The Burlington Hill Truth 2013








CONCLUSION AND LEGAL ASSESSMENT
“The Burlington Hill Truth 2013” has completed its investigation which took nearly 3 years. New Pages of Documents Reveal Significant New Information, Which will fundamentally Change the Public’s Understanding of the misleading and incorrect statements the Skagit County and City of Burlington Officials conveyed. 

The Skagit County and City of Burlington Officials worked to pin all of the blame for their misleading and incorrect statements on certain individuals within the local community, but in reality, political operatives were spinning the false narrative to facts on the ground.

“The Burlington Hill Truth 2013” simply ask the people effected most by the actions of their local government to read this final report for themselves, look at the evidence we have collected, and reach your own conclusions. 

It’s our hope this final report will help ensure we address what went wrong so that political land use decisions like this never happens again.

                            “RIGHT TO MANAGE NATURAL RESOURCE LANDS”                            
This is a List of the Framers and the City Officials from the Office of Land Use of Skagit County, who had knowledge of, and were Instrumental in the Creation and Adoption of the Countywide “Land Use Control Ordinance;” Skagit County Code 14.38.030. 


BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON    
Ted W. Anderson, Chairman  
Robert Hart, Commissioner 
Harvey Wolden, Commissioner  

SKAGIT CIVIL DEPUTY COUNTY PROSECUTING ATTORNEY    
John R. Moffat, Attorney  
C. Thomas Moser, Hearing Examiner pro tem

SKAGIT COUNTY PLANNING AND PERMIT CENTER   
Roxanne Michael, Director  
Tom Karsh, Director                                                                                                                                 Gary Christensen, Planner                                                                                                                      John Cooper, Planner/Geologist  

SKAGIT COUNTY PUBLIC WORKS   
Chal A. Martin, P.E., Director/County Engineer

CITY OF BURLINGTON MAYOR   
Roger Tjeerdsma

CITY OF BURLINGTON MAYOR    
Edward Brunz

CITY OF BURLINGTON PLANNING   
Margaret Fleek, Director

CITY OF BURLINGTON PUBLIC WORKS   
Rod Garrett, Director

CITY OF BURLINGTON PUBLIC WORKS   
Chal A. Martin, P.E., Director


This is the only Countywide “Land Use Control Ordinance,” of its kind, ever recorded in the United States of America. With a fully conscious, with a willful intent, and with a measure of forethought and planning, Skagit County and particularly the City of Burlington, purposefully misplaced this Countywide “Land Use Control Ordinance,” which was originally recorded and in place in the year of 1996, 4 years before the Burlington hill development was ever platted and recorded. The final Countywide “Land Use Control Ordinance,” procedures, were misplaced and not disclosed until September the year of 2014, sixteen years after its final recording. 

                                             In the Friends of Skagit County v. Skagit County, Case No. 95-2-0075;

The Western Washington Growth Management Hearings Board concluded that Natural Resource Lands must be designated before Inter Urban Growth Areas are established unless there are overriding reasons not to do so.

On March 26, 1996, the City of Burlington Planner, Margaret Fleek, presented an update in regard to Burlington's proposed Urban Growth Area plan. Ms. Fleek stated that it is Burlington's intention to straighten out the boundary and address transportation, flooding and drainage problems rather than develop. Ms. Fleek presented a map which illustrated the proposed plan, stating that 387 acres will be returning to the population pool. Commissioner Hart expressed his concern regarding the order from the Growth Hearings Board to finish the Resource Lands designation and stated that this process would be held up at this time. Ms. Fleek mentioned that all critical areas should be retained as resource lands. 

Skagit County and particularly the City of Burlington, allowed this development, which was previously used as an asbestos mining operation to proceed. Skagit County and particularly the City of Burlington, were fully aware of the previously asbestos mining operation through geological reports, and documents recorded throughout the City, County, and State of Washington over the last 75 years, but allowed the development to occur anyway. (Designation never happened; See 1997 Annexation and 1999 SEPA).


THE MOST EXTREME SITE PLANS REQUIRED MASSIVE OPEN PITS MINE TYPE BLASTING - IN THE MIDDLE OF A CITY 

  • THE MOST EXTREME SITE PLANS REQUIRED MASSIVE OPEN PITS MINE TYPE BLASTING - IN THE MIDDLE OF A CITY

CITY PLANNER MARGARET FLEEK, EXPLAINS DUTY, RESPONSIBILITY AND PARTNERSHIP, ALONG WITH HER INVOLVEMENT IN, AND KNOWLEDGE OF, BURLINGTON HILL, DATING BACK TO THE YEAR OF 1994

