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Michelle Farfan
From: AI Scalf
Sent: Tuesday, November 29, 2005 4:35 PM
To: 'Powers & Therrien'; Michelle Farfan
Cc: Elizabeth Van Zonneveld; Bruce Schmitz; Gregg & Pat Jordshaugen; LewisHale@aol.com; Dwayne Wilcox
Subject: RE: Hearing on Major Revision
Les
See responses within your letter.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Monday, November 28,20056:15 PM
To: AI Scalf; Michelle Farfan
Cc: Elizabeth Van Zonneveld; Bruce Schmitz; Gregg & Pat Jordshaugen; LewisHale@aol.com; Dwayne Wilcox
Subject: Re: Hearing on Major Revision
AI:
I appreciate the prompt response. I must respectfully dissent the conclusions implicit therein. I have spoken with
members of the delegations that met with you from the community. It was not their understanding that the issues
of location and time for the open record hearing were the purpose of the meetings although mention of the tentative
time may have been mentioned by you. I am more concerned with the absence of notice to the various interested
parties who provided written comment to DCD about the major revision.[AI Scalf] formal notice will come later You
admit that you set the meeting after consultation with and in response to the proponent.[AI Scalf] yes, I met with
PLA on November 23, they want the hearing ASAP Why were the remaining interested parties not consulted.[AI
Scalf] it would not be practical to call everyone They, with other members of the Ludlow Bay community, will
suffer the consequences of the decisions resulting from the hearing. It is not DCD, the proponent, or even the
hearing examiner that will reside at Ludlow Bay in the future. Rather it is the residents, the persons who were not
consulted that ill be. At least those that were interested enough to respond should have been consulted about the
new hearing date and location if the proponent was consulted. I understand that the proponent objected to DC D's
decision without prior notice to delay the hearing. For at least as pertinent a reason, in my view more so, namely to
assure that the critical issues underlying the proposed major revision be thoroughly vetted with the community, I
urge that the setting of the hearing should take into consideration the participation of the community.[AI Scalf] I
understand this In connection therewith, I wish to draw attention to the voluminous response from the Ludlow Bay
community to SEPA compliance on this same matter. To make the participation of this population segment difficult,
would violate the purpose of the hearings process and the obligation of the public officials to watch after the
interest of the public.
The list of discussees that you provided is without contact information, or, for that matter, complete names. I would
appreciate a complete list to permit me to confer with such persons about the matter of the hearing, its time and
location. [AI Scalf] talking with my staff will only prompt them to ask me, setting the hearing is up to Michelle and
myself, to go beyond this you should contact my boss John Fischbach I also request that you provide me with
copies of correspondence or email exchanges with the proponent or its representatives about the cancellation of
the prior hearing and the setting of the new hearing.[AI Scalf] I'll forward you some of the emails Finally, I ask,
considering the imminent appointment of a new land use planner, whether she should not be involved in this
decision.
I would appreciate a response to this letter.
Les Powers
I ----- Original Message -----
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Page 2 of 4
From: AI Scalf
To: Powers & Therrien; Michelle Farfan
Cc: Elizabeth Van Zonneveld ; Bruce Schmitz; Gregg & Pat Jordshaugen ; LewisHale@aol.com ; Dwayne
Wilcox
Sent: Monday, November 28,20052:12 PM
Subject: RE: Hearing on Major Revision
Les
Scheduling of a land use hearing is part of the Project Planner responsibility along with the Planning Clerk
in cooperation with the Hearing Examiner.
The key word is public. So I agree with you on this matter. That is why most of us do this type of work.
I did talk with PLA after I had cancelled the Dec 6 hearing, they called to complain that I didn't seek there
consultation prior to cancellation. I have talked with Elizabeth, Dwayne, John, Larry and Bruce at other times as
well. As well as Mike Bergstrom and Michelle, Rose Ann, Stacie, John, Allen and Loring.
Irv wants the Fort. I think he likes the setting. Including audio, seating with good views, layout of the room, ability
to take public comment.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Monday, November 28,2005 1:02 PM
To: AI Scalf; Michelle Farfan
Cc: Elizabeth Van Zonneveld; Bruce Schmitz; Gregg & Pat Jordshaugen; LewisHale@aol.com; Dwayne
Wilcox
Subject: Re: Hearing on Major Revision
AI:
You make reference to "impossible" and "everyone's schedule". I have not received any notice of any final
schedule of a hearing or making inquiry whether the hearing is convenient to my schedule. Hence,
"everyone" must exclude me. Who else is excluded? Perhaps the Port Ludlow community? Did
scheduling involve the proponent? If so, who was contacted? If so, is the proponent more important than
the Ludlow Bay community? I think you need to consider whose convenience is important, the public who
is to be served by "public servants", the "public servants" themselves, or the proponent.
