I would like to add my name to the following community letter regarding the proposed ordinance for Pacific Raceways:

On Wednesday, February 1, final arguments were concluded before hearing Examiner Judge J. O’Connor after nine days of testimony, on the appeal by Pacific Raceways’ president, Mr. Jason Fiorito, against a violations’ Notice of Order #E1000334 that was issued in late 2010.

Mr. Fiorito’s defense attorneys essentially accused the community witnesses of not being credible and of having an unreasonably biased vendetta against Pacific Raceways, rendering them unreliable witnesses and generally incapable of honest testimony. They dismissively labeled the hearing “trial by neighborism” and denigrated the intelligence and sincerity of eleven participants among dozens, who had previously exercised their civil right to file legitimate complaints over a decade to time. Racetrack counsel insisted repeatedly that noise heard on “quiet” Mondays and Tuesdays, was from police training although two officers testified they only train for a week twice a year in the off season.

Also, racetrack counsel blamed the county and accused the new DDES Director, John Starbard, of suddenly devising “nonsensical” interpretations for certain words in the 1984 governing Conditional Use Permit, which had resulted in the 2010 Notice of Order.

During the track’s 50-plus years of existence it has rarely had a good relationship with its neighbors. Consequently, there was previous litigation, which resulted in hard-won amendments to the original CUP #A-71-0-81 that included specified quiet days, hours of operation and public accountability. 

As the Council has become aware, within a few years after Jason Fiorito personally took over the management of Pacific Raceways in 2002, he submitted a master plan for a “World Class” racing facility, complete with a commercial/retail industrial complex that equaled the size of Auburn Supermall.  But, in order to expedite his way around current zoning laws and rural restrictions, a special ordinance was sponsored by Councilman Pete Von Reichbauer, #2010-0189, which would have eliminated the original CUP, negated any environmental studies for ten years and removed all the hard-won community protections and public accountability. Mr. Fiorito clearly did not want any community involvement in his ostentatious plans. But, after intense civic protest, Mr. Von Reichbauer withdrew the controversial proposal in January of last year and this latest amendment is the third attempt to get an ordinance passed.

During the recent Examiner hearing, a particularly flagrant admission was made by Mr. Fiorito under prosecution questioning, when he was asked why it was okay for him to conduct activities that weren’t allowed in the CUP, i.e., events running after hours, etc.  Mr. Fiorito responded that he would call his “political guy, who would then call the guy at the top, Ron Sims” to get an exemption.

As a result of information made public in the recent hearing Examiner proceedings--in which Mr. Fiorito, at one point actually testified that he had been a “good neighbor” to the community—it should be  a consideration that no matter how diligently the Executive and Council membership work to create a responsible piece of legislation, it won’t be logical if Mr. Fiorito himself cannot be trusted to follow the rules; preferring instead to rely on his political connections, powerful investors and expensive attorneys to maneuver around obstacles that might impede his ability to make a profit.

Regardless of what Judge O’Connor’s decision is, which should be impending in the next 2-3 weeks, the hearing process has allowed the community to get a realistic glimpse at what it could expect in the way of future permit compliance from Pacific Raceways and it is cause for serious lack of confidence in trust. 

There is fundamental understanding of the Council’s concern about economic factors, but shouldn’t members also be concerned about protection, ethics and moral fairness to the people, who elect them? 

The community urges the council to vote “no” on approval of the #2011-0277 striker.  It acknowledges the hard work and best intentions by the Council and Executive, but it is believed that Mr. Fiorito is the wrong developer for an exceptional ordinance and he should rely on current regulations in place, such as a Special Use Permit, that protect the state laws and rural nature of South King County to make any future improvements at his facility. 

It is the communities request that if improvements to Pacific Raceways cannot be made within existing law, they should not be made at all.

Respectfully,

Habib Hachem,

Software Engineer,

Sky Acres neighborhood, Auburn 98092