HomeMy WebLinkAboutPublic Works November 13 20011
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
November 13, 2001
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Marlene Dawson
Dan McShane
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE ORDERING THE CLOSURE OF HENRY ROAD AND LONSETH
ROAD WEST OF POWDER PLANT ROAD (AB2001 -329)
Bruce Mills, Assistant Director of Engineering, handed out the incident reports
received at the British Petroleum (BP) plant.
Brenner questioned whether these are the kinds of incidents that are policy
incidents. Mills stated the incidents are taken from the BP security guard logs.
They involve many different things, including criminal activity or illegal dumping.
Brenner questioned whether the incidents are all of an illegal nature. Mills
stated they are.
Mills handed out an aerial photo of the area of the plant, and described the
area (inaudible).
Mills stated they have no records on the books about any easements. People
who have been accessing that area are technically trespassing to get there.
Brenner questioned whether the incident reports include trespassing. Mills
stated there might be some.
Mills stated he also found out about the open space tax designations on the
parcels out there. There are different types of open space. There is an Open
Space /Open category, which usually has an access obligation to it. There is no
property out there that has that designation. (Inaudible.) The open space
designation that is out there right now may be the Open Space /Agriculture.
Crawford questioned whether some of the property is Open Space /Forestry.
Mills stated there is. There is a lien on the land. These types of open space are not
the type that have no public access obligation. The other areas with different
ownerships do not have any open space designation at this time. Based on his
Public Works and Capital Projects Committee, 11/13/2001, Page 1
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research, there is no public access obligation based on the zoning or the liens on
the land.
Dawson stated the land was posted to allow certain kinds of shooting. She
questioned whether that is a type of open space. She heard there had been some
machine gun shooting out there.
Butch Edison, BP Chief of Security, passed around shell casings that were
found from assault weapons and M16's. On one incident, a ship was docked
transferring oil. The people at the dock had to dive for cover because they were
being shot at. At the same time, if the people had been firing the weapons a little
farther to the west, they would have hit about 20 BP families in the employee
recreation area. They called the Sheriff's Office, but there are only two deputies for
that entire end of the county. Otherwise, BP would have pressed charges. If a
stray round hit a ship at the dock, the devastation could not even be imagined.
This was all before September 11. They've had two incidents of semi - automatic
weapon fire down there in the last week. They've had another two or three
incidents of either long rifle fire or shotgun fire in the same area. These are not
singular, isolated events. After September 11, they've had numerous visits from
the Coast Guard and Sheriff's Office. They are in contact with the FBI. They've had
many security audits at the refinery. They've identified their areas of most
significant vulnerability. They are asking to provide a safe buffer around their
production facility, pipelines, and dock.
Brenner asked how much of the oil that is destined for the United States
comes through the BP refinery. Edison stated their enemy has stated publicly that
he intends to see oil prices go to $144 per barrel. There is only a couple of ways
that can happen. In either case, the oil that comes off the North Slope becomes an
increasingly valuable commodity for this country. Alaska produces 17 percent of
the domestic oil production. BP and one or two other refineries process this oil.
The Division of Emergency Management (DEM) and State Department of Ecology
(DOE) have identified BP as a highly strategic facility in this region. This may not
be the only time he comes before the Council. BP is currently reviewing its entire
situation out there with the Coast Guard, Sheriff's Office, and other people to define
where they are the most vulnerable, and take whatever actions they can to
mitigate those risks.
Hoag stated the map shows the area they would like to close that is near the
beach. One letter she received said the shooting area is some distance away from
the dock, and that there is no way that bullets could hit people down there. She
asked the distance.
Greg Ross, BP, stated the distance is 400 yards, at the most. A long -range
rifle has a range of two or three miles.
Hoag stated she received a letter that said BP does not own the property
along the roads. She questioned whether that is correct.
Public Works and Capital Projects Committee, 11/13/2001, Page 2
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Mike Abenhoff, BP, showed an ownership map that outlines the property
boundaries, the roads they propose to close, and who owns the affected property.
Some of the property is owned by a trust, Standard Oil from California.
Ross stated BP doesn't own the property on either side of the roads. They
just own where the road dead -ends.
