I spotted a white elephant roaming around Black Diamond the other day. Its name is rescind the ordinances.
There are a few trying to ignore it, but elephants are tough to deny.
It became very clear to me at The Greater Maple Valley-Black Diamond Chamber of Commerce forum Oct. 13. The elephant was sitting right in the middle of the room and it was being ignored.
The funny thing I have learned about debates over the years is candidates have to be asked the right questions if one really wants to know what a campaign is about. In fairness to candidates it takes the right question for candidates to get their message and ideas out.
From my side of the street, one of the central topics of this campaign is the issue of rescinding or repealing the ordinances approving the two YarrowBay master planned developments, The Villages and Lawson Hills.
I understand it is a painful and uncomfortable subject for many folks, but political campaigns are about the truth, or as close to it as we can get when trying to see into the future.
Hard questions without pat answers is where the real world starts.
The two YarrowBay developments would bring about 6,000 homes into Black Diamond, which has caused years of concern, consternation and at times, all out battles in public hearings.
The tussling and tugging behind closed doors and in public has been covered in this paper and others around the region.
Boiled to its simplest form, the issue causing the most angst are the number of homes. The number 6,000 looms large for some of the residents living in Black Diamond. That is more homes than people living in the town right now.
David Bricklin, a Seattle attorney who has represented appellants challenging the developments, said the council could rescind the ordinances based upon the Growth Management Hearings Board’s ruling. The board stated the city should have used a legislative rather than quasi-judicial process to approve the developments.
Bricklin said the council “tied its hands” in many other ways in terms of rescinding, but, one avenue open to the City Council for rescinding would be to base it on the hearing board ruling.
Other attorneys will disagree with this point of view. I have better sense than to jump into lawyer land. My interest is the campaign and a core issue driving the political process in Black Diamond.
I could not discuss this issue with the two incumbents, Leih Mulvihill and Kristine Hanson, because they are both currently considering the development agreements for the projects in a quasi-judicial setting.
I did talk to the other four candidates about rescinding the ordinances.
It was clear Joe May, who is running for Position No. 3 and Ron Taylor, Position No. 5, when given the opportunity to discuss the issue had a great deal to talk about and had thought about it from all angles.
May said it was one of those issues that, “can’t be swept under the rug.”
He said he knew it would be a “tough decision if the City Council rescinds. I believe it would automatically trigger a lawsuit by YarrowBay.”
May thought another option may be to bring the developments back to the Planning Commission, then back to the City Council for the legislative process the growth board ruled was correct. However, May said he didn’t see how that would fix the overriding problem, which is the size of the development, or the number of houses.
“Would it be economically feasible for YarrowBay to cut it by half?” May asked. “These are really tough questions.”
May said the issue of rescinding is a “potential (solution). I have thought about it. It is incredibly complex. It’s just not something you can answer yes or no. It’s got huge ramifications for the city.”
May said rescinding could mean a “serious financial challenge for the city. What happens to the funding agreement?”
As he has been out campaigning in the community, May said, there are “those who say ‘so what’ and others say it would result in bankruptcy (for the city.)”
May said the council members would also have to consider the possibility of a personal lawsuit against them.
Once the white elephant is out in the open, all the competing views start coming into focus, making it very complicated and interesting at the same time.
Taylor said he took the growth board ruling “very seriously. I don’t think we used the right process. I think there is a big question over the entire process.”
The council would have to consider rescinding with “care,” Taylor said. However, he said he has a “problem when a City Council decision is held captive by a city attorney or applicant’s attorney.”
Taylor said if elected he would consider rescinding, “based on the review board’s findings and based on the overwhelming feeling from the community.”
Taylor said he thought if the council rescinded the ordinances, YarrowBay would probably sue and if council didn’t, “there would probably be a lawsuit from the other side.”
Tamie Boxx-Deady , running for Position No. 1, said she “hadn’t thought that far. I’m not really going to say yes or no (about a rescinding decision).”
She did state, “If the community asked for it and the community come out in droves, then I would have to look at it.”
Pam McCain, who is running for Position No. 3, said she hadn’t thought about it in terms of taking a position because the City Council is considering the development agreements.
“I can’t give a thumbs up or thumbs down because I believe some essential decisions are before the council,” McCain said.
She did say she believes master planned developments are what people want.
After talking to the candidates it is clear this is an essential and difficult subject. It is being talked about — mostly behind closed doors — and it needs to be brought out in the open air.
If candidates and future council members are going consider this it will take serious thought, discussion and debate on what this action will mean for the future of Black Diamond.
The white elephant is out.
