HomeMy WebLinkAboutPublic Works October 10 20001
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
October 10, 2000
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.
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Also Present: Absent:
Marlene Dawson None
Dan McShane
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COMMITTEE DISCUSSION
1. PRESENTATION BY ALBERTA ENERGY CORPORATION REGARDING
EXPLORATION OF NATURAL GAS AT BIRCH BAY (AB2000-360)
Brenner stated the councilmembers received a letter from these folks. She
read the letter into the record (on file), which said that they would not make their
presentation because they did not realize they were scheduled to give a public
presentation. If this company wants to work with elected officials and inspire trust
in the people in the community, she had a problem that they were not willing to
come to the meeting. She never told the company it would be a private meeting.
They knew she was the Public Works Committee chair. She was fairly sure she told
them she would schedule them on the agenda. She would never meet with them
privately, especially after this. They are trying to give individual people certain
information that they could later recant. The company should have come before
the committee to make a presentation, even if it was just to present a fact sheet.
The other councilmembers should have access to this information.
McShane questioned whether Dan Gibson was familiar with the amount of
gas rights available in the county. He often sees on property titles that people own
the property, but not the gas rights underneath the property.
Dan Gibson, Senior Civil Deputy Prosecutor, stated he didn’t know that
information. The County does get calls from companies asking about things. They
try to respond as best as they can. The question topics range from preliminary
drilling sites to just dropping weights on the road. There is a range of activities
that is encompassed within energy exploration activities.
Brenner questioned what she would have to do to conduct an investigation of
people’s rights. She questioned whether there are any protections for people's
rights. Gibson stated it depends on the nature of the activity. In many instances,
the exploration is seismic in nature, which is dropping a weight on the ground.
There isn’t much danger in that.
McShane stated exploration almost always involves dropping weights. It
used to be done with explosives. They are very sensitive tests.
Public Works and Capital Projects Committee, 10/10/2000, Page 1
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Brenner stated she was concerned about what a company is allowed to do if
it finds gas in a fairly populated area. Mineral and gas rights are often owned by
others. These people are probably not going to go away. She didn’t like their
attitude already, and was concerned they would plow through the county doing
whatever they want.
Dawson stated she wasn’t concerned because they like to explore first, then
go public all at once. She wasn’t offended by meeting privately with a company
who wants to find out what the public desires are, before going public.
Brenner stated they never discussed having a private meeting. It isn’t the
councilmembers job to cater to multi-national corporations who want to get as
many things in place as possible before dealing with the public. That is anti-
democratic and anti-public. Then, they have so much work lined up that it is
difficult for the public to begin on a level playing field, if something is wrong. The
Council has had other companies come to them up front and make presentations.
They could have just sent the Council a copy of the material they have.
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COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION DECLARING INTENT TO ACCEPT A PORTION OF JUDY
WAY AS A COUNTY ROAD, DECLARING THAT SUCH ESTABLISHMENT
IS A PUBLIC NECESSITY, AND DIRECTING COUNTY ROAD ENGINEER
TO REPORT TO COUNCIL UPON THE PROJECT (AB2000-355)
Bruce Mills, Assistant Director of Engineering, stated this is a chicken-and-
egg process. There are two ways to establish a road. One way is by a freeholders'
petition. The other way is what he proposes. The Council declares its intention to
accept a road, then asks for a report from the County engineer. There would have
to be a public hearing and an ordinance.
Brenner asked if the Public Works Department wants to do this. Mills stated
there isn’t an official petition. The citizens brought it forward, and the County felt it
was justifiable to accept the road.
Brenner stated it sounds as if the Public Works Department wants to accept
this road rather than have a petition. Mills stated it wasn’t justifiable to make the
people put up the bond money.
Brenner asked if that was because the Public Works Department is initiating
this and supports the project. Mills stated it is.
Dawson stated it looks like a good project.
Mills stated it is an unusual situation. The residents are sandwiched in with a
public road on each end. Drivers use the road to loop through, and the residents
Public Works and Capital Projects Committee, 10/10/2000, Page 2
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on the road are getting hammered because they are responsible to maintain the
road.
Brenner asked what would initiate a petition, and if it would be an instance in
which the Public Works Department doesn’t support making a road a County road,
but the residents want a road to be a County road. Mills stated residents could
bring forward a petition with ten signatures to the Council. The Council would
decide to assign it to the Engineering Division to provide a report. Then, the
Council would hold a public hearing. The department almost always asks for people
to petition. This is an unusual circumstance, which is why they are doing it this
way.
