EDITORIAL

Guest Houses: BOCC to Try Settlement- Public In The Dark?

The BOCC may try for a fifth time to sit down with a group of citizens that has appealed the County on the degree to which the County allows guest houses, and attempt to reach an agreement with them that would limit guest house construction in the county (See Ranker Guest Editorial ). The question is what will the County have to give up to satisfy their opponents in this matter, and if they do settle with a private group outside of the Courts, and without -as Commissioner Lichter likes to say- full transparency, will any future public comment and hearings on the matter be clouded by the settlement?

The BOCC has historically gone into executive session whenever the law allows them to -but does not require them to, and in doing so they prevent the public from seeing and hearing how they got from point A, to point B, on matters that can have profound effects on taxes, property values, and a host of other issues that can impact -for good or bad- the public they represent.

Up to this point the new BOCC has been back and forth on public involvement, stating there will be involvement, and then backing away from their general statements on the importance of citizen involvement and review, or not acting to implement it. One can sense they recognize the importance of open government, but their actions do not always support their rhetoric.

While there is no question that the BOCC has the right to meet in private, with a private group, and have an open and frank discussion that may lead to agreement and settlement of costly legal actions, there is also no question that to do so leaves the public in the dark as to what was said, and by whom, that may, or not, result in any "agreement". Finding out the conclusion after the fact is not the same as watching the process, and it is not the same as having our elected officials being watched and judged as they barter towards a settlement that, to some degree, will effect everyone in San Juan County.

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Freeholder Ludwig Will Be On Ballot

Steve Ludwig

Green Party Candidate for District 3 County Commissioner, Steve Ludwig, will be on the General Election Ballot this year. Ludwig and his supporters collected a 166 valid signatures in one week at the Green Party's "roving convention" on Lopez, Orcas and San Juan Islands. The Republicans do not have a candidate in the election, so Ludwig will face the winner of the September 20 Democratic Primary.

The Revised Code of Washington State requires that minor political parties must hold conventions to nominate candidates; and, for local offices, these conventions must show attendance by at least 100 voters registered in the jurisdiction in which the election is to be held.

The Green Party also collected 681 valid signatures (as verified by the elections' supervisor) on a petition to waive the filing fee for Ludwig. State law allows a waiver of the filing fee ($661 for SJC commissioner filings) if at least one petition signature for each dollar of the filing fee is obtained. This effort represents grass roots democracy at its best, and is noticeably at odds with the usual procedure by the major parties, which always pay the filing fees for their candidates.

The county's Greens hope to set an example of frugal campaigning based on important issues rather than the usual wasteful blitz of mail and advertising. In the 2004 Commissioner races, the two major parties spent well over $100,000 to capture just two seats.

Hundreds of Green Party candidates are now serving as elected officials in counties and cities across the United States, as voters seek a principled alternative to the monopoly on political activity held by the Republican/Democrat coalition.

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Rosario Resort Noise Prompts Concerns

Sheriff Bill Cumming & Prosecuting Attorney Randy Gaylord before the BOCC

Rosario Resort on Orcas island can accommodate wedding parties of up to 400 people, and while Rosario promises those who come to the resort for a wedding ceremony that they will "enjoy a stress-free group gathering at Rosario Resort & Spa", amplified noise has been driving some of the residents that own homes above the resort to call the sheriff's office, and ask that the noise be kept to the property lines of the resort, as required by county regulations.

Sheriff Bill Cumming and Prosecuting Attorney Randy Gaylord were asked by the BOCC to come before them, and respond to concerns that the enforcement of the county wide noise ordnance was having a negative impact on Rosario Resort's ability to provide accommodations and entertainment for weddings that are held outdoors at the resort. Commissioner Lichter said that the average income Rosario receives per wedding is $16,000.00, and both he and Commissioner Ranker expressed concern that given the number of wedding parties that occur each year at Rosario, there is a significant amount of money and jobs that result for the island community. Lichter told Cumming that "we don't want to interrupt the revenue benefit to our community" that comes from Rosario.

Sheriff Cumming explained to the Commissioners that his department had received complaints about noise, had gone to Rosario, and found that while the resort had applied for a permit for the outside activities, they had failed to complete and submit it, and were told by his department that they would need to follow the regulations.

Cumming twice told the Board that "I cannot, and will not, be selective in enforcement of our ordinance", and that after his department had responded to the complaints, he had received a phone call from one of the Rosario area residents thanking him for a quiet weekend". Cumming told the Board that he had been informed by Rosario that the resort would be purchasing a sound meter in an attempt to monitor the level of sound generated from the resort. Gaylord pointed out that while the use of the meter may assist the resort, the ordinance does not use decibel levels to define how much noise is, or is not allowed, to travel across property lines.


