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HomeMy WebLinkAboutCouncil November 7 20071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Regular County Council November 7, 2007 Council Chair Carl Weimer called the meeting to order at 7:04 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey- Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None 2. COLLECTIVE BARGAINING UPDATE ON SOON -TO- EXPIRE AGREEMENTS (AB2007 -018) Weimer announced that the Committee of the Whole discussed this item in executive session. 1. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON SHR07 -0006, FILED BY NAUMAN (AB2007 -363) Nelson moved to uphold the Hearing Examiner. Motion carried unanimously. SPECIAL PRESENTATIONS 1. EXECUTIVE KREMEN WILL READ A PROCLAMATION ANNOUNCING THE 30TH ANNIVERSARY OF THE DISABLED VETERAN OUTREACH PROGRAM (AB2007- 017) Pete Kremen, County Executive, read the proclamation into the record. He presented the proclamation to Veterans Employment Representative Thomas Noel, who is very generous and compassionate. Thomas Noel, Whatcom Work Source Veterans Employment Representative, stated he thanks Executive Kremen. He works very hard to help the veterans in the community. Whatcom County Council, 11/7/2007, Page 1 I Executive Kremen helped create the Veteran's Advisory Board, and they're now able to help 2 many disabled vets and their families. 3 4 2. UPDATE FROM THE TECHNOLOGY ALLIANCE GROUP FOR NORTHWEST 5 WASHINGTON, ANNA EHNMARK, EXECUTIVE DIRECTOR, AND ROBIN 6 HALLIDAY, PRESIDENT (AB2007 -017) 7 8 Robin Halliday, Technology Alliance Group for Northwest Washington President, 9 explained her activities and background. She read a presentation (handout on file). 10 Bellingham has five assets for making it a good candidate for technology -based economic 11 development: strong educational base; proximity to thriving urban technical centers in 12 Vancouver and Seattle; existing economic development organizations; source of early stage 13 capital through the Bellingham Angel Group, and; potential for clustering. 14 15 Anna Ehnmark, Technology Alliance Group for Northwest Washington Executive 16 Director, explained her activities and background. She continued to read from the 17 presentation on key 2007 deliverables. 18 19 Halliday stated she thanks the Council for its time and for investment in the 20 community. She asked for the Council's continued investment in the Technology Alliance 21 Group. 22 23 Brenner asked how many scholarships are awarded. Halliday stated they award five 24 scholarships each year. They've been providing scholarships since their first year. 25 26 Crawford asked if Whatcom County is fifth in the state in technology, in the state 27 that is home to Microsoft. Halliday stated they are fifth largest region in the state for 28 technology. They follow behind Puget Sound, Spokane, Vancouver, and the Tri- Cities. 29 30 Brenner asked if they work with the middle schools in Whatcom County. Halliday 31 stated she, Dale Kinsley, and Dale Brandland put together a pilot program two years ago. 32 The schools have said they want to engage business people, and her industry has been 33 saying they need math and science students. They want to expand the pilot program. The 34 math and science students must get engaged at the middle school level. They need to know 35 that there are great jobs out there. Most technology businesses, which are interested in 36 mentoring and partnering, are small. Most of those companies can't afford to spare their 37 employees during the business day when the schools need them to mentor and tutor. They 38 are looking at incentives for companies to spare their employees. 39 40 Brenner asked if the Technology Alliance Group works with the small cities. Halliday 41 stated it does not yet. The City partially funds the groups work. The Port is funding certain 42 special projects. The County funds the group also. They have not yet formally engaged the 43 other cities in the county, other than to meet with all the small cities' caucus. They've 44 agreed to link with the cities to provide information, but have not yet engaged beyond that 45 level. 46 47 48 MINUTES CONSENT 49 50 Caskey - Schreiber moved to approve the Minutes Consent items. 