Loading...
HomeMy WebLinkAboutCouncil March 15 2005 pm1 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 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. WHATCOM COUNTY COUNCIL Regular County Council March 15, 2005 Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Sharon Roy L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None Caskey- Schreiber announced there was discussion regarding a possible property acquisition in the watershed (AB2005 -018) in executive session during the Special Committee of the Whole meeting this afternoon. Nelson moved to approve the acquisition. Motion carried 5 -0 -1 with Roy abstaining and Fleetwood out of the ••u Caskey- Schreiber announced there was discussion with Public Works Engineering Division regarding pending property condemnation (AB2005- 018) and discussion with Senior Deputy Prosecutor Karen Frakes regarding two cases of pending litigation (AB2005 -018) in executive session during the regular Committee of the Whole meeting. Caskey- Schreiber announced there was discussion with Council Clerk Dana Brown -Davis regarding two issues: possible contract amendment and travel reimbursement (AB2005 -017) during the Committee of the Whole meeting. The Committee of the Whole voted on whether the County can reimburse the Flood Control Zone District Advisory Committee members for mileage. That motion failed with Caskey- Schreiber and McShane in favor. Caskey- Schreiber announced that the Council voted to approve the contract amendment for Lynn Barton. Whatcom County Council, 3/15/2005, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Caskey - Schreiber finally announced that the Council voted to support a letter in opposition of Engrossed Senate Substitute Bill 1290. This bill takes away county control of the mental health system and puts the control in the hands of the State Department of Social and Health Services. The bill takes away a lot of the building blocks they've established already for mental health issues. SPECIAL PRESENTATION 1. PROCLAMATION BY EXECUTIVE PETE KREMEN DECLARING MARCH 13 THROUGH 19, 2005, AS CHUCKANUT DEMOLAY WEEK IN WHATCOM COUNTY (AB2005 -017) Pete Kremen, County Executive, read the proclamation into the record. Max Davis, DeMolay Chuckanut Chapter Master Counselor, accepted the proclamation. MINUTES CONSENT Nelson moved to approve Minutes Consent items one through five. Motion carried 6 -0 with Brenner out of the room. 1. COMMITTEE OF THE WHOLE FOR FEBRUARY 22, 2005 2. REGULAR COUNTY COUNCIL MEETING FOR FEBRUARY 22, 2005 3. SPECIAL COUNCIL WORK SESSION FOR FEBRUARY 22, 2005 4. WATER RESOURCES WORK SESSION FOR FEBRUARY 15, 2005 S. SPECIAL COUNCIL WORK SESSION FOR MARCH 1, 2005 OPEN SESSION The following people spoke: Dennis Jones, 1487 Sudden Valley, thanked County staff for the Lake Whatcom Management Program 2005 document. It's a work of art, and of policy. On March 8, 2005, a County staff person asked him if implementing a surface and stormwater system is the most proactive thing they can do to sustain Lake Whatcom. It is. It's up to County, City, and Water District 10 staff to figure out how to do develop and fund such a system. A phosphorus oxygenation plan in Whatcom County Council, 3/15/2005, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. another jurisdiction captured water in a basin, similar to a sewer system, and circulated the water into the watershed. Look into that system. That type of system is cheaper and more effective than site specific and small filter systems. Bob Wiesen, 3314 Douglas Road, stated he is concerned about unequal treatment of citizens. The County will buy development rights from a farmer in agricultural land, but will downzone property in the Lake Whatcom watershed. PUBLIC HEARINGS 1. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — COMPREHENSIVE PLAN HOUSING CHAPTER UPDATE (AB2005 -122) (Clerk's Note: The CDBG required handouts are included in the Council's packet.) Caskey- Schreiber opened the public hearing and the following people spoke: Paul Schissler, Kulshan Community Land Trust, 215 W. Holly Street, thanked the Council for the opportunity that this grant provides to the community to deal with the problem of housing affordability. Federal money came to the state through a competitive process. The County secured funding that went to the Kulshan Community Land Trust, which did research and provided input to the Planning Department and Planning Commission as they updated the Comprehensive Plan Housing chapter. This public hearing is a requirement of the grant program in order to allow the public an opportunity to complain or criticize the process. This project went well. It was very helpful to devote staff time to do research that lead to ideas for Whatcom County. Those items are in the Council packet. Many were incorporated into the housing chapter of the Comprehensive Plan. It will be more and more difficult over time for people to be able to own homes close to where they work. Many people come to this area from elsewhere with plenty of money in hand to buy homes that may seem inexpensive compared to the more expensive areas from where they've come. According to one measure, housing prices are 21 percent higher than they ought to be, given other factors such as wages. He would like to continue to work with the County to