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HomeMy WebLinkAboutCouncil October 25 20111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council October 25, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (7:01:07 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Tony Larson. Absent: None. FLAG SALUTE ANNOUNCEMENTS (7 :02:20 PM) Crawford announced the following items discussed in executive session during the Committee of the Whole meeting: 1. Discussion regarding potential property acquisition for the Flood Control Zone District (AB2011 -341) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Kershner moved to authorize the Executive, acting on behalf of the Flood Control Zone District Board of Supervisors, to move forward with and complete acquisition of two properties in Marietta, as long as the purchase prices don't exceed the amount discussed in executive session. The motion carried by the following vote: Ayes: Brenner, Crawford, Knutzen, Kershner, Weimer and Larson (6) Nays: Mann (1) 2. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2011 -018) 3. Discussion regarding potential litigation (AB2011 -018) SPECIAL PRESENTATION (7 :04 :09 PM) Debbie David introduced Naimen David, a young man with multiple sclerosis who is a poet, motivational speaker, and community activist. Whatcom County Council, 10/25/2011, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Naimen David recited his poetry. MINUTES CONSENT (7 :14:30 PM) 1. REGULAR COUNTY COUNCIL FOR OCTOBER 11, 2011 Knutzen moved to approve the minutes. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) OPEN SESSION (7 :15 :11 PM) The following people spoke: • Michael Guerin submitted a handout (on file) and spoke on damages to his property by Planning and Development Department staff. • Brad Owens, Northwest Washington Building and Construction Trades Council President, submitted and read from a handout (on file) and spoke on the issue of local construction worker unemployment and the Gateway Pacific Terminal. • Chris Johnson, Labors Local 276 Business Manager and Northwest Washington Building and Construction Trades Council Vice - President, spoke on the issue of local construction worker unemployment and a hearing on the Gateway Pacific Terminal. • (Clerk's Note: The speaker following Chris Johnson requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Leroy Rohde, Longshoreman Local 7 President, spoke on the issue of local construction worker unemployment and a hearing on the Gateway Pacific Terminal. • John Lesow submitted a handout (on file) and spoke on the Growth Management Coordinating Council. • Greg Brown spoke on Consent Agenda item six (AB2011- 279A), the issue of the Berk & Associates contract. • Ron Reimer, Citizens Alliance for Property Rights President, spoke on the issue of local control. • Hugh Foulke, Ferndale School Board candidate, spoke on the issue of the Gateway Pacific Terminal. • Lynn Barton spoke about anonymous people who videotape the Council meetings. • Jim Groves spoke on the industrial facilities at Cherry Point and the Gateway Pacific Terminal. • James Spike spoke about anonymous people who videotape the Council meetings and the Gateway Pacific Terminal. Whatcom County Council, 10/25/2011, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PUBLIC HEARINGS 1. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT (AB2011 -328) (7:42 :02 PM) Erin Osborn, Planning and Development Services Department, submitted and read from a presentation (on file) and gave a staff report. Crawford opened the public hearing and the following people spoke: John Lesow stated he voted in favor of the Kaplan application as a Planning Commissioner. It's important to see the land they're voting on. He referenced an October 24, 2011 email to the Council (on file). Retain access to an historic cabin that is contiguous to the property. Approve the Kaplan application. Karen Howell, open space land applicant, described her property, which is recommended for approval. Jeff Poe, open space land applicant, described his property, which is recommended for denial. Eli Dewitt submitted a handout (on file) and spoke about the Kimball open space application, which is recommended for approval. Tom Copeland stated he is in favor if the Kimball open space application. It is now used as a public recreational space. Will Honea, Barron Smith Daugert Law Firm, stated he represents the Hicks application. He thanked staff for working with Mr. Hicks. The County will receive an easement that provides access to Galbraith Mountain in perpetuity. People currently use the access. Approve the Hicks application. Carole Hobson, open space land applicant (Kaplan), submitted a handout (on file). Approve the Kaplan application. Unidentified speaker with Carol Hobson described the open space designation history of their property. Clare Fogelsong, City of Bellingham, stated approve the City of Bellingham application. He described the City's acquisition properties. Speaking as a citizen, he supports approval of the Hicks property. Hearing no one else, Crawford