HomeMy WebLinkAboutCouncil November 25 20081
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WHATCOM COUNTY COUNCIL
Regular County Council
November 25, 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
Absent:
None
Wiemer announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation (AB2008 -018) in executive session during the
Committee of the Whole meeting.
MINUTES CONSENT
1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 28, 2008
Caskey- Schreiber moved to approve the Minutes.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated he is concerned
with the growing police state. Homeland Security is building a building at Barkley Square.
Homeland Security includes United States Customs and Border Protection, where
Councilmember Caskey - Schreiber's husband works. He submitted a Freedom of
Information request to these agencies to find out what they have on him. They're part of
the United States Department of Homeland Security, which includes the federal protection
service that provides security for federal buildings. Before this, they were in the General
Services Administration (GSA). They falsely arrested and imprisoned him quite a few times
in Anchorage, Alaska. Also, Homeland Security is leasing a building at the airport. A van
was parked in front of the old Federal Building in a no parking zone all afternoon. They're
getting $4 million to $10 million from the Senate to provide security for the winter
Olympics. The best thing for him is to keep his mouth shut, but it's a big concern. Also, he
Whatcom County Council, 11/25/2008, Page 1
1 noticed that Senator Lieberman kissed the head of Homeland Security Senate Committee
2 that provides oversight.
3
4 Bruce Deile, citizen, stated he is homeless. He was denied a room at the Quality Inn
5 because he didn't have a credit card. He was told that most motels require a credit card.
6 This is unethical, given the current mortgage crisis. There is no law to force a business to
7 accept a certain form of currency. Local government can prohibit motels from renting
8 rooms for less than 12 hours to reduce crime. Therefore, they can prohibit impossible
9 standards from being imposed on homeless people in dire need of shelter. The County
10 should consider a law prohibiting motels from requiring a credit card to rent a motel room.
11 The federal list for Section 8 housing closed on August 1, 2008 in Bellingham. County
12 housing requires a two -year wait. The Opportunity Council received a grant for housing, but
13 weren't making appointments to get on the list. The only option is the Union Gospel
14 Mission. He can't go there because he has Lyme Disease from a tick bite. The City of
15 Seattle recently threatened their tent city with trespass. Homeless people need to be able
16 to find refuge to get some rest. It's unethical and inhumane when U.S. currency is no good,
17 and people are turned away. Change must begin locally. Local government can help
18 provide needed housing and make motels provide shelter.
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20 Michelle Jerns, 6020 Truck Road, Deming, stated she is dismayed by the lack of
21 progress in trying to save her home and neighborhood from going into the river. She has
22 only been offered technical advice. That won't save her house. The Army Corps of
23 Engineers said they are waiting for the County to ask for help. She and the neighborhood
24 are willing to help. She doesn't know what to do. There is a buyout option, but she'd
25 rather save her home. She is willing to pay money to help the County save her home. She
26 asked if there is anything Council can do to help.
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28 Flip Breskin, 2518 Cherry Street, Bellingham, stated she wants to talk about the
29 Roeder Home.
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31 Wiesen stated that's part of the budget public hearing.
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33 Bob Wiesen, 3314 Douglas Road, Ferndale, stated there seems to be confusion about
34 the population growth numbers. He submitted a handout. Save time by looking over the
35 handout.
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37 Dennis Jones, 1486 Sudden Valley, stated Washington State has no state income
38 tax. Washington State levies are average. The State has a regressive business and
39 occupational (B &O) tax. Thirty percent of the State budget comes from property taxes.
40 They must budget for the items they want to do.
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43 PUBLIC HEARINGS
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45 1. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
46 COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2009 (AB2008 -369)
47 (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF
48 SUPERVISORS)
49
50 Weimer opened the public hearing and the following people spoke:
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52 Chet Dow, 5491 Woodfern Way, Bellingham, stated he opposes any property tax
53 increase of any amount. Many families are struggling. Local government must tighten its
Whatcom County Council, 11/25/2008, Page 2
1 belt. If enacted, this tax increase will be imposed without a vote of the people. Council's
2 action will not be subject to Executive oversight and the normal checks and balances of
3 government. The public haven't been told what water projects would be funded. There are
4 questions about whether some of the projects have anything to do with controlling flooding,
5 which was the original intent of the Flood Control Zone District.
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7 Jim Melland, 244 Summerland Road, Bellingham, stated he is opposed to any tax
8 increase of any kind. Don't take money from people who are struggling to keep their
9 homes, business, and families fed. He is opposed to government employees getting raises
10 when people are losing their homes. Hire someone to do a performance audit of local
11 governments and start slashing programs. Go through and cut everything five percent
12 instead of increasing taxes. He agrees with the previous speaker.
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14 Larry Helms, 2660 East 41St Terrace, stated that according to financial reports, the
15 County historically overestimates expenses and underestimates revenues. Historically, the
16 County has under - spent, and colleted more than expected. There is no explanation about
17 why budget expenditures weren't followed. Since 2002, there has been a net operating
18 surplus of approximately $10 million or more. In that period, a total of over $63 million was
19 collected. There is more than $43 million in surplus funds. He asked how a $63 million
20 surplus becomes $43 million, when the budgets have had a surplus every year. He asked
21 where that $20 million went. The financial report shows $25.3 million in capital
22 improvements for 2007. The report shows the County spent less than $5 million net of
23 debt. He asked which projects the County ignored in the past and what it will ignore during
24 the next budget cycle. He asked how budget cuts will affect services, according to
25 department heads. There is a surplus of $3 million to handle a $2 million shortfall. He's
26 against any tax increase.
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28 Keith Willnauer, County Assessor, stated he received the Flood Control Zone District
29 property tax increase proposal four days ago. It is the largest property tax increase in the
30 by Whatcom County in 20 years. He's spent his career listening to taxpayers about
31 property tax levels. He has repeatedly had conversations describing the time and activity
32 most appropriate to effectively present property tax concerns. This is that time. In his
33 opinion of property tax matters, government must assure and support the highest quality of
34 legislative function. A distortion of due process and inadequate citizen involvement follows
35 public opinion and risks the ruin of government's most vital revenue base. The best
36 property tax policy is accomplished by providing articulate spending definitions, measure
37 and accountable deliverables, adequate administrative review, and maximum public
38 involvement by voters.
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40 Since he received this proposal, he's discovered it is the largest property tax increase
41 in the history of the Assessor's Office. There are no best policy performance definitions of
42 property taxation. It is taxation by technicality. Reject the increase.
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44 Janet Maricle, 3900 E. Smith Road, Bellingham, stated she is opposed to the tax
45 increase. It, is wrong to take river and flood tax money and divert it for use for things not
46 directly related to flood control. It's wrong to raise people's taxes without their approval.
47
48 Joe Murphy, 2704 Brown Road, Ferndale, stated he is opposed to the tax increase.
49 The increase would equal $48 per month on a property valued at $300,000. Across the
50 nation, people are losing their jobs. The state of the economy hasn't hit Whatcom County
51 yet, but it will. Local industries are shutting down capital projects. People are out of work.
52 This summer's chip seal program on roads that are perfectly fine was a waste, given oil
Whatcorn County Council, 11/25/2008, Page 3
1 prices. Don't waste that kind of money. Don't improve a new tax to give people more
2 money, when they can't manage the money they have. Cut services and staff.
3
4 Dennis Jones, Sudden Valley, stated Whatcom County has had eight straight years
5 without a property tax increase. The Council is diverse, and hears the public. The County
6 has excellent staff who stand up to the Executive and Council. His priority is the Lake
7 Whatcom Water District. It is the number one issue in the county. If they had started
8 some sort of savings in 1992 for flood control and stormwater, they would have millions
9 now. The tax increase has been 15 percent since 2005. That increase has mostly been
10 banked. That increase has come from developed land that was undeveloped. Whatcom
11 County's property taxes are extremely low. The need is for surface and stormwater and for
12 less pollution. He supports the tax. It is long overdue. The government of Whatcom
13 County doesn't lie. Because of the County Council's budgeting integrity, the County will be
14 fine when the economy rebounds.
15
16 R.H. Severson, Robertson Road, stated he lives on the waterfront. People who get
17 flooded out should be able to buy an insurance policy. Not everyone should have to pay.
18 People should have some sovereignty over their property, and not have all these taxes.
19 There are too many property taxes already.
20
21 Gary Lysne, 2472 Northshore Road, Bellingham, stated he is opposed to the tax
22 increase, especially with a surplus. Executive Kremen presented a balanced budget. Now
23 they're talking about a tax increase that Executive Kremen can't veto. Have an independent
24 performance audit to clarify discrepancies between planned budgets and actual expenses
25 incurred. The Council is not spending the money on the things in the budget.
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27 Geoff Menzies, 988 Laurel Road, stated he has worked with the Drayton Harbor
28 Shellfish Committee for 13 years. He doesn't like tax increases, but it is very important to
29 continue the work to save the bay. The budget recommends one staff person for critical
30 areas ordinance and shorelines education and enforcement. Clarify the specific tasks for
31 that position. The particular problem is with small farm livestock waste problems in the
32 watershed, but that position will probably spend little time on that issue for Drayton Harbor.
