HomeMy WebLinkAboutCouncil September 11 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
September 11, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:03 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:03:47 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
Kershner asked everyone to honor the September 11, 2001 anniversary with a
moment of silence.
ANNOUNCEMENTS
Kershner announced there was discussion on amendments to Whatcom County Code
20.14, Wind Energy Systems (AB2011 -223A) during the Committee of the Whole meeting. This
item will come forward again in October.
MINUTES CONSENT
(7:07:12 PM)
Kremen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 24, 2012
2. REGULAR COUNTY COUNCIL FOR JULY 24, 2012
3. COMMITTEE OF THE WHOLE FOR AUGUST 7, 2012
4. REGULAR COUNTY COUNCIL FOR AUGUST 7, 2012
Whatcom County Council, 9/11/2012, Page 1
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Kershner moved to change the order of business to move the public hearing to the
end of the Council's regular business. She would like to finish the other action items before
starting the public hearing.
Crawford moved to amend the motion to begin the public hearing by 7:30, whether
or not the Council is finished with the other items.
Kershner accepted the motion to amend as a friendly amendment to her motion.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
OPEN SESSION
(7:10:46 PM)
Kershner stated she dedicates this open session to Johnnie Grames, a citizen who
passed away this week and who frequently spoke at open session.
The following people spoke:
• Bob Burr spoke about a fundraiser on September 18.
• Judy Collins spoke about getting water at 210 Horton Road.
• Greg Brown spoke about the request for authorization for the County
Executive to enter into a cooperative agreement between the US Commodity
Credit Corporation acting through the Natural Resources Conservation
Service, Whatcom County, and Whatcom Land Trust for the Farm and Ranch
Lands Protection Program, in the amount of $217,500 (AB2012 -293)
• Karen Steen spoke about memorializing Johnnie Grames.
CONSENT AGENDA
(7:15:14 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
Brenner withdrew item eight.
The motion to approve Consent Agenda items one through seven carried by the
following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO RENEW
INSURANCE FOR THE WHATCOM CHIEF FERRY FOR POLICY YEAR
09/30/2012 THROUGH 09/30/2013 (AB2012 -286)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT TO SUPPLEMENT THE WHATCOM COUNTY
Whatcom County Council, 9/11/2012, Page 2
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SHERIFF'S OFFICE DIVISION OF EMERGENCY MANAGEMENT'S OPERATING
BUDGET TO SUPPORT AND ENHANCE DAY -TO -DAY EMERGENCY
MANAGEMENT OPERATIONS, IN THE AMOUNT OF $47,941 (AB2012 -287)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SKAGIT COUNTY FOR
FUNDING FOR A NURSE - FAMILY PARTNERSHIP NURSE SUPERVISOR, IN THE
AMOUNT OF $27,987 (AB2012 -288)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
TWO -YEAR SUBSCRIBER AGREEMENT WITH WEST PUBLISHING TO PROVIDE
WEB -BASED AND PRINTED LEGAL RESEARCH TOOLS TO THE WHATCOM
COUNTY PROSECUTOR, IN THE AMOUNT OF $73,031 (AB2012 -289)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR SERVICES WITH NW COMMUNICATIONS &
CELLULAR, INC., RADIO MAINTENANCE COSTS, IN THE AMOUNT OF $32,500,
FOR A TOTAL AMENDED AMOUNT OF $140,000 (AB2012 -290)
6. RESOLUTION TO AMEND CRP NO. 912004 AND AWARD THE CONSTRUCTION
CONTRACT FOR FERRY APRON RESURFACING TO LOW BIDDER, WESTERN
INDUSTRIAL INC., IN THE AMOUNT OF $40,000 (AB2012 -291)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
CHANGE ORDER #2, TRIMAXX CONSTRUCTION, INC., FOR COSTS
ASSOCIATED WITH THE SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR
PROJECT, IN THE AMOUNT OF $9,075.99 (AB2012 -292)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN THE US COMMODITY CREDIT
CORPORATION ACTING THROUGH THE NATURAL RESOURCES
CONSERVATION SERVICE, WHATCOM COUNTY, AND WHATCOM LAND TRUST
FOR THE FARM AND RANCH LANDS PROTECTION PROGRAM, IN THE
AMOUNT OF $217,500 (AB2012 -293)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated she gave her comments on this issue during the committee meeting
earlier.
