Guest Editorial

Pimping Wildlife for Economic Development?

(Orca Relief photo)

By Dr. Birgit Kriete

This week, Friday Harbor hosted the 2005 Watchable Wildlife Conference, sponsored by the Washington Department of Fish and Wildlife, Washington State Tourism, Washington State Dept. of Transportation and NOAA.

As an environmentalist and animal advocate, I hoped for a balance of presentations regarding watchable wildlife in Washington State, if not for speakers to urge protective ways of watching one of Washington's greatest resources to preserve it for future generations.

Instead, I experienced a cookbook recipe for enticing more visitors to come to the islands, how to extend the tourism season and how to ensure that we have plenty of activities, sufficient accommodation and good infrastructure in place, and the desire to increase the Washington tourism income from $11.7 to $15 billion during the next few years.


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First Case West Nile Infected Horse In WA

West Nile virus found in Yakima County horse; first case of year acquired in Washington.
Department of Agriculture has announced that: West Nile virus has been confirmed in a 27-year-old horse in Yakima County. The Prosser-area mare was tested after she became unsteady and developed signs of central nervous system infection. The horse was not vaccinated for West Nile virus.

This is the first reported case of West Nile infection in a horse where the infection was acquired in Washington state this year. The other announced equine cases involved infections that were contracted out of state.

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Republicans Unexpectedly Have A Candidate

As a result of what has been described as a large email solicitation by San Juan islander Minnie Knych for a write-in campaign, Lulu Johnson has won a place on the November ballot as a Republican candidate for the District three County Commissioner race. Lulu received 54 votes, which, based on formula of 1% of the votes cast in the last Commissioner race, qualifies her to be on the ballot.

John Evans, Former County Commissioner, and current Chair of the SJC Republican Party, said that the Party did not take part in the emailing, and at this time has no position on this unexpected turn of events, but that the Executive Committee of the Republican Central Committee will take up the subject at their regularly scheduled meeting that will be held next week. (Related Story)

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BOCC May Impose Building Moratorium

(Robert Henigson addresses BOCC, & offers his own money to speed up planning)

Responding to continuing requests by the Deer Harbor Citizen Committee for the BOCC to impose a development moratorium on land use and construction activity in the Deer Harbor section of Orcas island, Alan Lichter made a motion, for discussion purposes, to impose a six month "full freeze" moratorium on the Deer Harbor area. After discussion by the Board with attorney Randy Gaylord, it was decided a draft ordinance should be prepared for Board review.

The issue of new regulations for Deer Harbor has been before the Board for a number of years, and the request by the Deer Harbor Committee for a moratorium is a result of the length of time it has taken for the County to finalize new development regulations; not only for Deer Harbor, but also Orcas Village and Olga. Because of concerns that large scale commercial development will take place before there are new regulations in place to control it, the Committee has been pressing for a moratorium.

Because of the work load of the SJC Planning Department, progress has been slow, and in an effort to speed up the process, a member of the Deer Harbor Committee, Robert Henigson, offered $5,000.00 of his own money to go toward the cost of retaining a private consultant to complete the work necessary to create a Deer Harbor Activity Center. While the Board was thoughtful about the offer, they were concerned the consultants bill would exceed the amount offered, and also pointed out it would be necessary for the County to hire the consultant, and to control the process.
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An Then There Were Three

Bob Myhr is given the oath of office by Si Stephens

Bob Myhr was sworn in Tuesday as the County Commissioner for District Three. True to their word, Commissioners Ranker and Lichter appointed Myhr to the position after he won the Democratic primary.

Myhr was welcomed to the Board by applause from a standing crowd in the audience section of the Commissioners room, and then was sworn in by SJC Auditor Si Stephens.


Commissioner Myhr now fills the long vacant seat reserved for District Three - and the timing for the County could not have been better, since the main item on the Commissioner's agenda for the day was the kick-off of the 2006 County budget process; the preliminary net total budget amount for 2006 is projected to be $41,222,298.00. (See story below)

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BOCC Starts Work On ‘06' Budget

Coming from a recent history of stating the County simply cannot provide all the services that everyone wants, The BOCC received a presentation on Tuesday from Auditor Si Stephens on the 2006 budget, and were told what they already knew, that the:
"BOCC, elected officials, department heads, the public, employees all need to understand San Juan County cannot afford to do everything we would like to do in the manner we would like to do it". The problem is the same as last year, and the year before that: there is not enough money coming into the County treasury."

There are some services that are required by law to be provided -and there is no escaping these- and there are those expenses that the County is locked into as a result of contractual obligations, such as the County payroll-benefits and the Cost of Living increases (the so-called "bow wave") that may reach, or exceed, $600,000 this year. Then there are the yearly capital costs, the new equipment that departments want/need (such as three new dump trucks, and three new cars, etc, for $583,761.00), and of course the maintenance costs.

And there are the costs of real estate purchase, and improvements, and proposed projects. In the Roads Capital section of the presentation, there is $1,500,000.00 for the LaFarge Barge landing, but nothing for capital improvements and maintenance of the land if it is purchased.

The quick solution in the past has been to transfer money from one department to another; and to also raise fees. There have been concerns expressed that moving funds from the so-called Capron funds may jeopardize receiving these funds in the future, but that has been the policy in the past, and may well be one of the final actions taken again this year. The past BOCC has warned that If the County should lose the Capron funds, the County will be in a budget hole they may not be able to get out of.

There will more work on the budget work in October, and a public hearing on November 15

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Endangered Marine Species & Habitats Lecture Series

Wednesday September 28th at 7:00 pm at the Grange in Friday Harbor and Thursday September 29 at 7:00 pm at the Orcas Senior Center in Eastsound
Speaker Fred Felleman will talk about Pickled Herring - the fall of Washington State's once largest herring stock at Cherry Point.
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A Democrat, Green Party, & perhaps, a Republican??

