For Immediate Release For More Information:
Contact: Carolyn Casey 360-676-2500
Port Commission Pursues Legal Solution to Airport Water Issue
Future of Airport Fire Station at Stake
[Bellingham, Wash.] After nearly two years of working with the City of Bellingham to resolve a dispute over water access for Bellingham International Airport properties, the Port of Bellingham's Board of Commissioners today voted unanimously to file a lawsuit seeking a legal resolution to the issue.
"We view this action as a necessary last resort to resolve this issue with the City," said Commission President Doug Smith. "The Port has exhausted every collaborative way to move ahead with the City and it would be poor public stewardship to risk further delays."
The lawsuit will be filed this week in Whatcom County Superior Court.
The Port must build a new, expanded Airport Rescue and Fire Fighting Station to meet Federal Aviation Administration (FAA) Requirements. The FAA has committed over $2 million for this essential public safety facility and the Port has awarded the construction contract to Tiger Construction so that this work can begin as soon as a permit is issued.
Whatcom County government cannot issue a permit until it has a City of Bellingham letter agreeing to provide water service to the airport fire station. Although the Port filed its permit and request in February, the Port still has not received a response from the City.
Continued uncertainty and delays jeopardizes the FAA funding and puts the airport operations certificate at risk, said Airport Director Art Choat, citing recent comments from FAA officials. The FAA has declared this project a critical safety issue.
The current Port-operated airport fire station is too small to house both fire trucks, meaning that one must remain outdoors, subject to freezing in the winter. The current station also is located in an area that is congested, potentially delaying the emergency response time to an aircraft emergency.
The Port lawsuit notes that the Port and City entered into a Utility Easement Agreement in 1984, in which the Port built extensive sewer and water infrastructure at county-wide taxpayer expense. After entering into the agreement, the Port invested millions of dollars to build pipelines, lift stations, and related water and sewer infrastructure sized anticipating development of Airport facility properties and adjacent industrial properties. Some of that investment helped the City with water services to the Cordata area and adjacent neighborhoods. The Port then gave the City ownership of the water and sewer utility infrastructure it built, based on a contract in which the Port could tap into the water and sewer system.
Until 2004, the City provided water to Airport properties. But in 2004 the City changed its long-standing policy and tied utility extension to annexation agreements. The Port and City agreed in 2007 to explore the many operational issues of annexation and analyze the potential impact of annexation on the Port, the City, the County, the Fire District and on the numerous businesses operating on the Airport properties. As part of that Interlocal Agreement the City agreed to continue considering Airport utility extensions during the analysis. The City still has not completed the analysis report.
In the fall of 2007, the Port made a presentation to the City Council about the upcoming fire station project, as well as about the other airport properties. In February 2008, the Port applied for the airport fire station project. Since then the Port has repeatedly asked the City to move forward on the water and sewer utility services for this essential public safely project, but no City action has been taken.
The new fire station site, the former Washington Air National Guard property, already has City water and sewer utility service, but the City has indicated the Port would not be allowed to connect the new building to that service.
"Getting a judicial determination of our public airport property water and sewer utility rights appears to be the only option the Port has left," Smith said. "We cannot continue to jeopardize federal grants and public safety at our airport."
It is not yet known how quickly this issue will be heard in Whatcom Superior Court.
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