New Thurston County Courthouse: 3 Possible Sites Chosen

Above: The choice of locations for a new courthouse has been narrowed to three sites in Olympia. The current Thurston County Courthouse, built in 1978, is nearing the end of its useful life and presents the county with a host of security and maintenance issues.

Thurston County is looking at an estimated $200 million project funded by a property tax 

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

The choice of locations for a new Thurston County Courthouse has been narrowed down from 12 to three. 

After a three month study, the three sites chosen are:

- The former Olympia city hall on Plum Street, now the Lee Creighton Justice Center, which would be demolished;

- Vacant land owned by developer Jim Morris on Olympia’s westside on Harrison Avenue NW;

- A renovation and expansion of the existing courthouse at 2000 Lakeridge Drive.

In early November, the county will hold a series of community open houses and launch a public online survey. The county commissioners will make a final location choice in December.

The courthouse is required by state law to be located in Olympia.

Ron Thomas, Thomas Architecture Studios, was hired by Thurston County to conduct a feasibility study and public process for the site selection.

A 20 member committee advising the county is comprised of local attorneys, Intercity Transit, the Thurston Chamber of Commerce, the Olympia Lacey Tumwater Visitor and Convention Bureau, business representatives, and others.

The group determined various issues to consider when choosing a location such as community values, community development and impact to surrounding areas, functionality of the courthouse, transportation and access, and cost sharing opportunities.

Thomas and team members provided several one and a half hour community presentations for the public at the Olympia Center on Tuesday.  

At each session, Thomas reviewed the public process and outreach schedule, site pros and cons and related community impacts, and answered community questions.

Little Hollywood attended two of the daytime community presentation sessions, which were held in a partitioned room that was not wheelchair accessible. The evening meeting was held in a room that was accessible.

Above: On Tuesday, several chalk outlines of bodies led to Superior Court and the Prosecuting Attorney's Office. Yvonne McDonald, 56, was an African American woman found with significant injuries to her body but alive on August 7 in west Olympia. She died later that night. There has been little reported progress in an investigation into her death.

Building the Case for a New Courthouse

Built in 1978, the current courthouse complex is a confusing maze of three buildings with little signage. 

The buildings face significant building design issues with security concerns and failing electrical, plumbing, and heating and ventilation systems. There is a lack of conference rooms for attorneys and advocates meeting with their clients and at certain times, inadequate parking.

The courthouse includes Superior Court, District Court, Drug Court, and the County Clerk.

In what Thomas called the “civic center,” portion of the courthouse, other courthouse services include the Prosecuting Attorney offices, Sheriff’s Department, Public Defense, Assessor, Auditor, Treasurer, Environmental Health, Commissioners, Development Review, Community Planning and Economic Development Department, Human Resources, and Pre-Trial Services.

The Olympia Justice Center is located at the Lee Creighton Justice Center on Plum Street, formerly Olympia City Hall. It contains the City Municipal Court, Probation, City Jail, City Prosecutor, and Court and Parking Judication.

To accommodate all these services in a consolidated location, the new courthouse facility needs an estimated 389,000 square feet, Thomas said, and would need room to expand to accommodate future growth.

The current courthouse employs about 400, but by 2050, that number is expected to reach 500.

Anticipated parking needs will require 1,200 parking spaces in a structured parking garage with height zoning changes. 

For each site, Thomas characterized the property, its pros and cons, and ranked each with a transit access and walking score. The maximum score for transit and pedestrian access was 100.

Above: Current Courthouse Location at 2000 Lakeridge Drive sits on 26 acres, characterized by steep slopes, making only 14 – 15 acres available for construction. Its transit score was 40. Its walking score, 21, was the lowest of the three sites due to its geographic isolation. It is currently served by two Intercity Transit routes, Route 12 and Route 42. The only nearby restaurant is at the Hotel RL. Selection of this site would renovate and expand the courthouse complex in phases while maintaining services.

