LOTT: Water Revolution Will Now Be Televised

LOTT: Water Revolution Will Now Be Televised

water quality  

Above: LOTT Clean Water Alliance board meetings will be televised starting next month, and the LOTT board members and Karla Fowler, LOTT Community and Environmental Policy Director, are ready for their big screen debut. LOTT and Thurston Community Television (TCTV) held a practice run with camera angles and technical fine tuning at Wednesday night’s LOTT Clean Water Alliance meeting.

Fowler, who joined the LOTT staff in 1996, is scheduled to retire from her position in July 2016. The community relations department is currently being reorganized as selection processes are underway for a public communications manager and an environmental project manager. New websites for LOTT and the WET Center will also be unveiled in 2016.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Lights! Camera! Action! At long last, the local water revolution will be televised starting next month when LOTT Clean Water Alliance board meetings and activities will be televised.  

Not only will there be plenty of technical bathroom talk about biosolids, reclaimed water, and total maximum daily loads, community members will also learn how the LOTT board of directors spends millions of dollars per year to maintain the region’s massive wastewater system.

Installation of the necessary equipment began in October, and four cameras will provide video and audio recording capabilities in the LOTT board room, training room, and classroom to serve a broad range of public events. 

The video equipment installation cost $168,375. The two year contract not to exceed $60,000 allows for Thurston Community Television (TCTV) coverage of LOTT board meetings and other events held by LOTT.

Meetings will not be televised live, but are expected be available the next day through the LOTT website. Work sessions are not currently scheduled to be televised, but TCTV executive director Deb Vinsel said the recording of work sessions would easily fit into the budget contract already created between LOTT and TCTV.

Meetings will also be broadcast on TCTV on a schedule that has not yet been determined on local Comcast channels 3 and 26.

Meetings and events other than LOTT’s could also be documented, and those entities would contract separately with TCTV for services, said Vinsel.

Vinsel said the LOTT meetings will be the first governmental entity broadcast in high definition in the county. The City of Olympia council meetings are expected to experience the next technical upgrade, scheduled for about June, 2016.

The work session and board meeting on Wednesday was taped as a practice run while LOTT board members discussed protocols as TCTV staff worked out the bugs regarding lighting, camera angles and microphone positions. 

Vinsel asked the LOTT board to ask its legal department for clarification and definition of “official record,” as Vinsel said the public sometimes contacts TCTV for meeting videos. 

Vinsel explained that TCTV simply documents meetings and is not a news agency. There is no ‘editorializing’ with the cameras, meaning they do not change camera angles to catch the reactions of individual speakers, for example, nor do they edit video.

The next LOTT Clean Water Alliance Board meeting, which will be video recorded and televised, is January 13, 2016.

LOTT Has A Lot of Business To Cover

The LOTT Clean Water Alliance operates a complex system of facilities worth an estimated $750 million and televised meetings will help increase the transparency and public oversight of staff activities and LOTT board decisions. 

The LOTT Board of Directors consists of four elected officials, one from each of the partner jurisdictions – cities of Lacey, Olympia, and Tumwater, and Thurston County. These positions are currently held by Cynthia Pratt, City of Lacey, Steve Langer, City of Olympia, Tom Oliva, City of Tumwater, and Sandra Romero, Thurston County.

The Wednesday night meeting was Langer’s last meeting, as he is leaving the Olympia City Council at the end of his term this month. City of Olympia councilmember Julie Hankins, his designated alternate, may take his place, and was present in the audience Wednesday night.

LOTT staff members are organized under four division directors who report to the current executive director, Mike Strub.

Wastewater treatment is an expensive business and infrastructure costs are huge. With 76 full-time positions, LOTT treats an average of 13 million gallons of wastewater each day.

LOTT’s assets include the Budd Inlet Treatment Plant, Budd Inlet Reclaimed Water Plant, Martin Way Reclaimed Water Plant, Hawks Prairie Reclaimed Water Ponds and Recharge Basins, and three major pump stations. 

LOTT serves over 52,000 acres within the Lacey, Olympia, Tumwater urban growth area. LOTT also owns and maintains 28.3 miles of sewer interceptor pipelines, and 10.7 miles of reclaimed water pipelines. The three cities own and maintain 53 miles of sewer collection system pipelines, which convey wastewater to LOTT's interceptors.

