New Release No. 2003-12
December 16, 2003
Work at "Trash to Treasures" Property is Legal
"No law was broken when the County initiated the clearing and grading work at the new San Juan Island solid waste transfer station site last week," said Prosecutor Randall K. Gaylord. Gaylord was responding to charges from San Juan Island resident Claudia Mills who claimed that the County workers acted illegally when they began work on the site on December 10, 2003.
The Permit Center made a determination that the entire project will not have a significant impact on the environment, and that determination is final. In addition, the County has issued a conditional use permit for the project, which is final. "Although the conditional use permit has been challenged in court, by Claudia Mills, it is still final," said Gaylord.
Most of the work on the "Trash to Treasures" project requires a permit, but some work is exempt from a permit because it is below the permit thresholds. The Public Works Department began the project on December 10 by limiting the work, and only doing work at a level which is exempt from permits. Gaylord explained grading of less than 500 cubic yards, and all grading involved in installation of drainage, and all grading in the construction of a pond of less than a half acre are exempt from a permit. "An exemption means no permit is required. As long as the work is properly limited and done consistent with the County code, it is allowable," said Gaylord.
"This threshold for grading permits applies to the County just the same as any other landowner," said Gaylord.
Public Works Director Jon Shannon explained that the work to be performed was intentionally limited to installation of driveways, construction of drainage, installation of drainage fencing, and delivery of about 200 yards of rock as fill for the driveway surfaces. "We have followed the land use code and we will continue to follow the code."
Shannon also explained that the County will wait for the issuance of the clearing and grading permit before further work is done at the site. "We expected the issuance of a clearing and grading permit with the conditional use permit. But, when we were told that the clearing and grading permit had not been issued, we scaled back the work," said Shannon.
According to Gaylord, the clearing and grading permit is a "ministerial" action. That means that the clearing and grading permit could have been issued as soon as a complete application was reviewed.
According to Jon Shannon, he was told by the Permit Center that he had submitted a complete application in July 2003. "I can’t explain why the permit was not issued with the conditional use permit. Quite frankly, we were simply trying to get preliminary work done on the property and use grant money that will not be available next year. The delay of even exempt work will mean that County taxpayers will pay an additional $75,000 for the project."
Gaylord added that he received an email from Claudia Mills’ attorney, Peter J. Eglick of Helsell Fetterman LLP in Seattle, which demanded that the prosecutor appoint a special deputy to investigate criminal conduct by County employees. Gaylord declined the request. "The Sheriff, not the prosecutor investigates crimes. I cannot in good conscience even refer the matter to the Sheriff. There is no factual or legal basis to file criminal charges against anyone," said Gaylord.
The "Trash to Treasures" project was sited by the County Commissioners using the procedure for "essential public facilities." State law prohibits the comprehensive plan or development regulations from precluding the siting of essential public facilities.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101