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img_0032At the City Council meeting on February 7, Council member Mike Scott will introduce a resolution and ordinance designed to minimize the use of island policing resources to do the job of federal immigration authorities. Somewhat misleadingly known as “sanctuary city” laws (more accurately termed, “community policing laws,”) these kinds of policies have been adopted around the country, either formally or informally.

Contrary to some misunderstandings about what these laws are, they do not provide undocumented immigrants a place to hide from federal immigration authorities. Instead, they provide that local police will not use local resources to do the work of federal authorities in enforcing immigration laws, absent a court order or, in some jurisdictions, under very limited circumstances having to do with previous immigration violations and the commission of a serious violent felony. Absent those specified circumstances, police will not inquire about a person’s immigration status, or detain a person longer than they have legal authority to do. In the past and in some jurisdictions now, local law enforcement detains noncitizens longer than they would otherwise be allowed to do, in order to give Immigration and Customs Enforcement (ICE) the time to investigate the person’s immigration status. Some courts have held that so-called “ICE detainers” are unconstitutional, and many jurisdictions, including the Kitsap County Sheriff’s Department, now decline to hold noncitizens under those detainers.

There are over 326 counties, 32 cities, and four states that limit local law enforcement’s involvement in federal immigration enforcement. Police departments tend to support these community policing laws. As Tom Manger, Chief of Police for Montgomery County and President of the Major Cities Chiefs Association, has said, “To do our job we must have the trust and respect of the communities we serve. We fail if the public fears their police and will not come forward when we need them. Whether we seek to stop child predators, drug dealers, rapists or robbers—we need the full cooperation of victims and witness. Cooperation is not forthcoming from persons who see their police as immigration agents. When immigrants come to view their local police and sheriffs with distrust because they fear deportation, it creates conditions that encourage criminals to prey upon victims and witnesses alike.”

On January 25, the president of the United States signed an Executive Order (EO), directing local jurisdictions to assist with federal immigration orders, regardless of local ordinance or policy. The EO provides that jurisdictions that don’t comply will lose federal funding. This EO has been the subject of widespread condemnation by immigrant and human rights advocacy groups, as well as mayors, governors, ordinary citizens. Seattle mayor Ed Murray called the day the EO was signed the “darkest day in immigration history” since the Japanese internment and said he’s prepared to lose “every penny” of Seattle’s federal funding, which was about $85 million in 2015. Governor Jay Inslee called the EO “mean-spirited, unnecessary and contrary to our values as Americans.” (more…)

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Bainbridge Mayor and Council member Val Tollefson has posted the following memo on the City’s website:

To: City Council; Doug Schulze
From: Val Tollefson
Date: March 21, 2016
Re: Proposal for moving forward with the Suzuki property Background.

There appears to be majority Council support for selecting a developer and moving forward with development of the Suzuki property. At the same time, there is unanimous support that if any development is to happen, it must be in the context of protecting the important ecological attributes of the property. Finally, there is strong sentiment among some on the Council and within respected members of the community that before any development activity proceeds there should be an ecological assessment of the property, to establish baseline information and ensure that there is no compelling but currently unknown reason to abandon development efforts before any substantive development takes place. There is also some opinion that such assessment should be done by persons or organizations without ties either to the developer or to the City, in the apparent belief that an unbiased assessment cannot otherwise be expected.

Following are my views on these issues. I hope they will help us have a productive discussion tomorrow evening.

Baseline Ecological Assessment proposal.

While I agree that an early baseline assessment of some aspects of the property is prudent, I do not agree that such assessment should happen independent of involvement of the developer, for several reasons. First, tasking the City with contracting for such an assessment will inevitably increase the cost and slow down the process. Second, it is important to involve the developer in defining the scope of such an assessment so that the scope will not be deficient and require unnecessary repetition if the development proceeds. Third, at least one of the baseline issues that should be addressed (the impact of any proposed development on aquifer recharge and the hydrological functioning of the non‐ developed portion of the site) requires input from the developer with regard to areas subject to potential development.

I believe that any fear that involvement of a developer will compromise the process or be a de facto decision to proceed regardless of what an assessment might reveal are groundless if we take the following three steps:

  1. Task the Environmental Technical Advisory Committee to act as the City’s advocate in collaborating with the developer to define the scope of an assessment, in approving the qualifications of professionals retained by the developer to perform the assessment, and to verify the adequacy and reliability of any resulting work product. ETAC will have to agree to this assignment, and to its willingness to handle these responsibilities (which should be short‐lived) on an expeditious basis rather than through its regularly scheduled meeting process. Alternatively, the City could retain a professional project manager to discharge these responsibilities, although after some research I’m not sure where we would find such a qualified professional.
  2. The City will require that this assessment be completed and reported to the City Council for consideration and possible approval before any other aspect of a potential development proposal is considered by the Council.
  3. The City will agree to reimburse the developer its costs incurred in performing this assessment should the assessment result in the City deciding to abandon the project.

