WYSIWYG: tRump Revealed

After weeks of misery, shock & awe at facing the sorry reality of our latest Presidential Election, I at last found -at the bottom of my glass- a very toxic revelation. Empty. 

So, I had another in hopes that my mood might brighten right here, right now, in my own private Institute for Institute for Attitudinal Adjustment. That didn’t work either.

So, after a wee nap, I awoke with the ANSWER! Nothing weird like a vision, but simply cold, hard facts -not of the Alternate Variety. 

What You See Is What You Get. 

That’s right, WYSIWYG. So clear, so simple, it clears up everything! What took me so long? 

Hell, what took everyone so long! Even those stupids who voted for this 't'-creature, and those who didn’t vote at all, and those thought their vote was worth wasting by voting for someone NOT HILLARY. 

I’d better have another drink now, sorry. 

I’ll be quick. 

There, that’s better. 

Others may feel cheated by this short unnecessary delay, but get over it, neither you or I are likely to feel better in the morning…

Anyway, what was revealed to me was this: 

tRump never gave us any good reason to vote for him, except wishful thinking. 

He never spelled out any plan except in the most general, hazy way. 

He refused to answer any normal questions.
Neither the Press, nor his fellow candidates were able to penetrate his deviousness.

He bullied and intimidated his supposedly R competition, until they all dropped out, victims of poll tea-leaves reading, plus an epidemic of weak spines, fear and disgust. 

He still defies releasing something as American as Tax Returns, unlike Warren Buffett, et al. He claims the ‘unfairness’ of his releasing tax information because he is involved in ‘litigation’ 

-Huh? That ought to be a red flag, doncha think? Besides, the man is just plain litigious , with something like 3500 lawsuits reported.

Bottom line is ’t’ ain’t gonna change, unless he’s forced to. 

His colleagues have so far been too chicken to really press the issue, so partisan is their view that they hope he will become the ‘tip of the spear’ for pushing through selective legislation, or repeals thereof, that they want to impose on the rest of us. 

Until it proves too hot for the R’s to handle, they won’t do much about it, except the usual jawboning and posturing so typical of groups who operate as a block, desiring so mightily to stay in power. 

Unless, their rather high tolerance for shame is reached, ’t’ is their man, despite the chaos he causes daily. 

When that trigger point is reached, they will turn on ’t’ with a vengeance, and it won’t be pretty! 

The World will be treated to a spectacle it won’t forget, and hopefully not of the violent type. 

So, its up to you, Congress, to get this right -it’s not a PARTISAN issue!

Question is, what will it take to turn up the heat quickly enough so that the frog knows it’s being boiled?

Likely, that may be the Russian Connection which is NOT going away. 

If that is the trigger that impeaches ’t’, then so be it. 

But please let it happen sooner than later! 

Then, we get to figure out What Mr Pence brings to the Off-White House. 

Plus, all the excitement of finger pointing and scrambling for power seats.

I’ve already seen too much of this movie, which unfortunately, cannot be un-seen! 

So, go ahead little ’t’ and make my day; screw up just enough -but not too much- to flush that throne you’re trying to sit on. 

Go back to where you belong! 

Air Wick, anyone?

Maybe Fabreze…

A Reverse 9/11; 11/9 What we've done to ourselves: A Poisonous Dark Day for America

The cause of human suffering, as explained in Buddhist terms, are greed, anger and ignorance. 
These negative traits and fundamental evils are called the Three Poisons, because they are dangerous toxins in our lives. 
These poisons fill our lives with suffering, and unhappiness.

A cockerel, snake and a pig represent what are often referred to as The Three Poisons. 
The cockerel is greed, the snake is hatred and the pig is ignorance

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I believe this Election was won largely based upon negative emotions, including a large dose of apathy on the part of many who ought to be ashamed they let this happen, and doubly ashamed of letting Trump get away with a campaign based upon ignorance, fear and greed. 

Unfortunately, it may take a long time for America to recover from this gross lack of collective wisdom. But, let's hope we do without bringing on more grief than we -and the world - can handle.

It is well known that emotional appeals have a time advantage over more rational arguments. We can see this demonstrated everyday. Maybe it would be helpful to examine this simple phenomenon from an ancient perspective, including the Greek Philosophers and Buddhist Scholars.

Emotion, in everyday speech, is any relatively brief conscious experience characterized by intense mental activity and a high degree of pleasure or displeasure.

Destructive emotions and Their Antidotes

Greed/Attachment - Generosity

Anger/Aversion - Compassion

Ignorance - Wisdom

Several years ago, when I was just starting to study Buddhist philosophy, I learned about these negative traits and fundamental evils that are called the three poisons. 

Fortunately, I also learned these also have antidotes; meaning if we are aware of the causes of the Three Poisons, we can counter them with three effective cures, but first, we must become aware!

Sometimes pride and jealousy are added, with pride being a combination of ignorance and attachment, and jealousy a combination of attachment and aggression.

Plutchik's Wheel of EmotionsRobert Plutchik's theory says that the eight basic emotions are:

• Fear → feeling afraid. Other words are terror (strong fear), shock, phobia

• Anger → feeling angry. A stronger word for anger is rage.

• Sadness → feeling sad. Other words are sorrow, grief (a stronger feeling, for example when someone has died) or depression (feeling sad for a long time). Some people think depression is a different emotion.

• Joy → feeling happy. Other words are happiness, gladness.

• Disgust → feeling something is wrong or dirty

• Trust → a positive emotion; admiration is stronger; acceptance is weaker

• Anticipation → in the sense of looking forward positively to something which is going to happen. Expectation is more neutral.

• Surprise → how one feels when something unexpected happens

• Anger, opposite calmness (not feeling excited).

• Friendship, opposite enmity (feeling hate)

• Fear, opposite courage (having no fear)

• Shame, opposite confidence (shame: how one feels about one's past bad actions or thoughts; shamelessness: one does not feel shame, but others think one should.)

• Kindness (benevolence), opposite cruelty (kindness: when people are good to other people)

• Pity (when people feel sorry for other people)

• Indignation (feeling angry because something is not fair, such as undeserved bad fortune)

• Envy, jealous (pain when people have something that one wishes for oneself)

• Love, a strong emotion of attachment one feels for someone else. Ranges to family, pets, friends, boyfriend/girlfriend/wife/husband.

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Emotions are what drive us and what drive us astray. You cannot persuade without understanding them well.

This leaves us with four "basic" emotions, according to another study: happy, sad, afraid/surprised, and angry/disgusted. 

It is common to think that emotions interfere with rational thinking. 
Plato described emotion and reason as two horses pulling us in opposite directions. 
Modern dual-systems models of judgment and decision-making are Platonic in the sense that they endorse the antagonism between reason and emotion.

We are persuaded by reason, but we are moved by emotion. Several studies conclude that up to 90 percent of the decisions we make are based on emotion.

