Code Enforcement Leaves Olympia Resident Frustrated

Above: Melinda Spencer arrived early at tonight's Olympia city council meeting to give public comment about an alleged commercial marijuana grow operation in her northeast neighborhood. Spencer believes that three recent utility line fires near her home were caused by the operation. 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Code enforcement for residents of the City of Olympia is an issue fraught with emotions. Law abiding citizens turn to the City of Olympia for help and information regarding sidewalks blocked with vegetation, abandoned or dilapidated houses used by the homeless, abandoned vehicles, busy drug houses operating in established neighborhoods, and nuisance dogs.

Commercial businesses like the Grande Terrace on Capitol Lake, a wedding and event venue on Deschutes Parkway, also test neighbor's nerves, when they are blatantly allowed to skirt the law, operating in a residential neighborhood and violating the terms of temporary use permits, as well as known federal and state law and city ordinances.

With the help of a concerned group of neighborhood volunteers between 2010 and 2014, the city did pass a repeat violator ordinance and developed an action plan to improve code enforcement but a functional online system that would allow citizens to track the status of code enforcement complaints has yet to be implemented.

Not surprisingly, a 2014 opinion survey of Olympia’s city government services by Elway Research published last November indicates that code enforcement is lagging.

Out of thousands contacted, the poll surveyed 952 residents drawn from a list of residential utility customers provided by the city.  Survey respondents were asked about the quality of life in Olympia and their assessment of city government programs and services.

Performance lagged behind expectations for six services: neighborhood planning, permits and code enforcement, sidewalks, land use, street maintenance and police patrols.

Neighbor Concerned About Alleged Marijuana Grow Operation

Tonight, northeast neighborhood resident Melinda Spencer addressed the Olympia city council about an alleged unpermitted, commercial marijuana growing operation. The home is 200 feet from Roosevelt Elementary School.

Earlier this month, Spencer reached out to Little Hollywood for assistance and granted an interview to explain her plight.

Spencer said that she believes this operation has caused three fires on the power line outside her home since June 29, causing a transformer fire, lit the lawn on fire, and closed the street. She is concerned about the electrical safety of her home, and other homes in her neighborhood, as well as other issues.

In her comments to city council tonight, Spencer said, “Because this business continues to operate unchecked, we are bracing for the next power surge and fire. The city better hope that the melted service line doesn't fall on a school bus, Intercity Transit bus, U.S. Postal Service mail carrier, or anyone else who lives or travels on our street. We need city staff to investigate this situation and take the appropriate actions. And I shouldn't have to lobby City Council to get our staff to do their job.” 

Spencer mentioned that a group of volunteers worked for four years with city staff from 2010 until 2014 to develop workable solutions, but which city managers have largely ignored.

“You should be very concerned about the lack of accountability that has been allowed to take root among our city staff. Volunteers work for years to cultivate strong neighborhoods, but city staff demolish those gains when they ignore clear code violations and allow unsafe and illegal commercial operations to flourish in our communities,” said Spencer. 

 

“I’m sure the individual code enforcement officers took their positions with the city with every intention of doing a good job for the citizens of Olympia. But something is broken at top levels of city management, and this breakdown has cultivated a culture of inaction among key city staff. Olympia will never grow into its potential if residents' efforts to build strong neighborhoods are obliterated by the lack of accountability among management at City Hall,” she said.

Little Progress and the Run-Around

In her interview with Little Hollywood, Melinda Spencer said she works fulltime and researching city codes has been exhausting.

“This is not what I do for living, and I might have missed something, but I want to know what universe I am in that it takes all this work to get city staff to help us with this situation. I’ve lived here 18 years and I’ve never needed code enforcement. Now that I do, I need them to help me,” said Spencer.

Spencer brought her concern to the attention of the city code enforcement staff in June. She also informed Puget Sound Energy (PSE). As her research increased, so did her email communications to the city. Most recently, on August 13, she informed the city council of her concerns, and received no reply. 

In an email to Spencer on August 7, the city's code enforcement manager, Todd Cunningham, said that the service line from the pole to the home is regulated by PSE – the city has no jurisdiction over this part of the electrical system. He referred the situation to Chris Grabowski, the city’s lead code enforcement officer in charge of complaints for the Eastside.

On August 11, Grabowski referred Spencer to Jeff Payne at PSE, who informed Grabowski that PSE was looking into the line failure but they had not made a determination yet on the cause of the fire. According to Spencer, PSE has had to repair the service line to the property three times since late June.

Grabowski also told Spencer that her issue was not a code enforcement issue, but a law enforcement issue. Grabowski forwarded her concern to the Olympia police, who then forwarded it to the Thurston County Narcotics Task Force.