Hoag questioned whether BP is entitled to ask for those roads to be closed if
it doesn't own those roads. Ross stated that if the owners object, then BP doesn't
have a case. None of the property owners have objected.
Edison stated one individual has options on all the properties. He has
endorsed the BP proposal, according to Scott Walker. They don't want to vacate
the road, just close them.
Brenner stated everyone is aware that a closure is a temporary thing. Edison
stated they are.
Brenner stated they have the option to reopen the road at some point in the
future.
Hoag questioned whether the other owners have been contacted. Edison
stated he didn't think so. The person with the options has the authority over the
property as long as he has the options on it. There are public access agreements
that apply to all of these properties and to BP's property. Those are agreements
with the State of Washington. The Department of Fish and Wildlife administer
them, and has endorsed the proposal. The department's agent in this area said
that he would pull public access privileges from these properties. The agent will
write a letter to the County explaining that. On the other hand, BP has spent a lot
of time opening up properties north of Grandview Road for public access. The area
near Henry Road is heavily wooded. There is no game in it. The only things it is
attractive for are illegal activities.
Brenner questioned whether the shooting signs are on the other portion of
the property. Edison stated the shooting signs are along Henry and Lonseth Road.
The signs have a Revised Code of Washington (RCW) on them that restricts the
shooting to shotguns only. It is not an invitation for people to shoot guns in the
area. It is an attempt to tell people they can't shoot long rifles, pistols or automatic
weapons. Shotgun hunting only is allowed. They were going to ask the County to
designate the area as a no shooting zone.
Hoag asked if there is a public access requirement. Edison stated they are
now. They are not defined by the County Code. They are worked out with the
State. There are areas, such as the refinery, that are no access areas. Some areas
allow hunting. Other areas allow daylight walk -in access only. The State will
change some of those access areas to no access areas.
Public Works and Capital Projects Committee, 11/13/2001, Page 3
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McShane stated he visited the area over the weekend. He didn't see any
game on Henry Road. He questioned whether the Department of Fish and Wildlife
are no longer releasing pheasants along these roads. Ross stated never have.
They mostly release the game on Intalco property and north of Grandview Road.
Edison stated that over the past ten years that the State has had these
agreements, the department has closed down the southern areas more and more,
and encouraged habitat rehabilitation.
McShane questioned whether the existing access was primarily for hunting.
Ross stated there were agreements between the Department of Fish and Wildlife
and the landowners to allow public access for hunting.
Crawford questioned whether the activities they are concerned about include
anything in addition to shooting and dumping. Edison stated they have not been
concerned about the shooting, which is a life safety issue. The dumping is a
nuisance, and sometimes it can be a financial problem for the refinery. People will
dump barrels of unidentified materials along Lonseth Road. If any of that seeps
onto the refinery's land, then the refinery is liable. They have always been
proactive in collecting the materials, paying significant fees to have it hauled to
Oregon, and disposing of the materials. They've only called the Sheriff's Office
when there has been gunfire in the areas.
Crawford questioned whether the kind of shooting that is allowed is with
shotguns to hunt small game. Edison stated that is correct. However, that won't
happen once the Department of Fish and Wildlife re -posts the area. It will be re-
posted to say there is no public access.
Crawford stated the Council is considering putting a gate across the road.
The access that is being blocked is only to vehicles. People will still be able to walk,
ride bikes, or carry guns. Rust stated that is correct. The type of shooting that
goes on now is mostly malicious target shooting. Those people aren't going to walk
a mile.
Crawford stated they are already illegally shooting. He questioned whether
blocking the vehicle access is the key to stopping the activity. Rust stated it is.
Nothing is positive. This will block 95 percent of the people who use the ends of
those roads.
Brenner stated it won't solve 100 percent of the problem, but it will be a big
deterrent. Edison agreed. The new signs would dissuade people from using the
area.
Crawford questioned the number of people who are there for legitimate
purposes versus those there for illegal use. Rust stated the vast majority of people
are people who are dumping and shooting. The recreational uses are not done
much in that area.
Public Works and Capital Projects Committee, 11/13/2001, Page 4
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Hoag stated she received a letter about people who can't afford to go skeet
shooting at the places where they have to pay. Edison stated the only two people
he's encountered in the last six years that are doing something non - destructive
were on the south side of Henry Road in an open field, doing skeet shooting. These
guys were engineers or architects. He didn't think that people who own that kind of
equipment would not be able to afford to pay for it.