33 There is an item for enhanced shoreline salmon marine restoration to implement shellfish
34 per the Comprehensive Water Resource Integration Project (CWRIP) list. When there is a
35 specific program, the budget should reflect programs and advisory committees that are
36 working with the Council. The flood fee is supposed to include a water quality component.
37 They haven't gotten water quality improvements from the flood fee for years. He supports
38 the ordinance.
39
40 Nelda Sigurdson, 5171 Ferndale Road, stated the flood funds need to be used for
41 river projects, not city rainwater drainage projects. Several diking district committees
42 function well. They know the river. They don't need wildlife or salmon people taking any
43 more farmland for other uses. The Army Corps of Engineers has saved the bend in the river
44 several times. The Corps moves in and gets the job done. Don't overload the flood funds
45 for anything other than saving farmland and containing the river. They don't need more
46 engineers or river models.
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48 Bob Wiesen, 3314 Douglas Road, Ferndale, stated he agrees with Keith Willnauer.
49 The budget looks like a shell game. Flood control funds should be used for flood control
50 projects.
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52 Bill McCourt, 3495 Robertson Road, stated he is a retired water superintendent from
53 the City of Bellingham. He has been involved in a lot of water resource issues. Water
Whatcom County Council, 11/25/2008, Page 4
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resources in Whatcom County are in poor condition and are getting worse. Contaminants
are in the drinking water in increasing levels. The Environmental Protection Agency (EPA) is
listing lakes and streams on its 303(d) list for impaired water bodies. Salmon stocks are
endangered. They must take positive action. It is time to stop studying projects and start
implementing them. He supports the resolution.
(Clerk's Note: End of tape one, side A.)
Jim Hanson, citizen, stated prioritize County money for the needs of the greatest
number of county residents, no matter what those needs are. He appreciates the work of
Whatcom County employees and the County Council. Whatcom County employees are
working to serve the public, not to get rich.
Ron Welding, 1337 Chuckanut Crest Drive, stated tighten the operating budget and
reduce spending, given the economy. His property tax increased 52 percent over three
years. That's unreasonable, given the housing market. It puts a huge burden on citizens,
especially retirees. Raising the property tax may force them out of their homes. Exercise
financial restraint and budget for only those items that are absolutely necessary for doing
what needs to be done. In the process, lower the mill rate.
Hearing no one else, Weimer closed the public hearing.
Substitute page #320.
Weimer moved to approve the resolution and gave a staff report. The increase of
$.04 per $100,000 assessed value equals $1 per month. That would generate $940,000 per
year. More than half of that money is proposed for river and flood issues. $300,000 goes
to Lake Whatcom, where the County is legally required to respond to federal water quality
permits. The water quality in Lake Whatcom has been going downhill, and they must turn
that around. They also have a total maximum daily load (TMDL) study from the State
Department of Ecology pending, to which the County must respond. About $200,000 will go
to legal requirements to respond to shellfish bed closures. Much of this money is to respond
to legal requirements, but the vast majority will go to flood projects.
The Council looked for other money and couldn't find any. They wanted to spend
more than this initially. Because of the economy, the Council reduced its planned level of
spending. He is in favor of the resolution. It's hard to raise taxes. This raise is minimal. It
will impact some people, but they need to start working on water programs. Several
hundred programs are planned.
Caskey- Schreiber stated she is in favor of the resolution. The County has spent
money on planning and prioritizing projects. The County Council worked very hard to find
other resources to meet the demands of these environmental projects, which are needed to
retain natural resources and make those resources available for future generations. It's
been approximately 15 years since the County has raised taxes. If they want to protect the
county's lakes, rivers, bays, and healthy habitat, they must take action now. She can't turn
her back on that. They must either allocate resources to these 278 projects, or they do
nothing. Doing nothing will cost more in the long run. The County only keeps 12 percent of
the property taxes collected. This increase goes to a specific list of projects. The time isn't
ideal for many citizens and she's sorry about that, but there is no alternative. She must do
what's best for the county in the long run.
Whatcom County Council, 11/25/2008, Page 5
1 Brenner stated there are lots of other options for cutting budget expenditures. She
2 didn't get support for those options. They're talking about less than $1 million per year.
3 The real estate excise tax (REET) has $9 million. They could use the excise tax instead of
4 raising taxes. This isn't a good time for any tax increase.
5
6 Nelson stated a comment was made that they aren't doing anything. That is
7 disturbing. In addition to the flood fund, they've used money from the current expense
8 fund to use on stormwater and flooding issues. They are spending $4 million. They are
9 doing things.
10
11 They went through an extensive process to identify all approved programs, projects,
12 and regulatory requirements. Councilmember Weimer has proposed a tax increase to deal
13 with his issues. Many of those issues step outside the CWRIP prioritization process.
14
15 Also, there are implications to the entire budget, such as staff time. The proposal
16 requires additional staff. He is against the proposal. They can't raise taxes and increase
17 the size of government. Use what resources they have or propose cuts. It's not a good
18 time to raise taxes and increase staff.
19
20 Crawford stated councilmembers don't agree on this issue. They keep 100 percent
21 of the tax they collect for Whatcom County. They do collect taxes for other jurisdictions.
22 This is an attempt to get taxpayer money in County coffers.
23
24 This is not designated for specific projects. He agrees with Mr. Wilinauer. The
25 County voters agreed to pay extra money for a new jail because there was a plan for the
26 project. Now, the citizens aren't being told what they will get for this money. Today there
27 was a last minute meeting with a list of projects. None of them agreed with the list. They
28 don't know where this money will go. The flood tax was created as a response to the
29 Sumas floods of the 1980's. None of the projects have anything to do with floods. It's for
30 throwing lots in ditches. This is not an amount that makes any sense. It's a product of
31 negotiation. A specific need hasn't been identified. This cannot be a response to a specific
32 need.
33
34 Two weeks ago, the Council changed the process by which the Flood Control Zone
35 District Supervisors operate. The Charter makes clear how they want County government
36 to operate. A slim majority of councilmembers can't push their agenda forward and put a
37 burden on the Executive to do something that isn't practical without the Executive having
38 some say. Two weeks ago, the council voted to remove Executive Kremen's veto ability.
39 That's wrong. He can't think of a worse time to increase taxes. They will soon find that
40 projected revenues won't be as much as they think. Huge financial troubles are ahead. He
41 doesn't support the resolution.
42
43 Kelley stated statements that they don't know what they will spend the money on
44 are misleading. The Council passed the Lake Whatcom stormwater plan intending to
45 implement it. This is an opportunity to address a number of issues. There are serious
46 water quality problems that have been ignored for decades. There always seems to be a
47 reason why they can't address these issues. Other issues include Drayton Harbor, Portage
48 Bay, and Birch Bay closures. The trend is worsening. Now is the time to address the
49 problems. The CWRIP list of projects have been sitting on the shelf. They are a result of
50 good planning and sound technical work. The citizens of Bellingham have paid into the flood
51 tax for years. It's not fair for them to not see any benefit from that tax. At some point in
52 the future, it's highly likely that Lake Whatcom could become a regional water supply for all
Whatcom County Council, 11/25/2008, Page 6
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of Whatcom County. There are very real needs for this proposal. He is in favor of the
resolution.
Fleetwood stated he is in favor of the resolution. The majority of the Council
determined the appropriate level of service for water quality projects in Whatcom County.
They must respond to the TMDL and stormwater plan. The approved level of service wasn't
funded. The administration agreed with a higher level of service, but the proposed budget
didn't include sufficient funding. They have an obligation to achieve water quality, despite
an economic downtown. The amount proposed is very small. They have identified a list of
projects this money will go toward.
Weimer stated the committee recommends a list of specific projects to go forward
with this resolution. Before any of the money is expended, Public Works Department staff
will make sure it meets their priorities.
Caskey- Schreiber stated that five of the top six projects on the list of 278 projects
are specifically flood projects. They have spent seven years planning for projects that need
to happen for flood, water quality, and habitat reasons. However, they've not allocated any
money for implementation. Don't throw away all the hours spent creating those plans by
shelving them. Instead, take preventative action to save taxpayer money and a drinking
water body. For some, there will never be a right time.
Nelson stated they are already funding programs in the amount of $4 million per
year. The projects on the list for this resolution include a Hillsdale bioswale project. That
project is a much lower priority than many other things they need to do for flood control.
That project costs $420,000, but this plan only contributes $150,000. He doesn't know
where these estimates have come from. He asked what good it will do to raise taxes, throw
a little bit of money at a project, yet don't accomplish the task. The amount budgeted for
specific projects doesn't come close to the estimated costs of the projects.
Weimer stated REET money will also go toward stormwater implementation, which
may pay the rest of the costs. The Public Works Department has applied for a large
Centennial Clean Water grant to deal with the Hillsdale area.
They can't really start at the top of the priority list because of outside factors.
Before any of these funds are expended, it will go through the Public Works Committee to
make sure it meets the priority list.
Brenner stated REET funds are available for all kinds of things, not just capital
projects. The definition of capital projects is broad. It doesn't have to be just buildings.
Use up that money before they start raising taxes.
