Chief
07-29-2007, 04:59 PM
http://www.portvanusa.com/news/releases/CTEDnomination.pdf
October 31, 2004
Governor’s Executive Policy Office
Attn: Cheryl Huggins
Dear Ms. Huggins:
On behalf of the Port of Vancouver USA, I respectfully submit the following nomination to the Economic Development Awards Program in the category of Leadership and Planning.
CRANE SETTLEMENT AGREEMENT
SETTING A NEW COURSE
FOR THE FUTURE
PROJECT SUMMARY
A landmark settlement agreement between the Port of Vancouver USA and the Columbia River Alliance for Nurturing the Environment (CRANE) was signed in October 2003. CRANE is headed by Paul King, a neighboring financially affluent industrialist and naturalist. This settlement ended a 10-year legal dispute between the Port and CRANE on two of the most important projects in the history of the Columbia River.
The Port of Vancouver received letters of commendation from both Governors of the states of Washington and Oregon praising the Port’s decision to fund economic development instead of lengthy litigation.
In the period of just one year, the obvious impacts of this landmark settlement agreement are extensive, far-reaching, and definitely play a pivotal role in the history of the Columbia River.
BACKGROUND
Beginning in 1993, Paul King and CRANE continually initiated legal obstacles within the public regulatory processes, substantially slowing down two major projects:
1. Development of the Port of Vancouver’s 1,100-acre Columbia Gateway.
2. The multi-jurisdictional Lower Columbia River Channel Improvement Project.
These legal obstacles delayed both projects by years, and cost the Port of Vancouver millions of dollars in legal fees and missed opportunities.
The development of the Port’s Columbia Gateway property was hindered by the inability to receive sand (fill) from maintenance dredging. This fill is necessary to raise the Gateway property above the 100-year flood plain; which must be completed prior to any development. Because of CRANE’s legal actions, the acquisition of such fill had been delayed, forcing interested customers and expanding tenants to look elsewhere for developable land.
Legal obstacles challenging the public process of deepening the Columbia River channel (the core of the Columbia River Channel Improvement Project) also incurred more costs for additional technical review involving scientific experts across the nation. This has slowed the process profoundly. Delays in this 20-year long deepening project consequentially created legislative issues, including the continual re-educating of new congressional members and reauthorization for funding.
Basically, the settlement eliminated opposition by CRANE to the Port of Vancouver’s efforts to develop maritime & industrial properties at Columbia Gateway, and dismissed all of its pending lawsuits to the Channel Improvement project.
Furthermore, CRANE agreed not to pursue, file or fund future legal challenges against the two projects, as well as other related dredging activities of the Columbia River.
In turn, the Port of Vancouver agreed to focus marine and industrial development on the Parcel 3 property south of the Vancouver Lake Flushing Channel (see enclosed map) while committing the Parcel 4 & Parcel 5 properties, which lie north of the flushing channel, to extensive environmental restoration. CRANE will also participate in the environmental mitigation process north of the flushing channel.
The Port of Vancouver had always known that a large portion of the Columbia Gateway property, which is located in the environmentally sensitive Vancouver Lake Lowlands, would be designated for mitigation to satisfy regulations by environmental permitting agencies. Even though the settlement agreement designated a little more land to mitigation than is required by the agencies, the Port of Vancouver felt it was time to start funding economic development and the future of the port, instead of lengthy litigation.
EFFECTIVENESS
The $750,000 contribution by the Port of Portland to CRANE for environmental restoration and habitat creation on the Columbia River & Lowlands ecosystem areas affected by the agreement revealed the key significance of the settlement. Six Lower Columbia River ports; Portland, Vancouver, Kalama, Woodland, Longview, and St. Helens, have strived for the last 20 years to deepen the Columbia River Channel from 40 to 43 feet.
The elimination of the CRANE lawsuits was a welcomed relief to these partner ports, whose vision to improve global trade on the Columbia River was often fraught with legal battles. Recently, U.S. President George W. Bush visited Port of Portland’s Terminal 6 to reiterate the importance of the deepening project. His endorsement will ease the way for Congress to come up with the $15 million necessary for the U.S. Army Corps of Engineers to begin actual construction in 2005.
Results: 1) Port of Vancouver received $750,000 from Port of Portland toward restoration efforts.
2) Near certainty that dredging of the Lower Columbia River channel will begin next year.