Knutzen asked staff to provide less controversial options, possibly to handle
conservation easement management in- house.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer and Mann (4)
Nays: Knutzen, Brenner and Kershner (3)
Whatcom County Council, 9/11/2012, Page 3
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OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM TO COMPLETE A COMPREHENSIVE INVENTORY OF AQUATIC
INVASIVE SPECIES IN LAKE WHATCOM (AB2012 -279) (7:17 :49 PM)
Weimer reported for the Natural Resources Committee and moved to approve the
request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE, ACTING ON
BEHALF OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT, TO
ENTER INTO A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL
SURVEY FOR ANNUAL OPERATION AND MAINTENANCE OF THE COUNTY'S
STREAM GAGE NETWORK IN THE AMOUNT OF $77,880 (FCZD SHARE IS
$63,240) (AB2012 -282) (7 :18 :34 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE
UNITED STATES GEOLOGICAL SURVEY, WITH FUNDING PROVIDED BY THE
CITY OF ABBOTSFORD, BC THROUGH AN ACCOMPANYING MOU (AB2012-
283) (7 :19 :18 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING BETWEEN WHATCOM COUNTY AND THE
CITY OF ABBOTSFORD TO FUND INSTALLATION AND MAINTENANCE OF A
NEW STREAM GAGE LOCATED IN THE EVERSON -SUMAS OVERFLOW
CORRIDOR IN THE AMOUNT OF $17,580 (AB2012 -284)
Whatcom County Council, 9/11/2012, Page 4
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(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BROWN AND
CALDWELL FOR INCREASING THE SCOPE OF WORK AND BUDGET TO
INCLUDE ADDITIONAL SERVICES FOR PERMITTING, DESIGN AND BID
READY DOCUMENTS FOR THE DEMING LEVEE UPSTREAM IMPROVEMENT
PROJECT IN THE AMOUNT OF $392,890, FOR A TOTAL AMENDED AMOUNT OF
$468,490 (AB2012 -285) (7 :20 :33 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SHIRLEY FORSLOF TO THE NORTHWEST SENIOR SERVICES BOARD (AB2012-
296)
Crawford moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
PUBLIC HEARINGS
1. RESOLUTION REQUESTING THE RECONVEYANCE OF APPROXIMATELY 8,844
ACRES OF STATE FOREST LAND MANAGED BY THE DEPARTMENT OF
NATURAL RESOURCES TO WHATCOM COUNTY FOR PUBLIC PARK PURPOSES
(AB2012 -066C) (7 :22 :05 PM)
Crawford stated he has communicated with folks on both sides of the issue about his
proposal to remove from the reconveyance a certain amount of acreage from how it was
originally configured. He described the transfer process and the anticipated shortfall of
revenue in the State school fund of over $500,000 per year. He described his proposal to
request land in the amount of about 7,000 acres, most of which is in the most
environmentally sensitive areas. He will move to postpone the vote tonight so that people
will have a chance to think about his proposal.
Whatcom County Council, 9/11/2012, Page 5
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Mike McFarlane, Parks and Recreation Department Director, gave a staff report and
described the history of the reconveyance. Regarding Councilmember Crawford's proposal,
there can be a different configuration.
Knutzen referenced the numbers from the State Department of Natural Resources
(DNR) and appraisals that have been done. He asked about the lost revenue to the county,
in the amount of about $250,000. McFarlane stated Table 11 talks about the DNR estimate
of impacts. They are trying to project over a 200 year period of time. He described the
process for harvesting timber and how the trust fund revenue is distributed.
Mann asked about procedural changes that would need to occur if Councilmember
Crawford's proposal were accepted. McFarlane stated the Council can change the amount of
acreage. Keep in mind that the transfer is for parks purposes.
(7:46:53 PM)
Kershner opened the public hearing and the following people spoke:
Delaine Clizbe (opposed) stated she is a mountain biker. The Council must do more
work before proceeding with the reconveyance. Define which competitive events will occur
in this park and whether dogs will be allowed in the park. Also define trail access points and
notify neighbors about mitigating negative effects. Exhaust all efforts to work with the
DNR, and have this area be a DNR recreation area.
Melodie Kirk (opposed) submitted and read from her comments (on file) and stated
she is concerned about dealings that occurred with the DNR vote and with the Whatcom
Land Trust. Most people in the county don't know about the reconveyance. This should go
to the Planning Commission.
Krista Kirk (opposed) submitted and read from her comments (on file) and stated
this needs to go the Planning Commission.
Lisa McShane (in favor) stated the reconveyance will create more safety for
neighborhoods below unstable slopes and prevent more logging roads from being built.
Because of unstable slopes, there hasn't been much logging, so revenues have not come
from those lands. The land can be used for recreation, which provides many benefits.
