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HomeMy WebLinkAboutCouncil May 20 2008WHATCOM COUNTY COUNCIL Regular County Council May 20, 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: Absent: Barbara Brenner None Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey- Schreiber L. Ward Nelson ANNOIINCEMENTS Weimer announced there was discussion and negotiations update on expired collective bargaining agreements (AS2008 -121) and discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2008 -018) in executive session during the Committee of the Whole meeting. OPEN SESSION The following people spoke: Dennis Jones, 1487 Sudden Valley, stated he has now taken a side on watershed issues and is no longer taking a mediator position. He announced his position during the Council's Planning Committee meeting. Tonight, he is looking for a champion to champion an ordinance. It's not about what they haven't built in the watershed. It's about what is already there and polluting the lake. The primary problem is phosphorus-i nd uced 'algae by nutrients from development. He would like to have a moratorium until funding is in place for the Lake Whatcom Management Plan. Create an ordinance that requires properties be brought up to code before transfer of title and before occupancy is allowed. Force people to develop correctly, or don't allow development at all. Robin Welch, 31 Boundary Court, Birch Bay, stated she operates a shave ice business in Birch Bay. She is being told that she can't work in the county because she's a mobile unit. However, all her permits and licenses were obtained through the State. She would like her business to be ready to operate by this summer in the Birch Bay area. Several places have offered to let her rent, but she's been told that she's not allowed on those properties because she's a mobile unit, even though she can pull in and out every day. Brenner asked if she was told she can't operate her business because she's mobile. Welch stated that's correct. The Planning Department issued a citation of eviction because as a mobile unit, she was not permitted in the county. Crawford said it sounds like a zoning issue. Welch stated the zone is Resort Commercial. She was told she needed a public market permit. She went through that Whatcom County Council, 5/20/2008, Page 1 process with the County, but then she was told they are totally outlawed in the county. She was told she can go under a tent, out of her trailer, and be okay. Weimer stated the Council will send Ms. Welch's letter to the Planning Department to get some answers. Christina McGuiness, City of Bellingham Lake Whatcom Watershed Advisory Board Chair, stated she sent an email to the Council regarding level of service of funding for the coordinated water resource integration project priority list. She read from her letter (on file). The Watershed Advisory Board supports funding at level of service four at a minimum. The highest priority is to acquire land and easements Tom Anderson, 1744 Sapphire Trail, Bellingham, stated he compliments the Council for requesting money of the administration for level of service of funding for the coordinated water resource integration project. He strongly supports a level of service four or higher. The ranking process has a lot to be desired. The ranking process makes the historical plans not work because only certain pieces of a plan will get funded. It also overlooks the need to have consistent long -term monitoring data. The County gathers that information. Historically, individual plans have included monitoring for a limited about of time, but not ongoing. It is important that the Council be much more specific to the administration about what it wants from the administration. Ask for more than just dollars. Carol McDonald, 8174 Mt. Baker Highway, stated she thanks the Council and administration for the East County Resource Center. The Council is invited to a community meeting at Kendall School tomorrow night to discuss parts of the subarea plan regarding economic development. When the time comes, approve the subarea plan as presented by the committee. Keep the urban growth area (UGA) in place. Not much has changed since it was developed. Linda Dorset, 9221 Frost Creek Road, Maple Falls, stated she thanks the Council for its work in her community. There are many projects going on the Kendall area. They have a phenomenal group of volunteers. There has been a lot of misinformation regarding the UGA. The meeting tomorrow night is to get accurate information out to the public; and then solicit opinions. They are trying to get cell phone and high speed internet service to the area. The library, resource center, and visitor center projects are going forward. They need a grocery store. Skip Richards, 336 - 36th Street, Bellingham, stated there is a relationship between the coordinated water resource integration project ( CWRIP) and the 2005 Watershed Management Plan. The ranking system is fatally flawed. For instance, an element of one plan could be prioritized higher than the plan itself. They need to redo the ranking. The public process was far to little and far to late. The jurisdictional conflict between the Watershed Plan and the CWRIP is the biggest issue. The scope of the plans conflict. Some of the things in the CWRIP should fall under the Watershed Management Plan. CWRIP should fall under the watershed planning process. The Planning Unit remains the only broad -based water resources stakeholder group with a level playing field that has ever succeeded in producing anything. It isn't necessary to create any more advisory Whatcom County Council, 5/20/2008, Page 2 committees. Staff should be required to review the watershed plan. The Council should have a report on how these things can work better. Mary Dickinson, Building Industry Association Governmental Affairs Director, stated she is a member of the Land Development Caucus for the water resource inventory area (WRIA) 1 project. The WRIA program has not been implemented. She asked why a separate list was created and how the ranking system was created. The WRIA Planning Unit was not given the opportunity to review the list. They don't know how these items got ranked or rated. There are no identified costs. The