replicate and adapt these ideas for Whatcom County's use. The County can play a lead role to encourage all jurisdictions in the county to use some of these ideas so housing is affordable, near jobs, in urban growth areas (UGA's), and take pressure off farmland and open space. They need affordable housing near jobs. Some of the best paying jobs in the county are in construction. It would be great if construction workers were busy building homes they could afford to own. There is a huge economic engine waiting to be revved up. Whatcom County Council, 3/15/2005, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Fleetwood asked what the County can do in the short -term to begin implementation of these recommendations. Schissler stated the Housing Chapter is full of good ideas, many from the 1997 plan. Kulshan Community Land Trust would like to work with the County to provide supplemental help on this issue. Hearing no one else, Caskey- Schreiber closed the public hearing. Nelson moved to approve the update. He's interested in the inclusionary zoning idea. The Planning Committee talked about it for the urban growth area. They have to look at alternatives to keep people where the jobs are instead of moving into the rural areas, where the values are less expensive. He asked if they've looked at inclusionary zoning as a tool in the past. Sylvia Goodwin, Planning Division Manager, stated they have. It's not a tool the County has any regulations requiring. There are options such as increased density through a Planning Unit Development. In the urban residential -mixed use (UR -MX) zone, a developer receives more density if there is affordable housing. There are no specific requirements yet. The Comprehensive Plan says the County will look at those recommendations. Caskey- Schreiber stated she hoped to pull in those recommendations as they move forward with community plans. Roy asked if County staff is specifically working on related codes and regulations suggested in this chapter. She hoped they've made progress since 1997, and asked if there is an implementation plan. Goodwin stated the plan is to finish the Shoreline Master Program, Critical Area Ordinance, and Urban Fringe Plan. Next year, they will try to work on a major rewrite of the zoning code. As part of their work on the Urban Fringe Plan, they are looking at a lot of things like minimum densities, incentives for greater density, and transfers of development rights (TDR's). There are many things in the Urban Fringe and UR -MX zoning that will encourage affordable housing, but not to specifically implement the Housing Chapter. Those items provide for land supply and development regulations that allow the supply to go higher. The County doesn't have a lot of programs specifically to implement the Housing Chapter. Motion carried unanimously. 2. ORDINANCE REGARDING ESTABLISHMENT OF THE SPEED LIMIT ON EAST KELLOGG ROAD (AB2005 -123) Joe Rutan, County Road Engineer, gave a staff report and stated this is the new section of Kellogg Road that connects the Guide Meridian and James Street. A lot of development occurred out there. He and the County Executive met with neighbors. They recommend a 25 miles per hour speed zone from the intersection of Kellogg Road and James Street to the westerly border of the Spring Creek subdivision. Whatcom County Council, 3/15/2005, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Crawford asked if the road will be open. Rutan stated the road will eventually be open. It will not be open until the plat has a date on it. It has been open for construction activities. The County will need to address how to proceed with that road upon construction completion. The road has been discovered, and people are driving on it. Nelson asked if this is the road that they worked on a few years ago, and the neighbors tried to seek funding based on development. Crawford stated this is the road done through a latecomer's agreement with Ralph Black and the church. The church thought the latecomer's fee was too expensive. Rutan stated this road is not the road to which Councilmember Nelson referred. This road has issues regarding the existing residences, the construction on James Street, and the developing neighborhood. Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. Fleetwood moved to adopt the ordinance. Motion carried unanimously. 3. INTERIM ORDINANCE AMENDING WHATCOM COUNTY CODE (WCC) TITLE 20, SECTION 20.80.735 TO IMPLEMENT A SEASONAL RESTRICTION ON LAND CLEARING ACTIVITIES WITHIN THE LAKE WHATCOM WATERSHED WATER RESOURCE SPECIAL MANAGEMENT AREA BETWEEN SEPTEMBER 1 AND APRIL 30 (AB2005 -125) Caskey - Schreiber opened the public hearing and the following people spoke: Nancy Graham, 2830 Ellis Street, Bellingham, People for Lake Whatcom President, submitted and read from her statement (on file). Increased restriction is needed to decrease phosphorous in the lake. Give the County staff more direction as to what needs to be done. The current moratorium should not be lifted until the State Department of Ecology finalizes the total maximum daily load (TMDL) study, Whatcom County and the City of Bellingham identify projects that need to be implemented, Whatcom County enforces Title 20 restrictions, and scientific monitoring of lake and tributaries show improvements. Steve Hood, State Department