HomeMy WebLinkAboutCouncil February 26 20131
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WHATCOM COUNTY COUNCIL
Regular County Council
February 26, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7 :00 :30 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Kershner announced there was discussion with Mark Mauren, Department of
Natural Resources, regarding the possibility of drafting a recreational plan for
Whatcom County (AB2012 -066H) during the Special Committee of the Whole meeting.
Kershner announced there was discussion regarding potential property
acquisition for the Flood Control Zone District (AB2013 -018), Council acting as the
Whatcom County Flood Control Zone District Board of Supervisors, in executive session
during the Committee of the Whole meeting.
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Kremen moved to authorize the County Executive, acting on behalf of the Flood
Control Zone District Board of Supervisors, to move forward with and complete acquisition
of two properties, as long as the purchase prices of the parcels do not exceed the amount
discussed in executive session.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through seven.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 2/26/2013, Page 1
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1. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 15, 2013 (9:30 A.M.)
2. REGULAR COUNTY COUNCIL FOR JANUARY 15, 2013
3. SURFACE WATER WORK SESSION FOR JANUARY 22, 2013
4. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 29, 20913
5. COMMITTEE OF THE WHOLE FOR JANUARY 29, 2013
6. REGULAR COUNTY COUNCIL FOR JANUARY 29, 2013
7. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 12, 2013 (3 P.M.)
PUBLIC HEARINGS
1. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR
CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO. 20 (AB2013 -073)
(7:04:23 PM)
Kershner opened the public hearing and the following people spoke:
Galen Koetje stated he would like to know exactly what is happening, and if the
district is assessing in different ways or if there is a tax increase. He would like to know
what is getting done. He used to be on the board, and they had a hard time getting
anything done. He asked if this is to get more people to pay into the district. Years ago,
the Department of Ecology gave $450,000 for enhancement, but nothing was done. Huxley
monitored the creek for another $250,000. Nothing got done other than monitoring. He
doesn't mind paying taxes if something gets done to enhance the fish stream.
Paula Cooper, Public Works Department, gave a staff report. The Revised Code of
Washington (RCW) requires periodic review of assessment methodology for all the districts.
They have created a benefit zone map for this district based on soils and topography. This
reassessment will stop charging the minimum fee because it distorted the assessment
method. The Treasurer has had an issue that some people don't pay any other taxes, and
will get a bill for 46 cents, for example. The ordinance includes a proviso that if the
landowner isn't paying any other taxes and the assessment is less than the cost of the
mailing, which is $1, then the assessment will be cancelled. Other mistakes were made on
the manual system. The commissioners vetted the map, and feel it's representative.
The district has done some work in the channel, such as maintaining drainage at the
mouth of the channel and beaver control. Fisheries mitigation will be required for any
dredging project. A lot of districts have done plantings to address that issue. It breaks the
reed canary grass cycle so they don't have to keep spraying forever.
Kershner asked if this is the same proposal that came forward last year but was
delayed to allow the commissioners to look at it. Cooper stated it is.
Brenner asked if it charges an assessment to properties in the city limits. Cooper
stated it does. Also, they institute a one -acre minimum, so small lots will pay as if they are
one acre in size. It accounts for a higher density that contributes more.
Brenner asked if staff worked with the commissioners. Cooper stated they have.
The commissioners didn't feel it was necessary to have a meeting.
Whatcom County Council, 2/26/2013, Page 2
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Crawford asked what they normally assess per year. Cooper stated they normally
assess around $5,000.
Crawford stated a question was whether this is a new fee. It seems it is not, but it
makes the fee fairer for everyone in the district.
Dwayne Molendyk stated he was a commissioner from last year. At that time, the
commissioners had a few phone calls, but forgot what the new assessment was about.
After the meeting, everything was explained, so they didn't call a special meeting. It's a
different way to bill for the same amount. This is the way everyone else does it, so that's
the way they will do it. It's frustrating they can only spend money on beavers and fish.
The requirements to do anything are extortion. It's not a good thing to do. Once in a while
a tree will come down and they'll clean it up, but that's about all they can do. Sand is two
miles up the creek, but the district isn't allowed to get it out. They collect just enough
money to take care of those few things and all the fees they are required to pay. His land is
at the bottom of the creek and would benefit the most, but he has to live with it.
Kershner asked who is putting requirements on the district's projects. Molendyk
stated the State Department of Fish and Wildlife. Someone planted a bunch of trees along
the river and cleaned off the bank. During the first high water, the work sloughed off in two
spots and blocked the creek, but they didn't do anything about it. The district had to take
care of it. No one along the creek wants to plant trees anymore. The one guy who did
plant trees says he wishes he never planted trees.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to adopt the ordinance.