The business is not listed as licensed on a list of marijuana license applicants by the Washington State Liquor and Cannabis Board (WSLCB). The WSLCB does not issue licenses for locations that are personal residences.

The residence is a small home on a 0.17 acre residential lot owned by Michael Saulino of Ocean Shores, according to Thurston County Assessor’s Office information.

Attempts by neighbors to reach Saulino in early August were unsuccessful. The homeowners sent Saulino a certified letter, but have seen no changes at the home.

“The pot-growing operation continues as usual and it does not look like the tenants are being evicted. We continue to be concerned about fires resulting from these activities,” said Spencer.

Spencer showed Little Hollywood two photos that show how the service line to that property was taped and clamped after the most recent power surge and line fire on July 30.

According to Spencer, a PSE employee who was at her home to determine if her power supply has been affected by the surges said that the fixes to the melted service wire may not appear to be safe, especially if the pot-growing equipment continues to draw extraordinary amounts of energy.

Spencer’s husband, Keith, and PSE staff were given tours by the tenants of the marijuana operation inside the home as well as two attached and detached garages, and confirmed that air conditioners have been running around the clock since they moved into the rental home in January.

In response to Little Hollywood's question about odors, Spencer said, “Yes, there are uncontrolled odors, and the pesticide and fertilizer use goes down into our water system, but the pot operation isn’t even the issue for me. It’s an unpermitted commercial operation that is exceeding the capacity of the system in a residential area….The city is on the hook for this,” said Spencer, as she concluded our interview.

City Response 

As is customary at city council meetings, council members listen to all speakers at public comment time and at their discretion, choose to respond to specific speakers and issues.

In response to Spencer’s comments, Olympia city manager Steve Hall said that city staff has been very responsive to Spencer’s concerns, and detailed the city communications with PSE and staff, information that was already known to Spencer. Hall said PSE has assured the city that the power lines are safe.

Hall also said that he just received information that he had not shared with Spencer.

Hall said that city staff contacted the Thurston County Narcotics Task Force, who investigated and determined that the location is a collective garden operation, which would be allowed under state law, and as such, would not be regulated by the city, nor is a business license required. 

Councilmember Nathaniel Jones commented that he remains concerned about the city’s role in the situation and was concerned about the three recent fires within a short period of time.

“It seems to me we have some responsibility to follow up with PSE in our role….to ensure there are no remaining concerns about fire risk or electrical failure.” He thanked staff for what has been done but said the report did not give him confidence on continuing risk.

Councilmember Jeannine Roe also thanked Spencer for coming, and said she sensed that the city needed the improve communications with constituents.

As the council turned to other business, speakers left the council chambers en masse. Hall quickly gave Spencer his business card as she left.

Outside city hall, Spencer was incensed with Hall’s comments.

“….I was last in contact with the city on Thursday and I never heard anything else after that…. He could have had the courtesy to call or email me…To undercut what I said in public! That’s mean! I’ve waited the last three business days for communication from the city because I’ve been giving them the benefit of the doubt. All along I’ve been thinking, ‘prove me wrong!’ You just don’t do that!”

Spencer complimented the councilmembers who expressed concern about the issue.

“It is not a collective grow operation. They have several hundred plants in there. The city is trying to tie it up in a tiny little bow because code enforcement minimized the problem,” said Spencer.

Above: City of Olympia's Strategic Communications Director Kellie Purce Braseth, who began her new position with the city on July 13, checks the public comment sign-in sheets at 6:50 p.m. City council meetings usually start at 7:00 p.m. At the beginning of the meeting, Braseth takes the sheets to the mayor, who usually calls speakers up to the podium in the order in which they signed up.

Tonight, ten speakers spoke on issues related to code enforcement, public support for the city's possible purchase of 75 acres off Kaiser Road as open park space, support for a $15 minimum wage, support for the the city's possible purchase of LBA Woods, and Black nationalism.

Getting Back to Basics: Event Features Community Reskilling Workshops

Above: A reskilling event in Olympia in 2012 gathered over 150 very engaged community members to watch demonstrations on beekeeping, cheesemaking, basketmaking, candlemaking, building rocket stoves, and creating pop or beer can solar collectors.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

A hands-on, community event featuring reskilling demonstrations and workshops will be held on Saturday, September 12, 12:00 noon to 3:00 p.m. at West Central Park on Olympia’s west side. The park is located on the corner of Harrison and Division. The local bluegrass band, The Pine Hearts, will also perform. The event is free and open to the public.