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BOCC Slows Down PW Yard Development

As questions continue to be asked about the purchase agreement and development plans for land purchased by the County, the BOCC has now decided that citizen involvement in at least some Essential Public Facilities decisions should be actively pursued. The BOCC has had a large group of citizens showing up during Public Access Time on Tuesday mornings to ask questions about all aspects of the recent 27 acre purchase of land on San Juan island slated for Public Works development, and in particular why the County gave away development rights to the seller, while at the same time paying three times the assessed value for the property.

To this point the BOCC has not clearly responded to the citizen's questions, but has strongly suggested that Public Works involve a citizens committee in the long-range planning for some, but not all, Essential Public Facilities, but pointedly excluding such facilities as barge landing sites the County wishes to develop on many of the islands that, according to who you talk to -and when- may or may not be open to all comers, or may only be for County and limited emergency use.

Piet Visser is one of those citizens who continues to ask questions, and last week sent a letter to the BOCC formally asking a number of questions that the neighbors have been raising since becoming aware of a pending land purchase for a Public Works yard and transfer station. When The Island Guardian broke the story a few weeks ago the neighbors organized, and have been attempting to find out what was gong on in executive sessions that may have an effect on their properties, and questioning why all aspects of the purchase and planning were not open to the public.

Mr. Visser's letter to the BOCC follows:
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It's Time To Allow Guest Houses

By Commissioner Kevin Ranker

I believe that it is time to stop litigating and start working cooperatively to find a solution that allows guest houses to be constructed, while maintaining our rural quality.

Like a majority of our community, I feel very strongly that guest houses should be allowed. Over 70% of San Juan County residents voted to support guest houses for single family residences subject to restrictions including size, location and proximity to the main residence.

On July 21, 2005 the Western Washington Growth Management Hearings Board (GMHB) ruled that around 30 homeowners in the county would be prohibited from building their main house after building a guesthouse first. This was San Juan County's fourth consecutive loss on the "guest house issue."
Last year the Board of County Commissioners chose once again to appeal the case, this time to the State Court of Appeals. We are now awaiting that decision. There can be absolutely no assurance that we will not lose again. We have, at best, a 40-50 percent chance of winning this last appeal.

If we lose this next round, we will lose the opportunity to build any new guest houses without meeting the density required for a second home.. While some would say it is wise to wait to see what the court decides, I believe this is too great a risk to take. If we settle this matter now, before the court decision, we can move forward, as a community, with guest houses.

This is a timely issue. With the Court of Appeals decision due any week now; we can not wait to settle this matter. While I would rather we have our District 3 representative in place during this first round of discussions, waiting, even a few weeks, could be devastating if a negative court decision comes down during that time. Further, settlement is only the first step and does not finalize the issue. Any settlement requires the Board to hold public hearings. Everyone in San Juan County will have a chance to weigh in on this important decision. Following the hearings and adoption of changes, the changes will be presented to the GMHB for approval. Our new District 3 commissioner will be a full participant in the consideration and adoption of any changes.

A settlement will also help those people affected by the most recent GMHB decision. As it stands now, that decision closed the door for persons who had built a guest house first and planned to build a main house later. A settlement now could allow them to qualify for a guest house next year, therefore opening the door for their new construction.

Last year, during my campaign I pledged to "work with the individuals involved in this case and the Friends of the San Juans to negotiate a settlement that will allow our citizens to build guest houses and that will be found compliant by the Growth Management Hearings Board." This is still my goal.



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Saying Good-Bye To Wendy

Wendy receives flowers at the Mullis Community Senior Center

Wendy Stephens said her good-byes to a packed crowd of appreciative attendees at the Mullis Community Senior Center last Friday, where she has been the Lead Senior Services Coordinator at the Center.

The farewell lunch included some of the many musicians that Stephens had asked to play for the Senior Center in the past, who had now come to play for her farewell party and dedicate their songs to her. At the end of the lunch, a presentation of flowers and gifts were made, and Wendy made a promise to the gathering that "I will be back".

Wendy has accepted a position as a Social Worker in the Hawaiian Islands, working at the Kona Hospital. Wendy has worked in San Juan County for seven years, and many came to know her when she ran for the District 1 County Commissioner seat in the last election. She starts her new job on September 2nd.


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Athletic Fields Concept Moves Forward

SJI School District Meets With FH Athletic Association Board
At a special joint board meeting between the SJI School District and the Friday Harbor Athletic Association Boards, a presentation was given to the School District on what is involved in obtaining a Conditional Use permit to construct athletic fields on school property, and an overview of what, exactly, is being proposed, and what the expected cost of developing, and maintaining the fields once they are constructed, will be.

