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| Battle Ground Yacolt and Chelatchie Prairie Problems https://www.rypn.org/forums/viewtopic.php?f=1&t=17847 |
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| Author: | Richard W. [ Tue Jun 28, 2005 4:08 pm ] |
| Post subject: | Battle Ground, Yacolt and Chelatchie Prairie Problems |
First it was the group in Toppenish, WA now the group near Vancouver, WA is having problems with the Coulmbia Basin Railroad:Railroad eviction draws county's rebuke Monday, June 27, 2005By ERIN MIDDLEWOOD, Columbian staff writerClark County commissioners last week sent a stern letter to the Columbia Basin Railroad, the operator of a 33-mile county-owned rail line, for earlier this month evicting a volunteer group that has worked for the past six years repairing the tracks. Battle Ground, Yacolt and Chelatchie Prairie Railroad Association (BYCX) began work on the north end of the line in 1999 and fixed it up enough to offer 10 mph excursion rides. But in December, the county awarded a 30-year lease to operate the full length of the line from Fruit Valley to Chelatchie Prairie to the Yakima-based Columbia Basin Railroad, which runs freight and also hopes to launch a dinner train on the line. The county formerly had leased the 19 miles north of Battle Ground to BYCX for no charge. The county's lease with Columbia Basin includes a provision requiring the company to "negotiate in good faith to accommodate future BYCX operations." But the lease also says BYCX cannot have access to the rail line until an agreement has been reached. Even before the eviction notice, the two were at an impasse. BYCX has not been able to launch its train rides this season. Negotiations broke down because BYCX won't accept the revocable "right to operate" clause Columbia Basin wants in the lease so it can take over the north end of the line if a big deal comes along. Eric Temple, whose family owns Columbia Basin, sent a letter to BYCX, ordering the group to remove its equipment from the line by Aug. 7, after BYCX volunteers moved equipment on the line without permission. Temple said BYCX volunteers have done so several times without proper training or authorization. "They don't appear to respect our lease or the laws of railroading," Temple said. BYCX President Bryan Baker said he moved a gang speeder, which carries crews along the tracks for inspection and maintenance, on June 5 because vandals had cut a chain that secured it. Baker said he feared the untethered speeder was a threat to safety, so he moved the equipment and notified Temple after the fact by e-mail. "We were just trying to do the right thing," Baker said. Temple said the "right thing" would have been for Baker to call him, a Columbia Basin manager who lives near the track, or the company's 24-hour emergency line to move the speeder. Temple contacted the FBI, because railroads are under federal jurisdiction. Baker claims Temple tried to get him arrested. Temple says he simply filed a report. "I think he overreacted," Baker said. Baker found sympathy from the county commissioners, who stepped in because they believe "it appears that (Columbia Basin) is using this single incident as justification to avoid entering into an agreement with the BYCX," according to their letter. "We do not believe you are negotiating in good faith as required by … the lease agreement," the commissioners wrote. "We understand an agreement may never be reached with BYCX based on valid reasons. However, breaking off negotiations and attempting to have Bryan Baker arrested by the FBI for moving the speeder car is … overreactive." The letter states that continued refusal to negotiate will be viewed as a violation of the lease, triggering default. "If BYCX is more important (to the county) than having a railroad that follows the law, or a dinner train, then we'll go," Temple said. "Politically, BYCX seems like the underdogs, and we seem like the big, bad out-of-town company. (But) Columbia Basin is in a difficult position because we're responsible for the entire line. … For the commissioners, this is a painless exercise to take a popular stance without any downside to them." The county-owned rail line is in poor shape and has been a money loser. In exchange for improvements to the track that could cost between $6 million and $9 million, Columbia Basin can use the line rent-free until it makes a profit. The company would start paying the county once it's running about 1,000 cars a year on the line. Under past management, the line handled fewer than 100 cars a year. Temple hopes the freight line will become profitable enough to underwrite the planned dinner train, which would be similar to the Spirit of Washington that his company operates in Renton. Baker said BYCX volunteers will have trouble getting all the equipment off the rail line by Aug. 7, especially given that Temple has said they can't move it along the tracks. Commissioner Marc Boldt has asked Temple to delay the deadline. Temple said his company will pilot the equipment off the line at the company's expense if BYCX is working to remove the rest of the equipment that's off the tracks and tries to meet the deadline. "If it needs an extra week or two, that's fine," Temple said. But if BYCX refuses to try to meet the deadline, Temple said Columbia Basin will scrap the equipment after Aug. 7, deduct its cost and give the rest of the proceeds to BYCX. Erin Middlewood covers Clark County government and transportation. Reach her at 360-759-8031, or by e-mail at erin.middlewood@columbian .com. Update Previously: In December, Clark County awarded a 30-year lease to operate its 33-mile-long rail line to the Yakima-based Columbia Basin Railroad, which runs freight and also hopes to launch a dinner train on the line. The lease requires Columbia Basin to negotiate "in good faith" with the volunteer Battle Ground, Yacolt and Chelatchie Prairie Railroad Association (BYCX) so it can continue to offer excursion rides on the line north of Battle Ground. What's new: Clark County commissioners sent a stern letter to Columbia Basin after it evicted BYCX from the line. What's next: Columbia Basin has given BYCX an Aug. 7 deadline to move its equipment off the line. County commissioners said they may revoke Columbia Basin's lease if the company doesn't negotiate with BYCX. |
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