The Flying Heritage Collection

On the southeast corner of Paine field, you will find the newly opened Flying Heritage Collection. I went today with my son and I was very impressed! They have detailed descriptions of all of their planes and video presentations about the time they were developed. Almost all of these planes fly, and to prove it, today they flew their Thunderbold and their Mustang. They will have will aditional flying demonstrations throughout the summer.

I was impressed by their restored Messerschimdt Komet, a German rocket plane that killed many pilots (both allied and German). I had also never seen a fully restored V-1 rocket plane before (I sure this is one of the few planes that doesn't fly).

My favorite restoration was the Polikarpov U-2, a very simple looking open cockpit bi-plane. This Russian plane was "manned" by woman pilots, who wore thick fur coats to avoid the cold. The plane only carried two bombs so sometimes they had to fly eight sorties a night. They also turned off their engines during their bombing runs to avoid detection! The Germans called them the "Night Witches." They have a video presentation where they interview some of them.

Save the Kretzler House!

This is a photograph taken from around 1912 on the corner of 6th and Main. The Kretzler house is still there and it looks abosolutely wonderful with all the flowers. Enterprise reporter Chris Fyall posted an excellent article with great prictures about the effort to save the house. (click here)

Unfortunately, the owner of the property wants to redevelop it, but that doesn't mean we can't move the house. On June 17th, the council will be discussing a proposal to use private funds to move the house unto a corner of the civic playfield, which the city leases from the school district. It's a very fascinating proposal that uses privately raised money plus money from the current land owner who has a desire to save the house. The Historic Museum, the Edmonds Historic Commision, and Edmonds-South Snohomish Historical Society are all involved in the effort to save the house. I hope they are succesful.

Health Board Report (June)

Batty About Health

I went to the Health Board meeting today. Dr. Goldbaum, the health officer for Snohomish County Health District, reminded us that we are entering Rabies season. Rabies is a primary concern with bats. If you are exposed to rabies from a bat it’s important that you safely catch it. Don’t let it get away!

If you are injured by a bat you will probably need to have rabies shots, which are uncomfortable and expensive. However, if the health district can test the bat, and see that it doesn’t have rabies, you won’t need the shots. Folks have a tendency to shoo bats out of their homes, but if it has exposed you, you need to catch it, and get it tested.

The cost of septic inspections

We had also had an interesting presentation on the science of septic systems. The Snohomish Health District is charged with inspecting septic systems, so that our ground water stays free from organisms that cause disease.

In order to encourage folks with problem septic tanks to seek help, the SHD has kept fees for inspections low. Their philosophy is to be as helpful as possible and only get heavy handed when absolutely necessary. However, septic inspections can be expensive to the SHD, which puts the SHD in bind, because SHD will need make cuts next year if doesn’t get additional funding. Should the SHD raise the cost of septic inspections to meet budget deficit needs, even though this could cause some residents to be dissuaded from getting septic systems fixed? A tough decision is coming up.

We need the Snohomish County Health District

Dr. Gary Goldbaum, our public health officer, shared some public health history with us today. I found his slide showing trends in deaths from disease the most interesting. Thanks to public health efforts, deaths caused by disease are only a small fraction of what they were at the turn of century.

We often take for granted many of the services provided by the Snohomish Health District that continue to keep that death rate low. I have talked in the past about their Tuberculosis control program, but that’s just the tip of the ice berg. The SHD oversees sewage and solid waste disposal, which if not done properly will spread disease. They also inspect food establishment so your food is safe.

They also make sure folks are vaccinated. Some think making vaccinations available for folks who can’t afford them is a form of welfare or charity, but in reality it’s in everybody interest. Sick people hurt the economy by increasing health care costs and decreasing productivity. And let’s face it, sometimes vaccinations don’t take (or we forget to update them). We don’t want anyone walking around with an infectious disease, whether we’re vaccinated or not. Keeping folks vaccinated is very much in the interest of everyone’s public health.

One very scary feature about the graph above is the peak labeled “Influenza Pandemic.” This is still a very real possibility that the SHD takes very seriously. In the event of another pandemic, the SHD is banking on the hope that new vaccines can quickly be developed and delivered. They also have emergency procedures to control the disease in the event vaccines are not ready in time.

The SHD is facing serious budget shortfalls next year. Let us not forget how much we need them, and let’s hope we can keep public health fully funded.

Correction: Dr. Goldbaum pointed out that the above graph only refers to infectious diseases, not chronic diseases like heart disease and cancer.

The Edmonds Wastewater plant: You probably haven't dined here

Edmonds is known for its high quality restaurants and great views.

The city of Edmonds also supports a very special kind of restaurant in downtown. No, it’s not at all like the restaurants we’re used to. In fact, you certainly wouldn’t want to eat at this place.

This restaurant is for bacteria not humans, and last Tuesday, the council got to tour this restaurant.

The Edmonds Wastewater treatment facility affords excellent dining for bacteria. In fact, they even have a view of the sound. They feast on the delicacies that we deposit in our toilet everyday. The bacteria break their food down into simple molecules like carbon dioxide so that our human waste doesn't flow into the sound and ruin the environment.

After solids are extracted from the sewage in a settling chamber, the remaining water goes into a chamber where air is pumped through the water, just like it is in a fish tank. Here, bacteria feasts on a enormous buffet of soluble pooh, pee, and other great treats. The air is needed to give the bacteria a good appetite.



After they feast, the water is then put in cylindrical settling tanks, where the bacteria go to sleep, and can be extracted by rakes. Then, the bacteria are pumped back into the air rich feasting chamber where they begin to eat again. Yum!





Thanks to the bacteria, the water only contains a small fraction of the waste that it entered with. After a disinfection stage, the water can safely be pumped into Puget Sound.

