Monday, March 3, 2014

It's Development-Specific Stupid

On March 5, this Council will approve yet another CAO. Like all the other CAO messes, this latest snafu will buffer wetlands and other critical areas instead of buffering/mitigating the development effects that purportedly threaten critical areas. Instead of basing mitigation on the scale of proposed development effects, CAO restrictions will be based on a subjective ranking of your undeveloped areas.

It's backwards. It always has been backwards, and as long as critical areas themselves, rather than development effects, are the stuff of buffers and restrictions, there will never be nexus and proportionality. In the last CAO, the County took great pride in claiming that they had derived "site-specific buffers." The fatal defect, however, was that they did not derive "development-specific buffers." All the factors necessary to derive a County-specified buffer are present on any piece of property whether one builds a garden shed, a lead smelter, the Empire State Building ... or nothing at all. Buffer imposition is triggered by development, but not related to its effects in any way.

Nothing has changed. In the March 5 CAO, once again buffers are triggered by development, but not related to development impacts.

And this strange fact leads Councilman Hughes on the same search as that of his predecessor, Councilman Fralick ... looking for any weasely way to find some justifiable paradox that will allow Eastsound (and other urban growth areas, but mainly Eastsound) to have smaller buffers. Hughes wants the critical areas of more developed areas to be buffered less than rural areas ... and he lives quite comfortably with this desire even though it would undermine the "buffer protection" logic of someone more perspicacious.


  1. Anyone who owns a piece of property, particularly on the shoreline, should attend the public hearing Wednesday (tomorrow) at 9 am in council chambers. Ag community beware, too. Hughes is under the mistaken opinion that the council will be able to "fix" the CAO, after the Growth Board finds the CAO in compliance. Do you really think the Friends and their friends will let that happen? Dah!

  2. "Perspicacious?"

    Using some pretty fancy words there.

    Why not use a word Rick might understand?

    discerning, shrewd, perceptive, astute, penetrating, observant, sharp-witted, sharp, smart, alert, clear-sighted, farsighted, acute, clever, canny, intelligent, insightful, wise, sage, sensitive, intuitive, understanding, aware, discriminating

  3. Has Jarman contributed anything positive during this whole CAO kerfuffle? He tends to mumble about not being "comfortable" with this or that, but seems incapable of getting anything done. And, he seems to be very impressed with his own sense of humor. Watching the video, he mumbles something, and then cuts loose with a big laugh. The "aw shucks, good 'ol boy, I know where every telephone line in the county is buried" schtick is not really helping us.

  4. Rick?? Understand? No, he is blinded by protecting his little cabal. What they don't understand is that Eastsound will be a ghost town in 3-5 years after this is enacted. Why? You say. Well when all the worker bees are eleminated from the land then who will be left to work the stores they own?? Support the community and stop this now! Or, fail due to the lack of a community, when the FOSJ eleminates it once the CAO is enacted. Step up to the plate Rick, or go down with the rest of us. That is your ultimate decision tomorrow. I know you don't have the brains to do what's right. So your failure is on YOU.

  5. If Kiev can "Just Say No" why can't our Clowncil?

    We seem to fear lawsuits from the Friends and state saber rattling of grants cutoff as if they were Moscow threatening to invade the Ukraine and shut off the gas pipelines to Europe!

    Frankly right now I think that scenario is more likely than the state shutting off all funding streams to San Juan County or even more laughably, taking the ferries off line until we sober up.

    I won't even begin to ponder how the Friends stack up. Perhaps they see no need to invade, just yet. Let them consolidate around the CAO like the Russians in Crimea, and then watch what happens next.

    Give me a break!

    By the way, this TH article is once again very clear. This CAO was not legislated with nexus and proportionality in mind.

    That's illegal. The prosecuting attorney is trying to say no problem, nexus and proportionality aren't even an issue here. Their response brief is a little thick and shrill and you will be hearing a lot more about this I am sure. They're arguments are weak.

    We will see.

  6. Our county is being poisoned from toxic runoff from grant money.

  7. Right up there with the enforcement ordinance, what the hell the county is on a roll, over citizenship anyhow.
    Fuck everyone get me into the cities.

  8. I just wonder what they are all on the take for

  9. @9:46

    I agree with @11:04. Rick wouldn't understand no matter what word was used. His mind is a wasteland. It's Detroit without the glitter.

