HomeMy WebLinkAboutCouncil January 27 20041
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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
January 27, 2004
Council Chair Dan McShane called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that there was discussion regarding legal aspects of
the draft Instream Flow Action Plan (AB2004 -084) in executive session during
the Committee of the Whole meeting.
OPEN SESSION
The following people spoke:
Michael Waters, 1016 Coronado Avenue, Lake Whatcom, stated a lot of
people on Whatcom County enjoy a lot of types of recreation. One type of
recreation that people enjoy is responsible motor boating on the lake. A lot of
people in the community don't like motorboats. The science says motor boating is
not a big impact on the lake. There are some who would like to get rid of
motorboats on the lake because of the water quality, but they don't have any
science to back it up. He asked the Council to consider the science and not make
decisions that would forward the interests of one group over the interests of
another group. He doesn't want a community that caters to one particular group,
idea, or interest. Have a variety of interests and opportunities.
Dennis Jones, 1487 Sudden Valley, stated he is a member of
www.prowhatcom.org. He agrees with Chris Spens that recreational uses have
probably less impact than forestry or housing on the lake. The science will prove
Whatcom County Council, 1/27/2004, Page 1
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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.
the problems on that issue. He lives in Sudden Valley, where less than ten or 15
percent of the people vote. On February 7, they have an opportunity to deal with
the republican and democratic platforms. Make Sudden Valley a community, but
not a city. He lives in a watershed that can be a model for sustainable housing,
forestry, and recreation. He is familiar with other areas in the country that are
sustainable. Study the Comprehensive Plan and watershed plans that are online.
There was a debate on whether they can maintain Lake Whatcom water quality.
The downside was from the extremely cynical environmentalists, not the builders.
They can make this watershed a model for the state of Washington.
Ben Hinkle, 2582 North Shore Road, Bellingham, stated he presented a
statement to the councilmembers before the meeting regarding the United Nations.
The people of the United States are under two, different sovereign laws, the U.S.
Constitution and United Nations' Charter. One will overrule the other unless they
do something about it. The excuse is that this is not a local issue, but that's not
true. The nation was founded with the idea that the citizens are in control. The
government closest to the citizens is the county government. The federal
government isn't going to take action until the pressure comes from the citizens.
He asked each councilmember to vote on their position on House Bill (HB)1146
regarding getting out of the United Nations.
Roy stated she did not support the House Bill.
Nelson stated he did not support the House Bill.
McShane stated he did not support the House Bill.
Caskey- Schreiber stated she does not support the House Bill. The United
Nations is a good thing to participate in.
Crawford stated he chooses not to answer the question.
Brenner stated she did not support the House Bill.
Fleetwood stated he did not support the House Bill.
Hinkle stated the councilmembers have taken an oath to uphold and defend
the U.S. Constitution, and they choose to support the United Nations charter
instead.
Evan Schweder, 2400 Huron Street, Bellingham, stated he is working on his
Boy Scout merit badge. He asked what councilmembers do for their jobs.
McShane suggested that Mr. Schweder call the councilmembers individually
to get that information.
Whatcom County Council, 1/27/2004, Page 2
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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.
Patrick Alesse, 4825 Alderson Road, stated he has concerns about Consent
Agenda item six. The County needs this money for other things. If the Port really
wants to stimulate the economy, sell off their property holdings. The County does
wonderful things backwards. People start small businesses all over the county. It's
a great incubator for small businesses. When they move to town, they have to find
tax money. They're talking about taking private property out of the tax base to
build a jail when the Port property would have been an excellent place to put a jail.
Crawford stated the money is a loan. It's being paid back with interest. The
Port already owns the property. The source of the money didn't come out of the
general fund or property taxes, but from the State of Washington as a rebate on
sales tax. The State has a narrowly defined scope for what the County can use
these monies. The County set up a program through which people can apply to
borrow this money. The Port has applied. Alesse stated they shouldn't spend
money just because it's from the federal government.
Chris Dillard, 2216 G Street, Bellingham, stated there was a comment earlier
that there was no science to support a ban on motorboats on Lake Whatcom. In
fact, they all know that there is measurable benzene in all the drinking water, and
the benzene goes up in the summer when there are boats. The question is how
much benzene they are comfortable with drinking.
