Friends of Guemes Island is open to all persons for the purpose of supporting the preservation of the rural character of the island, its sense of community, a sustainable lifestyle, and the planning for change in open and approved processes. |
At its board meeting today, Friends of Guemes Island voted unanimously to return $5,479.00 to the Guemes Island Environmental Trust (GIET). This amount reflects the unspent portion of the funds provided to FGI by the This distribution of funds represents 72% of the funds remaining in FGI's accounts. The percentage reflects a proportional split (72%/28%) between the funds provided by the Peach Trust through GIET and the funds simultaneously raised from our members to support the final phase of our legal efforts related to the late night ferry operations. A total of $2,130 has been retained in FGI's treasury to provide a basic level of support for FGI's future activities. Also at today's board meeting, the FGI board unanimously elected Ginger Orsini and Mary Jo Andrak to fill the board vacancies left by the earlier resignations of Dave Wolf and Deb Bear. Ginger and Mary Jo's board tenure will commence on July 1, 2009. The FGI Board of Directors -05.23.09
Update from Friends of Guemes Island: April 30, 2009 After careful consideration of the options, the FGI Board of Directors has determined that moving forward to continue the FGI lawsuit FGI brought against Skagit County to stop the late ferry hours would be time consuming, extremely expensive, and likely not produce the desired outcome of the elimination of late weeknight runs. Between the funds provided by FGI members and the grant we received from the Peach Trust, roughly $7,000 remains in the FGI coffers. The FGI Board has determined that the best possible use of these funds, at the present time, would be to donate them to the Skagit Land Trust for the purposes of helping to purchase Guemes Mountain and protect it, in perpetuity, from any form of development. We believe that this use of FGI's funds is consistent with the organization's mission of preserving the rural character of Guemes Island. Any members of FGI with comments or suggestions on this plan should feel free to contact Gary Davis, Bob Easton, or David Wertheimer to share their thoughts and ideas. All the best, The FGI Board of Directors -04.30.09
Dear Friends of Guemes Island: On December 10th, at 7 p.m., the Skagit Board of County Commissioners (BOCC) will be visiting Guemes Island to discuss the ferry schedule and fare structure. To date, the BOCC has ignored all of both the formal and informal efforts by Friends of Guemes Island (FGI) to end the late weeknight ferry runs after the two-year trial period that ended on June 30, 2008. FGI’s efforts have included:
Every one of our efforts has been completely ignored by the BOCC, with the exception of our lawsuit, to which they were compelled to respond. As a result, we are frustrated that the BOCC and Skagit County have persisted in their position that the late weeknight runs are necessary, financially sustainable (even in the context of the current economy and the County ’s seven-figure budget deficit), and will have no impact on island development and our fragile ecosystem. As a Board of Directors, we are sorry to report to our members that none of our efforts appear to have had the desired impact on the irresponsible, imprudent and wasteful actions of the BOCC. Nothing seems to be able to stop the juggernaut of the late weeknight ferry runs. On December 10th at 7:00 p.m., the BOCC members are planning to come to the Community Hall on Guemes for one more discussion of the ferry operations prior to making their final decision. We encourage as many members of FGI as possible to attend this meeting to let their voices be heard and their opinions be known. Feel free to bring signs, sign up to speak, and let the BOCC know precisely what you think. At every public meeting the BOCC has held with Guemes residents to discuss the late ferry operations, a large majority of those present have expressed opposition to the late runs. Let’s keep it that way. Sincerely The Board of Directors of Friends of Guemes Island -12.03.08
Preparing for November 25th Dear Friend of Guemes Island: This is it. After more than two years of a trial run of the late weeknight ferry, after long and expensive legal and advocacy actions by FGI, after countless hours spent by so many of you attempting to reason with Skagit County, it has come down to this: A one sentence recommendation from a county department to the Board of County Commissioners: "The Skagit County Public Works Department proposes a non-project action making the current temporary ferry run schedule for the Guemes Island Ferry permanent, effective January 1, 2009." This recommendation will be considered by the full BOCC at a meeting in Mount Vernon on November 25th at 2:30 p.m. It very much looks like the late runs are about to become permanent. FGI wishes we could have avoided arriving at this juncture, and we tried taking every step within our power to avoid it. So here we are. Does Skagit County have so little regard for its residents that this is all we get in the form of an explanation? How is this possible, when the County is running a seven figure deficit that is made even worse by the late weeknight runs of the Guemes ferry? How is this possible, when the County has not yet demonstrated, as the Snohomish County Superior Court required, that the late weeknight runs will not have a damaging impact on the island's fragile ecosystem? How is this possible, when FGI's numerous requests for data, for meetings, for the information upon which a reasoned decision about the late runs might be made, have been consistently ignored or denied? Is this a government of, by and for the people? Or is this a small collection of individuals who have decided unilaterally that the processes of government and the respect for citizens are irrelevant? We are shocked, disappointed and dismayed. The failure of the Public Works Department to communicate with the people that they serve is shameful behavior by public servants. It will become even more shameful