T Bailey pulls out of talks on project

Land trust could go ahead with lawsuit over heronry

Skagit Valley Herald, 12/7/02

By MARTA MURVOSH

Staff Writer

ANACORTES – Work on a three-party deal that could have smoothed the way for the expansion of an industrial construction company while still protecting herons virtually stopped when one of the major players pulled out of negotiations.

Owners of T Bailey, who want to expand their wind tower construction operation, decided against attending a meeting last Monday with representatives from the Port of Anacortes and the Skagit Land Trust.

“The port would like to see all the parties sit down and negotiate an agreement, but we can’t force people to the table. This could end up in Superior Court,” said Daniel Stahl, executive director of the port.

Days after T Bailey pulled out of the meeting, the land trust hit a deadline for filing lawsuit against the company, the port and the City of Anacortes.

“We’re not trying to put more heat on,” said Brenda Cunningham, a specialist with the land trust.

The lawsuit and the canceled meeting were the latest bumps in the road hit by the three groups, which have spent several months trying to resolve their disagreement over T Bailey’s proposed expansion.

In order to grow, the company is leasing and plans to buy 3 acres owned by the port at March Point. The 30-year lease began last March. The company’s proposed expansion to sell more wind towers could create 100 jobs, which would almost double its work force.

But problems arose when the trust and other environmental groups expressed concerns that the noise from the proposed plant could harm great blue herons at a nearby nesting site. The trust owns the 3.5-acre heronry.

While herons aren’t an endangered species, the state Department of Fish and Wildlife considers them a priority species for protection.

The trust hopes to acquire 5.5 acres of the land, which the port has leased to T Bailey as a buffer between the heronry and the future plant, said Molly Doran, executive director.

The port is willing to fund the creation of the buffer, Stahl said.

“But we need T Bailey’s cooperation, as they control all this property with their lease,” Stahl said.

Last week, all three parties said they were near agreement.

Gene Tanaka, an owner of T Bailey, said he broke off talks over Thanksgiving weekend when he saw what the port offered.

“We were close, we thought. Then, the port came back with a real estate agreement and concessions that were nowhere near what we were talking about,” Tanaka said.

Stahl said port commissioners had approved at least $100,000 in concessions and also would pay to monitor the proposed plant’s impact, if any, on the herons.

Tanaka counters that the port shifted numbers around in the modified lease and as a result didn’t give up $100,000. Also, T Bailey has made lease payments without being able to use the land, has lost revenue through delays and will face additional restrictions, Tanaka said.

As of Thursday, discussions between the trust and the company were continuing informally. The trust also is still working with the port, Doran said.

If the three groups can’t reach an agreement, the trust has the option of pursuing its lawsuit. Under the Washington Land Use Petition Act, the trust is appealing a decision of the city’s Board of Adjustments to permit grading on the site of T Bailey’s future plant.

Trust representative said they believe T Bailey’s grading permit violates restrictions that protect herons.

However, the city doesn’t believe it has the authority to enforce the restrictions, said Ian Munce, Anacortes city attorney.

“If the port isn’t willing to work out a deal, there isn’t going to be a deal with anybody, and they will have to trust that we will be good neighbors and heron friends,” Tanaka said.