LOTT Budget

Very few members of the public attend LOTT meetings, even when it comes to the review of a multi-million dollar budget. Currently, the public can physically attend a meeting, listen to audiotapes of meetings on the website, and read meeting minutes to keep up with regional wastewater system projects.

In October, the board conducted a public hearing on the proposed 2016 Operating Budget, 2016 Capital Budget, and 2016-2050 Capital Improvements Plan. Board President, Olympia city councilmember Steve Langer, opened the public hearing at 6:41 p.m. and closed the public hearing at 6:42 p.m. because there was no public testimony.

And so, the LOTT Clean Water Alliance board of directors approved the 2016 combined Operating and Capital Budget in the amount of $39,941,715, an increase of about four percent over the current 2015 budget. 

The Operating Budget contains all the costs necessary to operate LOTT’s wastewater and reclaimed water facilities and administrative functions. The 2016 budget includes $11.8 million for operations and $8.9 million for debt payments.

The 2016 Capital Budget was approved in the amount of $19,190,920. The Capital Budget includes costs necessary to construct new facilities and upgrade, replace, and rehabilitate existing facilities.

 

The board also approved the 2016 - 2050 Capital Improvements Plan which identifies $89 million in projects anticipated through 2021. The 2016 Capital Budget is about 22 percent of that total, at $19.2 million.

 

In case of emergencies, LOTT maintains approximately $10.8 million in reserves in the bank. 

Reclaimed Water

LOTT has many ongoing projects of concern to the public, including a large-scale upgrade project for the Budd Inlet Treatment Plant and several projects related to reclaimed water.

A five year Reclaimed Water Infiltration Study, now in its third year, is examining the potential risks of infiltrating reclaimed water into groundwater. Reclaimed water contains residual chemicals from medicines, personal care products, household cleaners, fertilizers, and more.

The study’s activities for 2016 include extensive field data collection and analysis. LOTT has hired a firm to do water quality sampling at the Budd Inlet and Martin Way Reclaimed Water Plants, groundwater sampling in the Hawks Prairie and Henderson Boulevard areas, a tracer study involving sampling work in and near the Hawks Prairie infiltration site, surface water sampling in select water bodies, and analysis of potential risks to public and environmental health. 

A citizen advisory group to the study was next going to meet in early December, but that was postponed.

“We do not have a date yet for the next meeting. We will be sending out a project update soon to the study list serve, but may not call the advisory group together for a meeting until early spring, when we have more data to share,” said Lisa Dennis-Perez, LOTT public communications manager, earlier this week.

Reclaimed water has been in use throughout the region for 10 years and is currently being used by the State of Washington at Heritage Park and Marathon Park, the Port of Olympia, City of Olympia at Percival Landing Park, Hands On Children’s Museum, East Bay Public Plaza, and the City of Tumwater at the Tumwater Municipal Golf Course.

Potential new uses over the next five years include irrigation of the Capitol Campus, which could utilize up to 250,000 gallons of reclaimed water a day.

In Lacey, the Woodland Creek infiltration facility is now in operation and LOTT is now developing a Deschutes Valley reclaimed water system master plan on 45 acres onthe former brewery property in Tumwater. This project is anticipated to begin in 2029 at a cost of about $50,600,000.

The Washington State Department of Ecology, in conjunction with the Department of Health, has been working on the development of a Reclaimed Water Rule since 2006 and LOTT has been a participant from the beginning.

Since both of LOTT’s reclaimed water permits are due for renewal in 2016, LOTT is likely to be among the first utilities affected by the new rule, which is expected to be adopted by the end of the year.

Growth and the Bottom Line: Your Utility Bill

If you are a homeowner or renter in Lacey, Olympia, or Tumwater, the wastewater service charge on your utility bill is broken down into the city’s wastewater fee and LOTT treatment. This charge funds the operating budget and the portions of the Capital Improvements Plan (CIP) that involve system repairs and needed upgrades.

The 2016 budget includes an increase of $1.08 in LOTT's monthly service rate from $36.06 a month in 2015 to $37.14 per month in 2016. This is a three percent increase to cover inflation.