51 52 Motion carried unanimously, 53 Whatcom County Council, 11/7/2007, Page 2 1. BOARD OF HEALTH FOR OCTOBER 2, 2007 2. COMMITTEE OF THE WHOLE FOR OCTOBER 9, 2007 3. REGULAR COUNTY COUNCIL FOR OCTOBER 9, 2007 4. SURFACE WATER WORK SESSION FOR OCTOBER 16, 2007 OPEN SESSION The following people spoke: Dennis Shaw, 1876 Academy Road, Bellingham, stated he would address the lot clustering provision. That zoning is a buffer between inhabited areas and commercial forestry. Lot clustering achieves what they want to do in those areas, in terms of fewer roads, protecting the environment, and enhanced forestry. At the same time, they are going to allow in environmentally sensitive areas things like surface mining, hydropower plants, storage of explosives, private noncommercial recreational vehicles, adult family homes, and other uses. No single family homes are allowed. The purpose of clustering was to save the forest and have fewer roads. Now, they are restricting everything. Individual rights are taken away for the public use, with no compensation. Consider that this lot clustering is a good practice. It is not in general forestry. It's in areas that are closely inhabited. It is a compromise. It helps to achieve the objectives they are looking for. Brenner asked about individual rights not allowed if they don't have clustering. Shaw stated a person who buys property that can be subdivided would not be able to cluster the homes in one area to make it more economical. Win Lee, 2171 Tuttle Lane, Lummi Island, stated she would speak about water quality and quantity in the county. She is disappointed that today the Finance Committee did not approve the flood funding levy proposal from Councilmembers Weimer and Fleetwood. They know that Whatcom County's water quality and quantity are at risk. All the waters are undergoing huge human and environmental pressures that are accelerating. Those pressures will result in very serious problems in the near future if left unattended. There are good programs and laws in place that could help reduce those risks. Unfortunately, the current levy level is inadequate. The County has over 400 incomplete water - related tasks. Keeping funding at the current level will simply stall the serious work they need to do now on critical water issues. Moreover, current funding levels make it impossible to enforce ordinances and programs the Council already passed. Without enforcement, even the best law is a sham. It's a mockery of good government to not provide funding for enforcement. Don't be pennywise and pound foolish. Wisely invest to ensure quality in the future. Reject the proposed, inadequate funding proposal and reconsider one that provides more appropriate funding levels for water quality and quantity programs. John Grames, 1506 E. Maplewood, Bellingham, stated science has made a procrustean bed for us, and if humans don't fit, it's too bad for us. The election was very civil. He thanked people who ran for office. Some of the negatives included rumors surrounding the election. One way to resolve that is to allow people to define where they stand on public access television. County Council positions are nonpartisan, yet the Whatcom County Council, 11/7/2007, Page 3 Democratic Party endorsed candidates, which is partisan politics. The positions should indicate their party. The main politicization was that the Sheriff endorsed Pete Kremen. Myra Ramos, 2877 North Nugent Road, Lummi Island, stated she is disappointed that the proposal from Councilmembers Weimer and Fleetwood to increase the flood funding levy didn't get the votes to move forward. The Council should reconsider. Nothing is more important to the quality of their lives and the lives of their children and grandchildren than the water quality. This proposed increase is modest and temporary. It would allow the committee to fulfill its commitments to implement the plans they've already approved and meet the requirements they're already obliged to adopt. It will free up money from the general fund that can go to long -range planning and law enforcement. It's a good proposal. Reconsider. Have a public hearing. Jack Petree, 2955 Sunset, Bellingham, stated he supports infill in Bellingham to the maximum possible. They have to be rational about planning. Facts matter. The Old Town plan needs flexibility to achieve maximum infill. He supports the plan. Add more height limits and other incentives to be assured that they get that infill. Ms. Craven erred on her presentation. She said the plan will add 400 additional residential units. It does not. The plan includes part of the central business district. The total should be added. Economically, under all scenarios, every developer will lose money because of the cost of disposing of hazardous waste from the old municipal landfill. That's a big problem to overcome that will require subsidies and other things. He submitted an example of a project that is in Seattle. Based on what Bellingham has projected for Old Town, they need to put five projects on Old