HomeMy WebLinkAboutCouncil February 26 20081
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
WHATCOM COUNTY COUNCIL
Regular County Council
February 26, 2008
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Bob Kelly
Sam Crawford
Seth Fleetwood
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
SPECIAL PRESENTATION
Absent:
None
2. PRESENTATION TO ALFRED AND DELORES RODRIQUEZ BY COUNTY
EXECUTIVE KREMEN (AB2008 -017)
Pete Kremen, County Executive, stated Alfred and Delores Rodriquez donated
waterfront beach land which joins Whatcom County. park land. It will enhance the
enjoyment and natural beauty of Birch Bay for generations. He presented Mr. And Mrs.
Rodriquez with a token of appreciation.
Alfred Rodriquez stated Albert Halvorson originally owned the property. It used to
be an ice cream parlor, grocery store, and boathouse. He is pleased to donate the land to
Whatcom County.
3. PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN COMMENDING
SERGEANT RICHARD FRAKES (AB2008 -017)
Pete Kremen, County Executive, stated he has issued a letter of commendation to
Sergeant Richard Frakes of the Whatcom County Sheriff's Office for his actions regarding an
armed man at the Kmart store. He read the letter into the record. Sergeant Frakes talked
an armed man into relinquishing his gun and protected the people in and around the store.
Bill Elfo, County Sheriff, stated he is very proud of Sergeant Frakes. He has served
Whatcom County since 1975 with distinction and devotion to duty. He has been willing to
put his life on the line even though he can retire any time he wants. He wants to make the
community safer.
Whatcom County Council, 2/26/2008, Page 1
Richard Frakes, Sergeant, thanked the Executive for the commendation and kind
words. His actions were no different from any other deputy who would have responded. He
just happened to get there first. Many fine men and women work in all sections of the
Sheriff's Office. They do their job for the people of Whatcom County every day. Many
things they do sometimes don't get recognized. Everyone in the Sheriff's Office works as
hard as they can to do a good job.
1. PRESENTATION BY DOUG SUTHERLAND, COMMISSIONER OF PUBLIC LANDS,
DEPARTMENT OF NATURAL RESOURCES, AND COUNTY EXECUTIVE KREMEN
ON THE LAKE WHATCOM RESERVOIR WATERSHED RECONVEYANCE
(AB2008 -017)
Pete Kremen, County Executive, stated they will move forward with the long- awaited
Lake Whatcom reconveyance. He thanked the County Council for giving the administration
the support needed to move forward on this item. This effort is truly monumental. If they
are able to successfully complete this reconveyance with the State Department of Natural
Resources (DNR), future generations will be able to savor and enjoy a remarkable asset to
Whatcom County. Whatcom County's quality of life is often defined by its natural resources
and recreational opportunities. They must all preserve those attributes. That preservation
is a priority of his administration, with the County Council's support
The DNR and Whatcom County bring forward a landmark proposal to recommend the
transfer of ownership to Whatcom County of over 8,400 acres of DNR land in the watershed.
The proposal will protect water quality, preserve important habitat, and provide recreational
opportunities within walking and biking distance of the county's major population center.
Included in the reconveyance is one mile of shoreline, which is currently proposed for
residential development.
The long -range management of these forestlands will be different under County
ownership. The land would be used as low- impact park land. Management will be focused
on creating diversity and allowing the forest to mature to an old growth environment.
Development will be restricted to low- impact, non - motorized trails connecting communities,
neighborhoods, and parks. The County does not envision building new roads for park
purposes. Any needed forest practices will be directed to enhance diversity and old growth
for the benefit of the lake and natural resources.
The benefits are many. There are associated costs. He's directed his administrative
staff to carefully review the costs and the transfer of long -term obligations, such as lost
revenue from timber sales and ongoing maintenance -costs. The costs will be reasonable
and within the County's ability to pay. The benefits are worth the costs and efforts. This is
a unique and special place. No other urban center can claim the potential of 8,400 acres of
old growth timber.
Doug Sutherland, Washington State Commissioner of Public Lands, described the
history of the land. In the early 1930's, people were unable to pay property taxes due to
the Great Depression. The property ownership reverted to the counties, but the counties
didn't have the resources to manage the lands. Therefore, the State of Washington took
the deeds for the properties and manage the lands to benefit the counties. About 680,000
acres in 19 counties became properties of the State.
If a county wants the land conveyed from the State back to the county, the county
has to set up a park plan, have the State accept that park plan, and work with the DNR to
re -deed the properties back to the county.
Whatcom County Council, 2/26/2008, Page 2
1
2 The current ownership of the Lake Whatcom land is a series of federally - granted
3 trusts intermingled with the forest board lands, which the State manages on behalf of the
4 counties. Altogether, Whatcom County has about 42,000 acres of these kinds of lands.
5 Over the years, the State has maximized revenues to the County in the amount of $9
6 million. However, last year the State generated only $1.77 million.
7
8 The federally - granted trust lands were given to the State by the federal government
9 at statehood for the purpose of building schools, universities, and capital buildings. Western
10 Washington University receives benefit from the trust generated through this land grant.
11 The largest of these trusts is the common schools, public schools with grades Kindergarten
12 through 12th grade. The ownership pattern of these lands is intermingled.