Above: The former Olympia City Hall site at 900 Plum Street, now the Lee Creighton Justice Center sits on 10 ½ acres with two wetlands. Its transit score ranked 56, the highest of all three sites, due to its proximity to I-5 and multiple Intercity Transit routes and their frequency. It received a walking score of 85, also the highest of the three sites, due to its location near restaurants and other services.

City of Olympia municipal court services and the jail are located here and would be demolished. Built in 1966, the building was designed by noted local architect Robert Wohleb and is featured on tours highlighting mid-century modern architecture.

This location is adjacent to the Yashiro Japanese Garden and a proposed site for a city-owned 24/7 emergency housing space for 40 unsheltered individuals using a mix of tiny homes and tents.

In one presentation, Thomas said the wetlands on the property could be filled in, but their function would have to be made up some other way.

Above: Vacant land near a strip development at 4419 Harrison: 27 acres bound by Harrison Avenue NW and Kaiser and 7th Avenue near the Highway 101 interchange, the land is owned by developer Jim Morris. This location ranked a transit score of 34 and a walking score of 50 because there are stores and services nearby. 

Jay’s Farm Stand and a new strip development owned by Morris are near this option. Tenants of that development include Blue Heron Bakery and Don Juan Mexican Restaurant. Intercity Transit does not currently serve the area.

Instead of structured parking at this site, there is room to create eight acres of surface parking, thus lowering the overall project cost, Thomas said. He added that he didn’t think that was the right thing to do.

An extensive onsite stormwater facility would need to be built if this location was chosen. Roads would also be built north and south and east and west through the property to address connectivity issues.

Community Impact

Wherever the new courthouse is located, it will have a dramatic impact on the area.

  

Whether it is located in a commercial area or residential area, the courthouse will spill out into the area for “blocks and blocks,” catering to employees and clients using courthouse services, Thomas said.

John Vanek, an attorney with the Housing Justice Project program at Thurston County Volunteer Legal Services, a nonprofit arm of the Thurston County Bar Association, provided his thoughts.

Vanek provides free civil legal advice and representation to low-income people facing eviction in Thurston and Mason Counties.

“There is inadequate parking and no meeting space to meet with clients in a confidential location. Many are not familiar with court and they are already traumatized. There is a video screen informing clients of cases but it uses archaic language such as ‘unlawful detainer’ which means eviction. It is not a welcoming space...it is artless,” he said.

Later, he expressed his concerns about locating the new facility on Plum Street, saying the area is built on fill and past core sample results looked like a “gray milkshake.” He also expressed concern that the facility would have a significant impact on the nearby Eastside neighborhood.

One woman, an attorney, said the current courthouse feels dangerous.

“It’s so crowded, stressful and confusing. It needs to be a space that feels safe and secure,” she said. 

She was eager for the project to start and offered suggestions for making the current location more desirable, such as a covered pedestrian bridge linking parking to the facility.

Other suggestions for the new facility besides improved parking, security and added space requirements included an open plaza, an atrium, a central kiosk staffed with a real person to help direct court users, vending machines, and an area for children.

Bob Schwartz of HOK Architects conducted the feasibility study for a new courthouse in 2015.

In an interview after a presentation, Schwartz said he has designed hundreds of courthouses throughout the country in his 35 year career. He recently designed courthouses in Marion County, Indianapolis and Joliet, Illinois, outside Chicago.

“There is a pent up demand for courthouse facilities. Many courthouses date to the era of the WPA (an employment program created by President Roosevelt in 1935). Many are facing issues due to the recession and deferred maintenance,” he said. 

Asked which of his most recent courthouse designs could be compared to Thurston County, he said he recently designed the new Kitsap County courthouse in Port Orchard. Thomas Architecture Studios is the firm leading that project as well.

“The region is growing in population and their courthouse needs are very similar - issues of security, code issues, and seismic concerns,” he said.

