HomeMy WebLinkAboutCouncil February 25 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
February 25, 2014
CALL TO ORDER
Council Vice -Chair Ken Mann called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:01:55 PM)
Present:
Absent:
FLAG SALUTE
ANNOUNCEMENTS
PUBLIC HEARINGS
Barbara Brenner, Ken Mann, Sam Crawford, Rud Browne and Barry
Buchanan.
Carl Weimer and Pete Kremen.
1. ORDINANCE AMENDING WHATCOM COUNTY 2014 UNIFIED FEE SCHEDULE
TO AUTHORIZE THE FERRY FUND TO ABSORB CREDIT /DEBIT CARD
CONVENIENCE FEES ON SINGLE -RIDE FERRY FARES AND INCORPORATE
CREDIT /DEBIT CARD CONVENIENCE FEES ON MULTI -RIDE FERRY PASSES
(AB2014 -091) (7 :02 :49 PM)
Mann opened the public hearing and, hearing no one, closed the public hearing. He
stated the hearing will be held open until March 11 since the ferry is out of service tonight.
2. RESOLUTION AND PUBLIC HEARING RELATING TO A COMMUNITY BLOCK
GRANT APPLICATION (AB2014 -092) (7 :05 :05 PM)
(Clerk's Note: The CDBG required handouts were included in the Council's packet
and available to the public at the public hearing.)
Mann opened the public hearing, and the following people spoke:
Paul Schissler stated he encourages the Council to approve the resolution. This will
help form a consortium with Skagit and Island counties for funding for low income housing.
These counties are too small to qualify for federal funding through the home investment
partnership program. Skagit County recognized this potential funding source and invited
Island and Whatcom counties to join. Community Development Block Grant (CDBG) grant
funding provides a lot of options. CDBG funding was used last year for the Bellingham Food
Whatcom County Council, 2/25/2014, Page 1
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Bank. This funding was also used to help fund the East Whatcom Regional Resource Center
and other past programs in Whatcom County. Support the resolution to allow the County to
submit this grant application.
Greg Winter, Opportunity Council Homeless Service Center Director, stated the CDBG
application will provide new resources for affordable housing in the community. If
successful, the regional consortium would be eligible for the Department of Housing and
Urban Development (HUD) home investment partnership program. This funding could be
used to provide rent assistance to very low income homeless families. They can now only
help about one -third of the homeless families who apply for help each month. The local
strategic homeless housing plan includes a strategy to increase the supply of affordable
housing units. Rent assistance funding allows local organizations to use these new funds for
tenant -based rental assistance, which will convert private sector housing countywide into
affordable housing units. The affordable housing market has extremely low vacancy rates,
and they continue to find private landlords who want to help. Most units are private rentals.
Alex Ramel stated this funding is important to leverage future competitive grants
that can be used for direct services to support housing for low income members of the
community. It builds on an existing successful 10 -year plan to end homelessness. It allows
coordination with neighboring counties and regional strategies. Funds will be used most
effectively and efficiently as possible. Agencies must piece together limited and restricted
funds to provide services, but this can be difficult. The low- income weatherization program
is an example. These pass- through funds can also benefit by putting contractors to work
and saving energy.
Patrick Alesse stated this is a good program. It makes sense for the three counties
to work together. The people who need this help will appreciate it. The program will build a
better community. He supports the resolution.
Mann announced that the required handouts are available to the public.
Browne asked how the money is distributed if it is to be divided between three
counties. Schissler stated the members of the consortium would plan together how to use
the funds, submit a budget to HUD for next year's funding. It's possible it will be prorated
by formula based on population, but the jurisdictions have the option of dividing it up
otherwise.
Browne moved to approve the resolution.
Brenner stated all the comments focus on low income and homeless housing, which
she supports. However, the resolution also addresses moderate income housing. She will
vote for the resolution, but amend the language to say that the highest priority is given to
homeless and low income housing. She has a problem with doing this for moderate income
housing. They won't have enough funding for just the homeless and low income housing.
She moved to add language " low to moderate with very high priority on homeless and low
income housing."
Mann asked if that amendment would disqualify them from the grant funds.
Schissler stated "low to moderate income" is a HUD term. He doesn't see a problem
with the amendment. The ten year plan to end homelessness prioritizes and other local
efforts prioritize the neediest, and that's where the funding goes.