The event will have short demonstrations and activities related to old-fashioned, common sense skills such as pedal-powered grain grinding, knot-tying, making and cooking on rocket stoves, seed saving, managing waste with waterless toilets, and more.

Seeing a community need for such an event, an organization called Transition Olympia founded the popular festival several years ago. Pulling together skilled, local artisans to coordinate about 15 workshops, organizer Gita Moulton says that climate disruption is one of the most, if not the most, critical issue facing our planet and our community.

“….I don't see any indication that most folks are aware of just how uncertain our future is,” says Moulton. Moulton, 83, possesses extensive knowledge of carpentry and urban farming skills including chicken raising, abundant year round food production, and effective weatherization of old homes. She is eager to share her knowledge.

“I would love to see the skills concept not only continue but expand, because I think the need for young people, especially, to learn to use their hands for something besides texting is going to be really important for their future,” says Moulton.

There are many books that review reskilling and community survival concepts, but Moulton recommends starting with The Transition Handbook: From Oil Dependency to Local Resilience by Rob Hopkins.

“….As for skills, Back to Basics: How to Learn and Enjoy Traditional American Skills is a good place to start. My copy was originally published in 1981 and was updated in 2008. It has a lot of good information on specific skills,” suggests Moulton.

Transition Olympia was based on implementing the concepts in the Transition Handbook, but is presently inactive. 

“We chose to use the funds left in its account to sponsor the reskilling event. We are not charging for event participation, so there won't be anything coming in to replace the money for future events,” says Moulton.

Moulton hopes individuals and organizations will step up to help organize future events.

Above: Sara Vautaux will demonstrate her back to basics skills with a pedal-powered grain grinding workshop at the reskilling event on September 12. Vautaux also grows her own chamomile flowers to make into tea. The chamomile can be fresh or dried, and contains relaxing properties that can calm one's nerves.

Back-to-Basics Workshops

PEDAL-POWERED GRAIN GRINDING: The hand mill using two flat stones to grind grain into flour is one of the most primitive utensils in the world. The hand crank grain mill was certainly a great improvement, but grinding grain is much easier if you are using your feet rather than your arms. Try taking turns pedaling a bike which is hooked up to a grain grinder which turns whole wheat into flour. (Sarah Vautaux)

KNOT TYING: Knowledge of knots has been useful for hundreds of years, not only for boating and fishing but for many outdoor activities. It’s also useful for emergencies. Try your hand at some of the basic knots and pick up a diagram to take home so you can practice. (Mark Bock)

COOKING ON A ROCKET STOVE: Rocket stoves are low tech, ultra-efficient, clean burning, low cost, and easy to build. The technology, which was originally designed for third world countries running out of fuel, can also be applied to heating space or heating water. Find out how to make your own simple rocket cook stove with discarded tin cans.  (Gita Moulton)

Above: Tim Thetford demonstrates the efficiency of his homemade rocket stove at a reskilling event in Olympia in 2012.

FERMENTATION: Aside from the health benefits of the probiotics in fermented foods, interest in fermentation, one of the oldest forms of food preservation, is growing today as a way to prolong the life of food and preserve its quality without refrigerating or adding chemicals. Making sauerkraut and kimchee will be demonstrated. Maybe there will be samples! (Joanne Lee)

NATURAL BUILDING: There is a movement away from conventional resource intensive building with wood to straw bale and cob construction using local renewable resources. Joseph Becker has been experimenting and will bring his Rumpelstiltskin machine to make some "insulating earth" or "light clay straw." It’s fun to watch! (Joseph Becker)

MAKING FIRE: Knowing how to start a fire without matches is an essential survival skill. You never know when you’ll find yourself in a situation where you’ll need a fire, but you don’t have matches. And whether or not you ever need to call upon this skill, it’s just really cool to know you can do it. Watch a quick and simple demonstration on how easy it is to do using just a piece of flint or quartz and a piece of carbon steel. Try it for yourself!  (Glen Buschmann and Janet Partlow)

CANDLE MAKING: How many of us are prepared with candles for light when there is a power outage from windstorms or other emergencies? Having a supply is easy if you have old crayons or candle stubs on hand. And even if you don’t, it’s easy to make your own with local beeswax. Here’s your chance to see how it’s done and give it a try.  (Scott Bishop)

PINCH POTS: A pinch pot is a simple form of hand-made pottery produced from ancient times to the present. Simple clay vessels such as bowls and cups can be formed and shaped by hand using thumb and forefinger, a basic pot making method that’s good for beginners. Try making one! She might even fire it for you if you ask. (Jen Olson)