The Republican Party was unable to convince anyone to run for the District 3 Commissioner spot for the election in November, but according to Dan Gillespie, supervisor of elections for San Juan County, there are a number of write-in votes that have yet to be counted that could put a Republican on the ballot.

When potential candidates approached by the Republican party for the office had declined to run, the Republican Party decided to sit the election out. However, one individual surprised the Party by sending out emails asking voters to write in Lulu Johnson as a candidate for District 3.

If Lulu receives only a small number of write-in votes (it is estimated that some number over 50 or 60 will trigger the action), she will appear on the ballot; even if she has no intention of running for the office.

It is expected the outcome of the write-in campaign will be known by the end of the week, or Monday at the latest.

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Guest Editorial by Steve Ludwig

Firstly, as a Freeholder myself, I apologize for not sounding the alarm sooner. From December to July, the charter-writing process seemed to be going OK. Then, quite suddenly, a majority group solidified; and a wholly inadequate Charter resulted.

San Juan County desperately needs a good Home Rule Charter. Our present governmental structure is a horrible anachronism that simply doesn't provide the basic fundamentals required of any modern government structure: the rule of law, representation, protection from urbanization, from corruption, and abuse of power. Unfortunately, the new charter doesn't provide these things either.

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Bld & Planning Closed Until Oct 3rd: Fire Damage

Public Works personnel respond on Saturday to repair damage

UPDATE:Appeals that are time-sensitive and that need to be submitted in person should be taken to the front desk at the Health and Community Services Department by 4:30 PM on the required day. The Health and Community Services Department's address is 145 Rhone Street in Friday Harbor (the next door down from the Community Development and Planning Department).

Presently Department staff are working at remote locations to continue to process building and land use permits.

A fire of unknown origins started in the ceiling of the Court House Annex early Saturday morning. Smoke was seen coming from the flat roof of the building and the Friday Harbor Fire Department responded to the scene. The source of the smoke was between the ceiling and the roof of the building, directly over a common work and file area of the Community Development & Planning Department.

When the FH Fire Fighters evaluated the scene, they decided they had time to cover the files and office equipment with tarps prior to opening the ceiling and putting out the fire with water. According to Dave Zeretzke, the SJC Risk Manager, this professional approach to combating the fire saved the taxpayers thousands of dollars, for had they not taken the action they did to protect the office interior from water and debris damage, there would have been equipment and documents destroyed by the water.

Public Works personnel were joined on Saturday in the job of cleaning up the debris and working on patching the hole in the roof, by an employee of the roofing company that has been re-roofing the building. It is expected the Planning and Building departments will be closed until Thursday morning.

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Grants For Habitat Restoration On Private Lands

The Department of Fish and Wildlife (WDFW) has announced in a press release that private landowners can apply for up to $50,000 in federal grant funding to restore habitat on their property for "species at risk".

Applications are being accepted until Dec. 16 for habitat restoration projects through the Landowner Incentive Program (LIP). WDFW is developing a portfolio of potential projects to submit to the U.S. Fish and Wildlife Service for funding in 2006.

Qualifying landowners are typically eligible for up to $50,000 in assistance. In addition, $50,000 will be set aside for small grants. An individual applying for these small grant funds may apply for up to $5,000.
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Want To Be On Stage, Or Help Those That Are?

San Juan Community Theatre is hosting two preview and volunteer recruitment events in anticipation of its 2006 productions.

Actors of every age are welcome to attend Actors Night on Tuesday, October 4, at 7:00 p.m. Directors Dorian Oliver, Lynne Mercer and Merritt Olsen will present their plans and invite attendees to participate in reading from the scripts for The Night of January 16th, Marvin's Room and Fiddler on the Roof. This is just a first look at the material for each show. Formal auditions for each production are scheduled later in the month (Fiddler in February).

Newcomers to the stage, as well as seasoned performers are encouraged to attend. In addition to the directors' presentations, a brief workshop on audition skills is offered. Light refreshments will be provided. Please RSVP to Lynne Mercer at 378-3211, ext. 21.

Prospective designers, costumers, set builders, stage managers and crew are invited to join Don McLaskey and Trudy Loucks for an overview of the technical needs of the 2006 productions on Thursday, October 6, at 7:00 p.m. Volunteers are needed in all aspects of production, and newcomers are welcome to join a creative team. Light refreshments will be provided. Please RSVP to Lynne Mercer at 378-3211, ext. 21.

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Rotary Club Sponsors Exchange Students

Julian Ring, Rotary exchange student from Austria with his first Pacific salmon

By Mary Kalbert

San Juan Islands Rotary Club is happy to host their first inbound exchange student from Linz, Austria. Julian Ring is a sixteen year old senior at Friday Harbor High School.

"The people are friendly here," he says with a smile, "and I am doing many things for the first time, such as fish for salmon."

Trained in classical music, Julian enjoys playing the piano after school, a cup of coffee at Pelindaba, visiting with new classmates and trips to Seattle.

"It is an adjustment to come to this island from a large city, but you have quite nice beaches, and some beautiful sunsets," Julian muses. "Also, I have never experienced such an autumn. In Austria it is cold and rainy now. Just yesterday it was almost freezing in Linz, and here it is beautiful."

Julian will be available to make presentations to interested organizations as his school schedule allows. His host families for the year are Mary and John Kalbert, Jan and Mike Close and Maria and Tom Small.

Spend A Year Overseas: Rotary Club To Sponsor An Exchange Student
The Rotary Club of the San Juan Islands is accepting applications from local high school students who are interested in attending secondary school overseas for one year as a part of an International Student Exchange Program.

