Press reports on Whidbey Island (from News-Times and the RECORD) post-November 2008 here.



Lonesome Emerson pushes for Island County tax cuts

By JESSIE STENSLAND, Whidbey News Times Assistant editor
Apr 15 2011, 3:31 PM

While most Island County officials hope to begin climbing out of a budget hole this year, Island County Commissioner Kelly Emerson has other plans.

During the commissioners’ first budget-related meeting this year, Emerson proposed cutting taxes. Specifically, she said her goals for this year’s budget process are to suspend the usual 1 percent annual property tax increase, sunset some sales taxes, stop “chasing” grant opportunities, reduce the Conservation Futures tax and possibly sell some county property.

“The citizens are not seeing their pay increase, so I don’t think it’s right that we see any increases,” she said in an interview. “I think property owners could use a little more money in their pockets.”

Emerson, a Tea Party-Republican, made it clear during Wednesday’s staff meeting that the political divide between her and the two Democratic commissioners won’t be easily closed and that may make the budget process even more of a challenge this year.

Already, discussions between the commissioners have been spirited and even ill-tempered.

“Please stop yelling and we don’t need to campaign anymore,” Commissioner Helen Price Johnson told Emerson at the height of the arguing Wednesday, adding that pontificating isn’t necessary. Afterward, Emerson admitted she was impatient with the other commissioners, but was tired of them “making the same points over and over again.”

Budget Director Elaine Marlow said her goal is to start budget discussions early this year and to create a budget document that is easy for the public to understand. She doesn’t yet know whether more budget cuts are in store, but is waiting for sales tax information from the state and the resolution of the state budget.

So far, the news isn’t great, though the deep cuts of previous years seem unlikely. Marlow said sales tax revenues will likely be flat or down a little from last year, while costs for things like pensions and health care may be up. The good news is that home construction seems to be increasing and the county didn’t lose liquor sales profits as anticipated.

Since 2008, the commissioners have cut more than 20 percent of the current expense funds and about 85 jobs.

Still, Emerson said she believes there’s even more room for cuts, though she said she won’t know any specifics yet.

“I do have an idea we are definitely not tapped out. There is room,” she said in an interview afterward.

Emerson told the commissioners that she wants county department heads to answer a series of questions similar to those Gov. Chris Gregoire presented to state agencies ahead of the budget process; the questions focused on identifying essential government service. Also, Emerson proposed the county to start a “You Cut” website modeled after the U.S. House Republican project, which allows people to vote on proposed cuts.

Price Johnson pointed out that she already proposed using the government’s questions as a template. In addition, she and Commissioner Angie Homola said they were interested in the “You Cut” idea or another kind of online poll, but they were concerned about how programs would be chosen to be offered up for cuts, the context of how the programs would be presented and whether a poll would really represent the community.

While she has a lot of ideas, Emerson admitted in an interview that her proposals for tax cuts are unlikely to go anywhere due to her minority position on the board.

“I’ll give the best pitch I can give and hope for the best,” she said.

As for her budget goals, Emerson said she wants to end the annual 1 percent increase in the amount of property tax that the county collects. The 1 percent increase is the maximum allowed by law, without a vote of the people, and is routinely passed by county, city, town, fire district and other local officials. Officials commonly complain that the limit on the tax increase doesn’t keep up with inflation or cost increases. A vote by the commissioners to adopt the 1 percent increase would bring in about an extra $73,000 in current expense funds next year.

Emerson also proposed “sunsetting” some sales taxes, though she was vague on the details. She suggested doing away with the 1 percent sales tax for mental health programs, which a Republican-dominated board of commissioners passed in 2007. She said she would like to see the Island Transit sales tax reduced, though the agency isn’t a part of county government.

“If some of these things were on the ballot now, I don’t think they would go through,” she said, adding that the county’s high sales tax rate puts businesses at a competitive disadvantage.

Next, Emerson said the county should “stop chasing down grants.” While she said she understands the county is mandated to perform certain functions that are funded by grants, she said the county should stop applying for new grant opportunities. She said the grants come with strings attached that ultimately cost the county.

“The past board went after grants like it was free money,” she said. “There’s no such thing as free money.”

Emerson said she wants to reduce the amount of property tax that is collected through the Conservation Futures program, which was enacted by Republican commissioners. The tax of 6.25 cents per $1,000 in assessed value is used to purchase and protect open space land. She pointed out that the property the county purchases is taken off the tax rolls.

“It doesn’t look good in the economic state we are in for the county to be purchasing land,” she said.

Finally, Emerson proposed that the commissioners look at the property the county owns. Specifically, she said members of the Island County Fair Board are interested in purchasing the county’s fair property in Langley and she agrees that’s a good idea. It will make the county some money, she said, and allow the fair board to do a better job of running the fair without county hindrances.

Likewise, she said the county “should get out of the management” of the CASA facility. Court Appointed Special Advocates, or CASA, is a program of volunteers who represent children in court.

The other commissioners spoke more philosophically about their own goals for the budget process, but unlike Emerson, didn’t offer any big surprises or blockbusters. Price Johnson said she wants a goal-driven budget and hopes to find ways to improve the quality of services the county provides.

Homola stressed the importance of communicating with the public so they understand the multitude of services the county provides and the consequences of budget cuts. She asked whether the residents would really want to stop feeding impoverished seniors citizens and children in order to save a few dollars in taxes.

“Do we want to be that kind of community?” she asked.



Land-use fines reach $37,000 against new Island County commissioner, husband
By JESSIE STENSLAND, Whidbey News Times Assistant editor
Jan 10 2011, 9:11 AM · UPDATED

Island County Commissioner Kelly Emerson and her husband were assessed $37,000 by the county planning department this week for alleged violations of the county building code, critical areas ordinances and zoning ordinance.

The alleged violations in the backyard of the Emersons’ Camano Island home were discovered during the heat of last year’s campaign season and became a hot-button issue, erupting into campaign mailers and an unusual lawsuit.

The controversy arose after a neighbor complained that the Emersons were building a closed-in patio without a permit, but then inspectors found there was also a deck and wall built too close to a stream.

Emerson, a Republican, beat former Democratic County Commissioner John Dean in the general election, but the backyard construction matter is far from resolved.

County Code Enforcement Officer Andrew Hicks sent out a supplemental enforcement order to the Emersons this week after receiving no response from either an Oct. 1 notice of violation or a Nov. 1 initial enforcement order. The newest order assesses the Emersons for the initial $5,000 penalty, plus a $500-a-day fee for remaining out of compliance with the critical areas code for 64 days.

But Hicks said the department, at the direction of Planning Director Bob Pederson, may significantly reduce any penalty, or possibly eliminate it, if the Emersons follow the order. The letter to the Emersons reiterates this.

“Our goal is to get compliance,” he said. “It’s never the county’s intent to collect a boat load of money or a large amount of fees from anyone.”

Hicks said he’s exhausted the other remedies and the threat of civil penalty is the only option left to get a resolution. He said the department would have been more than willing to give the Emersons extra time to comply, if they had just communicated.

On the other side, Emerson said she and her husband didn’t ignore the county’s orders, but that the lawsuit was their response. She said she’s “not convinced” that there’s a wetland on her property or that the structures in her yard required permits to be built.

Moreover, Emerson’s attorney, Stephen Pidgeon of Everett, also emphasized that the Emersons responded with the lawsuit against Dean, Pederson and another planning department employee over the enforcement action. He claims the enforcement was directed for political reasons and that the action — including a county employee’s “trespass” onto the Emersons’ property — was a breach of Island County code, the state constitution and the U.S. constitution.

On Aug. 30, then-commissioner Dean received an email at his home from a resident complaining that the Emersons were building an enclosed room on their home without a permit. He forwarded the email to Pederson with the message “FYI.” Several hours later, a county employee went to the Emersons’ home and slapped a stop-work order on the project.

Subsequently, a county building official discovered that the Emersons had also built a deck without a permit and possibly within a buffer of a stream, which is a critical area. According to Hicks, the deck isn’t exempt from permit requirements because it was built on a grade. Also, the Emersons built a wall possibly within a stream buffer.

Hicks said he sent out a notice of violation on Oct. 1 giving the couple 30 days to voluntarily come into compliance with county code. He noted that the Emersons had previously been warned in writing that there was a critical area in their yard and that they would need a permit to build.

After receiving no response, Hicks followed up with an initial enforcement order on Nov. 1. It ordered the Emersons to submit a wetland report, prepared by a qualified professional, to the department within 30 days. The report was supposed to delineate the stream, wetlands and buffers. Also, the Emersons were ordered to submit a building permit for the deck. The letter warns about fines for not complying and explains the appeal process.

Also on Nov. 1, the day before the election, Kenneth and Kelly Emerson filed a lawsuit against Dean, Pederson and a building inspector, alleging civil rights violations, defamation and violations of the state’s Consumer Protection Acts. They asked for unspecified damages.

Part of the lawsuit was aimed at Dean for a campaign mailer he sent out to 20,000 residents that was critical of Emerson for building without a permit. The Emersons claimed it was defamatory and fraudulent.

Also, the lawsuit claimed that the planning department’s enforcement action against the Emersons was politically motivated and the action was contrary to the county’s policies and codes.

But Hicks disagrees.

“This violation has not been handled any different than any other violation,” he said.

Hicks said he normally sends out from three to five supplemental enforcement orders a year and the $37,000 penalty isn’t an unusual amount. He doubts anyone has ever had to pay the full assessment amount.

“We’ve made it clear that we’re willing to work with the landowner to resolve this problem,” he said.

UPDATE: Island County commissioner concedes defeat
By JUSTIN BURNETT
Whidbey News Times Staff reporter
Nov 11 2010

Island County Commissioner John Dean has thrown in the towel, conceding defeat to Camano Island Republican Kelly Emerson, but the Tea Party member says she has no plans to drop her lawsuit against Dean and two other county employees over an October political mailer.

Emerson said Thursday afternoon that she was glad the race was over and that she was honored that voters chose her as their newest representative. But, she also said she and her husband, Kenneth, have little choice but to move forward with the lawsuit.

“We’re being forced as individuals to protect our rights,” Emerson said.

The lawsuit, which asks for an unspecified sum of damages, was filed in Island County Superior Court the day before Election Day. It names Dean, Island County Planning Director Bob Pederson and Building Inspector Ron Slechta, and alleges civil rights violations, defamation, and violations of the state’s Consumer Protection Act.

The claims all revolve around a political flyer that Dean mailed to 20,000 residents in October and the Emerson’s failure to secure a building permit before beginning construction on an addition to their Camano Island home.

Considering that the lawsuit is from a commissioner-elect, one that ran on a campaign of reducing county spending, it’s raised more than a few eyebrows. However, Emerson maintains that any money the lawsuit ends up costing the county will not be on her or her husband’s heads.

“The lawsuit is not against the county,” Emerson said. “It’s against the individuals.”

They can’t be held responsible if county officials elect to get the prosecutor’s office or the county’s insurance company involved, she said. In fact, steering department heads and elected leaders away from practices and policies that put the public’s treasury at risk will be one of her first priorities when she takes office Jan. 1.

When asked just what she had in mind, Emerson said she didn’t yet have any specific plans on how to accomplish that. Her goal, she said, will be to “re-establish customer service” by making sure government remembers who it serves.

Dean conceded defeat Wednesday evening, Nov. 10, following the latest batch of election results. The count showed that Emerson was leading by 275 votes, with only an estimated 50 ballots left to verify. Emerson took 50.4 percent of the vote while Dean claimed 49.6 percent.

“I’m not disgruntled or angry... I accept it and celebrate it as the will of the people,” Dean said.

“This is part of the democratic process and is how our system works,” he said.

As he sees it, suing your constituents is not part of the democratic process, however. He said the move “doesn’t make any sense,” and marks Emerson as an adversary of the people she’s about to lead. As he has in previous statements to the press, he urged her to think about the pubic and drop the lawsuit.

Dean believes he lost the race for several reasons. First, he said he was one of many elected leaders across the country that fell victim to a wave of discontent with incumbents that washed its way down the political ladder from Washington D.C. to Whidbey Island.

Misconceptions and a general lack of understanding by the public about the depth of the county’s financial situation was another likely factor, he said. It fueled widespread criticism about Proposition 1, the commissioners’ proposed property tax solution that failed in the August primary election, and led voters to believe challengers who promised to change economic realities beyond the control of any elected official.

“It’s the belief that everything will be fixed with a new commissioner,” he said. “I think people don’t see the depth of the problem.”

Dean said he and his fellow board members have done their best to listen to the concerns from the public, and believes he has been a great voice for moderation, always doing his best to balance polarizing issues such as public safety and protecting the environment. It’s unfortunate, he said, that so many seem to believe that Republicans stand for one while Democrats stand for the other.

“It’s a total fabrication and a fantasy,” Dean said.

The truth is that county commissioners are more like the CEO’s of a business, and checking extremist points of view at the door is vital because you represent more than just a single group, Dean said. The results of this election, which came down to less than 300 votes, should make that fact abundantly clear, he said.

“Really, a message like that is you have to listen to everyone,” he said.

Homola picks her planning commissioner
By JESSIE STENSLAND, Whidbey News Times Assistant editor
Jan 23 2009

An expert in water quality and watershed restoration projects will likely become the newest member of the Island County Planning Commission.

But another vacancy remains to be filled as a shakeup of the planning department continues with Planning Director Jeff Tate’s surprise resignation Wednesday.

On Monday, the board of commissioners are scheduled to decide whether to accept Commissioner Angie Homola’s recommendation to appoint Coupeville resident Rex Porter to the planning commission.

If confirmed, Porter will fill the seat vacated by Oak Harbor resident Bill Massey. It’s a somewhat controversial issue since the commissioners’ rescinded former Commissioner Mac McDowell’s pick for the spot after Homola asserted that it was her right to make the appointment.

Porter has a wealth of experience in planning. He is the lead consultant for the county’s Holmes Harbor Shellfish Protection District, he wrote the county health department’s septic tank management plan and he’s the project manager for the county’s watershed and salmon recovery project.

In addition, Porter is the executive director of the county’s Marine Resources Committee and he wrote the Coupeville Storm and Waste Water Reuse program, according to his resume.

Four others applied for the position. They are James Bruner, a retired Air Force major, a former technical editor and aerospace engineer; Kurt Jaehning, a school teacher and commercial fisherman; Tara Hizon, a residential real estate appraiser; and Mahmoud Abdel-Monem, a pharmaceutical chemist and WSU Beach Watcher who works for a company in Minnesota that creates mineral products for animal consumption.

Construction project manager David Sherman, the man who McDowell briefly appointed to the commission, did not submit an application.



Mobile home zoning due for final action
By JENNY MANNING, Whidbey News Times Reporter
May 29 2009, 1:23 PM · UPDATED

The Oak Harbor City Council will vote on a measure Tuesday night to permanently change the city’s Manufactured Home Park Code.

If approved, the amendments would allow manufactured homes in a greater number of residential areas, but with more restrictions than originally proposed.

On April 21 the council voted 4-1 to approve a set of temporary amendments to the Oak Harbor Municipal Code that allowed manufactured homes in all residential areas within city limits. Since then, the interim amendments have been in place. The council OK’ed the changes in an effort to simplify the process of creating affordable housing in North Whidbey.

Prior to the council’s April 21 decision, manufactured homes were not allowed in single or multiple-family residential zones, referred to as R-1 and R-2. According to this transitory group of amendments, manufactured homes will be allowed in all residential zones. The interim code also allowed for more units per acre in single-family residential zones: a maximum of eight units per acre instead of six, according to the temporary code revisions.

After reviewing the new information, the planning commission members decided to forward a recommendation to the city council to approve an amended version of the temporary bill. The amendments to the temporary ordinance only allow manufactured home subdivisions on R-1, or residential single family-zoned lots. Manufactured home parks will be allowed in the remaining residential areas.

The planning commission also clarified the number of units allowed per acre, which was a point of contention at a previous council meeting. Only city-owned and nonprofit owned land can carry eight units per acre. All other land can only have six units per acre.


PSE files complaint against PUD group
By MICHAELA MARX WHEATLEY
South Whidbey Record Langley
Today, 8:15 AM · UPDATED

Puget Sound Energy accused supporters of the effort to create a Whidbey-based electric company of breaking state law in their campaign to take over PSE’s territory on the island.

PSE has filed a complaint with the state Public Disclosure Commission against the Washington Public Utilities Association for paying a salary to Dave Metheny, director of the “People For Yes On Whidbey PUD” campaign.

The complaint, filed Sept. 12 by the law firm Perkins Coie of Bellevue, alleges that the trade organization violated state law when it paid Metheny stipends to act as a local liaison for the association.

The complaint cited news coverage by The Record as proof of the pro-PUD group’s alleged misdeeds.

PSE’s lawyers claim in the complaint that the Washington Public Utilities Association is the functional equivalent of a public agency and is therefore subject to the Public Disclosure Act, the state law that regulates campaigns. The company’s lawyers claim the association is a public agency because it serves a public purpose, is publicly funded, run by government officials and is created by government officials.

Based on that assumption, PSE lawyers claim that the Washington Public Utilities Association used “public funds and/or facilities, including the use of employees to promote a ballot measure” by paying Metheny’s salary.

Dean Boyer, a spokesman for the Washington Public Utility Districts Association, said the allegations lack substance.

“The PSE complaint apparently alleges that the Washington Public Utility District Association is a public agency and therefore precluded from contributing to the ‘Yes on Whidbey PUD’ campaign,” he said.

“We are not a public agency,” he said, adding that the organization is classified as a nonprofit trade association.

“This is an old and very tired attempt by Puget Sound Energy to eliminate any effort at countering the misinformation PSE is spreading about public power and the viability of public power districts on Whidbey Island and in Skagit and Jefferson counties,” Boyer added.

PSE’s lawyers also claim that the Washington Public Utilities Association used public funds to pay for monetary donations to the campaign, as well as for in-kind donations that paid for yard signs and staff time.

The complaint also alleges that public money was spent on political advertising, the group’s Web site and its newsletter.

PSE spokeswoman Gretchen Aliabadi said it’s now up to the Public Disclosure Commission to examine the issues.

“This is an issue of fundamental fairness. These laws are in place for a reason,” she said. “It’s now up to the PDC to take it from here.”

NOTE:  The use of any material relating to "Clinton Forum" comes through publications online about its activities.
A train to Seattle by fall 2005
South Whidbey RECORD, Saturday, January 8, 2005
By STEPHEN MERCER

Daily ferry commuters who ride the bus every day may have a new way to get to work this summer that allows them to kick back and ride the rails.

At a meeting in Clinton Tuesday night, state Sen. Mary Margaret Haugen, announced that Sound Transit will build a temporary train stop at Mukilteo in September. Haugen, who serves as chair of the transportation committee, said the station will allow ferry commuters to catch the train to Edmonds and Seattle.

Her announcement drew applause from an audience seeking to learn more about a planned Mukilteo ferry dock construction project that affects their lives. Approximately 60 people filed into the Clinton Progressive Hall Tuesday evening for the meeting, sponsored by the Clinton Forum’s. Representatives from state and county governments fielded questions and comments about the project and other ferry-related matters.

The multimodal terminal is scheduled for completion in 2010 about a half mile from the existing ferry terminal. The terminal includes a ferry dock with two ferry slips, a covered pedestrian ramp to a Sound Transit rail station, and a bus transit center, said Nicole McIntosh, DOT’s multimodal terminal project manager.

The terminal is intended to improve traffic, pedestrian safety and cut down on traffic backups that can last up to three hours on both sides of the water.

The third ferry is slated for the Mukilteo to Clinton route because statistics collected by the state Office of Financial Management show it is a projected rapid growth area, said DOT director of terminal engineering Russ East.

Reaction to the multimodal terminal and third ferry was mixed. Several in the audience supported both because it will make daily commuting easier. A couple people even asked that the third ferry begin operating before the 2013, the earliest date promised date for the start of operations. A few others even suggested running a passenger-only ferry to Coupeville and Oak Harbor, an idea that has been bandied about for years.

Others, however, charged that the terminal and third ferry would encourage more people to move to Whidbey Island. A Langley man at the meeting who stated that he supports preserving a rural lifestyle on Whidbey Island, said he knows of at least one example in which a person decided against moving to the island because ferries only run twice an hour.

But Island County commissioner Mike Shelton said third ferry or not, people are moving to Whidbey Island.

“Even if you don’t build it, they will come,” he said.

Adding a third ferry boat to the Clinton-Mukilteo run would require the DOT to buy a new ferry at the price of about $66 million, something Russ East said could be difficult for the state to afford especially since the DOT plans to buy four new boats to replace four ferries currently on the run.

East said funding for a passenger-only ferry is also difficult to come by. It will cost from $15 to $40 million just to rebuild Keystone’s terminal, East said. Sen. Haugen backed him on that point.

“The truth is funding for ferries is very difficult in this state,” Haugen said.

The state lost its main source of ferry funding when Initiative 695 reduced the price of license tabs to a flat fee, she said.

Shelton said elected officials from Island County and other neighboring counties are looking at a passenger-only ferry route that would serve Oak Harbor and Coupeville. Based on their research, he said the only way to have a passenger-only ferry for those cities would be if private subsidies paid the majority of the capital and operating costs.
 

Stephen Mercer / the Record...and there was more!

Jay Ryan talks to Island County Commissioner Mike Shelton after the Clinton forum meeting Tuesday while other attendees speak with Washington State...



Bakke, McDowell losing
By JESSIE STENSLAND
Whidbey News Times Assistant editor
Today, 8:47 AM · UPDATED Wenesday, Nov. 5

It looks like history was made in Island County on election day with two big upsets.

In a county that’s never had a female county commissioner or an all-Democratic board of commissioners, two Democratic women are leading in races for two separate commissioner seats.

Oak Harbor resident Angie Homola is ahead of incumbent Island County Commissioner Mac McDowell, a Republican, by 14,749 to 13,900 votes. That’s a margin of 51.5 percent to 48.5 percent with 31,201 ballots counted and an estimated 6,500 left to tally.

Helen Price Johnson is outpacing Phil Bakke, the appointed county commissioner, by more than seven percent. Price Johnson won 15,550 votes while Bakke had 13,484 ballots cast in his favor.

If the women’s leads hold, all three commissioners will be Democrats. They will join Commissioner John Dean of Camano Island.

Homola and McDowell are Oak Harbor residents vying for a district that represents much of North Whidbey. Price Johnson and Bakke are competing in a district that covers South and Central Whidbey.

In another possible upset, Democrat Tim Knue is ahead of appointed state Rep. Norma Smith in the District 10 race by 20,141 to 19,550.

But Rep. Barbara Bailey, R-Oak Harbor, has a solid lead over Democratic rival Patricia Terry of Camano Island. Bailey earned 20,963 votes and Terry has 18,434.

In other big race, Sen. Mary Margaret Haugen, D-Camano, is ahead of Republican Linda Haddon, an Oak Harbor resident, by a healthy margin of 54 percent to 46 percent. In District 10, Haugen has 21,901 votes and Haddon has 18,439.

Island County Auditor Sheilah Crider, who was appointed early this year, appears to be safe from a challenge by fellow Republican Jim Palmer. Crider is ahead by 13,870 to 11,670.

Three local measures also went down in flames. A proposal to form a Public Utility District on the island is losing badly with 15,045 voters casting ballots against it and only 7,554 in favor.

A request by the Port of Coupeville to increase its property tax levy was also shot down by 3,439 “no” votes and 1,362 “yes” votes.

The proposed North Whidbey Fire and Rescue property tax levy lift was turned down by a margin of 4,156 to 2,074 votes.

The majority of Island County voters favored Barack Obama, the next president of the United States. Nearly 54 percent of those who voted for a president cast a ballot for Obama.



Ride the bus and make money for schools, officials say
By ROY JACOBSON
South Whidbey Record Reporter
Oct 04 2008 · UPDATED

LANGLEY — South Whidbey schools have an urgent message for students: As Greyhound used to say, take the bus and leave the driving to us.

It could mean thousands of dollars in funding for the district, said Veronica Schmidt, school transportation and food supervisor.  Student ridership during the week beginning Monday, Oct. 13, will determine how much transportation money the South Whidbey School District gets from the state, Schmidt said.  The count is based on a complicated formula involving miles driven “as the crow flies,” she said.

“Maybe we could make more money if we had four-wheel-drive buses to take shortcuts,” Schmidt said with a chuckle.

But the role of the students is simple, she added: Just ride the bus to school every day during that week.

“We can only count those students riding to school,” Schmidt said. “Not those riding home from school, not field trips, not sporting events.”

Based on the ridership count, the district received a little more than $535,000 from the state for the 2007-2008 school year, Schmidt said. But the cost of running the buses during that period was more than $900,000, she added.  Part of that cost was the high price of fuel.

The district has a fleet of 24 buses, Schmidt said, serving 11 full routes and four special-education routes. She said the buses get between five and six miles per gallon of diesel fuel, and last school year they burned 39,500 gallons at a cost of $131,000.  She said bus repairs ran about $200,000 last year, and most of the rest of the transportation budget was taken up by employee salaries.  Schmidt said that more students usually ride the bus home from school than to school, “and we don’t get funded for those at all.”

She also said ridership tends to increase during periods between sports seasons.

“We encourage all parents to have their kids ride the bus to school,” she said. “If we can get more kids to ride the bus, it would mean we could put more money back into the classrooms.”

She said riding a school bus is safer, reduces traffic congestion and pollution and consumes less fuel.  She said statistics show school buses are “the safest form of transportation for students, safer than getting into the car with your parents.”

“I’ve noticed that with the way the economy is and the price of fuel, the buses are a little bit fuller this year, and the parking lot at the high school is a little bit emptier,” Schmidt said.

She said the bus also provides a social setting for students, who can visit with their peers on the way to and from school.

“There are lots of good reasons to ride the bus,” she said. “And it’s free.”

Putting on her hat as food service supervisor for the district, Schmidt said that the bus schedules have been arranged so that there’s plenty of time for breakfast at school, for those who need it.  She said a listing of all the morning routes and pickup times is available online at www.sw.wednet.edu, or by calling the transportation office at 221-5209.

“We’re not allowed to bribe the kids with suckers or anything like that,” she added with a laugh. “We can only ask them to just please ride the bus.”


APZ showdown
By JESSIE STENSLAND
Whidbey News Times Assistant editor
Sep 26 2008 · UPDATED

An appeal of an Island County land-use ordinance may hinge on whether a state board feels that certain legal notices were descriptive enough.

About 40 people crowded into a small courtroom in the county Law and Justice Center Thursday to hear arguments before the Western Washington Growth Management Hearings Board.

The majority of the folks were there to support North Whidbey resident Becky Spraitzer, who appealed a county ordinance that restricts usage on land within an accident potential zone, or APZ, around the Whidbey Naval Air Station. About a thousand properties are effected...click here for full story.


McMansion splits county, committee
By JESSIE STENSLAND
Whidbey News Times Assistant editor
Sep 24 2008 · UPDATED

Island County commissioners met with a county committee last Wednesday in an effort to ease a strain that threatens to erupt into litigation.

Members of the county’s Historic Review Committee said they were pleased that the commissioners reached out to them and they praised the civil nature of the exchange. But in the end, none of the issues at the heart of the controversy were settled.  And litigation is still on the table.

“The positive tone of the meeting was successful in getting us on the same page and working towards something positive,” said James Moore, the chairman of the Historic Review Committee, which is charged with reviewing permit applications in Ebey’s Landing National Historical Reserve.

Members of the committee said they felt irrelevant because their decisions are only recommendations and may be overruled, without any chance of appeal, by the planning director. They pointed out that the town of Coupeville has a similar committee with decision-making authority, as well as a path to an appeal.  Commissioner Phil Bakke said he was hopeful that many of the issues will be resolved with “the new generation of ordinances” that will come before commissioners next year.

The controversy started this summer with the erroneously approval of a so-called McMansion in the heart of Ebey’s Landing Historical Reserve, which is supposed to be protected from intrusive, out-of-character structures. The committee members had recommended turning down the permit application, but a paperwork snafu lead to accidental approval.

Several things have aggravated the situation.

On Sept. 2, the Historic Review Committee, or HRC, unanimously voted to authorized a lawsuit against both Island County and Coupeville resident Ian Jefferds, the recipient of the accidental permit, for breaking county regulations. They claim construction of a 5,000-square-foot home in the reserve is a violation of county code.  Moore claims there’s precedence for one arm of the county to bring suit against the county, but he hopes it doesn’t come to that.

“I’m optimistic that they will revisit this with Jefferds,” he said after the meeting.

Also, Planning Director Jeff Tate overruled the HRC on two other projects that the committee recommended that the county turn down. Moore even accused Commissioner Bakke of pressuring the planning director into approving a project that was clearly nonconforming because the builder was the commissioner’s friend — a man who held a fundraiser for Bakke, Moore said.  Moore claimed the county upheld the HRC’s decision for months and months, but then Tate reversed it after a closed-door meeting with Bakke and the applicant.

“That doesn’t pass the smell test,” he said.

Both Tate and Bakke have called the accusations ridiculous, but neither was available for comment. Tate was at meetings. Bakke was on vacation.

At the meeting, Tate said that the HRC has been overruled only two times in 15 years. The committee handled more than 100 applications each year. He said he knows he’ll “need to have a conversation” with the committee if such issues come up again.  In the midst of the controversy, Paula Spina, an outspoken member of the committee, held a rally at the Crockett Farm, the historic property she purchased five years ago. The purpose of the event was to pressure officials to rescind Jefferds’ permit and create more protection for the historic Central Whidbey area.

Afterward, the county commissioners tried to replace Spina on the committee, claiming that her term was up in August. According to Spina, Bakke tried to replace her with a local builder, but Commissioner John Dean convinced him to hold off. It’s very unusual, perhaps unheard of, for a member of a volunteer committee to be replaced against his or her will and against the will of the committee itself. Members of the HRC voted unanimously to keep Spina as a member.

Last Wednesday, the commissioners said they were seeking a legal opinion on Spina’s position. Spina was appointed in the beginning of the year to replace a member whose four-year term expired last month.  Spina claims the ordinance doesn’t allow the commissioners to remove her before she serves four years. A retired attorney, Spina said she’s willing to go to court to argue her point.  Of course, the commissioners could just vote to reappoint her.  Beyond the legal points, HRC members said the commissioners’ effort to remove Spina smacks of political retribution.

“All I want to do is protect the reserve and follow the ordinances,” Spina said.



A GOOD GUY
Phil Bakke, former County Planning Director, now appointed County Commissioner, ran in 2008.  DID NOT GET ELECTED, unfortunately.  Mr.Bakke is someone who was well suited to any county-wide leadership role, and it just goes to show that if you are a planner who does his or her job properly, you make enemies.  The more enemies, sometimes, the better you are as a planner...not as a pol.

Dems again outpacing Republicans in county
By BRIAN KELLY
South Whidbey Record Editor
Sep 06 2008 · UPDATED

With the final votes in the primary now counted, there are strong hints that Democrats may be in for another big showing come November.

Island County finalized its election results on Wednesday, and more Democrats cast ballots on Aug. 19 than Republicans in what has traditionally been a right-leaning county.

With the most recent win, Democrats have now beaten Republicans in turnout in the past three major elections dating back to the 2006 general election.

Finance records also show Democrats have an advantage in fundraising — both at the central committee level and the total amount given to all candidates in Island County — and have more money left on hand to spend on the general election.

What’s more, a precinct-by-precinct review of voter registration between the 2006 and 2008 primaries show hundreds of voters have registered in precincts that lean left above those who have registered to vote in historically right-leaning precincts.

Republican Phil Bakke, an incumbent commissioner who squeezed his way onto the November ballot by just 52 votes, said he still remains hopeful that Republicans will rebound before November.

Bakke said his tight race for the District 1 position on the board of commissioners was largely due to the independent nature of Island County voters. No-party candidate Curt Gordon picked up 19 percent of the vote to Bakke’s 20 percent, while Republican Reece Rose came in fourth with 14 percent. Democrat Helen Price Johnson won the primary with more than twice the number of votes than Bakke received.

“There are certainly core voters on both sides,” Bakke said. “But Island County voters have had a history of a certain amount of independence.”

As an example, he cited Sen. Mary Margaret Haugen, the Camano Island Democrat who won the three-way primary battle for the 10th District. Haugen picked up 53 percent of the vote across the district, and won every precinct on Camano Island as well as every precinct from Penn Cove to the South End of Whidbey. Republican Linda Haddon came in second in the Senate race with 42 percent.

“I think Mary Margaret has drawn on that strength over the years; I think [Congressman] Jack Metcalf drew on that over the years, too.”

The reasons for his close finish may go beyond party, Bakke said.

“I think we’re dealing with a more informed and educated electorate than perhaps other places in the state,” he said. “Look at how active people are in our community. There’s a real engaged electorate here. It’s that very spirit that made it fun to be a planning director here.”

Bakke won three precincts outright in the District 1 race, while Price Johnson won the rest, including picking up the majority of votes in the Coupeville 1, Coupeville 2, Saratoga, Lone Lake, Maxwelton, Sandy Point, Langley 1 and Langley 2 precincts.

“I’m really pleased with the results; it was what we had hoped for,” Price Johnson said. “I think it provides some good momentum for our campaign as we go toward the general election.”

“I think generally, on the national level, Democrats are energized. At the local level it’s the independents that determine the race; voters that I’m going to be reaching out to,” she added.

Countywide turnout for the Aug. 19 primary was roughly 57.9 percent.

A review of precinct returns by The Record, however, shows Democrats had an edge throughout the county in turnout.

In Island County, 37 precincts out of 65 on Whidbey and Camano islands historically have leaned to the right. Most lie north of Penn Cove, and on the northern end of Camano Island.

In the primary, just nine of those 37 historically Republican precincts had a turnout of 57 percent or more.

For the other side, Central and South Whidbey have traditionally voted for Democrats. The Democrats can count 18 precincts that have historically leaned left.

In the primary, 17 of those 18 precincts had a turnout of 57 percent or more.

Traditionally Republican-leaning precincts in Island County are those where a majority has voted for the GOP candidate for president in 2000, 2004 and Dino Rossi for governor in 2004. Likewise there are 18 precincts that have voted for the Democratic Party presidential candidate in 2000, 2004 and Gov. Christine Gregoire in 2004.

Across all precincts, the greatest turnout was in traditionally left-leaning precincts; Greenbank, Admiralty and Coveland had a turnout rate of 70 percent or more.

And the precincts of Austin, Clinton, Deer Lake, Freeland, Lagoon Point, Sandy Point, Saratoga, Useless Bay, Possession, Coupeville 1 and 2, Langley 1 and 2 had turnout of 60 percent or more.

The highest turnout in Republican-leaning districts was in Scenic Heights, with 63 percent turnout, and Polnell, with 64.

Turnout in Oak Harbor itself lagged below the countywide average in the primary. Just two precincts, Oak Harbor 1 and Oak Harbor 8, had a turnout better than the countywide average.

A review of voter registration records show Democrats have made gains over Republicans in the numbers of voters in their home precincts.

In the 37 Republican precincts, the number of registered voters has dropped from the September 2006 primary to the September 2008 primary in 18 precincts, while the number of registered voters in other Republican-leaning precincts has risen in 19. Balancing the losses of voters versus the gain in new registrations, there are 19 new voters within the 37 Republican precincts.

For the Democrats, the amount of registered voters has risen in 15 of their 18 precincts, but has declined in four.

But overall, the number of voters within those 18 Democrat precincts has risen by 359 voters.

Marshall Goldberg, chairman of the Island County Democrats, did not want to draw conclusions about what the gains in voter registration may mean for the November election. The District 1 commissioner’s race is expected to be the focus of much attention, as Democrats are poised to take a majority of the three-member board for the first time in history.

Even so, Goldberg said he likes what he sees in the upcoming election.

“I think Democrats have more motivation to participate in the primary and the upcoming general election. There are also more independents and Republicans who are dissatisfied with the status quo and will cross over and vote for Democratic candidates this year,” Goldberg said. “Consequently, I think the numbers countywide will reflect more overall Democratic votes in November.”

One last advantage: Democrats currently lead in the money race heading into the November election. In county and District 10 races, Democrats have raised $427,319 and spent $250,037.

Republicans have raised $328,803 and have spent $183,153, according to campaign finance records on file with the state.

The Island County Republican Central Committee has raised $31,892 for the 2008 election, and spent $24,882 so far.

The Island County Democratic Central Committee has brought in more, though, and used less; it has raised $33,313, and spent $19,423.

“We just have really strong candidates. Even at the state level, we’ve got some great candidates out there. I think the money reflects that,” said Price Johnson.

Bakke said things may eventually swing the way of the GOP. Republican turnout has been low since the 2006 primary, but that will change, he said. Republicans are energized, especially after this week’s national convention and the nomination of Sarah Palin as the vice presidential choice.

Bakke said he had just attended a Republican women’s luncheon that had a huge crowd — 50 or 60 people — one of the biggest he’d seen in years.

“There was so much cheering and hooting and hollering for the national ticket. The excitement for the VP nominee was huge. Huge.

“The governor’s race is going, too. Look at how tight the numbers are between Rossi and Gregoire.

“I think the country is going to have record turnout and I think both parties will have a record turnout,” Bakke said.

“I think this is going to be quite a year. I’m jazzed,” he said.



ISLAND COUNTY FAIR UPDATE: Emily Bain wins pie contest

Aug 17 2008 · UPDATED

LANGLEY — With a mouthwatering creation called the "Mile High Peach Pie," Emily Bain of Oak Harbor won this year's 4-H pie contest at the Island County Fair.

Emily, 14, of Oak Harbor, was named grand champion for her refrigerator pie. Her pie was best in a field that included two kinds of avocado pies and a humble pie. The judges said the fresh and tasty pieces of peach in Emily's pie made her dessert the winner.

"I was like, wow! I didn't expect it," Emily said.

She said the recipe was a variation on a strawberry pie her grandmother had tried at a cooking event. Emily substituted peaches for the strawberries.


Illegal 'hulk haulers' emerge in Island County as price of metals rises
Whidbey News-Times (State of Washington)
Published: July 30, 2008 10:00 AM
Updated: July 30, 2008 10:38 AM

When journeying down Island County back roads a year ago, one might have discovered a handful of abandoned cars by the side of the road or parked on private lots. Not any more.

That old junker you thought was worth almost nothing is on average now worth about $300 to Puget Sound scrap processors.

Lois Young, who is in charge of marketing and recycling services at Skagit River Steel and Recycling in Burlington, said that the shortage of metals can be attributed to global supply and demand. The relatively nascent Chinese industrial revolution and growth in South America’s latest steel-seeker, Brazil, has resulted in a significant per-ton increase.

According to Young, iron is now fetching about $300 to $500 per ton on the market.

“It has gone up a couple hundred dollars over the last year per ton,” said Young.

This staggering increase is translating into a thriving market for legitimate, but more prevalently, illegitimate hulk haulers and unscrupulous scrap processors who have made some Puget Sound counties home to illegal trafficking.

According to state law, a hulk hauler is “any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor.”

Unfortunately, properly licensed hulk haulers seem to be in the minority.

“It’s unreal,” said Dave Campbell, co-owner of Island Recycling in Freeland, when referring to the recent spike in illegal trafficking. “People are crawling out of the woodwork. A lot of illegal car haulers are hauling without paperwork.”

If you are having your car hauled, Campbell said, “be sure your hulk hauler is licensed.”

Washington State Patrol Trooper T.J. Giddings said a violator is issued a gross misdemeanor infraction, which on average ends up costing the violator about $200. He can also be prosecuted.

“Unlicensed wrecking yards are tied in with illegal hulk haulers,” said Giddings, who is solely responsible for policing 8,500 square miles of hauling and wrecking activity in Island, Whatcom, Skagit and Snohomish counties.

Giddings said locally there is only a handful of licensed hulk haulers and wrecking yards on record, including A-1 Towing, Christian’s Towing, and Island Recycling in Freeland. All three take vehicles from authorized hulk haulers, but they don’t buy them.

“We have a real strict policy” on accepting cars from hulk haulers, said Tom Hopper, lead tow operator at A-1 Towing. “We require a clear title or an affidavit authorized by the DMV (Department of Motor Vehicles). If they don’t have any of that, forget it.”

“We don’t purchase vehicles as a rule,” added Hopper. “However, we’ve had an increase in picking up vehicles for free. We used to charge for that.”

Jessica Clark, shop attendant at Christian’s Towing, said about three to four people a day call up asking if Christian’s buys vehicles. Clark said Christian’s does not buy vehicles because of the paperwork required.

“It really gets sticky” when a wrecking yard starts buying vehicles, Clark said.

Although she did not recollect having had any personal dealings with illegitimate hulk haulers, Clark’s heard that “there have been a lot of people bringing in vehicles chopped up. Now, people think we owe them money.”

Campbell said that it’s standard practice for his company to “get the name, license number and hold it for ten days before we issue the check” to sellers.

As a comparison, Budget Auto Wrecking in Kent, a legitimate wrecking yard and hulk hauler that is the largest processor of vehicles in the state, currently pays hulk haulers $180 a ton for cars with the proper paperwork. When Budget is the hulk hauler, the price varies depending on the distance.

Giddings, who is stationed off I-5 in Bow, knows, however, that illegitimate hulk haulers sniff out the unlawful wrecking yards, so they flock there to cash in their goods. Any illegitimate hulk haulers in Island County who want the money usually end up going off-island to get it.

“There are about 10 to 15 (illegal hulk haulers) that may be running in each county,” said Giddings of his area of responsibility. “A good majority are not properly insured. A lot of them have safety violations.”

Dan Raichart, manager of Budget Auto Wrecking, said Illegal hulk hauling “was a bad thing for a while. It’s trickled down now.”

However, two recent examples testify to how widespread illegal hulk hauling has become.

“We held an emphasis on hulk haulers and scrap haulers on April 10 in Sultan,” wrote Giddings in a recent email. “The emphasis lasted approximately four hours and we stopped five vehicles hauling scrap cars and parts. Of those five vehicles, four of them had violations. There were approximately $1,800 in fines issued between three vehicles with one driver booked and his vehicle impounded.”

The multiple violations ranged from load securement violations, no proof of insurance, expired license plates, and one driver had a $10,000 felony warrant and a suspended license.

In another recent email, WSP Trooper Doug Sackman contacted Giddings about what he saw as “a high increase of vehicles hauling scrap metal and hulk vehicles.”

In a two-day operation, Sackman made five stops in and around Snohomish County.

“The main violations that almost all of these vehicles have in common are load securement, debris, brake and lighting violations,” wrote Sackman, “which from a safety stand point is the reason that we are doing this. The frosting on the cake, if you will, is that we are finding hulk violations and obviously stolen vehicles in this attempt to make SR-2 safer for the motoring public.”

Giddings explained that despite the proliferation of illegal hulk hauling and scrap processing, policing has proven difficult because of the sheer square mileage he has to cover and because criminals falsify documents that prove difficult to check.

“It’s very time-consuming because I have to keep track of 40 wrecking yards and four scrap yards for four counties,” said Giddings.

Wrecking yards can be subjected to hefty fines if they are caught dealing illegally. Giddings has issued these citations “three or four times in the four counties” ranging from $17,000 to $50,000.

According to Giddings, one Bothell wrecking yard has seen illegal hulk activity, but when contacted, the business refrained from commenting on the matter.

In terms of hulk-hauler citations, Giddings has “turned in 15 different civil infractions in the last four to six months.”

What’s most troubling to Giddings is that illegal hulk hauling is tied in with other illegal activities.

“Illegal hulk haulers are involved in other activities,” said Giddings. “About 50 to 75 percent are wanted for other things, including drug violations.”



Proposal for new bridge to Whidbey resurfaces
JESSIE STENSLAND, Assistant editor
jstensland@whidbeynewstimes.com
Published: July 05, 2008 12:00 AM

Seventy-three years ago this month, the Deception Pass bridge was formally opened in a dedication ceremony.  Since then, tens of millions of vehicles have passed over the historic structure. But the vital link between Whidbey and Fidalgo islands won’t last forever.

A Fidalgo Island man is on a crusade to push leaders to start planning now for the inevitable need for a new bridge. Dave Crawford has researched the issue thoroughly and he’s come to the conclusion that the best solution is a seven-mile, toll bridge from Strawberry Point on North Whidbey to the mainland just north of Stanwood.

“Something is going to have to get done eventually or we’re going to end up with a Steel Electric-type catastrophe again,” he said, referring to the old ferries that were suddenly taken out of service on the Keystone-to-Port Townsend run.

On Wednesday, July 9, the South Fidalgo Community Council is holding a town hall meeting to discuss the prospects of a new bridge. State Sen. Mary Margaret Haugen and an administrator from the Department of Transportation will be there to answer questions. The meeting will be at 7 p.m. at the Mount Erie Dewey Beach Fire Hall on Deception Road.

“The residents are concerned about the increase in traffic volumes that are funneled through Fidalgo,” said Jan Hersey, a member of the council.

As Crawford points out, a new route off North Whidbey may be needed sooner than most people want to think about.  A 2001 study by the state Department of Transportation says that peak traffic volumes in a 20-year horizon would overload the existing bridge.  Haugen, the chair of Senate Transportation Committee, said the conventional lifespan of a bridge is 80 years, though engineers can extend that somewhat. The senator agrees that plans have to be made.

“This comes up every few years,” she said. “We need to talk about it. The bridge will need to be replaced.”

But Haugen explained that there are major obstacles. Most of all, the state doesn’t have any money to spare in the transportation budget. Other areas of the state, where there’s more serious congestion problems, have higher-priority projects.  Also, Haugen said there’s not enough traffic to support a toll bridge. And politics plays a role. The senator said as many Whidbey residents oppose a new bridge as favor one.  Haugen speculates that a new bridge won’t be built in her lifetime.

“It’s something we should talk about for the future, but it’s certainly not something we can do in the near future,” she said.

Haugen said nobody is talking about getting rid of the historic Deception Pass bridge.

The 2001 study by the Department of Transportation analyzed the feasibility of three bridge locations and a ferry for vehicular access to North Whidbey. One of the alternatives is the bridge concept that Crawford has been pushing. At the time, it was estimated to cost $260 million.  The study, however, concluded that none of the ideas were feasible because of environmental concerns, as well as the sheer cost. The study states that the project Crawford is promoting would face serious obstacles for permitting because of shoreline protection requirements, as well as the effect it would have on commercial and tribal crab and fish harvesting areas.

Yet Crawford is using environmental concerns as an argument for the new bridge. Using statistics from the state, he estimates that more than 5 million cars pass over the bridge each year. The bridge would save drivers about 30 miles from Interstate 5 to Whidbey. That would translate to millions of gallons of fuel being saved each year.

Crawford points to a new state law that requires the state to plan for ways of cutting greenhouse emissions.

“A new bridge is one way to reduce our carbon footprint,” he said.

Crawford emphasized that it takes years, even decades, to permit, design and build a project of this scale. He insists that planning needs to begin now.

“If something happens to Deception Pass bridge,” he said, “North Whidbey will be in a world of pain.”



Whidbey community rallies to save neglected horse
Whidbey News-Times
Published: June 19, 2008 4:00 PM
Updated: June 20, 2008 10:41 AM

A North Whidbey horse owner could be facing animal cruelty charges after a resident reported that a 5-year-old Paint, call name Maverick, was too thin with ribs showing.

Island County Animal Control, with the assistance of the Sheriff's Deputy John Faught, was able to seize a malnourished horse without incident after securing a search warrant with the assistance of County Deputy Prosecutor Kailyn James.

Animal Control officers Carol Barnes and Peg Diefert investigated the call and, based on their investigation, observed the horse, Maverick, and opined the equine was clearly undernourished and neglected.

If his behavior didn’t betray his medical needs, Barnes said, the protruding ribs spoke volumes the horse was promptly taken into protective custody.

A group of dedicated horse volunteers quickly responded and assisted in transporting Maverick to a humane, local horse rescue facility where he is currently rehabilitating with proper nutrition and medical care.

Robert Moody, an Oak Harbor equine and large animal veterinarian, provided an emergency medical exam on Maverick and will perform additional follow-up treatment.

"There are still medical and nutrition concerns to address while Maverick continues the rehabilitation process," Barnes said.

Skagit Farmers Supply immediately offered support by donating much-needed orchard grass hay and several bags of grain.

"I want to personally thank them for their help and I know Maverick will enjoy their donation as well," Barnes added.

The investigation is ongoing and the horse's owner is facing pending charges for animal cruelty in the second degree, which could result in a maximum fine of $1,000 or 90 days in jail, or both.

Maverick will remain in protective custody for the duration of his rehabilitation. The healing process is expensive and animal control is in desperate need of financial assistance to continue care until the trial has concluded.

Donations to help ease the financial burden for veterinary costs and nutritional needs can be made at any Whidbey Island Bank branch in care of “The Horse Rescue Trust Fund” or items can be donated at the Oak Harbor or Freeland Skagit Farmers Supply stores.



Clerical error to blame for Whidbey 'McMansion'
JESSIE STENSLAND, Assistant editor
jstensland@whidbeynewstimes.com
Published: June 07, 2008 9:00 AM
Updated: June 09, 2008 9:14 AM


A paperwork snafu led to a building permit being issued prematurely for a giant home in Ebey’s Landing Historical Reserve.  The mishap has caused consternation in Coupeville, where preservation of the rural working heritage of the land is taken very seriously.  The Trust Board of the Reserve, which includes many prominent Central Whidbey folk, issued a statement this week expressing disappointment with the plans for the house, which the members feel will “undermine the integrity of this important pioneer homestead.”

“The project as it stands is not in keeping with the spirit of the Island County standards that were established to preserve Island County’s regional history, architecture, scenic vistas and cultural heritage,” the letter states.

Coupeville resident Ian Jefferds, the recipient of the accidental permit, also applied for a demolition permit to raze a nearby structure that’s on the National Historical Register, though his hope and expectation is that someone will remove it from the property and preserve it instead.  Planner Director Jeff Tate explained that the Historic Review Committee has the responsibility of reviewing permits, with an eye to historic compatibility, and making a recommendation to planners.

In this case, Jefferds applied for a clearing and grading permit as well as a building permit for property on Wanamaker Road, overlooking Crockett Lake. He plans on building a home that will be 5,000 square feet, including the attached garage.  The committee, Tate said, approved the clearing and grading permit, but accidentally signed the paperwork for the building permit. Planning staff didn’t have any of their own concerns with Jefferds’ application, so the permit was issued.

James Moore, the chairman of the Historic Review Committee, said the members actually unanimously recommended denial of the building permit application. He said the county ordinance clearly doesn’t allow such a home to be built in the sensitive historic area.

“The purpose of the ordinance is to prevent the construction of McMansions that would be intrusive in scale,” he said.

Moore explained that the “decision sheet” that was erroneously signed simply had the wrong three-digit code on it. The other sheet, with the real decision, included a written explanation.  Nevertheless, Tate said the building permit cannot be revoked because the mistake wasn’t caught in time. The county has 21 days to take back a permit. The state Supreme Court even ruled in a similar case.

Jefferds said he simply applied for a building permit and received it without knowing anything about a paperwork mistake. In fact, he said what exactly happened is “a matter of interpretation.”

Jefferds met with the Historic Review Board last Thursday. Tate said Jefferds didn’t agree to make any additional changes to his design. He already had agreed to do certain things to “soften the impact” of the home, including landscaping to make it appear to be more than one building.

“He’s been civil and willing to talk, but not willing to be compliant,” Moore said.

How much of a difference the paperwork error really makes, however, is a matter of debate.  Moore said it’s obvious that a structure that large shouldn’t be allowed. The average size of homes in the Crockett Lake area, he said, is 1,600 square feet and 45 to 65 feet long. The Jefferds’ design is for a one-story, 122-foot long home with about 5,000 square feet of floor space, if the attached garage is included.

Tate, on the other hand, said his staff didn’t see any problems with the application, which was why it was approved without question. He said the profile of the home is low enough that it wouldn’t be visible from most roads in the area.  If the paperwork error didn’t happen, he said staff would probably have tried to work with the committee and Jefferds to figure out a compromise, though he said it likely wouldn’t have been as drastic as cutting the size of the home in half. Tate would ultimately have the final say.

The ordinance in question states: “The building massing and scale should be consistent with adjacent conforming structures and land forms. Buildings or structures that are not of usual form or shape historically found in the Reserve are not permitted in contributing areas.”

Jefferds is currently living in the historic Sam Crockett house next to the site where his new home will be built. He said he plans to give the building to someone willing to move it and preserve it.

“A couple of people already expressed interest,” he said. “Even if I get the demolition permit from the county, we still intend to try to find someone.”

Tate said the old home has had multiple additions over the years, but the original part is solid and of historical value. He said the county will likely issue the demolition permit.

The home was built on Sam Crockett’s donation land claim. In 1876, Crockett sold the land claim to Thomas Calhoun. Calhoun built the home in 1890, but part of it burned in 1897. He sold the house to Herman and Margaret Wanamaker, who lived in it from 1920 until 1981, according to Ebey’s Landing National Historical Reserve.


Major delay for Clinton-Mukilteo ferry travelers
South Whidbey RECORD
By Brian Kelly 
May 26, 2008

The exodus of holiday visitors to Whidbey Island has begun.  Drivers heading to the mainland face a three-boat wait this afternoon.

At noon on Monday, the lot at the Jack Metcalf Ferry Terminal in Clinton was full and the line of vehicles waiting for a ferry to the mainland stretched up Highway 525 as far as Cedar Vista Drive.  There were 182 vehicles parked past the "One Hour Wait" sign, and the ferry waiting lane was nearly full. The line had nearly doubled in size from 11 a.m. to noon on Memorial Day.

The Clinton-Mukilteo route is operating on a holiday sailing schedule today.


Airport destined for sale by auction
Whidbey News-Times
By Jessie Stensland 
May 14, 2008

The future of the Oak Harbor Airport is still up in the air as two dueling auctions are scheduled for the property.

It’s been seven years since the Gig Harbor-based Harbor Air abruptly ceased operations at the airport after falling into financial trouble. The company, owned by Rick Boehlke, controlled the property and flew commercial flights from the airport on Monroe Landing Road.

The airport was scheduled for auction in 2001 after Harbor Air stopped paying the mortgage, but a limited liability corporation called Air International swooped in to purchased the debt. The LLC is owned, at least in part, by Joel Eisenberg, the CEO of Seattle’s International Telecom, Ltd. and a pioneer of phone sex in the 1980s, according to Wired magazine.

That was followed by years of legal wrangling over the airport involving a multitude of parties.

“There were a lot of questionable loans,” said Brooke Barnes of Lonesome Polecat LLC.

Eisenberg started the proliferation of litigation by filing a lawsuit against Barnes. Barnes countered by filing a complaint for damages, injunction and appointment of receiver in Island County Superior Court against Air International and Eisenberg. After all these years, Barnes said the legal issues still haven’t been sorted out, to his dismay.

“This has taken longer than World War II,” he said. “This thing has taken so many twists and turns.”

Barnes said he owns the first position debt of the property, as well as the sixth. Last month, he filed a notice of a trustee sale to recoup his money. He wants to collect a total of $793,345, which includes the $95,562 principal, $63,224 in interest, $368,143 in late fees, $198,000 in previous foreclosure fees, $64,500 in attorney fees and other expenses.

Unless the debt is paid, the 43-acre property will be sold at public auction July 18.

But first, a sheriff’s auction is scheduled for the property at 10 a.m., June 13, at the entry of the Island County Law and Justice Center in Coupeville. The Superior Court directed the sale to satisfy a judgement in the case of Air International vs. Oak Harbor Airlines, according to a legal notice in today’s Whidbey News-Times.

The debtors in the case can avoid the sale by paying the judgement of $902,000, plus interest and fees, to Air International. Barnes said this is the second position debt.

The county set the market value of the property at around $640,000.

All the litigation hasn’t prevented air service out of Oak Harbor Airport, which is also known as the Wes Lupien Airport. Seattle-based Kenmore Air runs regular flights from Oak Harbor to Boeing Field, with a quick van ride to Seatac Airport.



Latest on the Keystone Port Townsend ferry...


Obama-Clinton passions continue to run high at Democratic Convention
South Whidbey RECORD
By Michaela Marx Wheatley
Apr 23 2008

LANGLEY — Island County Democrats resolved this weekend that President Bush should be impeached, marijuana should be legalized and the Patriot Act should be repealed.