Ellen Baker (opposed) stated they don't need an additional 8,000 acres for a park.
The Council hasn't had a public hearing on the park, and the public hasn't seen a park plan.
If they go forward, send it to the Planning Department.
Heather Gorum (opposed) stated forest practices are more stringent than anywhere
else. The school district contract to not litigate against lost revenues was a bribe, and
school board members lied. Trust beneficiaries will lose revenue. The reconveyance
violates State law and the County Comprehensive Plan. The County can't maintain its
existing parks, so don't acquire more parks. Individuals can already use the property for
recreation.
Joe Nolting (in favor) stated he is new to Whatcom County. He supports the
reconveyance for watershed protection. There is a direct link between watershed protection
and the future of a community's safe, clean drinking water.
Whatcom County Council, 9/11/2012, Page 6
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Rod Burton (in favor) stated he supports the reconveyance for drinking water
protection.
Niki Thane (in favor) stated she supports the reconveyance for drinking water
protection. Logging is not a phosphorous - neutral activity.
Donna Clark (opposed) stated the lake is clean and the DNR has done a good job in
the watershed. She asked if this is about protecting water quality or obtaining a park. They
must get traffic and cars out of the watershed to protect water quality. They don't need
another large park.
John Kirk (opposed) submitted and read from his comments (on file) and stated he is
concerned about secrecy and the lack of a public process. There is not a cost analysis of
this project. Send this to the Planning Commission.
Ward Nelson (opposed) stated he is concerned about negative economic impacts and
loss of forestry jobs. Executive Louws has said this is a bad idea. He hopes the Executive
doesn't hide behind the Council, and the Executive and Council understand the business
impacts.
Riggs Nelson (opposed) stated the County can't afford this land grab and doesn't
need another park. Unless there is controlled timber management or the land is managed
by the DNR, there will be forest fires. This process needs more transparency. Send it to
the Planning Commission.
Jackie Pettit (in favor) stated the reconveyance will attract tourism and protect Lake
Whatcom water quality. Protect against a recurrence of the 1983 landslides. Agencies and
the public have been involved in this process for five years. The citizens have had every
opportunity to make their case in support of or opposed to the reconveyance.
Peggy Uppiano (opposed) stated according to information received in Ellen Baker's
records request, the Land Trust will administer conservation easements. She is concerned
about conservation easements held in perpetuity.
Max Perry (opposed) stated the DNR manages the property very well, allows people
to use the land for recreation, and plans for sustainable logging to provide jobs and fund
schools. Send the reconveyance to the Planning Commission for its review.
Gaythea Weis (in favor) stated she is the small business owner of a company,
InfoPteryx LLC. She recently relocated the business to Whatcom County due to the
presence of the University, the opportunities for recreation, and the commitment to
environmental quality. The park will provide jobs of the future.
Bob Van Weerdhuizen (opposed) stated they need jobs. He asked for estimates on
the value of the trees in 50 years. It takes a lot of work to manage so much acreage. He
asked about forest fires and liability. Don't take more funds away from the school districts.
Wendy Harris (in favor) stated she speaks on behalf of the Whatcom County Chapter
of Washington Conservation Voters. Protect the watershed and ecosystem. Protect old
growth forest and promote bio- diversity.
Whatcom County Council, 9/11/2012, Page 7
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Shane Roth (in favor) stated that if the citizens of the County didn't want the
reconveyance, they would have elected Tony Larson instead of Pete Kremen to the Council.
He supports the reconveyance for drinking water protection.
Don Hansey (opposed) asked the Council to delay final action or vote to decline the
reconveyance. He is concerned about financial and tax aspects of the transfer.
Joan Dow (opposed) submitted and read from handouts (on file) regarding
homework for a reconveyance meeting.
Chet Dow (opposed) stated don't approve this tonight. The proposal needs more
public scrutiny. The property has been designated as forestry resource land in the County
Code and is zoned as commercial forestry land, which they must protect. A rezone to parks
or any other use should come through as an ordinance, and needs Planning Commission
review and public input.
Gary Lysne (opposed) submitted and read from handouts (on file) and stated the
County can't manage 8,000 acres for the estimated $300,000. He wants to know why the
property was originally conveyed to the State, why the County wants it as a park when it
already provides recreation and funding to schools, why the County wants liability expenses,
what the actual financial cost is, and how the Planning Commission has not reviewed this.
Vote no or send it to the Planning Commission.
Kris Ungern (opposed) submitted and read from his comments (on file) and stated
the Planning Commission should review the proposal. Reject the proposal or table tonight
and send it to the Planning Commission.
