HomeMy WebLinkAboutSpecial Council August 24 20101
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
Special County Council
August 24, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 6:30 p.m. at the Beach
School, 3786 Centerview Road, Lummi Island, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Bill Knutzen, Ken Mann, and Carl
Weimer
Absent: Kathy Kershner and L. Ward Nelson
FLAG SALUTE
TOWN HALL MEETING
1. UPDATE ISLAND RESIDENTS ON THE STATUS OF LUMMI TRIBAL LEASE
NEGOTIATIONS (AB2010 -078)
Presentation by County Administration Regarding Ferry Lease Option Costs and Overall
Ferry System Financial Projections
(Clerk's Note: The first five minutes of the meeting were not audio recorded.
Minutes are transcribed from the Clerk's notes.)
Bob Busch, Lummi Island Fire District, explained emergency evacuation to the very
large group.
Pete Kremen, County Executive, stated he is encouraged because he believes that
the Lummi Nation is still open to meeting with Whatcom County and open to negotiations.
He understands the angst, frustration and fear of this issue. He remains optimistic. He has
asked the Bureau of Indian Affairs (BIA) for assistance in the form of a federal mediator, if
necessary. He copied his request to federal legislators, Rick Larsen, Patty Murray, and
others. It is important to let people know where the County is in the negotiations. Public
Works Director Frank Abart will give a presentation to help folks understand the issue.
Frank Abart, Public Works Department Director, submitted and read from a
presentation (on file). The State sets aside $500,000 per year to be divided amongst the
three counties with ferry operations. Originally, it was to cover 50 percent of ferry losses.
Today, it covers less than ten percent of the loss. Over the last couple of decades, that
$500,000 has never increased. A number of repairs were done to the ferry in 2009 that
added to the total expenses for that year. The County is supposed to generate enough
money from fares to keep the ferry fund balance at approximately $1.6 million. Every year
that the ferry fares don't generate 55 percent of the operating expenses, the ferry fund
balance decreases.
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
Town Hall Meeting
Tip Johnson, 2719 Donovan, Bellingham, stated he has friends and family on the
island. Right -of -way through Hales Pass to Lummi Island was federally approved in 1920.
The dock is a federally- approved navigational facility to accommodate that right -of -way.
The Whatcom Chief is an enrolled and licensed vessel of the United States. Nothing
suggests the Lummi Nation can subvert those approvals, especially over claims to tidelands
owned by the federal government that made all the approvals. In addition, the County has
twice purchased those tidelands. Nothing says the Lummi Nation can restrain trade and
commerce; obstruct navigation; interfere with U.S. vessels or; charge inequitable, arbitrary,
discriminatory, and injurious tolls unrelated to improvements. The County is negotiating
with the wrong party. Federal policy is that local jurisdictions not negotiate historic disputes
with tribes. A lease is the wrong instrument. It doesn't work. If the Lummi Nation has a
claim to those federal tidelands, they need to be compensated by the federal government.
Whatcom County has met all the requirements for that right -of -way. Fix the problem with
the right -of -way.
Mark Sexton, 1253 Jamison Street, Lummi Island, submitted and read from a
handout (on file). They need intervention and action from the federal government. Engage
in mediation by a qualified, impartial party. He is in favor of seeking mediation assistance
and alternate sources of funding from the BIA. Find long term solutions for a variety of
issues including parking and boat replacement.
Polly Hanson, 2781 West Shore Drive, Lummi Island, stated the federal government
and State should step in and help. Mother Nature has her role to play. Global warming is
causing ice to melt and sea level is rising. The current dock is at the current sea level. The
dock will be under water in several years. Hard science says that global warming and
melting ice is happening right now. She thanked everyone for working so hard on this
issue.
Nancy Ging, 3113 Tuttle Lane, Lummi Island, stated two things are missing in the
contract terms. The first thing missing is parking. The County only has cash to negotiate
with. Nothing will stop them from using the parking lease negotiation in 2012 this same
way. Parking must be part of the agreement. The second thing missing from the contract
is a renewal process. If the current contract that has been deemed invalid been valid, they
would have had mediation. Give them what they're asking for if they include those two
things. Also, base annual lease increases on the average wage in Whatcom County instead
of on the consumer price index (CPI).