The bacteria get a free dining experience, compliments of your utility rates, and we get a clean Puget Sound with safe beaches. You might also be interested to know that Edmonds Wastewater treatment plant doesn’t allow just ANY bacteria to dine there. It’s a very exclusive restaurant. The bacteria are the same bacteria that you find in our streams, which is why water in streams can look so clear and clean.

Steve Coho, who gave us the tour, and his team do an excellent job at the plant. Their philosophy: they want to run a plant that can’t be seen, heard, or smelled. They do a pretty good job, although he’s quick to give the neighbors lots of credit for being patient when there are problems.

The plant has won several awards, but Coho and his crew are not about to rest on their laurels. They have a capital plan to make improvements that will control odor even more than they currently do now. Coho and his crew take a lot crap from us in Edmonds, but they do it with a smile and enjoy their work.

Even bacteria can dine with a view in Edmonds!

Edmonds From the Air

For my 40th birthday, my wife bought me an introductory flying lesson from Glavin Flying based at Boeing Field. Today, I got to spend an hour in a DA-40, a very nice single engine plane. The instructor asked me where I wanted to go, and I said Edmonds! I snapped this picture today.

It was a very fun flight.

The Art Hunt

I wanted to do something with my son, but it was too late to go on a hike. So I grabbed the digital camera, and told my son we were going on an art hunt. I explained we were going to go around town, hunt down art, and take our pictures next to it.

He wasn’t amused.

After a few grumbles, he followed me out the door. After the first piece, he soon realized that this was fun. And then he really got into it. We took a whole bunch of crazy photos with us next to art.

You should try it with your kids.

Public Health Report

Today I attended this month’s public health board meeting. Here are some points that stood out to me:

You’re nuts if you’re fat.

Dr. Gary Goldbaum, our public health officer, spoke about a study published in Neurology that links “excessive abdominal fat in midlife” to “an increased risk of dementia in later life”. I better loose my “excessive abdominal fat” as quickly as I can. However, based on my last election results, some folks clearly think it’s too late for that.

Access to Health Care

Dr. Goldbaum also presented the findings of a new report that studies folks' access to health care. Nearly 15% of non-elderly adults have difficulty accessing health care. Click here for the full report.

Cuts to Public Health?

The budget outlook for the public health district is pretty bleak. The district will spend down its ending cash balance this year, and may have to consider cuts for next year. Sigh.

Hidden Septic Tanks

When I bought my house, I should have done a better job inspecting it. After the purchase, I soon noticed a green patch in my back yard. It turns out that my house was hooked up to both the sanitary sewer and an old septic tank. Yuk!

I had to redo my sewer plumbing, decommission the septic tank, and get all the permits and inspections done. However, I am glad I caught problem. My family is much better off with it gone.

The SHD, who is charged with inspecting active septic tanks, has a new website where you can check and see if there was ever a septic tank on a given property (click here)

Before ever buying property, I would recommend you go to this site. Look up the property and make darn sure that any septic tank is properly decommissioned before signing off on the purchase.

You should also check your own property to make sure any septic tank on it has been properly decommissioned. Your health depends on it.

Update on the Intersection of 196th and 188th

Today, Peggy Olson and I met with members of the Washington State Department of Transportation (WSDOT) to discuss the intersection of 188th and 196th.

You can learn more by going to my previous blog entries (click here).

The meeting had good points and disappointing points.

The good points:

WSDOT will help the city acquire more data using a special camera.

WSDOT offered assistance in helping staff plan a crosswalk near 186th where the site distances are better.

The disappointing points:

WSDOT will not acknowledge that the intersection meets the traffics warrants for a stop light. The meeting was essentially a rehash of the issues that we discussed at the public hearing.

I asked them, “What do we need to do to show you that we meet the Systems warrant?” I wasn’t very satisfied with their answer and I still don’t completely understand there lack of willingness to help us on that warrant. I got the impression that they just didn’t like that warrant, and it leaves me believing that they would rather not have the signal at all, warrants met or not.

My last point:

To be fair, the WSDOT folks were very nice, and the meeting was very cordial, and I appreciate their efforts to help us with the crosswalk. We will bring our report to council and see what happens there.

I assume someone up in Washington D.C thinks that traffic warrants are helping communities deal with safety, but I gotta tell you, from my perspective, I think they do more to hinder our efforts to improve safety than help them.

The Tuberculosis Control Program

I wrote an Op-Ed piece on the Snohomish County Health District's Tuberculosis control program, which appeared in this week's addition of the Edmonds Beacon (click here).

In short, the SHD does an excellent job at both controlling the disease, and caring for patients with the disease. TB is very treatable, but also very serious. It's good to have a health district that works so hard for us.

A trip to Taipei: Mixed-Use Gone Wild!

Every time someone wants me to change a code to allow a larger development, they utter three letters G-M-A, The Growth Management Act.

Folks say that the goal of the GMA is to force us into living in urban centers. I couldn’t disagree more. I see the GMA doing what it's title implies, managing growth smartly.

In 2004, I got to go on a business trip to Taipei. I enjoyed the trip, and not just because of the sights. I learned a little bit about growth, and I think of Taipei when I think about land-use decisions on the city council.

While Taipei has many beautiful areas, the city councilman in me could not help but notice that Taipei’s principle form of development is mixed use. In fact, I would call it mixed-use gone wild!

I remember standing on the viewing deck of a 500 foot tall building, and not being able see the end of the city. No single family neighborhoods to be seen, anywhere. We’re talking horizon to horizon of mixed use or commercial buildings.

This is what happens when a lot of folks cram into a little space. It’s the ultimate end game of no-growth; that is, a policy that fights sprawl to such an extent that smart growth cannot occur, and we all get crammed into a small space.

A friend in Taipei made me feel very welcome and he showed me some of the greatest sights of the city. The coolest traveling trick about Taipei is the subway. Do not take the cabs! (Life does not need to be shorter). Take the subway. It’s easy to pay for with coin machines and it feels VERY safe (much more safer than the cabs.). Just make sure you stay to the right on the escalators, so that folks who want pass you can do so. They are picky about that kind of stuff there.

