Ah, Have Scott Call Me ...

We'd like to know what's going on too, Jessica.

Back on February 9, we covered a story about Orcas Island Fire & Rescue (OIFR), which drew the ire of some usually supportive TH readers. They'll probably be mad at us again because of this post. As we reported back on February 9, many Orcasites have questions about the management of OIFR. There is no doubt that Orcas firefighters have behaved heroically in battling some very dangerous blazes, especially of late. But for many Orcasites, that heroism exists alongside questionable management decisions and behavior ... it exists alongside the alleged cover-up of a suspected DUI involving one of their own, Jack Delisle ... and it also seems to exist alongside a deepening siege mentality that lashes out at any critique.

Orcas Issues recently carried an editorial about the OIFR DUI controversy, which (along with other OIFR questions) is being brought into greater focus because of an upcoming vote about an OIFR levy. The old propane tank at the Country Corner, which serves as a makeshift Orcas community painting board for events, currently says "Vote no on the fire levy ... government accountability starts at home!"

Lord knows that Orcas has suffered more than its fair share of failed government accountability over the past few years ... the Charles Dalton situation, the Eastsound mosquito hatchery, floods in Eastsound, the Mt. Baker Road project, the Deer Harbor bridge ... and representation by electeds who seem hell bent on throwing us all under the CAO bus. If people are getting fed up, is it any wonder why?

Below is a recording of the report of the Delisle accident by OIFR Deputy Chief Mik Preysz (pronounced "price" for you non-Orcasites) to the San Juan County Sheriff's Office. The recording was obtained via a public records request. It's been making the rounds on Orcas ... people playing it for one another on their cell phones ... and passing it around via email too.

The call was logged at 3 a.m. on March 9, 2013. For context, you can refer to our original blog post from February 9, which includes the police report of the incident along with inserted questions of a commenter from Orcas. Note too that the police report doesn't seem to be entirely accurate with respect to the phone call from Preysz either.

Maybe the whole thing is no big deal, but would you have been treated this way? Does it sound like normal procedure to you? Can we have Sgt. Brennan call us the next time we get in a scrape?

Propane Tank -- some readers questioned the tank message aspect of the story, so here is a photo.

The Story No One Covers

There is a culture of government corruption in these islands, and its meme carries with it a narrative that says, "Give us money or else we'll all die." We've seen this meme at work when it comes to phony environmental "protection." It also seems to be at play with some of our police, safety, and fire departments on occasion. They're willing to save us, as long as they get lots of cash up front.

While attention has been focused on the San Juan Christmas hayride, some strange incidents also are being talked about on Orcas, where the nephew of Randy Gaylord, Kevin O'Brien, is Chief of the Orcas Fire Department. Orcasites approved a controversial levy several years ago that was advertised as necessary for capital infrastructure (another new firehouse and new fire-fighting equipment), only to have Chief O'Brien recently reallocate those funds to payroll, including creating new paid positions, including a new, highly-paid deputy. Now the "temporary" levy is up for renewal, and the Chief is claiming that if it is not renewed, services will have to be cut. These events have occurred against a backdrop of many rumors of bad behavior by the Orcas Fire Department ... everything from having dinner flown in from Bellingham ... to staff using the Fire Department washing machines as their personal publicly funded laundromat.

New questions have arisen about the Orcas Fire Department sparked by an accident involving Jack Delisle, one of those hired by O'Brien. In short, Delisle got into a single-car accident at about 2am back in March 9, 2013. He ran a car off the road and into a ditch. The car was owned by another member of the Fire Department, Nick Kiniski. Yet another member of the Fire Department, Seth Ybarra, came to Delisle's aid after the crash, pulled the car out of the ditch, and towed it to Fire Station 21, where Kininski was on duty that night as a paramedic.

As some Orcasites tell it, the gist of the concern is this: a member of the Orcas Fire Department (Ybarra) allegedly removed evidence of a crash involving a drunken driver member of the Fire Department, did not properly notify the police, and let the injured driver disappear from the scene. Earlier that night, the driver had been attending a party at the Chief's house to celebrate his (Delisle's) hiring. The Chief had served food and alcohol at the party.