  • 12/21/1992 16.08.050 TOPOGRAPHICAL ANS SURFACE HAZARDS-PROTECTIVE IMPROVEMENTS
  • 10/06/1992 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S DISCUSSION
  • 1994 BURLINGTON HILL BUSINESS PARK BINDING SITE PLAN
  • 04/22/1996 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S DISCUSSION
  • 04/26/1996 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S 
  • 09/10/1996 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S DISCUSSION
  • 1997 BURLINGTON HILL BUSINESS PARK PHASE II
  • 1997 ANNEXATION
  • 1997 CITY PLANNER MARGARET FLEEK'S RELATIONSHIP WITH THE BURLINGTON BUSINESS PARK 
  • 11/18/1997 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S DISCUSSION
  • 04/21/1998 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S 
  • 07/28/1998 RECORD OF THE PROCEEDINGS SKAGIT COUNTY BOARD OF COMMISSIONERS/GMA AND NRL’S DISCUSSION
  • 02/14/1999 SEPA
  • 2013-2014 MARGARET FLEEK CITY PLANNER DECLARATION EXCERPTS

SKAGIT COUNTY ENVIROMENTAL HEALTH DEPARTMENT; AWARE OF NOA ASSESSMENT SINCE 1998


NORTHWEST CLEAR AIR AGENCY; AWARE OF NOA ASSESSMENT SINCE 1998 

  • WRD2310 - OCCUPATIONAL EXPOSURE TO ASBESTOS
  • SECTION 570 - ASBESTOS CONTROL STANDARDS

ENVIROMENTAL PROTECTION AGENCY NOA ASSESSMENTAND CONCLUSION  

  • EPA LACKS AUTHORITY TO ADDRESS NOA REMOVAL
  • EPA FRAMEWORK ASBESTOS GUIDANCE - REFERENCE PAGES 7,8,10,17,18   

2016 HOUSE BILL 2971 - REAL ESTATE TRANSACTIONS - CITY AND COUNTY REGULATION 

  • 2015 HOUSE BILL 2122 TRANSACTIONS - LOCAL GOVERNMENT AUTHORITY
  • 2016 HOUSE BILL 2971 CITY AND COUNTY REGULATION

CITY ATTORNEYS DECLARATION EXCERPTS REGARDING “MENTAL IMPRESSIONS, CONCLUSIONS, OPINIONS AND LEGAL THEORIES

  • 2013 CITY ATTORNEY SCOTT THOMAS DECLARATION EXCERPTS
  • 2013-2014 CITY ATTORNEY JILL SMITH DECLARATION 

LEGAL ASSESSMENT AND CASE REFERENCES EXPLAINING THE CITY OF BURLINGTON'S DUTY AND LIABILITY 

  • TORTS 2016  
  • UNREASONABLE ZONING ACTION “SPOT ZONING”  
  • A CAUSE OF ACTION FOR MAINTAINING A NUISANCE  
  • DID THE CITY OF BURLINGTON, WHO PERMITTED THE OVERALL APPROVAL OF THE SUBDIVISION INCREASE THE RISK OF HARM
  • ACTION PURSUANT TO STATE ENVIRONMENTAL POLICY ACT
  • CLAIMS AND CAUSES OF ACTION; RCW 58.17 SUBDIVISION ACT
  • CONSTITUTIONAL PRINCIPALS AFFECTING A LOCALITY
  • A CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF MENTAL DISTRESS FOR HARM AND DAMAGE OF LAND
  • DUTY EXISTS TO PREVENT HARM CAUSED BY NATURALLY OCCURRING DANGEROUS CONDITIONS 

CONCLUSION

REGULATORY STATUTES REQUIRED UNDER THE RCW AND WAC CODES:

  • THE FALL OF 1994, MARGARET FLEEK [CITY PLANNER] AND MR. MADLUNG [THE DEVELOPER] PARTNERSHIP BEGINS
  • THE CITY OF BURLINGTON FAILED TO ADHERE TO THE FOLLOWING REGULATORY STATUTES REQUIRED UNDER THE RCW AND WAC CODES
  • WHAT WE CAN CONCLUDE IN 2016

APPENDIX 

  • 1991 SKAGIT COUNTY RIGHT TO FARM ORDINANCE
  • 1996 COUNTYWIDE ORDINANCE ADOPTING NATURAL RESOURCE LANDS DESIGNATIONS 
  • 1996 THE GROWTH MANAGEMENT ACT
  • 1996 THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD
  • 1996 SKAGIT COUNTY NATURAL RESOURCE LAND CLASSIFICATION AND DESIGNATION PROCESS
  • 1996 ADDENDUM TO EIS FOR LAND USE AND CLASSIFICATION AND DESIGNATION OF NRL'S
  • 1996 SKAGIT COUNTY FAILED TO DESIGNATE ALL OF ITS NATURAL RESOURCE LAND
  • 2000 SKAGIT COUNTYWIDE LAND CONTROL ORDINANCE:                                                                                                            
  • 2007 SKAGIT COUNTYWIDE COMMISSIONERS UPDATE
  • 2014 -2016 COMMISSIONERS UPDATE  
The links to the PDFs below consist of a 2015 Burlington Hill case abandoning a $5,000,000 claim for no value due to the presence of asbestos. And an updated case to reflect the final version that will be filed in Federal Court.) (See attached Draft Complaint (including asbestos allegations) 2016)
 Below is the full report with links to PDF files of each section.