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Mercer Island Council Prepares for Possible Lawsuits in I-90 Toll Response Plan

The Mercer Island City Council sharpened its language on its plan for a response to the possibility of tolling on Interstate 90, including language

The Mercer Island City Council sharpened its tone in its plan for a response to the proposed tolling of Interstate 90 -- and included language that made it clear that city would be ready for a possible lawsuit if the state pursues tolling.

The plan, called the I-90 Tolling Work Plan, outlines the city's strategy for responding to the Washington State Department of Transportation's proposal to toll Interstate 90 -- which Mercer Island residents largely and vocally have opposed.

The strategy includes the city setting up mechanisms for public input and information, coordinating outreach to residents and businesses, other Interstate 90 cities throughout the state that also would be affected by tolling, federal and state lobbying against tolls and more. 

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You can watch the meeting online on the city of Mercer Island's website or on cable channel 21. You can get a full copy of the work plan here: www.mercergov.org/files/FinalI-90TollingWorkPlan.pdf

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The council approved $150,000 from the city's contingency fund for legal and consultant services to implement the plan, which was approved unanimously.

At the Feb. 25 Mercer Island City Council meeting, Cero and Grady criticized the city's initial draft plan as not specific enough in outlining its legal steps to prepare for a possible lawsuit and not specific enough in how the city would incorporate lawyers in its strategic response to the Interstate 90 proposal.

At the March 4 meeting, Grady also criticized any implication that tolling Interstate 90 may be inevitable and that the city should be open to exploring alternatives to tolling for Mercer Island residents, such as a double gantry, reduced rates, monthly maximums, and other possible ways to reduce the impact to people who live and work on Mercer Island.

"If we were to go in front of the legislature today and ask for a special deal, what are the likelihoods that we're going to get that?," Grady said. "There's not a whole lot of sympathy down in  in Olympia for people who go down there and say, 'Gosh, I'd really like a special deal for Mercer Island.' "

The plan now includes new pointed language against the tolling proposal and more examples of how it would affect detrimentally organizations and residents of Mercer Island.

"Tolling I-90 is a short-sighted option that could have unintended consequences on the communities in the region," is among the newest language included.

It also includes an exploration of filing a "friend of the court" brief in a lawsuit that the city of Portsmouth, VA, has filed against the Virginia Department of Transportation related to the tolling of two tunnels, and makes clear that the city is open to exploring its legal options against a toll.

The latest version of the work plan includes "Challenge Federal Approval of Tolling," which would be through lobbying efforts at the state and federal levels, and "Legal Remedies," which outlines the following:

In addressing the significant impacts tolling will have on the region, it is important to ensure that legal requirements are followed and legal rights fully protected. Many aspects of the State’s tolling proposal (including, but not limited to, environmental review, consultation under the 1976 Memorandum of Agreement, federal approval of tolling, etc.) involve legal issues and the possibility that only through litigation will legal compliance and protection of the City’s legal rights be assured. To this end, the City will: 

i. Retain litigation counsel, when appropriate, to review these issues and, if necessary, pursue legal remedies including litigation.

ii. Follow the pending Portsmouth, Virginia lawsuit and explore joining an amicus brief with other cities or civic organizations.

What do you think of the work plan? Tell us in the comments.