processes are duplicative. The general public might not know these items are being adopted. The Land Development Caucus does not believe the project list is economically feasible or sustainable. She asked what campsites at Semiahmoo have to do with water. Law requires a nexus between fees and projects. There should be more public involvement and input before this is adopted. Jim Dickinson, Lummi Island Land Company President, stated he submitted a letter to the Council about project #124, investment in a Village Point development right, is in the water plan. Village Point on Lummi Island is his property. He asked why there is a project to buy those development rights and put in a boat launch ramp. He was not contacted. No one knows anything about it. It would increase water pollution. When things like this are published, people think that such a project is a done deal. His property is then overwhelmed with trespassers and vandals. His property shows up in tour guides and lists of hiking trails. The beach is very unstable. They couldn't keep a boat launch ramp there. The tide is about five knots on both ebb and flow tides. Remove this project from the water plan. He asked why was it ever written there. Brenner asked if this was asked to be removed a few years ago. Dickinson stated they had asked that the Inati Bay park acquisition, Lover's Bluff, and Lummi Mountain trails be removed. This is the first he's ever seen of this project. Crawford stated the language indicates that the project is 50 percent funded already. Johnny Grames, 1506 East Maplewood Avenue, stated he publicly apologizes to councilmembers. His issue of putting people in jail is a big issue nationally and internationally. He used to lead 800 fathers regarding family law, and the local jurisdiction tried to put him in a mental hospital. Six or seven other times, he was falsely arrested and imprisoned while trying to expose what goes on in government. Judge Snyder wrote a letter to the newspaper editor about mental hospitals and jails, which he has a right to do as a citizen, not as a judge. Bob Wiesen, 3314 Douglas Road, Ferndale, stated he has a problem with the coordinated water resource integration project priority list. The top priority should be stormwater treatment that is already causing the problem, not buying land in the watershed. The list should be divided into categories such as Lake Whatcom, WRIA 1, stormwater, and recreation. Have a lot of citizens can help prioritize those projects in those categories. Some of the projects would benefit more than one category, such as consistent monitoring. Two things critical to the WRIA process have not yet been done. One is consistent monitoring to build a database, and the other is setting targets for instream flow. He asked how many parks they need in Point Roberts. Roger Ellingson, 3033 Alderwood Avenue, Bellingham, stated funding for Lake Whatcom restoration projects, not all water resource projects, is the highest priority. Make a distinction between the two. Whatcom County Council, 5/20/2008, Page 3 Based on his review of the level of service funding option, the flood zone sub - district is the most suitable funding mechanism for the County's needs. Funds from that mechanism must be dedicated to Lake Whatcom only. Anyone who pays into the district will see that the funds go to a clear, highly - prioritized, necessary series of projects. The new subdistricts should include all consumers of Lake Whatcom water and all residents in the watershed. The fee structure should have two tiers. One fee should be for water consumers. A higher fee would be on those residents living in the watershed. Divide the flood zone into two districts, including a Lake Whatcom district and a greater Whatcom County district. David McCloud, 2123 C Street, Bellingham, stated he was part of a group that drafted the City of Bellingham's Peak Oil Task Force resolution. The peaking of world oil presents a risk management problem. Prices will increase dramatically. He referenced a 2005 risk management report commissioned by the U.S. Department of Energy. Oil is finite and subject to depletion. Decline in production rates will continue indefinitely. There will be dramatic impacts in daily activities. They can no longer assume energy costs will incur moderate increases. The Task Force will face the challenges of local uncertainties. Michael Guerin, 4058 Birch Bay Lynden Road, stated his neighbors at 4052 Birch Bay Lynden Road have a conditional use permit in the works. It is supposed to be a church. They have moved six cargo containers onto the property and cut the sides out. Children are playing on top of them, and it's unsafe. They are using those buildings as a commercial kitchen to service the people coming to the temple. Three or four semi - trucks arrive per day. That's 120 trucks on their shared private road per month. He's spent $5,000 to $10,000 redoing the road in the last two years. They have outhouses and unpermitted buildings. Trucks are running all night. He has been subject to profanity and told that they have a right to keep the trucks running all night. This is a rural farm area and the building is an agricultural building. He needs help. Get with the Planning Department to make sure that their buildings and operations are safe. He's planted trees according to code to fence the view. Brenner asked why he can't plant trees more than five feet tall. Guerin stated it's an ordinance to keep the road view clear. It is an ordinance. He's talked with compliance officers, and knows he's in compliance. Caskey- Schreiber asked if Mr. Guerin has filed a complaint with the Planning Department. Guerin stated he's complained 17 times to the County Planning Department, and 18 times to the County Sheriff for noise compliance. Nothing has been done. He's waiting for one compliance officer to return to work and take care of the issue. He's not trying to engage in hate crimes or racism. It's a compliance. He welcomes a temple, but he doesn't want to see container buildings. He doesn't want his property value to go down. Help them build a good place to worship. Brenner asked that she be kept informed about the status of this issue. David Dickinson, 4100 Legoe Bay Road, Lummi Island, stated a number