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SMP Update – Failure of Due Process 6.01

SMP Update – Failure of Due Process 6.01

RESPONSIBILITIES OF SHORELINE ADVISORY COMMITTEE

CHAPTER 6 – MASTER PROGRAM REVIEW AND AMENDMENT PROCESS

6.01 GENERAL – It is recognized that changing public opinion, community needs and standards, NEW TECHNOLOGY AND INFORMATION OR OTHER UNFORESEEN CHANGING CONDITIONS MAY JUSTIFY AND COMPEL REVIEW AND AMENDMENT TO THIS MASTER PROGRAM. However, to insure that suggested changes are not arbitrary or oriented to individual advantage, ANY PROPOSED AMENDMENTS OR ADDITIONS TO THE MASTER PROGRAM SHALL FOLLOW A PROCESS similar to that utilized for amending the County’s

Comprehensive Plan. Compliance with this process will assure formal public notice and public hearing(s) the opportunity for ample public involvement, assessment and recommendation by the County Planning Department’s professional staff AND THE COUNTY SHORELINE ADVISORY COMMITTEE with final formal approval given the Board of County Commissioners, prior to submission to the Department of Ecology for official certification.

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I READ THE ENTIRE PACKET PROVIDED BY CLALLAM COUNTY TO EACH APPOINTED MEMBER OF THE ADVISORY COMMITTEE FOR THE SMP UPDATE.

APRIL 30, 2011,   I SENT AN EMAIL TO  GRAY, STEVE AND MEMBERS OF THE COUNTY SHORELINE ADVISORY COMMITTEE (full text below)

As a member of the Advisory Committee I urge you to read the following.

In your Appointed position you have a responsibility to ALL citizens of Clallam County.

The committee is made up of a very diverse group.

Please, be a responsible member of the Advisory Committee.

Pearl Rains Hewett (member of the Advisory Committee)

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DUE PROCESS IN THE MASTER PROGRAM SHALL FOLLOW A PROCESS

The Clallam County SMP Update amendment process was as easy as

  1. APPOINTING A CLALLAM COUNTY SHORELINE ADVISORY COMMITTEE
  2. THE CLALLAM COUNTY SHORELINE ADVISORY COMMITTEE REPORTS TO THE PLANNING DEPT.
  3. THE PLANNING DEPT ADVISES AND REPORTS TO THE COUNTRY COMMISSIONERS
  4. WITH FINAL FORMAL APPROVAL GIVEN THE BOARD OF COUNTY COMMISSIONERS, PRIOR TO SUBMISSION TO THE DEPARTMENT OF ECOLOGY FOR OFFICIAL CERTIFICATION

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APRIL 30, 2011, I WAS CONCERNED ABOUT THE NEGLECT OF DUE PROCESS,  I SENT AN EMAIL TO  GRAY, STEVE AND MEMBERS OF THE COUNTY SHORELINE ADVISORY COMMITTEE (full text below)

Subject: County Shoreline Advisory Committee

RESPONSIBILITIES OF SHORELINE ADVISORY COMMITTEE

Steve Grays Response Sent: Monday, May 02, 2011 6:16 PM

SENT AFTER RECEIVING Katie Krueger response Monday, May 02, 2011 8:49 AM

 

—– Original Message —–

From: Gray, Steve

To: pearl hewett ; katie.krueger

Sent: Monday, May 02, 2011 6:16 PM

Subject: RE: County Shoreline Advisory Committee

STEVE GRAY RESPONSE ON THE RESPONSIBILITIES  OF CLALLAM COUNTY SHORELINE ADVISORY COMMITTEE ON  THE  SO CALLED SHORELINE ADVISORY COMMITTEE

Hmmm… MAY 02, 2011

DCD’S SHORT FORM OF DUE PROCESS ON SMP Update

 1.The Clallam County Planning Dept advises the commissioners

  1. With final formal approval given the Board of County Commissioners, prior to submission to the Department of Ecology for official certification

INDEED, MAY 02, 2011 THIS IS STEVE GRAYS DEFINITION OF DUE PROCESS

In response to the below emails from members of the Committee, please note that the SHORELINE ADVISORY COMMITTEE you are on is not responsible for holding the formal public hearings noted in Chapter 6 of existing Shoreline Master Program (SMP). 

