Pleasant Harbor opponents ask State AG and Federal Consumer Protection Bureau for investigation into sales activities

Since 2006 a Master Planned Residential Resort (MPR) has been in the planning stage by the Canadian Stateman Group, on what is known as Black Point in southern Jefferson County along the Hood Canal. The MPR, 15 miles south of the Hood Canal Bridge, was proposed as an approximate 256-acre destination resort with golf course. The county granted (against much opposition) a land use designation in 2008, and in 2018 approved new zoning and a “Development Agreement”. Despite the go ahead from the county, the Statesman Group has only recently logged the land and has now been marketing the not yet built development. The Brinnon Group, which was formed in opposition to the proposed development, has now asked the State Attorney General and Federal Consumer Protection Bureau to investigate the sales and marketing efforts.

Black Point aka Pleasant Harbor Master Planned Residential Resort – left and center of Peninsula stretching over to marina on upper right. Logged area for golf course can be seen in mid center. Photo courtesy of The Brinnon Group.

The Brinnon Group points out several points of concern.

The county amended their development agreement with Statesman under court order, due to an appeal by Statesman of the original zoning and agreement. The amendment required each phase of development to “contain adequate infrastructure, open space, recreational facilities, landscaping” and other conditions “to stand alone if no subsequent phases are developed.”

Further, the Development Agreement requires ten features of combined infrastructure and resort/recreational amenities be developed before residential units can be built and sold. However, as of this date, none of these infrastructure/amenities have been constructed; the Brinnon Group state that no permit applications have even been filed for necessary features of Phase 1 of the proposal. No water/sewer district has been formed and no sewer treatment plant or water system has been permitted, constructed or installed. No permits have been filed for construction of the staff quarters. No road system has been constructed and no improvements made to the intersection of Black Point Road and Highway 101, the only entrance to the project.

The ten features the agreement states for Phase 1 “required that substantial resort infrastructure and recreational facilities be constructed as follows:

  • Clearing and construction of the golf course.
  • Construction of the road network.
  • Road improvements at Highway 101 and Black Point Road.
  • Wastewater Treatment Plant.
  • Water Storage Tank and distribution piping.
  • Sanitary Sewer Pump Stations.
  • Begin Implementation of Vegetation Management Plan.
  • Construction of Community/Recreation Center, with 208 short term hotel rooms, spa services, pool, water slides, commercial space and sports courts.
  • Construct residential units with 52 units of staff quarters for those working at the facility.
  • Form a water and sewer district.”
    • Only if these amenities and infrastructure elements are completed can the developer construct and sell approximately 252 units of residential housing.
    • As of this month, according to the Brinnon Group’s letter, none of these infrastructure/amenities have been constructed. (emphasis in original email from Brinnon Group.)
  • Additionally, the planned 208 room hotel, complete with premised water slides, spa services, commercial space and sports courts is not constructed, and no building permit applications have been filed.
  • The only progress on Phase 1 is logging (and timber sale) for golf course fairway areas
  • Construction of any sewer and water facilities requires approval of the State Department of Health (DOH). Though application materials were sent to DOH, they were incomplete, as described in a letter from DOH dated September 22, 2020. A recent inquiry to DOH by the Brinnon Group shows no additional material submitted by Statesman.
  • The Brinnon group points out that despite the issues listed above, the Statesman Group have begun marketing efforts.
    • They have constructed a web site.
    • They have put a 6 minute sales video out.
    • Sent out a mass mailer in the Seattle area.

The Brinnon Group points out that both the website and the “Seattle Signal” mass mailing contain multiple inaccuracies and statements which are not – and will not be – accurate within any reasonable time. The five numbered items in the mailing,  “Vista Lots, Sea View Villas, Terraced Lofts, the Inn by the Sea and the Maritime Village” are all described for purchase or lease real estate interests. There is no indication, according to the Brinnon Group,  that these facilities are permitted or constructed, and the brochure does not explain the ten elements of Phase 1 of the PHMPR that must be constructed before the real estate interests can be sold. There is apparently no opportunity offered for prospective buyers to inspect the property.

Additionally, the marketing mailing states that, “While some are golfing or enjoying REJUV-Health, others benefit from the Recreation Center’s indoor pools, skating and hockey rink, indoor soccer, racquetball and numerous training facilities for league sport, as well as the Family Fun Center,”  

However, this recreation center is not constructed and there are apparently no permit applications with Jefferson County, nor even basic plans for the facility, according to the Brinnon Group letter.