Town and another seven on the bluff overlooking Old Town for the projections to work. That project cost $250,000,000. All 12 of those projects have to be done in 14 years. That's unlikely. Be rational. Don't chose a predetermined outcome. Dennis Jones, 1487 Sudden Valley, Bellingham, stated he would speak on the Lake Whatcom Management Plan. Implement their visions of 1989 and 1982. Complete the !rake Whatcom Management Plan by the year 2014. The objective is to have the lake sustain itself. That will require recovery of basins one and two and a rescue of basin three. He thanked former County staff Bruce Roll, Hal Hart, and Jeff Monsen. The project used to have an estimated cost of $30 million. Now, the cost is probably $60 million or $90 million. Don't delay to the point where they are forced to have a power supply for secondary treatment. They have failed to fund the plan. Do the job. The consensus is out there. They need someone with a scientific, teaching background. There must be a district with involved people and a department to run it. Hire a coordinator with that scientific background, education, and ability to plan. Tom Fischer, 613 Linden Road, Bellingham, stated the hydro power project has benefits to this region, Southeast Alaska, and Petersburg residents. (Clerk's Note: End of tape one, side A.) Fischer continued to state that he's happy to have a workshop with the councilmembers to go through all the issues. PUBLIC HEARINGS Whatcom County Council, 11/7/2007, Page 4 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2008 (AB2007 -421) Weimer opened the public hearing and, hearing no one, closed the public hearing. Fleetwood moved to adopt the ordinance. Brenner stated this does not include an increase in the levy, even though assessments go up, which doesn't make people feel better, because they pay more. Motion carried unanimously, 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD PURPOSES FOR 2008 (AB2007 -423) Weimer opened the public hearing and, hearing no one, closed the public hearing. Nelson moved to adopt the ordinance. Motion carried unanimously. 3. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SUBMIT AN APPLICATION TO THE STATE OF WASHINGTON, OFFICE OF COMMUNITY DEVELOPMENT TO REQUEST $1,000,000 TO BE APPLIED TO CAPITAL ASSETS FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER PROJECT (AB2007 -424) Dewey Desler, Deputy Administrator, gave a staff report and stated the County is required to hold a public hearing on any applications it submits for community development block grant funds. The administration has been seeking funds through the program for the last ten years. They hope to use this application to help finance the East County Regional Resource Center in Kendall.' He introduced architect David King and others who have worked on this project. David King, Stewart+King Architects, Inc., submitted a power point presentation (on file). He discussed the background and purpose of this project and read from the presentation. Weimer asked how many construction phases would the $6 million pay for. King stated $6 million will probably pay for phases A through C. Spend a bit more on front end costs to save energy and resources later. Caskey-Schreiber stated she applauds this work. The Bellingham Housing Authority has said that having the architect work with the builder would save costs. She hopes Mr. King is amenable to that. Brenner asked if they have received funding offers or commitments from the State. She asked if they have lost out on working with the library district. Desler stated they still want to work with the library. It makes sense for the library to use this facility. The library would have to raise money for purchasing land and the building. The County has collected $2.75 million so far. It has spent some of that on this work. They hope to get about $1 million from this application. They are committing Whatcom County Council, 11/7/2007, Page 5 1 themselves to about $2 million in additional expenditures to get to the middle phases. The 2 County will probably have to borrow a couple million dollars, possibly from itself. Talk with 3 the legislature about another capital appropriation of about $2.5 million. The administration 4 will need help from the County Council and citizens to talk to their legislative delegation. 5 The legislative delegation will be inclined to support the project if the County indicates its 6 progress and dedication to moving forward. 7 8 Caskey- Schreiber stated the legislators want to see the County spend the first 9 amount of money, signed commitments, and constructed infrastructure. Get as much done 10 as they possibly can. Next fall, when they're developing their two -year budget, the County 11 will be poised to ask for the rest of what it needs. 