The $200 Million Dollar Question

The county is looking at an estimated, minimum $200 million project.

Thomas declined to estimate a total project cost for each option, saying that has not yet been determined. Property acquisition costs alone will vary wildly, he said.

There are two options for funding the project. The first is to issue a property tax called a general obligation bond that would require 60 percent of the vote to pass and a 40 percent turnout voting yes.  

The second option is a property tax called a levy lid lift, accomplished with a simple majority vote.

According to the Municipal Research Service Center (MRSC), new state legislation that became effective in June allows cities and counties to exempt senior citizens, disabled veterans, and other people with disabilities as defined in RCW 84.36.381 from a tax increase resulting from a levy lid lift. 

This exemption is optional. If a jurisdiction is planning a levy lid lift and wants to exempt these individuals, it must state the exemption in the ballot measure placed before the voters.

Little Hollywood asked county budget director Robin Campbell on Wednesday what funding route the board of commissioners will choose.

Campbell said the commissioners are leaning toward the levy lid lift because “it's a whole lot easier,” and would probably consider a property tax exemption for eligible individuals, but added, “we're not that far down the road.”

Due to another recent legislative change that is special to Thurston County, the levy lid lift would be required to be paid over a period of 25 years instead of the previously required nine years, she said.

When the commissioners choose a funding option, voters will vote on it in August, 2019.

According to a July report in the Kitsap Sun newspaper, an undetermined amount of non-voted bond debt will be used to pay for the Kitsap County courthouse construction.

The report says Thomas shared four design options with the Port Orchard City Council ranging in height from four to seven stories. He cautioned council members that what is eventually built will likely look significantly different given the county's budget constraints and other factors in the planning process.

Open Houses for the Thurston County Courthouse and Civic Center Project  

Several upcoming public open houses are scheduled. On November 6, there will be five sessions with a specific focus for each session. Anyone may attend any session:

9:00 a.m. – 10:30 a.m. (Real Estate and Design), 10:30 a.m. – 12:00 p.m. (Municipal Employees), 1:30 p.m. – 3:00 p.m. (Legal Profession), 3:00 p.m. – 4:30 p.m. (Other Stakeholders), 6:00 p.m. – 7:30 p.m. (General Public) at Lacey Community Center, 6729 Pacific Ave. SE, Olympia

November 7, 10:30 a.m. - 12:00 p.m. at City of Rainier, 102 Rochester St. W, Rainier

November 7, 6:00 p.m. – 7:30 p.m. at Rochester High School Commons, 19800 Carper Rd. SW, Rochester

Above: John Vanek created and donated his artwork titled, “Justice,” to the City of Olympia as part of the Art in Public Spaces program in 2012. It is at the Lee Creighton Justice Center.

For more information from Thurston County about the Thurston County Courthouse and Civic Center Project, go to https://www.thurstoncountywa.gov/bocc/Pages/courthouse-civic-project.aspx

The Center for Court Innovation and the National Council of Juvenile and Family Court Judges (NCJFCJ) wrote a report last year assessing the court’s internal processes and facility strengths and weaknesses regarding access to justice. In the report, several recommendations for improvements were made. The report is available at http://www.co.thurston.wa.us/distcrt/docs/TCDC_Report.pdf

Recent Little Hollywood interviews of Prosecuting Attorney Jon Tunheim and Prosecuting Attorney candidate Victor Minjares and Thurston County Commission candidate Tye Menser all mention Thurston County Courthouse issues and current law and justice models. Go to https://janineslittlehollywood.blogspot.com and type key words into the search button.

For more information about Yvonne McDonald, go to http://janineslittlehollywood.blogspot.com/2018/08/justice-for-yvonne-mcdonald.html

‘Oly Mountain Boy’ Attorney Announces Race for County Commission

Above: Tye Menser is a candidate for Thurston County Commission District 3. Little Hollywood interviewed Menser and covered law and justice issues, growth and the environment, county public health issues, and the need for a new county courthouse complex.