of Ecology, stated what they're doing now isn't working. They need better enforcement or to reduce the number of problems being created. The system now is complaint- driven. Complaints don't always come in. Either get more active preventing the problems before they start, or reduce the risk of developing those problems. Whatcom County Council, 3/15/2005, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Lance Hillengass, Sudden Valley Community Association Board of Directors Treasurer, submitted and read from a statement (on file) and stated he speaks on behalf of the association. They encourage the use of the point system to reduce the stormwater runoff. Enforce the conditions on individual lots through County inspectors. If the Council won't do that, then amend the ordinance to prohibit clearing between October 1 and April 30. Brenner stated she recently found out that Sudden Valley has the ability to do enforcement. She asked why Sudden Valley doesn't do the enforcement. Hillengass stated that is their intention. Sudden Valley has done some enforcement, but not to the proactive degree it should. The Board is discussing increasing fines and number of inspections. Elizabeth Evans, 1221 Railroad, Bellingham, Associated General Contractors of Washington, stated they are against the ordinance. It is an enforcement issue that should not be solved by punitive measures that will cost valuable jobs for Whatcom County families. Construction runoff is successfully being managed in the state. Her agency is happy to consult with the County, as it has with the State. Mary Dickinson, Building Industry Association Government Affairs Director, stated she's submitted written testimony to the Council. She explained the background of the point system. Winter clearing allows business to serve their customers 12 months of the year rather than in a small window of 20 weeks. That short window will prohibit necessary permits, inspections, and volume of work. Project costs will skyrocket. County staff will not be able to conduct necessary enforcement and inspection. Enforcement of the point system has been inadequate. Her agency will assist the County to visit any alleged problem areas, provide education, and report violators. Her agency was called on only one occasion. There are only nine violations in two and a half years. Rather than eliminate the point system, increase the number of points that would exempt an applicant from winter clearing rules and special watershed protection areas. Require an applicant to have erosion control facilities in place before a land disturbance permit is issue. Have financial penalties that are sufficient to encourage compliance. Hire additional compliance officers if winter clearing remains an option. Ron Reimer, 6595 Northwest Road, Ferndale, stated he is an excavating contractor. This problem is interesting. He specifically worked in the Sudden Valley area, which is very concerned with the environment. It's a hard balance to implement control measures. As soon as a roof is on, the builder should put up temporary gutters. Erosion is almost never an issue if they're not doubling the water load, which is what happens when a roof goes up. Whatcom County Council, 3/15/2005, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. This issue has gone under the radar. A lot of people assume that they will be allowed to continue if they already have their permit appointments. Give developers some time, such as two years, to develop or get out of the watershed. They all know they will eventually not be able to develop in the watershed. Chris Weitzel, Sudden Valley, asked why five -acre sites are exempt. His flat lot in Sudden Valley is 1,000 feet from the closest water body, a small seasonal creek. This ban will affect him and exempt five -acre sites that have larger disturbed areas. Sudden Valley has 50 miles of paved roads. Along the sides are ditches with vegetation to serve as a natural filtration system. A flat lot has virtually no runoff. He supports the point system. Staff must monitor better and fine the violators. They need to stop those who clear land the wrong way, not the majority who clear land the right way. Make the point system more slope - sensitive. If a lot is flat, there is no justification for banning clearing in the winter. Bob Wiesen, 3314 Douglas Road, asked the Council to be fair to the landowners. The City of Bellingham does not have a water quality problem with the water being taken out of the lake. The City has an engineering and design problem. If it takes too long for water to get from the plant to the service, there is a problem. They don't have circulation. The water sits in the pipe too long. That is causing the problem. The City of Bellingham is not doing its share. It is not retrofitting property or raising its standards. Wait until Bellingham does its share first. Dennis Jones, 1487 Sudden Valley, stated Bill Geyer said that when dealing with Public Works issues, always err on the side of safety, don't go halfway, and do it right. Sudden Valley has an Architectural Control Committee. Sudden Valley was designed with 50 miles of road with one of the best designed surface and stormwater systems he's ever seen. Maintenance has been deferred, and the result is serious problems. The current ordinance doesn't