The disclosure deception lawsuit, which Joe Kunzler dragged in by its heels in his letter about Island Transit, is about home-buyers in the Navy jet flight path who were not given the noise disclosure form required by Island County Code 9.44.050:
“The property … is located within Airport Environs mapped impacted area. There are currently 5 (five) active airport facilities in Island County … Ault Field and OLF Coupeville are tactical military jet aircraft facilities … used for Field Carrier Landing Practice (FCLP) purposes. Practice sessions are routinely scheduled during day and night periods.
“Property in the vicinity of Ault Field and OLF Coupeville will routinely experience significant jet aircraft noise …
“[T]he noise generated by the single flyover of a military jet may exceed the average noise level depicted by the airport noise zones and may exceed 100 (one hundred) dba.”
Instead, they were given Form 22W. David Wechner, Planning and Community Development director, said in a December 2013 memo to Island County Commissioners:
“ ‘Form 22W,’ apparently used by some Real Estate agents in Island County as a noise disclosure statement … does not contain both required disclosure statements, nor cite applicable County Code.”
Form 22W says:
“The Property is located within an Airport Noise Zone 2 or 3 impacted area. Persons on the premises may be exposed to a significant noise level as a result of airport operations.”
Note what is missing from Form 22W: Day and night Field Carrier Landing Practice. Flyovers that may exceed average airport noise and may be louder than 100 decibels — vital information, since 89 dba can cause permanent hearing loss.
If respect for the law means anything, it means home-buyers who had vital information illegally withheld from them deserve compensation, not evacuation, as Kunzler suggests.
Kunzler says Island Transit is the only way he has of getting here from his home in Sedro-Woolley. If we lose Island Transit, keeping him off the island will be the silver lining.