13
14 Originally his department thought that a reconveyance would be too difficult. They
15 worked out a way to rearrange the ownership pattern so the County receives a unified block
16 and the State retains ownership of the other trust as a unified block, which would separate
17 one from the other.
18
19 The current proposal is conceptual. After their initial obligation of public
20 involvement, they must make sure the reconveyance trades properties of equal values
21 through an appraisal process. The County must cover the appraisal expenses.
22
23 Once the public process is complete, the State is ready to sign the memorandum of
24 agreement. Several public meetings will be held during a sixty day period. They will
25 explain in greater detail the transaction and reconveyance. Once that's done, he will
26 complete the appraisal process and ensure an equal value trade among the trust
27 beneficiaries. He will then take the proposal to the Board of Natural Resources for its
28 concurrence. Then the deal can close. The DNR will probably have at least two public
29 meetings within Whatcom County. The process will probably conclude this Fall or next
30 Spring.
31
32 By statute, the property must be used as a park. It's an incredible opportunity. This
33 is the largest reconveyance they've attempted in the history of the State and through this
34 process. The property is worth $20 million to $35 million. The citizens of Whatcom County
35 will receive many benefits.
36
37 Kremen stated Commissioner Sutherland and his staff have been very collaborative
38 and helpful. Two people labored the most on this reconveyance. He recognized DNR staff
39 Craig Partridge and Whatcom County Parks Department Director Mike McFarland.
40
41 Brenner asked what is valued at $20 million to $35 million. Sutherland stated that is
42 the approximate value of the 8,400 acres that will be reconveyed back to the County.
43
44 Brenner asked if the County has to pay that amount. Sutherland stated it does not.
45 It is the value of what the County will receive.
46
47 Brenner stated the Council received a letter from the Mount Baker School Board.
48 She asked how much revenue is from the trust for any affected school district. She asked
49 who would make up that amount. Sutherland stated the State will not make up that
50 amount. In managing these lands for the County, the County receives a percentage of the
51 trusts' gross revenues. The State retains 22 percent of the gross amount. Those monies
52 are distributed to various taxing jurisdictions. He doesn't know how much of that the school
53 district typically receives.
Whatcom County Council, 2/26/2008, Page 3
Brenner stated she would like to know what all those taxing districts receive.
Mike McFarland, Parks Department Director, stated he will provide that information.
Now, they estimate that about $185,000 and $200,000 goes to all the local taxing districts
annually.
Brenner stated $1.7 million was generated for the taxing districts. That's more than
what they stated.
Caskey- Schreiber asked if the State's 22 percent is included in the $1.7 million.
Sutherland stated it is not. That is the net return to the County.
Caskey- Schreiber stated she thanks Executive Kremen and Commissioner Sutherland
for working on this worthy project. This is one of the best things they can do for Lake
Whatcom. The Landscape Plan includes low- impact logging at best, but that may have still
led to erosion, runoff, and consequences for the watershed. This is a winning situation for
all. She hopes they work out the taxing issues locally. This is the best money spent in the
long -term for protecting Lake Whatcom. Every reservoir on the West Coast has old growth
forest around them. It is the best filtration system for Lake Whatcom.
Kremen stated the 8,400 acres in the reconveyance is just over 25 percent of the
entire watershed. It's massive and extremely significant.
Nelson stated the vision is great. They've always had forestlands. This doesn't
change much dynamics of the structure, other than forestry practices. He asked how they
convey to the public the cost to the County, in terms of fire protection and roads, as they go
through this process. He asked what resources the County will have to address issues as
they arise. He asked if there will be a plan for those situations. McFarland stated the
Natural Resources Committee addressed those costs at its meeting earlier in the day.
Additional costs will depend on the type of resource management plan the County develops
for these properties. They still need to work out a number of issues with the DNR. The
DNR will still have a presence in those areas. They will share roads, tower sites, and fire
protection.
Nelson asked if the DINR provides fire protection. McFarland stated it will.
Sutherland stated that has yet to be determined.
Crawford stated this looks like a great presentation. The letter from the Mount Baker
School District specifically asks that full compensation to the school district be a necessary
condition of reconveyance. He asked if that's possible, or how that happens. Kremen
stated it is possible. He's met with the Mount Baker School District officials, who are willing
to work with the County. The district doesn't have excess funds. He will work with the
district. They know the value of the lands. They estimate the transaction costs to be
approximately $300,000. Annual operating costs, when built out, are estimated at
$150,000 per year. The amount the County spends annually to protect Lake Whatcom
pales in comparison. The County will get tens of millions of dollars of irreplaceable land
within the watershed for $300,000.
Caskey- Schreiber stated the cost of the Cable Street upgrade for the vault system,
one stormwater fix, came close to $6 million. An ounce of prevention is worth a pound of
cure. As people become educated about erosion issues and eutrification of Lake Whatcom,
Whatcom County Council, 2/26/2008, Page 4
1 they will reach the same conclusion. Protecting this forest land is the best thing they can
2 ever do.
3
4 Brenner stated she's trying to be optimist and hopes this works out. It's ludicrous to
5 compare this to Cable Street. This is forestry land. There is a Lake Whatcom forestry plan.
