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A 12 " Wednesday, June 30, 2004
Ludlow development
is. being challenged
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By Barney Burke
Leader Staff Writer
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m Looming large in the cloud of
~ debate over developer Port
Ludlow Associates"(pLA) plans
for Ludlow Bay VIllage is the
expiration of a Shoreline
Management Act permit for the
site on May 11, 1998.
The fact that the county has
issued building permits for the
project years after that expiration
has fueled residents'concerns
about the county's ability to re~-
ulate development. .
The expired pennit was dis-
covered in April 2004 by Bert
Loomis, a Port Ludlow resident
and developer. Loomis said this
week that he has hired land use
attorney Mickey Gendler of
Seattle, who has previously repre-
sented local groups such as the
Hood Canal Coalition and People
for a Liveable Community, which
have contested land use decisions.
Loomis declined to explain
why he hired Gendler, saying that
he wants the county to "look. at
applications, understand the law,
and unifonnly enforce the law."
Several residents said they
were upset to learn that PLA
recently submitted plans to build
six condominiums in an area that
was platted for four lots. The
county denied that application,
confirmed AI Scalf, community
development director. But oppo~
nents contend that the platted
lots, which extend into the
lagoon, should have never been
approved under shoreline rules
and shouldn't be developed now
that the pennit has expired.
Presently, the county is
reviewing an application by PLA
to increase the density of
Ludlow' Bay Village by 31
dwellings and develop another
36 units on an iuljacent property.
Adding a new voice to the
debate is yakittla attorney Les
Powers, who last year purchased
one of the townhomes PLA built.
Powers has questioned the county
extensively regarding its review.
His concern with the revised
plans is safety, he said, suggesting
that the narrow roadways near the
resort inn create problems.
The issue is themain topic on
the Port Ludlow Village Council
agenda for 9 a.m. Thursday, July
1 at the Beach Club.
Council President Carol
Saber said there are two issues
that have community members
upset: the merits of the develop-
ment and county's perfonnance.
"Trying to get the department of
community development to fol-
low the law is absolute mad-
ness," said the retired judge.
County Commissioner Glen
Huntingford said, "The county
has some of the burden to
straighten some of this out." But
any suggestions that staff was
somehow in collusion with the
developer is "a bunch of
baloney," Huntingford said.
This week, Huntingford
added, the county hired a consul-
tant . to evaluate the department. .
Next week, he hopes to have new
Administrator John Fischbach
take a fresh look. "He's known
for making people accountable,"
Huntingford said of Fischbach.
Regarding the development
itself, Saber said that PLA's
plans will bring "absolutely
impacted density," adding,
"There won't be much of a resort
left." She wrote an article in the
July issue of the Port Ludlow
Voice raising questions about the
proposed development.
Although there have been
rumors that PLA President and
CEO Greg McCarry threatened
to withdraw financial support of
the Voice if it published Saber's
article, both McCarry and Voice
editor Barbara Wagner Jauregg
say that's not true.
However, McCarry said it
was ''unfair'' to print an article
critical of the project without
allowing him to respond to those
concerns in the same issue.'
Wagner J auregg said that
McCarry was out of town when
she tried to contact him about it,
lftld stresses that Saber checked
her facts carefully.
McCarry also takes issue with
Saber writing an article after the
village council voted to not take a
stand on the issue. Saber said that
she was not trying to speak on
behalf of the council, but .she
noted that the council took no
action at its May 24 meeting. The
council didn't vote to not take a
stand, she argued.
Regarding the shoreline per-
mit, McCarry said that PLA's
plans would require a shoreline
permit whether or not the. previ-
ous permit had expired.PLA is
getting ready to submit a new
shoreline permit soon, he said.
Port Tow;
Shine: Commis~
Continued from Page A 1
Dan Baskins, FHM project
manager,.said the proposal of a
smaller MRL is typical of com-
munities that misunderstand
what an MRL is, as opposed to
a mining permit.
"I don't believe Mr.
Huntingford is on the right
track" with proposing a smaller
MRL, said Baskins. "The law is
real clear."
Baskins said he is confi-
dent in the decision by the
Western Washington Growth
Management Hearings Board,
which ordered the county to re-
hear the matter.
"It is our thought that the
commissioners will uphold the
law," Baskins said. "This is not
a tough decision, and a lot of
these issues being rehashed are
moot."
For FHM there were definite dl
benefits to the MRL process, 8.1
Baskins said. pJ
"The nice thing about the
MRL is that it has allowed us to tc
hear community concerns," iJl
Baskins said. fi
The community concerns pi
have become an integral part of st
preparing an environmental el
impact statement for the pro- si
posed pit-to-pier project. a<
FHM proposes to build a oj
four-mile conveyor to haul
gravel to a 9oo-foot pier in es
Hood Canal. Ships and barges c<
would then be used, along with SB
trucks.
John Fabian of the Hood 01
Canal Coalition said that group is
has discussed the proposal by SB
Huntingford for a smaller 10
MRL. si,
"Our objective is to shut si,
Hudson: Cooperatio
Continued from Page A 1
anxiety level of the port, which
perceives those initiatives as
interfering with the port's
obligations to achieve its public
PUrposes as a government enti-
ty."
RRM . also said in its report
that "peace and trust are to be
given a chance to break out at
Point Hudson," and "it does not
appear that this will happen
anytime soon."
