But It Was All Just A Misunderstanding

After much gnashing of teeth and countless hours spent in research, signature gathering and attending meetings, it turns out that the proposal to impose new conditions on land use near the Friday Harbor Airport was just that: a proposal.

A public hearing was held to discuss and explain the proposal, and so many members of the public showed up for the hearing, some simply could not get in the building, and those on the sidewalk had to wait for information of "what-the-heck are they saying" to be passed outside to them. Some simply left before the big question of the night was asked: "What happens if we simply don't do anything with this proposal"? Well that was the question that someone should have responded to early on, because the answer from the Town Planner turned out to be "Nothing". No loss of revenue, no sanctions from the Town, no action from the FAA Great White Father. Nothing. For now anyway. At some point the Town may have to adjust or change some land use regulations IF necessary to meet GMA requirements. But for the time being, things can go on as they have.

Not only was the proposed changes to land use not required by the Town, or the Port Airport District, the FAA was against the whole idea in the first place. What, exactly, was the idea? Well, according to the Port staff, they were (and always are) looking for ways to mitigate the noise (read: stop the complaining) of planes taking off from the airport. Noise has been a concern for years, but as the use of the airport continues to grow -it has the highest use in the state for it's classification- noise complaints are generated, and this in turn creates concerns for the airport staff.

So once that was cleared up, everybody went home. San Juan County.. Ya got to love it!

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SJI School District Explains Wait on Ball Fields

SJI School District Board Members L to R: Bob Mancuso, Emily Orr and Chair Boyd Pratt

By Boyd C. Pratt & Michael Soltman

After several weeks of listening to the opinions and concerns of all the stakeholders involved in desiring to provide athletic fields for community use, last night the San Juan Island School District Board of Directors determined that it would be irresponsible to proceed with the development until several questions are answered:

1. What are the actual development costs? Development costs cannot be fully known until the conditional use permit is processed and approved by the Town Council. Then, and only then, will the costs for adjacent road improvements, etc. be known. These costs along with true field development costs, based upon engineered specifications, must be documented.

2. What are the sources of funding to meet identified development costs? The Board must be able to review the funding sources to determine that, in fact, the project can be completed to the engineered specifications.

3. What are the sources of funding for the ongoing maintenance and operation of the athletic fields? The Board must be able to review the funding plan documenting sources of ongoing revenue necessary to operate the fields.

Over the past several weeks inconsistent historical memory, errant "factual" information, and opinion have fueled the debate regarding this project. Here are the facts as we know them:

1. The actual committed donation from the gravel pit is for 1,000 – 1,500 cubic yards of pit run at a value of approximately $12,000 - $18,000. No commitment was made for any additional material, including sand. However, Doug Higginson said, "there may be some material available at the end of the reclamation process." The rumor of a donation reported to be $200,000 - $300,000 is false.

2. The estimated need for material is 14,000 cubic yards according to engineering estimates. The committed donation from the gravel pit is only 7% of the actual material needed. Additional material expense must be included in the project development costs.

3. There is no urgency to move material to the field site. Doug Higginson has agreed to store any donated material at the gravel pit until we can use it. If the County becomes the owner before we need the material, Randy Gaylord has assured us the material will be continue to be stored for us.

4. The District filed the conditional use permit over three months ago pending the traffic study promised by Don Galt. The study will be complete in 2 weeks. The application will be advertised for 30 days. The Town Council will hold a hearing to determine if the permit will be approved, and what, if any, conditions will be placed upon the development.

5. The District has designated the project to be completed in two phases, three fields at a time, to ensure that they are properly developed, and that there is sufficient funding for maintenance and operations.

6. Island Rec's current commitment to maintenance and operations of the fields is to participate in the development of a community-based plan for funding. There is no current plan for funding maintenance and operations. Annual costs are estimated to be $50,000 – 70,000 (assuming irrigation water provided by wells).

The School District continues to be committed to making the 30 acres available to our community for athletic fields. However, before proceeding with approving groundbreaking we will insist upon approval of the conditional use permit, a comprehensive plan detailing all development costs, documentation of adequate funding for development, and identification of resources for the ongoing maintenance and operations. Would you expect any less oversight of a community asset and a major development project?

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"I Don't Think I Can Fix It"

A hot day of mowing a dry field and a malfunction of a bailer started a fire in the bailer that quickly spread to the ground. The fire burned about a third -if that- of an acre until it was put out. The operator of the machinery was able to detach the tractor and save it, but as owner Rich Lawson said "The bailer is a total loss. it's now charcoal instead of green. I don't think I can fix it…I don't think paint will do it". Mr. Lawson is well known for his dry humor.
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Gen. Pickett Presented Award By SJC Theater

(SJCT Photo. Left to right: Michael Vouri, Michael Cohen, and Merritt Olsen)

After the performance on July 22 at the SJ Community Theater, Merritt Olsen, behalf of the Theatre's Board of Trustees, presented a plaque to Michael Vourion that reads as follows:

"In commemorating ten years of performing The Life and Times of General George Pickett at San Juan Community Theatre, the Theatre's Board of Trustees congratulates and thanks Michael Vouri for creating and producing a masterful play that significantly contributes to the quality of life on San Juan Island."

Read more about Michael Vouri and his award winning performances about how it all came to be: Previous Story

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So Who Needs A Committee Anyway?

