City Council split on adoption of SMP update.

The Bainbridge Island City Council approved the massive, 325+ page update to its Shoreline Master Program last night, May 15, 2013. In a 4-3 vote, the  council sent the SMP update to the Department of Ecology for review. The vote puts an end to another phase in the “process” toward final acceptance.

Bob Scales, Kirsten Hytopoulos, Anne Blair and Debbi Lester refused to accept, or even listen to reasonable arguments in favor of protecting Puget Sound and the rights of shoreline homeowners. They voted to get the update off their plates and send it to the DOE.

David Ward, Steve Bonkowski and Sarah Blossom offered dozens of amendments but Blair, Scales, Lester and Hytopoulos refused to consider them or allow the amendments to be put to a vote. They voted against sending it to the DOE.

The only good news on the horizon is the fact that Scales, Hytopoulos and Lester are not running for re-election. If you see them, or Anne Blair, at T&C, or anywhere else on the island, be sure to say hello.

We should all thank them for declaring the vast majority of shoreline homes, docks, and gardens legally nonconforming. We should thank them for approving a document that is filled with inconsistencies and conflicts. Way to go!

What will our City Council’s legacy be?

Dear City Council Members:

On Wednesday you have an opportunity to leave a legacy that will really matter.  It is the legacy not merely to preserve the environment, but to respect the rights of Bainbridge citizens while you do it.  The basic problem with the SMP is that it does not honor the constitutional rights of the Bainbridge shoreline homeowners.  You have the power to amend the SMP so that it does not violate private property rights.  You just have to send the SMP back to the lawyers for more work.  It isn’t ready yet to withstand strict judicial scrutiny.

I am preparing a very close legal analysis of the SMP’s violations of federal and state law.  I have already written 32 pages – single spaced – and I have more to go.  This analysis will be sent to the State Attorney General and the Department of Ecology if you pass the SMP, which I believe you intend to do on Wednesday.  This analysis will present to all parties the very likely lawsuits that will arise from the SMP and the violations of federal law that will lead to victories by those plaintiffs. 

Report on last night’s SMP public hearing.

by Gary Tripp, Director, Bainbridge Defense Fund

Last night an equal number of those supporting passing the SMP and those who think the SMP is not ready for passage packed the City Council Chamber. But the similarities ended with the number of attendees.

The majority of those supporting the passage of the SMP had not read it and were not directly affected by the SMP.  They were instead expressing support for restoring Puget Sound and protecting the environment.   Everyone is for restoring Puget Sound and protecting the environment. Aren’t we? 

Jun 3: Open Mic Science

The Billion-Dollar Fish: Vikings, Fish Sticks and Donut Holes
by Dr. Kevin Bailey 

On June 3, Dr. Kevin Bailey will give a presentation about the world’s most valuable food fish, the Alaska Pollock. Kevin has recently retired from the Alaska Fisheries Science Center in Seattle where he worked on Fisheries-Oceanography issues for 32 years. He has recently published a book about the Pollock fishery in Alaska, The Billion Dollar Fish – The Untold Story of the Alaska Pollock.  He will present parts of this story to us in June.

Want to know more? Here’s their website.

Jun 1: Community meetings about Waterfront Park.

From the BOBI Department of Planning and Community Development… 

PLEASE JOIN THE WATERFRONT PARK/CITY DOCK
COMMUNITY CONVERSATIONS!

Two community meetings are scheduled for citizens to share thoughts and ideas on the potential uses and structures at Waterfront Park:

WHAT COULD IT BE?

Saturday, June 1, 2013

HOW SHOULD WE DESIGN IT?

Sunday, June 30, 2013

Both meetings will be held from 1:30 pm to 4:30 pm at the Waterfront Park Community Center (370 Bjune Drive SE). All ideas welcome! For more information, contact Heather Beckmann, Associate Planner (780-3754).

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Question: Do you think that the outside activist groups who lobby against bulkheads and docks will be there arguing agains bulkheads and docks? If so, and you believe that the City’s park should be protected from storm-caused erosion and island citizens and visitors need access to the water via a dock, perhaps you should be there, too.

Two views of pollution in Fletcher Bay.

by Christopher Dunagan, Kitsap Sun…

Increasing levels of bacteria in or near Fletcher Bay on Bainbridge Island have placed the area on the state’s “threatened list” of shellfish growing areas.

The bacterial levels have been growing steadily worse in recent years, said Bob Woolrich of the Washington State Department of Health. Shellfish harvesting could be prohibited if water quality continues on its worsening trend, he said. 

Fast ferries and shoreline protection inconsistencies.

Dear Councilmember Anne Blair,

I am perplexed that you recently voted “yes” to add City of Bainbridge Island support to Kitsap Transit’s continuance of fast ferry studies. I note that “no” votes, opposing further expenditure of public funds for this purpose, were cast by Kitsap Transit Board representatives from the cities of Poulsbo & Port Orchard.

As I recently summarized to Golder Research in the email below (with cc to you), there are very real shoreline environmental risks to any fast ferry operation through Rich Passage. This is still true even if a “reduced-wake” research vessel such as Rich Passage 1 were to be utilized.

An RP1-like fast ferry would likely cause less severe shoreline damage than the catastrophic effects of the WSF Snohomish class ferries. Nevertheless, much of the recent decade-long & very costly Rich Passage research predicts deleterious shoreline effects if RP1 operations were continued over an extended period of time.  

COBI Attorney presents SMP consistency analysis.

Today, the City posted a letter on its website. Apparently, the contract City Attorney disagrees with attorneys Dennis Reynolds, Kim McCormick, Linda Young and others who have advised us that there are many legal issues with the current SMP Update draft. We thank City Manager Doug Schulze for arranging a meeting with Mr. Reynolds, the City Attorney and others, and we thank him for sharing the City Attorney’s letter. 

Legislators pass law requiring agencies to divulge “science” used to justify regulations.

In August of 2011, Bainbridge Island Homeowners identified Six BIG Problems with the draft SMP Update. One of them was reliance on “best available science” that isn’t. We had been advised by many area scientists that concerns presented by the COBI planning staff and activist members of the citizen SMP workgroups weren’t backed up by peer-reviewed academic research.

For example, the concept of “feeder bluffs” is a hypothesis that has not survived rigorous examination by academics in the field. We requested that our City Council pass a resolution to encourage the Legislature to require the use of peer-reviewed science to justify significant land use regulations. They did not do so. 

May 15: SMP changes following public hearing.

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Demonstration no. Dissatisfaction yes.

See the “Question of the Day” on BainbridgeReview.com
“Is Bainbridge Island’s updated Shoreline Management Program
finally ready for city council approval?” 7o% say “No!”
It’s hidden* near the bottom of the home page.

(* journalistic hyperbole)