HomeMy WebLinkAboutCouncil February 8 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
February 8, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford,
Mann, Tony Larson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7 :00:24 PM)
Kathy Kershner, Bill Knutzen, Ken
Crawford announced there was discussion regarding a draft ordinance
amending Whatcom County Zoning Code Title 20, the Official Whatcom County
Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to
implement changes relating to rural land use planning (AB2010 -072A) during the
Special Committee of the Whole meeting. The Committee will continue the discussion at
another meeting at 1 p.m. on Tuesday, February 15, 2011.
Crawford also announced there was discussion regarding potential property
acquisition for the Flood Control Zone District (AB2011 -018) in executive session
during the Committee of the Whole meeting. The Council is acting as the Flood Control
Zone District Board of Supervisors.
Kershner moved to authorize the County Executive, on behalf of Whatcom County
Flood Control Zone District Board of Supervisors, to move forward with and complete
acquisition of one property in Marietta as long as the purchase price of the parcel does not
exceed the amount discussed in executive session.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen and Kershner (5)
Nays: Mann and Brenner (2)
OPEN SESSION (7 :02 :21 PM)
The following people spoke:
• Dick Vandenberg, 983 Van Dyk Road, submitted a handout (on file) and
spoke about an alternate site for a new jail.
• Shane Roth, 3925 E. Connecticut Street, spoke about a proposed jail site.
• (Clerk's Note: The speaker following Shane Roth requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
Whatcom County Council, 2/8/2011, Page 1
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Gary Jensen, Ferndale Mayor, stated he's representing the Mayors of all the
small cities and spoke on the Economic Development Investment (EDI)
funding for affordable housing.
Paul Schissler, 714 Wilson Avenue, Bellingham, spoke on the EDI funding for
affordable housing.
Crawford welcomed Scout Troop #4014 from Blaine.
PUBLIC HEARINGS
1. RESOLUTION APPROVING THE WHATCOM COUNTY PEDESTRIAN AND
BICYCLE PLAN (AB2010 -381) (7 :17 :20 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2010 -062) (7 :19 :02 PM)
Crawford opened the public hearing, and the following people spoke:
Steve Hood, Washington State Department of Ecology Water Quality Engineer, stated
this will minimize additional damage to the lake while the County develops future plans for
new development. Additional phosphorus from new development will increase the burden
to improve water quality with retrofits to existing public and private infrastructure. He
supports the ordinance. Current development regulations nearly meet standards from the
Department of Ecology, but they aren't sufficiently protective of Lake Whatcom. Squalicum
mountain is an example of development that would not contribute additional phosphorus to
the watershed if plans are properly implemented. For every square foot of impervious area,
there must be six and a half square feet of forest area preserved to infiltrate the
stormwater. Maintain natural hydrology. Lots with ten percent of impervious area can have
that water treated on 65 percent of forested area. A recent development survey of existing
regulations resulted in less than ten percent of forest on lots smaller than two acres and
forty percent of forest on five -acre lots. Engineered solutions can achieve the same level of
treatment, but staff doesn't have the resources to monitor those systems, which means that
they are likely to increase contribution in the future. It hasn't been shown that
contributions from existing development can be sufficiently reduced to accommodate
increases from new development. Maintain the moratorium.
Dan McShane, 1451 Grant Street, Bellingham, stated he supports the ordinance. It's
interesting that there are no representatives tonight from the City of Bellingham. The
Council does a pretty good job on Lake Whatcom, but they must do more. One issue has to
do with limited areas of more intense rural development (LAMIRDs) and the potential for
creating more small lots in the watershed. He agrees with Mr. Hood. Allowing five acre lots
would be easy to do, with little impact. The forest soil stores a substantial amount of water.
Whatcom County Council, 2/8/2011, Page 2
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Remove the forest and soil, and runoff occurs. During an average rainfall, about 40 percent
of the water never reaches the forest floor at all if there's canopy. Prevent smaller lots. It
is possible to deal with stormwater on small lots, but it's extremely difficult. Engineered
solutions are expensive, difficult to monitor, and unreliable. He thanked the Council for its
investment in restoration projects in 2011.