of projects listed on the coordinated water resource integration project priority list have absolutely nothing to do with water quality and are not relevant. The public is going to eventually be asked to pay for this. Weed out the irrelevant projects. MaryAnn Armstrong, resident, stated she supports the Energy Resource Scarcity Task Force resolution. The Council's influence on global energy policy is minute. However, Whatcom County Council, 5/20/2008, Page 4 the Council has immense influence on how this community reacts and adapts to the effects of a global energy policy. Dave Pros, 1466 Roy Road, stated he thanks Councilmember Nelson for starting the Healthy Communities forums. It's nice to have input from the community. The Planning Commission worked a lot on transfers of development rights (TDR's). Nothing seems to work in that category. TDR's don't seem to be a viable option. (Clerk's Note: End of tape one, side A.) Pros continued to state that people in Aspen, Colorado enthusiastically wait for a TDR to become available. In Aspen, TDR's sell for more than $300,000. Set up a citizen commission to give the Council input on how to generate a TDR system that works. Larry Helm, Water Resource Inventory Area (WRIA) 1 Water Association Caucus Member, stated it's disturbing that staff came up with a list of projects, but has not interfaced with WRIA at all. The WRIA process should have done more aquifer studies to develop a better baseline of data on the available water resources. The computer models from Utah State University aren't good. Now they're starting a new, expensive project that doesn't have supporting data. The actual costs for levels of service aren't realistic. Do not approve any of this until there has been more staff work, public involvement, and input from people who have been working on water resources for the last five years. Gary Lysne, 2472 North Shore Road, stated he agrees with Mr. Anderson, Mr. Richards, Mr. Wiesen, and Mr. Helm. Everyone wants clean water. Runoff is the most important thing to address. However, the priority set was land acquisition. The County needs to be honest with the community about the true cost of that level of service. The land acquisition will cost over $1 billion, not $9 million to $14 million. Their selection process has been suspect. The county has $50 million in cash reserves in the County budget. Don't go after citizen taxes. PUBLIC HEARINGS 1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008 -06 (AB2008 -138A) Weimer opened the public hearing and the following people spoke: Josh McKissick, Nooksack, stated he lives on the same block, and his property adjoins the back side of these two lots. He will speak once for both public hearings. The City of Nooksack wanted to purchase the lots from the County with the intention that no one would be able to build a house on the lots on them because of wetlands. He would like to purchase those for himself. It would not be a good use of taxpayer money to use City funds to purchase those lots, when the City doesn't intend to do anything with them other than to prevent someone from building. Also, there is no public access to the lots, other than to go through wetland mitigation. The alleys on each end have been vacated. The properties are land locked, except through his property. It would benefit him more than the City. Whatcom County Council, 5/20/2008, Page 5 1 2 He would like to enlarge his property. There is no access to the lots, so someone 3 cannot put a driveway through to the lot. It would be a bigger back yard. 4 5 Rollin Harper, Sehome Planning and City of Nooksack, stated he asked the Council 6 to not take action on this item a month ago. Do not approve the resolution in the Council 7 packet. Instead, approve an alternate resolution and sell these properties to the City of 8 Nooksack through a negotiated sale. The two tax title properties are inaccessible. They're 9 occupied by a category two wetland. It is a buffer area. If someone other than Mr. 10 McKissick were to be the successful bidder on these properties, the person may try to force 11 a development through the reasonable use exception and shoreline variances, with no 12 possibility for mitigation on these unbuildable lots. The City is willing to enter into a 13 negotiated sale to buy these properties. It is legal for the County to sell the lots to the City 14 through a negotiated sale. 15 16 Crawford stated he would usually defer to the City's wishes on these kinds of things. 17 It's within the City's limits. He asked if the City would limit access for Mr. McKissick. Given 18 the sensitive areas, these lots are undevelopable. Harper stated Mr. Mckissick could walk in 19 the area, his kids could play back there, and he could use it as open space. The City has no 20 intention of opening up the lots for public access. However, if Mr. McKissick purchased the 21 lot, the City could not prohibit Mr. McKissick from selling the property. They'd be back in 22 the same situation. These lots were up for public auction seven years ago. The reason they 23 are before the Council again is because someone from out of the area put down $100, sight 24 unseen, stating their intention to purchase, build, or sell the lots. The City doesn't want to 25 be in the position of a possible takings litigation. 26 27 Hearing no one else, Weimer closed the public hearing. 28 29 Brenner asked if covenants could be put on the property so it can't be developed. 30 When Mr. McKissick sells his property, it could sell as one lot. It saves the City money, and 31 Mr. McKissick has his back yard. 32 33 Steve Oliver, County Treasurer, stated the County does not own this property, so 34 there could be an issue of the County's ability to require covenants. They've never 35 addressed that specific question relative to a tax title property. 36 37 Crawford moved to approve the substitute resolution. 38 39 (Clerk's Note: See the discussion of Other Item #2 for an amendment to this item.) 40 41 2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. 