User:Shelter Orca Pod/sandbox

 Rainbow Park, Shelter Bay, WA 

Rainbow Park (aka “Little Park”) is a parcel of land on the Swinomish Reservation, located at the foot of the Rainbow Bridge on the Swinomish Channel in La Conner, WA. It features a BBQ area, picnic tables, grassy areas, and benches for outdoor recreation. It is inside the Shelter Bay planned community. It featured a variety of wildlife habitat, including many old madrone trees, which are considered sacred by the Swinomish Tribe. Rainbow Park was also used by the Swinomish and other tribes as a landing spot during their modern day canoe journeys.

In July, 2020, Steve Swigert, a Shelter Bay resident who owned property overlooking Rainbow Park at 95 Samish Place and is a member of the Shelter Bay Board of Directors, applied for permits from the Shelter Bay HOA Greenbelt Committee to clear trees and bushes on his property and on the Greenbelt between his property and Rainbow Park. In August 2020 the application for work on his property was denied, and he was given limited permission to work on the Greenbelt with strict guidelines. At the same time in August 2020, Ric Henderson, a project manager for Shelter Bay, was also working on a “Firewise” limited clearing project at Rainbow Park, and was given limited permission to perform Firewise maintenance on the area with a list of restrictions, including, among other things, that a member of the Greenbelt Committee be present for the trimming, no living trees be removed, and a licensed, bonded, and insured tree trimming company be used.

Over the Labor Day 2020 weekend, on or about September 4-7, 2020, Steve Swigert clearcut Rainbow Park and the Greenbelt between his property and the park, in addition to clearcutting some of his own property, in direct opposition to the instructions given to him by the Greenbelt Committee in August, 2020. Upon discovery of this unauthorized action, work was immediately halted. However, by this time Swigert had cut down and removed substantially all vegetation between his home and the waterfront. (5)

Subsequently, hearings were done within the Shelter Bay HOA management and Board of Directors, and the Swinomish Tribe. At a Board meeting in January 2021, Shelter Bay elected to indemnify Swigert and Henderson from damages, and on May 6, 2021 a Notice of Violation (2) was issued by the Swinomish Office of Planning and Development (“Planning Department”) and a fine of $92,513.50 was imposed on Shelter Bay and Steve Swigert. This was broken down into $12,513.50 as the cost of administrative fees for the investigation, and an $80,000 penalty for the increase in value to Steve Swigert property of 95 Samish Place ($40,000 in increased valuation, and the penalty was a doubling of this increased valuation.). This was paid from the Shelter Bay General Fund in July, 2021. It is unknown at this time of a Special Assessment will be imposed on the rest of the residents to make up for this loss.

This $92,513.50 fine was appealed by the Shelter Bay HOA to the Swinomish Tribe, and in a decision dated December 1, 2021, the appeal was denied by the Swinomish Office of Planning and Development. (3) (4)

As a result of a perceived lack of communication over this and many other issues, residents established a private Facebook group called Shelter Bay Town Hall to facilitate communication between Shelter Bay residents and the Board of Directors.

In addition, a group calling itself the Rainbow Action Committee (6), was formed to counter the actions of the Shelter Bay Board of Directors.

They support:

The immediate sanction and suspension of Swigert. Removing him from all duties and committees in accordance with the Shelter Bay Code of Conduct, Chapter 40, Section 40.010, paragraph J, which allows for suspension pending a meeting of the membership to remove him from the board.

Revoking the indemnification.

Require repayment of the $80,000.

Shelter Bay residents need to be aware that the cost of these violations does not stop with the current fines but will include the cost of restoration.

It is unknown when, how much, or who will bear the burden of restoring the Greenbelt and Rainbow Park. However, since Swigert and Henderson have been indemnified from any penalties, it is certain the residents of Shelter Bay will be paying one way or another for it.