HomeMy WebLinkAboutCouncil October 21 20081
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WHATCOM COUNTY COUNCIL
Regular County Council
October 21, 2008
Council Chair Carl Weimer called the meeting to order at 7:02 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
FLAG SALUTE
ANNOUNCEMENTS
Weimer reported for the Natural Resources Committee that the ordinance
amending Whatcom County Code, Title 23, Shoreline Management Program; the
Official Shoreline Map and associated provisions of WCC Chapter 16.16, Critical
Areas, and WCC, Title 20 Zoning Ordinance to update the Whatcom County
Shoreline Management Program in accordance with the requirements of the
Washington State Shoreline Guidelines (WAC 173 -26) and other applicable local,
state, and federal environmental regulations (AB2008 -303) will be held in committee
in order to work through proposed amendments. It will come back at a later date and the
Council will hold a public hearing.
MINUTES CONSENT
Caskey- Schreiber moved to approve the Minutes Consent items.
Motion carried unanimously.
1. REGULAR COUNTY COUNCIL FOR SEPTEMBER 9, 2008
2. SURFACE WATER WORK SESSION FOR SEPTEMBER 16, 2008
3. COMMITTEE OF THE WHOLE FOR SEPTEMBER 23, 2008
4. REGULAR COUNTY COUNCIL FOR SEPTEMBER 23, 2008
OPEN SESSION
The following people spoke:
Whatcom County Council, 10/21/2008, Page 1
1 Kris Ungern, 2095 North Shore Road, stated the Charter amendment regarding
2 district -only voting is deceptive and attempts to overthrow district -only voting, approved by
3 67 percent of the voters in 2005. The Charter amendment should wait for the next Charter
4 review. By putting the issue before the voters now, the Council ignores the will of the
5 people it represents. District -only voting is direct representation. It enhances voters'
6 access to their elected councilmembers in their district, and doesn't preclude dealing with
7 countywide issues. Going back to the way it was means Bellingham voters have an
8 inordinate impact on the composition of the Council. The rural County areas will be under -
9 represented. District -wide voting makes the candidates at -large positions, and increases
10 campaign costs. District -only voting insures that councilmembers will be held accountable
11 to their constituents. Today, certain councilmembers are more focused on their agendas
12 rather than truly representing the interests of their constituents. Those who want to retain
13 district -only voting need to vote against the poorly worded proposed Whatcom County
14 Charter amendment on the ballot.
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16 Marion Beddill, 3600 Seeley Street, Bellingham, stated people are saying they should
17 divert the Nooksack River through a tunnel to flush out Lake Whatcom. That is a bad idea.
18 It won't work. It might take 50 years to flush the volume of the lake.
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20 People play music in the Roeder Home, as operated by the County Parks
21 Department. Don't move Parks Department administration and operations into the Roeder
22 Home. It will interfere with the purpose of a County recreation and information venue, as
23 well as a venue for public activities.
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25 Peter Buck, 2030 - 1st Ave, Seattle, stated he is an attorney representing property
26 owners concerned about the shoreline. They are happy to hear that the Council is going to
27 take more time on the ordinance amending Whatcom County Code, Title 23,
28 Shoreline Management Program; the Official Shoreline Map and associated
29 provisions of WCC Chapter 16.16, Critical Areas, and WCC, Title 20 Zoning
30 Ordinance to update the Whatcom County Shoreline Management Program in
31 accordance with the requirements of the Washington State Shoreline Guidelines
32 (WAC 173 -26) and other applicable local, state, and federal environmental
33 regulations (AB2008 -303). He asked that the public have an opportunity to get involved
34 with the process during this month.
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36 Bill Boyd, 3767 E. 16th Place, Bellingham, stated he is the Bellingham Fire Chief. He
37 supports keeping the Medic One system unified. He thanked the Council for postponing the
38 request approval for the County Executive to enter into an interlocal agreement
39 between Whatcom County and Fire District 7 for the provision of paramedic
40 training in the amount of $331,300 (AB2008 -344) and allowing the two bargaining
41 units a chance to resolve their differences.
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43 The dispute has disintegrated into an emotionally charged fight that has put their
44 internationally - recognized system and citizen safety on the edge of a precipice. The City of
45 Bellingham remains committed to working with the County on providing a unified Medic One
46 program. The arbitration ruling regarding the work dispute hasn't resolved the situation.
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48 The issue of helping to fund the training program is not as troublesome as the
49 potential ramifications if their union decertified from the international association of
50 firefighters (IAFF). One potential outcome of decertification is negative impacts to future
51 collaboration between the County fire service in providing fire and emergency medical
52 service (EMS) in a cost - effective manner. He continues to support both bargaining units,
53 hoping they will still continue their work to find common ground. Without this agreement
Whatcom County Council, 10/21/2008, Page 2
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and with the decertification of Local 3855, the system will fragment and result in needless
duplication of resources and increased expenses for all.
The EMS planning group extensively studied EMS systems, current and projected
costs and revenues, and available options to maintain their high - quality EMS system in
Whatcom County. The resulting plan established the framework for the EMS system for the
next six to seven years. It did not, by design, address all the operational details and
specifics related to system growth, implementation, and operation.
He's concerned and disappointed that some participants in this dispute question Dr.
Wayne's objectivity as the medical program director. Dr. Wayne founded this program 35
years ago and remains committed.
Richard Gilda, Jensen Road, Bellingham, submitted a handout (on file). His handout
is not a reflection on the abilities and qualifications of the Bellingham Fire Department
personnel. There is a power play for a monopoly. He read his handout. Sever ties with
Bellingham and set up an independent system.
Tom Westergreen, 4800 South Pass Road, stated the Council should not to support
the reconveyance discussed in the work session on the proposed memorandum of
agreement with the State Department of Natural Resources for the purpose of
preparing an inter -grant exchange and subsequent re- conveyance proposal for a
transfer of lands within and adjoining the Lake Whatcom Watershed Reservoir for
park purposes pursuant to RCW 79.22.300 (AB2008- 074A). Skagit County's water
reservoir is completely surrounded by a working forest that the State Department of Natural
Resources (DNR) and large private companies manage. That reservoir is very healthy and
has good water. It is under forest practice rules.
They all agree that water quality wouldn't be much difference with or without the
reconveyance. The financial burden is enough to not go forward with the reconveyance.
Much of the recreation planned for the area is already happening in the watershed. With
cooperation and careful planning with the DNR, they can accomplish what the park plan
proposes, without the expense. The idea is that they will have a natural old growth forest if
they don't do anything with the land, and it will solve all their water problems. That's not
realistic. Natural forests are diverse, and prone to fire. A fire in that watershed will make a
negative difference in water quality. With the urban development nearby, the chance for
fire is greater. It takes several hundred years to grow old growth. The landscape plan calls
for management to speed up that process. Last, there are lost revenues and additional
costs. The financial impacts are great, and haven't been considered enough. It's not
responsible to overlook those financial impacts and possible litigation that will result.
Rick Gantman, Mt. Baker School District Superintendent, stated the district is neither
for or against the reconveyance discussed in the work session on the proposed
memorandum of agreement with the State Department of Natural Resources for
the purpose of preparing an inter -grant exchange and subsequent re- conveyance
proposal for a transfer of lands within and adjoining the Lake Whatcom Watershed
Reservoir for park purposes pursuant to RCW 79.22.300 (AB2008- 074A).
