By CLAUDIA BRADLEY

Staff reporter

The San Juan County Council held its regular public monthly meeting on Orcas Island Tuesday, May 6 at the Eastsound Fire Station to consider a resolution regarding the vacation and abandonment of the right-of-way/accceptance of dedication of a county road, hear the Draft Report of the Eastsound Water Plan, proclaim Wildland Fire Awareness Week, hear the county’s first quarter fiscal report, get an update on the spring chipseal on Orcas roads, appeal the public dance ordinance and participate in a public question-and-answer session about Immigration Customs Enforcement with Customs and Border Patrol Deputy Chief Joseph Giuliano.

South Cormorant, LLC was successful in their bid to have the county road moved several feet from their property near Deer Harbor to allow adequate screening from the road in the resolution for the vacation and abandonment and right-of-way acceptance agreement. Any vegetation removed by the road construction will be replaced with native vegetation. A friendly amendment was added that the approval be subject to appropriate signage which clearly indicates public shoreline access at the end of the county road.

Environmental Health Manager Mark Tompkins introduced the Draft Report of the Eastsound Water Plan recommendations. The Draft Plan will be put before the Board of Health on June 16. The Draft comes out of two years of monthly meetings of the board of the Eastsound Water Users Association. According to Eastsound Water Users Association Manager Paul Kamin, “Compared to all other options, groundwater is the most reliable and affordable water source for Eastsound.”

The proliferation of exempt wells in Eastsound is impacting Eastsound’s water supply and many homeowners and businesses are on private septic systems. Nitrate levels, an indicator of contamination, are high in a dozen or so wells currently being monitored. The importance of coordinating efforts between the private water district, public sewer district and county stormwater management efforts was stressed. County Council Chairman Howard Rosenfeld indicated that the Council is ready and willing to meet with all parties to coordinate these efforts which are critical to Orcas’ aquifer recharge.

Wildland Fire Awareness Week was proclaimed to be May 4 to 10 by Rosenfeld in recognition of the vital need to reduce human causes of fire, the efforts of the fire department to disseminate information and change behaviors, and the potential of size and severity of fires in our region and the islands’ isolation from the mainland. Citizens are encouraged to participate in Wildland Fire Awareness.

The Public Dance Ordinance was repealed by the County Council. It will no longer be necessary to obtain a permit to hold a public dance.

Adina Cunningham was conferred as Deputy County Administrator.

County budget

County Auditor Milene Henley reported on the County budget in the first quarter of 2008. Some county revenues are down due to a slump in real estate sales which generate funds excise taxes and property tax. Concerns exist about generating increased sales tax revenues from the tourism industry if fewer visitors come to the San Juan Islands this summer. “But, it’s not time to panic,” said Henley. “Income to the county is, historically, very stable.”

A greater concern is the 10 percent growth in FTEs in the county government and the cost of health insurance, cost of living raises, merit raises and overtime pay over the past two years. “Payroll represents 71 percent of county expenditures,” said Henley. “At the current rate of expense, payroll will outpace revenues in three years.”

Chipsealing on Orcas

The chipseal of Orcas roads will be completed this spring. The decision to do it during the spring instead of the summer is to limit the impact on tourism. “Unlike roads on San Juan and Lopez Islands, there are few alternate routes around the roads to be chipsealed,” said Jon Shannon, director of Public Works. “The public will experience maximum delays of 15 to 20 minutes because stretches of bog seal must be completed in two mile increments. Readerboard signs will clearly designate work times so that residents can try to plan their drives times around work zones. Chipseal will occur from about 8 a.m. to 6 p.m. Monday through Thursday on days without heavy rainfall.

Critical Areas Ordinance

The Council approved a recommendation for the Critical Areas Ordinance Committee to hire a facilitator for their committee to ensure different viewpoints among committee members and the community be heard and fund it from and the County reserves. The council approved $60,000 for the CAO ordinance process, including $7,000 for a facilitator.

“The Critical Areas Ordinance is very important and the public is urged to learn more and take part in the process,” said Councilman Alan Lichter.

Border Patrol operations

The meeting swelled to over 80 members of the public varying in age from high school youth to senior citizens for a question-and-answer session with Joe Giuliano, Deputy Chief Patrol Agent of the Blaine Sector Headquarters.

Councilman Kevin Ranker asked whether it was true that Border Patrol agents had boarded a school bus in Friday Harbor with a Friday Harbor athletic team aboard and asked the students for proof of citizenship. Giuliano replied that, “It did not happen.” He further stated that “A charter bus was boarded in Friday Harbor but that the agents left as soon as they determined it was a school group. We would never board a yellow school bus.”

Natalie White of Deer Harbor asked, “Where does the Border Patrol consider what amounts to entering the country?” Giuliano said, “It is not limited to the first entry into the country. The further from the boarder the greater probable cause that is needed. Probable cause varies from case to case.”