At the Port of Vancouver, the development of Columbia Gateway was expedited by leaps and bounds. Prior to the settlement, Gateway development was debated for years as to where mitigation and development should be located on the 1,100 acres. There were long tedious discussions with natural resource agencies, developers, consultants and environmental groups during the master-planning and EIS processes.
Most importantly, the settlement agreement established the boundaries where development and mitigation will occur. By removing this obstacle, the project has made great strides on the development side and began the National Environmental Protection Act (NEPA) process; which kick-starts the final stages of preparation for development.
In addition, the Port was able to complete a maritime market study which forecasted the opportunities that fit the features of the defined Gateway development area on Parcel 3. This resulted in a Commission-approved preferred alternative, mapping out future development at Gateway.
Results:
1) The Port was able to start the NEPA process ahead of its original schedule,
by three to five years.
2) The Port was able to complete a maritime market study, identifying
future opportunities for Columbia Gateway.
3) Commission approved a preferred development plan, providing a road map for the future.
With the certainty of Columbia Gateway development on the long-term horizon, the Port’s Commission and staff were able to better focus on what needs to be done in the interim period. This resulted in the following key moves:
First, it increased the urgency to complete the redevelopment of Terminal 3; the last terminal to be upgraded as part of a 10-year terminal modernization program. Now all the older port terminals feature new and upgraded paving, lighting, and infrastructure. The Port of Vancouver can now boast of its ability to collect and process 100% of its storm water from these operating facilities.
Secondly, the Port of Vancouver purchased 265 acres of the neighboring Rufener Farm property which is zoned for light industrial and agriculture. This additional land will help tide over the expansion needs of Port tenants until the Columbia Gateway property is ready. The Port is already planning for the expansion of several major tenants right now.
Thirdly, the Port is better equipped to make decisions with a more global-view. This enabled the Port to take advantage of non-regional business opportunities as in the example of the Bay Bridge Fabricators (BBF) proposal. The Port was able to carve out a 25-acre portion of its auto terminal to accommodate this potential $30 million capital investment with 530 direct and indirect jobs, based on their new knowledge from the maritime market study that another auto facility is being planned at Columbia Gateway. The Port of Vancouver site continues to be part of the BBF’s proposal to replace the East Span of the San Francisco-Oakland Bay Bridge.
Results:
1) Completion of Terminal 3 renovation, the last of the port’s current operating
terminals to be upgraded. Collect and process 100% of storm water.
2) Purchased 265 acres zoned light industrial and agriculture to support short term expansion needs.
3) Taking advantage of business opportunities, e.g. Bay Bridge Fabricators - which may bring 530 direct and indirect jobs to Clark County.
As preparation continues at Columbia Gateway, it was inevitable that the ports of Vancouver and Portland reopen discussion on coordinating efforts to develop both Columbia Gateway (Vancouver) and West Hayden Island (Portland), which are literally across the banks of the Columbia River from each other. Both ports agree that it is only a “political accident” that separates Portland and Vancouver when they serve the same economic region. The recently signed Inter-Governmental Agreement (IGA) committed both ports to pursue joint opportunities and avoid duplication of scarce public resources. This unique visionary move by both Port’s Commissions and staff was supported by the longshore & labor unions, customers, and the community.
Results:
This IGA commits both ports to:
* Appoint project managers to jointly develop goals and strategies
* Engage in joint marketing and facilities development
* Utilize a cost and revenue sharing formula
* Actively pursue opportunities for developing projects benefiting the Portland/Vancouver region
CONCLUSION
The CRANE settlement agreement is significant because it ended years of costly litigation, and ultimately cleared the path for economic development. It truly changed the course for the port’s Columbia Gateway development and for the Columbia River Channel Improvement project. It created a new mindset, injecting energy and optimism, resulting in fresh ideas, partnerships and interest in the port. More importantly, it was well received by all stakeholders especially during the economic downturn. The community applauded these key decisions that hold the promise of new jobs and environmental protection.
This landmark settlement agreement exemplified our elected Commissioners’ and staff’s commitment to the port’s mission of leadership, partnership and stewardship. We feel that this settlement agreement is truly an excellent example of balancing business and environmental interests, creating new local and bi-state partnerships which will ultimately result in job creation for SW Washington and the region.
The enclosed package gives a more comprehensive overview of the scope and ripple effects of this settlement that makes it worthy of mention. Please feel free to call me at (360) 992-1100 if you have any questions.
Best wishes to you and your committee as they proceed to administer this competition.
