Tracking Rainbow Park clearcut event history

Many Shelter Bay residents’ responses are critical of the Shelter Bay board of directors paying $92,513 in fines and penalties against the Shelter Bay Community, Inc. and Steve Swigert, a resident and board member, for Swigert’s clearcutting trees in Rainbow Park in September 2020. The Shelter Bay Town Hall group is considering lawsuits and recalling board members. Their research, and the documents provided for the Swinomish Planning Commission appeals case, many from the Shelter Bay board, track the sequence of events and Swigert’s role.

Here is a summary of actions and decisions.

In April 2020 the Shelter Bay Community’s Greenbelt Committee was planning to clean up the area at Rainbow Park and the adjacent Track J.

Ric Henderson was approved to be project manager by the Shelter Bay board for Rainbow Park repairs that July. Steve Swigert’s greenbelt maintenance permit was approved in August, with the minutes capturing “make it clear to the homeowner that no Firewise work is to be done or removal of trees,” by the Greenbelt Committee.

Five days later the committee denied Swigert’s view restoration request for his Samish Place home above the park. The committee noted its plans to have Firewise work done at the park and “believes this will improve the homeowner’s view.”

Committee chair Carole Miller conducted a walk-thru with Henderson on Aug. 31 and discussed trees that could be cut and not cut and stressed it be done by a licensed and bonded tree service and monitored.

Over the Labor Day weekend, the hillside above Rainbow Park was substantially clearcut by Swigert.

At the Sept. 9 Greenbelt Committee meeting they heard comments about the Labor Day tree cutting. The minutes note that “The greenbelt area behind the park was not approved by the Greenbelt/Lot Committee to be clearcut.”

At its September board meeting, President Tom Napier stated he had some concerns about the work done at Rainbow Park including removal of trees in an SSA (Shoreline and Sensitive Area), work done for a view restoration, and appearance of the work being self-serving.

No decision was made on imposing fines for the clearcutting at Rainbow Park at a special board of directors meeting Oct. 21, 2020. In December, the Greenbelt Committee requested the board of directors levy fines on Swigert and Henderson. At that meeting Shelter Bay Community manager David Franklin advised the committee that the Swinomish Tribe revoked Shelter Bay Community’s SSA permit. The Shelter Bay board continued its executive sessions in October and November.

The board met in executive session in January. Using legal counsel Philip Buri, and reading the association’s by-laws, the board indemnifies Ric Henderson and Steve Swigert from any penalties. The board accepted the resignations of Greenbelt/Lot Committee chair Carole Miller and vice-chair Susan Brown

The Swinomish Tribe assessed a $92,513.50 penalty against Shelter Bay on May 26, 2021. The statement included a line item in the amount of $80,000 for “Economic Enhancement for Lot 95” (Swigert’s home). The tribe notified Shelter Bay there would be additional mitigation costs, which they billed for $12,513.50 and Shelter Bay paid the total “under protest.”

The Shelter Bay Community paid the fine in June and filed an appeal against paying it.

The appeal was heard Nov. 1 and a 12 page decision on Dec. 3 upheld the fine and penalty.