HomeMy WebLinkAboutPublic Works November 12 20021
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
November 12, 2002
The meeting was called to order at 1:40 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington,
Present: Absent:
Laurie Caskey- Schreiber None
Sam Crawford
Also Present:
None
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON
PROPOSED CREATION OF A POINT ROBERTS SPECIAL RECREATION
SERVICE AREA (AB2002 -351)
Terrie LaPorte, Point Roberts Chamber of Commerce President, stated a
contractor did a study to find out what the people of Point Roberts wanted to
happen in the community. The merchants and residents indicated that they
wanted to have a pier. An opportunity arose a year later for a grant, which they
received. It was a grant for a feasibility study to see whether or not a pier could
be built. They formed a partnership with the Port of Bellingham to do the study.
The feasibility study included a site determination and study of ecological effects.
They will develop a letter of intent for ownership with the Whatcom County Parks
Department. The next step in the process is permitting. If they get permit
approval, the Port of Bellingham wants to know if the Chamber of Commerce has a
way to maintain the pier. The Chamber needs to form a special pier district to
further endorse the fact that this is what the people of Point Roberts wants, and it
will give them a way to maintain the pier once it is built.
Brenner stated she is concerned because the County doesn't set up a district
for something that is not formed. She asked if there is funding or a possibility of
funding to build the pier. LaPorte stated Washington D.C. is well aware of the
project. They don't have any guarantees of funding.
Caskey- Schreiber asked if anyone has addressed the environmental issues.
Crawford asked why they are putting the long -term maintenance issue
before the funding to pay for the pier.
Public Works and Capital Projects Committee, 11/12/2002, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Steve ]ilk, Port of Bellingham, stated the Port has been involved in this
project from early on. There would be a significant cost to getting the permits.
The biological assessment has been done, and the mitigation factors have been
identified. There needs to be some engineering and conceptual design work done
in order to apply for the permit. It will cost about $250,000 to move through the
permitting process. The Port of Bellingham won't pursue funding, nor will it move
the project forward, unless they have a local commitment from the Point Roberts
community to maintain and operate the pier if it is funded. If this district is
approved, the Port will support the community in finding funding.
Brenner stated they don't need to establish a district to show public support.
They can send around a petition, instead. She didn't see any estimate of cost for
the mitigation.
Brenner asked if the $250,000 permitting cost includes the cost of
mitigation. ]ilk stated it does not.
LaPorte stated they first need to find out if they can do the project. The
Army Corps of Engineers and other permits take a year and a half. She can't
pursue funding until they find out whether or not they will even be allowed to do
the project.
Brenner stated they need to finish the feasibility study, including finding out
the cost of the mitigation. She is uncomfortable creating a district for something
that might not happen. LaPorte stated the petition sent around already said that
no taxes would be taken out until the pier is built. It is to satisfy their requirement
from the Port of Bellingham.
]ilk stated they are asking the County Council to authorize a special election
to establish a district, not unlike the Lynden Parks and Recreation District that was
set up a few years ago.
Roger DeSpain, Parks and Recreation Director, stated this is not a district.
It is a service area. A district would include elected commissioners of the district.
The Revised Code of Washington (RCW) allows them to do either a service area or
a district. The Chamber is asking for a service area. The County collects the funds
to be spent in the service area that is created, with the intent to spend the funds
only as they were elected to do. Petitions are good, but when it comes down to an
actual vote, they need an election. The County agreed to the need of this pier
project. They need to identify maintenance and operations (M &O) for the pier.
The Chamber came to the Parks Department and asked Whatcom County to help
maintain this pier, but the County can't do that. However, the RCW allows the
area to be taxed as a service area.
Dave Grant, Senior Civil Deputy Prosecutor, the County Council is prohibited
by law from going forward with this issue by putting it to a vote of the people of
the proposed service area, unless five conditions are met according to the RCW.
Public Works and Capital Projects Committee, 11/12/2002, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
One of the conditions is that the County Council has to find whether or not the
objectives of the service area are feasible. The question is whether it is feasible to
establish a maintenance process for something that doesn't exist. If the Council
wants to move forward, the proponents will have to draft a sufficient statement of
the purpose of this service area for the ballot.