Myra Ramos, 2877 N. Nugent Road, Lummi Island, stated she has questions about
an email between Carl Weimer and Frank Abart regarding ferry taxing district. She asked if
such a district would require approval of the voters. She asked if the entire County would
vote or just the Lummi Island residents, if a vote were required.
Crawford stated the Council has the authority to form the district specific to Lummi
Island and levy the tax up to 75 cents per $1,000 of assessed property value. It would
generate about $200,000 annually.
Ramos asked to what purpose would those tax revenues be directed. and who
decides that purpose.
Abart stated it can be used for operating expenses. Revised Code of Washington
(RCW) 36.54 covers the details of that ferry tax. It would fall on all property owners.
Special Whatcom County Council — Lummi Island Dock Negotiations, 8/24/2010, 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
52
53
Kremen stated he wants to find out what the Lummi Island residents think of all the
options and tools. The residents can help the County determine the best course of action.
The County will act accordingly. He understands the concern of a heavy- handed council
levying a tax that would be against the wishes and will of those affected. It is one tool that
can be used.
Ramos stated she hasn't had a lot of time to think about such a district, but would
want an opportunity to comment on the option. How the funds would be used is a big
matter. They are potentially looking at major fare increases. It would influence how taxing
revenue would be used. If fare increases drive people off the island, the tax revenues
should help to make up the difference.
Abart stated that if that tax is in place, it can only be used for ferry operations, not
channeled elsewhere.
Duncan McLane, Lummi Island Fire Chief, stated the department is an all- volunteer
department, many of who work in town. Operations are designed around the ferry. He
described the fire department operations. The department responded to a vehicle fire
yesterday that spread to a building and surrounding trees and vegetation. Ten volunteers
responded. They stopped the fire from spreading, with help from community members who
worked on surrounding grass fires. Full extinguishment required two additional fire engines
from District 8. It took District 8 thirty minutes to arrive. Without a ferry terminal at
Gooseberry Point, receiving aid in a reasonable amount of time won't happen. It could
increase the chance of higher property losses.
Michelle Luke, 3342 Sunrise Cove, Lummi Island, stated she moved to Lummi Island
because of the long -term history of ferry service to Gooseberry Point. Don't reduce
services. She supports and encourages federal help. She asked what will happen when
October 15 comes and there is no agreement.
Kremen stated he contacted the BIA because this is ultimately a federal issue. In an
ideal world, the Lummi Nation and Whatcom County would resolve this issue without having
to call the federal government. He wants to demonstrate to the BIA and the congressional
delegation that Whatcom County is bargaining in good faith, and the County has proposed a
generous offer. When October 15 comes and if there is no resolution, the BIA will be aware
that Whatcom County has made a very generous offer. He hopes that will help convince the
BIA to allow the County to continue service while they continue to work on a resolution.
Mann stated he knows the islanders all want to keep the existing level of service with
the current ferry at an affordable rate. Executive Kremen is working very hard to achieve
that. He would like feedback on what happens if the County must make decisions beyond
that. He asked what type of fare increase the residents would accommodate and how
averse they are to the risk of involving the federal government and a more adversarial
position. He wants to know what they think of the option of sending the ferry to Fairhaven
instead of Gooseberry Points. He asked how much more the residents are willing to pay to
keep the ferry at Gooseberry Point rather than going to Fairhaven.
Brenner stated she would rather keep her comments until the end.
Don Wines, 2219 N. Nugent Road, Lummi Island, asked if he can get some
assurance from the Council that the comments from Tip Johnson be answered soon in an
convenient format. There has to be some legal opinions to those comments. A portion of
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
the problems they're dealing with now were caused by the failure to fully- administer the
lease of 25 years ago by the then - current administration. It's unfair for this community to
bear the total cost of that failure by the County administration 25 years ago. If the County
administration had done their job 25 years ago, the probable additional expense at this time
would be much smaller. Consider that point when calculating ferry fares and the allocation
of costs. He asked about the 2009 ferry operating expense. The $2.5 million of cost
includes $1 million for labor and the rest for other operations. He asked if the Equipment
Rental (ER &R) interfund of $600,000 is partially for the passenger boat rental during dry
dock. He asked about the expense for professional services in the amount of $120,000. He
questions the 40 percent level of benefits for the laborers. That is extremely high.
