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02/20/2018 MINUTES 4 <br /> <br />COMMISSIONER O’BRIEN move to affirm the CDS Directors decision. <br /> <br />Motion died for a lack of a second. <br /> <br />COMMISSIONER JEWELL explained his decision making process and noted <br />it was not an easy process. He stated it came down to a fundamental <br />question “did the County have an obligation to act on the plat <br />within 30 days as stated in RCW regardless of what is submitted”. If <br />so, it’s clear the County failed to do so. COMMISSIONER JEWELL <br />further reviewed RCW’s and case law that support his <br />decision/recommendation to remand it back to CDS for processing & <br />uphold the Appeal. COMMISSIONER O’BRIEN stated that he would be <br />voting against Commissioner Jewell’s recommendation. He stated that <br />he felt CDS did their due-diligence throughout the process. CHAIRMAN <br />OSIADACZ explained that it was evident in her review that the <br />applicant was working in good faith with CDS. <br /> <br />COMMISSIONER JEWELL moved to uphold the Appeal and relief be granted <br />to the applicant and remand the Plat back to CDS for processing <br />under KCC 16 and within the timelines outlined in RCW 58.17.140. <br />CHAIRMAN OSIADACZ seconded. Motion carried 2-1 (O’Brien opposed). <br /> <br />COMMISISONER JEWELL moved to direct Staff to prepare enabling <br />documents memorializing the decision and creating the appropriate <br />Findings of Fact with legal basis for the Boards consideration at <br />the next Agenda Session. COMMISSIONER O’BRIEN seconded. Motion <br />carried 3-0. <br /> <br />The meeting was adjourned at 3:28 p.m. <br /> <br /> <br />KITTITAS COUNTY COMMISSIONERS <br />DEPUTY CLERK OF THE BOARD KITTITAS COUNTY, WASHINGTON <br /> <br /> <br /> <br />Mandy Buchholz Laura Osiadacz, Chairman <br />