Carle Olson (opposed) asked why the Planning Commission has not been involved in
this process.
Dusty Gulleson (opposed) stated this needs more time and a very transparent
process. Take fiduciary issues into account. Have a profit and loss statement and an
environmental impact statement. He suggests putting this to a vote of all the people in
Whatcom County.
Jessica Bowman (opposed) stated she represents the Freedom Foundation in
Olympia. Her main concern is the financial burden to the citizens without an associated
benefit. She is concerned about the anonymous donation to the Mt. Baker School District
and the Land Trust easement. The consultants are biased and not independent third
parties. The consultants will benefit financially from the decision.
Karl Uppiano (oppose) stated the reconveyance is incompatible with existing land use
ordinances. Lobbyists have tried to usher this through without due process. Proponents
exploited water quality concerns and exaggerated claims of recreational opportunities.
Science hasn't shown evidence of logging damage to water quality. He prefers that the
reconveyance fail, but it should have Planning Commission review.
Kris Halterman (opposed) submitted and read from comments (on file) and stated it
will not protect water quality and will cause the loss of forestry jobs. Whatcom County
taxpayers can't pay for the maintenance of the land. She's opposed to the Land Trust
easement in perpetuity. The reconveyance should have Planning Commission review, or
leave the acreage with the DNR and complete the Parks Plan instead.
Whatcom County Council, 9/11/2012, Page 8
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Abe Jacobsen (in favor) submitted and read from comments (on file) and stated he
supports the reconveyance. The cost per acre is very low. The benefits of this opportunity
include low- impact recreation, Lake Whatcom water protection from land clearing, habitat
protection, and many economic benefits.
Karen Brown (opposed) submitted and read from a handout (on file) and stated
disabled people won't be able to use this park. She is concerned about the Whatcom Land
Trust easement.
Alfred Arkley (in favor) stated they need to protect the watershed. The Whatcom
Land Trust has protected many lands in Whatcom County. Logging jobs are going to be lost
no matter what happens.
Tom Westergreen (opposed) stated the landscape plan assures that timber
harvesting does not impact water quality or trigger landslides. Prioritize the needs of the
citizens. Citizens are hungry, homeless, and suffer from mental illness and drug abuse.
There are issues with roads and public infrastructure. Don't take away revenue - producing
forest lands to create another park. Reject the proposal, or at least send it to Planning
Commission.
Bob Harriman (opposed) stated he represents Borderline Bassin' Contenders. The
hunters and fishermen spend a lot of money protecting this land and the water quality. The
DNR already has safeguards and enforcement.
Larry Helm (opposed) stated the DNR is doing a good job of taking care of the land.
The DNR provides open recreation, produces revenue, and is owned and protected by the
government. Don't change that to something that will restrict recreation and produce no
revenue, and which may change the level of protection. The change from the forestry zone
should go through the Planning Commission. There are bigger issues in the watershed that
they must address. Certain people are looking to make a preserve just for hiking and
bicycling, not a park that also includes motorized recreation.
Sharon Westergreen (opposed) stated this is not a reconveyance. The County will
have to engage in and pay for forest management practices without being able to use the
revenue. The County will have to pay for operation and maintenance, indemnify the Land
Trust, pay property taxes, and lose future revenue in perpetuity. This is a purchase.
Whatcom County and the citizens can't afford it. She is a County employee. It's not okay
for the County to withhold employee pay raises, raise property taxes, and forego other
projects, including road projects that save lives.
Dona Bracke (opposed) stated she is a County employee. She asked what benefit
there is to Whatcom County. They've paid a lot of money to get to this point, and will get
nothing back. Don't give 8,800 acres to the Whatcom Land Trust in perpetuity. It's
suspicious that an anonymous donor has paid off the Mt. Baker School District. County
employees did not complain four years ago about not getting a raise because times are
tough, and everyone has taken a hit. The Council gave its word that the employees would
see their cost of living raises when things got better, and the employees believed it. If the
County can spend a lot of money to analyze and manage this land without receiving
revenue from it, reward people for taking on the tough times.
(9:24:05 PM)
Whatcom County Council, 9/11/2012, Page 9
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Kate Blystone (in favor) stated she is the chapter director of FutureWise Whatcom.
They support the reconveyance to protect water quality and for recreation.
Jerry Hammer (opposed) stated he is no longer in the timber industry, but still owns
timber land. This one deal won't kill the logging industry, but it is another nail in the coffin.
They don't need this park.