They’re certain advantages to their life style, the most obvious being they don’t need a car, because public transportation is awesome. They also save their money, and take long trips periodically, but most of the time they live in condos above businesses.

While Taipei was fun to visit, I wouldn’t want to live there. I like my single family home.

The GMA does NOT mean we have to turn Edmonds into Taipei. For Edmonds, the GMA means we will accept some population growth and we will have some areas that have mutlifamily housing, some areas that have single family housing, and areas that are completely open. We will have housing choices, but we’re not going the route of Taipei either. The single family neighborhood is still very much a part of our future.

What’s funny about some of the folks who continually point to the GMA as a reason to allow more condos is that the city already meets its GMA goals. That means Edmonds already has adequate growth going on and plenty of housing choices. Edmonds can meet its growth targets without changing a single code.

So the GMA arguments are really mute. Edmonds meets its goals. GMA arguments may mean something to the folks who want us to become Taipei, but these arguments don’t count much in my book.

Taping Executive Sessions (update)

The council talked about the issue yesterday, and we are letting Scott Synder work with the issue. There is some concern expressed by Scott that the city may not be able to authorize recording of executive sessions without the aid of the state legislature. I find this point counter-intuitive so I am doing my own research on his legal points. I will keep you updated.

Taping executive sessions

This week, the Edmonds city council will discuss taping executive sessions. In our legislature, HB 3292, which required councils to tape executive sessions, failed to get even a vote in our legislature, largely due to the efforts of the Association of Washington Cities, who lobbied against the bill. I am hoping the Edmonds city council will break with the AWC on this issue and decide to tape its own executive sessions.

There is a lot of information on HB 3292 out there. Here are some links that can provide some more info.

http://www.columbian.com/opinion/news/2008/03/03062008_In-our-view-Tape-sessions-anyway.cfm

http://www.kitsapsun.com/news/2008/feb/17/editorial-record-closed-meetings/

http://washingtonpolicyblog.typepad.com/washington_policy_center_/2008/02/taping-of-execu.html

http://seattletimes.nwsource.com/html/editorialsopinion/2004178737_seaopened13.html

http://www.heraldnet.com/article/20080207/OPINION01/430990090/-1/opinion

An extraordinary cat

Just when you thought the cat issue was over, here I am talking about cats.

My allergies prevent me from owning a cat (I own two scoundrels that are lab mixes), but I do think cats are very cool.

My favorite cat in the whole word has a cat named Bean, which Martha had the privledge of baby sitting. Bean was a VERY big and very docile cat, with mostly white fur with black splotches. If you laid on the floor while watching TV, Bean would always come and lay on you and make it very difficult to breathe. Bean liked the company of humans and enjoyed being scratched.

An artist named Simon Tofield has managed to capture the playful and mischievious nature of his cat, which has some extraordinary abilities. Take a look at Simon's Cat.

Health and Death

How do you prioritize the spending of public health dollars? One way is to look at death. I can’t speak for the whole board, but I am pretty sure, the board unanimously wants to postpone (perhaps even eliminate) death for folks in Snohomish County (and everywhere for that manner).

Our health officer, Gary Goldbaum, gave a great talk today on death rates, and how they affect funding priorities for the Snohomish County health district.

First, he compared the leading causes of death in 1904 to the leading causes of death today. Communicable diseases like the influenza, pneumonia, and tuberculosis were the leading causes of death in 1904, but today, cancer and heart disease are the leading cause of death. This is no coincidence. Health districts all over the country have done an excellent job at controlling and eliminating communicable diseases, which is the major reason why today’s average life expectancy is now over 70.

However, to get the whole health story, we need to look at death rates a different way: a way that examines death rates for the younger generations. In an analysis called “Years of Potential Life Lost”, folks who die after 65 are not counted, and younger folks are given greater weight than folks who die closer to 65. This analysis shows that younger folks are primarily killed by unintentional and intentional injuries.

Another very glaring fact is that chronic diseases, like heart disease and cancer, dominate the death charts no matter how you look at them. Goldbaum also cited a study showing that adverse childhood experiences can be very detrimental to an individual’s long term health. Many of the chronic diseases are also attributable to the decisions that folks make, like smoking, drinking, and over-eating.

Goldbaum concluded that the health board should have four priorities:

1) Communicable disease control and prevention (we don’t want go back to the days of 1904).
2) Chronic Disease Prevention (Heart Disease and cancer dominate the death charts no matter how we look at them, and these diseases can be prevented by good life choices.).
3) Emergency Preparedness (a way to reduce unintentional injuries and insure that the work for public health can still be effective despite a sudden massive demand for services).
4) Early Childhood Development (so we can get folks off to a good start, making good decisions for their long term health)

Thanks goes to Gary Goldbaum for a very good talk.

Deciding against Boeing.

It’s time for me to weigh in on the Boeing-Airbus tanker debacle.

I think that Boeing should build the next tanker because:

• More jobs stay in the U.S. if Boeing builds the tanker. Yes, Alabama gets some jobs, but at the expense of many more in Washington.
  
• France does not deserve our military business. In fact, countries who do not help us in Iraq will benefit from the deal. Yes, Boeing builds parts of the tanker overseas, but again more of the tanker is built in the U.S.
  
• Airbus enjoys many subsidies that Boeing doesn’t. I think it’s time to level the playing field.
  
• The economy and our military our married. One cannot exist without the other. If the military can’t legally factor in jobs into their contract decisions, the law should be changed.

Since this deal, there have been many leaks about why Boeing did not get the contract. “Boeing blew it,” some would say. Others claim the Air-Force experts should make the decision.

I would say that one of the duties of a legislator is to examine and challenge the opinions of so-called experts. Norm Dicks fulfilled this duty by claiming the Air-Force pulled a bait and switch during contract negotiations.