TOOL SHARPENING: Tool sharpening can be an intimidating skill to master but it’s also an important one to learn. You simply can't do many jobs with a dull tool, and you can perform any cutting task much better and more easily with a sharp one. Watching Rama can give you an idea of how to start with maybe a kitchen knife before tackling the pruners or a hatchet. (Rama Lash)

WEAVING ON A FRAME LOOM: Weaving is one of the oldest surviving crafts. Long before looms were invented to make cloth or rugs, the concept of interlacing fibers was applied to using branches to create fences for protection or twigs to make baskets. Working on a simple frame loom, which you can easily make yourself, is a good way to explore the concept of weaving or maybe make a handbag or placemat. (Barb Scavezze)

WATERLESS TOILETS: There are many good reasons to think about waterless toilets, especially now as we continue with our drought, but primarily, they conserve water. They also manage waste on site or they can convert the waste into fertilizer. Many models, like the one Pat will show you, are available commercially, but you can also build your own. (Pat Holm)

BIKE REPAIR: Economic instability, ever-increasing climate change and the environmental risks associated with oil extraction are three of the many reasons why riding a bike is an excellent reliable alternative to driving. But it won’t be reliable unless your bike is in good working order. If you bring your flat tires or other minor adjustments or problems, Tim and Michael will help you fix them and give you good tips on tune up and maintenance. (Tim Russell and Michael Loski) 

         

SPINNING WITH A DROP SPINDLE: There is evidence that drop spindles were used to spin fiber as far back as 5,000 BCE. They were the primary spinning tool used to spin all the threads for Egyptian mummy wrappings and even the ropes for ships for almost 9,000 years! It’s a little trickier to learn to use, but a $6 drop spindle will give you yarn just as good as you can get with a spinning wheel. Try your hand at it and maybe pick up a spindle for further practice at home. (Shannon Rae Pritchard)

SEED SAVING: All domestic crops were once from wild seed which Stone Age farmers saved to protect their food supply from unfavorable climate conditions or invading tribes.  Learn how to protect the seeds that perform best on your own land with your own unique growing conditions, and protect them from corporate control. It’s not difficult. (Tanner Milliren)

For more information about the event, contact Gita Moulton, (360) 352-9351 or gitamoulton@earthlink.net.

 Above: A cheesemaking workshop with Kim Gridley at the reskilling event in 2012 was very popular.

For past stories and photos at Little Hollywood about community resiliency and reskilling events, go to www.janineslittlehollywood.blogspot.com and type key words into the search engine.

86th Annual Pet Parade

Above: Yelm Prairie Elementary students won the Best Group award today at the Pet Parade in downtown Olympia.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The weather cooperated for the 86th annual Pet Parade, which got underway this morning with music performed by the American Legion Band in downtown Olympia. 

Costumed chickens, dogs, cats, turtles, and horses walked, were carried, or rode on decorated floats related to this year’s theme of “Under the Sea.” 

It’s all about having fun, appreciating our pets, and receiving a little bit of local recognition that can last a long time in a person’s memory. A woman sitting near me on the corner of 5^th Avenue and Washington Street with her grandson recalled that she won the Pet Parade’s award for having the Smartest Cat in 1961.

After the parade, everyone went to Sylvester Park for free ice cream, pet-related goodie bags and awards in special categories. The Best Group entry was won by Yelm Prairie Elementary schoolchildren. They received a $250 gift certificate from Mud Bay Granary.

Angie Patton said she and her family, including her daughter, Ashleyn Colten, have been participating in the Pet Parade for over 20 years.

Today, they won the Judges Choice award in the Wheels Category with their float called Finding Nemo. Their toy poodles, Lexi, 3, and Sophie, 5, were Dori and Nemo, respectively, while Lola, their three year old mastiff, was Bruce the Shark. Colten said they worked about two weeks on their float and were up until 3 a.m. this morning finishing it.

As for Lexi and Sophie, the special dye used to color their fur will last for about two or three months, so if you see them out and about in the community, be sure to congratulate them on their award!

The annual event is sponsored by The Olympian newspaper, the Olympia Downtown Association, and many local businesses.

Above: Ashleyn Colten, left, with Lola, a mastiff, and Colten's mother, Angie Patton, with toy poodles Lexi and Sophie in Sylvester Park after the Pet Parade today.

National Move To Amend Speaker in Olympia

I-735 Update: Volunteers Needed 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

David Cobb, 2004 Green Party presidential nominee and spokesperson for Move To Amend, will be speaking on behalf of Initiative 735 on Wednesday, August 12, at 7:00 p.m. at Traditions Cafe, 300 5th Ave SW in downtown Olympia.

