Olympia’s Shoreline Master Plan and the Oyster House Restaurant: A Missed Opportunity for Budd Inlet Restoration?

Above: Rising like a Phoenix from the ashes, an Oyster House oyster creature, possibly named Oscar, appears to have been rescued during demolition of the restaurant on August 11. The downtown Olympia restaurant burned down July 19. No one was injured.

 

Olympia’s Shoreline Master Plan and the Oyster House Restaurant: A Missed Opportunity for Budd Inlet Restoration?

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

After many years of work, the Olympia city council deemed its draft Shoreline Master Plan just about done earlier this week. After staff makes final changes and gets it back to council on October 1, the mind-numbing 100+ page document will be handed it off to the Washington State Department of Ecology for review.

The City of Olympia is updating its Shoreline Master Program (SMP), which is required by the Shoreline Master Act, and regulates the use and development of properties along certain shorelines. 

According to Keith Stahley, City of Olympia’s community, planning and development manager, it will initially take Ecology staff about three months to review the document to ensure it is complete according to a checklist provided by Ecology. After more public hearings and possible policy clarifications, Ecology could approve, suggest amendments, or deny the application. In any case, the city is expected to see the draft back in September of 2014.

Meanwhile, during SMP discussions, a tragic and unexpected disaster took place on Budd Inlet at the southernmost tip of Puget Sound: the Oyster House restaurant in downtown Olympia burned down in the wee hours of July 19.

 

The owners, Tom and Leticia Barrett, didn’t waste any time obtaining a city demolition permit on July 30, and the restaurant is in the process of demolition and reconstruction. Construction activity requiring the closure of the 4^th Avenue sidewalk between Sylvester Street and Water Street is anticipated to be completed by the end of February 2014. Access to the boat ramp and boat dock will remain open.

In light of the Olympia city council’s update of its Shoreline Master Plan (SMP), there is additional scrutiny on this piece of property. To be clear, the Oyster House reconstruction is not affected by the pending adoption of the SMP and the current draft SMP would not impact the owner's ability to replace the structure.

While the Oyster House restaurant occupies a tiny parcel of land in the overall discussion of the health and restoration of Budd Inlet, it is a highly visible and strategically located example of past and current land use practices and the ongoing, frustrating efforts to protect, clean up and restore our little part of Budd Inlet.

Despite all the local and regional discussions, meetings, research and reports about the environmental impacts to Olympia’s downtown from climate change and sea-level rise, surface water runoff and stormwater pollutants loading South Puget Sound, and the need for better earthquake preparedness, it appears the rebuilding of the Oyster House, as a case example, could be a missed opportunity in shoreline restoration.

Project Update

“The owners are planning to replicate what the Oyster House looked like before it burned down,” says Ben Barnes, City of Olympia building inspector. “They’ll rebuild it back-to-back since the fire didn’t get to the back side. It’ll need a little structural upgrade, but that’s about it.”

Asked about the integrity of the building and the small concrete slabs stuck into the fill under the backside of the restaurant that can readily be seen at low tide, Barnes said, “Somebody at some point piled those up there, I don’t know who did that. It’s a lot sturdier now than before the (2001 Nisqually) earthquake. There’s a thick slab under the restaurant – it has a really good foundation under there.  There’s some exposed rebar that’s starting to rust, and will need to be cleaned up,” he said.

 

Above: The Oyster House on Budd Inlet has been demolished. A recent low tide exposes concrete slabs placed there to stabilize the northeast portion of the restaurant. Support beams along the underside of the now burnt down front part of the restaurant appear newer.

 
MC Squared, Inc. is doing the structural work and piling improvements, design, and seismic upgrades.

"The building burned down to the concrete slab that was in place since 1920. We’ll be putting up new wood frame walls, and just finished designing two trusses that are similar to, but not identical, to the ones that were there. It will all meet current code, and restored close to the architectural design from 20 years ago,” said Mike Szramek of MC Squared. Asked about the stabilization of property, Szramek said the northeast corner will be stabilized to hold up that corner of the building.

There is no official shoreline monitoring program at the city level, but city staff, including Todd Stamm, City of Olympia planning manager, is very familiar with the site.

"The moment this burned, we kicked around a few ideas and regulatory schemes. Under the shoreline code, it’s a fast path to build within the same envelope and restore what was there. If the owners start wanting change, there’s a slow shoreline regulatory, traditional permit process. Both paths were described to him. (Owner Tom Barrett) is in the restaurant business, not the development business,” said Stamm.

Asked what the city is concerned about, Stamm said, “We’re looking at the material underneath the building, and the rip rap there to prevent erosion. If he (the owner) wants a seawall, then it’s his choice to make improvements.”

A building permit to rebuild will go through the normal shoreline two-step process through the city and the Washington State Department of Ecology. As of this writing, plans have not been submitted.

Reached by telephone and asked about current demolition and rebuilding efforts, possible shoreline improvements, and confirming the rescue and identity of an unidentified oyster creature, Oyster House restaurant owners Tom and Leticia Barrett both chose not to comment for this story.