if the BOCC accepts this recommendation. Now is the time to make one last effort to have our voices be heard. FGI encourages all of its members to tell our Commissioners to listen to their constituents, consider the fiscally responsible course of action, and move forward in a fashion that does not denigrate a fragile island environment. Please call and write to the Commissioners. Tell them not to accept the recommendation for Public Works -- that it is fiscally irresponsible and ill considered when viable alternatives are available but ignored. Every letter will have an impact. Every call counts. And, if at all possible, make every effort to attend the hearing on November 25th to express your views. Our presence at this meeting can still, at this late hour, make an impact. We have one last chance to let the Commissioners understand our opposition to the late runs, and to tell them that their disrespectful and wasteful behavior is unacceptable. Now is the time. Please let your voices be heard. The FGI Board of Directors -11.12.08
The Board of Directors of Friends of Guemes Island... ...(FGI) today attempted to re-open dialogue with the Skagit County Board of County Commissioners (BOCC) concerning the status of late weeknight runs of the Guemes Island ferry. FGI remains opposed to these late ferry runs, and has sought through both discussion with the BOCC and legal action against the county in Superior Court to encourage the county to fully evaluate the environmental impact of late weeknight runs prior to making a final decision to make the runs permanent. The County has now completed a two-year trial period for the late weeknight runs, and is evaluating the data concerning the costs of this operation and the amount of money the county has lost on this venture. Although there is no agreement between the County and the Guemes Island Ferry Committee about how to calculate these losses, regardless of whose numbers are utilized it is clear that the late weeknight runs are losing significant amounts of increasingly limited county taxpayer dollars. (Estimates of the losses range from $71,139 to $221,033.) On August 26th, 2008, FGI wrote the BOCC to request a meeting. Although the BOCC agreed to have FGI meet with Commissioner Don Munks on October 17th, this meeting was cancelled with no reason given. FGI continues to be interested in working amicably with the BOCC to reach a resolution to the question of late weeknight runs, and specifically to explore the option of saving the county money while supporting the clearly established position of the majority of the island residents who are in opposition to late weeknight runs. We have proposed to the BOCC that a satisfactory resolution can be achieved either by: a) eliminating all late weeknight runs of the ferry; or, b) allowing late runs between Memorial and Labor Day, thus limiting to the summer months ferry runs that are more heavily used by seasonal residents and that may have the potential of generating the revenues required to support the late operations. Agreement by the BOCC to enact either of these options would result in FGI discontinuing our legal actions against the county in Superior Court. FGI continues to maintain that year-round late runs will remain in violation of the existing court order until a full Environmental Impact Statement has been completed. Failure by the County to meet the terms of the existing court order could result in further protracted legal actions against the county and further waste of limited taxpayer funds spent fighting a lawsuit brought by the county’s own citizens. For further information, contact: Gary Davis at 360-202-3085 - 10.29.08
FGI Provides Statement at June 16th BOCC Meeting The following statement was provided to the Skagit County Board of County Commissioners at their June 16th meeting, at which they considered a six-month extension of the two-year trial period for late weeknight operations of the Guemes Island ferry: Friends of Guemes Island, and the 75% of registered voters on the island who voted to oppose the extension of weeknight ferry operations past 6:00 p.m., remain steadfastly opposed to the resolution you have just passed to continue this practice, even on a temporary basis. Furthermore, we believe that the action you have just taken is in direct violation of the court order issued in the lawsuit between FGI and the county by the Superior Court in Snohomish County. In his ruling, the judge stated that: We do not believe that the county is in compliance with the terms of this ruling. The Environmental Assessment conducted by the county falls far short of the SEPA compliant review called for by the judge. No rigorous, valid new evidence was collected and analyzed about the issues raised by the To make matters worse, analysis conducted by knowledgeable members of the Guemes Island Ferry Committee continue to suggest that the late operations are causing the ferry budget to hemorrhage resources and are contributing significantly to the county's budget woes and deficit problems. We continue to ask: Why waste valuable and limited taxpayer resources on ferry operations that are potentially destructive to the environment, costly, wasteful, and explicitly not wanted by the county residents it is intended to serve? Is this good government, or profligate spending in a time of severe economic difficulties? The FGI Board of Directors -06.18.08
FGI issues "Voices of the Valley" Op Ed On Sunday, May 25th, the Skagit Valley Herald ran a response from FGI to the Herald's editorial criticizing FGI and others for continuing to challenge the county's failure to recognize the environmental impact of the late weeknight ferry operations. We had requested this Op Ed piece in order to allow for a lengthier response to their editorial than would be permitted in a letter to the editor. We appreciate that the paper accepted our submission.We encourage our members to visit the Herald's website to read our response to the paper's editorializing by clicking on the following link: http://www.goskagit.com/home/article/guemes_ferry_study_defies_judges_order/ The FGI Board of Directors -05.28.08