6 The forestry plan held that land in good condition. The County should only do things that
7 the taxpayers can afford. The numbers don't match. Kremen stated that over half of the
8 8,400 acres being reconveyed can never be logged under the current Lake Whatcom
9 landscape plan. That takes 4,500 acres off the table. The DNR may get some land that can
10 be logged in lieu of some of the land that the County gets in the reconveyance. The $1.7
11 million is not what the County will lose. There haven't been very many cuts within the
12 watershed for several years.
13
14 Sutherland stated the $1.7 million is what the County received from the DNR's
15 management of the entire 42,000 acres it manages within Whatcom County.
16
17 Kremen stated the suggested 60 -day time period is not etched in stone. That time
18 can be extended.
19
20 Weimer stated they should move forward as fast as possible. He appreciates
21 Executive Kremen and Commissioner Sutherland for working together on this item. All their
22 questions will be answered.
23
24
25 MINUTES CONSENT
26
27 Caskey- Schreiber moved to approve the Minutes Consent items.
28
29 Motion carried unanimously.
30
31 1. COMMITTEE OF THE WHOLE FOR JANUARY 29, 2008
32
33 2. REGULAR COUNTY COUNCIL FOR JANUARY 29, 2008
34
35 3. COMMITTEE OF THE WHOLE FOR FEBRUARY 12, 2008
36
37 4. REGULAR COUNTY COUNCIL OR FEBRUARY 12, 2008
38
39
40 OPEN SESSION
41
42 The following people spoke:
43
44 Walter Illian, resident, stated he is opposed to the moratorium in the Geneva
45 District. The zoning has not changed. It is still the same. He has services to three parcels.
46 He wants to create two parcels and give one to his son. This moratorium is holding it up.
47 He wants to build a house for his son and daughter.
48
49 Brenner stated the County Council did the moratorium to get information and go
50 through a public process. Illian stated the staff have said that report is done, and there
51 isn't anything else they can do.
52
53 Brenner stated she hasn't gotten any report.
Whatcom County Council, 2/26/2008, Page 5
Weimer stated they will check into it.
(Clerk's Note: End of tape one, side A.)
Russ Pfeiffer -Hoyt, Mount Baker School District Board Member, Legislative
Representative, submitted and read from a letter (on file). The Board has concerns about
Lake Whatcom Land reconveyance and their request for compensation of the costs to the
school district. Make sure the costs of reconveyance aren't borne by the district's children.
Brenner asked the overall amount the district has received from the trusts in the last
ten years. Pfeiffer -Hoyt stated there has been a moratorium. That area has been growing
volume, but it hasn't been harvested. Agree on a process to determine a fair and equitable
value.
Brenner asked if the compensation would be received annually or as a one -time
contribution. Pfeiffer -Hoyt stated the district is open to a variety of proposals.
Mel Marcoux, 6128 Kickerville Road, stated testing methods for testing septic tanks
will force many seniors or low- income citizens from their homes. They would have to come
up with $25,000 for a mound system. Most cannot qualify for a bank loan. They will suffer
emotional and financial losses, and could be evicted. Homeowners shouldn't be evicted
unless the septic system has one or more of the following defects: sewage on the surface of
the ground, sewage discharged to surface water, sewage backing up into a structure,
sewage leaking from a tank chamber or collection system, contaminated ground water
proven by a dye test, and surface intrusion into the septic tank. Use DNA testing to prove
that human fecal bacteria is present in streams and well water. Use the Environmental
Protection Agency (EPA), State, and federal grant funds to finance low- interest loans for
testing and education programs. Provide free one -day workshops that allow homeowners to
do all their inspections except when property is being sold. Provide vouchers to low -
income, senior, and disabled residents with an income less than $40,000 who attend
workshops to purchase repair materials. He is opposed to the septic testing method
regarding one foot below the water table. He is also opposed to testing that overfills the
septic tank.
Weimer stated the Board of Health will discuss the septic system issue on February
28 at 12:30 p.m.
Dennis Jones, 1487 Sudden Valley, stated there is a vision for Lake Whatcom. The
vision of Lake Whatcom as a reserve and a park has been a vision for 25 years. There are
42,000 acres of DNR trust land in Whatcom County. The revenue for that was $1.7 million.
There has been a moratorium for over ten years on the 8,400 acres in the reconveyance.
Very little logging has been done there. There hasn't been any revenue from that acreage.
The loss to the Mount Baker School District is not very much. It is a very low amount. The
number one source of water input to Lake Whatcom is from Austin Creek. That is the
source that they will sustain. This is the cheapest, best way to sustain the water.
Roger Van Dyken, 145 E. Cedar Drive, Lynden, stated he supports the Legacy Project
contract (AB2008 -104) on the Council's Consent Agenda tonight. There are two parts to the
Legacy Project. One part is the science. The other part is the body politic. Before the
Council tonight is the contract for the science part, designed to give Whatcom County
information for the future. It is a value tool, apart from the Legacy Project. The Council is
right to question the members of the contract group. By design, the membership
Whatcom County Council, 2/26/2008, Page 6
represents the diversity of Wh-atcom County. The scope of the project is to define what the
citizens envision for their children and grandchildren.
Todd Jones, 3057 East Bakerview Road, Whatcom County Agricultural Advisory
Committee Member and Whatcom Legacy Project Steering Committee Member. The Legacy
Project is a citizen -led effort to map out a legacy vision that provides a context for future
planning. The steering committee, made up of a diverse group of people, is up to that task.