The Oyster House Restaurant

According to the Oyster House website, the restaurant is the oldest seafood restaurant in the State of Washington. It is the old original culling house of the original Olympia Oyster Company, which was formed prior to 1900. For many years, the Olympia Oysters were culled after being barged in the basin immediately to the north of this building. As far back as 1859, Olympia Oysters were sent to San Francisco where gourmets would pay $20.00 per plate for them.

The original owners started a small seafood bar in the southeast corner of the building where Olympia Oyster Cocktails were served to patrons. In 1948, the restaurant started to evolve into a large scale operation with two or three additions. The current owners, Tom and Leticia Barrett, have operated the business since 1995. 

According to the city of Olympia website, the Oyster House is listed on inventory lists by the City of Olympia but is not listed on any local, state or national historic register. Originally built in 1923, it is divided into two parcels.

According to Thurston County records, the total market value in 2013 was $62,604 for the intertidal zone. The owner and taxpayer for this parcel is listed as Oyster House Inc. Only $848.03 is due in taxes in 2013 for this parcel. The county assessor’s database lists no land or building for this parcel.

The owner and taxpayer for the parcel containing the actual land and building is T&L Limited Liability Company. The total market value is listed at $1,438,900. Part of the .57 acre parcel is in a flood zone, and in the city’s Urban Waterfront zone. The land is valued at $887,100 and the buildings are valued at $551,800. It was taxed at $62,604 in 2013. The square feet of the building is 5,312 and the parking lot square feet is 6,750.

Olympia city manager Steve Hall confirmed that the tidelands to the east of the Oyster House restaurant do appear to belong to the Barrett’s and the city does not pay anything to use this intertidal zone area for public access. This is the portion of Percival Landing featuring a foot bridge connection along Budd Inlet, an area where The Sandman tugboat is usually seen.

Some shoreline restoration advocates have entertained the idea that the city consider a land swap with the Oyster House, swapping the Sylvester Street right of way west of the building for the piece of land that the Oyster House sits on. 

“Allowing the Oyster House to rebuild on that piece, leaving a very narrow strip that could allow some shore restoration, removal of all those pilings and giving the restaurant solid ground to build on is much less expensive to build and maintain,” suggests Rob Ahlschwede, a Thurston County resident who has been involved in the SMP deliberations for the last four years. 

“They would still be right on the water, have a place for outside dining again and the Inlet would be a little closer to healthy.  It would take some legal stuff to do the swap, but it's been done in other places around the country,” says Ahlschwede.

Hall confirmed that a land swap was a possibility.

“Shortly after the fire, city staff met with the Barrett’s about future plans, including perhaps moving the restaurant to the west. While very cordial, the Barrett’s indicated that the best way to ensure getting their employees back to work as soon as possible was to rebuild in place and not try to do a land swap. Their insurance would not cover the cost of the move and much of the building core was salvageable. Also, city staff confirmed that a land swap would open up new shoreline use permit and land use approval processes which could take up to two years or more to compete. By contrast, building in place is relatively simple with few administrative hurdles for the owner,” said Hall.

When asked, both Stamm and Hall said that they are unaware of any incentives for shoreline restoration in a rebuild such as the one presented by the Oyster House situation.

Hall added, “One encouraging sign was a willingness of the Oyster House owners to partner with the city in the future rebuild of part of Percival Landing onto land rather than over water which is currently the case. This could be a good environmentally sound option for the city once we figure out how to fund the rebuild.”

Above: The Oyster House before demolition in July. The foreground illustrates the convoluted ramp system providing public access to the water.

 

Mayor Pro Tem Nathaniel Jones, who has been actively engaged in the SMP update, agrees that there is room for improvement in this highly developed area of Budd Inlet.

“As you know, Percival Landing is kinda funny, right in the area of the Oyster House. To stay on the boardwalk you have to go down one ramp, across a float, and back up another ramp. In some ways, it's nice to get close to the water, but the current design breaks up the connection between one part of the landing and the other. At the time this section of the landing comes due for refurbishment, it makes sense to consider our options for connecting up the two halves of the boardwalk. Perhaps this would involve some sort of land deal, including the Oyster House, but that decision is way out in the future.”

Jones added, “I am glad that the Oyster House is committed to Olympia and intends to rebuild. This is a difficult time for any business to lose income. The reconstruction must be very disruptive to the staff who depend upon the restaurant for their paycheck. If there were a workable way for the business to relocate so they were not over the water, I would be interested. And if there were a workable way for them to make improvements to the shoreline in the process of rebuilding, I would be interested. But, I don't see that the city has the ability to make these things happen. Private business will pursue those things which make sense to private business.

“While the Oyster House fire is a significant loss and has had a dramatic impact on our downtown, I expect that most of that impact will be short lived. Before long, they will be serving sandwich baskets and oyster shooters just like before,” said Jones.

The Threat of Storm Surges and Sea Level Rise

Above: Budd Inlet, left, threatens to drown the Oyster House restaurant, its parking lot, and nearby Sylvester Street during a 16.2 foot high tide incident in December 2012. Electrical wiring and light posts are also visibly under water. On the far, upper left, the Washington State Capitol Building can be seen in the distance.