Abart stated the ER &R expense pays for fuel, maintenance, and similar expenses. It
also pays for dry dock repairs. There is a separate fuel account for the operation of the
passenger -only ferry that operates on a separate contract. The professional services item is
to pay for any marine - related repairs to specific failures of the ship or docks. The County
doesn't have in -house expertise to deal with those. Labor benefits are standard
countywide.
Wines asked how the expense of $200,000 for repairs and maintenance different.
Abart stated that cost is probably for dock repairs and maintenance, as opposed to the
ER &R fund, which is machinery - related for the ferry itself.
Crawford stated the negotiating approach has always been to negotiate something
with the Tribe without wielding a heavy legal hammer. They felt it was better to negotiate.
In hindsight, they may end up in a legal situation with the Tribe if federal negotiation
doesn't work.
Bud Jewell, 3805 Centerview Road, Lummi Island, stated he is concerned about the
affect to the use of the ferry from people who depend on it to get to and from work. He
asked if the County owns the approach to the Gooseberry dock. He asked why the County
is willing to pay money to the Tribe, if the County does own the approach. He asked why
the County proposes paying $200,000 per year, which is far above the appraisal amount of
the tidelands. The higher the ferry fare rates, the lower the use. Walk -on passengers will
never financially support the ferry.
Abart stated the County owns a fragmented portion of the approach. The County
owns about one -third to one -half of the approach. The County doesn't own the whole thing.
Neither does the Tribe. The County doesn't own the tidelands that the dock structure
crosses. When they walked into negotiation, $200,000 was a small amount compared to
everything else that was being discussed at the time. That's what it would take to keep it
running.
Brenner stated she voted for that amount as a temporary, interim contract. She
didn't like it, but voted for it to keep the ferry going.
Kremen stated the $200,000 figure included language that either party would be
reimbursed and made whole for whatever amount was finally agreed to.
Crawford stated they'd already agreed to keep the ferry going in February for an
amount that equals $200,000 per year. It is approximately three times the appraised
value. It can be carried over many years and accommodate any concerns about whether
it's tied to a particular scale. Over 25 years, it would be more than adequate compensation.
It was a very fair offer. The Council didn't decide on the offer casually.
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
53
Jewell stated they are now talking about $200,000 per year, not any carryover.
Robin Richardson, 3837 Legoe Bay Road, Lummi Island, stated it's very important to
have a much longer timeframe than 25 or 35 years. Many have worked hard to purchase
and keep their property for their children and grandchildren. Their rural, family lifestyle is
important. She can't believe they don't know clearly who owns the tidelands. That is not
an adversarial stance. It's being informed and knowing what's fair. That is what the law is
based on. She asked if there is a treaty. It has to be in writing. Go into a negotiation with
full knowledge of what they're negotiating.
Crawford stated that until it is litigated in court, the issue the ownership will not be
clearly decided. They have been assuming it's valid. There is a risk to going to court.
Attorneys agree in concept that, barring litigation, the leaseholder is entitled to collect
payments for the use of their land and water.
Richardson stated there is a treaty that gives the County access.
Crawford stated the Tribe is saying they own it, the County doesn't have a contract,
and the County can't come onto the property.
Richardson stated look at the records. Involve the BIA and Secretary of Interior.
Crawford stated they've done that.
Brenner stated the problem is that there are many different records. The
Councilmembers are not attorneys. The Council is relying on one attorney. Other attorneys
have different opinions. They want to avoid litigation if possible. It would be expensive.
She wouldn't avoid litigation to just keep paying an amount that isn't fair.
Kremen stated Prosecuting Attorney Dave McEachran has been looking at this for
years. His opinion, is that it is in the County's best interest to not litigate. Litigation is long
and costly. They may not prevail, and the costs would be extremely high.
Richardson stated the residents of the Island are the ones who will pay for whatever
contract is agreed to. Get direct answers to those questions from the Secretary of the
Interior and BIA. Take those answers and make the decisions. They don't go to court until
the know they have a good case. She would support increased ferry fares over a property
tax. She worries about property owners bearing the brunt of people who rent on the island
or those who don't live on the island. She will, however, walk on the ferry more often.
Megan Krause, Lummi Island, stated she speaks on behalf of the parish nurses and
health ministers on Lummi Island. This small group works with the Lummi Island
Congregational Church and the Island Chapel. They assist people who need care and
support. She is concerned about cost increases to the vulnerable on the island. Lummi
Island is not made up of wealthy people who can easily support a cost increase for the ferry.