Dawson stated that many people are using the road already. Mills stated
that was correct, and so very few people live on the road that could maintain the
road.
McShane moved to recommend approval.
Motion carried unanimously.
2. PRESENTATION BY LUMMI ISLAND FERRY AND TRANSPORTATION
COMMITTEE REGARDING SECURE PARKING AT GOOSEBERRY POINT
(AB2000-361)
Brenner stated she received a letter from the Lummi Island Traffic
Committee asking her to schedule this item.
Dick Prieve, Assistant Director of Operations, stated Jeff Monsen is in
Olympia, and apologized for not being here. He wasn’t available for a presentation.
The Lummi Island Traffic Committee wanted to meet the County councilmembers.
They have volunteered to spend a lot of time on the parking issue.
Judy Olsen, Lummi Island, stated the committee formed a year ago. There
are seven members. They worked on problems with the ferry schedule and on a
long-range plan. Communication between the ferry and the County has been
sketchy. There was a survey sponsored by Pete Kremen and another community
organization. They looked at superficial ferry issues. The survey results stated that
people wanted secured parking on Gooseberry Point so that more traffic could be
walk-on traffic. The reason they are on the agenda for this meeting is because they
are working on getting the parking lot established at Gooseberry Point. Mr. Monsen
suggested that they meet the Council's Public Works Committee. The goal is to
create an 83-space parking lot with a chain link fence and razor wire on top that
would be locked at midnight and would have a surveillance camera. They have
been told that the Public Works Department has the funding for that now.
Dawson questioned where the property is located. Olsen stated it is on the
Lummi Nation property. Mr. Monsen met with the tribe and they are negotiating
the location. The committee also held a task force meeting with the Lummi Nation,
Public Works and Capital Projects Committee, 10/10/2000, Page 3
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which was very successful. They had four meetings to discuss traffic flow and other
key issues.
Bob Foder, Lummi Island, stated the other matter discussed with the Lummi
Nation was making certain the ferry arrival time coincided with bus transportation.
If they increase the walk-on traffic, then they need bus service. The committee
met with the Whatcom Transportation Authority (WTA), and it would be tough to
get, but it's important. The Lummi Nation was concerned about the traffic and
hazards this would put on the reservation.
Brenner asked why the parking would be related to the transportation that
way. Foder stated the concern is the volume of traffic added.
Brenner asked if that would require that the property purchased by the
County would be developed for parking on the island side, so people could catch the
bus.
Olsen stated the vehicle traffic on the ferry is maximized. That is why they
are doing long-range planning. One of the things the committee thinks is important
is to relieve some of the pressure by encouraging walk-on traffic. In the survey, 49
percent of the respondents would walk on the ferry if secured parking were allowed.
There is a high level of vandalism on Gooseberry Point.
Brenner asked what is happening on the island side with the land. Prieve
stated they’ve made a commitment to maximize parking on Lummi Island, which
was increased from 19 spaces to 33 spaces, and to see if those added parking
spaces have been used continuously. If and when the existing parking lot is used
to capacity, then the County will develop the property.
Brenner stated the Council was told that, when they were asked to purchase
the property, the spaces were used to the maximum then. Prieve stated that at
that time, there were only 19 spaces. They re-worked the parking to 33 spaces.
The County bought the property for long-term use. It will be used.
Doreen Richmond, Lummi Island, stated the three entities worked on several
things: traffic, speed, safety around Fisherman’s Cove, exiting the ferry, bus
transportation, and security of the parking lot. Regarding the secured parking lot,
they are looking at a short-term solution to a longer-term problem. The Lummi
Nation has made it clear that they will include security in their economic
development plan. They are not interested in a long-term proposal at this time.
They are interested in a short-term proposal. They want to encourage people to
walk on. When it comes time to buy a new ferry, whether or not people will walk
on the ferry would influence the type and size of a new ferry.
Brenner stated a short-term solution makes her nervous. She questioned
whether the County spends County money to do short-term improvements. If the
County does a short-term project, the County is not in a negotiable position for
developing a long-term solution. Prieve stated the County would spend some
Public Works and Capital Projects Committee, 10/10/2000, Page 4
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money, but only the minimum amount of money it takes. The County can live with
the existing asphalt surfacing. They would have to move existing chain link fencing
and add on to it. The County would also have to move some existing poles, add
another power meter, and mount a camera. The County hasn't come up with an
estimate. It may take under $20,000 for two to five years. The Lummi Island
committee negotiated faithfully with the tribe and they all hope to create a proposal
by the end of the week. They are hoping to have a short-term solution done by
Thanksgiving.