The fee for connecting new customers to the sewer system has also increased from the current rate of $5,136.38 to $5,354.57, to cover inflation and support large-scale capital projects.

This fee, called a capacity development charge is paid when users hook up to the sewer system, and it is the primary funding source for projects that increase system capacity for new growth.

LOTT Looks Forward

Special meetings are occasionally held to share and discuss significant program and capital facility changes and challenges that are likely to face LOTT and its four partner jurisdictions.

After Wednesday's board meeting, Kelsey Browne, LOTT community relations program assistant, said she hopes the public is able to take advantage of learning more about LOTT, and lamented that the Septic Summit 2 meeting held in April was not televised.  

According to the forum minutes, seventeen elected officials were present. The first Septic Summit was held in 2011.

“We had three city councils, county commissioners, agency public information officers, and citizens here for a forum to discuss urban density septic systems. It was a full house. It just illustrated to us how we were held back by not having it televised,” said Browne.

Editor's Note: This article was originally published on the evening of December 13. Significant corrections were made to budget numbers and LOTT assets on December 14 after an article review by LOTT staff. Little Hollywood apparently used 2015 budget figures instead of 2016 numbers and regrets the errors.  

For more information about LOTT, or to get on their Reclaimed Water Infiltration Study email list, go to the LOTT Clean Water Alliance website at www.lottcleanwater.org. LOTT is located at 500 Adams Street NE, Olympia.

For more information about LOTT, the Reclaimed Water Infiltration Study (formerly called the Groundwater Recharge Scientific Study), compounds of emerging concern, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search engine button.

Above: LOTT board meetings and the water revolution of South Puget Sound will be televised starting in 2016, thanks to the technological skills of staff at Thurston Community Television (TCTV).

Man with a Gun: A Night in the Life of an Olympia Police Officer

Man with a Gun: A Night in the Life of an Olympia Police Officer

westside  

Above: Olympia Police Department Officer Jeff Davis on walking patrol in downtown Olympia last Saturday night.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The whistle blows, and the time between 5:00 p.m. into the wee hours in downtown Olympia becomes a time of transition.

If it’s a weekday, people are typically getting off work and going out to eat. On any day of the week, the same crowd or new folks may arrive to go to live shows or the theater.

Later, a different crowd arrives for nightclubbing, music events, and bar hopping. The clientele and the mood shifts, and certain activities escalate. Risk factors go up after 11:00 p.m., often due to excessive alcohol use, and people may do things they ordinarily wouldn’t do.

Six officers work the night patrol in Olympia, one each in the neighborhoods: downtown, northeast, southeast, southwest, northwest, and a roving car.

Because of recent events, such as the officer involved shooting of two men on May 21 and subsequent demonstrations, the department brings in five extra officers on Friday and Saturday nights.

Neighboring agencies such as the Thurston County Sheriff’s Department, Tumwater, Lacey, and the Washington State Patrol are available to assist as needed.

Lt. Aaron Jelcick of the Olympia Police Department says that this mutual aid agreement has been needed four to five times in the last four to five weeks.

To learn more about Olympia Police Department activities, Little Hollywood shadowed Olympia police officers Jeff Davis and Kory Pearce on Saturday night, September 12. 

I learned that an evening on patrol can change quickly, from routine smiles and handshakes, to a “hot” call from dispatch: a man with a gun.

A Busy Saturday Evening

Meeting Officer Jeff Davis at the Olympia Police Department, we start our walk around downtown shortly after 7:00 p.m.

Standing 6’3'', and weighing 260 pounds, Officer Davis, 36, lives in Lewis County and has worked for the department for nine years. Previously, he worked for the U.S. Coast Guard for four years conducting law enforcement on the water and has traveled around the world.

With two new officers sworn in last week, Officer Jeff Herbig was promoted to sergeant and Officer Davis replaced him on downtown walking patrol.

Asked how he prepares for work - five days on, four days off – Davis says he appreciates his 45 minute commute to mentally prepare to do the job.

“You never know what’s going to happen….”

Davis has no particular route, but knows where the hot spots are and checks them out. We head for the artesian well on Fourth Avenue.