But the most heated discussion still centered around who would be the better president: Hillary Clinton or Barack Obama.

Island County Democrats came together Saturday to elect delegates to move on to the 2nd Congressional Caucus, to be held in Mount Vernon on May 17.

The gym at the Langley Middle School was split into two sides. On the Obama-side of the room, an overwhelming majority of convention-goers boasted in their candidate's success. Barack Obama is still Island County's top pick, and has remained in front of the former first lady through both the caucuses and presidential primary in February.

On the left, the Clinton supporters made up in spirit what they lacked in delegate counts. People sported lots of stickers, buttons and waved red, white-and-blue Hillary signs.

"Like most convention-goers, I'm uplifted by the surge of enthusiasm for both candidates," said Eve Parrish, a Clinton supporter.

She had stood among other Hillary supporters outside in the rain, waving signs and greeting delegates coming in.

"I am a strong supporter of Hillary Clinton. I feel that she is the only candidate with the strength and ability to end the mistaken Iraq war and work collaboratively with Congress to bring about needed changes to restore our country’s health and respect," she said.

But only the minority of Island County voters felt the same.

In the county caucuses in February, Obama won by a landslide of 68 percent over Clinton with 31 percent.  This weekend his dominance increased even more.  By 11 a.m. Saturday, 350 delegates and 129 alternates had shown up, 32 of whom were eventually seated to replace absent delegates.

The results weren’t surprising.

In the first vote, 107 delegates voted for Clinton and 275 for Obama, while one man remained uncommitted. The vote went 72 percent to 28 percent in Obama's favor.  In the second round of voting, Clinton lost more votes. She received 103 votes, or 27 percent, while Obama got 279 votes, or 73 percent. Obama supporters were proud.

“We gained 5 percent, which a representative from the state organization for Obama wants you to know is pretty hard to do, since our percentage in February was already high,” said Diane Jhueck, an Obama supporter.

"On a personal level, I find myself profoundly moved by the cooperative spirit and new depth of activism that pervades his campaign at all levels," Jhueck said about her candidate. "I think he is already leading us to a new understanding of what it means to be an individual in the community."

"On a practical level, Obama gained one more delegate at the convention on the 19th, from what he had at the February caucus," Jhueck added.

The dwindling support for Clinton was hard to take for her supporters.  And something else soured their day. Clinton lost 22 votes through absent delegates while Obama lost only 13, said Paulette Becker, the credentialing table chairwoman.

That passions would run high was clear even before the convention started. Clinton supporters had pressed Becker to allow observers on the tables where delegates checked in before the vote, because they felt the tables were overwhelmingly stacked with Obama supporters.

Clinton supporter Billie Dravef said before the convention that Clinton supporters wanted the tables staffed in an even split between Clinton and Obama supporters. But Becker, an Obama supporter, refused to balance the tables even though trained Clinton people were available to provide a balanced representation.

Becker said she didn’t want to disappoint her volunteers that had prepared for the event, and that she always remained neutral in her position and even told volunteers not to wear attire that would promote one candidate over the other.

“It’s an ethical and integrity question for me,” Becker said.

She said Clinton supporters had been very aggressive in the weeks leading up to the convention, demanding to be seated at the credentialing tables.

“A couple of people started bad-mouthing Obama supporters,” Becker recalled. “It was very upsetting. They said Obama supporters were cheating.”

As things heated up, Becker refused to allow additional Clinton supporters to observe the credentialing process. Organizers even threatened to shut down the entire process and, therefore, the entire voting process if non-volunteers tried to observe or interfere with the credentialing process.

The criticism was an echo to complaints after the February caucus at South Whidbey High School, where Clinton supporters claimed they were treated unfairly and Obama supporters were not properly vetted before they were allowed to caucus.

The fuss over fairness continued in the lead-up to Saturday.

“The credentials people are in charge of registering qualified delegates and alternates, and also to provide the tallying of preference votes,” Parrish said. “This is clearly a job susceptible to unfair manipulation of data and one that deserves a fair and open process of observation and participation.”

A visibly frustrated Becker said the incident mirrors national events on the campaign trail.

“It shows a lot of what Clinton does right now,” she said.

Once the convention rolled around, though, the camps had settled down and everything went smoothly. Those who had earlier expressed concerns seemed satisfied at the process.

“I did look in the door a few times and it seemed that the process was orderly,” Parrish said.

“We have to rely on the integrity of the people who were involved with credentialing – it’s just too bad there couldn’t have been supporter parity in that group,” she said.

“All in all, I think Island County Democrats can be proud of how well our convention was conducted. People I know went away feeling good about being able to meet one another and share enthusiasm,” Parrish added.
At the end of the day, 18 delegates and nine alternates will represent Obama and seven delegates and four alternates will represent Clinton at the 2nd Congressional Caucus.  There, 51 congressional district Level delegates and nine alternates will be elected. District Level delegates constitute a special group called the Elections Committee.  At-large delegates and alternates will be elected by sub-caucuses of the Elections Committee. The at-large delegates and alternates can come from any region of the state.

The state convention will be held in Spokane on June 14.

While Clinton and Obama took center stage at Saturday’s event, the local Democratic candidates for the fall election introduced themselves to the crowd.  Helen Price Johnson wants to be the South End County Commissioner.

“There is a saying — if you want something done get a busy woman to do it,” Price Johnson said.

“I come from a long line of busy women,” she added.  The position is held by Republican Phil Bakke now.

Commissioner candidate Angie Homola wants to replace north end Commissioner Mac McDowell and she put on the fighting gloves. She accused McDowell of irresponsible decisions especially in planning and environmental protection.

After their speeches, Price Johnson and Homola got standing ovations by the crowd.

“These two women that we have are absolutely dynamite,” party chairman Marshall Goldberg said.  There has never been a female commissioner in Island County, and the Island County Democrats have two qualified woman for the job, he added.

“It was exciting that the people’s enthusiasm from the February caucuses carried over,” Goldberg said.

The Democrats also adopted the state party platform.

During the all-day event that began at 9 a.m. and was still going strong at 5 p.m., Island County Democrats also voted on 19 resolutions ranging from impeaching President Bush and Vice President Cheney and legalizing marijuana — both of which passed, to making benefits only available for U.S. citizens as well as hiring only nationals — which both failed.



Search-and-rescue dog teams find missing California woman
By SPENCER WEBSTER South Whidbey Record
Apr 12 2008

A visitor from California spent a night lost in the woods near Clinton and was found by search and rescue dogs the next day.

The woman was found safe early on the morning of April 4 after being lost for more than a day near the Whidbey Institute off Old Pietila Road, the Island County Sheriff’s Office said.  Police did not identify the woman, but said she was taken to the hospital for treatment of exposure after her ordeal.  Rescue workers said she was fortunate she was found so soon.

The woman was lucky to survive for a number of reasons, said Don Mason, search coordinator for Whidbey Search Dogs. First, she got lost on a night when the clouds covered the sky.

“Luckily it was cloudy instead of clear, which resulted in almost 10 degrees higher temperatures Thursday night as opposed to the 34 degrees the night before,” Mason said. “That probably bought her enough time for us to get to her before she was a victim of the weather.”

The search began after the woman’s husband called from California. He said she was staying at the Whidbey Institute doing research for a book, said Island County Sheriff Mark Brown.

“She was elderly and wandered off and was presumed missing after 24 hours,” Brown said, adding that search-and-rescue dogs were called in at 3 a.m. Friday.

The dogs and their owners from Whidbey Search Dogs reported to the Whidbey Institute offices and planned out their search pattern with Island County officials and other personnel.  Five search-and-rescue teams showed up to help with the effort, most of them from the South End, said David Hollett, Island County’s deputy director for Department of Emergency Management. It was around 10 to 15 minutes into the search when Hollett received a welcome radio message.

“We got a call saying ‘We got her.’ We were thrilled,” Hollett said.

Susan Marchese and her dog Ola had found the woman about a quarter of a mile away from the institute in a heavily-wooded area. But the rescue wasn’t over just yet.

“She was having a hard time walking back because hypothermia had set in,” Hollett said. “We asked for an ambulance because her temperature was continuing to drop.”

Brown praised the work of the search crew in quickly finding the woman. “I am really pleased this resulted in a find.”


Port details increasing money woes
Whidbey News-Times
By Nathan Whalen
Apr 12 2008

For the past 11 years, the Port of Coupeville’s budget reserves have faded away like the Cheshire cat, but in this case nobody is smiling.

Port Executive Director Jim Patton highlighted the dire financial situation Wednesday to explain why taxpayers will likely be asked to approve a levy lift this fall. The port’s money problems were caused by the purchase of the Greenbank Farm and the numerous projects undertaken to maintain antiquated facilities and buildings there.

The port’s reserves were at $406,000 in 1997 when it took on a $1.3 million bond to pay its share for the Greenbank Farm. The port has had to pay $100,100 each year for 20 years. Since the port didn’t go to the voters to approve a tax increase, it had to use money collected from its regular levy.  In addition to the Greenbank Farm debt, which is scheduled to be paid off in 2017, the port has had to pay for several maintenance projects at both the Coupeville Wharf and the Greenbank Farm.

Projects at the wharf included a new sanitary discharge line, dry fire suppression system and interior upgrades.  Port officials were temporarily able to restore reserves, which reached an all-time high of $469,000 in 2000. However, that was accomplished by holding off further maintenance projects, which the port eventually had to complete.

“What we’re facing now is a backlog of deferred maintenance,” Patton said during the Wednesday morning meeting.

Since the high mark of 2000, the port has had to dip into reserves to pay for remodeling Barn B and to construct a new potable water system at the Greenbank Farm. That, coupled with increased insurance costs, reduced reserves in 2005 to $87,977.  Patton cited several other maintenance projects the port needs to undertake, including reinforcing the steel plates that secure the concrete fueling piers to the wharf and painting the wharf building and port office building.  In addition to continued maintenance of port facilities, officials also want to have enough money to implement projects identified in the Greenbank Farm master site plan and make improvements to the wharf should passenger ferry service ever become a reality.

The port is considering asking a 6 cent per $1,000 assessed property value tax increase. That would bring the port property tax up to 21 cents per $1,000.

The tax increase would bring in an estimated $150,000 a year. That would pay for the bond for the Greenbank Farm and the fee paid to the Greenbank Farm Management Group.  The port is planning to run the levy during the November general election.  In the meantime, Patton is busy preparing information and scheduling meetings with community groups to inform residents about the need for a tax increase.

“The goal is to talk to every property owner in the district that will be effected by the levy lift,” Patton said.


Freeland man files challenge to Freeland’s growth plan
By SPENCER WEBSTER South Whidbey Record
Apr 05 2008

FREELAND — A Freeland man has filed an appeal of the Freeland Sub Area Plan with the county to protect Freeland Hill from development at higher zoning densities.

Mitch Streicher lives directly below the wooded hilly parcels of land and doesn’t want to see 60 homes shoehorned onto the property that he can see from his home.

“If I can save Freeland Hill, I have accomplished something that’s worthwhile,” he added. “I’m 80 years old. By the time Freeland Hill would be ruined — if that is how it goes — I won’t even be here.”

The appeal will go for review before the Western Washington Growth Management Hearings Board, an appointed body that settles land-use disputes stemming from the state’s Growth Management Act.

Streicher is challenging the adoption of both the Freeland Sub Area Plan and the non-municipal urban growth area. He also said the planning commission’s findings that led to the approval of the plan are faulty, and there are also problems with a buildable lands analysis that was done in connection with the long-range growth plan for Freeland.

Streicher’s listed 14 challenges in his petition for appeal, and said the flaws he sees within the plan should invalidate it.

His energy, however, is really devoted to keeping Freeland Hill in a rural zoning by having it removed from the map that sets out the boundaries for the Freeland non-municipal growth area, or NMUGA.

Streicher said the growth area is too big for the population that’s expected to live in Freeland in the future, and instead, will lead to urban sprawl.

There is too much land for the 4,000 people that have been projected to live in Freeland within

20 years, Streicher said.

“The big thing from my point of view is size of land. There are very strict guidelines as to the relationship between the amount of land in the NMUGA and the number of people,” he said. “The way the county has it, there is too much land for the number of people.”

Land that should be removed from the growth area includes parcels containing Freeland Hill and rural lands that boarder East Harbor Road, Streicher said.

“The idea of the NMUGA is to make what is ‘urban’ urban and keep what is ‘rural’ rural,” he said.

Streicher said he thinks there is too much land within the growth area because he has crunched the numbers and it appears the number of homes that will be spread out over Freeland’s urban landscape will fall short of state growth goals. Generally, state growth experts say urban areas have an average of four homes per acre.

Freeland’s growth area falls short, he said.

“You take the number of houses and divide it by the number of acres left over after removing land for critical areas, golf courses, etc and you’re left with 2.56 houses per acre on the average,” Streicher said. “You’re supposed to have four [homes per acre]. That means you have too much land, doesn’t it?”

The amount of land on Freeland Hill and bordering East Harbor Road removed by Streicher’s petition would be countered by the proposed addition of land across Highway 525 along Fish Road

and other properties across Highway 525 further south, he said.

Streicher said the land that would be added to Freeland’s growth area is more urban in nature than the properties he would like to see taken out.

He has other reasons for wanting to see Freeland Hill kept out of the plan.

“From an aesthetic point of view, we want to see the trees on Freeland Hill. From a more practical point of view, Freeland Hill has steep slopes,” he added. “It’s in a high-charged aquifer area. If you take trees off there and put concrete up there, you’ll screw it up.”

Streicher said the whole plan is flawed and should be invalidated, and pointed to data more than 10 years old that was used in the growth-guiding document.

He also wants to see funding in place for the sewer system that is needed before Freeland can become developed at urban densities, rather than just a plan that talks about future funding.

“They haven’t been able to come up with anything that the people would buy. They’ve had from 2005 to 2008 and nothing has happened. Why? They don’t have the money,” he said.

“If the Growth Management Hearings Board agrees with me, then the whole plan is out,” he said. “They have to have a sewer plan and funding.”

Jeff Tate, the planning department’s director, said he was not surprised that the plan was appealed. Work will continue on follow-up actions

“We deal with a large segment of the population. That there would be one party who is unsatisfied is normal. We seek ways to find the middle ground,” Tate said. “But the plan is in effect. It doesn’t go away with this appeal or stall the process. It’s active now.”

“In terms of how it affects us, it slows us down a bit,” he added. “Our next step is to work on the development regulations. It wouldn’t be too wise to move too fast when there is pending litigation. It has the effect of having us move a little more slowly and cautiously.”

It’s not known how a lengthy appeals process on the plan may impact the work being done to incorporate Freeland. Freeland must stay classified as an NMUGA for a vote on cityhood to take place.

“I don’t know enough about the implications of the appeal and what it’s going to do to the Freeland plan and how we’re going to proceed,” said Meg Wingard, the new chairwoman of the Freeland City Committee.

“He (Streicher) had made it clear that he was working on this. My hunch is that we’re simply going to let it go forward. We certainly can’t stop it,” Wingard said.


County says Goosefoot project at odds with rules
South Whidbey RECORD
By Brian Kelly
Mar 29 2008

COUPEVILLE — Island County said this week that a plan to build an affordable housing project near Bayview Corner can’t be allowed under existing county regulations.


Officials from the Goosefoot Community Fund, a nonprofit organization that partly owns and manages Bayview Corner, had asked the county planning department late last year for a review of county rules to determine if a multi-family housing project could be built on rural-zoned land.

Goosefoot wanted to build 26 rental homes on 6.05 acres — almost two dozen more homes than the existing rural zoning would allow — near Meinhold Road. The organization asked the county if the affordable housing project would meet the definition of an “essential public facility,” a type of project that can be built on rural land as a conditionally permitted use.

Earlier this week, however, the county said an affordable housing project would not meet the definition of an “essential public facility.” County rules contain a list of such facilities, which include airports, schools, group homes, military bases, landfills and sewage-treatment plants — but not affordable housing projects.

“Goosefoot is very disappointed,” said Chris Hurley, chief executive officer for Goosefoot.

“We asked a policy question. We think that in the larger picture ... the lack of affordable housing is a big issue on this island and in this county,” she added.

Goosefoot is evaluating its next steps.

“We’re in that phase, following a ‘No’ from the county...to try to figure out how to advance the issue,” Hurley said. “That isn’t the only way that we can work on the issue.”

“Essential public facilities” are developments that serve a public use but are typically hard to find a place to put because of neighborhood opposition. The list also includes mental health facilities, substance-abuse treatment centers and prisons.

They are also problematic to site because such facilities need large tracts of land to build, and often create impacts ranging from traffic to noise, light and aesthetic issues.

Most of those who commented on the rule review said they were opposed to Goosefoot’s plan to build affordable housing near Bayview Corner.

Bayview property owners lobbied the county to reject any interpretation that would allow Goosefoot to develop the land at greater-than-rural densities. Some said it would create a precedent for development on other rural land, and Goosefoot neighbors also said they were worried about traffic and a drop in property values if the affordable housing project moved forward.

The zoning interpretation decision was made by Island County Planning Director Jeff Tate on March 24.

In its review, the county said affordable housing did not meet the definition of an “essential public facility.” But Tate also noted that the Island County Council of Governments has been working on an affordable housing strategy, and beyond that, the planning department is considering an amendment to its growth plan that covers affordable housing.

“In the rendering of a zoning code interpretation, it is important to not issue interpretations which are likely to be addressed through the legislative process in the near future,” Tate wrote.

Goosefoot has until April 7 to appeal the decision.

Island leaders plead with senator for housing help
Whidbey News-Times
By Paul Boring
Mar 29 2008

Between an impending credit crunch and a lack of affordable housing, homeowners and renters alike are facing uncertain futures.

U.S. Senator Patty Murray sat down with a panel of Island County leaders Wednesday to discuss pressing issues. The longtime county advocate, who owns a home on Whidbey, found herself fielding questions that primarily surrounded the housing issue. Transportation was a close second.

Murray, a Democrat who in 1992 became the first woman to represent the state in the U.S. Senate, just returned home from a road trip around the state, during which time she spoke with Washington homeowners.

Langley Mayor Paul Samuelson said the lack of affordable housing has caused a shift in demographics. With home prices continuing to skyrocket, an older population is replacing younger families.

As chair of the federal Transportation Appropriations Committee, the senator also deals with housing. The country is now racing to catch up and, in the face of declining federal funds, generate elusive answers to the housing quandary.

“It’s a challenge everywhere and we don’t have a lot of good answers for it,” she said.

The Federal Housing Administration Bill, which awaits Senate action, would allow the FHA to offer zero-down-payment loans, increase mortgage amounts substantially in high-cost markets, and provide low interest rates and consumer protections that are rarely available from “subprime” mortgage lenders that specialize in loans to those with imperfect credit.

Murray said she is anxious to get the bill out of the House and to the president.

Steve Gulliford, executive director for the Housing Authority of Island County, lives and breathes housing woes. He said the people he serves are not homeowners but potential renters. The Section 8 Rental Voucher Program would be a boon to Island County, increasing affordable housing choices for very low-income households by allowing families to choose privately-owned rental housing.

The program has targeted veterans returning from war, Gulliford said, and he appealed to the senator for “some kind of rental assistance for working families.”

He further beseeched Murray to help maintain public housing in the county. Residents in the federally subsidized housing must have a household income at or below 80 percent of the area median income. And many of the residents are single parents with children, seniors or persons with disabilities.

“Continue your effort to push that number closer to 100 percent,” Gulliford said.

Helen Price Johnson, a member of the South Whidbey School Board, thanked the senator for her support of the federal Carl D. Perkins Grant, federal grant aimed at developing more fully the academic, vocational, and technical skills of secondary and post-secondary students who elect to enroll in technical ducation programs. She invited Murray to tour the district and see the funds in action.

Price Johnson, a candidate planning to run for the District 1 county commissioner position currently held by Phil Bakke, attributed a drop in student enrollment to the exodus of younger families. Education jobs will be available, she said, but affordable housing will not.

“The need is going to grow, I think, exponentially for us,” she said.

Oak Harbor Mayor Jim Slowik said enrollment is up at the high school, but the district was forced to close an elementary school last year. He added that 30 percent of Oak Harbor teachers lived on South Whidbey when he was serving on the local school board.

Although Washington has not been hit as hard by the subprime mortgage catastrophe, Murray said there are thousands of state mortgage holders who have been hit by increases.

The senator has said for a decade that housing is the silent crisis in the country. The issue is now obvious.

“We expect approximately two million homeowners this year to go into foreclosure,” Murray said. “But they don’t have to.”

Homeowner counseling will be tantamount to turning the impending foreclosure tsunami into manageable tidal action. Education, she said, needs to come before the damage is irreparable.

Murray said another issue is the disturbing increase in “sleazy online entrepreneurs” who prey on desperate homeowners trying to avoid foreclosures.

“Counseling is critical,” she emphasized.

The credit crunch drafting behind the subprime mortgage debacle will be even worse, Murray said. Bankers, Wall Street professionals and financial pundits have been unable to generate a solution.

“None of us want to do a huge federal bailout,” she said.

Island Transit has been in dire need of a new barn, County Commissioner Mac McDowell said. Murray praised the transit system’s success and said the request has already been submitted.

“Everybody benefits from it and it takes traffic off the roads,” McDowell said.

Commissioner John Dean stressed a need for alternative forms of transportation and consistent broadband connections that will help foster telecommuting.

Sharon Hart, Island County Economic Development Council executive director, agreed with Dean that sketchy broadband is a legitimate concern. Murray was not so sure.

“I kind of like coming up here and having my Blackberry not work,” she quipped.

Port of Coupeville Commissioner Ann McDonald brought up the local push for a privately-run, Coupeville-to-Camano Island ferry. The channel is deep enough and the dock on Whidbey is already there. The problem lies with a Camano location. She said the port has held discussions with Victoria Express out of Port Townsend.

“It’s a long way from being done, but we have made those steps,” McDonald said.

“That sounds interesting, as far as tourism ...” Murray said. “It’s a challenge, but there are more private companies looking at this.”

Dean, looking decades down the road with his grandchildren’s futures weighing on his mind, further advocated early education for youth and parents to avoid having to play catch up.

“We don’t want them to end up in the system,” he said.

Island County Sheriff Mark Brown lamented the the president’s cutting of funds from the Byrne Formula Grant Program, a partnership among federal, state, and local governments intended to create safer communities and improve criminal justice systems.

The cuts will directly impact a law enforcement agency’s ability to fund task forces. Brown said his lack of resources and manpower has precluded the office from joining task forces along the Interstate-5 corridor, but the county has aligned itself with the agencies. Murray was sympathetic to the sheriff’s plight.

“We will have to restore that funding,” she said.

Briefing Murray on the drug situation in Island County, Brown said the number of local methamphetamine labs is down, but drugs are getting through with cartel action. And meth use has also increased violent crimes and crimes involving damage to property. The sheriff said he firmly believes in attacking other crimes as a means to combat drugs.

Slowik added that identity theft has become a bigger problem in Oak Harbor.

Oak Harbor Fire Chief Mark Soptich said more money would definitely help with a department 85 percent volunteer. Another attendee urged Murray to support farm bills that support smaller farms, operations that are exploring new sustainability strategies.

Murray, just before embarking for Whidbey Island Naval Air Station, said all of the issues were meticulously taken down by her staff members present Wednesday. She pledged her continued support for the county.


Ferry bid comes in over budget
Whidbey News-Times
By Nathan Whalen
Mar 29 2008

Plans for a new ferry hit a snag Thursday morning. A $9 million snag.

Washington State Ferries officials opened a single bid for the first new vessel planned for the Port Townsend-to-Keystone route. Todd Pacific Shipyards of Seattle submitted a $25.99-million offer for the project, which is $9 million more than the ferry system’s $16.8 million estimate. The ferry is supposed to be modeled after the design of the Steilacoom II, which the ferry system leased from Pierce County to serve the route.

David Moseley, assistant secretary for the ferry system, said staff is going to examine the bid in the next week. He didn’t know yet why the bid came in higher than predicted. He did say that having one company bid on the project didn’t help the situation.

Moseley was also surprised that Freeland-based Nichols Brothers Boat Builders didn’t bid on the project. The boat builder constructed the Steilacoom II for Pierce County. Company officials even advocated building a Steilacoom II-type vessel as a quick way to get a vehicle ferry back on the Keystone route.

Moseley added that the speed the boat could be built was a reason for moving forward the Steilacoom II design.

A phone call to Nichols Brothers wasn’t returned.

Plans show that the Steilacoom II-based vessel could be ready for service by Mother’s Day of 2009. It holds 50 cars and 300 passengers, which is significantly smaller than the two Island Home-styled ferries the state is also building for the routes. Those larger boats will hold 60 cars and 1,200 passengers.

The Ferries Division has a timeline to find a permanent replacement for the Keystone/Port Townsend route. It has leased the Steilacoom II for 18 months and there isn’t a replacement vehicle ferry available for the route.

Residents opposed to construction of the smaller vessel attended a ferry partnership meeting Thursday afternoon.

“It’s killing me to hear this,” said Ian Jeffards of Penn Cove Shellfish upon hearing the news of the bid. “This boat is inadequate for the run.”

Jeffards said he would rather see the ferry system either fix the 80-year-old Steel Electric boats, which operated on the route for years, or lease a larger ferry from somewhere else, such as British Columbia.

Coupeville resident Ann Wilson is afraid of riding on the Steilacoom II.

“I am scared to death of this new ferry. I think they are a disaster waiting to happen,” Wilson said during the meeting.

Port Townsend Mayor Michelle Sandoval said trucks from the paper mill can’t use the Steilacoom II because they’re too heavy for the boat.

“I haven’t heard one person say this is the right boat,” Sandoval said of the Steilacoom II.

Ron Wohlfrom, vessel project engineer for the ferry system, said it would cost millions of dollars to repair the Steel Electrics and it would take approximately six months to complete. He said officials decided to spend the money elsewhere.

With the bid for the Steilacoom II-based vessel coming in so high, Mosely said that other options may have to be examined.

As for leasing a vessel from British Columbia, he said it would take an act of Congress. The ferry system has to comply with the Jones Act, which says that only U.S. flagged and built vessels can operate between U.S. ports.

Wohlfrom said that the Island Home is a similar size to the Steel Electrics, only a bit narrower. With a bigger boat, the route could experience fewer weather-related cancellations.

The ferry system sent staff familiar with the Keystone run to Massachusetts to examine the Island Home. The Legislature provided direction to the ferry division to build one Steilacoom II-based vessel and two Island Home-based vessels.


Prosecutor accused of defamation
Whidbey News-Times
By Jessie Stensland
Mar 26 2008

A woman who won a $300,000 settlement against Island County Prosecutor Greg Banks last year has threatened him with litigation again.

Former deputy prosecutor Amy Dempsey’s attorney, Peter Moote of Freeland, wrote a letter dated Jan. 2 accusing Banks of filing “libelous declarations” against her in Oak Harbor District Court, where she works as a judge pro tem. The News-Times obtained a copy of the letter, as well as the response from Banks’ attorney, through a public records request.

The three-page affidavit of prejudice offers a new glimpse into the elected prosecutor’s side of the controversy, although Moote claims that it contains numerous false statements.

Moote said there’s no reason for Banks to write a lengthy exposition on the wrongs he felt Dempsey committed and thereby subject the county to a possible lawsuit. The affidavit could have been a simple sentence, without explanation, asking the court to disqualify Dempsey from cases Banks’ office handles and the request would have been honored.

“The only purpose is malicious vindictiveness,” Moote said. “There’s no other reason.”

Banks, on the other hand, said he felt it was important to explain why he didn’t want Dempsey to hear any of the cases that his office handles. Not doing so, he said, would have been unnecessarily secretive.

“I think that’s the responsible thing to do,” he said, “and the public has the right to know why we do the things we do.”

The issue goes back to the 2006 election, when former chief criminal deputy Steve Selby ran for prosecutor against Banks. After Banks fired Selby, the deputy prosecutors in the office lined up behind Selby, publicly supporting him. Banks hired Dempsey in the midst of the turmoil.

Dempsey eventually joined with the other deputy prosecutors — not including the two chief deputies — in endorsing Selby in an ad in the News-Times. But after Banks defeated his rival in the election, Dempsey stopped coming to work, later claiming she was “so sick with distress and anxiety that she had to call in sick and seek medical attention.”

Banks eventually fired her and she filed a claim for damages against the county, Banks and former chief criminal deputy Andrea Vingo. The claim accused Banks of pressuring her to publicly support him in the election and of unlawfully terminating her.

The Washington Counties Risk Pool, which is essentially the county’s insurance company, decided to settle the claim for $300,000, which Moote claimed was a vindication for Dempsey. Banks said it was just a business decision made because of the high cost of defending lawsuits.

Banks’ affidavits filed in the Oak Harbor District Court details a very different series of events than the ones outlined in Dempsey’s claim. He wrote that Dempsey repeatedly approached him to discuss the election, telling Banks that she supports him and felt he was doing a great job.

“She often ridiculed her co-workers because of their support of my 2006 election opponent,” Banks wrote. “She called me at home to discuss her co-workers and provide me her assessment of their involvement in the 2006 prosecutor election race.”

In addition, Banks wrote that Dempsey told him that Selby had threatened and harassed her to garner her support.

“She called me at home and told me that my opponent had called her three times and had threatened her,” Banks’ affidavit states. “She complained that he was intoxicated and frightened her.”

The affidavit goes on to state that in Washington State Bar Association proceedings, apparently against Selby, Dempsey submitted a letter asserting that Selby had never threatened or harassed her.

“This shows, at best, that her ability to accurately recount events is poor, and at worst, that she is willing to make misleading statements in official proceedings,” Banks wrote.

In a letter to Banks, Moote states that the affidavit contains numerous false statements that amount to a libelous, vindictive character attack.

“The interest to be protected is her reputation that has been severely defamed by your conduct,” Moote wrote.

In addition, Moote accuses Banks of “an abuse of process,” meaning a malicious and deliberate misuse of a regularly issued court process.

“The rules gives every party one opportunity to freely remove a judge from a case without the need for this type of libelous comment,” the letter states.

Moote asks Banks to stop filing the affidavits and to remove the ones already filed from court records.

Banks’ attorney, Anne Bremner of the Seattle firm Stafford Frey Cooper, wrote a response to Moote, defending Banks’ right to file the affidavit.

“Far from an abuse of process, Mr. Banks was satisfying his statutory obligation to his client, the people of the State of Washington, by stating specific facts to ensure personal conflicts between him and Ms. Dempsey did not endanger the integrity of judicial proceedings or the appearance of fairness therein,” the letter states.

Moreover, Banks “likely enjoys several layers of protection from Ms. Dempsey’s potential claims,” the attorney writes, citing case law to support his arguments. She also states that Dempsey would not be able to prove that Banks acted with actual malice because he wrote the affidavit to prevent unfairness in judicial proceedings.

In the end, Banks said his office no longer files affidavits against Dempsey because the court administration has stopped assigning her cases that the prosecutor’s office handles. Dempsey had been on the bench for the Langley municipal court calendar, which Banks’ office handles, but not for county cases, according to a letter from the court administrator to the county.

Moote said it’s up to Banks to figure out how to remove all the affidavits that have already been filed, but the prosecutor claims that’s simply impossible. Court records can be sealed for certain reasons, Banks said, but they wouldn’t apply in this case.

Moote said he’s unsure whether he and Dempsey will move forward with any legal action.


Emergency declared at Libbey Beach
Whibey News-Times
By Paul Boring
Mar 08 2008


Libbey Beach, the idyllic destination turned potentially injurious hazard, was officially declared an emergency area Monday by the Board of Island County Commissioners.

Severe windstorms initially wreaked havoc on the beach in 2006 when the unprecedentedly inclement weather inflicted damage on the bulkhead.  Time, tidal action, and recent less severe notable storms have exacerbated the deterioration.

“The damage is ongoing,” Public Works Director Bill Oakes told the commissioners.

County staff placed fencing and warning signs at the popular beach’s entrance, but evidence has shown that people continue to gain access in spite of the danger.

“There’s been a lot of sloughing,” Planning Director Jeff Tate said. “And we still have people going around that spot in spite of the signs and fence.

He reported a condition that has worsened each week. Tate further lamented the public’s loss of a once widely used beach and park-like setting complete with a bathroom facility, picnic area and ample parking.  A shoreline exemption permit is ready to be issued, the planning director said. He recently explained the direness of the situation to the Department of Ecology and state Fish and Wildlife officials.

“I’m very uncomfortable with the liability and the changing conditions,” Tate said. “When you look at the condition and how it’s changing, it’s terrifying. I want to get this project going.”

Almost one year ago the county began looking seriously at a Band-Aid solution to the beach erosion quandary. The beach’s location leaves it exposed to continuous tidal action from the west. Oakes said last March that connecting a 100- to 150-foot gap situated between two bulkheads would be a viable temporary fix.  Commissioner Phil Bakke said he has been visiting the beach periodically for the last four or five years. The former planning director confirmed the oversloughing of soil has created a dangerous area.

“It’s important to me to see this fixed,” he said. “I look forward to getting Libbey Beach Park opened again very soon.”

Contractors Jesse Allen Excavating and Construction of Stanwood would take on the project.


Legislature funds ferries for Keystone
Whidbey News-Times
By Nathan Whalen
Feb 16 2008

By May 2009, there should be a new ferry hauling cars and passengers out of Keystone Harbor.

Gov. Chris Gregoire signed a bill Thursday authorizing construction of up to three new passenger ferries capable of being used on the Port Townsend/Keystone route.

The size and capabilities of all three vessels is unknown at this time, as various options are being considered.

One thing’s for sure: The first vessel will be based on the Steilacoom II model, which is owned by Pierce County and is now temporarily serving the Port Townsend/Keystone route.

While the relatively small ferry is adept at maneuvering in and out of narrow Keystone Harbor, some leaders question whether the boat is adequate for the tempestuous seas on the route.

“I think it’s a great little boat, but I think it’s going to be sloppy in the water,” State Sen. Mary Margaret Haugen, chair of the Senate Transportation Committee and the bill’s sponsor, said Wednesday. “But I think it’s going to be a great boat for our fleet.”

Tenth District Reps. Barbara Bailey and Norma Smith also supported the legislation to build the three ferries.

Senate Bill 6794 requires the construction of up to three ferries that will hold a maximum of 100 vehicles each. The current Steilacoom II can carry approximately 50 cars and 300 passengers. The ferry is hampered by weight limits. If the ferry hits its weight limit, it will sail regardless of how many vehicles are on board.

Traci Brewer Rogstad, deputy director for Washington State Ferries, said the legislation gives the option of purchasing between one and three ferries depending on the direction the Legislature gives the ferry system about further replacement boats. She said she would like the Legislature to make up its mind by the time the session ends.

One other vessel design that is under consideration is the Island Home, which is currently operating in Massachusetts. That vessel has the capacity to hold 76 vehicles and 1,200 passengers, which is considerably larger than the Steilacoom II. The boat was designed by a Seattle firm.

The idea for building an Island Home-type ferry stems from a vessel planning study the ferry system conducted last year. It identified the vessel operated by the Nantucket Steamship Company as a possible replacement.

Some state officials are so impressed with the Island Home that a ferry captain and chief engineer who have operated the Steel Electrics were sent to Massachusetts to get a first-hand look.

Haugen said in a news release that she recommended that the bill not lock the system into a specific ferry design. She supports the idea that personnel with direct experience on the Keystone route examine the Island Home.

There are several advantages to each of the vessels being considered as permanent replacements.

The Steilacoom II, while smaller and less powerful than the Island Home, can be built in a year and early estimates show it would cost $20 million per boat.

The Island Home has more power and more capacity for passengers and vehicles. However, the ferry would take between 18 and 24 months to build and cost between $30 million and $36 million.

Brewer-Rogstad said if the Legislature is willing to wait longer and spend more money, then the Island Home design is a viable option.

Washington State Ferries started advertising for bids for a new Steilacoom II vessel Friday. Bids are due by March 18. Nichols Brothers Boat Builders of Freeland built the Steilacoom II and is expected to be among the bidders.

The ferry system plans to award a bid by March 24. Construction should be complete by March 2009 and the boat ready to serve the Keystone/Port Townsend route the following May.


South End newspaper wins national awards
BY RECORD STAFF

Jan 30 2008

The South Whidbey Record has won three awards for reporting, photography and page design in a national newspaper competition.  Winners in the 2007 Suburban Newspapers of America contest were announced last week. The Record received a first-place award for “best front page design.”

The newspaper also won a first-place award for “best news photo,” for a picture Brian Kelly took of sailors carrying the casket of Chief Petty Officer Patrick Wade to a hearse at Naval Air Station Whidbey Island. The sailor was brought home from the war in Iraq in July.

Record reporter Michaela Marx Wheatley won a second-place award for “best in-depth reporting” for her coverage of the controversy surrounding Fairgrounds Road.

“The Record newsroom continues to push for better journalism and it’s showing with the recognition we’ve just received on the national level,” said Record Publisher Sherry Mays. “I’m proud of our team.”

“I appreciate the leadership Brian brings to the editorial content on a daily basis,” she added. “No one has to ask him to dig for answers or capture poignant moments. He or one of the reporters just happens to be there.”

Approximately 3,000 entries were submitted in this year’s contest from newspapers across the U.S. and Canada.


64 gallons daily per person
Whidbey News-Times
By Paul Boring

Jan 23 2008

Responding to changes in Washington Administrative Code that require the city of Oak Harbor to establish water efficiency goals by the end of this month, the City Council evaluated and approved two goals Tuesday night.

In addition, Public Works Director Cathy Rosen said the city will be responsible for reviewing and modifying the goals each time the water system plan is updated.

Oak Harbor placed itself in an auspicious position, as the city made a commitment to water efficiency in the 1990s and the water utility and its customers have been prudent in improving their water use efficiency since that time.

“We’re really doing a good job overall,” Rosen said.

The council and city staff discussed the changes during a workshop held prior to the meeting.

The goals must describe measurable outcomes in terms of reduced or maintained water production or usage, the public works director said. To reach adequate compliance, the council approved continuing to maintain distribution leakage at or below 10 percent. The second goal stipulates that family household water use be maintained at 64 gallons per person per day on a three-year average, and irrigation usage be reduced.

Resident Mel Vance said the goals outlined should be “pretty easy to meet.” He proceeded to advocate using rainwater collection barrels, an easy and inexpensive method. His personal receptacles have already collected 20,000 gallons of water, he said, which is good for irrigation. He suggested that the city could purchase the barrels and distribute them to residents at cost.




Jeff VanDerford / The Record
A leak has created a big separation at the bottom of a stairway at South Whidbey High School, one of many repairs needed by the school district as voters consider new levies on the ballot Feb. 19.


School district has four items for voters
South Whidbey RECORD
By Jeff VanDerford
Jan 19 2008

The students pass by the broken plaster several times each day with hardly a glance.  Leaks have caused a big separation in the wall at the bottom of a stairwell at South Whidbey High School and the break is getting bigger.

In some classes, students and teachers sweat because the heat can’t be adjusted while down the hall kids keep their heavy coats on to stay warm.  School district officials know lots of repairs are needed — some visible and others not so obvious — but they need funding to make them right.  To solve these problems, the school district is hoping voters will agree on Feb. 19 to three levies totalling almost $9.6 million for the years 2009 and 2010.

Taxpayers, currently providing the district 97 cents per $1,000 of assessed property value, will see that number rise to $1.06 in 2009 and $1.05 in 2010.  A homeowner with property valued at $300,000 could see taxes rise roughly $100 in 2009.

“That number is based on the individual change in the assessed value on their specific home,” said Dan Poolman, business manager for the school district.

“We are very sensitive to our taxpayers,” said District Superintendent Fred McCarthy. “The money is required to keep the district well-maintained and improved without causing an undue burden on their taxes.”

Maintenance-and-operations levy

The first ballot measure is an extension of the current maintenance-and-operations levy which voters authorized in February 2006 and which expires Dec. 31, 2008.

“The state requires that local taxpayers pay 20 percent,” McCarthy said. “The M & O levy maintains financing for educational programs, student services and operations, currently rated at 84 cents per $1,000 of assessed value.”

The levy is needed to help maintain class sizes, pay salaries, cover food service costs and other items not funded by state dollars.  Should it pass, the district will receive $3.7 million in 2009 and $3.8 million in 2010.

Capital projects and technology

Second is the capital projects and technology levy for repairs and renovations for school buildings and grounds, including the glass atrium in the high school commons, sections of the roof in the mat room and the athletic hallway.

“Money is needed for leaks at the high school and we have to fix heating units there and at the middle school,” McCarthy said. “Our phone and intercom systems have to be upgraded. There are several electrical, plumbing and structural projects as well.

“These repairs are basic needs.”

The other part of the second levy deals with technology.

“We want more computers for student learning in the classroom and more training for teachers,” McCarthy said.

If passed, the capital projects/technology levy will raise $950,000 in each of the next two years.

Levy needed for two new buses

The transportation levy will replace two buses that have more than 200,000 miles on their odometers; one each over the next two years. The levy will bring in $100,000 in 2009 and 2010.

“There can be no argument that we must keep safe buses on the road,” McCarthy said.  He noted the district is taking good care of old equipment, but it also has a responsibility to replace buses eventually. More than half of the bus fleet is between 10 and 20 years old.

“Overall, even the older buses look good inside,” McCarthy said. “Our head mechanic, Todd Brager, uses a sewing machine to keep the seats free of tears.”

McCarthy noted that dropping enrollment has had no effect on the district’s vehicles.

“The buses must travel the same distance each day,” he said.

A fourth item on the ballot asks voters to change how board members are picked.  Today, board members represent five specific geographic areas. The district wants to increase the geographic coverage for three seats, plus add two at-large board members.

“It will let someone run for a board position wherever he or she lives,” Poolman said.

Over the next few weeks, board members and McCarthy will be speaking to a variety of community groups about the levy.



Bakke keeps an eye on Olympia
Whidbey News-Times
By Paul Boring
Jan 19 2008

Phil Bakke will help plead Island County’s numerous cases as he serves on the Washington State Association of Counties’ Legislative Steering Committee.

The freshman county commissioner will join 36 colleagues from 30 counties in Olympia every two weeks during the duration of the 60-day legislative session that began Monday.

Bakke said the committee is responsible for bringing forward issues that most affect county citizens. The group is a bi-partisan melting pot comprised of representatives from both rural and urban jurisdictions.

“The number one thing on the front burner is the ferry situation,” he said. “That is a federally designated emergency evacuation route; a state highway of national security. And it’s a huge inconvenience that affects our lives and the business community.”

The commissioner said lip service will not suffice. Even with the truncated 60-day legislative session, an immediate — and lasting — solution is required.

“A solution needs to be found this session and it needs to be implemented right away,” Bakke said.

He also plans to leverage the association to help legislators understand the disparity between the money needed to provide quality health and human services and the actual money provided.

“State money doesn’t adjust for inflation,” Bakke said. “I want the counties to work with the Legislature to come up with a more stable and realistic funding system. I’ve watched this as an outsider and thought, no business would operate like this.”

The commissioner will also be vocal about unfunded mandates that place counties in precarious fiscal positions.

“The state will finance a required program for one or two years and then the burden shifts to the county,” he said. “These shifts put a great deal of pressure on counties to raise local taxes to fund state mandates.”




Norma Smith, new State Rep. from South Whidbey (10th District)

Norma Smith picked to replace Strow for House seat
South Whidbey RECORD
By Spencer Webster
Jan 12 2008

Norma Smith of Clinton got the nod Tuesday to fill Chris Strow’s vacant seat in the state House of Representatives.

Strow resigned last year from his job as 10th District representative to spend more time with his family. Smith, a Republican party insider, was unanimously picked during a meeting of GOP leaders at the Snohomish County administration building in Everett.

“The thing that captured my attention was her commitment to the group, that she would maintain a bipartisan manner and be proactive,”  said Island County Commissioner Phil Bakke.

Bakke said he was impressed with Smith’s stance on resolving the problem with the Port Townsend-Keystone ferry run. Car service on the route was canceled just before Thanksgiving.

“We have essentially a non-functioning highway. That is a major issue for Whidbey Island, the broken highway,” Bakke said.

Smith is no stranger to politics. She served as a legislative assistant to Congressman Jack Metcalf, and ran unsuccessfully against Rick Larsen in 2002 for the 2nd District seat in the U.S. House.  Before that, she ran against incumbent Sen. Mary Margaret Haugen in 2000 for state Senate and lost.  Bakke said Smith would be able to immediately tackle the issues facing the 10th District, even as a freshman-appointed representative of the minority party.

“Of the three candidates, she was the most prepared to fill the seat,” Bakke said. “It was a quick decision; less than 10 minutes with no discussion.”

Smith was chosen over Joel Edmonds of Savannah and Edward Drum of Oak Harbor by Island and Skagit county commissioners and members of the Snohomish County Council.  Smith said she is looking forward to hearing from constituents.

“It’s an honor and a privilege to receive such wide support from the folks in my district, as well as from my fellow legislators and local community leaders,” Smith said in a press release Thursday.

“While I may be new to the Legislature, I’ve been working to create solutions to issues facing the 10th District throughout my professional career and through volunteer efforts. I’m now ready to jump in with both feet and find solutions at the legislative level,” she added.

Smith began her legislative training in Olympia on Friday.





Planner returns to Langley

Popular planner to rejoin city staff in Langley;
Incoming mayor announces new additions to team
South Whidbey RECORD
Brian Kelly
Jan 05 2008

Former city planner Larry Cort will return to Langley City Hall in an expanded role, Mayor Paul Samuelson announced this week.

Cort stepped down last fall to take a job as a senior planner in Maple Valley. But Samuelson said the popular planner will fill the just-created position of community planning director for Langley.  Cort was expected to start his new job in his old digs on Jan. 4.

“I think it’s a huge, huge benefit to us to have him come back,” Samuelson said. “I’m overwhelmed with excitement that he’s here.”

Samuelson also announced this week that he would hire Kathleen Landel, his former campaign manager, to work part time as a special assistant to the mayor. Landel is well-known to many for her work on the board of the nonprofit Whidbey Camano Land Trust.  At its meeting on Wednesday, the council voted to confirm the appointment of Cort to his new position.

The new hires have also gotten early nods of approval from others outside city hall.

“I was very surprised and very delighted. I think it was a master stroke to get Larry Cort back,” said former mayor Neil Colburn.

“Larry Cort is a world-class planner. He’s a combination of small town and urbane. I just absolutely applaud the move.”

“Everything I know about Kathleen is good,” Colburn added.

Though Cort previously worked for Langley for less than a year, he was involved in many high-profile projects, including the rewrite of the city’s growth plan, the launch of Langley’s new historical preservation program, and the ongoing debate over shoreline development.

“He has a really strong relationship with the staff and he also has a strong relationship with the community,” Samuelson said.

Cort is well-versed on Whidbey Island’s most pressing land-use issues. Beyond his time in Langley, he previously worked as a planner for the city of Coupeville and also for Oak Harbor.  Samuelson, who took over as mayor last week, said Landel will help with community relations and grant writing.  She will also help coordinate the city’s citizen advisory boards and commissions, and work with Samuelson and other city officials on a long-range, four-year plan that will set priorities for city government.

Samuelson said Landel will work on a contract basis for 20 hours a week. A one-year contract is expected to be presented to the council at its next meeting.

Cort will earn $68,000 in his new position. His annual salary during his previous time with the city was $63,000.


County budget jumps 7 percent
Whidbey News-Times
By Paul Boring

Jan 05 2008

Island County’s $73.9 million total estimated budget for 2008 reflects a 7 percent increase in expenditures and a 5 percent increase in revenue.

An allotted 1 percent increase in property taxes plus new construction tax revenues in the county should equate to a General Fund increase of slightly more than $200,000, a 3 percent jump.

Local sales taxes in 2008 are estimated to generate $7.9 million, an 8 percent increase of $600,000 from the previous year.

After more than half a decade of remaining static, environmental health and building fees have been raised for 2008. The need for fee increases will be partially offset by expenditure reductions. Environmental fees will experience an overall increase of approximately 1 percent. Building fees jumped about 9 percent, amounting to a 1.5 percent annual increase over the past six years.

A lack of growth in investment rates led to interest revenue of $2.1 million, which was slightly less than the 2007 forecast.

Real Estate Excise Taxes, dependent on real estate market activity, is currently down 10 percent from 2006. Zero growth is anticipated in REET collections for next year as the housing market continues its stall, said Budget Director Elaine Marlow.

County salaries and benefits increased $1.6 million, or 5.8 percent, from the 2007 adopted budget. Salaries for 2008 came in at $22 million and benefits at $8.5 million.

Law and justice departments were the recipients of more than half of the 2008 supplemental budget requests approved by the Board of Island County Commissioners.

“We have $430,000 approved in additional ongoing expenses,” Marlow said.

The largest allotments of the approximately $300,000 of law and justice funds will go to the Prosecutor’s Office to pay for a full-time misdemeanor attorney at $73,000 and a detective in the sheriff’s office, in addition to increasing the jail’s overtime budget. The sheriff had asked for several additional deputies.

District court also received money for a full-time deputy clerk to handle the increasing caseloads. A juvenile court services coordinator will be bumped up from part-time to full-time and a 5 percent increase was approved for county dog control.

Last year’s supplemental totals were comparable, Marlow said, although the assessor and auditor’s office received more fiscal attention.

The budget director pointed out that the Island County Fair Association was given an additional $15,000 for capital repairs.

The board scrutinizes each request and weighs the wants against the needs, Marlow said.

“The commissioners first look to reducing costs of providing services, before considering fee increases,” she added.



Sen. Haugen: State can’t wait forever for new ferries
South Whidbey RECORD
By Brian Kelly
Dec 22 2007

COUPEVILLE — State Sen. Mary Margaret Haugen lambasted critics this week who are second guessing the move to spend $100 million on new ferries.

The Camano Island Democrat also had harsh words for Washington State Ferries, which she said is more focused on building new, multi-million-dollar ferry terminals than spending money to construct the vessels needed to ply the waters of Puget Sound.

In late November,
vehicle-ferry service between Whidbey Island and the Olympic Peninsula was shut down due to extensive damage to the steel hulls of the state’s Steel Electric ferries.

Last week, Gov. Christine Gregoire announced she would put $100 million in the 2008 supplemental state budget to pay for new ferries that are needed now that the state has permanently pulled its four Steel Electrics from service.

The state is looking for a quick fix to get car-carrying vessels in place that can serve the Keystone-Port Townsend route. But some have questioned whether the move to build a smaller 54-car ferry within the next two years is the right way to go.

At a “council of governments” meeting Wednesday, Haugen defended the plan for new ferries. It’s no surprise that the Steel Electrics — which were built in 1927 — need to be replaced, she said.

“People have grumbled a lot about the ferries, there’s no question about it,” Haugen said. “People say, ‘How did we get to where we are?’ Well, the fact of the matter is, we’ve always known the Steel Electrics needed to be replaced.”

She recounted how the state ferry system wanted one size of boats — ones that can carry 144 vehicles — and also wanted to move the Keystone terminal.

“There isn’t enough money, or enough time, to move that terminal. You who live here know that people weren’t supportive of it.”

The ferry system also figured funding for the project was available. It wasn’t, said Haugen, D-10th District.

“We all have heartburn over the fact that it’s a smaller boat,” Haugen said, adding that some within Washington State Ferries are resistant to the plan for smaller vessels.

“As far as the seaworthiness of it, I can tell you, the ferry system does not like the way we’re going. And so the ferry system is going to tell you all sorts of things, because they want to do what they want to do,” Haugen told other elected officials at the meeting in Coupeville...full story here.



Updated county photo map bound for Google Earth
Whidbey News-Times
By Paul Boring
Dec 19 2007

A high-tech aerial imaging project contracted last spring by Island County will stuff the stockings of its staff this Christmas.

Randy Brackett, Public Works assistant county engineer, told the Board of Island County Commissioners at Wednesday’s staff session that the images will be available just as Santa is tightening his girdle.

“We’re excited about that,” he said.

Through a contract with W & H Pacific earlier in the year, an airplane flying one mile above ground photographed the entire county in strips with a powerful 90 megapixel digital camera. The process first involved establishing highly accurate survey points around Island County utilizing Global Positioning Satellites.

Once photo targets were set on the ground, the aerial imagery was captured and then corrected by professionals at MJ Harden, one of the project subconsultants.

GIS, a powerful analytical tool that uses aerial photography and other map information, will not simply help Public Works with roads and storm water management, Brackett said.

“It provides a mapping platform for greater understanding of the two islands, including topography, changes in canopy cover, bluff erosion, and shoreline conditions, and the respective interrelationships involved,” he explained.

The engineer said the county is also working on an agreement with Google Earth to publish the information on the popular Web site. Posting may take one to two months, but once it goes live, anyone can access it.

“One of the features of this Internet mapping resource is anyone can zoom in to a desired resolution and then print it out,” Brackett told the commissioners, adding that people can actually see their neighborhoods with the technology.

Public Works staff will be able to place layers on top of images, a valuable tool when doing traffic counts and performing other tasks.

“We could share all of that information with the public,” Brackett said. “It becomes kind of an extension of our front desk.”

The county will also have a mechanism by which the original imagery is available, albeit at a substantial cost, as the product would be approximately 250 gigabytes.

Public Works Director Bill Oakes said the department will also look at other map imaging systems such as Microsoft Live.

Commissioner Mac McDowell was concerned with the costs involved with Google Earth or any licensing issues that could surface. Oakes said the Web sites are the collators of the imagery. They benefit from the county’s maps, as each new area fills in the gaps of what is becoming a very geographically comprehensive service.

“Cities and counties around the world are doing this,” Brackett added. “This is becoming a common practice.”

Island County will have a 6-inch pixel resolution, in contrast to areas in Seattle that have an even sharper 2-inch pixel resolution.

“We’re not on that scale,” Brackett said. “And we don’t intend to ever be on that scale.”

The public can expect the unveiling after the first of the year.



Rep. Strow to resign seat in state House for new job
South Whidbey RECORD
By Brian Kelly
Dec 08 2007

Rep. Chris Strow announced plans Thursday to step down from his state House of Representatives seat before the start of the 2008 Legislative Session.  He will take a job in Seattle as an economic policy analyst.
Strow has just finished the first year of his second term in the House. In a statement to the press, Strow said he wanted to find more “family friendly” employment.

“Representing the 10th Legislative District has been the greatest honor of my life. However, I came to the conclusion that being a Legislator took too much away from being the best husband and father I can be,” Strow said in his statement.

“Serving the people of the 10th District has been the greatest single honor of my life, but now is the time for me to focus on serving my wife, Mary, and my daughter Abigail,” Strow said.

The two-term Republican lawmaker from Freeland most recently served as the House Assistant Minority Floor Leader. Earlier this year, he said he wanted to fill the vacated seat on the Island County board of commissioners after Commissioner Mike Shelton stepped down so he could work closer to home. Strow later withdrew his candidacy for the appointment, however.

Strow’s resignation was unexpected. He filed as a candidate to run again in 2008 for his Position 1, District 10 seat on Oct. 13.  Strow will become a principal economic policy analyst at the Puget Sound Regional Council in Seattle.

“We are thrilled to have Chris joining our staff. He brings a wealth of expertise in economic development, policy advancement and strategic planning,” Bob

Drewel, executive director of the Puget Sound Regional Council, said Friday.

The Puget Sound Regional Council develops policies on regional growth issues and coordinates the distribution of roughly $160 million in federal transportation funds every year. It is composed of more than 80 county, city, port, tribal, transit and state agencies.

The council also helps direct the “Prosperity Partnership,” a coalition of more than 250 groups from Snohomish, King, Kitsap and Pierce counties that are working on a common economic strategy.

“By adding Chris to our great team, the Prosperity Partnership will be able to implement key strategies to grow jobs and secure long term prosperity in the Puget Sound region,” Drewel said.

Strow did not return a call Thursday for comment.

Rep. Barbara Bailey, R-Oak Harbor, praised the service of her fellow District 10 House lawmaker.

“It’s been a pleasure having Chris in the Legislature; he will be missed,” Bailey said.

“I know this was a hard decision for Chris, and serving at the Legislature, particularly the 10th District ... does take a great deal of sacrifice for families.  I certainly respect his decision.”

“Chris and I always had a great working relationship,” Bailey added. “It’s been very good to work with someone who has the kind of background that Chris has had; he’s very knowledgeable and has really done a good job. I will miss him.”