work. He supports the position of People for Lake Whatcom, but not the moratorium. Work on slopes, impervious surfaces, and tree canopy. (Clerk's Note: End of tape one, side A.) Dan Marantette, Sudden Valley Community Association Board of Directors Vice President, stated Sudden Valley has done a lot to make the valley's environment better. He listed the actions the community has taken. A moratorium on ground clearing is not in the best interest of Sudden Valley. However, they can do more than they have done in the past. The community is looking forward to working more with the County to make it better in the valley. Darcy Jones, Jones Engineers, submitted a statement (on file). They all know what they need to do to solve the problems. Future development isn't causing the current problems. They can implement and enforce stormwater best management practices, the National Pollution Discharge and Elimination System (NPDES) permit, and low impact development. There can be better enforcement Whatcom County Council, 3/15/2005, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. and also reduce the problem. Projects in other jurisdictions that produce zero runoff can be examples. Put the problem in the hands of the professionals, who can deal with stormwater management and prepare management plans and pollution prevention plans to protect the watershed in perpetuity. The NPDES program will require them to do this anyway in the near future. The Engineering Division staff know what to do. Provide that staff with priorities and funding. Ensure future development doesn't cause future problems. Revise the point system. Juliet Thompson, RESources Volunteer, stated RESources conducted a data collection program for construction erosion control measures in the watershed. Of the 199 sites they were aware of under construction, they visited 59 of those sites. They visited sites with a high point rating or sites along the travel route. Out of the 59 sites, under ten percent had adequate and sufficient perimeter control. Sixty percent had inadequate, failed, or un- maintained erosion control. Thirty percent had no or the bare minimum of erosion control measures. Nineteen sites were visited during storm events. Of those, 60 percent had sediment laden water leaving the site. Half of those sites had a base point value of 50 or more and should not have had un- stabilized soils according to the regulation. The County does not issue fines for violations. Most builders are aware of that. They recommend that the builder or contractor's name be posted onsite and the builder have certification on erosion control best practices. If the point system is continued, it must include a gradation for proximity to a water body instead of a single rating of 20. Increase the distance in the point system. Jim Pope, Whatcom County Association of Realtors, stated he agrees that the contractor's or builder's names should be onsite. He encouraged the Council to keep the point system in place. Don't do the land clearing moratorium. Hearing no one else, Caskey- Schreiber closed the public hearing. McShane moved to adopt the ordinance. He believes the County Council has no authority to approve or tweak the point system. Hal Hart, Planning and Development Services Department Director, stated that's correct. McShane asked if staff has considered changing the point system after two years of the current system. Hart stated they have internally discussed changing the point system and enforcement. They've evaluated monthly the option of weighing the factors differently. Brenner stated she hasn't gotten any information in two years on what they can do to the point system to make it work better. She has some ideas. The Department of Ecology, RESources, and Sudden Valley all say they need better Whatcom County Council, 3/15/2005, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. enforcement. The County is making more money from permitting. Get more enforcement staff. It sounds like the County can afford it now. There was an idea of someone's points changing periodically, depending on the amount of exposed soils. She asked if that idea has ever come up to the staff. Slope, soil type, and proximity to the water, not the amount of exposed area, are the factors that should be reconsidered. Set up a point system with just three factors of slope, soil type, and proximity to water. Then the points wouldn't have to change. It would restrict more people from building during the winter. However, there are flat areas that would not produce runoff and shouldn't be penalized. The point system should be tweaked instead of having a seasonal land clearing ban. She asked what ideas the administration has come up with. Hart stated he is working closely with the County Executive to address enforcement needs. Over the last two and a half years, growth has increased dramatically countywide. The issue is not just with Lake Whatcom. The administration will bring proposals to the Council. A construction site is very dynamic and changes over time. That is a hard thing to enforce. Staff will review an idea of a simplified point system, but they discussed the different factors two years ago. They can do that again. Nelson asked how Mr. Hart responds to the accusations of RESources and their findings. Hart stated there were 274 