In short, it’s the duty of the legislative branch to check the power of the executive branch. I hope that is what happens with this deal. I hope Congress uses their power of the purse to persuade (or pressure) the Air-Force to change its mind.

Are you a Nuisance?

The city council will soon be examining the nuisance ordinances. Last Tuesday, the council got to see the new language, and I think everyone should look at. The language was drafted by staff in response to complaints that they have received about other properties.

No one wants to live to next to an ugly property, but remember, when it come to the law, what goes around, comes around.

Below is a section of the proposed language. The complete language can be found here. Ask yourself a few questions as you read it:

Do you think the language describes a true “nuisance”?

Could the language apply to something that isn’t a nuisance?

Can you live by the standards imposed?

Your opinion is really important here. I am sure council members will definitely want to hear from you if you have compliments or concerns.


6.20.040 Types of nuisances.
The actions and conditions enumerated as public nuisances pursuant to Chapter 7.48 RCW are hereby designated as public nuisances for purposes of this chapter. Each of the following actions and conditions, unless otherwise permitted by law, is additionally declared to constitute a public nuisance:

A. Any junk, trash, litter, boxes, salvage materials or lumber not neatly stacked in any front yard, side yard, rear yard or vacant lot.

B. Any attractive nuisances dangerous to children, including but not limited to the following items when located outside of a fully enclosed building:

1. Abandoned, broken or neglected equipment;
2. Rusted, jagged, sharp or otherwise potentially dangerous machinery;
3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks or toilets;
4. Unpermitted excavations; and/or
5. Unprotected or open wells or shafts.

C. Any broken, soiled or discarded furniture, household equipment or furnishings.

D. Any graffiti on the exterior of any building, fence or other structure in any front yard, side yard, rear yard or on any object in a vacant lot.

E. Any vehicle parts or other articles of personal property which are stored, discarded or left in a state of partial construction or repair in any front yard, side yard, rear yard or vacant lot.

F. Any hazardous trees, or any other vegetation which is dangerous to the general public health, safety and welfare, located in any front yard, side yard, rear yard, or vacant lot.

G. Any structure or other constructed object not governed by the International Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of collapse, structural failure or falling.

H. Any accumulation, stack or pile of building, landscaping or construction materials which are exposed to the elements or are in disarray and which are not directly associated with a project on the premises for which a current building permit has been obtained; or, with respect to a project which does not require a permit, that is in progress or which is scheduled to begin within ten (10) business days. Construction materials include but are not limited to metal, wood, wire, drywall, electrical components, and any supplies, equipment or other items utilized for painting, landscaping, logging, roofing, masonry or plumbing.

I. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects and/or vermin.

J. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with applicable requirements of state or federal law.

K. Any accumulations of perishable matter, including but not limited to food stuffs, that may harbor or attract the infestation of mold, insects and/or vermin.

L. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce.

M. Any garbage stored outdoors that is not kept in a fully contained receptacle with a tight-fitting lid.

N. Any recyclable materials which are stored outside and which are not regularly disposed of on a scheduled disposal cycle not to exceed thirty (30) days.

O. Any compost kept in a manner which attracts infestations of insects or which emits foul odors detectable at or beyond the boundary of the underlying property.

P. Any shopping carts located in any front yard, side yard, rear yard, vacant lot, or rights-of-way, except where such shopping carts are owned and/or utilized for their designated purpose upon the underlying premises.

Q. Any uncultivated berry vines and Class B or Class C Noxious weeds (as classified by the Washington State Noxious Weed Control Board) which exceed an average of three feet in height within five feet of an adjacent property.

R. Any violation of the noxious weed regulations contained in Chapter 6.30 ECC.

S. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation therein or thereunder.

T. Any garbage receptacle, recycling bin or compost container located within the front yard setback unless screened from view.

Hike at Lime Kiln and Robe Canyon

Dad and my son joined me on a hike to Lime Kiln in Robe Canyon. You can find this hike near Granite Falls and you can hike it all year round. It's also a good hike for those of us who are out of shape, with very minor elevation gains.

What struck me most were the trees completely covered in moss. There are whole forests of these green trees, which contrasted well with the milky white Stillaquamish river.

The hike is also filled with historical artifacts. Very interesting stuff.

I found this hike in a publication from the Snohomish County Tourism Bureau called "Hiking Snohomish County".

Lunar eclipse

Wednesday night, God put on a good performance with a celestial ballet called a lunar eclipse.

My son Shayne jumped on the trampoline and I stood on the ground next to him. We watched the moon get covered by the earth's red shadow, and then appear again as if the sky had a wide toothy smile. Shayne and I talked about the universe, the stars, and even the nature of God.

I remember a night when I was close to Shayne's age. My dad, my brother and I were lying on a dock in Key West Florida late in the night. We were watching a lunar eclipse and talking about the same things that Shayne and I were talking about.

Perhaps God performs this celestial ballet so that fathers and sons can talk about the universe, and become closer to each other, and as a result, closer to God.

HB 2601

I understand that many folks dislike Eyman's petitions, but let's not take our anger out on the state initiative process. HB 2601 makes it harder to put an initiative on the ballot, and gives us voters less choices. Tim Eyeman is not the only one who uses the initiative process to accomplish government reform. The initiative process has been used to improve the pay and benefits of our teachers and public safety personel, it's been used to protect animals, and it's helped protect our environment. Restricting initiatives is not the answer to Tim Eyman.

The courts have been restricting local initiatives for years. Here is an article I wrote on some bad court decisions regarding the local initiative process:

Should your city council have the power to block initiative petitions it doesn’t approve of? Should your city council have the ability to sue you for signing or gathering signatures for an initiative petition?

I say no. But sadly, our courts say yes.