Sincerely,
Larry Paulson
Executive Director
Port of Vancouver, USA
October 31, 2004
Governor’s Executive Policy Office
Attn: Cheryl Huggins
Dear Ms. Huggins:
On behalf of the Port of Vancouver USA, I respectfully submit the following nomination to the Economic Development Awards Program in the category of Leadership and Planning.
CRANE SETTLEMENT AGREEMENT
SETTING A NEW COURSE
FOR THE FUTURE
PROJECT SUMMARY
A landmark settlement agreement between the Port of Vancouver USA and the Columbia River Alliance for Nurturing the Environment (CRANE) was signed in October 2003. CRANE is headed by Paul King, a neighboring financially affluent industrialist and naturalist. This settlement ended a 10-year legal dispute between the Port and CRANE on two of the most important projects in the history of the Columbia River.
The Port of Vancouver received letters of commendation from both Governors of the states of Washington and Oregon praising the Port’s decision to fund economic development instead of lengthy litigation.
In the period of just one year, the obvious impacts of this landmark settlement agreement are extensive, far-reaching, and definitely play a pivotal role in the history of the Columbia River.
BACKGROUND
Beginning in 1993, Paul King and CRANE continually initiated legal obstacles within the public regulatory processes, substantially slowing down two major projects:
1. Development of the Port of Vancouver’s 1,100-acre Columbia Gateway.
2. The multi-jurisdictional Lower Columbia River Channel Improvement Project.
These legal obstacles delayed both projects by years, and cost the Port of Vancouver millions of dollars in legal fees and missed opportunities.
The development of the Port’s Columbia Gateway property was hindered by the inability to receive sand (fill) from maintenance dredging. This fill is necessary to raise the Gateway property above the 100-year flood plain; which must be completed prior to any development. Because of CRANE’s legal actions, the acquisition of such fill had been delayed, forcing interested customers and expanding tenants to look elsewhere for developable land.
Legal obstacles challenging the public process of deepening the Columbia River channel (the core of the Columbia River Channel Improvement Project) also incurred more costs for additional technical review involving scientific experts across the nation. This has slowed the process profoundly. Delays in this 20-year long deepening project consequentially created legislative issues, including the continual re-educating of new congressional members and reauthorization for funding.
Basically, the settlement eliminated opposition by CRANE to the Port of Vancouver’s efforts to develop maritime & industrial properties at Columbia Gateway, and dismissed all of its pending lawsuits to the Channel Improvement project.
Furthermore, CRANE agreed not to pursue, file or fund future legal challenges against the two projects, as well as other related dredging activities of the Columbia River.
In turn, the Port of Vancouver agreed to focus marine and industrial development on the Parcel 3 property south of the Vancouver Lake Flushing Channel (see enclosed map) while committing the Parcel 4 & Parcel 5 properties, which lie north of the flushing channel, to extensive environmental restoration. CRANE will also participate in the environmental mitigation process north of the flushing channel.
The Port of Vancouver had always known that a large portion of the Columbia Gateway property, which is located in the environmentally sensitive Vancouver Lake Lowlands, would be designated for mitigation to satisfy regulations by environmental permitting agencies. Even though the settlement agreement designated a little more land to mitigation than is required by the agencies, the Port of Vancouver felt it was time to start funding economic development and the future of the port, instead of lengthy litigation.
EFFECTIVENESS
The $750,000 contribution by the Port of Portland to CRANE for environmental restoration and habitat creation on the Columbia River & Lowlands ecosystem areas affected by the agreement revealed the key significance of the settlement. Six Lower Columbia River ports; Portland, Vancouver, Kalama, Woodland, Longview, and St. Helens, have strived for the last 20 years to deepen the Columbia River Channel from 40 to 43 feet.
The elimination of the CRANE lawsuits was a welcomed relief to these partner ports, whose vision to improve global trade on the Columbia River was often fraught with legal battles. Recently, U.S. President George W. Bush visited Port of Portland’s Terminal 6 to reiterate the importance of the deepening project. His endorsement will ease the way for Congress to come up with the $15 million necessary for the U.S. Army Corps of Engineers to begin actual construction in 2005.
Results: 1) Port of Vancouver received $750,000 from Port of Portland toward restoration efforts.
2) Near certainty that dredging of the Lower Columbia River channel will begin next year.