He is in favor of awarding the Legacy Project contract (AB2008 -104). The key task in the
contract is to create a legacy vision that also provides a useable resource for future planning
in Whatcom County. The contract will fund two areas of research. One area is the
biodiversity database and map. The Council will have the information it needs to set
conservation and development priorities in one place. That is a powerful tool. The second
area of the contract is values research. They all need this research to better understand the
public's values and interests regarding land use in Whatcom County. The research will also
be useful for the 2011 Growth Management Act (GMA) update.
Mauri Ingram, Whatcom Legacy Project Member, stated the Legacy Project contract
(AB2008 -104) has two components, attributes of place and values and ideals of the people.
These two broad themes are the bases upon which Council decisions are predicated. The
Council hears from people who want to add their voice to the process of land use planning
in Whatcom County. While those are legitimate and well- intended people, they are often
narrow in focus, fear - based, negative. The values research component of the contract
invites focuses on what the community wants, not what the community doesn't want. The
Council's and staff's work will be easier and create benefits to the community if the Council
knows the community's shared ideals.
Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, the ecosystem
surrounding Lake Whatcom is beautiful.
The Law and Justice Council meeting was three hours, at a cost of $40 to $60 per
hour. They plan on putting more prisoners in the big jail. Most of those on the council
didn't have to go through courthouse security because they are insiders. He is afraid of
Sergeant Frakes, who was earlier honored for being a hero. They are talking about a cost of
$60 million to $100 million for a jail, including a big Sheriff's Office. They are also talking
about a cost of $56 per day for 1,000 prisoners. That's big money.
Dan McShane, 1451 Grant Street, Bellingham, stated the Council voted on the urban
growth area (UGA) at the last meeting. He thanked the Council for its hard work. The
findings of fact were impressive, even though not everyone was happy with what they voted
for.
The Lake Whatcom Coalition supports the Lake Whatcom reconveyance process. it
will make for a better forest reserve park. It will benefit the management of the remaining
forest land managed by the DNR. He is very excited about the reconveyance.
The list of projects in the Comprehensive Economic Development Strategy (CEDS)
document does not include any Lake Whatcom projects from the City of Bellingham. Some
City Council Members are unfamiliar with CEDS. They may take up that issue and amend
the document. One project that used to be on the CEDS list was the diversion dam on
Middle Fork of the Nooksack, which is part of the draft Salmon Recovery Plan for Whatcom
County. It's important for the County's salmon recovery efforts. He submitted photos of
forest practices occurring under current forest practice rules.
Whatcom County Council, 2/26/2008, Page 7
David Wallin, 2020 N. Mahonia Place, Bellingham, stated he is a faculty member in
the Department of Environmental Sciences at Western Washington University. He supports
the reconveyance proposal. He thanked Executive Kremen and Commissioner Sutherland
for bringing the proposal forward. They all acknowledge that timber harvesting has a long
list of adverse environmental impacts. He recognizes that people need to harvest timber,
but don't harvest timber in the Lake Whatcom watershed. He is a forest ecologist. He
discussed his background. Some people suggest that park development in the watershed
would have more negative impacts than timber harvesting. That isn't a mature argument.
There is no evidence of that concern.
Brenner asked if well - managed logging practices can avoid adverse impacts. Wallin
stated carefully- managed timber harvesting has adverse impacts. The associated road
construction also has negative impacts. Compare the rates of landslides in watersheds with
logging and without logging. Watersheds with logging and roads will have ten to 100 times
more landslides than unlogged and watersheds.
Mitch Freedman, Conservation Northwest Executive Director, stated he supports the
reconveyance. He and his staff have talked to people in the community about this project.
There is a great level of support and enthusiasm. It's difficult to track how the DNR money
runs through the DNR and is disseminated to the trusts. However, look at the cost -
effectiveness of the ecosystem service. Consider the economic benefits of lower risk to the
lake and water quality improvements. They won't find a more cost - effective way to
advance watershed protection. Some in the community are concerned that the
reconveyance is a distraction from other important things they need to do to protect the
lake. He doesn't agree. Reconveyance is progress and commitment to protect the
watershed. He looks forward to more similar initiatives to protect the watershed.
Sharon Crozier, Bellingham, stated she thanks the County Council for taking better
care of the watershed than the Bellingham City Council. It's nice to see the concurrency
issue on the agenda. The economy no longer allows the subsidy of private industry as has
occurred for development. They've built enough, and no one is buying. Consider the idea
of a county school district. All will be treated equally.
Rod Pemble, 2915 Cedarwood Avenue, Bellingham, stated he congratulates the
County and DNR for working on the revolutionary idea that is reconveyance. He also
approves the Legacy Project,
Marion Beddill, 3600 Seeley, Bellingham, stated protect Lake Whatcom. She
supports protecting future generations. Evaluate and review it seven times before taking
action.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WCC 12.24, FRANCHISE REQUIREMENTS (AB2008-
077)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance.
Motion carried unanimously.
Whatcom County Council, 2/26/2008, Page 8
1 2. ORDINANCE (INTERIM) RELATING TO TRANSPORTATION CONCURRENCY
2 MANAGEMENT (AB2008 -091)
3
4 Weimer opened the public hearing and, hearing no one, closed the public hearing.
5
6 Caskey- Schreiber moved to adopt the ordinance.
7
8 Crawford stated they don't need an interim ordinance while they work on a final
9 ordinance. They have had problems with the interim ordinance in the past.