Wendy Harris, Bellingham, stated she supports the ordinance. Most County
residents want the lake protected. The purpose of the original moratorium was to allow
time to implement sufficient land use regulations. That need remains. She asked why the
County allows Lake Whatcom to remain unprotected from harmful development during the
moratorium. They must complete the Rural Element of the Comprehensive Plan before
taking action to permit development. Don't allow the moratorium to lapse at the same time
the County is asserting in court it's intent to protect rural elements in compliance with the
Growth Management Act (GMA). The County must comply with the GMA, Shoreline
Management Act (SMA), total maximum daily load (TMDL) study, and the Clean Water Act.
Renew the moratorium.
Pete Kremen, County Executive, stated he supports the ordinance. The issue is
critical. He agrees with comments from Dan McShane. They must go even further.
Extending the moratorium would be prudent. It would demonstrate the Council's
commitment to and concern for Lake Whatcom.
Shane Roth, 3925 E. Connecticut Street, Bellingham, stated the reason there are no
representatives from the City of Bellingham present is because they want the County
Council to drop the moratorium. It will strengthen their case for capping exempt wells in
the watershed. This is a vote to give political capital to Mayor Pike this election cycle.
Sustaining this moratorium gives political capital to the County Councilmembers this
election cycle.
Hearing no one else, Crawford closed the public hearing.
(7:31:27 PM)
Brenner moved to adopt the ordinance.
Crawford stated he would vote against the ordinance. He's never supported the
moratorium. They are down to about 30 parcels. He agrees with many comments from
Steve Hood. However, development regulations are good enough to protect the lake. He
asked for information from the Department of Ecology about what in the development
regulations specifically does not protect the lake. That would be new information. The
development potential of these lots is negligible.
The current moratorium on the Rural Element areas around the county include all the
areas subject to this moratorium. He anticipates removing the Rural Element moratorium
as soon as they pass a Comprehensive Plan change, planned for March. This ordinance will
continue six months after that.
Brenner stated someone from Ecology said that the big, engineered stormwater fixes
aren't as effective as low- impact development on each lot, which is much less expensive.
She hopes they will work on the best low- impact development retrofits possible for the lake.
Kershner stated she supports the moratorium to get the development standards in
place that will protect the lake.
Whatcom County Council, 2/8/2011, Page 3
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Knutzen stated he supports the ordinance. He stated Ecology and the Mayor should
do something about water rights for the agricultural community. Water rights have been
used as weapons instead of tools.
The motion carried by the following vote:
Ayes: Larson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Crawford (1)
CONSENT AGENDA (7:36 :35 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
FOR MENTAL HEALTH TREATMENT SERVICES IN AN AMOUNT THAT IS
VARIABLE DEPENDING ON NUMBER OF SERVICES PROVIDED AND
AUTHORIZATION BY THE HEALTH DEPARTMENT (AB2011 -080)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KAREN E. JACKSON, MA,
LMFT FOR MENTAL HEALTH TREATMENT SERVICES IN AN AMOUNT THAT IS
VARIABLE DEPENDING ON NUMBER OF SERVICES PROVIDED AND
AUTHORIZATION BY THE HEALTH DEPARTMENT (AB2011 -081)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ACCEPT ALL BIDS
FOR ANNUAL SUPPLY OF QUARRY ROCK, GRAVEL AND OTHER MATERIALS
FOR USE AS NEEDED FOR VARIOUS COUNTY MAINTENANCE PROJECTS, AND
SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF EACH PARTICULAR JOB IN AN AMOUNT TO EXCEED
$35,000 (AB2011 -082)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF GPS SURVEY EQUIPMENT USING WASHINGTON STATE
CONTRACT, VENDOR PPI GROUP IN THE AMOUNT OF $39,987.40 (AB2011-
083)
S. RESOLUTION TO SET HEARING AND NOTICE OF HEARING FOR THE SALE OF
SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION (AB2011 -084)
6. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
(AB2011 -085)
7. RESOLUTION ACCEPTING THE LIST OF PETITIONS FOR PROPERTY TAX
REFUNDS (AB2011 -086)
Whatcom County Council, 2/8/2011, Page 4
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OTHER ITEMS
1. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT
BOARD'S RECOMMENDATIONS FOR EDI FUNDING - CITY OF FERNDALE
PROJECT: HOUSING AFFORDABLE FOR THE WORK FORCE (AB2011 -052A)
(7:37:17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Larson stated he is opposed to the request. The EDI fund ought to be used for job
creation. He supports the concept of affordable housing, but it's not the government's role
to subsidize home purchases. For this amount of money, they can do better in terms of job
creation. They are going to have to look at the EDI fund and make sure proposals are
specifically tied to economic development. This is a good affordable housing project, but it's
weak in terms of economic development.