The event is sponsored by local organizers of the Washington Coalition to Amend the Constitution (WAmend), who seek to make Washington the 17^th state to ask that Congress pass a 28^th Amendment to overrule  the US Supreme Court decision in Citizens United v Federal Election Commission.

Issues to be discussed include ending corporate personhood and the corporate control of our government and the implications of the campaign to overturn the court decision.

“Getting enough signatures for I-735 on the ballot is not yet assured…we are close to where we want to be…but, still, just a little behind schedule,” said local WAmend campaign organizer Michael Savoca.

More than 100 active signature gatherers throughout the state have brought in 100,000 signatures to date. The campaign does not have any paid signature gatherers.

“Sadly, as hard as these volunteers have worked, they need to substantially increase their efforts in the remaining months for us to make it over the finish line in time. We need more volunteers, especially people who would be willing to take even just one or two petitions and leisurely let friends and family sign, over the next month or two,” said Savoca.

The campaign is required to submit 250,000 valid signatures by December 30th 2015.  To ensure 250,000 valid signatures are submitted, the group must gather over 300,000 signatures.

While that deadline seems far away, seasoned organizers know that, realistically, volunteers do not want to gather signatures in the rain and will be distracted by Thanksgiving and the rest of the holiday season. 

“We need help so that I-735 can succeed, and thus we can end corporate rule, and have “government of the people... by the people…. and for the people,” said Savoca.

For more information about the event and local I-735 campaign efforts, and to obtain initiative petitions, contact Michael Savoca at masavoca@fairpoint.net or (360) 951-6518.

For past stories about getting big money out of politics, see articles at Little Hollywood, www.janineslittlehollywood.blogspot.com. An article on February 7, 2015 explains the difference between an initiative to the Legislature and an initiative to the people.

Local Land Use Updates: Oak Tree Preserve and Grande Terrace

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Two unrelated local land use cases recently covered by Little Hollywood have seen schedule changes.

Oak Tree Preserve

A decision by Thurston County Commissioners about the proposed Oak Tree Preserve housing development in unincorporated Thurston County was expected July 8, but that date was changed to July 31, with the permission of both parties. 

The Thurston County Commissioners held a hearing about the case on June 23. The case before the commissioners is an appeal of a decision by a hearing examiner who approved the developer’s preliminary plat.

The developer, Oak Tree Preserve, LLC, proposes to subdivide 258.5 acres into 1,037 single family homes in Lacey’s urban growth area. The property contains Thurston County’s largest intact stand of Oregon white oak, a state-protected priority habitat.

The county commissioners asked the parties in early July for an extension until July 31 to issue their written decision on the appeal. In their request, they cited reasons due to the numerous motions that have been filed by the parties, the complexity of the issues, and the individual and collective schedules of the commissioners.

The parties will be notified and the decision will be posted on the county website as soon as it is received, at www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.htm, said county land use clerk Cami Peterson in a voice mail to Little Hollywood this morning.

Grande Terrace Wedding and Event Venue

In the Olympia case involving a downtown Olympia wedding and event venue, a hearing scheduled for July 30 has been cancelled.

The Grande Terrace on Capitol Lake venue operator, Bart Zier, had been operating his business at 915 Deschutes Parkway in an area zoned residential without a permit. Even when issued temporary use permits, Zier had violated the terms of the permits and multiple city codes on several occasions. 

Zier withdrew his request to the city for a conditional use permit on July 8 and instead requested a temporary use permit to conduct six events in August and September. He is also requesting a grading permit to retroactively approve construction work previously done on the property, such as the pad on which a large tent structure had been erected.

Concerned community members and neighbors have written city staff, asking the city deny Zier’s new request, citing numerous city, state, and federal codes and regulations.

In a telephone interview this morning, senior City of Olympia planner Cari Hornbein said she expects to issue a decision on the permit by the end of this week. City staff conducted a site visit of the property last week, said Hornbein.

In May, Little Hollywood contacted several brides-to-be whose summer weddings were known to be scheduled at that location, and informed them of recent developments regarding the venue.

For more information about these two cases, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

  

Oak Tree Preserve Case: Commissioners Hear Appeal; Romero Recuses Herself

Above: The Thurston County Commissioners held a hearing today at 4:30 p.m. at the Courthouse about the proposed Oak Tree Preserve housing development. The case before the commissioners is an appeal of a decision by a hearing examiner who approved the development's preliminary plat.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The Thurston County Commissioners heard brief oral arguments from both sides of the proposed Oak Tree Preserve land use case in a hearing this evening that lasted just slightly over an hour. A standing room crowd flowed out into the hallway.