The BOCC has decided that appointing a citizens committee to advise the BOCC on Essential Public Facilities was not only not necessary, but in the words of Public Works Director Jon Shannon, "This is big time stuff we are dealing with…I am afraid we will get bogged down.. I think we need to just move forward". Community Development and Planning Director Matt Zybas agreed with his former boss. The lone voice for going forward with the appointment was Commissioner Lichter, who made a motion that all seven applicants be appointed to the committee. Lichter stated that "I am interested in as much citizen input as possible.. I would like to go with the seven member committee".

Commissioner Miller pointed out "We don't have to appoint this committee".

Lichter responded that "We have intelligent, knowledgeable people on this list, and we have asked them to come forward to apply, and I think we should appoint them"

Commissioner Miller, obviously frustrated, said "This is ridiculous.. as we saw this morning (referring to comments made to the BOCC during Citizen Access Time) not everyone out there is knowledgeable".

Martin Blackman, Senior Planner for the project expressed concern that the County may be open to criticism for twice asking for citizen participation on a committee, and then not appointing one. He advised the Board to seek an opinion from Prosecutor Randy Gaylord, who was present for the meeting, but the Board failed to ask Mr. Gaylord for advice.

In the end it was decided that the Planning Commission would be the "committee", but that the seven would-be volunteers would be specifically asked to attend the PC meetings; which of course are always open to the public in any case.

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Guest Houses Only With Permits Prior To 2000

Throughout the County, people have built a guest house first with plans to build a main house later. In 2001, thirty people appeared before the Growth Board and asked the Growth Board to clarify its rulings to allow them to continue with those plans. The Growth Board issued a Clarifying Order in 2001, which the county implemented by allowing construction of a main house in the few circumstances where a structure that qualified as a guest house already existed on the property. Gaylord said that decision, by a different Growth Board, was based upon a fair approach that honored the reliance by citizens backed by investments in their property.In 2004, the Friends of the San Juans, Lynn Bahrych and Joe Symons objected to the 2001 Clarifying Order and the county's interpretation of that ruling. On July 21, 2005, the Growth Board said that the 2001 Order is limited to those circumstances where the vested rights doctrine applied.

But now another ruling from the Growth Board on the construction of a guest house states that only people with a "vested right" may build a guest house or construct a main house on property with an existing guest house. "This decision closes the door for a few people who had built a guest house first and planned to build a main house later," said Prosecutor Randall K. Gaylord. "In the big picture, there are few people who will be affected by this decision, but for those people the decision is harsh," said Gaylord.

According to Gaylord, the "vested rights doctrine" requires a person to have filed a complete application for a building permit for the main house and the guest house before November 30, 2000. "Simply showing a guest house on a plot plan is not sufficient," said Gaylord.

The Growth Board observed that the larger issue of detached guest house construction is on appeal to the court of appeals in Tacoma and that a decision is expected soon. The case was submitted to the appellate court after oral argument on March 28, 2005. "A decision from the appellate court is expected any time in the next three months," said Gaylord.

Gaylord said he will meet with the Board of County Commissioners on August 9, 2005 to discuss whether to appeal this decision, or simply wait for the court of appeals' decision.

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Bahrych Scolds Gaylord

Bahrych Press Release

The Western Washington Growth Hearings Board has just issued a decision that essentially asks the County, "What is it about "No" that you don't understand?" In November of 2000, the Growth Board found that the County's practice of allowing two houses on every legal parcel was in violation of the Growth Management Act. Six months later, in April of 2001, the same Growth Board ruled that "vested" rights were not changed by this order. This ruling permitted people to continue with their development plans if they had a vested right to build a guest house and a main house.

San Juan County's Prosecuting Attorney Randy Gaylord chose to interpret this statement to mean that anyone with an existing house of 1,000 square feet or less (with a few other conditions) could have the same privilege as someone with a legally "vested" right to build a second house. That is not what the Growth Board meant. That is not what the Growth Board said.

Mr.Gaylord has persisted in his misinterpretation for four years, causing both the Petitioners and the County to spend tens of thousands of County and private tax dollars to litigate the issue.
It was always simple. It still is simple. Vested rights were not affected by the Growth Board's Order. The latest Board Order says that, once more time. It basically restates what was ordered nearly five years ago. This time I trust that the Board's order will be followed.

Lynn Bahrych, attorney for Petitioners
Shaw Island

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Cady Mountain Forest Land Protected

By Eliza Habegger

The San Juan County Land Bank has signed an agreement with the State of Washington Department of Natural Resources (DNR) for the purchase of 40 acres on Cady Mountain, San Juan Island. Old-growth and mature forest groves, secluded wetlands, and rocky outcrops with views of Mt. Baker are among the property's special features. This purchase will keep the land in public hands, and will enhance the Land Bank's adjoining 80 acre Cady Mountain Preserve. Closing of the transaction is expected by the end of 2005.

"I feel like I've gone back into the wilderness when I walk over that hill," said Cady Mountain resident Tom Small. "This land, with its huge trees and beautiful forest, supports a sense of peace for me. It's one of the few remaining untouched places on this island."

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Water Rights Fees Increased.. Because..?

It may take years -if ever- to receive a water right from the State of Washington, but the fees to apply for one have been increased. So why now, and what is the need for the additional revenue if the program has not changed? The explanation can be found in where the extra money is to go. 80% of the money will go not to the folks that process the applications, but will be transferred to the state general fund. The other 20% will be used to set up a tracking system for those applications that will now cost more. Only 4% of the fees will actually be used to process the applications. If this additional 4% will result in a speeding up issuing rights is not known.