Crawford stated this list with the resolution has a $940,000 budget. He just saw this
list this morning. It shows the Council will consider another $3 million from a stormwater
tax in 2009.
Weimer stated the Council voted on a resolution last May to ask the administration to
bring forward a proposal for a stormwater utility district around Lake Whatcom so they
have enough money to meet the legal obligations of the National Pollutant Discharge
Elimination System (NPDES) permit and TMDL study.
Motion carried 4 -3 with Nelson, Brenner, and Crawford opposed.
Whatcom County Council, 11/25/2008, Page 7
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2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2009 (AB2008 -370)
Weimer opened the public hearing and the following people spoke:
R.H. Severson, Robertson Road, stated police and fire service come first. The
County Executive is equal to the Council, because he was also elected by the people. He
submitted a handout.
Claudia Hollad, 8240 Birch Bay Drive, stated she supports letters to the County
Council from Doralee Booth regarding Birch Bay. The responsibility of government is the
maintenance of essential services, which is water, fire, and law enforcement. Do not cut
the Sheriff's Office budget. For years, that department has been understaffed. It is
understaffed by ten deputies today. Vote to increase the Sheriff's budget. The Sheriff's
Office serves a very large area and deal with the largest volume of criminal cases initiated
by federal law enforcement. They must prepare for the complications of the 2010 Olympics.
Other programs that people are here tonight to save can be done with volunteers. That's
where the Council must cut funding. The Sheriff's Office can't get its deputy work done with
volunteers. Do not further jeopardize the lives of the deputies. The City of Bellingham is
budgeting for four new deputies, and they pay better. That also puts the department in
jeopardy.
Dave Waring, 1537 Lowell Avenue, Bellingham, stated he is the Sudden Valley
general manager. Many funding requests are worthy, but only a few must be fully funded,
regardless of the cost. Public safety is the highest priority and must be fully funded.
Whatcom County has the best Sheriff it's ever had. Fund the Sheriff's budget without cuts.
The deputies are the guardians of this county's safety.
Joyce Sappington, Kendall Watch, stated she agrees with Mr. Waring. Don't try to
squeeze any more out of the Sheriff's budget. When the economy takes a down turn, crime
increases. Staffing should be increased. There is an increase in gang members coming to
this area. Columbia Valley has an increase in arson on vacant properties. The coming
Olympics will bring people in from all over the world. The East County area can't go back to
the days of the three -hour response time. Look elsewhere for budget cuts.
Hearing no one else, Weimer closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance.
Brenner stated she is against the ordinance. There are things in the budget that
are non - essential. She moved to reduce the levy amount by .5 percent.
(Clerk's Note: End of tape one, side 8.)
Nelson stated he supports the amendment, but it will unbalance the budget.
Motion to amend failed 2 -5 with Brenner and Nelson in favor.
Motion carried 6 -1 with Brenner opposed.
3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2009 (AB2008 -371)
Whatcom County Council, 11/25/2008, Page 8
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Weimer opened the public hearing and the following people spoke:
Dennis Jones, Sudden Valley, stated don't defer maintenance. The conservation
futures fund is the most well -used fund in the County. It is used as matching grant funds.
This fund allows them to keep growth where it should be. It's very small. This is an
investment that will save money. He supports the ordinance.
Joe Murphy, 2704 Brown Road, Ferndale, stated he supports Councilmember
Brenner's idea of decreasing the tax levy amount. Find the things in the budget that aren't
essential services, and take them out of the budget. They don't need or want those items.
They have to be careful about security and public safety, and what that means to individual
liberties. He supports the Sheriff's Office in protecting the just from the unjust.
Hearing no one else, Weimer closed the public hearing.
Brenner moved to adopt the ordinance. The public voted to approve this tax. The
County gets a good value for this expense. The funds are used for specific projects. It's
very transparent. When things are transparent, people will support it. This is a good
example of that.
Crawford stated he supports the ordinance with a caveat. The Executive's proposed
budget made sense. It was appropriate to cut here to make equity for the taxpayers and
not raise their taxes while funding essential services. He would have preferred the
Executive's proposal, but will vote for this ordinance.
Nelson moved to reduce this funding as originally proposed by the administration,
by about $800,000 per year for 2009 and 2010. That will offset the increase to the Flood
Control Zone District tax. The conservation futures fund has a reserve of over $2 million.
They can always reinstate the funding if they need programs.
Caskey- Schreiber stated she is against the amendment. They use this fund to
finance the Purchase of Development Rights (PDR) program, which as saved 600 acres of
prime farmland from development. It is vital to the well -being of the county and country.
They have the largest farm gate value left in Western Washington. It's a sustainable
industry that benefits the entire nation. Every day, 2,280 acres of farmland is lost to
development. The public values rural character, parkland, shorelines, and open space. This
is the only tool the County has to meet those needs. This is necessary to protect the
agricultural industry, shorelines, and other resource areas. It also will fund the
reconveyance of 8,000 forestry acres in the Lake Whatcom watershed.
Weimer stated he is against the amendment. He agrees with Councilmember
Caskey- Schreiber. This is one way to protect resource lands. There is money in the fund,
but the program has been slow to get started, however farmers are catching on. They can
also use this fund to buy parcels of land that are gems, such as Lily Point.
Nelson stated he's in favor of parks, but the public may not be ready for an 8,000 -
acre park on land that was already available for forestry production and won't be available
now. They have lost that revenue source. They also lose the ability to collect tax revenue.
Foresters won't be able to produce next to a park. There are many ramifications to the
reconveyance. Over half the county is national forest land. They keep buying up more and
more. He doesn't mind helping the farmers, but they can't get a product to market and
processed. That's the reason the agriculture industry has decreased. It makes sense to put
Whatcom County Council, 11/25/2008, Page 9
1 resources toward that. Don't say they are buying forest land to preserve forestry, because
2 they're not. They're making more parks.
3
4 Caskey- Schreiber stated this year's farm gate value was over $300 million. There
5 are a lot of successful farms in Whatcom County. About 4,000 development rights are on
6 active farmland right now. They must maintain a base of 100,000 acres to sustain the
7 industry, but they have only 86,000 acres zoned. Also, more people have applied for this
8 program than the County has been able to afford. Only the lack of staffing has delayed
9 implementation of this program.
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11 Brenner stated there is no guarantee that the conservation futures money will go to
12 saving agricultural land. If they don't fund the reconveyance next year, they will save
13 $300,000, which is half the amount of this amended cut. Other funds are available. The
14 REET funds can be used for many things. There are other options.
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16 Kelly stated he is against the amendment. It's wrong to turn their back on the rural
17 character of Whatcom County and the quality of life just because the country is down on its
18 luck. The community said it wants this Council to protect that rural character. He intends
19 to live up to his campaign promises, including protecting agricultural lands.
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21 Nelson restated the motion to reduce the amount collected for the conservation
22 futures by $800,000 each year for 2009 and 2010.
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24 Caskey- Schreiber stated that means they will collect only $100,000 per year.
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26 Brenner stated she won't approve reducing the collection that much. She
27 proposed a friendly amendment to a decrease the amount collected by 50 percent.
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29 Nelson accepted the friendly amendment, and stated the motion is to reduce the
30 amount collected by $400,000 each year.
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32 Crawford stated he prefers the Executive's proposal, but this is a type of compromise
33 that makes sense.
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35 Brenner stated other options are to use REET money.
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37 Caskey- Schreiber stated many road projects are based on REET money.
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39 Motion to amend failed 3 -4 with Brenner, Crawford, and Nelson in favor.
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41 Motion to adopt carried unanimously.
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43 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
44 PURPOSES FOR 2009 (AB2008 -372)
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46 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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48 Nelson moved to adopt the ordinance.
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50 Motion carried unanimously.
51
52 S. ORDINANCE AUTHORIZING THE 2009 WHATCOM COUNTY UNIFIED FEE
53 SCHEDULE (AB2008 -373)
Whatcom County Council, 11/25/2008, Page 10
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2 Weimer opened the public hearing and the following people spoke:
3
4 Bill Quehrn, Building Industry Association of Whatcom County, stated he is against
5 increased fees by the Planning and Development Services Department. Set the fees aside
6 and work with its customers to find ways to reduce costs and increase efficiency of the
7 permitting system. Building Services may potentially generate short -term and long -term
8 new revenue for the County if services are delivered clearly, consistently, and with certainty
9 and good customer service. Property improvements create new property taxes, sales taxes,
10 and other revenue for the County that are sustainable into the future. If the system gets
11 too expensive, licensed contractors will be too expensive to hire.
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13 Mary Dickinson, Building Industry Association of Whatcom County, stated she is
14 against increased fees by the Planning & Development Services Department. The document
15 is confusing and is a draft. They have not had enough time to notify their membership of
16 the new fees. Don't raise fees in a down economy. Because there is no certainty of what
17 things will cost, it will be impossible to bid jobs. The fee increase for the Hearing Examiner
18 creates an access to justice issue. The purpose of the meeting fee is unclear. The more
19 fees there are on a housing project, the less affordable the house becomes.