The case before the commissioners is an appeal of the May 5 decision by Thurston County hearing examiner Sharon Rice, who approved the preliminary plat for a massive housing development in Lacey’s urban growth area.

The proposed development on Marvin Road is partially bordered by the Burlington Northern Railroad and would subdivide 258.5 acres into 1,037 single family homes and remove 36 out of 76 acres of Oregon white oak habitat. Oregon white oak is a state-protected priority habitat.

The appellants claim the project, as currently planned, is in violation of the county’s critical areas ordinance. They want the case sent back to the hearing examiner so that additional evidence may be added to evaluate the functions and value of white oak habitat and, if any of the acreage can be saved, what mitigations should be used.

In a land use case that is constantly charting new territory, Commissioner Sandra Romero recused herself from the case after the developer’s attorney took issue with her disclosures that she has had ex parte communications with citizens within her district. 

The Oak Tree Preserve property is located in Romero’s district. In her opening comments, Romero stated that she had met with citizens over five years ago, in February 2010, regarding traffic concerns and the development proposal for that location at that time. A second interaction was in October 2014, again, with citizens concerned about traffic issues, and the third was when a citizen recently emailed her wanting to discuss the current case. That individual was told she could not discuss the case.

Romero also said that she attends, almost every year, the Black Hills Audubon Society annual dinner, which is a fundraiser. She said she does not believe she’s been to a Blacks Hills Audubon Society meeting. The Black Hills Audubon Society is one of the appellants of the current case before the commissioners.

Romero said that she did not believe that any of these interactions would interfere with her ability to make an impartial decision in the case. 

Commissioners Bud Blake and Cathy Wolfe each stated that they have not had any ex parte communications, and each stated that they plan to make site visits to the Oak Tree Preserve property.

The applicant’s attorney asked Romero to recuse herself from the case.

Elizabeth Petrich, prosecuting attorney for the county, said that in her opinion, there was no technical violation of the appearance of fairness doctrine since all Romero’s communications with citizens occurred before the appeal was submitted. 

Petrich said that if Romero did choose to recuse herself, she should stay in the room and hear the case due to a rule called the “doctrine of necessity” - if in the case of a lack of a quorum on the commission or there’s a split vote in the decision, then Romero can cast a vote.

Romero said that she did not want to delay the hearing and recused herself from the case.

“I kind of anticipated that this might happen and even though I don’t like it, I’m going to recuse myself and I just think it’s a sad state of affairs when a commissioner can’t meet with constituency even though you don’t even have any inkling that there’s going to be an appeal, so, but…to move forward, it’s in the best interest to recuse myself,” said Romero.

Giving something to each side in quick form, Commissioner Blake made three motions on the procedural issues before the commissioners, all seconded by Wolfe, that:  1) denied the appellants request to add county planning manager Mike Kain’s August 26, 2013 email to the record; 2) denied the project applicant’s request to strike from the record the Washington State Department of Fish and Wildlife’s (WDFW) comment letter of June 2, 2015; and 3) allows both parties to submit new evidence establishing or disputing wildlife observation information submitted by Curtis Wambach, a biologist for the developer.

The commissioners gave the developer a deadline of June 24, 5:00 p.m. to submit a declaration by Wambach. The commissioners gave the appellants a deadline of June 25, 5:00 p.m. to respond to the developer’s information, if they file any.

County Email to Oak Tree Preserve Developers

The recently discovered August 23, 2013 email from Mike Kain, county planning manager, to Kevin O’Brien of Oak Tree Preserve, clearly informs O’Brien and others of Fish and Wildlife’s position, as well as the county’s, early on in the process:

“The preliminary recommendation of WDFW is that all oaks in all areas except in area 4 be saved….” The email describes exceptions and mitigation for the loss of oaks in that area and for roads.

Indicating that something went awry in the relationship between the county and WDFW between 2013 and the present, the email continues:

“…The WDFW recommendation will be the County’s recommendation to the Hearing Examiner. After review, WDFW could not recommend saving just the best 50% or 67% of the oaks. WDFW believes the entire linear oak grove formed by areas 1A, 1B, 2 and 3 is valuable habitat and should be preserved. The County Code also lists avoidance as the first priority in the protection of critical habitat. In this case, it is clear that avoidance of critical habitat is possible. This is a preliminary recommendation by WDFW, and therefore also of the County….”

Appellant Argument

Liz Lyman spoke for the appellants, who were not represented by an attorney.