Skagit County Issues Declaration of Non-Significance It's no great surprise that Skagit County this week issued a formal Declaration of Non-Significance (DNS) for the extended weekday Guemes Island ferry hours. In his ruling last year, Snohomish County Superior Court Judge James Allendoerfer required Skagit County to consider the potential environmental effects of the later runs, particularly with regard to more island development that would threaten our sole-source aquifer. The judge wanted much more homework done on State Environmental Protection Act (SEPA) requirements -- precisely the work that Skagit County first ignored when they started the later runs, and attempted to do in rush (after the late runs had already begun) to prepare for trial when FGI took Skagit County to court. Judge Allendoerfer did not mince words in his ruling last year. He wanted the County to do more inquiry on the Guemes Island water supply, stating "it's been more than ten years since Skagit County has studied the aquifer." So what did Skagit County say in their DNS about the island's water supply? They did no further study of the hydrogeology, but instead blamed the islanders. It's our fault. Saltwater intrusion in wells is "limited to specific locations and due principally to faulty design." This is in spite of the USGS Guemes Island map showing red-marked, salt-affected wells looking like spots on a smallpox patient. It's our fault we have those spots. Does the County admit any responsibility for promoting development with what Judge Allendoerfer termed the later "commuter ferry?" No, "development happens" is the County's mantra. Read their DNS, which is posted on linetime.org, and you will get angry. But in your anger reserve some gratitude for Skagit County being so incompetent as to not do the one thing the Judge asked - study the aquifer. In his decision, Judge Allendoerfer said he would grade the County's homework on this matter. This is why, should the Skagit County Commissioners vote in June to make the two year trial run of late weeknight ferry runs permanent, FGI feels confident in returning to Judge Allendoerfer's court one more time to grade the county's homework and give them a big red NC for "not complete" and have this worthless DNS thrown out. So stay tuned for more information as this saga continues to unfold. And, watch for a notice from FGI about the scheduling of the Board of County Commissioners deliberations on the future of the late weeknight ferry runs. This will likely happen sometime in June. As many of us as is possible should plan on attending that meeting, and letting the Commissioners know exactly what we think, should they once again make the wrong decision. The FGI Board of Directors -05.20.08
FGI Membership Renewals and Board Election Over the next week, each current member of Friends of Guemes Island should receive a U.S. Postal Service mailing from FGI which requests that you do three things: 1. Send written letters to the Skagit County Board of County Commissioners expressing your opposition to the continuation of the late weeknight ferry runs past the end of the two year trial period that concludes on June 30, 2008. As this date approaches, it is extremely important that we remind the Commissioners how strongly the island opposes these late hours. The FGI mailing you will receive includes a sample letter which you can send as is, or use as a basis for your own letter to the Commissioners. Click here to access a copy of this letter from the website, should you not receive the mailing. (Please do NOT email this letter to the Commissioners, but send it by regular US mail. The Commissioners may tend to disregard email communications when considering constituent opinion.) 2. Renew your memberships in FGI. We are dependent on our members and their membership dues not only to continue to support our activities, but also to ensure that we can speak to the County knowing that we have hundreds of dues-paying members standing with us. Dues are annual, so it is time for all of our current members to renew. Individual memberships continue to be $15.00, family memberships remain $25.00. Click here to access a copy of the membership form, in case you do not receive the FGI mailing. 3. Elect a slate of Directors to two-year terms to serve on FGI's board. In addition to Gary Davis, Bob Easton and David Wertheimer, who are willing to continue their board service, Islanders Deb Bear and Dave Wolf also agreed to run for board positions. A ballot form is included in the mailing, but click here to access the ballot should you not receive it. The ballot form includes brief biographies of the candidates. Your timely response to these three important items will be most appreciated. Once you receive the mailing, please respond by returning the ballot with your membership renewal check by the end of April, 2008. Thank you for your continued support! The FGI Board of Directors -04.04.08
FGI Again Challenges Skagit County Once again, FGI is about to challenge Skagit County. On March 19th, FGI will formally present its case to the Western Washington Growth Management Hearings Board. We will outline a series of decisions made by Skagit County related to the well-being of Guemes Island that we believe represent clear violations of Washington State law, specifically the Growth Management Act. We will know in May whether the State of Washington thinks that Skagit County deserves to be found noncompliant with State Law. This will be a very significant determination that, if we prevail, will strengthen our argument about late weeknight ferry runs should we have to return to Superior Court to stop the late runs after the County’s so-called “trial period” ends on June 30th. Sincerely, The FGI Board of Directors
Click on the links below to review the documents: FGI Reply Brief Tables 07-2-0023.pdf FGI Reply Brief Exhibits 07-2-0023.pdf FGI Opening Brief Tables 07-2-0023.pdf FGI Declaration of Gerald Steel 07-2-0023.pdf FGI Declaration of Service 07-2-0023.pdf FGI County Response Brief 07-2-0023.pdf -03.18.08
FGI Testimony at Skagit County Community Workshop on Extended Ferry Hours Good afternoon.