42 #TR2008 -07 (AB2008 -139A) 43 44 Weimer opened the public hearing and the following people spoke: 45 46 Josh McKissick, Nooksack, stated he doesn't have any intention to build on the 47 property. He would like more area than the city lot he has. He wants more area for his 48 children to play. He has no problem with a stipulation that nothing could be built on the 49 property. He's just looking for more area. If the City owns the property, he doesn't have 50 any right to ask someone to leave the property if they're on it. It's an issue of ownership. 51 If the property is his, he can control who uses the land and who doesn't. 52 Whatcom County Council, 5/20/2008, Page 6 1 Rollin Harper, Sehome Planning and City of Nooksack, stated that if not negotiated, 2 the property would go to public auction. There is no guarantee that Mr. McKissick would win 3 the bid. That uncertainty could put the City in a difficult position. 4 5 It may be possible that the City of Nooksack could purchase the property through 6 the negotiation, attach conditions to the property, and then try to surplus the property with 7 the same kind of outcome. He has not explored that option. 8 9 Hearing no one else, Weimer closed the public hearing. 10 11 Brenner stated this is a question worth exploring. If the City could surplus the 12 property with conditions, everyone wins. 13 14 Crawford moved to approved the substitute resolutions for AB2008 -138A and 15 AB2008 -139A. 16 17 Caskey- Schreiber stated she will support the motion. She believes Mr. McKissick's 18 interests are honest. However, the County traditionally defers to a jurisdiction when it has 19 a special interest in something. If the City of Nooksack acquires the property and has the 20 ability to remove the development rights, it may be able to sell it at that time. It will work 21 out in the end. 22 23 Brenner stated that the County would save the City of Nooksack money if the County 24 looks into this option. At the very least, it might be a way to save everybody money. She 25 is opposed to the motion. 26 27 Nelson suggested a friendly amendment to the first page of both resolutions, 28 "Whereas, the Whatcom County Council recommends the Whatcom County Treasurer enter 29 into negotiations with the City of Nooksack;.. and that the City of Nooksack 'work.. with the 30 adjacent ,property owner, Josh_ McKissick on a covenant or lot consolidation; and," These 31 are resolutions and have no force of law, but it states the Council's intent. 32 33 Crawford accepted the friendly amendment for both resolutions. 34 35 Brenner stated she withdraws her objections. 36 37 (Clerk's Note: The Council voted on this item later.) 38 39 1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. 40 #TR2008 -06 (AB2008 -138A) 41 42 (Clerk's Note: See the discussion of Other Item #2 for the motion to amend and 43 approve this substitute resolution.) 44 45 Motion to approve the substitute resolution with one amendment carried 46 unanimously. 47 48 2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. 49 #TR2008 -07 (AB2008 -139A) 50 51 (Clerk's Note: See the earlier discussion of Other Item #2 for the motion to amend 52 and approve this substitute resolution.) 53 Whatcom County Council, 5/20/2008, Page 7 Motion to approve the substitute resolution with one amendment carried unanimously. 3. ORDINANCE TEMPORARILY REMOVING THE LOT CLUSTERING PROVISION FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2008 -189) Weimer opened the public hearing and the following people spoke: Dennis Jones, 1487 Sudden Valley, stated approve funding for the study of clustering in rural forestry areas. Work on the watershed before it is to late. Clustering in forest areas is a better alternative than a clear cut. Using clustering, people can make a terrace cascade area where water can settle in. They need that money for land acquisition to produce the stormwater systems. Virginia Watson, 2729 Jensen Road, Bellingham, submitted and read from handouts (on file). Do not allow clustering in forest lands. Do not take the Planning Commission recommendation to fund the study. Do not delay in making the ban permanent. She submitted a petition in favor of removing the lot clustering provision in the rural forestry zone. Bob Wiesen, 3314 Douglas Road, Ferndale, stated allow some clustering to more easily manage the remainder lands and to prevent building more roads and other infrastructure. Hearing no one else, Weimer closed the public hearing. Brenner stated they could create conditions in the rural forestry zone about requiring that homes be located closer to the road. She supports logging, but logging roads do the same thing. She used to support clustering, but a cluster becomes a little community. There tend to be more complaints when a group of people is closer to each other than when they are further apart. Forestry management has noise, smells, and other problems associated with it. She is no longer in favor of clustering. Nelson stated the intent of clustering in agricultural lands was originally for family farms and large acreage. The intent was to allow a family to live on the farm on which they work. There aren't family forest practices in the forested areas. One company owns the land, and the land should not be used for development. Many State Department of Natural Resources (DNR) permits require that the logging roads be removed when the practice is done, to protect the natural resource. With clustering, those roads go in permanently. Protect the rural forest lands from nearby urban development. He moved to adopt the ordinance. Brenner stated there is quite a bit small farm forestry in Whatcom County. People are doing sustainable forestry. Caskey- Schreiber stated the Planning and Development Committee supported the Planning Commission and staff recommendation to get an outside consultant to study this issue. She's supported the moratorium, but Mr. Wiesen's points are valid. Within the watershed, they need to know whether clustering or not clustering is more prohibitive. The consultant will also study whether clustering really does protect agricultural lands. Whatcom County Council, 5/20/2008, Page 8 1 Kelly stated the Planning committee recommendation was to have the consultant 2 look into the issue of unintended consequences that may arise with moving forward with 3 this. The recommendation did not lend itself to any position in support of or opposition to 4 converting land into development. He is a member of the Forest Practices Board, which has 5 found that there are unintended consequences from these types of rules. He supports the 6 motion. 