Brenner stated she will support the ordinance. She asked that the County Council
get a presentation in committee on the relationship between Fisheries and the property
owners, what the property owners are allowed to do, and if the County Council can advocate
on behalf of the property owners.
Kremen asked if this assessment is paid with the property tax statement.
Steve Oliver, County Treasurer, stated this assessment is one of the 46,000 special
assessments they bill on the property tax statements.
Kremen asked how it is that some property owners in that district are able to get
away with not having to pay the 46 cents. Oliver stated there are a number of reasons.
Certain properties aren't subject to property tax, such as government owned properties and
church properties. Senior citizens may qualify for the property tax exemption. A number of
properties have very low assessed values. There used to be many more properties that had
very low assessed values. The State law changed so all properties less than $500 are no
longer assessed a property tax at all.
Kremen stated some property owners and taxpayers are aware that there are no
financial consequences if they pay slightly less than all the taxes they owe. That's wrong.
Institute a policy that if someone's tax payment is a little less for two years in a row, they
will be assessed a fine that is a disincentive to cheating the system. Oliver stated he
reviews the list regularly throughout the year. If someone writes a check that is one dollar
short, for example, it will cost more than one dollar in labor and postage to return their
payment.
Whatcom County Council, 2/26/2013, Page 3
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Brenner asked if it's legally possible to charge the cost of the stamp if they're below
that threshold. Oliver stated he doesn't believe they would be allowed to do that under
State statute.
Kershner asked if the district can dissolve itself if necessary because it isn't effective.
Oliver stated he assumes that's an option. There are times when the district needs to do
work at a time of year when they don't have money, so he will advance them money
against their property tax collections.
Knutzen stated they hear repeatedly about this frustration of not being able to do
necessary maintenance on these ditches. He asked if some sort of an emergency ditch
maintenance permit is possible. There has to be an easier way to handle some of this stuff.
Cooper stated there is State law that requires an hydraulic project approval (HPA). She
doesn't know how to get around that with County codes.
Brenner stated the County is trying to solve the same problem with the Army Corps
of Engineers. They're both U.S. departments. Cooper stated the levee vegetation is a
slightly different situation. The Corps is telling the County it must get the trees off the
levees to maintain eligibility in the program. They don't typically get a Corps permit for
ditch maintenance. The district needs to get a State permit if it works within shorelines.
She can work with the districts to get a mitigation plan if necessary. She provides technical
assistance to all the districts.
Mann asked about testimony that $700,000 was spent, but nothing was
accomplished. He asked staff to talk to the district commissioners and give the Council a
report later. Cooper stated she could do that.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
know.
The following people spoke:
• Sheri Lambert submitted a handout (on file) and spoke on the issue of a
motocross track on West Hemmi Road.
• Yoshi Revelle spoke on talking openly about mental health and physical and
sexual assault issues.
• Tom Fenton spoke about using Birch Bay Watershed and Aquatic Resources
Management (BBWARM) district funding and hiring a non -local company to
design the berm project at Birch Bay.
Brenner asked if the BBWARM chose the lowest bidder. Fenton stated he did not
• Emily Weaver spoke about the public process and funding for the Catholic
Community Services housing project in downtown Bellingham.
• Shane Roth spoke on the issue of the Lake Whatcom reconveyance.
• Ken Weaver spoke on using Economic Development Investment (EDI) funds
on the Catholic Community Services housing project in downtown Bellingham.
• Scott Hackett, Pomona Grange, spoke on the issue of the water resource
inventory area (WRIA) and Whatcom Integration Team (WIT).
• Greg Brown spoke on the issue of the Lake Whatcom reconveyance.
• Donna Clark spoke on the issue of the Lake Whatcom reconveyance.
Whatcom County Council, 2/26/2013, Page 4
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• Max Perry submitted and read from a handout (on file) on the Lake Whatcom
reconveyance.
• Greg Lee spoke on the issue of the Catholic Community Services housing
project in downtown Bellingham.
• Larry Helm spoke about impacts to logging and farming from the issue of
slaughterhouses in Whatcom County, the Lake Whatcom reconveyance, and
the purpose of drainage ditches.
• Wes Kentch, Cattlemen's Association, submitted a handout (on file) and spoke
about the Lake Whatcom reconveyance, forming a Forestry Advisory
Committee, and the proposal to allow slaughterhouses in agricultural land in
Whatcom County.
• Carol Perry spoke about the Lake Whatcom reconveyance.
• Kris Halterman spoke about the Lake Whatcom reconveyance.
• Gary Knaus spoke about the proposal to allow slaughterhouses in agricultural
land in Whatcom County.
• Julie Wilson spoke about the Catholic Community Services housing project in
downtown Bellingham.