 That will be the responsibility of the Clallam County Planning Commission as directed by the Board of Commissioners in the adopted public participation plan for the shoreline master program update. 

 I know it is somewhat confusing since Chapter 6 of the current Shoreline Master Program refers to A SHORELINE ADVISORY COMMITTEE, which is the same name applied to the current Committee.  THE CURRENT SHORELINE ADVISORY COMMITTEE that was formed by invitation by the Department of Community Development IS AN IMPORTANT WORK GROUP to provide input  to the Planning Commission and Board of Clallam County Commissioners on tough issues as this process moves forward. 

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Hmmm…SHORT FORM OF DUE PROCESS ON SMP Update

UPDATED ON Oct 27, 2017

1.The Clallam County Planning Dept advises the commissioners

  1. With final formal approval given the Board of County Commissioners, prior to submission to the Department of Ecology for official certification

AND THE SO CALL SHORELINE ADVISORY COMMITTEE? THE IMPORTANT SMP WORK GROUP?

INFORMATION OR OTHER UNFORESEEN CHANGING CONDITIONS MAY JUSTIFY AND COMPEL REVIEW AND AMENDMENT TO THIS MASTER PROGRAM

2017 SMP UPDATE FAILURE OF DUE PROCESS 6.01

THIS IS THE SHORT FORM FOR EMAILING

PLEASE CLICK ON THE TOP LINK TO READ THE FULL 2400 WORD DOCUMENT for full text of the documentation

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FULL TEXT April 30, 2011

Subject: County Shoreline Advisory Committee

RESPONSIBILITIES OF SHORELINE ADVISORY COMMITTEE

From: pearl hewett [mailto:phew@wavecable.com]
Sent: Saturday, April 30, 2011 8:39 AM
To:  Gray, Steve; mclancy; Merrill, Hannah;
Subject: County Shoreline Advisory Committee

RESPONSIBILITIES OF SHORELINE ADVISORY COMMITTEE

I read the entire packet provided by Clallam County to each appointed member of the Advisory Committee for the SMP update.

DID YOU?

As a member of the Advisory Committee I urge you to read the following.

In your Appointed position you have a responsibility to ALL citizens of Clallam County.

The committee is made up of a very diverse group.

Please, be a responsible member of the Advisory Committee.

Pearl Rains Hewett (member of the Advisory Committee)

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CHAPTER 6 – MASTER PROGRAM REVIEW AND AMENDMENT PROCESS

6.01 GENERAL – It is recognized that changing public opinion, community needs and standards, new technology and information or other unforeseen changing conditions may justify and compel review and amendment to this master program. However, to insure that suggested changes are not arbitrary or oriented to individual advantage, any proposed amendments or additions to the master program shall follow a process similar to that utilized for amending the County’s Comprehensive Plan. Compliance with this process will assure formal public notice and public hearing(s) the opportunity for ample public involvement, assessment and recommendation by the County Planning Department’s professional staff and the County Shoreline Advisory Committee with final formal approval given the Board of County Commissioners, prior to submission to the Department of Ecology for official certification.

For shoreline environment redesignations, the County’s shoreline inventory shall be updated for those areas affected within the six months preceding the public hearing on the proposed redesignation. The inventory update shall include mapping of shoreline use and ownership, natural features and resources as well as evaluation of federal, state and local plans and legislation and any other relevant factors.

6.02 PUBLIC HEARING REQUIRED – Before approving all or any part of the shoreline master program or any amendment, extension or addition thereto, the advisory committee shall hold at least one public hearing. For any major changes, hearings shall be held in Forks and Sequim as well as in Port Angeles.

6.03 NOTICE OF HEARING – Notice of the time, place and purpose of any public hearing shall be given by one publication in a newspaper of general circulation in the County and in the official gazette, if any, of the County, at least ten days before the hearing.