10
11 Brenner stated she agrees with Councilmember Crawford. She initially supported the
12 interim because she was told there would be something substantial in six months. There
13 isn't anything substantial. It's not necessary to have an ordinance for the sake of having an
14 ordinance. It's now been a couple of years beyond the six months.
15
16 Motion carried 4 -3 with Nelson, Crawford, and Brenner opposed.
17
18
19 CONSENT AGENDA
20
21 Nelson reported for the Finance and Administrative Services Committee and moved
22 to approve Consent Agenda items one through five. Item six comes forward with no
23 recommendation from the committee.
24
25 Caskey- Schreiber stated they should update and better - prioritize the Comprehensive
26 Economic Development Strategy (CEDS) list at some point.
27
28 Brenner withdrew item one.
29
30 Motion to approve Consent Agenda items two through five carried
31 unanimously.
32
33 1. RESOLUTION UPDATING THE 2006 AMENDED APPENDIX OF THE 2002
34 WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
35 (CEDS) (AB2008 -099)
36
37 Nelson moved to approve the resolution.
38
39 Brenner asked how often the Council can amend the list.
40
41 Crawford stated it can be amended at any time.
42
43 Dewey Desler, Deputy Administrator, stated the County Council normally approves
44 this once every two years. The Council can adjust the list later on, based on new
45 information.
46
47 Crawford stated the dollar amount for the library is a very old dollar amount. He
48 questions whether the City of Bellingham spent much time on the list. It may be worth
49 going to the City to find out if they really looked at the list. Desler stated the Council can
50 ask for more comments from the City Council.
51
52 Caskey- Schreiber moved to hold in Finance Committee until March 25, 2008.
53
Whatcom County Council, 2/26/2008, Page 9
1 Motion to hold in committee carried unanimously.
2
3 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
4 CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FESTIVAL
5 OF MUSIC IN SUPPORT OF TOURISM IN THE AMOUNT OF $15,000 (AB2008-
6 100)
7
8 3. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #07 -124 TO LOW
9 BIDDER VALLEY FREIGHTLINER FOR THE PURCHASE OF A SINGLE AXLE
10 DIESEL HYBRID CREW CAB TRUCK IN THE AMOUNT OF $194,875.02
11 (AB2008 -101)
12
13 4. APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT
14 WITH PICTOMETRY INTERNATIONAL CORPORATION FOR THE PROVISION
15 OF UPDATED ORTHOGONAL AND OBLIQUE DIGITAL AERIAL IMAGES OF
16 WESTERN WHATCOM COUNTY IN THE AMOUNT OF $128,190.60 (AB2008-
17 102)
18
19 S. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #07 -24 TO
20 ADVANCED INTERACTIVE SYSTEMS FOR THE PURCHASE OF A FIREARMS
21 TRAINING SIMULATOR IN THE AMOUNT OF $57,452.00 (AB2008 -103)
22
23 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER IN TO A
24 CONTRACT BETWEEN WHATCOM COUNTY AND CONSERVATION NORTHWEST
25 FOR THE LEGACY PROJECT IN THE AMOUNT OF $55,000.00 (AB2008 -104)
26
27 Nelson reported for the Finance and Administrative Services Committee and moved
28 to approve the request.
29
30 Brenner moved to hold in committee for two weeks in order to get more
31 information.
32
33 (Clerk's Note: End of tape one, side 8.)
34
35 Brenner continued to state that she was told that it's not pure science if done by any
36 groups with a special focus. She's not sure it's pure science.
37
38 Caskey- Schreiber stated she is against the motion to hold in committee. The Council
39 has discussed this project for a long time. It's time to move on for the sake of people who
40 have invested a lot of time into the project. She doesn't want to rehash all the issues and
41 perspectives if possible.
42
43 Brenner stated that if she doesn't find anything substantive, she will vote for or
44 against the item. She won't rehash anything.
45
46 Motion to hold in committee failed 2 -5 with Brenner and Nelson in favor.
47
48 Nelson asked if Councilmember Kelly, who used to serve on the board for the
49 contractor, has an appearance of fairness issue.
50
51 Karen Frakes, Prosecutor's Office, stated that as long as Councilmember Kelly isn't
52 financially benefiting from the contract, there isn't a problem.
53
Whatcom County Council, 2/26/2008, Page 10
Brenner stated she is against the contract. It's one of the most controversial issues
that they deal with. It must have a very objective third -party overview. Conservation
Northwest has been very politically active. With political activism possibly comes less
objectivity. The more they can do to alleviate polarization, the better. This is the kind of
thing that should be done through Planning Department staff, as the past visioning project
was done. The County should have this kind of database anyway. She asked where the
recommendation for this came from.
Dewey Desler, Deputy Administrator, stated the recommendation came From the
administration as part of the 2007/2008 Budget proposal. During the budget process, the
County Council initially rejected the project. The Council reconsidered and approved
$35,000 for 2007 and $35,000 for 2008. It originally came forward in November.