closed the public hearing. (8:12:09 PM) Knutzen moved to approve the resolution recommended by the Planning and Development Committee. Brenner moved to amend to approve the Kaplan application. Whatcom County Council, 10/25/2011, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Crawford asked if there are conditions associated to the Kaplan application. Osborn described the conditions, including public access shown on maps, posted open space sign, and a public access statement and proposed rules of conduct. Brenner stated add a condition that this property is listed as County parkland. Crawford stated that's not a typical open space condition. They can talk about a policy change for calculating park space for the Growth Management Act (GMA), but it is out of the scope of this hearing. Kershner asked for a description of the tax shift when properties receive an open space designation. Osborn described the tax shift to other properties. Kershner stated she is very selective in approving applications, and will only vote for applications with public benefit being actively used. Knutzen asked if they will change the underlying zoning or if the Kaplan parcels will be combined at some point. Osborn stated tax parcel numbers were inadvertently assigned to portions of the parcel in the past, which may have caused some confusion. There is a difference between a tax parcel and a lot of record that can be sold. Weimer asked if they are talking about the center parcel that is already designated open space land. Osborn stated they are. Weimer asked if the two bookend parcels were designated open space, but that ended mistakenly when there was a sale. Osborn stated that is correct. Brenner stated the Kaplan land is perfect for park land. The owners want to allow people to access their property. The motion to amend carried by the following vote: Ayes: Brenner, Mann, Crawford and Weimer (4) Nays: Knutzen, Kershner and Larson (3) Larson stated he supports all the open space timber applications. For the others, there needs to be a compelling reason to eliminate someone's taxes and transfer the tax to the neighbors. Only the Hicks application meets that criterion. He doesn't support the rest. Kershner moved that the City of Bellingham application condition regarding a waiver be removed. The public should be able to access the land. It is right next to the Stimson Reserve. There is a demand for public access in that area. Crawford asked if the City will withdraw its application with a public access requirement. Osborn stated the request is due to wetlands on the site and no ability to measure traffic. The City will allow a posted open space sign, which promotes public awareness of open space lands in the county. The score for public access is small. Crawford stated the public benefit in this case is different from public recreational use. The benefit is the City's land acquisition program in the watershed. There are wetlands, slopes, and an osprey nest. People can enjoy the view of the area without accessing it. He has reservations about the City's acquisition program, specifically how the City recognizes value in relation to the amount of money it spends on the properties. He is willing to make this as cost effective as possible for the citizens. Whatcom County Council, 10/25/2011, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Weimer stated he is against the motion. The land will have access, but the City doesn't want to advertise it. Kershner asked if the public is allowed on the land. Osborn stated the City doesn't want to advertise access. The City wants to manage access through their own methods. It's up to the applicant to propose an access plan. In this case, the City will post a sign. The City may allow pre - planned gatherings. Knutzen stated the City application is to change from open space timber to open space land. Osborn stated that is correct. The motion failed by the following vote: Ayes: Kershner and Larson (2) Nays: Brenner, Mann, Crawford, Knutzen and Weimer (5) Larson moved to deny the Richard and Susan Kimball application. Kershner stated the Search and Rescue uses the property for training exercises. She is opposed to the motion. Mann asked if there is a home site on the property. Osborn stated there is a residence and cottage industry on the property, which is zoned agriculture. Crawford stated properties designated open space agriculture have to generate a certain income, which can be difficult. Therefore, owners sometimes want to change to another designation. The motion failed by the following vote: Ayes: Larson (1) Nays: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6) Larson moved to deny the City of Bellingham application. Brenner asked if land owned by the government has a different value. Osborn stated the issue is that the request is to transfer the designation, because it no longer qualifies for the open space timber designation. Otherwise, the City will have to pay back - taxes. Knutzen stated he supports the motion. The County has never forced someone to harvest their timber. This just