The website claimed that “Our Health Center includes an approved surgical operatory for various endoscopic day procedures such as those related to ear-nose-throat procedures, general surgeries, plastic surgery plus urology & gynecology and minor orthopedic procedures.” The Brinnon Group could find no plans nor permits for construction of such a facility.

The Brinnon Group goes on to state, “Even Phase 1 of the PHMPR involves a very expensive proposal with a multi-year permitting and construction program. However, substantially no progress has been made on moving this project forward in the three years since the Development Agreement was approved, after modifications required by the Superior Court. There is every indication that Statesman lacks the financial wherewithal to complete this venture, much less even initiate it.”

A question also is raised by the Brinnon Group as to whether the Statesman Group has the financial resources needed to build this development. Their concern comes from a 2016 proposal made by the Statesman Group that said, “In order to finance this community resource, Pleasant Harbor Marina & Golf Resort LLP (PHM) will be seeking County and State of Washington support, where the stakeholders would all benefit from the increased attraction in the community.”

The proposal included requesting a $2,000,000 grant from Jefferson County and a $9,250,000 grant from the State of Washington from “the Washington State Utility Trust, a Recreational Community Grant . . .” Statesman further proposed that the State “would sponsor through the Federal Government a Tax Exempt Municipal Improvement Bond for $26.5 million dollars at a loan to PHM.” Given the non-existent financial arrangements proposed, neither the State nor Jefferson County advanced any funds, much less the $37,750,000 requested. Indeed, Statesman asked local governments in British Columbia to provide similar financial support in the amount of about $40 million for the recreational center at its Pine Ridge resort, which unsurprisingly was declined by Canadian officials.

The Brinnon Group concludes in their letter, “Statesman, though creating the PHMPR in name, has made no progress toward the completion of facilities necessary to meet the standards of a Master Planned resort, even the basics of water and sewer services. It appears that Statesman lacks the financial resources even to build the infrastructure and amenities required by its Development Agreement. This however does not deter Statesman from wild promises and misrepresentations concerning its proposal, as found in its promotional materials and advertising, all in an apparent attempt to solicit sales of real estate interests in this proposal. The mismatch between development reality and description provided in the promotional materials is substantial. The partial development of an underfunded and half-finished resort has consequences for the community. In summary, the Brinnon Group requests that there be a full investigation of the public solicitation for the sale of interests in the Pleasant Harbor MPR and appropriate actions taken.”

We will continue to follow this story as it unfolds.

Anti-Resort Group Requests Jefferson County Collect Fees from Pleasant Harbor Proposal Work

The ongoing saga of the development of Black Point, a beautiful promontory covered in tall firs and having unique geographic elements overlooking the Hood Canal, has taken another turn for the worse. It appears that the Statesman Group, the international developer who claimed to have vast resources available to successfully do this project, has not paid the County for work that the county did on behalf of them for the last six years. The county, operating on good faith back then, along with the County Commissioners that backed it, bought their promises without any financial bonding to ensure the work would be completed on time and budget. Hundreds of people in the County publicly questioned this decision and unfortunately, they appear to have been proven correct in their concerns.

The Brinnon Group, the organization of local people challenging the Pleasant Harbor has requested that Jefferson County  collect the fees due it by for the work done on the proposal.These fees, in the amount of $191,379.25, are for 2133 hours of work the county did for Statesman between 2016 and 2019.  It is unclear if Statesman is in breach of contract with the county, and whether the county could sue for payment and revoke the agreement. It is also unclear of whether the county has been attempting to collect on these fees.The invoice provided to The Brinnon Group attorney, was dated June 6th, 2020.

The letter, sent to Jefferson County Chief Civil Deputy Prosecuting Attorney  Philip C. Hunsucker called into question the financial ability of the Statesmen group to complete the project. It stated the following (bold face has been done by me to highlight key issues):


Dear Mr. Hunsucker: As you know, this office represents the Brinnon Group, a local community organization concerned with the proposed master planned resort (MPR) at Black Point. This proposal, termed the Pleasant Harbor development, has been under various stages of review since 2007.

Most recently, a development plan was approved that called for phased construction on the site. However, to date there has been little progress toward completion of the development plan, which advertises a variety of amenities for the community, including a large community center.

Over the past several years, Statesman’s development proposal has consumed significant time of county staff in reviewing and processing this complex proposal. Pursuant to adopted codes and ordinances, well known to Statesman, Jefferson County charges staff time spent on land development proposals back to the developer. This process, adopted by the Jefferson County Commissioners, is to assure that county taxpayers do not subsidize land developers. The requirement of reimbursement applies uniformly to all persons using the services of Jefferson County planning employees.