Unfortunately, this seems all too true regarding the American public's selection of Trump as the most important elected official in the world!
God help us, and may God save the United States of America from the dangers of hate, greed and ignorance.

That is my fervent wish for us all, and the World....

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GPT: It's Never Over, 'Til It's Over

It was probably someone like Yogi Berra who stated the obvious quote above, but he was right, not only above baseball, but other things as well.

The proposed Gateway Pacific Terminal [GPT] and the well-financed folks behind it are an example of something many people oppose for good reasons that seems to have a momentum all its own.
Our community and others have expressed serious concerns about this project and the impacts it will have should it ever come to fruition. Yet, like a ravenous stalking predator, it keeps coming back.

It's quite possible that the only solution to the dangers GPT represents can only be the purchase of the property and physically removing it from consideration as a major coal export site.
Depending upon the cost, that solution could well be much cheaper than the cumulative myriad costs of social and environment harms that would certainly be externalized to the public should GPT ever be permitted to operate.

But GPT is only one such self-serving venture, albeit the one closest to our community. There are many others, known and in planning that could impose similar harms.

Several months have elapsed since I last blogged on the subject of GPT and related topics, but fortunately several others have been following it closely and reporting what they've found.

Today's Crosscut carries Floyd McKay's latest report, entitled 'Coal exports from Bellingham could ramp up rapidly'.

I strongly suggest reading it.
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US Constitution: A Mix of Six Fixes

After an almost 8-month hiatus from publishing any blog, I must proclaim any rumors of my demise are premature.

Now, after several months of reading and study, I especially recommend a short, clearly written book by former US Supreme Court Justice John Paul Stevens, entitled ‘Six Amendments: How and Why We Should Change the Constitution’.

Of the the six proposed Amendments; 'the first four would nullify judge-made rules, the fifth would expedite the demise of the death penalty, and the sixth would confine the coverage of the Second Amendment to the area intended by its authors’.

Because each suggested 'fix' is explained in terms of its judicial history - and the entire US Constitution appears as an Appendix - understanding Justice Stevens' arguments is readily facilitated.

Also, the 'fixes' suggested are relatively terse, fitting easily into existing Constitutional context. 

1. The "Anti-Commandeering" Rule

FIX: The Constitution should amended by adding four words to the Supremacy Clause in the second paragraph of Article VI, to wit:

"This Constitution, and the laws of the United States which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

2. Political Gerrymandering

FIX: The Constitution should amended by adding the following paragraph:

“Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political party in control of the state government is not such a neutral criterion.”

3. Campaign Finance

FIX: The Constitution should amended by adding the following paragraph:

[in part prompted by concerns with the chain of US Supreme Court decisions leading up to “Citizens United’]:

“Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.”

4. Sovereign Immunity

FIX: The Constitution should amended by adding the following paragraph:

“Neither the Tenth Amendment, the Eleventh Amendment, nor any provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.”

5. The Death Penalty

FIX: The Constitution should amended by adding five words to the text of the Eighth Amendment, to wit:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty inflicted.”

6. The Second Amendment (Gun Control)
FIX: The Constitution should amended by adding five words to the text of the Second Amendment, to wit:

“A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the militia shall not be infringed.”

=========================

Now that we know what fixes are needed, all we have to do is to convince Congress to allow state ratification of these changes. Just a little detail......

Elections Thoughts

For some time, I've felt a declining joyousness about our local elections process and the growing obstacles that threaten it, but today's local results have helped reverse that trend.

Even though about 5000 ballots remain to be counted and certification isn't until 1/26, I'm happy with the direction Whatcom County voters have taken, to wit:

• All four progressive candidates for County Council lead by substantial margins
     [Weimer, Mann, Browne, Buchanan]

• Both progressive candidates for Port of Bellingham Commission also lead
     [McAuley, Kowalczyk]

• Two first-time City Council candidates, both young women, have wide leads
     [Vargas, Murphy]

• Initiative 517, another Tim Eyman exercise, is failing statewide
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Despite all that is right in our system, there are some glaring flaws that need to be fixed to ensure that principles of fairness, equity and openness are always evident.

Here are a few:

• The Citizens United SCOTUS decision that corporations are persons and money is speech needs reversing!

• PACs and other corporate gimmicks badly need the -timely- light of day

• The role of 'outside' money in local elections needs serious questioning

• Gerrymandering needs to be curtailed by redistricting to ensure no 'safe' seats

• Notwithstanding the 1st Amendment, political speech needs to be more accurate and truthful, especially in mass media and mass mailings

• Candidates should agree, in advance, to attend Forums and answer Questionnaires to demonstrate their comprehension and explain their positions on Issues

• PDC [Public Disclosure Commission] rules and guidelines need to be strengthened and enforced

• Wider voter awareness and participation

There are probably other flaws that need fixing, too.
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Today's Gristle is a good read that weaves some political contemporary history into these latest election results.
Don't you agree that the incoming County Council ought to address the egregious current Planning Commission very soon?
I believe new appointments such be undertaken as a first order of business, in the interest of decent planning in compliance with the Growth Management Act!
That would give reasonable certainty for all citizens, plus reduce the unnecessary costs of continuing to deny that GMA guidelines need to be followed.

A Sad Day For America

George Washington's Farewell Address *[see below] warned against certain dangers to our Constitution by political factions;

While Washington accepts the fact that it is natural for people to organize and operate within groups like political parties, he also argues that every government has recognized political parties as an enemy and has sought to repress them because of their tendency to seek more power than other groups and take revenge on political opponents.

Washington goes on to acknowledge the fact that parties are sometimes beneficial in promoting liberty in monarchies but argues that political parties must be restrained in a popularly elected government because of their tendency to distract the government from their duties, create unfounded jealousies among groups and regions, raise false alarms amongst the people, promote riots and insurrection, and provide foreign nations and interests access to the government where they can impose their will upon the country.

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Our governmental shutdown is inexcusable and hurts everyone.
That a few political ideologues have conspired to inflict this calamity on our -and their- country is incredibly stupid. There is no other word to describe it.

House Speaker John Boehner has shown such a lack of leadership and courage that he has literally become a parody of a power broker, worthy of disdain. 
Small wonder Congress's 'approval' rating is 10% or less.
Care to guess who is included in that 10%?
Mr Boehner, why won't you even allow a simple vote on the budget?
Be honest now and try not to engage in self-serving spin; is holding onto your job title more important than having the courage to buck those radicals who covet it?

But, what goes around, comes around. 
Republicans have made their nest and now must live in it.
Maybe, these self-styled Tories will come to see the error of their ways, do their job and let our government return to normalcy, but don't count on it!
The 'my way or the highway' attitude exhibited against nearly every goal or achievement advocated by President Obama since his election, has no useful place in a representative democracy.
It is a juvenile, divisive and ultimately self-defeating strategy that should not be rewarded, but instead discouraged.

