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HomeMy WebLinkAboutPublic Works June 15 20041 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 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 Safety Committee June 15, 2004 Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Dan McShane None Sam Crawford Also Present: Seth Fleetwood Laurie Caskey-Schreiber COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. ORDINANCE TO PERMANENTLY CLOSE GARRISON ROAD FROM SR 9 (EAST BADGER ROAD) TO APPROXIMATELY 0.01 MILES SOUTH OF SR 9 (AB2004-210) Joe Rutan, County Road Engineer, stated the State Department of Transportation (DOT) has a presentation for the Council. Todd Harrison, State Department of Transportation, stated he would provide more detail on the project. He has more specific information on alternatives, benefits, and negative factors. He submitted information (on file). This is primarily a freight mobility project. The project adds shoulders and creates an all-weather road. A new highway will cross a railroad and swing to the north toward Sumas. There will be 12-foot lanes with eight -foot shoulders. The access will be restricted. He will talk about this intersection of Highway 9, the East Badger Road, with Garrison Road, which is right at the railroad tracks. Today, he wants to look at the option with the best benefit, least impacts, and is safest, which is to close the southern leg of Garrison Road. However, there are two alternatives that wouldn't require any action by the Council because it would keep Garrison Road open. The third option will require the Council to close the road. Dave Klein, Department of Transportation Lead Designer, showed photos of typical accidents at the road. State Route 9 would go across Garrison Road on East Badger Road. Crawford asked if there is a signal at Garrison Road for the railroad. Klein stated there is a signal and gates on Garrison Road and East Badger Road. Public Works and Safety Committee, 6/15/2004, 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 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. He explained the option that the Burlington Northern line did not approve because of potential safety factors with cars backed up at the stoplight over the railroad when a train comes. The railroad company believes that if the intersection were designed so that the gates came down a couple of minutes before the train crossed the intersection, to give cars time to clear the intersection, people would just ignore the gates and drive around them. Brenner stated people don't do that. Klein stated the railroad issues the permit, and won't approve that option. Klein stated another option was to move the intersection further to the west. The north leg of Garrison Road will be closed. With this option, there is about 175 feet of clearance, which the railroad company has approved preliminarily. This option provides the most room. They would have to take 1.7 acres from the Haggen Dairy to construct this option. That is a drawback. Caskey-Schreiber asked about condemnation. Klein stated the condemnation process usually ends up in court, and a jury will decide the damages. The jury will decide how much the State will pay for the land. This is a hostile landowner, and this is the process the State has to go through. Harrison stated they are in the right-of-way phase of the project. The State has property appraised for fair market value. The State pays fair market value. Condemnation is when there is a property owner with whom they can't agree on fair market value. They have to go to court and a judge will name the price. Klein stated that when they get to that point, the landowner isn't willing to sell so they have to go to court. Another option is to move Garrison Road to the east. The benefit is that there is only one railroad crossing. The problem with the design is that there would be two 100-foot radius curves, which are tight. The County tried to do this in the 1980's, and backed away from it. The impact to landowners is less. Brenner asked if the East Garrison and West Garrison options are without the north leg. Klein stated that's correct. Harrison stated the project is to realign Highway 9 starting at this intersection. The project to the west of Garrison Road is to rebuild the alignment. The project east of Garrison Road creates a new alignment that goes straight into Sumas. The driver of the project is realigning Highway 9. Garrison Road is just one intersection they have to deal with on that design. Brenner asked why Garrison Road can't connect to the north. Harrison stated that in designing the project, they have to bring the design up to current standards. They are looking at safety at the most economical cost. Because of the railroad, they found a better benefit and less impact to eliminate an intersection. Public Works and Safety Committee, 6/15/2004, 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 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. The State held an open house, and talked to emergency services personnel, who agreed that eliminating an intersection while still providing circulation needed on local roads and access to the highway is the way to go. The existing alignment of Highway 9 will be turned back to the County. Brenner asked if there is an option for keeping the north leg of Garrison Road open. Harrison stated there is not. The south leg is the County's road. Crawford stated the County's interest is the road approaching from the south. There might be a constituent interest in the north leg, but the State already decided on what it will do to the north leg. Today, the Council is going to provide feedback for the