According to a press release from the Department of Ecology, the existing application fees have not changed for 50 years. They have now been increased as follows:
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Concerns Not Going Away On School Land Development

Subject property showing proposed fields -Arrows show access roads

At a neighborhood meeting with staff members of the SJI School District, neighbors expressed concerns about the District's decision to stockpile up to 1500 cubic yards (about 150 dump truck loads) of sand and gravel that will be used for the future development of the land by the District. The sand and gravel has been donated by the LaFarge gravel pit, but it must be moved prior to a September 30th deadline imposed by the reclamation process at the gravel pit. The District wants to move forward on obtaining the gravel, but the neighbors of the school property are concerned that the trucking in of the gravel will determine a future road entrance for the school that they do not approve of, and that the storage of the material may also have a negative impact on drainage on the site, that may in turn add to ongoing drainage problems in the neighborhood.

The neighbors repeatedly asked the District representatives to hold-off on the gravel until a Conditional Use permit has been issued for the site by the Town of Friday Harbor. The District is not ready to apply for the permit until additional administrative and planning is complete, but yet is fearful of loosing sand and gravel that is worth over $30,000.00. The District is also concerned that the momentum to build the ball fields at no cost to the taxpayer by using pledged labor and money, may be lost if progress on the project is not shown to the contributors.

The main issue at the meeting in general was traffic, and in particular where that traffic is going to enter the neighborhood. The District has very limited choices on how to access the property, and none of them are very attractive to the neighbors, but there may simply be no other viable choices then the existing dedicated streets leading to the property. There has been some hope that an additional access can be realized on the north of the property, but while the outcome of that access point becoming a reality is in doubt, the District is still pursuing it. The District has promised to use all available access points to truck in the gravel, except there will be no use of Larson off of Roche Harbor Road.

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Time Running Out To Be On Ballot

With the exception of the County Commissioner position, this is the last week to file for non-partisan offices in San Juan County: Monday, July 25 at 8:00 am until Friday, July 29, 2005 at 4:30 p.m. If you want your name on the ballot for the County Commission District Three position, then the last chance to sign up will be August 3, 4 and 5; the extension is due to the simple fact that Commissioner Miller will still be a commissioner until July 31.

And speaking of the District three position, it is expected the interim Commissioner that will replace Miller until the General Election, may well be decided on August 2nd, which is the first regularly scheduled meeting of the BOCC after Miller's resignation becomes effective. (Past Story)

Both Commissioners Lichter and Ranker have received input as to who Miller's appointment should be, and given the pressing issues in front of the BOCC, it will be helpful to move forward with a full Board as quickly as possible. While it is assumed the Board will soon agree on a replacement, it is possible that it could take a long time. The Board can put off -or argue over- who the replacement should be for up to 60 days, at which point the Governor is authorized to step in and make the appointment. But whomever the replacement may be, it will be the county voters in the November election that will decided who the District 3 Commissioner will be for the next four years.

Before the November election, there will be the primary election, which will be held on September 20. If three or more candidates file for a position in the primary, the two candidates with the most votes will move forward to the General Election ballot for the November 8th election.


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Soon to be seen: "Welcome To Roy Franklin Terminal"

(The FH Airport Terminal Building)
A proposal to the SJI Port Commission to name the airport terminal building in Friday Harbor the Roy Franklin Terminal, appears to now be acceptable to the Port Commission. A very brief presentation was once again made at the last Port meeting, proposing the naming of the terminal, and the construction of an aviation display of the history of the aviation in San Juan County, be approved by the Port. It was one of those rare moments in county government when everyone was in agreement on a proposal to do something new and different.

When the proposal was first presented by a committee made up of Dr. John Geyman, Ray Bigler, Tom Schramm, Sam Buck Sr., Dodie Gann, Don Galt and Dennis Willows, there was an existing policy on the naming of memorials, that if named for a person, the individual had to be deceased. One problem with the proposed name change is that Roy Franklin is still -by all accounts- very much alive and kicking. but no one, the Port, the Pilots Association, members of the San Juan Lions Club, the Historical Museum, the Hospital District, the Medical Guild, the San Juan Eagles and the Soroptimists, to name a few, wanted to wait for that sad day to occur. So the Port held a public hearing at their next meeting to discuss the matter, and has now agree to change their policy on memorial dedications, and to name the terminal building -but not the airport- the Roy Franklin Terminal.

According to Port Director Steve Simpson, the original policy on the naming of memorials had been adopted to allow some "cooling off" time to elapse prior to naming a building or development, so that a dedication was not hastily made based on a current event. Sam Buck Senior quickly pointed out that did not apply in the instant case, since both the proposal and Roy have been around for a long time.

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Bob Myhr (D): A Candidate For The BOCC

Bob Myhr, with his wife Joyce, has lived at David Head on Lopez Island for over 20 years and has been a property owner in the San Juans since 1967. In 2002, he retired from his position as Executive Director of The San Juan Preservation Trust. His work with the Preservation Trust has given Bob the opportunity to visit most of the islands--big and small--and meet and understand the interests and needs of islanders throughout San Juan County.