Lurline Hammer (opposed) stated protect the Mt. Baker School District. They don't
need the expense and liability of another park. She read Comprehensive Plan policies about
preserving forest resource land. She submitted postcards signed by people who could not
come tonight (on file).
Christina Maginnis (in favor) stated return watershed lands to the Parks Department.
It will provide recreation and reduce the risk of landslides and phosphorous loading from
continued logging in the watershed. Minimize pollution sources. The forestland will provide
better wildlife habitat and fewer risks to the drinking water supply, even with best
management practices.
Mitch Friedman (in favor) stated he is the Conservation Northwest director. There is
a lot of support for the park from people who couldn't attend or stay tonight. Continue to
move this forward.
Dave Onkles (opposed) stated there are examples of secrecy among the proponents.
The financial analyses should be refined. He is concerned about the Land Trust easement.
Water quality is not an issue according to the Department of Ecology. A Comprehensive
Plan amendment is necessary for the reconveyance to go forward. There are also issues
with the Revised Code of Washington (RCW) 79.22.300.
Ben Kizer (in favor) stated reconveyance is best for long -term health and quality of
life.
Lorraine Newman (opposed) submitted and read from comments (on file) and stated
the reconveyance needs to go to the Planning Commission so the public can be part of the
process and everyone knows how the forest will be managed and funded, and what is the
true tax burden.
David Curley (in favor) stated the reconveyance protects water quality. A side
benefit is a park that can be used for several recreational purposes. It's not necessary to
restrict the uses of the park as long as it doesn't affect water quality.
Clayton Petree (opposed) submitted and read from comments (on file) and stated
the reconveyance will not protect water quality any more than the landscape plan. Initial
costs and revenue loss are not revenue neutral. Send the proposal to the Parks Board and
Parks Department to do a complete park plan. Also send to the Planning Commission for
the necessary rezone for a park. Achieve the goals of reconveyance without actually going
through the reconveyance, with the help of the Department of Ecology and Department of
Health.
Aubrey Stargell (opposed) stated the Department of Ecology determined that
reconveyance will not improve the water quality in the Lake Whatcom watershed. The
County can't afford this. The County will replace a permanent income stream with a
permanent cost stream. They must be able to practice forestry and protect many forestry
jobs. The proposed recreation can already occur. The Comprehensive Plan would have to
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be amended, which has to go through the Planning Commission. This proposal will cost the
county taxpayers.
Matt Petryni (in favor) stated he supports the reconveyance to protect water quality.
The Land Trust is a great organization.
Doug Smith (opposed) stated the proposal weakens the forest industry. Forest fires
will result from an unmanaged forest. It increases the tax burden on the citizens. Another
mill will close. It will be more difficult for small, private forest landowners to continue. The
additional expenses and lost revenue are issues that have been minimized.
Michael Lilliquist (in favor) stated they are facing large capital costs, including pre-
treatment, to provide clean water to the citizens. It's expensive to keep the water clean.
He spoke with someone today who wants to bring millions of outside dollars from mountain -
biking to this community. The recreation and tourism industry will benefit and bring dollars
into the county.
Linda Twitchell (opposed), Building Industry Association of Whatcom County, stated
water quality is not an issue. Logging does not degrade water quality. They need the
logging jobs. Wait and see if there is money in the budget to develop this.
John Lesow (in favor) stated he is not in favor of sending this to the Planning
Commission. When the Planning Commission recommended the Lake Whatcom stormwater
regulations, he assumed the reconveyance would go forward. He did not vote to approve
the stormwater regulations. The reconveyance benefits the overall health of the lake.
Water quality is good in the cities without logging in their watersheds.
David Wallin (in favor) stated timber harvest activities contribute to the decline of
water quality. The reduction in timber harvest activities will have a positive impact to water
quality.
Michael Medler (in favor) stated forest fire risk is not increased. Logging increases
fire risk.
Chris Sechrist (opposed) stated there isn't a need for the reconveyance. Over 60
years, there would be $93 million of timber land revenue. There would not be an annual
cost of operating a park in the amount of $48 million. The net over 60 years is about $141
million.
Jayson Reimer (opposed) stated the County is broke. Everyone is having a hard
time.
Carole Perry (opposed) stated many people who can't come don't know about the
reconveyance. Send the reconveyance to the Planning Commission.
Forest Cat (in favor) stated parks and trails are good for the economy. Recent new
trails are already popular. He read from the September 2012 edition of Backpacker
Magazine about wilderness areas in Knoxville, Tennessee as an example of how these areas
provide economic benefit a community.