The action before the County Council tonight will add to the financial crisis that the
Mt. Baker School District is experiencing. This year, they use $428,000 of reserves, and
made $220,000 in program and service cuts to children to offset a $650,000 budget
shortfall. They project having to make similar cuts next school year, without a reserve to
draw upon. The reconveyance will take an additional $100,000 per year out of the school
Whatcom County Council, 10/21/2008, Page 3
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budget, which will reduce services and programs to some of the highest -need children in the
county. There will also be jobs lost in the district. There is a cascade effect to that. Don't
take any action that will compound the problem. Don't pit parks against children. Find a
new, creative way to move forward with the goal without harming children.
Councilmembers should make sure they consider all impacts of their actions. Don't brush
aside the impact to the district and move forward without considering the collateral damage.
He has no opinion on reconveyance. If they go forward with reconveyance, make sure
there is no damage to the children and the school district. Consider all impacts.
Robert Wilson, IAFF Local 106 President, stated all the locals got together for two
days and hammered out a tentative agreement regarding the request approval for the
County Executive to enter into an interlocal agreement between Whatcom County
and Fire District 7 for the provision of paramedic training in the amount of
$331,300 (AB2008 -344). The agreement didn't go through. He asked for an opportunity
to continue the work toward an EMS plan for all members.
Dan McShane, 1451 Grant Street, Bellingham, submitted a handout (on file). He
thanks the Council for standing up and accomplishing great victory with the Growth
Management Hearings Board. He also thanked the administration, Council Policy Analyst,
and Planning Department staff who worked on this issue.
He described his handout. Many of the areas proposed for reconveyance in the
work session on the proposed memorandum of agreement with the State
Department of Natural Resources for the purpose of preparing an inter -grant
exchange and subsequent re- conveyance proposal for a transfer of lands within
and adjoining the Lake Whatcom Watershed Reservoir for park purposes pursuant
to RCW 79.22.300 (AB2008 -074A) won't be logged, because of the landscape plan. The
protections are in place there. There are high- hazard areas also proposed for
reconveyance. Question whether they will try to reach those areas in the future. Vote for
reconveyance. This park plan is not just for water quality. Very little timber land will be
lost. If that is an issue, they shouldn't have supported the Landscape Plan in the first place.
The lost revenue to the Mt. Baker School District is $24,000 per year, according to
the environmental impact statement.
Ricky Walsh, Benton City, Washington, stated he is the IAFF Sub - District Vice -
President and has been a firefighter for 25 years. The IAFF Headquarters would not block
any agreement between IAFF Local 106 and Local 3855 in their dispute over work
jurisdiction and a request approval for the County Executive to enter into an
interlocal agreement between Whatcom County and Fire District 7 for the
provision of paramedic training in the amount of $331,300 (AB2008 -344). He
encourages resolution and the parties to work together. The IAFF will accept their
resolution.
Seth Cool, Conservation Northwest, 1208 Bay Street, Bellingham, stated he thanks
all for the reconveyance discussed in the work session on the proposed memorandum
of agreement with the State Department of Natural Resources for the purpose of
preparing an inter -grant exchange and subsequent re- conveyance proposal for a
transfer of lands within and adjoining the Lake Whatcom Watershed Reservoir for
park purposes pursuant to RCW 79.22.300 (AB2008- 074A). The Council should
support the proposal. This involves 25 percent of the Lake Whatcom watershed. They are
the wettest and steepest slopes in the watershed. Thirty -five percent of the water that
flows into Lake Whatcom comes from these areas. These areas must be managed well.
Whatcom County Council, 10/21/2008, Page 4
1 The Landscape Plan doesn't do enough. It allows DNR to double the number of logging
2 roads in the watershed. It still allows up to 100 acres of clear- cutting per year. This
3 reconveyance will protect half of those lands, and reduce logging by about 40 acres per
4 year. This is only three percent of non - federal forestlands in Whatcom County. It won't
5 have a huge impact on jobs. According to the DNR, the local revenue impact will be about
6 $185,000. He disagrees with the districts analysis of lost revenue. There are serious flaws
7 with that analysis. The Mt. Baker School District might experience a loss of bond revenue of
8 about $29,000, which would be made up by local property owners in that district. They will
9 not lose a dime. At the same time, this is one more step toward protection of the Lake
10 Whatcom watershed.
11
12 Dave Whitemore, 4214 Van Horn Lane, Bellingham, stated he is a forester and has
13 been involved in managing forests around Lake Whatcom for many years. The timber
14 industry has not had a chance to be heard regarding the reconveyance discussed in the
15 work session on the proposed memorandum of agreement with the State
16 Department of Natural Resources for the purpose of preparing an inter -grant
17 exchange and subsequent re- conveyance proposal for a transfer of lands within
18 and adjoining the lake Whatcom Watershed Reservoir for park purposes pursuant
19 to RCW 79.22.300 (AB2008- 074A). They want a chance to be heard and bring in their
20 professional experts to talk about how forest management can preserve water quality and
21 quantity. No one seems to want to listen to that.
22
23 People say this is only three percent. They've lost timberland in this county. Three
24 percent could be the last percentage to break the industry. It's very crass and cruel for
25 someone to think that percentage isn't important. That represents someone's job.
26 Reconveyance won't do one thing to help water quality and quantity or recreation. He is
27 asking for due process and a chance to be heard. The Growth Management Act (GMA) says
28 they are supposed to preserve resource lands. He will take the County on. Do an
29 environmental impact statement (EIS) and hold public hearings. Litigation will happen if the
30 Council approves this reconveyance. The timber industry was cut out of the Lake Whatcom
31 Management Plan planning process. The industry was almost cut out of this process by not
32 being included on the reconveyance committee, until two councilmembers insisted on it.
33
34 Conservation Northwest is not Whatcom County. The industry is tired of being
35 pushed around by them, and will begin using their tactics, including litigation, to prove the
36 industry's point.
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38 David Parson, 2208 Samish Way, Bellingham, submitted and read a letter from Jeff
39 McKay (on f/ /e)regarding the ordinance amending Whatcom County Code, Title 23,
40 Shoreline Management Program; the Official Shoreline Map and associated
41 provisions of WCC Chapter 16.16, Critical Areas, and WCC, Title 20 Zoning
42 Ordinance to update the Whatcom County Shoreline Management Program in
43 accordance with the requirements of the Washington State Shoreline Guidelines
44 (WAC 173 -26) and other applicable local, state, and federal environmental
45 regulations (AB2008 -303).
46
47 Michael Parson, Lummi Island, finished reading the letter from Jeff McKay by the
48 previous speaker, regarding the ordinance amending Whatcom County Code, Title 23,
49 Shoreline Management Program; the Official Shoreline Map and associated
50 provisions of WCC Chapter 16.16, Critical Areas, and WCC, Title 20 Zoning
51 Ordinance to update the Whatcom County Shoreline Management Program in
52 accordance with the requirements of the Washington State Shoreline Guidelines
53 (WAC 173 -26) and other applicable local, state, and federal environmental
Whatcom County Council, 10/21/2008, Page 5
1 regulations (AB2008 -303). He thanked the Council for taking its time to reconsider the
2 ordinance. One hundred fifty feet is one of the most restrictive shoreline laws in the state.
3 Most are 75 or 100 feet. This distance makes a lot of properties unbuildable, and they lose
4 their value. Most are owned by people who have held the properties for a long time to fulfill
5 a dream of living on a shoreline. Development away from the creek in Birch Bay caused
6 damage, not the properties on the creek. Look at development away from waterfront that
7 will still affect the shoreline. Making these things nonconforming takes away owners'
8 abilities to refinance properties.