changes the tax burden. Either way, the timber will never be harvested. The motion failed by the following vote: Ayes: Knutzen and Larson (2) Nays: Brenner, Mann, Crawford, Kershner and Weimer (5) Larson moved to deny the Karen Howell application. Brenner asked for a description of the application. Osborn described the property. Kershner asked if the tax shift amount is approximately $8,000. Osborn stated that if the Council approves, the owner's taxes will go up. Agricultural land has a higher value Whatcom County Council, 10/25/2011, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 per acre, and the assessed value will go up. That's the reason for the Planning Commission's recommendation for approval. Knutzen asked if it is open space timber or designated forest land. Osborn stated it is designated forest land being changed to open space timber. Knutzen asked about a timber management plan for the open space timber designation. Osborn stated the property owners want to maintain the land in a naturally regenerated state. They don't want to use it for agricultural or timber purposes. Mann asked if the applicant knows the taxes will go up. Osborn stated the applicant knows. Crawford asked the reason the applicant would want to apply, if the taxes will go up. Osborn stated the reason is preservation. Larson withdrew his motion and stated there is an amazing amount of open space designated land in the county, and the taxes are shifted to others. The motion to approve as amended and corrected carried by the following vote: Ayes: Brenner, Mann, Crawford and Weimer (4) Nays: Knutzen, Kershner and Larson (3) CONSENT AGENDA (8:49:46 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one, two, four, and five. Item six is held in committee. Item three is the Council acting as the Flood Control Zone District Board of Supervisors. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO PROVIDE SHELTER PLUS CARE LEASING SPECIALIST SERVICES FOR LONG TERM RENTAL ASSISTANCE TO HOMELESS PERSONS WITH SERIOUS MENTAL ISSUES, IN THE AMOUNT OF $31,326 (AB2011 -335) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST DATA SUPPORT FOR TECHNICAL SERVICES ASSISTANCE WITH CREATING ANNUAL FEE ROLLS FOR 2012 AND 2013 FOR THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM) DISTRICT, IN THE AMOUNT OF $23,299.35 (AB2011 -336) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE, ACTING ON BEHALF OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT, TO ENTER INTO A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR ANNUAL OPERATION AND MAINTENANCE OF THE COUNTY'S STREAM GAGE NETWORK IN THE AMOUNT OF $76,820 (FCZD SHARE IS $62,400) (AB2011 -337) (8:51:09 PM) Whatcom County Council, 10/25/2011, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND BLACK MOUNTAIN FORESTRY CENTER TO LEASE APPROXIMATELY 5 ACRES AT SILVER LAKE PARK FOR PUBLIC EDUCATION EXHIBITS AND PROGRAMS ON FORESTRY, IN THE AMOUNT OF $1.00 PER YEAR (AB2011 -338) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR WHATCOM COUNTY HOMELESS SERVICE CENTER HOUSING AND ESSENTIAL NEEDS PROGRAM, IN THE AMOUNT OF $1,933,640 (AB2011- 339) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BERK & ASSOCIATES TO PROVIDE CONSULTANT SERVICES TO IMPLEMENT INCENTIVE DEVELOPMENT TASKS FROM THE AGRICULTURAL STRATEGIC PLAN AND FACILITATE THE RUCKELSHAUS DECISION - MAKING PROCESS (AB2011- 279A) OTHER ITEMS 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AMENDMENT TO A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY TO CONTINUE THE JOINT SHARING OF COSTS FOR FACULTY POSITIONS IN WSU EXTENSION, IN THE AMOUNT OF $83,542, FOR A TOTAL AMENDED AMOUNT OF $931,458.90 (AB2011 -323) (8:52:07 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, TENTH REQUEST, IN THE AMOUNT OF $338,191 (AB2011 -329) (8:53:18 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. He was not satisfied with the information from the Health Department staff about how they are moving the money around. Whatcom County Council, 10/25/2011, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Crawford stated it is 2061 money that will be used sooner rather than later. It is dedicated money to support homeless housing initiatives, which is what it is being used for. Brenner stated the income of the same individuals being helped is less, so it requires more of a shift. The money is already set aside. Mann stated the staff explanations were inadequate for his purpose. The motion to approve carried by the following vote: Ayes: Brenner, Crawford, Kershner, Weimer and Larson (5) Nays: Mann and Knutzen (2) 3. NOMINATION AND APPOINTMENT TO FILL VACANCY ON BOARD OF EQUALIZATION, DISTRICT 3 - APPLICANT(S): MARY JANE ANDERSON (AB2011 -276) (8:55:58 PM) Brenner moved to appoint Mary Jane Anderson. Ms. Anderson has been on the Board before, and does an excellent job. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 4. NOMINATION AND APPOINTMENT TO FILL VACANCY ON BOARD OF EQUALIZATION, ALTERNATE AT -LARGE - APPLICANT(S): WES VAN DEMARK (AB2011 -276) (8:56:56 PM) Knutzen moved to appoint Wes Van DeMark. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) S. RESOLUTION CLARIFYING THE INTENT OF WHATCOM COUNTY ORDINANCE 2010 -067 (AB2011 -317) (8:57:23 PM) Larson moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6) Nays: Weimer (1) 6. REQUEST COUNCIL CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTEE FOR COUNTY CLERK PURSUANT TO PROCESS OUTLINED IN COUNTY CHARTER SECTION 3.61 AND AS PART OF A COMBINED ROLE JOINTLY RECOMMENDED AND AGREED BETWEEN THE COUNTY EXECUTIVE AND THE PRESIDING JUDGE OF THE SUPERIOR COURT ON BEHALF OF THE SUPERIOR COURT JUDGES (AB2011 -342) (8 :58 :21 PM) Crawford asked for a staff report. Whatcom County Council, 10/25/2011, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Dewey Desler, Deputy Administrator, gave a staff report and explained the recommendation to consolidate three positions, Superior Court Administrator, County Clerk, and Juvenile Court Administrator, into one position. It will be more efficient and save costs. Brenner asked about a previous discussion to eliminate the Superior Court Clerk position. Desler stated the County Clerk position is defined in the County Charter. Brenner asked if the title is the same as the title of the person retiring. Desler stated it is. The appointee will take on those positions plus the Juvenile Court Administrator position. Knutzen moved to confirm the appointment. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF CHRIST THOMSEN TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE (AB2011 -343) (9:03:34 PM) Mann moved to confirm the appointment. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) INTRODUCTION ITEMS (9:03:58 PM) Knutzen moved to accept the Introduction Items, including a fourth item from the Committee of the Whole meeting. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7) Nays: None (0) 1. ORDINANCE GRANTING ASSIGNMENT OF A NON - EXCLUSIVE FRANCHISE TO WAVE DIVISION I LLC TO ALLOW FOR THE CONTINUED PROVISION OF TELECOMMUNICATION SERVICES (AB2011 -344) 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC) FROM R10A TO RSA (AB2011 -345) 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC) FROM R10A TO TC, AND AMENDING THE COMPREHENSIVE PLAN LAND USE DESIGNATION FROM RURAL TO RURAL TOURISM (AB2011 -346) 4. ORDINANCE AMENDING ORDINANCE 2011 -013 TO AMEND PORTIONS OF WHATCOM COUNTY CODE (WCC) TITLE 20 RELATED TO RURAL DEVELOPMENT REGULATIONS (AB2011 -348) Whatcom County Council, 10/25/2011, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 OTHER BUSINESS (9 :05 :37 PM) Mann stated public concerns about anonymous people who videotape Council meetings are legitimate. Crawford stated these are open public meetings. He prefers to allow any record that people choose to keep, as long as it does not disturb the meeting. The meetings are televised already. He doesn't care to limit folks who record the meeting any way they want to. If 70 people tried to video record the meeting, as was suggested, that might disturb the meeting. Knutzen stated he understands allowing people to record and also how it may make people uncomfortable. The Council could delegate them to the front row to record. Kershner stated they could approve a policy that people ask permission before videotaping meetings. Crawford stated he could agree to that, as Chair. He asked that it be up to the Chair's discretion. Knutzen stated it could be considered a matter of etiquette. Mann stated he would like to know who the people are. It's reasonable for people to find out when they ask. (9 :11 :17 PM) Kershner referenced her draft letter from the County Council to the City of Bellingham in response to four questions posed by the City on September 23, 2011 regarding the Yew Street reserve area. She asked if the councilmembers have had a chance to review it. Crawford stated it is an issue for the Executive to address. Councilmembers have been interested in reinstating the Yew Street urban growth area (UGA). The City's issue is stated in a letter from the Mayor in July 2010 and also this fall. The City has said that the County has done nothing to respond to the City's concerns. He is comfortable sending the draft letter as long has the Planning staff has had a chance to review the draft letter. The most objective review comes from the Planning Department. The Council should request the Executive to ask the staff to review and comment on the draft letter. Dewey Desler, Deputy Administrator, stated he will bring the draft letter forward to the Executive. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9 :15 :09 PM) Knutzen reported that he advises people to drive carefully home tonight, especially due to cows wandering loose on H Street. Larson reported that the group of women honored at tonight's Whatcom Women in Business event are phenomenal. Whatcom County Council, 10/25/2011, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ADJOURN The meeting adjourned at 9:16 p.m. The Council approved these minutes on November 22 , 2011. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council(g-.o.w hatcom .wa.us Whatcom County Council, 10/25/2011, Page 11