Michele Kammerer (in favor) submitted and read from comments (on file).
Whatcom County Council, 9/11/2012, Page 11
Jack Petree (opposed) submitted and read from comments (on file) and stated
resource lands are more important than open space and recreation areas, according to the
Hearings Board. The reconveyance violates State law, is inconsistent with the
Comprehensive Plan, and is not in accordance with the Park Plan.
Greg Brown (opposed) submitted and read from comments (on file) and stated there
are hidden agendas and incomplete information. Take the time to make sure this is the
correct action in the form of an ordinance.
Robert Blake (in favor) stated that regarding the logging, err on the side of caution.
People will sacrifice for the park, but there will be a great gain.
Mike Kaufman (in favor) stated bring this land under local control, and keep it out of
State and federal control. It's a water quality issue.
Michelle Luke (opposed) stated there needs to be a transparent and objective
analysis and process. The exchange was proposed, promoted, and lobbied for by special
interest groups, which should not replace the public process. Water quality is not a valid
reason for the reconveyance, according to Steve Hood from the Department of Ecology.
Nick Paleveda (in favor) stated he moved his high tech company here from the
Seattle /Redmond area because of the quality of life and park facilities. Put the land in local
control, and the water quality won't get worse. If the Council doesn't approve the
reconveyance, he may take his business elsewhere.
Rand Jack (in favor) stated he speaks on his own behalf, not on behalf of the Land
Trust. His agenda is to make this a better place to live. He has not talked to the Council
any more than those who don't support the reconveyance. The Mt. Baker School District
made a thoughtful decision to protect the long -term interest of the children of the district.
He raised $500,000, half of which came from an anonymous donor who wants privacy
protected. Some members of the Council encouraged him to raise the money, thanked him
for raising the money, claimed credit for raising the money, and said they would support the
reconveyance if this money were raised. Executive Kremen put his life into this, and the
Parks Director wants to promote parks.
Emily Weaver (in favor) stated this is the morally right thing to do. This is about the
future of Whatcom County. Manage the water resources. ;e
Rud Browne (in favor) stated he is an entrepreneur, and moved here years ago
to build a business focused on the recycling and reuse of high technology equipment. He
chose this area in large part because of the quality of the environment. His company
created 140 jobs in the county. Air, water, and food are most important. Don't assume
they will have control over this land in the future. Take every opportunity to protect the
watershed, or they may see increasing water treatment costs and declining business
investment, jobs, property values, tax revenue, and funds available for education.
Ramona Abbott (in favor) stated this is an opportunity to protect clean water and
infrastructure safety and create a parks and recreation legacy. It provides local control of
the land around their prime watershed.
Eric Brown (in favor) submitted a handout (on file) and stated he moved to
Bellingham due to quality of life. He is a mountain biker and trail builder. The trails are a
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recruiting tool for new businesses. Local realtors market areas close to trail networks.
Water quality is paramount. This is an opportunity to create a legacy.
Mark Peterson (in favor) stated deliberation has been thoughtful and this process has
been transparent. Other jobs will replace the lost timber industry jobs. Whatcom County
Parks Department is much better suited than the DNR to prepare the land for recreation.
Regain local control to all.
(11:01 :29 PM)
Gordon Iverson (opposed) stated there is logging in the watersheds of the cities of
Seattle, Tacoma, Everett and the Skagit Public Utility District (PUD). Other municipalities
allow logging. On the west side of the mountains, there is a major fire every 300 years.
The last major fire in Whatcom County was in the 1880's. The timber industry supported
management of the watershed lands for timber production by the DNR. There is a
requirement that lands to be transferred have to be county trust lands. Some of the subject
lands were in private ownership.
Dan McShane (in favor) stated he changed his mind on reconveyance. He described
the history of the landscape plan. This is about local control. The Board of Natural
Resources was opposed to protections on logging in the watershed. The Board said it
wanted the DNR to stop managing these lands and trade them out of the watershed. The
reconveyance puts the control in local hands. The amount of land available for logging
under the landscape plan is approximately 2,200 acres, not 8,000 acres.
Whitney Kiewit (in favor) stated she takes pride in the land and the water. The
mountain biking industry values the trails on Galbraith Mountain, and spend a lot of money
on local businesses.
Jody Broughton (in favor) stated the public is in favor of the reconveyance.
Karen Steen (in favor) stated she is concerned about development and traffic
impacts around Lake Whatcom. Development is the real problem with the drinking water.
She supports the reconveyance for local control. The DNR is bankrupt, and should not be
responsible for taking care of that land around the watershed.