She asked the Council to present tools for revenue that are not based on fare increases or
tax increases.
Kremen stated the County is holding firm with its offer on the table because they are
concerned about the future of Lummi Island and the residents who are able to reside on the
island. His desire and the Council's desire is that those who live on Lummi Island today
should be able to afford to live on the island in the future. The County's offer on the table
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
meets that parameter. Anything higher would change things. He doesn't want to see that
happen.
Bob Busch, 3612 Sunrise Road, stated the emergency response system on the island
works. Yesterday at 2 a.m., medics came to the island to respond to an advanced life
support (ALS) call. A nearby helicopter responded and flew the person out. In addition to
the previously- described fire response of yesterday, they received a call for another fire.
The system works.
Nancy Gale, 2458 West Shore Drive, Lummi Island, stated she thanks
Councilmember Mann for recognizing the need for input from the islanders. However, it is
unfair to ask the islanders for input without all the information. She has seen documents
about the transfer of title that shows the County owns enough land to not have to rent land
from the Tribe. She asked how the Lummi Islanders can provide good information and
receive a respectful response from the County. There is enough concern among the
islanders that the information is relevant. They need to talk with the Council about it. She
doesn't know how much risk she's willing to take until she knows how strong their legal
arguments are. They have not seen Prosecutor Gibson, who says litigation isn't possible.
The islanders have seen information and research that provides information on what the
County owns. She asked how they are going to go forward. Keep providing the residents
information.
Crawford asked Ms. Gale to provide the County with any documents that the County
has not seen.
Mary Ross, 2544 Taft Drive, Lummi Island, stated she doesn't understand how the
funding gaps translate to ferry fare increases or a property tax assessment. She cannot
support a move to Fairhaven. She cannot support the loss of ferry service. She supports
the position of Protect Lummi Island Community (PLIC). She supports getting federal help.
She would like to see how any option would affect a ferry fare.
Crawford stated there were 207,000 passengers in 2009. If they wanted, in the
short -term, to raise $400,000, the rate increase would be about $2.50 per ride.
Doug Puckering, 2610 Island View Lane, Lummi Island, stated he compliments the
County staff for the quick response when the Whatcom Chief was shut down recently. He
asked why the ferry is not part of the County transportation system, as is the bus service.
He asked why people who ride the ferry pay a different portion than people who ride the
bus.
Crawford stated the Whatcom Transportation Authority (WTA) collects 8 percent of
its revenues from the fare box and 92 percent from the taxpayers.
Kremen stated the WTA is an independent entity. It's not run by Whatcom County
government. It has no affiliation with Whatcom County government. Only three counties
run ferries. The recovery at the fare box averages 65 percent. Whatcom County tries to
recover 55 percent. They are trying to give the users the best break possible.
Crawford stated they have to compare ferry service to another ferry service, not to
bus service. WTA's fare recovery rate for buses is average with other public transit
systems.
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
Mann stated WTA's subsidy is different because of the specialized transit for the
disabled. That service uses a big percentage of the subsidy. Much of it is covered by
federal dollars. If they looked at just fare box recovery for the fixed route service, the
recovery rate is about 33 percent.
Puckering stated there isn't a handicap option on Lummi Island. It's not a valid
argument.
Brenner stated they can't compare ferry and bus services. One has nothing to do
with the other. She wishes the WTA would take over ferry service, but they don't want it.
The County provides something unique to Lummi Island. It's nothing like the bus. It's a
totally different entity.
Bob Morse, 3919 Midden Lane, Lummi Island, stated he lives there about six months
of the year. Continue to negotiate. There is not a legal silver bullet. These treaties have
been around for about 150 years and have been litigated over and over. It will cause
discord between all parties. The only recourse the Lummi Islanders have a ferry to
Bellingham. If anyone is concerned about the cost of the way of life on Lummi Island, know
that they have an awesome ferry service, and they are spoiled by it. A run to Bellingham
would cost infinitely more, and the cost would be borne by a tiny fraction of the riders. The
cost per trip would be atrocious. It's not an option. They have to continue with what they
have. They have to keep trying to resolve the negotiation. The residents have to expect to
pay more right now. The residents haven't been paying the share that they should. They
need to catch up. It will cost more to run the ferry in the future. How they agree to share
that is a good question. They are one percent of the county, at most. They can't expect
the rest of the county to not get their potholes fixed and roads paved every now and then,
because the residents live on Lummi Island. The Lummi Island residents must pay their
share. That's not a popular opinion. Face the fact that the island residents have a lifestyle
with this ferry service. They must consider how they're going to pay for it.
