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/>

August 29th - Council Meeting Update; Wing Point Way Reconstruction

The August 29th City Council meeting centered principally around the controversial Open Space recommendation to purchase the Manzanita property from Kelly Samson with Councilmanic Bonds ("credit card debt" of $1.7M). The council voted against the purchase.

This topic precluded satisfactory discussion on the 2008 Capital Facility Plan Update, which includes the $2.4M Wing Point Way reconstruction. The 2nd reading will be continued the next council meeting scheduled September 12 (item #7.A. proposed time 7:20pm).

We learned at the August meeting much about the 2008 Capital Facility Plan (CFP). We consider the following points influential to the fate of the Wing Point Way reconstruction:

1. All the projects proposed in the CFP sum to over $90M over 6 years ($15M/year).

2. Historically, Public Works has only been able to complete $6-8M projects annually.

3. Financing the proposed projects includes $22M Councilmanic Bonds - "credit card debt," AND voter approved bonds of $7M.

4. The Council was not satisfied with the Public Works priorities reflected in the CFP.

5. 55% of the CFP budget is allocated to roads & parking, and non-motorized and trails.

We wish to thank our neighbor, Karen Conner who stepped forward to stress the importance of the Wing Point Way reconstructon as it relates to safety and not to forego the March 2008 deadline for the matching Federal monies of $866K ("free" money) towards the project.

It is still important to stress our neighborhood views so the Wing Point Way reconstruction is considered a top priority and does not get eliminated in budget reduction.

A Full Integration of the 2008 Wing Point Way reconstruction – A NEIGHBORHOOD VISION

If/When the City implements a reconstruction of Wing Point Way, it would be a unique opportunity to evaluate the feasibility during the planning phase to incorporate some/all of the following and the project could become a MODEL reconstruction:

1. Capitalize on the pedestrian aspects/potential of adjacent Hawley Cove Park (i.e. building a boardwalk/trail from the existing boardwalk to Hawley Avenue to enhance pedestrian safety to/from the ferry),

2. Take the opportunity to improve the two culverts that exist under Wing Point Way to benefit the park and shoreline habitat by enlarging the understreet pipe,

3. Design impervious surface drainage to minimize stormwater runoff (“streetscapes” technology employed for this project much like designs considered for the downtown street reconstruction),

4. Leverage the close vicinity of the sewer and investigate the feasibility of incorporating the purple pipe/recycle water technology. This may be an opportune time while the street is dug up!

5. Establish safe traffic flow solutions for the anticipated developments (Capstone’s application does not satisfactorily address the egress onto Wing Point Way).

6. Ensure non-motorized characteristics adequately meet the needs of bicyclists and pedestrians

These suggestions come from many of our neighbors. Any other suggestions or comments are very welcome!

Squelched - Non-motorized element to Hawley Cove Park!

Excerpted from our neighborhood discussions -

This project got canned by park district staff because "someone" doesn't like the idea. There was strong support for the idea at the Wing Pt Non Motorized meeting in Sept 2005 but even the $7500 that the Non-Motorized Committee allocated for planning in 2007 got canned by staff a few months ago. They told me they "didn't like the idea" or "see the need for it", and then lamely they said they "didn't understand it". Everyone I've spoken with who understands the idea thinks it's great, I'm surprised there is resistance at all but there is. I don't know where the resistance lies.

Capstone Partners Continues to Get Special Treatment!

Capstone Partners Continues to Get Special Treatment!

We have just been informed Don Audleman of Capstone Partners has been appointed to the City's Winslow Tomorrow Streetscapes Advisory Committee...you can check this out at

http://www.winslowwaystreetscape.com/WinslowWayStreetscape/Advisory%20Group.html

Concerned Neighbors Denied Due Process!

Our Wing Point Neighborhood has been Denied Due Process!

The Mayor has made a land use decision directly impacting citizens and the character of the neighborhood without public participation!

Is this what our Island community and other neighborhoods should expect from our City Leader on land use decisions?

The land use in question involves the property owned by Wing Point Country Club. The property runs along Hawley Creek which feeds the wetlands in our island’s Wing Point 13-acre shoreline park, recently named Hawley Cove Park. The developer, Capstone Partners, has agreed to buy the property from Wing Point Country Club if their conditional use permit is approved to build 11 “patio” homes.

Significant Events to Date:

July 21, 2006 - The Hearing Examiner DENIED the 11 “patio” home application (finding the property too small for the development and out of character for the neighborhood.)

August 8, 2006 - Capstone/Wing Point CC appealed the Hearing Examiner’s decision to Superior Court.

June 24, 2007 - The Mayor granted a $25K no-bid contract to Capstone for a downtown garage study, which is part of the Winslow Tomorrow Plan.

July 13, 2007 - The Mayor directed the City Attorney to sign a stipulation with Capstone to remand the application back to the Hearing Examiner, who had already denied the application twice.

Questions for the Mayor:

Aren’t land use decisions on denied applications made only by the Superior Court or City Council? Why were the laws regarding remand procedures bypassed?
Why is Capstone allowed to introduce new evidence and new characteristics into the remand hearing when this is not ordinarily allowed? Isn’t this effectively a new Conditional Use Permit? If Capstone applied for a new CUP, wouldn’t they have to comply with the new and stricter Critical Areas Ordinance, which protects the stream/wetlands/shoreline to a greater extent?

Doesn’t the signing of this agreement give Capstone advantages they would not have if they followed due process (namely, Superior Court, or applying for a new application under stricter CAO rules)?

Did you consider the appearance of fairness when you signed the questionable out-of-court agreement with Capstone after granting a no-bid contract to Capstone, especially since both events bypass public participation?

(To read the law on remand procedures go to http://www.mrsc.org/nxt/gateway.dll/bnbgmc?f=templates&fn=bnbgpage.htm$vid=municodes:BainbridgeIsland)

If you want answers to these questions, or have opinions you can CONTACT your City Leader(s), and/or write to your favorite paper/editor(s), and of course show up for the next hearing!:

Darlene Kordonoy, Mayor
Mayor@ci.bainbridge-isl.wa.us / 842-2545

Your City Council
Council@ci.bainbridge-isl.wa.us

The Contract Attorney who advised the City on this matter – Jay P. Derr
jderr@GordonDerr.com / 206-382-9540

Bainbridge Review Editor – Douglas Crist
editor@bainbridgereview.com / 842-6613

The Sun Editor – Scott Ware
http://www.kitsapsun.com/forms/letters/ (360) 792-9202

The Bainbridge Islander reporter – Rachel A. Pritchett
rpritchett@kitsapsun.com / 842-4018

The Seattle Times Local News – Suki Dardarian, Managing Editor
newstips@seattletimes.com / (206) 464-2791