Brenner stated she agrees with Councilmember Larson, but will support the motion.
In addition to affordable housing, it will provide construction jobs. It will be a stimulus for
the entire economy. The City of Ferndale and proponents will do a good job overseeing the
projects. These projects will benefit citizens who are working and can prove they have a
regular income. Government does that. It's an issue as big as the homeless issue. She
agrees that they must better - understand and prioritize EDI monies before receiving any
more proposals.
Knutzen asked if the Council will see this again when the contract is finalized.
Dewey Desler, Deputy Administrator, stated the Council will.
Knutzen stated a contract amendment suggested was that the City of Ferndale be
responsible for administration. Another suggestion was that the money would be paid back.
Add better wording on how the money will be repaid. Don't lend the money in perpetuity.
Crawford stated he has decided to support the item, although he understands the
concerns. Develop a more specific guarantee for repayment.
Kershner stated she supports the motion. It is a great marriage of private industry
and home purchase assistance. The Treasurer already is acting as the social service agent
for Lummi Island residents who need special ferry fares. Don't have the Treasurer also take
on the role of a mortgage processing office. Any mechanism must be able to function
without additional staff time and support that nullifies the benefit.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Larson (1)
2. APPROVAL OF "STANDING" COUNCIL MEETINGS FOR 2011 (AB2011 -056)
(7:46:01 PM)
Larson moved to approve the schedule.
Whatcom County Council, 2/8/2011, Page 5
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. NOMINATION AND APPOINTMENT TO FILL VACANCY ON NOXIOUS WEED
CONTROL BOARD - APPLICANT(S): GARY KNAUS (AB2011 -079) (7:46:41
PM)
Kershner nominated and moved to appoint Gary Knaus.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS
APPOINTMENT OF JACK HOVENIER, AND CONFIRMATION OF THE
DESIGNATION OF DAVID BROWN AS BAR ASSOCIATION REPRESENTATIVE,
TO THE WHATCOM COUNTY PUBLIC DEFENSE ADVISORY COMMITTEE
(AB2011 -087) (7 :47 :07 PM)
Knutzen moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (7 :47 :46 PM)
Brenner moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING A PORTION OF THE OFFICIAL WHATCOM COUNTY
ZONING MAP FROM RURAL 5 (1115A) TO LIGHT IMPACT INDUSTRIAL (LII)
ON 35 ACRES WITHIN THE RURAL COMPREHENSIVE PLAN DESIGNATION
(AB2011 -088)
2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $974,705 (AB2011 -089)
3. RESOLUTION TO SELL SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION
(AB2011 -084A)
OTHER BUSINESS
There was no other business.
Whatcom County Council, 2/8/2011, Page 6
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Knutzen stated he is working with a charity to donate used computers to kids in the
community. Anyone should donate their old computers to ReElectronics.
Brenner stated she attended the Farm Friends meeting last week. It was very
informative. She's looking forward to the next meeting that will address solutions. Some
farmers talked to her about stormwater problems affecting their properties that originate in
other jurisdictions.
Kershner stated she attended her first legislative steering committee with the
Washington State Association of Counties (WSAC). The dues money to this association is
worthwhile. They are working hard on behalf of all counties. Whatcom County is one of the
few counties that has a part -time Council, so the Whatcom County benefits even more from
the association.
Brenner asked the Department of Ecology to take action on water rights for farmers.
ADJOURN
The meeting adjourned at 7:50 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 2/8/2011, Page 7