Whatcom County Council, 2/25/2014, Page 2
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Crawford stated it seems millions of dollars area available, and they are asking for
$24,000. He asked who decided how much they're asking for. Schissler stated the State of
Washington Department of Commerce sets the scheme. They receive an annual grant from
HUD, and they divide it up into several pots of money. The CDBG Planning Only Grant
Program allows grants in the maximum of $24,000.
Crawford asked if Executive Louws has been asked to process other grants.
Jack Louws, County Executive, stated another grant application will come through for
approximately $500,000 related to the energy improvement programs.
Crawford stated the language says it's not eligible to counties with a population over
200,000, which Whatcom County is. Schissler stated counties over 200,000 that don't opt
in to becoming an entitlement community are also eligible. Whatcom County, which is over
200,000 and has not opted to become an entitlement community, is still eligible. They
checked the details of the requirements to make sure Whatcom County is eligible.
Browne stated this is just for planning purposes, so there may not be much value in
amending the resolution.
Mann stated he doesn't support the amendment because this is prescriptive
paperwork. The terms are defined. He has confidence that the local agencies will
administer these funds where they're needed most. He doesn't like amending resolutions
that go to another government agency as part of an application.
Brenner stated she's concerned that moderate income applications received before
any low income applications would receive funding first.
Crawford stated it's $24,000 for a planning grant. This is for planning. It's not for
distributing to low or moderate income households.
Brenner stated $24,000 isn't enough for planning for homeless and low income
housing.
Crawford asked if Whatcom County will get the full $24,000. Louws stated the
County will receive $24,000 and work with the other two counties to develop a plan and
submit an application for another approximately $200,000 per year. This $24,000 may
result in a return of $200,000. The $200,000 would be to augment the County's help to low
and moderate income housing needs. The Health Department is sponsoring this, and would
work with Skagit County and Island County. The funds would be spent on existing
programs like the weatherization program, home improvements, and rental assistance.
Schissler stated a number of housing - related activities are eligible for the funds. So
far, the three discussions have talked about tenant -based rental assistance as one of the
highest needs for homeless families. It can be deployed quickly without creating a long-
term facility monitoring requirement.
Brenner asked if a program and spending package will come to the Council before
being approved and implemented. Schissler stated the planning process will include public
participation.
Louws stated that if this is successful, the County would enter into interlocal
agreements with the other two jurisdictions. Skagit County would be the lead agency for
Whatcom County Council, 2/25/2014, Page 3
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this particular program. The State will get its money. The tri- county group would submit
an application. If successful, the money would go to Skagit County, and Skagit County
would disburse the money back to Whatcom County or the service agencies in Whatcom
County.
Brenner asked if the contracts will come to the Council. Louws stated he brings
forward contracts per the purchasing requirements.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne and Buchanan (4)
Absent: Weimer and Kremen (2)
The motion to approve the resolution carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.27A, AQUATIC
INVASIVE SPECIES (AB2014 -075) (7 :29:45 PM)
Mann opened the public hearing, and the following people spoke:
Tony DeVore stated he lives on Lake Samish and has five small rowboats. This
ordinance would require each boat to be driven to Lake Whatcom for an inspection. Each
boat has been on only Lake Samish. He is not part of the problem and does not bring
invasive species into the lake. Many others have boats that are resident on the lake.
People should be able to have a sticker for resident boats. Those caught outside the lake
could be fined or punished. Residents shouldn't pay for something they don't have anything
to do with and don't cause.
Holly Miller stated she lives on Lake Whatcom. All the invasive species efforts are
focused on zebra mussels. However, Venus clams in the lake are already a problem. She
suggested that the County use the State's online course for a boat driver license. The State
course doesn't mention invasive species, but it should. Consider small kayaks and rowboats
that only stay on Lake Whatcom.
Wendy Harris stated no one intends to pollute the lake. She is against the ordinance
because it doesn't do enough. It's not enough that they all have good intentions. There is
a connection between invasive species and how much shoreline modification and
development occurs. Building docks and using boats weaken the ecological function of the
lake and make them more susceptible to invasive species. Even if people use their boats
only in one lake, they could bring aquatic invasive species from one location in the same
lake to another location in that lake. They are ignoring any management plan for Asian
clams, which are already a problem that is getting worse. The only way to protect the lake
is to not use it for recreation. Protecting the drinking water must be their highest priority.