9
10 Frank Chmelick, Fire District 7 Attorney, stated he was also a volunteer for many
11 years. They all worked very hard on the EMS Plan in 2005. They contemplated a unified
12 system like King County has, including a variety of governments that banded together to
13 provide a unified system. The plan is underway. In following the plan, District 7 selected
14 firefighters to attend the paramedic training that is nine months long. Approve the request
15 approval for the County Executive to enter into an interlocal agreement between
16 Whatcom County and Fire District 7 for the provision of paramedic training in the
17 amount of $331,300 (AB2008 -344). There are government issues and there are union
18 issues. Government should stay out of union issues. Union issues are based on their
19 private agreements and constitutions. There are other government processes to sort out
20 affairs between employees and government. It will take a long time for the Union to solve
21 this issue. They know for sure that the employees of District 7 will provide the service. Get
22 on with the plan and let the unions solve the dispute. Approve this funding.
23
24 (Clerk's Note: End of tape one, side A.)
25
26 Gary Russell, Fire District 7 Chief, stated he asks the Council to approve the request
27 approval for the County Executive to enter into an interlocal agreement between
28 Whatcom County and Fire District 7 for the provision of paramedic training in the
29 amount of $331,300 (AB2008 -344). The training will meet another element of the EMS
30 Plan. There have been no deviations from the plan. Approving this request validates the
31 plan and the public's trust.
32
33 The 2005 EMS Plan has been endorsed by all the county fire districts, small cities,
34 City of Bellingham, County Fire Commissioner's Association, and the County Fire Chief's
35 Association. They have a unified approach to provide emergency medical services to the
36 county citizens.
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38 District 7 secured the necessary training at a prestigious medical center in Seattle.
39 The trainees are in their third week of a grueling 40 -week training program. They are in the
40 upper percentage of their class. The individuals are dedicated and determined.
41 Neighboring fire districts and fire departments are supporting the trainees with care
42 packages and moral support. They must plan for the future in a unified and diverse system,
43 based on the best interests of the county residents, not private interest groups.
44
45 During all discussions, patient care has not been and never will be compromised.
46 They are all professionals who will strive to deliver the highest level of care possible. The
47 elected and appointed officials are entrusted with the responsibility to lead. He has no
48 second thoughts in knowing that funding this request is the right decision. It's now up to
49 the County Council. Approve the request. He agrees with comments from Chief Boyd.
50 They have fundamental differences. At no time will the citizens of the county ever be in
51 jeopardy.
52
Whatcom County Council, 10/21/2008, Page 6
1 Larry Helm, 4195 Squalicum Lake Road, Bellingham, stated he is opposed to
2 reconveyance discussed in the work session on the proposed memorandum of
3 agreement with the State Department of Natural Resources for the purpose of
4 preparing an inter -grant exchange and subsequent re- conveyance proposal for a
5 transfer of lands within and adjoining the Lake Whatcom Watershed Reservoir for
6 park purposes pursuant to RCW 79.22.300 (AB2008- 074A).
7
8 Professionally, he spent 30 years in the national park system. Many jurisdictions in
9 the western states have bought tracts of land around cities and not provided an operating
10 budget. If they buy public land this close to a city, people will use the land in great
11 numbers. Consider the true cost and develop a realistic operating budget.
12
13 As people arrive, they will use the roads. Northshore Road is already crowded. The
14 other alternatives are Y Road and Squalicum Lake Road, where he lives. Many people from
15 Squalicum Lake Valley have come to the Council to ask that their rural. lifestyle be
16 protected. They don't want large increases in traffic.
17
18 Jason VanderVeen, IAFF Local 3867, stated his Local has not been involved in the
19 EMS jurisdictional dispute between Local 106 and Local 3855. However, they spent two
20 days this last week working on a memorandum of understanding that all three locals agreed
21 upon. The tentative agreement goals were to create a unified system and to provide
22 excellent service to the county citizens. The two parties agreed on several key issues. It's
23 unfortunate that one party has decided to not follow through. There is room to work
24 together. He thanked the Council for the delay in the request approval for the County
25 Executive to enter into an interlocal agreement between Whatcom County and Fire
26 District 7 for the provision of paramedic training in the amount of $331,300
27 (AB2008 -344). He thanked those two Locals for bringing his Local into the negotiation so
28 they could voice their concerns. Both sides made concessions. The two Locals have no
29 choice but to get together and continue working on the agreement.
30
31 Dawn Cannizzaro, Salt Spring Drive, stated she is opposed to shoreline setbacks in
32 the ordinance amending Whatcom County Code, Title 23, Shoreline Management
33 Program; the Official Shoreline Map and associated provisions of WCC Chapter
34 16.16, Critical Areas, and WCC, Title 20 Zoning Ordinance to update the Whatcom
35 County Shoreline Management Program in accordance with the requirements of
36 the Washington State Shoreline Guidelines (WAC 173 -26) and other applicable
37 local, state, and federal environmental regulations (AB2008 -303). Sandy Point is a
38 tiny peninsula. There's not much room for setbacks.
39
40 She is also a volunteer firefighter and emergency medical technician (EMT), and she
41 is the Whatcom County Emergency Medical Services and Trauma Care Council President.
42 Her Council met and approved the EMS plan and the request approval for the County
43 Executive to enter into an interlocal agreement between Whatcom County and Fire
44 District 7 for the provision of paramedic training in the amount of $331,300
45 (AB2008 -344).
46
47 Dennis Jones, 1487 Sudden Valley, stated he was disappointed to hear in the work
48 session on the proposed memorandum of agreement with the State Department of
49 Natural Resources for the purpose of preparing an inter -grant exchange and
50 subsequent re- conveyance proposal for a transfer of lands within and adjoining
51 the Lake Whatcom Watershed Reservoir for park purposes pursuant to RCW
52 79.22.300 (AB2008 -074A) that there is no environmental difference to the water quality
53 between the current use of the lands and the proposed use, to the level that it will sustain
Whatcom County Council, 10/21/2008, Page 7
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itself. This is the best opportunity to own land. He supports having a budget and bringing
in true foresters. Look at what a company like Hampton Tree Farms in Darrington can do
for a city. No opportunity is better than this. The plan is very environmental. The plan
purpose is to keep the land from generating money for the schools. Find another way to
support the schools. Every storm season, brown water flows down Austin Creek all the way
to the Bellingham water intake. They are all aware of why Trillium sold the land to DNR,
and why DNR is willing to give the County $24.2 million worth of land. If they don't do this,
they will have to add $15 million in the County budget over the next two years to support
the Lake Whatcom Management Plan. There are steep slopes that don't produce enough
logs.
Richard Severson, Robertson Road, stated he is against the ordinance amending
Whatcom County Code, Title 23, Shoreline Management Program; the Official
Shoreline Map and associated provisions of WCC Chapter 16.16, Critical Areas, and
WCC, Title 20 Zoning Ordinance to update the Whatcom County Shoreline
Management Program in accordance with the requirements of the Washington
State Shoreline Guidelines (WAC 173 -26) and other applicable local, state, and
federal environmental regulations (AB2008 -303). Marine Drive has no shoulders or
ditches. It is narrow. Bicycles with few lights back up the cars behind them. It is a
substandard road. The Power Company doesn't maintain its right -of -way, and they cause
damage to his property. The pipeline company put a pipeline in front of property that he'd
planned to live on and raise his family. He had to sell the property at a loss.
Dannon Traxler, Langabeer & Tull, P.S., submitted handouts (on file) and stated she
represents clients regarding shoreline issues. She thanked the Council for postponing the
ordinance amending Whatcom County Code, Title 23, Shoreline Management
Program; the Official Shoreline Map and associated provisions of WCC Chapter
16.16, Critical Areas, and WCC, Title 20 Zoning Ordinance to update the Whatcom
County Shoreline Management Program in accordance with the requirements of
the Washington State Shoreline Guidelines (WAC 173 -26) and other applicable
local, state, and federal environmental regulations (AB2008 -303) until they put
together a strong amendment package. She assumes that the nine items they are hearing
about are those outlined in Mr. Stalheim's proposed resolution to reconvene the Citizens
Advisory Committee. That needs to be made clear to the public. Also, don't limit the
amendment package to those nine issues. Include other substantive issues they are
hearing about from the public. They must hold public hearing before adopting any
ordinance that would change administrative procedures. There are problems with that
process.
