NEWS AT A GLANCE www.whatcomindy.com Your reliable, independent news for Whatcom County. ISSUE 218 January 24 - 30, 2008 FREE EVERY THURSDAY Fairhaven Highland EIS scoping Courtesy photo Sure, klezmer, but so much more BELLINGHAM - Bellingham’s Millie and the Mentshn is one of only 20 klezmer meeting draws large crowd bands worldwide who have been invited to perform at the First International Klez Fiesta in Buenos Aires, Argentina this Sep- tember. But it’s going to cost them $6,000. Top: The 2005 site plan for the nCitizens speak out proposed Fairhaven Highlands Check out their plans on p. 4. development, which includes 739 housing units with approx- against development; imately 24 acres of preserved Hasty appointment criticized habitat on the 80-acre site. draft to be published in BELLINGHAM - John Carter, who has Bottom: The updated 2008 site plan includes 40 acres of pre- May been the CFO of the Port of Bellingham served habitat while keeping for the past 17 years, was appointed Bell- the 739 housing units. Nicole ingham’s finance director and he took of- Oliver, Bellingham Planning by TOM CALLIS Department communications fice on Monday, Jan. 21. John Servais, the coordinator, said both plans [email protected] lone citizen who spoke at the city council will be looked at during the meeting at which Carter was appointed, drafting of the Environmental was critical of the city for announcing Impact Statement (EIS). If the BELLINGHAM – Approximately 250 citi- EIS finds enhanced wetland the meeting with barely 24 hours notice, buffers are needed, then the zens crowded into the Bellingham Munici- for holding the meeting in the middle CHUCKANUT DRIVE updated plan will be looked at pal Court building on Wednesday, Jan. 16 as an alternative, she said. of a workday, and not scheduling time for a public scoping meeting on the Envi- for public comment. “This was not open Graphics courtesy of the Bellingham ronmental Impact Statement (EIS) for the government,” he said. Get the full story Planning Department on p. 3. proposed Fairhaven Highlands develop- ment on Chuckanut Ridge. N 16th STREET CHUCKANUT EIS • 5 Gas gouging: the AG speaks out BELLINGHAM - The Washington State Attorney General was in Bellingham re- cently to explain the preliminary results of City Council to hear a study on gas prices in Whatcom County. Are we being gouged? Some people think so. Get the facts on p. 2. UGA comments Jan. 28 “Bangers” used to battle swans n LYNDEN/SUMAS - Since October 2006, Pike, Weiss encourage amending re- the Washington Cooperative Fish and Wildlife Research Unit at the University of quest, densifying Washington has been working to prevent lead poisoning of swans by keeping the by IaN TYSON birds off Judson Lake during the migration season. This year the project ended on Jan. [email protected] 19. Find out how successful they’ve been CHUCKANUT DRIVE in our update on pp. 10-11. BELLINGHAM – At its Jan. 14 meeting, which was rife with pub- lic comment, the Bellingham City Council delayed voting on an amended Urban Fringe Subarea Plan, relating to the Urban Growth Area (UGA). 16th STREET N Many people showed up to comment on the changes to the UGA. The presidents of the York, Cornwall Park and Samish “Since no one wants to live in our urban centers, let’s build UGA • 17 15 more and that will fix every- thing!” – See what Jack Petree is talking about on p. 9. WHO’S PLAYIN’? P. 19 www.whatcomindy.com COMMUNICATING DOORS, THE NEW BTG PLAY P. 14 • Whatcom Independent NEWS January 24 - 30, 2008 Kremen says: “We are being gouged!” as AG discusses local gas prices nPhase 2 of study becoming clearer. end of February. Kremen opened the forum, Dr. Keith Leffler of the Uni- should contain commenting on his observations versity of Washington proceed- for over a decade of higher- ed to explain the findings of more interpreted than-average prices in Whatcom Phase 1. The audience was able County. After fuming that the to frequently interject for ques- data cost to our local economy is es- tions related to the subject, and timated at well over $25 million though some questions were by IaN TYSON a year, he profusely thanked the left unanswered due to the na- attorney general for his atten- ture of the data, Phase 2 in Feb- [email protected] tion to the matter, quick to note ruary promises to contain more the last study of this kind was information that hits closer to COUNTY – Washington State in 1991. Kremen also pushed for Whatcom County residents’ Attorney General Rob McKenna the 1991 study while working in pocketbooks. discussed the initial findings of the State Legislature. Leffler called