Hearing no one else, Mann closed the public hearing.
Gary Stoyka, Public Works Department, gave a staff report. There is no mechanism
to verify that a boat stays on the lake. If people take the free online aquatic invasive
species awareness course, they will get a $10 discount per boat they own. The fee for non -
motorized boats is only $10. Outreach and education is very important. There are new fee
Whatcom County Council, 2/25/2014, Page 4
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categories for events. The program's inspection staff will go to certain events to do mass
inspections, so people don't have to come all the way to the inspection station during
business hours.
Brenner asked if the State does not provide an aquatic invasive species course of any
kind. Stoyka stated it does not, that he's aware of. There is a bill going through the
legislature that will enhance aquatic invasive species efforts.
Brenner stated a person would have to take the class once per year, but someone
wouldn't have a fee for their rowboat if they take the course. She doesn't agree about
closing off the lake to recreation. This is only part of what they're going to do in Lake
Whatcom regarding clams. They will address that separately. Stoyka stated this is just to
prevent more invasive species from coming into the lake.
Mann asked if there are plans for an inspection station at Lake Samish this year.
Stoyka stated there are. The County contracts with the City to operate the program. The
City was willing last year to come to people's homes if the people couldn't get their boats in
for inspection. The City has been very accommodating about making an appointment and
coming to someone's home. The plan is to have the station at Bloedel- Donovan operate
continuously throughout the boating season. The hours for the South Bay of Lake Whatcom
and the Lake Samish boat launches haven't been established yet. The plan is to have a
much larger presence than last year.
Crawford asked if someone has to take the course annually. Stoyka stated that's the
way the program is set up. It's an annual course. They can incorporate new information
into the course each year.
Crawford asked if there is a definition of or length requirement on rowboats. Stoyka
stated there is not. There is a list of exemptions on the ordinance. If the boat requires
licensing under the State licensing program, it fits into the bigger category. The length has
to be less that approximately 16 feet.
Crawford stated someone could theoretically take the removable outboard off a small
boat, get a non - motorized license, and then put the motor back on.
Mann stated the sticker then wouldn't match the boat. Stoyka stated they're using
two different sticker colors.
Crawford asked if the course is to allow someone to self- inspect. Stoyka stated the
course is to teach someone how to self- inspect their boats and provides a fee discount, but
an inspection the first time is still required.
Crawford stated the person who testified with five rowboats could take the test, get
the fees waived, and could set up an appointment for inspections at home. Stoyka stated
that's correct. The ordinance says that if the boat doesn't leave the lake, there's no reason
to be reinspected.
Brenner stated post signs about when an inspection would take place at a more
remote location, instead of making appointments. That would be more efficient. Stoyka
stated they're talking about better signage, particularly at Lake Samish. Councilmember
Mann made suggestions for changing the language, which are in the substitute version of
the resolution. The City of Bellingham adopted a similar ordinance. The City and County are
trying to coordinate the language in their ordinances.
Whatcom County Council, 2/25/2014, Page 5
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Browne stated annual recertification isn't a bad idea, although it may be
inconvenient. He's taken the State course for a boater's license, and there is no mention of
aquatic invasive species. The Council may need to bring it to the State's attention. The
program can't tell if a person takes a boat out of the water and takes it elsewhere. The
County has no control either way. If the County is concerned about invasive species that
may be in one Whatcom County lake and not another, then don't force people to take their
boats out of one water body and into another water body, which could potentially
contaminate the original lake. Stoyka stated this inspection program will be expanded to all
Whatcom county lakes next year for that reason. They will do a risk assessment of all the
lakes to determine the best approach possible.
Browne stated set up an inspection schedule for all the lakes and make sure it's
well- advertised. He moved to approve the substitute version of the ordinance.
Buchanan asked the difference between the City of Bellingham's ordinance and the
County's ordinance. Stoyka stated the language isn't identical, but there is no substantive
difference.
Browne asked if a citizen will be confused by two different ordinances. Stoyka stated
they tried to make them as similar as possible, so they shouldn't any different. There are
two ordinances because there are two jurisdictions.