Finally, the FGI report documented these additional adverse impacts:
Although we are pleased that the county is taking the court order seriously – as legally they must – FGI believes that more study is unnecessary. The documentation is clear. Extending weeknight ferry hours – whether to 9:00 or 10:00 p.m., will have irreversible negative effects on this fragile island environment. So, please listen to science, listen to reason and listen to financial concerns. And even if you select to ignore all of these, then at the very least listen to the voice of democracy: End the late night ferry hours that few people here want, that cost too much, and that are destructive to both the island’s environment and way of life. -02.05.08
Peach Foundation Grants $20,000 to Friends of Guemes Island The Board of Directors of Friends of Guemes Island (FGI) is extremely pleased to report that the Seattle-based Peach Foundation has awarded a $20,000 grant to FGI. The purpose of the grant is to bolster FGI’s efforts to preserve the rural character of Guemes Island. This grant represents one of the largest philanthropic gifts ever made to a Guemes Island organization. The Peach Foundation was established with funds from the estate of the late Patsy Bullitt Collins. Patsy was concerned about the fate of the smaller islands of Puget Sound where development creates major risks to both unique environments and island lifestyles, and maintained a great interest in Guemes over the years., “Guemes Island was dear to Patsy’s heart,” said Delphine Haley, a lifelong friend of Patsy’s and an ardent environmentalist. “FGI’s effort to help preserve the integrity of the island is something that she very much would have wanted.” In 2000, Patsy’s gift of $1.5 million to the San Juan Preservation Trust facilitated the purchase and protection of the Demopoulos Marsh on South Shore, now known as the Peach Preserve. Through the current grant to FGI from the Peach Foundation, Patsy’s legacy will continue to reflect the concerns she manifested so clearly throughout her life. The grant, awarded in December of 2007, was provided to help defray the additional costs FGI will encounter in pursuing actions against Skagit County’s decision to extend weeknight ferry hour operations to Guemes Island. This gift will be combined with the hundreds of smaller contributions made to FGI by its many members. FGI is currently active in this work on two fronts: The Western Washington Growth Management Hearings Board and the Snohomish County Superior Court. In a comprehensive filing to the Western Washington State GrowthManagement Hearings Board on November 13th, FGI laid out eleven violations of state law Skagit County has committed over several years that erode the rural character of Guemes Island. FGI is asking that the Growth Management Hearings Board rebuke Skagit County for a pattern of poor land use planning and to force them to comply with the intent of Growth Management—preserving rural areas. Contact: Gary Davis – (360) 202-3085 - 01.05.08
FGI Requests Reprimanding Skagit County Commissioners The Friends of Guemes Island (FGI) called Skagit County to task in a comprehensive filing to the Western Washington State Growth Management Hearings Board on November 13th. This legal petition lays out eleven violations of state law Skagit County has committed over several years that erode the rural character of Guemes Island. FGI is asking that the Growth Management Hearings Board rebuke Skagit County for a pattern of poor land use planning and to force them to comply with the intent of Growth Management—preserving rural areas. The listed violations include numerous attempts to increase island zoning density beyond rural standards, failure to study or protect the island’s water supply (a federally designated sole-source aquifer), extending ferry hours which induce island development, and multiple conflicts with Skagit County’s own Comprehensive Plan. The FGI filing essentially documents the Guemes Island portion of a decades-long assault on undeveloped Skagit County by its own government. State Growth Management law requires counties to protect rural lands by channeling growth to cities and towns, thus stopping sprawl and the resulting wasting of public resources and energy. FGI’s attorney, Gerald Steel, has asked the Growth Management Hearings Board for a finding of invalidity for any provisions of the Comprehensive Plan and Development Regulations that are found not to comply with the Growth Management Act. We will keep you posted on the progress we make on this front in our efforts to preserve the rural character of the island we love. The FGI Board of Directors -11.18.07
Judge Issues Final Order: A Major Victory for Friends of Guemes Island After a protracted delay in the proceedings, Judge James Allendoerfer has issued a final order in the lawsuit brought by FGI against Skagit County to halt the late weeknight runs of the Guemes Island ferry. Although the judge restated his unwillingness to issue the requested injunction to halt the late ferry operations immediately, he ruled unequivocally that the county must conduct a comprehensive environmental review before the two year “trial period” for the late night hours can be extended, even by a single day. In his decision, he wrote: “At the end of the two-year trial period, on June 30th, 2008, the ferry schedule will automatically revert to its former 6:00 p.m. cut-off, and no weekday evening extension will again be considered unless and until there is a new, thorough, and SEPA compliant environmental review, including, among other issues, the probability of induced growth, and the direct and indirect adverse environmental impacts resulting from the same.” (Click here