The boat issue isn't the biggest threat to the lake, which is residential
development. He encouraged and supported the transfer of development rights
(TDR) program. It's exciting to see it coming together. There's been a lot of talk
about receiving areas. Think of other ways to creatively make more demand for
the purchase of development rights. Anytime a poor planning decision is allowed,
they should see if there is a way to require that person to participate in the
program so the community gets something back from that poor planning decision.
He heard about the successful purchase of development rights from the
watershed. He has also learned that those six development rights may not have
existed in the first place. They may have just spent $12,000 and set the first
precedent of purchasing non - existent development rights. Correct that problem so
it doesn't happen again in the future, and find a way to get their money back. It's
a horrible precedent to set.
McShane stated the Council will address in a future meeting an amendment
to the TDR program that will take care of that issue. The problem is a flaw in the
text of the code that has already been rewritten.
Marian Beddill, 3600 Seeley, stated she supports comments spoken by Chris
Dillard. Next, paper ballots for elections are needed. When the time comes to
purchase the expansion of the Whatcom County voting system, be sure that a
paper ballot viewed by the voter in the booth is essential to maintain the integrity
of the vote count. They are a certain and reliable method of verifying the votes.
Whatcom County Council, 1/27/2004, Page 3
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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.
Larry Quimbleton: 2327 North Shore Road, Bellingham, stated he tested
water in the lake a few days ago. The water tested great for drinking water. As a
homeowner, he's concerned about his property values. He moved to Lake
Whatcom to have a dock and a boat. If he thought his boat would create health
problems, he'd gladly give it up. Water quality does fluctuate during the summer.
Cars and runoff are greater issues. There is an alternative to move the water
intake to the diversion dam or to Basin three. That would enhance the water
quality. He draws directly out of the lake. He tests his water periodically through
the summer, and it comes back great. He treats it with an ultraviolet system. If
motorboats are banned from the lake, there will be property value and quality of
life issues. The main source of drinking water for Sacramento, California is Fulsom
Lake, which has 2 million boats. There was never an issue. He asked the Council
to take a hard look at moving the intake.
Ken Bell, 4019 E. Maryland, Bellingham, stated the water quality facts can be
debated back and forth. When there are problems like this, the solution always
seems to be to take something away. There are big problems that can be solved
without creating divisiveness in the community. There are ways to divert traffic
from the lake and keep impacts out of the lake. There are ways to enhance the
oxygen level or to keep it from degrading any further. If they take all the boats off
the lake tomorrow, the quality would still deteriorate. The councilmembers should
use their positions to say this is what they're going to do proactively to help the
Mayor, County Executive, and Water District 10 to work together positively. Look
at positive solutions that don't cause divisiveness.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through ten.
McShane withdrew Consent Agenda items six and eight.
Motion to approve Consent Agenda items one through five, seven,
nine, and ten carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM COUNSELING AND PSYCHIATRIC CLINIC TO PROVIDE A
VARIETY OF MENTAL HEALTH SERVICES INCLUDING JAIL CASE
MANAGEMENT PROGRAM, ELDER - GATEKEEPER SERVICES,
SUPPORTED LIVING, ACTIVITY CENTER (RAINBOW CENTER), AND
PEER COUNSELOR OUTREACH PROJECT, IN THE AMOUNT OF
$206,622 (AB2004 -068)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICE CONTRACT BETWEEN WHATCOM COUNTY
Whatcom County Council, 1/27/2004, Page 4
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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 CATHOLIC COMMUNITY SERVICES OF WESTERN WASHINGTON —
NORTHWEST TO PROVIDE FAMILY RESPITE, OUTPATIENT MENTAL
HEALTH AND SUBSTANCE ABUSE SERVICES, AND PSYCHIATRIC
CONSULTATION FOR CHILDREN AND THEIR FAMILIES, IN THE
AMOUNT OF $30,958 (AB2004 -069)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHATCOM COUNTY AND WESTCOAST COUNSELING AND TREATMENT
CENTER FOR OUTREACH AND ENGAGEMENT SERVICES TO PEOPLE
WITH SEVERE SUBSTANCE ABUSE PROBLEMS IN CRISIS, IN THE
AMOUNT OF $60,000 FOR A TOTAL AMENDED CONTRACT IN THE
AMOUNT OF $107,500 (AB2004 -070)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND SUN
COMMUNITY SERVICES TO PROVIDE SHORT -TERM TRANSITIONAL
HOUSING SERVICES TO WHATCOM COUNTY CONSUMERS WITH
MENTAL ILLNESS, IN THE AMOUNT OF $93,302 (AB2004 -071)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
DEPARTMENT OF ECOLOGY TO PROVIDE FOR REIMBURSEMENT OF
75% OF THE COUNTY'S COSTS FOR CONTINUING IMPLEMENTATION
OF THE RIPARIAN REVEGETATION PROGRAM, IN THE AMOUNT OF
$666,667 (AB2004 -072)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ECONOMIC DEVELOPMENT INVESTMENT PROGRAM INTERLOCAL
LOAN AGREEMENT BETWEEN WHATCOM COUNTY AND THE PORT OF
BELLINGHAM, IN THE AMOUNT OF $500,000 (AB2004 -073)
McShane stated he's been sitting on the fence regarding this item. He would
vote for it. The case was made that there could be some real benefit to this. It is a
loan, but it takes away other opportunities to use the money. He is leery of some
of the things the Port may use the money for that goes beyond benefiting
Woodstone. This decision was a close call. It is a very advantageous loan because
the interest rate is very low. These are good - paying jobs with a company that will
hopefully stay in Whatcom County.