Bailey said party officials have begun to talk about the process to replace Strow.

The 10th District encompasses all of Whidbey Island and parts of Skagit and Snohomish counties. Republican party officials will meet to recommend a replacement for Strow.  Republican precinct committee officers in the 10th District will meet to come up with the names of three candidates to replace Strow. The Island County board of commissioners, the Skagit County board of commissioners, and the Snohomish County Council will each send three members to a joint meeting to select Strow’s replacement.

Strow was elected to his second term in 2006. He initially ran unopposed, but faced a late write-in challenge from Margarethe Cammermeyer.

The son of Island County District Court Judge Peter Strow, Chris Strow grew up on Whidbey and went to school at Oak Harbor Junior High School and Oak Harbor High School.  He joined the staff of U.S. Rep. Jack Metcalf in 1994, and served as a transition advisor to the congressman before taking over as Metcalf’s deputy chief of staff. For five years, Strow was Metcalf’s senior aide in Washington, D.C.   In his resignation announcement this week, Strow thanked Metcalf for his guidance during his early years in politics.

“I would also be remiss if I did not mention my great friend and mentor Jack Metcalf who passed away this year. He saw something in me a long time ago and always encouraged my successes. Jack was a strong conservative voice with real compassion for working men and women in our communities. I tried my best to emulate those qualities,” Strow said.


Nichols Brothers gets set to hire shipyard workers back
South Whidbey RECORD
By Spencer Webster
Dec 01 2007

Nichols Brothers Boat Builders hopes to call back 50 or so workers to the Freeland shipyard within the next week, company officials said Thursday.

Matt Nichols, chief executive officer of Nichols Brothers, and company president Bryan Nichols have been calling the shipyard’s customers to work out employee wage deals to get workers back in the Freeland boatyard.  Citing financial troubles, Nichols Brothers laid off 185 workers on Nov. 2 and filed for bankruptcy two weeks later.  With the company’s assets tied up in bankruptcy proceedings, Nichols Brothers is working out deals with its customers to have the companies that have ordered ships to pay the shipyard workers directly.

There are at least two projects that need immediate completion, Bryan Nichols said.

“We are working with all of our customers to get the projects up and going. We’re hoping to have our first crew of 50 back on Monday, Dec. 3 for the Baydelta Maritime tug,” Nichols said.

“We’re real close on that. We’re not going to call the guys until the details are sorted out,” he added.  Nichols estimated that one of the two tugboats ordered by Baydelta could be finished within eight to 14 weeks if the shipyard can work out remaining issues with customers.  Another project in the yard that is close to completion is a tugboat with fire-fighting capability, owned by Minette Bay Ship Docking Ltd.

Nichols company officials are also currently in talks with other customers.

“We are working with three other customers right now on getting two more deals signed, which could mean by the end of the week, next week or following, having the majority of our crew back and working,” Nichols said.

One of the Nichols’ customers is the San Francisco Bay Area Water Transit Authority, which had contracted with the boatyard to construct two 149-passenger ferries.  Nichols said those projects are not due to be finished until late 2008 or early 2009, while a repair job on a catamaran and work on new tugs is expected to wrap up in late 2008 or early 2009.  Companies that have ordered vessels will issue paychecks to shipyard workers at Nichols Brothers, and will also cover the costs of equipment and materials.

“It is a way we can get our projects done while we are restructuring and a way we can get employees back to work,” Nichols said. “It is much better and less expensive to pay the employees directly than to lose a contract.”

“It is cheaper here. The guys already know what is going on,” Nichols added. “Our goal here was to figure out a way to get the employees back to work as soon as possible and to get our customers’ projects completed as soon as possible as well.”

“We are doing the best we can with what we have,” he said.  While the bankruptcy case is proceeding for Nichols Brothers, sale of the company is also moving forward.

During Nichol’s first bankruptcy hearing on Nov. 21, a bankruptcy court judge approved a loan from Ice Floe to Nichols Brothers that would help pay for 20 key employees to keep the shipyard going. Ice Floe is expected to receive an ownership stake in Nichols Brothers as part of the deal.

“We want people to understand that if there is a sale of the company, it is to someone who is interested in building boats here. We are not just selling off equipment and then leaving,” Nichols said.

“We are talking with multiple groups who are interested. Ice Floe will propose the asset purchase agreement. The way I understand, it is other companies can come in and overbid. In the end, they have a certain amount of time for that to happen, then it goes before the judge for approval.”

Under the loan approved by the bankruptcy judge, Matt and Bryan Nichols will receive nearly $5,300 a week from Nov. 16 to Jan. 4, according to court records.

Besides Bryan and Matt Nichols, only four of the 20 workers named in the bankruptcy payment plan will get a regular paycheck every week through Jan. 4. The list of workers included employees in the administration, engineering and operations departments.  Bryan Nichols said that he and his father’s employment was a requirement of Ice Floe’s Asset purchase agreement, and that other employees were also required to keep the yard somewhat in an operational status while the shipyard waits to fully reopen.

“I think there is a realization that the 43 years of my dad being here and me growing up in the shipyard, that there is definitely some value in what we’re doing here,” Nichols said.  That could change under new ownership, however.

“If somebody else over bids them, there is no guarantee that I have a job here unless that is in their proposal as well,” Nichols said.  Nichols said it was a difficult decision to file for bankruptcy.

“When we were in the courtroom last week, that was rock bottom for us, having to go through that,” he said.

“Things are starting to go the other direction now. It’s looking up,” Nichols said. “At the end of the day, there is still going to be a sale of the company. Things are progressing.”

Still, there is uncertainty.

“Once we get those projects out, our primary goal will be to keep rolling. What that spins off to has not been defined,” he said.


Auditor leaves island for New York position
Whidbey News-Times
By Paul Boring
Nov 21 2007

Island County Auditor Suzanne Sinclair is continuing the trend of elected officials voluntarily leaving their posts for other jobs after long and fruitful tenures in Coupeville.

A damp-eyed Sinclair formally announced Monday at the county commissioners’ meeting that she will resign effective Jan. 1, to accept a position in upstate New York.

The auditor of 10 years will use her expertise as county manager for Seneca County, where she will not only manage a small airport but deal with planning and public works, the latter of which she worked with during her first two years in Island County.

“It’s like a county commissioner, but not an elected position,” she said before the meeting. “I’m very excited.”

Parting with the county is the downside of the bittersweet move, she said.

“I want to pack these people up and take them with me,” she said with a laugh. “But most of them have families, so I don’t think that would work.”

Born in Virginia, Sinclair has lived in the county since 1984, where she has been über-active. She has lived near her 27-year-old daughter on the island and will now travel to the other side of the U.S. to reside closer to her older daughter, who lives in New York.

“They insist on living on opposite ends of the country,” she said.

Aside from the family connection in New York, Sinclair said she also feels now is the time for someone else to take the helm in the Auditor’s Office.

“It’s half and half, it really is,” she said. “I just think it’s time.”

Commissioner Mike Shelton announced his resignation in July after serving the county for 15 years. Before the remaining two commissioners voted to replace Shelton with former Planning Director Phil Bakke, the Republican Party undertook a selection process that narrowed the pool of candidates to three. Sinclair was one of the applicants who vied for the position.

The auditor and former candidate for U.S. Congress said the party will use the same process to replace her. Even though Sinclair’s position lasts until 2010, her replacement would run in the 2008 general election to retain the post.

Seneca County, governed by a 14-member board of supervisors, has a population of approximately 33,000, roughly half of Island County’s. “It has slightly more than 400 employees, which is actually similar to Island County,” Sinclair said.

The picturesque county will be a positive change for the longtime auditor. The move, however, will be a logistical challenge.

“The last time I moved across the country, I could fit everything in a pickup truck,” she quipped.



Nichols bros. sale pending
Whidbey News-Times
By Jim Larsen
Nov 21 2007

The sale of Nichols Brothers Boat Builders could put some of its laid-off workers back on the job if it goes through.

The Freeland boat yard stopped operating on Nov. 2, leaving roughly 150 employees jobless. Friday, the company filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court in Seattle.

The company has a tentative buyer lined up in Alaska, but the sale needs the approval of the bankruptcy judge, Nichols’ Seattle attorney, Marc Barreca, told the News-Times Monday.

Barecca described the Usibelli coal mining family of Healy, Alaska, as “the first bidder entity,” for Nichols Brothers. He said they are presently investors in the company. A call to Joe Uisbelli, Jr., president of Usibelli Coal Mine, Inc., was not immediately returned.

A hearing is scheduled for today, Nov. 21, in Seattle to determine if Nichols Brothers can get court approval to borrow money from another company owned by the Usibelli family. That could provide the capital to sustain what Barecca described as “the current smaller operations.”

In its bankruptcy filing Friday, Nichols Brothers President Bryan Nichols stated that the company currently employs 20 hourly and salaried workers and it is anticipated that after Dec. 1 that number will be reduced to 10.

The court filing blamed the company’s situation on “a liquidity crisis, stemming from its inability to borrow funds in the face of pending litigation from Hornbeck Offshore Services, Inc.”

The Louisiana-based Hornbeck has a $20 million claim against Nichols Brothers stemming from a boat contract dispute. Because of that lawsuit, Nichols has not been able to borrow money to stay in business.

Court documents list a number of other entities owed large amounts of money by Nichols Brothers. For example, Minette Bay Ship Docking of Kitimat, B.C., has a claim of $3.3 million; WTA of San Francisco, $1.5 million; and N.C. Machinery Co., Tukwila, $1.2 million. Further down the list of the top 20 creditors with unsecured claims is the Washington Department of Revenue, with $159,000 in back taxes. The California State Board of Equalization claims Nichols Brothers owes them $670,000.

The bankruptcy filing states that Nichols Brothers “has very little in the way of liquid assets ... minimal cash, and no ability to generate revenue on an ongoing basis.”

Nichols Brothers asked for the emergency hearing this week so it can meet its payroll at the end of the week.

If the hearing is conducted and the anticipated loan is approved, that won’t put the boat building crew back to work, but it will keep the company operating, Barreca said.

On a separate track, Nichols Brothers is working with companies who had orders under construction in the boat yard. All work stopped Nov. 2. “We hope to work out arrangements with customers that will allow some funding of a couple of jobs under way so employees can be hired back,” Barreca said. He couldn’t say when that might happen.

A separate hearing on the proposed sale of the boat yard is needed before the sale can proceed. Barreca anticipated that might take several weeks. “We haven’t filed that motion yet,” he said.



Bailey calls for special session on I-747
Whidbey News-Times
By Jim Larsen
Nov 21 2007

State Rep. Barbara Bailey, R-Oak Harbor, has lent her name to those calling for a special session of the Legislature to reinstate Initiative 747.

The initiative was ruled unconstitutional by the state Supreme Court earlier this month. Essentially, it limited taxing districts to a 1 percent increase annually in property taxes without a vote of the people. Prior to the initiative, the annual limit was 6 percent.

Bailey, speaking Friday from Everett where she was caught up in a traffic jam, said a special session is needed “to put back into statute what the people wanted ... the voters knew what they were voting on.” The Supreme Court’s majority opinion in the 5-4 vote said voters might have been confused by the initiative, which was sponsored by Tim Eyman.

Asked about the action last week by North Whidbey Fire and Rescue to raise taxes by 6 percent, contingent on the action’s ultimate legality, Bailey said that was the wrong approach to increasing revenue.

“If voters see the need to respond they’ll respond,” she said. “So add the 6 percent but let the voters decide.”

Bailey and other Republicans are petitioning Democratic Gov. Chris Gregoire to call a special session to address the I-747 issue. Bailey recommends Nov. 28 to 30 when legislators will be in Olympia for committee meetings.

Gregoire has suggested that the Legislature put the strictures of I-747 back in place, but she has not committed herself to a special session. The regular session opens in mid-January.



Absentee election goes smoothly
Whibey News-Times
By Paul Boring
Nov 17 2007

Although some purists rued the day that Island County elections switched exclusively to vote by mail, a handful of county employees were pleased with the less burdensome operation.

“It went pretty smooth,” said Michele Reagan, voter registration deputy. “We’re done counting the bulk of the ballots.”

Auditor Suzanne Sinclair said in March that the impending change was considered to help make the process easier for voters and less vulnerable to error, and to keep Island County voters on an equal footing with the majority of other Washington state voters.

As of Wednesday, 25,366 ballots had been counted with 46 provisional ballots and 65 ballots with signature issues waiting to be added.

“It’s very common for family members to sign each other’s ballots,” Reagan said. “It’s not fraud. Those ballots do get counted.”

The election saw a comparatively high turnout, with a 59.93 voter participation rate. The last ballots to count are for people who either forgot to sign their name or situations in which their signature did not match the county’s copy. People have until 4:30 p.m. on Nov. 26 to fix the ballot issue. The canvassing board will certify the results the following day, Nov. 27.

Three weeks before the election, voting centers were open in Coupeville and on Camano Island. On election day, voting centers opened in Oak Harbor and Freeland.

“We had quite a few people who brought their ballots in,” Reagan said, estimating that 10 percent of the voters opted to deliver their ballots in person and save the cost of a stamp.

Disabled access voting machine units were available at each station, but the voter registration deputy said not one person used them.

‘Superbug’ concerns lessen at South End schools
South Whidbey RECORD
Nov 14 2007

Swift action by the South Whidbey School District and Island County medical officials have lessened parents’ worries over the potential spread of the “superbug” skin infection called MRSA.

On Nov. 5, a 7-year-old Primary School student was diagnosed with methicillin-resistant staphylococcus aureus, a common staph skin infection that is resistant to some, but not all, antibiotics.

The child was treated and released to his parents.  No other cases have been reported in the county, said county communicable disease supervisor Amy Murdock.

County health officer Dr. Roger Case reported that MRSA symptoms in the community usually show up as skin infections, such as pimples and boils and occur in otherwise healthy people. He stressed that while the presence of MRSA in our communities is common, life-threatening complications are rare.

“MRSA is a collection of different staph strains that are resistant to some antibiotics and quite sensitive to others,” he said. “It is by no means untreatable.”

Case added that prevention is simple and effective.

“How can we prevent MRSA in our schools and elsewhere? Hygiene, hygiene, hygiene,” he said.

“Wipe runny noses, cover cuts, sores or any open wound with band-aids and always wash hands. It doesn’t take anything fancy — soap and water works fine.”

As soon as the South End student was diagnosed, the Primary School’s classroom, bathrooms and common areas were disinfected with a strong product called Hepastat.  Principal Jamie Boyd and school nurse Jill Workman met with three parents on Tuesday who were concerned that the disease could spread.  Many throughout Puget Sound have been concerned about MRSA in recent weeks.

On Oct. 31, Port Townsend schools shut down for several days when a case was reported there.

“Well-intentioned school officials recently lit the fuse on a media powder keg by triggering a school closure,” Case said. “We can solve problems by assuring universal access to high quality health care at the early stages of invasive bacteria infections.”

South Whidbey school officials contacted The Record early the next morning to report the incident and their response.

“I think people are beginning to realize this is a more common occurrence than the media has reported,” District Superintendent Fred McCarthy said. “While we are taking it very seriously, it’s business as usual at our schools.”

He added that parents are encouraged to contact their school’s principal if they have any questions.  More information about MRSA is available at www.doh.wa.gov/topics/antibiotics/mrsa/ or from the Center for Disease Control at www.cdc.gov/Features/MRSAinschools.


Nichols boat builders may return to work
Whidbey News-Times
Nov 07 2007

No promises have been made, but even Nichols Brothers Boat Builders President Bryan Nichols is optimistic that workers will be back on the job before too long.

"I'm in sales so I'm always optimistic," Nichols said Tuesday afternoon. "As a business person I'm very optimistic we'll have our doors opening again in eight weeks or less."

The company suddenly laid off its entire 250-person workforce Friday morning, causing great concern throughout the island. The tone of the announcement sounded to some like the company, founded in 1964, was closing its doors for good.

No company officials had talked to the press until Tuesday. Nichols said he's been busy talking to possible financial backers and trying to work out problems with a lawsuit filed by Hornbeck Offshore Services in a dispute over a contract.

Meanwhile, Matt Nichols, the company's chief executive officer, was in San Francisco Monday assuring customers there that the company has a future.

But it's too early to celebrate, Bryan Nichols indicated. "There's still a big hole there," he said of cash flow problems alluded to in the company news release Friday. "We're sitting in a hole we're trying to fill."

But the money problem seemed less troublesome than the lawsuit by Louisiana-based Hornbeck, which Nichols called "the toughest nut to crack."

Positive thoughts from the top have filtered town to community leaders, who now believe workers could be hired back as soon as Nov. 30, a date floated by the state Employment Security Department.

Sheryl Hutchinson, communications director for Employment Security, said Tuesday that Nichols Brothers just that morning had estimated in writing that workers might be unemployed only until Nov. 30.

"That's the most solid indication we have right now of the company's intent," she said.

Workers who qualify can start receiving unemployment benefits after a one-week waiting period, and in the case of a short layoff they don't have to look for another job. To apply online visit go2ui.com or call 1-800-318-6022.

Sharon Hart, executive director of the Island County Economic Development Council, was also optimistic Tuesday that Nichols Brothers workers would be back on the job soon.

"The official line is they're trying to reorganize," Hart said.

She met Monday in Oak Harbor with Unemployment Security representatives and others, including state Rep. Barbara Bailey and a representative from U.S. Rep. Rick Larsen's office.

"They're reorganizing and trying to reopen the door," Hart said.

Hart said she has also talked to a number of Nichols Brothers employees who are also optimistic. "People are pretty upbeat and think they will have a job," she said.

The EDC was planning to host an informational meeting in Freeland next week for Nichols employees, but that idea was put on hold at the request of the company's human resources department, perhaps because of the anticipated short layoff.

The picture for Nichols Brothers looked much bleaker Friday when the company sent out a brief news release, citing litigation and cash flow problems that "forced Nichols Brothers to make the difficult decision to close its doors."

Asked if she is now optimistic that Nichols will reopen, Hart replied, "Definitely."

Island County Commissioner Phil Bakke, whose district includes Nichols Brothers, said he had talked to Bryan Nichols, president of the company, and as a result he was hopeful South Whidbey's largest private employer will be back in business.

"As I understand it, they're trying to do some organizing and see if they can open up again," he said. "They've been down in Seattle all weekend. I'm always optimistic. I've got to believe they'll work their way through this."

Nichols Brothers has been in financial difficulties before. More than 20 years ago, a community fund-raising campaign put them back in business after they closed their doors.



Nichols Brothers lays off workers
South Whidbey RECORD
BY RECORD STAFF

11:01:54AM, Nov 02 2007

FREELAND — Nichols Brothers Boat Builders has laid off its entire workforce, employees said Friday morning as they left the shipyard.

Company officials declined to talk about for the sudden layoff, which caught many by surprise, but said information would be released at a later time.  The boatyard is the largest private employer on the South End.

In recent years, Nichols Brothers Boat Builders maintained a workforce of 200 to 250 employees on average. The company is Whidbey Island's third largest private employer.  Nichols Brothers Boat Builders has been on the island since 1964.

Matt Nichols has been president since 1972, when he and his brother took over running the company from their father, Archie Nichols. The company is now in its fourth generation. Matt Nichols' son, Bryan, works alongside his father as president of the company.

The company builds a variety of vessels ranging from yachts and tugs to small ferries.

This year the boatyard worked on a 325-passenger car ferry for Pierce County. Nichols Brothers also worked on the Grand Luxe, a 230-foot tour boat that will be used as a floating art gallery and sail between 34 cities on the East Coast.

Nichols also has contracts to build three ocean-going tugs.

Earlier this year, the company submitted a proposal to build ferries along with other Puget Sound shipyards for the Washington State Ferries.


Rate your own wetlands
Whidbey News-Times
Oct 31 2007

The final round of Island County Planning Commission public hearings on the proposed wetlands ordinance, which has not been updated since 1984, will be held in the coming weeks, providing residents the opportunity to again sound off on the new draft ordinance.

Residents will also find out exactly what the planning department has been up to since its last offering of workshops.  A third mailer designed to edify the lay person and keep them abreast of any draft ordinance changes will be arriving in county mailboxes this week.

“This tells people what we’ve been doing since the hearings in May,” said Planning Director Jeff Tate. “It let’s them know what’s changed.”

The workshops held over the summer generated reams of public comment. Tate and his staff synthesized the input and made changes to the previous draft ordinance.

“It is in principle very similar to the draft people already have, but we’ve made adjustments based on what they said,” the planning director said.

The new draft ordinance will be available starting tomorrow at www.islandcounty.net/planning/caupdates.htm. Hardcopies will be available at the planning department and upcoming county planning commission public hearings.  After three November informal workshops and pubic hearings, the planning commission will deliberate in December and ultimately decide whether to recommend to the Island County Commissioners that they pass the ordinance.  Tate said the changes in the new draft are not substantive and therefore difficult to highlight specifically. However, a few themes emerged from public comment and were included in the modifications.

“It became clear to us in May and June that we hadn’t adequately communicated the difference between agricultural and environmental issues,” Tate said.

A county-developed agriculture program was adopted in May 2006 and is currently being appealed. The wetlands ordinance is separate from the agriculture ordinance and deals primarily with construction and development.

“To make it clear we made two separate ordinances,” Tate said.

An identification guide that can be used by the average landowner was sent out in May, providing a comprehensive crash-course in determining the category of wetland. Tate said the new one that will be mailed is even more user-friendly. Deviating from the Department of Ecology’s wetlands classification system that assigns grades of one to four, a number that must be ascertained by a hired biologist, Tate said the process was simplified.

“We wanted to be able to say, rather than hire a biologist, take this guide and use it,” he said. “We will double-check later on, but we want people to be able to rate their property themselves. And we want to use words, not numbers.”

Planning staff embedded flexibility and options in the draft ordinance.

“People in Island County have a great knowledge and understanding of environmental issues,” Tate said. “The landowner needs to be involved with what is happening on their property. We want to work with them.”

Adding more pliancy to the ordinance, property owners have the option of participating in the Rural Stewardship Plan, which is essentially a contract between the county and landowner that establishes a more site-specific regulation on the property.

“This recognizes that there are other things you can do on your property,” Tate said. “You start working on a management plan for your own property. It provides options. We’re recognizing that Island County is not ‘one size fits all.’”

The new draft does not change any of the buffer regulations. It does, however, include information about the Public Benefit Rating System, a program that provides tax breaks for property owners who perform work on their property.

“It’s a sliding scale that depends on how much you do,” Tate said.

Dangerous bat cave sealed for safety
Whidbey News-Times
By Paul Boring
Oct 27 2007

The memory of Matthew Hubner lives on in those who knew the 13-year-old Oak Harbor boy and in the travelers who are introduced to him for the first time on Pass Island, where a bench perched on a breathtaking vantage point bears his name.

Hubner was killed in May 2006 when he slipped while trying to access a cave northeast of Deception Pass Bridge. He fell 150 feet to the water below and attempts to recover his body were in vain.

Almost a year-and-a-half later, the historically-romanticized cave that attracted Hubner and many other hikers to its entrance on the treacherous rock face was effectively sealed off Tuesday night.

A crew of three highly-trained, acrophobia-immune workers from Sedro-Woolley’s Buckhorn Construction installed a “bat gate,” aptly-named grating that will allow Townsend’s big-eared bats access to the cave while dissuading spelunking. The rock shelf in front of the entrance will also be inaccessible with the addition of what Jack Hartt, Deception Pass State Park manager, called a “cow catcher.”

“There’s no place to comfortably sit or stand up there anymore,” Hartt said. “The crew did a great job. They finished it in two days and it’s done and effective.”

Shortly after the accident, the knee-jerk reaction was to completely seal off the entrance. The plan changed when the Department of Fish and Wildlife and other local experts determined that the cave is home to Townsend’s big-eared bats. The species hibernates in the cave during the winter.

“It’s perfect timing,” Hartt said. “It just finishes the project.”

Rare raptors have also been known to use the cave and similarly need protection at certain times of the year.

Hubner’s parents had the bench at Pass Island installed in memory of their son. With the new gate serving as a deterrent for other curious hikers, closure is now attainable.

“I’m so pleased, not only for the park’s sake, but for the family’s sake, and for the community’s sake,” Hartt said. “Nobody needs to go up there now.”

Installing the grating was no small feat. The Buckhorn crew, all professional climbers skilled in the specialized work, accessed the cave from the top and lowered the material by rope.

“That’s where they earned their money,” Hartt quipped. “They did it piece by piece. It was not easy. That’s thousands of pounds of grating plus all of their tools. It was fun to watch.”

In spite of repeated safety warnings, Hartt has observed tell-tale signs of activity around the cave since Hubner’s death. Hiking to the impressive 8-foot by 10-foot opening, which led into the natural cave expanded in the early 20th century for mining, was not illegal. Park officials could only caution people and the mere thought of another tragedy was terrifying.

“I’m so relieved this is done,” the park manager said.


Season’s first major storm leaves thousands without power
South Whidbey RECORD
Spencer Webster
Oct 20 2007

It was Mother Nature’s test of how well islanders had done their homework since the storms of last year wreaked havoc on Whidbey Island.

The first big windstorm of the season hit the Puget Sound Thursday afternoon, leaving at least one man dead and more than 150,000 Puget Sound Energy customers throughout the region without power.  When the brief but powerful storm touched down on South Whidbey, some islanders were better prepared than others. And some knew just what to say.

“Oh, no, not again,” said Jason Tanner of Clinton.

Tanner was in downtown Langley, arms full of groceries, trying to keep his car door open and his dog inside.  Winds had kicked up on the South End around 2 p.m. and large parts of the island were without power by 4 p.m.  While some people had anticipated the storm and stocked up on batteries and generator fuel in advance, others made a run for necessities at the last minute.  Lines at the only two South End gas stations that still had power were long.

At about 5 p.m. Thursday, Ace Hardware in Freeland had two cashiers busy with long lines of customers.

“It’s the usual run on batteries, lanterns and propane,” Ace employee Kristi Ingram said.  Ingram said the power had gone out at the store about an hour before; they also had sold quite a few generators already.

“I’d say it was upwards of six generators at this point,” she said.  Ingram noted that the small rush was typical of times when the power goes out.

“It’s been a little crazy,” she said. “But, we’ll be open as usual until 7 p.m. Or at least while supplies last.”

In Langley, people had the same idea.

Star Store checker Megan Malecki said the usual must-have items were flying off the shelves — batteries, flashlights, candles. They were also selling lots of hot coffee, she said. Star Store owner Gene Felton was hoping power would resume quickly. The store had been hit hard by last year’s power outages and the business had to throw away thousands of dollars’ worth of food when freezers and refrigerator units warmed up.

Experience helped keep him calm.

“I can go about 24 hours with the freezer doors closed before there’s a real problem,” Felton said.

On First Street, the sun shone and the wind had abated enough by 4:30 p.m. for folks to window shop.  Undaunted by the power outage, Virginia LaRue was busy selling antiques to Kris Hodge and Gretchen Dawson of Bellevue.

“Power’s out and Virginia’s open and ready for business,” LaRue said with a grin.

Hodge said workers were installing tile at her new home in Maxwelton Beach and decided to go shopping.

“It was time for some antiquing and that’s why we’re here,” Hodge said.

The southern and western shores of Whidbey appeared to be the hardest hit.  Fallen trees blocked a number of roads to traffic, including Sunlight Beach Road, where people walked around “Road Closed” signs to look at the trees that had fallen.

“I came down to check on a howuse my dad just remodeled,” Lauren Coleman said.

Coleman was relieved to see that the locust tree that fell over in the yard only hit the corner of the waterfront home and did not cause major damage.

“He’s going to be happy it didn’t hit more than just the gutter,” she said.

“It was just in ‘Northwest Home & Garden’ magazine, so it’s a good thing they took the pictures before this,” Coleman added.

Many streets in Scatchet Head turned into obstacle courses.

“I could feel the bits of wood from tree limbs hitting the car under my feet as I drove up Swede Hill Road,” Mary Centa said.

“I just went as slow as possible but still couldn’t seem to dodge all the junk out there.”

Some neighborhoods, just a few blocks down the road, seemed calm and unscathed. Even so, power was out until about 9 p.m. for much of Scatchet Head.  One of the longest reported outages was about 17 hours. Lights didn’t come back on until early Friday morning in some homes near Bayview.   PSE spokeswoman Gretchen Aliabadi reported 4,400 Whidbey customers lost power Thursday.  As of of 11 a.m. Friday, two work crews were still attempting to restore service to 190 homes in the Langley area.

“The problem boils down to trees and tree limbs falling on transmission lines,” Aliabadi said. “There is a cascadew effect where the damage causes the power to go out at a substation and then down the line.”

Storm-caused outages have driven South Enders to complain that Puget Sound Energy didn’t do all it could to prevent the sort of problems that happened last winter.  Not many were complaining about Thursday’s storm; it paled in comparison to last year’s big blows.  After Whidbey was hit by a number of smaller storms and power outages last year, a deadly windstorm blew in on the evening of Dec. 14.

The National Weather Service in Seattle said the Hanukkah Eve Wind Storm of 2006 caused 15 deaths. Almost 1.5 million people lost power, including 750,000 PSE customers and all of Whidbey Island.  Through the winter there were several storms that caused blackouts that lasted from several hours to several days.

PSE spent the summer sending crews out trimming or cutting trees suspected of potentially falling.  This time around the storm was fairly typical tropical disturbance from the Pacific Ocean, said Dennis Damico from the National Weather Service in Seattle.

“The highest gust recorded on Whidbey Island was 49 mph at NAS Whidbey though sustained winds were about 35 mph throughout the region,” he added.

However, Damico said the highest gust recorded on the mainland was 59 mph southeast of Everett — just across the water from Clinton.  The National Weather Service in Seattle had issued a high wind warning Thursday morning while the low-pressure system that caused the storm was still 130 miles off the coast.

One death was reported in the region; a kite boarder died on Lake Washington near Kirkland late Thursday.  The highest winds were reported late Thursday afternoon. That’s when work picked up for first responders. For Fire District 3, things were quiet until an hour into the storm.

At that point, they began to receive calls about power outages and trees on power lines.

“On the screen, it looked like we had four to six calls but some of them were multiple calls for the same event, such as for Sunlight Beach Road and Saratoga Road,” said Assistant Fire Chief Mike Cotton. By 5 p.m., the call volume decreased even though Cotton was still driving from one end of the district to the other.

“The calls have died down but the wind seems to be blustery still,” he said.

The district prepares for weather events when it gets advance notice, Cotton said. Thursday’s wind storm was no surprise.

“We have an emergency plan. When we have advance warning of a windstorm or an up-and-coming storm like this, we’ll make sure that our propane tanks are full, our generators are operational,” he said. “We double check to make sure all our parts and pieces are in place and we wait and see what happens. That is what we do in addition to the prepared status that we are already in.”

The city of Langley has also made improvements since the last storm season.

In the aftermath of last winter’s storms, the city of Langley began a emergency preparedness review.

City Administrator Walt Blackford, who has been a guiding force behind Langley’s emergency preparedness efforts, said the city had a back-up communication system installed at city hall that enables them to stay in touch with the county, firefighters and police.  The city of Langley, along with St. Hubert Catholic Church, United Methodist Church and Christian Alliance Church leaders, had initially considered purchasing a generator that would provide enough back-up power to keep business and life in Langley going. The high cost of the generator soon killed the plan.

Installation and other costs would have exceeded $30,000, Blackford said.

“We got together and said, let’s plan what we can do without a generator,” Blackford said.

Lynn Sterbenz, Langley’s emergency planning coordinator, and representatives of the Langley churches had just wrapped up a planning meeting shortly before the storm hit.

“Here we are developing a plan and we know things could happen as early as this evening,” Sterbenz said.  She said while planning isn’t finished yet, members were convinced they could handle a multi-day outage or snow storm.

“Even though our plan is not completed, we have a very good idea in our brains and we could pull it together,” she said.

The city and church leaders have been working on a plan for an emergency shelter for the past six months. They expect to have a final strategy completed by the end of the year.

“We’ll tailor it to the emergency. Every (church) location has specific resources. We want to take it cases by case,” she said.

Sterbenz also invited people to volunteer and become part of Langley’s emergency planning efforts. Meetings will be held at 7 p.m. Tuesday, Oct. 23 and 10 a.m. Saturday, Oct. 27 at city hall.   While most locals coped with the first test-run for the season by trying to get home and wait out the storm, South Whidbey High School athletes proceeded with their practice.

Falcon football coach Mark Hodson said a little wind wouldn’t bother the undefeated Falcon team.

And he predicted another storm to hit the mainland Friday.

“Cedarcrest High School can expect a tornado when we arrive tomorrow night,” he said.



Larsen backtracks on genocide bill
Whidbey News-Times
By Jim Larsen

Oct 20 2007

Reluctant to offend Turkey, Second District Congressman Rick Larsen, D-Lake Stevens, has withdrawn his co-sponsorship of a bill that would describe Turkey’s treatment of Armenians in the early 1900s as “genocide.”

Larsen was one of more than 200 co-sponsors of the House bill, which was backed by the Democratic leadership. But after Turkey, a NATO ally of the U.S., made its virulent opposition known, Larsen joined a number of other Congress men and women in backtracking.

“Turkey has been a key NATO ally for 55 years, and is currently working with the United States on a number of important issues. We need to hold the perpetrators of genocide accountable, but this is not the right time for this resolution,” Larsen said in a statement released Wednesday.

Hundreds of thousands of Armenians were killed as the Ottoman empire dissolved during World War I. Armenians claim it was genocide, while Turkey describes it as a tragedy of the times.

As of Thursday, the proposal had not come up for a House vote. Turkey declared that passing the bill would harm relations with the U.S., which needs Turkey’s help with the Iraq situation.

Also this week, Larsen called for his colleagues to help override a veto by President Bush of legislation to preserve health care coverage of millions of children currently covered by the Children’s Health Insurance Program, and extend it to millions of other children in families with higher incomes. In vetoing the measure, Bush called it too expensive.

According to estimates from the Washington State Department of Social and Health Services, the president’s veto of The Children’s Health Insurance Program Reauthorization Act of 2007 (H.R. 976) could mean that thousands of children in Island, San Juan, Snohomish, Skagit and Whatcom counties won’t get the health care coverage.

In Island County, approximately 338 children may not receive the health care coverage. In Skagit County 835 children may not receive the coverage, and in Snohomish County 963 children could be affected.

The House voted on Thursday and failed to get the two-thirds necessary to override the president’s veto.


Festival is a bust for parks district; District won’t see expected share of revenues from event
By RECORD STAFF
Oct 03 2007

Revenues for the first Island Festival were far below earlier estimates for the three-day concert series, and officials from the South Whidbey parks district said they aren’t expecting to see an influx of money from the event.  The festival, a for-profit venture held in late July on public land at Community Park, did not pull in more than $50,000 in its inaugural year, district officials said.

Concert promoters had earlier told the district that gross revenues in the first year of the festival would top $136,000.  Although organizers of the event have not yet provided a long-overdue financial report on festival revenues, parks district commissioners said they weren’t expecting to collect a portion of ticket sales or vendor fees.  Island Festival organizers paid the district a $5,000 deposit before the festival.

But after spending $3,900 to repair park land damaged by the concert series, the district said the $5,000 deposit would likely be more than the district’s share of gross revenues — 10 percent of gross revenues for ticket sales and vendor fees.

“We’re clear with Island Festival on all financial arrangements,” said Terri Arnold, director of the South Whidbey Parks & Recreation District.  Arnold said the event brought in “substantially less” than $50,000. She said festival organizer Jacob Mosler was still working with his accountant on festival finances. Arnold said district employees observed less than 300 people at the event.

“For our records, we know we’ve gotten what we’re going to get out of him,” she said.

The parks district will have little, financially, to show for hosting the event, which meant the complete closure of Community Park and the sports complex to the public for three days. The event also subjected the district to criticism after commissioners received multiple complaints about noise, drugs and alcohol at the festival.

While some of the complaints were exaggerated — one neighbor likened the festival to the “Woodstock of the West” — district commissioners took the concerns to heart and imposed new, restrictive conditions for any future Island Festival at their meeting two weeks ago.  Those concerns were outlined in a letter sent Friday to festival promoters Mosler, Drew Elliott and Martha Smith.

The restrictions included a ban on alcohol and camping, a 10 p.m. noise curfew and the requirement to keep the playground, skateboard park and picnic shelter open at Community Park during next year’s festival.

Commissioner Allison Tapert said she hopes the new rules are not a deal-breaker for the organizers.

“But I can see how it would change the festival drastically,” she said.

Some changes are absolutely necessary, Tapert said.

“The one mistake was definitely the alcohol,” she said.  The organizers added the request late in the game and Tapert regretted that there wasn’t more time for public input on such an important decision.

“The organizers came more or less at the eleventh hour with the alcohol policy change,” she said.

Mosler, the main promoter of the event, did not attend the commissioners’ last meeting where the new restrictions were approved. He reportedly was in New Jersey working on a motion picture.   Mosler declined to comment on the festival or the parks district Tuesday.

Years in the making

Along with Drew Elliott, Mosler came up with the idea for Island Festival in 1996. The pair spent years visiting hundreds of festivals, working and volunteering at some, to see how such events were put together.

Development of the Island Festival began in 2001, according to parks district records. Mosler and Elliott said they wanted to pattern Island Festival after other music- and art-based festivals in the West, such as the High Sierra Music Festival in Quincy, Calif., the Oregon Country Fair in Veneta, Ore., and the Telluride Bluegrass Festival in Telluride, Colo.  Organizers said Island Festival would be unique in Puget Sound because it would offer camping, something the region’s major music festival — Bumbershoot in Seattle — didn’t.

Mosler and Elliott also said the festival would “provide jobs and a boost to the economy,” according to an early proposal submitted to the parks district.

Indeed, the ripple effects on the local economy were heavily underscored by Mosler and Elliott: “It should not be understated how great of an economic impact can come from an event of this nature.”

This year’s Island Festival wasn’t what local businesses had hoped for,  however.  About a month before the event, organizers talked to merchants at the Langley Chamber of Commerce breakfast about the traffic the festival could bring to town. But visitors stayed away that weekend.  Nancy Rowan, executive director of the chamber, said business owners told her that business that weekend was w slow.

“It was probably the weather,” Rowan said.

Rowan added that business owners had reported outstanding revenues during Choochokam weekend a week before the festival, and also reported good business during the weekend after when the Ragnar Relay raced through South Whidbey when the weather was great.

Organizers told district officials the target market for the festival would be people in their mid-teens to mid-40s and beyond. The long-term vision was to create something that would grow each year to become a sell-out event before the gates open, with a festival that would eventually draw 8,000 to 10,000 people to the venue.

Revenues for the park district itself were estimated to hit $27,500 in its first year, according to the 2005 proposal for the event.  But organizers of the event also expected to cash in, estimating gross revenues to hit nearly $1 million by the fifth year of the event.  According to a spreadsheet of revenue projections for the years 2007 through 2011, festival officials expected to pull in gross revenues of $136,911 in the first year, and more than $933,000 in gross revenues by the festival’s fifth year.

Attendance would also climb from 1,300 in the first year to 5,000 in 2011.  Ticket prices for a three-day pass would rise, too, from $80 in the first year of the event to $145 in the fifth year.  It now appears that a camping ban would be the death knell for the Island Festival.  Camping was always the draw that differentiated the festival from other concert offerings in Puget Sound, according the documents reviewed by The Record. And three-day passes, which would allow concert-goers to camp out during the entire festival, were always projected to be the biggest part of the revenue stream for Island Festival, accounting for more than half of total revenues every year.

That said, financing to create the Island Festival has always been tenuous, according to e-mails to the district from the event organizers.

The 2005 festival was pushed back to 2006, organizers said in March 2005, so they would have time to adequately market the festival and book talent. And in 2006, investors backed off after the production budget doubled, and the promoters told the district in April of last year that the inaugural event would be postponed for another year.

Did the district get its due from this year’s festival? The district has not yet received its full financial report from the promoters, although it was required by the contract for the event and Mosler promised it to commissioners before the district meeting on Sept. 19.

Tapert said she hadn’t seen a financial report from this year’s festival.

“It’s fairly clear that they didn’t make any money,” Tapert said, adding that she still wants to see a financial report.

Commissioner Jim Porter agreed.

“Obviously it makes sense to see results,” he said.

Porter said it’s not out of the question that South Whidbey parks could be venues for future for-profit events. Island Festival has been a learning experience, he said.

“We have to review these things as time goes on. It’s a public facility. It is taxpayer generated. We have to be sensitive to that,” he said.

The promoters also tapped parks district employees to help out with the festival.

According to the park director’s report on the festival, the first two set-up days required quite a bit of staff assistance, with parks workers directing delivery trucks, helping find electrical outlets and handling other festival-related chores.  Arnold said the district was not compensated for the staff assistance that public employees gave to Island Festival before, during and after the event.

But Arnold also said that was not unusual.

“We’re already here working. It would be help we would offer anybody who would be putting on an event out here,” she said. “It wasn’t additional staff time.”

District workers who came to the festival on the weekend were on their own time, she added.  The district was supportive, Arnold added, and did what it could to help make the festival a success.

“With the limited staff we had, we did everything we could for them,” she said.

The festival itself was quite ambitious. It had more than 30 acts, including headliners such as Michelle Shocked, on two stages, plus other activities spread out across the expansive Community Park.

Still, the festival was heavily marketed off the island, and very few posters were seen on the island.

“I saw very little marketing on-island, and at the concert I saw very few islanders,” Tapert said.

Also, Tapert said the ticket prices were rather high and that may have kept some locals away.

Organizers tried to draw mainland concert-goers to the festival with YouTube promotional video the boasted “Seattle to the fest” in 85 minutes, showing a young man walking aboard the ferry in Mukilteo and taking Island Transit to the concert site after he landed in Clinton.  The festival also had its own MySpace page.

Even so, attendance appeared to be lower than 300 attendees. Promoters blamed the dismal weather; heavy, almost non-stop rain drenched the three-day festival.  While some in the community praised the organizers and the event — including its impressive line-up of entertainers — others said the festival was too loud, or the tickets, too expensive.  And others complained about a for-profit event on public property, one that left parks closed to the taxpayers who helped pay for them.

Porter said he only attended the concert for an hour or so, but during his stay he didn’t observe any violations of the agreement between the district and the organizers.

“When I was there I didn’t see any abuse. It seemed well controlled,” Porter said.

“However, the complaints from the public that came in after the event were taken serious and the commissioners had to respond to them,” he said.

Tapert said she, too, attended the festival.

“It was pretty empty. It was disappointing to see so few people,” Tapert said. “But the music was great.”

Keeping the park open for the public is also important for the commissioners. Still, Porter and Tapert said allowing events is a good way to generate some revenue for the park district to fund their own programs.

“I always want to keep the park open. You always want the kids to be able to play on the swing set and the skaters to skate in the skate park,” she said. “That’s obviously a concern.”

Some problems were noted beyond closing park lands to the public.

Parts of the property were damaged, but actual turf damage was minimal and nothing permanent, Arnold reported. A van had left deep tire tracks when it tried to drive up a slope, and the grass was trampled or turned yellow in other areas because of tents and stages.  Despite neighbors’ complaints about alcohol and drug use, off-duty sheriff deputies who helped provide security for the festival noted no major problems.

According to an e-mail from Lt. E. Tingstad of the Island County Sheriff’s Office, there were no reports of intoxication, assaults, disorderly conduct, theft or other criminal activity. The only complaint came after a teenager was seen lighting bottle rockets.  District employees also said the bathroom buildings in the park were heavily used, instead of the portable toilets that were brought in for the festival. The restrooms were messy all weekend, some ran out of toilet paper, and district officials found no evidence that a janitorial crew had been assigned to clean up and stock the facilities.

Some food vendors at the event also did not get their required food-handlers cards until the day before the festival started, according to the Island County Health Department.  If the festival wants to return, Arnold said a new round of contract negotiations would need to occur.

“We recognize that the contract would need to have additional conditions,” she said.

Arnold said she still supports the use of Community Park for concerts, adding that it means variety for a facility that typically sees mostly athletic events. The idea for Island Festival may have been a little too ambitious, she added.

“I did feel it was a just a little bit too much they bit off in that first year.”

“If it could be scaled back and held within noise ordinances, I would still be very open to having it in the park,” Arnold said. “It has to be something the community can bear.”

Arnold said the first year is always bumpy for special events, and she said she has seen many first-time events that never returned for a second year.

“I really do think they could still do the festival, it would just be scaled back. If they can’t get their head wrapped around that, then they’re going to have a hard time,” Arnold said.


Currents run deep

Whidbey News-Times
By Paul Boring
Sep 26 2007

Tidal energy in Puget Sound could become a reality if studies already underway prove its economic viability and consequent negligible environmental impacts.

The Snohomish County Public Utility District received permits from the Federal Energy Regulatory Commission this spring to study seven sites in Puget Sound for tidal energy, including Deception Pass and Admiralty Inlet... For full story, click here.


Maybe the Island County Planning Department can help?  Just "About Town's" thought...
Cort resigns during growth plan review
South Whidbey RECORD
By MICHAELA MARX WHEATLEY

Sep 19 2007

LANGLEY — Langley city planner Larry Cort has resigned after less than a year at city hall. The surprise resignation comes as the extensive review of Langley’s growth plan is heading into the homestretch.

“I tendered my resignation from the city last Friday, effective Oct. 15,” Cort said. “Nothing sinister or anything, just a decision by my wife and me to relocate to Seattle.

“She started a new job there at the beginning of the month,” he added.

Cort replaced Alice Schisel, who quit Oct. 31, 2006. He started work Dec. 11 and has been involved in many high-profile projects, including the finalization of plans for Fairgrounds Road, work on waterfront development and the rewrite of the city’s comprehensive plan for future growth.  He also helped get the historic preservation program in Langley under way and did much of the analysis for banning float planes and jet skis at the city marina.

Mayor Neil Colburn said losing Cort is a big loss.

“I accepted his resignation with great regret. He is an outstanding professional and he is an outstanding person,” Colburn said.

Colburn said he asked Cort if the workload resulting from the comp plan review and Langley’s building boom had factored into his decision to leave, but Cort insisted it was a personal decision after his wife found a great job on the mainland.

“You can’t blame him for putting family before his profession,” Colburn said.

The comp plan group is trying to hit an Oct. 19 deadline for state review of the first draft of the rewritten growth plan, the document that will guide growth and development in the city for the next two decades. Cort is the leading author of the document.  Colburn said he hopes Cort’s departure won’t affect the process too much.

“We can’t delay it very long. The deadline for submittal is the deadline for submittal,” Colburn said. “Hopefully, we’ll have it done when he leaves.”

After Cort’s departure the city won’t be completely without help in the planning department. Fred Evander, who was recently hired as Langley’s junior planner, will continue to work for the city.

For Cort, however, leaving will be tough. He spent most of his career on the island.

“I actually grew up here, in Central Whidbey, left after graduation and returned as planner for Coupeville in 1996,” he said.

Cort made $63,000 annually, according to the city budget.  Details on the process to replace Cort were not available earlier this week.



Bakke jumps on board
Whidbey News-Times
By Paul Boring
Sep 12 2007

Only tumbleweeds blew through the halls of the county courthouse Monday afternoon. Newly appointed Commissioner Phil Bakke was being sworn in and it was the hottest ticket in town.

Judges Alan Hancock and Vickie Churchill held court at noon to administer the oath of office to whom Hancock referred to as “a splendid young gentleman.” Bakke was appointed to the District 1 position last Wednesday by Commissioners Mac McDowell and John Dean to replace Mike Shelton.

“Phil has emerged from a strong field as the appointee of Commissioners McDowell and Dean to replace Commissioner Shelton,” Hancock said. “And goodness knows he has big shoes to fill.”

At 36, Bakke is already a seasoned veteran in Coupeville, having worked 12 years for the county. He vied for the commissioner position in a pool of three Republican candidates that, in addition to himself, included Auditor Suzanne Sinclair and real estate professional Reece Rose. Sinclair, along with what looked like half of the county’s employees, was in the audience Monday to wish Bakke well in his new political endeavor.

Hancock said he and the former planning director share “a love of learning.” Both men attended Western Washington University and completed graduate studies at the University of Washington. Albeit at different times, Hancock reluctantly pointed out.

“Interestingly enough, at Western we both had a fascinating man by the name of Tom Downing for a philosophy professor. Oh, all right it was 30 years apart,” the judge quipped.

The Superior Court judge was quick to heap praise on the new commissioner and remind Bakke of his new responsibility and accountability to Island County citizens.

“In any event, Phil, you have all the tools to step into this awesome responsibility, and it is our confident expectation that you will faithfully serve as county commissioner with courage, wisdom and foresight, always remembering that you are called to serve the public to which you are accountable,” he said.

Trading his jeans and tennis shoes for a suit and tie, Bakke expressed his gratitude to the throng of supporters who used their lunch to witness the swearing in ceremony.

“It’s an honor to be here,” he said. “I’m humbled by the confidence and respect that I’ve received from the community.”

He went on to applaud the high caliber candidates he interviewed alongside during the appointment process and made it clear that his baptism will be of the fiery ilk.

“I think this will be one of the shortest honeymoon periods ever known,” Bakke said with a laugh. “I know everyone will be patient and work with me and I want to work with you all to try and make a difference for Island County.”

After taking taking the oath of office and signing the requisite papers, the courtroom exploded in applause and the new commissioner addressed the crowd with a grin.

Monday was Bakke’s first day on the job. Battling jitters as he began to view county intricacies from a different perspective, the former planning director was honored to play a part in promoting his longtime second-in-command, Jeff Tate.

“One of my first actions this morning was to make a motion to appoint Jeff planning director,” he said. “That was pretty neat.”

Tate was appointed temporary director last Thursday. The commissioners unanimously voted to install him permanently in the position Monday.



Planning chief to replace Shelton
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Sep 08 2007

COUPEVILLE — Hallways around the county campus were buzzing with speculation Wednesday about who the new commissioner would be.

At 7:05 p.m., the wait was over. Commissioners John Dean and Mac McDowell appointed Phil Bakke, the county’s planning director, after a closed-door executive session that lasted only roughly 15 minutes. 
Bakke replaces South End commissioner Mike Shelton, who left the county for a job in Olympia on Sept. 1.

“It’s an honor,” Bakke said after the commissioners announced their decision.

“The position is very important, it affects a lot of people’s lives,” Bakke said, on issues ranging from health, to land use, to public safety.

Prior to the announcement, the board of county Commissioners quizzed Bakke and two other candidates, Auditor Suzanne Sinclair and GOP activist Reece Rose, for about 15 to 20 minutes each.  A crowd of roughly 60 watched the interviews, and the audience included county workers and other elected officials such as the county treasurer and assessor. Organizers of the meeting were unsure how many people would attend, but a secondary seating area set up in an adjacent hallway wasn’t needed.
The protest planned by critics of Bakke never materialized.

South End activist Marianne Edain had circulated an e-mail before the meeting asking members of the audience to use “body language” or hold up signs to pressure the commissioners to pick Sinclair over Bakke. No one did, however.  Dean and McDowell took turns asking the same set of questions, and candidates were interviewed separately so they could not hear each other’s answers.

Sinclair appeared relaxed and often looked into the audience as she answered questions, many of which had been submitted by the community.  The commissioners wanted to know from the candidates how they would represent a “greener, more progressive” South Whidbey constituency.

“Being green and and being Republican are not mutually exclusive,” Sinclair said.  Serving people with different ideas on how the environment should be treated is a matter of communication.

“It’s a matter of listening with an open heart and an open mind,” she added.

Rose, who was widely considered the most conservative candidate among the three applicants, echoed Sinclair’s words when it was her turn.

“I am just about as green as you can get,” Rose said. “We live on acreage. We feed our wildlife, we enjoy our land... we love the rural lifestyle.”

One of Rose’s main priorities would be to keep the island as rural as possible over the coming decade. She said she wanted to preserve the rural character and lifestyle that attracts many to the island.

Bakke said being green was not a partisan issue.

“I consider most of our residents progressive,” he said.

Commissioners also asked about the candidates’ takes on the effort to make Freeland a city.

“I think there is a desire for changes in the planning process without losing the quality of live,” Sinclair said.  However, she said not all Freelanders want cityhood.

“I don’t observe a great desire to incorporate either,” she added.

Rose said she hadn’t been actively part of the incorporation discussion and meetings.

“I think there is a lot of interest in becoming a city,” she said.

Bakke, as the planning director, was familiar with the topic like no other candidate.  Due to his job he has been directly or indirectly involved with the 77, and counting, public meetings on the issue.

“The process was driven by the community,” he said.  He credited Freelanders with their dedication and ownership of the process and said he would be supportive if Freeland wants to become a city or doesn’t.

“The cry was not to move forward, but to fix flaws and problems and move forward,” he said.

The interviews were informal; the candidates joined commissioners Dean and McDowell at a small table set up in front of the commissioners’ dais.  The biggest laugh of the night came when Sinclair was asked by Dean if she knew where Camano Island was located.

“Yes,” she said, adding, “And I can name roads.”

The informal tone continued when the commissioners asked about the candidate’s goals.

“I am tempted to say ‘survive,s” Sinclair joked.

She quickly added she planned to lay the groundwork for a full term as commissioner in 16 months and to focus on the budget.

Sinclair admitted to not being a land-use expert, even though land-use and growth is often considered the most pressing issue in Island County.  She said affordable housing was one of her top priorities.  As one of her top three priorities, she named managing the growth that is coming. Other priorities included dealing with possible decline of county revenue as the housing industry slows.

Rose stressed during her interview that communication between government and the community are vital to getting things done and noted that she had spent a lifetime practicing these words.

“I believe in community and I believe in always working on making it better,” Rose said.

She named the state of emergency preparedness and police protection in the county as a prime concern.  She recalled an incident a few years back when a county employee was attacked by an angry customer and the sheriff’s office wasn’t able to provide security.

“If that was the case, what chance did the lady down the road have?” Rose asked.

Rose also pointed to growth management as one of her top priorities.

“Our main objective is to allow for needed growth without really changing our rural lifestyle,” Rose said.

Bakke said his goal for his 16 months in office focused on “becoming part of the team,” getting the county’s critical areas regulations finalized, and working with central services on technology issues for the county.  And though the Fairgrounds Road battle is over, Bakke said there is more work to be done with the Island County Fair Board to help the fair’s future be successful.

Commissioner Shelton had been the mediator between Langley and the fair during his time on the board, and Shelton also brokered the deal that lead to the end of the 20-month-long conflict. Bakke will likely become the go-between now between fair officials and their critics..

The reoccurring theme of Bakke’s interview was enhancing community relations.

“I am starting to sound like a broken record,” he said. “But there are issues with the community having trust with the county. It has to do with communication.”

For his priorities, he cited keeping the county budget in check, managing growth and maintaining the level of county services as the population grows.

Neither Dean nor McDowell took notes during the interviews.  The commissioners left the meeting room for a closed-door executive session in the county’s Emergency Operations Center while the crowed chatted and offered predictions on who would get the job.  When the commissioners reemerged, they quickly announced their decision.

Bakke’s father, Inguar Bakke, was in the audience to see his son appointed and Sinclair was one of the first to congratulate the new commissioner after commissioners announced their pick.  The announcement was the culmination of the two-month process to replace Shelton.

Shelton announced plans in mid-July to step down as commissioner, a post he has held for 15 years, to take a job in Olympia as executive director of the Washington Counties Insurance Fund.  Plans for a mid-day swearing-in ceremony in Coupeville are being finalized, Bakke said Thursday. His appointment became effective Sept. 7.

Bakke has worked for Island County for 12 years, the last eight as director of the county planning department.  Bakke said Jeff Tate, the planning department’s assistant director, would likely become the interim director of the planning department.

“He is the most logical choice to be appointed,” Bakke said. “He certainly is the most capable. There won’t even be a hiccup.”

Coming back to the office Thursday morning as the new commissioner was a unique experience, he said.

“There were a lot of smiling faces and congratulations,” Bakke said.

Bakke said he hopes to hit the floor running on Monday as the commissioners start the review of the county budget for the next fiscal year.  As a department head, Bakke said he understands the needs other department heads have, which include having adequate funding to hire and retain good staff. It also means managing workloads, as well as modernizing offices and procedures.

“It’s a very different role,” he said. “I haven’t walked in the commissioners’ shoes. But I have thought about it.”