A detailed report of what happened is provided in the scanned pages shown below, and it includes some commentary and questions inserted by a concerned citizen on Orcas. This story has not been reported anywhere, so perhaps Orcasites can shed some further light on these events. With the "temporary" levy up for renewal, issues of Departmental integrity and responsibility are on the minds of many on Orcas.

In other news, the latest draft of the CAOs is undergoing public comment this week. As bad as the last Council was regarding the CAOs, the new Council has been worse. Their public participation record is awful. Their ability to think through the issues is abysmal, and their "fixes" to the CAOs have done nothing to correct its fundamental flaws. In its latest CAO version, the Council has decided to abandon the last Council's system for buffers and replace it with another one that is equally flawed. For more information, please visit the CSA website. This Council is just as much in the pocket of the Friends as the last one.

In addition, Councilman Jamie Stephens was seen in Olympia this past week. He attended hearings put on by the House Agriculture and Natural Resource Committee regarding Ecology's practice of sending out threatening letters. Stephens didn't testify, but he sat in the last row near the door next to the Sierra Club representatives ... being very Friendly.

Election Overview

While there are some controversial races around the county this election season, there is nothing like what we've been through over the last year. The Trojan Heron had hoped to do some election postings, but unfortunately, time and events have overtaken us. Nevertheless, we'll give a brief rundown of the main election choices, with greater detail for those topics we know more about ... but we hope commenters will pitch in with their views to fill in the many gaps. Since we are locally focused blog, we'll focus on the local issues (i.e. not the two State measures, 517 and 522).

Let us know what you think ...

• Overview - Of the 36 elected positions to be filled, 24 (67%) are uncontested. We think having that many uncontested elections is an indicator of an unhealthy democracy. Is it really an election if there is no choice? Some of the uncontested elections involve very influential positions too, such as the "race" for the mayor of Friday Harbor. Also, it seems like politics is a family affair in San Juan County. Two spouses of current or former Council members are running ... Carrie Lacher for Friday Harbor Mayor and Lauren Stephens for Fisherman Bay Sewer District ... and Lacher's husband, former Councilman Howie Rosenfeld, is running for San Juan County Hospital District #1. In addition to the individual races, there is a ballot measure for Lopez to fund the Solid Waste District for the coming year. Also, there is a county-wide measure to amend the Charter. A "yes" vote on the Charter amendment would allow voters to petition for a change in our county's residency districts, rather than have that power rest solely with the Charter Review Commission. A "no" vote would leave things as is.

• San Juan Island - Of the 17 races, only 4 are contested ... one for the Port, one for the Hospital District, one for Parks and Recreation, and the Friday Harbor Council race between Farhad Ghatan and Matt Shildneck. Of the 4, the race for Hospital District has probably attracted the most attention.  That race pits former Councilman Howie Rosenfeld versus newcomer Mark Schwinge. By this stage of his political career, Rosenfeld is a well-known commodity, and without having analyzed any of the specific issues in this race, the Trojan Heron thinks it is a welcome sign that new blood, like Schwinge, is willing to run. However, we would love to hear readers' comments about this race.

• Orcas Island - Of the 11 races on Orcas, only 1 is contested. Unfortunately, this is an unwelcome Orcas pattern. Need I remind readers that Orcas also had the only uncontested Council race in recent memory when Patty Miller ran unopposed for Council a few years ago. Orcas voters are generally well informed and active, but when it comes to running for office ... many well-qualified Orcasites prefer to sit on the sidelines.

• Lopez Island - As delightful as it is to make fun of Lopez, of the 8 Lopez races, 6 are contested. If only the rest of our county could have as many well-qualified candidates running as Lopez does, our democracy would be in much better shape.
  
  Most of the contested Lopez races are for the School Board. The slate of School Board incumbents supported a lavish multimillion-dollar school bond measure that got crushed at the polls during the last election (how many times does that happen?). They are being challenged by newcomers emphasizing fiscal responsibility and performance rather than profligate spending. The incumbents include a Friends director (Dixie Budke) and others with ties to the Lopez Community Land Trust (Clive Prout and John Helding). The challengers mostly have strong financial and business experience ... and one of the challengers, Teddy McCullough, has a unique perspective as a recent Lopez High graduate. Teddy is currently in college in Washington DC and, if elected, intends to juggle his college and School Board responsibilities by attending School Board meetings telephonically.
  