Please give me a list of persons with telephone numbers and email addresses of each person whose
schedule is adversely affected. I will undertake to correspond with each. Please understand, the purpose
of the hearing is to involve public input. You appear to consider one or more unidentified persons'
schedules more important than facilitating public input.
I would appreciate clarification on this matter.
Les Powers
m__ Original Message -----
From: AI Scalf
To: Powers & Therrien; Michelle Farfan
Cc: Elizabeth Van Zonneveld ; Bruce Schmitz; Gregg & Pat Jordshaugen ; LewisHale@aol.com ;
Dwayne Wilcox
Sent: Monday, November 28, 2005 10:23 AM
Subject: RE: Hearing on Major Revision
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Les
It's impossible and won't work out trying to accomodate, or make exceptions for everyones's schedule.
I reviewed the options with IN, as we had a three day hearing at the Fort a couple of week's ago. He
wants the Fort.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Monday, November 28,20059:54 AM
To: AI Scalf
Cc: Powers & Therrien; Elizabeth Van Zonneveld; Bruce Schmitz; Gregg & Pat Jordshaugen;
LewisHale@aol.com; Dwayne Wilcox
Subject: Re: Hearing on Major Revision
AI:
I spoke with Mr. Jordshaugen yesterday. He said that he and Mr. Lewis will not be able to attend
a meeting in January. Because of the importance of their participation, I ask that the meeting be
rescheduled to a time when they are able to participate. Your assistance is appreciated.
As to the remaining issue, I do not believe Mr. Berteig's convenience trumps the needs of the
community that is most affected by the proposed Major Revision. Mr. Berteig lives in Seattle. He
is certainly able to attend a meeting at Port Ludlow as easily, if not more so, than at Fort Warden.
Since the proponent has held meetings, including scoping meetings at Port Ludlow, to discuss the
proposal in prior iterations, I think it is only reasonable that the hearing be held here also. I renew
my request that the meeting be scheduled where the residents and property owners impacted by
the proposal are located.
I appreciate your consideration in these matters.
Les Powers
----- Original Message -----
From: AI Scalf
To: Powers & Therrien; Michelle Farfan
Cc: Elizabeth Van Zonneveld ; Dwayne Wilcox
Sent: Monday, November 28,20059:20 AM
Subject: RE: Hearing on Major Revision
Les
DCD is trying to confirm Jan 17 and 18. The location became difficult as the BOCC courthouse
chambers has a occupancy limit of 28 and the courthouse first floor conference room holds the
same. The Superior courtroom is not available for such long hearings, nor is District court. In
talking with IN he preferred Fort Worden over Port Ludlow. So that is where the hearing will be
held. Notice will be provided once the site and time is confirmed.
AI
11/3012005
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Saturday, November 26, 2005 8:42 AM
To: AI Scalf
Cc: Powers & Therrien; Elizabeth Van Zonneveld; Dwayne Wilcox
~~: tr~iM on Major Revision
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AI:
I was told by another resident at Ludlow Bay that the hearing on the Major Revision has
been rescheduled for, I recall, January 17th, and that the hearing would be held at Fort
Warden. I have not received notice of either. I would appreciate formal notice as an
interested party.
I also wish to suggest that the hearing be moved to one of the convention facilities at
Ludlow Bay to encourage local participation. Our community is composed to a significant
extent of retired persons. It would be much easier for them to attend and participate if
they did not have to drive twenty extra miles each way. Ludlow Bay is the situs of the
matter. It is closer for Mr. Berteig. It has been used by the proponent to hold meetings in
the same issue at which it promoted the project. It seems fair, cost effective, and in
keeping with the purpose of obtaining local involvement in land use decisions to hold the
hearing at Ludlow Bay rather than at Fort Warden. Neither is officially the court house
where the hearing should formally be held.
I would appreciate consideration of this matter.
Les Powers
Powers & Therrien, P.S.
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