During the most recent high tide event in December 2012, city staff and community members witnessed the forces of Budd Inlet covering the Oyster House’s parking lot with storm surge literally lapping at the outer walls of the restaurant, and waterlogging outdoor electrical outlets. This incident, measuring a 16.2 foot high tide, was not even the worst on record for this area.

A strongly worded portion of the city's Storm and Surface Water Utility section of the restoration appendix to Olympia's draft SMP acknowledges that climate change will "considerably influence the kinds of restoration implemented, when it is implemented, and how successfully. Known influences of a change in climate have not been confirmed, but potential effects include longer periods of drought, increased instances of flooding, changes and shifts in plant and wildlife populations, reduced snow accumulations and melt and sea-level rise."

The council agreed late last month to get rid of zero setback incentives for developers to create more height if they added amenities such as trails, vegetation buffers, and make an effort combat sea level rise on the Budd Inlet side of the isthmus and Percival Landing. 

The discussion took shoreline restoration advocates, including members of Friends of the Waterfront, and some council members off guard, complicating the SMP conversation late in the game.

When asked about it, Stamm insists the zero setback concept was suggested by council and specific approaches were proposed by staff after reviewing flexible incentive approaches adopted by other jurisdictions.

“The various incentive packages were provided by staff in response to requests from the city council for proposals for how the standards could be more ‘flexible’ and how such flexibility provisions might create incentives for shoreline restoration and enhancement beyond what would be required to mitigate the impacts of development,” says Stamm. 

 

Above: Budd Inlet threatens Bayview Thriftway during the early morning hours of a high tide event in December 2012. The water rose even further an hour later. This is the northwest corner of the building containing a deli. Picture is taken from Percival Landing.

 

The SMP Draft and Restaurants

One major area of contention with the SMP draft was restaurants.

“In the latest draft, restaurants, especially water-oriented restaurants, are allowed in many shoreline designations, but they would not be permitted in some more restrictive shoreline environments such as ‘natural’ and ‘conservancy.’ Grass Lake, Chambers Lake and much of Capitol Lake is ‘conservancy’ shoreline.  And in many cases, although the shoreline program might allow such uses, they are prohibited by the underlying residential zoning,” says Stamm.

Asked about various South Sound restaurants along Budd Inlet and their distance from the water, Stamm responded, “According to the city’s shoreline inventory, although it’s generally behind the Port Plaza at its closest point, Anthony’s Homeport is only about 30 feet from the ordinary high water mark, also known as the shoreline. Our estimate is that Bayview grocery is set back 22 feet at its closest point, and Tugboat Annie’s is over water in part, possibly by as much as 30 feet – it is definitely not a good example of zero setback with incentives as it doesn’t include any of the enhancement that would be required."  

Above and Below: TugBoat Annie's restaurant on West Bay Drive significantly extends over the water.

 

 

All three restaurants are located on different sides of Budd Inlet: Anthony’s Homeport is on the eastside of Budd Inlet, Bayview Thriftway is downtown on the southern end, and TugBoat Annie’s is located on West Bay Drive.

Bayview’s deli is in the northwest corner of the building, closest to the water. It is so close, that during the high tide event in December 2012, the massive forces of Budd Inlet rose precipitously near to the back door of the deli portion of Bayview. Windows on the second floor of the Bayview deli overlook Percival Landing and Budd Inlet, making it a popular luncheon and informal meeting area for community members.

Stamm says the Bayview Thriftway deli does qualify as a restaurant, even though it is within the same building as the grocery store,  (but) “this does not mean that if new, the entire building would qualify as a ‘water enjoyment’ use,” Stamm said, emphasizing the word ‘not.’ To be clear, Stamm clarified that putting a small ‘water enjoyment’ use, like a deli, inside a larger building wouldn’t allow a developer to place a large structure where it would not otherwise be allowed.
 

In a case of déjà vu, the rebuild of the portion of the Oyster House over the water would be under the same rules as the rebuild of Genoa's restaurant a few years ago, which also burned down.  Now Anthony's Hearthfire Grill restaurant at Northpoint, it has a different appearance, but was rebuilt in the same location, on pilings overlooking Budd Inlet, within same footprint as Genoa’s.

Regarding unintentionally damaged or destroyed structures, a new section was added to the draft SMP:

In the event that a structure or building housing a nonconforming use is damaged or destroyed by fire, explosion, act of nature, or act of public enemy, such damage or destruction shall not constitute a discontinuation of the nonconforming use. In the event that a structure or building housing an existing use considered a “conditional” use is damaged or destroyed by fire, explosion, act of nature, or act of public enemy, such use may be re-established without obtaining a conditional use permit.

This section further states, as in the current SMP, that in order to take advantage of this section, “a complete application for a building permit must be submitted within one year of the unintended event that caused the destruction of the structure. The applicant loses their rights under this subsection if the building permit lapses without construction of the structure proposed under the building permit.”