  There is much passion on Lopez about the future direction of the school, and speaking of passion, that brings us to the Lopez Port District race. Incumbent Dan Post is being challenged by former incumbent Bob Porter. There has been a lot of smoke blown about this race, unfairly aimed at Dan Post. Post is an effective voice for transparency at the Port, and Post has been the subject of special-interest scorn over the years because he believes the Port should serve the broader Lopez community rather than simply serve pilots. The other two Port Commissioners, Bruce Dunlop and (County Planning Commissioner) Steven Adams, simply want Post eliminated, and Bob Porter is their candidate. That's a problem because watching Dunlop and Adams manage the Lopez Port is akin to watching Lucy and Ethel wrap candy ... they're in over their heads and unable to keep up ... but some of Dunlop/Adams' antics have even warranted more serious scrutiny. Earlier this year, according to sources, the FAA Inspector General and the FBI opened an investigation looking into some of the Port's affairs.
  
  One of the best summaries of the Lopez Port race is a comment left by Nick and Sara Jones on Lopez/Salish Rocks, which is copied below.  Many of the points raised by Nick and Sara could just as easily apply to any of our county races.

We have been following with some interest the race between Dan Post and Bob Porter for Port. It seems that the complaint about Dan, the argument for replacing him, is that he is not a "team player." This is an interesting line of attack, to say the least. It implies that the best candidate for any given position is the one who is going to get along with the others best. Kind of like seeking out a beta personality puppy if you already have a couple of dogs in a family.

A port commissioner is a public official spending public money. It is a position requiring as high a level of probity and integrity as any other elected position. A get-along go-along attitude is the worst qualification we can think of for any position of public trust. Conversely, the willingness and fortitude to consistently ask hard questions and challenge received wisdom is the highest of recommendations for such a position. Over twenty plus years on the Port of Lopez Dan Post has demonstrated a heroic willingness to ask the hard questions, over and over again. He has done so in the face of scorn, mockery, and endless personal attacks.

Dan Post has also been the only Port Commissioner to consistently push to expand the mission of the port to serve the wider community. He spearheaded the effort to have the Port take over the dump, at a time when the received wisdom was that turning our facility over to San Juan Sanitation was the only viable outcome. The Port effort did not come to fruition, but it led directly to the takeover of the dump by the Lopez Solid Waste Disposal District, on which board Dan tirelessly serves. Dan pushed to improve and lease port owned lands for agriculture--providing economic opportunity and local foods, and he continues to advocate for the Port to take on the much needed project of commercial water-front access on the island.

Dan Post is a small-town hero, a tireless doer and a man of deep integrity. Please join us in supporting him for another richly deserved term as Port of Lopez Commissioner.

Robins Can Be Territorial

Jamie Stephens recently proposed three appointments to our Marine Resources Committee (MRC). Stephens slipped in the nominees at the end of a long day, and Jarman and Hughes rubber stamped the appointments without thinking.

One of the newly appointed MRC members is a Nature Conservancy employee who lives in solitude on an 11-acre preserve on Yellow Island. Another appointee is the Chairman of the Board of Kwiaht. And the third appointee is probably best known for having allegedly impersonated a County employee in order to spy on her neighbors ... so she could then tell the Friends what the neighbor was up to ... so the Friends could then turn that neighbor into State authorities. Sound familiar?

Once they realized that they had been hoodwinked by Stephens, Jarman and Hughes asked for reconsideration of their unanimous MRC appointments. After further deliberation, the appointment of Robin Hirsch, the alleged County impersonator, did not go forward, but the other two appointments stood.

Below are excerpts of emails documenting the Robin Hirsch saga. In a nutshell, a neighbor of Robin Hirsch's was having work done on their shoreline property.  The work was being conducted with the permission of the County. All the necessary permissions and permits were obtained. The homeowners were being entirely cooperative with the County, including being cooperative about ameliorating past permit and construction errors. Nevertheless, Robin Hirsch was not pleased about the work, and ... well ... you can read the email excerpts below for yourself.

Guess how Robin Hirsch described herself on her MRC application? She said, "I am honest, hard working, and diplomatic."

What's the concern with honest, hard working, and diplomatic Stephens' nominees?

From: Chris Laws [mailto:ChrisL@sanjuanco.com]
Sent: Tuesday, April 09, 2013 12:24 PM
To: XXXXX
Subject: XX Hunziker Rd

Mr. XXXX, and Mr. XXXX,

It has come to my attention that someone maybe walking onto your property and impersonating a County employee, or suggesting that they work for the County.