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21 Bob Wiesen, 3314 Douglas Road, asked what makes a Planning Department staff
22 person's time worth $100 per hour. He asked if fees exceed the cost of delivering the
23 service. He asked if these fees will become a profit center to fund other things in the
24 County.
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26 Steve Moore, 114 West Magnolia, Bellingham /Whatcom Chamber of Commerce
27 Board Chair, stated they should not vote on the fees unless they understand them. The
28 increased Planning Department fees affect every tenant improvement in the county. The
29 increased fees drive away new employers to the community.'
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31 Bill Henshaw, 2653 North Park Drive, Bellingham, stated a number of fees appear to
32 apply to a short plat. It is very expensive. Make the process equitable.
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34 Ali Taysi, AVT Consulting, 900 Dupont Street, Bellingham, stated he is a land use
35 consultant. The revenue shortage doesn't cover their operational costs for the County
36 departments. The County's solution is to increase fees for those struggling with the existing
37 economic situation. The result is that fewer people will come to the County to do business.
38 Regional and national developers will go where it's cheaper. Local developers will go out of
39 business. Increasing fees will drive people away. That will reduce the number of permit
40 applications that come in. With that reduced number of applications, they will have another
41 revenue shortfall at the end of 2009. The Council passed a massive fee increase two years
42 ago, with the goal to cover a gap between operational costs and revenues. In return, the
43 community was to be given a more efficient process. Now, they have a more expensive
44 system that is much more complicated.
45
46 (Clerk's Note: End of tape two, side A.)
47
48 Taysi continued to state throwing money at this problem won't work. Don't approve
49 the fee increase. Evaluate other methods to reduce costs without increasing the cost of
50 service for the public to make the gap go away.
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52 Jim Hanson, 2418 Keesling Street, Bellingham, stated he doesn't understand people
53 who don't want to pay taxes, but want services. If people are going to make a profit off the
Whatcom County Council, 11/25/2008, Page 11
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County service, they should pay for that service. Nothing is more equitable. Developers
should pay for the permits.
Hearing no one else, Weimer closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance.
Brenner moved to amend the ordinance to freeze the fees being increased by the
Planning Development Services Department. Fees must be related to a service, and not
anything else, or it becomes a tax. The fees are supposed to be based on what something
costs. She didn't vote for the big increase two years ago. She had no way to know whether
those fees actually reflected the cost of the service. At that time, the Council was told that
it would receive information on the exact breakdown of how those fees reflected the true
costs. The taxpayers pay the cost of the facilities through the tax. She hasn't figured out
how someone's time costs $100 per hour. She wants to see the correlation between the fee
and the true cost.
Crawford stated he supports the motion to amend. The $100 per hour cost hasn't
changed. The Council was promised a lot two years ago, and got nothing for it. It is harder
than ever to do business with the County. The Council has set up a bureaucracy in that
department. They won't get anywhere from raising fees. The State law allows the County
to recover costs from current planning and building services with fees. There is a $2 million
gap. If the State were to look at how local governments have built regulatory bureaucracies
to this point, the legislature would probably say the counties don't have to recover all those
costs from fees.
They must go into this budget cycle realizing that a $2 million gap will exist. There
is a good chance that revenues will be even lower than anticipated now in six months. They
will have to make more cuts. Raising fees at this point is not appropriate. It's unfair. It's a
form of taxation to people who shouldn't have to pay for it. This is not practical and it
doesn't make sense.
Caskey - Schreiber stated some of Whatcom County's fees, especially those for
subdivision projects, are very low compared to other counties. It's not unreasonable for
those fees to reflect the cost of the work involved. That's always been the Council's
direction to Planning Director Stalheim. She asked how the County's fees compare to other
counties.
David Stalheim, Planning and Development Services Director, stated they did a fee
comparison study. Whatcom County is in the middle of the group. He reduced his budget
by seven positions, equaling $500,000. However, fee recovery for permit functions is still
not 100 percent. Therefore, general fund money from other taxpayers is still paying for the
permit department. The hourly fee is in the current standard. It includes travel time,
overhead, buildings, car travel, and other similar things.
Weimer asked about new fees versus replacement fees. Stalheim stated there are
only two completely new fees, and all the other changes are amendments to the existing fee
schedule.
Brenner stated she is against the fee for nonconforming structure replacement after
a natural disaster on packet page 357. They've already scared everyone about being able
to rebuild, because the County made those structures nonconforming. Now, if something
Whatcom County Council, 11/25/2008, Page 12
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beyond the owners' control happens, the owners will have to pay to rebuild, and get hit with
a nonconforming charge.
Fleetwood asked why all the fees are designated as new fees. Stalheim stated he
and his staff entered all fees in the `new' category in the database. This was the first time
he and his assistant have been through the County's budget process.
Weimer asked for clarification of the fees for the Conservation Program on
Agricultural Lands (CPAL) program. Stalheim stated there are two aspects to CPAL. One
has to do with preparing the plans, and one has to do with compliance. If the County staff
have to handle a compliance case, they charge higher fees when the landowner isn't
working cooperatively to develop a farm plan.
Kelly asked if there is a direct correlation between higher fees and fewer applicants.
Stalheim stated that is true with some cases. Folks delay smaller projects, or the owners
will not seek a permit for the work that they do. Some fees weren't charged because they
want to make sure people do things safely. They kept the first inspection fee low, but
added an additional fee if the staff have to re- inspect. Those people who seek financing are
required to have a permit. Banks don't loan without a permit.
Brenner stated the number of permits will get lower if the economic downturn lasts a
long time, with these kinds of fees. She would like to see a correlation between fees and
services. She doesn't want a middle - ground of what other counties do. She would like to
see the actual cost of a permit. She doesn't understand how they can charge a fee for a
building, when it's included in everyone's taxes, including the person coming in for a permit.
Fees changed two years ago. The Council wanted the fees for remodels reduced, but they
haven't been reduced. At the very least, freeze the fees for now. Bring forward the specific
costs.
Crawford stated two years ago the Council gave the Planning Department the ability
to add extra fees if a project requires additional cost. He is in favor of the motion to
amend. He worked on a project that required eleven extra hours of additional critical area
review, and received a bill for it. That bill didn't give an account of what extra work was
done. However, his project is very simple. The County has a mechanism in place to charge
the extra on a case -by -case basis. The fee increases here equal 25 to 30 percent. Two
years ago, the Council approved a 50 percent increase. Hold the line on these fees now. It
won't fully address the $2 million gap. The department cost is about $7 million. About $6
million of that is affected by fees. The fees cover about $4 million. There is a $2 million
gap that the administration is trying to recover. They must still figure out how to cover that
gap. These fees aren't going to make a lot of difference to multi - million dollar projects, but
they will hurt the little guy. This is incredibly regressive. It's not right.
Nelson asked if they addressed duplicate fees. The Health Department collects a fee
for onsite sewage systems (OSS) permits. He asked why the Planning Department plans to
charge $100 to verify that permit. Stalheim stated septic systems go into wetlands or
wetland buffer areas. Staff have to do separate site inspections to verify whether the OSS
is within the critical area. His staff works with the Health Department to identify those
systems and verify that a system is not going into a wetland buffer. They want to make
sure they aren't approving a system that is in violation of other codes. The Planning staff
have to do a site inspection.
Nelson stated anyone bonded should know where to put a system. The Health
Department should also know that information.
Whatcom County Council, 11/25/2008, Page 13
1
2 Fleetwood asked the implication of approving a fee freeze and whether Mr. Stalheim
3 considered alternatives to an increase. Stalheim stated the implication of a fee freeze is
4 that the existing fee schedule remains in place. The issue is with the budget. He was asked
5 for budget cuts totaling $1.5 million. He made up two - thirds of that through revenue
6 enhancements. The question is the fee recovery amount the Council wants the permitting
7 function of the department to collect. If the Council sets that amount, he can adjust the fee
8 schedule accordingly. This does not apply to the long -range planning function, which is all
9 covered by the general fund.
10
11 Brenner asked if each fee covers the amount of time and effort required by a staff
12 person. Stalheim stated it does. The new fee schedule is built around an hourly fee, so
13 there is accountability. They are testing a new database that will track the time accounting
14 for every staff person on every project. When the project is done, they can produce a
15 report that details the amount of time each staff person spent on that project.
16
17 Brenner stated the Council authorized money to do wetland and critical area maps.
18 She asked if they can pull up a map to verify what's been approved through the wetland
19 specialist and Health Department. Stalheim stated a map is the first screen, but the only
20 way to verify what is on the ground is to go on site. They go on site to verify about 80
21 percent of the permits.
22
23 Brenner stated she thought. the delineations would solve that problem. Stalheim
24 stated delineations are done on site.
25
26 Motion to amend failed 3 -4 with Crawford, Brenner, and Nelson in favor.
27
28 Crawford moved to freeze the Hearing Examiner appeal at $750. The Council
29 created the Hearing Examiner system so it doesn't have to hear every decision appeal. It is
30 the opportunity for the average person, who believes that they are interpreting something
31 different in the Code from how the Planning Department interprets the Code. Those people
32 can complain to the Council for free, but the Council set up a process for a Hearing
33 Examiner to hear these things in the Council's place. He has a fundamental problem with
34 saying that an applicant has to pay the Planning Department staff to fight that applicant's
35 appeal. He realizes there are cost implications to the County. The system encourages staff
36 to be diligent and open- minded about issues regarding Code interpretation.