Crawford moved to approve the request.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF THREE POLICE PURSUIT VEHICLES USING THE
Whatcom County Council, 1/27/2004, Page 5
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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.
WASHINGTON STATE CONTRACT, FROM FRONTIER FORD FOR A
TOTAL PURCHASE PRICE OF $67,697.35 (AB2004 -074)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF FOUR REPLACEMENT VEHICLES USING THE
WASHINGTON STATE CONTRACT, FROM COLUMBIA FORD FOR A
TOTAL PURCHASE PRICE OF $110,454.72 (AB2004 -075)
McShane asked if there was any discussion about these large vehicles
replacing smaller vehicles.
Crawford stated they will replace a mix of sport utility vehicles and Crowne
Victoria's with four sport utility vehicles that are not pursuit vehicles, but they are
all- weather vehicles.
Brenner stated that if this request came from anyone else, she wouldn't
support it. However, she trusts the Sheriff's Office request. They've been pretty
frugal with their requests. She would support the motion. These guys operate
under a lot of pressure and in a lot of danger. She's willing to do whatever the
Council can do to help them protect the community.
Crawford moved to approve the request.
Motion carried 6 -1 with McShane opposed.
9. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY
TAXES (AB2004 -076)
10. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY TAX
REFUNDS (AB2004 -077)
PUBLIC HEARING
1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #09 -03 (AB2003 -412A)
McShane stated the public hearing has remained opened since the January
13, 2004 County Council Meeting to receive language regarding covenants that
would go with those lands in Sudden Valley. That language is not yet in the
resolutions. The Council will continue the public hearing. The Council would
address all ten public hearing items regarding tax title properties concurrently. The
following people spoke:
Phillip Damon, citizen, spoke regarding Public Hearing item number four, the
resolution to sell tax -title property by public auction, request #12 -03
(AB2003- 415A). This property is contiguous to his property. When he applied
Whatcom County Council, 1/27/2004, Page 6
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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.
to bid on this property, the restrictive covenant concept wasn't in play. Now it is.
If this property has the restrictive covenant, he questions the propriety of his bid.
He prefers to have the property protected. He doesn't necessarily need to buy it to
protect the property, given the covenant.
McShane stated this property would have the restrictive covenant. The
property will be up for bid, but the restriction will go with the property.
Damon asked if the covenant will be against any kind of building on the
property.
McShane stated that's what he understands.
Damon asked why anyone other than himself would do that.
McShane stated Sudden Valley, Whatcom County, the City of Bellingham,
and Water District 10 has an agreement to reduce the number of potential building
sites in Sudden Valley. These lots are part of that agreement. Other lots have
been sold in Sudden Valley are not included with restrictive covenants. If they
don't want to buy a property that has a restrictive covenant, they shouldn't buy it.
They should buy it if there is an advantage.
Bruce Roll, Water Resources Division Manager, stated they haven't received
the formal documents from Sudden Valley and Water District 10. When they have,
the County will file these covenants on the lots. The intent of the agreement was
to purchase these lots if they are available, that would then transfer these
covenants to the Sudden Valley Community Association. Sudden Valley would
make sure that covenant is adhered to. If Mr. Damon and no one else bids on it, it
would go to Sudden Valley with the covenant. If someone does bid on it, the
covenant is still applicable.