Please be advised that this may be a violation of state law pursuant to RCW 9A.60.040 and the County takes this type of behavior seriously; the Prosecuting Attorney’s office has been apprised of the situation and recommends that those who have witnessed this first hand contact the Senior Prosecuting Attorney Charlie Silverman whom I have cc’d in this e-mail and can be reached at (360) 370-7605

I want to make it clear that all County Employees carry identification and will gladly produce them if asked; additionally, any County employee will also have their supervisor’s information readily available for you or your contractors and employees should they ask.

-       Chris

Christopher S. Laws

Code Enforcement Officer

San Juan County

(360) 370-7587

chrisl@sanjuanco.com

__________________________________________________________________________________

From:                                         XXXXX

Sent:                                           Tuesday, April 09, 2013 1:38 PM

To:                                               Chris Laws

Subject:                                     Robin [Hirsch] Impersonation of County Officer  / Orcas Island Residential Construction Project

Chris,

Thank you for this suggestion. We were outraged but hardly thought that we had any recourse.

Robin [Hirsch], who lives about a mile from our property ...  came down to the property about two weeks ago (March 20^th). She pretended to be a County employee, from your department, was extremely abusive to our contractor, Denny Howell, and threatened us with County revenge for “ruining” the place. When Denny asked to see her County I.D., Robin said she didn’t have it and continued to scream.

...

She took photographs and apparently returned to our property this weekend to take more ... We did forbid Robin and her husband to walk the property or trespass after the first incident. However, it now looks like we have to post No Trespassing signs and mount motion-activated cams / cameras around the place.  ...

I am just running out with our clients for lunch, but wanted to thank you first. I should be able to break away to call as you requested sometime tomorrow.

Yours Sincerely,

XXXX

From: XXXXX
Sent: Wednesday, April 10, 2013 5:07 PM
To: 'Mackie, Sandy (Perkins Coie)'; KRentz@perkinscoie.com
Subject: Report on 3/20/2013 Trespassing Incident / Orcas Project
Importance: High

Sandy,

What follows was relayed to us by Denny Howell, our general contractor on our residential construction project ... on Orcas Island:

On the morning of Wednesday, March 20^th, 2013, Denny and a member of his construction crew, Mike Welch , started work installing the planned and permitted metal deer fence along the west side of our property. A small excavator was used to clear a 5’ path through the salal in the woods. No trees were removed and only surface vegetation was cut back, leaving the root systems of the salal intact to regrow. Shortly after they started work, two men approached them crossing from the neighbor’s property on the west onto our property ... They demanded loudly of Mike: “What are you doing? Why are you working in the forest? Why are you removing salal?”

Mike called Denny over to answer them, and he told them they were installing deer fencing that was permitted by the County. At that point a woman named Robin came up crossing from the Hammer property, carrying a clip board and a pen. Denny asked what she was there for and her response was: “I am with the County. I’ve come down to see what you are doing. What are you doing? Why are you working in the forest and removing salal?” Denny again responded as above, and then asked Robin for her County identification card. She seemed put out, but replied that she didn’t have one. Then she started darting around in the forest taking photographs and screaming threats at Denny and Mike. She yelled abusively that this was not allowed and she was going to report it to the County. At that point Denny asked her to leave the property ... The three left.

Randy Pence, a carpenter on our crew, witnessed at least part of the incident and recognized that she was Robin [Hirsch] Roser;  

...

Since then Robin has been seen skulking on our property, hiding in bushes or behind trees taking photographs of the project. When we met the County building inspector, Jason Hensel, a week later on the driveway into our place, I mentioned to him what had happened and the fact she had impersonated a County officer. He asked for her name and seemed generally surprised, saying that she should have bought the property herself if she had wanted it so much. Yesterday, we received an email from Chris Laws, the County Code Enforcement Officer who had clearly heard from Jason about Robin’s masquerading as a County officer. He was outraged, wrote that it was illegal and requested that we file a complaint with the San Juan County prosecuting attorney. His email also stated that someone was trespassing on our property and taking photographs. This we surmised from the issues that came up earlier this week and the photos attached to the email from Kurt Baumgartner at the Washington Department of Ecology, which we know were taken on site between last Thursday evening (after it started raining) and Sunday evening (April 4 – 7, 2013).