At the Port of Vancouver, the development of Columbia Gateway was expedited by leaps and bounds. Prior to the settlement, Gateway development was debated for years as to where mitigation and development should be located on the 1,100 acres. There were long tedious discussions with natural resource agencies, developers, consultants and environmental groups during the master-planning and EIS processes.
Most importantly, the settlement agreement established the boundaries where development and mitigation will occur. By removing this obstacle, the project has made great strides on the development side and began the National Environmental Protection Act (NEPA) process; which kick-starts the final stages of preparation for development.
In addition, the Port was able to complete a maritime market study which forecasted the opportunities that fit the features of the defined Gateway development area on Parcel 3. This resulted in a Commission-approved preferred alternative, mapping out future development at Gateway.
Results:
1) The Port was able to start the NEPA process ahead of its original schedule,
by three to five years.
2) The Port was able to complete a maritime market study, identifying
future opportunities for Columbia Gateway.
3) Commission approved a preferred development plan, providing a road map for the future.
With the certainty of Columbia Gateway development on the long-term horizon, the Port’s Commission and staff were able to better focus on what needs to be done in the interim period. This resulted in the following key moves:
First, it increased the urgency to complete the redevelopment of Terminal 3; the last terminal to be upgraded as part of a 10-year terminal modernization program. Now all the older port terminals feature new and upgraded paving, lighting, and infrastructure. The Port of Vancouver can now boast of its ability to collect and process 100% of its storm water from these operating facilities.
Secondly, the Port of Vancouver purchased 265 acres of the neighboring Rufener Farm property which is zoned for light industrial and agriculture. This additional land will help tide over the expansion needs of Port tenants until the Columbia Gateway property is ready. The Port is already planning for the expansion of several major tenants right now.
Thirdly, the Port is better equipped to make decisions with a more global-view. This enabled the Port to take advantage of non-regional business opportunities as in the example of the Bay Bridge Fabricators (BBF) proposal. The Port was able to carve out a 25-acre portion of its auto terminal to accommodate this potential $30 million capital investment with 530 direct and indirect jobs, based on their new knowledge from the maritime market study that another auto facility is being planned at Columbia Gateway. The Port of Vancouver site continues to be part of the BBF’s proposal to replace the East Span of the San Francisco-Oakland Bay Bridge.
Results:
1) Completion of Terminal 3 renovation, the last of the port’s current operating
terminals to be upgraded. Collect and process 100% of storm water.
2) Purchased 265 acres zoned light industrial and agriculture to support short term expansion needs.
3) Taking advantage of business opportunities, e.g. Bay Bridge Fabricators - which may bring 530 direct and indirect jobs to Clark County.
As preparation continues at Columbia Gateway, it was inevitable that the ports of Vancouver and Portland reopen discussion on coordinating efforts to develop both Columbia Gateway (Vancouver) and West Hayden Island (Portland), which are literally across the banks of the Columbia River from each other. Both ports agree that it is only a “political accident” that separates Portland and Vancouver when they serve the same economic region. The recently signed Inter-Governmental Agreement (IGA) committed both ports to pursue joint opportunities and avoid duplication of scarce public resources. This unique visionary move by both Port’s Commissions and staff was supported by the longshore & labor unions, customers, and the community.
Results:
This IGA commits both ports to:
* Appoint project managers to jointly develop goals and strategies
* Engage in joint marketing and facilities development
* Utilize a cost and revenue sharing formula
* Actively pursue opportunities for developing projects benefiting the Portland/Vancouver region
CONCLUSION
The CRANE settlement agreement is significant because it ended years of costly litigation, and ultimately cleared the path for economic development. It truly changed the course for the port’s Columbia Gateway development and for the Columbia River Channel Improvement project. It created a new mindset, injecting energy and optimism, resulting in fresh ideas, partnerships and interest in the port. More importantly, it was well received by all stakeholders especially during the economic downturn. The community applauded these key decisions that hold the promise of new jobs and environmental protection.
This landmark settlement agreement exemplified our elected Commissioners’ and staff’s commitment to the port’s mission of leadership, partnership and stewardship. We feel that this settlement agreement is truly an excellent example of balancing business and environmental interests, creating new local and bi-state partnerships which will ultimately result in job creation for SW Washington and the region.
The enclosed package gives a more comprehensive overview of the scope and ripple effects of this settlement that makes it worthy of mention. Please feel free to call me at (360) 992-1100 if you have any questions.
Best wishes to you and your committee as they proceed to administer this competition.
Sincerely,
Larry Paulson
Executive Director
Port of Vancouver, USA