  10. Municipal attorneys like planners have no belief in constitutional protections, trend in this area is very much pro fascist government regulation over freedom.
    Shocking how easily what you think is protected is quickly dissolved at the hand of so few.
    None of the regulatory deliberation processes include reason in favor of nexus and proportionality
    What does that say for the adults in a community, so ready to bully and pillage your neighbors and mine. What do we have to do to rid ourselves of this character? Or is America the free a big fat joke that only existed in the eyes of our grandfathers.

  11. There's no "fixing" the CAO--it's a delusion that Hughes apparently entertains so he doesn't have to do any work now. Or he's smarter than that and is shoveling BS. Either way, he's not earning that $75,000 paycheck.

    Just wait until the farmers wake up to the restrictions on their land. But should we feel sorry for any one who hasn't been following these issues? Some of us are tired of fighting alone and are beginning to think that the people of the county deserve what they get from this county government. Others think that it's impossible for the average joe to keep track of all these helpful proposals because joe (and jane) are ou there working to support their families.

  12. And that 5:45 is why we need a County Council of one YOUNG tech person, one YOUNG family farm person, and one YOUNG government geek. (If Gordy had not really fucked things up we could have had room for an older experienced finance person and a personnel specialist.)

    These are the kind of people who can and will burn through the nincompoop DOE, FOSJ and their camp followers. We need youth and vigor and smart people...not these paycheck collecting drones and those ready for a gathering of people in black.

    As to 9:46; I'd get down on my knees and do a deep nod if even two of those words you picked could fit with Mr. Hughes. "Hamburger" would be perfect.

  13. Doctor: "I need to prepare you. It's very bad. He was without oxygen for 12 minutes before we were able to bring him back"

    "Oh dear Lord. What does that mean?"

    "Well, the brain will essentially continue to operate basic motor functions but logic, thought and any hope of cognative ability is gone"

    "Are you saying brain dead?"


    "Is there any hope for a future?"

    "Well, in this state, your options are limited. Very limited. We are taking maybe being relegated to a life as a Utility Manager"

    "Oh NO! Say it isn't so?! Is there any hope they could become a planner or politician?"

    "We would have to remove them from oxygen for another 4 minutes to get those results".

  14. This council is an example of how totally the FOSJ (Full Of Shit Jackasses) have taken over local politics and law making.

  15. What Lisa and Lovel would have done out of ideology, Rick has done out of incurable ignorance, and Bob has done out of terminal befuddledness. Their signatures will be on this forever. It doesn't matter what else they do. This is how they will be remembered. When Rick's business goes under in a few years time, this will be the reason, but I doubt he will get it even then. We have all wasted our time on these shameful backstabbing dunces. They deserve nothing but scorn and contempt.

  16. Don't worry, in a few years the wanna-be-men of Lopez and their ball-gag gimps will lockstep together and vote in a bunch of FOSJ stoolies so at least we'll all know exactly where they stand and what to expect.
    And what will we all get?
    MORE Planners! Yes!
    To plan the future demise of San Juan County and its geriatric herd that's declining in population faster than Mogadishu.
    Let me predict the immediate future...the CAO will pass with a resounding roar of approval from a council chamber filled with FOSJ zombies, and perhaps two people from CAPR...speeking of which, have they lost in spectacular fashion again yet? I'm sure it's coming soon if not.

  17. Live blogging the Council hearing:

    Janet Alderton, in classic Valley Girl uptalk, warns that there are CHEMICALS in the United States and therefore - - something, not sure what it is except bigger buffers.

    Dave Cable--notes far-reaching effects of CAO esp. on economy. Points out that after 10 years the CDP has not yet designated which areas are critical. [Seems pretty basic to let people know where critical areas are so they know how to proceed. Instead, Council is allowing CDP to make up rules as it goes along.]

    Mike Carlson--county has never identified problem and has never made rule commensurate with identified problem. Dividing community and sucking tax funds. Meyer study has been completely undermined. Planning Commission recommendation talked about provisions to protect ag revival but County is going to cut off new or expanded ag activity.

  18. Live blogging:

    Candace, ARC member, notes concern about Council caving to newly CDP restrictions on agriculture. She is in despair of impact of conditional use requirements. Wants council to take step back and allow ag reps to consider this to prevent the death of ag by a thousand cuts.

    Hughes argues that AS APPLIED it won't be a problem. Candace points out concrete problems. Jamie asks via telephone (where IS Jamie??) whether she's happy with existing rules.

    Peggy Bill of ARC says ARC worked really hard and made comments and had their work thrown out by CDP (and Council). Ag activity will now have to be treated like all development, which is going backwards. Condition and provisional use permits will be required for lots of activity.