Hopefully, the current impasse will soon be over, but how can anyone claim victory?
George Washington would likely shed a tear.
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* Reading in Congress

In January 1862, during the American Civil War, thousands of Philadelphia residents signed a petition requesting the Congress to commemorate the 130th anniversary of Washington's birth by reading his Farewell Address "in one or the other of the Houses of Congress.” First read in the United States House of Representatives in February 1862, the reading of Washington's address became a tradition in both houses by 1899.

In 1984, however, the House of Representatives abandoned the practice. The Senate continues this tradition into modern times, observing Washington's Birthday by selecting a member of the Senate, alternating between political parties each year, to read the address aloud on the Senate floor.

When Right Is Wrong

What's in a word?
Multiple meanings, spellings, pronunciations, nuances.
Right or Wrong, Right or Left, etc.

Right-wing politics -euphemistically called 'conservative- does not easily support change, especially so-called 'progressive' change. 
That is largely the case with the current threat of shutting down government unless 'ObamaCare' is repealed. 
Wishful thinking at best by those more interested in silly political posturing!

I hope Congress does the 'right' thing, and they probably will, eventually. 
However this exercise turns out, it is an example of putting selfish interest above the common good, at least in my view.
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A representative democracy is generally accepted as a proven way -if not the best way- to insure that the will of the people is reflected in law and policy. 
But, this is not guaranteed; it depends upon those elected doing their best to the benefit of not only their 'constituents', but the entire population. 
Unfortunately, not every elected representative has received this memo, much less honored it both in spirit and deed. 
That is not a new problem and is likely to be unresolved unless we make known our expectations of those we chose to represent us. 
Freedom is not free, especially unrestricted freedom. Certain constraints are necessary in the name of fairness, equality and civility. 

Our founders were amazingly prescient about governance, especially practical and sustainable governance that continually seeks to reflect the will and best interests of people - all people. 
But, they weren't perfect in defining which people are to be included; which is why our Constitution has always been subject to change by adjustment to include non-property owners, blacks and people of color, women as well as those with diverse beliefs, religions and lifestyles. 

But, these changes have not come easily and remain subject to debate among those who prefer to keep those special privileges enjoyed by our 'prescient' founding fathers, mostly wealthy white male property owners. 
Are today's elected representatives much different? 
Yes, and no. 
While our current Congress is more diverse, there remains a large contingent who are very wealthy and many others who seek to become so in currying favor from the hordes of lobbyists and 'special interests' who crowd Washington, DC. In such an environment, the temptation must be strong to represent selfish interests above all others.

If government is to be of the people, for the people and by the people, then it is necessary to have every person's needs, aspirations and rights equitably addressed, not just a favored few among many. 
But, that has become increasingly problematic with the ideological stances being taken lately by those who seem to value their own election/reelection goals above those of the good of the entire population. 

The founders intended to have a 'virtuous' government and to encourage 'virtue' in its citizens. 
Is this happening? 
Will it likely happen without continuous effort? 
How will this effort be generated? 

If our government is intended to reflect us, the citizens, is this actually happening? 
If our current government does actually reflect its current citizenry, what does that say about us? 
Are we so occupied with distractions that we allow our representatives to act as they are, then play the blame game when things don't go to suit us? 

If that is the case, the founders might not be very happy with us, unless with subliminal thought, they expected a future return to their era, where only rich, white property owners controlled things for their own selfish interests. 
Doesn't it seem that the rich and powerful have much more clout than they deserve in our government?

Without the tyranny of a foreign monarch, the threat from foreign enemies, the fear from foreign terrorists, the competition from foreign economies, the inconvenient menaces of nature itself, we are left with the troubling dilemma of just dealing with ourselves. 
As Pogo said, 'the enemy is us.'

I hope that Americans, collectively, will reclaim our rightful role in determining what is in our best interests, then require those who represent us to seek reasonable, effective means to achieve it.
That includes providing the US Government the adequate means to maintain its essential services, despite any ideological obstacles that arise.

Our representatives need to be held responsible and accountable for their votes and non-votes!

GPT: Footsteps to Oblivion?

August has already provided welcome news to all who have experienced serious reservations about the proposed Gateway Pacific Terminal to export coal.
Of course, consideration of that proposal must still go through due process, but now the playing field has been leveled considerably and a much more balanced weighing of pros and cons is likely.

Whether the current proposal fails won't determine what future proposals may come forward.
Even if the GPT site itself is eventually purchased and turned into a park or other restricted use, increased rail traffic to bring petroleum feedstocks to local refineries may become a reality.

Here are links to several articles that announce and explain recent developments:

• Bellingham Herald: http://www.bellinghamherald.com/2013/07/31/3121522/ecology-will-study-impact-of-coal.html

• Aftermath of DOE announcement: http://www.bellinghamherald.com/2013/08/01/3123889/roundup-of-items-in-the-aftermath.html

• Sightline Article: http://daily.sightline.org/2013/08/01/another-shoe-drops-for-gateway-pacific/

• Lummi Nation Letter to USACE: http://www.bellinghamherald.com/2013/08/02/3126384/lummi-nation-sees-no-compromise.html

• Crosscut Article by Floyd Mckay: http://crosscut.com/2013/08/01/coal-ports/115793/coal-port-faces-new-level-environmental-scrutiny/

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The price of freedom is eternal vigilance.

GPT & Growth Management

Here we are at the end of July and I haven't posted for 6 weeks.
I'd like to say I've been waiting for some good news, but mostly I've just been otherwise occupied and somewhat lazy, having read two heavy tomes by Jared Diamond; Guns, Germs & Steel and Collapse.
The former attempts to explain why some societies tend to have "more cargo" -meaning advanced civilizations- while the latter examines the causes of failure of various cultures.

These are not easy topics, but the author uses his extensive knowledge and communications skills to condense and simplify things enough for lay persons like me to comprehend, even though it does take a fair amount of time and dedication to the task to get through it!

That begs a comparison with some of our current candidates for Whatcom County council, both incumbents and challengers, who seem to have problems understanding what their role should be regarding Growth Management as well as why citizens and organizations - such as RE-Sources and FutureWise- have important roles to play in the planning for our common future.

It seems all four 'Republican' candidates for these 'non-partisan' seats have attitudes that they allow to prejudice them against even  a public forums that focus on growth planning and the ecology!
What is that about? Silly me, thinking such forums are important for the public to see and hear BEFORE voting!

Two incumbents - Bill Knudzen and Kathy Kershner - have supported the poor growth planning policies that invited lawsuits and Growth Management Hearings Board actions on behalf of the public, yet they are unwilling to learn any constructive lessons from that! Instead, they choose to continue spending scarce public dollars on silly appeals.

The two R challengers - Michele Luke and Ben Elenbaas- are also part of the problem since they serve on the inept County Planning Commission that is responsible for some very stupid recommendations to the County Council!
Because of this childish behavior, in fairness, the growth planning and the ecology forum has now been cancelled.
Take that voters!