To qualify, the student needs to be between the ages of fifteen and eighteen, in the upper 20% of his or her academic class, of good character, mature, and in good physical condition. Most importantly, he or she must be willing to be a good ambassador for the San Juan Islands and the United States.
The student or student's family is expected to pay travel and insurance costs, as well as provide some spending and emergency money. Room, board and schooling are provided by the host Rotary club and families.

Annually, approximately 7,000 students from more than eighty countries take part in exchanges sponsored by Rotary clubs worldwide. They will be asked to speak to the sponsoring club upon their return about their experiences.

The application forms for the Rotary Youth exchange are available at the Friday Harbor High School counseling office. Contact can also be made with Dick Shorett, (360) 378-4757 for application forms or additional information. Deadline for submission is October 14th, after which the Rotary club will interview students in late October for exchanges commencing in July or August of 2006



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Youth Basketball Volunteers Needed

Do you enjoy basketball and working with youth? Would you like to make a difference in a child's life? If so, Island Rec is in need of volunteer coaches, scorekeepers and officials for our youth basketball leagues. Currently we are getting geared up for the boy's league. Practices for this league starts October 24th. Games are held on Sunday afternoons and will be taking place November 6th through December 18th. There will not be a game on November 27th. High school students are eligible for Dollars for Scholars hours when they volunteer with Island Rec. If you are interested in volunteering for the youth basketball leagues, please contact Corelia Peacock at 378-4953 or come by our office at 580 Guard Street from 1:00-5:00 pm Monday - Friday.
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Soon To Be County Commissioner: Myhr

Commissioner Elect, Bob Myhr

Two minutes after the polls closed at 8 PM, Boy Myhr was declared the winner by 57% of the votes counted, against 43% for Jamie Stephens.

The school levy on San Juan Island passed by a 67% margin

There are as still as many as 1,200 votes to count, but historically the additional votes have not changed an election when there is this great of a spread, and they are not expected to change the outcome of the current election results.

The BOCC has agreed to appoint the winner of the election to the vacant seat on the board as soon as all of the votes have been counted; Bob Myhr will soon begin his new job.


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United Way Wants Your Help To Help Others

By Bonnie Gilmore

United Way of San Juan County has launched its 2005-06 campaign. Residents have received a brochure that provides a comprehensive overview of supported agencies, businesses are being asked to encourage workplace giving, and United Way Helping Here signs are visible outside of program offices. We're off to a great start but we have a long way to go.

As a result of the generous support of Islanders, more than thirty County-wide programs providing essential services for individuals and families currently receive funding. Included are emergency housing assistance, pre-school education, mental health counseling, mentoring programs and after school study groups. These and other programs benefit a wide array of island residents; from toddlers to teens to the terminally ill. United Way helps provide a true Community Safety Net.

Unfortunately, he gap between available funding and program needs continues to grow. This past year was the first year that we were not able to increase the size of our grants or the number of programs funded. Our grants provided less than 50% of the amounts requested. Support of these programs is critical to their long term success.

Islanders have been phenomenally giving in support of the recent hurricane relief efforts. We can all be proud that our small communities have worked so hard to help the victims of this unprecedented disaster. While all of us have limited budgets for charitable contributions, United Way asks that you dig deeper this year and continue to give locally. Please make an investment in the work of the important programs that are helping the people in our islands who need it the most. If you are an employer, contact United Way to develop a Workplace Giving Program and consider making a corporate donation. If you are an individual, please give as generously as you possibly can.

(Bonnie Gimore is the local Director of United Way)

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Ferry Fall Schedule In Effect

School has started, the ferry lines are shorter, the weather is cooler and the leaves have begun to change color. It is also the time that Washington State Ferries announces the Fall ferry schedule, which went into effect on Sunday, September 18.
Because of the diminishing crowds in late September, this ferry schedule change from Summer to Fall is usually a "ho-hum" event. This year, however, there are several changes worthy of note.

• The peak season surcharge will also be eliminated on Sunday, October 9.
• The parking fees at the lots in Anacortes will be eliminated on October 9.
• WSF will return to only making one roundtrip sailing per day between Anacortes and Sidney, B.C.

The new fall schedule is available by clicking on the WSF link at the top of this page.

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New Proposed Tax Moves Slowly Forward

(Left to Right: John Manning & Randy Gaylord from the County, and Paul Losleben & Susan Dehlendorf from the Housing Project)

The Housing Bank concept continues to move slowly toward appearing on a ballot for voter approval -or rejection. After an initial false start, the group organizing the drive to place an excise tax on the sale of property has made steady progress toward completion of the legal steps necessary to comply with state law in presenting the tax to the voters. If approved, the measure will place a one half percent real estate tax on the sale of all property in San Juan County. The money collected will be used to fund financing aid for housing through an " application process through which it (the Housing Bank Commission) will consider proposals from private and nonprofit organizations. It will work with financial institutions, private builders and non-profit community organizations to assemble teams around specific projects. It will then respond to proposals by these teams and will apply capstone funding to provide the essential last element of funding needed. The Housing Bank Commission will recommend to the County Commissioners and the county will then award contracts to the most viable projects that meet the Housing Bank's criteria.", Representatives of the housing group recently met with the BOCC to hammer out differences between their suggested ordinance, and the ordinance that the Prosecuting Attorneys office had prepared.

The issue before the BOCC was resolving which of the ordinances, if any, would appear on a February special election ballot, that if approved by the voters would allow the proposed tax. One of the main sticking points was the question of just who would be paying the tax. The Housing Project group (a part of the Navigating Our Future organization) wanted to make the tax burden fall on the buyer, but the County pointed out that state law requires some sharing of the tax by both the seller and the buyer.

After discussion by the BOCC, a resolution (97-2005) was passed that allows the process to move forward. The resolution will restructure the existing Affordable Housing Fund Commission, and re-name it the "Housing Bank Commission", which will bring it more into line with the goal of the proposed Housing Bank concept.