Bakke said he will have an open-door policy for county workers and the public.

“I hope people feel comfortable coming up and giving me a kick in the pants and occasionally a pat on the shoulder,” he said.

Brian Kelly contributed to this report.



3 grilled in public
Whidbey News-Times
By Paul Boring

Sep 01 2007

The three applicants for the Island County commissioner vacancy bring different tools to the table.

Planning Director Phil Bakke, Auditor Suzanne Sinclair and real estate broker and former commissioner candidate Reece Rose faced the music Wednesday night in Oak Harbor as members of the Island County Republican Party and the public probed the three candidates with questions.


Each member of the trio is vying for the District 1 position that is empty as of Friday after longtime Republican Commissioner Mike Shelton stepped down. The party’s sparsely-attended public reception in Oak Harbor provided an opportunity for the applicants to sound off on various issues as well as separate themselves from the political herd.

Bakke, a graduate of South Whidbey High School, has spent 12 years with county, eight of them at the planning helm. His job has afforded him ample time to work with the commissioners and has placed him firmly in the middle of contentious land-use issues.

“I have a lot of passion about the community, how it develops, and how our county government delivers services to our citizens,” Bakke said during the introductions, adding that proper investments and continual efficient frugality will be tantamount to running a prosperous county.

Rose said she is focusing on health and environmental issues and ensuring that the government is not overly intrusive.

“It’s a difficult job, but I love working with people,” she said. “I believe I’m an able administrative person and I believe that we have a wonderful county, we have wonderful employees, and we can just grow together and be even better.”

Sinclair has also cut her teeth in Island County government for 12 years, 10 as auditor. During her tenure, she has amassed resources that she said would serve her well in the commissioner position.

“I have built a network of acquaintances and resources across the state that I think will be a benefit to Island County were I the commissioner,” she said.


Trio lists top concern

Party Chairman De Dennis asked the applicants what they see as the number one concern for the county.

Although Sinclair said wetlands and land-use issues will likely grab headlines, she said a glaring lack of affordable housing is the more pressing worry.

“The median wage earner can’t afford median prices,” she said. “That needs to be addressed.”

Bakke said land use issues will be crossing the commissioners’ desks, including Fish and Wildlife updates on how the county regulates streams and salmon recovery. But budgets will undoubtedly take center stage.

“There are always more requests than there are dollars to fill them,” he said. “And so it becomes a matter of prioritizing ... That current expense fund is stretched a long way.”

Rose agreed that budgeting would be an issue in the face of a predicted declining economy. She said, however, that she is concerned with emergency management services. The county has a thick plan assembled by dedicated volunteers, but the key is turning theory into application. The county needs to be proactive, rather than reactive.

“There’s a tremendous distance to go between creating the plan and fully implementing it,” she said. “And I think we’re going to need to take a good look at that.”


Ferry service ideas sought

Living on an island, an efficient ferry system is crucial. With only one boat now running the Keystone route, audience member Butch Bailey asked the applicants for possible solutions: improving or relocating the terminal, or designing new boats.

“The Keystone thing’s not going away,” he said.

Sinclair, a former Vashon Island resident, can relate to ferry reliance. She said she could appreciate the ferry system’s desire to have uniformity in its fleet, but advocated for additional new boats with more frequent trips. Relocation of the terminal is not feasible, she said.

Bakke agreed that moving the terminal would be an unlikely solution given environmental concerns, tribal issues and incensed homeowners.

“I think the alternative that makes a whole lot more sense is developing shallow draft boats that are highly maneuverable to go in and out,” he said, adding that Nichols Brothers Boat Builders in Freeland has appealed to the state to allow construction and usage of the new boats. “We need to get past that.”

Rose maintained that patching up 80-plus-year-old boats is not the answer.

“This business of hanging on and hanging on doesn’t make sense,” she said, instead recommending the securement of state funding to get the shallow draft boats on the water. “I think Nichols Brothers is prepared to build them for us.”


Getting ready for growth

After the figures for county population growth were released, the islands were abuzz with talk of a boom and problems created by the projected influx. The candidates were asked how they felt about the growth and how best to handle the hordes of people potentially relocating to Island County.

Bakke said the commissioners have already down-zoned significantly in unincorporated Island County. Therefore, more development will take place in the cities. The planning director said cluster developments could be built in exchange for permanent open space.

“What we’re seeing is infilling,” he said. “The population growth will slow when there is no more room for infilling.”

Sinclair said growth is necessary and inevitable, and agreed with Bakke’s assertions.

Rose said the opposite of growth is stagnation. The real estate professional added that the county will have to plan very well as water, sewer and utilities will be constraints with which to contend.

The Island County Fair has been a fixture in local newspapers in the last two years. And not because of the festivities. Dennis asked the applicants about their commitment to the fair and how they saw the annual event in the future.

All three applicants said relocation of the fair could be an option if an ideal site was secured.

“It’s an issue that needs to be studied,” Sinclair said. “I would think you need to talk to the players.”


Rose said if the fair were to move, discussions between the city of Langley and the fair board would be necessary.

Bakke said if the fair remains in Langley, event volunteers and board members will have to work with Langley to find a peaceful coexistence. He added that he had spoken with stakeholders from both sides and they were amenable to changes.

“They have a real interest in picking that torch up again,” he said.

The next primary election could be very interesting with two potential, very interested Republican candidates inevitably left over after the appointment. Only Rose confirmed that she would run again if she is not chosen. Bakke and Sinclair said they would not rule it out.

When asked about their stance on the mental health sales tax passed in the county, all three applicants were in support. Reece added that she would have asked more questions to ascertain how Island County came up with their mental health numbers.

On the issue of encroachment of Whidbey Island Naval Air Station and resulting development restrictions, the three candidates were also in agreement that the base is vital for the economy and the buffer needs to be maintained.

Commissioners Mac McDowell and John Dean will personally and publicly interview the three candidates Wednesday, Sept. 5, at 6 p.m. in the commissioners’ hearing room in Coupeville.

Each candidate will be interviewed separately, while the other two will be asked to leave and remain out of earshot until their turn. A closed executive session will follow and if Dean and McDowell reach an agreement, a motion will be made in public and the county will officially have a new commissioner.

The commissioners have 60 days to defer a deadlocked decision to the governor.



County eyes downzoning land near base
Whidbey News-Times
By Paul Boring
Aug 25 2007

Nine parcels of land located close to Whidbey Island Naval Air Station in the “aircraft accident potential zone” will be prevented from subdividing if the county commissioners approve a code amendment.

A public hearing will be held Monday, Aug. 27 at 2:30 p.m. in the commissioners’ hearing room to consider the amendment.

“It’s an important change, but the change really only affects those property owners,” said Commissioner Mac McDowell.

The group of properties, located off the northeast corner of the base, all fall in APZ1 off the extension of the runway.

A new category under the Public Benefit Rating System will address the handful of properties in APZ1, the designated area comprised of a mix of private and Navy-owned properties. The nine properties are the most heavily affected by the APZ, said Anthony Boscolo, Island County Planning’s long range planner.

The rating system provides a tax break for residents whose property uses are restricted. The taxes are reduced, shifted from the landowner and spread over the whole of the county, making the overall increase for taxpayers negligible. The county collects the same amount of money.

“Certain people, as they go through a process, can get their taxes reduced,” said McDowell. “We’re going to single out these parcels and it makes sense to let them participate in a new category of this system. Their property will have less potential than it did the day before we did this.”

The process will become part of the county code and a new zoning ordinance once it is passed by the commissioners. Letters have been sent to the group of landowners.

“Under the current code, they could have subdivided,” McDowell said. “Once we pass this, they will not be able to make this subdivision. Since this is a little unusual, but it is important to this small group of owners, we felt it was worthwhile to be able to look at the Public Benefit Rating System.”

Six of the properties are currently undeveloped and the remaining three have residences, Boscolo said. A majority of each parcel of land falls in the accident potential zone. McDowell said most of the property is being used for farmland.

“That’s almost ideal for the APZ,” he said.

The Boyer property, recently purchased in a rather complex deal by the county, city of Oak Harbor and the Navy for $2.2 million, was an entirely different situation.

“Boyer was prime commercial property and had a much higher density of use,” McDowell said of the property also located in APZ1.

The nine properties could have been subdivided as 10-acre parcels before, but the amendment will remove that right, instead compensating the owners through tax reductions.

“We don’t know if any of the owners even planned to subdivide,” McDowell said. “It could just be a win for them.”

On the undeveloped properties, the owners can still build a residence assuming water and sewer are available.

“We’re not taking away that use,” the commissioner said.

Dave and Shirley Burbank’s expansive home resides on one of the properties that lies one-mile from the end of the runway in the APZ. In their case, the property is used for agricultural purposes and the couple already enjoys a tax break.

“It’s not a huge thing for me,” Dave Burbank said. “We probably couldn’t have developed it anyway. If that wasn’t the case, I don’t think I would be very happy. I suppose we’ll get more answers at the meeting.”

Interest in waterfront development is growing
Nichols Bros. puts new clause in agreement with Langley
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Aug 11 2007

LANGLEY — As new developers eye prime waterfront near Langley’s Wharf Street, longtime property owners are launching their own building projects or positioning themselves to develop their seaside land in the future.

Nichols Brothers Boatbuilders, for example, has introduced a new clause in its contract with the city of Langley that would allow for additional uses of their commercial property near the small boat harbor.  The company primarily uses its Langley facility to complete the outfitting of vessels, to make repairs and to conduct sea trials and boat christenings. But according to the revised agreement, the company would also allow marina and condo owners to use their dock.

“There is a possibility of them and the port doing something together and letting them use the dock,” said City Administrator Walt Blackford.

There is a chance that Nichols Brothers and the Port of South Whidbey may collaborate in future projects, Blackford said. The port will take over the city marina in January of 2009 and is expected to be a major player in the waterfront area.  It also means if the boat-building company decides to shrink or discontinue its work on the property, it can be used for other things.

“What I think Mr. Nichols is saying is, if I retain my property and decide to develop, maybe build condos, the condo owners can also use the dock,” Blackford said.

Matt Nichols, CEO of Nichols Brothers, said there are no specific plans for changing the use of the Nichols Brothers facility at the moment, however. Nichols also allows the city to use the dock for emergency response via the water.

Next Wednesday, the Langley City Council will vote on the operational agreement between the city and Nichols Brothers, a document that is updated every 10 years. An agreement with the city has existed since 1997.  However, the city is expected to reserve its right to renegotiate the agreement in case permit applications for new condos are be submitted.  Blackford said the city included the clause to be able to address space and infrastructure problems that could come from a development proposal.

“If it’s not a commercial facility anymore and the their employee parking would be taken up by condos, we can say, ‘What’s the plan?’” he said.

Second meeting on Stowell project

The interest in development on Langley’s shoreline is reaching the high-water mark.

City officials have said development could bring an economic boost to Langley, and developers interested in shoreside development have had informal talks with Langley in recent months.  Colorado-based developer Brian Stowell caused a stir when he recently suggested building a mixed-use building that could house a restaurant, businesses, office space and condos on Wharf Street.

Talks with with city officials led to the idea of including the bluff behind Stowell’s property in the development plan and enhancing public access to the waterfront. But the idea has since been met with mixed emotions by the public.  Stowell owns a small parcel of land on Wharf Street and has the option to buy Drake’s Landing.

Langleyites have been torn between wanting to revitalize the waterfront while still protecting the scenic view of the water from Cascade Avenue.  Stowell has held one public meeting already to get input from locals. A second meeting is planned for 7 p.m. on Aug. 14 at the United Methodist Church in Langley.

Stowell said this week the meeting will focus on introducing public access concepts that stem from comments from the last meeting. The meeting will also cover the vision for the waterfront that’s laid out in the city’s current growth plan, the small boat harbor and environs master plan, the shoreline management program, and what’s possible under existing zoning.

Another developer to make a pitch

Stowell is not alone in his desire to build on the waterfront.  Mayor Neil Colburn hinted earlier that another developer was interested in developing at the waterfront.

“The other person who expressed interest has said that he wants to come and make a presentation to the council by the late summer,” Colburn said at a recent city council meeting.

He has since declined to name that person, stressing that no proposals have been submitted to the city.  Colburn also said the person does not own the property yet, but has the option to buy.

Boatyard Inn wants to expand

Existing businesses are also looking to expand on the waterfront.  Langley’s Planning Advisory Board approved a proposal Wednesday by the Boatyard Inn owners to expand their business and add a new building with two floor levels.  The new building will have about 1,800 square feet on two floor levels. It will house a new breakfast room and hotel reception area and another hotel suite. Other improvements include landscaping, parking and public beach access.

Next Wednesday, the city council will vote on the Boatyard Inn expansion project.

City council looks at shoreline plan

The city council decided last week to look into ways to better address the challenges and possibilities of building on Langley’s waterfront.  City leaders have asked the Planning Advisory Board to take a look at the Shoreline Master Plan.

“People are definitely trying to do some development down there. We need clear guidelines to deal with these proposals,” said Councilwoman Rene Neff.

Fear and misinformation have dominated the discussion around town so far, city officials said.

“A look at the plan might alleviate people’s fears,” Neff said.

City planner Larry Cort agreed.

“The Planning Advisory Board is looking for a good project, something juicy to sink their teeth in,” Cort said.

The next city council meeting is scheduled for 6:30 p.m. Wednesday, Aug. 15.



Water connects islanders, is a focus in development
South Whidbey RECORD
By SPENCER WEBSTER

Aug 04 2007

COUPEVILLE — A childhood rhyme tells rain, rain to go away. If that rhyme rang true and the rainfall ceased on Island County, a lot of people might get pretty thirsty 20 years from now.

Every glass of water Whidbey Islanders drink, every car they wash and every shower they take is supplied by a groundwater aquifer, which is fed only by rain.

As communities on Whidbey’s south end such as Freeland and Langley deal with growth management issues, they share issues and concerns about Island County’s water resources and how best to manage those resources.

Because Island County does not get water from any other source, the United States Environmental Protection Agency has designated the county as a sole-source aquifer.
“It doesn’t mean there is just one aquifer. What it means is that groundwater is your only source of water and if you lost your groundwater source, you’d be in trouble because there is no other source for you,” said Island County’s hydro-geologist, Doug Kelly.

Island County’s fresh water aquifers, he said, were formed when glaciers departed from Whidbey Island nearly 15,000 years ago leaving layers of water-bearing sand and gravel behind. Non-water bearing layers are called aquatards, and consist of silt and clay and act as filters and boundaries for aquifers, said Kelly.

Groundwater, as a sole-source of the island’s fresh or potable water, presents some challenges, however, to scientists like Kelly and can hinder development of urban areas.

One challenge to the county’s fresh water supply is that if unchecked water usage continues from a single aquifer, as a majority of the county’s wells have drilled into, the aquifers water level can drop. Because Whidbey Island is surrounded by Puget Sound, the aquifer runs the risk of contamination from what is called sea water intrusion, Kelly said.

“Sea water intrusion is the principle concern for water in this county,” he said. “With the aquifers generally connected to the Puget Sound, if you pull too much water from them, water levels will drop a little ways down, but when they reach near sea level, the salt water starts coming in. You end up with a salty aquifer.”

The proliferation of individual wells and the potential of drawing sea water into the aquifer as a result of those wells drawing from a single source caused sea water intrusion policy to be implemented at the state level with the Growth Management Act, said Kelly.

“The county has a sea water protection code. In 1991, Island County was the first county to create policy. We have, by far, the strictest code in the state. We actually regulate all the way down to individual wells,” he said. “If it is in an area where sea water intrusion is a problem, we say you cannot drill a well or use that well for a building permit.”

Another challenge Kelly sees is potential contamination of the aquifer during the well drilling process.

“Every hole that you drill creates a vulnerability to the water because almost everywhere in the county there are significant numbers of these layers of silt and clay that don’t stop flow downward, but slow it,” he said.

“They create a really good filter system so that contaminants that occur at land surface, whether natural or human-created, typically don’t make their way down through those big thick aquatards. When you punch a well through that aquatard, you have created a pathway vertically around that well.”

But there is a solution, said Kelly. It exists in the form of public water services and provides a number of benefits to all users of fresh water.

“One of the big benefits for public water systems is that they have the fiscal capacity to deal with problems should they occur,” he said.

“If Freeland grows, and they continue using their current well fields, and they begin to see problems, they have the financial capacity to drill a new well two miles away. No individual homeowner could afford to move a pipeline two miles inland and drill a new well.”

With a managed water service, there are fewer wells to be drilled, thus fewer ways for the groundwater to become contaminated, said Kelly.

Regular monitoring for salt and contamination is a third benefit.

“There is regular monitoring. Big water systems sample everything under the sun on a pretty regular basis,” he said. “Tiny water systems sample for almost nothing almost never and individual wells sample once and that is it. There is some assurance of water quality and management that goes on with bigger systems that does not occur with smaller ones.”

For Kelly, fresh uncontaminated water is vital to Island County’s health and managing that resource is the best way he sees to mitigate the risks to it.

“A managed water system is a good thing for the aquifer and for public health,” he said. “So both environmental and public health benefit from a managed water system as opposed to a whole bunch of individual wells.”


How will Shelton be replaced?
By JIM LARSEN, News-Times editor
Aug 01 2007

The deadline to throw your hat in the ring to become the next Island County commissioner is Friday, August 3, at 6 p.m.

To date, four candidates have expressed interest in replacing veteran Commissioner Mike Shelton, who announced July 16 he will step down effective Sept. 1 to take a job in Olympia.

Among those seeking his job are county Auditor Suzannne Sinclair, Planning Director Phil Bakke, State Rep. Chris Strow, and Reece Rose, a former candidate for commissioner.

Since Shelton is a Republican, his replacement will have to be a Republican. Candidates must also live in District 1, which encompasses all of South and Central Whidbey Island.

The vacancy announcement on the Republican Web site says candidates "must have excellent organizational and interpersonal communication skills. The desired candidate must also have the leadership skills and management experience to conduct the county’s day-to-day business fairly and in an unbiased manner."

Anyone interested should submit a resume with cover letter detailing Republican Party involvement to: The Island County Republican Party, 390 NE Midway Blvd., #A103, Oak Harbor, WA 98277.

For details call 279-1197 or visit islandcountygop.org.

The precise process that candidates will undergo has not yet been announced by the party. De Dennis, Island County Republican Central Committee chairman, told the News-Times Friday that the process might include "coffees at people's homes," where party leaders would ascertain of the candidates, "Are they true Republicans . . . and we'd ask them some pointed questions."

Members of the party leadership met Friday in Oak Harbor to discuss the process, but were still working on it early this week.

Whether members of the public could attend those coffees is unclear. Dennis did say meetings would be scheduled to allow the public to meet the candidates.

Mike Shelton told the News-Times last week that he favors an "open process" in selecting his successor, and the idea of holding various meetings around the county didn't appeal to him, particularly if they are "by invitation," as a party news release suggested.

"I don't know what the advantages are of holding meetings around the county and making it by invitation only," Shelton said. "It doesn't matter who's there. I was kind of taken aback by the process . . . it doesn't do anyone any good to exclude people from the process."

But Dennis has yet to confirm if anyone will be excluded.

Mary Jane Aurdal, another Republican Central Committee member, said Tuesday morning she had just received an e-mail asking for input into the process.

In 1987, the last time there was a vacancy on the board of commissioners, the Republican party interviewed 15 candidates at the courthouse in front of anyone who wanted to attend.

Shelton noted that the person picked to replace him "is going to be the commissioner of the Republicans and Democrats alike."

The tentative schedule released by Dennis states that after the candidate interviews, the dates of which have not been announced, there will be a special meeting of the Central Committee Aug. 30 in Oak Harbor to winnow the field to three finalists. Those names will be delivered to the county commissioners the next day.

Commissioners Mac McDowell, a Republican, and John Dean, a Democrat, will interview the finalists in public, but probably will retire to executive session to discuss which one to select. If they can't agree, the governor would decide.



Woman leaps from bridge as friend waits
Whidbey News-Times
By JESSIE STENSLAND, Staff reporter
Aug 01 2007

A 28-year-old Oak Harbor woman died Friday after jumping off of Deception Pass bridge in an apparent suicide.

Detective Ed Wallace with the Island County Sheriff's Office said Dorinda Papp drove to the bridge at about 5:30 p.m. with a female friend who didn't have any idea of her intentions.

"She told her friend she would be right back," Wallace said.

Instead, Papp leaped off the bridge, an act that was witnessed by at least two people.

Wallace said Papp landed in the water near a fishing boat. The two people in the boat pulled her in and found that she was still alive. Since they didn't know CPR, they picked up a couple of other people who were fishing ashore. Those individuals performed cardiopulmonary resuscitation on the young woman while the boat took her to Cornet Bay, where an ambulance was waiting.

Wallace said the ambulance crew transported Papp to Island Hospital in Anacortes, where she later died.

Wallace said Papp didn't leave a suicide note, so investigators aren't sure about her motivations. She had, however, made two previous suicide attempts in the last six months, including one time she was contacted by law enforcement at the bridge.

This was the second time in two weeks that someone has committed suicide at the scenic pass. On July 18, 79-year-old Arvell Casper of Edmonds died after jumping off the bridge.



Video camera halts meeting
Whidbey News-Times
By Jessie Stensland
Jul 25 2007

A couple of Oak Harbor residents’ efforts to electronically record open meetings resulted in city administration taking unusual steps, ultimately delaying government progress.

City Administrator Paul Schmidt said he decided to cancel a meeting of the on-site sewer systems ad hoc committee last Thursday after resident Robyn Kolaitis notified the city that she intended to videotape the meeting.

Schmidt said that City Attorney Phil Bleyhl needed time to research the issue of whether videotaping meetings was restricted under state law.

This was the third time in the last two weeks that the recording of meetings has become an issue, even though it appears that state law clearly allows people to videotape and audio tape meetings.

Based on an inquiry from the News-Times, state Attorney General Open Government Ombudsman Tim Ford said he was going to call Bleyhl about the issue last Friday. Ford was surprised that the city would cancel a meeting over an issue that is so clear under the state Open Public Meetings Act.

“As long as it’s not disruptive, our opinion is that they can bring a video camera,” he said, “and I don’t see how a video camera can be disruptive. ... I don’t see how the orderly conduct of a meeting is affected. It’s not like they are being shouted down.”

A state Attorney General’s Opinion and the Municipal Research and Services Center of Washington both have concluded that a person may record a meeting, both audio and video, provided that it would not disrupt the meeting. A stationary audio or video recording device would not disrupt the meeting, the Attorney General concluded.

In her note to city administration, Kolaitis wrote that she intended to use a video recorder in a stationary position. In an interview, she said she had researched the law and just wanted an accurate record.

“The meeting minutes they have taken aren’t always accurate,” she said.

Bleyhl said he looked at a decision by the U.S. Supreme Court, which he feels allows for some restrictions on the use of video cameras at public meetings, but that audio tape recorders are allowed. He explained that people with certain disabilities may need to rely on audio recordings for note taking.

Bleyhl conceded that state constitution and Open Public Meetings Act may allow for videotaping, but he said he simply hasn’t had time to research the issue completely.

He contacted Municipal Research and Services Center, a respected organization that provides local governments with research and information services, and was told that videotaping should be allowed.

Yet Bleyhl said he discounted the advice because he didn’t agree with the rationale behind the finding.

“I don’t see a logical extension from audio recordings to videotaping,” he said.

One of his concerns about video, Bleyhl said, is that the nature of a video camera recording could stifle a dialogue.

Ford doesn’t see the logic in that argument. “I suppose the public stifles speech also,” he said sarcastically. “I guess we should have all meetings in secret.”

Ford pointed out that the law allows for the removal of people who are being clearly disruptive.

The backdrop to the recording dispute is the controversy over the Dillard’s Addition sewer system. Residents complained after the city approved a contractor’s request to install a pressurized sewer system in the neighborhood. The vast majority of the 30 residents didn’t find out about it until the contractor started digging up the streets. The residents, who may have to pay more than $15,000 each to hook in, said they didn’t like the type of system chosen for them and would have liked to give input.

In response, the City Council created two different committees to look into the issue.

Two weeks ago, an early incarnation of the so-called Dillard’s Committee met at City Hall. One of the members, Carroll Young, tried to record the meeting with an audio tape.

According to committee members Duane Dillard and Kolaitis, City Administrator Schmidt told Young to stop recording. When she refused, he stopped the meeting and went to speak to Bleyhl about it. He then came back and delayed the meeting until the following week because the attorney realized that two council members were present — Councilman Larry Eaton and Danny Paggao — and that it hadn’t been advertised, as required by law.

The following week, the Dillard’s Committee met again, but with a different make-up. Mayor Patty Cohen replaced Kolaitis and Young with two people who had different views on the issue then the other Dillard residents on the committee. There is a disagreement between city administration and some Dillard residents as to the purpose of the committee, who should appoint the committee members and if the earlier meeting was an official meeting at all.

At the meeting last Monday night, the committee members discussed whether audio taping should be allowed, even though Bleyhl had ruled that it shouldn’t be restricted. The members took a vote on a motion to prevent audio taping, with Councilman Danny Paggao and members Geri Morgan and Hank Koetje voting for it. Councilman Eaton and members Dillard and Mark Saugen voted against it, so the motion did not pass.

On Thursday, the city administration cancelled the meeting of the other committee, the on-site sewer systems ad hoc committee, after learning that Kolaitis planned to videotape it.  Ford said the administration has the right to cancel and re-schedule meetings, but he said there may be reason for concern.

“Why is it taking so long to research the issue and how are they going to get business done if they keep canceling meetings?” he asked rhetorically.




Concerns surround farm easement
Whidbey News-Times
By Nathan Whalen

Jul 25 2007

Officials are looking at how to better protect the publicly-owned Greenbank Farm from development, but it’s a concept that’s easier said than done.

Before their plans materialize, the Port of Coupeville and the Greenbank Farm Management Group need to resolve several legal and monetary issues surrounding a possible conservation easement, where the port would surrender development rights on the Greenbank Farm.

Farm supporters want the easement to provide more protection from development. While the current zoning offers tight restrictions on the farm, some people want the easement as a more permanent way to protect the farm from development.

Jim Patton, executive director of the Port of Coupeville, said some residents are nervous that someone in the future could change the farm’s zoning to allow development to take place.

Pat Powell, director of the Whidbey Camano Land Trust, a Greenbank-based organization that works with property owners to protect land in Island County, said she would be thrilled to see an easement placed on the farm. That would put protections on the farm that the public already thinks are in place.

Powell said the conservation easement would protect the farm with a legally-binding document should things politically change in the future.

“Zoning can be changed but a conservation easement travels with the land,” Powell said, adding it wouldn’t be difficult to change the zoning on the Greenbank Farm.

In 1997, the Greenbank Farm went up for sale and there was talk of a 700-home community on the rural 500 acres. After an outpouring of community support the farm was sold to the Port of Coupeville, Island County, and The Nature Conservancy for $2.8 million.

An immediate issue before the port is whether a public entity such as itself which traditionally emphasizes economic development, can legally surrender development rights to property.

“There’s no precedent for ports to surrender its development rights,” Patton said.

It’s not always easy for a public entity to give away property. The city of Langley, for example, recently tried to give its marina to the Port of South Whidbey, but state officials nixed the deal.

To see if the Port of Coupeville can give up its development rights, port officials and Greenbank Farm Management Group members are asking for an opinion from the state Attorney General’s Office.

Patton said there is precedence for ports to give up those rights in a “value for value” situation where the port would get something in return for the easement.

He said the port will argue that by protecting the surrounding area, the farm would remain a destination for visitors and thus enhance tourism, which is an economic activity.  There isn’t any timeline set yet as to when the port would want to get the opinion from the Attorney General’s office, Patton said.

Another issue that needs resolution surrounds the bonds the port is paying off for the farm purchase.

Patton said any kind of easement would have to make sure it won’t change the value of the property and threaten the status of the bonds. The port is set to pay off the last of the bonds in 2017.

Port officials are meeting with bond attorneys to see how a possible easement would affect the status of the bonds.

If a conservation easement is placed on the Greenbank Farm, the port would figure out how much it would cost to implement and maintain. Those costs would pay for administering the easement. Patton is quick to point out that the port doesn’t have a lot of money. When the fiscal year started, the port only had an $83,000 fund balance.

He said there are three documents which will help protect the land at the Greenbank Farm. One is the master site plan, which is being formed, than there’s the zoning ordinance and then the third would be the conservation easement that officials are trying to place on the farm.


Shelton steps down from commission

By RECORD STAFF
Jul 18 2007

LANGLEY — Island County Commissioner Mike Shelton will resign from his job as commissioner this fall, he said Monday. And it wasn’t long until other well-known Republicans came forward to say they want his job.

Shelton, who has served as the District 1 commissioner on the South End since January 1993, is stepping down to take a job as executive director of the Washington Counties Insurance Fund. The fund is a public agency that was created in 1988 and provides liability coverage for 28 counties in Washington and is also the insurer for Island County.

“It has been the most exciting work years of my life and I will miss the community interaction that the position provides,” he wrote in a statement to the press. “I would have preferred that I had been able to finish this term before leaving but the timing of this opportunity does not make that possible.”

Shelton will leave the island after 37 years and move to Olympia in September.  Among the politicians interested in replacing Shelton are Rep. Chris Strow and Island County Auditor Suzanne Sinclair.

New commissioner will be a Republican

While there are certainly a number of people interested in the job, one thing is certain: Shelton’s replacement will be a Republican.

“There will be no election this year, because the resignation came so late in the year,” Sinclair said.

Island County Republicans will call together their central committee and select up to three candidates.  The remaining commissioners, John Dean and Mac McDowell, will then appoint Shelton’s replacement from the nominees presented by the Republicans.

“If for some reason the two commissioners can’t agree on one candidate, the governor would step in,” Sinclair said. However, that scenario is rather unlikely, she added.

The replacement will serve out Shelton’s term until after the 2008 election. The person who is elected in November will take office immediately after the election is certified.  It’s not clear when Republicans will gather to pick the candidates for the temporary appointment. De Dennis, Central Committee chairman of the Island County GOP, did not respond to requests for comment.  Shelton said whoever is going to do the job will need a thick skin at times, but he has faith in his fellow commissioners to find a good replacement.

“What we need at any elected position is someone who looks at things pretty globally and has no narrow agenda,” he said.

“I don’t know if South Whidbey is more or less difficult to serve than other communities. The thing about South Whidbey is it’s an involved community. People feel pretty passionate about things,” Shelton added.

“It isn’t a position for the faint hearted,” he said.

Strow wants to be commissioner

As the news spread through the county, Rep. Chris Strow announced that he is interested in Shelton’s job. Strow serves in Position 1 for the 10th District in the state House of Representatives.

“Really for me, the greatest part of politics is serving your community,” Strow said. “Serving at the county commissioner level is exactly that.”

The arrival of his daughter three weeks ago has also changed his outlook on life. Strow and his family live in Freeland.

“Frankly, with my little baby girl in our lives now, it doesn’t appeal to me as much as it used to to return to Olympia,” he said.

Strow is currently assistant minority floor leader and serves on the House Capital Budget, Agriculture and Natural Resources, and Insurance, Financial Services and Consumer Protection committees.  The experience he gained in Olympia and relationships he forged on the state and federal levels will help the county, Strow said.

Some of the challenges that Strow sees on the horizon for county residents are issues Shelton also feels strongly about. Strow said he wants to maintain an appropriate level of service for residents while keeping taxes reasonable.

“People are feeling the pinch of property taxes,” Strow said. “It’s important to keep taxes as low as possible while keeping the quality of life people expect.”

As a South End politician, he is well aware of the passionate voters on both ends of the political spectrum.

“I’ve grown out of the political landscape of South Whidbey,” Strow said.

“I’m a bit greener than most Republicans, but I’m a die-hard fiscal conservative. I really don’t think it’s about one side vs. the other, but listening to everybody,” he added.  The son of Island County’s District Court Judge Peter Strow, his roots on Whidbey stretch back to his teenage years when he attended Oak Harbor schools.

In 1994, Strow joined the congressional staff on Congressman Jack Metcalf, and was a transition advisor before becoming deputy chief of staff. He served as the senior aide for Metcalf for five years in Washington, D.C.  He was elected to his first term in the state House of Representatives in 2004 and was reelected to a second term in 2006.

Sinclair also wants the job

Sinclair, the county auditor, also wants the job.

“I plan to seek the appointment,” Sinclair said Monday, adding that she will submit a letter of interest to the Republican Central Committee.

With 10 years as the auditor and two years in the public works department, Sinclair comes with lots of county government experience.  She was first elected auditor in November 1997, and has been re-elected twice. At the time she was elected, Sinclair was the accounting supervisor in the county’s public works department.

“People are looking to continue the trend to professionalizing our systems here,” Sinclair said. “I want to continue that.”

The other top priorities on her list center on growth and development.

“In Island County, issues brought on by zoning and land-use will continue to be important,” she said.

As an active member in the Republican party and through her work relationships as the auditor, Sinclair said she is confident she can represent the county beyond its borders.

“I understand how to make our concerns heard in Olympia,” she said.

Sinclair has served the local community as a Rotarian and is past president of the South Whidbey Rotary Club. She has served as president of the South Whidbey Republican Women’s Club and as treasurer of the Washington Federation of Republican Women.  Prior to joining Island County government, Sinclair was in private practice as a CPA in Freeland.

Sinclair has two grown daughters, and has called Whidbey Island home since 1984.  For Sinclair, not only a commissioner is leaving, but a longtime friend and colleague is departing from the county.

“I liked working with Mike Shelton. He is considerate, helpful and easy to work with,” she said.

Gabelein doesn’t want the job

Ray Gabelein, a county planning commissioner and a Clinton contractor, said he isn’t interested in the commissioner’s job. There’s been speculation for more than a year that Gabelein would run for Shelton’s seat if he didn’t seek reelection in 2008.

“I don’t right now have any plans to run,” Gabelein said.

“It’s pretty time consuming. It’s a big obligation and I kind of enjoy what I’m doing with the planning commission,” he said.

It’s a critical time to serve as county commissioner, Gabelein added. The county is working to wrap up its rewrite of rules that cover development on properties with environmentally sensitive features such as streams, wetlands and wildlife habitat, and must also consider the incorporation of Freeland and the proposed expansion of Oak Harbor’s urban growth area.

“He’s always been available to people on the issues,” Gabelein said. “No matter how touchy the issue, you can walk right in and talk to him about it. Not many officials do that. He’s always been honest and open.”

“He’s just done an outstanding job. I wish he was going to stay,” Gabelein said.

Shelton told Gabelein and others of his decision to step down Sunday night. Monday morning, Shelton sent an e-mail to county workers to let them know he would be resigning.

Democrats look for 2008

Marshall Goldberg, chairman of the Central Committee for Island County Democrats, said his party has already been looking at the 2008 race for county commissioner.

“Our intention has always been to find a qualified candidate to run against Mike Shelton, or now, his appointed successful,” Goldberg said.

Indeed, Shelton has earned grudging praise from many of his critics over the years.  Steve Erickson, a member of the Whidbey Environmental Action Network who has battled with county officials on land-use issues over the years, said Shelton never got “personally nasty” like other officials did during disputes.

“While I’ve had my differences with Mike, the amount of personal friction has been about what you would expect,” Erickson said.

Erickson said the South End has changed a lot since Shelton first took office 14 years ago.

Many will be anxious to see who becomes South Whidbey’s next commissioner; some on the South End have long complained that because the entire county votes to elect commissioners, the progressive-leaning South End has been unable to elect a Democrat because South Whidbey has been outnumbered by Republicans throughout the county.  With an long-serving Republican incumbent leaving office, however, the South End might have a better chance of electing a Democrat as commissioner.

“It’s hopefully going to open some things up so the South End has better representation,” Erickson said. “How this ends up in terms of choosing his successor will be real interesting.”

Still, there’s skepticism. County commissioners will appoint a replacement for Shelton, and the new commissioner will serve for more than a year before facing an election to the job.

“This is essentially handing the crown to the next Republican. It’s a way to guarantee the seat,” said Marianne Edain of WEAN.

Erickson said it’s likely the Republican Party will consider the electability of the new commissioner when it comes up with candidates to fill Shelton’s seat.

“It’s certainly going to be a party insider. It’s not going to be someone who is unknown,” Erickson predicted.

Decision wasn’t easy

While others contemplate Shelton’s replacement, he said one of his biggest regrets is leaving in the middle of his term.

“I’ve always felt that if you’re elected you should serve the full term. I struggled with that a lot,” Shelton said.

Shelton was first elected in 1992 by the narrow margin of 126 votes. During his last run in 2004, he beat Democratic challenger Dean Enellby 6,046 votes.  But he said he is leaving office while the county is in good shape.

“Island County is in excellent financial condition and is staffed by committed people who provide good service to county residents,” he said.

Looking back, Shelton agreed the county has seen changes.

“One of my biggest achievements, from a time and cost commitment, was the adoption of our growth management comprehensive plan,” he said. “It certainly was a contentious and difficult road.”

He also takes great pride in the building and remodeling of the courthouse campus.  An issue strongly pushed by Shelton in recent years are improvements to the mental health system in Island County.

“I don’t know if I would call it an achievement, but I spend a lot of time working on mental health issues,” he said. “We have not arrived, but certainly we have made strides in the right direction,” he said.

Shelton’s final two years in office have been marked by intense criticism.  He has come under repeated fire for statements he made during the county’s takeover of state property at Deer Lagoon from residents who oppose hunting in the area.  Some lambasted his position to support I-933, the property rights initiative, during the last election.  And he was also criticized for siding with county fair officials after the fair association was involved in a controversial land sale and a dispute over access to public records earlier this year.

Shelton received public kudos, however, for brokering a settlement in the dispute between the city of Langley and the Island County Fair Association over a road easement across the fairgrounds. The settlement ended a court battle over the new road.

“I think if we were to characterize challenges, it always involved the community you’re attempting to serve being unwilling to look at their opponent’s side of an issue and find common ground,” he said.

“For instance, the hunting issue: The hunters want no limitations and the residents want hunting eliminated. Hopefully, people will talk to their neighbors and find a compromise,” he added.

Commissioners confident to find replacement

Commissioner John Dean said it’ll be tough to find a replacement who has as much experience as Shelton in county government.

"My first reaction was, ‘Gosh, this creates a big hole in Island County’s institutional knowledge,” Dean said.

Dean also said he doesn’t expect the search for a replacement to turn into a huge political issue.

“Some people seem to think this is about political strategy,” he said. “Whoever we pick won’t be a political issue, but somebody who is a team player and makes good management decisions.”

“It’s not about holding the only Democrat down,” he added. “I don’t feel any pressure. Mac and I work along pretty well. In the past, boards of commissioners didn’t get along, fighting at board meetings. This board works together well and we want to keep it that way.”

Commissioner McDowell will miss his longtime colleague.

“I hate to see him leave,” McDowell said. “After 15 years you know each other’s strength and weaknesses.”

McDowell was confident the board of commissioners will find a suitable replacement. They will also have to pick a new chairman.

“Fifteen years of experience - you don’t take that lightly,” McDowell said. “But look at John (Dean), he came with no experience and he is doing a good job. Even though you hate friends to leave, that’s not to say there isn’t another person qualified for the job.”

While his colleagues on Whidbey Island were sad to see him leave, his new employer in Olympia is excited.  Shelton is replacing Mark Fukuhara as the executive director of Washington Counties Insurance Fund.

“Most of the board members are county commissioners and know Mike,” said chairman of the WCIF board Dwight Robanske.

“Mike has a strong financial background and with his experience in county government he has the ability to work with the state with our audits.

“We are a $60 million nonprofit - Mike will be able to handle this kind of money fairly easily,” Robanske added.

“He’ll help strengthen our organization.”

Robanske declined to say what Shelton will earn at his new job.

Shelton has friends beyond party lines

Shelton’s departure was a surprise to many local leaders.

“I met Mike in 1992 when I was running for state House and Mike was running for commissioner,” said Langley Mayor Neil Colburn said.

“If he wouldn’t have been fighting growth management and wouldn’t have been a Republican, he would have had my vote,” Colburn said.

Colburn said he viewed the past two years as the politically toughest years in Shelton’s career and in county politics in general.

“I wish him nothing but the best. He was a good commissioner in a very difficult time in a difficult place,” Colburn said.

Sen. Mary Margaret Haugen credits Shelton for his achievements in human services.  Haugen said Shelton is a strong advocate for the mentally ill in Island County.

“If you look at his record, you’ll see human services have been a major concern for him,” Haugen said. “Before him, human services in the county looked pretty, pretty bleak.”

Shelton is well-respected in Olympia, Haugen added.

“He spoke eloquently on behalf of the county at the state level,” she said.

“I was saddened to hear Mike was going to leave. We may not always had the same opinion on everything, but I have great respect for him.”

Haugen said Shelton has been a personal friend for years going back to her time when she served in the sate House of Representatives.

“Mike was always the one Republican on the board easiest to communicate with,” she said. “He served the county well.”

Phil Bakke, director of the county’s planning department, said Shelton would be missed.

“He’s getting a lot of hugs from staff. People are going to miss having him here,” Bakke said.

“Mike has been a fair, hands-on commissioner who has given our department a lot of support and leeway to try to represent his constituents as best we can,” Bakke added.

“When I work with Mike, most of the time he strikes me as what I would see as a statesman, he really does. He’s that fair kind of person that thinks and questions.”

The move from Whidbey will be tough for Shelton and his wife, he said.

“After 37 years, your roots get very deep in the community. We have family and wonderful friends here,” he said. “So leaving will be very difficult.”

However, Shelton said it’s not a goodbye forever. The Sheltons plan to retire on Whidbey Island.

“We’ll be back,” he said.

Commissioner Shelton quits
Whidbey News-Times
By Paul Boring

Jul 18 2007

After leaving an indelible chapter in the annals of Island County, Commissioner Mike Shelton is moving on, poised to pen the next installment of his life.

The seasoned veteran of local government announced his resignation Monday, sending a wave of shock through several communities. Shelton will put an end to nearly 15 years of county service. The Republican commissioner has accepted an executive director position with the Washington Counties Insurance Fund in Olympia.

The new position will take Shelton and his wife, Marla, away from Whidbey Island, the couple’s home of more than 37 years. Moving is bittersweet and not without trepidation.

“Leaving a job that I’ve loved for 15 years is a difficult thing,” he said. “We moved here about three months before my son was born and he’s going to be 37 years old here in a few months. We’ve been married for 40 years, so practically our whole adult life has been spent on Whidbey Island. It will be hard to leave. We have lots of friends and family. That will be difficult.”

Shelton was approached in early May about the position. The decision to vacate his seat, which has one year and four months remaining on the term, was not an easy one. He feels, however, that he is leaving his successor with a county in good financial shape. But responsible frugality and fiscal efficiency are only a couple of the successes during Shelton’s tenure.

“With effective management of dollars, we’ve been able to do quite a few things,” said Commissioner Mac McDowell, who has been with Shelton since day one. “And Mike has been there for all of them.”

Communication has also been a watershed for the county in the last 15 years.

“There’s just been a multitude of changes,” he said. “I think we’re a much more customer-oriented courthouse than we were. We’ve tried to hire people that made that a priority in their job and pass that priority down through their departments. I’m proud of the 15 years and the things we’ve accomplished here.”

The Island County campus and county in general are markedly different than what Shelton observed when he first came into office. New buildings have been built or remodeled. Public health clinics have been added. Roads have been improved.

“I think we’ve accomplished a lot of very significant things,” he said, not the least of which is the county’s comprehensive plan under the Growth Management Act.

“They’re talking about our comprehensive plan potentially being a state model,” said Mac McDowell. “Our staff, along with Dr. Paul Adamus, has done original, scientific work tailored for Island County. So, from a planning standpoint, we’re head and shoulders above where we used to be. We’ve brought the county into the electronic world.”

Controversy and contentiousness have marked some of the issues Shelton and his peers have grappled with over the years. Land use never fails to paint a bull’s eye on the commissioners. Marianne Edain of the Whidbey Environmental Action Network, a group that has had plenty of exposure to the commissioner, highlighted his honesty.

“We disagreed vehemently on many issues, in part on the values of critical areas and dedicated, permanent open space,” she said. “He’s an honest man, and as far as I know, he’s never personally stooped to ad hominem attacks. I don’t agree with his politics and ideas, but he’s a decent human being.”

Representing a district with a strong liberal presence, the moderate Republican enjoyed support from across the political aisle. Reece Rose, a Republican who challenged Shelton in the last election, said he was tough to beat because of the “heavy crossover voting” from Democrats.

Regardless of the issue and the public response, Shelton’s levelheaded leadership and languid oratory have been a trademark of his time in office. When the commissioner leaves in August, he will take with him a deep understanding of the county and its nuances.

“Island County loses a huge chunk of institutional knowledge when Commissioner Shelton leaves this fall,” Commissioner John Dean said. “While his shoes will be impossible to fill, I am happy for Mike and his wife, Marla, and I congratulate them on their decision to take on a new life in Olympia. The good news is Mike will continue working for the good of Island County as executive director of the Washington Counties Insurance Fund. The bad news is I will miss a talented and dedicated colleague who has been good to me as I began my new career in Island County government this year.”

McDowell and Shelton have not always seen eye-to-eye, but the duo learned each other’s strengths over the 15 years and built mutual respect and friendship while tackling unpopular issues. Loosely and fairly inaccurately compared to the situation in Las Vegas, whatever happened in the hearing room stayed in the hearing room.
“I think we balance each other pretty well,” McDowell said. “He’s a close friend and that friendship has grown with 15 years of working with him. We don’t always agree, but most of the time we tend to agree on most things. I’m going to be very sad to see him go. He’s done an outstanding job for his district.”

Former county sheriff Mike Hawley, now a lieutenant on North Whidbey, worked with Shelton for the entirety of the commissioner’s career in the county.

“It was a pleasure working with him,” he said. “He was an excellent administrator as well as very personable and had a great ability to find common ground among very diverse opinion. Island County will miss him greatly.”

The county is on the verge of passing the imposition of a tax that will be a boon to community mental health, a passion of Shelton’s.

“I’ve spent almost singularly as much time on mental health issues during my tenure than I have on any other issue,” he said. “I think we’ve come a ways. We’ve certainly got some distance to travel yet.”

The community mental health system is really designed in Washington D.C. and Olympia, he added, because it revolves around funding. The Medicaid funding and the state-only dollars that flow into the county come with strings attached that sometimes make it difficult to manipulate the money in a way that meets the needs of the communities.

“That is the reason, in some ways, why we’re proposing a tax for local-only dollars, because we have all of these gaps that state and federal dollars can’t be used to fill,” he said. “And yet the need is huge.”

Shelton’s new job will allow him to continue to actively participate in local government, a passion that he has developed over the years. He said he will miss the level of accountability that working in Island County has granted him. And he will miss the people.

“Lots of good people live in Island County.” he said. “We have a great staff here, people that I have the highest regard for. In Island County, I think a lot more than in other counties, there is an involvement level of people in government that makes the accountability factor very, very high. And I think that’s a good thing. One of the things that I like about local government is that you’re not separated from your constituency. When you go to the grocery store, the post office, or whatever, you are making yourself available to ask questions: Why did you do this or why did you do that? I think that’s all good. If you’re in Olympia or Washington D.C., you don’t have that constant interaction and feedback from the people that you serve.”

To find a successor, the Republicans’ central committee will meet and people interested in the position will submit their resumes. Three candidates will be chosen by the precinct committee officers and the two county commissioners will choose.

“They will not have to run for election this year because it’s so late in the year,” said Sinclair, who is herself interested in the position. “They will have to run for election in 2008 if they wish to continue, but that’s the standard cycle for the position.”

If Dean and McDowell cannot decide on an appointee, the governor would choose from the pool of Republican candidates.


Fired deputy prosecutor gets $300,000
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Jul 04 2007

A former Island County deputy prosecutor, who said alleged politicking in the prosecutor’s office turned so ugly that she got sick, will get $300,000 in a settlement.

Attorneys for Island County’s insurance carrier, the Washington Counties Risk Pool, settled a damage claim made by Amy Dempsey against Island County Prosecutor Greg Banks, chief criminal deputy Andrea Vingo, the Island County Prosecutor’s Office and Island County.

While $300,000 is a large chunk of money, it’s much less than the $525,000 damage claim and $425,000 whistleblower complaint she had originally filed in January.

Claim centered on campaign pressure

Dempsey alleged in her claim and complaint that Banks pressured and harassed her to support his reelection campaign last fall.  But the case never made it to court. The county’s insurer settled late last week. Dempsey signed the agreement Friday, June 28.

“Amy is satisfied with the outcome because the case was resolved quickly without the need to file a lawsuit that takes one into a long emotionally draining court ordeal,” said Peter Moote, Dempsey’s lawyer.  Though the amount was less what was sought, it was a respectable amount, the Freeland-based attorney said.

“Under these circumstances Amy feels this was a fair settlement. But, make no mistake, this settlement is a complete vindication of Amy and a statement proving the wrongful conduct of the Prosecutor’s Office,” he said.

“We did a lot of investigation work before we filed the claim for damages and the defendants and their representatives saw that we could clearly prove our case,” Moote added.

Even though Banks said he was glad to put the issue behind him, he was disappointed that he didn’t get to tell his side of the story in court.  A court battle would have been more costly, however, and Banks said the settlement was an economic decision made by the county’s insurer.

“Principles are expensive,” Banks said.

Insurance made the call

Vyrle Hill, executive director of Washington Counties Risk Pool, was tightlipped about how the insurer came up with the settlement amount. He said the county had little input.

“Ultimately, the settlement was determined by the risk pool,” Hill said.  Several attorneys worked out the deal.

Hill said the claim manager and the risk pool’s board of directors looked at several indicators that compared the outcomes of comparable cases, the likelihood of a verdict for the defense, the validity of the claim and how much it would have cost to take the case through a trial.

“The risk pool made the most prudent business decision on behalf of all counties,” Hill said.  The settlement could change how much the county pays for insurance, but Hill said the difference would be minimal.

“Insurance fees are based on an experience modifier,” Hill explained. “Every time there is a negative experience fees slightly adjust.”

Island County Commissioner Mike Shelton, who also serves on the board of the Washington Counties Risk Pool, said it was a standard settlement for the risk pool and the county.  Shelton did not vote on the settlement as a member of the insurer’s board because it concerned his home county.

Shelton said he has worked on comparable cases, and the settlement amount wasn’t out of line.

“I am never fine with paying out $300,000, but it was probably better than the alternative,” Shelton said.

A campaign gone bad

Dempsey claimed that she was under pressure to support Banks for reelection from her first day on the job when she started working for the county in June 2006.  When Dempsey did get involved in the campaign, it was to support Banks’ opponent in the race, Steve Selby.

At the time of her arrival, the race for prosecutor had split the office. Most deputy prosecutors supported Selby, who was fired from his position as chief criminal deputy at the prosecutor’s office after launching a campaign for the prosecutor’s job without telling Banks.

The campaign was one of the most bitter and divisive that Island County has seen in years.  During the campaign, Selby attacked Banks’ management style, work load and personal demeanor.

Banks spent much of the campaign focusing on his experience in the job, but was often caught up in responding to missives from the Selby camp.  Banks said Monday he couldn’t discuss the details of the settlement, but said Dempsey stopped coming to work on election day and never came back to work. She was not reappointed to her position when her appointment as a deputy prosecutor expired at the end of the year, but Banks said he gave her ample warning.

“She still had not shown up for work as of January, and I had to let her go to make room for a working replacement,” he said. “She then demanded nearly $1 million based on allegations that are untrue.”

The week after the election, Dempsey’s attorney sent the county a letter and a doctor’s statement requesting a medical leave for Dempsey.  Dempsey was not eligible for medical leave because of her short employment tenure with the county; employees must work for the county for one year before they are eligible to take leave under the county’s family medical leave policy.

County commissioners granted Dempsey a “leave of absence” from work on Nov. 20.

Dempsey wanted nearly $1 million

In her claim, Dempsey alleged she was wrongfully fired.

She also claimed her right to free speech was violated, that she was the victim of discrimination, and her civil rights were violated. She also said she was subject to a hostile work environment, was defamed, and was subject to retaliation for being fired on Jan. 3.

The claim for $525,000 sought pay past wages and benefits totaling $15,000, plus future wages and benefits of $100,000. Dempsey also wanted medical expenses of $25,000, incidental damages of $10,000, general damages of $250,000 and punitive damages of $100,000. She also asked for $25,000 so she could repay her student loan.

Dempsey’s lawyer cited Dempsey, Banks, Vingo and Selby as witnesses to the case, as well as former deputy prosecutors, County Commissioner Mac McDowell, and the publisher and editor of The Whidbey News Times.

Letter of recommendation

As part of the settlement, Dempsey got a letter of recommendation from Banks.

Banks said he gave her a “fair” letter, saying that while she was employed at the office and actually worked, she did her job and he had confidence in her.  The letter of recommendation was very positive stating that she performed her lawyer duties at a high level, Moote said.

“She was an asset to the Island County Prosecutor’s Office and would be an asset to any law firm hiring her,” Moote said. “This letter was true and was needed to remove the cloud over her caused by the circumstances surrounding her last few months of work and then being wrongly fired.”

Prosecutor wanted his day in court

Banks remains confident that he would have been cleared if the case would have gone to court.  He said he was opposed to a settlement.

“I said, don’t pay her a dime,” Banks said.

“I would have liked to have my opportunity to say what happened,” he added. “But for the risk pool it was about dimes and nickels and avoiding the expense of a trial.”

However, Banks said he understands the pool’s reasoning behind the settlement.

“The legal fees to defend this suit would have far exceeded the $300,000 the risk pool agreed to pay to Ms. Dempsey and her lawyer,” he said. “In a recent Thurston County employment lawsuit that went to trial, the county’s legal fees alone exceeded $1 million.”

The costs to Island County to defend and settle this case was $10,000. The rest will come from the insurer.  Moote declined to say how much he will make in legal fees from the Dempsey case.

Banks said the settlement means an end to the dispute. Dragging out the fight would have had a detrimental effect on the Prosecutor’s Office, as Banks and Vingo would have been tied up with depositions, consultations and a trial, Banks said.
Office morale would have been damaged by media coverage, too.

“There is some benefit to just closing it out. It’s hanging over the office. It affects morale. We were working and living in a fishbowl for nine months,” Banks said.

In the long run, Banks said he will be vindicated by the continued successes of his office, and the hard work of his dedicated deputies and staff.  However, he expects political opponents to dust off the issue in time for the next election.

“I am sure it’ll pop up,” he said. “In my experience with election in this county, they’ll manufacture dirt if needed.”



Manure pile leads to ripe discussion in Langley
By MICHAELA MARX WHEATLEY
South Whidbey RECORD
Jun 23 2007

LANGLEY — There’s a big stink at the county fairgrounds in Langley.

But this time, it’s not about Fairgrounds Road.

The manure pile that usually sits up against the bluff at the edge of the fairgrounds has been growing in recent months and it’s not just animal waste and wood shavings.

Yard waste, concrete debris, treated wood and other waste has also been dumped on the pile — some of it on land now owned by the city of Langley for its Fairgrounds Road project.

The issue has been raging for the past week on the Langley Community Forum, a popular chat site for locals. And because of the city’s wellhead just northwest of the fairgrounds, concerns over the manure pile wafted into city hall Wednesday.

“The city has been aware of the problem for some time,” city administrator Walt Blackford said.

Langley asked the county to file a mitigation plan to resolve the manure pile issue with the city prior to this year’s fair. Blackford said Langley is still waiting for the county’s reply.

Even though the manure has been stored at that location on the fairgrounds for years, critics are now calling for city officials to protect the city’s water supply from the manure.

“I am concerned that the pile’s concentrated proximity to the city’s well may have an adverse effect on our water supply in the future,” resident Mike Klim wrote in an e-mail addressed to Langley officials.

“I know our regular water tests indicate no problem as of yet. However, I wonder how much longer will it take before we start noticing a little something extra in our drinking water?”

Island County may use a portion of the small triangle of land at the south end of the fairgrounds for a new manure holding facility. The to pour a cement base for safer storage.

City Planner Larry Cort sent a letter to the county’s public works department on Feb. 19 alerting them that the pile violates state-mandated “best management practices.” He also wrote that leachates could contaminate the aquifers or migrate as stormwater runoff from the fairgrounds into the public drainage system and Puget Sound.