Greeting many individuals by name all night long, Davis uses a friendly-sounding, random combination of phrases: ‘Hello, how are you, what’s going on? Anything I need to know about?’ In return, they greet him by name, all smiles, and sometimes give him a verbal tip or two about what’s going on.

Folks around the well immediately ask Davis for stickers, but he tells them he worked Olympia High School’s Spaghetti Bowl the night before and gave out all his stickers and glow sticks. They are bummed.

Eleven minutes into our patrol, as we walk past The Pet Works, Davis is approached by a young man who tells him that a man is having a seizure or something on the sidewalk, and points to the area near the corner of Fourth and Adams.

Davis calls it into dispatch, calmly waits for the crossing signals, and then approaches the scene. Onlookers surround a man in his thirties seated on a stool. A woman is standing near him, holding up his head. Davis puts on blue gloves, and speaks softly, asking a series of questions typical for a first responder. 

Two more officers, Officers Hirotaka and Reisher, arrive out of nowhere and stand by.

After a few minutes, the man snaps out of his state. He says he is a veteran with post traumatic stress disorder issues and the woman is his girlfriend. He refuses further assistance and we move on down Fourth Avenue.

Two women are trying to take a selfie with the “I love Olympia” mural as a backdrop and Davis offers to take the picture for them. He does so, and they love it.

We walk down Washington Street, stepping over several inebriated men lying on the sidewalk outside Caffé Vitta. Public inebriation is not a crime, Davis explains, but some businesses are more tolerant than others about people lying in front of their businesses.

Davis speaks with a couple of men sleeping in front of Furniture Works. We stop in the Alano Club on Olympia Avenue and chat with patrons, ask how things are going, and then walk towards Percival Landing.

Walking firmly ahead of me, Davis sees something and approaches two young men in the alley behind Zeigler’s Welding, announces his presence, and asks what they are doing.

“Just passing through!” one man says, and quickly darts off. He never looks back.

“Good answer!” Davis yells after him. Davis speaks to the other man, who gathers up his things and moves along, as do we.

Often, people approach Davis to shake his hand and thank him for being out and about or ask him questions.

The questions vary. Many folks say they are new in town and wonder where the nearest bathroom is located. One young man asked if it was against the law to climb a utility pole. He had witnessed someone doing that earlier.

We encounter an employee of the Olympia Parks and Recreation department near the playground who informs Officer Davis that he just locked the restrooms for the night, and they discuss the fact that the restroom on Sylvester Street near the Oyster House has now been closed for the season due to ongoing drug use and needle issues.

At 8:00 p.m., Davis’ Fitbit vibrates, and he announces that he has just logged 10,000 steps for the day so far, equaling five miles. He says he typically walks 10 – 12 miles a shift. 

We walk over to the blighted, vacant, nine story Capitol Center Building and Officer Davis is now using his flashlight to check the bushes. He finds that there are beds empty and ready.

Vehicle prowls are a problem in downtown Olympia and the police sometimes patrol the darker parking lots, looking for suspicious activity.

Heading back to the station, we walk through a lot of alleys. Davis says he likes foot patrol. 

“You miss a lot in a car, even on a bike….”

Above: In a downtown alley, Olympia Police Department Officer Kory Pearce stands by while Officer Jeff Davis speaks with three men.

After Dark: Walking Patrol in Pairs

Back at the station, we’re ready to go out with Officer Kory Pearce. Pearce, 50, says he is ten days shy of 24 years with the Olympia Police Department. Seated at his desk, he’s doing paperwork. His shift ends at 3:00 a.m.

A traffic officer who works by motorcycle, he’s on duty Saturday night as backup, as is Davis. He’s had a busy week with school back in session and on Monday, he starts a two week basic collision investigation class through the Criminal Justice Training Commission.

A proud father and grandfather, Pearce points out pictures of his family. He lives in Graham, Pierce County, 23 miles away “doorstep to doorstep.” He lived there when he got out of the military and didn’t want to uproot his children from their friends and schools when he started with the department. 

Asked when he will retire, Pearce said, “I’m eligible to retire in three years but I’ll probably do five, unless I have two bad days in a row!” he joked.  “Not everyone can do this job….I’m a dad and a husband - this is what I do for fun,” he laughs. 

At least one tattoo on his arm is visible and reads, “It’s All About Winning” in fancy script.