In Edmonds, citizens must gather 4000+ signatures and have their petition certified by the county auditor. The law then states the city council must schedule an election or pass the initiative as an ordinance.

But increasingly, courts have given city council’s more ways of circumventing the initiative process. Imagine working hard for months walking door-to-door gathering 4000 signatures only to have your city council refuse to act on the petition: no election, no ordinance. Or imagine having the city council sue you to stop your initiative?

Just recently, the state supreme court sided with the city of Sequim (5-4) in their lawsuit against one of their own citizens. (City of Sequim v. Paul Malkasian). The citizen was only guilty of gathering enough signatures to get his petition certified. In agreeing with Seqim’s city council, the supreme court stated that the law gave the “city council” the authority to levy taxes, not the “city itself.” (What’s that mean, I still don’t know). Basically, it’s a legal technicality, and a very convenient one, that has allowed courts and city councils to block citizen sponsored initiatives. It even gives city council’s the power to harass citizens by suing those who sign petitions and gather signatures.
Judge Richard Sanders in his dissenting opinion summed up the case: “Let us begin with a simple truth. Mr. Malkasian did not bring on this litigation but has been targeted, and pummeled, by the city of Sequim for nearly a decade with all the taxpayer resources the city could bring to bear against this hapless private citizen.”

The Supreme Court has essentially given city councils absolute authority over many issues that we hold dear. In another case, King County is trying to block an initiative affecting land-use code. Under the “city council” versus “the city itself” argument, initiative petitions on height limits, PRD’s, setbacks, and even our own Comprehensive plan could be rejected by your city council with the okay of our courts. And the gatherers of signatures can be sued and incur huge legal expenses.

Sadly, it wasn’t just a decade ago that the city council of Edmonds took legal action against signers of an initiative petition. Fortunately, the voters rose up at the next election and removed one the offending incumbents. In fact, none of the council members who made that decision are currently on the council.

Which now brings me to my final point…

Courts won’t protect you, but you still can. As a citizen, you should make it clear to your council members, that you expect them to respect the initiative process and those who volunteer their time to gather signatures. You should make it clear that you will not vote for council members who sue petitioners or block initiative petitions.

One day, you may have a disagreement with your council and want to gather signatures. Thanks to our courts, you now risk legal action by doing so. But please, don’t be afraid. Your council should fear you, you should not fear them. Stand up to your council, use the initiative process, and keep gathering signatures.

-Dave Orvis
Edmonds City Council Member
Position 7.

Health District Report

Today, I served as Edmonds representative to the Health District.

Last year, the 2006-2007 legislature approved more funds for Health Districts. Today, we budgeted those new funds, hiring new health care workers to provide better control for communicable diseases. According, to Charlene Shambach, Director of Community Health, “The strategies to be promoted will include an onsite school-based clinic to deliver the vaccines, health care provider vaccine recall to encourage and remind families to obtain the immunizations, and vaccine education to parents, schools, and health care provider.”

Our next action item was approval of a program where employees of the Snohomish County District will receive extra pay for being fluent in another language. The Health District spends a great deal of money on translators, which they must do in order to deliver good health services and avoid legal liability. With demographics rapidly changing in Snohomish County, giving employees an incentive to learn an extra language can save money for the health district in the long run.

Parties, Presidents, and Edmonds.

Some folks want to know who my choice is for President of the United States?

I loathe the idea of talking party politics, because party politics have nothing to do with the city council. City council positions are non-partisan seats, and for a very good reason. Folks who agree on national politics, don't necessarily agree on local politics.

Looking at how certain issues divide the council, one can see that we seldom split along party lines. You can find Democrats and Republicans on both sides of the building height issue. The same holds true when we voted on the size of the park in South Edmonds. Just recently, the council refused to confirm a planning board nomination. The two council members who approved of the Mayor's nomination consisted of 1 Republican and 1 Democrat. The two members who were the most vocal opponents of the nomination also lean in opposite directions on party choices.

When I was circulating petitions to stop casinos in Edmonds, I soon learned that the gambling issue split both parties. Free market Republicans supported casinos, while social conservatives opposed them. Big government Democrats like casinos (more specifically they like the tax revenue from casinos), while working-poor Democrats despise casinos because they profit from those who can least afford it.

During my re-election, my opponent was endorsed by the Democrats, while I was endorsed by the Mainstream Republicans. Yet, some of my most vocal supporters were Democrats; while some of my opponent’s most vocal supporters were Republicans.

So you can see why I loathe talking party. I don't want to drive a wedge between myself and folks I want to ally with on local issues. I don’t want to be defined by my party leaning. I want myself to be defined by how I represent Edmonds.

But if you must know my presidential pick, here it is: I will be voting for John McCain. I don't always agree with him, but I do like that fact that he will buck the leadership of the Republican Party. Frankly, the leadership of the Republican Party could use some bucking.

So who do you support? There is a comment section under this blog entry. Give your candidate a plug, Democrat, or Republican, or whatever.

Open Government (Update)

It doesn't look like the effort to tape executive sesssions in going very far at the state level (see the Herald's commentary) Also see my previous blog entry.

I am for taping Edmonds City Council executive sessions anyway. There is nothing that says we can't do this. The council should act to move forward with this important reform.

At the retreat, we also discussed televising Architectural Design Board meetings and Planning Board meetings, like we do council meetings. There is some expense involved, but I think it would be better for everyone for government to be as open as possible.

The Disability Board

I attended this year’s first meeting of the disability board.

Long ago, police and firefighters would enroll in the LEOFF 1 retirement system, a system which required cities to fund their medical expenses for life.

The LEOFF 1 retirement system has since been replaced. City firefighters and police officers now participate in state retirement pools that are much better managed than LEOFF 1. However, the city is still obligated to the 30 plus LEOFF 1 retirees.