“The appellants are not asking you to deny the project or to change the examiner's findings and conclusions. Why are we asking a remand? Because the record on which the hearing examiner based her decision is incomplete and inaccurate; your 2009 Critical Areas Ordinance on important habitats requires the developer to submit a wildlife study and to determine the impacts of the development on the wildlife habitat - the developer has not done this. It only looked at two species, the Western gray squirrel and Mazama pocket gopher….the developer submitted a habitat management plan that is incomplete and misuses science to evaluate its mitigation measures. The developer then concludes erroneously that there will be no net loss of the oak habitat's ecological function.”  

She detailed the appellants concerns for each of her points.

Regarding the methodology of how the oaks were graded based on their condition, Lyman said, “The developer claims that its habitat management plan preserves the best oak stands. This simply isn't true. Is cutting down the second best quality oak stand and leaving behind a two acre residential park that's fated to die - is this what you believe your critical areas ordinance means by protecting and preserving critical wildlife habitat,  or by avoiding and minimizing impacts?”

In conclusion, Lyman said, in part, “….Remanding gives the citizens of this county some assurance that the county's decision on what is preserved and what is removed of this largest remaining oak habitat in Thurston County will be based on fact, and not fiction….”

Applicant’s Argument

In his remarks, the developer’s attorney, Patrick Mullaney, discussed issues of balance, rationality, and fairness.  He said that this case has been unpredictable for his client and that the Washington State Department of Fish and Wildlife has “waffled all over the place as to what it wanted in oak habitat preservation.”

He said that by agreeing to a 55% set aside of oak habitat, which he said is far more than any other plat that has been approved under the 2009 version of the Critical Area Ordinance, the developer “foregoes the development of 131 lots with a cost of $3.2 million, so it has made a substantial commitment to environmental mitigation.”  He said 100% oak habitat preservation, at a loss of 323 lots, would cost the developer $8 million, rendering the project unfeasible.

He cited several federal land use court cases to support his arguments about the “rational relationship between mitigation and a specific impact to the proposed development.”

Lastly, he said, “If there’s any bad actor in this case, it’s the Washington State Department of Fish and Wildlife, because they had years to look at this habitat management plan....”

The Washington State Department of Fish and Wildlife is not an appellant in this case.

In her rebuttal, Lyman responded, in part, that Mr. Mullaney always conflates the appellant’s position with the WDFW’s position, and the appellants aren’t asking for 100% preservation of the oak habitat.

When Commissioner Blake asked a follow up question about the Washington State Department of Fish and Wildlife’s position, and whether they are using 100% as a part of the appellant’s position, she clarified WDFW’s position, saying they would like 100% preservation, except for unavoidable impacts.

“….Basically, the position in our critical areas ordinance is the same….Yes, there is mitigation sequencing…but avoidance has a special place in the ordinance ….so obviously when you’re building roads and houses, you’re going to have impacts.”

When Commissioner Blake again asked the same question, Lyman responded, “I’m not sure that’s really relevant to us. Basically, our position is that nobody has the answer because there’s no information about that (due to the lack of a wildlife habitat study) , so, quite frankly, WDFW doesn’t have that answer either….”

The commissioners said that they will issue a written decision on the case by July 8.

For several past articles about the Oak Tree Preserve land use case, go to Little Hollywood, www.janineslittlehollywood.blogspot.com  and use the search button to type in key words.

Above: After today's hearing, interested folks crowd around a projected image of the proposed Oak Tree Preserve development in Lacey's urban growth area.

County Commissioners to Hear Proposed Oak Tree Preserve Development Case

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The Thurston County Commissioners will discuss the merits of a citizen appeal of the proposed Oak Tree Preserve development at a hearing open to the public on Tuesday, June 23, 4:30 p.m., Building 1, Room 280, at the Thurston County Courthouse, 2000 Lakeridge Drive SW, Olympia. 

The Oak Tree Preserve plat appeal hearing follows the commissioner’s regularly scheduled commissioner’s meeting. Only those who are party to the case - the developer and those who appealed the hearing examiner’s approval of the project – may speak at the hearing.  Each party’s argument will be limited to 15 minutes.

Although the county is a party of record, it is unclear to Little Hollywood if the county is considered to be a party to the appeal. A joint motion issued by the county and the developer in early June seems to further blur the line between the county’s role and the developer’s goals and objectives.

A group of Thurston County citizens and the Black Hills Audubon Society are challenging Thurston County Hearing Examiner Sharon Rice’s approval in April of the proposed Oak Tree development in the City of Lacey’s urban growth area of Thurston County. The group says that the subdivision plan would destroy a vital wildlife habitat and is in violation of the county’s critical area ordinance.