enforcement cases in the last five years. Many times, those cases have multiple violations. Staff sent many of those cases, about ten percent, to the penalty assessment phase. The staff is out there doing enforcement. Caskey- Schreiber stated the point system is having little effect on the water quality. Basin three is showing the same signs of degradation as basins one and two. According to the latest information from Dr. Robyn Matthews, the blue -green algae in basin three is growing at a rate over 100 percent. There are elevated rates of oxygen depletion, blue -green algae, and treatment chemicals for the drinking water, and disinfected byproducts in the treated water. These are all signs that the point system has been a colossal failure. Without adequate erosion control, a one - acre site can contribute 60,000 pounds per year of sediment, which as phosphorus, to the lake. The Environmental Protection Agency (EPA) says that any preventative action now will reduce treatment costs in the long run, by an amount of 30 to 40 percent. Buildout in the Lake Whatcom watershed will be achieved in the next five to ten years. They must eliminate the risk of adding more sediment loading and phosphorus to the lake. She understands the contractors' point of view. This will halt building. However, when they reach buildout, no construction will go on in the watershed because it will have reached capacity. There are only 1,126 buildable lots left in the watershed. Proceed cautiously with the available development sites so they don't add to future problems. This problem will plague generations from here on out. She doesn't know if the problems can be fixed. Who pays is an issue. The County can add more enforcement and watch everything, and best management practices will still only be 80 percent effective, according to the Department of Ecology. Make sure they don't add to existing degradation. Whatcom County Council, 3/15/2005, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Nelson asked about the effect of many homes being built within a short clearing season. Hart stated the buildable season will be condensed. There are two schools of thought on the effect. One thought from the development community, which became used to the cycle in which they had to build in the City of Bellingham. In the county, there is a big summer push anyway. If there is a hard winter, one wouldn't develop. Weather conditions play a big impact anyway. The effect of a seasonal ban would shorten the season, but he's not sure if it will have a huge impact. Nelson stated a shortened building season will create a larger amount of disturbed land going into the wet season, and no growing will be done. Hart stated a builder would tighten up and clean the site before it's closed down for the rainy season. Brenner stated that if new construction had been stopped two years ago, there still would have been degradation because they are not doing enforcement. The point system isn't working as it is, but there are ways to make it much more simplified during the wet months. Get more restrictive, but allow people who are not the problem to build. The existing enforcement staff would only deal with a small percentage of properties, which would reduce their workload. Roy stated she senses an administrative philosophy of working with the builders and not using a heavy hand on them. However, the County must get stricter. This is an interim ordinance. The Council's intent was to amend it and implement a revised point system into it. She's voting for the ordinance because she assumes the Council will make adjustments as part of a strategy to lift the moratorium. Bellingham has a seasonal land clearing ban. It doesn't mean one can't build in the winter. One can continue to build a house, but not disturb the land. It's not like building is prohibited. When the Council approved the moratorium, it said it will work on all these issues. The Council is still working on the issues. McShane stated he agreed this is an interim ordinance, effective for no longer than six months. The intent is to work on several elements related to the moratorium and point system. This is the beginning of several interim ordinances that initially set a high threshold but will eventually be adjusted based on thoughtful analysis. He's interested in seeing if there is another way of structuring the point system. For instance, there are flat lots that contribute runoff terribly, depending on the soil. Frequently, the Council wants to talk about other issues when it talks about Lake Whatcom. This is not the end -all solution. The Council must deal with a lot of small aspects because there are many non -point pollution sources. A solution will take a lot of small actions to make any difference. Unfortunately, they won't see positive results while the current councilmembers are still on the Council. Whatcom County Council, 3/15/2005, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Caskey- Schreiber stated there will still be land clearing next year. The 250 permitted plans that the Planning Department rushed through are exempt from this. Brenner stated that's not correct. Pete Kremen, County Executive, stated the Planning Department didn't rush through anything. The Department rushed through what the Council passed. That is a degrading comment