  19. It won't be a problem as-applied? How the hell can Hughes say such a stupid thing? The FOSJ exist to make people's lives a living hell as-applied. That's their game.

    The ARC had all their comments thrown out? Welcome to the club, ARC.

  20. Peggy Bill--CAO goes to far and ag people are very angry. Says that Land Bank is merely trying to fence off streams to protect water but are being told that fences are development.

    Hughes is "clarifying for record" that ag expansion in critical area is not ideal. Hughes is being schooled on the difference between what the rule says and what HE thinks it says.
    Jamie claims that existing rules will continue unchanged for ag. [Neither Hughes nor Stephens seem to understand the difference between what staff told them the language means and what the language MEANS. We all read it to burden ag, but council doesn't. I guess council will be there to argue on each issue that arises.]

    Where is Jamie? Anyone know why he can't show up for arguably the most important council meeting this year.

  21. Jane Cable points out the obvious: no one understands the proposed CAO. No one can read and know. Everything is going to be decided by the director. Jane doesn't understand what they are trying to do; she doesn;t think that COuncil knows what they are trying to do. Hughes takes umbrage.

  22. Stephanie Buffum: she thinks that Council understands what it is doing. COmmends staff for their work. Stephanie thinks that CUPs and PUPs are "opportunities" for farmers to do what they need to do. [Stephanie has a full-time lawyer that someone else pays for. Farmers, not so much.]

  23. Kyle Loring: the aforesaid paid for lawyer loves the changes. Surprise. even he thinks that there are still problems. Kyle predicts what his buddies at the Growth Board will do. [wait--if KYLE thinks there are still problems with this new CAO, why are we launching forward?]

    Kyle again goes over time because the Friends are allowed to go over time--they are SPECIAL.

  24. Hughes and Stephens seem to be saying what Shireene Hale said from the very beginning--you can keep doing what you're doing. If so, why is the language changed?

    Do you trust the CDPD to help and guide you and the Friends not to interfere? If so, this CAO is no problem.

  25. @10:20

    The idiotic aspect of their viewpoint, especially about agriculture, is that it changes ALL the time. It depends how "keep on doing what you're doing" is interpreted because no one engaged in any kind of productive, enjoyable, fruitful endeavors "keeps doing what they are doing." Piles are moved, wood is cut, animals are moved. Doing things REQUIRES change.

    They just don't get it. They are shutting the county down and handing it over to the Friends.

  26. Council calls time out [to consult with staff?] and comes back to have Thomas recite all the answers. Thomas believes that it all comes down to implementation--relying on staff to work with citizens. That works so well, doesn't it?

  27. @10:28

    They have a party line and unmovable position, and that's all there is to it. Thanks for everyone's input. We look forward to ignoring you again in the years to come.

  28. Jamie says something but can't be heard well. Where IS he?

    Bob points out the basic issues that remain--the new rule still makes it very difficult to use their property. No problem identified and so burdensome solutions aren't related to any problem. Going to make it difficult and expensive for ordinary citizens to use their property.
    Too complicated to understand. Too much discretion in Director. Why do we even have "tree protection"? [Good question--ask Shireene.]

  29. Hughes now claims that they have no obligation to clean up the new CAO but just to respond to the Growth Board. He seems not to understand that the Council response to the Growth Board must be coherent and logical.

    Hughes seems to think that council must DO something today. Why? What can happen? Why didn't council appeal from the Growth Board demands?

    Oh good, let's go back into the weeds.

    WHAT? Council is planning to come back later to FIX this mess? Are they crazy??

  30. Well Rick really wants to do something today but he says he isn't sure quite what. Right.

    Anyway, where is Jamie? Is this a little irregular, his big televised face staring down like Big Brother. What if the other council critters decided they wanted to phone it in as well. Is that a quorum is it even legal? This is truly wierd.

  31. Talking about ag limitations again, how the farm plan will become the "key to the door that will open many ag exemptions." Assuming an voluntary steward program is in place with more money of course to administrate it.

    Now what one little fiefdom have we here that holds those fun filled farm plan keys to your "right to plant stuff"?

    The Conservation District of course. Remember them? Sure you do. Bwahahaha

  32. Thanks for the live blog. Centurylink screwed up my DSL yesterday and I can't live stream video over cellular.
    Anyway, Hughes seems to be defending this dog turd. Why?