As the owners of the fairgrounds property, the county is responsible for following best management practices.

Cort wrote that typically large amounts of composting materials must be lined to prevent leakage into the ground and a curb must prevent water washing the manure away.

Fair board chairman Dan Ollis said he is not aware of any formal complaints about the manure pile.

“As far as I know, we never got a complaint on our practices,” he said.

Fair organizers have the manure hauled off the premises regularly, but there is some aged manure still on site, he said.

The fair also has been fighting a problem with illegal dumping on the site.

As for yard waste and other debris, Ollis said, it comes from a number of improvement projects that volunteers have finished in recent months. Fair officials are waiting to collect enough material to fill a 20-yard dumpster to remove it.

“We want a better place to hold the manure and wood shavings,” Ollis added.

The fair receives $15,000 a year for capital improvements to the fairgrounds, this year they got $30,000, but Ollis said it is not a priority to construct a manure holding area because the fair has to upkeep aging buildings and fix rotting stalls and dripping roofs.

Janet Hall, WSU Extension Waste Warriors program director, said she has talked to fair administrator Sandey Brandon about the manure situation.

“I talked to them about what to do from now on,” she said. “Not just dumping a pile of manure.”

“It’s a resource in my mind. It should be used,” Hall said.

Hall added that Brandon told her that the manure would be hauled off this year and used to create topsoil.

The manure is not an immediate threat to Langley’s water supply, but a potential one. The water system is tested annually as directed by the State Department of Health, Blackford said.

Since 1997, the wells in question have been tested for nitrates 19 times.

Test results have ranged from 3.3 parts per million in 1997, to 1.2 ppm in 2006 and 1.6 ppm in 2007.

Washington’s drinking water quality standard for nitrate is 10 ppm.

Langley resident Hal Seligson said the city doesn’t have its state-required wellhead protection plan in place. That means it’s lacking an important tool for protecting Langley’s water.

“The mess of animal waste on the county fairgrounds in Langley is inappropriate, and it should be removed to a environmentally less sensitive area as soon as possible,” Seligson said. “However, the real threat to South Whidbey’s water supply is not a pile of biodegradable fertilizer. We are threatened by a lack of education about the genuine vulnerabilities of our aquifers, and by a lack of leadership to provide reasonable and enforceable mandatory safeguards according to Washington state law,” he said.

Seligson added that he believes that in Langley there is a ongoing absence of a plan by which the city safeguards its wells from man-made pollution.

“This issue is not isolated to Langley. It deserves serious attention throughout Island County wherever people depend on local wells for their water,” he said.

Langley’s public works director Rick Hill said the city has a consultant working on the wellhead protection plan, and expects to have a draft complete by the end of July.

“I would expect adoption of the plan sometime in October or November,” Hill said.


Fair faces hefty tax bill
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Jun 16 2007

LANGLEY — The Island County Fair Association may soon find a tax bill in the mail for roughly $2,700.

Fair board chairman Dan Ollis told the fair board Tuesday that the Island County Fair Association may have to pay three years worth of property taxes on a 10-acre parcel the association sold last year.  Ollis said county officials were considering charging the association for back taxes on a piece of land that was donated to the fair by the Waterman family in the mid-1980s.

The land was in possession of the fair association for two decades, but had wrongfully been declared tax exempt from most taxes at the county level. Fair officials paid only the levy for forest firefighting protection in recent years — roughly $15 annually — but no property taxes.

Island County Assessor Dave Mattens said he sent a letter to Ollis and association president Diane Divelbess last month to tell them that the Island County Fair Association will receive a bill from the Island County Treasurer’s Office in about 30 days for back taxes on the property.

Mattens said the challenge was to determine how far back the county could go in collecting taxes that had not been properly paid.

A statute of limitations prevents the county from seeking more than three years of unpaid taxes.  After discussing the issue with the state Department of Revenue, Mattens said the county will ask for taxes dating back to 2003, which would add up to about $2,700.  The assessor counted three year from the date the property was sold in January of 2006, counting the sale’s date as the point of discovery of the error.

Mattens said $2,700 is an estimate. He has plans to discuss the actual amount with the treasurer on Monday.  Mattens said that while unexpected tax bills would be a shocker to anyone, he said the association should pay the taxes.

“In a show of good faith, they should pay it,” Mattens said. “They got away with not paying taxes on the property for 20 years.”

He added it is in the best interest of the association to pay the back taxes.

“Bottom line is, if they contest, we could put a lien on the property,” he said.

Mattens said his office has to treat everybody equal.

“To no fault of their own, they got in this situation,” he said. “What’s fair?”


If the property wouldn’t have been wrongfully tax exempt, the association would have paid an estimated $11,000 to $19,000 over the course of two decades. Mattens did not want to place blame for the tax-gap oversight.


“How did that happen? Nobody knows. Who were the players? Who were the makers 20 years ago? Nobody knows,” Mattens said.  Because the land was never used for a fair-specific purpose, the association had no basis to be excluded from taxes on the donated land.

County officials learned that taxes had not been paid on the property after stories in The Record earlier this year detailed the association’s sale of the donated property.

The original quit claim deed for the property said it was donated to the Island County Fair, and thus would have been county property and exempt from most taxes. But fair officials said the land was actually donated to the fair association, and not the county.

The issue was finally resolved after Margaret Waterman, who donated the land in 1986, signed an affidavit earlier this year that said she intended to donate the land to the Island County Fair Association and a new quit claim deed was filed.

Once the ownership issue was cleared up, county officials eventually found that the land donation had been wrongfully tax exempt. Earlier this week, Ollis said that some county officials have said the association doesn’t need to pay the back taxes because the tax exempt status was caused by a clerical error. Others, however, have said the taxes should be paid.

The donation of the Waterman property to the fair came under scrutiny when critics of the fair association began asking about donations that fair officials had accepted to fund their legal battle with the city of Langley over an road easement.

Ollis said Thursday the association has not yet received the bill for back taxes.



Seven injured as tour boat crashes at pass
Whidbey News-Times
By Paul Boring
Jun 09 2007

A whale watching excursion near Deception Pass went terribly awry Thursday night when the vessel ran aground.

The 65-foot passenger vessel, Island Explorer II from Island Adventures in Anacortes, was traveling south of Deception Island at approximately 8 p.m. when the boat struck rocks submerged at high tide.

Jack Harrt, Deception Pass State Park manager, heard about the accident after a passenger on the boat, one of 52, relayed the news to a significant other via cell phone.


Ferry crash leads to traffic nightmare
South Whidbey RECORD
Spencer Webster
Jun 02 2007

CLINTON — An early morning ferry crash closed the Mukilteo ferry landing and caused delays for hundreds of travelers during the morning commute Friday.

People leaving Whidbey Island from Clinton were delayed for hours after the ferry M/V Cathlamet struck the dock in Mukilteo.

Operating with only one ferry, sailings on the route between Clinton and the mainland were halted before sailings were eventually resumed by late morning. Ferry traffic was later rerouted to Edmonds so emergency repairs could be made to the Mukilteo terminal.

At 6 a.m., the M/V Cathlamet came into the Mukilteo terminal at an “excessive” rate of speed and ran into the terminal causing damage to the vessel and the dock, said Susan Harris-Huether, spokeswoman for Washington State Ferries.

After the Coast Guard checked the dock, the ferry reassumed service with one boat.

“We were out of service for about an hour,” Harris-Huether said.

However, that wasn’t the end of it. Just after 9:30 a.m., another portion of the wing wall broke from the dock and fell into the Mukilteo ferry slip.

When the M/V Cathlamet hit the landing hard on the Ivar’s restaurant side, it damaged a dolphin, the large group of pilings that guides the ferry into the slip.  Because of the impact of the hit the dolphin collapsed and blocked the slip.

At that point Washington State Ferries shut down the Mukilteo terminal for emergency repairs and sent all island-bound passengers away, Harris-Huether said.

The cause of the accident is unknown at this time...

Once the news spread, curious onlookers and TV camera crews from Seattle swarmed the outdoor patio at Ivar’s to get a good look at the damage.  The ferry route was shifted to Clinton and Edmonds with one vessel, the M/V Kitsap...

Commuters sat waiting in their cars for hours. Some turned around after having already paid their ferry fare to make the long trip over Deception Pass to get off Whidbey Island.

While the incident caused long delays for commuters, most people took those delays in stride.  One commuter saw the delays and decided instead of stressing over the delay, he’d probably take some time for himself.

“If I don’t get on this ferry, it will be too late and will have to call it a beach day,” said Tom French. “These things happen and it is part of living on the island...”

And for the full report...

Ferry crash, traffic nightmare

Whidbey News-Times
By Jim Larsen
Jun 02 2007

Friday was a bad day for Whidbey Island ferry users as the MV/Cathlamet crashed into the Mukilteo ferry dock for reasons not immediately known.

Service on the busy Mukilteo/Clinton route was suspended temporarily after the 6 a.m. collision, stranding hundreds of Whidbey Island commuters making their morning run to their jobs on the mainland.

Shirley Wilson, owner of Shirley’s Kitchen, the trailer-based eatery on the Clinton ferry dock, was too busy to talk more than a few seconds just after noon on Friday. “I’m so busy I don’t know where to turn,” she said by telephone, noting that the ferry dock was full of cars and people waiting for the next boat.

It was a long wait, as a single boat, the MV/Kitsap, was carrying cars and passengers between Edmonds and Clinton. Edmonds substitutes for Mukilteo whenever that dock is out of commission.

“It’s two hours between boats,” Wilson said. “I gotta go!”

Normally, it’s only half an hour between boats on the short Mukilteo-Clinton route.

Marta Cursey, Washington State Ferries communications director, said in a news release that the 130-car Cathlamet “landed hard and damaged a dolphin,” the large group of pilings that guides the ferry into the slip.

The impact caused the dolphin to collapse and block the boat. A tug was dispatched to clear the dolphin out of the way. State Ferries hoped to resume service between Mukilteo and Clinton by Friday afternoon, always a busy time as hundreds of weekenders head for the island.

Ferry officials were fully aware of an impending traffic nightmare on the route. “We understand this is a high traffic route and that a nice Friday afternoon will see many travelers headed to Whidbey Island and the Olympic Peninsula,” said Traci Brewer-Rogstad, director of marine operations, in a news release just before noon on Friday. “We’re working hard to have full two-boat service up and running again this afternoon.”

One of the two smaller boats serving the Keystone/Port Townsend run, the MV/Quinault, was dispatched to the Clinton route, meaning Whidbey Island’s second ferry route would also be overwhelmed by Friday traffic. Five scheduled Friday afternoon departures from Keystone were canceled as a result. The same thing happened on the Port Townsend side.

State Ferries described the cause of the accident as “unknown at this time,” and an investigation was under way in collaboration with the Coast Guard and State Patrol. No injuries were reported.

The Cathlamet is one of the Issaquah Class boats that had computer propulsion problems when they first entered service in the ‘80s. Several dock collisions occurred in both Mukilteo and Clinton, but this is the first such incident in years.



County gets its picture taken
Whidbey News-Times
By Paul Boring
May 30 2007

Using cutting edge technology and a camera you definitely wouldn’t want to drop, the entire county is scheduled to be photographed from one mile up.  The Island County Public Works Department project has already begun, literally from the ground up.

Through a federally funded transportation planning contract with Bothell-based W&H Pacific, and sub-consultants including Oak Harbor’s Fakkema and Kingma, the county is establishing survey control monumentation. Consisting of round caps placed in the middle of painted on white crosses, the monuments mark strategic survey points in the county.

“Fakkema and Kingma are highly regarded for their land surveying work,” said Randy Brackett, Public Works assistant county engineer. “They are helping select monument sites and paint them.”

The county is having 56 monuments surveyed in addition to selected Washington State Department of Transportation monuments. At each site, a surveyor sets up equipment and with the help of Global Positioning Satellites, generates unique location coordinates. The painted markers will help identify the points when a 90 megapixel digital camera operated from a plane flying one mile above the county takes photographs in a series of strips.

“There will be 12 computers on the airplane just to handle the download of imagery as the plane flies 140 miles per hour over the ground,” Brackett said. “We selected digital imagery because it provides better overall quality than conventional film.”

And with digital photography, each click of the camera shutter will simultaneously collect black and white, color and infrared images. The ability to contrast colors with the digital images also allows the county to see through shade created by trees and other obstructions in the road right-of-way.

“It will make it much clearer for us,” Brackett said.

After the photo shoot

After the two or three days of actual flying and photographing, which will be completed by MJ Harden Associates, the most time-consuming work known as ortho-rectification for color imagery begins. The lengthy process adjusts the imagery for topography and melds each photo together to eliminate lines and overlapping. The result will be a full color county-wide scalable image.

Public Works, like other county departments throughout the country, is hampered by a diminishing budget. The geodetic project will ultimately help free up time to spend on other matters.

“Employees at all levels of the department are amazing with all the things we’re working on,” Brackett said. “We’re continually looking for ways to improve projects and reduce costs. With less money coming in, how can we save time and improve that workflow?”

Field trips and data collection will be reduced, as the imagery will put information at the staff’s fingertips.

“Re-striping the roads, for example,” Brackett said. “Right now, our traffic engineer has to physically go out and mark the locations of changes in centerline striping. However, once we locate where changes from ‘no-pass’ to ‘passing’ should occur on the digital aerial map, we will have exact coordinates that tell us where that change needs to happen for safety purposes.”

Instead of the traffic engineer making field trips annually along the roadways, the department can have its striping crew equipped with a GPS-enabled laptop that tells them, or even directly connects to the spray equipment, to paint the appropriate striping pattern consistently every year.

Striping is only the beginning. The imagery will also help show lane and pavement widths, driveways, culverts, utilities and help in researching high accident areas on county roads. Part of the need for the project is the reality of an aging workforce.

“As is the experience across the nation, the baby boomers among our staff have already begun retiring,” Brackett said. “If there isn’t an effort to capture their institutional knowledge, the department risks losing an invaluable bank of local knowledge, making it a steep learning curve for new employees. By moving as much of their knowledge into a Geographic Information System as we can, we can preserve and make more accessible the history and maintenance of our assets.”

System may cut confusion

GIS is a powerful analytical tool that uses aerial photography and other map information. Not only will it help public works with roads and storm water management, it provides greater understanding of the two islands, including topography, changes in canopy cover, bluff erosion, and shoreline conditions, and the respective interrelationships involved.

The entire project will cost $310,000, $75,000 of which will be financed by the county gas tax fund. Brackett feels the money spent will pay substantial dividends over the next few years.

“We are also looking into how we can publish this information over the Internet,” he said. “Google Earth and Microsoft’s Vitual Earth are two examples of portals that allow the public to view aerial data and print it out in a range of scales based on the user’s needs.”

A $50,000 budget within the project allows for transportation GIS applications to be developed through the Tetra-Tech KCM office in Stanwood. The company has made other GIS tools including the county’s non-motorized transportation plan and critical areas map.

“I just finished reading a book, written for elected officials, how Geographic Information Systems are aiding public officials around the world in making better decisions, putting all community infrastructure information at their fingertips, as well as the public’s fingertips,” said Island County Commissioner John Dean. “If anyone wants to see the power of this technology for communities like ours, I would recommend they do a Google search for Pierce County Public GIS and take their system for an online test drive.”

With the technology that is already available, and more on the way, Dean said there is no reason for the courthouse of the future to depend on reams of paper, lost maps, and confusion about where pipes are buried, where wells were drilled, or where septic drain fields were built.

“If we build our digital databases over the next few years and link them to the aerial ‘photomaps’ we are acquiring this month, we will have a powerful tool to give islanders the information they need or want with a minimum of staff time,” the commissioner said. “I look forward to it.”

The flight is planned for June and the imagery will be provided to the county before the end of the year.  In the meantime, public works will be coordinating with potential users, including other departments, state agencies, cities and utilities to make widespread use of the imagery.

“We’re very excited to have the ability to share this technology and its benefits with the Island County community,” said Bill Oakes, county engineer.



Creosote clean-up scheduled at beach
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
May 26 2007

FREELAND — Even though Tony Frantz won’t start creosote log clean-up work at Double Bluff Beach until Tuesday, he has been at the beach everyday lately combing through the driftwood.

“Kids build forts with it,” he said with a concerned face.  Frantz pointed to a big pile of dark, contaminated debris tucked away in a remote corner of the beach.

“I pulled this out of their forts,” he said.  Frantz is an independent contractor who will clean-up chemically treated wood swept ashore at Double Bluff Beach next week. He’s also led past projects to rid Whidbey’s shores of the toxic wood.  The work will start Tuesday and should be completed by June 6. All work will be done between 7:30 a.m. and 6 p.m.

The creosote treated logs are frequently found at local beaches. However, during the hot summer months ahead, toxic chemicals may begin oozing out of the wood and soaking into the ground.  Creosote poses a health risk for animals, humans and the environment in general, Frantz said.

“They call it the witches brew, because it kills everything it comes in contact with,” Frantz said. The Washington Department of Natural Resources in cooperation with Island County Parks are sponsoring the clean-up project as a part of the Puget Sound Partnership.

It’s part of a larger Sound-wide effort to remove creosote-treated debris from the marine and estuarine waters. More than 400 tons of debris has been removed from Island County’s beaches alone since 2004 . Frantz expects to remove about 400 pieces creosote wood from the short stretch of Double Bluff Beach. The last clean-up at Double Bluff was conducted in 2005.

“It’s coming from abandoned docks and wharfs, landslides. Usually, it’s storms that beat up the old structures,” Frantz said. “But there’s also a lot of illegal dumping. Because we find a lot fresh.”

Frantz added that this year’s clean-up efforts may be especially challenging, because winter storms have pushed debris deep into marshes and far away from the shore.

Frantz warns beachgoers to stay away from driftwood that looks dark or shiny. He said he once had to go to the hospital for creosote poisoning after inhaling too many toxins early in his career.  Creosote coal tar contains dozens of carcinogens that are easily absorbed through the skin. It is deadly to forage fish eggs and other marine organisms.

This material hides in plain sight, but turns gray over time and is hard to tell apart from the color of natural driftwood.

“If the chemicals were in drum with toxic printed on it, leaking onto the sand, everybody would want it cleaned up,” Frantz said.

“Being a piece of wood changes the perception,” he added. But the awareness has grown in recent years and so more and more clean-up efforts are being launched.

Even though creosote is swept ashore every day, Frantz said the tide is slowly turning.

“We’re putting a dent in it,” he said.

To learn more about creosote and disposal of treated materials, go to the Website www.pscap.net.



A closer look: Island County's new wetlands rules

South Whidbey RECORD
By BRIAN KELLY

May 19 2007

The hand wringing has begun over Island County’s new rules covering development near wetlands.

County officials unveiled the new rules last week as part of the overhaul of the county’s “critical areas” regulations that were last updated in 1998. “Critical areas” are environmentally sensitive areas such as wetlands, streams and steep slopes.  County officials have acknowledged that the new wetlands rules are complex and confusing.
“It is complex, and that’s a bit of a worry to me,” County Commissioner Mike Shelton said.

Beyond new rules, the package includes the adoption of different policies in the county’s comprehensive plan — its long-range guide for handling growth and development. Included at the same time, too, is the launching of a new land stewardship program, and the regulatory adoption of a “best available science” standard to support the new rules.

“It’s a huge bite to swallow. If there was some simple way to do it, we would pursue simplicity in a heartbeat,” Shelton said.

A major update

Island County was the first county in the state to adopt wetland regulations in 1984, but few changes have been made to the rules in the two decades since they were adopted.   In the existing rules, the no-go areas around wetlands called “buffers” were based solely on the type of the wetland being regulated.

Under the new regulations, Island County will categorize wetlands into four classes, and the county will work with property owners to determine the size of buffers, which will range from 20 feet to 300 feet based on a number of factors.  Rufus Rose, president of the Island County Property Rights Alliance, said there were multiple areas of the new rules that concern him.

“The hardest question I have is why is it prohibited to open up wet marshes and peat marshes to open water?” Rose asked. “Every wet area started out as open water, and to make it illegal to return some of this to wildlife habitat — why would it be wrong?”

Rose also cautioned that buffers of any size will pose impacts to property owners, especially farmers. As trees continue to grow in buffer areas, for example, they will cast bigger shadows and reduce the productivity of adjacent farmland.  Although the new rules include provisions for “buffer averaging” — which would reduce what Rose calls “no touch ’em” areas in certain spots — and ways to mitigate development impacts to wetlands through the use of wetlands banking on off-site lands, Rose said such efforts are limited.

“It’s kind of like saying, when you whip me, do I like it when you only whip me on the left side and not the right side,” he said.

“I think there is a religious zeal in protecting wetlands now that does not reflect balance,” Rose said. “I’m very concerned that we are overreacting and over-regulating.”

The old way

Beyond the obvious types of wetlands — ponds, bogs, streams and lagoons — scientists say wetlands can also include land that wouldn’t wet a frog’s bottom.

Wetlands can be land that’s soggy enough to support plants that live in saturated soils, or places where there is never any water on the surface, so long as the ground 1-foot-deep is saturated two weeks a year.  The county has broken down wetlands into three groups since 1984: Category A (tidal wetlands or wetlands where there are mostly native plants); Category B (where there are mostly non-native plants); and Category C (man-made wetlands such as pond farms).

Category A currently carries a 100-foot buffer; Category B,  50 feet; and Category C, 25 feet.  More than 80 percent of wetlands in Island County are now categorized as “A,” according to a recent report on wetlands.

The new regulations are focused on three factors: type of wetland, vegetation and land use, said Phil Bakke, director of the Island County planning department.  And under the new rules, wetlands will be labeled under four categories. Category A wetlands are bogs, coastal lagoon wetlands, delta estuary wetlands and wetlands with mature forests.

Category B wetlands are large, non-tidal ponded wetlands, wetlands associated with bogs, coastal lagoons or delta estuaries, and streams with “anadromous fish,” fish that are born in freshwater but migrate to the ocean before returning to reproduce.

Category C wetlands are other tidal wetlands, streams with resident salmon and native plant wetlands.

Category D wetlands are all other wetlands not already classified.

The county has 2,301 acres of wetlands in Category A. In Category B, 3,666 acres. In Category C and D, 3,682 acres.  According to the county wetlands report, all but 1,019 of the 9,649 acres of the wetlands in Island County are owned by the public.

The new rules

The draft regulations come as development consumes more and more rural land in Island County.  The number of clearing and grading permits in Island County has more than doubled since 2000, when 36 permits were issued. A total of 72 permits were issued in 2004, and 81 were issued in 2005.  Most of the clearing permits issued over the past five years have been for properties between 5 and 9.9 acres.

Bakke said the new rules will be difficult for some property owners to understand, largely because buffer sizes will be determined after a wetlands review is conducted by the county and the property owner.   The county will consider the type of wetland, the vegetation found there, and the use of the land before applying a set of rules to the property.

“There’s a reason for the complexity,” Bakke said.

“Our ordinance today is pretty simple. When we try to cater regulations to meet your specific conditions. You can’t help but get more complicated.”

Buffers that are set to maintain water quality, for example, range depending on the land use from 40 feet to 200 feet for Category A wetlands, 35 feet to 175 feet for Category B wetlands, 30 feet to 150 feet for Category C wetlands, and from 20 feet to 70 feet for Category D wetlands.  Overall, buffers will be even larger on some properties.

“There will be people who will have larger buffers,” Bakke said.

“We don’t think there is going to be a rash of 300-foot buffers,” he added.  Also, unlike the existing ordinance, there will be no size limits to wetlands that fall under regulation.

“That will cause a lot of concern,” Bakke said.  One potential problem, however, is that the smallest wetlands are hard to find and identify.

By the numbers

The county has 958 wetlands that cover 13,429 acres; roughly 2,079 acres are outside the county’s jurisdiction.

Last August, the county issued a comprehensive study that said wetlands were healthy on Whidbey and Camano islands. The study used maps, aerial photography, satellite images, information from 720 permit files and site visits to 103 wetlands to gauge the health of wetlands on Whidbey and Camano islands.

The 244-page report, written by wetlands scientist Paul Adamus, also said the 1984 rules to protect critical areas looked like they were working.

Study offers details

The August 2006 report examined key indicators of wetland health, including plants, wildlife and wetland quality.

Historically, Island County has been drying out since settlers started coming in numbers in the mid-1800s. It’s estimated the islands had 22,574 acres of wetlands, about 17 percent of the county, which has since dropped to 13,428 acres of wetlands today.  The amount of original wetlands lost here, about 41 percent in Island County, is close to wetlands loss rate for the lower 48 states during the same time frame.

Most wetlands were lost, the study says, at the turn of the late 1890s/early 1900s as pioneers drained and diked wetlands.  Not only has the number of wetlands dropped, but the area covered has, too, and wetlands in Island County are becoming increasingly isolated; no longer connected to each other by streams, estuaries and other wetlands.

The Adamus study did not extensively address water quality, saying that such data was lacking and difficult to collect.  To overcome the data gap, the county has adopted a new water quality monitoring program to get information on water quality, the study says.  The county’s wetland study also notes other data deficiencies.  It says that trends in wetland species cannot be scientifically defended due to a lack of a historical, quantitative baseline. There is not enough local data to pinpoint trends on plant and animal species before and after the county adopted its first wetlands regulations in 1984. There’s also almost no historical data in Island County on water quality, sediment contamination and the spread of non-native plants.

Based on science

State rules require Island County to use the “best available science” as it overhauls its critical area rules. If the county doesn’t, it’s likely a state growth board would reject the rules.  With the public release of the new rules, the county has also issued its report on the “best available science” it used as the basis for its wetlands rules. Bakke said the county’s “best available science,” or BAS, will meet the mandatory milestone set by the state.

Adamus, who has been working as a consultant on wetlands issues for the county’s critical areas rules for more than two years, wrote the 77-page BAS report. It was released last week.

“This is the spine of the regulations. This provides the scientific basis for the ordinance,” Bakke said of the BAS report.

“We have leading experts in the world reviewing things specific to Island County.

“This is a remarkable effort,” Bakke said, adding that many jurisdictions have simply adopted the state Department of Ecology’s guidelines, which were based on a review of 100 wetlands across Washington state.  Island County’s “from scratch” effort, however, is based on local conditions.

“Ours is based on 100 wetlands in Island County,” Bakke said.  Island County’s wetlands are vastly different than those found in King County, for example; Whidbey and Camano wetlands aren’t influenced by floodplains and rain-soaked rivers.  Bakke said he expects the county to be challenged on what it says is its BAS.

“I think the county will be challenged, but the county will prevail,” he said.

The county has been regularly meeting with state agencies as the new rules were put together, and three peer review groups have examined the new rules. The groups included agency scientists, public and private sector scientists from across Puget Sound, and internationally recognized wetlands scientists from Maine, Oregon and Canada.

Shelton said the rules themselves were tailored to Island County and did not rely on the template established by the state.

“I believe our ordinance will be a better ordinance,” he said.

Shelton recalled the model ordinance suggested by the state Department of Ecology, and how property owners needed to hire biologists to examine their property, at $1,500 to $2,000 a pop, to complete an evaluation. Evaluations of the same property, he added, can have different results.

“The thing that we are finding with the counties that have adopted the ordinance is there appears to be little consistency,” Shelton said.  Other new changes include a new “rural stewardship plan,” an idea inspired by the backyard habitat program that’s been so popular on Camano Island.

The rural stewardship plan is a voluntary program for people who own rural parcels 1 acre or larger. It will give property owners the chance to get reduced regulations and property tax breaks if they make a long-term commitment to protect important habitat, using environmentally friendly fertilizers and pesticides, and keeping clearing to a minimum. Other options include designating conservation easements, reducing the size of lawns, building narrower driveways or using other low-impact development techniques, or installing drought-tolerant vegetation.

“The plan can serve two purposes; it can serve as a way to get points for the Public Benefit Rating System,” Bakke said, referring to the property tax reduction program. “Or, if you commit, you can be put into a less intensive classification for wetlands.”

“We’re trying to change the culture from a heavy reliance on regulations to one that has an equal reliance on education,” he said.

Meetings planned

A series of public workshops on the new wetlands rules will be held this month and next.  The schedule is:


• Monday, May 21 (6 to 8 p.m.) at South Camano Grange Hall, 2221 S. Camano Dr., Camano Island;

• Wednesday, May 30 (6 to 8 p.m.) at the Race Road Fire Station, 1164 Race Road, south of Coupeville;

• Thursday, May 31 (7 to 9 p.m.) at the Taylor Road Fire Station, 3440 Taylor Road, North Whidbey;

• Saturday, June 2 (10 a.m. to noon) at Four Springs Lake Preserve, 585 Lewis Lane, Camano Island;

• Wednesday, June 6 (6 to 8 p.m.) at the Race Road Fire Station;

• Thursday, June 7 (6 to 8 p.m.) at Trinity Lutheran Church, 18341 Highway 525, Freeland.

The Property Rights Alliance is also initiating a public conversation on the new rules that Rose hopes will last for months. It starts with a public meeting the alliance is hosting from 2 to 4 p.m. Saturday, May 19 at Grigware Hall at Trinity Lutheran Church in Freeland.

The county planning commission will hold hearings on the rules this summer and fall.  Rose said the Property Rights Alliance will do its part to help Islanders understand the new regulations.

“It is so complex and time-consuming that the average citizen can’t participate,” Rose said.

“It’s incredibly complex.”



Records detail origins of deal

South Whidbey RECORD
By BRIAN KELLY
Apr 28 2007

LANGLEY — Island County fair officials wanted much more than they got in the proposed settlement offer over Fairgrounds Road, according to documents released by the county this week.  Public records also show the settlement was almost endangered by an eleventh-hour request by fair administrator Sandey Brandon for access through the construction zone every weekday except Monday.

Langley officials announced an “agreement in principle” on April 18 with fair and county officials in the fight over Fairgrounds Road, a city street that Langley wants to build across the southern tip of the county fairgrounds to lessen future traffic troubles in town.  Fair officials have fought the city’s attempts to get an easement across the fairgrounds for more than a year, but the county fair board and county commissioners agreed to settle the dispute with Langley earlier this month.

The agreement, when finalized, would end the city’s condemnation lawsuit against Island County in exchange for a road easement.


Details of the “agreement in principle” came to light early last week when Langley released a draft copy of the agreement. The early draft of the settlement charted a path through the issues that have been an obstacle to the easement request, from handling storm-water run-off at the fairgrounds, to resolving potential noise complaints, to closing the road during the annual fair.

Public records obtained from Island County, however, indicated that fair officials had a long list of items they wanted addressed before they would agree to grant an easement.  Conditions for an easement approval included a $100 fee that Langley would pay the county for every home built south of the fairgrounds. The fee would be assessed at the time that any building permit was issued for homes south of North View, east of Al Anderson Avenue, northwest of Langley Road and north of Maxwelton Road. The fees would be earmarked for use by the fair, according to a two-page list of conditions that fair officials presented to county commissioners on April 2.

The list also includes projects long sought by fair officials, but too expensive to build under the fair’s annual allotment of county money for fairgrounds improvements. 
Those projects included a restroom for the campgrounds, as well as a pump-out station for recreational vehicles.  Fair board members also requested a sewer line extension to the fair midway — the row of food booths near the carnival area of the fairgrounds.

Also, fair officials wanted the city to abandon any attempts to get school district property on the north side of the fairgrounds.  In a cover letter, fair board chairman Dan Ollis said the list of conditions for granting the easement was a draft.

“The board has not blessed this completely, but is 90 percent there,” he wrote.

A bigger deal

According to the draft list of conditions, fair board members wanted:


• Proof that other easements had been obtained and recorded for other private property needed to build Fairgrounds Road;
• The final road plans approved by county engineers;
• A straight road constructed, using the least amount of fairgrounds property;
• The road built with standards approved by the county, and not the city;
• A closed drainage system for the street with no open ditches;
• Removable fencing next to the road;
• The road built at the same level as existing property, to the extent possible;
• A guaranteed, Monday-to-Monday closure of the road during fair week;
• Closure of the road for large events by special permit;
• A ban on above-ground utility easements;
• A “no gripe coming” arrangement to prevent future residents from complaining about the use of the fairgrounds;
• A $100 fee for all building permits for homes south of the fairgrounds, and the money deposited in the county treasury for use by the fair;
• A commitment for the city, county and fair board to work to develop a city plan and ordinances for the fair and a change of the zoning for the fairgrounds;
• The construction of a manure holding area;
• The construction of a storm-water run-off detention pond on the uphill property, and the control of storm-water so it would not impact the fair;
• The city to repair and fix any damage to the fairground if storm-water water becomes an issue after the road is in place;
• The construction of a restroom and an RV pump-out station for the campgrounds;
• The city to agree to abandon any future claim to the school district property on the north side of the fairgrounds;
• A sewer connection that would link the fair midway to the city main sewer line along the alley between the fair and school properties.

Still, fair officials said four of the 15 items were negotiable: the $100 per home charge, the construction of a manure holding area, the construction of a campground restroom and RV pump-out station, and a sewer line connection to the midway, according to a letter Ollis sent to commissioners.  E-mails and other documents released this week also shed new light on the early negotiations over the settlement.

Shelton steps in

County Commissioner Mike Shelton, who brokered the deal between the county, the fair and the city, rejected several of the requests made by fair officials in early April.

In an e-mail sent to fair board members April 2, Shelton said he would talk to his fellow county commissioners about paying for the campground’s restroom, and said Langley would be asked to fund the pump-out station. (Langley later agreed to pay for the extension of the sewer line along Langley Road, because the city would eventually have to extend the sewer line south, anyway, but would not pay for a side connection to the pump-out station.)

Shelton also shot down the request to have the city step aside on the issue of the adjacent school property.

Last year, the South Whidbey School District launched an extensive review on the future use of its facilities, and there has been some talk about what may happen to Langley Middle School, its playfields and other land just north of the fairgrounds. Fair officials have been told by their long-range consultant, Norm Landerman-Moore, that the fair needs to grow in order to survive, and it must also operate on a year-round basis.

The fair board sent a letter to the school district in February 2006 that said the fair wants the school’s ballfield property if the school district ever considers selling the land.  Shelton, in his e-mail to the fair board, said he didn’t support including talk of the school district property in the settlement offer.

“I cannot support this item at all,” Shelton wrote.

“First of all, there is no intention I know of to sell the existing property on which the middle school sits. I happen to sit on the committee that the school has set up to study facilities and I don’t think the elimination of this site will be an outcome.

“If it is deemed to be excess property of the school district then that raises a number of issues around zoning, the county’s ability to purchase some [of] it, among other things,” Shelton continued. “It is just too remote of a possibility to ask Langley to now commit to something well into the future.”

Deal trimmed

According to the e-mail, Shelton also waved off the fair board on its request for a sewer line extension to the midway.

“The sewer connection for the midway will be a negotiation the county will have to have with the school district and really has nothing to do with Langley,” he wrote.

The sewer line extension was something fair board chairman Ollis once called the fair’s “most troublesome problem.” Food booths along the midway cannot expand without access to a sewer line.  Fair officials have also long wanted an RV pump-out station and restroom at the campgrounds on the fair. The fair board completed a plan for improving the campgrounds in March 2003 that included the dump station, which fair officials said would encourage trailer tourism on Whidbey.

Several issues raised in the draft settlement agreement will need additional work before they can be resolved.

An alternative for a manure retaining wall that was requested by the fair will have to be found, since the retaining wall will be made of rock, not concrete. Also, although the city has agreed to work with the county to develop a master plan for the fairgrounds, the Langley City Council must approve any changes that are made to the zoning of the fairgrounds.

Compromises made

Some of the early conditions requested by the fair board were addressed at the start, according to public documents obtained by The Record.

The fair’s request to limit future complaints of neighbors to the fair was resolved after the county planning department supplied similar rules that alert property owners of potentially conflicting land uses nearby on farmland or the Ebey’s Landing Historic Reserve.

A new chapter to Langley’s regulations was prepared, titled “Island County Fair Protection,” that would requiring warning people who owned property within 500 feet of the fair that they could be subject to the sounds and smell of livestock, plus dust, flies, fumes, outdoor concerts and other activities associated with the fair. Nearby land that is sold or transferred would also carry the warning.

The draft settlement offer was still undergoing revisions the day before it was announced publicly.

Shelton told Langley officials, in an April 17 e-mail, that the fair board wanted rumble devices placed on the eastbound lanes of the new road so drivers would know they were entering the fairgrounds.  Other additions included proper signage along the street, and a request to maintain access to the fairgrounds during road construction on the weekends because horse shows had been scheduled.

Late drama

In an April 17 e-mail to the city, Brandon, the fair administrator, listed 17 times throughout May, June, July and August when access would be needed.  Brandon also said access was needed for horse-riding groups that met every Tuesday, Wednesday, Thursday and Friday night.

“Scheduling major construction around the busiest time of the year is not an option, in my opinion,” Brandon wrote. “The large horse trailers CANNOT come through the main gate and there is no other access route.”

While the city agreed to ask the developer of Fairgrounds Road to keep the south entrance to the fairgrounds accessible during the 17 times requested, the city bristled at the suggestion to expand the time frame for access to include Tuesdays, Wednesdays, Thursdays and Fridays.  Combined with the 17 times where access was needed — for events at the riding arena and the fair itself — that meant access through the construction area would have been needed for 98 days out of 123 days in May through August.

“From the schedule below (and subsequent phone conversation with Sandey [Brandon]), I understand that the request is also being made for access every Tuesday, Wednesday, Thursday and Friday evening,” City Administrator Walt Blackford wrote Shelton in an e-mail late in the day on April 17.

Blackford warned the commissioner that he had spoken to Mayor Neil Colburn and the request could be a deal breaker.

“After talking to Neil, he wants to know if you realistically expect road construction to allow unlimited access in this way? If the county is going to provide an easement and then insist upon conditions that make it impossible to build the road, then we don’t have much of an agreement.”

“With this schedule...the road cannot be built until September,” Blackford continued. “Is this the only option? If so, then Neil has some problems with the agreement.”

The draft settlement released this week did not include a guarantee of access on Tuesdays, Wednesdays, Thursdays and Fridays.  City officials said earlier this week that the draft settlement was undergoing revisions based on the legal review conducted by county and city attorneys.  The draft agreement itself limits resolution of the 14 items listed to the county and the city; conditions to be met under the agreement do not require the involvement of the fair board.

For example, the county will request the road to be closed during large events, and not the fair board. Langley will also specifically work with the county on future zoning issues, and Langley will also wait for the county to request an extension of the main sewer line along Langley Road for the RV dump station.  It also appears that the draft settlement was first written to reflect an agreement between the city and the county; a place for the fair board chairman to sign was one of the last things added to the agreement, a day before it was announced, according to an April 17 e-mail from the commissioners’ office to the city.

Both sides in the dispute said Thursday they didn’t want to talk about the origins of the agreement, or particular parts of early negotiations.  Instead, city and fair officials said they were focused on the future.

“I think the fair board is very happy with the agreement in principle. We are looking forward to getting this behind us and moving forward,” Ollis said.

“The city’s optimistic that the agreement will be approved by the commissioners...within the next two weeks, and that the easement will be granted as soon as possible,” Blackford said.
 




City releases draft settlement on Fairgrounds Road
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Apr 25 2007

LANGLEY — The proposed settlement between Langley, the county and the Island County Fair Board may resolve many of the concerns over Fairgrounds Road that fair organizers have raised for more than a year.

The city announced the settlement last week. In a draft agreement obtained by The Record through a public records request Monday, the four-page document states how issues ranging from water run-off at the fairgrounds, to potential noise complaints, to a rezone of the fairgrounds property will be handled.  he final agreement itself may look different, however.

Mayor Neil Colburn warned that the document has already undergone some minor changes as county and city lawyers work to formulate a legally binding contract.

“Lawyers from the county and from the city have made subsequent requests for additional clarification, and changes,” Colburn explained.

Deal reached

City officials announced April 23 that the county, city and the fair board had come to an “agreement in principle” to end the long-running feud over the construction of a city street across the county fairgrounds. The fight over Fairgrounds Road, a proposed connector street that would lessen traffic troubles on Langley’s developing southern end, had dragged on for more than a year.

Until lawyers for the city and county have completed their review of the proposed settlement, the agreement remains unsigned. The commissioners are not expected to vote on the agreement until Wednesday, May 2 at the earliest.

Once finalized, the city will get an easement across the public fairgrounds for Fairgrounds Road. In exchange, Langley will abandon its condemnation lawsuit in Superior Court for the land needed for the street.

‘No gripes’

According to the draft agreement, dated April 18, there will be some minor changes for new neighbors of the fairgrounds.

Newcomers will be given a “No Gripe Coming” notice when they buy a home, warning them that they live near the fairgrounds where the county fair and livestock events are held regularly. The document will be patterned after similar rules the county has in place for property owners near the Navy’s Outlying Field and the Ebey’s Prairie historic preserve.

Fair officials have been concerned in the past that as development in Langley continues, fair operations may be suffocated by complaints by neighbors.

In the proposed agreement, the city and the county also agreed that construction and fair operations won’t interfere with each other as development of the Highlands gets underway. The developer of the Highlands will make sure that vehicles such as horse trailers can still use the south entrance to the fair on a number of occasions between May and August.

The developer also has to make sure that the flat area of the road easement will be cleared and usable from Aug. 6 through Aug. 20. Construction can resume on Aug. 21, two days after the end of this year’s fair.

Under the terms of the agreement, Langley must also give the county proof that the city has already obtained an easement for Fairgrounds Road on the other side of the fairgrounds property. Some road opponents had questioned whether the developer had gotten the other easements needed for the road. However, the easement in dispute was recorded with the county in March by the developer.

According to the agreement, a copy of the easement was delivered to the county along with the settlement agreement.

When Commissioner Mike Shelton and Colburn meet in May with city and county engineers to finalize the engineering plans, they will discuss the exact route of the road, as well as making sure that carnival vehicles have enough space to get on and off the fairgrounds effortlessly.

The city will also agree on proper signage on the eastbound lane of Fairgrounds Road to signal drivers that they are approaching the fairgrounds entrance.

The engineering meeting isn’t planned until mid-May, due to scheduling issues.

The draft agreement also states the city will extend the main sewer line along Langley Road to the fairgrounds to service the RV dump station at the fairgrounds if the county requests the extension.

The stormwater system for the new road, which had been a major complaint from some fair supporters, will consist of open, grassy swales as the new street climbs the bluff at the edge of the fairgrounds property. Stormwater will be sent underground as it crosses the flat part of the fairgrounds.

The city will be responsible for any damage to the fairgrounds due to the construction or design of the stormwater system, according to the agreement.

The city also promised to support the county in efforts to get the zoning of the fairgrounds changed, according to the agreement.

The fair board and the county have talked in the past about expanding the permitted uses, and some suggestions have been controversial, such as the introduction of motor sports races. Fair board chairman Dan Ollis said this week ideas such as a race track have been already taken off the table.

The city also promised to provide removable fencing near the new road, to build a retaining wall for the manure pile at the fairgrounds, and to allow only underground utilities within the road easement. The city also said it would close Fairgrounds Road from Monday through Monday during fair time. The county will also be able to ask for the road to be closed at other times if it seeks a special permit for a closure.

After the draft agreement was announced last week, city and county officials stressed their commitment to the agreement and welcomed the opportunity to work together on fair related projects in the future.

The city and the county hammered out the deal in two weeks of low-key negotiations. Shelton was the driving force behind the settlement, people on both sides of the dispute said.

Ollis said the fair board voted for the agreement last week, and the decision has since been praised by city and county officials and community members alike.  A planned demonstration over the road impasse Saturday turned into a celebration instead that attracted nearly three dozen people. Some city and fair leaders participated in the walk.  


Details still sketchy in Fairgrounds Road deal (FIRST ARTICLE HERE - OK TO HIGHLANDS DEVELOPMENT)
South Whidbey RECORD
By Michaela Marx Wheatley
Apr 18 2007

LANGLEY Mayor Neil Colburn said details on an agreement that will end the long-running dispute over Fairgrounds Road will be hammered out by the end of next month.

Langley officials announced an end to the fight over an easement across the county fairgrounds at the council’s meeting Wednesday night. The proposed agreement would mean the end of an extended feud over the strip of land that’s needed to build a quarter-mile stretch of city street between Al Anderson Road and Langley Road.

Colburn said he was "cautiously confident" that an agreement to end the skirmish over Fairgrounds Road would hold up, citing Island County Commissioner Mike Shelton’s work in quelling the quarrel.

"I may not like how Mike Shelton does everything he does, but I believe in his integrity," Colburn said.

“We're moving from litigation to negotiation," Colburn added.

County commissioners, with the blessing of Island County fair officials, have agreed to grant the city of Langley an easement so a city street can be built across the county fairgrounds. City officials say the new road is needed to lessen traffic impacts from the Highlands, the largest housing project in city history.  Construction of the 53-home Highlands was scheduled to begin this week. Fair officials had refused to give the city a route across the public property, citing safety concerns and potential impacts to the fair campgrounds.

Details of the deal were not announced. Instead, specifics of the agreement will be released following a review by city and county lawyers. That may stretch through May, Colburn said.

Langley initially offered the fair association approximately $138,000 in site improvements in exchange for the road easement including changes to the stormwater drainage system, a sewer line extension along Langley Road, and the installation of a dump station for recreational vehicles – in an offer the city tendered in March 2006.  That deal dropped to $72,000 in improvements by June 2006, however.

And after the condemnation lawsuit was filed by the city last October, Langley offered just $12,075 for the roughly half acre of land needed for the Fairgrounds Road project.  City officials released a statement to the press at tonight’s meeting that said all sides were now in agreement on a deal.

"The commissioners are very pleased that this matter has been resolved to the satisfaction of all parties. We look forward to working with the city during the construction process to assure minimal impact on fairgrounds events," Commissioner Shelton said in the press release.

Fair board chairman Dan Ollis said the agreement will let the fair board focus on its job of putting on the fair, and he praised the work done by fair volunteers.

"Volunteers are typically very passionate about where they choose to contribute their time and money," Ollis said in the statement. "I am proud of their efforts, and thankful that this issue can be put to rest. Additionally, I commend Mike Shelton and city officials for their efforts to resolve such a difficult situation."

The agreement comes amid a growing cry from Langley residents for prompt action by county officials. Some have said commissioners erred by asking the county fair board for an OK on the easement, and city officials last month rejected commissioners’ call for a public vote on Fairgrounds Road.  Residents on the southern edge of Langley are worried that traffic from the Highlands development will endanger the walking route along Al Anderson Road a popular pathway in pedestrian-friendly Langley – unless the connector road through the fairgrounds is built.

Critics of the stalemate have grown increasingly vocal in recent months, and a “Walk to Save Langley” demonstration had been planned for Saturday. Organizer Craig Cyr said the walk will still be held and he hopes people will attend to learn more about the proposed road.

 

City gets OK for fairgrounds road  (ARTICLE ON ENVIRONMENTAL DIFFERENCE IN THIS PROJECT HERE.)
South Whidbey RECORD
By Michaela Marx Wheatley
Apr 18 2007

LANGLEY - The long-running battle for a strip of the county fairgrounds property appears to be over. 

Island County commissioners and the Island County Fair Association have agreed to grant the city of Langley an easement so a city street can be built across the county fairgrounds, city officials announced at the Langley City Council meeting Wednesday night.

The city has been seeking an easement across the fairgrounds so a new street called Fairgrounds Road can be built to lessen traffic troubles from the Highlands, the biggest housing project in city history.

Fair officials opposed the new road, however, and Langley eventually filed a condemnation suit in Island County Superior Court to get the easement.

At the council meeting tonight, Langley officials released a statement that said all three parties to the lawsuit – the city, the county and the fair association – had agreed to end the court fight.
 



A good thing or not - in time for Earth Day?
Fish map adopted over opposition 

Whidbey News-Times
By Paul Boring

Apr 18 2007

Amid public concern, the Island County Commissioners approved a resolution Monday that designates a map depicting Island County basins in which fish populations exist.  The official document is to be used as the county sets priorities for habitat enhancement and updates its critical areas regulations.

The map was designed to show where anadromous fish — species that move back and forth between fresh water and salt water — and resident salmonids — fish that live and die solely in fresh water for lack of access to salt water — have been identified in the county.  A public hearing last week generated controversy, as some people felt the map needed to include potential areas for salmon restoration. Jeff Tate, Island County Planning and Community Development assistant director, said the resolution was drafted to provide a link between the Salmon Recovery Plan and the Critical Areas Ordinance.

Last week’s public hearing was continued during a regular commissioners’ meeting Monday. Although the public input portion had been closed, the board opted to reopen public comment.

Tate disseminated to the commissioners and audience a new version of the original map that more clearly identified municipalities, federal lands and delineated the areas where the anadromous and resident salmonids have been found. In addition, a new section was included in the “findings of fact and legislative intent” that emphasized the resolution focuses exclusively on existing freshwater habitats.

“The basins identified on the map focus on locations where there is a freshwater feature that is known to be used by anadromous or resident salmonids,” the document read. “The basins identified on the map are not intended to highlight nearshore areas that are used by salmonids.”

Steve Erickson of the Whidbey Island Environmental Network said commenting on the new information was difficult under the short timeline Monday.

“I hate commenting on the fly,” he said.

Erickson submitted a letter to the commissioners, citing the resolution’s “vagueness” and calling its application “inevitably arbitrary.”

“Frankly, it is not at all clear what the purpose of this new requirement is, unless it is to provide a rationale for county refusal to allow recovery projects to move forward when their outcome will require increased regulatory protection of watershed and aquatic function in those basins,” the letter stated.

Angie Homola said one map is not enough. She said the planning department plucked one requirement out of a long list.

“We’re doing that, I think, so we can diminish protection,” she said, adding that the county needs a more comprehensive map.

Several other residents expressed concerns over the resolution. Marianne Edain of WEAN said maps tend to develop lives of their own and, without a disclaimer, would not properly reflect the reality on the ground.  Tate said the map does include a disclaimer that says field conditions prevail.

“Ultimately this map will be revisited on occasion,” he said.

Commissioner John Dean recommended changing the wording in one section of the “findings of fact” to specify that the county encourages future public and private partnerships to restore or create anadromous fish connections in situations when landowners are supportive.

The commissioners agreed that in areas with willing property owners, the county will be eager to restore habitat.


Fair group reverses course
South Whidbey RECORD
By MICHAELA MARX WHEATLEY

Apr 14 2007

Less than a month after the Island County Fair Association renamed itself Friends of the Fair to quell an ongoing records controversy, the friends are no more. 
The organization voted Monday to change its name back to the Island County Fair Association.  Fair board chairman Dan Ollis said the membership decided that the earlier change was a “knee jerk” reaction.

The group decided that abandoning the name it had for nearly 90 years was a bad move, despite continued debate in the press and public about the roles and responsibilities of the fair association and its fair board.

The fair association changed its name on March 12 after a meeting in Everett with representatives from the state Auditor’s Office and the state Attorney General’s office. Fair, county and state officials talked about how the fair association had commingled private funds with public money from the county’s coffers, and representatives from the state said the fair needed “to clean up what has occurred and specify what the association does and what the board does,” according to notes from the meeting made by a state audit manager.

Association President Diane Divelbess said when the name was first changed it seemed logical and appeared like an easy way out, because it provided a visible separation between the Island County Fair Association Board of Directors and the Island County Fair Association. 
More recently, however, some fair association members regretted the loss of the historic name. The Island County Fair Association filed incorporation documents with the state of Washington in 1923, making it one of the oldest fair organizations in the state.

“We felt sad about the name; Island County Fair Association is an old name. What we should do is retain the name and think about restructuring,” Divelbess said.  The fair association is holding an open meeting on May 5 to discuss how to revise the structure, Divelbess said.  The name change had been the association’s idea, said Sadie Armijo, an audit manager in the state Auditor’s Office who attended the meeting with three other state officials.

During that meeting, there was much talk about fair money — what would be considered “public” money subject to official oversight and what would be considered “private” funds controlled by the fair association.

“There needs to be an agreement for the fair association. There needs to be an agreement between what the county’s responsibilities are versus what the fair association’s responsibilities are,” Armijo said. “Define them both, and clearly define how they’re going to be managing these funds.”


According to notes from the meeting, the state will review what the county has done to monitor the fair board during a state audit this summer. The state will also review any agreement that will be put in place between fair officials and the county.  Ollis said the name change came because he and Fair Administrator Sandey Brandon wanted to clear away any confusion concerning the public status of the association. Brandon and Ollis represented the fair at the March meeting with state officials.

Divelbess was not certain what impact the change would have on the public perception of the group, or if confusion about the separation of the non-profit side of the association and its public work for the county fair would flare up again.

“I hope not,” she said.

The fair board also met Tuesday.


Ollis said the board found a replacement for Buzz Strout, who had resigned from the board due to stress and health reasons amidst the controversies surrounding the fair. Gwendy Hastings was picked to fill Strout’s seat.  Ollis also said there was no progress on an agreement between the county and the fair. A meeting between county Auditor Suzanne Sinclair and fair officials to discuss the management contract has not been scheduled.

Ollis said the county was the reason for the delay, and that Sinclair wanted to meet with other county officials before she scheduled an appointment with fair officials.



A boat with a view
Whidbey News-Times
By Paul Boring
Mar 31 2007

Deception Pass deserves more than cursory observation from the bridge and the obligatory out-of-focus photograph. It deserves to be experienced from the water, where the action really is.

A new outfit called Deception Pass Tours, started by Brett and Terica Ginther will provide passengers aboard the “Island Whaler” a unique opportunity to not only view Deception Pass from its historic waters, but to learn about the bridge and surrounding area from a knowledgeable park interpreter.

The Whaler will embark on its maiden voyage Sunday, beginning what is certain to become a sought out recreational respite for visitors to Whidbey Island. All proceeds generated by the first tour will be given to the Boys and Girls Club.  Ginther, a U.S. Coast Guard-certified captain, will be at the helm as passengers on the seated, open-deck boat enjoy a 360-degree unobstructed view of Deception Pass during the one-hour tour.  The idyllic natural surroundings make Deception Pass one of the most photographed attractions in the state. Passengers on Ginther’s New Zealand-designed jet drive catamaran will also be in close proximity to wildlife, including bald eagles, seals, porpoises and the occasional whale.

The affable and capable captain is malleable when catering to the whims of tour groups.

“We’ll lean towards what their interests are,” Ginther said. “It’s basically going to be everything from geological, to historical, to wildlife. And of course the natural beauty. We really want to focus on the history of the area. There’s so much there.”

Entertaining tales of characters who navigated the waters in the past as well as compelling history about the area will complement the breathtaking views during the tour.

A staggering amount of water pours through Deception Pass, creating a 4.5-foot height difference in the water level from one side of the pass to the other. Fortunately the Island Whaler, with its catamaran style and foil assist, ensures a soft and stable ride in all conditions. With a cruising speed of 30 mph, the 36-seater has plenty of get up and go.

“In some areas we’re going to go slow and point things out,” the captain said. “And there will be areas where we get up to speed, get the thrill of going through the pass at mach speed. At least that’s what it feels like anyway.”

Before the Deception Pass Bridge was constructed, travelers crossed the water via an unscheduled ferry. The sound of mallet on metal saw would summon the operator, the first woman ferry boat captain in Washington. With Deception Pass Tours, navigating the pass is far easier and entertaining.  The genesis of the tour company was serendipitous. Ginther earned his captain’s license three years ago while he was building boats with Nichols Brothers Boat Builders in Freeland, where he grew up. A drive to Anacortes with his wife changed his life.

“I saw this boat in the parking lot at Island Adventure,” he said. “I went in, talked to the boss, gave him my resume, and he hired me. That was my first captain’s job.”

Ginther captained the Island Whaler for Island Adventure whale watching excursions last season. The boat stuck in his head. In fact, that particular boat had been in his head even before he laid eyes on it for the first time.

“I had a vision of this exact boat,” Ginther said. “I had drawn this boat, this exact same style, a couple of years ago. I’m not kidding. I still have the drawing at home. That’s why it was so compelling when I got this boat. Everything just started falling into place.”

The idea for the tour company was hatched six months ago. When Ginther approached Jack Hartt, Deception Pass State Park manager, with his idea, one more piece fell into place.

“He said he’d been waiting for someone to do this for 10 years,” the captain said. “We have a partnership with them and that’s why we’re able to use this great facility at the end of Cornet Bay Road.”

Deception Pass Tours has also partnered with the Greater Oak Harbor Chamber of Commerce. The partnership will allow the tour company to sell tickets from the mobile WOW Wagon.