dave March 5, 2013 at 08:45 pm
Maybe we should start the Judy Clibborn Re-Call Petition... she's Mercer Island own... and a big supporter of Toll & Tax everything that moves.....
Ray Burt March 5, 2013 at 09:51 pm
Be careful what you wish for: Say that worked. Then the head of the transportation committee would be from somewhere else -- and it is almost a 0% chance whoever that is would be support of Mercer Island citizens.
Robert T. Brown March 5, 2013 at 10:38 pm
Actually, the fact that Judy Clibborn lives on Mercer Island is to her advantage when proposing tolls. Just as Councilmember Mike Grady said two meetings ago, she didn't want to go after Bellevue or Seattle, but set her target on I-90. She is using her residence to persuade people that Mercer Island won't be worse off, and even has the effrontery to say that it will relieve traffic. She is hardly representative of the City's interests, and neither is Councilmember Bruce Bassett. That is why he should also be subject to a recall petition. He even admitted that he would be better off not on the Council... perhaps we should grant him his wishes to go live "somewhere warm".
Clibborn deceitfully betrayed the trust of her constituents by proposing tolling. Furthermore, she has immunity to the tolling because she simply takes her 20-metre yacht to Olympia and back.
Ray Burt March 5, 2013 at 10:47 pm
Mr. Brown,
That may all be true. But do you really think a replacement (say from Eastern Washington) would be more likely to do what we Mercer Islanders want? Just seems really far-fetched. Ray
Robert T. Brown March 5, 2013 at 11:04 pm
Actually, I do think that a replacement from Eastern Washington would be better. A Representative not with the fortune and wealth as Clibborn has would be more "down to Earth" and fiscally prudent. Furthermore, even Eastern Washingtonians realize the detrimental effects of I-90 tolling- one newspaper in the region outlined these effects (I will post the link after finding it).
What Mercer Islanders want is No Tolls On I-90 for anyone, at anytime. Simply watching the number of public speakers at the Council meetings will reveal that "special-exemptions" will not work, and are not supported regionally.
Ray Burt March 5, 2013 at 11:17 pm
Mr. Brown,
Unfortunately, reality suggests otherwise. The public speakers (I watched on TV) are sure vocal...but their influence in Olympia is zilch. Though if we do through Clibborn out and you get your wish, hope you are ready to take the heat when full tolls for all MI folks at all times are imposed. Ray
Ray Burt March 6, 2013 at 04:17 pm
In Judy's own words http://www.mi-reporter.com/news/195469211.html
Thomas Imrich March 6, 2013 at 04:44 pm
If the head of a transportation organization, whether for a legislative body or not, truly understood anything about transportation, then they would also understand the fatal flaw in trying to apply a local tolling tax to an Interstate highway segment so as to divert that revenue to other purposes, regardless of merit. Such a seriously flawed government policy ultimately leads to the destruction of the entire national Interstate highway system. We instead need representatives that actually understand at least the basics of transportation, as well as faithfully represent their constituency, regardless of where they may reside.
Paul Calderon March 7, 2013 at 02:51 pm
I'm glad that the Mercer Island City Council finally woke up and has taken on the job of officially resisting tolling on I-90 through every legal means available. We as citizens and residents of Mercer Island should support and encourage everything that can be done to resist tolling. I would recommend that the City establish a "community fund" destined only for defraying the costs of fighting tolling. I for one would be glad to contribute.
As for Mayor Bruce Basset's lukewarm statements, and Judy Clibborn's fifth column activities in favor of tolling, let the ballot box decide and punish those who clearly resist or subvert the public's overwhelming hatred of tolling.
Ray Burt March 7, 2013 at 10:25 pm
WOW...the city has just informed everyone who is on the city email update list for I-90 tolling that two citizens (Marty Gale and Claus Jensen) have filed a public records act and so all the email addresses will be made available to them. In the age of the need for increased privacy, these two citizens (who happen to be Patch posters) are taking it upon themselves to use a law never intended for this use -- to access private email addresses that were provided with the understanding they wouldn't be shared. Presumably, there is no limitation to what they'll do with the email addresses -- spam folks, sell the addresses, etc. I hope the PATCH takes a very strong stand against such behavior. In any case, it's about the slimiest thing to happen around here in a long, long time.
Claus Jensen March 7, 2013 at 11:52 pm
Mr. Burt,
I think your interpretation shows your eagerness to attribute the same kind of motivations to others as you have! The slimiest thing to happen "around here" is the efforts by Representative Judy Clibborn to toll I-90 and then pretend that she is working hard to protect us from the devastating effects on all Mercer Islanders!
Claus Jensen March 7, 2013 at 11:52 pm
Mr. Burt,