Dawson asked if the $20,000 includes a lease for the land. Prieve stated it is
being negotiated. The Lummi Nation is really trying to work with them.
Dawson asked what the long-term solution would involve. Richmond stated
the Lummi Island Ferry lease is up in ten years. Negotiations will begin within five
years. That is the longer term. The bottom line is that people’s cars have been
vandalized to the amount of $10,000 damage in three months. The Lummi Nation
doesn’t have the staff to provide the security. Neither does the Sheriff’s Office.
Some people need to walk on and should be encouraged to walk on. Right now
there is a full ferry and long lines. Something needs to be done.
Dawson stated the County has a lot located at Gooseberry Point. Prieve
stated that at one time, in the 1960’s, the County had property on both sides and
there was talk about building a bridge. Both properties may have been surplused.
He would look into that.
McShane stated this is a short-term solution. He questioned whether it is an
experiment to see how well it works, until a long-term decision can be made. Olsen
agreed. The entire transportation issue is complex. The lease will run out and the
population will increase. The Lummi Nation may find benefits to having parking
there. The Lummi Nation is looking at their long-range economic plans. They may
want to create a coffee shop or other business to take advantage of the traffic. The
Lummi Nation could also supply security. It would be a mutually beneficial solution.
McShane suggested that a phone booth be installed at the ferry terminal.
Brenner stated she appreciated the good faith effort. She hoped this would
be a win-win situation. The bigger concern is that she didn’t want the County to
foot a bill that is prohibitively expensive because nothing else is working out there.
They will renegotiate a lease. There will be more pressure from Lummi Island
residents to continue the lease, but the price will matter. She would like to work
out a plan for developing small shops in the area.
Richmond stated that during meetings with Lummi Nation, opening small
stores was talked about. They didn’t want to divulge much of their economic plans
before going before their own business council. They were concerned with the form
of the automobile line. The Lummi Nation realizes that there is a potential for the
right type of business.
Public Works and Capital Projects Committee, 10/10/2000, Page 5
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Olsen stated the Lummi Island Traffic Committee hopes to work toward the
14-year plan with the County. The committee will meet soon with the Public Works
Department to look at the future. They are thrilled about the communication that is
happening.
Dawson asked which tribal members they worked with. Foder listed some of
the members of the Lummi Nation that they talked with, including Lenny Dixon and
Ralph Jefferson. It was an amazingly productive relationship.
Olsen stated one recommendation was a change in the speed limit to the
ferry landing. The speed limit slows down from 35 mph to 25 mph. They talked
about moving the slow-down further up the hill so people would slow down sooner.
Richmond stated that during dry-dock, there were pictures taken of cars that
went over the white line because there is no room on the Lummi Island side. It is a
hazard for emergency vehicles and buses. If the population grows and people walk
on, they will need to utilize that parking lot.
Brenner stated that when the Council approved purchasing the parking lot,
she understood that it would be developed in a year or two. She asked if the threat
of a lawsuit slowed down the development schedule. Prieve stated he had not
heard that.
Brenner stated neighbors to the lot were intimidating about using legal
action. Prieve stated a parcel was looked at for the County to purchase several
years ago. One of the neighbors was vocal against the purchase, so the County
purchased another lot.
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OTHER BUSINESS
Brenner stated she'd gotten a lot of information from the Shirley and Don
Nielsen's about pipeline issues. There is a committee, but the Nielsen's wanted the
Council to know about pipeline problems around the county. They gave her a
packet of information. She wanted direction from the Public Works Committee.
However, she was nervous about putting the issue in the Public Works Committee
because she didn't want to step on the toes of the new committee. On the other
hand, these are issues these people want discussed sooner rather than later.
Dawson stated the Public Works Committee could schedule the issue for
information purposes.
McShane stated he's had a concern with re-vegetation around pipelines.
Brenner stated she would make copies of the packets of information she
received. She would request that the Nielsen's make a presentation.
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McShane stated the Planning Committee work session last week discussed
the Capital Facilities Plan. It will be before the Public Works Committee during the
next meeting on October 24. The committee needs to get it out of committee on
that day. It is a lengthy item that is a yearly update of the Capital Facilities Plan.
The Council needs to move on it. It is time sensitive.
ADJOURN 7
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The meeting adjourned at 2:15 p.m.
______________________________
Jill Nixon, Minutes Transcription
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
______________________________ ___________________________
Dana Brown-Davis, Council Clerk Barbara Brenner, Committee Chair