Caskey- Schreiber stated it's unfortunate that Councilmember Brenner keeps mis-
characterizing Conservation Northwest. Councilmember Brenner is accusing them of
breaking the law. It is not a political action group. It is a conservation non - profit entity
that is not allowed to engage in any political activity. This originally started a long time
ago. Roger Van Dyken represented Concerned Christian Citizens. That's where this idea
evolved from. Mr. Van Dyken was visionary in trying to figure out what this community
values and whether there is a way to figure that out. She hopes that information will help
policy makers make better decisions. That's what this is about. It's a temperature of the
community's values and information about the county's biodiversity. It's just information.
The County Council has the power. Nothing will result from this. She doesn't understand
why this is so threatening to so many people. It's a grassroots outreach effort from
citizens. Sometimes it's healthier for government to not be involved. The individuals
brought together are diverse, which is a benefit. The Council will have a hand in designing
the community survey. When the Council does its next Comprehensive Plan update, the.
results may or may not influence councilmembers. It's great that this comes from a
grassroots effort, not the government.
Brenner stated she never said Conservation Northwest was a political action
committee. She is not calling them dishonest. Don't make the issues personal. This is
what happens with a polarizing issue.
Crawford stated he is against the contract. It's a waste of tax dollars. It's not
necessary. It's inappropriate and wrong in every way.
Nelson stated he is against the contract. The angst displayed tonight should be a
warning of what will happen with the public. They are mistaken if they think that this will
make the public feel good. They are talking about putting money into an angst - filled
process. The idea of the contract is not a bad idea. He's not afraid of information.
However, how they gather the information can create problems in the community. They
have no idea what the issues will be in 100 years. They may think they can plan for the
future, but they can't. There has to be a gradual and sustained process with an involved
community and a trusted government, not suspect interest groups.
Weimer stated he is in favor of this contract. Through this process, the biodiversity
map will put a lot of information in one place where County planners can use it. That's
enough of a reason to vote for the contract. He doesn't have any angst at all. Government
rarely takes a risk to push forward a vision. The citizens are coming to the County Council
trying to push something forward. That's usually how things get better in a community.
When this came up the first time, the Council raised lots of concerns. The steering
Whatcom County Council, 2/26/2008, Page 11
committee allowed Dick Gilda to serve on the committee. Recently, Mr. Gilda said he
supports this effort. That's a very diverse group of people who are in favor of this contract.
Fleetwood stated Councilmembers Nelson and Crawford suggest that there is
something inappropriate about doing things that try to achieve this vision they all have.
The notion of a sustainable Whatcom County with natural resources and rural character is
something that is expressed in State law, the County Comprehensive Plan, the 1992
visioning statement, and other places. It's something that is immensely difficult to achieve
in the face of inordinate growth. This tool will inform future Councils dramatically. The
effort is worthwhile if it increases the likelihood that it will forward that vision for the
county. This is a good thing.
Weimer stated there is a substitute version of the contract, handed out during the
Finance Committee.
Motion to approve the substitute contract carried 4 -3 with Nelson, Brenner,
and Crawford opposed.
OTHER ITEMS
1. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #4 IN THE
AMOUNT OF $2,323,460 (AB2008 -090)
Nelson reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Motion carried unanimously.
2. RESOLUTION TO CONSIDER VACATION OF A PORTION OF WILLOW STREET
IN BIRCH BAY (AB2008 -105)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution. This is a little piece of land that connects two roads in Birch Bay.
Birch Bay is growing. Even if this portion of Willow Street never becomes a road, she
doesn't like giving up public access that could become a bike path or trail. They will find out
more when staff presents its information.
Motion carried unanimously.
3. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS
APPOINTMENT OF WENDY ROBINSON TO THE WHATCOM COUNTY
DEVELOPMENTAL DISABILITIES BOARD (AB2008 -106)
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
4. RESOLUTION ADOPTING THE PHASE III REVISION OF THE WHATCOM
COUNTY 10 -YEAR HOUSING PLAN FOR PREVENTING AND ENDING
HOMELESSNESS (AB2008 -107)
Whatcom County Council, 2/26/2008, Page 12
Gary Williams, Health Department, gave a staff report and stated this is ongoing
review of the County Homeless Plan, first adopted in 2005. He described the changes to the
plan. The plan is revised, updated, and identifies new goals. If there are future funding
requests, they will know the priorities. The State received the plan well. This County is
truly committed to ending homelessness.
Brenner stated Mr. Williams is a wealth of information. He will retire soon.
Brenner moved to approve the resolution.
Motion carried unanimously.
5. ORDINANCE AMENDING WCC 20.92,
ORAL ARGUMENT, TIME EXTENSION,
COUNTY COUNCIL (AB2008 -060)
Crawford moved to adopt the ordinance.
Motion carried unanimously.
INTRODUCTION ITEMS
REGARDING WRITTEN ARGUMENT,
AND TRANSCRIPTS FOR APPEALS TO
Brenner moved to accept the Introduction Items, including the substitute ordinance
for Introduction Item two.
Motion carried unanimously.