6.04 APPROVAL-REQUIRED VOTE-RECORD – The approval of the Shoreline Master Program, or of any amendment, extension or addition thereto shall be by the affirmative vote of not less than a majority of the total members of the advisory committee. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the committee and the reasons for its action and the motion shall refer expressly to the maps, descriptive, and other matters intended by the committee to costitute the plan or amendment, addition or extension thereto. The indication of approval by the committee shall be recorded on the map and descriptive matter by the signatures of the chairman and the secretary of the committee and of such others as the committee in its rules may designate.

6.05 REFERRAL TO BOARD – A copy of the Shoreline Master Program or any part, amendment, extension of or addition thereto, together with the motion of the planning agency approving the same, shall be transmitted to the Board for the purpose of being approved by motion and certified.

6.06 BOARD MAY INITIATE OR CHANGE — NOTICE – When it deems it to be for the public interest, or when it considers a change in the recommendations of the advisory committee to be necessary, the Board may initiate consideration of any change in or addition to the master program. The Board shall first refer the proposed plan, change or addition to the advisory committee for a report and recommendation. Before making a report and recommendation, the committee shall hold at least one public hearing on the proposed change or addition. Notice of the time and place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the County and in the official gazette, if any, of the County, at least 10 days before the hearing.

6.07 BOARD MAY APPROVE OR CHANGE — NOTICE – After receipt of the report and recommendations of the Shoreline Advisory Committee on the matters referred to in 6.06, or after the lapse of the prescribed time for the rendering of such report and recommendation by the committee, the Board may approve by motion and certify such change or addition without further reference to the committee: Provided, that the change or addition conforms either to the proposal as initiated by the County or the recommendation thereon by the Committee. Provided further, that if the Shoreline Advisory Committee has failed to report within a 90 day period, the Board shall hold at least one public hearing on the proposed change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the County and in the official gazette, if any, of the County, at least 10 days before the hearing. Thereafter, the Board may proceed to approve by motion and certify the proposed master program or any part, amendment or addition thereto.

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FULL TEXT

Katie Krueger response Monday, May 02, 2011 8:49 AM

Katie Krueger, staff attorney and policy analyst Quileute Natural Resources

Monday, May 02, 2011 8:49 AM

Subject: RE: County Shoreline Advisory Committee

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—– Original Message —–

From: Katie Krueger

To: MEMBERS OF THE SHORELINE AVISORY COMMITTEE  ‘pearl hewett’ ; ; ‘Lear, Cathy’ ‘Gray, Steve’ ; ; jeff.stewart jkramer.consulting@gmail.com ; mclancy‘Merrill, Hannah’ ;

Sent: Monday, May 02, 2011 8:49 AM

Subject: RE: County Shoreline Advisory Committee

I just came back from a state bar meeting on Environmental Law in which two hours were dedicated to Shoreline Management Plan updates. It appears they can be litigious.   I am wondering what legal umbrella of protection Clallam County provides to its Advisory Committee. Is there any indemnification?   What if a measure passes by majority (51%) but I happen to be against its approval?  Am I drawn into the position of advocating it by being on the committee?  I missed the formative meeting on April 11 because I was out of state.  Was this discussed?

I joined as a volunteer after getting the initiation and was honored to be able to provide this service to the county, but had every intention of rescuing myself from votes on properties outside Quileute concern and outside my area of knowledge. This, it appears, will be “no defense.”   I and Quileute would still be “involved” in decisions, as reps on the Committee.

If I withdraw (and I can still represent Quileute with comments about our area or larger policy after withdrawal), this would seem to remove me and the Tribe from liability for Advisory Committee votes at large, but I miss out on being a part of this wonderful process.   So before I do, I would like to hear some answers to the questions raised, above.