Jim Dickinson, 2094 West Shore Drive, Lummi Island, stated the question of equity
of a ferry district would demand that everyone who gets a bridge repair or construction
would have to be in a bridge district. That won't happen. Each bridge costs several
hundred thousands of dollars per year, for a total of seven miles of road. Lummi Island has
about 21 miles of road. They don't live in a vacuum. All of Whatcom County should pay an
equitable share of the cost, because they have commerce with the entire county. They are
having diminishing returns. Four tires on the ferry boat pay more than two feet in the
cabin. Sooner or later, people will revolt to a increase. Find the amount that will bring the
County the most amount of money. The ferry dock is an essential right -of -way to Lummi
Island. It is unlike the WTA, where a person can use an alternate method of transportation.
No one can walk to Lummi Island. One has to take the ferry. Many people are upset about
not having input into the process. Establish a ferry board that has direct access to the
Council and the Executive. People have to come to the board with expertise and knowing
they have to know something about marine design. Create an inter - county ferry association
with the County Road Administrate Board. The other counties are interested. They can
share resources with other counties. The ferry system needs to be reorganized.
Rhayma Blake, 4275 Matia View Drive, Lummi Island, stated she moved here with an
expectation of continued ferry service. She asked if there are any other options that would
fulfill the Tribe's needs, other than financial compensation.
Wynne Lee, 2171 Tuttle Lane, Lummi Island, stated having a meeting like this every
six months, when there is some disaster at hand isn't enough. They need better
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
communications. She supports the idea of a ferry board or commission. There has not
been a mechanism for the free flow of information back and forth. Set up a County Council
Commission that includes island residents, other county residents, and a county resident
who is a member of the Lummi Nation. Make pertinent documents available online.
Michael Schneider, 4285 Matia View Drive, Lummi Island, stated he is upset that the
County is paying three times the market value for the property at Gooseberry Point. He
asked why the County is caving. It is three times what the Tribe is charging the Indian
Fisheries dock for the adjacent property.
Kremen stated there is language in the document that gives the County a credit for
money already paid.
Danielle Hahn, 2569 Island View Lane, Lummi Island, stated she is nine months
pregnant and has had to purchase emergency flight insurance. If the ferry doesn't go to
Gooseberry Point, she will have to have a helicopter. Fifteen minutes is not enough time to
get a helicopter to Lummi Island. The only person on the island who can do a cesarean
section is in his 70's and has been retired for many years. She is very opposed to ferry
service to Fairhaven. She goes to town approximately seven times per week to take her
son to school and sports activities. A ferry ride to Fairhaven would take one hour in good
weather, and would prohibit her son's activities.
Mann stated he understands that Ms. Hahn wants to keep the ferry service as it is.
He asked how she prefers to pay for it.
Hahn stated she doesn't know if she can afford a $5 fare increase, but that would be
better than having to get a hotel in town because a ferry to Fairhaven isn't running. She
doesn't know how much she can pay. She's heard that if they do go to Fairhaven, the trips
will be reduced to ten per day. It takes an hour one -way. She doesn't know if she can
afford two hours per day.
Judy Thomas, 2850 N. Nugent, Lummi Island, stated they need ferry service after
October for the 150 school kids to get to the Ferndale School District.
Art Thomas, 2620 Island View Lane, Lummi Island, stated the monthly lease
payment is made currently on the 15th of the month. Instead, pay the check on the 14th of
the month and run the boat on the 15th of the month. Put the ball in the Tribe's court, if it
comes to that.
Closing Comments from Elected Officials
Weimer stated the Council has been unanimous about trying to keep the current
ferry service and getting the federal mediator involved. They have asked attorneys to look
at all the legal issues. They have looked at everything, and don't think there is anything
promising. He understands people want to see those specific opinions, but they must not
show the other side their hand. It doesn't make much sense to share everything about
legal opinions with everybody. A fare increase of $2 per person would equal about
$400,000. However, the residents are responsible for only 55 percent of the Lummi's offer.