Gary Lysne, 2472 North Shore Road, stated the County didn't seem to have funds to
handle emergency medical services in 2005, but at the time there were $26 million in the
general fund and $54 million in undesignated funds. People voted for the EMS Plan. The
City and County agreed that the next Medic One unit would be in Ferndale. Approve the
request approval for the County Executive to enter into an interiocal agreement
between Whatcom County and Fire District 7 for the provision of paramedic
training in the amount of $331,300 (AB2008 -344) and let these Union locals fight it
out. A new unit will cut down response times. Make the unit countywide.
He is against the reconveyance discussed in the work session on the proposed
memorandum of agreement with the State Department of Natural Resources for
the purpose of preparing an inter -grant exchange and subsequent re- conveyance
proposal for a transfer of lands within and adjoining the Lake Whatcom Watershed
Reservoir for park purposes pursuant to RCW 79.22.300 (AB2008- 074A). The DNR
Whatcom County Council, 10/21/2008, Page 8
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is already a park. It is open to everyone for recreation. The land is already used for
recreation. Whatcom County is now spending over $500,000 per month more than it is
bringing in. He asked if there is a budget to manage and maintain the property. The
ending fund balance is low. Sales tax revenues are flat. Property tax revenue and building
tax revenue are down. By the end of this year, the Planning Department is projected to be
$2 million in arrears because they aren't taking in revenue to pay for the operation. This is
not the time to buy into a park that is already open to use. Look at the realistic costs of
maintaining the land.
Jane Rubright, 1720 Grandview Road, Ferndale, stated the request approval for
the County Executive to enter into an interlocal agreement between Whatcom
County and Fire District 7 for the provision of paramedic training in the amount of
$331,300 (AB2008 -344) and EMS issue are very close to her, because her husband is
one of the firefighters at Harborview Medical Center being trained. While he is down there,
he will see 900 to 1,000 patients. Each of those six trainees will get a very thorough,
intense training. They will be ready to do what the County needs them to do when they
return.
District 7 is only doing what the voters approved. The voters wanted this done. It's
distressing when people tell her she didn't know what she voted on. She read the plan,
which was very clear. The plan says that Fire District 7 is to staff and manage the Medic
One unit. If this is a union issue, then shame on the IAFF for representing one group over
the other. This shouldn't be a union issue. It should be an issue of what the voters
approved.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated the Council needs to keep control
of the EMS issue regarding the request approval for the County Executive to enter
into an interlocal agreement between Whatcom County and Fire District 7 for the
provision of paramedic training in the amount of $331,300 (AB2008 -344). The
County residents depend on the County Council for representing them to make sure the
residents get the services they need. If one union has control over the people who do this
work, the County is out of control. They can't let that happen.
He is against the reconveyance discussed in the work session on the proposed
memorandum of agreement with the State Department of Natural Resources for
the purpose of preparing an inter -grant exchange and subsequent re- conveyance
proposal for a transfer of lands within and adjoining the Lake Whatcom Watershed
Reservoir for park purposes pursuant to RCW 79.22.300 (AB2008- 074A). It is the
smallest part of the problem. They are not addressing the big problem. This will divert
funds from dealing with the real stormwater problems. It's a bigger economic issue than
they think. They are supposed to retain and protect natural resource lands. Timber is a
renewable resource. In the future, they will need more of it, not less of it. Three percent
cumulatively adds up to a lot of lost timber land.
Willy Spalding, 2200 Williams Street, Bellingham, stated there are two advance life
support (ALS) stations in the county. One is at Grandview Road and Enterprise Road. It
has a response time of less than four minutes to Ferndale. The other ALS unit is at Smith
Road and Hannegan Road to serve Lynden and the East County. The response time to
IVugent's Corner, five miles away, is approximately seven minutes. The County is well -
covered with two ALS paramedic systems in the county. The county citizens must know
there is ALS in the county. They don't respond from the City of Bellingham.
Whatcom County Council, 10/21/2008, Page 9
1 John Granger, 2176 Granger Way, stated he has been involved in Whatcom County
2 EMS since 1976. The issue is about who is covering the county. Whatcom Medic One is
3 covering the county. The other issue is about who is staffing Medic One. A plan was put
4 together after the City of Bellingham government talked about pulling its support of Medic
5 One. They put together a unified plan, which included a fifth Medic One unit staffed by Fire
6 District 7. That plan was for the future. They have good coverage now. They are planning
7 for the future. He explained the current system. Let the unions battle it out. Fund the
8 request approval for the County Executive to enter into an interlocal agreement
9 between Whatcom County and Fire District 7 for the provision of paramedic
10 training in the amount of $331,300 (AB2008 -344).
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12 Bob Busch, Lummi Island Fire District 11 and Whatcom County Fire Commissioner's
13 Association President, stated the Council should vote for the request approval for the
14 County Executive to enter into an interlocal agreement between Whatcom County
15 and Fire District 7 for the provision of paramedic training in the amount of
16 $331,300 (AB2008 -344). Give the Union locals the time they need to reach an
17 agreement. The end of the school term is a good deadline for an agreement.
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19 Rich Kittinger, IAFF Local 106 Executive Board Member, stated they talked about the
20 two days of negotiations that occurred. They came to a tentative agreement. He had
21 hoped that he could have told the Council tonight to approve the request approval for the
22 County Executive to enter into an interlocal agreement between Whatcom County
23 and Fire District 7 for the provision of paramedic training in the amount of
24 $331,300 (AB2008 -344) and integrate District 7 into the EMS system. Unfortunately, the
25 agreement didn't talk about the labor issues. They have to make that work. Approving the
26 request tonight would set them off in the wrong direction. He's heard from Local 3855 that
27 they may not want to talk anymore and will walk away from the IAFF. They must work this
28 out. He would love for Council to compel districts to work it out.
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30 Rob Roy Graham, Fire District 14, stated District 14 would like to see Whatcom
31 County maintain Medic One as a fire -based unified system as specified in the 2005 draft.
32 District 14 does not have the revenue to sponsor its own paramedics. Should District 7's
33 separation lead to other districts wanting to sponsor their own aid units, the resulting
34 potential collapse could lead to the end of the excellent system, as they know it now.
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37 PUBLIC HEARINGS
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39 1. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION (AB2008-
40 346A)
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42 Weimer opened the public hearing and, hearing no one, closed the public hearing.
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44 Brenner moved to approve the resolution.
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46 Motion carried 6 -0 with Fleetwood out of the room.
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49 OTHER ITEMS
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51 S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
52 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT
Whatcom County Council, 10/21/2008, Page 10
1 7 FOR THE PROVISION OF PARAMEDIC TRAINING IN THE AMOUNT OF
2 $331,300 (AB2008 -344)
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4 Brenner moved to approve the request. The issues are between the union groups,
5 not with the County. She read from the emergency medical services (EMS) plan and the
6 information on the ballot, which the Council agreed to. Everyone unanimously voted to put
7 it on the ballot. There was discussion before everyone signed on to this plan. Many people
8 lobbied for this plan, including the tax increase. She's not usually in favor of tax increases,
9 but she lobbied for one based on this plan. It's unfortunate that there are other
10 disagreements. Chief Fields simply tried to mediate a resolution, and isn't supporting
11 anyone's position. Before everyone signed onto the tentative agreement, there was
12 discussion. Chief Fields was told that Local 106 brought up Union concerns and was advised
13 to work on the countywide agreement if they want this plan to pass. It never came up.