The disability board’s job is to review claims from LEOFF 1 retirees and make sure all “medically necessary” claims are paid. This includes the cost of insurance, expenses that are sometimes not covered by insurance, and the cost of nursing care, which can amount to thousands of dollars per month per individual.

The disability board has its own fund, but the fund has not been adequately financed by past councils. It’s essentially pay as you go out of the general fund. As LEOFF 1 retirees age, their medical expenses could potentially impose millions of dollars on the general fund. Expenses the city has no choice but to pay, by law.

The LEOFF 1 retirees, nor the current council and mayor, are at fault for this situation. Again, the fund to pay for all of this was not adequately managed by previous administrations. We essentially inherited the problem and we are obligated to solve it.

It’s essential for all council members to keep LEOFF 1 retirees in the back of their minds as they think about future budgets.

Bogus Land Sale (Pioneer Insurance v. Spokane County)

Imagine that you are living comfortably in your house, paying your mortgage, when you receive a letter from the state telling you to get off of THEIR property. Imagine being stuck with your mortgage and no property.

This happened for real. In 1979, Bradley Derr purchased a duplex in Spokane County. In 1981, the state told him that he didn’t own the land.

The state was right. The county had sold the state land in 1964 for back taxes. Of course, the state doesn’t have to pay taxes to the county, so the sale was bogus. In 1956, the state had acquired the land and clearly made notice of that to Spokane County. The state didn’t notice their land had been sold until 1981.

Fortunately for the Bradley Derr, he had acquired title insurance from Pioneer Insurance, who was now stuck with a large bill (the mortgage). Pioneer Insurance was not pleased and filed suit against Spokane County claiming negligence. The county had been informed that the land was state owned, and the county’s SNAFU had resulted in the sale.

Who won the suit? The county did.

I was stunned when I first read the decision. In fact, I am still stunned. The county sells land that they don’t own and shouldn’t collect taxes from, and they get off. No financial consequences. How do they do it?

Legally speaking, the county cannot be responsible for the titles for private land that they have to cease for back taxes. It should be the responsibility of those purchasing the title from the county to fully investigate the land. Usually land ceased for tax purposes comes with numerous problems, and some liens that have to be settled.

But that is not the case here. Here, Spokane County ceased land that they had no business ceasing. This land was sold wrongfully for back taxes. Spokane County made the error, and as a result Mr. Derr would later take out a mortgage and purchase land from someone who they believed owned the land, but in reality the state owned it.

Spokane County was shielded by a court created legal concept known as the “Public Duty Doctrine.” It immunizes all government agencies from most forms of accountability for mistakes. It has some exceptions. For example, if “mistakes” are made with malice or intent, but for the most part government gets off. There are many stories like this: Botched permits, bad building inspections, and in this case, a bogus land sale. These government screws ups cost folks big bucks, but the government gets off.

In my view, justice would have been served if the Spokane County had been required to purchase the land back at fair market value and return it the state.

While I am shocked at the behavior of the courts, I am more shocked at the behavior of the elected officials. There is nothing that requires us elected officials to buy into the “Public Duty Doctrine”. Spokane County council members could and should have intervened.

As an elected official, I believe government must be accountable for its mistakes; otherwise, government looses the trust and faith of the public it serves. The “public duty doctrine” can only breed distrust between government and the public if it continues to exist.

Health District Dinner

Tonight at the annual Snohomish County Health District dinner, I was sworn in as the Edmonds representative to the County Health Board.

The health board presented Richard Marin with a plaque for his years of service. Richard Marin had great things to say about the health board and the folks on the board had many good things to say about him. To better understand the health district, he went on restaurant inspections, septic inspections, and even watched a drug bust (where Health District employees have to deal with hazardous materials). His shoes will be tough to fill.

In a stunning act of hypocrisy, I had the Salmon for dinner. I hope my fellow members of the Salmon Recovery Council don’t find out.

Council Retreat Location

I don’t know how the decision got made for the council to have its annual retreat at Clearwater Casino Resort. (Maybe I was sleeping or something).

Because I led the effort to ban casinos in Edmonds, I am a little sensitive about gambling establishments. However, I will go participate, even though I don’t like the location. Fortunately, you don’t have to worry that I will gamble. I just gambled 6 grand of my own money on my re-election. I am done with gambling for a while.

May I put a plug in again for having the retreat at Edmonds? If the city, city officials, and staff are going to spend some money on a retreat, why not do it to the benefit of our own merchants? It’s also easier for citizens to attend the retreat if it's held in Edmonds.

Comments Welcome!

Comments are welcome on the OrvisBlog. Please feel free to speak your mind. Some folks have tried to post comments and had difficulties, and I think the problem could be with icon confusions. Below each post, you'll see three links. One (the time), goes to the top of my page. The other "0 comments" will goto a page that allows you to post a comment. You can post an "Anonymous" comment if you don't want to fill out the info. The letter looking icon will allow you to send my post to a friend, and it will ask for your friend's e-mail.

You can also make a comment by clicking on the title of the post and then clicking on the link that says "post a comment".

Hope this helps. And thanks for reading my blog. I have had a lot of positive feedback.

Dawson on the Sound Transit Board

Council member Deanna Dawson was recently nominated to the Sound Transit Board. She will be an excellent addition and I am sure she will represent Edmonds and the region well.

Congrats Deanna!

Paintball

This is an interesting game called Presidential Paintball. You can choose a Presidential character and shoot paintballs at the other candidates while roaming the White House.

Just a warning, I played as Guliani and Romney and McCain always gets me on the fifth level. I tried playing as McCain, but Obama dropped me on the third level.

I wonder if we can get a version of this game for the city council?

Thoughts on the comp plan and the waterfront.

At that last council meeting, the council debated what the comprehensive plan says about the waterfront area east of the railroad tracks. I think I should weigh in.

Here’s the paragraph in question, straight from comprehensive plan, which can be found here.:

Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design-driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of “the Bowl,” could enable a design that provides for higher buildings outside current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian-friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a “first impression” of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project.

