There is much to update about last week’s City Council meeting and the Capstone Remand hearing!

We have included links to various articles/blogs which are informative. Considered altogether, these articles outline for you the significant issues about the Capstone Remand and the Mayor’s inappropriate use of her authority.

We want to thank everyone who wrote to the Examiner requesting a continuance. Even though we did not get our continuance, the Capstone attorney acknowledged the public’s request for time to review the new information Capstone presented 9/27 and requested another hearing date November 1 to allow for public comment about these new elements. All exhibits are available upon request at the City’s Planning Department help desk - just ask for the Wing Point Patio Homes CUP, or CUP13719.

Links to various articles/blogs:

Article in The Bainbridge Island Broom - Summer 2007, “Mayor Gives Special Treatment to Developer Who Won’t Follow City Rules” on page 21 arrived in our mailboxes 10/1/07. If you need a copy sent to you, e-mail The Broom at biabc2000@yahoo.com.

BI Mayor's Authority to Settle Suits Goes Too Far for Some (posted 9/29/07): http://www.kitsapsun.com/news/2007/sep/28/bi-mayors-authority-to-settle-suits-goes-too-far/

Rachel Pritchett’s Article in the Sun “Neighbors Object Mayors Role Reconsidering Sub-division (posted 9/28/07): http://kitsapsun.com/news/2007/sep/27/neighbors-object-mayors-role-reconsidering-subdivi/

The Sun’s Blog, also by Rachel Pritchett “BI Mayor's Authority to Settle Suits Goes Too Far for Some” (posted 9/27/07): http://blogs.kitsapsun.com/kitsap/bainbridge/archive/2007/10/bi_mayors_authority_to_settle.html

BLOG – Bainbridge Postscript “Settling Less and Losing More” (posted 9/17/07):
http://www.bainbridgepostscript.com/2007/09/settling-for-less-and-losing-even-more.html

Wednesday 9/26 - City Council Mtg & Thursday 9/27 Capstone Remand Hearing

"Injustice anywhere is a threat to justice everywhere." Martin Luther King Jr.

This Wednesday's City Council meeting is an opportunity to voice your opinion or show your support for the comments presented about the Capstone Remand Hearing, scheduled the following day.

Note the time for - PUBLIC COMMENT is 7:05 PM.

Fellow islanders have been sending in their comments to the City Council already. Many of them are asking for reconsideration of Resolution 2007-4 (to settle claims under $50K). This is the Resolution the Mayor used to exert her authority to remand Capstone's land use decision. In effect, the Mayor has eroded our rights to witness and participate in land use decisions as prescribed by law.

This Thursday's Capstone Remand Hearing (10am, Council Chambers) will also allow for public comment. Upon recieving the public notice about the hearing, many neighbors have written in requesting for a "continuance" to allow us more than 8 business days to consider the remand issues in order to prepare comment. The Hearing Examiner has responded the public is "not party" to the City's settlement terms and will not grant the continuance. We feel a great injustice in this response to our plea for more time because the public testimony in the original hearing was paramount to the Examiner's ultimate declination. Just further evidence our rights have been eroded by the Mayor's inappropriate use of authority!

Please come and provide your public opinion at the hearing about this, the circumstances surrounding the remand, and ultimately the proposed project.

Capstone Remand Hearing scheduled for September 27th, 10a.m.

The notice for the remand of the Capstone Hearing has been distributed and published by the City. You may have just received your notice in the mail. We believe due process has been circumvented leading up to this consideration of remand. We believe a damaging precedent to bypass public participation in land use decisions is being established with the handling of this Capstone application.

Please help us appeal to the Hearing Examiner for a continuance, at a minimum, and ultimately a denial for the remand.

We believe our only chance for the request to be granted is if the voices of many concerned citizens are heard by both the Hearing Examiner and the City. Therefore, it is important for us to know whether you agree with our stated position. Please take a moment to provide us at wphcpcc@yahoo.com your name, address and contact information in our list of supporters.

The Mayor Takes the Wheel

Check out the article about the "Capstone Remand that shouldn't be happening" found at the following link (once you hit the link, scroll up to read the whole story):

http://www.bainbridgepostscript.com/2007/08/mayor-takes-wheel.html#comment-8104042263019631166

Funding, Funding, Who has the Funding?

The Wing Point Way reconstruction is still in the Capital Facilities Plan for 2008/2009. However, Councilman Toolooe questioned how the $866K grant was procured for Wing Point Way when other streets were just as deserving. He asked for an explanation at the next Council Meeting, September 26.

The CFP goes to the 3rd Reading at the September 26th meeting and the City staff has their marching orders to revamp the plan for deliberation by the Council. The CFP still has a whopping $90M price-tag with a lot of debt. Public comment ended with last night’s 2nd reading.

During last night’s public comment one of our neighbors appealed for ear-marking $50K for the Hawley trail connection, but it did not get a motion. It was apparent from the Council comments directed to the citizens requesting for $300K in soccer field reconstruction, the Council wants the Parks Department to step up to funding park improvements. Even so, the CFP funding of the $300K was approved for the soccer fields.

What was discussed tonight about the Hawley Avenue and Hawley Cove Park connection

What was discussed tonight about the Hawley Avenue and Hawley Cove Park connection at the City's Open House on the Proposed Trail Update Non-Motorized Transportation Plan Comprehensive Plan Amendment –

CONNECTION OPTIONS –
The Non-Motorized Committee’s “boardwalk” proposal for the most direct connection (both bike and pedestrian, commuter and tourist friendly) was guestimated at $125K.

The Park’s department suggestion for a "trail" closer to the shoreline along the berm ending with a bridge, was guestimated at $50K.

FUNDING - We need to voice our request to the City Council for, at minimum, $50K to be set aside in the 2008 Capital Facilities Plan for connecting Hawley Avenue and Hawley Cove Park. Once the connection option has been selected, the funding can be revisited as long as we have this $50K “placeholder” in the plan.

1. The Parks department does not have the funding, or the labor resources to build the connection. Once funding is identified the Parks staff could direct the project using contracted labor.
2. The Non-motorized funds are not available for this project on Open Space land because their funds are only to be used for permitting/acquiring easements, and development of trials on non-Open Space property.
3. The Capital Facilities Plan is our best bet.

TIMING – It is most desirable to have this project completed before the Wing Point Way reconstruction to provide for an alternative/safer route to/from the ferry during construction.

September 11, Open House - Proposed Trail Update by the Non-Motorized Transportation Plan

Let's get the Hawley-Hall Cove Park Trail resurrected through the Non-Motorized Transportation Plan. The following meeting is our opportunity!


Open House on Proposed Trail Update
Non-Motorized Transportation Plan
Comprehensive Plan Amendment

The public is invited to join City Staff and the Non-motorized Transportation Committee for an Open House to review and discuss proposed trail amendments to the Non-Motorized System Plan. The trail amendments are proposed to improve consistency and increase connectivity.

Tuesday, September 11th
5:30 - 7:30 p.m.
Council Chambers at City Hall, 280 Madison Ave.

For more information contact Jennifer Sutton, City of BainbridgeIsland, Dept. of Planning and Community Development, 842-2552, or at pcd@ci.bainbridge-isl.wa.us <mailto:pcd@bbci.bainbridge-isl.wa.us> .

Information is also available at the city's web site, www.ci.bainbridge-isl.wa.us <http://www.ci.bainbridge-isl.wa.us/>