Speaking for the Athletic Association, Board member John Linde laid out in sequence the steps of obtaining the Conditional Use permit, and emphasizing that the permit process allows the Town to impose whatever conditions on the project that the town finds to be necessary to make the proposed use of the property compatible with the surrounding uses; which in the case of the athletic fields is single family homes.

The development of the fields is being proposed to occur in two phases. The first phase, which is projected to run from 2005 to 2008, will be the developing of the infrastructure by providing utilities, sidewalks, improving Carter street, and performing the clearing and grading for the fields. Once the infrastructure is in place, the Association will build one multi-use field that will accommodate soccer, football, lacrosse and -of course- Frisbee play. There will also be two baseball fields constructed.

This will be followed by phase two (from 2008 to 2010) which will include the construction of two soccer fields, one baseball field and the construction of field buildings.

According to a cost analysis prepared by the Association, the cost of phase one will be 1.4 million, and phase two will be $301.560.00. Mr. Linde reminded the school board that the Association has been active since 1990 when they sent a letter to the school board proposing to build a club house for the school at no cost to the school, and that they have met all of their obligations to the school, and at no cost to the school. This project is similar, in that there will be no cost to the district. Linde then went on to give examples of other projects in the county that have been successfully completed without cost to the taxpayer, and expressed his confidence, based on the history of community participation, that the money will be raised to complete the project. So far the Association has a combination of a quarter of a million dollars in actual contributions and pledges from donors.

At the end of the discussion the school board voted unanimously to authorize the drafting of a letter to the Association that would allow them to move forward on the development of the school property, and the construction of the fields for both phase one and phase two.


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Comp Plan Update Workshops Attract Few

Public Participation In Friday Harbor

So far only a handful of citizens have shown up at the workshops for the seven year updates to the Comprehensive Plan and the UDC (Uniform Development Code). Two of the workshops are now complete, and the third and last will be Thursday, August 25, from 4 to 6 PM at the Eastsound Senior Center. At the San Juan workshop the members of the general public were outnumbered by the professionals and members of various county boards and committees that were attendance.

The workshops are necessary to meet state mandated requirements that the Comp Plan and UDC be reviewed and updated to include any changes or additions to it that are necessary to meet GMA requirements, and any local concerns or changes that are deemed appropriate based on changes in the county. The state mandated areas that must be addressed range from the minor ("Rename ‘environmentally sensitive areas' to ‘critical areas'") to the major ("..siting of essential public facilities…should be based on adopted policies and procedures"). One interesting requirement is that the "best available science" must be used in the review. It was not explained to what extent this would be projected back on past findings -if at all- or would only be used for the current work.

The planning staff reviewed their population forecasts, based on US census and other sources, that show a decline in the population growth in San Juan County from a high of 3.7 per cent for the last 20 years, to a 2.02 per cent for the last 5 years. It was not clear from the presentation the cause for this, and one citizen wondered if it could be the result of families moving out of the county and being replaced by retired couples.

Another area used as a data basis for forecasting growth is a land use inventory that was arrived at by assuming that all property that can be developed, will be "developed to full designated densities". It was pointed out by The Island Guardian that not all property will be developed, but the staff did not indicate if they accepted that as valid, however they did indicate that the comment "was noted".

The next time for public participation will be on September 7, when a list of proposed/prioritized changes to the Comp. Plan and the UDC will be posted.

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Freeholders Present Charter To BOCC

Stan Wagner Joins Gordy Petersen In Opposing The Charter
Prior to a presentation to the BOCC by the Freeholders listing the high points of the Charter that will be on the November ballot, the BOCC appointed some of the Freeholders that had requested to prepare the pro and con statements that will appear in the voter's pamphlet.

The selection of the "Con" writers raised a few eyebrows and smiles when Gordy Petersen and non-Freeholder Stan Wagner teamed up with Steve Ludwig to write the con argument for the pamphlet that will outline why one should not vote for the charter. More than one person felt compelled to quote the old saw that "Politics makes for strange bed fellows" when the Chairman of the Democratic Party, Stan Wagner, and longtime Republican and Freeholder Petersen could agreed on what form of government San Juan County should not have. In response to the quote, Petersen said their agreement was not about politics, but was about government. The "pro" position will be stated by Freeholders Jeffery Bossler, Charlie Bodenstab and Stephanie O'Day.

An interesting aspect of the Charter is the opportunity to vote not only for the Charter, but also to vote for an amendment to the Charter. This was the novel approach taken by the Freeholders to present an option to the voters as to how many Council (same as Commissioners) members should make up the Council (same as Commission) for the new Charter government. The Charter calls for three Council members, thereby keeping the look of the government the same. For those Freeholders who believed there should be more than three, partly to address the disparity of the population of the three main islands, there is the option of voting for an amendment that would elect a total of six council members.

