Thursday, September 07, 2006

PT Council debates I-933 forum

The following article appeared in the September 7, 2006 Jefferson County edition of the Peninsula Daily News.



PT Council debates I-933 forum

By Jeff Chew
Peninsula Daily News


PORT TOWNSEND — City leaders were setting up a "bully pulpit" by even suggesting that the city sponsor a public forum on the Property Fairness Act, a city councilman argued.

"The place for debate is the ballot box," Geoff Masci told Council members during a lively Council debate late Tuesday night on setting up a public forum on Initiative I-933.

The initiative — which would require government to pay compensation for regulations that devalue private property — goes to voters Nov. 7.

It requires compensation if any portion of private property is required to be left in a natural state, such as a buffer requirement in a plat, Watts said.

Debate about forum

Tuesday night's Council discussion was punctuated by comments from I-933 supporters in Jefferson County, including Chimacum farmer Roger Short, real estate agent Richard Hild and Jim Hagen, Jefferson County Republican Party vice chairman.

Hild said Masci's remarks were "right on the mark."

"Government has the ability to pass rules and more rules . . . without ever informing the public affected by those rules," said Hild.

Supporters remarks were countered by Port Townsend environmental activist Nancy Dorgan, who said she supported getting the message out to voters.

"This is the most extreme threat to our environment the state has ever faced," Dorgan said.

Masci made his remarks after City Attorney John Watts gave an overview of the initiative, calling it "ambiguous in many areas."

Masci said Watts cited information from the Association of Washington Cities, which has a "vested interest" in the issue as a lobbyist group for municipalities statewide.

Councilman Frank Benskin said he also saw Watts' presentation as one-sided.

Watts said the Council's options could include conducting a public hearing or forum, or even adopting a resolution on where the body stands on the matter.

Both Mayor Mark Welch and Councilwoman Michelle Sandoval said they merely wanted a hearing or forum to help educate and engage voters.

"I asked John (Watts) to provide us information on how to hold a public meeting," Sandoval told Masci, explaining part of the reason the initiative was again brought before the Council after initial discussion in August.

Hagen, however, contended that if education was the aim, then Watts should have mentioned the benefits of I-933.

"There are increasing gaps between government and people," said Hagen.

Short, who last spring rallied county farmers to park their tractors in front of the Jefferson County courthouse against proposed county critical areas proposals, said monetary compensation is not the only option under I-933.

"It can be a mitigation or a waiver," said Short.  "I feel I-933 is a very middle-of-the-road type initiative."

Councilwoman Catherine Robinson said she believed a forum sponsored by the League of Women Voters of Jefferson County would be more appropriate.

"I'd really like to see a forum on this but I don't think the city should hold such a forum," said Robinson.

Councilwoman Laurie Medlicott agreed that she did not see such a forum within the city responsibilities.

Indeed, the Jefferson County League of Women Voters is scheduling an I-933 forum on Sept. 27.

Councilman Scott Walker said he saw a forum as an opportunity for the Council to take a stand on the issue.

"(The initiative) says that cities don't have a right to regulate for the common good," said Walker.

Watts cited information form the Association of Washington Cities, which estimates statewide expenses for compensation and other related costs at between $3.5 billion and $4 billion.

He said the initiative's definition of "damaging use or value" of private property is "extremely broad."

"In conclusion, I-933 is ambiguous in many areas, such as the scope of the laws covered, what laws are exempt, and the scope of a city's waiver authority," Watts stated in his memo to the Council.

"From those who have studied the initiative, it is difficult to to know the impact of what is being voted on.

"What appears certain is that there will be significant costs to jurisdictions to respond to I-933 and that the courts will be involved in determining when government should compensate property owners, and to what extent."

Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or jeff.chew@peninsuladailynews.com.

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