to download the full text of the Judge's decision) The County has consistently maintained that the ferry operations are totally unrelated to growth issues, including the impact to the island’s sole source aquifer and fragile ecosystem. FGI, and anyone who cares about Guemes Island, knows that this position is absurd. In his decision, Judge Allendoerfer resoundingly rejected the county’s contention, and held the County to the standards of the law as written in the Washington State Environmental Policy Act (SEPA). It is remarkable that it has been almost a year and a half since the County extended the weeknight ferry hours, and FGI initiated our legal action against the County. The wheels of justice move slowly, but they do in fact move. Thanks to the generous support of FGI by its hundreds of members, we have been able to raise the funds needed to persist and prevail in this battle, despite the County’s efforts to draw out the proceedings in the hope of bleeding our organization dry. The battle is, however, not over yet. We will need to remain vigilant to ensure that the County now complies with the court’s order, and that they either produce a meaningful and thorough environmental review or shut down the weeknight operations immediately at the end of June. We remain committed to seeing this struggle through to its conclusion.
- 11.13.07
FGI Awaits Final Court Order After a successful two-day trial before the Snohomish County Superior Court in June, Friends of Guemes Island (FGI) and its attorney are developing language for the final court order from Judge James Allendoerfer. This language will be based on the transcript materials from the trial that included the judge’s ruling at the end of the trial. (A copy of the 31-page transcript can be downloaded from FGI’s website by clicking here.) Although FGI was not successful in securing an immediate end to the late weeknight runs of the Guemes Island ferry, the court refuted the county’s longstanding position that the ferry operations are unrelated to the growth of the island’s population and the stability of its fragile aquifer and environment. The court has furthermore required that any extension of weeknight operations beyond the two-year trial period ending June 30th, 2008, cannot be authorized by the county until a comprehensive Environmental Impact Statement has been completed and approved, in compliance with the State Environmental Policy Act. Prior to this ruling, the county had maintained the ferry was exempt from this law, which was established precisely to help protect rural settings such as Guemes Island. FGI is pleased that this legal precedent has been established to prevent the county from making permanent it’s unilateral decision about the future fate of the island we call home. The court has clearly established that no one – not even the Board of County Commissioners – is above the law and can avoid compliance with state statutes. FGI will work to keep its membership and the island’s population informed about the language of the final court order, and any next steps that may be required to ensure the future of our fragile island environment and community. - 08.14.07
Urgent Action Request for FGI Members In the July 28th Skagit Valley Herald, there is an interesting and important article about the late weeknight hours of the Guemes ferry. For the first time, in print, two County Commissioners are openly discussing the possibility of eliminating the late runs, based on costs and utilization. You can read the full article on line by going to the following link: http://www.goskagit.com/index.php/news/article/county_looks_ This is potentially a very exciting development, as it may be that the Board of County Commissioners is testing the water on eliminating the weeknight hours prior to the conclusion of the two year trial period. FGI encourages its members, as individual citizens, to write to the County Commissioners as soon as possible to provide input into their discussions of the ferry operations. It is easy to write to the Commissioners by email. They can be reached at: commissioners@co.skagit.wa.us From FGI's perspective, we believe the following points are critical to raise: 1. We are pleased to read that the County Commissioners are engaging in open dialogue about the late weeknight ferry operations, which have consistently been underutilized and lost money from their inception. 2. The data that has been generated by the County about the costs of the late weeknight runs is incomplete and unreliable, and must be considered in light of the more thorough analysis that has been completed by the Guemes Island Ferry Committee. This more accurate data shows a far greater financial loss to the county for the late runs than the county's own sources have been able to measure. 3. Guemes Islanders have consistently voted, by either majority or supermajority, against the late weeknight runs. The island has been clear about its wishes on this matter. Compromise positions, such as runs until 8:00 p.m., are unacceptable. 4. The Commissioners should vote, as soon as possible, to end the costly, wasteful, and undesired late weeknight runs of the ferry. Such a decision would not only be in the interests of Guemes Island, but in the interests of the entire county, which can ill afford to be spending limited tax dollars or a service that is neither needed, desired or self-supporting. This is a great opportunity for the County Commissioners to hear, once again, from us as individual citizens, residents and taxpayers. We're quite confident that the minority of islanders who favor the late weeknight runs will make loud protests about the Commissioners even considering elimination of the late weeknight runs. It is important for the Commissioners to hear from us as well. All the best, The FGI Board of Directors - 07.30.07