While the language clearly recognizes that this area “could allow for higher buildings outside the view corridors”, the plan also allows for a “mix of uses” at that site. The language does not mandate taller buildings.

It also creates an enormously “high” standard for taller buildings (sorry for the pun). No view corridors can be obstructed. Considering that there are numerous corridors from adjacent residences over the site, how does a taller building not obstruct view corridors?

It is also worth noting that the language above was only approved by a one vote margin in a vote on March 8th, 2005. The Waterfront/Activity portion of the plan was VERY controversial. Council members Plunkett, Dawson and I, said no to the Waterfront/Activity portion of the plan. Peggy Olson approved it. The other three council members who approved it are no longer with us: two were removed from office by the public.

Does the language in the comprehensive plan reflect the vision of the majority of the council? Probably not. Does the language reflect the vision of the majority of Edmonds citizens? Based on what I have seen during the elections, no.

OrvisBlog makes the news!

Al Hooper had a nice review of the OrvisBlog in his column “City Lights”, which is published weekly in the Edmonds Beacon.

Thanks for the plug Al!

Salmon Recovery Council

I attended a meeting of the Salmon Recovery Council today, a government agency whose goal is to improve the water quality in the Lake Washington/Cedar/Sammamish Watershed.

My motto for the group: “We conservate, so fish will procreate.”

For Edmonds, the challenge of WRIA 8 is how the funding is directed. Most of the funding is a pass through from King County or directed toward river conservation. Near shore projects and Snohomish County tend to get left out, and I am hoping we can change that.

The Puget Sound Regional Council is coming on line and they may make some funding available to cities for conservation through the Salmon Recovery Council. This means Edmonds could be eligible for some grant money. However, the PSRC and the Salmon Recovery Council still need to do some talking. We’ll know more later.

On another note, the Salmon Recovery council voted to authorize Jean White (the director) to apply for a grant to develop standards for Low Impact Developments (that is, Green Building Codes). If the Salmon Recovery Council gets the grant, we will hire professionals to advise cities on how to create more watershed friendly building codes. I think this is exciting. The cities may need to help match the grant by providing some staff time, so more information is needed, and will be coming. I hope Jean White gets the grant.

Next meeting: March 20th

Erasing Graffiti in Edmonds

Tonight, the council unanimously passed a stricter graffiti ordinance. It has tools to make enforcement easier and it strongly encourages all property owners (both public and private) to clean up graffiti once it occurs.

Last year's public safety committee, which consisted of Council Members Michael Plunkett and Deanna Dawson, worked hard on this ordinance. (see the article in the Edmond Beacon). They deserve our thanks.

Deanna Dawson also helped to organize the Graffiti Paint-Out Day to battle graffiti along the Interurban Trail.

A stop light update.

It’s time to update everyone on the dangerous intersection on 88th and 196th.

I put forward a resolution to send to our state legislature urging them to work with the Department of Transportation to get a stop light at this intersection (see council agenda, January 15th, item 9). Several members seemed very receptive to the resolution, but they wanted two council members to meet with the Department of Transportation first. I volunteered to be one of them. I will let you know how it goes.

You can learn more about this intersection by going to my previous blog entry.

Are you an Edmonds NIMBY?

Recently, Eric Earling editor of soundpolitics.com blamed mismanaged growth on city NIMBYism.

Apparently, we in Edmonds are NIMBY’s because we don’t except our share of the population growth. We in Edmonds like our single family neighborhoods and we want them to stay that way.

Forget the fact that we were arm twisted into re-zoning a whole section of our town into four lots per acre. Forget the fact that we passed a very controversial PRD ordinance that has allowed for full development of residential zones. Forget the fact that we rezoned the Unocal site for one of largest condominium projects in our history, (and that’s just the half of the project). Forget the fact that Edmonds has had a zone since before I was on the council that allows for high-rises, and forget the fact that Edmonds will soon have high rises in that zone.

Forget the fact that Edmonds meets its GMA growth targets set by the county.

Sigh!

So do you feel like a NIMBY? I don’t. Unfortunately, there will always be folks outside our city who label us NIMBY’s because we don’t say “yes” to absolutely everything some developers want (like taller buildings in downtown).

Oh well, count to ten, sticks and stones…sticks and stones…

Dave Orvis is like Bogart?

Al Hooper, in his column "City Lights" published in the Edmonds Beacon, compared me to Humphrey Bogart. Actually, he was quoting one of his "Edmonds Oracles."

I don't see any resemblance and I don't think Mr. Bogart had a double chin, like I do.

Let's tape executive sessions

The Seattle Times had an excellent opinion piece about the council executive sessions.

Executive sessions are not private meetings; they are public meetings where public exposure must be delayed to protect the city’s legal interest. Once the legal issue that caused the executive session is resolved, the contents of the meeting, including what is said by the elected officials, should be open the public.

Government should always be as open as possible. The city of Edmonds has always exceeded the requirements of law and kept detailed minutes of executive sessions and made them open to the public as soon as possible. We can easily tape executive sessions. I hope the legislature requires all cities to tape executive sessions.

Quasi-Judicial

When I hear land-use appeals, I must be quasi-judicial; that is, I must follow the appearance of fairness doctrine and act like a judge. How do I look?

Radach v. Gunderson

Last year, I joined my fellow council members in rejecting an ADB application for the Old Mill Town remodel. I was accused by my opponent of exposing the city to a lawsuit. I wrote this and tried unsucessfully to get it printed.

Tomorrow, we talk about the "appearance of fairness doctrine." It sort of ties in now.

I hope you like it:


Sometimes on the council, I have to hear appeals of various development applications. Re-zones, sub-division appeals, architectural design board appeals are a few of the quasi-judicial decisions I have to make on the council.