Conrad Pirner, port commis-
sioner, said trust has to go both
ways and that the city does not
understand the port's responsi-
bilities.
RRM outlined two options
to help restore relations
between the two entities, one
being the continuance of busi- Pi
ness as usual, which RRM said re
would "likely lead to an T<
increase in anxiety." The sec-
ond option is to consider the M
fonnation of a joint committee. all
RRM said that this would "fos- g<
ter mutual understanding and et
could eventually lead to the
development of trust." ev
Pirner said a joint committee M
would not work well because of m
the entities' different roles.
RRM also suggested that for fll'
long-tenn stewardship the city wi
and port consider the fonnation de
of a joint powers agreement to us
oversee and manage the revital- rei
ization of Point Hudson. of
"We represent all of the rel
folks in Jefferson County," bi]
Verser: Dealing with defense, prosec
Continued from Page A 1
His old boss, Terry Mulligan,
can't either. "He never had any
kind of complaints," said
Mulligan, director of the Clallam
Jefferson Public Defender's
Office, where Verser worked for
more than 15 years.
"As a public defender, he's
one in a million," Mulligan $aid.
"There's no one more competent
or talented than Crad."
Records from that office are
exempt from public disclosure
review, but Mulligan said Verser
"never" had a negative review at
the agency and it was a disap-
pointment when he left for pri-
vate practice.
Verser has handled an esti-
mated 260 jury trials, including
60 felony trials. His only
announced election opponent,
attorney Joan Best;acknowl-
edges that she hasn't done any
felony jury trials but notes that
she has other experience applic-
able to being a judge.
Other candidates may step
forward before the July 26-30 fil-
ing period, with a Sept. 14 vote..
Several of Verser's cases are
denoted on West1aw publishing's
website as among the most oft-
cited cases in Washington. He has
argued 20 cases at the
Washington Court of Appeals and
two cases before the Washington
Supreme Court, winning one.
Asked about the one he lost,
State v. Stewart, Verser didn't
miss a beat. He didn't win. he
Judge Craddock Davis Verser Is the third person to hold the title of Superior Court judge In the his-
tory of Jefferson' County. He was appointed by Gov. Gary Locke on Feb. 27 to replace the late Judge
Thomas'J. Majhan. Photo by Barney Burke
People's Law School for a cou-
ple of years prior to the election
of District Court Judge Mark
Huth. He said he was also a
coach for Mock Trial before
Huth and Majhan ran that pro-
gram. Verser taught do-jt-your-
self divorce classes for the
Volunteer Lawyer Program until
funding for that effort ended
about a year ago, he said. "Crad
was very generous with his
time," said Peggy Thompson of
the Domestic Violence Sexual
Assault Program.
In 2003, Verser and his law
partner sponsored the Braves, a
Port Town$end youth football
team. An avid golfer, he said he
has helped sponsor junior golf.
Port of Port Townsend
Verser was the contracted
part-time counsel for the Port of
Port Townsend from 1990 to
1998.
In April 1987, the port direct-
ed a contractor . to connect a
stonn drain across property
owned by Ruth Short, which the
port had been trying to acquire
for the heavy haulout project.
The family was outraged that the
port would disturb their private
property without permission or
compensation.
In an interview in 1987 and
again this year, Verser took
responsibility for that decision,
noting that infrastructure con-
struction delays would have
suddenly, leaving unpaid about
80 workers and contractors. The
never-completed vessel, which
had failed U.S. Coast Guard
weld tests, was cut up for scrap.
"The port didn't like it,"
Verser recalled of his taking' on
Johnston as a client. Beyond that,
he noted, his private practice was
growing and it made sense to free
up time for other clients. "It was
a mutual thing," is how he
summed up his departure.
Port Commissioner Herb
Beck said last month that Verser
was not fired. The port district
was getting involved in compli-
cated lease negotiations, "which
wasn't Verser's favorite thing to
do," Beck said. Beck added that
would be easier for him to get a sup
ride to it from Port To~end in gov
the morning. Bierbaum said she Ina
was going to drive but was hav- ters
ing contact lens problems. tha1
After the trooper conducted a und
field sobriety test on Verser, he ev8.J
was taken to Port Hadlock and trial
booked . into the Jefferson "the
County Jail. Bierbaum posted thel
$500 bail Feb. 3. to s
Jefferson County District is d
Court Judge Mark Huth recused i
himself from the case, and the COt
matter was referred to Kitsap fere
County. 176
As is often the case with first- Loc
time offenders where there are pie<
no . injuries or property damage, or I
Verser accepted a pre-trial diver- sin~
sion agreement. The violation is drin
to be reduced to negligent dri- ceh
ving in the first degree if he has the
no further violations in the sub-
sequent 24 months. He was son
required to attend a victim. adv
impact panel and an alcohol edu-
cation class. law
There is no evidence of any ing
other drinking-related violations "I',
involving Verser. mis
Verser isn't the only Jefferson I've
County judge with a DUI. Ver
District Court Judge Mark Huth star
speaks openly about the fact that
he was arrested for DUI when he Cia
was 19 years old. Dei
Huth said that the DUI was not fon
the reason that he endorsed fonner "TI
candidate Karen. Gates Hildt wid
instead of Verser.. Huth said he
simply felt that Hildt was better Bel