7 8 Crawford stated the administration already decided to hire a consultant to review 9 clustering in agricultural areas. They can expand the scope of the contract to include rural 10 forestry. 11 12 Motion carried 6 -1 with Crawford opposed. 13 14 4. ORDINANCE REPEALING WHATCOM COUNTY CODE SECTION 9.04.030, 15 PUBLIC CARDROOMS PROHIBITED — RESTRICTIONS ON SOCIAL CARD 16 GAMES (AB2008 -190) 17 18 Weimer opened the public hearing. 19 20 (Clerk's Note: End of tape one, side B.) 21 22 Hearing no one, Weimer closed the public hearing. 23 24 Brenner said the Prosecutor's Office said there was nothing they could do. INow, 25 this is what she wanted to do in the first place. She is not happy that it took this fellow 26 being ignored as much as he was to figure it out. This is exactly what that fellow asked for, 27 and she was told that the County can't legally do it.. She moved to adopt the ordinance. 28 29 Motion carried unanimously. 30 31 32 CONSENT AGENDA 33 34 Nelson reported for the Finance and Administrative Services Committee and moved 35 to approve Consent Agenda items one through six. 36 37 Motion to approve Consent Agenda items one through six carried 38 unanimously. 39 40 1. REQUEST RATIFICATION OF THE 2008 - 2012 INTERNATIONAL 41 FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 17 42 COLLECTIVE BARGAINING AGREEMENT (AB2008 -121C) 43 44 2. REQUEST APPROVAL TO FUND AND AUTHORIZATION FOR THE EXECUTIVE 45 TO ENTER INTO A CONTRACT WITH THE OPPORTUNITY COUNCIL TO 46 PROVIDE HOUSE CASE MANAGEMENT SERVICES ASSOCIATED WITH THE 47 IMPLEMENTATION OF THE WHATCOM COUNTY HOMELESS SERVICE CENTER 48 IN THE AMOUNT OF $60,535 (AB2008 -205) 49 50 3. REQUEST APPROVAL TO FUND AND AUTHORIZATION FOR THE EXECUTIVE 51 TO ENTER INTO A CONTRACT WITH THE CATHOLIC COMMUNITY SERVICES 52 TO PROVIDE HOUSE CASE MANAGEMENT SERVICES ASSOCIATED WITH THE Whatcom County Council, 5/20/2008, Page 9 IMPLEMENTATION OF THE WHATCOM COUNTY HOMELESS SERVICE CENTER IN THE AMOUNT. OF $54,923 (AB2008 -206) 4. REQUEST APPROVAL TO FUND AND AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH LYDIA PLACE TO PROVIDE HOUSE CASE MANAGEMENT SERVICES ASSOCIATED WITH THE IMPLEMENTATION OF THE WHATCOM COUNTY HOMELESS SERVICE CENTER IN THE AMOUNT OF $52,675 (AB2008 -207) S. REQUEST APPROVAL TO FUND AND AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH NW YOUTH SERVICES TO PROVIDE HOUSE CASE MANAGEMENT SERVICES ASSOCIATED WITH THE IMPLEMENTATION OF THE WHATCOM COUNTY HOMELESS SERVICE CENTER IN THE AMOUNT OF $32,373 (AB2008 -208) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #08 -34 TO LOW BIDDER WILLIAMSON CONSTRUCTION FOR CONSTRUCTION OF A CONCRETE PAD IN THE AMOUNT OF $39,891 (AB2008 -209) OTHER ITEMS 1. REPORT ON COMMITTEE DISCUSSION AND POSSIBLE COUNCIL ACTION ON WATER RESOURCE PROGRAM LEVEL OF SERVICE OPTIONS (AB2008 -201) Weimer reported for the Natural Resources Committee and moved to direct staff to come forward with the option of developing a County stormwater utility, to direct staff to have the administration prepare a budget with a level of service of four and five, which is a budget for water resources in the amount of $3.1 million to $11 million, and to attach the questions from Council Policy Analyst Rebecca Craven. Crawford stated he is against the motion. They are not adopting the funding portion of this item tonight. There are priorities that can shift within the County under the current level of taxation for the people of Whatcom County so they can accommodate the highest priority programs. He is also concerned about being told that he must forward a program to the administration that must also have a request for more money. However, he's willing to look at projects individually and get them done. Brenner stated she is against the motion. They should be allowed to focus on high - priority projects. They are making this so nondescript that it is a black hole. They will never have enough money for everything. Prioritize the things the County needs, and see if there is anything left for the things the County wants. She won't support a raise in taxes or fees at this time. This has become too vague. Deal with water quality and quantity issues first, before anything else. Don't raise taxes. The Council needs to take more ownership in this. She disagrees that residents in the watershed should be charged more because they cause the degradation. Not all residents cause degradation. Plenty of people in the watershed have done things on their property and are creating zero stormwater runoff. A lot of the problem is the public infrastructure, not necessarily private properties. Everyone uses the public infrastructure. The process seems fractured to her. Redo the list by priority. Compile all the Lake Whatcom watershed projects together. Some of the projects are the same. The list isn't ready. Fine -tune the list more than it is. If they approve level of service (LOS) four, staff will still have to work on it. Whatcom County Council, 5120/2008, Page 10 1 Nelson stated there are over 200 items on the list. They have all been before the 2 Council, and many have had extensive public hearings. The Council can go through those 3 items again, which is what this process is all about. They are looking at all the projects 4 together, not separately. This is a process the Council, administration, and staff have gone 5 through for several months. They've worked extensively to get this in a format that 6 includes criteria to develop the program. This is not a water plan. It is a series of plans 7 that people have brought forward that deal with water resources in the county. 8 9 People have come forward with their special projects and asked for funding. There 10 are $280 million worth of projects on the list. Each project on the list is in a program or 11 plan that the Council has approved with public input. The County needs to start supporting 12 those projects. 