The six member option generated no little comment and some initial confusion among the current BOCC as to the issue of breaking tie votes with an even number, but the Freeholders had cleverly addressed the issue by including a requirement that no action can be taken without at least four votes for -or against- an action; which simply means there will never be a tie vote, only motions that pass or fail.

Chairman George Johnson pointed out to the Board that when one really looks at the Charter, the "basic charter changes are minor" and in many ways reflect some of the issues and changes to county government that the BOCC has in the past discussed implementing.

The Freeholders have created an explanation on their website of what it means to pass the Charter and the amendment. It can be reached at: Freeholder Site


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Be Alert For Auroras Tuesday & Wednesday

Lif Cory Strand -former property owner in San Juan County and now a Research Associate, Southwest Center for Resource Analysis at Western New Mexico University, has sent us news from Space Weather that a "Big sunspot 798 exploded twice yesterday, August 22nd, and hurled a pair of coronal mass ejections apparently toward Earth. Geomagnetic storms are possible when the clouds arrive. Sky watchers should be alert for auroras during the nights of August 23rd and 24th. High latitudes are favored: e.g., Canada, Alaska and northern-tier US states from Washington to Maine." According to Strand there is some possibility that an aurora may be visible for the next two nights.


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The Whale Museum's Summer Lecture Series Presents

Jellyfishes in our Inland Waters: What Are They and What Difference Do They Make?(C. Mills Photo) Dr. Claudia Mills will give an introduction to the variety of animals known as the "gelatinous zooplankton", featuring primarily jellyfish and ctenophores, with examples from local waters, the open ocean and the deep sea. The Whale Museum at 7 p.m. Thursday, August 25.

Jellyfish occur in all parts of the ocean from shallow coastal bays to the abyss.
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Building Is History

(Churchhill Building, on Left)

J & Y Ventures request for a variance from Town regulations that control density and side yard setbacks was somewhat reluctantly turned down by the Town Council on Thursday night. The denial will not, however, save the historical building from destruction, or possibly moving it to some other property. Because of the value of the land, and the potential for increased rental income from the additional square footage a new building would provide, it is highly unlikely the building can be saved; unless, of course, someone with both deep pockets and a deep commitment to retaining Friday Harbor's old traditional buildings steps forward with an offer to buy the property.

The variance request was for one of the lots that the Church Hill Square building sits on, and even with the recommendation by the Town staff that the application be approved, one sensed what the outcome might be when Town Attorney Don Eaton was joined by John Linde, the attorney for the adjoining neighbor, in repeatedly reminding and instructing members of the Council that they were to decide for, or against, the request, based on the ability of the applicant to convince them that the request was allowed by the code.

Eaton, and then Linde, listed the salient points of the criteria that the law requires the applicant to prove: Town code states The applicant shall have the burden of clearly establishing that each of ..the criteria are met, that the applicant is being deprived of a substantial property right commonly enjoyed by other properties in the same zone -which Linde told the council you must ask yourselves "what right is the applicant being denied"?. The code also includes a criterion that the need for the variance is a result of special circumstances, such as irregular shape or size, or natural features not generally existing within the same zone.., and once again Linde pointed out the lots are simple rectangles, and are the same as other lots, and so it went through the rest of the criteria.

Near the end of the period when the council members may ask questions prior to going into deliberations among themselves, Council member Howard Rosenfield asked Don Eaton if the variance request was for both lots, or just one of the lots. When Don stated the request, if granted, would effect both lots, but the only one of the lots was the subject of the request, things appeared to be moving away from the Council blessing the application. Councilman Rosenfield then wondered out loud if he had a conflict or not, since he had a history with the building and special feelings about it. Attorney Eaton told Rosenfield that he would need to decide if his past history and current feelings would not allow him to apply the law without prejudice, and if not, he needed to step down. After a moment of self reflection, he removed himself from the proceedings, and the Council returned to the matter at hand.

During the deliberations period it quickly became clear that that the Council was not convinced that the burden of proof had been met by the applicant; as Council member Debbie Emery stated, the applicant did not express it strongly". A motion was made to deny the request, and the vote was all for, none against.

While the applicant did not get what they came for, it does not prevent them from moving or tearing down Churchill Square, and it is unlikely the building will be spared. What will happen next is not clear, and may not be clear to the applicant either.

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SJC Named In Civil Rights lawsuit

A lawsuit Suit has been filed in Thurston Co against San Juan County, and the Cities of Auburn, Kent and Seattle.

As previously reported in The Island Guardian (Link) the Cities of Auburn, Kent, and Seattle joined with the San Juan County Prosecutor, and the law firm of Foster Pepper Shefelman, to bring a lawsuit against NoNewGasTax.com. As a result of the suit, Judge Christopher Wickham of Thurston County Superior Court ruled against NoNewGasTax.com on July 1st.