“From a business standpoint, we are excited that our partnership with Deception Pass Tours allows us to better meet the needs of visitors by enhancing our presence at the bridge,” said Jill Johnson, chamber executive director. “Their staff, combined with chamber volunteers, will allow Oak Harbor to put its best foot forward.”

Johnson had a recent opportunity to sample the services, viewing Deception Pass Bridge from a very different angle.

“Even though I grew up in Oak Harbor, I have never cruised under Deception Pass Bridge,” she said. “When I took their tour it was amazing. You forget how beautiful our island is and how good we have it, until you have an experience like this.”

In anticipation of Sunday’s maiden voyage, a evening of libations and live music will be held this evening, March 31, starting at 5 p.m. at Cornet Bay Retreat Center. A shuttle will be available for parking.

The Whaler is gassed up and ready to go and Ginther is counting the hours until Sunday.

“This is going to be great,” he said. “I’m so excited and the people sound excited.”

With a corner on the market, the captain should be excited. 


Langley rejects call for public vote (more stories here)
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Mar 22 2007

The Langley City Council voted unanimously Wednesday to reject a proposal for a public vote on Fairgrounds Road.

"I need to represent the people of Langley. It seems not right to turn over something this important to people who don't live in Langley to vote on," Councilwoman Rene Neff said.

Langley has been planning to build a city street across the south tip of the county fairgrounds in Langley, but Island County commissioners recently suggested sending the controversial issue to voters.  The city of Langley wants an easement across the fairgrounds to build a 22-foot-wide road. After failed negotiations with the Island County Fair Association board, the city filed a condemnation suit in October against the county, which owns the fairgrounds.

While the city can't stop the county from scheduling a vote, Langley officials said they would not sign an agreement saying the city would abide by the results of the vote and abandon its condemnation lawsuit to get the land needed for the road.

County Commissioner Mike Shelton had recently suggested sending the question to voters of the South Whidbey School District. However, he had also said that all parties involved should then agree to accept the outcome.

City officials continue to say that a vote is not necessary, and commissioners have the authority to make a decision on Langley's request for an easement.



Keystone ferry route cancelled

By RECORD STAFF
Mar 12 2007

Ferry service on the Keystone-Port Townsend run has been suspended after water was found seeping through the hull of the ferry M/V Klickitat Saturday.

Inspectors from the state ferry system and the Coast Guard examined the ferry Monday afternoon during a round-trip sailing. Ferry officials said based on that examination, the Klickitat will be pulled from service until it can be repaired in a local shipyard. The state does not have another ferry available to substitute for the Klickitat.

The ferry is expected to go into drydock once space is available, but ferry officials warned that drydock space is in high demand due to the upcoming summer season.

Ferry officials said service has been suspended indefinitely.

"We know the suspension of the run will inconvenience travelers, truckers and commuters," said Traci Brewer-Rogstad, director of marine operations for Washington State Ferries.

"Unfortunately, with other vessels in drydock for annual inspection and repair, there is no available spare vessel at this time. We are working to review all options for service on this route as quickly as possible, but we are currently out of service," Brewer-Rogstad continued. "We at Washington State Ferries are committed to returning the Klickitat to service as fast as we can."

The 256-foot-long Klickitat was built in 1927 and extensively rebuilt in 1981.

The vessel can carry a maximum of 617 passengers and 64 vehicles, and has space for 24 commercial vehicles.




Land donation not registered as nonprofit property, state says
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Mar 07 2007

State officials confirmed this week that the 10-acre parcel of land that was under Island County Fair Association’s stewardship for 20 years was wrongfully exempt from property taxes.

Controversy has clouded the association’s sale of the land, called the Waterman property, since it was brought to light earlier this year. While some have said the Waterman property was donated to the county, county commissioners released a statement to the press last week that attempted to cut the county’s connection to the land sale.  Mike Gowrylow, spokesman for the state Department of Revenue, said the Waterman property was donated to the Island County Fair in 1986 and did not make it onto the county’s tax rolls.

“At that time, county officials misidentified the parcel as exempt, county property. The error was not discovered until the property was sold in 2006 to a private party and returned to the tax rolls,” he said.

Gowrylow characterized the misidentification as a mistake after he contacted county officials, who told him the land was not county property.  It’s now up to county leaders to decide if they want to be reimbursed for back taxes, Gowrylow said.  The majority of the uncollected tax revenue is lost because county’s have a three-year deadline to collect taxes that are past due.

“There is really no mechanism to recover back taxes in this case,” Gowrylow said.

It is not clear how much tax income was lost because the property wasn’t evaluated for a specific use because it was assumed tax-exempt, he added.  The current owners of the property paid $875.56 in taxes for 2006.  County leaders and fair officials are uncertain about why the piece of land was tax exempt.  In a joint statement, commissioners said last week the Waterman property was never owned by the county. While it was donated to the Island County Fair, some have since said the family intended it to benefit the fair association.

County Treasurer Linda Riffe has said in earlier interviews that the Waterman property appeared to be ruled tax exempt from all taxes except the state’s property tax levy for forest firefighting protection, because it seemed the land became the property of Island County when it was donated to the Island County Fair.  Also, officials with the Island County Fair Association never registered the land as tax-exempt because of the associations no-nprofit status.

Gowrylow said the association did not apply to the Department of Revenue for a tax exemption on the Waterman property.  Properties owned by non-profit organizations may qualify for property tax exemptions if they are used for a qualifying purpose. The Department of Revenue reviews and approves applications for tax exemptions, Gowrylow said.  If the association had applied for an exemption, it would have had to show that the property was being used exclusively for fair purposes, he added.

“The department is not aware of how the property has been used since the association acquired it, but simply holding it as vacant land would not normally be a qualifying use,” Gowrylow said.

Commissioner Mike Shelton initially said he had assumed the land was tax exempt due to the fair association’s non-profit status.  Shelton said keeping the property tax exempt was a mistake.

“The real estate excise report filed on May 10, 1988 is clearly marked exempt, which is a mistake and the property should have been taxed,” he said.

“If it was tax exempt for the wrong reasons, that’s something that needs to be corrected,” Shelton said.

Fair secretary Marilyn Gabelein said she didn’t know how the property had gotten its tax exempt status because that happened more than 20 years ago, before her active involvement in the association.  The donation of the Waterman property to the fair came under scrutiny when critics of the fair association began asking about donations that fair officials had accepted to fund their ongoing legal battle with the city of Langley. The two sides, and Island County, have been fighting in superior court over a new city street that Langley wants to build across the south end of the fairgrounds.

Fair association officials have refused to release records on the Waterman property and other donations, and have claimed the association does not need to release documents because it is not bound by the state’s laws on providing public records.  The state Auditor’s Office has disagreed, and has said the fair association is the county’s exclusive agency for putting on the county fair and must abide by the state’s public records laws. The Auditor’s Office has also vowed to review the land sale when it audits the county’s books in June.

Critics of the land sale have said the dealings of the association should be public, and have pointed to the section of the Island County Code that requires “all donations” to the fair to be deposited in the Island County Fair Fund.  While the county code covering the fair has been rewritten since its initial adoption in the early 1960s, the resolution that granted the fair association its agency status and ordered the county takeover of all the fair association’s assets was still in effect when the land was donated back in the mid-1980s.

Members of the fair association did not transfer funds from the land sale to the county after the sale was completed, however. Instead, fair officials placed the money in two private bank accounts. Fair officials have said interest on the money will be used to create an endowment fund.  Commissioners tried to tamp down the land sale controversy last week by offering their interpretation of the county’s fair rules.

While the county code reads “all fair donations and receipts” have to be deposited in the county-controlled fair fund, the commissioners said in their statement last week that only “donations related to the production of the fair” have to be deposited in the county fair fund. Money from the sale of the Waterman property in 2006 doesn’t have to go in the county fund, commissioners said, because “the money from the sale of the Waterman property did not come from the production of the fair.”

Shelton considers the word “fair” to refer to the event, not the organization, he explained.  In the commissioners’ statement last week, they also said they don’t believe the fair association is a public agency.

“Two independent legal opinions from private attorneys hired by the fair association state that the Fair Association, Inc. is a private non-profit and not a public agency subject to public records laws. These opinions are consistent with the opinion of the county prosecutor,” the commissioners said.

Island County Prosecutor Greg Banks said the Island County Fair Association is a non-profit corporation.

“Corporations are entities that only exist by virtue of state law that allows them to exist. They must comply with the laws regarding their incorporation and management. Other than that, I can’t say anything about the Fair Association, Inc.,” Banks added.

 

County considers public vote on Fairgrounds Road
By RECORD STAFF
Feb 28 2007

Island County commissioners are now considering sending the controversial Fairgrounds Road issue to voters.

Earlier this week, commissioners said they were talking about putting an advisory measure on the ballot to ask voters in the South Whidbey School District if the county should grant the city of Langley an easement for a new city street called Fairgrounds Road.

Commissioners also released a statement to quell the controversy surrounding the county fair association that has been prompted by the Waterman land sale and the association’s refusal to release public records related to the sale.

The dispute over the proposed connector street has been simmering for more than 18 months now. Langley had asked for an easement across the fairgrounds to build the new street, but the dispute has since gone to court after the fair board repeatedly blocked the city’s request for an easement across the southern tip of the county fairgrounds.

Fair officials fear they will lose space for the fair if the road is built, while the city says the street is needed to handle traffic as more homes are built on the south end of town.

After months of failed negotiations, the city filed a condemnation suit against the county in October to get the strip of land needed for the road.

According to county code, the county must ask voters in the South Whidbey School District to convey or sell fair land to a private party. County rules don’t say that a public vote is required, however, if fairgrounds property is used for a public purpose, such as a new street.  Commissioners didn’t suggest a public vote earlier because they felt the easement issue could be resolved faster by simply gaining the agreement of the fair board, Commissioner Mike Shelton said.

The county didn’t get that approval, though, and the city has since taken steps to get the corridor needed for the road through its condemnation lawsuit in Island County Superior Court. The fair association later joined the court case as an intervener.  Some hope a vote would lead to an amicable end to the court battle.

Before the county commits to moving forward on a ballot measure, however, commissioners want the fair board and the city of Langley to agree to accept the outcome of the vote regardless of how it comes out, Shelton said.

“If Langley wouldn’t abide, Langley could go right back to the condemnation,” Shelton said.  Shelton added that he has approached Mayor Neil Colburn and fair association chairman Dan Ollis with the idea.  Ollis said as a individual member of the board he would support the vote as a “means to the end of the conflict.”

He said he hasn’t discussed the idea with his fellow board members.  However, a vote would only have value with a commitment from the city, Ollis added.

“It doesn’t make to sense to have a vote and a condemnation hearing,” he said. The fair board will discuss the issue at their next meeting March 13.

Colburn said he has no problem with a vote, but currently wouldn’t support abandoning the lawsuit.

“Right now, I don’t support it. But before we make a decision, I want to talk it over with city council,” he said.  The city council may discuss the issue in an executive session at its next meeting March 7. Or, Colburn said, he may simply take an informal poll instead. City officials said they need the road not just to ease traffic coming from the future Highlands development — the largest housing project in city history — but also to build infrastructure for future growth. The state’s growth management law requires Langley to take its fair share of growth.

“Both Mac McDowell and Mike [Shelton] have complained bitterly to the city about fulfilling our responsibilities under the Growth Management Act. Now we have this opportunity. First they supported it and now they are fighting. I’m puzzled,” Colburn said.  The potential advisory vote is the first public step taken by county commissioners since a growing chorus of South Enders has called for the county to take action to resolve the road dispute between the city and the fair association.

Commissioners have born the brunt of repeated criticism for a lack of oversight of the activities of the fair association since news surfaced of a recent land sale by the association, and the group refused to release public records related to the sale and the road issue.

Commissioner John Dean said during the meeting he wanted to make sure the relationship between the fair association and the county is clarified, and that the county’s review of the financial management of the fair is adequate.

“We need to all be comfortable that this is being run professionally, and run according to the law,” he said.

“We as a board should have intervened earlier,” Dean added.

“It’s gone on way too long. I’m convinced this board wants to get this resolved. I’m here to try to help to do that.”

Commissioners also discussed the public disclosure of fair records Monday. Commissioners released a public statement defending the land sale, but also said they would ask the association to release some of its records.  Dean said he wanted the fair association to turn over records of meetings, financial transactions and more.

“What I’m after is total transparency. And as especially as a newcomer, I’d like to look at everything; meeting minutes, financial records...People repeatedly say there’s nothing to hide. Let’s put it all on the table. If there’s nothing to hide, show me.”

In a joint statement released Monday afternoon, the county commissioners said they will ask the fair association to provide all records regarding the operation of the Island County Fair for the last seven years.  Shelton said this includes any document related to planning and operation of the fair, including meeting minutes and financial records such as donations to both the fair board and fair association, but wouldn’t include accounting for association activities such as scholarships or the annual Christmas party.

The records, once they are in county hands, are subject to public disclosure and can be reviewed by everyone, he said.  Shelton added the county code clearly outlines how far the fair has to publicly disclose as an agent of the county.

“It clearly says, don’t operate in a vacuum, but it doesn’t mean they can’t have a private meeting,” he said.

In their joint statement, the commissioners also said only donations resulting from the production of the fair have to be deposited in the Island County Fair Fund. The fair fund is an account in the county budget that includes all gate receipts, fees and other revenues from the county fair.  Shelton said he doesn’t consider the assets of the fair fund to be public money.

“The fair board has generated those funds from the fair - gate receipts, vendor fees,” he said. “The county has no right, title or interest in that money.”

Shelton added the county does not give county tax revenues to the fair. The county spends between $15,000 to $30,000 annually to improve the fairgrounds, he said.

According to county budget documents and other public records, however, county support of the fair goes much further than what county commissioners outlined in their statement.  Each year, the county loans the fair $80,000 as seed money for the annual event. The $80,000 comes from the county current expense fund, an account largely comprised of property taxes, sales tax revenues and other revenue sources.

“If they receive a loan from the county, then it’s public money,” said Riffe, the county treasurer.

“The point is, the county does advance them some money to get the fair going,” she said.  Additionally, taxpayers fund the salaries of county employees who oversee the Island County Fair Fund.  It’s a complex and work-intensive task. The budget ledger for the Island County Fair Fund in 2006, for example, takes up 37 pages that contains hundreds of transactions of money received and money spent; the 2005 budget ledger for the Island County Fair Fund runs 36 pages.

The county also issues hundreds of warrants — basically, government checks that pay for supplies, services and payroll — each year to pay fair-related costs.  Last year, Island County issued at least 536 warrant checks to pay for supplies, services and other fair-related items, according to the 2006 budget ledger for the fair fund.  In 2005, the county issued at least 442 warrant checks to cover fair-related costs. And in 2004, the county issued at least 523 warrant checks to pay for fair-related items.

According to a random check of county-issued warrant checks from 2006 and 2005 conducted by The Record this week, county warrants paid for a wide variety of items, the cost of water utilities for two months to the city of Langley ($1,395); and the cost for fair officials to attend the state fairs convention in Yakima ($1,640).

Shelton said he doesn’t know why the county commissioners in the past required the fair to use the county as their “banker,” but said the money is generated by the fair and therefore not county money.  That view is new, however, and conflicts with the opinion of state officials and the prior actions of Island County commissioners.

The state Auditor’s Office has considered ticket receipts and other revenue from the county fair as public money that must be properly tracked and safeguarded.  In the past, county officials have also regarded gate receipts and other proceeds from the county fair as public money, according to documents obtained by The Record.

Island County intensified its oversight of ticket sales and procedures based on recommendations from the state Auditor’s Office in recent years, according to an Aug. 11, 2004 memo from former board of commissioners chairman Bill Byrd.  In the memo, the board of commissioners directed the county’s General Services Administration to review ticket sales and gate receipts annually.

Ticket audits in 2005 and 2006 revealed minor discrepancies; in 2006, for example, ticket sales were reported as $76,370 but should have been $76,465, according to the audit conducted by the county’s Risk Management Division.


Shelton defends county fair officials
By RECORD STAFF
Feb 24 2007

LANGLEY — Island County Commissioner Mike Shelton said Friday he doesn’t believe county commissioners should exercise more control over the fair association or board.

“We exercised the amount of oversight that we should. And I don’t know what we should do to increase oversight,” he said.

Shelton’s view on the commissioners’ oversight role comes after weeks of requests from Langley residents for county commissioners to take a bigger role in resolving ongoing disputes involving county fair officials.  Shelton also has no quibbles over a controversial land sale last year involving land donated to the county fair.

In a statement released Friday and posted in an online forum for the Langley community, Shelton said the land given by Margaret Waterman to the Island County Fair in 1988 was not a donation to the county.  As such, Shelton said the money from the sale did not need to be deposited in the county’s account for the fair.

It’s not clear on what his assumption is based.

The county prosecutor never reviewed the initial donation of the property or the subsequent sale, said Island County prosecutor Greg Banks. If either had gone through the county, Banks said his office would have reviewed it.  Earlier, Island County Treasurer Linda Riffe said additional research done by her staff confirmed news reports previously published by The Record that the land was originally donated to the Island County Fair, and not the Island County Fair Association.

As such, Riffe said it appeared the land became the property of Island County. It was ruled as exempt from all taxes except the state’s property tax levy for forest firefighting protection.

Shelton’s statement also stands in stark contrast to public records obtained earlier by The Record.

In property records filed with the county at the time of the donation, obtained earlier this month from Island County’s archives, documents show the property was donated to the Island County Fair. The records do not specifically mention the Island County Fair Association as the intended recipient, and both the Real Estate Excise Tax form and the quit claim deed filed in May 1988 list the donation being made to the Island County Fair.

More recent documents obtained by The Record shows that taxpayers have paid property taxes on the donated land in 2003 and 2005.

Shelton did not address the payment of taxes on the property in his statement Friday.

Commissioner John Dean said earlier on Friday that he had not heard about taxes being paid through the county on the property.  He seemed surprised and said this issue had not been discussed among the commissioners, but added that he had limited knowledge about fair business because he just recently took office.

“It’s something we need to look at,” Dean said.

Shelton’s statement also brushed aside requirements in the Island County Code that dictate that “all fair receipts and donations shall be deposited” in the Island County Fair Fund as stated by the county code.  The county fair fund is overseen and controlled by the county’s General Services Administration. Members of the Island County Fair Association, however, placed the $120,000 the association received from the land sale into two private bank accounts outside the county’s control.

In his statement, Shelton indicated that only donations that are made toward the running of the fair are put into the County Fair Fund.

“The money from the sale of the Waterman property did not come from the production of the fair and is not required to be deposited in the county’s account,” Shelton said in his statement.  The land sale has been at the center of a storm of controversy since news of the sale came to light last month.  Fair officials have repeatedly refused to release records on the sale and other donations made to the fair, and the state Auditor’s Office has vowed to examine the land sale and the fair association’s refusal to release public records.

Shelton said Friday the county will ask the fair association and board to turn over all records that are related to fair operations and they will then be available to the public.

The Island County Fair Association was given agency status by county commissioners in 1962, and county commissioners made the fair an official function of Island County at the time. Records show that commissioners granted the fair association its status as a county agency to bring it into compliance with state laws for receiving taxpayer funds.

Records also show that the county took control of the assets of the fair association in 1962, and ordered that all future donations and receipts be placed in the County Fair Fund. The resolution that set such strict requirements on fair donations and money was still in effect at the time the Waterman property was donated to the county fair in 1988.

In his statement, Shelton said the fair association was not a public agency.  That view runs counter to the opinion of the state Auditor’s Office, however.  State audit records on Island County show the state has long considered the fair association as a public agency, based on an opinion made by the state Attorney General’s Office.

 

Public paid taxes on land
By RECORD STAFF
Feb 17 2007

LANGLEY — Taxpayers have been paying taxes on the piece of privately-held property that’s been at the center of a land sale controversy involving the Island County Fair Association, according to public documents obtained by The Record.

The Island County Fair Association has been embroiled in a dispute over its sale of a 10-acre parcel near Langley last year that was donated to the county fair by Margaret Waterman in 1986.  Critics have said the sale has the markings of an insider deal, and questions have also been raised about the association’s handling of the money from the land sale.

Interest in the fair association’s land sale arose during the group’s legal skirmish with the city of Langley over a road easement on the county fairgrounds. Langley wants to build a connector road across the southern tip of the fairgrounds to lessen traffic, and the fair association has been using donations from anonymous donors to finance its legal fight.

Questions over those donations prompted scrutiny of last year’s land sale and the money the association received from it. The fair association has refused to turn over public records of donations to The Record, and has hired a Seattle-based attorney to argue that many of the association’s records are off-limits because the fair association is not a public agency.

Judy Endejan of the law firm Graham & Dunn said in a recent newspaper interview that the land was not donated to the county and the nonprofit organization has paid property taxes on the land for years.  The parcel “has nothing to do with the fair,” Endejan told The Whidbey News-Times last week, and she said information about the land sale need not be disclosed.

Records obtained earlier this week from Island County paint a different story about the property, however.

According to a voucher submitted to the Island County treasurer in March 2005 by fair administrator Sandey Brandon, the county paid the “2005 property tax on the Waterman property.”

After a request by The Record for a search of other tax payments, Island County Treasurer Linda Riffe said records could be found for at least two times when the county paid the state property taxes due on the Waterman property after it was donated to the fair.  Fair board chairman Dan Ollis was surprised Thursday when told that the county had paid the taxes on the Waterman property.

“That’s not good,” Ollis said. “The fair fund should have never paid it.”

Ollis said he was shocked because six members of the fair board have to sign-off on the vouchers before they are sent to the county.

“At least six people saw the bill,” he said in apparent disbelief.  Ollis added that he would check on the tax payments and, if necessary, take steps to have the association reimburse the county.

Riffe said additional research done by her staff confirmed earlier reports by The Record that the land was originally donated to the Island County Fair, and not the Island County Fair Association.  As such, Riffe said it appeared the land became the property of Island County. It was ruled as exempt from all taxes except the state’s property tax levy for forest firefighting protection.

Those taxes were $14.50 in 2005 and $14.90 in 2003.

Riffe said her review found two cases in the past five years – in March 2003 and 2005 – when taxpayers paid the taxes on the Waterman property. Riffe also said she did not have immediate access to records before 2003, because those are stored in the county’s archives south of Coupeville.  She also noted that the treasurer’s office contained few records when she replaced treasurer Maxine Sauter in 2002.

“Who paid it those other years where we don’t have records for, I have no idea,” Riffe said.  Riffe could not explain why county money covered the taxes in some years, but apparently not in others.

“It just makes my hair stand on end, not being able to see a clear audit trail of who paid what, of where the money went, and where it came from,” Riffe said.  The stunning revelation came during a week when the county fair board had tried to tamp down the controversy over the land sale.

During the fair board meeting on Monday, board chairman Dan Ollis said he had talked to the Waterman family and they were OK with the sale. He said he had spoken with Debra Waterman, the daughter of Margaret Waterman.

“Debra has no issues with the sale price. The family has no issues with how it transpired,” Ollis said.

“She has no issues with the land sale. She wanted me to pass along that she appreciates what we do as an organization,” he said.

Some critics of the sale have questioned the sales price for the property; it was sold in January to Bryan and Onica Nichols, and Jeff and Erin Hanson for $120,000.  Interest has also been piqued because county rules require all donations to the county fair be placed in the Island County Fair Fund, a government-controlled account in the county’s coffers. The state Auditor’s Office said last month it would review the land sale when it audits Island County’s books in June.

The land sale itself was low-key.

Nichols earlier told The Record he heard about the sale through a friend.  A search of the NWMLS, a Puget Sound region service that gives real estate agents detailed information of listed properties, shows the donated property was never publically listed for sale.  The fair association did not use a real estate agent to complete the sale, although documents obtained by The Record indicate a real estate agent did give fair officials a comparative market analysis (CMA) report in October 2005 that detailed other 8- to 10-acre properties that were listed or sold recently on South Whidbey.

The report listed four sets of 8- to 10-acre properties; vacant land that was still actively listed, properties “subject to inspection,” pending properties and sold properties. The CMA report examined 26 properties from Greenbank to Clinton. Average prices for the four sets of properties ranged from $146,764 to $191,000.   The report also shows that the $120,000 sale price for the Waterman donation was well below the asking price or sales price of other Langley properties in the report. Sales and list prices for other comparable properties in the Langley area ranged from $167,000 to $329,000.

Fair officials put the money from the land sale into two separate accounts controlled by the association. The association purchased two one-year CDs at island banks; one for $60,000 at Key Bank, and a second for $60,000 at Whidbey Island Bank.  Earlier this week, Ollis said he gave Debra Waterman his word that money from the land sale would not be used to pay the association’s legal fees.

Last month, The Record asked both the fair board and fair association to release records related to the land sale and other donations.  While the fair board started to release records on Wednesday, members of the fair association have refused to release records of their meetings and other documents.

Endejean, the lawyer hired by the association to shield it from public disclosure laws, has said the fair association’s history as a nonprofit group shows that the group is not a public agency subject to the state’s open records laws.  In a Feb. 13 letter to the county prosecutor’s office, Endejan noted that the board of county commissioners made the fair association its “exclusive agency to operate and manage a county fair.” But Endejan also then claimed the association was not a public agency, and its records unrelated to its running of the fair did not need to be released to the public.

Endejean has also claimed the association gave the fairgrounds to the county in the early 1960s because it no longer wanted to pay property taxes on the fairgrounds property.  News accounts from the time, and county records, instead say the change was made so the fair association could come into compliance with state regulations for accepting state tax dollars.

News reports also left no doubt that Island County was bringing the county fair in-house when it gave the association agency status in 1962.

“By resolution, the commissioners declared the fair a county function,” stated an April 5, 1962 news article in the Whidbey Island Record.  County records also depict a complete takeover of the association when the status of the Island County Fair Association was changed back in 1962.

According to the resolution passed by commissioners at the time, the county not only set up the County Fair Fund for the deposit of all state money for the fair — as well as fair receipts and donations — commissioners also ordered “all monies now in the possession of the Island County Fair Association” to be placed into the County Fair Fund.

On Thursday, Ollis, the fair board chairman, said he couldn’t say at this point whether he considered the Waterman donation a public or a private donation.  Ollis said that the fair board didn’t play a more active role in the land sale because they assumed that the Waterman property was “a product of the association.”

Under Island County Code, the fair association’s board of directors and Island County commissioners are responsible for the management and operation of the annual fair. The fair association helps organize volunteers to put on the annual event.  He explained that a quorum of 10 percent of the total membership of the association was necessary to sign-off on the land sale.

It is not clear how many people were in the association at the time of the vote, but with the current membership of about 36, only four votes would have been enough.

“But when the vote was taken it was unanimous,” Ollis added.

Bob Meinig, a legal consultant with Municipal Research & Services Center of Washington, said there are clear requirements under state law that guide the sale of county-owned land. Municipal Research is a Seattle-based organization that advises city and county government officials and employees in Washington.

“In general, you have to publish a notice of intention to sell and have a hearing, and then sell at a public auction,” Meinig said.  There are exceptions, he said, such as when a government sells land to another government.
 


County fair records to stay secret
By RECORD STAFF
Feb 07 2007

The Island County Fair Association said this week it won’t release public documents that may shed light on a controversial land sale, as well as detail donations to a private bank account the association has been tapping to fight the city of Langley over a road easement.  The association will also keep records of its meetings, including agendas and minutes, secret.

During the Island County Fair Association’s regular meeting Monday night in Coupeville, fair administrator Sandey Brandon said the public records issue has been turned over to attorney Judith Endejan, a media law specialist at the Seattle law firm of Graham & Dunn.  Endejan works for the same law firm as Elaine Spencer, who is representing the fair association in the condemnation lawsuit filed by the city of Langley. Langley has been seeking a strip of land across the county-owned fairgrounds so it can build a city street to lessen traffic in town.

The association’s responsibility on following state laws that guarantee public access to records took center stage earlier this month after critics of the association began asking fair officials to identify the donors who had given money to its court fight against the city of Langley.  The South Whidbey Record submitted requests to review the association’s records on donations late last month, and the newspaper noted that county regulations — and a 2003 letter from the state auditor to the county — say the association must abide by the state’s open public records laws.

Last week, Brandon refused to release the records and called the letter from the state auditor “erroneous.”

Brandon cast aside the relevance of the management letter at the fair association meeting on Jan. 5.

“The management letter is only one opinion,” she said.  Brandon said the organization is exempt from the law because the fair association existed as an independent organization before the county took over the fairgrounds.

“We’re not created by government,” Brandon said. “We’re not regulated by government. We’ve been doing this all by ourselves for a long time.”   Brandon said Endejan has been in contact with the state Auditor’s Office and the state Attorney General’s Office.  Association members, however, urged Brandon to clarify the situation quickly.

“It doesn’t do us a lick of good to have a big, fat question mark hanging over our heads,” said association president Diane Divelbess.

Not the first time

It’s not the first time the fair association has run into the issue of public transparency and accountability.

In 2003, access to fair records and fair meetings came under scrutiny when former association member Donna Woolmuth requested to review records after she had been denied the renewal of her pizza booth at the fair.

“I sent letters to the fair and the commissioners trying to get records - both ignored them,” Wollmuth said.  She hired an attorney who also sent letters, but she abandoned her efforts when the legal bills became too expensive.  Even though Woolmuth was an fair association member at the time, she was still denied access to the records even though members are allowed to view documents even under non-profit status.

“I tried for two years. There is so much wrong there,” she said.  The state Auditor’s Office said last week it hadn’t changed its opinion on the fair association’s responsibility to give the public access to its records.

Commissioner Mike Shelton said Tuesday the county was not discounting the auditor’s 2003 letter.

“Island County would never take the position that something the state auditor said is erroneous. We don’t believe that the state auditor is erroneous in their findings,” Shelton said.  At this week’s fair association meeting, members said many people – including some in the press, and the state Auditor’s Office - didn’t understand how the Island County Fair Board and the fair association have different members and different ways of operating.

The structure of the Island County Fair Association is set out in Island County Code, the set of regulations that cover everything from pet licenses to zoning rules.  The county code dictates that the association be guided by an 11-member board of directors, with three members directly appointed by the county commissioners.  The code also designates the fair association as the exclusive agency to run the fair, with the fair board sharing power with the county commissioners on the management and operation of the county fair. The fair board directly oversees the fair manager and the management and operation of the fair.

Land sale raised questions

Questions over the financial tracking of donations to the fair association have also been raised since a controversial land sale recently made headlines. The fair association sold 10 acres of land near Langley donated to the fair by the Waterman family for $120,000.  County regulations say the fair association is required to put donations to the fair in the “County Fair Fund,” an account controlled by Island County and subject to county oversight.  Island County Treasurer Linda Riffe said her office looked to see if money from the land sale was put into the County Fair Fund, but the search came up empty.

“We never saw the money. It does not appear anywhere in the books,” Riffe said.  The fair association has been criticized in the past for its handling of money.

Riffe was elected treasurer as a reform candidate in 2002. She replaced Maxine Sauter, who was the subject of repeated charges of mismanagement by the state.  After Riffe began to take steps to improve accountability over fair funds, however, she said commissioners decided to transfer oversight of the county’s fair funds to the county’s General Services Administration. The change came at the request of fair officials, Riffe said.

“The fair board was made up of the usuals. They were not happy when I took office, because that first year I was trying to clean things up,” she said.

“What I was trying to do was to get them to reconcile their books with the amount of money they were taking in and the amount of money that was going out,” Riffe recalled. She also said she pressed the fair association to put controls in place to safeguard cash.  Riffe said fair officials asked county commissioners for the change, and oversight of the county fair’s financials was turned over to county’s General Services Administration.

“My first reaction was, ‘Who’s trained? Who’s got the background to oversee that?’ That’s really a treasury responsibility,” she said.  Before the fair accounts were transferred out of her control, Riffe said she had begun to take steps to make improvements.

“I did meet with a couple of those folks and gave them some real simple reconciliation forms, and some training,” Riffe said.  She also said she made spot checks at the fairgrounds to make sure money was being properly handled.

“I had some concerns about how the tickets were being sold, and they couldn’t match the money to the number of tickets that were being sold,” she said. Riffe said the steps were necessary because the state Auditor’s Office was concerned about the fair association’s handling of money.  The state was going to put its concerns as an audit “finding” that would have been made public with the release of the audit, but Riffe said Commissioner Mac McDowell asked auditors to keep its concerns about the fair association out of the audit.

The state did. It outlined its concerns in a November 2003 “management letter” to the county. In the letter, the state auditor said the fair association’s cash receipting system had a number of problems which could increase the risk of the loss or misappropriation of public funds.  The state said documentation was lacking on gate ticket receipts, and the county couldn’t determine if gate receipts were being properly accounted for, according to the letter. The state also said county monitoring and oversight of fair funds was lacking.

Land sale money set aside

At this week’s association meeting, one association member wanted to know if the money from the sale of the Waterman property had been spent. Brandon said it hasn’t, and that the fair association has money in certificates of deposit at Whidbey Island Bank and Key Bank.  The fair association has refused to release bank statements and other records related to the sale to The Record, however.

The sale is controversial, in part, because fair officials have repeatedly claimed in their fight with Langley over the road easement that the fair could not sell land to a private party without the approval of voters on the South End.  The deed to the donated land was given to Bryan and Onica Nichols, and Jeff and Erin Hanson, in January for $120,000.  Linda Perkins, then president of the fair association, and Marilyn Gabelein, secretary for association, signed the deed over in early January, 2006.

Perkins said Tuesday the association voted unanimously to sell the property.  “As far as I know, everything was done in accordance with the bylaws,” she said.  She said she could not recall if the association hired a real estate agent to handle the sale, or if the property was publicly listed or advertised before it was sold.

“I did not talk to a real estate agent personally,” she said.  In the documents on file with the title company, a real estate agent could not be found either.  Perkins also said the association talked to the Waterman family about selling the donated land before the sale went through.

Commissioner Shelton said he hasn’t had time to research the land sale.  He said the commissioners were not told about the land sale.

“We’ll certainly review it, no question about it,” he said.

“I don’t think the county ever envisioned, or did Mrs. Waterman intend to make a donation of that property to the county. She made it to the fair association for their use,” Shelton said. “Whether there are issues around the sale of that property, I can’t say.”

“Maybe there are issues, I don’t know,” he said. 


Freeland cityhood may be on November ballot
South Whidbey RECORD
By GAYLE SARAN
Feb 10 2007

The boundaries for the proposed city of Freeland are almost ready for public review, committee members said this week, and voters may decide on the question of cityhood as soon as the November ballot.

Setting the boundaries for the proposed city of Freeland is a necessary step before the idea is taken to voters and county commissioners for approval. The incorporation committee plans to meet to finalize the boundaries and present a map of the city of Freeland next week.  Once the boundaries are set, the committee will file a “notice of intent” with board of Island County Commissioners, who will then be required to hold public meetings on the question of cityhood.

“We have been struggling with the boundaries for the last five or six months,” said incorporation committee chairman Dean Enell. “We want to get the boundary nailed own so we can move forward.”

“We have some small tweaks to make, and the boundary will finally be available to the public for review,” added Chet Ross, a member of the incorporation committee said.
The group has been meeting with various community groups, members of the Freeland Chamber of Commerce and Vision 2025 during the process.

“We have met with people from the Vision 2025 group, sought legal advice and met with Island County Commissioner Mike Shelton and the Whidbey Environmental Action Network to help fine tune boundaries,” Dean said.  The group plans to meet individually with the other two commissioners, Mac McDowell and John Dean.

So far, the draft boundaries stretch from Holmes Harbor to Useless Bay, including the densely developed shorelines as well as rural and forest land in between.  The boundaries currently include the South End’s largest housing developments, Useless Bay Colony and Holmes Harbor, as well as Mutiny Bay and Mutiny Sands. The boundaries also stretch from East Harbor Road to Godell Road.

Enell said he is unsure whether Useless Bay Colony will be included in the final version of Freeland city limits.

“At this moment, there is a 50-50 chance they will be staying in,” Enell said. According to the state of Washington, the incorporated area of Freeland generated more than $57 million in gross sales taxes in 2005. If Freeland had been incorporated in 2005, about 8 percent or $473,000 would go toward operating the city.

In comparison the gross sales tax for Langley in 2005 was $29 million. Figures are not out for 2006, but Ross notes that the area has been growing at an “average of 11 to 12 percent a year.”

Since the boundaries haven’t been finalized, the population of the proposed city is still a guess. Ross said he expects there will be at least 1,500 registered voters in the proposed city, which translates to a population of about 3,500. In order to get the question on the November ballot, proponents must circulate a petition by July; 10 percent of the registered voters within the boundaries must sign the petition in favor of cityhood.

 


Suspended principal resigns amid probe
By GAYLE SARAN, RECORD
Feb 03 2007

Bernie Mahar, principal of South Whidbey Primary School, resigned her position Tuesday.

District officials put Mahar on paid, administrative leave on

Jan. 25, pending the outcome of an investigation related to a “management issue” at the school.

Superintendent Fred McCarthy said earlier the investigation had nothing to do with students at the school.

McCarthy said he has brought someone in from outside the school district to investigate, but would not give details.

However, the Island County Sheriff’s Office confirmed that they were contacted by the South Whidbey School District.

“Det. Mark Plumberg is investigating a matter at the district. I can’t comment on an open investigation,” said Island County Sheriff Sheriff Mark Brown.

Det. Plumberg said they were contacted to investigate an accounting anomaly.

News of Mahar’s resignation was made public by the South Whidbey School District in a press release sent to The Record and in a letter sent home with students Friday.

Jan McNeeley, a teacher at South Whidbey Primary School, was named to replace Mahar as director at the primary school.

A substitute will be hired to replace McNeeley as elementary Physical Education specialist, McCarthy said.

McCarthy said that Eric Nerison, principal of the Intermediate School, would supervise McNeely.

“Eric Nerison will assume a supervisory role over both the Primary and the Intermediate schools to comply with various requirements for a certificated administrator,” McCarthy said. “Assistance is also being provided at the Intermediate School by Val Brown, who will be assisting Nerison with the day-to-day operations of the intermediate school.”

Mahar did not respond to telephone calls from The Record.

In the announcement Friday, district officials praised school employees for the way they handled the situation.

“This has been a very difficult challenge for all of us,” the release said. “The staff at the Primary School has performed in an exemplary professional manner this past week. They have stepped up to meet this challenge by working together, taking care of one another, and keeping the needs of our students foremost in their minds. We appreciate the understanding and patience of our families as we work through these matters.”




Wallace vindicated by court ruling; state case dismissed
South Whidbey RECORD
By GAYLE SARAN

Feb 02 2007

A Superior Court judge tossed out the state's criminal case against a former sheriff's deputy accused of lying about his response to a 911 hang-up call last year.

Judge Vicki Churchill said a statement that former deputy Jay Wallace gave to a supervisor could not be used as evidence against him.

Wallace, a career police officer who ran for Island County Sheriff last year, was fired by former Sheriff Mike Hawley after the sheriff's office claimed that Wallace shirked his duty and then lied about it when he didn't respond to a 911 call where a woman was reportedly held hostage in Freeland.

Wallace emerged from the court hearing Wednesday triumphant, but with strong words for his former boss.

"From the beginning the charges were false and stemmed from political harassment. Hawley did not want to see me elected sheriff," Wallace said.

Hawley said he stood by his decision to fire Wallace.

"I disagree with the decision," Hawley said.

"The internal investigation had not started when Wallace was asked to provide a statement. The ruling was on a technicality," he said. "It does not reflect the merits of the case. I still stand by my decision to terminate Wallace in April."

Christon Skinner, Wallace’s attorney, filed a "motion to suppress" evidence Jan. 24 in Island County Superior Court.

It sought to keep off limits the statement Wallace made as a law enforcement officer after the 911 controversy began last year.

Judge Churchill said Wallace's report was protected under the "Garrity Rule" that says statements taken during an internal investigation cannot be used against officers later in court.

"Because there was an internal investigation, any statement would be protected under Garrity," Churchill said.

"Wallace was ordered to provide a statement after the internal investigation had begun, therefore under Garrity, the motion to suppress is granted."

Churchill noted the U.S. Supreme Court landmark "Garrity" decision, which said statements New Jersey police officers made in an internal investigation could not be used as evidence against them.

Skinner said Wallace was not given a Garrity form when he was questioned about the 911 incident, but he did write "internal investigation" on his statement.

Several days later, however, Wallace was ordered by a supervisor to re-submit the statement with the heading "officer's report."

"A zebra's stripes can't be changed by calling it a horse," Skinner said.





When mold attacks: Couple, baby forced from home
Whidbey News-Times
By Jessie Stensland
Jan 20 2007

Mold is everywhere. A typical coffee table, for example, may have as many as six billion mold spores on it.  But for one Central Whidbey family, mold in their home became a nightmare right out of a Stephen King novel.  Aaron Garcia shares her family’s story as a cautionary tale of the dangers of mold and the importance of getting a home inspection and an air sample test before you purchase real estate — no matter what your agent may say.

“I’m ready to have our lives back,” Garcia said after finally moving back to the Admirals Cove house after she, her husband, their 1-year-old daughter and two small dogs spent months in hotel rooms, visiting out of state and even crashing at a neighbor’s home to get away from the dangers in their own home.

“It could have killed my daughter and it almost killed one of my dogs,” she said.

Mold has become a hot topic nationally and the real dangers are often exaggerated, especially with the “sick school syndrome” making headlines. But if conditions are right, molds can pose a real danger, especially in places with wet climates, like Whidbey Island.

Katie Hicks, an environmental health specialist with Island County Public Health, said she gets three to seven inquiries a week from people concerned about mold. 
Usually, the fix is simple. “Eliminating the problems associated with mold means eliminating the cause of mold, which is water,” she said. That means patching leaks.

But for the Garcias, the solution was anything but simple.

First home a nightmare

The story begins last May. Aaron and her husband Ben Garcia, a culinary specialist seaman with the Navy, decided to buy their first home. They found a friendly agent, Bob McNeill at RE/MAX Acorn Properties in Oak Harbor. He showed them a modest home in Admirals Cove and it seemed perfect.  Garcia claims that McNeill told them that the home had been damaged by a tree that fell and “cracked” the roof, but that it had been fixed immediately.  Later, Garcia said she would find out from neighbors, including one who happened to have photos, that this wasn’t quite accurate.

“It wasn’t one tree. It was three trees that put a huge gaping hole in the roof,” she said. “It was left open for three-and-a-half weeks.”

The Garcias wanted a home inspection, but McNeill said it wasn’t necessary. In fact, Garcia claims that both she and her husband, their lender and a relative who is a real estate agent called McNeill and requested a home inspection.  But McNeill talked them out of it, the couple claims.

“He said, ‘I just want you guys to trust me that this is a completely safe house,’” Garcia said.

McNeill didn’t return calls for comment. But a News-Times reporter was present when McNeill explained to a military representative that he had urged against the home inspection in order to save the young couple some money.  Whatever the intent was, it turned out to be a mistake that cost everyone involved.

Sick upon moving in

The Garcias moved into their new house in June.

“Right away we started feeling sick,” Garcia said. “It smelled bad and felt wet. The musty smell got worse and worse.”

They started finding mold stains. She found them on her wedding dress, a military uniform, baby clothing, the walls, sheets and boots. Their two small dogs developed severe skin allergies.  Garcia said she had headaches and her asthma was worse than it had ever been before.  But worst of all, six-month-old Emma was sick all the time.

“Emma started getting nose bleeds,” Garcia said. “The draining in her nose and throat started getting really green.”

During all this time, Garcia said she called her real estate agent many times and got promises that something would be done, but nothing seemed to change.  Finally, Garcia said her daughter’s pediatrician ordered them to leave the house. The Navy put up the family at a room in the Coachman Inn in Oak Harbor.  Garcia also hired Kevin Mathers of Island Indoor Air Quality in Freeland.

Mathers explained that he tests the air inside and outside the house to compare the amount of mycotoxins, which are toxins produced by an organism of the fungus family, which includes mushrooms, molds and yeasts. He said a finding of 10 times the amount of mycotoxins inside as compared to outside is a red flag.

“In Aaron’s case, it was 100 times over the outside test,” he said, adding that test found dangerous levels of Penicillium.

Family advised to leave

Mathers said he also told the family to leave the house immediately and not come back.  Garcia said RE/MAX agreed to hire specialists to fix the problem at the expense of the real estate office, but only after many phone calls, letters and the threat of a lawsuit.  Tired of living in a motel, the Garcias went out of town for three and a half weeks in late November to early December. Aaron said the work on the house was supposed to be completed while they were gone.

It was a huge project. The drywall had to be torn down and replaced. The carpeting and padding were removed. Special chemicals were sprayed on studs and everything else. Giant HEPA filters cleaned the air.  When the Garcias returned, their house was a disaster. The subfloor was littered with nails and tack strips. There was equipment left inside and on the roof.

After more phone calls, the family ended up staying at a neighbors’ home while Aaron and Ben worked endless hours pulling the nails and tacks from the floor while Emma was confined to a baby pen. They spent Christmas in the half-finished home, opening presents on the rough boards of the mold-stained subfloor.  They also discovered that the workers hadn’t fixed vents on the roof that had been installed wrong, and continued to leak water into the home.

House work nearly done

Hopefully, all’s well that ends well for the Garcias.  Thursday, Ben Garcia said RE/MAX has made good on their promises. They are in the process of installing new flooring. Once that is complete, everything will finally be back to normal for the family.  The Garcias have learned a lot about both mold and real estate over the last year. Aaron said she’ll never buy a house without first getting a regular home inspection and an air sample test.

“I knew that mold was dangerous,” she said. “I knew that it could make you sick. I never thought this could happen to us.”

Yet for people who aren’t buying a house, Hicks said the Health Department doesn’t encourage the average homeowner to get air sample testing.

“The solution is the same no matter what kind of mold is present,” she said. “Target the moisture.”

Mold should be cleaned from nonporous materials with warm, soapy water. Some people like to add bleach to the solution, but the Health Department doesn’t recommend that anymore. In many cases, she said, the caustic bleach causes more health problems than does the mold.  If you must use bleach, dilute it at least to one part bleach to 10 parts water.

HEPA air filters can help, Hicks said, but stay away from ozone generators, which are very harmful to people’s health if used in occupied spaces.  Mold needs moisture or humidity to thrive, which is why mold and mildew proliferates in bathrooms.

Mathers said he sometimes has to act the part of a detective to find the source of water leaks in homes. Common sources he’s found are leaky hoses on washing machines and standing water that accumulates under houses because of poor drainage.  In the majority of cases, the mold problem will go away after the leak is fixed and the mold is washed away.

The Garcia home was a rare case in which major remediation was necessary.

“If a leak isn’t take care of, it just — pardon the pun — mushrooms from there,” Mathers said.

 

Oak Harbor schools must slash millions
Whidbey News-Times
By Nathan Whalen
Jan 17 2007


Oak Harbor school officials will hack millions of dollars from the district’s budget over the next several months.

In order to deal with a serious projected budget shortfall.

Early figures show a $3.5 million shortfall in the school district’s 2007-2008 budget. A current estimate of next year’s budget isn’t available yet. The 2006-2007 budget stands at $45.48 million.

To deal with the shortfall, the school district is forming a committee to come up with a list of potential reductions. The committee will be comprised of teachers, support staff, principals, parents and administrators. They will have their recommendations ready by the end of March to give to the school board in time to make a decision on the potential cuts.

Administrators met with staff in all schools and maintenance buildings earlier this month to inform employees of the cuts that could be coming in the next several months.

The shortfall didn’t surprise school officials. In recent years they said the current budget couldn’t be sustained and that changes would eventually have to be made.

“We saw it coming,” said Rick Schulte, superintendent of schools.

A combination of factors are blamed for the current funding problem. School district fund reserves have been depleted, less money is coming in from state and federal government due to declining enrollment, and employee costs are increasing.

School officials have, for the past two years, been using more than $1 million a year from the fund reserve to deal with revenue losses. However, school policy prohibits the fund reserve from falling below its minimum level of $1.25 million.  Schulte said the school board built up the fund balance in recent years to tide them over during tight budget times.

“We were intentionally building a fund balance so we could use it during down times,” Schulte said.

The Oak Harbor School District receives state money based on enrollment counts, and that number has steadily declined over the past seven years. Officials are projecting 5,265 full-time equivalent students attending school in the 2007-2008 school year. That is 235 fewer students, and equates to a $1.05 million loss from the state.

Officials are also bracing for a $800,000 decrease in Federal Impact Aid.  While the school district has seen reductions in funding, it has seen an increase in employee costs. The Legislature sets a cost of living increase for school employees. However, the school district has to come up with money to pay raises for employees not funded by state dollars. Officials are bracing for an increase of $500,000.

Schulte, speaking at the Jan. 8 school board meeting, said the cuts will be made to more than employees — staff will have to make program cuts as well in the coming months.  He added that he doesn’t know exactly how much money the school district will receive from state and federal funding sources. However, even if funding increases, it won’t be enough to overcome the shortfall.

“We can’t wait to find out what they will do,” Schulte said.

Any potential funding increase from the state may require the school district to add programs. An example of this is the possibility of funding an all-day kindergarten, which would basically double the number of classes needed to serve those students.  The realization of possibly adding new classes while making cuts to other parts of the budget seemed to frustrate board members during Monday night’s school board meeting.

“We need to get our Legislature to fund what we currently have,” said school board member David McCool.

The shortfall comes as construction begins on a new stadium and planning continues on renovation of Oak Harbor High School. The bond proceeds that are paying for construction cannot be used to pay for the $3.5 million shortfall in the district’s general fund. The district is required by law to keep capital projects money separate from the general fund.

Resolving the budget shortfall comes as officials are talking about closing Clover Valley Elementary. Schulte said the possible closure parallels the budget discussion, but no decision, either way, has been made yet.

Closing an elementary school would save the school district approximately $550,000 a year. Schulte added that, if a school is closed, it would allow the school district to concentrate budget cuts at one school.

School districts are required to have a balanced budget approved by Aug. 31. Officials want the recommendations finished in March. That would allow time for a public input period and to make personnel changes.

The committee will form and start its work in late January.

 


Election drama continues in prosecutor's office

Whidbey News-Times
By Jessie Stensland
Jan 13 2007

The fallout is escalating from the fierce election for Island County prosecutor last fall.

An attorney for former Deputy Prosecutor Amy Dempsey said that she plans to file an administrative complaint against the county soon that will allege Prosecutor Greg Banks wrongfully terminated her, violated her constitutional rights to free speech, inflicted emotional distress, created a hostile work environment, tried to pressure her into supporting him in the election, and retaliated against her Whistleblower complaint.

Meanwhile, four of the six deputy prosecutors who publicly supported Banks’ challenger during the election are no longer working there. Banks is currently advertising three deputy prosecutor positions, which is more than half of the full-time staff of five.  One of the two remaining attorneys is in the Navy reserves and was recently called up by the military to serve in Hawaii for six weeks, though Banks was able to contract for a temporary replacement.

Those who left say they did so because of Banks.

“I was dismayed at the conduct of Mr. Banks during the election, and his actions that directly led to a hostile working environment,” said former Deputy Prosecutor Kyle Moore. “I fully support Ms. Dempsey in her action, and express regret that Island County has lost such a talented and gifted attorney.”

Friday, Banks said he couldn’t comment on many specifics of Dempsey’s complaint since it doesn’t even exist yet. He denied that he ever pressured Dempsey to support him in the election, though he was troubled when deputy prosecutors publicly criticized him.

“I expect the loyalty of my deputy prosecutors,” he said, “and I’m entitled to the loyalty of my deputy prosecutors.”

On the question of firing Dempsey, Banks said he had no choice because she stopped coming to work on Nov. 6, the day before the election. Under law, deputy prosecutors are reappointed in the new year after an election and Banks said he simply didn’t reappoint her.

“I need a staffed office,” Banks said. “I need deputies.”

Dempsey’s attorney, Peter Moote of Freeland, said they will be asking for damages from the county.

“Mr. Banks and a senior deputy in his office were pressuring her to get involved in the campaign and all she wanted to do was stay neutral,” Moote said. “There was an implied threat that if she didn’t support Greg in the election, she would lose her job. And that actually came true. She didn’t support him and he fired her the first time he got a chance.”

The saga of the controversy began on a Friday last April when Banks’ long-time chief criminal deputy, Steve Selby, announced that he was running for prosecutor as a Republican. Banks, a Democrat, fired him the following Monday.  Soon after, the five deputy prosecutors in the office unanimously endorsed Selby over Banks.

Deputy Prosecutor Josh Choate was first to leave the office. He went to work for the state Attorney General’s Office. Banks hired a new chief criminal deputy. Banks also hired Dempsey, who now lives in Oak Harbor, as a deputy prosecutor handling district court. She had previously worked for the public defender’s office in King County.

Moote claims that both Banks and the chief criminal deputy continually pressured Dempsey to publicly support Banks.  Instead of supporting Banks, Dempsey and the four other deputy prosecutors, as a union, purchased ads in the News-Times and South Whidbey Record endorsing Selby. They all listed their names.  Banks won in the election, earning just over 52 percent of the vote.

Moote said that soon after the election Dempsey took sick leave, based on a doctor’s note, for stress and anxiety resulting in the hostile work environment Banks allegedly created. The day after the election, Banks announced angrily in a staff meeting with attorneys that he expected many of them would resign, according to several deputy prosecutors.

“(Banks) went as far as telling the deputy prosecutors not to rely on him for a job recommendation,” Moore said.

Moore quit Nov. 22. He said he made the choice because there had been a lack of direction and leadership in the office since Selby had left. Also, he was upset at the way Banks injected election politics into the office.

“Sadly, Island County is losing a tremendous amount of experience with the former deputy prosecutors that have left, and it’s due in large part to Mr. Banks and his lack of management skills,” Moore said. “Frankly, the citizens of Island County deserve better.”

Deputy Prosecutor Margot Carter quit the office more recently to take a job with former Prosecutor Bill Hawkins in Oak Harbor. Hawkins supported Selby in the election. Carter is an experienced attorney who publicly supported Banks in the 2002 election. She had been handling juvenile cases in the county before Banks was prosecutor.

“I love the actual job,” she said, “but I couldn’t work there anymore because of the hostile environment.”

In Dempsey’s case, Moote claims she had a valid health concern and that Banks had no right to fire her.

“There doesn’t seem to be any legitimate reason for firing her,” Moote said. He said he’s asked Banks to give a reason, which he said is required under law.

Banks said he chose not to reappoint Dempsey because she stopped coming to work and didn’t give him a reason. He said she wasn’t on sick leave, but that the county commissioners had granted her a leave for a limited time.  While Moote said Banks retaliated against Dempsey for filing a Whistleblower complaint, Banks said no such complaint was ever filed. Island County Commissioner Mike Shelton agreed that no Whistleblower complaints were filed against Banks, but he added that other complaints were.

Moote himself was a long-time friends of Banks and contributed to his last two campaigns. He said he was shocked to learn of Banks’ alleged actions.

“I wouldn’t have supported him if I knew this was the kind of behavior that he would be exhibiting,” Moote added.  Moote said he’s known prosecutors in other counties who went out of their way to keep politics out of the office and not speak about elections with office staff in order to avoid even the appearance of inappropriate influence.

Banks said he’s done nothing wrong.




Army refusenik appears in Coupeville
Whidbey News-Times
By Paul Boring
Jan 10 2007

An Army officer who has made national headlines for refusing to serve in Iraq will speak at 1 p.m. Saturday, Jan. 13 at the Coupeville Recreation Hall.

First Lieutenant Ehren Watada, stationed at Fort Lewis, became the Army’s first commissioned officer to publicly refuse orders to fight in Iraq on the grounds that the war is illegal.  Coupeville Peace and Reconciliation is sponsoring the event. Watada will speak in Bremerton on Saturday following the appearance.

The 28-year-old Watada announced his decision to not obey orders in a June 7 video press conference. He said in the press conference that his participation in the war would make him “party to war crimes.”

Watada has maintained that the war is illegal and that an order to take part in an illegal war is unlawful in itself.  The officer did not apply for a conscientious objector discharge because he is not opposed to all wars. Requests by Watada to be sent to Afghanistan have been denied. He now faces a court martial on Feb. 5 and up to four years in prison for conduct unbecoming an officer, referring to his public decrying of the war.