13 14 He is concerned about the level of service (LOS). He asked the administration's 15 intent for LOS four to five. He and the public don't know what that means, so he can't 16 support it. He was comfortable with LOS three, which addresses the County's legal 17 mandates, while the County develops the stormwater utility or other type of district to fund 18 other projects. They don't have any answers about a potential district. By 2009, they can 19 determine how those stormwater districts would be set up. However, the public needs to 20 understand what they will get with an LOS between level four and five. They public needs 21 to know what that looks like and what they will get. He asked the intent of the motion. 22 23 Weimer stated the motion is to have the administration prepare a budget that would 24 start the development of the stormwater utility and include a funding range between LOS 25 four and LOS five, so they can see which specific programs can be done. 26 27 Nelson asked if that would include a fee increase and the formation of a utility 28 district. 29 30 Weimer stated it would form a stormwater utility fee and increase the flood district 31 tax. 32 33 Nelson stated LOS four and LOS five includes new special districts to meet the goals 34 of the funding range. 35 36 Weimer stated LOS three is funded with the stormwater district. They would 37 increase the flood district tax to fund LOS four or LOS five. 38 39 Nelson stated they could form the district, and fund the $3 million from what is 40 currently available, without having to increase the flood district tax. 41 42 Weimer stated the memo from Council Policy Analyst Rebecca Craven asks questions 43 about how the district would be formed. The motion asks that those answers come forward 44 as part of the budget process. The Council was asked to give direction to the administration 45 now so the administration can prepare the budget in July. 46 47 Nelson stated they should do LOS three with current funds that exist now. Work on 48 developing stormwater utility districts through 2009. Make sure the public agrees and 49 supports what they develop. 50 51 Caskey- Schreiber stated approving LOS four indicates to the administration that the 52 Council definitely approves a level of service up to LOS three. During the budget process, 53 the administration will identify the funds needed to accomplish the goals identified in LOS Whatcom County Council, 5/20/2008, Page 11 1 four. Then the Council will figure out how to find those funds. She has a greater sense of 2 prioritization and accountability with this list than she's ever had before. They finally have 3 all the plans and projects together in one document. They've all been run through a 4 prioritization formula. She likes that they have identified top priorities and will work down 5 the list until they get the work done. She is glad to have Jon Hutchings working for the 6 County and on this project. 7 8 Weimer stated he is in favor of the motion. He thanked Councilmember Nelson for 9 starting this process for prioritizing projects. All the departments are now talking to each 10 other. The only thing on which they disagree is the funding level. The project has identified 11 42 different plans with 278 projects. The Council has approved all those plans over the last 12 15 or 20 years, but they haven't moved forward with the projects. The County won't meet 13 its legal obligations with a level of service less than LOS three. They shouldn't even talk 14 about anything less than that. LOS four is what they can do with existing staff. LOS five 15 would require hiring new staff. Begin moving forward on a stormwater utility district and 16 consider increasing the flood district tax to pay for some of the other things. That is a level 17 of service between LOS four and LOS five. 18 19 Kelly stated the Council has to give staff some direction. He asked if there is a 20 timeline for staff to develop all the LOS options. 21 22 Weimer stated the staff needs direction from the Council now so they can prepare 23 budgets for the administration by July. 24 25 Kelly stated that if they are going to get long -term support for this process, the 26 Council will have to revisit the LOS each budget cycle. If they go too high, they may lose 27 support for the next 20 years. He supports a compromise between LOS four and LOS five. 28 29 Fleetwood stated they will never have the agreement of everyone in the public. 30 31 Nelson stated the public helps to form the district. 32 33 Brenner stated they have moved forward with a lot of these projects. Staff doesn't 34 know what some of these projects are. They need to decide what specifically they're talking 35 about. The Council won't get to decide what projects get done if it chooses a level of 36 service option. Other people will decide. 37 38 Caskey- Schreiber stated the Council still has funding authority over everything. 39 40 Brenner stated she knows that, so there isn't a reason to do levels of service. 41 42 Weimer stated that the administration will bring forward specific projects during the 43 budget process. At that time, the Council can move things around. The Council needs to 44 give the staff a place to start in the meantime. 45 46 Brenner stated she would rather indicate which projects the staff should start with 47 instead of choosing a level of service. The County should go back to an annual budget 48 process. During budget -time two years ago, she didn't support the Legacy Plan and the 49 reconveyance thing. She was told that nothing would happen until the Council decides what 50 happens and when it happens. However, the administration used a slush fund to hire a 51 consultant to support its position. By the time it came to the Council, it was mostly done. 52 Also, this process disenfranchises the water resource inventory area (WRIA) people. That 53 project is far down the list. Whatcom County Council, 5/20/2008, Page 12 1 2 Motion carried 4 -3 with Nelson, Brenner, and Crawford opposed. 3 4 2. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, SIXTH 5 REQUEST, IN THE AMOUNT OF $1,040,180 (AB2008 -195) 6 7 Nelson reported for the Finance and Administrative Services Committee and moved 8 to adopt the ordinance. 9 10 Motion carried 6 -1 with Kelly opposed. 11 12 Crawford asked why Councilmember Kelly is opposed. 13 14 Kelly stated the Council receives too many supplemental budget requests without 15 explanations of the effect to the total budget. 