southern access. He didn't think that keeping the north leg is an option the County has. Harrison stated that summary is correct. Brenner asked if the County has no say about closing off the north leg of Garrison Road. Harrison stated the State has already been through the public process. It can close the road without County input. Klein stated the first house is about a quarter mile up the north leg of Garrison, which is where they decided to cut off the road. The final proposal for Garrison Road is to just close off the road, create a cul de sac, and not cross the railroad at all. Brenner asked how far it is to get to a road that goes north to Sumas with the west Garrison Road option. Klein stated Badger Road is State Route 9 and goes to Sumas. Caskey-Schreiber asked if the proposed realignment of this intersection is mandated. Harrison stated it is not. They're dealing with a challenge on the design of the new highway and an unsafe intersection. They're trying to solve a safety problem with the new design of Highway 9. Their budget is mandated and the project is funded from the gas tax. This is a challenge they have to deal with. Safety and impacts are their first concern. Caskey-Schreiber asked if the DOT is trying to upgrade the whole corridor, and if this is related to the commerce corridor. Harrison stated that is something completely different. Caskey-Schreiber asked the whole vision for Highway 9. Crawford stated they could be talking about five lanes from Interstate 5 on the Guide Meridian to the border and to Nooksack. That is a long way out. Three lanes on Badger Road is ambitious right now. The Port and everyone has made Sumas an attractive place to cross. Public Works and Safety Committee, 6/15/2004, 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 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. Harrison stated the 20-year State transportation plan is due for an update over the next year and a half. Currently, any change to Highway 9 realignment to the south is not in the plan. This project is an investment using the current routes and freight routes in place. Crawford stated it could be defined as getting people from Sumas to Guide Meridian. He asked what the railroad people say about the east Garrison and west Garrison realignments. Klein stated the west Garrison option has been okayed. The east one hasn't been looked at, but it doesn't pose any tricky issues. Crawford stated the County's interest is the road coming up from the south. He asked if DOT is amenable to the design the County recommends. Klein stated it is. McShane asked what happens if the County refuses to close the road. Harrison stated the DOT has to deliver a project. The legislature found the project important enough to fund. They're in the process of buying the right-of-way. If the County doesn't close the road, the east option and the west option are the two options the DOT is left with. DOT would get the new crossing permitted from Burlington Northern Railroad. There would be no more action from the Council required for DOT to finish the project. The impact of the Council not approving the road closure is that the project has to be permitted and there are budget implications. The additional right-of-way and new alignment are not in the new budget. McShane asked if there is a tendency to not give the north leg of Garrison Road to the County. Harrison stated there is not. McShane asked if the DOT still has to come up with a new alignment stated if the south half of Garrison is not closed. Even with the realigned road, a driver will drive north on the south leg of Garrison Road, hit Highway 9, and have to turn either right or left. There won't be an option to continue north. Harrison stated that is correct. McShane asked if Whatcom County would need to bear the cost of building a new intersection if it wants the north end of Garrison Road to continue to have access to Highway 9. Harrison stated the State retains ownership of access rights through there. A goal of the project is to keep the number of access points down. This project has controlled access. As the State buys property, it also buys access rights. This is a major freight route and the State wants to preserve safety, so it will continue ownership of access. McShane stated the County would not have access from the north. Harrison stated that's correct. McShane stated he is concerned about access to farm fields. Farmers will have to drive around. The County won't have control over that. Public Works and Safety Committee, 6/15/2004, 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 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. Fleetwood asked to what extent Burlington Northern Railroad can kill the project. Harrison stated the railroad was there first, so the State is there by permit. The State has a crossing permit from Burlington Northern. There's no process to mandate a permit. Fleetwood asked what assurance the State has that Burlington Northern is willing to grant a permit. Harrison stated the DOT has engaged the railroad early in the process. Klein stated the State received guidelines from the railroad company and created a design. The railroad company denied that first design. Harrison stated there are no guarantees. The DOT has to work through the permitting process with the railroad company. Caskey-Schreiber stated she thought the Canadian Customs was going to make the big truck crossing at Lynden-Aldergrove. The State Department of Community, Trade, and Economic Development (CTED) said they need to keep the Guide Meridian as the high traffic corridor. She's surprised they're spending money on this route. Harrison stated they're not. He