Initially, Watada was formally charged with contempt toward President Bush, conduct unbecoming an officer and a gentleman, and missing movement, or deployment.

On Nov. 11, the charges of “contempt towards the President” were dropped, but he is still facing four years in prison if he continues “political speech critical of the Iraq War.”

“I think the recent elections show more and more Americans are opening their eyes, but we aren’t there yet,” Watada says online at www.thankyoult.org. “I hope that actions such as mine will continue to help expose the truth behind the fundamental illegality and immorality of the war.”

Watada is originally from Hawaii and is currently stationed at Fort Lewis. He enlisted in the military after graduating from college. He received no financial assistance for college or loans from the Army.  He reported for basic training on June 18, 2003. After he received his officer’s commission, Lt. Watada was obligated to serve on active duty as an Army officer for a term of three years, which concluded Dec. 3 of last year.

In January 2006, he first asked for permission to resign his commission, based on his convictions about the illegality and immorality of the Iraq war, but he was refused. He was then refused assignment to Afghanistan.  Watada’s parents have been speaking across the country in support of their son. Supporters have rallied outside the gates of Fort Lewis and across the continent in support of his stand.

A Citizens Tribunal will be held at the Evergreen Tacoma Campus Jan. 20 and 21. International law experts will come from around the globe to educate the public at the tribunal and will possibly testify at his court martial hearing Feb. 5.

Marjorie Cohn, president of the National Lawyers Guild, has prepared background briefs for Watada’s defense.  And Retired Col. Ann Wright, a former ambassador who resigned in protest against the Iraq war, appeared with Watada when he announced publicly his refusal of orders to serve in Iraq.




San Juan County clips judges' wings
Whidbey News-Times
By Jessie Stensland
Jan 03 2007

They will be flying judges no more.

Island County Superior Court judges Vickie Churchill and Alan Hancock are also judges in San Juan County, which means one of them has to fly or ferry to Friday Harbor at least once a week.

But it looks like an effort to change the long-standing arrangement may work out. The San Juan County Council recently decided to ask state lawmakers for permission to split the judicial district in two, allowing San Juan to have its own Superior Court judge for the first time in the 100-year history of the Friday Harbor courthouse.

Both judges said they have mixed feelings about the change.

“I will miss the San Juans,” Churchill said. “I think we’ve done a really good job and they like us, but this will give them a chance to have a judge who lives in their own community.”

Hancock has been flying to the San Juans since 1989. During that time, he’s picked up the moniker “Judge Ace Hancock” because of the leather aviator helmet he’s known to wear. Along with the judges, the court administrator and a court reporter make the flight, which sometimes is a ferry ride instead.

“It kind of goes back to the days when judges rode circuits on horseback,” Hancock said, “only we go by airplane and ferry.”

While both judges rave about the beauty of the flight between Oak Harbor and Friday Harbor, Hancock also has some pretty harrowing stories about flying in a small plane during bad weather.  Once the pilot had to turn back because 50 mile-per-hour winds were knocking the airplane around the sky. Another time Friday Harbor became fogged in while Hancock was in flight, so the plane landed on the small, gravel runway on Decatur Island. Sometimes the pilot has to make several landing attempts at the Oak Harbor airport because of high winds.

Last winter, Hancock was in the middle of a trial in Friday Harbor when air service was canceled because of rough weather. He didn’t find out until it was too late to catch the early ferry out of Anacortes, so it looked like he and the court reporter would be hours late for the trial.  The San Juan Sheriff’s Office came to the rescue with a search-and-rescue boat.

“Lo and behold, Bill Cumming, the sheriff of San Juan County himself, came and picked us up in Anacortes and took us to Friday Harbor,” Hancock said.

Over the years, Hancock has flown with a number of different airlines, including West Isle Air, Charter Air, Harbor Air and now Island Air.  Hancock said he’s been very pleased with the pilots he’s flown with over the years. One even let him fly most of the way to Friday Harbor.

“He probably shouldn’t have,” Hancock said, “but it was fun.”

Churchill, who has been working to facilitate the change, said the idea of splitting the district came out of a study by the Administrative Office of the Courts, which found that another judge is needed in the joint district based on caseloads.  The options were either to elect a new judge for the joint district or to break up the district and allow San Juan County voters to elect their own judge.

Both the Island County commissioners and the Board of Judicial Administration voted that either option was fine. The state and the county split the cost of Superior Court judges’ salaries.  Churchill said the split will also be good for Island County, though it won’t cause any major changes. Scheduling court time has become tight in recent years as court filings increase, so the change should free that up.

“It will ease up calendaring,” she said. “We may see more trials.”

Churchill added that the judges will also have more time to dedicate to special sessions, like adult and juvenile drug courts.  If the state Legislature approves the district split, judges Churchill and Hancock will still be flying for a year. The new San Juan Superior Court judge would be elected next November and begin in 2008.

 

Sen. Haugen looking for money for underground power lines

By MICHAELA MARX WHEATLEY, South Whidbey  RECORD
Jan 06 2007

The latest buzz-word is “undergrounding.” If island power lines were buried, most of the wind-induced power outages in recent weeks could have been avoided. 
However, someone — most likely electrical utility customers — would have to foot the bill.  Sen. Mary Margaret Haugen has a better idea.

Earlier this week, Haugen discussed with the mayors of Langley and Coupeville the possibility to use Island County’s sales tax funds to pay for burying power lines. Traditionally, the funds are used for economic development projects.  Haugen said it’s currently only an idea and it’s still very early in the game.  Economic development is seeing if the .08 money is eligible to be used for undergrounding lines, Haugen said.

Local leaders agree it’s an idea worth exploring.

“There are no silver bullets that guarantee we have power all the time,” said Langley Mayor Neil Colburn. “Underground lines would have helped during the snow. During the windstorm we were completely off the grid,” Colburn added.

Many have said it’s time that something be done about the island’s precarious power position in recent months.

“I had a conversation with Sen. Haugen and Mayor Conard from Coupeville. We all think we have to look at all options for more reliable power. Undergrounding is certainly one,” Colburn said.

“We need a systematic approach for the power problem,” he said.  Colburn estimates that the tax money could add up to about $500,000 a year over 25 years.  Island County commissioners, representatives from the port districts and the mayors of Langley, Coupeville and Oak Harbor have a say on how to spend the tax money.

Lost school days, a decline in business activity and a general standstill of life as we know it has been costly and annoying for islanders in recent weeks. The island has been hit with three major outages and multiple smaller ones in the past three months.  Talk about undergrounding the power lines has been an ongoing hot topic in the community since the first outage in November.

Up to 90 percent of power outages result from problems in local power lines, and a quarter of those are caused by trees, according to the University of Washington Department of Electrical Engineering.  Installing power lines underground — instead of stringing them overhead between utility poles — could solve that problem.

But installing lines underground costs 10 times more, and inevitably would be paid for by utility customers, unless alternative sources are identified.

The benefit is undeniable - fewer instances of power loss due to weather. Islanders had phone service through bad weather and power outages, because Whidbey Telecom is unique in that 100 percent of its lines are buried underground.  This allows for uninterrupted service during major storms and power outages, as well as allowing for major upgrades to be done to the phone system with little complaint from residents as additional lines are not visible.

The drawback of underground lines is that if something breaks, it is a bigger project to locate and repair the faulty line.  According to Puget Sound Energy, underground transmission lines are custom-made due to their complexity. That significantly increases the costs to customers for the design, installation and maintenance of power lines.

PSE is open to consider burying more distribution and transmission lines where practical and reliable, the company said. Because the windstorm damaged much of PSE’s transmission system, even many communities with underground power lines were without power.

Nearly 60 percent of PSE’s distribution power lines in neighborhoods are buried underground. Due to the long-distance reach of transmission lines, which bring power supplies from generating sources to our region, the majority of PSE’s transmission lines are overhead.



Dean primed to start his job
Whidbey New-Times
By Paul Boring
Jan 03 2007

Island County Commissioner-elect John Dean is not on the clock, but he is already on the job.  Dean, a Camano Island resident, will be sworn in at 1 p.m. tomorrow in the Coupeville Law and Justice Center courtroom of Judge Alan Hancock. Although his tenure has not officially begun, the District 3 commissioner has become a familiar face in the county facilities.

Once Dean learned that he had unseated Republican Commissioner Bill Byrd, he began attending meetings and public hearings. The last month has seen him in his new office undergoing a crash course in government. He will not receive a paycheck for the hours, but the preparation has been invaluable.

“There’s a lot of documentations out there that I’ve been reading,” said Dean, the long-time editor and associate publisher of the Stanwood/Camano NEWS. “There’s an amazing amount of detail in government. I feel like I’m going to get my master’s degree in government in 30 days.”

The crash course has not only been academic, but social. Meeting county staff has been a priority. And the professional mettle of the personnel has been a pleasant surprise for the political newcomer.

“Coming in as a journalist, I always wanted to get a better idea of how this government is run,” Dean said. “I’d heard people say it was dysfunctional and there were a lot of negative comments. But what I’ve found just coming in and talking to people is how high a caliber the staff is. That’s one of the neat insights for me.”

One job of the commissioners is to ensure the highly capable staff has the tools required to carry out their jobs.

“That’s my first job, to support the existing staff and give them those tools,” he said.

Other two welcoming too

Dean said fellow commissioners Mac McDowell and Mike Shelton have been equally welcoming. Any cynicism for government that he had previously harbored is quickly thawing.

“Everyone’s been very helpful,” he said. “I used to have a cynical attitude towards government, but when you look at what’s going on up and down these halls, it’s looking pretty positive.”

An open house will be held at 7 p.m. on Jan. 11 in the Camano Island Senior Community Center to give residents an opportunity to voice what they view as top priorities. Dean was initially moved to run for the position after witnessing and hearing about the need for a stronger Camano Island voice in Coupeville.

“I want to try to set some goals for 2007 and 2008,” he said. “People can write down their priorities or their needs.”

He will also hold open houses in North Whidbey, which falls in his district. Although Dean does not possess omnipresence, he covered a significant amount of ground while campaigning and all indications show that he is not slowing down.

“I want to find some way to get some inroad into North Whidbey,” he said. “These workshops will give people at least a chance to stop in and meet me. It was one of my goals during the campaign and it’s going to be one of my goals this year to get around to as many places as I can and try to bring the government to the people.”

Need seen for education

Dean has been a strong proponent of organizing a citizens academy, whereby community members can learn the basics of how the government operates, or even how to write a letter to the editor or make a presentation at a public meeting.

“If I wouldn’t have worked at a newspaper, I don’t think I would have known how it all operates...,” he said. “We’ve got to have open government. Our national government seems to close down on us so many times. We can’t have that. The flip side of that is people have to start participating. That’s my mantra. There is no democracy without participation.”

Dean likens his extensive job duties to those of an ombudsman.

“I know some governments actually hire an ombudsman,” he said. “He or she is a troubleshooter for citizens. That’s really how I see my job. I’m not coming in here as a Democrat or a Republican. I’m trying to get away from all of that party politics stuff. I haven’t seen any of it here in the courthouse. Everything is non-partisan. There’s none of that nonsense. I’d heard stories in the past, but I don’t see it.”

The commissioner-elect also understands that the nature of his position will require him to make unpopular decisions. Some Camano Island citizens have recently implored the board to vote against approving a franchise for a sewer line to an offset drain field.

“As commissioners, we’ve got state laws to follow,” Dean said. “I’ve always known this, but it’s really hit me between the eyes how much the county is an arm of the state. You’re not a king. This is kind of like volunteering to be the martyr.”

Big issues  on his plate

Within the coming year, the commissioners will likely deal with annexation issues in Oak Harbor. The potential incorporation of Freeland will also be on the plate. For the latter, Dean said, as he did during his campaign, that he will continue to support people’s desire for home rule.

“That’s what Freeland’s all about,” Dean said, adding that he has met with proponents of incorporation and has been briefed on their plans. “What I told them last week was, either way, whether they get incorporation or not, I want to support them on their efforts for subarea planning and getting the things that they need. I know they talked a lot about the whole reason they wanted to incorporate was because they felt that Island County wasn’t paying good attention to them. What I’m hoping to provide for them is a win-win.”

Regardless of the outcome, Dean said he and his two colleagues in Coupeville must diligently address Freeland’s needs.

Dean’s desire for open government extends to the relationships between the county and groups like the Whidbey Environmental Action Network, Camano Action for a Rural Environment, and local farmers. For progress to be made, the polarity that currently exists must disappear.

“I’m meeting with a diverse group of people,” he said. “I keep seeing this mentality where everything is either or, it’s black or white. It’s farming or it’s environment. I’m hoping we can find some middle ground and some compromise.”

The commissioners’ already full plates are pushed beyond capacity with heaping portions of organizational participation. Dean will serve on a number of committees and councils, including the Economic Development Council, the Northwest Regional Council, the Regional Transportation Planning Organization, the Technology Committee, and the Opportunity Council.

“I’ve got a full plate,” he said. “It’s a big job. That’s why I have a great appreciation for anyone who’s done it or does it currently. It’s easy to be critical, but it’s a huge job.”

With a preliminary glimpse inside the county government, Dean is anxious to take hold of the reins and dive into his duties. His experiences in the courthouse thus far have left him smiling.

“It’s really too early, but I’m tempted to give this government a ‘B’,” he said. “I like what I see.”




Some votes not counted in election
Whidbey News-Times
By Paul Boring
Dec 23 2006

Think back on how you voted on your paper ballot in November. If you filled in some boxes and checked others, some of your votes might not have been counted.

Emergency state rules that were put in place just as the county was sending out absentee ballots resulted in a significant number of votes not being counted because of voter intent issues.

Determining the number of individual votes that were not tallied would require going back over each ballot one by one, said Michele Reagan, Island County Auditor’s Office voter registration deputy.

“We’d have to go through them ballot by ballot,” Reagan said. “It would not be an insignificant task.”

More than 1,000 ballots were sent to the Island County Canvassing Board, which ultimately makes the decision to accept the ballots or reject them. With the new state rules, it was conceivable that an entire ballot was accepted, but no votes were counted.

“It could have been that none of the votes on the ballot were counted,” said Anne LaCour, the Auditor’s Office chief deputy who sat on the canvassing board. “The ballot wasn’t rejected, it was still processed.”

Mac McDowell, Island County commissioner, and David Jamieson, chief deputy in the county prosecutor’s office, rounded out the canvassing board.

McDowell said in the past, before the emergency rules were put in place by the Secretary of State’s office, the canvassing board was able to judge based on what they believed was the voter’s intent. This year, the board members had their hands tied.

Rules require consistent marks

“The rules said everything had to be consistent,” McDowell said. “That’s easy to follow.”

He added that he hoped other counties were following the new laws as fervently as the canvassing board in Island County. In tight races like the Barbara Bailey and Tim Knue showdown, the outcome could have been swayed by other canvassing boards deviating from the rules.

“Here is my one hope, because a couple of races were close. With the Bailey and Knue race you had three counties involved,” McDowell said. “You’re thinking, ‘Gosh, I hope the other counties are doing this the same way.’ Since they were so close, if everybody’s following the same rules, it should even out. But if you have one county that tends to be more conservative or liberal than the other one not following the rules, that could have swung it one way or another.”

McDowell was disheartened by rejecting votes in which he was certain the intent was clear.

“In my best heart, I knew this is what the voter meant to do, but with the new emergency rules, the first time for this election, if it wasn’t 100 percent consistent, we couldn’t count the votes,” he said. “It was frustrating to the extent that you knew you weren’t counting votes that you absolutely knew was the voter’s intent. That was the frustrating part.”

If a voter were to completely fill in every box but one, placing a check mark or “x” in a lone box, the one vote would not be counted. In some cases with the double sided ballots, voters might have used check marks on one side and upon turning over the ballot and reading the instructions, filled in the box correctly on the second side. If they did not go back and fill in the checked boxes, those votes were nullified.

Parts of some ballots uncounted

“Parts of those ballots were not counted because no one knew what the voter’s intent was,” LaCour said.

Some voters initially placed an “x” or a check mark in the box and then attempted in vain to fill in the square. Those votes could not be counted.

“It’s impossible to hide it, so we said, ‘If there’s these four corners sticking out, that’s an ‘X’.’ And most people didn’t stay completely within the box,” McDowell said. “We had to throw out all of these votes where we knew the voter intent. It has to be 100 percent or it’s considered an illegal vote.”

McDowell advocated three changes for the next election. He suggested using a small oval in place of the large box, as most Americans are conditioned by standardized exams and other documents to fill in an oval and place an “x” or check mark in a box. Any pictorial instructions used in conjunction with the written prompts should only show how to correctly fill out the ballot. One picture on the ballot visually demonstrated how to change a vote by placing an “x” through the box, which upon a cursory examination could have been taken by the voter as the proper method to fill out the ballot. Thirdly, McDowell said the ballot should clearly state that if the document becomes too “marked up,” writing next to the individual candidate a notation clearly identifying in words the intent would suffice.

“I think the process will get a whole lot easier if these three things are implemented,” the commissioner said.

More than 30,000 ballots were counted. Although only a small percentage went to the canvassing board, the emergency administrative codes still made for some meetings of unprecedented length.

“There were some marathon sessions,” Reagan said. “We had one session that went from 1:30 in the afternoon to about 10 o’clock that night. And they reconvened the following morning at about 9:30 and went until 10 o’clock that night. Then they came in on a Saturday and met from 9 until 4 p.m. Then they met the following Monday from 8 to 4:30.”

The canvassing board has a short respite on Thanksgiving but then came back for two more meetings. LaCour attributed the extended sessions to the new rules.

“I think it’s confusing for the voters,” she said, adding that discerning voter intent was difficult under the stringent guidelines.

Comparing the recent general election to past elections is like comparing apples to oranges.

“It was a totally different animal last time,” Reagan said of the punch cards used. “This was the first federal general election that we’ve had since going to paper ballots. Punch cards had their own issues that you had to deal with. This is just growing pains getting used to the new system.”

“And you can’t compare it to the primary. That was a different issue because you had to mark your party,” LaCour added.

Other reasons ballots rejected

Fifty-six ballots were rejected because of unresolved signature issues, Reagan said.

“That means either the voter didn’t sign it or that the signature didn’t match the one that we had on file. Those voters were sent letters and contacted, but they did not respond.”

Ballots with unresolved signatures by law are required to be passed to the prosecutor’s office.

“They look to see if it’s just somebody who didn’t get around to doing it or if it’s actually a case of voter fraud,” Reagan said. Earlier this year, an Oak Harbor woman was charged with voter fraud for filling out her daughter’s ballot in a school election.

Thirty-five provisional ballots that were cast in the November election did not have valid registrations in Island County, the voter registration deputy said.

“Of those, about half were currently registered in other counties,” Reagan said. “It was up to that county where the person was registered whether or not to keep it or reject it.”

Ninety ballots were rejected because of late postmarks. Reagan and LaCour speculated that some people may have believed that dropping the ballot in the mail on the last day would suffice. Depending on the last pickup for the mailbox, that may or may not have been the case.

“Any post office is going to tell you what their last pickup is for the day,” Reagan said. “They have to post it. If you get it in by their last pickup of the day, it’s going to be postmarked for that day. If you don’t, you’re out of luck.”

Some people used their personal mail meters, but the federal postmark was late. The latter determines the ballot’s validity.

“The reality is, if I have a postage machine, I can put any date I want on there,” Reagan said. “It just means that we have to go by the one that’s put on there by the postal service.”

One ballot was rejected because even though it was in the correct envelope for the general election, the ballot inside was for the primary. Another ballot received was a Xeroxed copy, which was rejected for obvious reasons.

“By the time you find that out, you’ve separated the secrecy envelope from the outer envelope, so you have no way of knowing if that person already voted using a different ballot or if it’s maybe a spouse’s,” Reagan said.

Three ballots were rejected because the voters signed the ballot itself, not the envelope.

“Revised Codes of Washington are very clear about it,” Reagan said. “If a voter signs a ballot or puts an identifying mark on the ballot, I can’t count it.”

Next election, the Auditor’s Office should have more time to educate the public on how to properly fill in the their ballots. With the emergency rules being implemented at the last minute, personnel worked feverishly to get the word out, but the tight timeline precluded them from reaching all voters in time.

“Next time we want to get the word out well before the absentee ballots are sent,” LaCour said.

 

Whidbey recovering from life without power
By RECORD STAFF
Dec 20 2006

After taking another major punch by the massive storm that ripped across Whidbey Island, life on the island has slowly returned to normal as residents cleaned up windstorm debris and celebrated the return of electricity.  Warren Hughes spent Saturday cleaning up the fallout from the windstorm. Two trees fell on his property on Smugglers Cove Road, and five fell on his neighbor’s lot.

“We’ve just been trying to saw, and get rid of as much as possible,” Hughes said.  The winds sounded fierce and formidable when they struck the west side of Whidbey Island Thursday night and Friday morning.

“It was intense, very intense,” Hughes said.

“My wife was scared to death. We have a little baby girl and we were concerned that a tree would come down on the house,” he said.

“You could literally hear the trees cracking. And that was frightening, to say the least,” Hughes said. “It kept us on the edge of our seats. The whole night, we didn’t sleep very well.”  Luckily, his home escaped damage.  But without power on Friday, Hughes recalled how he began to search for a generator. He finally found one for sale in Lynden.  Those without a generator found themselves in a bind. The majority of the island was without power for at least two days; some went without power until Monday afternoon.

Lynn Sterbenz of Clinton had no electricity for four-and-a-half days.  Sterbenz and her two children fled her freezing home in Clinton on Friday morning after the power failed on Thursday night.

“It was 44 degrees in my house,” she said.  Realizing power wouldn’t be back for a while, they found shelter with Sterbenz mother in Freeland, who had a propane heater. 
The family had to leave behind their two cats, however, much to the distress of the kids.

“The kids were really worried. But we left them lots of warm blankets to cuddle up in and came back everyday to check on them and feed them,” Sterbenz said.  By the weekend, many people had grown weary of being without power.  Sunday morning, countless South Enders could be found at Locals Only Coffee in Freeland. Freeland was one of the first places to have power restored.  Sipping hot beverages, checking e-mails on laptop computers, people had come to the coffee shop to get away from cold homes and enjoy a bit of normalcy. Customers exchanged stories about cold showers and canned soup.

Around lunch time, a cellphone rang amid the crowd at Locals Only. The caller jumped up with good news: Power was back on in Langley.  Spontaneous cheering and applause erupted.  About 30 minutes later, the same occurred when a call came in that power in Clinton was restored.

Scatchet Head partially dark

By 3 p.m. Sunday, the majority of the island was back on the power grid except about 250 homes.  Some neighbors in Scatchet Head were not so lucky. Power came on for five minutes on Orcas Drive and Hawaii Lane, and residents went out into the street and shouted for joy. When the power went back out, it stayed out for another 26 hours.

Elsewhere in Scatchet Head, homes on Blakely Street had electricity while nearby Mortland Drive was still dark.  And on the next street over, on Britzman Loop, the neighborhood’s normal noises had been masked by the steady grumbling from several generators.

“We lose power once a year, usually for less than 24 hours,” John Bertrand said, who has lived in the neighborhood for seven years. “Nothing like three days plus before.”

Keeping warm was the name of the game.

“I headed into the city to stay with a friend and I’m dressing warm,” Bertrand said.  Leena Bennett’s propane stove kept her warm.

“I have a propane stove that saved my life and great friends that have helped me when I needed it,” she said, acknowledging her back gave out not long before the power did. “I still get pretty spooked at night, though.”

One of those great friends is Glenda Adkison, who lives a block away.

“I’ve been using a sleeping bag, lots of covers and a knitted cap because I don’t have heat,” Adkison said.  A caregiver for a woman nearing death, Adkison said she’s spent a good deal of time making sure the lady is warm enough. “They finally decided to get a heater but it was touch and go a few times,” she said.

But after more than four days without power, Annie Dunsford had ran out of patience with the power company.

“It was 32 degrees in my kitchen this morning and I had to break the ice on top of the milk for my coffee,” she said.

“I spent Sunday driving around with my dog, Normal Dog, to keep warm. I don’t even want to talk about the experiences on an ice cold toilet seat,” Dunsford added. 
Dunsford’s friend Kris Wiltse lives just down the street; she took all her frozen food to a friend’s house powered by a generator but was making do at night the best she could.

“I bury myself in down blankets — me, my dog and cat. I wear wool sweaters and heavy long johns; very sexy outfits,” Wiltse said with a laugh.  In Freeland, life at the Village at Maple Ridge got back to normal pretty quickly once the power came on Sunday.  Many of the residents of the 41-home senior housing development were out and about Monday headed for the development’s Christmas party.

Helgard Fridell, a Maple Ridge resident, said she and her calico cat Lucy stayed warm during the power outage with her propane fireplace.

“It wasn’t real warm, but it was bearable,” she said.

Crews struggle to repair massive damage

While thousands of people in Puget Sound struggled with their fifth night without power Monday, most residents on South Whidbey had their power restored by Sunday and Monday afternoon.  Mike Simmons, director Island County Emergency Services said only a handful of customers were still without power Monday.

“I talked with Puget Sound Energy Monday morning and they estimated about 250 customers were still in the dark,” Simmons said.  During the weekend, the Department of Emergency Services set up three respite shelters in Island County; at Trinity Lutheran in Freeland, Coupeville, Oak Harbor and Camano Island.

“We had a few people in the Coupeville, Oak Harbor and Camano shelters,” he said.

“We only had one person staying all night. But a lot of people came in to warm up and have a cup of coffee and soup,” Simmons said.  According to Puget Sound Energy, the company had restored power to most of their customers on Whidbey Island by Monday, and were continuing to work on restoring power to those still without power.
Complete repair of local distribution lines will likely continue until Thursday, and in rural areas power may not be restored until the weekend.

Rescue teams work overtime

Island County Fire District 3 and deputies from the Island County Sheriff’s Office were slammed with calls starting Thursday night from the record-breaking windstorm. firefighters set up an area command center at the Freeland Fire Station to handle to flow of calls coming in through I-COM.

“This is the third big storm of the season, so we are getting pretty good at running a central command,” said Jon Beck, deputy fire chief for the district.  During the height of Thursday’s storm, Beck said they sent people only to medical calls and fires.

“It was too dangerous to go out on falling trees and downed powerlines,” he said.

“We’ve gotten to the point that we don’t cut trees away from powerlines. If they are blocking the road we will put up traffic cones to close the road,” Beck said.  This year so far Fire District 3 has responded to over 2,050 calls, a 20 percent increase from last year.

“The volunteers are really stepping up to the challenges of meeting the demands put on them by this fall’s weather,” he said.  Beck said there was good coordination between different agencies.

“Island County Public Works crews did a great job keeping the road clear of downed trees. It allowed us to reach the people needing medical help,” he said.  On Sunday night, fire district volunteers and Island County deputies checked on residents in a 55-and-older housing development off Bayview Road.

“We went door to door with sheriff deputies to check on the welfare of the residents. Everyone was OK,” Beck said.

Life goes on without power

Thanks to the fire district, the show went on at South Whidbey High School.  ‘The Nutcracker’ was held in the auditorium with the help of a generator.

“We were on fire watch during the performances Saturday and Sunday to make sure the generator kept working and that everyone was safe,” Beck said.  The Island County Sheriff’s Office, like other county offices, were in the dark on Friday. But unlike some offices, they continued to operate.

“We were here fielding calls,” said Jan Smith, spokeswoman for the sheriff’s office.  Smith said the sheriff’s office was swamped with calls from people off-island who wanted deputies to check on their loved ones.

“The storm knocked out phone service to many homes. When people watched the news about how hard hit Whidbey Island was, they were understandably concerned,” Smith said.  Smith said those kind of calls do take deputies time away from emergencies.  However, Smith said there weren’t any serious accidents caused by the storm.
The Island County jail and juvenile detention center operated on emergency power from a generator.

The tail of the dragon hits Puget Sound

The low-pressure system that arrived Thursday night wasn’t responsible for the damage suffered by Whidbey residents — it was the long “tail” that drags behind a major winter storm that caused severe and frequent pressure changes creating powerful winds.  The storm veered to the north, putting the tail in a perfect spot to do the most damage, according to the National Weather Service.

The NWS clocked sustained wind speeds of 40 mph throughout Puget Sound during the height of the storm, with gusts up to 90 mph through the Strait of Juan de Fuca. In Seattle, the highest gust observed was 47 mph.  Winds gusted to a record 69 mph at Sea-Tac Airport early Friday morning, breaking the old mark set during the 1993 Inauguration Day storm of 65 mph, according to the NWS.

Making life even more difficult was the record low temperature of 28 degrees Saturday, breaking the previous record of 29 degrees from 2005.

Storm causes huge damage

The property damage was significant during this storm, officials said.  At Nichols Brothers Boat Builders in Freeland the high winds Thursday ripped the canvas sheeting covering the portable buildings to shreds.  By Monday, Nichols’ crew had pulled most of it off and according to CEO Matt Nichols they had already ordered the new canvas.

“We ordered about 5,000 square feet at a cost of $50,000,” Nichols said.  Further north, at South Whidbey State Park, park rangers began assessing the damage to the forest and trails.

“We lucked out on the structures,” said park manager Patty Anderson.  A small tree fell on the restroom near the main parking area, but did not appear to damage the building. Another tree fell in Campsite 17 and just missed the restroom there, and a tree fell but missed the picnic shelter in the group camping area.  Park workers spent Saturday trying to clear the beach trail.

“It’s not too bad,” Anderson said.  Approximately 20 large trees fell, about half along the Ridge Loop and Wilbert Trail. Those trails probably won’t be cleared until late this week.

“It’s a matter of getting bigger saws down here, and the help,” she said.  Until then, those trails will be closed for safety reasons, Anderson added. Workers were continuing to assess the safety status of Ridge Loop and Wilbert Trail on Saturday.

“You have to walk through, look for the widow makers, trees leaning on trees,” she said. “Hopefully, we’ll have one of those trails back up for the weekend.”

More school days lost

South Whidbey Schools were closed on Friday. It marked the fifth day the district has had to close due to weather this school year.  School reopened on schedule Monday morning, and power was restored to schools Sunday afternoon.  Transportation supervisor Veronica Schmidt said they made the decision to close schools at 5 a.m. Friday.

“The power was out all over the island so it was an easy decision,” Schmidt said.  South Whidbey students and staff now have five weather-related closures to make up.
District officials have decided to extend the school year until June 22. Graduation has been changed from June 9 to June 16.  Because of the storm, all school activities were also cancelled for the weekend.

The boys and girls basketball games between South Whidbey and Coupeville scheduled for Friday night have been re-scheduled for Jan. 2; girls junior varsity starts at 5:15 p.m., varsity at 7 p.m. in Erikson Gym; the boys travel to Coupeville.  Skagit Valley College closed its South Whidbey Center and Whidbey Island Campus Friday because of the storm.

The state Department of Transportation also closed the Deception Pass Bridge for three hours Friday morning due to high winds and trees and branches on the road.  The bridge was reopened to traffic at 7:10 a.m.

Stores deal with big blow

Businesses struggled with taking another hit during the busiest shopping time of the year.  The Island County Economic Council estimates that businesses lost close to $1 million in sales during between the two power outages.  Some small business owners said they are more than 50 percent behind in sales, and once again, restaurants and grocery stores threw out fresh foods worth tens of thousands of dollars.

For the many non-profit art and entertainment venues, the storm could have caused irreparable damage to their budgets, but creativity saved the day.  The Langley United Methodist Church hooked up some extra lights, gave the choir battery operated book lights and adorned the church on Third and Anthes Streets with lots of candles Friday night.  The power outage was not able to stop “Christmas Peace and Joy: An evening of Christmas music and readings.”

More than 100 participants filled the church to standing room only and enjoyed the sounds of the Chancel Choir, the Chimes Choir and solo artists as they celebrated the music of Christmas despite Kathy Fox having to play piano instead of the organ because of the outage.  Whidbey Island Center for the Arts was thrust back into the atmosphere of the Civil War again, as they were just three weeks ago during the snowstorm for their last weekend run of “Little Women.”

Director Deana Duncan said the company was generously offered two generators from Gemkow Construction and Matt’s Import Haven. The generators allowed them to run the show with limited lighting and sound.

“We lined the stage with candles in Mason jars and added three floor lamps to the show. We were lucky that ‘Little Women’ lent itself to a low-tech production; it was beautiful,” said Duncan.

“The show actually looked and felt very different with out the fancy stage lighting. It was more real and very intimate. The costumes and set design both popped like they never had before,” she added. Duncan and her crew said the experience spurred them to think about what the absolute needs are for true theater. They came up with three things: A good story that touches part of our humanity; actors capable of telling that story well; an audience to watch, listen and participate.  They had all three on Friday and Saturday night as South Whidbey audiences came out and supported the production with full houses both nights.

“We proved the old adage - the show must go on!” said Duncan.

The folks at Whidbey Telecom also came to the rescue for more than one island business over the powerless weekend.  Whidbey Telecom saved the last four  performances of Whidbey Island Dance Theater’s production of “The Nutcracker.” The Friday evening performance of “The Nutcracker” was canceled due to a lack of power. But when members of the Whidbey Telecom team got wind of the dark dance stage, they offered a portable generator and a portable construction light bar for the parking lot.

“As strong supporters of the arts, we understood how important it was that the show must go on,” George Henny said. “We were glad to be in a position with the right equipment available at the right time to be able to help.”   Once Whidbey Telecom delivered a huge diesel powered portable generator and with the help of Jerry Beck Electric Contractor and his crew, the theatre was alive again.

In addition, Tim DeMartini, the outside plant construction manager at the phone company, delivered Whidbey Telecom’s portable construction light system that provided ample lighting to the entire parking area during the evening performances.  The school district’s master electrician Kenny Richards came in to make sure all the wiring was safe.

The ballet went on and sold-out audiences were treated to two more matinées and two more evening performances in the final weekend of the show.

 

Whidbey Island takes storm's biggest punch
Herald staff
Published: Saturday, December 16, 2006
 
WHIDBEY ISLAND - With the power out and plunging temperatures ahead, officials on Whidbey Island opened shelters Friday and urged people to do their best to stay safe and warm.

All of Whidbey Island lost power Thursday night when Puget Sound Energy's main transmission line to the island was taken out by falling trees, said Dennis Smedsrud, a spokesman for the utility.

He said the utility hoped to get that transmission line fixed sometime Friday night, allowing some of the island's 36,000 homes to have their electricity restored.

Still, it will take days to repair all of the individualized outages on the island, which was hammered by some of the storm's strongest winds.

Smedsrud said winds exceeded 90 mph. "That's about as bad as you ever want to get."

People on the island should expect that they may not have their power restored for four to seven days, said Jan Smith, spokeswoman for the Island County Sheriff's Department.

The strong winds caused storm surges along low-lying coastal areas of Whidbey Island, cluttering roads and beaches with driftwood and debris. Several roads remained impassable Friday afternoon.

To assist in getting people help during emergencies, Smith urged people to limit calls to law enforcement.

Three respite centers were opened on the island Friday:

* Oak Harbor Senior Center - 51 SE Jerome St., Oak Harbor, open 24 hours through the weekend as needed.

* Coupeville Recreation Hall - NW Coveland Street, Coupeville, open on an as needed basis.

* Trinity Lutheran Church, 18341 Highway 525, Freeland.

In addition, on Saturday Naval Air Station Whidbey Island plans to open its family service center on Ault Field for military dependents requiring shelter or assistance.


Farming near streams targeted;  An environmental group files a lawsuit arguing that Island County laws don't do enough to protect sensitive wetland areas.
By Kaitlin Manry, Herald Writer
Published: Thursday, November 23, 2006

 
A lawsuit has delayed Island County from implementing new rules that would allow some farmers to continue working near wetlands and streams.

Whidbey Environmental Action Network is suing the county. It alleged the new rules are based on faulty science and fail to protect these critical areas. The environmental advocacy organization has asked a Thurston County Superior Court judge to force Island County to redraft the rules and protect environmentally sensitive areas.

Ultimately, the group would like to eliminate farming near wetlands and streams, litigation coordinator Steve Erickson said.

"We don't think, by and large, streams and wetlands are the place to have livestock," he said. "Someone who lives downstream shouldn't have to worry about getting sick from someone's livestock (up) the stream. A trip to the beach shouldn't mean a trip to the emergency room."

County Planning and Community Development Director Phillip Bakke countered that the new rules would protect the environment. They also would make it tougher for farmers to practice near critical areas, he said.  For example, the new rules would force some farmers to develop farm plans in conjunction with conservation districts. Others would need to create setbacks from streams and confinement areas for manure.

Additionally, the rules would only apply to current farmers. New farmers would have to abide by the county's critical areas ordinance, which limits development around wetlands and streams. Though the ordinance was created with urban development in mind, it also applies to farming, Bakke said.

"These regulations provide far superior wetlands protection than the critical areas ordinance because they're designed for farming," Bakke said. "The impact on land from farming is vastly different than the impact on land from urban development. These rules are customized to those farming impacts and we believe strongly this will lead to greater environmental protection."

If that is what the people challenging the rules really want "I'm at a loss for why they'd appeal it," he said.

The rules already passed muster with the Western Washington Growth Management Hearings Board earlier this year. The environmental group is appealing the board's decision in its current lawsuit.

The issue has been a lightning rod for controversy in recent years. Farmers, even those pursuing agriculture recreationally, have feared losing the right to use their land. Meanwhile, environmentalists have fought to impose tighter regulations on developments near water.  When the county was drafting the rules, a record 3,000 people attended meetings on the issue, Bakke said. The county spent around $150,000 developing the rules and defending them to the growth hearings board, he said. Bakke expects to spend another $25,000 defending them this time around.

Since the environmental group filed its lawsuit, the county has postponed explanatory meetings on the rules and delayed implementing them.

"I am unwilling to ask property owners to comply with these rules, knowing there will be out-of-pocket expense to do so, before we know they're going to be upheld," Bakke said. "I couldn't face these farmers six months from now if we didn't prevail."

A hearing date has not yet been set. The State Supreme Court is expected to rule on a similar case soon. The outcome of that case could affect the direction of Whidbey Environmental Action Network's case, Erickson said.


Democrats sweep into office in Island County
By RECORD STAFF
Nov 08 2006

Following in the footsteps of voters nationwide, Island County voters leaned left on Election Day and sided with Democrats in several contentious races for county government.

Democrat John Dean, the former editor and associate publisher of the Stanwood Camano News, was handily beating incumbent Republican Bill Byrd in the race for Island County commissioner, District 3. Dean claimed 58 percent of the vote in early vote tallies.

In the open race for county assessor, Democrat Dave Mattens had claimed 55 percent of the vote against his Republican rival Don Mason.

Island County Prosecutor Greg Banks is also winning his bid for a third term, according to early election tallies.

The Democrat incumbent enjoyed an early lead over Republican challenger Steve Selby, his former chief deputy. Banks has 8,644 votes to Selby’s 7.893 votes, and Banks leads with 52 percent of the vote.

Democrat Linda Riffe, the incumbent county treasurer, was easily beating Republican challenger John Morrow. Riffe had 62 percent of the vote locked up in early election returns.

One race remained too close to call.

State Rep. Barbara Bailey has just a five-vote advantage over Democrat challenger Tim Knue for the District 10, Position 2 seat in the state House of Representatives. 
Bailey, the Republican incumbent, has 13,383 votes to Knue’s 13,378 – or 50.0093 percent of the vote to 49.9907 percent.

Knue expected a tight race.

"We knew it would be; she was a tough incumbent to go against," he said.

Mark Brown was one of the few bright spots for Republicans. Brown was winning in a landslide over Jay Wallace for Island County sheriff, with Brown claiming 68 percent of the vote.

Brown advanced to the general election after a three-candidate primary to face Wallace, a former sheriff deputy who was fired after a 911-call controversy earlier this year. Wallace changed parties and jumped onto the Democrat ticket just before the primary after getting lackluster support from his fellow Republicans.

Initiative 933, the "Property Fairness Initiative," that would require state and local governments to compensation property owners when regulations damage the use or value of private property, was falling to defeat across the state and in Island County. Statewide, 57 percent of voters were voting against I-933, while 42 percent were voting yes. In Island County, the rejection was even more lopsided: Almost 66 percent were voting no on I-933, while 34 percent of voters were voting to approve the controversial measure, according to early election results.

Democrats began their celebration early on election night. Mattens and Knue gathered with other Democrats at the Bayview Cash Store, where more than 100 people had come to witness "change in the making." On projector screens, people watched CNN updates and celebrated every time a Democratic candidate led in the vote.

The crowed cheered for Sen. Maria Cantwell as early vote counts predicted a solid lead.  They enthusiastically applauded when numbers indicated I-933 failing in Island County.  And when the first numbers were announced in the county assessor’s race, the weight of weeks of non-stop campaigning seemed to fall off Matten’s shoulders. With close to 56 percent in early counts, he had a clear lead on Mason.

But Mattens was humble.

"I am happy," Mattens said. "I am very happy."

Minutes after 8 p.m., Banks and his supporters hovered in front of a computer, waiting for local vote counts to be released online.  As the minutes ticked by, the suspense heightened. Finally, the first numbers from Island County rolled in and it looked good for the incumbent.

"I felt relieved," Banks said. It had been a tough campaign with character attacks and harsh criticism by challenger Selby.

"It shows that people appreciated our campaign. We stuck to facts and our record. We didn't resort to anonymous e-mails and other smear campaign tactics," Banks said.

The next update in the vote count is 4 p.m. Thursday. The official, final tally will be released on Nov. 28.  Complete election results for Island County are available on the county auditor’s Website at http://www.islandcounty.net/auditor/elect


WEAN seeks e-mails on Initiative 933
By Paul Boring
Whidbey News-Times
Oct 14 2006

The Whidbey Environmental Action Network has requested from the county e-mails reportedly sent by all three commissioners to Rufus Rose endorsing Initiative-933, which calls for just compensation in cases where a person’s property is taken or de-valued for public use.

Rose, founder of the Island County Property Rights Alliance and former chairman of the Island County Planning Commission, spoke on behalf of I-933 at an October League of Women Voters forum held on South Whidbey.

“Rose explicitly stated that he had in his possession e-mails from all three county commissioners endorsing I-933,” wrote Steve Erickson of WEAN in an Oct. 12 public disclosure act request to the commissioners. “When I asked him to show me these e-mails, he refused.”

The request solicits “any and all e-mails sent by any county commissioners to Rufus Rose or anyone else since Aug. 1, 2006 discussing, referencing, and/or stating a position or opinion regarding Initiative 933.”

Commissioner Mike Shelton said he and his colleagues have not endorsed the initiative as a board, but they have told people their individual views.

While he faulted the wording in the initiative and the financially tenuous position in which it places local governments, he said he supports the initiative.

“The public good has been protected at the expense of individual property owners through regulation,” Shelton said. “I just believe that is wrong. It’s time for the pendulum to swing the other way.”

The initiative’s intentions are sound, but the Legislature would have to tweak the regulations and take the financial burden away from already strapped local governments, Shelton added.

If the initiative passes in November, the government will have to document certain factors prior to enacting laws regulating private property, according to a League of Women Voters of Washington summary of the ballot issue.

The initiative allows owners of private property to request compensation for loss of value, as defined by the initiative, due to regulations dating back as far as 10 years. Any uses that were legal prior to the development regulations would still be permitted.

“Government has the option of paying for the loss of value of the property or allowing the property owners to develop their property as they choose,” the summarized ballot issue states.

Opponents such as the Island County Smart Growth Coalition fear I-933 would eradicate many land use laws and could cost local governments billions of dollars statewide.



Whidbey Island Bank and Goosefoot to invest millions
South Whidbey RECORD
By GAYLE SARAN
Oct 07 2006


Goosefoot Community Fund, a non-profit real estate development company, is going to invest $8 million at Bayview’s shopping center along Highway 525.

Goosefoot, which developed Bayview Corner and the Cash Store, has closed a financing transaction with Whidbey Island Bank and Rural Community Assistance Corporation for the loan. The funds will be used to redevelop Goosefoot’s property at the Bayview Shopping Center.

Linda Moore, development director for Goosefoot, said the funds will be used to revitalize the 28 acres of commercial land in Bayview. Leases at the shopping center run through 2009, and Goosefoot intends to keep the same tenants until then.  Moore and Leigh Anderson, executive director of Goosefoot, sealed the deal this week with Michal Cann, chief executive officer of Whidbey Island Bank.  The financing is the foundation of the financial structure for Goosefoot’s long-term development in Bayview. Master planning for the redevelopment project is currently underway. Moore said they will be working with the same group that developed the REI flagship store in Seattle.

“The final plan will look and feel like us,” Moore said.  Goosefoot plans on seeking community input on its proposal for the shopping center, currently home to Casey’s Red Apple and Casey’s Crafts.

“We will be unveiling plans for public comment and input,” Anderson said.

“In an era of limited resources, Goosefoot is uniquely positioned to build upon and continue its innovative work at the crossroads of affordable housing, job creation, infrastructure and sustainable development,” said Nancy Nordhoff, cofounder of Goosefoot.

“It is precisely at these intersections where the hard work lies. We are grateful for the confidence of our financial partners and the community. And we welcome the hard work ahead,” she said.

Goosefoot has closed the financial transaction with Whidbey Island Bank and the Rural Community Assistance Corporation, or RCAC. Whidbey Island Bank will make an investment with RCAC, playing the role of the conduit for the tax credit.

“Since Whidbey Island is our home, we are pleased to participate with Goosefoot in support of quality projects that benefit the local community,” said Michal Cann, CEO of Whidbey Island Bank.

“Whidbey Island Bank will make the investment of $48 million with RCAC playing the role of the conduit for the tax credit,” he said.

The RCAC is a community development and financial institution headquartered in Sacramento, Calif. that serves non-profit organizations, local government agencies and tribal entities in 13 western states. The organization operates a loan fund with $60 million in lending capital that provides low-interest loans and grants to further community goals.

The transaction utilizes “New Market Tax Credits,” a federal program began in 2000. The credits are designed to spur private equity investment for economic growth in statistically targeted rural and urban communities by making investment capital available to businesses in low-income communities.

Moore said the project met the RCAC requirments because of housing costs in the area.


Board squashes WEAN lawsuits
South Whidbey RECORD
By BRIAN KELLY
Sep 20 2006

A state growth board has once again sided with Island County in the battle between the county and the Whidbey Environmental Action Network over new farming regulations.

In a decision issued late last week, the Western Washington Growth Management Hearings Board said the county’s new farming rules do not conflict with the Growth Management Act’s goal of protecting critical areas.

Critical areas are environmentally sensitive spots such as wetlands, streams and steep slopes. WEAN had claimed the new farm rules ran counter to the state’s Growth Management Act, the sweeping state law adopted more than a decade ago to protect forests and farmland from urban sprawl.

WEAN filed three lawsuits against Island County in mid-July asking the growth board to review the new farm rules, which require farmers to complete farms plans for their agriculture operations. WEAN said the county’s rules were inadequate because they did not require the restoration of illegally damaged wetlands, and that the rules would not protect critical areas because they were not written using the best available science.

In it’s Sept. 14 decision, the growth board rejected those claims and sided with the county on two of the three lawsuits; WEAN had voluntarily dropped the third lawsuit that centered on farmlands within drainage and diking districts.  It was the second time within a month that the growth board had ruled in Island County’s favor.

On Aug. 30, the board agreed with the county on a compliance case over critical areas regulations that dated back to the late 1990s. On Sept. 11, WEAN asked the board to reconsider its August decision.

WEAN spokesman Steve Erickson said I-933, the “Property Fairness Initiative” on the November ballot that would compensate property owners when government regulations restrict the use of their land, was a factor in the growth board’s decision last week.

“I really feel like their decision here was politically inspired based on their fear of I-933,” Erickson said.

“I think the political appointees that run the state agencies are flapping and squawking that the sky is going to fall” if I-933 passes, he said. “It just seems to be the general attitude of much of the state agencies on environmental protections.”

The county’s new rules require farmers to complete farm plans for their agriculture operations.  Farmers must follow “best management practices,” or BMPs, that have been adopted by the National Resource Conservation Service. The NRCS is a federal agency that helps property owners protect soil, water and other natural resources.

The county has also adopted a new surface water monitoring program that will test water in watersheds across the county to see if farming operations are hurting water quality after the new rules go into effect.

In its decision last week, the growth board rejected WEAN’s view that the new farming rules would reduce buffers – no-go areas around streams and wetlands – in a way that would damage the environment.  Instead, the board agreed with the county that buffers would increase in size, but haying would be allowed for low-intensity agriculture operations.

WEAN had challenged the scientific basis used to develop BMPs, but the growth board rejected that claim, as well.

“As we did in the compliance case, we find that the county’s program of NRCS BMPs, together with its monitoring and adaptive management program, protect the functions and values of critical areas by regulating agricultural practices in rural lands,” the board said in its decision.

“Although the benefits of standard buffers along streams and wetlands are well-established, the evidence shows that the use of BMPs to regulate agricultural activities near critical areas … can also protect the functions and values of those critical areas. For that reason, both the Department of Ecology and the Department of Fish and Wildlife recommend BMPs to protect critical areas where agricultural practices are in operation,” the board said.

County commissioners unanimously adopted new regulations to regulate existing farms in May. Farmers must follow BMPs or complete custom farm plans that detail how they will manage their farms in earth-friendly ways. Small-scale farmers will be need to fill out a checklist, while others will be required to complete custom farm plans.

The new rules have been highly controversial. The proposed regulations led to the biggest public hearings in Island County history, and many farmers said the rules were excessive and would drive some farmers out of business.

WEAN, however, said the new rules were too lax and complained that existing and ongoing agriculture operations were hurting environmentally sensitive lands, as well as polluting streams and groundwater.  WEAN wanted the county to complete an environmental impact statement on the new farm rules, and claimed that agriculture operations were already polluting streams and groundwater, and farming was a threat to public health.

In last week’s decision, the growth board said WEAN did not have evidence to back up those claims.  WEAN’s request for a reconsideration of the board’s August decision on the compliance case is still pending.  WEAN said a review was needed because the growth board got its facts wrong and repeatedly misinterpreted the law when crafting its decision.

County officials say WEAN is the one that’s wrong.

“The board didn’t make any mistakes, there’s no reason to reconsider,” said Phil Bakke, Island County’s planning director.

“The growth board had the correct facts in front of them when they made the decision,” he said.  Bakke said the county will be mailing checklists to farmers within a few weeks.

“We’re glad to move on and implement the ordinance,” Bakke said.

“We want to start focusing our energy on implementation and stop arguing about whether it is GMA compliant. We’re moving forward on our water quality monitoring program as I  speak. It’s time to get to work,” Bakke said.

 

WEAN asks board to reconsider
Whidbey News-Times
By Jim Larsen
Sep 16 2006

The Growth Management Hearings Board has been asked to reconsider its recent approval of Island County’s new regulations of critical areas in rural lands.

A motion for reconsideration was filed Monday by the Whidbey Environmental Action Network. The Hearings Board had ruled against WEAN on every point in its decision upholding the county’s regulation.

WEAN stated the board made “misinterpretations of facts and law,” in its Island County decision, and goes on to cite several concerns. As an example, WEAN claims the county “ignored science” in adopting the use of so-called Best Management Practices in rural areas.

Phil Bakke, the county’s director of Planning and Community Development, said WEAN’s request for reconsideration came as no surprise. The county and WEAN have been fighting either before the Hearings Board or in court since at least 1998.

Bakke said the county will give its response to the board if asked to do so. “We do not think WEAN has raised any issues currently before that board that were not specifically addressed,” in the initial arguments, he said.

It is not yet known if the Hearings Board will accept WEAN’s motion for reconsideration. WEAN also has the option of going to Superior Court if it wants to fight the board’s decision.


Whidbey fights climate change
Whidbey News-Times
By Jessie Stensland
Aug 02 2006

Global warming is a hot issue these days.

Former Vice President Al Gore is getting rave reviews for his movie about climate change. President George Bush finally admitted last year that human activity “may” be causing global warming.

While the federal government has been resistant toward taking substantial steps to curb the problem, many individuals and communities across the nation are making efforts large and small to be part of the solution.

The city of Oak Harbor is one of them.

City leaders are participating in an innovative climate protection effort this summer with the help of Eun Soo Lim, a Columbia University graduate student. She’s working to quantify the city’s contribution of greenhouse gases.

Afterward, she’ll present an action plan to the City Council with practical ways the city government and the community at large can cut fuel and electricity consumption.

“There are everyday, little things that can add up,” Lim said. Using a bicycle whenever possible, for example, is a great way to cut fuel consumption, with added benefit of exercise.

The City Council passed a resolution at their last meeting to participate in the Cities for Climate Protection Campaign, a voluntary program to combat global warming. It’s sponsored by a group of local governments with a really long name, the International Council for Local Environmental Initiatives — Local Government for Sustainability, along with the Northwest Clean Air Agency.

The resolution itself is a miniature lesson on global warming.

“Scientific consensus has developed that Carbon Dioxide (CO2) and other greenhouse gases released into the atmosphere have a profound effect on the Earth’s climate...” it states. “In 2006 the U.S. National Climatic Data Center confirmed clear evidence of human influence on climate due to changes in greenhouse gases.”

Many communities in the state are taking part in the program. Coupeville Mayor Nancy Conard said her town and Langley are sharing a graduate student, Mariah VanZerr. She’s giving an update on the project and a PowerPoint presentation, titled “Practical Solutions to Global Warming,” at the Town Council meeting at 6:30, next Tuesday, Aug. 8.

Many people feel that part of the solution is to change people’s everyday habits.

“The idea is for the city to take the lead in educating the community to take steps to reduce greenhouse gases,” said Oak Harbor interim City Supervisor Cathy Rosen. “We want to be a good steward and set a good example.”

In fact, Rosen said the city has been trying to become “greener” for years. There’s the recycling program, the new playground made from recycled materials and two new city-owned Ford Escape hybrids.

The city was awarded a grant for diesel retrofits on garbage trucks, which will dramatically reduce their greenhouse emissions. Sandra Place, the city’s equipment and purchasing coordinator, researched and wrote the grant applications.

While global warming might not seem like a terrible thing for those who live on temperate Whidbey Island, climate experts warn that it will have profound and unpredictable impacts on the Pacific Northwest.

A report by the University of Washington’s Climate Impact Group warns that planning should begin now to deal with global warming impacts on snowpack, salmon, hydroelectricity, agriculture and the ski industry.

Lim points out that even a small increase in average yearly temperatures will melt huge amounts of the snowpack in the mountains, which is the state’s natural water reservoir. Snowpack was been declining in the West over the last 40 years as temperatures increase. Less snow in the mountains will impact the timing and volume of stream flow.

That’s an important consideration for Oak Harbor since the city depends on water piped in from the Skagit River.

“Everything is connected to global warming,” Lim said. “Human health, the economy, wildlife, agriculture — our everyday life. It’s really important not to ignore this.”

Lim said she is working for “10 intense weeks” in the city public works department. She’s currently working with Puget Sound Energy, Cascade Natural Gas and Amerigas, as well as the Washington State Department of Transportation and Island Transit.

She’ll use data from the agencies and companies to develop a profile of energy consumption for both the city government.

Once the profile is completed, she’ll create a targeted action plan with ways in which the city and community can cut consumption, with specific goals for the future.

“Most of the program will require the city spending money in the beginning,” she said, “but the long-term savings will be a huge benefit.”


 


Council approves Highlands
South Whidbey RECORD
By BRIAN KELLY
Jul 22 2006

The Langley City Council cleared the way Wednesday for work to begin on the Highlands, the largest housing development in the city’s history.

Amid reservations about the 53-home subdivision’s impact on Langley’s water supply – and the need for a piece of fairgrounds property for a secondary access road – council members unanimously approved the preliminary plat for the new neighborhood.

The council also adopted a four-page set of conditions for the development of the subdivision, which includes rules such as requiring the developer to prepare a plan for protecting trees on private lots in the Highlands, and a trails plan that includes design standards for public and private trails.

“I can’t tell you what a relief it is to get approval of the Highlands,” said Mayor Neil Colburn. “I’m excited about the potential.”

“This has been a very thorough process,” said Councilman Robert Gilman. “And I’m very pleased with the thoroughness from the city, the engagement with everybody — from the community, to the city, to the applicant, to us — trying to put this together.”