16 17 3. ORDINANCE DEFINING "INDIGENCE" FOR THE VETERANS' RELIEF FUND 18 (AB2008 -196) 19 20 Nelson reported for the Finance and Administrative Services Committee and moved 21 to adopt the ordinance. 22 23 Motion carried unanimously. 24 25 4. RESOLUTION AUTHORIZING THE EXECUTIVE TO MAKE APPLICATION FOR 26 AN AQUATIC LANDS ENHANCEMENT ACCOUNT PROGRAM PR03ECT TO THE 27 RECREATION AND CONSERVATION OFFICE FOR LILY POINT ACQUISITION, 28 PHASE II (AB2008 -203) 29 30 Nelson reported for the Finance and Administrative Services Committee and moved 31 to approve the resolution. 32 33 Motion carried unanimously. 34 35 S. RESOLUTION AUTHORIZING THE EXECUTIVE TO MAKE APPLICATION FOR 36 FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE AND RECREATION 37 PROGRAM PR03ECT TO THE RECREATION AND CONSERVATION OFFICE FOR 38 ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION 39 LANDS - LILY POINT ACQUISITION, PHASE II (AB2008 -204) 40 41 Nelson reported for the Finance and Administrative Services Committee and moved 42 to approve the resolution. 43 44 Motion carried unanimously. 45 46 Caskey- Schreiber moved to approve $35,000 for a video recording system 47 regarding the update on video recording options for the Council Chambers (AB2008- 48 017). 49 50 Motion carried unanimously. 51 52 6. RESOLUTION ESTABLISHING A PEAK OIL TASK FORCE TO STUDY AND MAKE 53 RECOMMENDATIONS REGARDING THE CONSEQUENCES OF DIMINISHING Whatcom County Council, 5/20/2008, Page 13 ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF BELLINGHAM (AB2008 -200) Brenner reported for the Public Works and Safety Committee and stated there is a substitute compromise version from Councilmember Crawford, submitted earlier today. She moved to approve the resolution establishing an Energy Resource Scarcity Task Force to study and make recommendations regarding the consequences of potential changes to the supply of energy resources on Whatcom County and the City of Bellingham (AB2008- 200B). Motion carried unanimously. Brenner reported for the Public Works and Safety Committee regarding discussion and update on Point Roberts Solid Waste and Recycling Program (AB2008 -210). The committee recommends that the Council and Executive send a letter to the Washington Utilities and Transportation Commission (WUTC) that asks the WUTC to hold a hearing and move on this issue. She moved to allow staff to draft a letter and allow the Council Chair to review and approve the draft letter. Motion carried unanimously. 7. RESOLUTION ESTABLISHING AN ENERGY RESOURCE SCARCITY TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE CONSEQUENCES OF A POTENTIALLY DYNAMIC MARKET FOR ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF BELLINGHAM (AB2008 -200A) See the Other Item #6 for discussion of this item. 8. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008 -2 (AB2008 -197) Fleetwood reported for the Planning and Development Committee and moved to approve the resolution with one amendment discussed in committee, to delete the Bander / Mirand application. Caskey- Schreiber stated she is opposed to the Bander / Mirand application. There are serious implications to the tax base if the County starts allowing every rural, one unit per five acres (R5A) lot to be designated open space /open space. At some point, the Council should work with the administration to update the open space rating systems. Nelson asked if there is a minimum acreage for open space /open space tax designation. He thought there was a five -acre minimum. Crawford stated the committee was told there was no minimum. Weimer stated that's why the Council wants to revisit the criteria and tighten it up. Brenner stated there used to be a minimum. She would like to know how that got changed. Whatcom County Council, 5/20/2008, Page 14 1 Fleetwood restated the motion to approve all the applications, except the 2 Bander /Mirand application. 3 4 Motion carried unanimously. 5 6 Crawford moved to approve the Bander /Mirand application, but he will vote against 7 the motion. He agrees with Councilmember Caskey- Schreiber. It seems like this situation 8 could apply to nearly every five -acre parcel being developed. When the Assessor valuates a 9 parcel, it's valuated without the potential for further development. Designating the 10 undevelopable portion of a five -acre parcel as open space goes against the idea of the 11 original Assessor valuation. 12 13 Fleetwood stated he will support the motion. He appreciates the implications of 14 supporting these kinds of things in the future and agrees that the rating system needs to be 15 reviewed. However, this application is consistent with County policies, guidelines, and 16 criteria. 17 18 Caskey- Schreiber stated it may meet the criteria on a checklist, but the Council still 19 has the discretion to consider the tax base for the County. Consider 15,000 R5A lots. 20 Setting that precedent would result in a big hit to the County budget. 21 22 Nelson stated there is a mechanism to give property owners a tax break for 23 enhancing their property and protecting it. The open space /open space designation is not 24 that mechanism. 25 26 Brenner asked the amount of savings the applicant will receive. 27 28 Crawford stated it's probably not a lot of money. This has no effect on the budget 29 whatsoever. The tax levy is spread out among all taxpayers and shifts the amount others 30 pay. 31 32 Caskey- Schreiber stated the most expensive density to service is R5A. It should not 33 get a tax break. 34 35 Motion failed 1 -6 with Fleetwood in favor, 36 37 9. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT 38 USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008 -3 39 (AB2008 -198) 40 41 Fleetwood reported for the Planning and Development Committee and moved to 42 approve the resolution. 43 44 Motion carried unanimously, 45 46 10. RESOLUTION ADOPTING THE WHATCOM COUNTY COMPREHENSIVE PARKS, 47 RECREATION AND OPEN SPACE PLAN (AB2008 -213) 48 49 Fleetwood reported for the Planning and Development Committee and moved to 50 approve the resolution. They must have an approved plan to be eligible for the next round 51 of applications, which is coming up soon. 52 Whatcom County Council, 5/20/2008, Page 15 1 Weimer stated the committee recommended one amendment to remove language on 2 the Whatcom County Park Plan for the Lake Whatcom Park -South (Hegg Park and Zobrist 3 and Richards properties), , and 4 , and etheF family and 5 laFge gFeup retreat aetivities." 