“The county has to be right there knee-deep with the cities in solving the county’s problems,” said Menser.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

Tye Menser announced his candidacy for Thurston County Commission District 3 on Saturday.

Menser, 47, is a bluegrass, banjo-playing member of the acclaimed Oly Mountain Boys and a Harvard and University of California-Berkeley educated public defense and criminal law attorney.

Menser made his announcement at the Thurston County Democrats’ annual Champagne Brunch at the River’s Edge Restaurant in Tumwater.

The seat is currently held by Commissioner Bud Blake, a self-described independent. Blake unseated Karen Valenzuela, a Democrat, in 2014.

Menser says he is running to improve the county’s financial management and partner with cities to work on solutions to regional problems such as affordable housing, poverty, addiction and mental health services. 

He also wants this partnership to create sustainable land use policies.

Interview with Little Hollywood

Menser sat down with Little Hollywood earlier this week to discuss his journey to Thurston County and approach to the issues.

We covered a lot of ground: the budget, growth, housing, environmental issues, the proposed new county courthouse, the proposed expansion of the county jail, and law and restorative justice issues.

Born in Southern California and raised by public school teachers, Menser is married to a public school teacher and father of two children. 

While a law student, he studied in Mexico, Argentina and Chile, learned Spanish, and served three years in large law firms. He traveled around the world in between jobs and met his wife while traveling in Bulgaria.

Menser is a ten-year singing and songwriting member of the Oly Mountain Boys. In a Northwest Music Scene reader poll, the band’s album, “White Horse” was voted as one of the top ten Pacific Northwest albums of 2014.

Set in Grays Harbor, the album, written by Menser, tells a life story from beginning to end, centering on Washington’s frontier past. One song is called, “They Cut Down the Trees.”

Menser first discovered his appreciation for environmental issues while living in Alaska nearly 15 years ago. 

“I went to Alaska in 2001, after three years in big-law firm private practice. Those three years showed me that I would only survive as a lawyer if I was in a more public service type of practice. At the same time, I became interested in environmental issues….I combined the two goals and joined the Alaska Public Defender Agency, representing the interests of indigenous peoples living above the Arctic Circle and throughout interior Alaska. I stayed for nearly seven years.

“I traveled all over the Alaskan wilderness, and developed an abiding appreciation for wild places and a deep understanding the value of pristine natural landscapes,” he said.

Coming to Olympia in 2007, Menser served on Thurston County’s Water Conservancy Board from 2010 to 2013. He has extensive training in Washington State’s complex water law.

With that knowledge, Menser pledges to enhance Thurston County’s unique features and preserve water quality, county farmlands and open spaces.

“I appreciate how smart, sustainable land use planning provides security for people and our irreplaceable lands as we continue to grow. We must provide for both prosperity and preservation. We have to be mindful of how we grow, and our current commissioners are trying to roll back protections for our prairies, groundwater and shorelines. We’re in a sweet spot here and need to retain its character. We need county commissioners who are going to fiercely protect that character,” he said.

Digging deep into the details of the county’s Habitat Conservation Plan currently under review, Menser wants to remind voters that all three current commissioners ran their election campaigns saying the Plan was unnecessary.

“The Habitat Conservation Plan is a way to help our landowners and property owners not run afoul of the law…Now the commissioners realize it’s needed, but they are questioning the science behind the need to protect endangered species and questioning the acreage for mitigation, so we’re pretty far back in the process. They have taken an obstructionist approach and I don’t think that is responsible leadership for the county. They are not asking the right questions.

“They are also looking at a reduction of protections in low impact development standards and the critical areas ordinance and considering the reduction of buffers,” he said.

Highlighting the interconnectedness of the county’s challenges, Menser says the county budget is in trouble and “it is time for the county to take a stronger role in joining the cities to work on regional issues.”

