINGTON 9Slen.JO9S TELEPHONE: 206 621-9168. FAX: 206 467-6180. TELEX 4937535 SWK VI ATTORNEYS AT LAW JAMBS C,IIANKEN December 28, 1990 Mr. Mark Huth Deputy Prosecuting Attorney Jefferson County Courthouse P. O. Box 1220 Port Townsend, WA 98368 Re: Pope & Talbot Forest Application Nos. FP-O2-07672 and FP-02-07673 Dear Mr. Huth: Enclosed please find a check in the sum of $43,350.00 made payable to Jefferson County Treasurer. This amount is established by the total acreage contained in the above- referenced forest application permit properties multiplied by $75.00 and representing the reforestation costs agreed upon between Jefferson County and Pope & Talbot relative to those properties. These funds are tendered in lieu of performance of any reforestation obligation. This tender of funds is conditioned upon acceptance by Jefferson County in lieu of any civil or criminal responsibility for alleged violations of reforestation requirements imposed on Pope & Talbot and its successors in regards to the foregoing prcperties. This condition means that Pope & Talbot will have no responsibility to the state of Washington or to Jefferson County in any aspect regarding reforestation as a result of its harvesting activity on the subject properties. Furthermore, the successors in interest to Pope & Talbot will have no impediments to future permits arising solely from the failure to reforest in accordance with the .Jefferson County ordinances regarding these requirements. We trust that this will be to the satrt>faction of all parties. Pope & Talbot continues to maintain that the reforestation responsibility is that of the purchaser of any properties from Pope & Talbot. Pope & Talbot further maintains that, as to the subject properties, it has never been in violation inasmuch as its rights to reforest continued through this year. -,Inl vV'- 1'" n( I . I' :: r 'I' . r "" . . '., 27~ POR'TIAND. SEATTLE' WASHINGTON. D.C, Mr. Mark Huth December 28, 1990 Paqe 2 In regards to FP-02-08579, we have spoken to John Nesset who advises us that he acknowledges that the responsibility of reforestation is his and that he will handle this directly with Jefferson County. It is our further understanding that a joint press release will be issued relative to this settlement. A proposed draft is included for your consideration. We appreciate the diligence in which you have attended to this matter to finally resolve what has been, in our eyes, an unfortunate incident based on media misunderstandings of our responsibilities. JCH/k/4962 Enclosure cc: Jerry Clark John Nesset Bart Irwin Sincerely, ~~ é!, ~~ James C. Hanken ;t~ \.'O!,. 1',' rn ¡' r' 1(.,: I .' - .. ,.. 27:"" SCHWABE. WILLIAMSON &. W\mT ----'~---~~-- I DISCOUNT -~ ACCTNo.. PERIOD VENDOR VENDOR INVOICE NO. PURCHASE ORDER AMOUNT 12/90 51873-00 RE-PLANT SETTLE I $43,350.00 ----------- . \!~, 17/, . in'"\ _,l"-_..-___~l_...- --- 274 Check No. 260331 POPE & TALBOT, INC. ------------ .,--- --- .,-------- ------ PRESS RELEASE Jefferson County Prosecutor, Jefferson County Commissioners, and Pope & Talbot, Inc. announce that they have reached an accord in regards to the settlement of an outstanding issue regarding reforestation of certain properties that Pope & Talbot logged in Jefferson County. Pope & Talbot acquired several parcels classified as non- forestry land for tax purposes. It logged these properties and failed to indicate an intent for reclassification on the forest application permits. Pope & Talbot had through the summer of 1991 to reforest these properties. Subsequently, Pope & Talbot sold these properties to others. Development permits have been sought by these purchasers. Jefferson County has an ordinance ------..".--..." --.----.", - requiring reforestation to be completed prior to any consideration would be given to development permits for a period of six years. After discussions, Pope & Talbot and Jefferson County have agreed that in lieu of reforestation of properties "Ê:ÌIIii!I!å most likely ~ll be developed in the future, +-h-WÞ ân equivalent amount of funds be donated to Jefferson County for acquisition of open space and green belt areas for the benefit of the citizens of Jefferson County. . Jefferson County is pleased to receive and utilize these funds for this purpose. Pope & Talbot is pleased to be able to assist in enhancing the public interest in protecting the forest base of Jefferson County. VOL 1",' nn : . H. . f.~. f ! t. -: ... : I Ff10M ~:~f,~~~~ng Attorney's Office I JEFFERSON COUNTY COMMISSIONERS ----- ---- ------------ - --_1__- :OAT TO:NS~~~~";~ INGTON 98368 SVBJEC T JDATE MESSAGFEund for "donation" received from Pope and Ta1b~t__~- 2/28/91 Dear Mark, Well, here's a stab at a draft resolution establishing a fund for the Pope Settlement. Please review and make whatever changes are necessary to make it right, It's really hard to write a resolution when you don't really know exactly what its for or why. Oh Well that's what you get the big bucks for, right? p.S. l~ie down the account number with 11a, when 1 get this back from you, ORIGINATOR-DO NOT WRITE BELOW THIS LINE REPLY TO REPLY ) SIGNED Thanks for the help. '0 \Y' C9--1~Þ[ OL -T ~~- <:> c"-~ ~ /,...0 V'(l\ tt A- ~~ 4, V- ;e-+lt~ fLe- tAe. Y L$ tð"^V\ ~ .:J .ct.v~- L-'p " r.r-~v'-V\t~ DATE ~ I~)b I c ..--.... ~ SIGNED ~ RM858-3 SEND PARTS t AND 3 INTACT-PART 1 WILL BE RETURNED WITH REPLY RETURN TO ORIGINATOR