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HomeMy WebLinkAbout011325 email - Fwd_ ))) Port Ludlow logging dispute settled _ Port Townsend LeaderALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. To everyone on the board (Heidi, Greg and Heather), Thank you for your time this morning, though it was brief (since we were not on the agenda). Here is some background on the Port Ludlow Timber Agreeement and what is at stake. For those unfamiliar with this agreement between the county and the Port Ludlow Authority (PLA), this article in the PT Leader from December of 2016 summarizes things nicely. https://www.ptleader.com/stories/port-ludlow-logging-dispute-settled,16636 <https://www.ptleader.com/stories/port-ludlow-logging-dispute-settled,16636> Focusing on just the main points (then and now): <https://www.ptleader.com/uploads/original/20181128-073723-eca6e465ec8fdb476227f7159bb66922.jpg> Landowner Port Ludlow Associates logged within the Port Ludlow Master Planned Resort, including this section of open space reserve about 50 feet from a residential neighborhood. Jefferson County stopped the logging operations in April 2015. A negotiated settlement process followed, which culminated Dec. 19, 2016. In a press release PLA stated: "PLA conceded in the settlement agreement that the organization will end commercial forestry in the Master Planned Resort Community (MPR) of Port Ludlow in exchange for rights to cut trees for land development and property management purposes." Leader 2015 file photo by Patrick J. Sullivan EIGHT YEARS AGO, QUOTING THE ARTICLE Jefferson County and Port Ludlow Associates (PLA) have signed a settlement agreement that the county said protects “open space reserve” land and details protocols for timber harvesting on other property within the master planned resort (MPR). County commissioners unanimously approved the settlement Monday, Dec. 19. Diana Smeland, PLA’s president, also signed the agreement, thus ending a year-and-a-half conflict between the county and the developer over timber harvesting done by PLA in 2015 that at the time, the county said was illegal and that PLA said it had a right to do. In exchange for the agreement, in addition to the two parties not suing each other, the county withdrew its May 7, 2015 letter in which former county Department of Community Development Director Carl Smith told PLA to stop timber harvesting because it was “in violation of the county code.” Smith also had told PLA to make amends to South Bay residents and those living near the Oak Bay timber harvest. There are no monetary fines outlined in the settlement agreement. “The County acknowledges that it is unaware of any evidence that PLA acted in bad faith, unethically, or unreasonably in connection with the Timber Harvests; the County recognizes that PLA was open and transparent in its actions; and the County acknowledges that PLA believed its actions were consistent with the Development Agreement, MPR code, and other applicable laws, orders, ordinances and regulations,” the settlement reads. Randy Verrue, PLA owner, had said in public in September that he believed PLA did not do anything wrong. “It is great to see that the County has recognized that PLA did nothing wrong in our prior tree-cutting activities and is withdrawing their letter of May 7,” Verrue wrote in an email comment to The Leader. “While we have no plans to continue our tree-cutting activities in the open space areas, the agreement spells out the procedures that we must follow if we plan on tree-cutting activities in the future,” he said. “The permits that we secured from DNR requires us to mitigate the sites that were logged which we have completed or will complete in the future,” Verrue wrote. In a press release issued Dec. 19, PLA stated: “PLA conceded in the settlement agreement that the organization will end commercial forestry in the Master Planned Resort Community (MPR) of Port Ludlow in exchange for rights to cut trees for land development and property management purposes.” PLA urged people to read the settlement and contact the county commissioners with questions. … [County Commissioner David Sullivan] also noted that the development agreement between PLA as part of the master planned resort and Jefferson County ends in eight years. That MPR agreement was the first of its kind in Washington state. Once that development agreement ends, Sullivan said, “It will mean [the development agreement is] no longer in place, so all of Port Ludlow will be governed under the [county] unified development code like everybody else,” Sullivan said. The property owners and respective homeowner associations within Port Ludlow would need to decide what to do when that agreement ends, the commissioner noted. “I could see them making agreements built on this settlement agreement,” Sullivan said of the homeowners’ associations. “I think this clarifies the basic assumptions” about timber harvesting, but there are still other issues to iron out. … Dave McDearmid of the Ludlow Maintenance Commission, which represents property owners in the North Bay area, presented a statement Dec. 19 at the county commission meeting after the board came out of executive session on the issue, and before the board voted on the agreement. McDearmid, Bill Dean of the Port Ludlow Village Council and Dave Jurca of the South Bay Community Association had been assigned by their respective associations to bird-dog the controversy and communicate with PLA about how the community felt about the timber harvesting. … They also acknowledge that the agreement does address “the overarching concern that there be appropriate restrictions on future timber harvesting within the MPR.” GOING FORWARD, WHERE ARE WE NOW? So here we are eight years later and no plans have been laid for “appropriate restrictions on future timber harvesting within the MPR.” What happens if the agreement lapses and, in future, PLA wants to log? The MPR is still the MPR and could be interpreted either way again, either allowing PLA to log as they did in 2015 (see the photo from the Leader) or considering it illegal, as the county did at that time. PLA says they have no immediate plans to log, but because they still feel they have that legal right (and felt exonerated by the agreement), that is not all that reassuring. The Port Ludlow MPR still says “The MPR-OSR zone preserves in perpetuity and enhances the natural amenities around Ludlow Bay, the Twin Islands and other natural areas within the MPR. Uses within the open space reserve shall be low impact and serve to promote or enhance the aesthetic qualities of the Master Planned Resort. No residential or commercial development shall be permitted in the MPR-OSR zone. [Ord. 8-99 § 3.701]” But would the county step in to disallow the kind of clear cutting they practiced in 2015 (see the photo again)? Or, with different people in charge, would they either agree with the PLA or simply refuse to act at all? Renewing the Timber Agreement is on the table (PLA will renew the Timber Agreement if the Development Agreement—with a minor amendment—is part of the package). But now the county is reluctant. Perhaps renewing the Development Agreement (specific to PL) is an expense they no longer want to bear. All of which leaves Port Ludlow residents feeling vulnerable. The words of the MPR suggest no clear cutting to me, especially when preservation and sustainable forestry are both lower impact options, but who is listening to me, or to any of us? Certainly people here must have felt much the same way the first time too, till their protests against the actual logging gained traction. Perhaps it all should have just gone to court then. Justice is expensive (a renewal of the agreement costs least something, and a lawsuit, if the agreement lapses and things go wrong, costs potentially much more), but injustice (ignoring the situation) can be very expensive too. And can set an unwelcome precedent. 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