works with the Whatcom Council of Governments and the border partners. They desire to spread out the volume with crossings at Lynden-Aldergrove, Sumas, and Interstate 5. The big picture is to allow viable crossings for commercial crossings at all three locations. Caskey-Schreiber stated British Columbia has an east -west freeway. She asked why Whatcom County needs to facilitate the Canadians moving faster through the county. Harrison stated that's a long discussion. There's been large investments at the Sumas crossing. There's a large facility in Canada to bring in overweight traffic trailers into Sumas and onto railways for distribution in the U.S. On the Canadian side, there is a large amount of infrastructure that services container traffic. Trans -Canada 1 comes close. In their long range plans for freight, Sumas is a key border crossing. Marilyn Haggen, resident, stated she would be the most impacted financially. She has a small business south of the intersection. Most customers come from East Badger Road. She also has a dairy. The problem with closing the road is that it diverts traffic onto Telegraph, which is too sharp to accommodate tractor -trailers. If they do the western approach, it takes out prime farmland from production. Veering to the east does not. Given the DOE permits and County regulations, taking out farmland is a big impact on her farm. She has 80 acres. Brenner asked about wetlands. Haggen stated she has no wetlands. There is a drainage ditch. Brenner asked if the State will decide how to realign the road if the County declines to close Garrison Road. Harrison stated that's correct. Public Works and Safety Committee, 6/15/2004, 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 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. Haggen stated the accidents shown in the presentation weren't close to this intersection. Crawford asked if trucks would have trouble at Lindsay and Telegraph Roads. Haggen stated the trouble would be at Badger and Telegraph roads. There's a very sharp corner that is difficult or impossible for tractor -trailers. Crawford asked about trucks going south on Garrison Road and turning west on Lindsay Road. Haggen stated they would have to cross Alm Road, which isn't possible because it has a raised railroad track. Harrison stated the State would commit to making improvements to make sure those intersections are safe. Haggen stated she is concerned her customers will no longer make the longer trip to get to her business. Dick Dykstra, citizen, stated the majority of trucks go to Telegraph Road. They don't go via Badger Road to the Guide because the Guide is too congested. Many go to Nugent's Corner or to Everson Goshen Road. Another option is to extend the left hand turn on Garrison Road. Crawford asked about extending the three lanes on Badger Road east to beyond the railroad. Klein stated only four vehicles an hour take a left turn onto Garrison Road. (Clerk's Note: End of tape one, side A.) Klein continued to state that it doesn't warrant a turn lane. Crawford stated that's 100 vehicles per day. There is only one train per day. Klein stated this becomes the main route if the coastal train track washes out. Dykstra asked why they can't put in a left hand turn lane west of the track, if there's a concern of safety. He asked if the County has to assume the north leg of Garrison Road. Crawford stated it does. Pearson Dykstra, Garrison Road, stated the realignment will cause an inconvenience. He lives on the north end of Garrison Road. They will have to go to the Clearbrook Road, turn left on the High School road. When the railroad at Sumas is switching, the plants let out, and trucks see all that traffic is blocked, so they go west. They will go right through the middle of Nooksack Valley parking lot. There is a hazard. Public Works and Safety Committee, 6/15/2004, 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 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. Brenner stated the County has no control of what the State does with the north leg. John Van Middendorp, resident, stated the east Garrison Road option goes right through his dairy operation. His drain field and calf hutches are there. The road would be within 30 feet of his house. Then they would bring Badger Road right in front of his house and block him off. He wouldn't be able to get off his yard to the road. It won't be a place to live. Do anything but the east Garrison Road project. This is where he lives. His house is right there. There are three options. They're trying to funnel a huge highway between a plant, a railroad crossing, an intersection, and his property. There's no room for the highway, but the State wants it done. The truck traffic is a constant noise. He suggested taking the highway before it gets to the railroad, rounding off the curve, widening the existing road. There are only two houses that would have to be removed. There would be plenty of room at Valley Electric to make a decent curve. It would go right to Sumas. The DOT is planning a long term road going to Interstate 5 from Sumas. They have all the ground bought. Take that free ground, go to South Pass Road, eliminate this intersection, and they are right on the same path. Go from the High School to Dunlap's curve, where there is an S curve that two cars can't go on. Now, the DOT is going to put 18-wheelers on that curve. Brenner asked for comments from the DOT. Klein stated trucks go across on Highway 548 and go to the Guide. Van Middendorp stated that's not correct. Brenner stated they're getting a different story from the State and the residents. She's not comfortable making a decision. Crawford asked if the Engineering