“Where the public seeks to enhance or restore the environment and not just mitigate adverse impacts, there is always a careful balance to be struck between the obligation of private property owners to be imposed by regulations, and efforts of volunteers, the public and government,” says Stamm.

The Regulatory Roles and Responsibilities of the City and State: Restoration vs. Mitigation

Chrissy Bailey, shoreline planner at the Washington State Department of Ecology, is working with the City of Olympia on its update of the SMP. She was asked several questions about the plans for the Oyster House, whether there are any opportunities or incentives for private property owners to help with Puget Sound shoreline restoration, and the respective city and state responsibilities.

Bailey responded, “Since the city’s new SMP hasn’t been adopted or approved yet, the rebuild of the Oyster House would have to comply with the regulations in the city’s current SMP.  If they are building waterward of the ordinary high water mark, there are other permits and approvals they would have to get as well, from other agencies.” 

“As far as the SMP goes, the city is actually the main permitting agency, not Ecology.  There are certain types of permits we also have to approve after the city does (conditional use permits and variance permits) but exemptions and substantial development permits are issued by the city and Ecology only gets notified that they have been issued. Permit decisions can be appealed to the Shoreline Hearings Board.”

“Generally, if there will be impacts to shoreline resources, mitigation is required. Ecology cannot require restoration, we can only require mitigation equivalent to the impacts of any project.” 

“The SMP guidelines strictly limit Ecology’s authority to require mitigation,” Bailey says, and quotes the relevant Washington Administrative Code, “in excess of that necessary to assure development results in no net loss of shoreline ecological functions.” 

Bailey is careful to differentiate between the terms restoration and mitigation.

“As you mentioned, there could be an improvement in the ecological condition from mitigation a project proponent has to do as a result of impacts associated with their project, impacts that couldn’t be avoided or minimized, or from restoration that is done voluntarily.” 

“Many jurisdictions that update their SMPs include incentives for restoration to try and exceed “no net loss” and actually improve ecological conditions or functions.  Olympia has been tossing that around and I’m not sure how it will shake out in the new SMP.”

“Basically, I would say the city’s main responsibility would be to assure any reconstruction complies with the applicable regulations in their SMP and any other city codes, which may include the need for mitigation.  Often times if structures are rebuilt to the exact same extent they existed before a fire or other disaster, jurisdictions don’t consider that to be an intensification - rather it’s a return to the baseline that existed before the disaster - and so they will not require mitigation. 

“Any restoration would be voluntary, and I am not familiar with any incentives that exist at this time under the Shoreline Master Act.  There are grants available to entities that want to do shoreline restoration so I think there are opportunities to do something different, it just depends on if the project proponent or land owner wants to do it.”

No-Net Loss vs. Net Gain: Is Budd Inlet Really a Priority?

As defined in the draft SMP, under Chapter 3.69, 18.34.850, “restoration is the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.”

Open to debate perhaps is the definition of “intrusive shoreline structures” which, for some, could mean certain area restaurants, and the Olympia Yacht Club.

 

Above: The Olympia Yacht Club with new support beams as seen from Percival Landing in July.

 

In an appendix to the city's draft SMP, the following four priorities and associated restoration projects are identified: improve water quality in Budd Inlet and its tributaries; improve natural sediment processes; preserve and restore wildlife habitat; and restore shorelines as opportunities for humans to connect with the natural environment.

No doubt, Budd Inlet has seen improvements in the form of greater stormwater control, the new Percival Landing boardwalk structure projects, the removal of about 200 creosote pilings, restoration of an acre of shoreline to function as a native habitat, park development, West Bay site clean-ups, and general public education efforts. The Port of Olympia continues to test the high concentration of dioxin-laden sediments which will lead to the development of a clean-up plan. The continued work of the Total Maximum Daily Loads (TMDL) water quality study of contaminants of concern in the Deschutes River, Capitol Lake, and Budd Inlet, led by the state Department of Ecology is also underway.

A comprehensive list of projects intended to restore Budd Inlet was identified by the Squaxin Island Tribe in 2010. Of those projects, 53 were identified in or within 500 feet of the City of Olympia. Of those 53 projects, 27 have been identified as potentially feasible for evaluation or implementation within the next 10 years with the City of Olympia as the lead or partner agency. Implementation schedules for many projects in the downtown area are to be determined by funding availability and/or redevelopment.

However, the biggest, most effective proposal toward Budd Inlet restoration, advocates say, would be the removal of the dam built on Budd Inlet in 1951, which blocks sediment transportation from the Deschutes River and Percival Creek into Budd Inlet.

 
The community will continue to pursue the delicate balance between human uses of our shorelines with environmental protection, but will we keep focusing on a goal of no net loss or will we begin to work toward environmental net gains?
 

Above: Sea stars attach themselves to the pilings holding up TugBoat Annie's restaurant in June.

 

Case Closed: Yoos Pleads Guilty with Alford Plea

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Scott Yoos, an Olympia man accused of a felony assault against a police officer, today pleaded guilty with an Alford plea to two counts, one for criminal trespass and one for obstructing a law enforcement officer.

