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HomeMy WebLinkAboutLog196 ~I~ (Q CD t- ~ I' A 12 " Wednesday, June 30, 2004 Ludlow development is. being challenged rc o G) By Barney Burke Leader Staff Writer -I , 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