Brenner stated the City was asking the County for more money for staffing. Stoyka
stated the budget must assume that the full amount of hours would be worked, and the
positions must show there are funds available.
Brenner stated they should budget based on the program staffing the first year,
which was enough. If they need more, they should come back to the County and ask for it.
Stoyka stated the City presented a budget of what they think they will actually spend. They
are expanding the program to include non - motorized boats and to have a bigger presence
on Lake Samish and South Lake Whatcom. The program is expanded. The financial part of
the program comes to the Council in two weeks. There will be an interlocal agreement with
the City that sets the contract amount. There will also be an ordinance for the new fee
categories. If any additional budget is needed, there will be a budget amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
OPEN SESSION
(7:57:33 PM)
The following people spoke:
• Harry Skinner submitted a handout (on file) and spoke about park acquisition
procedures at Birch Bay.
• Greg Brown spoke about the resolution initiating Comprehensive Plan and zoning
text amendments (AB2014 -098), the level of service for parks, and the resolution
amending the 2014 flood district budget (AB2014 -089).
• Yoshi Ravelle spoke about climate change.
Whatcom County Council, 2/25/2014, Page 6
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• Annette Holcomb, League of Women Voters, spoke about a resolution regarding a
water action plan (AB2014 -067).
• Kate Blystone, RESources, spoke about a resolution regarding a water action plan
(AB2014 -067).
• Brooks Anderson spoke about spoke about a resolution regarding a water action
plan (AB2014 -067) and a League of Women Voters forum on March 15.
• Wendy Harris spoke about wildlife management policies.
• Humphrey Blackburn, Blue Future President, spoke a resolution regarding a water
action plan (AB2014 -067).
• James Leader spoke about oil trains going to the refineries.
• Kris Halterman spoke about the ordinance amending the Whatcom County Zoning
Code on an interim basis to allow agricultural packinghouses in the Agriculture
Zoning District as conditional uses (AB2014 -060) and the water action plan
(AB2014 -067) and funding the Planning Unit.
• Lorraine Newman spoke about the ordinance amending the Whatcom County
Zoning Code on an interim basis to allow agricultural packinghouses in the
Agriculture Zoning District as conditional uses (AB2014 -060).
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one and two.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 14 -08 TO
LOW BIDDER, GRANITE CONSTRUCTION, FOR CRUSHED AGGREGATE TO BE
STOCKPILED BY MAINTENANCE AND OPERATIONS FOR CHIP SEALING, IN
THE AMOUNT OF $1,054,956.24 (AMOUNT TO BE SPREAD OVER A THREE -
YEAR PERIOD) (AB2014 -094)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM HUMANE
SOCIETY (AS THE NEW LESSEE) FOR THE NW WILDLIFE RESCUE AND
REHABILITATION FACILITY LOCATED AT 3671 MT. BAKER HIGHWAY UNDER
THE SAME TERMS AND CONDITIONS AS THE CURRENT LEASE (AB2014 -095)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $260,519 (AB2014 -088) (8:30:22 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
Whatcom County Council, 2/25/2014, Page 7
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2. RESOLUTION AMENDING THE 2014 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT OF $498,700
(AB2014 -089) (8:30:56 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution. He has concerns about the Deming Levee. The
additional project cost is due to a project delay from November 2012 to October 2013. This
levee is adjacent to the Nooksack Casino, the Tribal headquarters, and the Nooksack septic
drain field system. The primary beneficiary of this is the Nooksack Tribe. He read from the
staff report. He asked if the Tribe has been consulted on the fact that the delay is causing
this cost increase, and if there is any room to negotiate an increased cost with the
contractor.
Jack Louws, County Executive, stated he will talk to Public Works Department staff.
Brenner stated she questions the property acquisition in Marietta. The Council
discussed their concerns about the fourth property. The question isn't answered in the staff
report. She thought there would be more staff people at Council meetings. Louws stated
the purpose of meetings during the day is to make staff available to answer these
questions. It's difficult in the evening to have everyone here to answer all things. They
discussed this in Finance Committee today. Ms. Cooper was at the Finance Meeting and
available for questions.
Brenner stated she would like to know what Ms. Cooper said. They talked about
having staff at meetings so the public gets to hear this information, too.
Crawford stated Councilmember Brenner's question didn't come up in committee.
