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GUEST COLUMN BY JAY KIMBALL |
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Wolf in Sheep's Clothing - Revealedposted 04/24/
For those of you watching the issue in the papers the past few weeks, the truth is out - the latest revision bans guesthouses, offers nothing for affordable housing, and lest we forget, is partnered with an agreement that San Juan Prosecuting Attorney has said is "illegal " and neither the Council nor the "Friends" have been able to refute. In what Councilman Ranker referred to as their "local solution ", the Council stands ready to deliver the big guesthouse giveaway to their "Friends". As the playwright George Bernard Shaw said, "A government with the policy to rob Peter to pay Paul can be assured of the support of Paul. " This issue has been driven by the "Friends" leadership and litigants, who have their own guesthouses/cottages/studios and seem to want to "pull up the draw bridge " now that they have theirs. It has all the appearance of elitist hypocrisy. Here is a Council that was about to see the county prevail in their multi-year litigation defense against the "Friends". At the 11th hour Kevin Ranker and Alan Lichter pulled the case from the courts and, working with their "Friends", dashed together 80 paragraphs of building code changes and an illegal settlement agreement. How ironic that our own county government would shoot itself in the foot on an issue it fought so hard for. Those must be some pretty good "Friends". Numerous editorials in the local papers have outlined the conflicts of interest each member of the Council has with the "Friends", as they ramrod the "Friends" agenda through. Now while Ranker, Lichter and Myhr have been catering to their "Friends" needs, guesthouse supporters filed an Amicus Brief with the courts asking that the court decide the case. It caught the Council off guard and they panicked. The Council hastily accelerated the public hearings from May into April, and the "Friends" dashed together a counter to the Amicus Brief that gives the courts the impression that it is a "done deal" and asserts the County Council has "scheduled a vote to adopt the ordinance on April 25th." Really? How did the "Friends" get this inside information, and why is the Council rushing what is one of the most contentious issues they face? If we read the public announcements about the hearing, there is no indication a decision will be made. It says the hearing is to afford the public the opportunity to comment. You would think that the Council would want to hear from the public, ponder their concerns carefully, speak to the issue and have a dialog with the community. It would be nice if they took the time to visit each island, convene a community meeting and explain to the public why it takes 80 paragraphs of building code changes to make their "Friends" happy. At the last Council hearing on the subject, Councilman Ranker expressed worry about the Amicus Brief and prodded Attorney Randy Gaylord to do something about it. Ranker also tried to suppress the dissenting opinion of the Planning Commission that called in to question the validity of the process and findings. Clearly the Council is afraid of the courts. And the Council's attempts to repress dissent signal the weakness of the Council's case and their fear the public will catch on to it. By not letting the courts decide, the Council is dooming the county to more endless litigation. Letters and emails to the Planning Commission during their review of the issue favored guesthouses 4 to 1. I spoke with the Council's administrator and judging from the emails and letters, she says it is the hottest issue before the Council. With so many people in the county affected, and with such gross mishandling by the Council, the Council's "local solution " will rapidly escalate into major litigation. The only hope for a fair and balanced conclusion to this issue is to have the court decide the case. There is a petition going around asking the Council to do that. You can download a copy at www.OrcasStyle.com. And as I am writing this, I just received notice that the courts have reviewed the guesthouse supporters Amicus Brief and find the brief raises a "substantial issue ". If you care about this issue, the thing to do is to show up at the Council room on April 25th at 2:30 pm. You don't need to say anything. There will be plenty of people there for that. What is important is that the Council know we are concerned and are watching. I checked the weather for that day, and the forecast calls for a beautiful day of democracy in action. Jay Kimball A Wolf In Sheep's ClothingJay Kimball of Orcas Island posted 12/08/05
I mention this because I just finished reviewing the Board of County Commissioners proposal for changes to the Accessory Dwelling Ordinance and Settlement Agreement with the Friends of the San Juans. It is the most recent attempt by Alan Lichter and Kevin Ranker to limit guesthouse freedoms. I read it four times. With each reading the subtle convoluted detail sharpened through the bureaucratic fog. It is a mishmash of backroom special interest gobbledygook. It is a wolf in sheep's clothing. It is a kludge. Alan and Kevin and Friends of the San Juans are positioning it as a "compromise" - acceptable to all parties. I would ask you to read it carefully and see what you think. This is a complex pair of documents. I suspect Alan and Kevin spent long hours crafting them. These guys worked very hard, but for whom are they working? In a memo recently made public regarding the proposal and the agreement, San Juan County Prosecuting Attorney Randy Gaylord gave his best legal counsel to Alan and Kevin. He wrote: "The Friends of the San Juans would be consulted, and in doing so, it is private people who would be directing the legislative process in a manner that is contrary to public policy. Moreover, this approach unnecessarily - and illegally - restricts the power of the commissioners." Randy Gaylord went on to warn: "Such an agreement makes a mockery of public process, … the Friends have gained additional leverage in the public process that no other citizen will have. This the law does not allow." The proposal and agreement are not only a kludge. They are illegal. If the commissioners had followed the advice of the Prosecutor, today we would have a decision from the appeals court and we would have clear direction on how best to proceed. I have posted a copy of the commissioner's proposal along with the memo from Randy Gaylord at www.OrcasStyle.com. I urge you to read these documents carefully. I believe the proposal will result in reduced property rights, increased bureaucracy, increased litigation expense, increased planning/permitting process cost and delays, and deep frustration for our already demoralized permit and planning people (who are sick of this political whipsawing). Last year the Environmental Protection Agency gave the city of Santa Cruz the coveted Smart Growth Award for their innovative work with ADUs. While their leaders are innovating, we are moving backwards. We can do better. There are several things worth doing about this. First, there will be a citizen's informational gathering on December 14, from 7 to 9 pm, at the Orcas Fire Hall in Eastsound. Second, you can also call the San Juan County Guesthouse Hotline at 376-7327. Third, the commissioners are required by law to have public meetings on this proposal. You should attend the first meeting of the Planning Commission on December 16th in Friday Harbor. Additional meetings are planned, so keep an eye out in the paper for the public notice. A measure that would make the Guesthouse Proposal obsolete, House Bill 2323, is moving through the state legislature. Please lend it your support by calling or writing representatives Jeff Morris and Dave Quall and urge them to adopt the bill this session, as written. I should mention that I am a Democrat, voted for both Alan and Kevin, and support them and the Friends of the San Juans in much of the good work they do. That said, on the guesthouse issue, Alan and Kevin's 11th hour attempt to circumvent the judicial and legislative process is a cynical attempt to undermine the people's will, and that is undemocratic. When faced with the fact that people voted in favor of the guesthouse ballot measure 3 to 1, it is said that Alan Lichter brushed off the results with the comment "The voters didn't understand the question." Perhaps Alan and Kevin don't understand the answer. |
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