The proposed development on Marvin Road is bordered by the Burlington Northern Railroad and the McAllister Park and Evergreen Estates subdivisions in unincorporated Lacey, and would subdivide 258.5 acres into 1,037 single family homes, said to be the largest in the county’s history. 

The development site is home to the largest remaining Oregon white oak habitat in Thurston County.  Oregon white oak is a state-protected priority habitat.  The proposed development would destroy almost half of the 79 acres of Oregon white oak woodlands on the site.

Thurston County Hearing Examiner Sharon Rice decided in favor of the preliminary plat and the Thurston County Resource Stewardship Department staff supports the hearing examiner's decision. The decision was appealed in May by citizens Bonnie and Bob Self, Donald and Liz Lyman, Lisa Carroll, Bill Koopman, Liz Kohlenberg and the Black Hills Audubon Society.

The appeal contends that the subdivision plan violates Thurston County’s critical areas ordinance and that it should be remanded to the hearing examiner. The group argues that the subdivision’s preliminary plat:

1)      Does not include the required study of wildlife that is associated with oak woodlands, even though the county ordinance says protection of wildlife is the most important function of the priority habitat.  The developer’s expert admitted in her testimony that a wildlife study was not done, and said: “It was my understanding that a wildlife study was not required at that time.”

2)      Misuses science to conclude that the habitat function of the woodlands will be the same after development as before – even when the development destroys almost half the woodlands, bisects what remains with a road, and surrounds it with a dense housing development. State law requires the use of best available science in development regulations – and this was not best available science.

Late Breaking News

The appellants, who include two former county planning commissioners and several retired scientists, have asked that the project be remanded back to the hearing examiner.

Today, the appellants filed a document in support of its earlier motion that asks the county commissioners to allow new evidence that the appellants discovered after the hearing examiner closed the record. That motion is being opposed by both the developer's attorney and the Thurston County Resource Stewardship Department’s counsel, Rick Peters.

In a June 3 response to the appeal, Peters claimed that Thurston County code does not allow the record to be supplemented, that the appellants do not have standing to challenge the hearing examiner's decision, and that part of the appeal should be denied and/or dismissed on procedural or substantive grounds.

“No argument provided by appellants should invalidate the findings and conclusions of the hearing examiner,” says the letter by Peters.

The Washington State Department of Fish and Wildlife (WDFW) is not a party to the Lyman appeal, but in a June 2 letter to the commissioners, habitat biologist and environmental planner Theresa Nation said the department concurs with the appellant’s analysis of the errors in the evaluation of impacts to oak woodlands.

“We agree that the assessment of the impacts to oak woodlands was flawed and inconsistent with best available science. We agree that an accurate assessment of the impacts and adequate mitigation measures are necessary….” wrote Nation.

“….In support of Governor Inslee’s Results Washington initiative, WDFW tracks and reports the status of oak woodlands statewide. The Results Washington goal is to lose no more than 31 acres of oak woodlands annually throughout all of Puget Sound. This one proposal would cause losses well beyond the annual sound-wide goal,” wrote Nation. She went on to say that the appellants in this case have requested a reasonable solution to the serious issues brought forth in their case.

County-Developer File Joint Motion

A joint motion filed on June 8 by the county Resource Stewardship Department and the development applicant, Oak Tree Preserve, LLC, asks the commissioners to strike from the record the June 2 letter from Nation, which is posted on the county’s website. The motion says that the Washington State Department of Fish and Wildlife is not a party to the appeal, and should be considered as new evidence.

However, the county's appeal process, outlined in a notice dated May 20, specifically allows all parties of record, not just the parties to the appeal, to respond to the appeal by the deadline of June 3.

Theresa Nation, representing the Washington State Department of Fish and Wildlife, is among those listed on the county's master list of parties of record.

The joint motion by the county and Oak Tree Preserve to strike WSDFW’s response to the appeal raises questions and it could be considered odd that the county and the developer would issue the joint motion.

Although the public cannot speak at Tuesday’s hearing, witnesses to the hearing can learn about the land-use case first-hand by observing the local process.

“The fate of these oak woodlands, the wildlife and the quality of life in Thurston County hangs in the balance,” said Liz Lyman in an interview today.

Full Disclosure: Janine Unsoeld is listed as a party of record for providing testimony at the March hearing on behalf of the board of the South Puget Environmental Education Clearinghouse (SPEECH). She nor SPEECH is a party to the appeal.

For more information about the proposed Oak Tree Preserve development, including pictures of the site, see several stories at Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search button.

For Thurston County’s information about the case, go to http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.htm