Some examples of Bob's involvement in countywide affairs include the following:
. Initiated, in cooperation with the county Planning Department, the creation of the Open Space and Conservation Plan (1990-1991) that ultimately became part of the San Juan County Comprehensive Plan
. Member of the committee to establish the San Juan County Land Bank (1990) and to support successful renewal of the Land Bank (1999)
. Member of the San Juan County Comprehensive Plan committee (1993-1995)
. As Executive Director of The San Juan Preservation Trust, negotiated with private property owners for the protection of the open-space values of more than 8,750 acres of woodlands, open farmland, and natural shoreline on 15 islands throughout San Juan County (1985-2002)
. Worked with Washington State Department of Natural Resources and US Bureau of Land Management to create natural preserves on government lands throughout the county (1985-2002)
. Member of San Juan Valley Heritage Plan Committee, San Juan Island (2001)

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Two Volunteer Groups Want County Funding

The San Juan Conservation District has asked the BOCC to hold a public hearing for input on their request for an excise tax of $5.00 per tax parcel. The money is to be used to help finance the providing of free service to county residents.

Currently the group gives advice and help on Farm and Forest Conservation Management Planning, Residential Low-Impact Development Education / Guidance, Stormwater Management Guidance (based on SJ County development requirements), and Natural Resource Education Workshops / Clinics. Because the demand is great, and grant money and matching funds are hard to come by, the group would like to receive a steady and constant income stream for their activities. The public hearing will give the public an opportunity to voice their support or opposition to the new tax.

The Navigating Our Future, Housing Project, is another group that has an eye on a new tax, but this one is interested in taxing only those who purchase a home. According to a newsletter sent to The Guardian, the group has determined that their goal of providing perpetual affordability in the open market, that is, with only private money, is simply not possible, and that "The only solution that we have found that works for moderate income families is the Land Trust approach. This approach, … acquires the land, retains ownership of that land, and charges a very low lease fee to the homeowner (typically $1 for a very long term lease). By removing the cost of the land, we can reduce the cost of the house to a level well within the affordability range for moderate income".

The proposal is to tax the purchaser of a new home because it is " the new purchasers that are creating the inflated housing prices in the first place, namely by steadily increasing demand for property.". The money thus collected will be administered by a new commission that will have the power to collect, spend, and issue tax exempt bonds. The bonds will also be used to raise additional money. The moneys collected will be used to hire an Executive Director, and " to acquire useable land and to provide incentives to non-profit organizations and private builders to create affordable housing for moderate income families.

It is hoped the proposal will be placed on the ballot this fall for a county-wide vote.

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Good News: WA Still Special!

OLYMPIA -- Blood tests conducted by the Department of Health show the illness of a Spokane-area woman was not caused by West Nile virus infection. Click Here For Story "Were Not Special Anymore" The woman had initially tested positive; however, additional tests showed that her illness was not caused by West Nile virus. There have not been any cases of West Nile virus infection in horses, birds or humans this year in Washington. Last year, the confirmed human West Nile virus infections in our state had been traveling to areas where West Nile was active when exposed.
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When A Boat Sinks, "Stuff" Floats Away

(Port of Friday Harbor photos)
In a recent story on derelict vessels (See below "DNR Asks For Information On Derelict Vessels"), the public was asked to inform the Department of Natural Resources of any boat that appears to be a derelict. One of the reasons for the concern about derelict vessels was illustrated this week when the latest boat sank in the bay at Friday Harbor.

When a boat sinks, "stuff" floats away, and that is exactly what happened when the latest boat recently sank -the second one in three weeks (story below). The debris from this second derelict boat floated into the port of Friday Harbor, where the Port crew spent 24 hours of staff time and another 12 hours of equipment time removing the trash from the water. Some of the debris was a bit unpleasant to deal with. It was reported that the debris " included large garbage bags full of human waste."

According to the Port of Friday Harbor Director Steve Simpson, the Port may discuss asking liveaboards to, "have an agreement with the underlying municipality or with the Port as prescribed by the DNR rules for liveaboards" if they wish to use the services the Port can provide.
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The Pace In Friday Harbor To Slow?

If we move faster, we can move more often. That was the message last Tuesday from Washington State Ferry Advisory Committee Chair Alex MacLeod when he came before the County Commissioners to report that if the "dwell time" (the time if takes for a ferry to load and unload) can be reduced in Friday Harbor, it is possible -but not certain- that one additional sailing could be added to the San Juan County route. Friday Harbor has the longest turnaround time in the state ferry system, and if the dwell time in Friday Harbor could be reduced by 15 minutes, then that may convince the Washington State Ferry system to add the extra sailing, but MacLeod pointed out that may mean only one inter-island sailing, but not an additional trip to Anacortes.

This discussion has been current for sometime, and while various means have been suggested, and tried, and abandoned, the latest attempt at speeding things up has been to use traffic control people at the main intersections of Friday Harbor. Commissioner Miller questioned the effectiveness and the ability of the individuals involved in this. Miller stated that "traffic control is not working due to lack of training". MacLeod disagreed, but did admit that the problem is ongoing, and responded to Miller that "We are pushing a rock up a hill Commissioner Miller, but I think we can shave 15 minutes off the turnaround time".

Commissioner Ranker stated that in his opinion, "when the ferry unloads I think we need to close down Spring Street for 20 minutes. We just need to deal with it". There was also some concern expressed on the subject of the cost of the program, and dismay that not all parties are paying their full share of the $18,000 commitment required to fund the program.