the situation a State Attorney General (AG) Rob McKenna presented initial findings of an investiga- an investigation of gas prices in “We are being gouged!” he “retail margin phenomena,” but tion of gasoline prices in Whatcom County. Gas prices in the county have been higher that statewide averages for over a decade. Photo by Jefferson L. Morriss the state on Jan. 9 at the What- said angrily, and vowed to con- left room for interpretation as to com County Court- what factors influ- house. The first enced the retailers as Costco or Safeway, land costs the study, which she said she stop on a three- Still unanswered is whether higher prices are due directly. and the Canadian dollar are be- doubted would produce any forum statewide solely to local retailers charging more whenever Still unanswered ing considered as potential in- solutions. She also stated her tour, McKenna is whether higher fluences in Phase 2. disappointment with local re- was met by a lively possible for higher profits, or if other factors may prices are due sole- Higher gas prices in Whatcom fineries, noting that while the crowd including remain that have yet to be fully fleshed out. ly to local retail- County, conclusively, are not United States is in need of a County Executive ers charging more due to wholesale costs such as higher refining capacity to meet Pete Kremen. whenever possible the cost of crude oil, production demands, there seems to be no The meeting was intended tinue watching the progress of for higher profits, or if other fac- of finished product, or transpor- incentive for communities to al- solely to provide information the study while eagerly await- tors may remain that have yet tation costs. low them to be built. Communi- that had been gathered in Phase ing any potential solutions. to be fully fleshed out. Station County Councilor Barba- ties located near refineries seem 1 of the study. Though no evi- McKenna said that Phase density, “hypermarkets” such ra Brenner seemed wary of GAS • 6 dence of wrongdoing has been 2, which should contain more found thus far, as noted in the potentially actionable material, report itself, exact reasons for or at the very least interpreted higher gas prices in the area are data, will be complete by the Inside the Indy Lustick Law Firm YOUR CRIMINAL DEFENSE TEAM Hazing swans Judson Lake, the subject of our article on since then have pages 10-11, sits on the U.S./Canadian bor- included dredg- der. This simple geographical fact most likely ing the lake, rais- by Sheri Ward contributed to the difficulty area residents ing the water seemed to have in getting any attention from level so swans officials on either side of the border when wouldn’t be able to reach the lead at the bot- they noticed a marked increase in deaths of tom, or…would you believe hazing? migrating trumpeter swans. Residents al- Hazing swans to save them might seem leged lead in the lake could be contributing odd at first, as it did to us. But it seems to be Jerey A. Lustick Alexander Ransom Mark A. Kaiman to the swan deaths. working, at least as a partial solution. Since Experienced eective counsel for citizens in The WI first reported on this situation ap- the inception of hazing in the fall of 2006, proximately two-and-a-half years ago in our there have been notably fewer swan deaths Whatcom, San Juan & Skagit Counties issue of Aug. 12, 2005. at or near Judson Lake. For the 2006-07 sea- • Felonies • Misdemeanors • DUI • Assault • At first, officials on both sides of the bor- son, swan deaths were down 50 percent, but www.Lustick.com (360) 685-4221 der wanted to shift responsibility or deny it could have been due to both the significant the lake was part of the problem. With too amount of snow that fell that season as well many swan deaths in and near the lake, that as to the hazing. tactic was simply not consonant with reality. Obviously, hazing swans cannot be a long- In 1999 there was a sudden increase in trum- term or widespread solution. For that we peter swan deaths in Whatcom County and need to identify and clean up the sources of Knit Day every Wednesday 12:00-3:00 southern B.C. Between 1999 and 2005, there lead that are poisoning the swans. were at least1,700 swan deaths, many of them There is still a mystery to be resolved here, in or near Judson Lake. and we hope the folks working on this can After some prodding, the Canadians were unravel the questions that still remain. We the first to respond. In the spring of 2006 they are glad to have played some small part in awarded $15,000 to Ducks Unlimited Canada getting knowledgeable people working on for a feasibility study.