The next step will be a final ordinance draft that will be made available to the public for comment in a public hearing process, and then the measure -in some form or other- will go to the voters for a Yes or No vote.



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San Juan County Personnel to Assist with Hurricane Recovery Efforts

Rrendan Cowan, Director Emergency Management for San Juan County, announced today that two San Juan County Employees are leaving on Sunday for Baton Rouge to help with hurricane recovery efforts in Louisiana. San Juan Island resident Brendan Cowan and Dave Halloran from Orcas Island of the County's Department of Emergency Management have been posted to a two week assignment in the Louisiana State Emergency Operations Center.

The two are part of a 10 person Incident Management Team that includes representatives from Clark and Kitsap Counties, and employees from the Washington State Emergency Management Department.

According to Cowan, "We're not technically volunteers, because the County will be reimbursed for our salaries and expenses. The fact that we're able to help out is a testament to the support of the Sheriff and Commissioners. No one likes to see employees gone for so long, but there's tremendous value in having us participate in a large scale disaster recovery effort, and we'll be able to apply what we learn to our work locally. In our minds, this could just as easily be the islands recovering from an earthquake, and it seems right that we help if we can."

The two will be living in a large tent city set up to house the army of emergency workers that has assembled in Baton Rouge. Work will be done in alternating twelve hour shifts for the full duration of their deployment.

Says Halloran, "One of the biggest challenges is to smoothly coordinate the massive number of personnel and resources on scene. Our job will involve working in the State Emergency Operations Center to coordinate requests from various groups working out in the field, and helping to ensure that everyone is getting the support they need to perform their various duties."

By taking on this role, Cowan and Halloran are fitting into a nation-wide system of Emergency Operations Centers and Incident Management Staff designed to be interchangeable and cooperative in large scale disasters. The San Juan County Emergency Operations Center is located at the District 3 Fire Station on Mullis St. in Friday Harbor. The Washington State Center is located at the Camp Murray military facility in Olympia.

For more information about local disaster preparedness, visit: www.sanjuandem.net


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Islands Playwrights Festival

Although it isn't by design, this years Islands Playwrights Festival is something of a showcase of women writers. The Festival plays September 16, 17, 23, and 24 at San Juan Community Theatre. Curtain time is 7:30 p.m.

"We have presented the works of more than forty local playwrights over the years," Festival Coordinator Lynne Mercer said, "and the gender balance has been 50/50. Some years the plays chosen all have been by men. This just happens to be a year when the works selected mostly were by women."
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Not As Bad As It Looks, But Could Have Been

A fire broke out in an area of stored junked vehicles early Thursday morning on San Juan Island, sending plumes of black smoke into the air. Fortunately the smoke was noticed by a resident on the property who quickly worked on the fire with a number of fire extinguishers until the Fire Department arrived. While the scene looks like a major disaster had occurred, all of the disasters had occurred prior to the fire: the truck and the surrounding vehicles in the photo are previously wrecked trucks and cars that are stored on the property.
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Example of the stranded pet problem in New Orleans.

(Photo courtesy of Best Friends Animal Society)
Stranded, alone, and desperate on top of a car hood. Don't worry, this beautiful girl was rescued by a team from Best Friends Animal Society

Read Bill Weissinger's column (link above) on this subject, and how you may help save the animals of the Gulf Coast.

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Larsen Weighs In On BOCC Primary Race

(Myhr & Stephens At A Recent FH Debate)

Brooke N. Davis, Campaign Director for Congressman Larsen. has announced that Congressman Rick Larsen has formally endorsed Democrat Jamie Stephens for District 3 San Juan County Commissioner. "Jamie Stephens would be a great new progressive voice on the San Juan County Commission and has my full support," Congressman Larsen said.

The Island Guardian made a number of calls to Larsen office numbers (and to cell phones of staff members) at Larsen's office, but was unable to talk to Larsen, however in a recent phone conversation with staff member Davis, the staffer said the determination to come out for Stephens was the result of Stephens simply asking Larsen to support him, and the fact that the SJC Democratic Central Committee had endorsed him. Upon questioning, the staffer said they did not know Stephens Democratic opponent in the primary, but if Stephens does not win the primary, Larsen will then support whoever does win.


Bob Myhr told the Guardian that: "Congressman Larsen did not interview me, nor did anyone from his office, nor has anyone from his office contacted me. It appears this arrangement was made by former Commissioner Miller prior to her departure and/or representatives of the Democratic Central Committee who may have attended a meeting with Congressman Larsen in Mount Vernon this past weekend. I believe that the voters of San Juan County will make their choice in the primary based on the records of the candidates within the County and will disregard attempts to influence the race from outside."

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Primary BOCC Campaign Finances Report

All candidates for public office are required to file financial information with the State Public Disclosure Commission. The financial reports of the two candidates (Myhr & Stephens) for the Democratic primary election in San Juan County will not be complete until after the election, but an inspection of the information filed to date can help the voter to understand some aspects of the two candidates respective campaigns, and the breadth of their support. Here is a brief summary of the campaign finances to date.

Mr. Stephens has used $13,526 of his own personal funds to help pay for his total campaign expenditures to date of $20,260. He has received approximately $8000 from an estimated 45 contributors to his campaign, including $500 from the local Democratic party. His campaign currently has an operating deficit of $9552.

Mr. Myhr has used $500 of his own personal funds to help pay for his total campaign expenditures to date of $14,249. He has received approximately $15,500 from an estimated 95 contributors to his campaign, including no funds from any party or organization. His campaign currently has an operating surplus of $1203.

This information (and the latest updates as they are filed) are a matter of public record and may be found at www.pdc.wa.gov

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Meet The New Land Bank Director Today

There will be an open house to welcome Lincoln Bormann, the new Land Bank Director and his family to our Island community.