6 7 (Clerk's Note: End of tape two, side A.) 8 9 Caskey- Schreiber stated that the Parks Director will work with the Dickinson and 10 Lundgren families to remove their private properties from the plan and not facilitate public 11 access. 12 13 Weimer stated this should have been brought forward earlier and given time to 14 receive public comment. This plan has been in the works for two years. 15 16 Fleetwood stated it has had 22 public meetings in 11 locations, a 35- member 17 steering committee, two work sessions, the Planning Commission, and the Parks 18 Commission. 19 20 Brenner stated the committee made a recommendation about not allowing cabins at 21 the Lake Whatcom Park - South. 22 23 Weimer stated that is the language that the committee recommended to be 24 removed. 25 26 Crawford stated there are discrepancies and old information in the plan. He will 27 support the motion. The document should be fluid, revisited, and updated. 28 29 Motion carried unanimously. 30 31 (Clerk's Note: The Council did not take formal action to remove language referenced 32 earlier regarding the Lake Whatcom Park -South park plan, but the Council concurred that 33 the language be removed.) 34 35 11. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION THAT 36 COUNCIL AUTHORIZE CONSULTANT RESOURCES FOR A STUDY ON CLUSTER 37 DEVELOPMENT STANDARDS IN THE RURAL FOREST ZONE (AB2008 -211) 38 39 Fleetwood reported for the Planning and Development Committee and moved to 40 request the administration to allocate consultant resources to study alternatives to clusters 41 in the Rural Forest zone and have the Planning Commission provide a recommendation to 42 the Council following such a study. 43 44 He is skeptical about what kinds of alternatives the consultant may come up with. 45 He's never been thrilled with allowing clustering in the forestry zone. Another reason for 46 not allowing clustering is because of aesthetics. He is open to anything interesting that 47 would allow compromise that the consultant can come up with. This just means the County 48 will consider other options. Executive Kremen has identified money to fund this study. 49 50 Crawford suggested a friendly amendment to request the administration to 51 allocate consultant resources to study alternatives to for clusters in the Rural Forest zone 52 and have the Planning Commission provide a recommendation to the Council following such Whatcom County Council, 5/20/2008, Page 16 1 a study. That small change allows clustering to remain an option. Approve option two on 2 Council packet page 477 as written. 3 4 Fleetwood accepted the friendly amendment. 5 6 Brenner stated she has a problem with having a consultant do this. There is enough 7 information out there for staff. Instead, put the money toward the water resources level of 8 service so they don't have to raise taxes. She will not support the motion. 9 10 Nelson stated he initially supported clustering until he saw the consequences. 11 Clustering is not a rural aesthetic. That's urban living, which encourages more urban living. 12 13 Crawford stated the consultant is being hired to study clustering in the agricultural 14 zone. This would just expand the scope to the rural forestry zone, also. 15 16 Weimer stated he will support the motion because of his questions about the 17 maximum number of houses clustered and ensuring the reserve area can't ever be 18 developed. 19 20 Kelly stated the Planning Commission is doing everything it can to protect forestry 21 resources. The issue isn't clustering, but whether or not clustering will have unforeseen 22 consequences that may be detrimental to forest practices. 23 24 Caskey- Schreiber stated one question is whether clustering inhibits forest practices. 25 Another question is whether clustering or forest practices is better for a watershed and to 26 protect Lake Whatcom. She would like the consultant to answer those questions. That's 27 why she supports this motion. 28 29 Brenner stated it's likely that some lots in the Lake Whatcom watershed that are not 30 clustered won't be developed because of soil and site limitations. 31 32 Motion carried 5 -2 with Brenner and Nelson opposed. 33 34 12. REQUEST CONFIRMATION OF EXECUTIVE APPOINTMENT OF THOMAS 35 STANLEY TO THE DEVELOPMENTAL DISABILITIES BOARD (AB2008 -212) 36 37 Weimer moved to appoint Thomas Stanley. 38 39 Motion carried unanimously. 40 41 42 OTHER BUSINESS 43 44 There was no other business. 45 46 47 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 48 49 Crawford stated he thanks Councilmember Brenner for meeting with him, County 50 staff, and residents about the new Birch Bay park at Point Whitehorn. It was a productive 51 meeting. 52 Whatcom County Council, 5/20/2008, Page 17 1 2 3 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 Kelly stated Puget Sound Partnership Executive Director David Dicks will meet with community members this Friday about organizing the Puget Sound Partnership. Weimer stated he attended the International Council for Local Environmental Initiatives (ICLEI) Local Governments for Sustainability climate change conference in Albuquerque, New Mexico. Whatcom County received an award. Brenner stated she thanks County Parks and Recreation Department Director Mike McFarland who was very helpful at the Birch Bay park meeting. Nelson stated he will be absent from committee meetings on June 3. He will be in Seattle to attend a Community Connects conference regarding health care access issues. Caskey- Schreiber stated the Council has a Health Committee the meeting day after Memorial Day at 9 a.m. Also, Councilmember Fleetwood is going to a Western Regional National Association of County Officials (NaCO) meeting tomorrow. She would like a full report when he returns. ADJOURN The meeting adjourned at 9:45 p.m. lzz� 0 ( / . Jill Nixon, Minutes Trans ription The Gdunciti'dved these minutes on June 17 , 2008. ATTES�}••� WHAT.•(,• �� WHATCOM COUNTY COUNCIL Q 'O C • �. WHATCOM COUNTY, WASHINGTON COUN p Dana Weimer, Council Chair Whatcom County Council, 5/20/2008, Page 18