In negotiations between Yoos, his attorney, Larry Hildes, and Thurston County Prosecuting Attorney J. Andrew Toynbee, the change in plea thus ended a 26 month ordeal for Yoos, and everyone else involved.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered while hitchhiking in 1984.

On June 1, 2011, Yoos was cited for criminal trespass and obstructing justice while riding on his bicycle through Olympia at 11:30 p.m. toward his home on Martin Way. Yoos stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, and within minutes, officers converged on Yoos. Yoos' method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. Yoos denies kicking Sergeant Johnson, and the alleged kick did not require medical attention.

Under the Alford plea, a defendant admits that sufficient evidence exists in which the prosecution could likely convince a judge or jury to find the defendant guilty if a case goes to trial. Yoos is contesting the facts but agreed that the facts in the police reports are sufficient that he could be found guilty. 

After several fitful starts, interruptions, and a court recess, Yoos, through a sign language interpreter, said today that he understood the rights he would give up by pleading guilty, and that the court did not need to necessarily adhere to the recommendations of the State, represented by Toynbee.

The five page document recommended, in part, that jail time be suspended, and that a $250 crime victim fund fee and a $200 filing fee be paid.

Judge Carol Murphy presided over the status hearing, saying that the court is not required to follow the State's recommendation. In the end, she did.

Hildes, in his statement on Yoos' behalf, said that Yoos has no criminal history, cares about his community, and that Yoos' biggest concern is to make sure that changes are made in law enforcement protocols, such as the use of police video cameras.

"He's one of the best hearted people I have ever met," said Hildes.

Yoos, through an interpreter, said to the court, "This whole thing has been very draining on many levels, physically and psychologically and financially, and I feel like I can no longer afford to swim in this pool. I want to see that video is installed in all of the OPD, Olympia Police Department, patrol cars or in the uniform. This all would never have happened if I had a recording, a recorded witness, to back me up. As it is now, it is four against one and my chances in trial would not be wonderful. It's very frustrating but I would be - I will be - happy to be done with this."

Murphy said that it is the court's opinion that Mr. Yoos has been very respectful in the courtroom, and consistently on time. She said she wished she could say the same for his attorney, Mr. Hildes, who often arrived late for court appearances. Hildes lives in Bellingham. 

She added that she appreciated Mr. Yoos' difficulty in navigating the justice system and the time it has taken for everyone to come to this resolution.

A Scott Yoos Legal Defense Fund account has been set up at the Washington State Employees Credit Union. To pay Yoos' remaining expenses as a result of his case, donations to the fund may be made at any credit union branch.

OPD and the Feasibility of Patrol Car Video Cameras

Asked by this reporter late last month about the Olympia Police Department's (OPD) time and costs expended by OPD on the Yoos case specifically, Laura Wohl, OPD's spokesperson, said she could not estimate the cost. 

"The reason that costs aren’t available is that we don’t track such things by the case. For example, we track overtime according to what it is used for generically: to fill short shifts, to staff events, for court time, etc. We don’t track straight time in a case-by-case manner, either. Instead, officers work on many things during their regular shifts and the time is simply noted as regular shift hours....They may be investigating multiple cases when they are in the field, at the same time they may need to respond to an emergency call."

Asked about the department's interest in and cost of video cameras in patrol cars, she said, "Yes, the department has investigated the use of video cameras in our vehicles. The cost of the equipment is approximately $6000 each plus one-time infrastructure (antennae, computer server for storing the video, etc.) costs of about $10,000. The department has received grant funding to buy up to six cameras, although we do not have funding to equip all of our cars."  

Asked how many patrol cars there are in Olympia's fleet, Wohl said, "We currently have 20 marked patrol vehicles assigned to patrol shifts and to our traffic unit, as well as an additional two vehicles used by field supervisors. We have another 28 vehicles (some marked, some not) that are used by detectives, administration, the jail, the volunteer program, the school resource officer program, the training program, and our evidence/crime scene investigation team."

 

Wohl added, "OPD is in favor of in-car video. We believe that it provides important information about incidents that happen in the field that helps protect both citizens and officers. We had planned to implement in-car video in 2012 with the funding we had identified. However, staffing shortages and other high-priority projects delayed implementation."

 

"Recently, court decisions have raised questions about the retention of in-car videos. Additional retention requirements may significantly impact the workload needed to manage the storage and dissemination of in-car videos. We are still assessing what resources would be required to manage the videos and whether an in-car video program is feasible," Wohl said.

For more information and several articles about Yoos' case, use the search button and use key words on this blog at ww.janineslittlehollywood.blogspot.com.

Olympia Public Art Along Percival Landing

 

Above: People walking along Percival Landing tonight look at a sculpture titled "Throes," by Willow Wicklund. Cynthia Mitchell, left, and Haneen Aibak, red shirt, both of Olympia, stopped by the exhibits.

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The City of Olympia and members of the city Arts Commission tonight hosted a grand opening for a new round of public art currently featured on Percival Landing. Twelve loaned sculptures along Percival Landing, from Bayview Thriftway to Budd Bay Café, are on display.