But, as sorry as our County Electeds have been regarding Growth Management planning, there is at least one County that is worse, at least according author Jared Diamond.
That would be Ravalli County, in the Bitterroot Valley of Montana, which has NO planning or consistent zoning despite the crying need that exists in a place with great natural beauty, poor conditions for agricultural enterprises, a declining local economy and wide differences between 'Haves' and 'Have Nots'.

Rather than try to paraphrase Mr Diamond's descriptive words, I suggest reading Chapter One in Collapse for those interested.

Regarding GPT, another 'issue' our erstwhile County Council must eventually face - without benefit of much knowledge and understanding - today's news carried an article that indicates the MAP Team has decided to incorporate many of the hundreds of legitimate concerns expressed by citizens by considering impacts from rail traffic and other factors!

This latest MAP Team decision is truly good news.
Now, maybe our County Electeds won't be winging their 'fact-free' decision as much as they might been so inclined?
Let's hope so!

Coal: A Perfect Storm Ingredient?

From Wikipedia: A "perfect storm" is an expression that describes an event where a rare combination of circumstances will aggravate a situation drastically. The term is also used to describe an actual phenomenon that happens to occur in such a confluence, resulting in an event of unusual magnitude.
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An inedible recipe: Skagit River bridge collapse. Coal trains for export. Normal events: commuting, business, EMS, school buses, bike rides, Tulip Festival. Public expense. Private exemption. 
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The past 10 days has seen me travel I-5 to Seattle twice for medical purposes, during which I also experienced the traffic delays caused by the Skagit River bridge's collapse. That little boo-boo was simply caused by an over sized truck colliding with the bridge structure. Of course, the public will pay for rebuilding the bridge, both in terms of government funding and its own inconvenience - including cumulative loss of business and personal time. That is to be expected. But, the unintended consequences of this accidental event caused me to think about how sensitive we are to compounded problems which radiate from such catastrophes.

For example, the detours required to bypass the I-5 bridge travel through adjacent areas that are unaccustomed and unequipped for the volume of traffic, making these alternatives more dangerous as well as slower. Also, the main detour to the west must cross the Skagit River downstream, in constricted Mt Vernon streets, before having to cross the BNSF mainline -at grade- to return to I-5. That creates other problems that also depend on train traffic. See how things can snowball and escalate to larger proportions? 

Now, let's turn back to the proposed GPT proposal that carries with it the prospect of up to 18 additional 1.5 -mile long coal trains per day. Many of the EIS comments submitted cited the inconvenience, danger, and major capital funding necessary to alleviate these problems. Guess what, unexpected events like the Skagit River bridge collapse would/will greatly compound the problem of dealing with many more trains! It is this compounding effect that must be anticipated and dealt with effectively and up-front.

Similar thinking was involved with restarting the Olympic Pipe Line after the disaster that occurred back in 1999.
The concept of applied 'Process Safety Management' was required of the owner/operator before permission was granted to rebuild/restart the pipeline. That took 18 months to satisfy, but the result was a much safer operation that takes into account most of the events -or sequence of events- that could lead to another leak and explosion. I believe the wait was well-worth the additional safety and public confidence.

Because we are an integrated society, it is fitting that public infrastructure be the responsibility of government, which in turn gains its authority and funding through the public - including private enterprise. However, if private enterprise demands higher privileges regarding infrastructure than it is willing to pay for, then additional considerations must be extracted from it. In the case of coal trains, that should include the costs of grade-separated crossings wherever feasible. Why not include these costs as part of the cost of shipping? 
You know, those who benefit, pay.

Floyd McKay has contributed two more articles on Crosscut, called the Tale of Two Cities. The first deals with the City of Ferndale, which seems to see the proposed GPT Coal Terminal through mostly rose-colored glasses; the second deals with the City of Burlington, which sees some real problems with GPT, without rose glasses.

The Skagit River bridge collapse provides a lens through which we can see real life scenarios that are with us now. It doesn't take much imagination to see how much 18 additional coal trains per day would grossly compound such problems, does it? Let's cut out the wishful thinking on GPT and get on with anticipating real problems and their solutions instead.

Water Supply: Searching For Certainty In Uncertain Times

This two-day Symposium [May 30&31] was timely and pretty well attended - at least by those folks who believe the topic is important enough to pay attention.
Here is the link to the announcement, agenda and speakers.
And, here is John Stark's article that appeared afterward in the Bellingham Herald

The discussions covered primary uses, including Agricultural; Industrial; Rural; Urban; and the big unknown, the In-Stream Flows, necessary to ensure fish can live and propagate.
It was on this last 'unknown' that the most interesting development was again revealed, in no uncertain terms; both the Lummi and Nooksack tribes have appealed -two years ago- to the Federal Government to clarify and quantify their most senior water rights. Who can blame them?

As today's Gristle pointed out, only the Feds have jurisdiction over such tribal matters, not the State of Washington; but it is critically important that WRIA-1 water rights be apportioned fairly, not only to ensure adequate In-Stream Flows, but to quantify those rights under jurisdiction of the WA State Dept of Ecology. Largely left out is the groundwater existing in aquifers, which are technically connected by hydraulic continuity, but difficult to completely quantify with the data currently available.

In mathematical terms; X - Y = Z, where X is the total amount of water available, Y is the total necessary In-Stream Flow, and Z is the amount of water available for all other uses. No one seems to know these quantities with any accuracy, or at least are not willing to share that information. But, a large amount of data have already been collected over the 7 years that the $4.5 million WRIA-1 program was fully underway, that could approximate at least the overall range of total water available -by season- in this large drainage.

Much of the uncertainty in the Symposium's title relates directly to this question of quantity, and the various sub-divisions of this quantity necessary to describe the various uses listed above. It is in the divvying up process that major conflicts will come to light, some to the detriment of those who have become accustomed to claiming water rights that either don't belong to them, or don't exist at all.
But, regardless of winners and losers, it is important to resolve this water rights problem sooner rather than later, because it will just get worse as time passes, thus creating more conflict and uncertainty.

One point deserves emphasis, while water law seems complicated, the concept of usufruct applies;  that means folks have the right to use the water, not own it. There is a finite amount of water that exists on this planet, and way less than 1% is potable. Our government consists of duly elected officials, whose duty is to face difficult problems like water rights - and resolve them in a fair, transparent public process!
So, be careful of who you support for elected office. It does matter that they be held accountable!

An earlier blog is worth revisiting, at this URL.

GPT: A Response to April 13 Bellingham Herald Article

As promised yesterday, here is my response to the following article, published in the April 13, 2013 Bellingham Herald: Terminal's family-wage jobs, taxes would aid Whatcom County(Authors: Brent Goodrich - Ferndale City Council and Bonnie Onyon - Blaine City Council)
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Article 1 of our Constitution ensures every citizen's right to free speech, including all manner of political or commercial speech that does not unduly malign either the public or other individuals.