37
38 Caskey- Schreiber stated she is against the motion to amend. There have been many
39 appeals this past year. Much labor goes into those appeals. The cost isn't a deterrent to
40 people who want to pursue that process.
41
42 Brenner stated she is in favor of the motion to amend. The Council doesn't see as
43 many appeals as it used to with the previous Hearing Examiner. The current Hearing
44 Examiner does a good job and is very efficient. The increase is huge.
45
46 Fleetwood asked if there has been an increase in Hearing Examiner appeals in the
47 last year. Stalheim stated he doesn't have that information. There is no fee for Hearing
48 Examiner charges.
49
50 Motion to amend carried 4 -3 with Caskey- Schreiber, Fleetwood, and Kelly
51 opposed,
52
Whatcom County Council, 11/25/2008, Page 14
1 Brenner moved to amend to eliminate fee number 8299 regarding nonconforming
2 structure replacement after natural disaster. Treat it like any other permit. It still has to
3 meet current standards, unless it can't meet those standards.
4
5 Crawford stated he understands the intent of the motion. However, this may really
6 represent a reduction from starting all over with a new building permit. If this is an extra
7 charge to people in natural disasters, it's a little strange. However, this fee may be a
8 shortcut and cost reduction.
9
10 Brenner stated the remodel fees are in the schedule already. This fee doesn't take
11 the place of those fees. Stalheim stated this would not replace a permit fee. This fee is to
12 review the zoning issue. There would be an additional fee for the building permit.
13
14 Caskey- Schreiber stated the permit warrants additional scrutiny because the use is
15 nonconforming. If they allow someone to rebuild something that isn't allowed now, it will
16 take special care and attention. Stalheim stated the staff has to do that review regardless
17 of whether or not a fee is collected for that service.
18
19 Caskey- Schreiber stated she doesn't want to subsidize that service.
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21 Brenner stated the staff will still make sure it meets standards. She asked if a
22 person shouldn't be allowed to live there if they can't afford that fee. She doesn't know if
23 insurance will cover that fee. Not everyone has a lot of insurance.
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25 Crawford asked if this is a new fee. Stalheim stated that fee doesn't seem to be in
26 the schedule now.
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28 Motion to amend failed 3 -4 with Crawford, Nelson, and Brenner in favor.
29
30 Stalheim stated he spoke incorrectly. Fee number 8299 is currently in the fee
31 schedule at $800. They have reduced it by $400.
32
33 Crawford stated he doesn't support the fee schedule. The fees for the Planning
34 Department are very problematic.
35
36 Motion to adopt the ordinance as amended carried 4 -3 with Brenner, Nelson,
37 Crawford opposed.
38
39 6. ORDINANCE AMENDING WCC 10.34, FERRY RATES AND UNIFIED FEE
40 SCHEDULE (AB2008 -375)
41
42 Weimer opened the public hearing and the following people spoke:
43
44 Jim Dickinson, West Shore Drive, Lummi Island, stated he is against the ordinance.
45 No one from the island knows about this. He described the history of ferry operation. In
46 the last year, there have been massive fee increases, with promised increases in services.
47 However, efficiency and services have decreased. The County keeps coming back for more
48 money. People can't afford to drive cars on the ferry. They are walking on. If they
49 increase fees again, ridership will again decrease. The captain, who is paid a very healthy
50 salary, has the same responsibilities as anyone who drives the ferry. Before that, the
51 captain ran the ferry. Return to that model. Fuel costs are going down and won't go back
52 up for a long time.
53
Whatcom County Council, 11/25/2008, Page 15
1 Hearing no one else, Weimer closed the public hearing.
2
3 Caskey- Schreiber moved to adopt the ordinance.
4
5 Brenner stated one reason the Council raised ferry rates was because of increased
6 gas rates. Rates are now half. This isn't something the Council has to approve tonight.
7 She moved to hold in Council until December 9, 2008. Give the residents more time to
8 look at this.
9
10 Weimer stated the Lummi Island residents have had these changes for a couple of
11 months. There was little discussion. For the most part, the changes don't impact regular
12 ferry riders.
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14 Brenner stated that the smaller multi -ride ticket is no longer available. That hurts
15 people who can't afford the larger multi -ride ticket.
16
17 Frank Abart, Public Works Director, stated they eliminated the smaller multi -ride
18 ticket because of a lack of interest. Fewer than ten were purchased the previous year.
19 Changes they made were for the entire operating cost, and not necessarily focused on fuel.
20 There was a big impact from fuel costs.
21
22 (Clerk's Note: End of tape two, side 8.)
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24 Motion to hold failed 1 -6 with Brenner in favor.
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26 Motion to adopt the ordinance carried 6 -1 with Brenner opposed.
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28 7. RESOLUTION ADOPTING THE 2009 BUDGET FOR THE WHATCOM COUNTY
29 FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2008 -379) (COUNCIL
30 ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
31
32 Weimer opened the public hearing and, hearing no one, Weimer closed the public
33 hearing.
34
35 Caskey- Schreiber moved to approve the resolution.
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37 Motion carried 6 -1 with Brenner opposed.
38
39 S. ORDINANCE ADOPTING THE WHATCOM COUNTY 2009 -2010 BUDGET
40 (AB2008 -227E)
41
42 Weimer stated there is a possible fix for the Roeder Home and Sheriff's Office
43 budgets. There is a proposal to form an advisory group for the Roeder Home to make
44 recommendations by the end of April.
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46 Kelly stated the programs won't be cut. Two staff in charge of coordinating the arts
47 programs in general will move into different positions. They will address that issue by
48 appointing a task force on the future use and funding of the Roeder Home. The task force
49 would address how to better use the home for programs, events, public use, and the arts.
50 A group of folks are willing to coordinate nine remaining programs. The task force would
51 also address methods for funding the program and operating costs, in light of current
52 budget reductions. Options include an expanded use of other parts of the facility to make
53 up for losing the use of the second and third floors of the home. A main purpose of the task
Whatcom County Council, 11/25/2008, Page 16
1 force is to allow the community to have discussions with the administration and staff to
2 make the programs already in place more sustainable, possibly by generating more
3 revenue, including raising private funds.
4
5 Fleetwood stated this proposal buys the Council extra time before making a final
6 decision. He hopes the task force will complete its work and present recommendations to
7 the County Council by March 27. Through this commitment, the Parks Department
8 administration would not move into the Roeder Home in January. That possible move would
9 happen later.
10
11 Crawford stated the Council will still pass a budget tonight that only funds the
12 program in the amount of $69,235 for 2009, which continues the program for six months.
13 Zero dollars are budgeted for the program in 2010. He asked if this proposal has no effect
14 on the Executive's proposed budget.
15
16 Mike McFarland, Parks Department Director, stated that is correct. The cultural arts
17 program cuts remain. The remaining funding is the bridge funding used to transition the
18 employees into other positions within the department. The Parks Department budget still
19 has funding to keep the building open and available for reservations. The new proposal is to
20 look at alternatives for cultural arts classes and deal with concerns. Nine classes are
21 currently offered in the winter program. The department will not hire instructors or provide
22 materials for those programs. Groups that have rented the facility in the past will continue
23 to do so. The home is still available for various other programs that are held there, such as
24 the music program. Instructors may book the facility for their own classes. The facility is
25 still available for meetings, retreats, and other similar uses. The nine classes in the winter
26 program are at no cost to the County. They are offered on a contractual arrangement. The
27 instructors will collect fees and teach classes themselves.
28
29 Weimer opened the public hearing and the following people spoke:
30
31 Drew Windsor, 2320 Park Street, Bellingham, stated he is concerned that budget
32 changes have occurred to the Roeder Home without public comment. Many people in the
33 community want to engage. Put a moratorium on any changes to the Roeder Home
34 programs. In the interim, have a County staff person at the Roeder Home who coordinates
35 public efforts get additional funding and interest. If the home is dominated by County
36 administrators, it won't be what it has been in the past.
37
38 Kelly stated that if the County administration is located at the Roeder Home, the
39 home will be available to the public for more hours than it is now.
40
41 Flip Breskin, citizen, stated it's not true that they can cut all the program funding
42 without risk to the program. They risk the permanent loss of the home, given the deed of
43 gift. The music circle can't afford to pay $60 per meeting. They've never paid that amount.
44 Don't eliminate the budget now. The programs will go away. Don't eliminate the Roeder
45 Home program budget.
46
47 Brenner stated she was told that those programs are costing the County $300 per
48 person, per class. Breskin submitted information.
49
50 Ben Schultz, 2115 Young Street, Bellingham, stated he attends the Wednesday night
51 concerts of the Homemade Music Society at the Roeder Home. The concerts are an
52 excellent program. The program runs to capacity. If they need to change the system,
53 make sure they don't make it worse. In terms of the experience of the audience and
Whatcom County Council, 11/25/2008, Page 17
1 performers, it runs better than any other Bellingham venue. The Wednesday night concerts
2 are a model for other arts programs.