When: Thursday, September 15th
Time: Open House. 4:00 p.m. – 6:00 p.m.
Where: The Land Bank Office - New Location,
328 Caines Street, Friday Harbor. Tel. 378-4402
(historic house on the corner of Caines Street & Argyle Avenue)

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Youth Drug Use Continues to Decline

The San Juan County substance abuse office has reported that Health and Human Services Secretary Mike Leavitt announced a 9 percent decline in illicit drug use among American youth between the ages of 12 and 17 from 2002 to 2004. Marijuana use also declined by 7 percent among young adults between the ages of 18 and 25 during this same period. Marijuana continues to be the most commonly used illicit drug, with a rate of 6.1 percent (14.6 million current users) for the U.S. population 12 and older. The findings are from the 2004 National Survey on Drug Use and Health (NSDUH) released today at the annual National Alcohol and Drug Addiction Recovery Month press conference.
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Gaylord & Bahrych At Odds On Sherman Case

(Randy Gaylord)

The President of the Friends of the San Juans, Lynn Bahrych, has sent out a press release in response to a story in The Island Guardian about the recent law suit filed in San Juan County Superior Court by Mr. Sherman over the Growth Management's order on ADUs, also known as "guest houses" ("Growth Board Sued In Local Court") The suit argues that even though he, and others, had applied for a permit prior to the Friends appeal of the San Juan Counties regulations that govern where, and when, a guest house, or a main house, can be built, that they are now improperly restricted from developing their properties by not being allowed to have both a guest house, and a main house.

Sherman believes that because their applications clearly stated that their intent was to build a guest house and a main house, they were "vested" under Washington law, and that later decisions of the Growth Board in response to the Friends does not negate their rights to proceed.

In the press release, Bahrych states she wishes "to clear up any misunderstanding about this", and that "neither I nor the Friends of the San Juans has taken the position that Mr. Sherman should not be allowed to build his main house. On the contrary, we have argued in our briefs, which are public records, that he has a vested right to build his main house. Prosecuting Attorney Randy Gaylord agrees that Bahrych has argued this position, but told the Guardian that in his legal opinion, the arguments she has presented in support of the Friends position are simply incorrect.

Bahrych maintains that the Friends are "not standing in Mr. Sherman's way. We think that it is unreasonable to prevent him from building a main house when he had a bona fide guest house permit in September of 2000 and a county-approved site plan. To prevent him from building his main house under those circumstances seems unreasonable and unfair." While Gaylord may, or may not, feel that Mr. Sherman and the others are being treated unfairly, Gaylord believes that Bahrych and the Friends are attempting to say it is the County who is making a determination on vesting, but Gaylord says it is the Growth management Board that has made the determination, and that he is simply doing his job as the attorney for the BOCC.

Gaylord states that he has asked Bahrych for the legal authority for her interpretation, but believes the cases she has cited are not legally controlling in the current case. Gaylord maintains that based on his role as County Prosecutor "My job is to make the call" on how the County must respond to the Growth Board orders. Because of the recent suit filed in SJC Superior Court, Gaylord has also invited the attorneys that are involved in the case to cite any case law that they believe has relevance on the issue, but points out his job is to deal with the parties in the case, and while Bahrych and the Friends action to appeal the County to the Growth Management Board has resulted in the current lawsuit, Gaylord said his responsibility is to respond to the case at hand, and the question will be resolved, not in the court of public discourse, but in a court room.



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Eat Cajun/Creole, Help Gulf Coast Victims

San Juan Island's many chefs, restaurateurs, hospitality professionals, farmers, food producers, artists, musicians and many, many others are responding to the many needs of our fellow citizens of the Gulf Coast region by raising funds and hosting an elaborate celebration of the culture and cuisine of the region. On Sunday, September 18th beginning at 5 P.M. just about every chef from every restaurant on San Juan Island will be collaborating to produce an exquisite feast of "low-country" Cajun and Creole specialties, transforming the garden and pavilion areas of Roche Harbor Resort into a scene reminiscent of old New Orleans.

Two bands will be traveling from the Seattle area to entertain with their blends of Cajun and zydeco music. Many surprises will be in store for our guests as our street performers and gracious cocktail servers entertain and delight.

Because the cost of putting on this special fete is being entirely underwritten by our generous sponsors, 100% of the donation guests make to get in the door will go ENTIRELY to the charity they specify. For ease, we have researched and chosen 5 organizations to choose from. They are:

The American Red Cross Disaster Relief The Salvation Army Second Harvest National Food Bank Baton Rouge Foundation (Displaced persons and Recovery Funds) The ASPCA

Checks will be written directly to the charity of choice and we are happy to volunteer our time and efforts entirely to celebrate your special contribution. Tickets are available and donations are being accepted at: The Market Chef, Griffin Bay Bookstore and The Roche Harbor Grocery Store.

We do ask a $150.00 donation per person in order to maximize the contributions we are all making. We certainly hope to see you there.

DO COME AND DO GOOD!

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Interim Director To Return To PW

(file photo: Matt Zybas)
Citing the demands of the job, Matt Zybas announced to the Community Development & Planning Staff that he will not be putting his name forward as a potential candidate to be the permanent director of the department.

Zybas was appointed as the interim director of the department after Deputy Director Shaw was fired in May of this year. While Commissioner Miller stated at the time that she was "excited about the new opportunities to have a fresh start in the department", there were no noticeable changes made, and the time to process a building permit has increased from what it once was. In June, Zybas told the BOCC that he would not be replacing the Deputy Director position that had been filled by Shaw, and he intended to hire an outside consultant to advise him on ways to improve the department.

It is reported that Zybas will continue to serve until a new Director is hired, and plans to be part of a committee that will interview and advised the BOCC on the hiring of the new Director.