The Highlands will be built on a 14.57-acre property on Al Anderson Road.  Three clustered home groups with common courtyards are planned, along with 28 single-family lots. The neighborhood will also feature a new park, public trails and walkways and a community hall. RDA & Associates is the developer of the project.  With the preliminary plat now approved, the developer can finalize engineering drawings for the project, which may take 30 days or so, said Ryan Goodman, city engineer.

The developer can then begin installing utilities and road construction, which could take about two months. Approval of the final plat could come within three months, Goodman said.  Before the vote, council members sought assurances that the city’s water supply would not be damaged by the development.

“I still have concerns about the water,” said Councilwoman Faith Bushby.

“Because we have so many other areas to develop up there, why don’t we just leave this one alone and develop somewhere else?” Bushby asked.  All of Langley sits above the recharge area for the city’s aquifer, however, Colburn noted, and the city has taken steps to safeguard its water supply.

“We have more protections for this neighborhood than we have for your neighborhood,” Colburn told Bushby.  City planner Alice Schisel said the land was properly zoned for development. And while the city couldn’t guarantee there would be no risk to the city’s water supply, she noted the project will be served by sewer lines.

“It will be a safe development,” Schisel said.

Most of the discussion centered on the second access road to the subdivision.  Langley’s attempt to get an easement across the county fairgrounds to build Fairgrounds Road has led to a battle with the county fair board. The fair board has twice rejected the city’s request for an easement, leading the city to rescind its offer of making thousands of dollars of improvements to the fairgrounds as part of an easement deal.

After talks reached an impasse, the city decided to pursue a condemnation of the fairground land needed for the new road through the process of eminent domain.

Before approving the plan for the Highlands, city officials tried to dispel the notion that Langley was doing the bidding of the developer in fighting for the easement across the fairgrounds.  The new route, they said, is needed to serve a large chunk of undeveloped land at the city’s southern end that includes the Highlands property.

“The developer didn’t come to us and say ‘Please, let me build that road,’” Schisel said.

“It’s not just because of the Highlands; it’s because of all the potential development that’s up there,” Colburn added.

“The Highlands is the trigger,” he said. “It would be unwise and unsafe to allow all of that area to develop with only one source of egress.”

The developer of the Highlands will pay to construct fairgrounds road, and the city will eventually take it over and be responsible maintaining the roadway.  Ross Chapin, the architect for the Highlands, said the developer was worried about getting stuck with a “blank check” for building the road through the fairgrounds if the city decides to use a different route that would be more costly to build.

Chapin said the developer wanted an assurance from the city that the road would follow the route across the fairgrounds that had been already been mapped.  Colburn, though, said there weren’t ironclad guarantees in life, but the city had been as specific as possible about the location of the road.

“The sky could fall. Poop from airplanes could hit you,” Colburn said.

“I don’t know how we could possibly be more clear,” Colburn said.


Burglar hits Front Street
Whidbey News-Times
By Nathan Whalen
Jul 19 2006

A burglar has broken into several businesses in downtown Coupeville over the past two weeks.

The first burglary took place July 3 at Door 2 Door Interiors. Since then, Touch of Dutch and Christopher’s have also been burglarized. Items stolen include money, jewelry and a laptop computer.

Coupeville Town Marshal Lenny Marlborough said there was very little damage to each building. In each case the burglar entered the building by forcing a window open.

He said the burglar would try to hide any indicators that a business had been burglarized. The burglar had drawn drapes, re-inserted screens and re-assembled a window.

“From the outside, you’d never known if anybody had gotten in there,” Marlborough said. Christopher’s had been open for an hour before anybody realized the business had been burglarized.

He estimated that approximately $3,000 worth of cash and items had been stolen between the three businesses.

The Coupeville Marshal’s Office is investigating the burglaries and no arrests have been made.

If anyone has information about the burglaries, they should call the marshal’s office at 678-4461.
 



Northrop Grumman fines in shipyard death upheld
South Whidbey RECORD
By GAYLE SARAN
Jul 15 2006

Northrop Grumman lost its appeal with the state Department of Labor and Industries and must pay a fine for three safety violations in the accidental death of William Dayton on Feb. 7, 2005 at Nichols Brothers Boats Builders in Freeland.

The state Department of Labor and Industries cited the company for three serious safety violations with penalties totaling $1,500 after investigating the accident.

Dayton, 22, died when a drone helicopter fell on him from eight feet above the yard floor while workers were finishing work on the X-Craft, the high-speed experimental warship built for the Navy by Nichols.

Northrop Grumman is the manufacturer of the helicopter drone that fell.

The company was fined for three violations; $550 because its employee who was directing the Nichols crew did not correct the hazardous lift; $650 because its employee did not intervene to prevent the helicopter from being tilted so that the pull was more than 20 degrees off the axis of the lifting bolt; and $300 because the eyebolt used in the lift was bent and was not replaced prior to the lift.

A representative from Northrop Grumman was on site at the Freeland boatyard at the time of the mishap.

The agreement also states that by agreeing to the findings, Northrop “neither denies nor admits violating the provisions of the Washington Industrial Safety Act, and that the agreement may not be used in any other proceeding except those instituted by Labor and Industries.”

The company was represented by attorney Bruce Cross of the Seattle firm of Perkins Coie. The state was represented by Beverly Norwood-Goetz of the Washington State Attorney General’s Office.




Construction costs increase
Whidbey News-Times
By Nathan Whalen
Jul 12 2006

To pay for a new football stadium and other athletic facilities at Oak Harbor High School, voters approved a $6.5 million bond last November. In addition, the Rotary Club is donating approximately $500,000.

It turns out that isn’t enough.

Early estimates show the project is $600,000 over budget and school officials are figuring out how to make up the shortfall.

Instead of making cuts in the project, they are looking at other funding sources to make up the shortfall. One such source is Department of Defense Supplemental Aid the school district receives each year. That money, which ranges between $329,000 and $350,000 per year, has been used for capital projects in the past.

School board member Kathy Jones said the community has been waiting a long time for a new stadium and the school district should build the best possible facility.

“We have one chance to do this,” Jones said. “Do what it takes to build a solid facility.”

Superintendent Rick Schulte agreed and added that the costs could go up or down in the coming months.

“I think it’s reasonable to add budget for us to be able to do this,” Schulte said.

The school district is citing several reasons for the higher-than-expected costs.

Schulte said during the meeting that the costs for construction materials, particularly aluminum, have risen dramatically in recent months.

“We’ve been hit by a number of unpredictable factors,” Schulte said.

Another factor the school district is citing is the lack of competitive bids. Other school districts in the region have seen fewer, and higher, bids for school construction projects. One contractor who bid on an elementary school project in the Everett School District came in 21 percent above the estimate. The low bid for an elementary school in the Bellevue School District came in 12 percent above the estimate, according to information from the Oak Harbor School District.

Locally, when estimates for a new high school in Coupeville rose above the budget, Coupeville school officials had to delay other construction projects until more money becomes available.

Schulte did have a list of $100,000 worth of cost savings for the board to consider. He said the potential cuts are ones nobody would notice.

“We’re still going to end up with a facility everybody is going to be thrilled with,” Schulte said.

However the board’s consensus seemed to be with expanding the athletic facility’s budget.

School board member Corey Johnson was concerned about the project budget. He wanted to look at cuts to ensure there’s money available for other aspects of the project, namely the adjacent athletic field, to be completed.

“I want to make very certain that we told the public we are doing — we are doing,” Johnson said.

Schulte said the practice fields will be replaced as part of the high school modernization project. Those fields will be destroyed when builders use them as a staging area for the renovation.

“During the high school modernization, those fields aren’t going to exist,” Schulte said. Those fields will be rebuilt after the renovation is complete.

By using the supplemental aid funding, several other projects are put on hold. Those include replacing the parapet at the school district’s warehouse and the carpet at Hillcrest Elementary School.

The stadium is expected to go out to bid in October and it should be complete by the fall of 2007.


New owner takes over 1504 Café
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Jul 01 2006

Some customers have sat in the same chair while drinking their morning coffee since 1989 when the 1504 Café in Freeland opened. One man actually brought in his own TV to watch the news channel during his visits. The TV has been at the coffee shop ever since.

Many customers have stayed the same over the past 17 years, but ownership of the espresso hotspot has changed twice. Now, it’s the third time.   Today, new owner Jessica Leon will take over the café. She has left her position at U.S. Bank in Freeland to run the popular coffee shop.

“I feel like I am inheriting somewhat of a legacy,” Leon said. “People feel a sense of ownership for the place.”

The 1504 Café is one of the oldest espresso bars on Whidbey Island. Today, the old and new owners will officially exchange keys and have a little celebration, Leon said.

Leon is most excited about being part of the community living room that the coffee shop has become over the years. Seeing liberals arguing with conservatives, meeting people from all walks of life and hosting both newcomers and fourth-generation islanders at the same place made the business opportunity attractive to her.

“It’s great to see. No matter what side of the fence you’re on, they like the same place,” Leon said.

It is her first business venture into the world of Northwest coffee culture. As she learns the ins and outs of the coffee business, she has the loyal support of staff. The biggest help is the 16-year-old daughter of the previous owners, Laurel Johnson, who has been around the coffee shop since she was 6 and will continue to work at the 1504 Café.

Changes come naturally with a new owner. Leon said she is looking forward to a new chapter in her life as Freeland goes through changes with the current talk of incorporation and planning for the town’s future.

“Freeland is building its own character,” she said.   Leon plans on keeping the atmosphere of the coffee shop the same.

“I want to honor what was created here,” she said.

Store specialties like cranberry bread will stay, as well. However, down the road some simple breakfast items and light lunches, such as salad, will be added to the menu. Leon also would like to introduce more alternatives to coffee, such as English or Japanese tea drinks.

She also hopes to have art and other events at the location.  The 1504 Café is located between the Texaco gas station and the Coldwell Banker office in Freeland off Highway 525.

County defends Critical Areas Ordinance
Whidbey News-Times
By Rick Wood
Jun 24 2006

Island County and the Whidbey Environmental Action Network found themselves again duking it out in front of three judges.

The Growth Management Act Hearings Board convened Thursday in front of a standing-room-only audience to hear the two sides battle over Island County’s Critical Areas Ordinance update.  The board will ultimately determine what agricultural activities should be exempt from Critical Area protections in Island County.  The county defended itself against accusations leveled by WEAN that the ordinance lacks sufficient environment protection measures.

“Ag has damaged and is damaging critical areas,” WEAN spokesman Steve Erickson told the board, submitting information he said shows that 106 sites tested exceeded Department of Ecology standards for fecal coliform.  On the side of the county sat Keith Dearborn, an attorney representing Island County during the update process, and Josh Choate of the county prosecutor’s office. Also in support of the county were Rufus Rose and Jeanne Hunsinger, representing the Island County Property Rights Alliance.

WEAN was represented by Steve Erickson and Marianne Edain. The organization has petitioned the board against the county on several occasions dating back to 1998. 
WEAN based its case on supplying a preponderance of evidence. “The briefs and supporting documentation ran to ten pounds, and that was with putting the scientific material on a CD,” said Edain.

“I question the validity of the ‘evidence,’” said Rose, who took issue with the interpretation of water sampling and testing used as the basis for WEAN’s argument.

Margery Hite, the presiding officer of the state hearings board, was appointed to the Western Washington Growth Management hearings Board in 2002. She currently resides on a farm in Skagit County.

“The question of this board is the compliance of the ordinance,” said Hite. The ordinance must comply with the state Growth Management Act.  For the most part, Hite seemed concerned about the county’s ability to enforce the ordinance when violations are reported.

“You don’t have an inspection system,” said Hite. “You have a complaint system.”

She went on to ask for clarification on how enforcement works if the county does not have access to individual farm plans. Farm plans submitted to the Whidbey Island Conservation District are no longer considered public information.  The county indicated that they believe compliance is not an issue at this time. Dearborn responded to questioning of enforcement by citing the county’s use of an extensive surface water quality monitoring program as an indicator that no violations are occurring. Currently the county staffs six personnel dedicated to monitoring water quality.

“It’s more important to be* fair than to be right,” said Dearborn. “Right now we aren’t getting it fair.”

Both sides fired volleys of accusation and supporting facts in their testimony.  The activities of livestock on privately-owned acreage is at the center of the controversy. Erickson contends that over 37 percent of farmland owners have critical areas on their property.

“The county is letting politics trump common sense here,” Erickson said.  The county rebutted that with the limited “hobby farms” that dominate agriculture on the island, serious environmental problems do not exist.  The hearing took an emotional turn when Hunsinger broke into tears while stating her belief that other businesses were not being held to the same standards on critical areas. She regained her composure quickly and concluded her statement by making an appeal to the board to be fair to small farm owners.

“In terms of fairness,” said Erickson, “kids should be able to play in a creek without getting sick from it.”

“Any observer can see our only large-scale commercial farming is here in Coupeville,” said Dearborn in his rebuttal. “We’re talking about small-scale.”

Now it is up to the board to review testimony and evidence before rendering a decision. A verdict is expected in the next few weeks, but an appellate process could take months to settle.



City wastewater plant will be updated
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Jun 24 2006

Fewer fumes and better compost.

That’s what Langley expects to get after the city’s wastewater treatment plant undergoes a needed update.  The city council voted Wednesday to approve the purchase of a $135,900 belt filter dewatering system.  The new belt filter press helps remove water from sludge in the city’s wastewater, and that means a better, dryer compost product. The system also helps reduce odor emissions.

While the new equipment does not stretch plant capacity – the city’s wastewater plant is currently operating at about 60 percent capacity – it will help Langley’s public works department operate the facility more effectively.  Rick Hill, director of public works, said modernized equipment will improve and update Langley’s composting abilities.

“What we do in a week now, we can do in half a day with the new equipment,” Hill told the council.  More sewage can be accepted and processed, which means more income for the city, he said.  Another positive for the system is the reduced operating cost due to fuel savings, Hill said.

The savings could be passed on to the community by limiting sewage charges.

Councilwoman Faith Bushby asked if the city had the money to improve the treatment plant. Hill and clerk-treasurer Debbie Mahler said there is money in the budget for the improvements.  Hill said Langley expects to pay off the system within three years.  Langley is currently reviewing its sewer and wastewater system plan as part of the update of the city’s comprehensive sewer plan.

The city council took a tour of the treatment plant several months ago to prepare for the update, and the council is currently studying drafts of the sewer plan.  Hill said the major points of the update are:

• Upgrading the treatment facility, with the new belt filter dewatering system as the first step. Eventually the plant must be expanded, however.

• Changing to a low-pressure sewer as the preferred sewer system in Langley. It would be cheaper for the city, Hill said.

• Putting sewer extensions in place.

A presentation and hearing on the comprehensive sewer plan is planned for July 19.  South Whidbey gardeners can still pick up compost, the wastewater plant byproduct, for free at the treatment plant. City officials say the free compost project has been very successful and has helped the public works department move compost off facility grounds faster.

The compost product is odorless and safe for most plantings, except some leafy vegetables.



Sewer plant move studied
Whidbey News-Times
By Jessie Stensland
Jun 21 2006

The sewage treatment plant in the middle of Oak Harbor’s waterfront park is cracking with age and has fallen behind in the world of wastewater cleaning technology.

Moreover, the look and smell of the facility doesn’t fit in with the city’s multi-million dollar efforts to revitalize downtown Oak Harbor and waterfront.

But closing down the plant and perhaps building a playground in its place means finding another way to treat the hundreds of thousands of gallons of wastewater that goes through the facility each day. And that is an expensive and complicated proposition.

To help the city make the right decision, the Oak Harbor City Council recently approved a $30,500 contract with a consultant, URS Corporation of Seattle.

“Not only do we need to determine the location of the treatment facility,” Interim City Administrator Cathy Rosen told the council, “we need to determine which type of technology will work best for the city.”

Originally, city officials discussed the possibility of closing the waterfront facility and expanding the treatment lagoons at the Navy’s Seaplane Base to take the additional capacity. The problem with that, Rosen said, is that the Navy owns the property, the Navy must approve all plans for expansion and the Navy could terminate the city’s use of the lagoon treatment plant on two year’s notice.

Moreover, the Navy is restoring a saltwater marsh surrounding the lagoons near Crescent Harbor, which could impact the city’s ability to get permits to expand the facility.

The city contracts with the Navy to run the lagoon treatment facilities. Over the last six years or so, the city has been negotiating with the Navy to purchase the lagoons, but there’s no end in sight to the bureaucratic bad dream. The Navy base is supposed to privatize utilities, according to directives from the Secretary of Defense.

Steve Bebee, public works field supervisor, said another concern is that both the waterfront treatment plant and the lagoons are old technologies. The waterfront plant is a rotating biological contractor facility, or RBC, which relies on natural biological processes. The lagoons clean the water through a system of settling ponds.

A maximum of 0.7 million gallons of wastewater — the stuff from toilets, showers and so on — is treated at the RBC plant each day. A maximum of 2.5 million gallons of city wastewater goes through the lagoons a day. Both facilities clean the water well enough to conform to state requirements, but newer technologies can clean water far better.

The RBC plant is aging. It was originally built in the 1950s and went through a major upgrade in the late 1970s.

Rob Kelley, the chief operator at the RBC plant, has strong views on the future of wastewater treatment in the city.

He said the best alternative would be to build a membrane bio-reactor, or MBR, plant at the old city shop at the north end of City Beach Street. It’s a new technology with many advantages. The plant itself takes up less than 70 percent of the space of conventional facilities, has low operation and maintenance costs, creates a much smaller amount of sludge, and best of all, the treated wastewater is very clean.

It’s clean enough, Kelley said, that the water could be used to irrigate the park and save the city lots of money.

“If we’re looking for way into the future, that’s the way to go,” he said, noting that state and federal requirements on cleaning wastewater are always becoming stricter.




Hearing coming for Langley’s Highlands development
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Jun 10 2006

People interested in the largest development in Langley history can get a closer look at the Highlands project next week.  A public hearing before the Planning Advisory Board is scheduled for 5:30 p.m. Wednesday, June 14 in council chambers at City Hall.

Last week, the developers — The Highlands at Langley, Inc. — gave a preliminary review of the project to the Planning Advisory Board. The builders were represented by Rick Almberg, president of RDA & Associates.  The subdivision is the largest development in Langley’s history, and would be built directly above the city’s wellhead.

City planner Alice Schisel said the Highlands would include 53 homes on a 14.57-acre lot on Anderson Road. Twenty-eight single-family lots and three clustered home groups with common courtyards are planned.  Once the project is finished, it will consist of a variety of housing types, ranging from small cottages and townhouses to single-family homes, Schisel said.

If approved by the city, the project must be finished in two years, but some parts may be completed as early as next year.  Local architect Ross Chapin said that if permits come through as expected, the developer will begin with road and utility work this summer and start building houses this fall. Chapin said that the subdivision might be a trendsetter and could turn into a model project. There will be a diversity of homes — some may be custom built — and the project has been designed to blend with Langley’s overall look.

Chapin said many of the old trees on the property can be preserved under the design. Approximately 70 percent of existing mature trees will be saved, Schisel added.
A new park, trails and sidewalks are part of the new subdivision. A public trail system is planned, in addition to private open space areas and walkways. The Highlands will be constructed using the city’s new low-impact development strategies. Low-impact projects are developments that treat rain runoff in non-traditional ways. Schisel said the Highlands will be the model project for the $75,000 low-impact development project that was recently announced by the Whidbey Island Conservation District. The money will be used by the city for direct technical assistance on low-impact development planning and design services.

The location of the development, directly above Langley’s wellhead, requires special attention, said Hal Seligson of the Planning Advisory Board.

“In the absence of a formal wellhead protection plan for Langley, we need to see what measures will be taken to protect Langley’s water supply during site work and building at the Highlands,” Seligson said.

Chapin said the developer will use safe strategies for storm-water management.

“The stormwater system is being engineered to recharge rainfall into the soil and aquifer,” Chapin said.

Homeowners in the Highlands will also be required to attend an educational workshop by the Whidbey Island Conservation Group about the science and responsibilities of living in a well recharge area, he said.

Sewer lines for the Highlands will connect with the city’s main system through the Northview subdivision, Chapin said.  Some citizens have expressed concerns about traffic on Anderson Road from the roughly 100 additional vehicle trips coming from residents of the new development.  The developer has provided city officials with a traffic report prepared by Gibson Traffic Consultants. It analyzes the traffic impacts on nearby intersections and streets both with and without the Highlands project. Chapin said the report concluded that the affected areas currently have a level of service rating of A, and roads will remain at this highest rating after the completion of the project.

“While the engineering shows that the impacts are negligible, the city is requesting, and the applicant has offered to build, a road connecting upper Al Anderson Road and Langley Road. Details for this connector road are currently being worked out,” Chapin explained.

In the long run, some say the development could have a positive economic effect on Langley due to it’s size.  Seligson said proposed home businesses occupancies are a worthy experiment in the new neighborhood.

“I don’t know where the home occupation zoning changes are with the city council at this time,” Seligson said. “Although the full Planning Advisory Board recommended some months ago that home occupation structures in residential neighborhoods should have a minimum of 51 percent residential use, the Planning Advisory Board subcommittee that first reviewed this topic recommended allowing up to 100 percent non-intrusive business-use in newly developed neighborhoods,” he said.

If new residents could take advantage of business opportunities from home, it could add considerably to Langley’s economy and create jobs in town.  Home occupancies are currently under discussion by the city council.  The state Environmental Policy Act checklist and application for the Highlands project were submitted on March 20. The complete file of the proposal, including the environmental determination on the proposal, is available for review at City Hall.

The city has determined that it will not have a probable significant adverse impact on the environment, Schisel said. That means an environmental impact statement is not required. That decision was made after reviewing the completed environmental checklist and other information, she said.

Anyone wishing to comment on the proposal can submit comments or testify at the public hearing. Written comments must be submitted by June 14 to Alice Schisel, city planning official, PO Box 366, Langley, Wa 98260.

 



Turbines proposed at Pass
Whidbey News-Times
By Rick Wood
May 20 2006

Some day people enjoying the famously stunning view from Deception Pass Bridge might look down and see a hydroelectic power generating plant in the water below.

An application for a preliminary permit for such a plant has been submitted to federal authorities by a firm called the Washington Tidal Energy Company.

If approved, the proposal would see the installation of 100 to 300 “in-stream conversion devices” consisting of rotating propeller blades beneath the waters between Whidbey Island and Fildalgo Island.

The project would supply an estimated 8.76 gigawatt-hours per unit each year that would potentially be sold to Puget Sound Energy. The company estimates that this could be enough for the needs of the entire population of Whidbey Island.

Hydroelectric power is created when natural currents move propeller blades underwater which is then converted into electricity in a turbine generator.

Unlike fossil fuel power plants hydroelectric plants give off few hazardous emissions.

The application process is only beginning.

“A preliminary permit, if issued, does not authorize construction,” said Charles Cooper of TRC Environmental, a consulting company for WTEC. Several steps would remain before the construction phase could begin.

The race to be “the first” to apply is strictly proprietary.

“This is the only way for us (Washington Tidal Energy Company) to get the right to go forward and explore interest,” said Cooper. “To do it they have to be first.”

Cooper indicated that it would take at least three years to study environmental impacts, commercial needs and productivity of the currents before construction could begin. Deception Pass is well known for the strong and sometimes dangerous currents that run through it.

“I’m sure this project will generate a lot of interest,” said Cooper.

Local reactions vary to a plan that few people at this point have heard about.

Island County Commissioner Bill Byrd was unaware of the application when asked for comment. “However, energy is needed,” said Byrd after being informed of the proposal.

The news spread quickly to the other Washington.

“As one of the most visited state parks in the nation, I would have major issues with any project that would harm the environment or the tourism and recreational opportunities that Deception Pass provides,” Congressman Rick Larsen said in an e-mail from Washington, D.C.

Deception Pass State Park’s manager was surprised by the proposal.

“For us it’s a double-sided reaction,” said Jack Hartt, manager of Deception Pass State Park, on Friday. “It’s blind-sided us.”

“We certainly support alternative energy but Deception Pass is so rich with wildlife and salmon,” Hart said. “We have a number of concerns.”

The environmental concerns will be addressed in the filing of a motion to intervene against the project, according to Hartt.

“It’s not far enough along for there to be devices put into Deception Pass tomorrow,” said Cooper. The next step in the process will be the start of impact studies and responding to the challenges from critics.

The project has generated some humor if nothing else at this point. “There’s already a joke going around,” said Hartt, “that fishermen will be happy about the project because their fish will be pre-filleted when caught.”



Service Friday for boy who fell from cliff
Whidbey News-Times
By Jessie Stensland
May 03 2006

Friends and family will remember 13-year-old Matthew Hubner as a smart kid with a sophisticated sense of humor, a loving and giving nature, a desire to please. He was a boy with big hopes for the future who was just beginning to define and assert himself.

In other words, Matthew was a typical middle-school student.

“Matthew is a gift from God who blessed my life,” his mother Heidi Blindauer said. “He gave love so freely, he cared about everybody and his family embraced him.”

Matthew slipped and fell Friday night while he was climbing on a treacherous cliffside at Deception Pass near the caves on the Skagit County side. He plunged more than 150 feet to the water below, according to Chief Mike Noyes of the Mount Erie Fire Department.   Matthew’s body wasn’t found, despite a large response from Island County and Skagit County fire departments, the Skagit County Sheriff’s Office, the Coast Guard and volunteers. He is presumed dead.

A community memorial service is planned for Hubner at Oak Harbor Middle School, where he was an eighth-grade student, at 3:30 p.m. Friday, May 5. It will probably last about an hour. A memorial fund has been set up at Wells Fargo Bank. His family hopes to install a memorial at the school.

Obviously, it’s been a difficult week at the middle school. Joe Hunt, district spokesman, said 17 support staff members, including counselors, youth pastors and substitute teachers, were brought in to help students and teachers cope. Administrators set up the school library for students who felt they needed someone to talk to or just time outside of class. About 170 kids spent time there.

“The library was full,” Hunt said. “This is really hard on kids.”

Students created giant banners with messages for Matthew and his family. “I will always remember you as the funniest boy I know,” one student wrote.   Matthew left behind his mother, Heidi Blindauer; his stepfather, Randy Blindauer; and his 15-year-old brother, Robert; his father, Don Hubner, among other relatives. An obituary can be found on page A-10 of today’s News-Times.

“Never will his quick smile, adventurous nature or strong, loving hugs be forgotten,” his mother said. “He is missed by us all.”

Matthew worshipped his older brother, his father said. Matthew was getting to the stage where he would call girls on the phone and hang out with friends, but the two brothers remained very close.
Robert said he’ll miss rough-housing with his brother, playing classic ‘60s music real loud and dancing in the living room. He’ll miss snorkeling and fishing with Matthew.

“We were really close and had a lot of the same interests,” he said, pointing out that they were only one year and 361 days apart in age. “We could do just about anything together.”

Matthew was born in California, but spent most of his life in Oak Harbor. Don Hubner said his son had a good mind for science and talked about curing AIDS or cancer when he grows up. He played the trombone in the school band for a couple of years, but gave it up to take part in student government.
Matthew was at home in water.

“He was a fish,” said Don Hubner, a Hawaii resident. “He loved the water. He loved to swim, fish and snorkel. He was looking forward to scuba diving.”

One good thing that Don Hubner hopes comes out of the tragedy is that the caves will be sealed off somehow. He said the caves make the dangerous cliff too enticing.   Matthew was hiking and climbing in the area with his 22-year-old stepsister and a group of her friends. The young adults were exploring the cave when they heard the sound of Matthew falling, came out and saw him in the water below. They tried to get to him, but were unable to because of the difficult terrain, Don Hubner said.

It wasn’t the first time that people have been killed or injured in the dangerous area, though it’s been about three years since a serious incident on the cliffs involved a person. Park Manager Jack Hartt said over the last two years firefighters rescued a couple of dogs that fell into precarious places.
Chief Noyes and Chief Marv Koorn of North Whidbey Fire and Rescue said that the two fire departments have an agreement to respond to emergencies in the pass, whether they occur on the Skagit or Island County side. Noyes said the areas around the caves are especially dangerous. The rock is unstable and nearly vertical.

Hartt said no area of the park is technically off limits, but that rangers strongly discourage people from going off trails.   According to the Skagit County Historical Museum, prison crews created the caves at Deception Pass after World War I by blasting away at a natural indentation in the rockface. The rocks and gravel, which was collected in a barge below, was used in construction projects. In the early 1930s, the Civilian Conservation Corps used material from the caves to build Deception Pass bridge.

The caves are extremely hazardous. Hartt said only experienced rock climbers with appropriate equipment should go anywhere near them.   In Oak Harbor, a community mourns for Matthew.
For Robert Hubner, one of the hardest things about losing Matthew will be the silence. He can’t remember a time when his brother wasn’t there.

“I spend every waking moment with him...” he said. “I’m really, really going to miss him.”


How does this Plan relate to County document?
Shoreline master
Whidbey News-Times
By Nathan Whalen

Apr 29 2006

By the end of May, the Coupeville Town Council will likely approve a new series of regulations concerning the town’s shoreline.  Before that can happen, they have to answer concerns some residents have expressed about the plan.

Nearly 50 people attended the Tuesday evening Town Council meeting to testify in a public hearing about the shoreline master plan, critical areas regulations and flood damage prevention regulations.  Residents in attendance were concerned about regulations dealing with construction over the water on historic Front Street and the impacts such development would have on area views.

The proposed 157-page ordinance allows for construction of new buildings over the water on Front Street between Alexander and Coveland streets that is consistent with the town’s comprehensive plan. New buildings could extend 20 feet over the water. Town Planner Larry Kwarsick said the new regulations also help protect existing structures. The regulations would require people who develop over the water to contribute financially to shoreline restoration areas in other parts of the town.

“We’re looking at a way to allow minimum developments and finance restoration efforts,” Kwarsick told the crowd.
There are four vacant lots in the downtown Coupeville waterfront that could be developed. A new restaurant sited next to Toby’s Tavern is currently going through the approval process.

Coupeville resident Will Jones said during the hearing that he was concerned that new buildings on the waterfront would compromise downtown’s historic character and alter public views.

“My main concern with the plan is building more buildings over the water on Front Street,” Jones said.  Steve Erickson, with the Whidbey Environmental Action Network, wanted to see a “no net loss of public view space” and said allowing commercial structures built over the water isn’t consistent with state shoreline regulations. He would like to see only water-dependent use structures allowed over the water.
In an interview after the meeting, Kwarsick said the waterfront buildings don’t have a history of water dependent uses. He added that many water-dependent uses would require construction of a pier, which wouldn’t be appropriate for the downtown area.

WEAN member Marianne Edain said the vacant lots are the only place west of the Cascades that have Rocky Mountain maples growing on them.
“I’d hate to lose those trees,” Edain said, adding that paying for shoreline mitigation doesn’t work because the money involved doesn’t make up the difference.  Coupeville resident Lisa Tichy said that the town should complete a comprehensive study of retail services before approving a regulation allowing more commercial development.

Sarah Schmidt said the town should preserve the lot between Windjammer Gallery and Kingfisher Books to save a view of Penn Cove in downtown.
Mayor Nancy Conard said the town offered to buy the lot a couple of years ago, but the offer was refused.  Others attending the meeting were concerned that new construction in Coupeville is changing the town’s character.
 
The town has been working for the past two years to develop the new master plan. In that time, 12 public meetings with the Coupeville Planning Commission and an open house were held to help develop the document.  The Coupeville Town Council approved a first reading of the proposed regulations Tuesday evening. Council members Molly Hughes, Dianne Binder and Jim Phay approved the motion. Council members Bob Clay and Marshal Bronson were absent.

Because there was so much comment Tuesday night, the council decided to continue the public hearing May 23. At that meeting, the council can take action to approve the regulations.  Once approved, the documents head to the Washington State Department of Ecology for examination. It will hold another 30-day public comment period and an optional public hearing before sending the plan, and comments, back to the town. Town officials have 45 days to respond to any issues that come up.

The director of the Department of Ecology approves the document and any appeals are made to the Growth Management Hearings Board.




Teen jumps from bridge
Whidbey News-Times
By Nathan Whalen
Apr 22 2006
 
An Oak Harbor High School senior is believed to have jumped to his death from Deception Pass Bridge early Thursday evening.

At approximately 6:30 p.m. Thursday, witnesses saw 17-year-old Adrian Almario of Oak Harbor jump from the bridge. Another witness saw him briefly floating in the water, 180 feet below. As of the News-Times’ press time Friday afternoon, Almario’s body had not been recovered.  Authorities believe Almario walked to the bridge from Oak Harbor and was alone when he jumped.

Almario had attended Oak Harbor schools since 2000 when he was at North Whidbey Middle School. At Oak Harbor High School he was a member of the culinary arts team that recently won a state competition.

“This just came out of the blue. I would have never anticipated it,” said Louise Reuble, culinary arts instructor at the high school.  She said Almario was pleasant, introspective and hard working. He participated in the Knowledge Bowl portion of the state culinary competition the students won last month.  Reuble said Almario was planning to enroll in the culinary arts program at Skagit Valley College after graduating from high school. He had signed up for a field trip to the college campus scheduled for Tuesday.

“It’s hard for everybody,” Reuble said, adding students made tearful visits to the culinary classroom after learning the news.  Attempts to contact Almario’s family weren’t successful.  Rescue crews searched the waters and beaches of Deception Pass after the teenager jumped. A backpack left at the site and eyewitness accounts convinced officials that Almario was the person who jumped.  Because there was an incoming tide when Almario jumped, rescue crews searched the area from the bridge to Dugualla Bay, said Marv Koorn, chief of North Whidbey Fire and Rescue.
 
“We were out last night from 6:30 ‘til dark,” Koorn said Friday.  In addition to two boats from the fire district, boats from the Skagit County Sheriff’s Department and the Washington State Parks, as well as a helicopter from the Coast Guard, participated in the search.  Friday morning, rescue crews from the fire district, Island County Sheriff’s Office and a Navy helicopter resumed the search for Almario. Koorn said the shoreline in the same area would be searched again to see if a body had washed ashore. They started at approximately 11:30 a.m. and, as of Friday afternoon, searchers were still trying to find the teenager.

As crews were beginning to prepare to search for Almario Friday morning, school officials were busy breaking the sad news to students at the high schoo  Joe Hunt, spokesperson for the school district, said students learned about the incident Friday morning after WASL testing finished. Students who weren’t taking the WASL didn’t have to show up until after sophomores finished the test.  He said distressed students could leave class and visit a counselor. A letter was sent home with students outlining the incident for their parents and a notice was sent out over the school district’s e-mail system.  Students took the news hard and many spent lunch time consoling and comforting each other.

“They are finding comfort amongst themselves,” Hunt said.  The apparent death of Almario is the latest in a series of tragic events for students at the high school. A sophomore committed suicide last October, two recent graduates died this past winter, and a high school senior, Seldon Hazelo, died in a car accident last February.
Hunt said the recent incident with Almario is tougher because it’s coupled with the other losses students experienced throughout the year.



Main Street sues county over sewers
South Whidbey RECORD
By Gayle Saran
Apr 22 2006

Main Street Sewer District has filed a lawsuit to stop a competing wastewater treatment system from being built in Freeland.

The district filed the lawsuit in Island County Superior Court on April 10 against Island County and the Freeland Water District. Main Street has proposed its own sewer treatment system for Freeland’s downtown and has long opposed the county’s efforts to create an alternative plan. The lawsuit hopes to thwart the design and construction of a new system developed over several years by an outside engineering firm for the county.

In the lawsuit, Main Street is demanding that it be allowed to serve Freeland’s business core.

The case was filed just weeks after county commissioners adopted the Freeland Water District sewer plan over a proposed expansion of the existing Main Street system. The Main Street system currently serves the Village at Maple Ridge, a development of senior condominiums.  Erl Bangston, the developer of the Main Street Sewer System, noted that Main Street is a viable alternative to the water district plan. Bangston is one of the sewer districts three commissioners.  Bangston said Main Street is an expandable system that could serve the Freeland business district.

Mike Shelton, commissioner for Island County said he and the other commissioners have been briefed about the lawsuit by their attorney Dave Jamison. 

“They have made us aware of the suit and that they will be defending the county,” said Shelton.

“I can’t say much more than that,” he said.

Main Street has also filed a challenge against the state Department of Health and Department of Ecology over its decision to issue “certificates of necessity” for the county-approved sewer system. A hearing is set for May 12 in Thurston County Superior Court.
Bangston said he will personally jump into the fray.

“I will be there testifying,” said Bangston.

“We were the existing sewer district. They did not contact us before they issued permission to the water district,” he said.

“I will be telling them that Main Street is the way to go,” Bangston said.

“Main Street is not a throw away system,” he added. “We handed the state an operating system that is in a better position to go forward with sewers for Freeland.”

Commissioners picked the Freeland Water District last month instead of the Main Street Sewer District because they said the Main Street operation is limited. The commissioners noted that Main Street could only serve the area until 2015, when the system would reach 85 percent of its capacity. Then another large new system would need to be built.  Bangston argues that it will cost less money in the long run, however.

That, too, was not enough to sway county commissioners. They said that savings of about 20 percent isn’t enough for a system that can only operate until 2015.

“They poo-pooed a savings of 20 percent, but it’s a significant amount of money,” Bangston said.

“We wouldn’t need to build as large a system in 2015, because Main Street would already be handling a significant amount,” he said.

In the lawsuit Main Street is asking for the Freeland Water District to be prevented from taking any further steps or actions in the design and construction of a public sewer system until it receives final approvals from the state Department of Health and Department of Ecology. The lawsuit also seeks to prohibit the county from approving the Freeland plan since it covers the same area as the Main Street comprehensive sewer plan.

 


Freeland looks at cityhood
South Whidbey RECORD
By GAYLE SARAN
Apr 08 2006

Freeland could become the second largest city on Whidbey Island. A local group of volunteers is exploring the possibility of incorporating the rural community.

Residents in the Freeland area may get to vote on the idea as early as next spring.  If incorporated, Freeland would have an estimated population of between 2,500 and 2,800; larger than Langley with 850 people, Clinton with 800 or Coupeville with its population of 1,800.  In terms of geographic size, some are already suggesting a town more than twice as big as Langley.

“We are roughing out the boundaries at this point. They will become more refined in a few weeks,” said Chet Ross said, a member of the Freeland incorporation committee.  The draft boundaries for the city of Freeland include the area from Holmes Harbor to Mutiny Bay, north to Honeymoon Lake and west to Puget Sound. The proposed boundary takes in Mutiny Bay Road to Dow Road and Lancaster Road to Double Bluff Park; it also includes the Useless Bay Colony and golf course south to Thompson Road and Highway 525. The proposed city limits would include all of the non-municipal growth area, and more.

The city of Langley consists of 653 acres and Freeland’s non-municipal urban growth area of 1,063 acres would be expanded significantly. Incorporation is not a simple task. Aside from voter approval, the city’s financial viably must be established.

“At this time we are in the exploratory stages. Our group is not advocating at this point, we are gathering as many facts as we can,” Ross said.  Based on the draft boundaries, Ross’ says there is $3 billion of property value, and that would mean millions in taxes. Yet to be determined is an estimate of the amount of money that can be collected from sales tax. Other revenue sources include excise and franchise taxes.

“There were many issues to address. Are we ready to be a city? We don’t have all the answers yet,” said Mike Dolan, chairman of the Vision 2025 committee.

“We need to determine how all of our municipal services would be provided including fire, police, utilities and public works such as road repair and maintenance.”

The Vision 2025 Committee, an organization formed to help direct the future of Freeland, is a joint effort of the Freeland Chamber of Commerce and Friends of Freeland. The incorporation committee is one of six subcommittees of Vision 2025,   The group of volunteers who are researching the nuts and bolts of incorporation for Freeland acknowledge there are more questions than answers, and that their investigation is exploratory. While the committee is currently reviewing the steps involved in becoming a city. It does not necessarily support the incorporation of Freeland.  To go forward, the group plans to hire an outside firm to do a feasibility study on the financial viability of forming a city.

“All of this information has to be available before there could be a vote on the question,” Dolan said. “These questions must be resolved 60 days prior to the election.”

“Some reasons for incorporation; control and use of taxes, local control, design review and a sense of community identity,” Dolan said.

“Local control” could become a main selling point. Activists have long argued with the county over growth and development in the Freeland area, including on issues such as building sizes and commercial development along Highway 525.  Incorporation could include what some might see as downsides, as well.

Beyond adding another layer of government for Freeland residents, the city could become more urbanized with more intense and dense development, and additional commercial development along the highway is a possibility. Large lots of five acres or more could be subdivided and developed with more homes, and the farmland that stretches to the island’s southern coast could eventually be replaced by subdivisions.

Freeland has a long history as a distinct community.

In the early 1900s, a group of people settled on the shores of Holmes Harbor and established the small Socialist community of Freeland. The political movement died after a few years, but Freeland continued to grow into a commercial center.  Incorporation must be voter approved by the residents living within the proposed boundaries of the city. Registered voters would be eligible to vote on the question, and a simple majority would approve the measure.

 

OUT OF BUSINESS IN EARLY 2008 - Thai restaurant to come in...
Pair looks for others to share Smilin’ Dog memories
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Apr 01 2006

The South End is still buzzing over the sudden closing of the beloved Smilin’ Dog coffee house a week ago.

Some people in Langley have begun decorating the classic Smilin’ Dog truck with flowers to express their gratitude for Marty Fernandez and Peg Moe, who ran the cafe for five years.  Others have been talking about the closure on the street and on the Internet, calling for a boycott of the replacement cafe or vowing to march on Goosefoot Community Fund headquarters, which was the Smilin’ Dog’s landlord until failed lease negotiations led to the closing.

Some just want to vent their anger and sadness over the loss of the popular hang-out. But one local resident is looking for a more positive finish.

“It is time to channel our grief and frustration in positive ways,” Petra Martin said.  Together with Kathleen Rauch, Martin has come up with an idea that will give the community a chance to express its love and appreciation for Marty and Peg.  The women plan to collect stories and images from and about the Smilin’ Dog. Then Martin will turn these memories into a book for the former owners.

“For many of us, the Smilin’ Dog was a second home and losing it makes us feel homeless. But beyond that, Marty and Peggy have become part of our extended family — and when they hurt, we all do,” Martin said.

“I’ve felt helpless and have wanted to do something this past week,” she said. “Then I realized that creating a book of memories that celebrates the Smilin’ Dog and the role that it and Marty and Peg played in our community will help us all heal.”

Martin and Rauch call for contributions from the community in the form of writings, photos, drawings and event posters.  They are asking the community to recall their favorite Smilin’ Dog rituals and traditions, special moments, and any memories about working, eating and gathering there.

“We need poems and short stories revolving around or set in the Smilin’ Dog,” Martin said.  They are also looking for illustrations in the form of drawings, paintings and photographs. Submissions from children would be wonderful, Martin said.

From collectors, Martin and Rauch need Smilin’ Dog event posters, newspaper clippings, table tents, and any other items you may have held on to over the years.

“We will turn all these things into a book, and then present it to Marty and Peg,” she said.

The new tenants for the cafe space at the Bayview Cash Store are Tamar and Gene Felton, the owners of the Star Store in Langley.

Their cafe will be called the 3CATS CAFÉ, Tamar Felton said. The couple plans to carry on the informal, comfortable café tradition established by the Smilin’ Dog, and the cafe will serve breakfast, lunch and specialty coffee once it opens.


Small-mart vs. Wal-Mart:
South Whidbey RECORD
By MICHAELA MARX WHEATLEY
Mar 29 2006

Many South Whidbey families make their weekly trips up north to Wal-Mart or east to the mainland. They pack the kids into the mini-van and take a 45-minute drive to Oak Harbor or head off island to shop more competitively.  South Whidbey has a high concentration of small businesses and specialty shops but not many large department stores, and prices appear to be higher on South Whidbey.

Even so, the shopping trip can sometimes be a hassle, and the community supports the South End’s small shops. They wouldn’t be fond of a big box store in their backyard.  South Enders might be on to something.

People may be better off to shop local, considering the price of the trip and the chain store discounts are often not as significant as they appear, said Michael Shuman, an attorney and economist and the upcoming Exchange speaker.

“It is my belief that small businesses are the key to economic success,” Shuman said. “But, in large, this is not how economic strategy is pursued.”   Local must come first, he said.  Shuman, author of “Going Local: Creating Self-Reliant Communities in a Global Age,” will speak from 8 to 10 a.m. Tuesday, April 4, in the Bayview Cash Store, as a part of The Exchange, a series of issue-based presentations sponsored by The South Whidbey Record and Goosefoot Community Fund.

He will present ideas about how to find local alternatives in a global economy, and will offer strategies for “going local,” including looks at private initiatives, nonprofit innovations and public policies.  Small communities such as Langley have the bone structure to implement these concepts successfully. Bellingham, for example, has been very successful and has brought in about 400 local businesses, he said.

“They have built a marvelous network,” Shuman said.

Shuman believes that communities can build competitive alternatives to big box stores, and he will make the case for alternative business models in which communities reap the benefits of going local.  When shopping local, money remains in the community instead of being sent out of state or even out of the country, he said.  Research shows that local businesses give more to charity, adapt more easily to rising labor and environmental standards, and produce more wealth for a community, he said.   The employees also spend more locally, thereby increasing community income and creating wealth and jobs.

Going local must be a community effort, though. Shuman will introduce five specific strategies to keep in mind in his new book.

• Local planning. Learn where local dollars go that could be circulated within the community.

• Local training. Establish mentorships, training and education opportunities to get as many community members involved in local business as possible.

• Local investing. While many people on Whidbey bank locally, most don’t invest here.

- Local policy making. Shuman said it is vital that local laws and regulations help local business.

- Local purchasing. Local purchasing is something that is already embedded in many South Enders. While very many people do have at least one shopping trip north or off-island, the trend shows that most people do support their local businesses enthusiastically.

Nancy Rowan, executive director of the Langley Chamber of Commerce, said people understand the importance of keeping business healthy and local.

“The lure of lower prices can be very appealing, but living on the island is the result of a conscious decision to be part of a community. Part of maintaining the small town quality of life is supporting the merchants who are an integral part of the fabric of that community,” Rowan said.  Buying and selling local is a relationship that goes both ways.

“Most of our local merchants will try to accommodate requests. They want to support the local community when they are given the opportunity,” she said.  Shuman said it is important to realize that a healthy local economy is the key to a healthy community.  While large chain stores and discounts may be appealing at first sight, small communities will get the shorter end of the stick when allowing big business into town.

Families are lured in with compelling discounts and deals, but may get bad quality. Brand names often produce lower quality lines for discounters, Shuman said. Customers trade quality for discounts.  Often, the promise of big savings may not hold true under closer inspection.

“It is a mistake to simply assume that Wal-Mart is cheaper,” he said.  Often, savings average out and a recent study has shown that chain store drug prices often are above local or small drug store prices, Shuman added.  Community and local government that welcome large retailers into town in hopes of collecting high tax revenues may cause more damage than good.

“When Wal-Mart comes in, other stores go out,” he said.  Also, communities across the country have given Wal-Mart billions in tax breaks to make themselves attractive as a location, he said.  The economic winner? Wal-Mart.

Known for his enthusiasm when it comes to issues related to economics of small communities, Shuman will bring with him his latest research findings and recommendations for creating and sustaining a vital and sustainable local economy on Whidbey Island and in Island County.  Sherry Mays, publisher of The South Whidbey Record, said she is proud to bring one of the nation’s most dynamic speakers on building healthy, vibrant communities to South Whidbey.

“Back in November, members of the Langley business community looked at kicking off a buy local campaign for the holidays. Although I thought it was a great idea, I knew we had to work together outside of the crazy holiday season to find out what our priorities are, what our resources are and what we can do to make this not just a seasonal or a year-round campaign, but a change in our philosophies on how to support our communities,” Mays said. “This is a lifelong campaign and one that will benefit generations to come.”

In recent years Shuman has been promoting the concepts of going local through a variety of projects, including creating small-business venture capital funds, launching a community-owned company, organizing university-government-business collaborations in New York and Maine to study opportunities for import replacement, preparing a buy-local guide and coupon books, developing a Website to support marketing by family farmers, serving as a senior editor for the Encyclopedia of Community, and building the Business Alliance for Local Living Economies, a network of, by and for community-based business.

His latest book, “The Small-Mart Revolution,” will be published in June.  Shuman’s presentation is open to the public and costs $10 per person.  On Wednesday evening, following the presentation, Goosefoot is inviting the public to a conversation cafe, an opportunity to mix and mingle and discuss Shuman’s strategies. The event will be held from 7 to 9 p.m. in the Bayview Cash Store Front Room.

Vicki Robin, co-author of “Your Money or Your Life” and co-creator of the Conversation Cafe, will facilitate the first of many engaging Community Conversation Cafes.

“I think it’s great that we’re partnering with Goosefoot under their mission of sustainable education. Sharing in the quest to strengthen our community, is so exciting,” Mays said. “I think it was great that Goosefoot brought the Community Cafe idea to the table. This is the perfect way to say, ‘OK, now it’s time to make things happen. It’s time to make a difference,’ all in a supportive environment.”  





County says yes to Freeland sewer plan
South Whidbey RECORD
By GAYLE SARAN
Mar 22 2006

It was one small step forward for the Freeland sewer plan Monday when Island County commissioners unanimously approved the Freeland comprehensive sewer plan and engineering report plan.

Commissioners picked the plan instead of a competing plan by the Main Street Sewer District. Commissioners said the Freeland Water District is the most appropriate entity to oversee the future sewer district.

“I’ve struggled with this. There may be a small savings by Main Street, but it will reach its capacity in 2015,” said Commissioner Bill Byrd.

“I have to cast my lot with the Freeland Water District plan because it is a firmer, more solid plan,” he said.

Main Street had argued that they could offer wastewater treatment services by expanding this current system for less money. But the amount of money saved wasn’t enough, said Commissioner Mac McDowell.

“Costs are relatively the same. A few percentage points over the next 40 years can’t be predicted,” McDowell said. “There would need to be a 50 to 100 percent
savings, not a 10 to 20 percent difference.”

“There has to be confidence from the public, too. The Freeland Water District is a capable organization. It has been in business a long time and done a good job,” McDowell added.  Attempts to contact Main Street Sewer District commissioner Erl Bangston were unsuccessful.  The Freeland comprehensive sewer plan has now passed all levels of approval at the county level.
 
The next step is the resolution of the lawsuit filed by Main Street state against the state Department of Health and the state Department of Ecology. Hearings have been set for May.  Main Street commissioners had hoped to convince the county commissioners that its small system — built to serve the retirement community at the south end of Freeland — could be expanded to serve the town’s busy business core.

County officials, however, noted that Main Street could only serve the area until 2015, when the system would reach 85 percent of its capacity. Then another large new system would need to be constructed.



Man vs. vermin
Whidbey News-Times
By Jessie Stensland
Mar 15 2006

Rat season on Whidbey Island is in full swing and some residents have come up with ingenious ideas for dealing with the naughty little vermin.

Katie Hicks, an environmental health specialist, is in charge of dealing with rat complaints to the Island County Health Department. She said the department has been inundated with calls about rats over the last few months as cold weather encourages the rodents to seek shelter in homes, cars, wood piles and buildings.  Darrell Small of Oak Harbor’s All Island Pest Control, on the other hand, has been killing rodents and bugs for 20 years. He said the rat problem has become worse over the last couple of years, and they’re not just a problem in the winter anymore. Rats are now year-round pests.
 
A Seattle TV station also spread the news of the island’s embarrassing problem with a high-profile story about rats on Whidbey.

“There’s not necessarily an above-normal number of rats this year,” Hicks said. “We’re not having rats bite people, so it’s not a huge concern from a health standpoint.”
Still, Hicks said many people have reported that their cars have been damaged by rats climbing under the hood, making nests and chewing on the wiring. Nobody is quite sure why the varmints gnaw on wires, except that they like to chew.
 
“Anecdotally, it seems to happen to Subarus more than other cars,” she said. “I’m not sure what that means.”

Chester Curry lives just north of Oak Harbor and he’s dealing with a rat problem. He’s killed six of them this year, and counting. He found one in the hood of his truck.
“The island’s overrun with them,” he said.  Curry created a clever invention to kill rats without harming cats and dogs. He actually measured the length of a cat’s “arm,” which was just under 14 inches. He cut a 14-inch length of rain gutter. He attached a piece of wood fitted into one end. Curry explained that he places a chunk of rat bait inside the contraption, out of the reach of cats and dogs, but not rats. The rodents can crawl in and eat the yummy poison.

“It cost 90 cents,” he said.
 
On Taylor Road, Maddie Rose said the Country Place Mobile Home Park is also infested with really big rats. She’s had to bring her truck to the mechanic two years in a row because of rat-chewing damage. Her Oak Harbor mechanic said it’s become a common problem with all sorts of people — those who live in mansions and trailers.
This year, the mechanic’s bill was $400.
 
“I took my truck to Wal-Mart and they found a dead rat,” she said. “They were kidding me. They said, ‘you can keep the rats.’”   To battle the vermin, Rose has called in pest control experts twice, but found that her own methods are just as effective.  She puts poison “bait bars” in suet cages made for wild birds. She wires the poison cages underneath the hood of her truck and other places where rats frequent. That way, the rats have to gnaw and ingest the poison right away, instead of taking it and sticking it in a rat hole somewhere.
 
Rose also uses homeopathic-type techniques for warding off rats. She douses cotton balls with pure peppermint oil and places them in rat-prone areas. She sprinkles moth balls. She also heard that it works to place Bounce clothes-softener sheets inside an engine to keep rats away. The sheets have to be placed at night and taken out before going for a drive.

Hicks, however, cautioned against using poisons. Even if the bait is kept away from pets, she said it can be a problem when poisoned rats die inside walls and start to rot. It smells really bad.  That’s why Small said his company uses live traps inside of buildings. Nobody wants dead rats in their home. While the old-fashioned snap-traps are kind of gross, Hicks admits, they are still a good way to kill rodents.
 
But the best defense, she said, is prevention. That means preventing rats from enjoying the finer things in life in your neighborhood, like food, water and shelter. Bird feeders are a rat favorite. Keep bird seed, garbage and pet food in tight containers, out of reach of rats. Don’t pile fire wood against the house. Don’t allow standing water to remain.  Another option is to hire pest control experts. The phone book has a long list of companies.  Not only are rats really smart, but they are sneaky and athletic.

“They have really interesting skeletons,” Hicks said. “They can go through a three-quarter-inch hole.”

A good source of information on rats and how to get rid of them is online at the Health Department Web site, www.islandcounty.net/health.
 
The site includes some valuable information and tips, including what to do if you find a rat in the toilet. Apparently the furry little devils like to crawl in through sewer pipes.
It states, “If you find a rat in your toilet, flush it! (Hint: squirt a little dishwashing liquid under the lid into the bowl, wait a couple of minutes then flush.)”


State Patrol identifies crash victims
By RECORD STAFF
Mar 14 2006

The Washington State Patrol has identified the two teens killed in a tragic auto accident in Langley Monday afternoon.
 
Jayson M. Jelinek, 18, of Freeland and Kelly M. Frantz, 17, of Freeland died after the 1985 Honda Accord Jelinek was driving left the roadway and struck a tree on Third Street in Langley.

The other passengers — Miles L. Sanstad, 17 and Micah Q. Petrich, 17, of Freeland — were injured and were taken to area hospitals. Sanstad was taken to Whidbey General Hospital in Coupeville by an aid unit after the accident; Petrich was airlifted to Harborview Medical Center in Seattle.
According to the State Patrol, Jelinek was driving west on Third Street when he lost control and hit a tree about 3:30 p.m. Monday. Jelinek and Frantz died at the scene of the accident.


Two teens die in crash

By RECORD STAFF
Mar 13 2006

Two teenagers were killed in a single-car accident on Third Street just outside Langley late Monday afternoon.

Two other passengers in the four-door sedan were injured and taken to hospitals for medical treatment; one was airlifted to Harborview Medical Center in Seattle, the other was taken to Whidbey General Hospital in Coupeville. The names of the victims were not immediately available.
 
Third Avenue was blocked to traffic for more than three hours Monday afternoon as the State Patrol investigated the crash.  Witnesses said the car was leaving Langley at a high rate of speed before the accident. The car struck one of the signature cherry trees that line the west entrance to Langley, then spun off the roadway.

The South Whidbey School District cancelled a budget workshop scheduled for Monday night because of the accident.  Counselors will be available at the high school on Tuesday to talk to students about the accident.
 


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