3
4 Darren Biery, 1374 West Park Street, Lynden, stated he supports funding the
5 Sheriff's budget. It's likely that actual revenues will be less than anticipated. This is a
6 wakeup call. When things go bad, the crime rate rises. The resident deputy program is
7 highly effective.
8
9 Bernie Crawford, 2911 Woodridge Drive, Bellingham, read information on behalf of
10 Dru Robinson, the founder and artistic. director of Bellingham Children's Theater, the World
11 Intergenerational Theater Institute, and the Viewpoints Theater Ensemble. Bellingham
12 doesn't support the arts. They are losing their spaces for the arts. Retain the Roeder Home
13 as an art and culture venue. The County must invest more in its artists, not less.
14
15 Cody Oaks, 1141 Franklin Street, Bellingham, stated she came to this area from
16 Montana because of the arts, music, and culture in Bellingham. The Roeder Home was one
17 of the attractions. She has attended and hosted concerts because of this program. The
18 Western Washington University arts department is very exclusive. The Roeder Home arts
19 classes are accessible and affordable. Art and music is essential to public health. Get the
20 youth involved to keep the program going as it is.
21
22 Keenan Ward rop- Pederson, Bellingham, stated he likes the Roeder Home. It's been
23 a part of his life for a long time. He's been to many Wednesday night concerts. Friends
24 have used the arts program. The Roeder Home is a centerpiece of the community, and will
25 affect everything if they take away the program. People will have to pay a lot more money.
26 It's like an ecosystem. Things will be much different. He agrees with previous speakers.
27
28 Christine Kendall, 3051 Eldridge Avenue, Bellingham, stated she is a strong
29 supporter of Whatcom County Parks, which are an essential service. Don't close part of the
30 Roeder Home by locating staff in the home. The home is not often open on the weekends.
31 It should be open at least one weekend per month. They may need docents at the Roeder
32 Home. Use the home adjacent to the Roeder home for the Parks Department staff. The
33 home is used for book clubs and weddings. Don't change the venue. Allow the public to be
34 a part of the discussion.
35
36 Shelly Bernstein, 2219 Electric Avenue, Bellingham, stated she is in favor of a task
37 force to consider the Roeder Home. Changes in use could cause the building to be forfeited
38 back to the grantor. Cost of legal challenges and potential litigation would outweigh
39 potential savings from a change in use. Public use and office personnel will not be able to
40 coexist. Once the personnel are in place, it will be difficult for the public to compete with
41 the bureaucracy in place. They must consider, evaluate, and meet the intent and spirit of
42 the original gift.
43
44 Linda Twitchell, 1305 East. Smith Road, stated she was married at the Roeder Home
45 33 years ago. Under the current proposal, someone could not get married at the home.
46 They have to have rooms to change clothes and prepare for a wedding. She has
47 participated in events at the Roeder Home in the past. This is the only way some people
48 have access to the arts, because of the money required to attend concerts. The fee
49 structure drives out long -time volunteers, concerts, and music programs. Folks who
50 participate in these cannot afford a higher rate. Proposed changes will have a huge affect
51 on the quality of life here.
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Sondra Rose, 1748 Electric Avenue, Bellingham, stated she has been a weaving
instructor at the Roeder Home for 16 years. The Roeder Home is the only place people can
go to learn the art of weaving. Many of her students have gone on to be active members of
the county's art community.
(Clerk's Note: End of tape three, side A.)
Rose continued to state that the changes will have a great impact on the community.
The public is not aware of these changes. She's been told she can continue her class, but
without County support or publicity. There are also outstanding questions of liability. She
is happy to hear about the task force, but it's late. Delay consideration of any changes until
the public has been made aware and the task force has made its recommendation.
Cathy Kirschner, 1200 Toledo Street, Bellingham, stated that as someone who is
self - employed, she wishes the County would subsidize her business in the amount of $300
per client. When times get tough, they have to make tough decisions. The Roeder Home is
a nice place, but she and many people she knows have not been there. She prefers to have
the Sheriff's Office funded, the roads fixed, and to fund things that impact all county
residents prioritized above programs such as the Roeder Home. Fees need to cover the cost
of the service. Let the Roeder Home stay open, but the fees should cover the cost of that
service.
Gary Lysne, 2472 North Shore Road, stated he supports the Roeder Home, but he
agrees with the previous speaker. Fees for those classes are around $50. Some of those
are supplemented by $300. All night long, they've heard that there is a shortfall in the
Planning Department and the ferry, and they've increased those fees. All the other County
departments had to cut their budget by 3.6 percent. People who use the Planning
Department have to pay increased fees. People who use the Roeder Home should be
charged the full cost. The program should not be subsidized while everyone else is being
asked to buckle down.
Donna Awer, 935 17th Street, Bellingham, stated there was a lack of public notice on
the agenda, which didn't have the words "Roeder Home." There hasn't been proper public
notice. The Roeder Home is important to the entire county. It is a connection to their local
history. The home's architecture is unique from current homes. The grounds are beautiful,
also. It is a legacy that should be available to future Bellingham generations. Don't use the
home for offices.
Nick Schultz, 2115 Young Street, Bellingham, stated he is in favor of the Roeder
Home, especially the Wednesday night concerts. The venue and tradition are unique to
Bellingham. Performers from all across the country value this venue. The Homemade Music
Society has survived for 36 years because it has no budget, officers, or membership. It is a
tradition. Changing the parameters under which the Roeder Home is used risks disrupting
this rich and valuable tradition. Be careful about how they change the Roeder Home use.
Arianda Feeney -Winn, 3003 Lynn Street, Bellingham, stated she supports the Roeder
Home as it's currently used. The Roeder Home is used for many different purposes. She
was married at the Roeder Home, and they used the entire space during the event. The
entire building is essential for such an event. As a third grade teacher, many children use
the facility for classes and events. Many people use the home. Include the public in the
task force.
Whatcom County Council, 11/25/2008, Page 19
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Tim Douglas, 2114 William Street, Bellingham, stated he is in favor of the proposal
to involve citizens in the decision about what to do with the Roeder Home. This is a historic
structure. Converting the space to offices is not wise. Instead, use the adjacent buildings
for offices, not the actual Roeder Home.
Crawford asked if there has been any discussion historically of the City of Bellingham
operating those programs or the Roeder Home. Douglas stated he is not aware of any such
discussion about this facility. It's something to consider.
Crawford stated he hopes the task force is open to considering it.
Rob Lopresti, 1225 Undine Street, Bellingham, stated he's heard that the $300
subsidy calculation is based on the assumption the Roeder Home gets 500 users per year.
The concerts alone get more than 500 people per year. The Homemade Music Society
webpage that advertises the Roeder Home doesn't cost the County anything. At every
concert, the volunteer makes sure the attendees know they are at a County park. He's
been told by world travelers that there is nothing else like this in the world. That's
Whatcom County's quality of life.
)an Adams, 1709 4th Street, Bellingham, stated the Roeder Home is an historical
home that honors the arts and crafts that have been passed down through history. If they
don't continue to teach those arts, they will be lost. Maintain this home as it was meant to
be.
Crawford asked why the home was gifted to the County and not the City of
Bellingham.
Richard Shultz, 2901 26th Street, Bellingham, described the history of the Roeder
Home. Mrs. Keyes, who donated the home, was excited about using the home for these
kinds of activities. Mrs. Keyes originally thought of donating the home to the museum. She
decided, however, to collaborate with County Parks Department Director Ken Hertz, who
advocated for the program.
Christine Zurline, 1545 Milton, Bellingham, stated she supports the task force for the
Roeder Home. Give it six months and fund it half way next year to give the task force
adequate time to come up with alternative funding. The arts and crafts fair industry started
because of Roeder Home students. Allied Arts of Whatcom County also started at the
Roeder Home. Don't underestimate what the arts industry provides to Whatcom County.
The cut will save $159,000, which is only one dollar per person, not $300 per person.
$159,000 is not much for what they get at the Roeder Home.
Dennis Jones, 1487 Sudden Valley, stated the road fund has taken the biggest hit in
the budget. The Roeder Home task force is a good idea. The Parks Department uses less
than five percent of the County's discretionary budget. The budge total is down this year,
not up. This County has done a wonderful job with the budget.
Steve Harris, Whatcom County Deputies Guild President, stated that when deputies
go to their job, they have to put on a gun and a bullet -proof vest because people in society
would like to kill them, specifically because of what they do. The County should fully fund
the Sheriff's budget, without a reduction. He expects the Council's continued support in
future budget cycles. When times weren't so lean, the Sheriff's Office wasn't fully funded
then. They had to go to the people and ask for a tax increase. People have made it clear
that they want criminal justice fully funded. Honor that commitment. Many things aren't
Whatcom County Council, 11/25/2008, Page 20
1 paid for out of these funds. Until Sheriff Elfo came into office, they had to buy their own
2 guns. There is no excess.
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4 Kathy Berg, 7585 Sterling Avenue, stated she supports to the solution for not cutting
5 $200,000 from the Sheriffs budget. She asked if that's reflected in the document they are
6 voting on tonight.
