I am writing in response to the upcoming Development Agreement Hearing on the Yarrow Bay Developments in Black Diamond beginning July 11. In talking with many of my neighbors within Enumclaw I continue to be surprised by the lack of information and knowledge regarding the impacts to our community and the unprecedented burden this will bring to the Enumclaw School District and all taxpayers that support this school district.
A recent review of public records revealed legal cost paid out of the ESD general operating fund to the law firm K&L Gates to negotiate and attend hearings related to the Black Diamond developments reflect a staggering $304,196. Enumclaw doesn’t receive any benefit from this development, yet our school district is forced to spend valuable general funds for Black Diamond’s unchecked growth. At the same time of this continued spending school budgets have been slashed, and teachers, librarians, sports, etc., have been reduced within our school district to compensate. Ironically, the city of Black Diamond has not spent a dime of their own funds for legal costs since they are covered by a funding agreement with the developer, Yarrow Bay.
The taxpayers of the ESD, which excludes a good portion of the taxpayers in Black Diamond, will pay a disproportionate share of the school financing for the seven new schools required to support a population increase of up to 20,000. This is in part because the ESD agreed to accept an agreement that collects significantly less than their Capital Facilities Plan requires in mitigation credits and/or Impact fees; failed to get a CPI index; and failed to get reimbursement of legal cost. The only thing the ESD got was the guarantee of one school site, all the rest requires future bond approval and/or King County permitting approval. Overcrowding is already acknowledged by the ESD for the first three to five years with very young children getting bused to Enumclaw and/or significantly more portables at the Black Diamond Elementary School.
Finally, the agreement is irrevocable for 20 years.
Control of the school board will be changing as well. The Enumclaw School Board is already contemplating two school board positions (one for each MPD) for Black Diamond and, at full build-out, Black Diamond will up to five board members thus controlling the Enumclaw School Board.
You can call the agreement a mitigation agreement, but even with mitigation, if appropriate provisions for schools are not made, then the law prohibits the approval of the subdivision. RCW 58.17.110 takes precedence over the Tri-Party School Agreement. In Section 3.2.1 of the Tri-Party School Agreement the school district has agreed to accept the mitigation and to not appeal land-use approvals as to this mitigation measure. The school district has not agreed that appropriate provisions for schools have been made. The Tri-Party Agreement only specifies an amount of mitigation; it does not guarantee appropriate provisions for schools are made. The city of Black Diamond does not have the authority to decree appropriate provisions have been made if school capacity will not be available
The real issues for me regarding this agreement is that there was never a public hearing on the Tri-Party Agreement nor were taxpayers in Enumclaw ever notified by the city of Black Diamond of any public process. This is consistent with a recent 3-0 ruling by the Growth Management Hearing Board that the city of Black Diamond violated the public participation process for the entire development and ordered the city into compliance; the developer is appealing this decision.
Please come to the upcoming public hearing starting Monday, July 11, at Sawyer Woods Elementary School. At the hearings you will be able to express your concerns to the hearing examiner that no public hearing was done on the Tri-Party Agreement; that there will be major impacts proposed for your Enumclaw School District, due to the lack of full mitigation.
Demand accountability of elected officials on your school board and in the city of BlackDiamond. Demand that Enumclaw taxpayers not be burdened for paying for Black Diamond’s unsustainable growth. Demand that you not lose control of your school board. You also can provide comments on how adding up to 20,000 new residents just up the road will impact your lives, commutes and quality of life. Come and let your voices be heard. Details on the Development Agreement Hearings will be posted on the city of Black Diamond’s MPD page: http://www.ci.blackdiamond.wa.us/Depts/CommDev/DA.html.
More information is available on the Courier-Herald website, http://www.pnwlocalnews.com/south_king/ech/opinion/letters/115519359.html or contact our citizens group at schoolaccountability206@hotmail.com.
Cindy Proctor
Enumclaw
