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HomeMy WebLinkAboutBert Loomis mailiing re: Abandoned Trail Nine Golf Course - 070224 See Clerk For Original Copy RECEWED Bert Loomis JUL 0 '3 2024 235 Edgewood Drive Port Ludlow, WA 98365 JEFFERSON COUNTY (360) 437-0901 COMMISSIONERS bertl;u cablespeed.com June 20, 2024 Board of County Commissioners Via Registered mail P.O. Box 1220 Port Townsend, WA 98368 RE: Abandoned Trail Nine Golf Course / Development Agreement Violations Commissioners: The purpose of this letter is to address the abandoned Trail Nine course and its impact on Edgewood Village homes. I have reached out repeatedly to the County Commissioners, County Attorney, County Administrator and DCD. The County has never required PLA to comply Jefferson County Code Section: (15.05.020 e) on the Abandoned Trail Nine Golf Course "The fire ire marshal shall enforce regulations and conduct activities related to fire prevention and fire safety within unincorporated Jefferson County. " The Fire Marshall has never required PLA to comply Jefferson County Code Section: (15.05.020 f) "The fire marshal shall conduct all necessary enforcement action and proceedings under Title 19 of the Jefferson county code to enforce the International Fire Code as adopted by Chapter 15. 05 JCC. " Jefferson County and PLA have failed to comply with Section 3.906 Major Revisions as required by the terms of Port Ludlow Development Agreement between Jefferson County and PLA. [10/4/99]. Port Ludlow neighbors were deprived of the right to appear before the hearing examiner, to challenge the impact of the abandonment on the value of our property. "Major Revisions shall be processed as a hearing examiner decision (Type B), with a required 1 public hearing prior to the decision. Public notice of the application, and appeal opportunities shall be provided to all persons on the Port Ludlow MPR Roster" The County's failure to address the abandoned Trail Nine issue fits into a long and unfortunate pattern of placing the interests of PLA ahead of that of the community. In the process it fails to discharge its legal obligations with respect to overseeing the development. This pandering by the County to PLA must stop. I am requesting the County require PLA to fully comply with Section 3.906 Major Revisions Section regarding the Trail Nine abandonment issue as required by the terms of the Development Agreement. It is time for Jefferson County to enforce the zoninx laws and requirements of the Development Agreement as well as Code Sections: (15.05.020 e) and(15.05.020 1) for the benefit of the Port Ludlow residents, property owners and tax payers. Note: I found the response from Jefferson County Fire Marshal [Phil Cecere] very telling "Bottom line we have advisory guidelines, but no hard code sections to cite and no ongoing violations of code that 1 can support. I see no legal way that any dereliction of duty or misapplication of code has occurred." PLA could voluntarily alter the verbal agreement and increase the maintenance of defensible space beyond the 12-14' including cart path. A 30'fire break could be an acceptable and reasonable accommodation," "This would take an agreement between PLA and the Loomis'H©A associations and would not have a county sponsored component or requirement." A comment from Chief Deputy State Fire Marshal Mary C. Valladares Prevention Division states: "The concerns you bring forward about the Port LudloOw Trail Nine Golf Course may be directed to the Jefferson County Department of Community Development." A comment from Jennifer R. Hernandez, Assistant Attorney General states: "Counties and Cities typically have jurisdiction to enforce code violations. The Jefferson County Department of Community Development likely would be able to inform you as to who has the jurisdiction to enforce any code violations at the Port Ludlow Trail Nine Golf Course." 2 Jefferson County needs to explain the "verbal agreement" and who should enforce it. Also, they should address, and mitigate, the fire hazard they created by allowing the Development Agreement process to be violated. This is depriving the Port Ludlow community the opportunity to participate in that decision, as required by the terms of the agreement. There have been several concerns I have presented in this letter. I look forward to your response. Sincerely, exicir6\ Bert Loomis Enclosures C. Michael Brown GTTC Hernandez, Assistant Attorney General Valladares, Chief Deputy State Fire Marshal Gannie, Assistant State Fire Marshal Washington State Ass. of Fire Marshals Morris Johnson, Research Fire Ecologist, PNRS Derek Bryan, Washington Counties Risk Pool Jennifer Coe, DNR Troy Crosby, PLA Mark McCauley, County Administrator Josh Peters, Director CDC Mike Hass [Jeffco retired prosecuting attorney] kelvin Thompson [Forrest Service wildfire expert] PLVC SBCA LMC 3