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If You Walk Away, It Is A Good Landing

Saturday was a good day for a little spin, but for one San Juan island resident, the flight was cut a little short on takeoff when a loss of power caused the plane to crash just hard enough to damage it, but not hard enough to cause any damage to the pilot. When asked what happened, the owner said "I broke my toy!".

The accident occurred on private land next to Roche Harbor road. When the accident happened, an aid call was made, and before the aid cars arrived on the scene, a call went out there were no injuries. The plane was checked for leaks or damage that might result in some preventive actions being taken, but there were no spills or leaks. Things could have been much worse.


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Fire Scare At FH Labs

(Assistant Chief Brad Creesy)


A heavy smell of burning electrical wire on Friday in the Library and offices of the Friday Harbor Labs resulted in a speedy precautionary response by SJI Fire Protection District 3. Office workers at the labs noticed a strong smell that was identified as being associated with electrical fires, and a quick check of possible sources of the problem indicated the smell may have resulted from a small transformer in a light fixture in the library -photo left.

The Assistant Chief of SJ District 3, Brad Creesy, checked out the building using a thermo imagining camera that detects "hot spots", and in combination with lab staff inspections, determined that whatever the original cause, the electrical breaker panel may have performed its proper function, and cut off power to the troublesome circuit(s). Further investigation as to the cause is being conducted. All-in-all, a happy ending.



.
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DNR Asks For Information On Derelict Vessels

DNR wants your help in identifying and locating the derelict vessels in Washington. If you know of any, please download the reporting form by clicking on the link, ( DNR-Form ) fill out the form with as much information as possible, and then email, fax or mail it to the Derelict Vessel Removal Program.
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Ferry Security Increased in Response to London Bombings

WSF Bulletin: Due to recent events, increased security measures are in effect at all WSF terminals and onboard all vessels. "Every effort will be made to prevent any significant delay in ferry operations," said Scott Davis, director of WSF Safety and Security. "Vehicle drivers should plan to arrive at the ferry terminals at least 30 minutes in advance of sailing to ensure that they can be screened prior to boarding. Late arriving vehicles may not be boarded. Large capacity vehicles may also be subject to additional scrutiny during this time."

Passengers should report suspicious persons, objects or activities to a crewmember, a WSP Trooper or call the United States Coast Guard at 206.217.6232.

Examples of suspicious activities would include:

• Unusual photography of ferry operations.
• People displaying heightened interest in secure areas onboard the ferries.
• People critically observing ferry operations while taking notes or making computer entries.
• Customers leaving large packages or personal items unattended.

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911 Program Missing Names & Addresses

The Board of County Commissioners (BOCC) were asked last Wednesday to approve an emergency appropriation to temporary fund a "Post Engineering Technician II position for Public Works (PW). In response to questioning by the BOCC of the need for the funding, the Public Works (PW) Director Jon Shannon (photo at left), told the BOCC that there have been no new names or addresses added to the 911 data base since January, when the project was last under the control of the Building and Planning Department. While the reasons for this were not fully known, Mr. Shannon informed the BOCC that what was known, was a number of problems existed with the program, and that a committee had analyzed the program and had a solution to the basic problems.

The problem resulted from a combination of "bad data in the system", and a "system" that actually consisted of three distinct systems, used by three departments (Building Department, Assessor, and Public Works), that were not compatible, and that last, but not least, some of the data in the system was incomplete. The incomplete part of the problem had to do with a change in what data had been collected. The original data in the system resulted in the taking of GIS readings of the entry locations of the points where a driveway entered the public roads, and then followed the course of the driveway to the house. This data was entered into a graphics program that allowed the County and emergency responders to locate not only a driveway, but to follow private driveways up to the proper house.

For reasons unknown, at some point a decision was made to record only the driveway entrance to the county road. It was explained to the BOCC that this is fine for driveways that serve only one house, but there are many driveways that leave the county road as one, and then become many. This has resulted in confusion when using the GIS maps. The Board approved the request to fix the problem before it became a larger -and more expensive- problem to fix

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Going, Going, Gone In Friday Harbor

Jim Slocomb photos

Taking on water and heavy in the bow. Need to do something soon.


Never mind, too late.

San Juan County is the lead agency on the Department of Natural Resources (DNR) derelict vessel program, but so far the County has not got up to speed on how, when, and if, the county should be removing derelict vessels. DNR reportedly has in excess of $100,000.00 available for the costs of vessel removal in San Juan County, but there is still the problem of identifying the ones that fit the program. If the County mistakenly removes a boat that is NOT a derelict vessel, the County could have a vessel full of problems. The problem is being studied.


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Editorial Comment

The Board of County Commissioners were given a recommendation to "discuss" electing a new chair at their July 12 meeting. According to a Staff Report to the BOCC from their office manager, electing a new chair would allow the current chair, Commissioner Miller, to be "around for guidance for the next two meetings".

At the July 12 Board meeting, Commissioner Miller -who gives no indication of going gently into the night- must have decided discussion was not necessary, and in a surprise move to the audience, and to at least Commissioner Lichter, Miller quickly brought up the subject and then made a motion to elect Commissioner Ranker as the new chair.