Since both Mr Goodrich and Ms Onyon are not only citizens, but elected governmental representatives, what they have written doesn't appear to break any laws, except maybe those of good judgement and balanced accuracy. No, they are likely just expressing their opinions [wishes] while using their public status to influence others to support GPT, despite any drawbacks that plan may be found to have. 

I do find it interesting that the authors have admittedly reached their decision of unqualified support in advance - a priori - of completing the EIS evaluation; but maybe they think they know more than the rest of us, scientists and all? Maybe they do, but that seems highly unlikely.

As a retired Chemical Engineer and former elected member of the Bellingham City Council, I also have reviewed the GPT proposal in detail, and found enough insufficiently addressed or unanswered questions to cause major concerns for me as well as many others in Whatcom County and elsewhere.  A summary of 32 of these identified concerns can be found on the GPT EIS website listed under my name, for those interested.

The authors' un-equivocated acceptance of the most optimistic projections of job and revenue generation, happening immediately, also deserve much closer scrutiny! Perhaps, this factor alone explains their enthusiastic support for GPT, since no heavy lifting on their part is required for their respective municipalities to inherit large windfalls of heretofore unanticipated revenues.

Of course, these most optimistic projections are all predicated upon GPT being permitted, built and actually operated for decades; each of these steps are problematic at best. Even more important are the time delays implicit in the GPT timeline; the best projections will require 20 or more years before they might even be approached! Until that time, significantly less revenues would accrue to the Ferndale and Blaine entities expected (by the authors) to benefit the most from GPT. 

But, the other troubling aspect - entirely dismissed by the authors - is the lack of benefits accruing to other municipalities and entities that would be impacted by GPT and its related formidable array of supply trains and delivery vessels. That part, alone, is shocking, but don't forget yet another major omission, externalizing (ignoring) the costs of impacts on all municipalities and citizens as well as the local -and global- environment! 

In any business evaluation, a thorough cost/benefit analysis is a prudent, even essential, early step.

It's difficult to understand why the authors -and the proponents- would want to truncate this analysis and accept the additional risks to the public and environment that introduces, unless they consider their anticipated gains dwarf all other considerations. 

It appears the cost/benefit analysis these people propose applies only to the more limited local -and only positive- economics side of the equation, conveniently ignoring the equally important social and ecological considerations. For a truly sustainable venture to succeed, full-cost accounting (triple bottom line) is a necessity. That approach would provide a net benefit to everyone in the long-term, not just a few seeking quick, windfall profits and revenues at the expense of others.

Although the authors claim they've 'done their homework', they have miserably failed both the exam and the course! Did they not know that former WA Governor John Spellman, vetoed an earlier Cherry Point Terminal proposal over 30 years ago, stating that gaining a few jobs while badly degrading the environment was a bad trade-off that simply wasn't acceptable? In a Channel 9 interview on April 16, Spellman said he'd made the right decision then, and even though it did not benefit him politically, he'd make the same decision again - 'because it was the right thing to do'.

As the late Senator Patrick Moynihan once said, 'everyone is entitled to their own opinions, but not their own facts'. Let's be more careful of mixing up opinions with facts, because that practice can lead to very poor decision-making that will adversely impact us for many years to come. We citizens deserve consistently good decisions from our elected officials, based upon as thorough an understanding of facts  as possible, before personal opinions are expressed, and certainly before any permits are granted and potentially harmful applications are approved. 

If Mr Goodrich and Ms Onyon aren't up to this standard, why are they in office? Thank goodness they will not be the final decision-makers!

Passages

An unusually eventful day, this April 16;

• Scott Walker announced he will step away from being a Port of Bellingham Commissioner at the end of this year, his 22nd. This presents an opportunity to support candidates able and willing to step up to this task, something that has become a perennial wish for the last several years.
Know anyone?

• Ken Oplinger announced his resignation as Executive Director of the Bellingham/Whatcom County Chamber of Commerce and member of the Blaine City Council. He has accepted another CofC position in Santa Barbara, CA. Another opportunity to advocate for qualified people who are willing and able. Wonder if Santa Barbara will support a large Coal Export Terminal?

• The day after yet another tragic, terrorist-like event, this one at the Boston Marathon yesterday which killed at least 3 and injured over 170. The details are now emerging, but let's hope the perpetrators are found and punished to the full extent of the law.

• An interesting KCTS TV program with Enrique Cerna, who interviewed 4 former WA Governors; Dan Evans, John Spellman, Mike Lowry and Christine Gregoire. Spellman recalled his decisions to veto both the Northern Tier Pipeline and an earlier version of the CBI Cherry Point Terminal, saying he would do that all over again, because trading a few jobs for major environmental degradation was -and is- a bad idea. How's that for guts? BTW, Spellman is a Republican.

• I've been asked to write a Letter-To-Editor in response to a recent Bellingham Herald editorial authored by Brent Goodrich who serves on the Ferndale City Council and Bonnie Onyon who serves on the Blaine City Council. This will be submitted shortly, so stay tuned.

Coal: GPT Summary Scoping Report

Last Friday, March 29, the GPT MAP Team issued online, its Summary Scoping Report which incorporates the public Scoping Comments submitted during the 4-month period ending January 22, 2013.
This new141-page pdf document is available at this URL:

Earlier, Floyd Mackay published a 3-part series of articles on Crosscut, as shown following.
As usual, he nails what the key issues are and the likely process to occur looking forward.

Part 1.  Coal Wars: Export backers push jobs, try to limit environmental review

Part 2. Coal Wars: Port opponents make big use of access to information

Part 3.  Coal Wars: How voters are shaping their leaders' decisions

An additional Crosscut Article by Lisa Stiffler addresses the Puget Sound Herring decline issue.

Stay tuned for future developments during review of the Summary Scoping Report.
Decision-making could occur around this November according to a reliable source.

Water: White Smoke Over Whatcom County?

Having just watched the joyful ceremonies that confirmed the election of Pope Francis I in Rome, it seems we have also experienced our own 'white smoke' event here in Bellingham.
By all early indications, the election of Pope Francis I is being viewed as a very popular choice that emphasizes humility and the communication of true caring for all humanity.
A very worthy and timely choice, indeed!
-----------------------

Today's Gristle carried this story about the likely Reconveyance vote - before actual results were known.
Last night's County Council meeting was also live-blogged by Riley Sweeney, but, again, terminated before the actual decision was made.
But, this morning The Herald finished the story complete with the final vote.

Who knew that our Whatcom County Council would also tangibly demonstrate its commitment to a higher cause than the politics of division?
Like many others I had faith that the Council would eventually come to the right decision after several years of careful deliberation, but faith is always renewed by good acts that actually come to pass.
And so it was that the long-debated DNR Reconveyance of over 8 thousand acres of forestland around the Lake Whatcom Reservoir came to pass late last night by a recorded final vote of 5 to 2.
Thank goodness for that outcome!

