Saturday, February 15, 2014

Exposure Is Everything

There is a parable about a man walking down a road and repeatedly falling in a hole. He tries to avoid the hole, but his efforts are fruitless. He tries to patch the hole ... he tries to put up barricades to avoid the hole ... he tries to put planks over the hole so he can safely cross ... nothing works ... he falls in every time. In his frustration, he pleads to a friend, "What can I do to stop falling in the hole?!?"

His friend tells him, "Take another road without a hole."

This could be a parable about the CAOs. The County continues to fall in the same hole every time. The latest 78-page draft of the CAOs is no different from any previous approach. Like all previous Councils, this Council just doesn't get it. They don't understand "protection." They don't understand "risk." They are trying to follow what they believe are State mandates. They timidly react to every letter from the Department of Ecology as if they were in the presence of the burning bush.

Protection is inextricably linked to an exposure scenario. Football helmets provide protection during a football game, but they offer no protection if you wear them at a cocktail party. The risk of getting bonked on the head at a cocktail party is de minimis anyway, so the extra cost of wearing a football helmet is wasted. For the same reason, you would be foolish to undergo chemo therapy just because you might be afraid of cancer ... or just because you might have been exposed to de minimis levels of carcinogens. The cost and side effects are high whereas the benefits are non-existent.

We have a 78-page CAO that explains in great detail how to wear a football helmet at a cocktail party. It tells us what color the helmet should be ... how thick it should be ... what the internal padding should be ... how the chinstrap should be worn ... and on and on. It references Best Available Science (BAS) by experts who proclaim that football helmets prevent concussions. The Friends and their allies at the State say that, without the biggest football helmets in the universe, our risk of dying from a concussion is extremely high.

No. The absence of a "protective" measure (i.e., a helmet) does not create risk. Risk arises from our behavior and ambient factors (i.e., cocktail party versus football game). The absence of a remedy may fail to mitigate risk, but the absence of a remedy does not "create" risk.

Regarding the CAOs, we occasionally hear public officials say, "Tell us what needs to be fixed and we will fix it." To those officials, listen carefully ... it is unfixable because you have chosen the wrong path. If you do not first evaluate exposure scenarios, it is pointless to prescribe a remedy.

The perennial complaints about the CAOs fall in the following general categories:
  1. The County is imposing protective measures without providing county-specific evidence of an exposure scenario justifying those measures.
  2. The State and County habitually (and erroneously) say we are in a high-risk situation only because of the absence of their favorite purported "protections," not because there is any evidence that our behavior is creating an exposure scenario with excess risk.
  3. The "protections" being foisted upon us, land use restrictions, would not be protective anyway. If we did find ourselves in a high-risk exposure scenario, land use restrictions would be the least effective way of mitigating the risk. Other, less-costly remedies would likely be vastly more effective.
If there is a fix, our CAOs should simply say, "We will develop and implement site-specific remedies to mitigate excess risk related to critical areas, commensurate with our ability to measure such risk and directly link site-specific development activities as the cause."

Unless our public officials can get some simple concepts through their thick heads, we will always find ourselves in the same hole.

Monday, February 10, 2014

Deja Vu All Over Again

Tomorrow morning (February 11, 2014) at 9:15, the County Council will take public comment on the latest draft of the CAOs. This Council has decided to go forward by going backwards ... in all senses of that word. This Council has decided to proceed with yet another new CAO despite still-pending litigation on the last version.

This Council's CAO work has been so unoriginal that they haven't even mustered the creativity to make their own mistakes. They are recycling a CAO framework first thought up, and then rejected, by Shireene Hale and the previous Council years ago. It's not simpler. It's not better. It's not newer.

The new old version is currently planned for enactment by the end of March.


Sunday, February 9, 2014

The Story No One Covers

There is a culture of government corruption in these islands, and its meme carries with it a narrative that says, "Give us money or else we'll all die." We've seen this meme at work when it comes to phony environmental "protection." It also seems to be at play with some of our police, safety, and fire departments on occasion. They're willing to save us, as long as they get lots of cash up front.

While attention has been focused on the San Juan Christmas hayride, some strange incidents also are being talked about on Orcas, where the nephew of Randy Gaylord, Kevin O'Brien, is Chief of the Orcas Fire Department. Orcasites approved a controversial levy several years ago that was advertised as necessary for capital infrastructure (another new firehouse and new fire-fighting equipment), only to have Chief O'Brien recently reallocate those funds to payroll, including creating new paid positions, including a new, highly-paid deputy. Now the "temporary" levy is up for renewal, and the Chief is claiming that if it is not renewed, services will have to be cut. These events have occurred against a backdrop of many rumors of bad behavior by the Orcas Fire Department ... everything from having dinner flown in from Bellingham ... to staff using the Fire Department washing machines as their personal publicly funded laundromat.

New questions have arisen about the Orcas Fire Department sparked by an accident involving Jack Delisle, one of those hired by O'Brien. In short, Delisle got into a single-car accident at about 2am back in March 9, 2013. He ran a car off the road and into a ditch. The car was owned by another member of the Fire Department, Nick Kiniski. Yet another member of the Fire Department, Seth Ybarra, came to Delisle's aid after the crash, pulled the car out of the ditch, and towed it to Fire Station 21, where Kininski was on duty that night as a paramedic.

As some Orcasites tell it, the gist of the concern is this: a member of the Orcas Fire Department (Ybarra) allegedly removed evidence of a crash involving a drunken driver member of the Fire Department, did not properly notify the police, and let the injured driver disappear from the scene. Earlier that night, the driver had been attending a party at the Chief's house to celebrate his (Delisle's) hiring. The Chief had served food and alcohol at the party.

A detailed report of what happened is provided in the scanned pages shown below, and it includes some commentary and questions inserted by a concerned citizen on Orcas. This story has not been reported anywhere, so perhaps Orcasites can shed some further light on these events. With the "temporary" levy up for renewal, issues of Departmental integrity and responsibility are on the minds of many on Orcas.

In other news, the latest draft of the CAOs is undergoing public comment this week. As bad as the last Council was regarding the CAOs, the new Council has been worse. Their public participation record is awful. Their ability to think through the issues is abysmal, and their "fixes" to the CAOs have done nothing to correct its fundamental flaws. In its latest CAO version, the Council has decided to abandon the last Council's system for buffers and replace it with another one that is equally flawed. For more information, please visit the CSA website. This Council is just as much in the pocket of the Friends as the last one.

In addition, Councilman Jamie Stephens was seen in Olympia this past week. He attended hearings put on by the House Agriculture and Natural Resource Committee regarding Ecology's practice of sending out threatening letters. Stephens didn't testify, but he sat in the last row near the door next to the Sierra Club representatives ... being very Friendly.