Linda Morrell (opposed) stated Whatcom County won't retain local control of the
Land Trust, which will have the latitude to do what it wants with the land. The citizens of
the County will have to pay for whatever the Land Trust wants to do. Move the proposal to
the Planning Commission.
Barry Wenger (in favor) stated he is retired from DOE. This is the best use of the
land. The DNR staff is spread thin. They shouldn't put logging roads in a watershed. The
lowest impact use is trails. It will maintain the drinking water source for Whatcom County.
Teresa Sygatowitz (opposed) stated send the reconveyance for discussion at the
Planning Commission.
Hearing no one else, Kershner closed the public hearing.
(Clerk's Note: The Council took a break from 11 :22 p.m. to 11 :30 p.m.)
(11:30:31 PM)
Whatcom County Council, 9/11/2012, Page 13
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Brenner moved to send the reconveyance issue to the Planning Commission. A lot
of new information has come forward in the last week or two. Let the Planning Commission
in on a major land use decision.
Knutzen stated he supports the motion. Many people asked the Council to send it to
the Planning Commission. Make sure it's fully vetted. Listen to the community's input.
Kershner stated she agrees that they need more information, but is not convinced
the Planning Commission is the place to send it. The Planning Commission schedule is
already full. If this issue is sent to the Planning Commission or another group of
stakeholders, the Council must decide what information it wants the group to work on.
She's not sure the community understands what this is going to be. They don't even know
what to call the land or what it will be used for. She is not opposed to the park, but she has
had issues with it. She's worked with the community to resolve those issues. The Council
is not done resolving the issues.
Mann stated he is against the motion to send to the Planning Commission. It's too
highly politicized. The Council is elected to make this decision. The Council received
criticism about unelected special interest groups, such as the Land Trust. The Planning
Commission is also unelected.
Knutzen stated he hopes the Council gives the public the courtesy of doing what
they're asking by sending this to the Planning Commission to make sure the issue is vetted.
Kremen stated he compliments Councilmember Kershner on how she ran the
meeting. He is opposed to the motion to send to the Planning Commission. After all the
testimony, about half the people indicated they wanted the Council to vote on and approve
the reconveyance. The other half wants the Council to vote against the reconveyance.
Collectively over the last five years, the Council voted to support the reconveyance and
councilmembers have more institutional knowledge about the reconveyance than almost
every member of the Planning Commission. Sending it to the Planning Commission punts
the issue, and doesn't accept the charge that the citizens gave to the councilmembers when
elected.
Brenner stated it's not a punt. It completes a part of the process that should have
been done to begin with. Some of the cost estimates weren't legal and were very
disturbing. Something is wrong with how that money appeared. The Council never voted
on it. The conservation futures fund should have been reimbursed. The Department of
Ecology (DOE) didn't talk about all logging management. The DOE just said that logging by
the DNR under the Lake Whatcom landscape plan is not a significant cause of any water
quality problems.
The motion failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Kremen, Crawford, Weimer, Mann and Kershner (5)
Crawford moved to postpone the vote for four weeks, to October 9, 2012, and ask
staff to review the acreage change he proposes, consider a trail easement to access a trail
network to Squires Lake, and give the community time to do more analysis of some
questionable areas. He does not propose having another hearing. People can contact the
Council via email and the phone about his proposal.
Whatcom County Council, 9/11/2012, Page 14
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Brenner stated she's heard claims made through email that aren't factual. Many
concerns haven't been addressed. She would like an answer to her question of why they
would reconvey liability for the land, if the land can't be logged anyway.
Crawford stated that in four weeks, the Council can compare the existing proposal
with his proposal and discuss changes to either.
Kershner asked how a councilmember can take out 2,000 acres at this point in the
process. She would like to know how this meets the need of a public process.
Weimer asked if the County can contract for logging certain areas, if they reconvey
the entire area. McFarlane stated there is a clause in the reconveyance statute that allows
the DNR to do timber management. The Council can request that the DNR continue to
manage those particular areas. However, the DNR indicated that it wasn't interested in
doing the timber management, but he will confirm that option. Otherwise, the County could
do the forest management.
Weimer stated the County could have local control over the logged area and set
stricter standards if necessary. McFarlane stated they could. There are habitat
conservation areas and sensitive areas, also. The County will be in control over the forest
management plan.
Crawford stated more time would allow the Council to vet those questions. At this
hour, he's not willing to support the reconveyance in its original form.