14 She never heard about it. Let the union people work out their issues. This is not a union
15 plan. The plan says that the training will be paid by the EMS levy. Fire District 7 agreed to
16 pay for half the training cost. That's fine. The County should do what it agreed to do.
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18 Fleetwood moved to table. He had said he would support the funding if the two
19 parties get together and work out their differences. They worked on something last week.
20 They still need to get together and reach an agreement. The County must exert what
21 pressure it can on the parties to resume negotiation and reach an agreement, for the long -
22 term benefit of the program. That is the only solution. A number of people have said they
23 are close to working this out. He is in favor of tabling the issue for two more weeks. Two
24 weeks ago, Bellingham Fire District authorities were very opposed to the County approving
25 this money and having these paramedics go to Harborview Medical Center. Now, according
26 to the tentative agreement, they've said that's okay. They money doesn't need to be
27 released right now. Both sides acknowledge that. They can table this issue and allow these
28 parties the chance to negotiate a solution.
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30 Caskey- Schreiber stated she agrees with Councilmember Fleetwood. Allow the
31 service providers to craft an agreement that will keep the system unified. They still need to
32 agree on how the system will work, and how the new unit will back up the existing system.
33 This is the best system in the state. She wants to save it. Table the issue or approve it
34 conditioned upon an agreement between the parties before the money is distributed. That's
35 the only leverage the County has to make this work. They need to figure out to whose
36 standards the equipment will be maintained. They need to figure out who will be in charge
37 of it. They should work out these things ahead of time. She's afraid it will be easy to drift
38 apart on the issues and begin misinterpreting their original intentions. Don't have different
39 standards for the two units. The standards should be the same. Condition approval with
40 the requirement that the two parties reach an agreement.
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42 Nelson stated that this is the first time he's ever seen an incident where health care
43 is based on union affiliation.
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45 (Clerk's Note: End of tape one, side 8.)
46
47 Nelson continued to state that each and every member are individuals who will be
48 trained to the highest possible quality. They all go through the same testing. Their
49 qualifications are assured. They are already being paid for. He doesn't understand the
50 argument and the reason for choosing sides and pointing fingers. They're already doing
51 this. All the County is doing is living up to its agreement with the voters in the community.
52 Providing quality care has nothing to do with a person's union affiliation. Don't make this a
53 union issue.
Whatcom County Council, 10/21/2008, Page 11
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2 Brenner stated they all have to meet the same standards. No one has doubted the
3 standards of Local 106. However, they have started a rumor of fear about standards in Fire
4 District 7. Fire District 7 has an excellent rating. There's never been a complaint about the
5 district. The County asked the district to do this because the City of Bellingham and Local
6 106 threatened to pull the service a few years ago. Fire District 7 didn't volunteer to
7 provide the service, but said yes when asked. Now, they're being treated like second class
8 citizens. Give them the same respect they've given Local 106 all along. This happened
9 because of the threat of withdrawal. Waiting two more weeks will cause more people to be
10 afraid and to worry. No one will provide less -than qualified treatment. The councilmembers
11 work for the public not the union.
12
13 Fleetwood stated the need for the parties to come together and achieve a resolution
14 is underscored by the high emotions about the issue. It's astounding that the Council won't
15 use the opportunity to exert pressure on the parties to resolve the issue.
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17 Caskey- Schreiber stated she's focused on the issue of two different towns and
18 jurisdictions. She's concerned about how these two will interface. Ferndale has one unit. If
19 it's out on a call and needs backup, there is a question of whether that will happen. She's
20 concerned about whether they will have the same level of equipment that Bellingham has.
21 It's not unreasonable to try to insure they maintain a unified system. They have an
22 opportunity to make sure that happens.
23
24 Kelly stated the two sides are close. They weren't close two weeks ago. The two
25 sides need to get together. Allow the two sides to continue discussions, which will benefit
26 the future of Whatcom County. Table the request, because the parties are close to
27 compromise.
28
29 Brenner stated only one of the parties said they were close to a negotiation. She
30 talked to the other party, who voted down the deal unanimously. It took the authority
31 completely away from one Local and put it into the hands of the other Local.
32
33 Weimer stated he supports the motion to table. It has nothing to do with supporting
34 District 7. The plan clearly says the next paramedics will be in District 7. No one argues
35 that they won't be. The argument is about how the paramedics from District 7 will interact
36 with the paramedics from Bellingham. There is still some discussion about whether Dr.
37 Wayne will be able to certify these people. He doesn't want to solve this argument. Give
38 them two weeks to solve it themselves. This doesn't reflect well on the fire unions in the
39 county, who should be their heroes.
40
41 Brenner stated she hopes they do work it out. Keep in mind that they are in this
42 position because the one provider threatened to cancel its service. The County must make
43 sure it's never held hostage again. They don't operate the plan. This is a County plan.
44
45 Caskey- Schreiber stated they threatened to pull the service because they couldn't
46 afford to continue the service. That's why the County created the levy and crafted the plan.
47 They didn't threaten to withdrawal arbitrarily and capriciously. Saying that misrepresents
48 their overall care and service to this county. They are very dedicated to serving the
49 citizens. They have two units in the county. It's disrespectful to malign them by saying the
50 move they made was arbitrary.
51
52 Brenner stated it's not okay to malign either side. The quality of service has never
53 been in question. The question is about the backup. They are here today because that
Whatcorn County Council, 10/21/2008, Page 12
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happened. This shouldn't be about either side. This is about something the County was
forced into doing. The councilmembers are supposed to represent all the citizens. She
recalls that they would have withdrawn the service if their ballot measure didn't fail. IVo one
has ever had any problem with service except the people who raised questions about
District 7.
Motion carried 4 -3 with Nelson, Brenner, and Crawford opposed.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 12.
Motion to approve Consent Agenda items one through 12 carried
unanimously.
