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The La Conner Town Council voted to approve requests making public a privileged memorandum and specific email correspondence from hired outside legal counsel during a special Zoom meeting Tuesday morning, Sept. 20.

The action reversed a 3-0 council vote to block access to the documents during a special session last Friday.

The Weekly News is among parties that filed a public records request for the material, prepared by the Kenyon Disend law firm, in order to quote accurately and more extensively what Town Administrator Scott Thomas had paraphrased during the council’s Sept. 13 meeting. The firm assessed the validity of the 1986 contract rezone of a Center Street property.

Thomas and Hayes had sought a second special council meeting this week following the Friday council vote.

“That was not the decision that Scott and I expected,” Hayes said in a phone call after the meeting.

Thomas agreed.

“We think the document should be out in the public,” he said.

Both said the Town administration is committed to transparency.

On Friday council members expressed reservations about releasing details of communication labeled confidential.

“I’m uncomfortable going against that,” councilman Rick Dole explained prior to the initial vote. “This would put La Conner in a very negative position with other attorneys we might work with in the future. And that’s something I don’t want to be part of.”

Dole was joined by council members Annie Taylor and Mary Wohleb. Council members Ivan Carlson and MaryLee Chamberlain were absent.

Dole’s concerns were alleviated Tuesday. Council was assured that its action would be limited to this one issue and not have a bearing on future attorney-client privilege situations.

Only council, as the client in this scenario, can waive the attorney-client privilege, Thomas said.

Dole, Taylor, Wohleb and Carlson comprised the unanimous majority on Tuesday. MaryLee Chamberlain was unable to attend the special meeting the next morning.

The 36-year-old contract rezone agreement, which for reasons no one is certain, was never codified in ordinance form nor recorded at the Skagit County auditor’s office. It was also misfiled under an incorrect address.

The rezone terms had required then-property owners Jerry and Donna Blades to submit to an historic design review process for development of the site in exchange for it being re-designated from residential to commercial use.

The location is at the rear of a former full-service fuel station in the heart of a single-family residential neighborhood.

The contract rezone is at the heart of a bid by owners Kate and Brandon Atkinson to build a three-story 20-unit residential building.

Their conditional use permit was approved by Hearing Examiner David Lowell In an appeal, or reconsideration, the contract rezone agreement was entered into the record by longtime resident Linda Talman.

Lowell remanded the agreement back to the Town to determine the validity of the contract rezone.

Seattle attorney David Bricklin, retained by two La Conner residents, has opined that the contract rezone is valid, and that the Town is obliged to honor its commitment.

Thomas said Kenyon Disend “are saying the agreement isn’t enforceable.” Their assessment is that the contract rezone was voided when its conditions were not revealed to those who had subsequently purchased the property following the Blades’ ownership.

Assistant planner job okayed

During session Friday, the council also unanimously approved creation of a full-time assistant municipal planner position. The Town has been unsuccessful in recruiting applicants for a new permit technician post.

“So,” said Thomas, “we decided to go in a slightly different direction and try to hire an assistant planner. We’re looking at a younger, talented planner just out of school.

“The responsibilities have been somewhat enhanced,” Thomas said. “We’re hopeful we can find someone to fill this position who can help reduce the workload on our planner and so we can have someone available whenever Town Hall is open.”