I think your interpretation shows your eagerness to attribute the same kind of motivations to others as you have! The slimiest thing to happen "around here" is the efforts by Representative Judy Clibborn to toll I-90 and then pretend that she is working hard to protect us from the devastating effects on all Mercer Islanders!
Publius March 8, 2013 at 12:59 am
Ray - what advantage do you think these emails will provide those making the request? If they do spam people do you think that helps the cause? I think not.
Also, when did you think email was private? These days there really isn't anything private about emails.
Ray Burt March 8, 2013 at 06:08 am
What legitimate reason would these two folks have to use a public records request to get a list of people's email addresses that isn't slimy? What possible noble objective could they possibly have? There are none...that is NONE...that comes to a reasonable mind. I can only imagine the fury the city would deal with should they have published email addresses of folks subscribing to their newsletter. That same fury is properly directed at the folks making the request. It's the slimiest thing that's happened here in a long, long time.
Claus Jensen March 8, 2013 at 02:00 pm
Mr. Burt,
Since you persist in your "sliming" attacks, let me tell you exactly what I was going to do with the mailing list. I had planned to write a response to Judy Clibborn's Letter to Mercer Islanders, pointing out her many flip-flops and misrepresentations regarding her position on tolling I-90. I would consider that an attempt to provide much needed information to the same group of citizens who are interested in updates about the tolling of I-90. However, when I read Ms. Knight's email yesterday and realized I was being portrayed as a spammer, I notified her and The City Clerk that I was withdrawing my request for the mailing list - and that happened BEFORE i read your defamatory post impugning my motives. So, as a result, many of my fellow Mercer Islanders will not be able to read a factual and detailed response to Representative Clibborn's mis-statements - and perhaps that is exactly what you were trying to accomplish? In any event, I will not be receiving a copy of the mailing list - and I have asked the City to include that fact in an update.
Richard Walther March 8, 2013 at 08:10 pm
Hello,
We are Democracy Workshop, and have written Washington State Initiative I-1285 to "Prohibit Tolling on Interstate Highways" We need your help to get the message out, that we don't want the State tolling our Interstate Highways. We also need your help with contributions, so that we will have the ability to hire paid signature gatherers to ensure that we collect the 350,000 signatures that are needed to qualify this issue for the November ballot. Contributions can be made through our website where you can choose either PayPal, mail-in check, or credit/debit card transaction. Please Click Here to Contribute http://www.democracyworkshop.com/index_files/ContributionsPortal.htm Please "like" and share our Facebook page www.facebook.com/pages/Democracy-Workshop/152713128216273 Thank you, we appreciate your support!!
Jerry Gropp Architect AIA March 10, 2013 at 07:33 pm
Two points for honesty!
Ray Burt March 11, 2013 at 12:33 pm
I am retiring from using this or any other pseudonym. I apologize for any hurt I’ve caused. It's over. On topic, I’ve not seen MI folks so united on one issue (tolling) as I see now. It will be interesting to watch how that nearly universal opinion impacts decisions.
Thomas Imrich March 11, 2013 at 01:30 pm
Mr. Pseudonym "Ray Burt", regardless of whatever your real name may be, ...thank you for adopting the position to drop a pseudonym that inappropriately appears to represent a real person and MI citizen. It is understandable that a person from time to time may legitimately prefer to use a pseudonym, but when that is done, it at least should be clear that it IS a pseudonym. Otherwise relevant context, motives, and potential conflict of interests cannot be identified and mitigated. That is why sincere and informed citizens such as Mr. Jensen and Ms. Gale's efforts to confer with real MI citizens, and even the City of MI's efforts to interact with real identifiable MI citizens, is so important to our future ability to suitably sustain our community, if not even our democracy. You are correct that our MI citizens are overwhelmingly united in this effort to both save our I-90 Interstate highway(s) from inappropriate tolling, as well as to preclude unfair, disproportionate, and inappropriate taxation of our MI citizens, employees, businesses, and institutions. Hence I hope that in the future we will have the pleasure of knowing your real name if you are actually a real MI citizen, so as to be able to best engage you in the important business of getting our local representatives to uniformly get on board, leading the needed actions to catch up to the clear position of their constituents, to assure NO TOLLING of I-90, and especially not do it as a tax to pay for other uses.
Jerry Gropp Architect AIA March 11, 2013 at 07:34 pm
Lotsa PatchReaders will stop soDoing- me included. It's been nice. J-

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Paul Zohav M.Ed. May 30, 2013 at 01:10 pm
Mercerwood Shore Club Address: 4150 E Mercer Way, Mercer Island, WA 98040 Phone:(206) 232-1622
Connie Carson May 30, 2013 at 02:33 pm
Thank you, that was not clear in the initial article. CC
Connie Carson May 30, 2013 at 03:18 pm
Sorry, that phone number rings forever. Guess I will be missing this.