After a "hold-your-breath" pause of at least 2.5 seconds, and with no second coming forth, Ranker apparently decided the moment to be chair was slipping away, and seconded the motion to elect himself chair. In the limited discussion period that followed, Commissioner Lichter said he had not expected to move so quickly, and preferred to wait until the new commissioner was on board, and then they as a group would decide who their chair would be. Miller called the question, Ranker voted for himself, Lichter voted No, Miller broke the tie, and that-was-that. Or is it?

The Guardian questions the appropriateness of Ranker's action. While it may be legal to second ones own nomination, it clearly is in poor form to do so, and in our opinion reflects poorly on Commissioner Ranker; and we suspect has not advanced harmony in the Commission. Just another example of why our county is looking at voting in a new form of government.

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Don't Let Your Teen's Summer Go to Pot

By Susie Teague

According to the most recent National Survey on Drug Youth and Health, there is a 38% increase in first-time use of marijuana during June, July, and August, compared to the rest of the year. During these summer months an average of 6,300 youth tries marijuana for the first time each day. The same study reports that the number of new underage drinkers and cigarette smokers also jumps during the summer months. Of youth on San Juan Island who reported their age the first time they tried marijuana, alcohol and tobacco, the average age of first-time use of marijuana = 13, alcohol = 12, and tobacco = 11 (2004 Washington State Healthy Youth Survey).
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$1 Million To SJC To Protect Wetlands

Ducks Unlimited is a not-for-profit organization that was started in 1937 by bird hunters who realized that wetlands and fields important to bird migration were in need of protection. Truth be told, the main reason for their original interest was to insure there would be a steady supply of birds to hunt.

That was then, this is now: in October of last year, the SJC Land Bank Commission was told that Duck Unlimited (DU) had obtained funds for major wetland restoration and protection in San Juan County. A rating system indicated SJC to have the highest score in the US. As a result of DU working with local groups and landowners in SJC, Ducks Unlimited was able to obtain a $1 million dollar grant.

To see how DU has evolved over the years, one only has to look at the names of the groups that are working with DU to preserve wetlands in San Juan County. According to a press release from DU " The partners include the San Juan Preservation Trust, San Juan County Land Bank, landowner Scott Meyers, San Juan County Conservation District, Washington Department of Fish and Wildlife, San Juan Islands School District and Friends of the San Juans. A small number of private landowners who commit to keeping the land for habitat for 25 years will have their land restored as part of the total project.

According to Dan Goner, the regional biologist for DU, " This area is important wintering habitat for Pacific brant and supports several thousand waterfowl and shorebirds during migration periods including lesser and greater scaup, and northern pintail. Our work here will also benefit a variety of species including seabirds, shorebirds, marine mammals and fish."

Ducks Unlimited now has more than a million supporters and claims to be the world's largest organization conserving wetlands and habitat for waterfowl. According to DU, the US is loosing more than 100,000 acres of wetlands each year.

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Gallery Owner In Favor Of Saving Old Buildings

Doug Bison looks at the back part of his building that was almost removed

Doug Bison owns an art gallery in Friday Harbor, and while Doug may not have thought too much about the need to preserve old historic buildings in San Juan County, he found out last week that, in fact, he had some strong feelings on the subject.

With coffee cup in hand, Doug was just starting his day in the Gallery when he heard a large "bang" at the back of his studio. Knowing the building at the rear of his gallery was being removed for an expansion of the Friday Harbor House hotel, he assumed the contractor was finishing up the demolition of the building. But when he walked to the back of the room he saw that the skylight had just been removed from the roof over his show room, and that a crew with saws were ready to drop the ceiling, and the excavator with the extended demolition claw open and hovering was poised to remove the back of his gallery. With the removal of the skylight, debris had rained down on art work. The rooms that were about to be destroyed contained art worth $50.000. click for PHOTO

The hotel has plans and permits to expand into a portion of the space now occupied by Mr. Bison and his gallery, but Mr. Bison has a lease on the same space that the hotel wants to expand into. Needless to say, until a few unresolved items are sorted out, work has come to a halt on the project. Mr. Bison is confident that all of the loose ends of the project will be worked out to the mutual satisfaction of the parties involved.

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SJI Leadership Looking For 20 Participants

The First Leadership Class
The following press release is from the Leadership San Juan Islands organization that is a self perpetuating organization, run by the participants and the graduates of each leadership class. Some of the members of the first class (Story on First Leadership Class) are now involved in the organizing, and the recruiting, for the second class.

July 11, 2005 PRESS RELEASE:

Leadership San Juan Islands is a countywide program founded in 2004 to educate and motivate emerging community leaders. LSJI is looking for individuals with outstanding leadership potential to apply for membership in Class II which begins in September.

This successful community leadership program seeks to identify potential community leaders on all the populated islands; educate the participants in the workings of the larger systems within which our community operates; offer participants a program to develop individual leadership skills; and create a network of diverse community leaders across age, geographic, economic and cultural lines.

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Galt Guest Editorial

On Building A Sports Complex and Fields


Where are we today? After many meetings with local neighborhood groups concerning the future fields, a public meeting was held to determine:

• Do we want fields?
• Can we provide a solution to the access problem?

It was approved by 100% of the people who attended this meeting that the fields, as presented, were accepted, answering the question "Do we want these sports fields for the kids?"
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Oops! Webster Lives In Wrong District-Out of Race

Scott Webster was a canidate for Port Commissioner, District 2, Port of Friday Harbor, but on Friday, July 8th, Dan Gillespie, San Juan County Elections Supervisor, and Mr. Webster discovered that Mr. Webster will not be eligible to run as a candidate for the position. There are three districts on San Juan Island, and a Commissioner runing for office is required by law to reside in the district they seek to serve.