  33. There's been a little complication with my complication

    - Brazil

  34. Jamie is at some friends house and plans to raid their refrigerator. So that is good to know.

    Rick is the chair so he likes to play the role and believes he has an agenda to get done. He also gets to decide when to call a one hour lunch break because he needs to go off and think things through. Since he already said he does not not know what to do, he needs some time now (one hour) to go touch base with the folks who will tell him what to do.

    When he returns, will he be Mr. Decision Man?

  35. It is an easy decision for a politician. Path A: "Do the right thing, say FU to the GMBH, start over and protect the citizens." or Path B: "Approve this sucker today, apply for some more grants, and move on to SMP where we can take away more land from the people".
    Jamie, B. Rick, B. Bob, "I'm uncomfortable, B !

  36. How do I know if my "development" is within 1000 feet of a Peregrine Falcon nest?

  37. AP Seattle: March 5 2014

    "San Juan County today passed what will widely be considered the most restrictive and onerous land use regulations in the United States.

    The Special UN Envoy for Human Habitation praised the County Council for its foresight and perseverance in advancing the goals of Agenda21. He said, "San Juan County has shown the world that the evils of private property need never again hinder the quest for climate justice and whirled peas!"

  38. @11:55

    What a funny question. Of course you are, and if not, you're in critical habitat for red rumped picklewort amphibian weed.

  39. Staff trying to mollify Bob, Bob is pushing back. Rick is frustrated, he really wants 'concensus.' Jaime glowering down from a big screen.

    Staff basically comes out and says oh you poor thing, you must be so confused, it is true these regulations are so complex only planners who live and breathe this stuff 24/7 believe they understand them. And, hey, its pretty easy, come on over we'll give you a slice of Shirene's famous Marionberry pie and a cuppa and we'll just skip through this. But you must pass this today blah mumble burble ..."

    Bob. Bob: Just Say No. The Hairball from Hell.

    Bob just said he would not vote for this, at least I think so ...

  40. Of course it is easy! Just don't do anything, current or future, within 300 feet of every wet spot in the County! What is so hard about that!

  41. Of course it is easy! Just don't do anything, current or future, within 300 feet of every wet spot in the County! What is so hard about that!

  42. Bob votes 'Nay'

    Good for Bob.

    As a gesture, Bob actually made the motion for this thing knowing it would pass anyway, but he did it in a humorous way saying he didn't want Rick to have a heart attack. Chuckles all around.

    Now, Rick wants the council to draft a resolution to lay out the road-map for the "fix-it job" he wants to press on next.

    End of session.

    Want something in this resolution? This might be fun. The Friends may entertain a modest proposal or two.

    My brain hurts.

  43. These simpletons couldn't fix anything. They don't know how. Besides, there is no pressure to fix anything unless the courts force them to. They'll move on to other non-priorities and never come back to it unless they have to. Hughes should have a heart attack about this. I don't feel sorry for him one bit, I wish Bob had made it as painful as possible for him.

  44. Oh no. Linda is going to talk upspeak for hours now. Nails on chalkboard.

    She says if previously cleared, it's ok to use--but I think she said in the past year?? Bob asks details. Yes, she says it has to have been used in the previous year.

  45. Rick no longer represents the people who elected him. He represents the staff, and the State.

    His job was to protect us, not sell us out.


  46. What? Rick Hughes thinks that he's going to take back the CAO and fix it NOW?? Could anything be dumber than that? Why not pretend that it's all peachy like Jamie does? Because staff will not EVER let them take it up again. And if council were to try, the prosecuting attorney would tell them they can't because there's litigation--and there will be litigation. The right thing to do --the smart and brave thing to do--would have been to man up and start paying attention back in the winter council days.

    Good for Bob. And why was Jamie missing?

  47. Rick you ignorant slut. You made people think you would do the smart thing for the people of this county. With this lie you got elected. You, Patty Miller, and Richard Fralic screwed the people of this county. I will never spend another dime in your drug store, mail order will do just fine. I will not be able to shop at the other stores in your building as well. Your bad for everyone.

  48. I find it interesting that the San Juan County Noxious Weed Control Program, (in addition to the fact that the county has a "weed control" program at all) sent a flyer with my property tax bill recommending "For chemical control, apply glyphosate (e.g. Roundup) carefully with ....." I guess it's OK if it's outside the 300?' wetland protection... Hmmmm, the environmentally strictest CAO in the US recommending glyphosate.... Oh yeah, to kill that scary poison hemlock that's potentially will cause birth defects in children. Roundup won't?!

  49. Wow, seriously well formulated and well written, You have the gift.