The public is invited to vote for the 2013 People's Choice Sculpture Award from today through August 31, using ballots located along Percival Landing. The sculpture with the most votes will be purchased by the City of Olympia and installed in another location following the exhibition. Olympia residency is not required to vote, however, it is required that all sculptures be viewed in person before your ballot is turned in.

Tonight, Cynthia Mitchell and Haneen Aibak indicated that they were both impressed with "Throes," a steel and bronze sculpture by Willow Wicklund. The artwork evoked emotion in Aibak.

"I wish I was taller so I could see his face," she said. "The fact that he's looking up means hope, or maybe he's looking for his friend, an alien," Aibak laughed.

"No, hope," she decided after further interpretation. "Hope that the clouds will clear, the sun will shine, and the rays will embrace my face."

Above: Artist Lin Rebolini McJunkin cleans her artwork, "Kelp Totem III: Orca" on Percival Landing tonight.

 

Artist Lin Rebolini McJunkin was seen cleaning her steel and glass sculpture, "Kelp Totem III: Orca" tonight. Rebolini McJunkin, of Conway, says her piece was inspired by her appreciation of  Coastal Salish Native American art.

 

"This is my interpretation of an orca," she said. The piece uses green and purple powder mixed together with recycled chunks of broken glass, which Rebolini McJunkin then mixed up, put into a mold, and into a kiln. The process is called pate de verre, meaning paste of glass.

 

The bladder of the kelp shown a brilliant green and purple against the setting sun. She said she is very pleased with where her piece was located by the city, near the bridge.

 

"I couldn't have picked a better place," she said. Rebolini McJunkin's work is also featured in several other cities in Washington and Idaho. One of her pieces just won the People's Choice award in Auburn, she said. Her smaller, more intimate pieces are featured at Childhood's End Gallery in Olympia.

 

The People's Choice winner will be announced at the Olympia City Council meeting on October 1, 2013. Sculptures not awarded the award may be purchased after July 2014.

For more information, contact Stephanie Johnson, City of Olympia Arts & Events Program Manager, Park, Arts and Recreation Department, at (360) 709-2678 or go to www.olympiawa.gov/plinth.

Yoos Case: Motion To Dismiss Denied

Yoos Case: Motion To Dismiss Denied

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The motion to dismiss a felony case against Scott Yoos, an Olympia man who is mute, was denied yesterday by Thurston County Superior Court Judge Christine Pomeroy.  

A date of August 12 has been set for the case to now go to trial with a twelve person jury.  This date could be changed if Yoos' attorney, Larry Hildes, asks for a delay to prepare for the case.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered in 1984. (For more information and several articles about Yoos' case, use the search button and use key words on this blog at www.janineslittlehollywood.blogspot.com).

Immediately following the court's decision, Yoos motioned this reporter to come over and read what he was writing.
 
"The city of Olympia needs video cameras - I would have been entirely vindicated with a recorded witness, either on the patrol cars or attached to officer's uniforms. I've seen some very sophisticated cameras under $1,000 each."
 
Asking him what he does now, Yoos wrote, “I’ll scheme with the attorney, hopefully rest a bit.”

Case History

 Accused of a felony assault against a police officer, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011. On that date, Yoos was riding on his bicycle through downtown Olympia at 11:30 p.m. toward his home on Martin Way, when he stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, in Olympia.

Within minutes, several officers converged on Yoos. Yoos’ method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.  Yoos is 5'9 and weighs about 155 pounds.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. The alleged kick did not require medical treatment. Yoos denies kicking Sergeant Johnson.

Yoos’ case has dragged on for 26 months. There have been repeated delays in the case, many of them because a court-appointed sign language interpreter was not provided or available.  Larry Hildes, his attorney, has repeatedly asked the court for a motion to dismiss the case, based on discriminatory actions by the arresting law enforcement officers.

In what has amounted to several days of actual testimony in which Yoos and three law enforcement officers involved in the case testified, Olympia Police Department officers Officer Randy Wilson, Officer S. Costello, and Officer Jason Watkins, Judge Pomeroy ruled that the officers’ actions were justified, and that they had a reasonable right to stop and detain Mr. Yoos.  She further explained that their actions were not discriminatory, citing, in the court’s opinion, that it was Mr. Yoos’ repeated attempts to leave the scene that made the situation escalate.

Hildes repeatedly argued that Yoos was unjustly arrested and silenced because the officers did not have the proper training to deal with Yoos’ disability, and, after the officers made a series of assumptions, allowed the situation to escalate.

In his closing arguments, Hildes was assertive, saying in part, "Officers are supposed to deescalate situations...It became a power struggle, respect for the officers, forcing him to do what they wanted him to do and he just wanted to communicate, that's the discrimination. But for the lack of training, experience, and policy, there would not have been an incident. Dismiss this case. But for the discriminatory result, there would be no case...."