1. ORDINANCE REGARDING THE TEMPORARY INSTALLATION OF STOP SIGNS
ON BAKER LAKE ROAD AT BOTH ENDS OF THE SULPHUR CREEK BRIDGE
#422; CRP #908013 (AB2008 -095)
2. ORDINANCE (INTERIM) REGARDING THE UR AND URM ZONING DISTRICTS
IN THE BELLINGHAM URBAN GROWTH AREA RELATING TO DENSITY, LOT
CLUSTERING, AND RESERVE TRACTS (AB2008 -108)
3. ORDINANCE FOR PROJECT -BASED BUDGET REQUEST NO. 2008 -02 FOR
COUNTY ROAD PROJECT 905014, REPLACEMENT OF THE WHATCOM CHIEF
(AB2008 -109)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTER
20.71, 20.80.635, AND 20.80.735, ON AN INTERIM BASIS, TO ADD LAKE
PADDEN AS A WATER RESOURCE PROTECTION OVERLAY DISTRICT,
STORMWATER SPECIAL DISTRICT, AND WATER RESOURCE SPECIAL
MANAGEMENT AREA (AB2008 -094)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY
RATES, AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE
SCHEDULE (AB2008 -085A)
OTHER BUSINESS
Whatcom County Council, 2/26/2008, Page 13
DISCUSSION WITH PUBLIC WORKS DIRECTOR FRANK ABART AND DEPUTY
ADMINISTRATOR DEWEY DESLER REGARDING ROAD FUND AND CAPITAL PROJECT
REVIEW (AB2008 -097)
Nelson reported for the Finance and Administrative Services Committee.
Councilmembers should look at long -term impacts on County funds. At this time, they are
looking at a $38 million deficit by 2013. There are things the County can do to offset a
potential deficit. The administration asks the Council to look at alternatives and additional
funding mechanisms. This item is held in committee for two weeks.
Dewey Desler, Deputy Administrator, stated a Council work session on this item
would be useful.
Caskey- Schreiber stated the Public Works Committee or Committee of the Whole
should address the issue. She hasn't heard about this at all.
DISCUSSION WITH DEPUTY ADMINISTRATOR DEWEY DESLER REGARDING
LOBBYING PRIORITIES IN PREPARATION FOR THE UPCOMING NACO LEGISLATIVE
CONFERENCE IN WASHINGTON, DC (AB2008 -096)
Nelson reported for the Finance and Administrative Services Committee. The
administration provided a summary of issues that the administration will work on at the
upcoming conference. The issues are: protecting Lake Whatcom, impacts from the 2010
Olympics, the East County Resource Center, Swift Creek, rapid border prosecution, and
multi - jurisdictional data integration project.
Caskey- Schreiber stated everything seems fine. She's concerned that the
administration is asking for $22.5 million for a six -week event, but is asking for $700,000
for the Swift Creek issue, which will last for over a hundred years. That seems lopsided.
Dewey Desler, Deputy Administrator, stated the estimate a year ago was $65
million. The federal government told the County to bring back something that results in a
more deliberate management plan. That's what this issue is about. The $700,000 is for the
County's negotiation with federal authorities on how to address Swift Creek. The federal
government is obligated to address the major landslide. This will not be the end of the
issue. A number of federal agencies will be involved.
The administration asks the Council to approve these issues in advance of the
conference. There are applications prepared for each Congressional member that serves
this area.
Crawford moved to accept and recommend the list as presented by the
administration.
Fleetwood stated lobbying the Congressional members is always worthwhile.
However, they never get more than $2 million to $4 million in a year. It's not likely that the
County will receive $22.5 million for the 2010 Olympics. Desler stated the administration
has worked on the 2010 Olympic issue for some time. They've been told that the federal
administration is interested in responding to impacts that will occur to this community. The
Executive has talked to members of the White House staff.
Pete Kremen, County Executive, stated this request was not put together by the
administration. It was put together in concert with all law enforcement agencies in the
Whatcom County Council, 2/26/2008, Page 14
1 community, including the State, federal, and local agencies. He's also worked with officials
2 from the Department of Homeland Security, who support the County's request. They
3 believe the request is necessary. He received tepid support from the White House. He is
4 still working with the White House, Congressional delegation, and other Congress members
5 from Washington State. He's met with almost all of them.
6
7 This is a pared down request for a temporary regional command center during the
8 Olympics. The bulk of the cost is in the equipment. Homeland Security estimates that they
9 need 40 stations in the command center. This isn't just about terrorism. It's for
10 interoperability. About $11 million is appropriated for the cost of interoperability and
11 emergency communications. They need these things for well beyond the Olympics. He
12 hopes the administration and Congress will support these requests. The requests are from
13 different pots of money than in the past. Also, an Olympic event doesn't occur every year.
14 It happens seldom. This money will secure readiness for any kind of emergency.
15
16 Caskey- Schreiber stated the President's proposed 2009 budget includes drastic cuts
17 to Justice and Homeland Security, including a 70 percent cut to the State Homeland
18 Security grant program. However, it adds $50 million toward a public safety interoperable
19 communications grant program. There is a small hope. They should maybe ask for one
20 thing that's really important instead of asking for everything. Kremen stated this is the
21 pared down request. He's talked with Homeland Security officials and local emergency
22 responders, who are unhappy that the administration isn't asking for more money. The $22
23 million is what they collectively feel is necessary for the Olympics. It has to be up and
24 running by August 2009. This is phase one of the total request. They eliminated phase
25 two, the bulk of the request. He has been led to believe that these are reasonable requests
26 that can be supported. It remains to be seen whether there is the financial wherewithal to
27 accommodate the requests. It's incumbent upon the County to make the request. If they
28 don't get it all, then they at least tried. It's not an inflated request.