They discussed the sediment management item and whether there would be value in the
gravel market or elsewhere for the sediment that was removed.
Brenner stated she specifically asked the question about the gas station, and it's not
answered in here. She wants to know why the County would pay for property with that kind
of liability and what is the County's liability. The information in the staff report doesn't
address it.
Browne stated that property is not part of this acquisition. There are five properties.
A flood easement is not acquisition of property.
Brenner asked if the County has any liability with a flood easement.
Browne stated the County doesn't have title to the property, so they don't assume
the liability.
Louws stated the Council gave the administration the authority to pursue this. If
they can determine that the easement did not put the County under any liability, the
administration would bring it forward. This item gives the administration the funding ability
to do it. The actual acquisition would be in the future and would be based on legal review
and a reasonable cost negotiation. They will take everything into consideration that was
Whatcom County Council, 2/25/2014, Page 8
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discussed in executive session and do the best they can. If they can bring forward a
justified proposal, the Council will vote on it to agree with the administration's assessment.
Crawford referenced the Deming Levee project and asked if the Council can remove
this project and hold it.
Dana Brown - Davis, Clerk of the Council, stated the Council can amend this resolution
to remove the project, but the administration would have to bring that project to the
Council through a new ordinance.
Crawford moved to amend to remove the additional funding for the Deming Levee
until they find out if there can be further collaboration on costs with the contractor, the
Tribe, or both.
Brenner stated she's apprehensive about the amendment because this is the flood
season. This area is critical. It doesn't seem to be a lot of money for the work that needs
to be done. She doesn't want to hold up this item.
Mann stated this is a multi -year project. He doesn't want to pay an extra $42,000
because a different jurisdiction didn't have their paperwork in order for a year. He will
support the amendment.
Buchanan stated he would also support the amendment. He asked when the Council
would receive clarification of this item. Louws stated they can discuss it at the Finance
Committee meeting on March 11. He will bring the question to Ms. Cooper.
Brenner asked if the Flood Control Zone District Advisory Committee made a
recommendation on this item. Louws stated it's an ongoing project. The advisory
committee did not make a recommendation. It's an existing contract for a project that's
been in the works for a long time.
Brenner stated she won't support the amendment until she finds out whether this
project is urgent.
The motion to amend carried by the following vote:
Ayes: Mann, Crawford, Browne and Buchanan (4)
Nays: Brenner (1)
Absent: Weimer and Kremen (2)
Brenner referenced the Syre farm erosion into the river and stated the minutes from
the advisory committee on this item indicated a sense of urgency.
Mann stated that item is not on the agenda.
Crawford stated this item was introduced before the Council discussed this at the
surface water work session a week ago.
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
Whatcom County Council, 2/25/2014, Page 9
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3. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.03, FOOD SERVICE
RULES AND REGULATIONS (AB2014 -090) (8 :48 :18 PM)
(Council acting as the Whatcom County Health Board.)
Crawford moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
4. RESOLUTION OF THE COUNTY COUNCIL ACTING AS THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS APPROVING THE
SWIFT CREEK SEDIMENT MANAGEMENT PROJECT JOINT AGENCY
AGREEMENT (AB2014 -096) (8 :49 :11 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Brenner moved to approve the resolution.
Mann stated this is a big step forward. He credits the administration and legal
counsel for working through this difficult issue with several difficult agencies.
Brenner stated those agencies are the Environmental Protection Agency (EPA) and
Department of Natural Resources.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
S. RESOLUTION OF THE COUNTY COUNCIL APPROVING THE SWIFT CREEK
SEDIMENT MANAGEMENT PROJECT JOINT AGENCY AGREEMENT (AB2014-
096A) (8 :50 :26 PM)
Brenner moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
6. RESOLUTION INITIATING WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING AMENDMENTS AND REVIEW OF THE LONG RANGE PLANNING WORK
PROGRAM (AB2014 -098) (8 :51 :18 PM)
Mann reported for the Planning and Development Committee and reported that the
committee recommends that docket items 12 through 15 be removed.
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Browne moved to approve the resolution with the substitute for page 1 of Exhibit A
and with the removal of docket items 12 through 15 as recommended by the Planning and
Development Committee.
Brenner moved to amend the motion to not remove the Birch Bay Promenade item
from the list of docketed item.