Division has a recommendation. He asked about the western option. Joe Rutan, County Road Engineer, stated the options that have been showed are preliminary enough that the Engineering Division would need to evaluate their effects. Brenner stated the DOT will decide. Rutan stated that's correct. If the County makes funds available, it has more say. Caskey-Schreiber stated she is very familiar with this area. She asked why they can't round out the corners on the existing Highway 9 route from East Badger Road to Garrison Road and Sumas, and avoid the railroad totally. Klein stated the project is to bring the road up to standards, with eight foot shoulders and 12-foot lanes, plus stormwater facilities. There is 20 feet of right-of-way, which is not enough to do what they need. The State would have to buy additional property and access for three and a half miles. In the current design, they have to go across Public Works and Safety Committee, 6/15/2004, 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 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. Garrison Road and go less than a half mile to get to property the State bought in the 1960's. Harrison stated the route decision wasn't arbitrary. To get curves in there they would take out a lot of property and impact the environmental heavily. They weighed all the alternatives to come up with the best solution and to provide a project that will work at a reasonable cost to the taxpayers. The current alignment, using the right-of-way in the 1960's, is what they chose. Caskey-Schreiber asked if he's saying it's cheaper to build a brand new road than to try and modify an existing route. Harrison stated that's correct, because they don't own that right-of-way. Rutan stated there is an additional benefit to the County. The County is struggling now with a large number of trucks going down the Siper Road and Goodwin Road area. Highway 9 makes many right hand turns. He is interested in Highway 9 being the more preferred route and getting people off the Siper Road and Goodwin Road. Caskey-Schreiber stated she doesn't understand why they need to facilitate a straighter route. This is in the middle of the country. She asked why they need to build an expressway on country roads. If the drivers take the corners slow, there should be no problem. She's experienced the trucks driving very fast, so they will of course have problems on a sharp corner. They may save five minutes by having a straighter road, but they will still get bogged down at the Guide Meridian. Van Middendorp stated that the west option to move Garrison Road, it would eliminate all his vehicles off the new road because his bunker is at the end of the driveway. He could go to the new road. If the alignment wasn't there, he would have to go on the new road, down the new road, and go back on his property to get the feed home. That is a safety issue for his side of the business. This happens every 30 days. There was an accident recently. Haggen stated the driveway is already there for the east option, and the calf hutches are easily moved. The east option takes up a smaller amount of property. Jim Miller, Council of Governments (COG), stated his agency's driver is safety. There is phenomenal growth to the east of Vancouver in B.C. Plans are to make a freight hub in Abbottsford. Now, there is double-digit growth in truck traffic. There is a real safety issue to get straightened out. McShane asked about the intersection of East Badger Road and the future planned Highway 9. Klein stated that was the vision in the 1960's when the land was purchased, but it's not in the 20-year plan. These projects aren't developed in a vacuum. They're discussed regionally. It was mentioned that Guide Meridian is Public Works and Safety Committee, 6/15/2004, 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 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. congestion. The Guide Meridian widening up to highway 546 is fully funded and in design. All these plans are coordinated to deal with growth. Crawford moved to recommend to the full Council to request the DOT to first consider the western realignment of Garrison Road and to secondly consider the cul de sac with a study of the intersection of badger and N. Telegraph, as it relates to the ability of dairy truck traffic to navigate. They don't know yet the cost of a western realignment or an improvement to the intersection of North Telegraph and Badger roads. He asked if that gives the DOT enough information on what the County Council prefers. He asked if the DOT has to have a decision today on whether or not the Council will close Garrison Road. Harrison stated any decision affects the schedule. With the cul de sac option, the State would improve any County road intersections that need to be improved. The DOT would prefer a decision from the Council. If the Council doesn't approve the cul de sac option, the State has to go forward anyway. Crawford amended his motion to recommend to the Council to keep Garrison Road open, and to recommend that the western diversion as the preferable diversion. McShane asked about improvement of the intersection of East Badger Road and Telegraph Road as a condition of closing Garrison Road. If turning right, it's more than a 90-degree turn. That's too tight of a turn to make. There is local truck traffic between that farming area and Lynden. They aren't going to be able to drive trucks across Highway 9 anymore, regardless of whether there is an alignment to the east or west. Someone on the south end of Garrison would have to drive around about two miles. That intersection will be a problem. He would support closure of Garrison Road if the