Attorneys for NoNewGasTax have now filed a civil rights lawsuit against the Cities of Auburn, Kent and Seattle, and -in their words- the San Juan County Prosecuting Attorney. The suit argues that their rights of free association and free speech, both of which are protected by the United States and Washington State constitutions, have been violated.

A spokesman for the group stated that In fighting the power of the San Juan Prosecutor and the Cities of Kent, Auburn and Seattle we clearly needed help. We are getting that help from the Institute for Justice. The Institute for Justice-Washington (IJ-WA), which Seattle Post-Intelligencer reporter Neil Modie called "A libertarian public-interest law firm, jumping into litigation over anti-gas-tax Initiative 912", is, according to NoNewGasTax the Institute, "a non-profit, public interest law firm that provides its services free of charge".

IJ-WA states in the legal documents it filed in Thurston County Superior Court, that the lawsuit by the cities and the County that attempted to derail the NoNewGasTax initiative, violated the constitutional guarantees of free speech, free association and due process rights of the NoNewGasTax group. IJ-WA also filed a counterclaim against the prosecutors of the cities and San Juan County on behalf of the NoNewGasTax group.

Charity Osborn, an IJ-WA staff attorney wrote."The power to regulate speech is the power to suppress speech. This case proves that politically motivated prosecutors can use campaign finance laws to suppress speech they don¹t like…The prosecutors¹ message to the people of Washington is: shut up and pay your taxes"

Bill Maurer of IJ-WA stated that there is also another side to the whole issue that "The prosecutors' action also constitutes a prior restraint on speech because both the media and campaigns will almost certainly refrain from speaking in order to avoid becoming entangled in the campaign finance laws. What¹s more, the actions of the prosecutors violate due process because they have delegated their prosecutorial authority to a law firm that is both financially and politically interested in ensuring that the initiative campaign is preoccupied and ultimately defeated."

In a phone interview with Mr. Maurer, he told The Island Guardian "r said he believes they are working for free on this case" and "This raises the implication that Foster-Pepper, as an active opponent of the campaign against the initiative, stands to gain financially if it is defeated."

Mr., Gaylord's office was called for a response to the lawsuit, but Mr. Gaylord was not available. It is expected that Mr. Gaylord will have a different view on the lawsuit . We have requested a response from him, and expect to have one soon, and at that time we will share it with our readers.

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Questions On BOCC Executive Sessions Raised

The County is currently in the final stages of purpchaseing land (as first reported in The Island Guardian: (Prior Story & Map ) )for a new development that has the potential to involve the County in yet another costly law suit. The plans of SJC Public Works to re-locate their construction yard, storage facility, and a new re-cycling center near an established residential area has hit solid neighborhood resistance.

This is not new territory for Public Works and the County Commissioners. In the past they have tried in vain to develop land for the County, and have been successfully beaten back by well organized neighbors that have not been afraid of "City Hall". The latest go-around has to do with Public Works desire to construct a new development for their equipment yard and storage facility, and a new recycling center; a center that was first proposed for another location on San Juan island, but turned down by the County Hearing Examiner due to the proposed improper use of the land by the County. A ruling that Commissioner Ranker at a recent neighborhood meeting first referred to as a "technicality", but then later backed away from the statement, saying it was a land use regulation that had stopped the proposal, and that the County had made a mistake in proposing a development in an area that was not allowed by the County's own regulations. This would not be the case in the current proposal, but there are nonetheless a number of concerns that have been expressed by the owners of property around, and near, the proposal.

One of arguments put forth against the development is that the proposal would place a use that is not compatible to the surrounding neighborhood directly in the middle of the neighborhood. This point was brought up at a community meeting attended by Kevin Ranker and the Director of Public Works, and then again before the BOCC during Citizen Access time.

The issue of the legality of the BOCC continuing to hold Executive Session meetings on the purchase of the property was also been raised at the BOCC Public Access time. A letter from a law firm retained by the neighbors that surround the new proposed Public Works site has been sent to the County. The letter, from Gendler & Mann, LLP, Attorneys-At-Law, is as follows:

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Real Killer Whales Don't Eat Fish

Orca flips porpoise prior to ...see below (Robin Baird photo)

The Whale Museum's Summer Lecture Series PresentsReal Killer Whales Don't Eat Fish: Foraging Behavior and Ecology of Mammal-Eating Killer Whales in the Pacific Northwest
This presentation will focus on the mammal-eating "transient" killer whales in
the Pacific Northwest, based on research undertaken both in Haro Strait, Juan
de Fuca Strait and the Strait of Georgia, as well as southeastern Alaska, from
1986 through 1998. In a slide-illustrated talk, information will be presented on
interactions with "resident" killer whales, predation on seals, sea lions,
porpoises and seabirds, cooperative hunting, social organization, diving
behavior, and relationship to other populations of killer whales world-wide.