Turns out that when Webster checked with the County as to which District he lived in, he was given incorrect information. In a press release, Mr. Gillespie is quoted as saying: "I regret that I mistakenly told Scott that he was a resident of District 2 when he called the office in June prior to announcing his intention to run." Mr Gillespie said. "I relied on an older record system, one that is in the process of being replaced. Today, as Scott was in the office picking up a set of filing documents, we decided to again confirm his eligibility. A more careful check, using the newer system, revealed that his lot lies on the district boundry line—unfortunately, the wrong side of it," said Gillespie.

"Clearly, I am disappointed at not being able to run, but I'm glad Dan caught the error early in the process. I was looking forward to the campaign," said Webster. "Barbara Marrett is a strong candidate, and I wish her well". While it is expected someone from the proper district will step forward to run prior to the deadline for filing, at this point the only canidate left is Marrett.


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Groups Applaud Leadership On Victoria Sewage

(Stéphane Dion)

Environment Minister Stéphane Dion's recent statement that he would like to see the city of Victoria, along with all cities across Canada, having a minimum of secondary treatment for its sewage is an important and welcomed step forward in efforts to reduce pollution impacts on our oceans from municipal waste.

"We are very pleased to see Minister Dion and Environment Canada taking a leadership role in working towards strong sewage treatment standards for all Canadian cities," says Christianne Wilhelmson, Program Coordinator for the Georgia Strait Alliance. "It's important that the federal government (of Canada) lead the way in bringing Canada up to the standards of other developed nations and in doing so, acknowledge that the current situation in Victoria is unacceptable." (Past Story)

"It was great to hear that the Minister is open to finally enforcing the Fisheries Act," says Jim McIsaac, Clean Water Director, T. Buck Suzuki Environmental Foundation. "Currently, we have fisheries closed and ocean users at risk, and enforcing the Fisheries Act is key to ensuring that the CRD drops their strategy of studying this issue for the next 25 years and start planning for secondary treatment." The groups also welcomed the Minister's stated willingness to create further infrastructure support programs to bring all cities up to the national standards.


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And The Nominees Are: Ellis Jr., Lehman, Myhr & Stephans

The County Democratic Central Committee now has four names, one of which will most likely be the new County Commissioner for District three.

The timing is going to be tight. July 31st is the last day for Miller to sit as a Commissioner. August 2nd is the next scheduled meeting for the BOCC, and Commissioners Lichter and Ranker could make an appointment at that time; if they don't, they will have only four days left until the choice goes to the Governor's office.

Once Miller's replacement is named, the county can then wait to see who signs up during the period of August 3, 4 & 5, which are the special filing days to be on the ballor in September for the office of the BOCC; and if anyone wants to be on the ballot for the primary -including any newly appointed Commissioner- they will be required to sign up on one of those days.

Who will be appointed?

Fred Ellis Jr. is well known and respected in the county, but has had little experience in county government.

Lee Lehman is well known by county employees (he is the past president of the public employees union, and works for SJC Public Works), but not by the general public.

Bob Myhr is an international management consultant, has the longest history of involvement in county government (he helped write the Comp. Plan, is a Board member of OPALCO, and is an advisor for the SJ Preservation Trust -a private corporation that preserves land without the use of tax dollars).

Jamie Stephans has been involved in local elections, and while not well known off of Lopez, it is rumored that he is favored by Miller as her choice for her seat on the BOCC.

"The envelope please…" The next few weeks should be interesting.


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Pesky Old THN Still In Some County Waters

(Trout Lake - Water Source For Friday Harbor Water System-TFH Photo)
The town of Friday Harbor wants it's drinking water customers to know the water in Trout Lake still has, from time-to-time, slightly elevated levels of Trihalomethanes (THM), which are byproducts that are created when organic material in the lake is subjected to chlorination. Trout Lake is not the only lake in the county that has this problem, other water systems that draw water from surface lakes can, and have had, levels of THM that exceed the higher standards that have been imposed by the State. PAST STORY

While THM has been identified as a possible carcinogenic, it is important to known the levels adopted by the State are set at a level designed to protect those most at risk, and at a level most likely to protect the health of the consumer; and also to legally protect the water provider. If the State recommended levels are set high enough that expert witnesses could state the levels are higher than required to protect the public health, then the water provider is less likely to be held accountable in a legal action. On the down side of raising the levels, is the expense that results for those towns and communities that pull water from lakes, for it is difficult and expensive to lower the THM levels.

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Who Will Replace Miller?

The County Democratic Central Committee can submit up to three names to the BOCC, and if Democrats Lichter and Ranker, as the remaining board members, can come to agreement within five days, San Juan County will have a new County Commissioner. If they cannot agree on a name, the Governor will decide for them. Alan Lichter has stated he fully expects there to be three names, so that the Board can make the final decision.

So who will it be? Fred Ellis Jr. is well known and respected in the county, but has had little experience in county government, Lee Lehman is well known by county employees, but not by the general public, Jamie Stephans has been involved in local elections, but is not well known off of Lopez. Bob Myhr, and the Executive Director of The Friends of the San Juans, Stephanie Buffum-Field are also names that are being talked about.