12 13 Weimer opened the public hearing and the following person spoke: 14 15 Paul Schissler, Schissler and Associates, stated he has had the privilege of working 16 on this project. The public is provided an opportunity for participation at the public hearing 17 and in the public process. Handouts about the community development block grant 18 program are available tonight for interested parties. 19 20 Hearing no one else, Weimer closed the public hearing. 21 22 Caskey- Schreiber moved to approve the resolution. She thanked Executive 23 Kremen, Mr. Desler, and all the councilmembers for this project. Hopefully, this will meet 24 the needs of the youth and community, and the County won't need to spend so much 25 money on law and justice. 26 27 Motion carried unanimously. 28 29 4. OFFICIAL PUBLIC HEARING TO COMPLY WITH THE GRANT REQUIREMENTS 30 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT, OPPORTUNITY 31 COUNCIL'S HOUSING REHABILITATION PROJECT AND AUTHORIZATION FOR 32 THE EXECUTIVE TO SIGN AND SUBMIT THE FINAL GRANT BUDGET AND 33 REPORT (AB2007 -425) 34 35 Dewey Desler, Deputy Administrator, gave a staff report. This hearing is required to 36 close out the application. 37 38 Weimer opened the public hearing and the following person spoke: 39 40 John Martin, Opportunity Council, stated he thanks the County Council and County 41 administration for help on this project. He described some of the projects they've been able 42 to do with this program. He hopes the County would be willing to apply for community 43 development block grant funding in the future, after the Kendall Resource Center project is 44 done. 45 46 Hearing no one else, Weimer closed the public hearing. 47 48 Fleetwood moved to authorize the Executive to sign and submit the final grant. 49 50 Motion carried unanimously. Whatcom County Council, 11/7/2007, Page 6 CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 14. Brenner withdrew item 14. Motion to approve Consent Agenda items one through 13 carried unanimously. 1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE GOVERNOR'S JUVENILE JUSTICE ADVISORY COMMITTEE IN THE AMOUNT OF $58,748.00 (AB2007- 433) 2. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN ONE YEAR OLD (AB2007 -434) 3. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN A YEAR OLD FOR EQUIPMENT RENTAL AND REVOLVING CHARGES THAT ARE UNCOLLECTIBLE IN THE AMOUNT OF $6,006.61 (AB2007 -435) 4. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN A YEAR OLD FOR PARKING VIOLATIONS THAT ARE UNCOLLECTIBLE IN THE AMOUNT OF $751.00 (AB2007 -436) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -108 TO LOW BIDDER AGGREGATES WEST FOR SUPPLYING CRUSHED AGGREGATE IN THE AMOUNT OF $1,142,676.00 (AB2007 -437) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -102 TO SOLE BIDDER FARMERS EQUIPMENT COMPANY FOR A REPLACEMENT ROADSIDE MOWING TRACTOR IN THE AMOUNT OF $93,360.58 (AB2007- 438) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -108 TO LOW BIDDER, ANDGAR CORPORATION, FOR REPLACEMENT OF THE DIELECTRIC UNIONS AND VALVES AT THE COURTHOUSE IN THE AMOUNT OF $69,897.39 (AB2007 -439) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE PUBLIC WORKS TO PURCHASE TWO HYBRID SUV'S UNDER BID 07 -33 FROM VENDOR, DIEHL FORD, IN THE AMOUNT OF $59,997.16 (AB2007 -440) 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE PUBLIC WORKS TO PURCHASE A HIGH ROOF CARGO VAN UNDER A WASHINGTON STATE CONTRACT FROM VENDOR, DWAYNE LANE, IN THE AMOUNT OF $52,010.64 (AB2007 -441) Whatcom County Council, 11/7/2007, Page 7 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A JOINT FUNDING AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY FOR THE ONGOING OPERATION AND MAINTENANCE OF THE COUNTY'S SEVEN STREAM GAGES IN THE EARLY FLOOD WARNING SYSTEM (AB2007 -442) 11. RESOLUTION TO APPROVE A LAND ACQUISITION OF THE - DEMING TRANSFER" AND THE "RIVER ROAD PROPERTY" IN THE AMOUNT OF $315,000.00 (AB2007 -443) 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR ANNEXATION OF 635 ACRES IN THE VICINITY OF EAST BAKERVIEW ROAD AND JAMES STREET (AB2007 -417A) 13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AMENDMENT #11 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM URBAN GROWTH AREA (AB2007 -385) 14. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD BID #07 -94 TO SOLE BIDDER, CLYDE WEST INC., IN THE AMOUNT OF $249,406.05 (AB2007 -416) Crawford moved to approve the request. Brenner stated they can get by as inexpensively, if not more so, by contracting out this service to people who live in those areas rather than buying a $250,000 piece of equipment. She wanted to see more of a comparison. She received a 101 -page document at 4:30 p.m. today from the Public Works Department. Hold this item for two weeks until she has the time to read the information and talk to people who understand this stuff better than her. She supports the rest of the purchases. This one doesn't feel right. She would like the time to go through this. She moved to hold in committee. Motion to hold in committee failed 2 -5 with Weimer and Brenner in favor. Brenner stated people in the business put together a spreadsheet that shows the County pays the same or less to contract out the service. They've had complaints over the years that County plows can't get to many remote areas, such as the Foothills, Point Roberts, and Lummi Island, in the snow. The County does a great job where it can get to. People in those remote areas are willing to do the service, at a cost less than what the County spends. This equipment, according to people who know the equipment, is in very good condition. It's an older piece of equipment with the V -plow, which is what they need. It has few hours of use on it. They don't need to replace something that is in very good condition. She asked why the Council wants to spend $250,000 possibly unnecessarily. No one else is even asking any questions. Crawford stated he understands Councilmember Brenner's concerns. He's listened carefully to the administration's proposal also. He looked at the material Councilmember Brenner provided. He doesn't question the material from the private party. It's probably accurate. However, the flexibility of owning the equipment, and having it available when needed, is a compelling reason to own this equipment. If necessary during a bad snow storm, the County will also contract for additional equipment. The County has done rental business with the same party that Councilmember Brenner has talked to. In addition, the Whatcom County Council, 11/7/2007, Page 8 1 County Executive has the authority to go above and beyond whatever it takes in a dire 2 emergency. It's not that they aren't seeing or hearing Councilmember Brenner's position. 3 He appreciates Councilmember Brenner's research. However, he's not persuaded that the 4 County should just not own the equipment. It's a prudent purchase. The life expectancy 5 for that piece of equipment, according to the State of Washington, is 15 years. They've 6 used the equipment they have now for 20 years. It's not a matter of hours on the 7 equipment, but also of the aging of the equipment's structural components. It shows wear, 8 and needs to be replaced. He will support this purchase. 9 10 Caskey- Schreiber stated the Council held this item for two weeks. She posed her 11 questions to the Public Works Department then, and was satisfied with their answers. It's 12 more a matter of having the equipment available when needed. That is the priority that 13 overrides Councilmember Brenner's concerns. Milk trucks still have to service dairies during 14 snow storms. The County should have that equipment. It's part of the County's 15 infrastructure. Renting isn't the way to go. The Public Works Department is the expert. 16 They're out there using the equipment. If they say they need it, then they need it. They 17 aren't the kind of people who make stuff up just to get a new toy. That's insulting to all of 18 them. 19 20 Brenner stated she's not against the County owning the equipment. The County 21 already owns the equipment. It's in fine condition. She gives the Public Works Department 22 staff a lot of credit. They do a very good job maintaining equipment. The average lifespan 23 is 15 years, but that depends on the use, not just the material. This is a good piece of 24 equipment that doesn't get used much. The equipment has everything it needs. She never 25 said the County should contract out with a rental company. She only brought that 26 information in because the staff said a rental company would cost much more. The 27 numbers are the same. Have emergency contracts with private individuals only who own 28 the equipment in areas where the County can't get to. 29 30 McShane stated Councilmember Brenner asked that question during committee 31 today. The answer given was that during those types of events, the equipment isn't readily 32 available. That's why the County needs this piece of equipment. 33 34 Brenner stated the County already owns the equipment, and it does have a V -plow. 35 They don't need a new one. The one they have is in fine shape. 