Zybas will be returning to Public Works once his replacement has been selected. While on the job Zybas impressed the public with an open door policy and willingness to respond to concerns and questions about the department, and was popular with the staff. One observer opined that the job is simply too big for one person to try and control, and that since the building and planning portions were once again combined, and by not hiring a deputy, Zybas was simply overwhelmed by the combination of the day-to-day work load and the demands of the political and legal pressures that have been a part of the job. Adding to the pressure and demands is the travel time of commuting from his home on Orcas to Friday Harbor.

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Alert Neighbor Averts Potential Disaster

A potential life threatening fire was averted in the early morning hours on Monday when smoke and fire was noticed by a neighbor who happened to be up, and quickly responded by calling 911, waking the occupants of the dwelling, and then started fighting the fire.

The potential for injury was compounded by the fact that because the fire started outside of the building the smoke alarms inside had not been activated, so the residents were not alerted to the danger until their neighbor came to their rescue

The fire department was able to finish up the job and determine that the threat was gone; and by time they returned to their respective stations, put away their gear and cleaned-up, what remained of the time left over for some shut-eye before going to their day jobs was gone.

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Growth Board Sued In Local Court

Bill Sherman, and 53 intervenors, have filed a lawsuit in SJC Superior Court against the GMB (Growth Management Board). Commissioner Kevin Ranker is identified in the lawsuit as one of the underlying parties in the case. Ranker was the Executive Officer of the Friends of the San Juans when the Friends appealed portions of the land use regulations in San Juan County that relate to guest houses (officially known as ADUs: freestanding accessory dwelling units) to the GMB. It was that appeal that started the seven years of additional appeals and legal actions that has put SJC and the GMB at odds, and resulted in last weeks move by Ranker and Commissioner Lichter to go against the advice of Prosecuting Attorney Gaylord and settle out of court with the Friends (related story) .

The suit contends the rulings of the GMB made as a result of the appeal by the Friends, and others, has "clouded the development rights of property owners, such as Mr. Sherman" The problem that Sherman and the other 53 named parties have, is the box that the GMB has put them in with respect to being able to construct a normal sized home if they have already built -up this point- a legal Guest House, and now wish to build a main house. As a result of the GMB rulings they are now told they cannot apply for a permit if they already have a house: the guest house. The suit contends that the past building permits issued by the County for the guest houses in question clearly indicated the guest house building as a guest house, and that the site plans for indicated there would be a main residence constructed at a later date.

The issue has since become more complex and difficult after a recent interpretation and a ruling by the Community Development and Planning department that the kitchen would have to removed from the guest house before the department would accept an application for a main house, since the absence of the kitchen would change the status of the "guest house" to something other than a residence. But if the County will not allow them to continue to live in the "guest" house while construction a new house, and then, for example, remove the kitchen from the guest house, thereby converting it to an accessory building or a sleeping room, this will force the property owners to move somewhere else while building their new house. (related column)

The suit asks the Court to find that the GMB order be found to be in "violation of constitutional provisions on its face or as applied…outside the Board's statutory authority or jurisdiction…engaged in an unlawful procedure or decision-making process.. erroneously interpreted or applied the law…order is not supported by substantial evidence… is inconsistent…and…is arbitrary or capricious".

While this is going on, the BOCC will move forward in working out the details with a settlement with the Friends outside of the County lawsuit. A lawsuit that the County may now never know if they would have -or have- won or not.

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Land Bank 05 Plan Ready For Comment

The San Juan County Land Bank Commission will meet on Friday, September 16th in the community meeting room at Islanders Bank Administration Building, 545 Park Street, Friday Harbor, San Juan Island. The meeting begins at 8:30 a.m. A Public Hearing is scheduled for 9:00 a.m. on the Land Bank Commission's proposed 2005 Amended Acquisition & Expenditure Plan II

Copies of the draft Plan are available upon request from the Land Bank office (378-4402), 328 Caines Street, Friday Harbor. General public comments are scheduled for 9:30 a.m. The public is welcome at every monthly Land Bank Commission meeting.


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Heritage Trees In Friday Harbor

The public is invited to participate in an community discussion about heritage trees in Friday Harbor. This meeting is being sponsored by the San Juan Horticulture Society, and the Town of Friday Harbor Historic Preservation and WSU Master Gardeners Programs.

The meeting will be held at 7:00pm, on Wednesday, September 14, 2005 at the Island Community Church on Gilbert Lane (from Friday Harbor, turn left onto Gilbert from San Juan Valley Road.)

For more information contact: Fiona Norris, 378.1003.


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BOCC Ignores PA Advice, Stays Guesthouse lawsuit

Gaylord States His Case For The Court System

After the Comprehensive Plan, and the rules and regulations that enforce it were sent to the GMB (Growth Management Board) for their approval, the portion of the plan that controlled and regulated guesthouse construction was appealed by the Friends (Friends of the San Juans), who argued that the regulations were inadequate. It is has been the contention by the Friends that the population density in SJ County could be doubled under the current regulations.

The GMB told the County they must do a comprehensive study to show what the impacts of allowing guest houses would be, and how any negative impacts would be mitigated. A study was done by the Planning Department that showed, among other things, that based on a review of other communities in the country that allowed guest houses, that the density did not -in fact- double, and impacts would not be contrary to the demands of the GMB. The work submitted by the County to the GMB was not sufficient to satisfy the demands of the GMB, or the appeals by the Friends.

As a result, the BOCC (Board of County Commissioners) went to court to state their case, and was ruled against at the Superior Court level. The County then appealed the lower court ruling to the Court of Appeals. The case has now been presented, and all parities have been waiting for the Court's decision. In the meantime the Friends have been pushing to have the County sit down in executive session with them and come to an agreement that would negate the need for a Court order.