FGI Provides Feedback on Guemes Subarea Plan First of all, as President of Friends of Guemes Island, I want to thank the members of GIPAC for your hard work to produce this draft plan. It is a much more detailed discussion about Guemes than anything before incorporated into Skagit County's Comprehensive Plan. You are particularly to be complimented for sticking with a multi-year project in the absence of any meaningful County funding, and persisting in your vision as people came and went from your committee. Both GIPAC and FGI share a common affection for this shingle of sand, gravel, and clay we live upon. Both of our groups have been working in our own ways to preserve what we love about Guemes, its rural character and peculiar isolation from the rest of the county. FGI has, of course, legally confronted the County Commissioners for extending the weekday late ferry runs, which if left in place would constitute commuter ferry access and profoundly compromise those very qualities we all hold dear about Guemes Island. As defined in state law (RCW 36.70A.130(1)(d), when counties in Washington State adopt development regulations to implement Subarea Plans, the regulations must be consistent with and implement the Subarea Plan itself. This means that the first and foremost use of the Guemes Subarea Plan is to control the content of local development regulations that directly govern the future uses of this island. FGI believes that one of the most important issues is the need to use directive language in the Subarea Plan, as in "the County shall perform...," rather than using "should perform." The directive language change has more than grammatical and stylistic merit; it will provide a much firmer legal basis for holding the County to account than suggestive verbs, should the Subarea Plan and Comprehensive Plan be referenced by State agencies or entered into evidence in court. And, of course, as the real teeth of County land use controls will come in the form of zoning and land use ordinances, it will be critical to seek to inform these ordinances with the language contained in the Comprehensive/Subarea Plan. The stronger and clearer we are in the Guemes Subarea Plan, the better for all of us. Of the 112 proposed subarea policies, 67 are, in the current language of the report, wholly unenforceable due to use of qualifying or permissive language. This includes words such as “should,” “shall be encouraged,” “discouraged,” “needs to be,” “voluntary,” “where feasible,” “preferred method,” or “pursue opportunities.” These policies have no value to those concerned about the future of our island, precisely because they have no legal authority and can therefore be ignored by the County, the Growth Management Hearing Board and the Courts. For example, FGI strongly supports adding much more strength to the language in the report for Policy #6.11, pertaining to late operations of the weeknight ferry service. We would suggest the following substitutions for the current language of the draft Subarea Plan: 6.11 When evaluating major changes in ferry operations or schedules, including the current extended ferry hours demonstration project, the County shall include the following factors: 1. A rural level of service (LOS) ferry standard for Guemes Island developed by the Regional Transportation Planning Organization. 2. An assessment of the potential impacts on Anacortes and Guemes Island, including costs, congestion, impacts on night time traffic, noise and glare on affected residential streets, traffic shifts, parking, and induced population and housing growth, and effects on critical areas, the rural character and the social fabric of the island community. And: The County shall discontinue the current demonstration project extending ferry hours on September 3, 2007, and due to growth inducing impacts to the island, avoid extension of ferry hours beyond 6:00 p.m. Monday through Thursday in the future. FGI recognizes that our mission requires us to address issues that reach far beyond the question of extended ferry service. As a result, FGI has numerous other recommendations related to the Subarea Plan that will be submitted to GIPAC prior to the July 8th deadline. Some of these relate to existing recommendations that FGI believes must be strengthened; others are areas for recommendations that are not currently addressed in the draft plan. These include: * Land Use (Guemes Island CaRD development restrictions) FGI’s positions on these matters is governed by our mission and vision, which we believe reflects the views of more than 200 individuals and families who are paid members of FGI. FGI strongly encourages revisions to the Subarea Plan that reflect this group of islanders’ desire that we must carefully manage growth, and the conviction that those of us who live, work, and play here on the island must have a say in determining what happens here. Given our long history of mistrust and frustrations with the Skagit County and other opponents that has been well documented over the years, FGI believes that the language of the Subarea Plan must be clear, forceful, and as legally binding as language allows. The current draft of the plan does not yet achieve this standard, but we believe that with a modest amount of editing and the elimination of permissive language that would continue to allow the county to do whatever it pleases on Guemes Island, together we can create a plan that sends a clear message to the county about our vision for the future of this magnificent gem of an island, our home. - 07.02.07