29
30 Weimer stated the money would come from different pots. He'd hoped Swift Creek
31 and Lake Whatcom would be higher priorities.
32
33 Kelly stated it doesn't work that way. Nothing ventured, nothing gained. They are
34 separate pots of money. They are never asked to compromise one issue against another
35 because the funding comes from different pots of money with different people in control of
36 those pots. Oftentimes, the President will make large budget cuts based on information
37 that a powerful person from the delegation will replace the money. The President will make
38 a 70 percent cut knowing full well that the funding will be replaced. He's cutting the budget
39 trying to be fiscally responsible. The pressure is put on the delegation to replace the
40 money.
41
42 Regarding Swift Creek, the issue may not yet be ripe. The money being asked for is
43 seed money that is well spent. With federal appropriations, they have to have something
44 like a business plan. The $700,000 will help them leverage the larger pot of money in the
45 future.
46
47 He's never seen a situation when someone is asked to choose between needs and
48 projects. Try for all of them in hopes of getting one.
49
50 Caskey- Schreiber stated Maria Cantwell's staff has told her they can't steer federal
51 dollars to capital buildings. However, they do fund community health centers. Show the
52 connection as an East County health center. Desler stated there are two anchor tenants of
53 the East County facility. One tenant is the Head Start program, which has a lot of federal
Whatcom County Council, 2/26/2008, Page 15
support. The other anchor tenant is the Interfaith Clinic, which also has access to federal
funds.
Every community with an Olympic games in the past few decades has received
significant federal support. The largest source of people will come through Bellingham and
Blaine. Salt Lake City is further away from Park City in the last winter games, and it
received $739 million to respond to the impact of the games. They are asking for $22
million to deal with safety and security issues they can use for years to come.
Kremen stated the President's recommended budget has been slashed. The
Democrats call it a parting shot. It is emaciated. This is a presidential election year. A lot
of politics are going on in Washington D.C. They have to be persistent. It usually takes
three or four requests before an appropriation is granted. He will do the best he can to
bring back as many resources as possible. He may not be successful in most cases. He will
make every effort to get funds necessary for these items.
Nelson stated he proposes adding his healthcare issues to the list of issues.
Brenner moved to add the Councilmember Nelson's healthcare issues.
Nelson stated his issues are the same as before. He will talk about supporting the
Elder Justice Act regarding elder abuse and crimes against older Americans. He will also
talk about a new issue regarding Title 19, Medicaid dollars. They are implementing a new
case management rule. Eligibility assessments will be separated from the patient. Finally,
he will talk about Medicare reimbursement rates. The Children's Health Improvement Plan
for States and funding for community healthcare centers are also issues.
Crawford accepted the list of healthcare items as a friendly amendment to his
motion to approve the list of items.
Motion carried unanimously.
Brenner stated the Council received an email regarding a bill being discussed about
ferries. Write a letter of support to go with the Bill, saying Whatcom County ferries will be
treated the same way as the other State - funded ferries.
(Clerk's Note: End of tape two, side A.)
Caskey- Schreiber stated Councilmember Brenner should bring forward a letter that's
already written.
Crawford stated the email is written to do a study on how the State ferry fares
impact local governments. He asked how this is applicable to Whatcom County. Whatcom
County doesn't have a State ferry.
Brenner stated they're trying to achieve parity so counties with State ferries won't
continue to get gouged by fare increases. Whatcom County has a similar problem, even
though it's not a State ferry. Whatcom County receives State funding. She was told that
the reason docks have to be in the operating expense equation was because Whatcom
County would not be eligible for State funding if it didn't. Whatcom County is indirectly part
of the same equation.
Whatcom County Council, 2/26/2008, Page 16
1 Crawford stated he disagrees. Whatcom County runs its own ferry and controls its
2 own fares.
3
4 Brenner stated a huge chunk of the money comes from the State.
5
6 Weimer stated he can't support a letter until he sees it. Another part of the bill was
7 to freeze fares until the study was done. If they freeze State ferry fares, they should make
8 sure that the pot of money the County receives for its ferry is somehow the same.
9
10 Brenner stated she will write a letter and bring it forward.
11
12
13 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
14
15 Crawford stated he appreciates the Council being willing to introduce his ordinance
16 on ferry fares. The County is currently losing about $500 to $1,000 per day, every day of
17 the year. It's time they do something about that.
18
19 Caskey- Schreiber stated she would like to look at that issue the same day they look
20 at the road fund priority list and road fund deficit.
21
22 Weimer stated they need to find a solution. He would like the specific information
23 they asked for previously. He won't vote for anything until he gets that information.
24
25
26 ADJOURN
27
28 Th meeting adjourned at 9:29 p.m.
36-- ._ .
31 �F
32 Jill Nixon, Minutes Transcription
33
34 -fh. �Qjj6Q approved these minutes on March 11 , 2008.
36 ATZNT Y� CO
'ON 00
37 0 14 HA e
38 O� �' •
39 • 0
N $.
40 •� R
�.
41 4• _,�
42 B.ana`(MOwm aDali& Cound Clerk
1111 /1N���
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
C�
Carl W eimer, Council Chair
Whatcom County Council, 2/26/2008, Page 17