While executive sessions are conducted in secret, the fact that the County and the Friends have been having meetings on a proposal by the Friends is no secret. Lynn Bahrych told The Guardian that the Friends had sent a proposal to the BOCC last April, but had not received a response until two weeks ago, when the former Executive Director of the Friends, and now County Commissioner, Kevin Ranker, made some notes on the proposal, sent it off to Commissioner Lichter, and others, and opened up the dialog on a possibly settlement.

Last Tuesday (9-6-05) the BOCC agenda included an item at 2:30 P.M. that simply stated "Accessory Dwelling Unit Proposal" At the appointed time Ranker acknowledged that 70% of the voting public had supported allowing guesthouses in SJ County, and told the public in attendance that he had decided the time had come to settle the matter outside of the court system, and that to that end was willing to accept the proposal from the Friends as a starting point for settlement. It quickly became apparent that Commissioner Lichter was on the same page as Ranker, but the public had no idea what the proposal was, or how it might effect them, either in a positive or a negative way, since no copies were presented, and of course the discussion up to that point had been held in private.

Ranker explained that he would like the BOCC "to go back to the Growth Management Board with the Friends to ask for compliance" based on the proposal from the Friends, and would like to withdraw the County case from the Court of Appeals; or at least ask the Court to stop the process until the BOCC and Friends worked out all the details of a settlement. The Friends wanted to go a step further and ask the Court to dismiss the lawsuit with prejudice, which would prevent the County from any possible future legal action on the matter -for any reason.

Prosecuting Attorney Randy Gaylord was asked to addressed the issue, and began by explaining what the process had been up to this point, and expressed in no uncertain terms, that as the lawyer for the BOCC, it was his legal opinion that it would be a mistake for the Board to stop the legal process. He explained that to enter into the proposed settlement would "put the County into a box" and later stated "You are going into a trap that you will never be able to get out of". He pointed out that recent court rulings in other cases show the law and the findings by the GMB are dynamic, and are changing in ways that may be helpful to the County to allow guesthouses as allowed by the current county regulations. Toward the end of his time, Gaylord also expressed his view that "parts of the proposal by the Friends are contrary to law".

Ranker told Gaylord that he disagreed with his legal opinions, and that the BOCC should settle with the Friends. Commissioner Lichter felt that rather than withdrawing from the suit, the County should ask the Court to hold up on their decision for 180 days while the Friends proposal is reviewed.

In the end the Board passed a motion to use the Friends proposal as a basis for a settlement, and to ask the Friends to join the BOCC in asking the Court of Appeals to stay the case for 180 days. Ranker then turned to Gaylord and informed him that he had been in contact with a clerk at the Court of Appeals and had a fax number and some forms that might be helpful to allow Gaylord to quickly ask for the stay. The County's Prosecuting Attorney did not respond to Rankers comment.

The public will have an opportunity to now review the settlement proposal, and when it is sent to the Planning Commission for their review and possible recommendations the public will be allow to comment. Any recommendations from the Planning Commission will be forwarded to the BOCC for action, and the public will once again have be able to comment at that time.

So will this action by the Board, against the advice of their legal counsel, finally resolve the guesthouse issue? No, but it does open up the process all over again, and will even allow for new appeals to be filed. There is also the question of will the Court of Appeals play ball with the BOCC and Friends, or will they decide the case needs to be resolved in the courts, and deny the request for the stay of a decision. The lid may have been taken off of the can.


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State & Local Help For Hurricane Victims

(Christine Gregoire)

OLYMPIA: Gov. Christine Gregoire yesterday established Washington Cares in collaboration with Washington Mutual Bank. Washington Cares enables Washington citizens to assist the victims of Hurricane Katrina. Washington Mutual will match the first $100,000 in donations from citizens and will continue to match all donations from its own employees. The governor understands that people in Washington state are looking for a way to help. Washington Cares will make sure their generosity is channeled to the best possible use.

"The most urgent need right now is for money," said Gregoire. "We must help maintain the good work that is underway through reputable relief organizations on the ground trying to cope with the devastation left by Katrina.

"My family and I have been watching the heart wrenching scenes of devastation in the Gulf Coast region," said Gregoire. "I share the concern of all Washingtonians who want to help the people who are suffering in the wake of Hurricane Katrina."

"We recognize the heart-felt response from people across the United States and we are proud to join Governor Gregoire and Washington state residents in supporting this much needed effort," said Kerry Killinger, Washington Mutual Chairman and CEO.

Washington Mutual Bank will be accepting cash donations to Washington Cares at every branch in the state. Funds will be directed to the American Red Cross, which is providing a massive relief effort, coordinating response strategies and working on rapid deployment of resources to assist the people of the Gulf region. Washington Mutual also donated an additional $100,000 to the Red Cross earlier this week.

"I've let the governors of Louisiana and Mississippi know of our emergency response and that we are here to help," said the governor.

Call for Clothing:
(Pastor Nancy Tiederman & Debbie Emery)
FRIDAY HARBOR: On the local front there has been impressive local activity in San Juan county to help, and one of many examples is the St. David's Episcopal Church will begin a clothing drive this week. Although there has been no call for clothing yet - Debbie Emery said "we wanted to get a head start on collecting and sorting CLEAN used clothes that will be of benefit at some point to the displaced families down south."

"The people of San Juan Island are very caring and generous people." That was the assessment of Pastor Nancy Tiederman, Rector of Saint David's Episcopal Church as she stood in the middle of a room of donated clothing and linens. "We collected over $7000 for victims of Hurricane Katrina at our church services on Sunday. Now people from all over the island are bringing wonderful clothing and linens and even some new Teddy Bears."