Update from Court We are pleased to report significant progress in the efforts of FGI to halt the late weeknight ferry runs to Guemes Island. On Friday, June 15, Snohomish County Superior Court Judge James Allendoerfer ruled in the matter of FGI v. Skagit County. Although he did not issue the immediate injunction to halt the late hours that FGI had requested, he ensured that there would be no permanent extension of the Guemes ferry's hours of operation after the county's current "two-year trial period" without first completing an extensive analysis of the environmental impacts such an action will have. In a reading of his findings that lasted more than an hour, the judge Despite what you may read in less than objective accounts of the court proceedings in the local media, this decision represents a major victory for FGI. The relationship between the ferry and development of the island can no longer be denied or ignored by the county. Although we may, at worst, need to wait another year before the late weeknight hours end, we are hopeful the county will see the wisdom of stopping the harmful and wasteful runs long before next summer. This means that our job is not yet over. We encourage every Friend of Guemes to join us in a number of important next steps. We ask each of you to: * Contact the Skagit County Commissioners and ask them to Stop the extended
weeknight ferry operations immediately In addition, FGI will continue to develop a strategy to deal with the Although we are not yet requesting additional financial support from our members, please be prepared to receive and respond to such a request in the near future. As we sort out our legal bills, we will know precisely how much more we need to raise to continue our efforts to maintain the rural character of the island we have all come to love. Thank you, The FGI Board of Directors - 06.17.07
FGI News from Court Dear Friends of Guemes Island, Attorney Gerald Steel represented Friends of Guemes Island with great skill, passion and thoroughness during our two-day trial last Thursday and Friday. The expert we hired, Barbara Rudge, was an extraordinary witness on our behalf and spent hours on the stand testifying effectively to the the multitude of negative impacts that the late ferry runs will have on our island and gave credible examples to substantiate her claims. Glen Veal skillfully refuted the County's DNS (Determination of Non
Significance) and provided extensive testimony that was unassailable. Judge
James Allendoefer listened to all deliberations very carefully, and
seemingly without prejudice. The County attorney, A. O. Denny, called no
witnesses and offered no defense. If Judge Allendoerfer decides in our favor
it will be due to efforts made by these people and to them we owe our We had quite a showing of people in the court room on both days and I can't help but think that the judge was impressed with our concern. Tim Rosenhan attended the first day of the hearing and wrote up a commentary for LineTime.org. I hope all of you take time to read it. As we await the Judge's decision, due Friday, June 15 at 1:30 PM, I'm proud to share with all of you that I'm confident that we did our best and regardless of the outcome, that is all Guemes has ever asked of any of us. I'm exhausted but happy. Thanks to all of the Friends of Guemes Island for giving us, your board of directors, the support we needed to do this. Gary Davis - 6.10.07
This is it! Dear Friends of Guemes Island: We are pleased to report that FGI will finally have its days in court at 9:00 a.m. on June 7th and 8th, 2007. After rejecting Skagit County’s unreasonable requests for further delays in the proceedings, Snohomish County Superior Court Judge James Allendoerfer set the trial date for FGI’s case challenging Skagit County’s decision to extend the weeknight operations of the Guemes Island ferry without conducting proper environmental review as required by the State Environmental Policy Act. We encourage any members of FGI who are available to attend the trial. The case will be heard at the Snohomish County Courthouse, 3000 Rockefeller (in downtown Everett), on the 5th Floor, Department 9. We need to let the court see clearly how significant an issue this is for Guemes Islanders. FGI Board member Bob Easton is coordinating carpools to the courthouse, so if you are interested in providing or sharing a ride, please call him at 360-299-0570. In addition, don’t miss the visit to the island by the Skagit County Board of County Commissioners at 7:00 p.m. on June 1st at the Community Hall. They are coming specifically to discuss the ferry issues before the court date the following week. This gathering provides yet one more opportunity to let the county know precisely what we think of their decision to waste our money, jeopardize our environment and provide a service that 75% of the islanders don’t want. Please make every effort to attend and let the Commissioners hear from you! With thanks for your continuing support, The FGI Board of Directors - 5.29.07