Now, we have added assurance that we are on the right track in preserving a precious natural resource.
And, that future policy is more likely to follow and augment this example of forward-looking leadership, greatly aided and abetted by strong follower-ship by thousands of concerned citizens.
Next, comes a focus on more enlightened land use policies and storm water regulations that support the implicit policy of preservation that underlies last night's Reconveyance decision.

More very difficult decisions will be required to address the severe water degradation challenges identified by DOE's recent TMDL Report.
That means the Lake Whatcom Watershed must be viewed and treated differently than before; no longer to be considered as either an area for affordable housing or luxury mega-home sites for the wealthy, but a place to be respected for its critical importance as our long-term drinking water source.

Fortunately, de-emphasizing development of all sorts fits the idea of allowing this watershed to more closely mimic nature, which is known to be both the most effective and least expensive way to control harmful run-off into the Reservoir. An added benefit could be that additional properties will be made reasonably available for conservation purposes, thereby achieving a further desirable 'tipping point' in public opinion and perception.

I am thankful that the Reconveyance decision has been made, because it helps guide those additional right-minded decisions that must be made in the future.
---------------------------------

10 WATER LAWS OF THE WEST

During a recent visit to San Francisco, I had the pleasure of taking an ALL course about California's 'Water Wars', a fascinating subject that also has applicability to our situation here in Whatcom County. 

With long awaited County Council vote on the 8400-acre reconveyance of DNR forest lands around the Lake Whatcom Reservoir about to happen, perhaps a little humor tinged with reality is in order. Anyway, below is reprinted a copyrighted article by Hugh Holub that can also be accessed at this website. 

10 WATER LAWS OF THE WEST

Introduction: It does not take a law degree to understand water law and policy in the western United States. Ten basic legal and historical principles govern the rights to and uses of water in the West. By understanding these ten Water Laws of the West anyone can then understand the current issues of water and its relationship to the future of the West.

I. The Law of Gravity: The First Water Law of the West is the Law of Gravity. Water runs down hill. The initial uses of water in the West involved the use of gravity to tap rivers and divert their flows into canals for delivery to farms and mines. This is also known as Newton's Law.

II. The Law of Los Angeles: The Second Water Law of the West is the original law of Los Angeles. This L.A. Law states that "water runs uphill to money". The development of energy technologies to lift water against the pull of gravity is the basis for modern Western civilization. Los Angeles pioneered the effort to defy gravity with money in the early 1900's with its Owens Valley Aqueduct. Southern California is now served with a network of pipelines and canals such as the Metropolitan Water District's Colorado River Aqueduct. Phoenix, San Francisco and Denver also utilize massive pumping and diversion systems to transport water from great distances in defiance of gravity to serve their growing urban populations.

III. The Law of Supply Creating Demand: The Third Water Law of the West, also invented by Los Angeles, is that "if you don't have the water, you won't need it." This is sometimes stated as "he who brings the water brings the people". Both are attributed to William Mulholland, a pioneer director of the Los Angeles Department of Water & Power (DWP). Los Angeles and other Western cities operate on the premise that in order to assure growth of their cities, water supplies for the future must be developed well in advance of that growth. This is in contrast to the general approach in Western cities of developing freeways and other public infrastructure long after the growth has actually happened.

IV. The Law of I Got It First: The Fourth Water Law of the West, embodied in the West's surface water laws, is the doctrine of "prior appropriation" translated into "first in time is first in right". First in time for most water uses in the West were farms and mines. Instead of "first in time is first in right", we have seen the evolution of "we've got more votes than you in the state legislature" to decide who gets water.

V. The Law of Beneficial Use: The Fifth Water law of the West is that to have a right to water it must be "beneficially" or "reasonably" used on that appurtenant land. This is only understood in the context that water left flowing in a river maintaining the survival of fish in that river and vegetation growing along side that river was not originally defined as a "beneficial" use in Western water law, whereas drowning gophers or growing rice in deserts were deemed "beneficial" uses. In recent years, environmentalists have succeeded in gaining recognition of "in-stream" beneficial uses of water and a new category of water rights is beginning to emerge to preserve flows in rivers. However this process is emerging only after most rivers and streams in the West have been dammed and dried up by diversions of the flows to the previously established beneficial uses. To fully appreciate why this happened, it must be remembered that the fish in these streams only recently were able to obtain the services of water lawyers via various environmental and conservation organizations.

VI. The Law of Worthless Land: The Sixth Water Law of the West is that without a water right or access to water, land is worthless. There is not enough water available to use all available land for all the potential beneficial uses. Thus lands with water rights or access to water have value for use, whereas land without water rights is known as the desert, with zero value except when being subjected to state and local property taxation. It is also a historic fact that farmers, ranchers and miners figured all this out about a hundred years before the average city council or environmental group, thus most Western water laws are heavily weighted in favor of using water for farming, ranching and mining. This law is also known as the "appurtenancy" rule meaning the rights to the use of water are tied to specific parcels of land, which are usually owned by farmers, ranchers or miners.

VII. The Law of Expropriation: The Seventh Water Law of the West focuses on how water (and other natural resources) are obtained for Western civilization. This Law depends on finding some fairly impoverished and unsophisticated water right holder (usually Indians, farmers, or rural communities) on the other side of the mountain a city can steal water rights from. Los Angeles pioneered this approach by buying up the Owens Valley on the east slope of the Sierra Nevada for water rights nearly 90 years ago. What we are now experiencing is not so much a water shortage, but a shortage of people on the other sides of the mountains who are willing to let their water resources be stolen from them by cities.

VIII. The Law of the Price is Right: The Eighth Water Law of the West is that there is no water shortage if the price is right. It is widely believed in city halls that the farmers will sell their water rights if the price is high enough so the farmers can go raise martinis in La Jolla instead of cotton in the Salt River Valley of Arizona, or the Imperial Valley in California. Thus when someone asks "is there enough water for Los Angeles or Phoenix to grow?" the answer is probably yes--if you don't care about how much the water will cost.

IX. The Law of Water Monopoly: The Ninth Water Law of the West is that water management in an arid environment almost always results in the creation of a water monopoly. Thus (along with the discovery of fire and religion) the first steps towards civilization included the construction of irrigation ditches and the immediate creation of some sort of bureaucracy to run the system. Not surprisingly where irrigation water monopoly civilizations rose, they lasted for thousands of years. The Westlands Irrigation District in the Central Valley of California and the Salt River Project in Arizona are merely the modern counterparts of one of humankind's most ancient of institutions--the water monopoly. Many western urban areas figured out the value of water monopoly and created enormously powerful regional agencies such as the Metropolitan Water District of Southern California and the Central Arizona Water Conservation District in Arizona, to do essentially the same thing--building vast networks of canals to bring water to their constituents.