This presentation will take place at The Whale Museum at 7 p.m. Thursday, August 11. There is a suggested donation of $3.00. All proceeds benefit the Whale Museum. For more information, call (360) 378-4710, ext. 23 or email marcy@whalemuseum.org. The Whale Museum is located at 62 First St. N., Friday Harbor, WA 98250. We thank the Friday Harbor Inn for co-sponsoring this lecture.

The Whale Museum promotes stewardship of whales and the Salish Sea ecosystem through education and research.


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BOCC Punts On Appointing-Now It Gets Interesting

BOCC Still Short One Commissioner
Citing an inability to agree, but agreeing that they usually agree, the BOOC failed to make an appointment to fill the District 3 seat that was vacated by Miller.

Commissioner Lichter pointed out that in general they are united in what they want to do for San Juan County, but in this particular disagreement, "both candidates Myhr and Stevens have filed for the Primary, and I would like to suggest to Kevin that we let the process go forward and allow the voters to make the choice, and when the Primary is certified on September 20th, that the winner will be seated as our third commissioner"

Kevin did not seem at all surprised by the suggestion, and quickly responded to Lichter: "I actually very much appreciate that suggestion.….Depending on the outcome ..if the outcome is obvious.. we may be able to appoint prior to the certification."

This is where it becomes interesting. On August 31, every voter in San Juan County will receive two ballots, one for those voting as a Democrat, and one to vote as a Republican (those who live on San Juan Island will also receive a ballot for the SJI school levy).

Only one ballot may be returned, but there is no control or requirement on who may vote for whom. As the Si Stephens, the County Auditor noted, the process allows Republicans, who do not as yet have a candidate in this race, to still influence the outcome of the primary. As one member of the public said, "you can be a Democrat for a day".

There is another possible twist to this: if a write-in candidate receives 1% or more of the number who vote in the election, they too will be on the ballot; so it is possible that the Republicans may still have a candidate on the ballot in the general election.

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Fun With Friends On A Summer Night

Colleen Clancy (second from right, hogging the mike) having fun with friends
Colleen Clancy, past director of Skagit Valley College, San Juan Center, came back from her new position as Director of the Benton Center at Linn- Benton Community College in Corvallis, Oregon, to have a little fun and some potluck with her friends and colleagues. Okay, to have ALOT of fun. A great time was had by all, and all wish the Director all the best in her new job. It was also noted she should not give up her daytime job quite yet..
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Another Way To Watch Whales

A Truck parked in Friday Harbor on the street used by ferry riders to enter town has a sign attached that expresses a groups concern that whale watching boats may have a negative impact on whales.

After three years of posting large signs along the west coast waterfront of San Juan Island, Orca Relief Citizens' Alliance said they have decided to expand their whale protection efforts to include occasional postering and handing out leaflets at the main dock in Friday Harbor. "We are encouraged by the fantastic increase in the number of visitors to our land-based Whale Watch Park," ORCA Chair Mark Anderson said this week, "and we want to do what we can to continue this move away from harassing the whales on the water."

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BOCC: Still No Decision -But Now We Know Why

BOCC Still Minus A Commissioner - UPDATE The Board will bring up the matter again on August 9th at 1:30 P.M at their regularly scheduled meeting.
The continuation of a meeting by the BOCC on who should be Miller's replacement took a sudden and unexpected turn on Thursday morning as the BOCC met to discuss appointing a Commissioner for District 3. Commissioner Ranker in his opening remarks made a strong push to appoint Jamie Stephens -ex-Commissioner Miller's stated choice- as the next County Commissioner for District three. As Chair, Ranker started the meeting by repeating his previous comments on how important he felt it was that the recommendations of the Democratic Council be followed, explaining that he felt they had done an excellent job, and that it was grass-roots effort. He then added that he had traveled to Lopez and talked to a number of people, as well as talking to County department heads and elected officials, and that "by a significant margin they supported Jamie Stephens."

Once Ranker had finished, he looked to Commissioner Lichter, who stated that he believed that Rankers comments were "inappropriate and did not follow the process…especially in light of what we have been doing". At this point Ranker interrupted to state that all he was doing was trying to move the process along, but Lichter was having none of it: "No Commissioner, your intention was to get Jamie appointed, and to interrupt me". Lichter then continued by saying "My ideal commissioner would have the following characteristics:

--he should be an experienced consensus-builder
--he should have issue-related experience at the County level, and beyond
--his educational background should fit, in some important way, with a commissioner's work
--he should possess interests and values publically recognized as befitting a commissioner
--he should have considerable experience working with diverse individuals and groups
--his experience should make him a fast learner in the commissioner's post
--he should be a committed environmentalist, and an outstanding steward for our land

Lichter noted that Ranker had agreed to also use the same criteria. He then read summaries of the three candidates resumes so that the audience could contrast and compare them against the criteria.