At this point no one knows for sure who will be on the final list that is submitted to the BOCC, but from almost the minute that Miller announced she would not be completing her term, the front runner in the rumor mill has been her friend and supporter on Lopez, Jamie Stephans. A number of court house watchers have felt Stephans, although not well known, was "being groomed" to replace Miller in the next election, and so expect he is the favored choice. A name that is well known, is Bob Myhr, for he has a long involvement in county government at a number of levels, and he is well respected and trusted by many in both the Democratic and Republican parties.

In the big picture of upcoming elections, who the Democrats pick is no small matter, given that the new appointee will have to stand for a county wide election in the September primary, and if successful, present themselves to all of the county voters, Democrates and Republicans, in the November general election.

But wait, what happened to the traditional July filing to run for office? Well, in a shocking move, both the Democrats and the Republicans are standing on common ground when it comes to the question of who should decide who shows up on the ballot. Traditional filing would occur in July by a would be candidate showing up at the local auditors office and declaring, but both parties have stated that a partisan position must be filled by a candidate that is nominated by the party, and not by a list of names that has been submitted to the auditor. Not only that, both parities have said they will sue any auditor who accepts names that have not been indorsed by a political party. Many expect this will lead to a court battle.

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Were Not Special Anymore: West Nile Virus In Human?

San Juan County Health Department has reported the State is performing lab tests to confirm if a suspected case of WNV (West Nile Virus) has been found in Spokane. If the virus is confirmed, Washington will join the rest of the lower 48 states has having the WNV present. Last year the virus entered the state, but there have been no human cases, until possibly now. (See former story: No Human Cases -Yet

The WNV is not the plague. It has been estimated that even if one has been infected with the virus, only one hundred and fifty of those infected will have severe West Nile Virus symptoms. As is so often the case, the elderly, and anyone with a compromised immune system, are most the susceptible. Dr Frank James, Health Officer for San Juan County is urging San Juan residents not to take chances and to protect themselves from WNV exposure by preventing mosquito bites. "The likelihood of cases in our area will be higher this year and I strongly encourage residents of the San Juans to take responsibility for reducing mosquito habitat around their homes and taking personal protective measures such as wearing long sleeve clothing and mosquito repellants at dusk and dawn. These actions will reduce the risk of being bitten and the risk for West Nile Virus infection."
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Judge Rules on the Nonewgastax.com Case

Thurston County Judge Chris Wickham ruled on Friday that the Nonewgastax.com committee had "failed to make timely and complete report of the source if (sic.) its support as required.." The bottom line of the Court's decision was that the Nonewgastax.com committee cannot spend any money that is not declared. The controversial aspect of the lawsuit brought by SJC Prosecutor Gaylord (and prosecutors from two other counties) LAW SUIT STORY was the claim that Fisher Communications was contributing free air time for the Nonewgastax.com committee, and that this was also subject to the Public Disclosure regulations. In what may be seen as a slight dodge around the charges of the suit, the Court simply stated that "If no Gas cannot provide an exact valuation of the in-kind contributions…it shall make a reasonable and good faith effort to make such a valuation and state its basis for doing so." The Court did rule that if a complete report is not provided by the Nonewgastax.com, then any money not reported cannot be spent by the campaign.

San Juan County Prosecutor Randy Gaylord's office released a statement on the recent ruling, in which Gaylord is quoted as saying "the benefit of the ruling is that citizens will be able to relate the success of the signature gathering to an advertising campaign by KVI radio and that the County " joined the suit with the approval by the County Commissioners, because the Commissioners support the public¹s right to know."

Brett Bader, a spokesman for The No New Gas Tax origination, told The Island Guardian that while they were disappointed by "some aspects of the judge's rulings…nothing that was done will, in any way, stop us from moving forward. We will still qualify I-912 for the ballot in a historically short period of time with an all-volunteer signature gathering effort, and I am confident that voter will repeal the gas tax hike in November"

According to Gaylord, his office was assisted in the case by the Seattle law firm. Of Foster Pepper & Shefelman. It is not known at this time what expenditures, if any, were made by San Juan County to enter into the lawsuit.

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4TH Of July Parades Well Attended

In Friday Harbor the parade was led off by the American Legion and the Grand Marshall was Ken Balcomb, world renown expert and protector of the Orca whale.

Below are photos of but a few of the participants

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State Bomb Squad Called In On Suspicious Packages, But No Bombs

A 1000 foot perimeter was maintained Sunday night in the Lopez Village area on Lopez as a safeguard against possible injuries if it turned out two packages were in fact bombs. The good news is that there were no explosives found in two radios that had been set up to look like, and sound like, they could be explosive devices.

According to Sheriff Cumming, the department had two confirmed reports of two packages that were unattended, and making noise. Not willing to take any changes that it was only something harmless -or someone's idea of a bad "joke"- Sheriff Cumming called in the State Patrol Bomb Squad, complete with two dogs to make the preliminary determination.

The first members of the Bomb Squad reviewed photos of the suspicion devices, while Sheriff Deputies set up barriers to close off the three entries to the site as they awaited the second plane of Bomb Squad members and their dogs. Once everyone was in place, the packages were destroyed by the Bomb Squad, the barriers were removed, and the area was opened up for the scheduled, and expected fireworks to celebrate the 4th of July.




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