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Scott Terrell

SEDRO-WOOLLEY — More than 100 students marched outside the Municipal Building on Monday to protest a refuse transfer station near their high school — while inside, lawyers crossed verbal swords.

The nearly two-hour hearing centered on Annie Janicki’s allegation of bias in the Planning Department, which evaluated Deluxe’s permit application, and counterarguments from the city and Deluxe Recycling and Disposal. Now all the parties must wait up to 21 days for Hearing Examiner Don Largen’s decision.

Largen did make one decision Monday — to deny Deluxe’s motion to dismiss Janicki’s appeal without a hearing. Deluxe had argued that Janicki’s appeal was filed too late because the city mistakenly published a deadline that allowed more time than city code.

The appeal hearing was seen by many opponents as the final chance to stop the planned development after months of debate about the city’s evaluation of Deluxe’s building permit application.

Opponents say they worry about how the solid waste and recycling transfer station might affect the nearby school and residential areas.

Public concern was raised at private events, at public meetings, in letters published in local newspapers and in impromptu conversations, neighborhood petitions and forwarded e-mails. That concern had swollen so large by Monday morning that the hearing room quickly filled to capacity.

But if anyone hoped to testify, they were likely disappointed. Microphones were reserved for Largen and representatives for Janicki, the city and Deluxe.

Janicki’s daughter Mary McGoffin and attorney Tom Moser spoke for her during the hearing, but at its close, the 78-year-old Janicki addressed the attendees.

“I know how frustrated you are because we were told don’t worry, we are going to get our chance to say something,” she said. “... Do not give up. We do not know what the determination is going to be.”

Largen said he had read public comments sent to the city and would review new petitions and letters given to him at the hearing. He did not, however, allow any public testimony.

“The box that I operate in is a very, very small one, and I do not get to step outside of it,” Largen said. “I am limiting testimony today to those that are directly involved with this appeal.”

The portion of Deluxe’s permit application at issue is the Mitigated Determination of Nonsignificance or MDNS. The city issued that finding, which included 27 conditions that Deluxe must meet for a permit, instead of a fuller Environmental Impact Statement.

Janicki’s written appeal charges that the conditions set by the city are illusory and unenforceable and that the project warranted a more rigorous environmental review.

Attorney Tom Moser said Monday that the city Planning Department gave a weak review because it was “contaminated” by a resolution passed by the City Council and signed by Mayor Mike Anderson in May 2007. That resolution voiced support for Deluxe building in town and thereby made it a foregone conclusion that the Planning Department would accept the permit application, Moser said.

But attorneys for the city and Deluxe said there was no evidence of bias in the Planning Department. In fact, argued the city’s attorney Bob Carmichael, the May 2007 resolution specifically states that it should not be construed as approving any specific facility.

Planning Director Jack Moore testified that neither he nor his staff was swayed by the resolution nor were they pressured by the mayor or council members.

“In my mind, it did not give me the idea that this business or application would be looked at any differently from any other application that would come into my department for review,” Moore said of the resolution.

Moser also charged that the solid-waste facility would be at odds with the city’s comprehensive plan. Deluxe attorney Phil Serka responded that the question at hand was the environmental review, not the city’s comprehensive plan.

Largen gave no signal as to his leaning on the case, but he did have something to say to the massive crowd of transfer station opponents.

“I think you folks have done yourself proud by demonstrating that you are concerned with what happens,” said Largen, who closed the hearing to applause.

* Elliott Wilson can be reached at 360-416-2147 or at ewilson @skagitvalleyherald.com.