If the Council agrees that this is a reasonable approach, I suggest that we direct City staff to implement this strategy. Although the scope of the assessment should ultimately be determined by those with expertise, I suggest that the main items that need early attention are:

1. A survey of the property, to include surveyed location on the property of trees
identified by a certified arborist as mature or old‐growth, and the outline of the
portion of the property identified by that arborist as constituting “mature forest”.

2. A report by a certified arborist identifying the species, estimated age and health of each tree located in the survey.

3. A report by a certified arborist of requirements to protect the health of the mature forest, including buffers from construction activity, or recommendations on means of construction that would avoid damage.

4. A report by a qualified professional as to the impact on aquifer recharge that would follow from development of any particular part of the property, and of the
consequences for the ecological function of the remainder of the property of such
development.

5. A report by a qualified professional as to the minimum buffer around the existing pond and elsewhere on the southern border of the property necessary to preserve the essential ecological function of the pond, and to provide reasonable screening to adjacent neighbors.

Developer Choice proposal.

I recommend that we direct Staff to negotiate a development agreement with Olympic Property Group for the following reasons, and with the following instructions:

My recommendation of OPG is based on the following factors:

1. I believe that OPG is best‐qualified financially and by experience to provide a project that will be functionally and esthetically acceptable to the community.
2. I personally believe that for a development agreement to gain Council support, it will be important for the developer to lead the development team in considering innovative ways of addressing community interests and Council priorities, and to maintain a robust and effective community outreach process. I think OPG is best equipped to accomplish this.
3. Of those members of the public commenting in support of some development of the property, there has been significant support of including some sort of Boys and Girls Club/Community facility. Such a facility would be a good fit with this development and adjacent neighborhoods, and potentially would result in less traffic impact at critical times.
Development Agreement directions to Staff.
If we move ahead as outlined above, I suggest we provide Staff with some specific goals for a development agreement. My current list includes, in no particular order:

(more…)

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It was after 11 last night when the City Council concluded its discussion about the next steps in the process to decide what to do about the Suzuki property. The Council agenda called only for “discussion” on next steps and not for a vote. But when each council member had given lengthy statements about his or her views on Suzuki, a visibly tired mayor Val Tollefson said he’d “counted noses” and believed a majority of four council members were in favor of developing the property for affordable housing. The four members supporting development are Roger Townsend, Wayne Roth, Mike Scott, and Val Tollefson.

They also supported doing the ecological study of the property urged by Council members Ron Peltier, Kol Medina and Sarah Blossom. Tollefson noted that much of the work for such a study has already been done and that the first task would be to work with City staff to learn what has been done, and to “fill the gaps” with a paid consultant. The four in the majority rejected the idea, floated by Peltier, that the City should use citizen volunteers for the study. (more…)

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home1We’ve heard a lot about the environmental value of the Suzuki property, and the potential ecological impact from development. In comparison, we’ve heard almost nothing about housing access, lack of diversity and other consequences of Bainbridge Island’s affordable housing problems. I don’t want to further polarize people, but I do think a balancing of the factors in the City’s decision would be helpful.

Fair housing is an ideal that emerged from our nation’s civil rights movement. In the 1960’s, a national advisory commission found that both open and covert racial discrimination prevented black families from obtaining better housing and moving to integrated communities. To overcome the legacy of segregation, unequal treatment, and lack of access to opportunity in housing, Congress adopted the Fair Housing Act (FHA).

The FHA outlaws obvious discriminatory practices like exclusionary zoning, discriminatory lending practices and racially restrictive covenants. Over the years, it has been expanded to cover several protected classes, prohibiting housing discrimination based on race, color, national origin, religion, sex, disability or the presence of children. Like many states, Washington has its own fair housing laws, and specifies additional protected classes, such as age, sexual orientation, political ideology and source of income.

But discrimination is not always obvious, and last spring, in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, the U.S. Supreme Court affirmed that housing policies resulting in “disparate impact”—a disproportionately adverse effect on protected classesviolate the law even if there is no intent to discriminate. The Court cited zoning laws and other housing restrictions as examples of actions that may not arise from intentional discrimination, but may nevertheless violate the law because they have a disparate impact on protected classes.