FGI Plans for June Days in Court After a painfully long silence, we think Skagit County has made its position clear: It appears that the County has no intention of negotiating in good faith with FGI to address the issue of late weeknight ferry runs. After our first three victories in court and before the Examiner, FGI met with the County Commissioners to explain why it was time for them to eliminate the late weeknight ferry runs. Despite the fact that the Judge James Allendoerfer has consistently ruled in FGI’s favor, and despite the reality that the ferry continues to hemorrhage resources, the Commissioners were not willing to take any action. Our attorney, Gerald Steel, attempted to engage the Skagit County Prosecuting Attorney’s Office in settlement negotiations that could have avoided a legal battle. The County’s lawyers have not yet made what FGI considers a serious settlement offer, preferring to string us along with unreasonable requests to continue late night runs indefinitely while engaging the island in a protracted effort to “build consensus” about ferry operations. It appears that we cannot resolve the matter without the intervention of Snohomish County Superior Court (where our case was initially heard), and so we were left with no alternative but to seek dates for a formal trial. The court has initially responded to our request, suggesting that we will have our “days in court” on June 7th and 8th. (The final date is not yet fully resolved and it is possible that our court days will be delayed another month or two.) We have tried to be reasonable. Although we regret that it has taken this long to get to this point in the process, we believe we were correct to seek to resolve this matter in the most efficient, least expensive and most expeditious fashion. So far our settlement efforts have not succeeded, despite significant changes in leadership among the County Commissioners and the Prosecuting Attorney that we had hoped would help the County come to its senses without having to be dragged in front of a judge. FGI’s attorney is now preparing for what is anticipated to be a two-day trial in front of Snohomish County Judge James Allendoerfer. We will be filing papers and taking other steps in the legal process to clarify why we believe that the county acted unlawfully in extending weeknight ferry hours without complying with the requirements of the State Environmental Policy Act (SEPA). In seeking to compel the county to recognize that the authority of County Commissioners cannot overrule existing state statutes, we will seek to obtain an order from the court to require Skagit County to desist in extending weeknight operating hours for the ferry until they can satisfactorily demonstrate that they have met both the letter and the spirit of the law, which they have thus far refused to do. We truly believe that that we will win this struggle. The FGI Board of Directors - 4.23.07
Dear Friends of Guemes Island After we sent our email to you yesterday, Win Anderson (Editor of the Evening Star) was kind enough to contact us to let us know that questions had been raised about the numbers he had published related to use of the weeknight ferry service. The numbers appear to be in error. The degree of the error may be fairly significant. Because the County never established an acceptable standard for monitoring ferry use and documenting information related specifically to the weeknight runs, it is difficult at the present time to determine exactly what the utilization has been on Monday through Thursday evenings. Before sending out information to correct this mistake, we will wait for the Ferry Committee and the County to try to agree on how to interpret the data that is available. We apologize for having reported information that may not be correct, and will notify our members once there is a better sense of the real numbers. The FGI Board of Directors - 2.4.07
Greetings to Friends of Guemes Island We are writing to keep you up to date on our continued effort to terminate the weeknight extension of the Guemes Ferry schedule. As you know, last year, FGI’s lawsuit against the County won the first round before Snohomish County Judge Allendoerfer, when the judge ruled that the County’s ferry schedule extension had failed to comply with environmental laws under the State Environmental Policy Act (“SEPA”). Subsequently, the Skagit County Hearing Examiner ruled that they did not have jurisdiction over the case, sending it back to Judge Allendoerfer for a SEPA evidentiary hearing on whether the ferry schedule extension must be terminated. We have no intention of abandoning the lawsuit when it’s clear that we are winning. However, the November election led to changes in political leadership at the county level, and we believe that an environment may be returning in which rational discussion of the ferry schedule is feasible. To that end, Friends of Guemes Island has entered settlement negotiations with Skagit County to see if our lawsuit can be settled to the benefit of all residents of Skagit County. Data from the U.S. Coast Guard provides further evidence to support ending the wasteful late weeknight runs of the ferry. According to the February issue of The Evening Star, the Coast Guard reports that a scant 185 vehicles were transported to Guemes between 7 and 10 p.m. on Monday through Thursday between July and December of 2006. That is 31 cars each month. Assuming two passengers per car paying full fare, that means $1,665 in revenue over six months. When you compare that to the $100,000 the County Auditor reported it will cost for the late runs each year, the folly of the late night ferry becomes all too painfully clear. It’s time to stop wasting taxpayer funds on a service most of us don’t want anyway! We will continue to keep you updated on FGI’s progress!The FGI Board of Directors - 2.3.07
Happy New Year from Friends of Guemes Island! The changes brought by the November 2006 elections offer a unique The FGI Board of Directors - 1.8.07 |
Your membership fee will help FGI to fulfill its mission and champion issues and causes important to you and to the Guemes Island community. |
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Visit LineTime.org for information on Guemes Island and its community. |
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Updated -05.23.09 |
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Used with permission. If you'd like to see more of Milt's work, follow the link below. 