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -70
TO SOLE BIDDER, WATERS ELECTRIC, INC. FOR RETROFIT OF LUTRON
LIGHTING IN THE COUNCIL CHAMBERS IN THE AMOUNT OF $50,406
(AB2008 -355)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SIEMENS BUILDING
TECHNOLOGIES TO REPLACE PNEUMATIC CONTROLS WITH ELECTRONIC
DIRECT DIGITAL CONTROLS IN THE WHATCOM COUNTY ]AIL, IN THE
AMOUNT OF $133,854 (AB2008 -356)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
THREE -YEAR CONTRACT BETWEEN WHATCOM COUNTY AND HEALTHCARE
MANAGEMENT ADMINISTRATORS, INC. FOR ADMINISTRATION AND CLAIMS
PROCESSING FOR THE SELF - INSURED MEDICAL PROGRAM IN THE AMOUNT
OF $40.14 PER EMPLOYEE PER MONTH IN 2009; $40.42 PER EMPLOYEE PER
MONTH IN 2010; AND $40.67 PER EMPLOYEE PER MONTH IN 2011 (AB2008-
357)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -71
TO SOLE BIDDER MEYERS GENERAL, INC. FOR THE REPLACEMENT OF A
CASHIER'S COUNTER IN THE TREASURER'S OFFICE IN THE AMOUNT OF
$38,157 (AB2008 -358)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WATERS ELECTRIC, INC. FOR
LIGHTING RETROFIT AT THE WHATCOM COUNTY CIVIC CENTER ANNEX IN
THE AMOUNT OF $49,462.32 (AB2008 -359)
6. REQUEST APPROVAL OF US EPA GRANT MONIES IN THE AMOUNT OF
$433,736 OVER FOUR YEARS TO IMPLEMENT THE RECOMMENDATIONS IN
THE BIRCH BAY CHARACTERIZATION AND PLANNING PILOT STUDY
(AB2008 -360)
Whatcom County Council, 10/21/2008, Page 13
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7. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR
UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEARS
2009/2010 (AB2008 -361)
S. RESOLUTION AMENDING CRP #904002 TO INCLUDE THE CONSTRUCTION OF
THE HANNEGAN ROAD /SR544 POLE ROAD SIGNALIZATION PROJECT AND
APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD A CONTRACT TO LOW
BIDDER STRIDER CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$2,418,234.01 (AB2008 -362)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LOCAL
AGENCY STANDARD CONSULTANT AGREEMENT WITH SHEARER DESIGN, LLC
FOR THE DESIGN OF A REPLACEMENT STRUCTURE FOR SULPHUR CREEK
BRIDGE #422 ON BAKER LAKE ROAD IN THE AMOUNT OF $118,991
(AB2008 -363)
10. REQUEST APPROVAL OF AMENDMENT NO. 1 TO THE SUB - RECIPIENT
AGREEMENT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND THE WHATCOM CONSERVATION DISTRICT, INCREASING THE
AGREEMENT AMOUNT TO $248,147 TO PROVIDE THE FULL GRANT BUDGET
ALLOCATED FOR COORDINATION (AB2008 -364) (COUNCIL ACTING AS THE
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY CONSERVATION CORPS FOR SALMON RECOVERY,
WATER QUALITY AND SHELLFISH PROTECTION PRIORITIES IN
PARTNERSHIP WITH NSEA IN THE AMOUNT OF $61,750 (AB2008 -365)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT TO THE CONTRACT BETWEEN WHATCOM COUNTY
AND COMPU -TECH, INC. FOR THE DEVELOPMENT AND DESIGN, AS WELL AS
TECHNICAL DOCUMENTS, FOR PHASE 1 THOUGH PHASE 3 OF THE WHATCOM
COUNTY JAIL RECORDS MANAGEMENT SYSTEM UPGRADE, INCLUDING AN
EXTENSION OF THE TERM OF THE ORIGINAL CONTRACT AND AN
ADDITIONAL $20,000 TO COMPLETE (AB2008 -366)
OTHER ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 23, SHORELINE
MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP AND ASSOCIATED
PROVISIONS OF WCC CHAPTER 16.16, CRITICAL AREAS, AND WCC, TITLE
20 ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY SHORELINE
MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF
THE WASHINGTON STATE SHORELINE GUIDELINES (WAC 173 -26) AND
OTHER APPLICABLE LOCAL, STATE, AND FEDERAL ENVIRONMENTAL
REGULATIONS (AB2008 -303)
Weimer reported for the Natural Resources Committee and stated this item was held
in committee.
Whatcom County Council, 10/21/2008, Page 14
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2. RESOLUTION REQUESTING THAT THE COUNTY EXECUTIVE RECONVENE THE
SHORELINE CITIZEN ADVISORY COMMITTEE TO REVIEW AND, AS NEEDED,
RECOMMEND AMENDMENTS TO THE SHORELINE MANAGEMENT PROGRAM AS
REQUESTED (AB2008 -351)
Weimer reported for the Natural Resources Committee.
3. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $304,598 (AB2008 -350)
Nelson reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Motion carried unanimously.
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH BROWN AND CALDWELL TO ASSIST IN TECHNICAL
REVIEW OF THE LAKE WHATCOM TMDL WATER QUALITY FINDINGS IN THE
AMOUNT OF $130,787 (500/b TO BE PAID BY THE CITY OF BELLINGHAM
THROUGH INTERLOCAL AGREEMENT) (AB2008 -353)
Nelson reported for the Finance and Administrative Services Committee and moved
to approve the request.
Motion carried unanimously.
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM TO ESTABLISH COST SHARING OF THE BROWN AND
CALDWELL CONTRACT FOR TECHNICAL REVIEW OF THE LAKE WHATCOM
TMDL WATER QUALITY FINDINGS (AB2008 -354)
Nelson reported for the Finance and Administrative Services Committee and moved
to approve the agreement.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE STATE DEPARTMENT OF NATURAL
RESOURCES FOR THE PURPOSE OF PREPARING AN INTER -GRANT EXCHANGE
AND SUBSEQUENT RE- CONVEYANCE PROPOSAL FOR A TRANSFER FOR
LANDS WITHIN AND ADJOINING THE LAKE WHATCOM WATERSHED
RESERVOIR FOR PARK PURPOSES PURSUANT TO RCW 79.22.300 (AB2008-
074B)
Weimer reported for the Special Committee of the Whole.
Brenner moved to hold in Committee of the Whole and bring back after the budget
process.
Motion failed 3 -4 with Weimer, Fleetwood, and Brenner in favor.
Caskey- Schreiber moved to approve the request.
Whatcom County Council, 10/21/2008, Page 15
1
2 Crawford asked what happens to the project if the motion does not pass.
3
4 Pete Kremen, County Executive, stated it's been about a year since the proposal was
5 put forward. He understands that the Council has to make tough decisions. He doesn't
6 have an answer to the question, but the Council needs to move forward on something
7 tonight. Tabling the issue seems to be a recurring habit. The Council must move forward.
8 The Council will begin to deal with a very challenging budget. There are several other
9 issues on which they need to move forward. If the Council does not muster enough support
10 for this effort, he would live by that decision and probably move on to other things.
11
12 Caskey- Schreiber stated the Committee of the Whole discussed this at length earlier
13 today. She won't berate points already made. She questions statements that were made
14 on behalf of the Washington State Department of Ecology (Ecology). Ecology is a State
15 agency working with the State Department of Natural Resources (DNR). In some respects,
16 Ecology is trapped, because it can't criticize the practices of DNR, another State agency.
17
18 The biggest threat from logging in the watershed is that the practice exposes soils,
19 and creates risk of runoff, landslides, and mass wasting. Even with the Landscape Plan,
20 there may be 43 miles of roads added to the watershed. The reconveyance will significantly
21 reduce their risk of delivering more phosphorus and sediment to Lake Whatcom. It's one of
22 the best things they can do for the cost, compared to other fixes. Make sure the drinking
23 water supply suffers no more degradation. They have an opportunity to stop degradation.
24 This is a small portion of all the money put into land acquisition. The value for the cost is
25 much bigger. She is strongly in favor of the reconveyance proposal.
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27 It's true that they can use the land for recreation purposes right now. Many cities
28 have reservoirs with old growth forest around them, which is the best way to maintain
29 water quality. Approve the reconveyance tonight.
30
31 The reconveyance is also the best thing fiscally. The next water treatment option is
32 reverse osmosis, which requires a very expensive filtration system. This is preventative,
33 which is better than having to provide a cure.
34
35 Nelson stated the reconveyance would help the watershed, just as forestry practices
36 with good management would also help the watershed. The value they're looking for isn't in
37 relation to the outcome. The inter - jurisdictional plan doesn't talk about using 8,000 acres
38 as a park. There are concerns about the impacts from human activities. Park activities
39 result in water quality impacts.
40
41 There are many reasons why they shouldn't vote for this. Reasons include costs to
42 the school districts, lost revenues to the County, and the economic impact of lost jobs.
43 Councilmember Caskey- Schreiber worked diligently to protect farmland. They are also
44 working hard to protect water quality from agricultural practices. It's appalling that she
45 wouldn't share the same desire to protect forestry practices. Forestry practices are
46 suffering incremental decreases. Over half of Whatcom County is protected forestland
47 already. They keep forgetting about that. They have already restricted forestry practices.