Also last year, the U.S. Department of Housing and Urban Development (HUD) finalized a new rule that gives sharper teeth to the Fair Housing Act, impacting all communities, including our own. This rule requires all agencies receiving HUD money to provide regular reports on actions they have taken to “affirmatively further fair housing.” These reports must be be submitted to HUD for review. This is a more robust standard than the previous requirement to do an “analysis of impediments” to fair housing, which fell short of the goal of increasing housing fairness.

How do these developments affect us locally?

Bainbridge Island receives HUD money through Kitsap County, according to HUD Public Affairs officer Leland Jones. For example, Housing Kitsap–our county’s public housing agency—provides HUD money to islanders who have Section 8 vouchers. Additionally, federal money provided some of the financing for Ferncliff Village, an affordable housing development of our housing nonprofit, Housing Resources Bainbridge (HRB). Thus, the island’s efforts to affirmatively further fair housing must be documented and submitted to HUD under the new rule.

Even before the new rule, there was plenty of publicly available information about regional housing efforts.  For example, a 2014 report by the Puget Sound Regional Council said that although most forms of overt housing discrimination are in decline in the Puget Sound region, the impacts of historical unfairness are still evident. The report further noted, “Structural causes of segregation continue to have a pervasive effect across communities, whether or not self-segregation or discrimination are also at play. People are residentially sorted by economic status. High-priced neighborhoods as well as neighborhoods with limited rental housing fail to provide feasible housing choices for low- and-moderate income households.”

Bainbridge Island is deeply afflicted with these structural causes of segregation, and is one of the most racially segregated communities in the entire region. According to our latest Housing Needs Assessment, the population of Bainbridge Island in 2010 (the most recent year for which data is available) was 91% white. Since 1980, minorities have consistently made up less than 10% of the island’s population. Compare this to other Puget Sound suburbs: Shoreline: 69% white; Bellevue: 60% white. Even our Eastside doppelganger, Mercer Island, is substantially more diverse than Bainbridge at 78% white. (more…)

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The City of Bainbridge Island is hosting a series of public meetings to review and discuss the four proposals for the use of the city-owned Suzuki property.

According to a city press release:

“The first meeting will occur on Tuesday, January 26, at 7:00 p.m. in the Council Chamber, and will be a three-hour special study session of the City Council. Each applicant will have the opportunity to give a half hour presentation, followed by approximately fifteen minutes for questions from Councilmembers. This meeting is open to the public and will be televised, but public comment will not be taken that evening.

“The second meeting will be held on Tuesday, February 9, in the Council Chamber, and will include both an open house and presentation component. The Open House will begin at 6:30 p.m. and will be an opportunity for community members to visit with the applicants in a less formal setting. At 7:00 p.m. each applicant will give a fifteen minute formal presentation. After the presentations, there will be a question and answer period moderated by the City’s Community Engagement Specialist. The meeting will conclude with another short Open House segment to allow for additional conversation with the applicants. (more…)

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imagesUpdated at the end of the post:

Denise Garcia, the tireless and awesome Bainbridge ambassador to Moms Demand Action for Gun Sense-WA, sent a note this morning about last night’s city council action on a resolution to support I-594.

“Just a quick email to let you all know about last night’s vote,” she wrote. “We had about a dozen Moms members in the chamber and two of us spoke.

“The council voted 6-1 to approve the resolution supporting I-594! Dave Ward’s was the lone dissenting vote. Bainbridge Island now officially joins Mercer Island in this important endorsement!”

Garcia quoted Mayor Anne Blair as saying, “Please extend my appreciation to the whole crew of folks who support this effort and encouraged, urged, pushed and cheered us on as we voted last night. Onward we go – now to get voters across the state to follow this pattern!” (more…)

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This letter was sent by Nancy Fortner to the local media, in response to the recent actions coming from the 23rd Legislative District Democrats.

I am an idealist with high standards and expectations to match. I value diversity, freely acknowledge that democracy is messy, and suffer no illusions that we must all always agree in order to be successful.

I do not know how many registered democrats live within the 23rd legislative district, but I’m pretty sure that the 140 of us who pay dues to be on the district’s mailing list represent a small portion of them, especially when you consider the sheer number of elected politicians and their accompanying family members and staff within the district included in that 140. I am also pretty sure that lots of people take note of information that all the local party organizations put out for public consumption, and expect it to be accurate and truthful. Judgements are made and votes are cast based on what people believe to be true and most closely aligned with their values.

To the 23rd dems board, and the dues paying membership, whether you are an elected politician, on their staff, or just a citizen like me: last time I checked, this is still a democracy and it may not be perfect, but I am here to say I am paying attention, and do not approve of dishonesty, lies or dirty politics. Stop it.  (more…)

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