Katie Krueger, staff attorney and policy analyst

Quileute Natural Resources

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FULL TEXT Steve Grays Response Sent: Monday, May 02, 2011 6:16 PM

SENT AFTER RECEIVING Katie Krueger response Monday, May 02, 2011 8:49 AM

Subject: RE: County Shoreline Advisory Committee

—– Original Message —–

From: Gray, Steve

To: MEMBERS OF THE SHORELINE ADVISORY COMMITTEE; pearl hewett ; katie.n; Lear, Cathy ;;  jeff.stewart ; jkramer;mclancy Merrill, Hannah ;

Sent: Monday, May 02, 2011 6:16 PM

Subject: RE: County Shoreline Advisory Committee

All,

The meeting summary will be emailed to Committee members and put on the web site by this Wednesday.  We are also working with the consultants to identify a date in July for the next Committee meeting.  July was the next targeted date for a Committee meeting because the Draft Inventory and Characterization Report will be completed and available for public review.

In response to the  emails from members of the Committee, please note that the Shoreline Advisory Committee you are on is not responsible for holding the formal public hearings noted in Chapter 6 of existing Shoreline Master Program (SMP).  That will be the responsibility of the Clallam County Planning Commission as directed by the Board of Commissioners in the adopted public participation plan for the shoreline master program update.   I know it is somewhat confusing since Chapter 6 of the current Shoreline Master Program refers to a Shoreline Advisory Committee, which is the same name applied to the current Committee.  The current Shoreline Advisory Committee that was formed by invitation by the Department of Community Development is an important work group to provide input  to the Planning Commission and Board of Clallam County Commissioners on tough issues as this process moves forward.

Based on questions received, I realize the role of the Committee and desired outcomes (e.g., formulating shared and different perspectives) needs further group discussion.  I will attempt to clarify the Committee role and the process further and get you that information in advanced of the next-meeting.  We will also add this issue as an agenda item at the July meeting to answer any remaining questions.

Sincerely,

Steve Gray

Steve Gray, Planning Manager
Clallam County Dept. of Community Development
223 East Fourth Street, Suite 5
Port Angeles, WA 98362-3015
Phone: (360)417-2520; Fax: (360)417-2443
sgray@co.clallam.wa.us

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AFTER THE SHORELINE ADVISORY COMMITTEE HAD BEEN CHANGED AND EXPLAINED,

TO THE SO CALLED SHORELINE ADVISORY COMMITTEE AND  STEVE GRAY CLARIFIED THAT THE  RESPONSIBILITY OF THE CLALLAM COUNTY SHORELINE ADVISORY COMMITTEE WAS NULL AND VOID

AND REFERRED TO AN IMPORTANT WORK GROUP  FOR THE PLANNING DEPT BY STEVE GRAY.

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WE RECEIVED A SPECIAL EMAIL FROM STEVE GRAY, WITH OUR NEW NAME

THE SHORELINE COMMITTEE MEMBERS,

—– Original Message —–

From: Merrill, Hannah

To: zSMPC

Sent: Friday, May 13, 2011 12:10 PM

Subject: SMP Committee Meeting Poll & More

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Shoreline Committee Members,

Committee Comments Between Meetings

There is interest among Committee members to provide a forum to share and respond to comments between meetings.  At the same time, we want to respect everyone’s time and privacy in regards to email traffic.  To achieve both goals, and to allow the County to ensure all comments related to Committee business is part of the public record and accessible to everyone, we have set up and dedicated an email address for Shoreline Committee members to use to submit and share comments.  County staff will regularly check comments sent to this address and strive to post comments at least once a week on the Shoreline Committee Web Page already accessible from the County’s Shoreline Master Program Internet Site.

The email address designated solely for the Shoreline Committee is:  SMPC@co.clallam.wa.usStarting May 20, 2011  (WITH CENSORSHIP) RELEVANT committee comments will be posted on the public Committee webpage:  http://www.clallam.net/RealEstate/html/adv-comm.htm.

Regards,

Steve Gray, Planning Manager
Clallam County Dept. of Community Development
223 East Fourth Street, Suite 5
Port Angeles, WA 98362-3015
Phone: (360)417-2520; Fax: (360)417-2443
sgray@co.clallam.wa.us

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As with Katie, I joined as a volunteer after getting the invitation and I was honored to be able to provide this service to the county.

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