HomeMy WebLinkAboutPublic Works May 22 20071 WHATCOM COUNTY COUNCIL
2 Public Works and Safety Committee
3
4 May 22, 2007
5
6 Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the
7 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 L. Ward Nelson None
11 Laurie Caskey - Schreiber
12
13 Also Present:
14 Carl Weimer
15
16
17 COMMITTEE DISCUSSION
18
19 1. RESOLUTION TO SELL SURPLUS PROPERTY LOCATED AT 2158 SOUTH
20 NUGENT ROAD, LUMMI ISLAND, WA (AB2007 -153A)
21
22 Caskey- Schreiber asked the County's plans for the area. She asked if they will get
23 the parking lot size they need.
24
25 Frank Abart, Public Works Director, stated he doesn't intend to pursue anything
26 further in terms of parking lot improvements. He will finish the parking lot they have, and
27 evaluate whether it's sufficient. He has no plans to use the house area for additional
28 parking.
29
30 Joe Rutan, Public Works Department, stated the presence of the house does not
31 affect the construction of the current parking lot.
32
33 Weimer stated they can't do a lot line adjustment according to legal counsel. They
34 can't give preference to a nonprofit for the sale of the house. Whatever goes on with the
35 house needs to be done at no cost to the County. Delays of the parking lot in 2006 and
36 2DD7 were not associated with the house. The road fund was used for the purchase of the
37 house and property. Therefore, the road fund has to be reimbursed, or the house needs to
38 be used for transportation- related uses. Those are the essential truths.
39
40 Caskey - Schreiber asked if the County could provide a lease agreement to the Lummi
41 Land Trust that goes into the road fund if the house is used for carpooling or other
42 transportation uses. Abart stated there must be a compensating value of the use of the
43 house to compensate the road fund. One idea is to remove the road fund issue by
44 removing the house from the road fund somehow. There must be a provable compensation
45 level so the County doesn't get in trouble with the State auditor.
46
47 Caskey- Schreiber asked the amount the County would have to reimburse the road
48 fund if the County were to allow a long -term lease for community projects.
49
50 Jim Perkins, Public Works Department, stated the last appraisal was $875 per month.
51 It would probably be a little more now.
52
Public Works and Safety Committee, 5122/2007, Page 1
1 Caskey- Schreiber asked how much the County would have to reimburse the road
2 fund if the house is used for reasons other than road fund reasons. Abart stated the
3 amount would have to be that appraised lease amount of $875 per month.
4
5 Perkins stated the Lummi Island Land Trust would have to obtain a conditional use
6 permit. At this point, the County is just talking about surplusing the house.
7
8 Weimer stated the lease amount could be less if part of the house were used for
9 transportation - related uses. The van program justifies use of the house. Another idea was
10 selling the house to the Land Trust, and lease them the land underneath the house. Then
11 the house wouldn't have to move. It takes the road fund out of the issue. More money
12 may be reimbursed to the road fund that way than if the house were surplused.
13
14 Colleen Berg, Lummi Island, stated the request for proposals (RFP) said the Land
15 Trust would pay the State sales tax only if the house were used for transportation reasons.
16 When the County wanted to use a portion of the building, that's when there were
17 negotiations. She described the negotiations between the County and the Land Trust. They
18 would like to save the house in its current location. She is in favor of a ground lease.
19
20 Caskey- Schreiber asked if the Land Trust would rather buy the house than rent it.
21 Berg stated it would rather buy the house. The Land Trust could use the house for any use
22 the community wants.
23
24 Bud Jewell, Lummi Island, submitted and read from his testimony (on file). The
25 house has a functioning septic system, but it smells badly. The library, Grange hall, fire
26 hall, and other places already provide community space. The Land Trust just wants to
27 obtain an office.
28
29 Polly Hanson, Lummi Island, stated they need more meeting spaces on the island.
30 There is a charge to use the Grange hall. It has a large meeting room, which is
31 inappropriate for a small committee. The fire hall isn't open unless a firefighter is present.
32 Other places have their limitations. Library hours have changed, so groups have to find
33 somewhere else to meet.