DOT commits to fixing that intersection. Harrison stated he would commit to that. DOT would have to do design and get together with County staff to come up with a design they know would work. He is committed to making this work, and he doesn't want to leave an unsafe situation elsewhere. Fleetwood asked why Councilmember Crawford proposes the option to move Garrison Road to the west. Crawford stated he suspects that the Public Works Department will not want the 100-foot radius curves in the eastern option. The western proposal takes the intersection further away from the railroad. The owner to the east is more significantly impacted because the proximity of the proposed eastern diversion to his home. Motion carried 2-1 with McShane opposed. COMMITTEE DISCUSSION Public Works and Safety Committee, 6/15/2004, Page 9 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 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. 1. DISCUSSION REGARDING THE STATUS OF THE LUMMI ISLAND FERRY 20-YEAR PLAN (AB2004-238) Jeff Monsen, stated they can hold this item in committee. COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.82, PUBLIC UTILITIES, ADDRESSING TRANSMISSION LINES OF 115 KV AND TRANSMISSION LINES OF 115 KV OPERATING ABOVE 160 MW, AND MODIFYING WHATCOM COUNTY CODE 20.42 AND 20.43, RURAL AND COMMERCIAL FORESTRY CHAPTERS (AB2004-225) Kraig Olason, Senior Planner, stated the purpose of this language is to follow up on the 1990 initiative. It talked about placement of power lines of 115 kilovolt (kv) or greater. They were restricted to areas that have already been permitted for such power lines or in industrial zones. Brenner asked about the rural and commercial forestry chapters. Olason stated they're dealing with those zones because there are some inconsistencies. They're adding additional detail for the megawatts allowed on the power lines. It will deal with the potential effects of electromagnetic fields (EMF's) on human health. There is a discussion about that in the staff report. Staff's efforts was to be prudent in that manner and look at siting opportunities to minimize exposure when possible. This language also heightens public awareness by requiring major development permits instead of a conditional use permit. A major development permit requires hearing examiner and Council approval. It gives another opportunity for community input. This language includes limiting power plant usage of multiple 115 kv lines. If limited, they will have high wattages running through those lines or multiple lines. This language introduces the potential for the industrial zone corridor. In the event that a power generation facility looks for a corridor, there is a method for that. The majority of the 115 kv lines in the county are typically on the outside edge of road rights -of -way. Finding setbacks gets difficult, especially in areas of existing homes. Look at alternatives to road rights -of -way. He submitted a letter he received from Tom Anderson, Public Utility District (PUD) 1 Manager, (on file). Brenner stated the language talks about conditional uses of electrical substations and power lines greater than 55 kv. She asked the difference between that and what is required in rural and commercial forestry. Olason stated the chapter is set up to apply zone -wide. Changes to the introduction clarifies that. It also said in the rural forestry zone that one has to get a conditional use permit. Public Works and Safety Committee, 6/15/2004, Page 10 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 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. The language was redundant. The language tries to clarify that power generation plants, as opposed to hydrogenation plants, are intended for industrial areas. Brenner asked if that makes rural and commercial forestry zones the same as the other zones, except for industrial zones. Olason stated it does. Over time, different sections get worked on at different times. They have to be worked through occasionally. Brenner asked how Mike Kaufman likes this. Olason stated he likes it. Overall, there is support for the proposal also from the Bonneville Power Association (BPA) and Puget Power. The Planning Commission approved it unanimously. They're trying to look at ways to help site these facilities. McShane asked if there will be more 115 kv lines. Olason stated there probably will be. McShane stated his biggest concern is whether he really wants more juice running through the lines in front of his yard because there is a lack of ability to put in 115 kv lines. Olason stated an efficient transmission line would probably be 230 kv lines anyway. If the line is a dedicated line, then they need to look at a more industrial grade of power transmission than just a 115 kv. This language gets at the issue of having multiple 115 kv lines. It forces the issue that there would have to be a dedicated corridor. McShane stated there is a PUD issue of 55 kv. He asked if the conditional use is for anything greater than 55 kv lines. Olason stated it has been. Now, the recommendation must go to the Council. The Council doesn't necessarily have to have a hearing, just review it. The typical transmission for distribution is 15 kv and below. Once they get above that, they are using 115 kv more regularly than 55 kv. Going less than 55 kv is not common. David Davidson, 917 - 12t" Street, Bellingham, stated the findings and the research referenced in the findings of the ordinance are poorly written. (Clerk's Note: End of tape one, side B.) Davidson continued to state this is a poor legislation in terms of building a case for what the legislation is supposed to do. For instance, public health is a concern. There is a reference in the staff report to scientific reports, but the findings don't mention the health effects of magnetic fields. There's no link that this legislation addresses the magnetic field of concern. A three -phased line produces cancellation of the magnetic field. There is more magnetic field from a single -phased line. Brenner asked how that can be. Davidson stated that three phases of electricity travel in conductors near each other, the magnetics cancel each other out to some extent. Cite the milligauss levels that were found to be a health concern Public Works and Safety Committee, 6/15/2004, Page 11 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. 