Thurston County prosecuting attorney J. Andrew Toynbee, appearing cool and calm in his demeanor, said in his closing argument, in part, "...over three days, the officers have testified and are able to give you a reason for everything...I'm telling the court they did nothing wrong. The defendant did not wish to communicate. In fact, he kept trying to leave...when asked, he did not write his name and birthdate...they had business to conduct with him. They had a reason to talk with him...there was not a lack of training or desire to communicate...he kept trying to leave....this was a dynamic situation, things happened quickly."

Citing case law, Toynbee said that the officers had justification to take action and it had nothing to do with discrimination against Mr. Yoos.

Hildes argued that it was not a dynamic situation, that they were standing there having a written exchange until Officer Wilson intentionally took his pad of paper away, preventing Yoos from further communication.

"This was like putting a gag in his mouth, intentionally using his disability against him."

Sample Testimony

Today, two sign language interpreters were available to accommodate Yoos’ method of sign language, which is signs and finger spelling. The process is time-consuming. When changes in words occurs, it is not clear if it is Yoos changing what he is saying or if the sign language interpreter misinterpreted his finger spelling. Yoos quickly corrected the interpreter if she misinterpreted his words.

The following is a portion of an unofficial transcription as heard and written by this reporter of yesterday's testimony by Yoos, when questioned by his attorney.

Hildes: Were you trying to be uncooperative?

Yoos: No, I just wanted to go home to bed and it was a little frightening to have this armed man immediately arrest me and accuse me of something that I had not done.

Hildes: Did you attempt to communicate that to him?

Yoos: I had my communication tools all taken away from me and I was just trying to sign to them.

Hildes: Did they stop trying to communicate to you at that point?

Yoos: They were interested in arresting me and attacking me.

Moments later:

Hildes: Did you attempt to leave?

Yoos: I didn’t try to “leave” three times like Costello claims that I – no, no.

Later:

Hildes: At the time, if they had communicated with you, would you have communicated with them?

Yoos: I am not a criminal. I am a former Eagle Scout, so, and preacher’s kid. I never threatened any of the police officers.

Hildes: Was it your intention to resist them?

Yoos: No, I didn’t think it was right for them to steal my bicycle and my Walkman, my wallet, my bag and all of the papers I had in my backpack and in my pocket.

Hildes: What made you think they were stealing?

Yoos: When someone violently takes something from you, that’s stealing.

Hildes: Why did you feel like it was stealing?

Yoos: I did nothing wrong and I couldn’t communicate and it was very frustrating to me.

Hildes: Were you frightened?

Yoos: Of course – there were four armed men.

Hildes: What were you wearing – what did you have on your feet?

Yoos: I was riding my bicycle with lightweight sandals like TEVA’s but cheaper.

Hildes: And you were wearing a reflective vest, correct?

Yoos: Yes.

Hildes: So you weren’t trying to sneak into the parking lot?

Yoos: No, of course not.

Hildes: So you weren’t trying to break into the donut shop?

Yoos: Please, no.

Later:

Hildes: Did you ever attempt to resist the officers?

Yoos: I only tried to communicate with Watkins by pulling in my arms so they could not cuff me again.

Hildes: Why did you do that?

Yoos: Because I needed to tell them – I needed my voice.

Hildes: So you were just trying to communicate?

Yoos: Yes.

Later:

Hildes: What frightened you about this incident?

Yoos: I had been – I was being – unjustly arrested and accused of things which I was not guilty of and physically, and I was having armed men approaching me at night.

Hildes: Was it also because they took away your ability to communicate?

Yoos: That was very frightening and frustrating to me…it was Wilson who took the pad and my communication away.

Hildes: So the officer already did that?

Yoos: Yes.

Hildes: And you were already communicating with him about the incident when he took the pad away from you?

Yoos: Yea, briefly. There are only, like, two or three back and forth conversations.

Later:

Hildes: He could have kept on writing and you would have kept responding, right?

Yoos:  Yes.

Hildes: Did you give him any reason that you didn’t want to communicate with him?

Yoos: I just wanted to go back home….I felt threatened and harassed but I was entirely willing to write back and forth with him.

With his attorney and friends, and while seated with his interpreter during the hearing, Yoos was using a new gizmo to communicate, a little black  LCD writing tablet called a Boogie Board. One button touch erases his words between thoughts. Asked about it during a break, Yoos wrote, “It was a surprise gift from a friend’s friend who won it in a raffle and sent it to me in the mail from Texas.”

Asked how he likes it, Yoos wrote, “It’s low battery use, it’s “supposed” to go about six years. It is the bottom of the line cheapest model  - he points to the back that says it’s from www.improveelectronics.com - but it’s just what I need. A lot better from markers, cuz those are very messy and are always drying out on me. Plus, no fumes.”  Many of his friends had difficulty reading the dark blue lettering against the black board but took the time to read his writings.

Yoos looked pale and drawn. During another break, he was asked how he feels. He wrote that his red nose and sniffles was the result of allergies.

Asked how he is holding up in general, Yoos wrote, “It’s been hanging over me for 26 months with over 20 court appearances counting the city ones – s’been hellacious – I’m not able to consider adopting a pup….”
 