48 They keep incrementally reducing revenues, and soon they won't have a mill. This three
49 percent of all the forestry practices may or may not break the industry. They need to talk
50 about that. There is a lack of justification.
51
52 They keep talking about this doing a lot for Lake Whatcom. The County has limited
53 resources. They are not working on stormwater and issues clearly identified as causing
Whatcom County Council, 10/21/2008, Page 16
1 phosphorous loading in Lake Whatcom, which are human impacts. Now they want to add
2 more people to the watershed.
3
4 He doesn't understand the reason for more than doubling the amount of parkland.
5 The land is already protected by the DNR trust. Adding that much more parkland doesn't
6 make sense.
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8 There are possible conflicts with neighboring activities. There is access to the high -
9 powered tension lines that go through many of the forestlands. People take those access
10 routes and go onto private properties. Forestry practices surround these proposed
11 parklands. They will receive impacts that no one has addressed.
12
13 Because of these problems, they may end up with more than three percent of the
14 forestlands because owners will convert the lands. Galbraith Mountain is already
15 surrounded by this park.
16
17 There will be liability issues. Now, anything happening on DNR land is the State's
18 responsibility. Now, the County doesn't do anything if there are mass wasting events,
19 which can occur to natural forests.
20
21 There is an idea of approving a memorandum of agreement (MOA) first, while
22 continuing to look into these questions. Mr. McFarland and everyone else indicated that
23 once they approve this MOA, the County is committed to the reconveyance. Committing to
24 this MOA is telling the public that the Council doesn't care about all these issues.
25
26 Fleetwood stated people have said that 8,000 acres constitutes three percent of the
27 forestry practices in Whatcom County. They've been told that approximately 150 acres per
28 year will be logged. Annually, the reduction in forestry practices in Whatcom County will be
29 less than one -tenth of one percent.
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31 Nelson stated that's what they said about agriculture.
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33 Crawford stated he doesn't agree with the math. It is three percent of the 100
34 percent. Various areas are logged. They can't take three percent of three percent.
35
36 Brenner stated everyone has different numbers. She doesn't know the answers.
37 Allow time to gather more concrete estimates during the budget process.
38
39 It's unbelievable to say that Ecology can't say what it thinks. Ecology said what it
40 thinks. Ecology said that commercial forestry practices were not a significant cause of
41 phosphorus or any other pollutants in the watershed. Ecology said that development is the
42 significant cause. The total maximum daily load (TMDL) study executive summary talks
43 about having fewer acres of development to reduce total development in the watershed. It
44 doesn't say anything about reducing commercial forestry practices in the watershed. If
45 Ecology thought those practices were significant, it would have said so.
46
47 This is going to cost a lot of money. The County doesn't have a lot of money to buy
48 development rights, create a program to transfer development rights, or do all those things
49 they know will provide a big benefit to the watershed. The environmental benefits of either
50 option are similar to the other. Therefore, it is not a water quality issue. It's about cost.
51 The budget process is to get stable estimates. They've heard from the Mt. Baker School
52 District Superintendent. They owe him the respect of thinking his estimates may be
Whatcom County Council, 10/21/2008, Page 17
1 accurate. She wants to see what programs they're giving up to protect Lake Whatcom by
2 creating a park.
3
4 Someone said people won't come to the park. She got a call from a recreational
5 magazine in Seattle about whether they've voted to reconvey. This park will be close to the
6 city and impacted by human activity. If the environmental impacts are similar either way,
7 the only difference is the cost. Don't go ahead with the agreement until they look at the
8 budget.
9
10 People are worried about what other cuts the County is making in its budget. The
11 position in the Treasurer's Office to set up the low- interest loan program for onsite sewage
12 is being cut. That means the County won't have any way to help people do that. These
13 things need to be vetted through the budget process, no matter how they end up voting.
14 It's a budget item.
15
16 Caskey- Schreiber stated there is no way a park will have the same impact as a
17 logging practice. A park will not add 20 to 40 miles of new logging roads that will
18 eventually be abandoned. The DNR will not have a staff person up there periodically to
19 check on the condition of the freshly logged and replanted forest. It takes ten to 15 years
20 to grow the forest canopy. They will have exposed soils and sediment delivery to streams
21 during all that time. No one in the scientific community would agree that logged lands have
22 the same environmental benefits as old growth forest.
23
24 Brenner read a 2001 letter to the Commissioner of Public Lands from the Department
25 of Ecology, which says the significant source comes from development, not from State
26 forestlands. The letter was written before they enacted the Landscape Plan, which is the
27 strictest in the state. The same people who pushed for the plan wanted them to do away
28 with the plan when they started advocating for the park. She doesn't know where they will
29 get the money to maintain the park.
30
31 Reconveyance has been portrayed as a significant way to protect water quality,
32 compared to what exists now. That's disrespectful to the forestry community and all the
33 work they did on that Landscape Plan. There will be logging in the park, anyway. The
34 difference in the amount of logging that will happen is only 40 acres per year. They won't
35 create significant problems from well- managed commercial forestry. The residents of
36 Whatcom County can publicly use the lands as they want to right now.
37
38 Crawford stated he appreciates the Executive and others for bringing this forward
39 and trying to protect resources and Lake Whatcom. However, he is against the
40 reconveyance. If they could do this long -term at no cost to anyone, it would be an easy
41 decision. He really likes the proposal. However, he has not resolved the financial
42 implications. They haven't come up with a good solution for the Mt. Baker School District.
43 He thanked Parks Director McFarland for explaining the facts to him.
44
45 He spoke with State Representative Kelli Linville. From the State's perspective,
46 about $600,000 hangs in the balance. Of that, the only cost effect is $120,000 among the
47 local taxing districts per year for the next 20 years.
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51 Crawford continued to state that the rest of the $600,000 is revenue that goes to the
52 State. It's bothersome to think that the lost revenue is the State's problem. He doesn't
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necessarily believe in exporting money to Olympia at the expense of the watershed, but
they shouldn't dismiss that lost revenue as a non - issue.
Another question is the impact to the timber industry. He likes the idea of a park,
but this is a financial question. They do their best to protect agriculture. With agriculture,
they know that if there isn't enough agriculture going, the industry can't sustain itself. The
timber industry is the same way. That industry has been devastated in other parts of the
state. That's a reality of the industry, whether or not it applies to this reconveyance.
Respect the industry and the economy from that industry. The industry has made progress
in recognizing its role as responsible stewards of the land. The lands aren't managed day -
to -day, but neither does the industry walk away from the lands, any more than a farmer
walks away from a planted field of corn until harvest. The timeframe is just longer. It is
active management and good stewardship.
Caskey- Schreiber stated her comment was not that foresters are doing wrong, but
that DNR is not actively doing enforcement.
Crawford stated he disagrees. DNR does a lot.
Fleetwood stated this item is just a preliminary agreement. It is not the final
reconveyance. He asked if the administration considered the financial impacts to other
entities, such as the Mt. Baker School District.
Kremen stated the State has not done a good job funding education. He has a
problem with any county having to augment what the State is mandated by the State
Constitution to do. The State's paramount duty is to fund public education. He would like
to see the Mt. Baker School District made whole. He would like to move forward, and come
up with a way to achieve that. However, when the State passes down laws to protect the
environment and quality of life, they don't reimburse taxing districts or schools districts for
loss of revenue. The school district could be made whole.. He would work toward that end,
if the Council moves forward.