Browne stated there was discussion that other things should happen in the
Comprehensive Planning process before these items are considered.
Brenner stated the proponent of that project gave a presentation to the Public Works
Committee. The proponent didn't talk to the Birch Bay Watershed and Aquatic Resources
Management Advisory Committee, but did discuss it with Roland Middleton, who said
everything was okay. This person did a lot of work. She got the impression that he was
encouraged to submit the proposal, which wasn't cheap. The Council should at least look at
it.
Mann stated his concern is that this project is huge and would be very expensive for
the County to research it as a docketed item and to implement it. He has no indication of
whether any other property owners in that area support the project or would help pay for it.
He can't justify spending County resources on it now without knowing if there is grass roots
support and whether the County could or should spend money on it. It should go through a
process within the Birch Bay community, and have it rise to the top of the community's list
of projects. The County has the berm project in Birch Bay now. There are many requests
for acquisition of park land. This would be another enormous expense. It should come
from a community organization, not just one individual, regardless of how nice a project it
is.
Brenner stated the proponent said he had written support from the majority of the
property owners.
The motion to amend the motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne and Buchanan (4)
Absent: Weimer and Kremen (2)
Crawford asked about how quickly docket item PLN2014 -0017 regarding marijuana
regulations would be processed. He doesn't want the moratorium to continue any longer
than necessary. Many people have invested money already.
Mark Personius, Planning and Development Services Department, stated interim
regulations are coming on March 11.
Brenner stated an interim ordinance is coming forward, and the Council will be able
to fine -tune it even more. Personius stated that's correct.
The motion carried by the following vote:
Ayes: Mann, Crawford, Browne and Buchanan (4)
Nays: Brenner (1)
Absent: Weimer and Kremen (2)
Whatcom County Council, 2/25/2014, Page 11
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COMMITTEE REPORTS
1. REPORT FROM THE FEBRUARY 11, 2014, NATURAL RESOURCES COMMITTEE
MEETING RELATING TO THE COMMITTEE'S DISCUSSION OF TWO JOINT
RESOLUTIONS TO BE BROUGHT FORWARD AT THE MARCH 26, 2014, LAKE
WHATCOM JOINT COUNCILS AND COMMISSION MEETING (AB2014 -068)
(8:59:15 PM)
Buchanan reported for the Natural Resources Committee and stated two resolutions
will come forward at the joint meeting next month. He's looking for an informal consensus
that these resolutions should go forward to the joint meeting. They aren't approving the
actual resolutions, just moving them forward to the joint meeting.
Crawford stated he supports the resolution regarding Sudden Valley. He has no
serious concerns about the other resolution other than whether the time table is realistic. It
is a tremendous amount of work. He asked that staff keep the Council informed of the
progress being made and engaged in the process. The monthly subcommittee will be
monitoring this also. This is a big issue. A lot of money could be involved. This is just the
planning phase. Ecology gives the County ten or 20 years to carry it out. The public will be
very engaged in terms of the controversy over what it will cost to implement the plan.
Overall, he agrees with the second resolution, which brings them a step further to
complying with requirements from the Department of Ecology.
The Council concurred to move the resolutions forward to the joint meeting.
INTRODUCTION ITEMS
(9:05:26 PM)
1. RESOLUTION RELATING TO MULTI - JURISDICTIONAL POPULATION AND
EMPLOYMENT GROWTH ALLOCATIONS (AB2014 -056B)
Mann submitted a substitute version (on file) and described the changes.
Brenner suggested they amend the substitute resolution, "dT,eetea requested staff."
The Council can't direct administrative staff. It's not a proper word to use.
Browne suggested the acronym "TDR" for transfer of development rights should be
spelled out.
Mann accepted the suggested changes to the substitute resolution.
Crawford stated the Council resolved to use the medium range allocation from the
Office of Financial Management (OFM). He asked if this Exhibit A reflects that medium
range OFM projection.
Mann stated the resolution is to avoid politicization of the projections. These
numbers are a little higher than the OFM medium projection. They're very close. All
jurisdictions except two made it clear they don't need an urban growth area (UGA)
expansion. Bellingham may want a UGA expansion because the city has a very large
allocation. If Bellingham wants to expand its UGA, it should participate in the TDR program.