...

All the Best,

XXXX

Another Fine Mess On Orcas

Imagine you are a couple living on Orcas. You file a complaint against a commercial property owner who you feel is in violation of the County Code. You sign forms promising your confidentiality.

Let's leave aside the merits of the complaint against the commercial property owner for the moment because that is quite a yarn unto its own. We hope to tell that story from the standpoint of the commercial property developer at some time in the not-too-distant future too.

Back to the couple who complained (and by the way, they were not the only complainants) ... shortly after filing their complaint, the couple themselves come under suspicion for code violations about their home. Armed with a Polaris photo and suspicions of potential violations suggested by the photo, a "third party" notifies CDPD of alleged violations on the couple's property. No one files a formal complaint but an "activity report" is completed by CDPD based on a conversation with the "third party." With this activity report as justification, a CDPD staffer (not a Code Enforcement Officer) begins an investigation of the couple, including a drive-by look-see of the couple's property from a public right-of-way. No buildings can be seen from the public-right-of-way, but nevertheless, the "case" is turned over to a Code Enforcement Officer.

Four days before Christmas in 2011, the couple is traveling for the holidays. Unbeknownst to them, they receive a notice at their home stating that CDPD suspects that they might have an illegal building on their property. They are given 14 days to respond, and it just so happens that the couple returns from their travels on the 14th day. They find that their front gate has been tagged with a notice of violation and a "Stop Work" order.

After a discussion with the Enforcement Officer, the couple is quickly shifted to dealing with Deputy Prosecutor Amy Vera. Also, the alleged code violation shape-shifts a bit too ... from having to do with an illegal building to having to do with something about a trailer as well.

While this is happening, the commercial property developer submits a public records request to the County for all public records related to his situation, including the names of complainants. The County notifies the couple that their names will be revealed to fulfill the public records request. The couple objects via their attorney, stating that they were assured of anonymity and have signed confidentiality agreements to that effect, but the County releases their names anyway.

Needless to say, by this point the couple is feeling rather picked on by the County and by CDPD especially. They ask their local Councilman for help, and complain about two CDPD staff in particular.  The Councilman relays the couple's concerns to Administrator Pete Rose.

Shortly after this, and despite having an attorney willing to accept service of court papers, the couple is served with notice at their home that the County intends to sue them for code violations. The couple's lawyer responds to the lawsuit notice and offers to CDPD that they come to the property to view the building/trailer in question in the hope of pursuing a resolution to the matter. Six months go by ... the County doesn't respond.

While giving the couple the silent treatment, the County (for some reason) decides to pursue a criminal case against the couple.  On October 16, 2012, the Sheriff and the CDPD Enforcement Officer appear before Judge Andrews to say that they have probable cause to search the couple's private property for evidence of  crimes. They get a warrant to enter the couple's property, and they proceed directly to the property with the intent to search it. When the County arrives at the property, they find a locked gate and no one home. So, the Sheriff calls the wife at her place of business and tells her to come to unlock the gate immediately, otherwise the Sheriff will cut the lock on the gate to gain entry to the property. The couple (together) rush home to find a County vehicle, a Sheriff's vehicle, two deputies, the CDPD Enforcement Officer, and the Deputy Building Inspector all waiting to enter their property. Of particular note to the couple is that the two CDPD employees present were the same employees that the couple had recently complained about to their Councilman.

A month later (November 2012), the couple are issued a summons to appear in District Court as they were being charged with four criminal misdemeanors  and threatened with possible fines of $5,000 plus and a year in jail.  And not once has the couple received a notice of correction, compliance plan, or even a phone call simply asking how the matter could be resolved more amicably.

And as far as we understand the situation, the entire matter involves an alleged owner-builder agricultural building of approximately 1,000 square feet and an associated trailer ... not visible from the road ... not hurting anyone ... a victimless "crime" if it is a crime at all.

If you want to find out more, or if you want to support this couple, then please attend their hearing on March 20 (Wednesday) at 1:45 pm at the Courthouse in Friday Harbor.

Is this really how we want our County to treat us ... or our neighbors? Do we really want to create laws (like the CAOs) that encourage this sort of thing? Also, think about this case when you read the proposed new enforcement ordinance.