Over the past several months, my client has directed emails to the County regarding the Pleasant Harbor development and the status of billings and payments by Statesman for work performed by county employees. After expressing financial concerns about this project numerous times, my client was shocked to find that Statesman is in arrears to the County for $191,379.25, accumulated from 2016 to 2019, representing more than 2,000 staff hours spent on the Pleasant Harbor application (see Attachment 1, Jefferson County Invoice 20-001 issued June 9, 2020). Based on current information, we cannot find a record of payment for these fees. Our investigation has been hampered by redactions of emails and other information by your office, which seem wholly inappropriate when inquiries into taxpayer-supported county finances are involved.

It certainly appears that special privileges are being extended to Statesman by Jefferson County. County residents or other developers who owe taxes and fees to the County are expected to promptly pay their obligations and cannot just ask the County to “put it on their tab” for several years. Article 8, Section 7 of the Washington Constitution states: “No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation . . .” (emphasis added). While Jefferson County appropriately grants leeway to county residents in times of need, such as that caused by Covid-19 impacts, Statesman is a large development company with substantial holdings in the United States and Canada and certainly has, or should have resources to pay its bills.

The Statesman’s arrearage to the County raises another serious issue: does Statesman have the resources to implement the complex venture they are proposing? The Pleasant Harbor plan includes multiple phases, most of which will require substantial financial wherewithal to construct. One of the proposed amenities is the large community center, which will be a multi-million dollar project with unclear and uncertain financial returns. A redflag on Statesman finances was raised back in August, 2016, when the company distributed a flyer that proposed public financing of the Pleasant Harbor development. A copy of that brochure is attached. Statesman proposed a $2,000,000 “Recreational Community Grant” from Jefferson County. A transfer of about 30 acres of the Pleasant Harbor site to the state for another Recreational Community Grant in the amount of $9,250,000 was proposed (a cost of over $308,000/acre of undeveloped, vacant land), as well as a $26,500,000 loan from the state. These requests totaled almost $38,000,000 in corporate welfare to Statesman.

During this time in 2016, while Statesman was asking for public money for its project, it was not paying its bills to Jefferson County. These events raise the real concern that Statesman lacks the financial backing to complete the Pleasant Harbor proposal. The Northwest and other parts of the United States are littered with partially completed resort and recreational proposals that have been abandoned. Regrettably, these failures have created substantial costs for local governments.

Based on the foregoing, Jefferson County should take two actions. First, it should insist that Statesman’s past due bills for county services be paid immediately, and with interest. Jefferson County finances are not such that special privileges and deferral of payment can be allowed to land developers, including Statesman. After Statesman has come current on their account, the County should insist that any additional services provided be paid in a timely fashion. If further deferrals of payment are proposed by Statesman, they should be accompanied by complete financial security or a bond for payment to the County, such as an irrevocable line of credit from an established financial institution.

Second, Jefferson County should insist that Statesman demonstrate that it has the financial backing to complete the entire Pleasant Harbor project. These assurances should take the form of third party assurances of financing for the project, again from established banks or other financial institutions, or private committed financing. Jefferson County is not Statesman’s bank. Moreover, it is time for the County to insist, after 15 years of inaction, that Statesman demonstrate it can complete this project and not leave Jefferson County taxpayers holding the bag for a partially completed project that does not meet master plan resort standards. 

J. Richard Aramburu

The letter from Mr. Aramburu goes on to state that

Moreover, our investigations have disclosed a residential/recreational development in eastern
British Columbia with many similarities to Pleasant Harbor, this one called Pine Ridge. One of those
similarities is a proposed and promised community center which has been advertised as far back as 2008.
Over the years, Statesman has also proposed public financing for this project. However, neither public nor
private financing has been secured for this community center, and, like the one at Pleasant Harbor, it has
not been constructed. A video from Statesman discussing the project, and community center, is here
https://www.youtube.com/watch?v=hhE0z31AGLw. Discussion of the proposed Community Center
occurs at approximately 2’35”.

The County has been in discussions with the Statesman Group to get these bills paid, but the Groups’ lawyer is pushing back very hard on the County, refusing to pay based on a variety of details. On May 19th the County sent an email to the lawyer for Statesman, very strongly worded about the County’s billing, and demanding immediate payment.

Is the county finally ready to withdraw this approval and force Statesman to go back to the drawing board for this project? Is anyone at the county paying attention to this project at all?

Proposed Pleasant Harbor Resort

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