$300,000 Dearborn contract considered

The Island County Commissioners will consider Monday whether to approve a contract with attorney and consultant Keith Dearborn to assist in reviewing and updating the county’s Growth Management Act critical areas policies and regulations.

Dearborn has had a long history with the county in which he has collected hundreds of thousands of dollars in fees. He was originally contracted in 1983 and 1984 to update the county’s comprehensive plan and zoning ordinance. The county had previously been using an interim zoning ordinance that dated back to 1966. The new ordinance went into effect on Jan. 1, 1985 and stayed in effect until 1998.

Dearborn, who has a degree in planning in addition to a law degree, was brought back in 1997 in the same capacity. Jeff Tate, Island County Planning and Community Development assistant director, said the attorney was a good match for the county given his background and institutional knowledge.

“His background is suited for it,” Tate said.

The GMA requires that critical areas ordinances be updated, which prompted the county to consider hiring the special counsel a third time.

The contract being considered by the commissioners totals nearly $300,000. Tate said his department is well aware of the significant expense, but the cash outlays are necessary to get the job done correctly and efficiently.

“It could be a lot more expensive,” he said, adding that bringing in a new consultant or attorney unfamiliar with the county would be counterproductive. “It’s not a cheap proposition, but the county doesn’t have a choice in that decision,” he said.

County spending is constantly scrutinized by the public. Tate said contracts are drawn up with prudent use of taxpayer money firmly in mind.

“We don’t spend money without thinking about those things,” Tate said. “The county staff, we’re not scientists. It can’t be done inexpensively.”

The Whidbey Environmental Action Network is less enthused about the contract the commissioners will consider approving. Marianne Edain of WEAN claimed that Dearborn has contempt for land-use planners, which makes him decidedly ill-equipped to work with the comprehensive plan development regulations.

“He doesn’t know squat about critical areas ordinances,” she said.

Three years ago Edain said WEAN submitted proposed changes to the county’s critical areas ordinance along with an $800 fee.

“The commissioners, the planning commission, and planning staff took our money, but ignored our proposal,” Edain said. “Two years ago, we came back and asked what they had to show for WEAN’s money. They acknowledged error and invited us to resubmit our proposal. We did that. Last year WEAN asked what they had to show for their money and they told us they were busy, they were working on it, be patient.”

Edain said WEAN sent a certified letter to Island County Planning Director Phil Bakke in July, but he did not reply. She said their proposal is based on science, which is imperative in an ordinance. After paying the fee, the county was obligated to consider the critical areas draft, she said.

“The county isn’t following their own process for reviewing proposals.” Edain said. “We do wonder why the county would hire an anti-GMA attorney to rewrite the critical areas ordinance, and why, three years later, WEAN still hasn’t heard when they intend to address it.”