36 37 Motion to approve carried 6 -1 with Brenner opposed. 38 39 40 OTHER ITEMS 41 42 1. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION, 43 REQUEST #TR2007 -02 (AB2007 -380A) 44 45 McShane reported for the natural Resources Committee and moved to approve the 46 resolution. 47 48 Motion carried unanimously. 49 50 2. PRESENTATION ON THE OUTCOMES OF THE BIRCH BAY WATERSHED 51 CHARACTERIZATION PILOT PLAN (AB2007 -432) 52 53 This item was not discussed. Whatcom County Council, 11/7/2007, Page 9 1 2 3. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, 12TH 3 REQUEST, IN THE AMOUNT OF $38,491 (AB2007 -426) 4 5 Crawford reported for the Finance and Administrative Services Committee and 6 moved to adopt the ordinance. 7 8 Motion carried 6 -1 with Crawford opposed. 9 10 4. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, 1ST 11 REQUEST, IN THE AMOUNT OF $207,655 (AB2007 -427) 12 13 Crawford reported for the Finance and Administrative Services Committee and 14 moved to adopt the ordinance, for the sake of having a vote. 15 16 Crawford stated he has concerns about the cost of animal control. He opposes this 17 item. It's gotten too expensive. There are other things they can do. If the costs of that 18 program were a separate item, he would support the rest of the items. However, he will 19 oppose this ordinance because of the animal control costs. 20 21 Motion carried 5 -2 with Nelson and Crawford opposed. 22 23 S. APPOINTMENT TO FILL A PARTIAL TERM VACANCY ON THE WHATCOM 24 COUNTY PLANNING COMMISSION, DISTRICT 1, DUE TO RESIGNATION - 25 APPLICANTS: APRIL MARKIEWICZ, SUSAN KIRSCH, JEAN O. MELIOUS, 26 SCOTT B. MILES, AND ALEX RAMEL (AB2007 -431) 27 28 McShane nominated Alex Ramel. 29 30 Fleetwood nominated all applicants. 31 32 Crawford voted for John David Merris. 33 34 McShane voted for Ramel. 35 36 Fleetwood voted for Jean O. Melious. 37 38 Weimer voted for Melious. 39 40 Brenner voted for Melious. 41 42 Nelson voted for Merris. 43 44 Caskey - Schreiber voted for Markiewicz. 45 46 Weimer stated no one received four votes, and the Council would vote again. 47 48 Caskey- Schreiber voted for Melious. 49 50 Nelson voted for Merris. 51 52 Brenner voted for Melious. 53 Whatcom County Council, 11/7/2007, Page 10 1 Weimer voted for Melious. 2 3 Fleetwood voted for Melious. 4 5 McShane voted for Ramel. 6 7 Crawford voted for Melious. 8 9 Weimer stated the new Planning Commissioner is Jean Melious, with five votes. 10 11 12 INTRODUCTION ITEMS 13 14 Nelson moved to accept the Introduction Items. 15 16 Caskey - Schreiber moved to introduce a substitute version of the ordinance 17 authorizing the levy of taxes for County Conservation Futures purposes for 2008 18 (AB2007 -422A) (on file). This is a substitute ordinance that includes an increase in the levy 19 rate. A hearing will be scheduled for November 20. 20 21 McShane stated this fund can be used to pay the cost of Lake Whatcom watershed 22 park reconveyance, if it goes forward. It's been a well - leveraged fund over the years. The 23 proposed increase is small, but the County often receives funding matches. Moving this 24 forward is a good idea. 25 26 Brenner asked if the administration recommends this increase. 27 28 (Clerk's Note: End of tape one, side 8.) 29 30 McShane stated it is a modest increase. The Executive brought forward no increase. 31 32 Crawford stated the County Executive has taken pride in representing that he has not 33 proposed an increase in taxes, other than any amount resulting from the addition of new 34 construction, improvements to property, and any increase in the value of state - assessed 35 property. He's opposed to this. Mr. Kremen shouldn't support this until he's carefully 36 considered the implication that it would be his first tax increase proposal of his administration. 37 38 Nelson asked if that fund has been drawn down to zero at all. 39 40 Dewey Desler, Deputy Administrator, stated the fund has always had a positive 41 balance. 42 43 Nelson stated they've used it for many programs. If they increase the fund, they could 44 probably find more things to buy if that's the wish of the Council. He can't support that. 45 46 Caskey - Schreiber stated they have had to refuse participation in the purchase of 47 development rights (PDR) program many times because the funds are committed. For every 48 dollar the County uses, it gets matching funds from the federal government. That is a 49 lengthy, bureaucratic process. When buying land in the watershed, keep in mind their 50 agricultural commitments. There is a waiting line of people who want to participate in that 51 program. These funds could be used immediately if they were able to do transactions quickly. 