Rust stated there are three public ranges in Whatcom County. He is a skeet
shooter. There are many places to shoot. If he does not want to go to an
organized course, then that end of Henry Road can still be used. They will just
have to walk in instead of drive in.
Hoag questioned what happens to the people who can still walk past the
gates if the Department of Fish and Wildlife remove the public's access. Edison
stated that if the property is posted as no public access, then people are subject to
arrest.
Brenner stated that doesn't have anything to do with the County.
Edison stated that is what he hopes to achieve, from a security guard's point
of view, on those properties. The world change on September 11. The Commander
of the local Coast Guard made the point that they are never going to go back to the
world they knew before September 11. These facilities take on significant national
importance. In the previous 15 years, BP's efforts were in environmental safety
and security. Now, things are more serious. The tone has changed. They are
going to have to look at these things in a different light. Public access is very
important, but the other issue is trying to provide strategic buffering for critical oils
facilities.
Hoag stated the argument has been that the road will still be open to the
public, but not traffic. However, they are stating that the Department of Fish and
Wildlife is going to close the area to public access.
Crawford stated the State is not closing the road for public access, but the
land around the road.
Dustin Hurlbut, Chief Deputy, stated the concern of the Sheriff's Office is for
public safety and the safety of the facility. He inspected the area recently. A tree
was actually cut down with one of those automatic weapons. There is not a more
dangerous place to shoot. Where they are shooting, there is foliage but no
backstop. They can't see what is behind where they are shooting. They are
shooting over water. There is also a hazard to people going by in boats. There are
gas pipelines around that cannot be seen because of the bushes and trees. They
don't want to limit people's access, but they need to eliminate the shooting in that
area. As close as they are to the facility, a shotgun is not appropriate either. A
number of things could do some serious environmental damage and damage to
people as well.
Public Works and Capital Projects Committee, 11/13/2001, Page 5
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Brenner questioned whether shooting in the area north of there would be a
problem. Hurlbut stated he didn't believe so, as long as they are shooting in a
northerly direction. That area is different because it is clear, and they can see
where they are shooting.
Dawson moved to support the closure of the Henry Road and Lonseth Road
west of Powder Plant Road.
Neil Clement, Emergency Management Deputy Director, stated he comes at
the problem from a critical facility standpoint. He is very concerned about all the
critical facilities, and this facility has national importance. He would be the local on-
scene coordinator if there was a spill.
McShane asked about parking around the gate so people could still walk their
dogs or ride a bike. Rust stated they could move the gates back to install two or
three parking spots.
McShane stated he's seen that people are doing a lot of dumping in the
areas. He suggested a friendly amendment for BP to provide a couple of parking
spots along Henry Road for walking access on Henry Road and a sign saying the
public road is open to foot and bicycle traffic only.
Dawson accepted the friendly amendment. She restated the motion to close
the road, provide roadside access for parking cars, and install signs that the public
road is available for foot traffic and bike traffic.
Hoag stated they do have open space requirements for public access. That
may play into this somehow.
Brenner stated they are not getting rid of public access. They are only
getting rid of vehicle traffic.
Hoag stated it needs to be clarified before the evening's meeting.
McShane stated the signs he suggested might be misleading.
Dawson stated the road has public access.
Hoag stated there might be more than the road that requires public access.
Brenner stated that has nothing to do with the County. Anything off that
road is private property. If the private property owner has a requirement, it is up
to the property owner to do that, not the County. The County is only responsible
for the public road. The signs are appropriate.
McShane stated he is curious about the signage issue regarding open space
designation. He will look into that issue in the future.
Public Works and Capital Projects Committee, 11/13/2001, Page 6
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Brenner stated there is Open Space /Open Space, which doesn't require public
access. Former County Councilmember Larry Harris had his property in Open
Space /Open Space, and had no trespassing signs. It was a wildlife thing.
McShane stated the heron rookery is the same.
Motion carried unanimously.
ADJOURN
The meeting adjourned at 2:20 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, 11/13/2001, Page 7