Pearce says he’s seen a lot of changes in his years as an officer.

“We had a lot of problems (in the past) but not of this magnitude. There weren’t as many services, but there weren’t as many less fortunate, homeless people...we didn’t have as many services for them as we do now, shelter, meals, outreach programs. Community Youth Services was just getting underway….”

When ask I him what he’d like people to know about the police, he said, “Don’t believe what you read or hear….nothing against you, but the media is in the business of sharing stories, and the story people get is this much,” Pearce says, holding his thumb and finger close.

“....Good police service - that’s our goal every day. If I show up disheveled or acting like I don’t care, who are you going to tell? A friend. Then that person tells someone…and that gets spread around.”

Both Davis and Pearce complimented Amy Stull, the police department’s community liaison, and her team of volunteers.

“We could not accomplish what we accomplish without her and her group...data entry, speed traps in school zones, house checks, Lakefair, parades, the Toy Run…you name it….” they said.

It's time to head out bar hopping of a different sort. It’s karaoke night at our first stop, McCoy’s, and as the woman finishes a profanity-laced version of Nicki Minaj’s, “Starships” song, she apologizes for her performance, saying that the cops made her nervous.

“You’re the one who took her picture,” Pearce quips to me as we leave out the back door.

Pearce is an edgy type, and a quick-witted joker. Sometimes it’s hard to tell when he’s joking.

A young man loaded down with a backpack and gear near McMenamin’s approaches Pearce. He says he’s new in town and wonders if there’s a bad part of town that he should stay away from.

With a straight face, Pearce says, “From the Fourth Ave Bridge to Plum.”

“That’s the whole town,” responds the guy.

It took a while for the guy to get the joke. Pearce said to just keep an eye out and he’ll be fine.

Davis and Pearce take turns checking in with bartenders or staff to see if everything is good. At the Eastside, the Fourth Ave Tav, and the Brotherhood, it’s the same: heads turn, some conversation and pool playing stops, and people silently wonder why the police are in the bar. Davis says he sometimes feels like he has a third eye.

“Most people figure something’s going on, that we were called here…they wanna know what the story is....” says Davis.

Across the street from the Brotherhood on Capitol Way, we find a car that has parked directly in the path of an alley, and the officers call it in.

Eugenio, the owner of Trinacria, comes out to greet the officers and they all chat for a few moments.

As we walk from Capitol Way up Fourth Avenue, people sit outside the busy Grandpa’s Ice Cream shop and shout out thanks to the officers for being out and about.

At the corner near Childhood’s End Gallery, a man asks where the nearest convenience store is, and he is directed to Bayview. He walks along with us since we are headed that way also.

Turns out, the man is a member of the U.S.S. Olympia crew, in town for the Foofaraw celebration sponsored by the Thurston Chamber of Commerce. He went on a helicopter ride earlier in the day. Stationed in Hawaii, he says he’s never been to Washington State before but has fallen in love with it in the last few days.

From Bayview Thriftway, we cross Fourth Avenue, cross Fifth Avenue and walk down under the bridge and along the railroad. 

A virtual tent city is underneath the bridge. When I ask about unreported crime and assaults, including sexual assaults, the officers say there's a lot among the homeless, who have their own cliques. The crimes may be unreported due to their warrant status or they may be worried about retaliation.

Above: Under the Fourth Avenue Bridge.

The officers use their flashlights, verbally announce themselves, and rouse residents, informing them that they are trespassing and could get ticketed. No tickets are issued. We walk along the railroad tracks and the officers point out debris, and various hazards, such as open, used needles.

Along Deschutes Parkway, we notice six orange luminarias floating in the sky over Heritage Park.

As we get closer, Pearce jokes that it’s a good thing this isn’t their problem because the park is under the responsibility of the Washington State Patrol. Amazingly dangerous, people are lighting pieces of coal to float flimsy paper lanterns. The officers walk by the participants who seem to be part of a wedding party drifting out from the Waterstreet Café.

Above: Floating a paper luminaria in Heritage Park.

In this suspicious climate against officers, I asked Davis what he would like people to know about the police.