52 However, the policy to use matching federal dollars has slowed the program down. That 53 doesn't mean they don't need more funding. They are turning down worthy applications from Whatcom County Council, 11/7/2007, Page 11 that program, due to lack of funding. Agriculture is a $257 million per year industry that the County should support to keep sustainable. Crawford stated he is mystified by the Council's recent propensity to raise taxes. They went through a budget process a year ago. The administration is responding with responsible and prudent proposals for a tax levy, based on the budget the Council passed. To propose an increase to the flood tax, which the Finance Committee recommended against, and an increase in the conservation futures fund is not wise. He is opposed to this approach. Brenner stated it seems like this is a token action. They have not turned down any worthy proposal. It's never gotten to that point. If the fund is drawn down to zero, the County has other funds to draw from. That hasn't happened. Fleetwood stated they are not considering final adoption tonight. This is just for introduction. He will support the motion to add Councilmember Caskey- Schreiber's version of the conservation futures levy ordinance. Weimer stated he will also support the motion. They've heard many times about the need for more money for agricultural and watershed purchases. There is not enough to do both. The County's funding contribution is- small, but with the federal match, it shows the County's commitment to these programs. Caskey - Schreiber stated there is a strong need to preserve wildlife corridors in Birch Bay. That community has put its contribution towards this. The County will be able to start addressing their community plans. Brenner stated Birch Bay just passed a parks and trails levy increase. Caskey- Schreiber stated the fund dictates that they must spread it out. The County still needs to do acquisitions in that area because of population density. Nelson stated the voters approved this to have open spaces for parks in the future. Now, they've turned it into agricultural purchases and protecting watersheds. Eventually, the public may revolt and decide they have enough agriculture and watershed protection. There may be a legitimate argument for this if there was a specific program before the Council that needs funding. However, he can't see the argument for this now. McShane stated the voters passed this. The levy was set. He asked the last time there was a modest levy increase. Crawford stated it increases every year by the amount of new construction and State valued assessments. It goes up by about $60,000 per year. Weimer stated the levy itself has never been raised. Motion carried 4 -3 with Crawford, Brenner, and Nelson opposed. Brenner moved to add the resolution opposing further consideration of Cascade Creek Project to Introduction Items. McShane stated the Natural Resources Committee had a presentation from the joint proponent of the project. They are not yet far enough along to determine whether this Whatcom County Council, 11/7/2007, Page 12 qualifies as green power or to understand the impacts. He suggested that the Council take a look at the concerns raised by the community where this project may occur. If the County is going to be part of this project, it should know the types of concerns and decide how to address those concerns. Other government entities have developed power resources some distance from their location. For instance, Seattle City Light is located in Whatcom County. Look at the concerns being raised by the community first. See if Whatcom County is still comfortable moving forward with a project and can address the community concerns. They are jumping to conclusions right now. He doesn't know if the 45 -draw down is legitimate. It may be done in a manner that could benefit the local community. That is hard to say right now. He's not ready to take a position one way or another. Don't give up the opportunity at this point. Brenner stated this is just for introduction, not debate and discussion. Whatcom County won't get a feel for what that community wants and needs from the project proponent. The County Council has received many emails about what the community feels, including one from the Mayor of that community, who represents a majority of the people. Get objective, third -party information. McShane stated this is something to put into committee and look at carefully, before putting it before the County Council. Brenner amended her motion and moved to put the resolution opposing further consideration