04/20/2006: "Wolf in Sheep's Clothing - Revealed"

By Jay Kimball

Last October, Kevin Ranker, Alan Lichter, and the Friends of San Juans offered silky sound bytes about how their new Guesthouse/ADU agreement would end litigation, allow new guesthouses, provide affordable housing, save money, reduce taxes, blah, blah, blah.

For those of you watching the issue in the papers the past few weeks, the truth is out - the latest revision bans guesthouses, offers nothing for affordable housing, and lest we forget, is partnered with an agreement that San Juan Prosecuting Attorney has said is "illegal" and neither the Council nor the "Friends" have been able to refute. In what Councilman Ranker referred to as their "local solution", the Council stands ready to deliver the big guesthouse giveaway to their "Friends".

As the playwright George Bernard Shaw said, "A government with the policy to rob Peter to pay Paul can be assured of the support of Paul."
This issue has been driven by the "Friends" leadership and litigants, who have their own guesthouses/cottages/studios and seem to want to "pull up the draw bridge" now that they have theirs. It has all the appearance of elitist hypocrisy.

Here is a Council that was about to see the county prevail in their multi-year litigation defense against the "Friends". At the 11th hour Kevin Ranker and Alan Lichter pulled the case from the courts and, working with their "Friends", dashed together 80 paragraphs of building code changes and an illegal settlement agreement. How ironic that our own county government would shoot itself in the foot on an issue it fought so hard for. Those must be some pretty good "Friends". Numerous editorials in the local papers have outlined the conflicts of interest each member of the Council has with the "Friends", as they ramrod the "Friends" agenda through.

Now while Ranker, Lichter and Myhr have been catering to their "Friends" needs, guesthouse supporters filed an Amicus Brief with the courts asking that the court decide the case. It caught the Council off guard and they panicked. The Council hastily accelerated the public hearings from May into April, and the "Friends" dashed together a counter to the Amicus Brief that gives the courts the impression that it is a "done deal" and asserts the County Council has "scheduled a vote to adopt the ordinance on April 25th." Really? How did the "Friends" get this inside information, and why is the Council rushing what is one of the most contentious issues they face? If we read the public announcements about the hearing, there is no indication a decision will be made. It says the hearing is to afford the public the opportunity to comment. You would think that the Council would want to hear from the public, ponder their concerns carefully, speak to the issue and have a dialog with the community. It would be nice if they took the time to visit each island, convene a community meeting and explain to the public why it takes 80 paragraphs of building code changes to make their "Friends" happy.

At the last Council hearing on the subject, Councilman Ranker expressed worry about the Amicus Brief and prodded Attorney Randy Gaylord to do something about it. Ranker also tried to suppress the dissenting opinion of the Planning Commission that called in to question the validity of the process and findings.

Clearly the Council is afraid of the courts. And the Council's attempts to repress dissent signal the weakness of the Council's case and their fear the public will catch on to it.

By not letting the courts decide, the Council is dooming the county to more endless litigation. Letters and emails to the Planning Commission during their review of the issue favored guesthouses 4 to 1. I spoke with the Council's administrator and judging from the emails and letters, she says it is the hottest issue before the Council. With so many people in the county affected, and with such gross mishandling by the Council, the Council's "local solution" will rapidly escalate into major litigation.

The only hope for a fair and balanced conclusion to this issue is to have the court decide the case. There is a petition going around asking the Council to do that. You can download a copy at www.OrcasStyle.com. And as I am writing this, I just received notice that the courts have reviewed the guesthouse supporters Amicus Brief and find the brief raises a "substantial issue".

If you care about this issue, the thing to do is to show up at the Council room on April 25th at 2:30 pm. You don't need to say anything. There will be plenty of people there for that. What is important is that the Council know we are concerned and are watching.

I checked the weather for that day, and the forecast calls for a beautiful day of democracy in action.

(Jay Kimball lives on Orcas Island and produces a web page dealing with the on-going Accessory Dwelling Unit issues)