34
35 The County paid a lot of money for the property. It won't get that money back if the
36 house is surplused. It doesn't make sense to use more taxpayer dollars to build a new
37 building somewhere else. There would be plenty of parking spaces available for people
38 using the house. It wouldn't take spaces away from County uses. Wilson Engineering
39 planned to treat runoff from the parking lot before it is allowed to go back into the water,
40 but decided instead to just collect the water and install blacktop. There won't be any water
41 treatment.
42
43 The house could be a warm, dry place to wait for the ferry. The County could sell
44 ferry tickets in that house, which would be easier than trying to buy a ticket on the ferry.
45 All these things are related to the ferry. Use any extra space in the house for a community
46 use. Any other location would limit potential uses and wouldn't help with the transportation
47 uses. They need to take advantage of all the abilities of all the people on the island.
48 Councilmember Weimer's input has been valuable.
49
50 Wanda Cuccinata, Lummi Island, stated she sent an email to the counclimembers
51 this morning. She encouraged them to read it before making a decision. The question is
52 how this will be remembered in years to come.
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Public Works and Safety Committee, 5122/2007, Page 2
1 There was a smell from the drain Feld a few years ago due to a broken line on the
2 septic tank. Someone will have to deal with the drain field issues. The Land Trust might as
3 well do that. There is an auxiliary drain field at the house.
4
5 The Land Trust proposed using the house as an office. Renting the building would
6 provide them with an office in an active place that wouldn't be empty.
7
8 The van program has 52 riders per day sometimes, and ridership is going up. For
9 each person who rides, it eliminates the need for a parking space at the ferry parking lot.
10 The house is beautiful, and should be used.
11
12 Craig Smith, Lummi Island Fire Commissioner, stated the meeting room at the fire
13 hall requires that someone must be there if there is a meeting. They are moving
14 administration and other uses across the street. When that's done, they will have a room
15 that anyone can use at any time scheduled, without fire personnel there. It`s better to have
16 meetings there than in the middle of a ferry parking lot.
17
18 Elizabeth Marshall, Lummi Island, stated she is interested in having a community
19 kitchen. The island's farmer's market is limited because there are no food preparation
20 facilities on the island. One cannot prepare food at the farmer's market for immediate
21 consumption. The Embrey House has a nice kitchen. They've planned it to be a functional
22 public commercial kitchen.
23
24 People who are against the Land Trust's efforts to use the house don't sign their
25 letters and remain anonymous. That seems like a hidden agenda, of which the Land Trust
26 members are being accused.
27
28 Brenner stated she only received one email from a person who didn't provide a
29 signature. She responded, and that person responded back with their signature.
30
31 Dave Ernst, Lummi Island, stated the Community Commons Task Force did the work
32 on what is needed on Lummi Island and the appropriate uses for the house. The task force
33 asked the Land Trust to be the legal entity to enter into the negotiation, to which the Land
34 Trust agreed. A larger group of people, not just the Land Trust, is asking for this.
35
36 The County staff have said that the Land Trust hasn't met requirements. In fact, the
37 Land Trust met four different sets of requirements. The requirements keep changing after
38 they've been met. They are willing to continue the process to make this house useful for
39 the entire island. However, if things don't change, the County should let the Land Trust
40 know so they can all get on with their lives.
41
42 (Clerk's Note: End of tape one, side A.)
43
44 Bob Busch, 3612 Sunrise Road, Lummi Island, stated it's time to be done with this.
45 Put the issue on the ballot in November, so they know what people really think.
46
47 Berg stated she'd heard that the new fire hall facility won't include meeting space for
48 the community.
49
50 Busch stated he is also a Fire Commissioner on the island. Anyone can have any
51 meeting that isn't a political meeting.
52
Public Works and Safety Committee, 5/22/2007, Page 3
1 Caskey - Schreiber asked if the surplus property has to be moved once it's sold. The
2 resolution doesn't state that the house has to be removed, but the staff report does say
3 that. Abart stated there may be legal ramifications that would have to be overcome.