A small set of individuals always complain if I don’t always side with a developer on these appeals. They want me to “rubber stamp” the opinion of the so-called experts: that is, staff and the developers. I say look at what happened in Ocean Shores.

A couple in Ocean Shores, Mr. and Mrs. Radach, noticed that a new house was going to built ten feet closer to the ocean than the law allowed. They went to the city and complained, but the city ignored them and allowed the house to be built.

The Radach’s took their case to court.

And the courts were not amused at the city’s behavior.

In the landmark decision, Radach v. Gunderson, the state Supreme Court ordered the house moved and they ordered the city to pay for it. Normally, courts are reluctant to hold cities financially accountable for permitting SNAFU’s, but the courts make a special exception: a city that knowingly fails to enforce codes assumes the financial consequences of not doing so.

The Radach’s told the city of Ocean Shores there was a problem, but the city would not stop construction of the house. Had the city enforced the codes as soon they knew of the problem, the city would not have had to pay, but the city chose to ignore their citizens, so the courts made the city pay to fix the problem.

Radach v. Gunderson teaches council members an important lesson: we cannot waive codes or grant special favors on land-use appeals. Therefore, if I determine that an application doesn’t meet the code, I have to deny the application regardless of my feelings, or I expose the city to great financial risk.

Some developers (just like some citizens) have a tendency towards passion, characterizing any decision that doesn’t go their way as “arbitrary and capricious”; a legal term used to describe the situation where a council makes up code on the spot, something the Edmonds city council has never done. In my time on the council, no developer has ever successfully overturned a council decision, because the council does not hold developers to standards that don’t exist.

The real problem with the council is their tendency to rubber stamp. In my second term, the council was overturned twice by courts for essentially rubber stamping decisions. In each of these cases, the majority of the council followed the advice of the so-called experts and I dissented, citing valid legal points brought up by citizens.

We can’t have a “rubber stamp” mentality on the council. A “rubber stamp” mentality can cost the taxpayers serious money, just like it did in Ocean Shores; and more importantly, rubber stamping denies the citizens of the protections they deserve.

A Strong Council

Eight years ago, I was sworn in as a council member for the first time, having successfully run for an open seat.

The origin of a council member often correlates to the strength and independence of a council member. One of the strongest council members I know, Michael Plunkett, had to remove a well entrenched incumbent to get his seat. The weakest council member I know, Chris Davis, had to resign because he committed forgery, and he was appointed to fill a vacancy on the council. The harder it is to get on the council, the stronger the council member.

On my first council, only one council member (Plunkett) had attained his seat by removing an incumbent. Three other council members (Earling, Petso, and Orvis) attained their seats by winning open seat elections. One council member (White) won an uncontested open seat election (he would later plead guilty to money laundering), and two others (Miller and Davis) were appointed.

(To be fair, I need to say former Police Chief Miller is an upstanding citizen, who needed to resign to meet his work obligations. He was a dynamic and positive force for the council).

This new council is much different. Every council member is elected: no appointees, no uncontested races. Every council member attained their seat in a contested election, and a majority of council members removed incumbents to get their seat.

Council members Plunkett, Olson, Wambolt, and Bernheim removed incumbents to get their seat. Council members Orvis, Dawson, and Wilson all won open seat elections.

If my theory is correct, this will be the strongest council I have ever been on.

I am looking forward to serving on it.

Welcome to the city council

This Tuesday, two new council members will be sworn in.

Steve Bernheim is the biggest surprise of the election. I endorsed Steve because he walks his talk. For example, he often lectures us on how to reduce carbon emissions, and then he backs up his talk up by powering his house with solar panels and driving a little yellow electric car. He says he wants protect the charm of Edmonds, so as a citizen he joined a suit to overturn a bad council ruling on height limits. He won the suit and stopped an unnecessarily tall building from being built.

D.J. Wilson also will bring strength to the council. If I were to take a college political science course, I would want to take it from D.J. He is one of the few political science majors I know who actually decided to apply his trade by running for office. He should know political science better than most of his colleagues having experienced the election process first hand. He will be an effective council member, and I am looking to forward to sitting with him on the council.

Steve and D.J., I will give you the same advice I give all new council members: Think for yourself. You’re both capable people. Don’t let interests groups, staff, or your more senior colleagues (like me) get to you. You have proven yourself in some very difficult races and so you should stand on your own two feet and approach your council term with confidence and independence.

See ya guys Tuesday, and welcome to the city council.

Let’s disagree!

A friend of mine applied for an appointment. When the city council has a vacancy, they may appoint someone to fill it until the next election, but before they do so, they usually interview the applicants.

One of the council members asked my friend a question:

“If you wanted to vote no, but the rest of the council wanted to vote yes, would you change your vote?”

The council member who asked the question wanted the council to work together, to be a team that solves issues in the community. Lone wolves in his mind distracted from the effectiveness of the team; hence, he was looking for my friend to say he would work with the council, and change his vote to put up a united front.

My friend was not appointed. His answer: “I would always listen carefully to my fellow council members, but if they cannot persuade on the merits of the argument, I would vote my conscience and say no, even if I was the only one to vote no.”

My friend and I think alike on this issue. There is no way I am going to change a vote of conscience simply to present a united front for my fellow council members.

Does this mean I am not a team player?

My answer is that I am not on a team. I am a member of a legislative body that represents the public. If the public is divided on an issue, then shouldn’t the council be divided on the issue?

My experience has also demonstrated that when someone wants people to “work together”, he or she really wants people to fall in line. No council member should ever fall in line. We are accountable only to the public, and we should not be taking orders from anyone but the public.

Healthy councils disagree. They have 4-3 votes, 5-2 votes, 6-1 votes, and an occasional unanimous vote. Councils that vote unanimously all the time are simply falling in line with the mayor, the staff, or some other group, and that’s means they're not representing the public.

I hope in the upcoming session that we council members do our jobs and disagree on issues.