Debbie Emery, coordinator of the clothing and linen collection, has been pretty amazed, too. "The day that we announced our plan, people began dropping off items, and it has continued ever since," Emery said. "Volunteers are helping to sort clothing, Lynn Danaher has given us storage space at Surina Business Park, and businesses have given us boxes for storage and shipping."

Emery and her team of volunteers are coordinating their efforts with various agencies in Louisiana and Mississippi. As items are needed and someone in that area is available to distribute them, Emery will organize a shipment.

Emery said that If people have good quality, clean items to donate they can be dropped off in front of the Church office on Park Street during the week - or at the Church undercroft from noon to 5 p.m. the next two Sundays. The clothing and linens will be sorted, packaged, and labeled - and ready when the call comes.

Any local merchants who have leftover summer t-shirts are encourage to donate. Baby diapers and children's clothing of all sizes are also really encouraged.

If you have any questions please call the church office at 378-5360 or Debbie Emery at 378-2196.



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Zulu Cultural Ambassador In FH

(Ntokozo Mswell)

Ntokozo Msweli, traveling cultural ambassador for the Zulu tribe of South Africa, will present an evening of Zulu culture at Pelindaba Downtown on Tuesday, September 6, from 7-9 pm. Sponsored by Africa Horizons International and San Juan Islands Rotary, the evening will feature her narrated multimedia presentation including examples of traditional and contemporary Zulu art and demonstrations of Zulu drumming and dancing. . Kaye Hennig, Executive Director of Africa Horizons, will conclude the evening with a presentation of her research on the beginnings of the Zulu war and news about community development projects in rural Africa. Admission is free.

Prior to her travels Msweli worked as Cultural Hostess at the Zulu Cultural Center in Kwa Zulu-Natal where her responsibilities included educating tourists and school children on the culture and history of the Zulu people. She escorted tours through a recreated Zulu village whose residents demonstrated pre-colonial Zulu hunting and farming methods, as well as showcasing traditional Zulu food, clothing, and shelter technologies. Dressed in colorful Zulu attire, she especially enjoyed her role as lead dancer in cultural shows.

Rotary and Africa Horizons have sponsored Msweli's visit to bring attention to their joint efforts in rural South Africa. Africa Horizons is an established non-profit volunteer organization founded by Terry and Kay Hennig of Friday Harbor. "Our hope," said Hennig , " is that through cooperative efforts and careful planning, southern Africa's remote rural communities will become economically viable places to live and tribal culture will remain an important and integral part of life there."

While Rotary is best known for its world leadership in the eradication of polio, both Rotary and Africa Horizons International have been instrumental in bringing modern fresh water well technology to rural Africa. In addition to basic needs projects, both groups also cooperate in a variety of economic, educational and cultural preservation initiatives, including this presentation at Pelindaba. Their current focus is on a vital water project in the community of Msinga, part of a long-range plan to provide clean water to 12,000 Zulu residents. All projects are developed in collaboration with local and regional tribal and community leaders and are designed to contribute to a sustainable economic structure while preserving cultural traditions and supporting environmental conservation.

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Send A Cheerful Get Well Or Thank You Card

(Sgt. Robertson)

Minnie Knych's nephew, Sgt. Richard (Buzz) Robertson was wounded in Iraq last week. He had shrapnel in his liver and stomach. The worst of his injuries is a lacerated spinal cord. He is currently in intensive care at Walter Reed Hospital. It is not known if he will ever walk again. He has no feeling in his legs and feet. He must remain totally immobile and cannot sit up because of the spinal injuries. He will be that way for weeks to come.

Buzz serves in Special Operations out of Fort Bragg. His unit was in an up-armored Humvee when they hit a mine near the border of Syria. Several of the men died, so Buzz is very lucky to be a survivor. Over the last two years, he has been back and forth to Iraq four times.

His wife and baby daughter are visiting him daily - and his mother, (Minnie's sister) has been with him all week and will stay in Washington DC until they operate on his spine.

In an email sent to The Island Guardian, Knych stated "What Buzz needs most right now is to know that we, as a nation, are grateful for his service and wish him well. Please send him a cheerful get well or thank you card. Thank him for his service. Let him know your thoughts and prayers are with him. He was coming close to 20 years of service in the Army and is a very dedicated and patriotic young man. "

Cards and letters may be sent to:
Sgt. Richard Robertson, patient
Walter Reed Hospital
6900 Georgia NW
Washington, DC 20307

The Knychs' ask your help in filling his hospital room with cheerful cards and encouraging letters from all over the US.

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2:30 PM Today (9-6-05): BOCC To Discuss ADUs

The SJC Board of Commissioners 2:30 PM, Tuesday September 6, 2005 have placed on the agenda the following: "Accessory Dwelling Unit Proposal", until 3:10, and then resume again at 3:20 PM to "Continued Discussion or BOCC Matters if Necessary".

It is not know what aspect of the ADU issue will be discussed, and to what end, but as reported in The Island Guardian previously, (Link) there is the possibility the BOCC will abandon the fight to effect the regulations contained in the Unified Development Code (UDC) and settle with those who have in the past appealed to the Growth Management Board.



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Taking No Chances With Gas Trucks

IPS Owner Charlie Meyer watches fire fighters take preventive actions

Sometimes it seems like these things always happen at the end of a Friday on the start of a three day weekend, but when the brakes overheat on a gas truck it is not good news, and when the truck is parked in a gas station and a fuel yard, the prudent thing is to get the customers out of the area, call the fire department, set up all your fire extinguishers, and hope that the problem is not going to flare up into an emergency, All of which was done by Island Petroleum Services when the brakes overheated on one of their fuel trucks on Friday night.

Firefighters lay down foam under the gas truck

Thanks to the quick actions by Island Petroleum Services and the fast response by the Fire department, had there been a fire, all the right people and equipment were in place to combat it. As it was, everything turned out all right, and everyone could go back to enjoying the start of the weekend.

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