The county’s criminal justice system, including the courts, prosecution and defense, policing and the jail, currently consumes 76 percent of the county’s general fund.

“The commission has squandered two-thirds of our budget reserve with no plan to replenish it –that’s not responsible financial planning. We’re one emergency away from financial insolvency. A long term financial plan is key,” he said.

“Thurston County faces increasingly complicated problems with fewer and fewer financial resources to solve them. The anticipated population growth that we can see all around us is only going to further strain our ability to provide services and protect natural resources. The voters need someone who can safely lead the county through these challenges and I believe I’m the person for the job.”

With the commissioners also acting as the Board of Health, Menser says he will provide greater county leadership on issues on issues such as affordable housing and homelessness.

“The recent Point-in-Time count indicates that the number of unsheltered homeless on the street has spiked. Partnerships with the cities on these issues with a collaborative approach may be slow, but produces more solid, long-term solutions. Nearly a third of people in the county are under rent pressure, struggling to just meet their basic housing costs. The county has to be right there knee-deep with the cities in solving the county’s problems,” said Menser.

Menser’s practice includes court-appointed work with Thurston County Public Defense.

Despite the drop in crime, the population in the county jail is increasing, particularly those with special needs.

“We have 45 percent of the people in our jail with diagnosed mental health issues and 75-80 percent with addiction and substance abuse, so, to me, that statistic jumps off the page. If we’re concerned about why our jail is full and we’re housing people believing there’s going to be some rehabilitation, we are accomplishing a lot less incarcerating someone when they really are in need of mental health and addiction treatment.

“So, if we’re looking at the gap between revenue cap and the rising cost of government, we have to look at these issues. I’m well positioned to do that with my background. The plan to expand the jail is not the best use of our money….We could be looking at investing in other parts of the system that will have a better effect,” said Menser.

“The interconnectedness of these issues is one of my themes….You have to think of all our main issues - economic development, the environment, the budget, and law and justice. You have to see the whole system in terms of how to spend your money. I will work to implement reforms, find efficiencies and cost savings, reduce criminal recidivism, and make our communities safer and healthier,” said Menser.

Regarding the needs of the current county courthouse complex which was built in 1978, Menser agrees it needs to be replaced and says all the reasons presented are valid.

“The case that the courthouse is in disrepair is pretty clear. To me, the space concerns are the tipping factor. Three times the amount of space is needed to deal with the anticipated population growth. The space issue is acute. We have to figure out as a community how to make this project work. The judges have given a number of presentations. They are mindful of the fact that this very large expenditure needs to have corollary benefits to the community. That’s why the thought of having it downtown could be another way to revitalize our community.

“The downtown concept is good but the financial possibilities that have been presented are going to eat up capital expenditures. Whether it can it be done on a smaller scale is the challenge. Even the current commissioners are acknowledging the need. The location is the next big decision that needs to be made,” said Menser.

After covering a lot of ground on serious issues, it was time for Little Hollywood to ask Menser if he would be offended by me closing out the interview with a carefully chosen banjo joke. Menser laughed and braced himself.

Little Hollywood: So why is banjo playing like a courtroom trial?

Menser put his head in his hands, and thought for what seemed like half a minute. He was stumped. What? Had he not heard this one? He gave up.

Answer: Everyone is relieved when the case is finally closed.

But Menser was quick with a challenge:

Menser: Why do some people hate banjo players instantly?

Answer: It saves time.

Menser is hoping voters will like this one.

Approved: Mistake on the Lake Redevelopment

Above: The 100 foot, nine-story Mistake on the Lake obscures the stunning Olympic Mountain range, as seen from the Washington State Capitol Campus in January. Adding two 35 foot buildings to the scene, a City of Olympia hearing examiner approved a redevelopment proposal for the building. A public hearing on the project was held January 9 and lasted nearly six hours.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“The Capitol Center Building is unattractive and its location is truly unfortunate. In a perfect world it never would have been constructed, and it could not be constructed today....Although I share in the popular dislike for this building I am left with no alternative but to grant it the same protection given to every other nonconforming building,” wrote City of Olympia hearing examiner Mark Scheibmeir. 