This is a once -in -a- lifetime opportunity. It's not all beneficial, but the advantages
out -weigh the disadvantages. It is visionary and bold. Generations will be able to look back
and enjoy this forever. It's possible that the DIVR may decide to surplus their land in the
future. That's what the private timber industry is doing right now. It is an opportunity to
provide an asset that is second -to -none in terms of recreational opportunities so close to an
urban area.
Brenner stated she doesn't know if DNR has the right to surplus the property. Given
everything that has happened in Whatcom County to protect that watershed, such as the
Landscape Plan, they won't be able to do that. It's unlikely that that anything more
detrimental will happen to the watershed. The Landscape Plan is a policy statement. She
asked the amount of lost revenue to Whatcom County. There are liability costs and lost
revenue. If this is a once -in -a- lifetime opportunity, it's important enough to go through the
budget process.
Caskey- Schreiber asked the validity of whether this land can be surplused to another
pa rty.
Bill Wallace, DNR Region Manager, stated these lands are to be managed for forest
management. They are not to be sold. The DNR can't sell the lands, but it can exchange
them. The DNR has previously exchanged land with Trillium for land in the watershed, and
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the County's request. The County also requested that DNR go through a landscape plan,
which it did. The legislature can change the makeup of the trust in the future.
Caskey- Schreiber stated the lands could be exchanged, and another entity could
manage them in the future.
Weimer stated he has some serious questions about the budget. The advisory
committee recommended a conservation easement, which is not in the budget. There is no
plan for that. The advisory committee also recommended that they reimburse the school
district, but that is not budgeted or planned. The Parks Department has taken the most
severe budget cuts. However, they think they will have more personnel to patrol these
8,400 acres in the future. The conservation futures fund, which was supposed to pay for all
of this, has been eliminated the second year of the budget. There is a huge lack of money
in the administration's budget to move forward on higher - priority Lake Whatcom protection
programs. They are going to spend the money they have left after they severely cut the
budget to implement a reconveyance that is not a high priority. The City of Bellingham
brought forward a park plan for areas around Lake Whatcom. There are many legal
questions that haven't been answered. Tonight, the Council is forced to make a decision
because people didn't want to wait two more weeks. That's unfortunate. They could have
gotten answers if they'd worked through the budget.
However, this is a marvelous opportunity for the lake and a park. There is no doubt
it will benefit the lake. He doesn't agree with all the arguments made to vote against the
reconveyance. For the most part, they don't make much sense. He wants more
information about how to move forward on the budget for this item, but he won't get that
time or information. Therefore, he will vote for the reconveyance and hope to address the
budget issues as they address Lake Whatcom. He will bring forward things for the budget
to pay for a conservation easement and make sure there is a way to reimburse the school
district.
Nelson stated it's unfortunate this was presented to the Council and taxpayers this
way. It's not true that this is a once- in -a- lifetime opportunity. DNR lands are always
available for reconveyance. Don't do this during an economic downturn, when people are
hurting. Now, more jobs will be lost. They are not going to get the information they are
looking for through the budget process. The MOA has to go through its process, and DNR
will come to the Council in about two years with the result. If the timing were better, this
would be a good idea. It's not now.
Motion carried 4 -3 with Nelson, Brenner, and Crawford opposed.
7. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ESTABLISH
DEVELOPMENT REVIEW PROCEDURES FOR THE INSTALLATION OF WIND
ENERGY SYSTEMS IN WHATCOM COUNTY (AB2008 -270A)
Fleetwood reported for the Planning and Development Committee and moved to
adopt the ordinance.
Brenner moved to hold a public hearing on this item. There are federal grant
monies available if they start by the end of the year.
Weimer stated the Council will be holding a hearing on the budget in November.
Brenner stated she supports the ordinance, but has received comments from people.
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Fleetwood stated the Planning Commission held a hearing on this.
Brenner stated this issue didn't come to light until after it came to the Council.
Crawford stated there was good input at the Planning Commission. Staff had a great
proposal that didn't change much. The nearby property owners are well - protected. All his
questions have been answered satisfactorily. Staff did a great job on this ordinance. The
land use regulation is flexible to allow people to become involved in these kinds of things.
Motion to hold a hearing failed 3 -4 with Brenner, Nelson, and Kelly in favor.
Motion to adopt carried unanimously.
9. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.78, SOLID WASTE
ADVISORY COMMITTEE (AB2008 -343)
This item was withdrawn from the agenda.
10. RECEIPT OF THE WHATCOM COUNTY LAW AND JUSTICE 2008 PLAN UPDATE
AS SUBMITTED BY THE WHATCOM COUNTY LAW AND JUSTICE COUNCIL
(AB2008 -367)
Nelson moved to receive the plan.
Motion carried unanimously.
11. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MARY JO IVERSON AND WILLIAM BEZANSON TO THE NORTHWEST SENIOR
SERVICES BOARD (AB2008 -368)
Crawford moved to confirm the appointment.
Motion carried unanimously.
Crawford stated he was very impressed with the folks who applied.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Motion carried unanimously.
1. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2009 (AB2008 -369)
(COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2009 (AB2008 -370)
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3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES FOR 2009 (AB2008 -371)
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
PURPOSES FOR 2009 (AB2008 -372)
5. ORDINANCE AUTHORIZING THE 2009 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2008 -373)
6. ORDINANCE AMENDING ADMINISTRATIVE PROCEDURES FOR THE
WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM (AB2008 -352)
7. ORDINANCE ADOPTING THE WHATCOM COUNTY 2009 -2010 BUDGET
(AB2008 -227E)
S. RESOLUTION IN SUPPORT OF AN APPLICATION FOR GENERAL.. PURPOSES
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE APPLIED TO A
HOMEOWNERSHIP AFFORDABILITY PROJECT (AB2008 -374)
9. ORDINANCE AMENDING WCC 10.34, FERRY RATES AND UNIFIED FEE
SCHEDULE (AB2008 -375)
10. ORDINANCE TEMPORARILY REMOVING THE LOT CLUSTERING. PROVISION
FROM WHATCOM COUNTY CODE 20.42, RURAL, FORESTRY DISTRICT
(AB2008 -189A)
11. ORDINANCE REPEALING ORDINANCE 98 -085, AND AMENDING WHATCOM
COUNTY CODE CHAPTER 2.02.050, COUNTY COUNCIL MEETINGS — COUNCIL
ACTING IN OTHER CAPACITIES (AB2008 -377)
12. ORDINANCE REPEALING ORDINANCE 97 -027, RELATED TO THE
ESTABLISHMENT OF A FRAMEWORK FOR THE FLOOD CONTROL REPAIR AND
MAINTENANCE CONSTRUCTION COST SHARE PROGRAM (AB2008 36-7
AB2008 -376)
13. RESOLUTION PROVIDING A FRAMEWORK FOR THE FLOOD CONTROL
CONSTRUCTION COST -SHARE PROGRAM (AB2008 -380) (COUNCIL ACTING
AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
14. RESOLUTION ESTABLISHING FLOOD CONTROL ZONE DISTRICT FUNDS AND
AMENDING THE BY -LAWS OF THE FLOOD CONTROL DISTRICT BOARD OF
SUPERVISORS AS OUTLINED IN RESOLUTION 92 -014 (AB2008 -378)
(COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
15. RESOLUTION ADOPTING THE 2009 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2008 -379) (COUNCIL
ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
OTHER BUSINESS
There was no other business.
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 9:51 p.m.
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Jill Nixon, Minutes Transcription
Thj��mnciI approved these minutes on November 12 , 2008.
Al- , '�,� WHATCOM COUNTY COUNCIL
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Carl Weimer, Council Chair
Whatcom County Council, 10/21/2008, Page 23
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