of Cascade Creek Project in the Public Works Committee. Nelson stated the issue is already in the Natural Resources Committee. McShane stated that because of the issue of Lake Whatcom and funding, mechanisms, the Natural Resources Committee may not have time to address this issue soon. This issue would be appropriate for the Finance Committee. The County's role would be financial. Brenner stated it can be in more than one committee. Crawford stated he's happy to take the issue into the Finance Committee, but it's premature to do this now. The administration brought this forward as a worthy proposal. He needs more information on what this project would do for Whatcom County in the long term. He understands the physics of the project. He hasn't made the nexus with how that benefits Whatcom County. There is no rush to do this right now. Fleetwood stated he agrees that this is premature right now. The only reason to introduce it tonight is if they are going to adopt it in two weeks. If they aren't ready for that, don't introduce it yet. In two weeks, the Council will have a joint meeting with the City regarding urban growth area (UGA) reconciliation. The Natural Resources Committee will be busy that day. There won't be a lot of time in the afternoon. If the Council wants this issue scheduled in a committee in two weeks, it should be scheduled in the Finance Committee. Caskey- Schreiber stated it can wait a month. They don't need to introduce a resolution. Brenner stated it can wait a month before being scheduled. Introduce it. The County can always apply if it decides to participate in the future. They don't have to do this Whatcom County Council, 11/7/2007, Page 13 project now. It's more important to have good will with this other community. The County hasn't even reached out and talked to them. Weimer stated this is a placeholder at this point. Whatcom County doesn't need to do anything soon one way or another. The Council needs to do a legitimate job of looking at this. McShane stated this project would be a new thing to do. It would be an opportunity. Think about the County's policies in terms of being part of a project like this. Think about how they want to treat another jurisdiction. Decide what benefits can be shared with this community. They can work with the residents. There are other power projects in the area. This can become a very positive thing for that area. That's what the Council needs to consider. Brenner stated people would be up in arms if someone tried to do something like this in Whatcom County. Washington State and Whatcom County has rules. Don't consider signing on to something that they wouldn't allow locally. They don't know if the objections are from a small minority. Nelson stated this resolution doesn't answer any concerns of the residents. It doesn't do a thing other than say Whatcom County will participate. The project will likely go forward anyway. Whatcom County has a better ability to help those people by addressing their major concerns if Whatcom County is involved. Brenner stated the County was told it has a priority application because it's a municipality. She asked why the City of Bellingham isn't involved. This started off wrong. If they are going to consider this, contact the community first to make sure they aren't taking advantage of the people. Motion failed 3 -4 with Brenner, Fleetwood, and Caskey - Schreiber in favor. Motion to accept the introduction Items, as amended, carried unanimously. 1. ORDINANCE REMOVING, ON AN INTERIM BASIS, THE LOT CLUSTERING PROVISION FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2007 -229A) 2. ORDINANCE ADOPTING SUPPLEMENTAL BUDGET REQUEST #13 (AB2007- 444) 3. ORDINANCE APPROVING THE INSTALLATION OF STOP SIGNS ON NORTHWOOD ROAD AND HALVERSTICK ROAD (AB2007 -445) 4. ORDINANCE TO REVISE WCC 12.14, REFERRING PERMITS FOR USE OF UNOPENED RIGHTS -OF -WAY (TRAIL PERMITS) FEES TO THE WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB2007 -446) 5. ORDINANCE AMENDING WCC, TITLE 20, AUTHORIZING THE COLLECTION OF IMPACT FEES FOR SCHOOL FACILITIES (AB2007 -354A) Whatcom County Council, 11/7/2007, Page 14 1 OTHER BUSINESS 2 3 There was no other business. 4 5 6 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 7 8 There were no reports or other items. 9 10 11 ADJOURN 12 13 The meeting adjourned at 9:05 p.m. 14 15 16 G 17 Jill Nixon, Minutes Transc iption i The Council approved these minutes on January 15 , 2008. 20 21 ATTEST; 23 ���� co, , oil 25`• ' 26 27 Dap`ar.Brown -Qa*s 'Couniil Crrk gtx fie WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, ouncil Chair Whatcorn County Council, 11/7/2407, Page 15