1 and demonstrate that this legislation addresses that health concern. The findings 2 don't show what they're trying to accomplish. 3 4 The study references a property value. He doesn't see that the kind of 5 power line being discussed in California is the kind 115 kv power line in Whatcom 6 County, which are wood poles with three phases as opposed to metal towers. 7 Those two kinds of facilities affect property values differently. It's not clear that the 8 study cited supports the finding that they're really helping property values. 9 10 The moratorium used to be on 100 megawatts, not 160 megawatts. There is 11 nothing in the findings that support why the moratorium is better at 160 megawatts 12 than a 100 megawatt. He assumes the reason is because a Puget Sound facility is 13 a 160 watt facility, and this will keep Puget Sound happy, so their plant can send 14 power over wires but no one else's larger plant can. 15 16 The outgrowth of this was from an initiative in the early 1990's. He's heard 17 that it's what the voters wanted. The voters were concerned about metal towers 18 with 230 kv lines going through the county. The voters weren't necessarily 19 concerned about the wooden poles with 115 kv on them, which are all over. 20 21 Caskey-Schreiber stated page 119 explains why they moved to 160 22 megawatts, to accommodate Puget Sound Energy to meet design standards of the 23 County. 24 25 Andy Swain, Puget Sound Energy, stated the conclusion that there is 26 sufficient evidence to warrant further restriction of the location and/or operation of 27 power lines is based on a subset of a larger body of evidence and research. They 28 are making certain choices on what they pay attention to, as opposed to the entire 29 body of research. There is also a larger body of analysis of power lines and 30 influence on property values, and the conclusion is based on a subset of that body 31 of information. When they make those choices to be selective instead of looking at 32 the entire research, it calls into question the objectivity of the public policy basis on 33 which they're making the decision. Puget Sound Energy is not aware of any other 34 jurisdiction in the country that has even considered regulation like this, including 35 California. 36 37 He's not taking a position of opposition. Puget Sound Energy decided that 38 the County was going to do something, and decided to be a part of crafting 39 language that it can live with to meet the service needs of its customers, rather 40 than being seen as obstructive. He hopes they've achieved that. He can't say they 41 have. The language presented is based on their experience of what development 42 might look like in the future. Based on what they see today, they think they can 43 meet the needs of the county in the future. However, something in the future can 44 change. For instance, there are certain federal regulations that could drive a 45 transmission services provider to respond to a request for a transmission service. 46 That would alter what the transmission system will look like in 20 years. These 47 restrictions could come in conflict with federal or state mandates to provide Public Works and Safety Committee, 6/15/2004, Page 12 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 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. transmission services. In meeting that mandate, Puget Sound Energy would have to do so with a collection of transition lines that would be different than if those regulations weren't there, such as more lines in more places. Brenner moved to recommend approval to the full Council. Caskey-Schreiber stated she inherited this beast. It's not something she would have done on her own. A lot of people asked her to carry on Connie Hoag's vision. She thanked Mr. Olason for working with her. They tried to come up with language that reflects the intent of the ordinance. This ordinance does a good job reflecting the wishes of the people. She encouraged the councilmembers to approve it. McShane stated he approves of the ordinance. They can work on the findings of fact more. Hold the ordinance in committee for that reason. They don't need to spend a lot of time on it. Brenner withdrew her motion and asked that councilmember McShane work with Mr. Olason to clarify the findings of facts. Brenner moved to hold in committee for two weeks. Crawford asked if Councilmember McShane is concerned about liability from the findings of fact as they're written. McShane stated he is. The findings may be fine, but he hasn't had time to review them. There is no reason to rush it. Motion carried unanimously. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 3:20 p.m. Jill Nixon, Minutes Transcription ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Public Works and Safety Committee, 6/15/2004, Page 13 1 2 3 4 5 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. Dana Brown -Davis, Council Clerk Barbara Brenner, Committee Chair Public Works and Safety Committee, 6/15/2004, Page 14