X. The Law of Vanishing Civilizations: The Tenth (or Last) Water Law of the West should be called the Hohokam Law of Water and Gravity. Under this law, if there is no rain, there is no water to flow down hill. What went up--the buildings and the civilization--may crumble to dust if Mother Nature decides to hold a long drought. Lying beneath the streets of Phoenix are the ruins of the ancient Hohokam Indian metropolis that vanished prior to 1400 AD. Phoenix is the second city to be built on the same site in reliance on the erratic flows of the Salt River. Californians prayed for rain for the last six years (apparently successfully) because they didn't have enough water to flush their toilets. Many Southern Californians had been heard to ask "what do you mean this used to be a desert?"

Conclusion: The principles that govern Western water law and policy have a long and somewhat distinguished history. It should also be noted that similar arid environment ditch-dependent civilizations ultimately collapsed under extreme environmental stresses, internal political conflict, and invasion by barbarian hordes. This is worth contemplating after a six year drought with various water interests fighting over who will get water in times of future shortages while the streets of Santa Monica or Scottsdale are filled with RVs with New Jersey license plates.

Coal: Bellingham's GPT Scoping Comments

Here is the text of a letter the City of Bellingham intends to submit as its latest comprehensive GPT EIS Scoping Comments:

December 12, 2012

GPT/Custer Spur EIS
c/o CH2M HILL
1100 112th Avenue NE Suite 400
Bellevue, WA 98004

RE: Scoping Comments for the Gateway Pacific Terminal Environmental Impact Statement

Dear Sir or Madam:

These scoping comments are submitted to you on behalf of the Mayor of the City of Bellingham and the Bellingham City Council.  The following comments are meant to address both on and off-site potential impacts of the Gateway Pacific Terminal (GPT) project to the City of Bellingham and its Urban Growth Areas and are organized according to the negative impacts the project may have on the City's Legacies and Strategic Commitments, as further discussed below and attached for your reference.

On July 23, 2012 the Bellingham City Council adopted Resolution 2012-22, which is attached to this letter. The Resolution highlighted the potential that additional off-site infrastructure within the City may be necessary for the GPT project to function as proposed at full-build out in 2026, which may adversely impact the City's ability to achieve its Legacies and Strategic Commitments.

Therefore, the City is providing the following specific scoping comments for consideration and inclusion in the Final Scoping Document in order to inform the various alternatives to be studied in the EIS.

1.   Please analyze the cumulative impacts of all currently proposed coal export facilities and/or dry bulk commodity terminals within Washington and Oregon in a Cumulative Impact Analysis pursuant to the National Environmental Protection Act. Specifically, please analyze the cumulative impact to existing freight and passenger train traffic capacity in Washington State as well as the cumulative impacts to natural and cultural resources resulting from the increase in freight train trips within Washington State and vessel traffic within Puget Sound, Georgia Straight and the Columbia River.  We acknowledge that the BP Refinery located within the Cherry Point Industrial Area has applied for permits to develop new railroad (loop) infrastructure on their own property. The proposed improvements are intended to accommodate a planned for increase in trains carrying crude oil from the Midwest to their facilities at Cherry Point. BP has forecasted that they expect one additional train every two days to travel on the BNSF line traveling through Bellingham to the Custer Spur and then to the refinery itself. Please include this additional train traffic in the Cumulative Impact Analysis. 

2.   Please analyze the increase in impacts to the health and welfare of the citizens of Bellingham including impacts from diesel emissions from trains and ships, coal dust, noise and the potential for increased rail/car and rail/pedestrian accidents through a comprehensive independent third party Health Impact Assessment. 

3.   Please analyze the impacts to existing freight train and passenger train service, including impacts to shared capacity by the addition of up to 18 additional bulk-commodity train trips per day on Burlington Northern Santa Fe (BNSF) railroad infrastructure (Bellingham Subdivision Mainline), between Mount Vernon, Washington and the GPT. 

4.   Please analyze the impacts to the elements of the environment, as specified in WAC 197-11-444, which would result from the construction / development of a new railroad siding partially or wholly within the City in order to facilitate / accommodate the addition of up to 18 additional bulk-commodity train trips per day on the Bellingham Subdivision Mainline (BSM) between Mount Vernon and the GPT. 

The following comments relate to the City's potentially affected resources and are categorized in relation to the City's Legacies and Strategic Commitments. The City expects these resources to be adversely impacted by the increase of up to 18 additional freight train trips traveling through the City of Bellingham every day at the time of full build out of the GPT. We request that the "increase" in impacts resulting from this action be analyzed through the EIS process for each element list below.

1. Please analyze the increase in impacts within an EIS to the following elements, related to the City's "Healthy Environment Legacy," which commits the City to protect the health of Bellingham Bay and its ecological functions, as well as reduce contributions to climate change:

• Marine species, vegetation and the water quality of Bellingham Bay and its pocket estuaries as a result of increased coal dust from open container cars and increased diesel particulates from locomotives;
• Marine species, aquatic vegetation and water quality due to an increase in vessel traffic and vessel anchorage;
• Air quality of park and recreation users related to increased dust and increased particulates from open container cars and locomotives due  to idling of those locomotives to the proximity of BSM to heavily used City park and trail amenities;  
• Upland wildlife habitat, connectivity and accessibility to park lands and greenway habitat corridors as a result of an increase in the amount, frequency and length of commodity trains;
• Air quality, the marine environment and upland vegetation, resulting from the various methods of handling, moving and storing coal and other similar commodities from the moment it arrives at the terminal via train to its deposition into the cargo vessel;
• Marine near-shore environment from an increase in noise and vibration due to additional, longer and more frequent freight train trips along the BSM; 
• Noise from increased train traffic on park users, riverine and estuarine fish and wildlife and related habitat; and
• Potentially unstable slopes located on or adjacent to public and private lands especially those within the Edgemoor, South Hill, Birchwood and Columbia Neighborhoods as a result of additional, longer and more frequent freight train trips along the BSM; 

1. Please analyze the increase in impacts within an EIS to the following elements related to the City's Legacy of "Vibrant and Sustainable Economy," which commits the City to support and promote a thriving local economy across all sectors, public and private investment as well as preservation of farmland and agricultural economy;

• Existing and planned land use and economic development potential within the City's Central Business District, the Waterfront District, Old Town and Fairhaven, all of which have development potential west of the BSM as a result of additional, longer and more frequent freight train trips;  

• Property values and assessments and the impacts to services resulting from a potential decrease in property tax revenue; 

• Job retention and creation within the City of Bellingham;

• Bellingham's economy from increased train traffic related to tourism use of public park property within proximity of the rail line;

• Tribal nations, local and regional fishing industries resulting from the increase in vessel traffic and marine infrastructure within the Strait of Georgia and the Cherry Point Aquatic Reserve. 

