September 1, 2011 Shelton Mason County Journal | ![]() |
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By KEVAN MOORE day in which a gun was in- ternal reports states. "It is
volved and officers original- a learning experience for
A Shelton police officer ly planned to stop him after Officer Moran that in set-
that set up an arrest in he left the school, ting up a location to meet
front of Evergreen Elemen- In addition to Moran, two a suspect that he (the offi-
tary School on June 14 as detectives and four other of- cer) specify and control the
children were being re- ricers were involved in ex- location. Officer Moran did
leased for the day received a ecuting the arrest. One of think to abort the arrest but
verbal warning this month the detectives, acting as a since the incident happened
following an internal inves- spotter from an unmarkedwithin seconds there was no
tigation, car, announced that Phil- way to relay the intent to
The investigation came lips was lea.ving the school other officers involved."
at the urging of former parking lot and officersTh~ report goes on to
Shelton School District Su- moved in. Phillips, though, say that Moran's intent
perintendent Joan Zook, wasn't leaving and parked throughout this entire inci-
who, prior to her retirement in front of the school in- dent was to do his job in the
just a short time later, ex- stead in order to pick up his most efficient and capable
pressed concerns about un- daughter, manner and to take a po-
announced police activity "Officer Moran stated tentially dangerous suspect
on school district property, that since the initial plan offthe street as soon as pos-
especially when it involved failed he felt that based on sible in order to protect the
a potentially armed and the accusations of violence victim and the public.
dangerous suspect, he needed to affect an ar- Following the internal
Chief Dave Eklund ac- rest before the suspect fled," investigation, Eklund ad-
knowledged at the time states part of the internal vised all of his officers that
that making the arrest in investigation, written protocols are being
front of the school was not In one report, the arrest developed for police depart-
appropriate and ordered an is described as "low key" ment responses on or near
internal investigation into and completed without in- school district property.
the incident, cident. The report says that Eklund also issued the
According to documents officers had their firearms following directive: "Always
from the investigation, Of- at the "low ready" position consider alternate options
ricer Calvin Moran used a without actually raising or prior to taking any police
ruse, via Craigslist, to set pointing them. The incident action which may include
up a meeting with Shel- began at about 3:29 p.m.changing locations or avoid-
ton resident Donald Phil- and officers left with Phil- ing police action, at or near
lips Jr., 25, in front of the lips in custody at 3:38 p.m. a school district property
school. Phillips was a sus- "In retrospect, it is clear and notifying the school
pect Jn a domestic violence that the locatlon was one prlor to our arrival and ad-
disturbance in the early that should have not been vising them a 'lockdown' is
morning hours of that same considered," one of the in- recommended."
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Journal photo by Natalie Johnson
Shelton Mayor John Tarrant looks on during a commission meeting.
State grants to city in jeopardy after
growth management ruling
By NATALIE JOHNSON a storage tank and removes sand from the
well, may have to wait.
Weeks after the Growth Management "The law is very clear - it said they can-
Hearings Board denied a city rezone and not approve our application," O'Leary said.
comprehensive plan amendment, the City If the city is deemed in compliance with
of Shelton may have more problems than the GMA before the trust's funding cycle is
stalled development - it could lose much over, it may still receive funding, but the
needed state funding, timeline is uncertain, O~eary said.
The City of Shelton Board of Commis-City staff and officials don't agree with
sioners voted this spring to rezone 160 the growth board's decision and have ap-
acres of land near the Port of Shelton's pealed it in Thurston County Superior
Sanderson Field. Court.
In July, the Growth Management Hear-"The bottom line here is we are doing ev-
ings Board denied the rezone, saying the erything we can to be back in compliance...
planned housing development would be, at our point of view is we have always been in
a half mile away, too close to the airport, compliance," Commissioner Dawn Pannell
and deemed the city out of compliance with said.
the Washington State Growth Manage- The Port of Shelton has long fought the
merit Act (GMA). rezone, saying that noise from the airport
Cities out of compliance with the GMA would soon prove to be a nuisance to resi-
are not eligible for state funding except in dents in the planned development, and
emergencies, said City Administrator Dave complaints would impede airport growth
O'Leary. and operations.
"It is important for us to resolve this is- In order to appease the concerns of both
sue. As long as the growth management the growth board and the port, the city con-
board rules us as not in compliance ... we're ducted a noise survey on the property, the
going to have more hoops to jump through," fourth it has conducted, O~eary said. The
O'Leary said. "It's a game changer for the city maintains that the noise study proved
city in terms of economic development." the land was compatible with residential
City staff is worried about two sets of development, but the growth board, in a 2-1
state funding they've recently applied for. split decision, invalidated the rezone, and
First, Department of Ecology Funds in- deemed the city out of compliance with the
tended to begin the Basin 3 rehabilitation GMA.
project, and second, a 20-year loan from The city plans to appeal the ruling on the
the Public Works Trust Fund to pay for grounds that the growth board is supposed
upgrades to city well number one, which to defer to local decision making, unless
serves Johns Prairie and the Port of Shel- someone shows that the applicable City or
ton. County clearly violated Washington law,"
Both O'Leary and City Director of Corn- O'Leary said.
munity and Economic Development Steve Until the appeal is completed or the city
Goins believe the city still has a chance to satisfies the growth beard Shelton will still
get the Ecology funds if it argues that there be out of compliance, and not eligible for
is "environmental degradation." most state funding.
In other words, the sewer pipes in Shel- "Don't we live in a country that believes
ton's Basin 3 are leaking, causing an en- in due process? We're sitting with a stamp
vironmental emergency. The other option of non-compliance even though we haven't
Goins said, is simply to find another way to had due process," a visibly frustrated May-
finance the project, such as leftover funds or John Tarrant said during Monday's reg-
from the Basin 5 rehab, ular city commission meeting.
However, the well project, which would "I have to assume the process will work
correct a problem causing high levels of how it's supposed to work and we'll" be
sulphides and iron in the well water, adds deemed in compliance," Pannell said.
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Shelton-Mason County Journal -Thursday, September 1,2011 - Page A-3