One area he pointedly contrasted between Stevens and Myhr (it was now obvious that Lee Lehman was no longer on the short list) were education and governmental experience. While he acknowledge that all three candidates had B.A. degrees, and that Stevens had taken some business classes (Stephens Resume), Myhr had a B.A. in economics, and he also held a Masters in International Affairs and Economics, and a Ph.D. in Public Law and Government. ( Myhr Resume ). Lichter went on to agree with Ranker that due weight should be given to the excellent work and the process the Democratic Council had gone through to make their selection that ranked Stevens ahead of Myhr, and that while the opinions of those who live on Lopez are very important, "we must appoint a candidate to serve all of San Juan County".

Once he completed the summaries, he said that "in responding to Kevin's comments on Jamie Stephens..there is no question in my mind that the qualifications of Bob Myers cannot possibly be matched by the other candidates." He then made a motion to appoint Bob Myhr for the District 3 County Commissioner position. Ranker was quiet for moment, and then said to the audience "There is an obvious division here..I would like to reconvene until next week to give this some more thought." Lichter then asked Ranker "Your not seconding my nomination Commissioner"? Ranker replied, "No, I am not".



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Bob Myhr Files For Primary Race

Doris Schaller assists Bob Myhr file for Commissioner

After the Commissioners adjourned the meeting on Thursday (Story on Meeting) without appointing a replacement for District 3 Commissioner, Bob Myhr went downstairs and filed for the September 20 primary. "In the event the Commissioners cannot agree on the appointment of an interim commissioner to fill the vacancy," said Myhr, "I believe the issue could possibly go to the Democratic primary before a decision is reached. I am filing because I welcome the opportunity to have the voters decide who will fill out the remainder of all of Miller's term. I believe I have the experience, skills, and support to serve the best interests of the citizens of District 3 and all of the County."


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Protecting Our Orca Whales on a Daily Basis

By Mark R. Anderson

Nearly one month ago, on July 3, an orca whale was injured in an accident with a whale watching boat in the San Juan Islands. You may not have heard much about it, because the incident has been kept quiet by the Whale Watch Operators Association Northwest and the National Marine Fisheries Service.

No one knows the extent of injury sustained by the orca, no one knows which member of the southern residents it was, or why the orca rammed a whale watching boat. We DO know the whales were feeding at the time, that about 40 boats were surrounding the whales and that the Canadian-based boat that was hit had already been cited once that day by Mark Pakenham of M3, the enforcement division from Fisheries and Oceans Canada.

There are a variety of reasons a whale might get injured by a boat. Whatever the reason, this accident underscores the inherent negative consequences of boat/whale interactions and the need for change to protect our Southern Resident orcas of Washington State.

Orca Relief Citizens' Alliance urges the following to be implemented.

o No more leapfrogging and parking (situating) boats in the whales' path.
o Boats should stay a minimum of 400 yards away from the closest whale.
o Boats must NOT position themselves between whales and the shore.

Since 1995, the southern resident population of orcas declined nearly 20 percent. During that same period, the number of motorized whale-watching boats in the area has increased dramatically – reaching up to as many as 140 boats in a single day.

Marine vehicles harassment is among the factors cited last year by the Washington State Department of Fish and Wildlife as contributing to the whale population decline. In April 2004, the Washington Fish and Wildlife Commission added the Southern Resident orcas to the list of state endangered species. In December 2004, the National Marine Fisheries Service listed the Southern Resident orca whale population as "threatened" on the Endangered Species List.

Orca Relief began encouraging land-based watching in 2002, after commissioning three separate scientific studies that showed motorized whale-watching boats may play a primary role in the decline of the southern resident Orca population. For information, go to www.orcarelief.org .

To Report Marine Mammal Harassment in the United States, call the National Marine Fisheries Service at 1-800-853-1964. In Canada, call Fisheries and Oceans Canada at 1-800-465-4336.

Clearly, more emphasis needs to placed on protecting these whales on a daily basis.


Mark R. Anderson is the Founder & President, Orca Relief Citizens' Alliance (ORCA)


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Another Day, Another Delay -BOCC Will Try Again In The A.M.

Who will it be?: Lee Lehman, Jamie Stephans, or Bob Myhr

The three candidates to replace Miller were still being questioned and praised by Commissioners Lichter and Ranker, but even with yet another executive session, they were unable to reach a decision. They will meet again at 10 A.M. on Thursday to continue the discussion, and once more part of that discussion will be behind closed doors.