Scheibmeir’s decision, dated February 2, approved a controversial, proposed mixed-use redevelopment for the building by developer Ken Brogan.

Although the application could have been handled by the city, the nine-story building on the isthmus in downtown Olympia is so controversial that the city deferred to a hearing examiner to determine whether the proposed project is a permitted use within the urban waterfront-housing zone and complies with all city codes. 

Approval for the proposed housing and commercial project, Views on Fifth, is subject to some routine conditions.

In a previous case upon which Scheibmeir based some of his decisions, another city hearing examiner, Tom Bjorgen, called the building an “errant thumb” on the landscape. 

A nearly six hour hearing about the proposed project was held January 9 at The Olympia Center with over 200 community members in attendance.

“Refusing to allow this project to go forward in the absence of any conflict with the Comprehensive Plan or noncompliance with development regulations, just to encourage the removal of the building, would constitute a taking. This would impose a significant, involuntary burden on the city – a burden it has declined to voluntarily take,” wrote Scheibmeir.

In June, 2017, representatives for Views on Fifth submitted an application to change the proposed use of the existing Capitol Center Building from an earlier proposed hotel to a multi-family residential development, and to develop the rest of the project site into a mixed use commercial residential project called “Views on Fifth.”

The city made a State Environmental Policy Act determination of non-significance for the project in early December, 2017, which was appealed by attorney Allen Miller, on behalf of several clients, that same month. That appeal was denied by the hearing examiner on January 25.

Above: David Nicandri signs in to testify at the proposed Views on Fifth land use public hearing held January 9 at The Olympia Center in downtown Olympia. Nicandri testified in favor of the redevelopment.

Numerous individuals and representatives of organizations testified against and in support of the redevelopment of the Capitol Center Building. 

Supporters said the project contributes to sustainability, economic revitalization in downtown, and long-term Growth Management Act goals.

Todd Cutts, executive director for the Olympia Downtown Association, said his board endorsed the project, saying more foot traffic is needed downtown. 

Joanna West, chair of the Thurston County Chamber of Commerce, which also endorsed the project, called it a “unique moment for Olympia.”

David Nicandri challenged testimony about the original Wilder and White and Olmsted concept plans and spoke to the environmental challenges of demolishing the building.

Nicandri spent 25 years leading the Washington State Historical Society, was the founding president of the Washington Trust for Historic Preservation, and currently sits on the City of Tumwater Historic Preservation Commission.

In the late 1970s, he incorporated Citizens to Save the Thurston County Courthouse, resulting in an effort that successfully sued the state of Washington to preserve the building on Capitol Way. 

“In that case, you had another building…so incongruous, so ugly, so poorly designed in comparison to the state capitol group that it did not deserve to remain on the landscape. It was intended to be demolished because it would obscure views of the capital from the east campus, what eventually became the state Department of Natural Resources building. Of course, in the greatest irony, at present the state office of archaeology and historic preservation is housed in that building.”

Scheibmeir stated that the proposed redevelopment meets all codes, even to scenic views.

“It might be argued that the two additional buildings, the Southwest Building and the Northwest Building, impair existing scenic views, but the view analysis provided by the applicant…adequately demonstrates that the views toward Capitol Lake and the Capitol from 4th Avenue are not worsened by these additional buildings,” wrote Scheibmeir in his decision.

Above: A screenshot of the proposed Views on Fifth and two additional 35 foot buildings as seen from the northwest corner of Fourth Avenue and Simmons Street. 

For more photos and information about Views on Fifth, or the Views on 5^th, Mistake on the Lake, Capitol Center Building, owner Ken Brogan, downtown Olympia, sea level rise, flood events, King Tides, the proposed hotel, or the isthmus, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.