Whatcom County Council, 2/25/2014, Page 12
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Mark Personius, Planning and Development Services Department, stated last year
the Council approved the OFM medium, which was 68,111 countywide net growth. The
Planning Commission recommendation is 74,781. Most of that difference goes to
Bellingham.
Crawford asked if OFM does an employment growth allocation. Personius stated it
does not.
Crawford asked if the County must accept a very low allocation as a condition of
Bellingham accepting a high allocation. The non -UGA area never seems to meet a low
allocation. He thought it was a demand of a downzone. They would literally remove zoning
to comply with a Comprehensive Plan policy, based on a population projection. If they
didn't downzone, then someone would take the County to the Hearings Board and say the
County isn't complying with the Comprehensive Plan. That's his concern. Personius stated
that's an unknown possibility if someone wants to do that. The resolution and allocation are
structured to maintain consistency with the downward trend in rural growth they've
experienced for the past two decades. The rural growth has reduced from 29 percent to 20
percent. This projection is 15 percent, which is the same allocation as the current
Comprehensive Plan.
Mann asked if the Planning Commission voted to increase Bellingham's allocation and
lower the rural allocation. Personius stated they had all the allocation requests from the
cities. When they all added up, the rural amount that was left was 4,000 or less, which was
half of the current allocation. Planning Commission chose to keep the current percentage
allocation, which made the overall number countywide rise from 68,000 to 74,000.
Buchanan moved to accept the introduction items, including:
• the substitute ordinance for Introduction Item three and
• the substitute resolution for Introduction Item one as changed by suggestions
from Councilmembers Brenner and Browne.
Crawford stated he would be interested in more discussion about the cities' requests
for UGA expansions and TDR from rural lands when the annexation occurs. They have not
been able to achieve that at all in Whatcom County. It has had extremely mixed results
across the country, with very few success stories. There are many stories of how required
transfers didn't work and land prices were driven up, so they ended up changing the
regulations because the requirement didn't work. He is concerned about saying that it's the
County's intent to implement this.
Mann stated he agrees with Councilmember Crawford. He shares the concerns. His
original amendments to the resolution were more direct. He was talked out of it because
they hadn't run this past the Cities. They don't know exactly what the TDR program will
look like. There are mixed results. The current TDR program doesn't work. If they are
serious about TDRs, which he is, he wants to make it clear that the County will approve
their requests for larger allocations, but the County wants them to engage in a PDR or TDR
process.
Crawford stated he'll consider alternative wording over the next couple of weeks.
Brenner suggested amending the introduction item, '...agreement to transfer or
retire purchase development rights." That looks like the County is going to agree to
downzone.
Whatcom County Council, 2/25/2014, Page 13
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Mann accepted Councilmember Brenner's suggestion for changing the language.
Browne suggested changing the language in the last Whereas statement, °(...+R from
rural or resource lands...)."
Mann accepted Councilmember Browne's suggested for changing the language.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne and Buchanan (5)
Nays: None (0)
Absent: Weimer and Kremen (2)
2. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $95,000 (AB2014 -099)
3. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE (AB2013-
271)
OTHER BUSINESS
(9:22:26 PM)
Crawford asked about Councilmember Weimer's proposal for a water action plan.
He's starting to sense that what is being proposed will be a very costly program. People are
testifying to Council about funding the plan. He asked if the administration can analyze the
cost and make some fiscal notes.
Gary Stoyka, Public Works Department, stated that right now he's consolidating
councilmember comments on the resolution. He's trying to get everyone's input on the
resolution that will come to the Council Natural Resources in two weeks. The first thing that
has to happen is knowing what the resolution will look like after he changes it to address all
the comments. There was discussion of looking at different funding options. Once the
County decides what it wants to do, Councilmember Weimer suggests they look at level of
service and funding options. Each level of service specifies how quickly they will address
the different issues and has an associated funding level. Then they'd have to identify a
funding source. Councilmember Weimer indicated he wanted to relook at that level of
service analysis done in 2008 for the coordinated water resource inventory program
( CWRIP), update the level of service analysis, and see how it fits with the water action plan
resolution.
Crawford stated he would like to hear from staff in a couple of weeks about what
adopting this plan does that the County isn't currently doing. The CWRIP already prioritizes.