The residents' share would be something less than $2. There have been cost overruns that
they haven't captured, so a fare increase of $2 may be close. He needs to know how much
of a fare increase the residents can live with. Every time they change ferry fares, it
changes the ferry use. They need to make sure the boat is full all the time. Potentially give
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, 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
a discount for riding at low use times. The idea of a ferry advisory committee is good,
depending on the details. Direct contact with ferry riders is a good idea.
Knutzen stated he is encouraged to hear people say the County should not roll over.
The Lummi Tribe signed the lease with an option to renew that lease. The BIA didn't sign
the lease, and determined it wasn't valid. When he signs an agreement, he honors it. The
Lummi Tribe requested that these negotiations be silent until it suited their needs to bring it
into the open and bully them into making a rash decision. Rolling over is not an option.
There has been a lack of integrity in some of the negotiations. That's been frustrating.
They will have to work out a solution. The County will do its best to continue ferry service
to Gooseberry Point.
Brenner stated she will not ever support a ferry run to Fairhaven because it is a
safety issue. The current contract is not invalid. The County signed it and the Lummi Tribe
signed it. They haven't even heard from the BIA. The contract is valid. They can't make
the incorporated areas of Whatcom County pay for any roads. The cities are separate
jurisdictions and have their own road districts. She has an email list, and is glad to add
people to that list. Any comments that people send her are public record. She signed the
interim contract because she didn't want things to come to a head at that point. It's too
much money. The Prosecutor's Office is great, but she doesn't necessarily agree. They
have a federal public road. It's an historical public road acknowledge by the federal
government, state government, and the County government. The federal government has
never vacated a public road that people need. She wants to negotiate with the Lummi's,
but it must be rational and reasonable.
Crawford stated he is encouraged with news tonight that the Tribe wants to continue
to negotiate. The County must also consider the Whatcom Chief. They have a serious
problem. Consider a taxing district, because of bonding capacity, to pay for a new boat. He
would hate to have made a decision today to take that bonding capacity and use it to pay
for ongoing operating expenses, and not have a means by which they can get a boat in the
future. They are behind in trying to achieve 55 percent fare recovery. It's been tough to
figure out the perfect balance of a tolerable fare and ferry use. It's also been tough to
assume that the rest of the County taxpayers will make up some of the increase. He is
willing to look at that. That formula is self- imposed. It's not a required formula. If these
costs go up as significantly as they anticipate, he is not willing to say the rest of the County
taxpayers have to backfill those increases 55 percent. The money is not there. They can't
start to use the road fund, which is also declining.
Mann stated councilmembers are part -time citizen legislators, not attorneys. They
have to rely on the information they get from staff. If the residents have information that
Prosecutor Gibson or the Prosecutor's Office hasn't seen, bring it forward. He's been in
these executive session meetings. It's easy to get upset when he hears about how the
negotiations are going. They must remember the big picture. They want good, quality,
consistent, and affordable ferry service to Lummi Island. The end goal is what they have to
remember. They may have to bear insults along the way. They may have to pay a little
more. It is important to not let emotions override their ultimate goal of an affordable,
working, safe ferry system. The administration includes intelligent, skilled negotiators. He
is impressed with what he's seen. He is optimistic they will achieve a resolution they can all
be proud of and will last many years. That's what they're all working toward.
Kremen stated this has been an excellent, productive gathering. He's glad the
County government came to Lummi Island. He assures the residents that the County is
really fighting for the island residents. They want to make sure that any agreement is
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
livable in terms of the residents' abilities to pay for and use the service. The County will
continue to negotiate until they achieve that goal. He hopes it won't require the use of a
federal mediator, but it may. This is a federal issue ultimately. The County will work with
the BIA, Department of Interior, and the congressional delegation. When he gets a
response from the BIA, he will make it available to the community and media. He will
divulge the BIA's response. The County Council takes two breaks each year. This meeting
is right in the middle of one of their breaks. The Council should be thanked for having this
meeting. The councilmembers know how important this issue is.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 8:44 p.m.
i
Please contact the Council Office to obtain an
30
31
32
official, signed copy:
360- 676 -6690 or council@�.o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Special Whatcom County Council - Lummi Island Dock Negotiations, 8/24/2010, Page 10