Thinking a moment, he says, “…Everybody thinks we’re not trained, but we are…and I can say there are people in this profession who probably shouldn’t be, just like any other profession, but don’t generalize me into that group. Most of us are out here to make a difference and to help somebody, and that’s ultimately why I got into this profession - to do that. If you happen to catch a bad guy sometimes, that makes it great - the chance to hold somebody accountable for their actions.”

Asked about the possible use of body cameras, both Officers Davis and Pearce were supportive of their use.

Pearce said they’re a double-edged sword with the biggest issue being public disclosure requests.  

That’s about as far as we got when a couple of young men jaywalked across Legion Way right in front of us. They thought they were busted, and when they found out they weren’t, they peppered the officers with several questions about policing.

Davis’ response to my question about body cameras was enthusiastic.

“I would love to see body or dashboard cams…I’m all for them…they’re great! They tell a story – you can literally pop it in and hit play and it sets the tone.” He explained that some kinds of dashboard cams can go back two minutes when an officer “hits” their lights, which is useful in suspected driving while intoxicated stops.

He acknowledged that cameras will catch police officers doing “good stuff and stupid stuff.”

 “….We don’t get to interact too much with normal people – the people who call in are facing an immediate threat or problem, whether they are a victim or a suspect….I know when I do police work, I do a good job at it…and I follow all policies and procedures. I’m not worried….”

At 10:00 p.m., we walk out of Hannah’s, where people are singing karaoke and having a good time. I make the mistake of saying how quiet it is for a Saturday night.

Officer Davis kindly admonishes me and says there are two unwritten rules in law enforcement: one, never say it’s slow, and two, never say it’s quiet, because things can change quickly.

About a half hour later, we respond to a call from dispatch: a man with a gun is at the Emperor’s Palace restaurant on Cooper Point Road. 

Above: The Olympia Police Department's computer screen alerts officers to police activities in progress. 

Hot Call: Man with a Gun

At the Olympia Police Department, we had just parted company with Officer Pearce when the call came in. A man with a gun was at the Emperor's Palace restaurant on Cooper Point Road. A shot had been fired.

Immediately, officers poured out the doors and hopped into police vehicles of all types. Officer Davis and I jumped into a squad car and quickly traveled west through town on Fifth Avenue. I remember seeing the gawking faces of pedestrians as we zoomed by Hannah’s.

I sat in the front seat while Davis drove tight turns through the roundabouts, up Harrison hill, and through the intersection of Harrison and Division, with sirens wailing and lights flashing. We were going 70 miles per hour.

At some point back in the roundabouts, I wondered aloud if all this was really necessary. Officer Davis asked if what was necessary. My question was answered when a car in our lane slowed us down by not getting out of the way.

Davis drove around to the back of Macy’s Furniture Gallery where several police officers were already gathered. Officer Davis jumped out, ran up to the situation and, crouching low, pulled out his gun and aimed it at the suspect while two officers were in the process of handcuffing him. Within seconds, Davis put his gun back in its holster.

After a few moments, Officer Davis came back to the car and explained the situation: A man had become unruly in Emperor’s Palace, pulled out a gun, and shot a round into the air. He fled in the direction of Goodwill and went through the trees toward the back of the Target Plaza store.

Davis drove around to the area near Goodwill and told me not to leave the car. I had no intention of getting out.

Davis picked up a witness to the situation and we drove her back to the scene. Shining the car’s spotlight on the man, she identified him as the man she saw leave the plaza with a gun in his back pocket. Several other witnesses also identified the man and were interviewed.

Later, Officer Pearce, who was also suddenly on the scene, showed me on the car’s computer screen that the call came into dispatch at 22:34, and police were on site at 22:36. All told, ten officers were on the scene, and two supervisors.

For Officer Davis, the night was still young when I left him just after midnight. He didn’t mind me continuing on with him, as he would be on duty until 7:00 a.m., but I had seen enough for one night.

Thinking of all the people and situations we had encountered, I wondered what else would happen that night for Officer Davis. I had a hard time sleeping.

Above: Officer Kory Pearce's flashlight shines upon used hypodermic needles and related drug paraphernalia under the Fourth Avenue Bridge.

Local Land Use Updates: Oak Tree Preserve and Grande Terrace

Local Land Use Updates: Oak Tree Preserve and Grande Terrace

wedding  

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

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

washington  

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.