CONSENT AGENDA
Mann 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, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR HOMELESS SERVICE CENTER
ADMINISTRATION IN THE AMOUNT OF $30,000, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $1,782,705 (AB2013 -096)
2. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
(AB2013 -097)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR EXPENSES INCURRED IN THE PROMOTION OF
THE BAKER — BIRCH BAY TOURISM PROMOTION PROJECT, IN THE AMOUNT
OF $123,500 (AB2013 -053) (8 :11:29 PM)
Mann reported for the Finance and Administrative Services Committee and stated
this item was withdrawn from the agenda and will be rescheduled on March 26, 2013.
2. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $446,257 (AB2013 -092) (8 :11 :46 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Whatcom County Council, 2/26/2013, Page 5
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
3. NOMINATION AND APPOINTMENT TO FILL VACANCY ON WHATCOM COUNTY
COMMUNITY NETWORK - APPLICANT(S): DAVID RAMIREZ (AB2013 -094)
(8:12:20 PM)
Knutzen moved to appoint David Ramirez.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
OTHER BUSINESS
Weimer stated the Natural Resources Committee had a discussion regarding a
proposed ordinance to establish a Whatcom County Forestry Advisory Committee
(AB2013 -098) and recommended a substitute ordinance forming the Forestry Advisory
Committee. It should be scheduled on the next agenda.
Brenner stated she attended the meeting last Thursday on the Catholic Community
Services housing project downtown. There was a lot of inappropriate clapping, hissing, and
commenting during the presentation and discussion. People were intimidated into not
stating their concerns. She read from a newspaper article (on file) about the meeting that
is very offensive. The County can't force the City to do anything, but it's appropriate for
Whatcom County to not contribute to the project because the location is very bad. The
Catholic Community Services could sell the property and build near a hospital facility where
people can feel safe and get assistance if necessary. It's a temptation to make people with
strong substance abuse problems live in that location near the downtown clubs. The project
should be to help people, not give others job security. She hopes business owners in the
area are not intimidated any further. Don't support that location in any way. She will write
a resolution to the City saying the location is not appropriate, but the Council would be
interested in supporting a more appropriate location.
Knutzen stated he was approached about a project from Interfaith in Ferndale that
could use that Economic Development Investment (EDI) money, but it's being held up due
to the Catholic Community Services project. He hopes the EDI Board revises a plan they
can use to fund some of the impact fees for some of these projects in the county that aren't
necessarily tied to this project.
Crawford stated the Opportunity Council has yet another project proposal. The
County Council needs to establish whether it wants to move forward with using EDI money
to pay impact fees on these rental properties, which has been controversial from the start.
They need to look at it overall, in terms of community expectations. It's a stretch of the
State legislature's intent when they allowed rural counties to receive these tax funds for
economic development. It's a stretch to say they should go for impact fees. He may want
to take this off the table to remove the community's expectation that the Council is willing
to fund these fees. The County Health Department used to discuss the overall model best
suited for these treatment houses. The traditional model was to disperse the facilities
around the county, but that policy shifted to a concentrated model. Catholic Community
Services already has a project in that area. It's reasonable to ask how much is too much.
Whatcom County Council, 2/26/2013, Page 6
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Brenner stated don't use EDI money. They also talked about using behavioral health
tax money. The Health Department will present a contract for that behavioral health tax for
this project. She hopes it's been withdrawn. It was brought forward in a rushed manner,
but they haven't heard a lot of the information they needed to hear until after that
happened. There was a list of projects on the waiting list for the behavioral health tax
money. This was bumped to the top of the list. That's not right.
Crawford stated the issue about noise from a motocross track came up tonight. He
was told that two weekends ago, there were at least 25 participants in an organized race.
He realizes there is an enforcement action against these people. He usually tries to stay out
of those actions. He received correspondence that the gentleman who owns the property is
able to use just his motorcycle on his own track. There seems to be a disconnect that
enforcement staff believes all this guy is trying to permit is for his own personal use, but
two weekends ago the guy advertised an event on his property. He asked the Planning staff
to fill the Council in on either that situation or a more generic response about these types of
situations.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kershner stated she and her family enjoyed a recent ski trip to Montana.
Weimer reported that Northwest Clean Air Agency recently gave away more than
$3.2 million, much of which will come to Whatcom County for programs to mitigate
greenhouse gasses. The money was voluntarily given by British Petroleum (BP) for their
recent expansion. Funds will go to Washington State University (WSU) to work with
farmers, Darigold to do retrofits, the City of Bellingham for electrical generators on the old
Georgia Pacific (GP) water pipe, and the Opportunity Council for its energy savings program.
ADJOURN
The meeting adjourned at 8:28 p.m.
The Council approved these minutes on March 12, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council&o.whatcom.wa.us
Whatcom County Council, 2/26/2013, Page 7