David Schermerhorn of Deer Harbor asked, “Do you expect to have an increase in Border Patrol activity on the water this summer?” Giuliano said, “We intend to increase the maritime patrol but will be taking no actions on the islands themselves.

Schermerhorn said, “Some citizens don’t feel obligated to answer the questions of the Border Patrol when they arrive by intra-island ferry in Anacortes.” Giuliano said, “The Border Patrol cannot compel citizens to show documentation. However, the Border Patrol can detain an individual at a ‘port call’ for ‘a reasonable amount of time’ while other measures such as automobile license, registration and other records are run to ascertain citizenship if the individual declines to show documentation. There is historic evidence that undocumented individuals have snuck onto the islands and then blended with the domestic population aboard ferries to Anacortes.”

Tom Felber of Lopez Island recounted his experience of being detained in Anacortes because of his refusal to show documentation and having a police baton raised against him by a Border Patrol Agent on March 30. He stated that he was wearing his Lopez Island Firefighter/EMS jacket at the time which is a clear indication of his citizenship. He considered the aggressive action of the Border Patrol agent to be a violation of his Fourth Amendment rights, which guards against unreasonable search and seizure.

Susan Whilder of Orcas indicated that she had seen inhumane treatment of guest workers by Border Patrol and wanted to know if agents in the field have some accountability for their actions.

Charles West of Orcas wanted to know if the Border Patrol is exercising the same level of authority in other places in Western Washington like Port Townsend and Mukilteo. Giuliano said, “There are patrols at the bus stations, trains, on I-5, the Mt. Baker Highway, Concrete, Marblemount and on Chuckanut Road. The Border Patrol will expand its coverage to include Port Townsend. “Why was Anacortes chosen first,” asked West. “Because the intelligence we had indicated that we should begin with Anacortes,” said Giuliano.

When told that Robert Gates has a home on Orcas, and asked if that way why the San Juans were targeted for Border Patrol operations, Giuliano said, “I was unaware that the Secretary of Defense has a home on Orcas Island.”

Dale Coburn asked, “How do you determine probable cause?” Giuliano said, “Racial profiling is expressly prohibited. We look for anomalies like a clean car and a dirty license plate, behaviors, a single driver with a lot of luggage and other cues we teach officers in the Border Patrol academy.”

Jeff Bossler of Orcas related that an immigrant student friend received a frightening letter in the mail from the Immigration and Naturalization Service (INS) and has since vanished. His friend was a legal student and worker but that his INS paperwork was way behind because the INS department is so back-logged. Giuliano concurred that INS is back-logged but that there are procedures for legal immigrants in place that could tide the friend over if Bosworth ever hears from him again.

Bossler also indicated that he knows of two Nepalese women (of wealthy families) who were unable to get student visas to attend the University of Washington that are now attending college in Pakistan.

Barbara LaBrash, the child of Canadian immigrants, asked if the Border Patrol had the authority to divert a ferry under suspicious circumstances. Giuliano replied that, “The Border Patrol cannot divert a ferry. That is under the control of the Washington State Ferries. Futhermore, Border Patrol would not request that a ferry be diverted.”

“John Doe,” an island resident who invoked his right to anonymity in a public meeting, asked, “What if I don’t speak when a Border Patrol agent stops me? I did not speak when I was stopped in Anacortes and I was waved through with no further checks. If the Border Patrol doesn’t do racial profiling, why was I waved through? Why are Hispanics and Non-Hispanic persons listed separately on the Anacortes Ferry Terminal Traffic Checkpoint tally distributed at this meeting?”

Todd Collins of White Beach said, “We’re all for control of terrorism but will a change in the Administration in eight months time will affect the Border Patrol mission. Giuliano said, “The change in policy will have to come from Congress. There needs to be a way to differentiate between the working immigrant population and terrorism suspects, but there’s going to be some collateral damage.”

Councilman Ranker asked, “Who made the decision to target Anacortes can it be reversed ?” Giuliano said, “We were given some direction by D.C. Some Border Stations were identified to be at risk and it was our local office that made the decision. The decision can be reversed if we meet our enforcement goals and with input from the communities to assist us.”

Councilman Ranker moved that the letter from the San Juan County Council to our Federal representatives (Rick Larsen, Maria Cantwell and Patty Murray) on behalf of the City of Friday Harbor be considered for approval. The motion did not carry but will be discussed further at next week’s Council meeting. Ranker believes that the legislators could slow or stop Border Checks.

Rich Peterson said, “We need to ask the legislators for an immigration fix, not just a stop of Border Checks.”

To see the “Frequently Asked Questions” sheet distributed at the council meeting, go to “Border Patrol Ferry Terminal Operations explained at County Council meet” on www.islandssounder.com