1. Please analyze the increase in impacts within an EIS to the following elements related to the City's Legacy of "Sense of Place," which commits the City to support and protect neighborhoods, historic and cultural resources, as well as natural settings and access to open space: 

• Resulting from additional freight train trips on the BSM on recreation resources and social benefits of the Bellingham parks and open space system;

• Impacts of additional, longer and more frequent freight train trips along the BSM, as well as related infrastructure, including fencing, signals, siding, tracking, to the quality of public parks, open space and trails, and to scenic water views;

• Impacts of potential expansion of tracking or sidings associated with the increased rail traffic on public park lands and access to those lands, including impacts due to acquisition and/or eminent domain of properties that have a potential for future public access;  

• Impacts of trains idling to adjacent park land, including public access, emergencies and operational access, noise, dust;

1. Please analyze the increase in impacts within an EIS on to the following elements  related to the City's Legacy of "Safe and Prepared Community," which commits the City to preventing and responding to emergencies and crime, as well as increasing community readiness and resilience:

• Paramedic response times and services of City of Bellingham's Fire and Police Departments as well as Whatcom Medic One and Fire District 7;

• Emergency response times for Medic One and Fire District 7 paramedics within and beyond the northern portions of the City;

• Safety of the general public resulting from  fire in a coal car, including idling locomotives and train derailments or collisions;

• Impacts resulting from accelerated wear and tear on the rails themselves, ties, supporting ballast, bridges, crossings and tunnels.

• Public access issues, including delays in emergency response time and operational access, caused by increased rail traffic, to existing and future park lands along the rail right of way;

• Existing rights of way, both opened and unopened, that provide access to public lands and shorelines;

• Public and private property resulting from any potential spill on land or water during transport, storage or handling, including any spill due to a ship collision. 

1. Please analyze the increase in impacts within an EIS on the following elements related to the City's Legacy "Mobility and Connectivity Options," which commits the City to providing safe and well connected mobility options for all users as well as increase infrastructure for non-vehicular modes of transportation:

• The safety of park users as a direct result of increased rail traffic.  Many existing legal access points to parks and trails involve at-grade rail crossings;

• Mobility and connectivity between on-street and off street non-motorized pedestrian and bicycle systems;

• Existing and proposed trail systems, including the Coast Millennium Trail, Bay to Baker Trail, Nooksack Loop Trail, all of which are identified in the City's Comprehensive Plan as well as proposed trail systems and linkages within and along the shoreline in the Waterfront District;

• Crossing safety for pedestrians, bicyclists, transit buses, automobiles, and freight delivery vehicles;  

• Traffic congestion backing up into other intersections, blocking access to side streets, alleys, and driveways;

• Access to and from Amtrak passenger trains, the Alaska Ferry Terminal, other marine transportation tenants stationed at the Bellingham Cruise Terminal, the Community Boating Center and the Port of Bellingham's Fairhaven boat launch facilities and the effect on Bellingham's tourism income.

• The following at-grade street crossings all within the City limits:

• Harris Avenue (Fairhaven)

• 6^th Street north of Harris Avenue (Fairhaven)

• Bayview Drive (Boulevard Park) 

• South Bay Trail @ Boulevard Park

• Pine and Wharf Street (Waterfront District)

• Cornwall Avenue (Waterfront District)

• West Laurel Street (Waterfront District)

• Central Avenue (Old Town)

• “C” Street (Old Town)

• "F" Street (Old Town)

1. Please analyze the following items related to the City's Legacy "Quality, Responsive City Services," which commits the City to delivering efficient, effective and accountable services, and transparent processes to involve stakeholders in decisions:

• Associated costs of transportation improvements necessary to mitigate safety, congestion, and access issues resulting from an increase in freight train trips as part of the GPT proposal.

It is important to note that the City concurs with the October 22, 2012 letter from Buri, Funston and Mumford Attorneys at Law, which asserts that the GPT proposal is a "major development" as defined in Whatcom County Code (WCC) 20.88.010 and therefore is required to satisfy the "major development criteria," as specified in WCC 20.88.130.

As the project qualifies as a major project, the applicant is responsible for demonstrating   compliance with the criteria listed in WCC 20.88.130, including a showing that the project will not impose uncompensated requirements for public expenditures for additional utilities, facilities and services, will not impose uncompensated costs on other property owned and will be appropriately responsive to any EIS prepared for the project. 

It is vital that any off-site infrastructure that is necessary for the project be considered as part of the project proposal itself, as required by WCC 20.88.130(6).  If the Washington State Department of Ecology, the Army Corps of Engineers and Whatcom County (the "Co-Leads) does not require that the off-site infrastructure be considered as part of the project, then that infrastructure should be included as a condition precedent to the establishment of the major development, as required by WCC 20.88.140 or, considered as a reasonable alternative to the proposal and be analyzed pursuant to both SEPA and NEPA.  

The City looks forward to the inclusion of the study of these potential impacts as part of the GPT project EIS.

Sincerely,

Kelli Linville Terry Bornemann
Mayor City Council President

Attachments: Legacies & Strategic Commitments
                    Resolution 2012-22

[Note: these two attachments are pdf documents which I could not figure out how to display here. 
They will be available on the City's website]
=================================================
Recent published articles on Coal Export:


Coal train impacts feared along the Sound | Crosscut.com

Seattle turns out to oppose proposed coal port | Crosscut.com

More than 2,000 attend coal terminal hearing in Seattle | Cargo Terminal | The Bellingham Herald

EarthFix · Oregon Public Broadcasting

Coal-export hearing packed, mostly by opponents | Local News | The Seattle Times

Seattle PR firms are doing “coal’s dirty work”: study | Strange Bedfellows — Politics News - seattlepi.com

Get Whatcom Planning

SEATTLE: Protests ahead of Wash. coal terminal hearing | Northwest News | The Bellingham Herald

Hearing on Gateway Pacific coal project draws hundreds in Vancouver | Cargo Terminal | The Bellingham Herald

Look Who’s Taking Coal Money | Sightline Daily

Coal ports are bad idea for both Washington and China | Crosscut.com

EarthFix · Where Coal Divides, Community Remains · KUOW

Waterkeepers Join Thousands at Final Public Hearing on Proposed Coal Export Terminals – EcoWatch: Uniting the Voice of the Grassroots Environmental Movement

Debate over coal exports leaves out some communities along route, critics charge | Cargo Terminal | The Bellingham Herald

Ship crashes into dock at Westshore Terminals, spilling coal into water (with video)

Video: Sightline on Coal Exports | Sightline Daily

City calls on Port Metro Vancouver to delay coal export expansion | The Vancouver Observer

Planned Oregon coal export terminal would exceed pollution standards, Sierra Club charges | OregonLive.com

Coal supporters make their push | Crosscut.com

Coal backers hire temp workers to stand in line - Spokesman.com - Dec. 4, 2012