It is becoming a bit more obvious that there may be a fundemental disageement between Ranker and Lichter as to who the best candidate is.
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Editorial

On Selecting a County Commissioner

The BOCC will begin -and perhaps complete- the selection process for a new County Commissioner today, August 2, 2005, starting at 1:30. According to the Board Clerk: "There is the probability, after the candidate interviews, of the Board calling an executive session under RCW 42.30.110(1)(h): to evaluate the qualifications of a candidate for appointment to elective Office".

Commissioner Lichter has on numerous occasions forcefully stated his commitment to the Boards actions taking place "as transparently, and as open, as possible". Today only one vote will be required to allow the public to view and hear how the selection process proceeds, and how the decision will be reached, as to who will replace former Commissioner Miller.

Based on the history of the Board calling an executive session anytime the law allows, it is assumed the probability of this occurring today is quite high, but since this directly effects the citizens of the County, it would be nice if any discussions that lead to a selection were to take place in front of the public. We for one want to know how the decision was made; not just who was selected.

A quick recap of the process to date, and what can happen: 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 is expected they will move forward with a full Board as quickly as possible. If the Board cannot agree on a replacement within 60 days, the Governor is authorized to 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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Freedom Of Information Issue Raised

(Gary Franco addresses BOCC)

When Gary Franco made the trip from Lopez to the County Court House last Tuesday to address the County commissioners during Citizen Access time, he had an idea that his presentation that morning might not be met with a great deal of enthusiasm from the Board. On at least one count, he was correct. About two thirds of the way through his comments, he was interrupted by Commissioner Miller, who informed him he was getting personal in his comments, and she would protect anyone, no matter which side they might be on, against personal attacks, Mr. Franco stated he was not slandering anyone, and he was not making a personal attack, he was simply reading to the Commission portions of Court documents concerning a law suit brought by James Stephens against him and the Lopez Island School District. Miller persisted, informing him "We have rules for Public Access Time" and at that point Chair Kevin Ranker started to also object to Franco, but then quickly stopped. The fact is, that while the BOCC has some guidelines that they ask citizens to follow, there are no rules, and the guidelines only relate to such matters as appeals and pending land use permit applications, or any matters of litigation before the County.

In a phone interview with Mr. Franco, he told The Guardian that since the Board would be considering Mr. Stephens for appointment to the District 3 position as County Commissioner (see previous Past Story ) the Commissioners should be aware that Mr. Stephens had tried to stop the School District from releasing information requested under the Freedom of Information Act, and had Stephens not attempted to block the release, the District would have released it.

When asked about Mr. Franco's comments, Mr. Stephens responded that "The court case focused on the right of all parent donors to privacy regarding their donations, versus the Freedom of Information law. In this case Mr. Franco was allowed access to the school records of donations to the ARC Program. I was a private citizen seeking privacy protection. I support the Freedom of Information Law and if chosen as a County Commissioner I will work towards more transparency in government, not less.".

A review of the case at the Court House showed that Judge Hancock granted an Order of Dismissal in favor of Mr. Franco and the District, which did allow the information to be released to the public.

The right of the public to access records and information is a fundamental right in Washington State, and Attorney General McKenna is planning a number of forums to be held in September to gain input for the drafting of additional rules on public disclosure. "When voters approved the state's Public Disclosure Act nearly 30 years ago, they wanted to make sure Washington's government was accessible and transparent," McKenna said.

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All Day All Night: Relay For Life Raises $43,880.81

Walking the track lined with 638 "luminaries"


5 A.M. Sunday morning. Luminaries in bleachers say it al

What an experience! The Island Guardian showed up for our assigned lap time of 5 A.M. and found no place to park the car; there were that many people coming, going and still there walking, working, helping. Michael Young walked the first lap of the day and 12 hours later this gentleman had walked 134 laps for a total of 33.5 miles. All of this was to raise money for the American Cancer Society, and of the individuals and teams involved, the Soroptimist Team raised $6.300, The SJ Rotary Club raised 4,980 and the No Name team raised $3,648. The top individuals who gathered the largest donations were Yvonne Swanberg's $2,202 for the SJ Vineyards/Rotary Club, and the Soroptimists Team came in with $1,980, and Robin Scott for Century Tel brought in $1,798. The 638 flickering lights of the luminaries raised $3,198.00, and at the end of the day $43,880.81 had been donated, and there was still money to be counted. The goal had been set at $30,000. Not bad, not bad at all. See you next year.

The American Cancer Society explains It all began in Tacoma: One person can make a difference. Nowhere is that more evident than with the story of the Relay For Life, which began in Tacoma, Washington, as the City of Destiny Classic 24-Hour Run Against Cancer.


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