7
8 Crawford stated it is.
9
10 Kevin Mead, Whatcom County Sheriffs Office Patrol Sergeant, stated he supervises a
11 swing shift crew of four to six people, usually four. Four deputies patrol 1,000 square miles,
12 not including the national forest land, for which they are also responsible. They are spread
13 too thin. They answer 26,000 calls for service per year. That number is increasing. He has
14 to take calls from citizens who don't get the service they would like. The detective division
15 is too overwhelmed with child abuse and sexual crimes that they can't take on felonies such
16 as burglary. Staffing is terribly low. The worse the economy gets, the higher the call
17 volume at the Sheriff's Office. They need to fund criminal justice fully, or they will pay for it
18 later.
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20 Jason Karb, Whatcom County Sheriff's Office East County Deputy, stated he services
21 the Kendall and Columbia Valley area mostly, but he goes wherever he's needed. He
22 primarily works alone. Often times, his radio doesn't work because he's surrounded by
23 mountains. At times his equipment is substandard. A reduction in the Sheriff's Office would
24 affect his ability to properly handle things as they come up. He described his background.
25 Even in times of economic downturns, they must not cut their defenses.
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27 H.K Severson, citizen, stated the Sheriff is the most important law enforcement
28 officer in the nation. He is higher than any federal officer because he's elected by the
29 people. He needs a decent jail.
30
31 John McGarrity, Cornwall Neighborhood Association Chair, stated that if they
32 anticipate a downturn in revenue, there must be a method to deal with it. They can't bring
33 it into the chamber like this. They must talk about it outside of late -night arguments. Don't
34 wait until the last minute to react. One of the things they do wrong is that they do things
35 unfairly. This is the center of the discussion tonight because there is little else they are
36 cutting. Cutting $159,000 from the Roeder Home won't save this county. It indicates the
37 lack of thought that has gone through the process. The recreation program addresses
38 children's needs and affects how the society functions.
39
40 Caskey- Schreiber stated the County is making cuts totaling about $1.5 million,
41 including more than 30 employee positions, ten percent in travel expenses, and $500,000 in
42 equipment. McGarrity stated don't handle this one project this way. It's not healthy, and
43 it's late at night.
44
45 Claudia Hollad, 8240 Birch Bay Drive, Blaine, stated the Sheriff's Department has
46 never been fully funded. They are short ten deputies. Public Safety is essential. The
47 Sheriff should not have to cut anything.
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49 Bill Elfo, County Sheriff, stated he thanks the Council for considering the proposal he
50 brought forward. He asked if it includes keeping the Drug Task Force support staff.
51
52 (Clerk's Note: End of tape three, side B.)
53
Whatcom County Council, 11/25/2008, Page 21
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Crawford stated they are looking at a reduction in the general fund of $200,000 for
corrections. It was a transfer from the general fund to the jail fund in the amount of
$200,000. It wouldn't be another reduction of $50,000. It would be an increase to the fund
for the Drug Task Force. Elfo stated they are paying $36,000 per year for a half -time
position because they are paying the benefits. If they pay the other $20,000, they can
restore the service to full -time.
Hearing no one else, Weimer closed the public hearing.
Mike McFarland, Parks and Recreation Department Director, stated the
administration had the idea for the task force to correct misinformation and collect ideas
presented by the community. A lot of inaccurate information was shared tonight.
Rates and fees were purposely looked at. They've been discussing how to deal with
classrooms and studios. The studio rate is ten dollars per hour with a two -hour minimum.
The Homemade Music Society events are held on the first floor of the Roeder Home and are
ongoing. They've looked at a rate of $18 per hour, which is the County's cost to have staff
present to open and close the building. That's consistent with the budgetary goals of trying
to recover some of their costs. Those are the bare minimum costs.
Someone expressed a concern that a wedding could not be held at the Roeder Home.
The home has bathrooms and other rooms available for changing, even if there are Parks
Department offices in the building.
It's true that some things will change. The Parks Department was asked to reduce
its budget by $575,000. He is looking at 4.8 full -time equivalent (FTE) staff positions in the
department. Only the Roeder Home classes are being considered. They will continue to
maintain the exterior and interior of the home.
Weimer stated some of the fees aren't in the unified fee schedule. McFarland stated
the fees for the Homemade Music Society would be treated as a contract. He just got a list
of their concert dates, so it would be similar to other event agreements, such as the
Highland Games. He has discussed the $18 fee with the members.
Brenner stated people testified that the Homemade Music Society would have to pay
a $60 fee. McFarland stated the Society is now paying $40 for a concert. They are
considering a cost of $18 per hour.
Brenner asked if a volunteer docent could be available to have the home open
instead of staff.
Caskey- Schreiber stated the task force can discuss these options.
Brenner stated she wants to find a solution that works. She would support a
volunteer system so the County doesn't have to charge or increase fees. The house will be
open even longer than it was before. She liked some of the suggestions presented. She is
most bothered by veiled threats of lawsuits. The Council is trying hard to make something
work. Working under threats of a lawsuit doesn't help. She is moved more by people who
are encouraging.
Fleetwood asked if the Council would act on a task force recommendation by the
middle of 2009. McFarland stated he hopes to have a proposal done by then. The bridge
funding will last only until approximately June 2009.
Whatcom County Council, 11/25/2008, Page 22
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Fleetwood asked if they can maintain the arts program until the Council decides on
the future use of the home. McFarland stated they are doing the winter program right now.
They haven't promoted the facility as available for bookings. The winter program goes to
the end of February.
Fleetwood asked if there is a benefit to keeping those program employees in place
until the Council makes a final decision. McFarland stated this is his recommendation to
meet his budget targets.
Caskey- Schreiber stated form the task force. Give them a window of time to come
up with proposals. The task force should consider a proposal to put revenue from the sale
of the Mt. Baker Highway facility toward a future arts program and keeping it going in
perpetuity.
Fleetwood stated that people are concerned because cutting the program now would
make it more difficult to restart the program later. He can live with a brief closure if there
is a commitment to restarting the program. If this closure means the ultimate, long -term
demise of the program, he would rather not cut it right now.
Pete Kremen, County Executive, stated he was touched by the support for the
program. However, there are two issues. First, the Roeder Home is an historical facility.
The second issue is the arts program. The task force objective is to delve into the issue
with a diverse representation. The task force will seriously look at how the County can
best -serve the community while preserving the historical building. He doesn't plan to have
a permanent modification to the historical building. All the rooms used would be left intact.
He would oppose any permanent modification to the structure. He is considering moving
the Parks Department offices into the adjacent building, unless the public wants to use that
adjacent building as a larger venue for gatherings. He would prefer to have the offices in
the adjacent building. Keep the building intact while saving the County money at the same
time.
Weimer moved to adopt the substitute ordinance with the additional information.
Nelson stated do everything possible to maintain the site. He hopes the task force
will find remedies to the concerns. Support the task force. He asked how many staff
people would be on site. McFarland stated there will be seven staff at the facility. Three
staff are there now.
Brenner stated she would like to know the amount of revenue the County receives
from the adjacent building.
Brenner asked if there would be any significant remodeling in the Roeder Home.
Kelly stated $35,000 of fiberoptics would be installed, which involves drilling holes
through the walls.
Crawford stated involve Mr. Hertz on the task force, since he was involved in the
original acquisition.
Brenner moved to not cut any funding from the Sheriff's Office.
(Clerk's Note: This Council did not vote on this motion.)
Whatcom County Council, 11/25/2008, Page 23
1
2 Crawford stated the general fund contribution to the jail has been reduced by
3 $200,000. The Sheriff accepted that reduction because at least that amount would be
4 recovered through the work program fees.
5
6 Kelly asked what happens if they don't recover those fees.
7
8 Crawford stated that if the Sheriff needed that money, he would have to request a
9 supplemental budget request.
10
11 Dewey Desler, Deputy Administrator, stated additional money would come out of the
12 jail fund, which is being saved to build a new jail. If the County doesn't receive all of the
13 projected revenue, the fund balance is reduced.
14
15 Weimer moved to amend the budget to add language Quarle I IIpartmer�ts
t �uw t
16 whin providead�equate��fgr = atankto� ca are actual rev rr ege era *e fr ® °in�fe to
17 bd e ed z feere�renu'es, c If �t1:t g eCou op
Inonh� ee res ° i'n,Zsh�^ pf
g �.� a
uv n Q e f b g
18 budgc;tprolect�ons; theCoucrl�maya the County ErxeGUt�ue.o i?ag' .o!^�ar.. b7► et
19 ad�iistents to „,'address pot nt�al,shortal(s „”
20
21 Crawford asked if that is already a part of the County's quarterly financial report.
22
23 Weimer stated it isn't reported by department or by fee.
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25 Desler stated he supports Councilmember Weimer's motion.
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27 Counci /member Weimer's motion to amend carried unanimously.
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29 Caskey- Schreiber stated the Council has spent many hours working on this budget.
30 They are not making changes on the fly. This is their fourth or fifth meeting about it. It's
31 been a long process. It's the best they can do, and is a good budget for Whatcom County.
32 She's pleased that the administration has hoarded money in the past years, so they have
33 pots of money to use. Whatcom County is much better off than most counties around the
34 state. She thanks the administration for that. The budget includes good reserve factors.