about a staff that works hard to please the Council and serve the public. Caskey- Schreiber stated she apologized. It seemed to her that processing 250 permits in five -days was a rush job. Brenner stated the Council could adopt her amendments and have something to deal with winter development before that time. Fix the point system now instead of adopting this blanket ban until the point system is fixed. It's overkill before trying something that may work just as well. Don't apply the most stringent measure possible. Instead, approve regulation that is stringent for some, but not all. Nelson stated a land clearing ban should be based on actual precipitation loads. McShane September is a tremendous growth month to establish vegetation, particularly groundcover. If planted in September, vegetation will most likely become very well established by the time the big rains being in October. If a lot is cleared through September the number of growing days is much less. There is much less sunshine and temperatures are cooler. Dry Octobers are actually quite cold. By November, when it gets really wet, the vegetation is poorly established. That's the reason he proposed a date of September 1. If there is a very dry, warm spring, the odds of a saturating rainfall in April are low. One can make that judgment in the spring, but not in the fall. September 1 is the date the manure ordinance goes into effect for those very reasons. They allow manure spreading earlier, depending on the degree growing days that are actually measured. The same thing may be possible in the watershed. If there is a desire to compromise, there could be flexibility in that area. Nelson stated any vegetation planted on a home construction site will be a lawn. If construction isn't done, no one will want to put in a lawn when building equipment still has to move around on it. It will be a waste of their money. McShane stated that is a legitimate question that would be addressed as a part of this interim ordinance. The original recommendation from administration was a seasonal restriction. The point system was crafted subsequent as a compromise. There is clear indication that it isn't working. The Council won't Whatcom County Council, 3/15/2005, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. resolve tonight how the point system will work. There are ways to make it work better. Roy stated the average number of growing days in September is 499 and in October is 287. That is the argument that persuaded her to be in favor of September. Nelson stated he wanted to amend the ordinance, "April 1, as long as the previous two weeks have not had more than three days greater than 1 /10th of an inch of precipitation per day" and "October 1 as long as the previous two weeks have not had more than 1 /10th of an inch of precipitation per day." This would match with the dry season. McShane stated it would be appropriate to have staff do research on that suggestion. Nelson stated he cannot support the ordinance because there is no information to substantiate the dates. McShane stated they did get information to substantiate the September 1 date. Caskey- Schreiber stated the Council discussed this at length during the last Lake Whatcom work session. Department of Ecology staff Andrew Craig suggested these were the optimal timeframes to allow clearing without sediment loading to the lake. Keep in mind that there are 250 permitted permits excluded from the restriction. (Clerk's Note: End of tape one, side 8.) Caskey- Schreiber continued to state those with permits in hand will not have these regulations apply. Brenner asked if this ban will apply to everyone. Karen Frakes, Senior Civil Deputy Prosecutor, stated that the completed and filed applications would be vested. Those with scheduled appointments do not have complete and filed applications, according to the County vesting ordinance. They are not vested and would be subject to this ordinance. Brenner stated she thought vesting has to do with whether or not someone has the right to build, not the building regulations in place. Frakes stated what's relevant is the laws that existed at the time a complete application is filed. Caskey- Schreiber stated 250 applications are complete and filed. Whatcom County Council, 3/15/2005, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Brenner moved to amend Exhibit A, section 20.80.735(e)(i) on Council packet page 387, "...as defined in WCC 20.97.054, that will result in expesed seils exeeeding 599 square feet on slopes within the complete area of disturbance that exceed 15 percent, or on which the complete area of disturbance contains soil types C and D, or is within 1,000 feet of a body of water shall not be permitted from September 1St through April 30th." Slopes of 15 percent to 35 percent are considered steep slopes. Soil types C and D have very low ability to absorb water. The Council has decided that 1,000 feet is a good size buffer for other things. That's quite a bit farther than the Critical Area Ordinance. It allows a longer distance from the disturbance and the water body. This amendment allows properties that don't have one of these three conditions to build. The County would allow much less building during the rainy season, and the properties have very little chance of contributing runoff. Roy stated