4
5 Caskey - Schreiber asked if she could amend the resolution to allow the house to
6 remain on the property if transportation needs are provided. Perkins stated someone would
7 have to lease the land or make some accommodation. Eventually, the house would have to
8 be moved. It's short- sighted for the County to say it will never use that land. The County
9 should at least limit the time someone is allowed to stay on the land.
10
11 Nelson stated they'd have to go through the lease process with the Land Trust. A
12 conditional use permit would have to be issued. Other issues would have to be addressed in
13 the lease.
14
15 Marshall asked if Mr. Perkins is implying that the County would eventually need the
16 land for parking. A community center is more important than ten more parking spaces.
17 The land for a community center will not become any more available than it is now. The
18 parking lot was originally planned to have all full size parking spaces. That significantly cut
19 down the number of parking spaces that could be accommodated. In the future, make
20 more smaller parking places.
21
22 Cuccinata stated the Lummi Island Land Trust and the County can make this work if
23 they both want it. To get funds to upgrade the house, the Land Trust needs a long -term
24 lease. No one will lend them money otherwise.
25
26 Perkins stated the County can't sell land under the house. Once they bought the
27 three lots, they were consolidated. The three lots can't be divided again. That prohibits the
28 sale of the land.
29
30 Michelle Luke, Lummi Island, stated they must stay focused on transportation. The
31 County did a great job purchasing land for a parking lot. It's a convenient location.
32 Community centers can be located elsewhere on the island. That is the best lot for ferry
33 parking.
34
35 Berg stated her question is whether the road fund use has to be related to
36 transportation 100 percent.
37
38 Weimer stated they don't know yet what the valid transportation uses are.
39 Regarding future County use for a parking lot, it's not going to happen in three to five
40 years. It's not on the six -year transportation program. The ongoing vision for Lurnmi
41 Island transportation is whether they want to continue building parking lots or some kind of
42 transportation hub. That is his vision. To keep the house on the land, they must negotiate
43 a long -term lease. The County will still be able to expand the lot in the future.
44
45 Nonprofits can charge for things if it is in the nonprofit's mission. Before anyone
46 enters into any kind of use for the house, they would have to find out whether the septic
47 system works. They are talking about selling the house and leaving it on the land or renting
48 it month -by- month. He is in favor of developing a transportation hub to avoid developing
49 more parking places. One avoided parking place is worth $17,000.
50
51 Nelson asked if the County would be responsible for maintenance of the house if
52 there is a long -term lease. Abart stated that would be negotiated in the lease agreement.
53
Public Works and Safety Committee, 5/2212007, Page 4
1 Nelson asked if there is a reason to surplus the property rather than putting it out for
2 a lease. Perkins stated that the County intended, from the very beginning, to sell the
3 house. It is a liability to the County if the County doesn't do something with it. If the
4 County leases the house, the lease should stipulate that the lessee must keep up the house
5 or the lease will be terminated. The County didn't approve the proposal submitted during
6 the RFP process because it wasn't clear that the proposal would cost the County no money.
7 The County also made it clear that it reserved the right to turn down or terminate
8 negotiations at any point. It says that three times in the RFP.
9
10 Caskey- Schreiber stated she is in favor of not selling the home. Instead, enter into a
11 lease with a nonprofit organization. The County leases a house to the Northwest Wildlife
12 Rescue that was bought with flood money. The County has a long -term, very low cost
13 lease. The lessee is responsible for doing all the improvements. They are doing an
14 outstanding job. It's a win -win situation.
15
16 It's hard to get meeting spaces in rural areas. There is a need at Lummi Island for
17 community meeting spaces. There is no harm to having one more meeting location. There
18 is no hurry to sell off the house. Activities around the house may add security for the
19 parked cars. Do not move this forward for auction. Work out a lease agreement and get a
20 transportation- related activity that provides incentive for residents to carpool.
21
22 Brenner stated this item is scheduled for a public hearing this evening.
23
24
25 OTHER BUSINESS
9:
27 There was no other business.
28
29
30 ADJOURN
31
32 The meeting adjourned at 2:43 p.m.
3
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35
36 Jill Nixon, Minutes Transcription
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WHATCOM COUNTY COUNCIL
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Barbara Brenner, Committee Chair
Public Works and Safety Committee, 5/22/2007, Page 5