Brenner asked if the County Council could find that it is feasible for the
Chamber to collect the money for the tax. The County will have to count on them
to collect the money. Grant stated the process of collecting money is feasible.
That's not the problem. If the pier existed, it is feasible to ask for maintenance for
the pier.
DeSpain stated the ballot statement could say that, if the pier is
constructed, the community is willing to tax itself. If they find out that they can't
build the pier, then it all goes away. The qualifying question is if the pier were
built.
Grant stated the concept of creating a conditional service area isn't in the
RCW.
DeSpain stated the vote simply asks the question of whether the residents
in the area are willing to create a service area. There are many recreation service
areas in the state that have done this very same thing. This is exactly how they
were created.
Brenner asked to see examples of how it was done in other areas. DeSpain
stated he would provide that information.
Caskey- Schreiber asked who would pay to see if this could be made a reality
through the permitting process. Jilk stated it is assumed that the Port would take
it on. The Port has been debating this issue for 14 months. The Commissioners
have said not to move forward on this until they know the community is willing to
make a commitment to operate and maintain it.
Caskey- Schreiber stated she doesn't want to approve it until she knows it
can be built. They don't know the cost and whether it will be permitted. LaPorte
stated they've already spent money to see if it is feasible. It needs to go to the
Shorelines Board and Corps of Engineers so they can say whether or not the
Chamber can do this. However, the Chamber can't do that until the Port is on
their side and knows that this is really what the people of Point Roberts want.
Brenner asked if this would require a special election. Grant stated they
could put it on the next general election or do a special election for this purpose.
If they want to hold a special election, they need to determine who would pay for
the special election.
Public Works and Capital Projects Committee, 11/12/2002, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber asked who pays for the pier construction if they get to
that point.
Jilk stated one question is whether the people want to form the service area.
He asked if another question on the ballot could be whether or not the assessment
is actually collected. If the answer about whether there can be a second question
on the ballot is yes, then the only thing they are doing is giving the people in the
service area an opportunity to say yes.
Caskey- Schreiber asked where they hope to get funding. LaPorte stated
there are grants available to get the construction done. There is no concrete
funding for construction yet because they don't have a plan to present to people.
Jilk stated the congressional delegation said the Chamber must have the
support of the community before it can move forward with requesting funding.
That's why they want this vote to happen.
Brenner asked what happens if the voters approve the special area, but the
project falls through. She asked if the funds collected could be used for other
purposes. Grant stated they can't expand the purpose of the special area beyond
that for which it was created. Before submitting this to the voters, the County
Council needs to get a full definition and explanation of the improvements and
services to be financed. The voters need a record that they can refer to. The
ballot title is very uninformative. Prior to the election, the electorate is directed to
research the issue. There is a statutory requirement to have specific information
to make findings. The information has to be absolutely clear on what is going to
go on.
Caskey- Schreiber stated the information should include the cost per
household the tax increase would be. LaPorte stated they developed a flyer for
distribution. They have held information meetings in the community. All those
details have been worked out.
Brenner stated the Chamber needs to submit that information to the County
Council because it will be on the ballot.
Brenner stated there is a hearing on this issue coming up. The committee
needs this information for the Council's packet for the hearing.
]ilk stated this resolution calls for a public hearing. It is not scheduled yet.
It might be better to put off approving the resolution for a couple of weeks until
the committee has the information it wants, rather than try to move forward now.
Brenner stated this would be held in committee. The committee needs more
information on the purpose of the proposed service area and the estimated initial
cost. That information must be in the public hearing notice.
Public Works and Capital Projects Committee, 11/12/2002, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Grant stated there is a timeframe for getting this done. They need to set
the hearing date tonight.
Brenner moved to recommend approval of the resolution to set the meeting
date. The proponent is supposed to submit specific information on the purpose of
the proposed service area and the estimated initial cost.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:15 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 11/12/2002, Page 5