she wants more time to have a discussion about this option. The amendment sounds logical, and she would like to work toward something like this. She would rather put the amendment positively, to say what will be allowed. Take more time to talk about it. The Council's intent is to fine -tune the conditions. Crawford stated he also wants more time to consider the amendment. The Council needs staff analysis on the amendment. This isn't a way to make law. They need a topographic map of the Lake Whatcom watershed to see what is and isn't included. Find out the number of people who would be impacted by the amendment. He supports delaying the vote. He's not comfortable putting on a different set of parameters without understanding how many buildable sites would be affected. The amendment sounds reasonable. Brenner stated the Council will vote on and adopt the ordinance tonight. She doesn't want to punish properties that won't contribute to the problem. She copied the existing negative wording about what shall not be permitted. This is a place to start from. They have three months, if it's not right, to fix it. It's better than starting from nothing. Crawford stated he agreed. Caskey- Schreiber stated she is opposed to the amendment. Her purpose is to assume the worst case scenario, then lift restrictions as they prove controls can be done safely. The Council has heard that if best management practices meet code 100 percent, they are only 80 percent effective. There are 250 permits that won't even be required to do this. Nelson stated they need many things in the watershed. This is only one small step. He agreed that there are other steps that need to be done. To accomplish the steps, the Council needs cooperation from everyone in the community. Start paying attention to the concerns of Sudden Valley, which has worked very hard. Maintain a collaborative relationship with Water District 10 and Whatcom County Council, 3/15/2005, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. other groups. He supports the amendment. A hand reached out is more effective than the existing process. Brenner stated the staff would not say that best management practices with these kinds of soil types, slope, and proximity to water would only be 80 percent effective. They would be 100 percent effective. It will be close to 100 percent even without best management practices. Staff is talking about the total watershed. She's not sure she agrees. Engineers have said they can keep erosion from coming off a property with best management practices. Her amendment sets high standards. McShane stated a slope of 15 percent is steep. The slope of Alabama Hill is only eight or nine percent. Brenner stated that's not a steep slope. The soil types are still in there as another condition. Roy stated before she votes on slopes or anything else, she wants to know more information. Motion to amend failed 3 -4 with Nelson, Brenner, and Crawford in favor. Motion to adopt the interim ordinance 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 four and six through thirteen. The administration withdrew item five from the agenda. Brenner withdrew item nine. Motion to approve Consent Agenda items one through four, six through eight, and ten through thirteen carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO PROVIDE SUPPORT FOR THE HOMELESS HOUSING RENTAL ASSISTANCE VOUCHER PROGRAM AND OPERATING AND MAINTENANCE SUPPORT FOR DOROTHY PLACE IN THE AMOUNT OF $40,000 (AB2005 -131) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND CASCADE Whatcom County Council, 3/15/2005, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. VOCATIONAL SERVICES TO DEVELOP WORK- STUDY, INTERN AND VOLUNTEER RESOURCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES IN THE AMOUNT OF $24,660 (AB2005 -132) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND PSYCHIATRIC CLINIC TO PROVIDE ADDITIONAL FUNDING FOR BEHAVIORAL HEALTH OUTREACH SERVICES IN THE JAIL, IN THE AMOUNT OF $23,000 FOR A TOTAL AMENDED AGREEMENT IN THE AMOUNT OF $185,122 (AB2005 -133) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE OPERATION OF THE LAKEWAY YARD WASTE FACILITY IN THE AMOUNT OF $240,000 (AB2005 -134) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY, WSU EXTENSION FOR PILOT WATER QUALITY TELEMETRY TO SUPPORT STEWARDSHIP FOR CENTENNIAL GRANT, IN THE AMOUNT OF $30,000 (AB2005 -135) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM UTILIZING ECONOMIC DEVELOPMENT INVESTMENT PROGRAM (EDI) FUNDING FOR CONSTRUCTION OF DEPOT MARKET SQUARE, IN THE AMOUNT OF $214,000 (AB2005- 136) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05- 10 FOR AGGREGATE CRUSHING TO THE LOW BIDDER, AGGREGATES WEST, IN THE AMOUNT OF $970,909.50 (AB2005 -137) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF LIGNOSITE FROM SOLE SOURCE PROVIDER, CURT MEENDERINCK, LLC, FOR DUST CONTROL ON COUNTY ROADS IN THE AMOUNT OF $64,800 (AB2005 -138) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF A MECHANICAL SWEEPER, USING THE WASHINGTON STATE CONTRACT, FROM SAHLBERG EQUIPMENT IN THE AMOUNT OF $149,274 (AB2005 -139) Nelson moved to approve the request. This is a replacement sweeper. Brenner stated she didn't vote for the first sweeper. This is a service the County can contract out. Whatcom County Council, 3/15/2005, Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Crawford stated this is not the special sweeper for the Lake Whatcom watershed. It is a sweeper used in road construction projects. Motion carried 6 -1 with Brenner opposed. 