35 They will be okay in the long run. She supports the budget.
36
37 Brenner stated she will not support the budget. She didn't get any of her proposed
38 cuts. People have lost their jobs and aren't getting by. The Council found $50,000 for the
39 food bank, which will need much more than that. The economy will get a lot worse. They
40 must be prepared for the worst. This budget isn't.
41
42 Weimer stated his motion is to approve the latest substitute version of the budget
43 documents as submitted earlier in the day. He asked the point of the language on page five
44 of the budget ordinance, item (F).
45
46 Brad Bennett, Administrative Services Department, stated that language is generally
47 used to deal with end -of- the -year issues when there isn't time to do a supplemental budget
48 request. The Executive has the ability to move money around if something comes up. It's
49 only ever been used for end -of- the -year reconciliations of small amounts of money.
50
51 Weimer stated that language makes him uncomfortable.
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53 Brenner stated that wording has always been in the budget.
Whatcom County Council, 11/25/2008, Page 24
1
2 Weimer asked the point of the language on page four of the budget ordinance, item
3 (B). That language has also been in the budget for many years. He asked if they need to
4 increase the monetary limit, so the road crew can do more projects. Bennett stated they
5 can increase that amount. The road fund has limits to day labor. That $25,000 may be a
6 limitation. He'll have to research it.
7
8 Weimer stated the questions about cost allocation haven't been cleared. This
9 budget doesn't show any cost allocation for developmental disabilities. It is shown as a
10 lump slum under the Health Department administration, but not how it's allocated to the
11 different programs He moved to amend to add language to the ordinance, "W[ihtri`t�ie
12 Health Deparnent Brio tra sfer or allocation of adrm►ntstratrve casts from wha "ts c
13 the HealtDeparrnent�adm�nistration�pragrams .2010 and 2020 to Exhtbjt AoTati.r
14 bra
; gram „,areasshall, occur uuithout reu�ew,and'approual,of „the County,Counc(,”
15
16 Motion carried unanimously.
17
18 Caskey- Schreiber stated the law mandates that the Law and Justice Council meet.
19 She asked if they need $10,000 each year to do that. Elfo stated he doesn't know what
20 that amount is used for. The Northwest Regional Council provides staff services. He isn't
21 privy to their budget.
22
23 Brenner stated many other groups are without money.
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25 Fleetwood stated he's been told that the money is for a secretary, among other
26 things, who takes minutes and keeps the record. Elfo stated they also publish a report.
27 The purpose of the committee is to involve the municipalities, mental health providers, and
28 criminal health communities in a single forum. It's a worthwhile Council.
29
30 Caskey - Schreiber moved to add $5,000 each year for the Law and Justice Council.
31
32 Motion failed 2 -5 with Caskey- Schreiber and Fleetwood in favor.
33
34 Motion to adopt the budget as amended carried 5 -2 with Brenner and
35 Nelson opposed.
36
37
38 OTHER ITEMS
39
40 1. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #12 IN
41 THE AMOUNT OF $22,130 (AB2008 -391)
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43 Nelson reported for the Finance and Administrative Services Committee and moved
44 to adopt the ordinance.
45
46 Motion carried unanimously.
47
48 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
49 CONTRACT BETWEEN WHATCOM COUNTY AND CH2M HILL FOR TECHNICAL
50 SUPPORT TO ESTABLISH A FUNDING MECHANISM FOR COMPLIANCE WITH
51 STORMWATER REQUIREMENTS IN THE AMOUNT OF $79,734.79 (AB2008-
52 395)
53
Whatcom County Council, 11/25/2008, Page 25
1 Nelson reported for the Finance and Administrative Services Committee and moved
2 to approve the request.
3
4 Motion carried 6 -1 with Brenner opposed.
5
6 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
7 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WILSON
8 ENGINEERING FOR THE ACME EARLY CHINOOK RESTORATION PROJECT IN
9 THE AMENDMENT AMOUNT OF $40,000 (AB2008 -396)
10
11 Nelson reported for the Finance and Administrative Services Committee and moved
12 to approve the request.
13
14 Motion carried unanimously.
15
16 4. ORDINANCE ADOPTING THE WHATCOM COUNTY SIX YEAR CAPITAL
17 IMPROVEMENT PROGRAM FOR THE 2009 -2014 PLANNING PERIOD
18 (AB2008 -349)
19
20 Brenner reported for the Public Works and Safety Committee and stated the
21 committee recommends approval with amendments.
22
23 Caskey- Schreiber described the two amendments.
24
25 Weimer stated that if they approve the amendment regarding the Consolidated
26 Services Building, they will have to have another public hearing in January. They can open
27 this up anytime they want, anyway.
28
29 Caskey- Schreiber moved to amend to include the additional stormwater projects
30 according to Craven memo.
31
32 Motion to amend carried unanimously.
33
34 Caskey- Schreiber moved to amend to remove the Consolidated Services Building
35 until they discuss the Capital Facilities Master Plan on December 2, 2008.
36
37 Motion to amend failed 1 -6 with Brenner in favor.
38
39 Weimer stated this item will be scheduled for a public hearing on December 9, 2008.
40
41 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
42 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
43 COUNTY AND THE CITY OF FERNDALE FOR THE PURPOSE OF ANNEXATION
44 AND DEVELOPMENT WITHIN THE CITY OF FERNDALE UGA FOR
45 APPROXIMATELY 45 ACRES IN THE VICINITY OF SLATER ROAD (AB2008-
46 400)
47
48 Fleetwood reported for the Planning and Development Committee and moved to
49 approve the request.
50
51 (Clerk's Note: End of tape four, side A.)
52
Whatcom County Council, 11/25/2008, Page 26
1
Fleetwood stated this is the first time the City of Ferndale will grow until it's adjacent
2
to the
City of Bellingham.
3
4
Motion carried unanimously,
5
6
7
INTRODUCTION ITEMS
8
9
Weimer moved to accept the Introduction Items.
10
11
Motion carried unanimously.
12
13
1.
ORDINANCE EXTENDING THE SUNSET DATE FOR THE DRAYTON HARBOR
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AND PORTAGE BAY SHELLFISH PROTECTION DISTRICTS (AB2008 -401)
15
16
2.
ORDINANCE TO DELETE POLICY 2BB -7 FROM THE CHERRY POINT URBAN
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GROWTH AREA OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
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(AB2008 -402)
19
20
3.
ORDINANCE ADOPTING AMENDMENTS TO THE OFFICIAL V1/HATCO.M COUNTY
21
ZONING ORDINANCE, TITLE 20, CHAPTER 20.40.193,10: PROVIDE' FOR THE
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OPERATION OF WILDLIFE RESCUE REHABILITATION FACILITIES IN 'THE.
23
AGRICULTURE ZONING DISTRICT AS A CONDITIONAL USE, ,AND ALSO
24
AMENDING CHAPTER 20.97 - DEFINITIONS TO INCLUDE ""WILDLIFE RESCUE
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REHABILITATION FACILITIES" (AB2008- 397)
26
27
4.
ORDINANCE ADOPTING AMENDMENTS TO THE OFFICIAL, WHATCOM COUNTY
28
ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS,, AND
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INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED
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STREETSCAPES IN URBAN GROWTH AREAS; AND ALSO ADOPTING
31
AMENDMENTS TO CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY
32
TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE (AB2008 -398)
33
34
5.
ORDINANCE AMENDING DOCKETING PROCEDURES IN WHATCOM COUNTY
35
CODE CHAPTERS 20.10 AND 20.90 (AB2008 -399)
36
37
6.
ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET,
38
THIRTEENTH REQUEST, IN THE AMOUNT OF $679,145 (AB2008 -403)
39
40
7.
ORDINANCE AMENDING TITLE 21, LAND DIVISION REGULATIONS (AB2008-
41
404)
42
43
S.
ORDINANCE AMENDING 2009 UNIFIED FEE SCHEDULE (AB2008 -373A)
44
45
9.
ORDINANCE ADOPTING THE WHATCOM COUNTY SIX -YEAR CAPITAL
46
IMPROVEMENT PROGRAM FOR 2009 -2014 (REVISED ORDINANCE) (AB2008-
47
349)
48
49
50
OTHER BUSINESS
51
52
There was no other business.
53
Whatcom County Council, 11/25/2008, Page 27
1
2 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
3
4 Crawford stated he attended the State Transportation Improvement Board. They
5 passed their 2010 projects and awarded nearly $70 million. However, not one Whatcom
6 County item is on the list for 2010. There are two City of Bellingham projects totally $1.5
7 million.
8
9
10 ADJOURN
11
12 Tpie meeting adjourned at 12:24 a.m. on November 26, 2008.
13
14
15
16 Jill Nixon, Minutes Transcription
17
18 `0ffiW� iiHdU/�pproved these minutes on February 10 , 2009.
19 U/V '�,
20 /��fi, T. NPTC0 ��C���' WHATCOM COUNTY COUNCIL
21 �� y� 41. WHATCOM COUNTY, WASHINGTON
22 _ J: GpuNN
23 -
24 S O
25 I.. \
26 i -n—a- o� p ;(f"o it Clerk Carl Weimer, Council Chair
i►iW"
Whatcom County Council, 11/25/2008, Page 28