05/24/2005: "Appeal On LaFarge To County Hearing Examiner"

Appeal Related to Shaw Firing

County Gravel Offloaded Onto LaFarge Beach Day After Shaw Fired
No sooner had the BOCC fired Deputy Planning Director Shaw, and appointed a new interim Director brought in from Public Works, then an appeal to the County Hearing Examiner was filed by the GBPC (Griffin Bay Preservation Committee) charging there may have been a direct connection between the County Commissioner's firing of Deputy Director Shaw, and the BOCC's desire to purchase the former gravel pit and the beach created by LaFarge in Griffin Bay.

The appeal is interesting, and a bit unusual, in that it has to do with what GBPC believes may, or already has, happened, as a direct result of the firing of Shaw. The appeal is related to the pending purchase of the LaFarge beach and the former gravel pit behind it, and the concern by GBPC is that there may be a connection between the firing of Shaw and the simultaneous offloading of gravel onto LaFarge beach. An action that may signal that the County has somehow been able to have the appropriate form(s) signed by the appropriate official that would allow the sale of the property to go forward; a form that Shaw would not sign. (see former story: SHAW FIRED) The appeal clearly states the concern that: " the County Deputy Planning Director was fired yesterday (5-18-05) for refusing to illegally issue such approvals and the County has now purported to grant them without notice to the public or opportunity for comment. Such actions violate the UDC and other applicable law and further violate the directions of the Hearing Examiner"

The use of the beach for the offloading of gravel has not been allowed due to lack of permits and concerns such use is not allowed under the Comprehensive Plan and the Unified Development Code. The matter is further confused by the failure of the County to take any enforcement action at the property. The County has taken the position that it has a conflict of interest in enforcing it's own code, given that they are under contact to purchase the property.

While the Griffin Bay group strongly disagrees with the County on this position, they are concerned that a valid conflict of interest does exist in the County Prosecutor's office coming to the defense of the appeal, and asks that the "Office be disqualified from representing the County or advising the Department in this appeal because, inter alia, members of the County Prosecuting Attorney's Department will be called as witnesses in this appeal and because the County prosecutor has previously acknowledged that it has a conflict of interest in this matter."

As of yesterday, the County had not responded to complaints about the recent offloading of material by the County onto the beach, and had not assigned the appeal to any of the staff at the CD&P (Community Development & Planning).