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF FOUR REPLACEMENT VEHICLES, USING THE WASHINGTON STATE CONTRACT, FROM BUD CLARY CHEVROLET IN THE AMOUNT OF $80,520 (AB2005 -140) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF EIGHT HYBRID SEDANS, USING THE WASHINGTON STATE CONTRACT, FROM BUD CLARY OF YAKIMA, IN THE AMOUNT OF $184,000 (AB2005 -141) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF FOUR REPLACEMENT VEHICLES, USING THE WASHINGTON STATE CONTRACT, FROM BUD CLARY CHEVROLET, IN THE AMOUNT OF $92,000 (AB2005 -142) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND WYATT RUSS, ROBBY ADER, AND LUKE SWEDELIUS TO LEASE THE HOUSE LOCATED AT 367 E. LAKE SAMISH DRIVE, BELLINGHAM IN THE AMOUNT OF $895 PER MONTH (AB2005 -143) OTHER ITEMS 1. RESOLUTION ADOPTING THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE'S RANKING OF APPLICATIONS AND AUTHORIZATION TO CONTINUE WITH PURCHASE OF DEVELOPMENT RIGHTS ACQUISITIONS FOR ROUND 3, 2004 (AB2005 -130) McShane reported for the Natural Resources Committee and moved to approve the resolution. Motion carried unanimously. 2. APPROVAL OF REQUEST FOR A ONE -YEAR PLAT EXTENSION FILED BY LOIS MEYERS (LONG PLAT - MEYERS' PLAT, LSS98 -007) (AB2005- 128) Whatcom County Council, 3/15/2005, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Fleetwood reported for the Planning and Development Committee and moved to approve the request. Motion carried unanimously. 3. ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER 20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND ZONING DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED (AB2005 -105) Fleetwood reported for the Planning and Development Committee and stated this item has been held in committee for two weeks. Crawford asked for a legal discussion in executive session in two weeks. He understands the neighborhood association is challenging the prevailing legal opinion on whether or not this can be a part of Title 20. Caskey- Schreiber stated legal counsel will review it. 4. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF WALTER LOCKWOOD AND GORDON ROGERS TO THE PARKS AND RECREATION COMMISSION (AB2005 -144) Nelson moved to confirm the appointments. Motion carried unanimously. S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF BARBARA DYKES TO THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE (AB2005 -145) Brenner moved to confirm the appointment. Motion carried unanimously. 6. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF JANET JENSEN TO THE DEVELOPMENTAL DISABILITIES BOARD (AB2005 -146) Roy moved to confirm the appointment. Motion carried unanimously. INTRODUCTION ITEMS Whatcom County Council, 3/15/2005, Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Nelson moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE AMENDING 2005 WHATCOM COUNTY BUDGET, REQUEST NO. 3 (AB2005 -147) 2. ORDINANCE REMOVING AN EXISTING SCHOOL SPEED LIMIT ON SILVER LAKE ROAD (AB2005 -148) 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTERS 20.37 — POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT, 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT, AND 20.97 — DEFINITIONS TO CLARIFY REQUIREMENTS AND STANDARDS FOR CLUSTER SUBDIVISIONS (AB2005 -149) 4. ORDINANCE ACCEPTING AND ADOPTING THE SOUTH PORTION OF LAKEVIEW STREET AS A WHATCOM COUNTY ROAD (AB2005 -150) S. ORDINANCE AMENDING THE TEXT OF THE RESIDENTIAL RURAL, RURAL AND RESORT COMMERCIAL ZONING DISTRICTS AND THE DEFINITION OF "PUBLIC WATER" IN THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) (AB2005 -151) 6. RESOLUTION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING APPLICATION (AB2005 -152) 7. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 16, ON AN INTERIM BASIS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR WETLANDS AND GEOLOGICAL HAZARD AREAS (AB2005 -127) OTHER BUSINESS Fleetwood stated the resolution initiating Comprehensive Plan and zoning amendments for 2005 (AB2005 -084) has been in the Planning Committee for a number of months. The items were all finalized today, and will come forward to the Council in two weeks. Nelson stated the Finance and Administrative Services Committee discussed office space concerns with Deputy Administrate Dewey Desler, who will continue to provide information in committee. If councilmembers are interested in this issue, they may want to attend the committee meetings. Whatcom County Council, 3/15/2005, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Caskey- Schreiber stated the Council has a Water Resources work session on Tuesday, March 22 at 10:00 a.m. and a Parks Department meeting at 1:30 p.m. On March 23 at 6:30, the Council has a Joint Lake Whatcom Management meeting with the City and Water District 10 to discuss stormwater around Lake Whatcom. Caskey- Schreiber stated councilmembers had a good experience last week lobbying for the county in Washington D.C. ADJOURN The meeting adjourned at 8:57 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on April 12 , 2005. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey- Schreiber, Council Chair Whatcom County Council, 3/15/2005, Page 19