He also wants to know the associated costs. He wonders if it's not an effort by a lot of folks
who are generally on one side of the discussion. Not much has been said about it in the
press and it's not on the Council's agenda, but they're getting a lot of email about it. He
senses that there are folks from one water use perspective who are bringing this forward.
The water resources program has been robust and aggressive. The CWRIP was a big step
forward. They have an objective set of measurements. The Syre property is an example of
how the CWRIP puts a project in priority order. It is a successful way to look at proposals.
He wants to know what Councilmember Weimer's proposal does and what is the next step.
Whatcom County Council, 2/25/2014, Page 14
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Jack Louws, County Executive, stated cost will be determined by speed of
implementation. The original resolution had tight timelines for major accomplishments. To
do that, the County will have to increase costs and find funding soon. He proposes that it
be introduced on March 11, and then staff will work on a cost analysis. The Council can
vote on it on March 25. He won't be able to do a cost analysis by March 11.
Browne stated he supports Councilmember Weimer's proposal, partly because the
process is to define the different components of the water issue and consolidate them into
one document. He suggests including a component regarding fire flow access for the
agricultural community. It's a non - consumptive issue, but there must be access. Also, he
hasn't seen how aggressive County ordinances have been on water conservation. This
document brings all those components together into a whole as they go forward with a
water plan.
Brenner stated some of the programs may not be working, and should be eliminated
and replaced something that does work. Also figure out the structure. It's not a question of
doing more. The County must be efficient. This will requires some code scrubbing to end
up with a tighter package of projects that are important to get done.
Mann stated he is concerned about how the water plan impacts the Planning Unit's
role, for better or worse.
Brenner stated she talked to Councilmember Weimer about it, and he said the
proposal doesn't intend to substitute for the Planning Unit's work.
Also, comprehensive Plan amendment PLN2013 -00008 regarding mineral resource
lands policies indicate that she and Councilmember Weimer are the sponsors. Her issues
weren't about that. They were about making sure the County has more information up
front before starting the process for the gravel companies and others. She couldn't support
the south fork MRL because she didn't have enough information. She's not sure turning it
into a conditional use permit, which is more expensive, is more appropriate than just
changing language that allows the Council to have more information up front.
Regarding the Planning Unit, the Department of Ecology should not have a deciding
vote. They are supposed to only provide technical assistance. This is a local water resource
inventory area (WRIA). What's happening to Planning Unit members, who are trying to
work on issues, is disrespectful. They're doing their best. The system is difficult, but it
provides a broad perspective in the end. The facilitator offered to work pro bono at the next
meeting. Make sure the funding is available.
Browne stated he has proposed amendments to Introduction Item 3 and asked if he
can introduce his amendments before the Council votes on it. The amendments have to do
with whether documents are submitted with metric or English standard measurements.
Brenner stated this is a big issue already.
Browne stated he can understand there may be confusion if some documents were
submitted in English standard and others in metric measurements. Documents should be
submitted in one standard or the other. He doesn't understand why they would ask
someone to submit them in both English and metric systems.
Crawford stated builders in Point Roberts are familiar with the metric measurement
system. Architects in Vancouver draw up plans with the metric measurement. The Planning
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Department requires feet and inches on a plan, not metric measurements. They do not
work in metric. There are a lot of ramifications. The language says that if an applicant
submits plans in the metric measurements, the building official has authority to ask the
plans be resubmitted in inches and feet or both. The Planning Department will not accept
metric -only plans.
Browne stated he doesn't have an issue with that. However, the language says that
any plans could be required to be submitted in both measurements. He wants to eliminate
unnecessary demand.
Crawford stated no planning inspector would ask an applicant to submit metric -only
plans, but the language could be interpreted that way.
Brenner stated the language was to allow staff to accept metric plans if they want.
Crawford stated any change is substantial and would require another hearing. He
suggests against changing it tonight. This has been delayed for years. If they delay for two
more weeks because it's important to clarify language, they can vote on it at that time.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(9:46:49 PM)
Buchanan reported that he attended the Ecosystem Coordination Board meeting of
the Puget Sound Partnership in Olympia last week. It was very interesting.
ADJOURN
The meeting adjourned at 9:47 p.m.
The Council approved these minutes on March 25, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Council Vice -Chair
Whatcom County Council, 2/25/2014, Page 16