Interview with Thurston County Prosecuting Attorney J. Andrew Toynbee

In a telephone interview this morning with Thurston County Chief Prosecuting Attorney J. Andrew Toynbee, who has pursued and argued the case against Yoos, Toynbee was asked what happens next. 


Toynbee said the case is scheduled to go to trial and Yoos could be convicted of assault of the third degree with a sentence of one to three months in jail, acquitted, or, he could accept a plea offer to a lesser charge.

“I’m not interested in sending Mr. Yoos to jail,” said Toynbee.  “I have made several attempts for plea offers in the past but Mr. Yoos’ attorney, Larry Hildes, has not entertained them.”

Asked why Thurston County is pursuing this case, Toynbee said, “We take assaults on officers very, very seriously, that’s the reason."

Asked what he wants from Yoos, Toynbee responded, “My goal is to have Mr. Yoos take some accountability for his actions.”

Asked why Sergeant Paul Johnson, the officer who was allegedly kicked by Yoos, did not testify, Toynbee said, “The motion only focused on one issue – whether law enforcement was discriminatory in their actions. Sergeant Johnson didn’t take action, he oversaw the situation after he arrived, but he would be called to trial. He could have testified, but it (the hearing) was going on and on….”

Asked if he thinks it’s a problem that Sergeant Johnson’s report is dated weeks after the incident, (it is dated June 27), and unsigned, Toynbee said, “No, I don’t think it’s a problem. Two officers, Costello and Wilson saw it (the kick).”

Asked how much Thurston County has spent thus far on Yoos’ case, Toynbee said he is a salaried employee and doesn’t know how much has been spent.

 

Here Comes The Sun, and Olympia's New West Central Park

 

Above: Alicia Elliott greeted folks all day, and answered questions about her vision for the new park as musician Mike Burdorff looks on. 

 

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

New Yorkers may scoff at the ambitious sounding name for a new grassroots-driven park on Olympia's Westside, but many people today certainly felt like it could be that other Central Park, minus the mature trees. 

Although hundreds of cars passed by the busy intersection of Harrison and Division, they were hardly noticed as people hung out for hours, visiting artisans, seeing old friends, making new friends and meeting neighbors. More than one person was heard to say that the just over half acre piece of land feels much bigger when you're standing in the middle of it.

Alicia Elliott, the visionary woman who recently bought the previously vacant lot for $450,000, is moving fast. With a team of dedicated volunteers, the space that almost became a 7-11 mini mart was today transformed into a bustling community scene of musicians, artisans, food vendors, picnic tables, flower planters, and yes, two conveniently placed portable toilets equipped with sinks at the far end of the lot.

And it's just the beginning. Park project volunteers anticipate and encourage future local events, including craft fairs, music, art and dance shows at the location, and just offering a place to visit with friends and meet neighbors.

On June 12, the Park received its non-profit status from the State of Washington, making fundraising easier. The goal is to raise $152,500 for grading, utilities, buildings, landscaping, a water feature, benches, fencing and more. This low estimate is based on the fact that 50% of the supplies and labor are being donated by several area businesses and artisans.

 

Elliott and volunteers have also established a Friends of West Central Park membership plan. It is open to all, however, satisfying one or two board membership requirements, such as living within 10 blocks of the park, or attending three work parties, for example, enables members to achieve a position on the board of trustees or the board of overseers. Membership will meet once a year and are essentially the shareholders of the Park.

 

The Park also received some good news in the financial department just three days ago: When Elliott first bought the property, she was required to either pay a fee to start a water account or prove the existence of a previous account at the property. She paid the fee. Although there hasn’t been a building on the site for 16 years, there had been an account there at one time, so the City of Olympia agreed to refund her deposit of $3,200. The money will go toward the Park's fundraising goals.

Above: Woodworking artisan Brian Anderson planes a piece of spalted maple today in West Central Park.

 

Today, Brian Anderson of Anderson Woodworks demonstrated his craft, as he planed a piece of spalted maple. "Spalted basically means when a tree is starting to rot," he said. Anderson said he gets his maple from a source in Rochester. "I try to get wood locally, although I do get some exotic wood. Most of my products, like my cabinets, are Forest Stewardship Council certified products. Self-taught since 1996, he said his learning curve was quick. "I learned from my mistakes...I try not to make things out of alder, for example, because it's so unstable."

 

Above: Kelly Rigg demonstrates the art of blacksmithing.

 

Kelly Rigg said he did blacksmithing as a hobby for about 14 years, but started his business, Big Hammer Technology, about four years ago when the economy tanked. He makes small crafts, such as coat hooks as well as large, commissioned works. He recently completed and installed a forged gate to the Lincoln Elementary school garden. Asked by an observer if it was hard for him to pound the steel, he said, "It doesn't take muscle so much as technique. Every hammer blow has a purpose," and produced a little seahorse.

 

Above: Tucker Petertil and Sue Hastings demonstrate the art of mosiacs.

 



Above: With a lot of vision and hard work, West Central Park takes shape.

 

For more information, go to www.aparkforus.org. A history of the Park development is in the Winter 2013 edition of the South Sound Green Pages at www.oly-wa.us/greenpages.