Kremen stated he reluctantly supports Councilmember Crawford's motion. There is
some merit to his solution. He asked staff to also communicate with the DNR about
easements that would provide connectivity that provides recreational opportunities on land
under the County's control.
Kremen stated he suggests that they request staff to work on easements to provide
connectivity to be most useful for recreational uses.
Mann stated he would support the motion to postpone. He's heard a lot of
misinformation tonight about the details.
Brenner asked if the motion allows councilmembers to get any questions answered.
Crawford stated it does.
The motion to postpone for four weeks carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford moved top accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 9/11/2012, Page 15
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1. ORDINANCE REVOKING ORDINANCE 2005 -044, WHICH ESTABLISHED A
$50.00 PETTY CASH REVOLVING FUND FOR JUVENILE COURT
ADMINISTRATION (AB2012 -297)
2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $108,908 (AB2012 -298)
3. ORDINANCE PREVENTING THE RELEASE AND SPREAD OF NON - INDIGENOUS
AQUATIC INVASIVE SPECIES IN THE WATERS OF WHATCOM COUNTY
(AB2012 -042A)
4. RESOLUTION ADOPTING THE WHATCOM COUNTY 2013 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB2012 -299)
S. ORDINANCE FOR ZONING AMENDMENT TO ALLOW AGRICULTURAL
SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING DISTRICT
(AB2012 -300)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.104, CODE OF ETHICS
(AB2012 -158)
OTHER BUSINESS
(12:00:55 AM)
Brenner referenced the discussion of whether to include federal and state races in Primary
Local Voter Pamphlet for future years (AB2012 -280) held during the Finance Committee meeting
today. The State should publish a pamphlet, but it won't. It will cost $6,000 to ensure that
everyone running for office can talk about themselves without having to pay to mail
information out to people. She moved to spend $6,000 to include the State and federal
elections in the local voter pamphlet.
This is important. Everyone should have the same access. Not every candidate has
the same access if they don't have money or name familiarity. That's not fair. She wished
the state published it's own information, but it's not. The $6,000 is much less than the new
play equipment at Hovander Park on which other councilmembers voted to spend $75,000.
The County is obligated to make sure people are informed.
Knutzen asked if the Council should vote on this.
Dana Brown - Davis, Clerk of the Council, stated the expense would come to the
Council through a budget supplemental request.
Brenner amended her motion and moved to request the County Auditor and
administration to prepare and submit a supplemental budget or additional services request
to pay for publishing the State and federal election candidates in the local voter pamphlet.
Kremen stated that if the administration or Auditor doesn't submit an additional
services request (ASR), the Council can appropriate the cost to publish the election
information.
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M
Crawford stated there won't be any primary elections before the Council goes
through the budget process.
Knutzen stated they can do it during the budget process.
Mann reported for the Finance and Administrative Services Committee and stated
he's changed his mind and supports the motion.
The motion carried by the following vote:
Ayes: Kremen, Brenner, Mann and Kershner (4)
Nays: Crawford, Weimer and Knutzen (3)
Knutzen stated the Sheriff and the Jail advisory board held a meeting that showed
videos on the conditions of the jail. He would like to view these videos at a Council meeting
or somewhere on the agenda. He would like it at the evening meeting, so people in the
community can see the videos through BTV.
Brenner stated she would like to see them in the Public Works, Health, and Safety
Committee.
Kershner stated they can schedule it in both meetings.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(12:08:38 AM)
Crawford reported that he is taking on a permanent part -time position, and may
need to resign from the Council of Governments (COG) and Bellingham International Airport
Advisory Committee due to scheduling conflicts. The Council will need to appoint
replacements.
Kremen reported that most of the Councilmembers have been sitting in their chairs
for more than 11 hours today.
Kershner reported that she attended Republican National Convention in Tampa as an
alternate delegate representing the 2nd Congressional District of Washington State. To be at
such an event was extremely exciting.
Mann reported that he commends Councilmember Kershner for doing a good job
running a skillful meeting tonight.
Knutzen reported that he went to the Kendall Creek Hatchery with his family. They
are planting spring Chinook in the middle fork. He's been attending the Puget Sound
Partnership meetings with Lummi Nation representatives. He thanked the Lummi Nation for
inviting him to the hatchery.
Weimer reported that he visited the new Lily Point facility at Point Roberts.
Whatcom County Council, 9/11/2012, Page 17
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ADJOURN
The meeting adjourned at 12:14 a.m. on Wednesday, September 12, 2012.
The Council approved these minutes on October 23, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(g-.o.w hatcom .wa.us
Whatcom County Council, 9/11/2012, Page 18