Damon asked if the covenant is engraved in stone, or if the community
association could change its mind.
Caskey- Schreiber stated the community association may swap the lot with a
more desirable lot.
Roll stated Mr. Damon needs to talk to the community association, which has
certain rights. The rights don't include building out the lots, but they do include
shifting certain lots to other activities.
Damon asked if he can still withdraw his application.
McShane stated Mr. Damon needs to talk to staff who are very familiar with
the process.
Hearing no one else, McShane closed the public hearing
Whatcom County Council, 1/27/2004, Page 7
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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.
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #10 -03 (AB2003 -413A)
See Public Hearing item one.
3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #11 -03 (AB2003 -414 A)
See Public Hearing item one.
4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #12 -03 (AB2003 -415A)
See Public Hearing item one.
S. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #13 -03 (AB2003 -416A)
See Public Hearing item one.
6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #14 -03 (AB2003 -417A)
See Public Hearing item one.
7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #15 -03 (AB2003 -418A)
See Public Hearing item one.
S. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #16 -03 (AB2003 -419A)
See Public Hearing item one.
9. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #17 -03 (AB2003 -420A)
See Public Hearing item one.
10. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #18 -03 (AB2003 -421A)
See Public Hearing item one.
Whatcom County Council, 1/27/2004, Page 8
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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.
11. ORDINANCE ADOPTING AMENDMENTS TO THE ENVIRONMENT
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(CHAPTER 11) (AB2003 -075D)
Jeff Chalfant, Senior Planner, gave a staff report and stated there is a
substitute version of Chapter 11 that includes the most recent revisions made by
the Natural Resources Committee. He discussed the changes to chapter 11.
McShane stated that due to substantive changes to the ordinance that
wasn't in the Council packet, the hearing will be held open to February 10.
(Clerk's Note: End of tape one, side A)
The following people spoke:
Mary Dickinson, Building Industry Association Governmental Affairs Director,
stated she wanted to defer speaking on the subject until the next meeting so that
she has time to review the new version of the document.
Hearing no one else, McShane closed the public hearing.
12. ORDINANCE PROPOSING A REVISION TO WHATCOM COUNTY CODE
24.06, SOLID WASTE RULES AND REGULATIONS — STANDARDS AND
PERMITS, AND REPEALING WHATCOM COUNTY CODE 24.08,
DEMOLITION AND INERT LANDFILL REGULATIONS (COUNCIL
ACTING AS THE HEALTH BOARD) (AB2004 -061)
McShane opened the public hearing, and hearing no one, closed the public
hearing.
Crawford moved to adopt the ordinance.
Motion carried unanimously.
13. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.20 BY IMPOSING
AN ADDITIONAL ONE QUARTER PERCENT REAL ESTATE EXCISE TAX
UPON THE SALE OF REAL PROPERTY IN THE UNINCORPORATED
AREAS OF THE COUNTY AND ALTERING SUBSECTION 3.20.050B TO
REFLECT STATE LEGISLATIVE RESTRICTIONS UPON THE
EXPENDITURE OF EXISTING COUNTY REAL ESTATE EXCISE TAX
REVENUES (AB2004 -066)
McShane opened the public hearing, and the following people spoke:
Dennis Jones, 1487 Sudden Valley, stated he is a member of www.Pro-
Whatcom.org. The Real Estate Excise Tax (REET) increase is preferred over a
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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.
property tax increase, which can impact seniors and people on limited incomes.
They need the money for the trails, parks, and green spaces. Washington State is
one of the largest states that doesn't have a State income tax. They rely on other
taxes, including property taxes. Support the REET increase. Another way would be
to do a levy according to the Revised Code of Washington (RCW) 36.69.
Patrick Alesse, Alderson Road, Birch Bay, stated he supports the tax, but the
money should be spent in the area where it is collected.
Hearing no one else, McShane closed the public hearing
Caskey- Schreiber moved to adopt the ordinance. This is one tool they
have to deal with problems that are the result of a growing community. The
increase will provide upgrades to stormwater systems and park maintenance. The
increase will free up $250,000 or more in the general fund right away. Every
county in the state with a population over 50,000 in unincorporated areas, except
Yakima and Whatcom counties, already have this tax in place to the maximum
amount. It's like an impact fee that can offset the negative impacts of growth.
They can enhance the community's quality of life and be better off in the long run.
Crawford stated he would support the increase, but he has reservations.
One concern is about passing a tax increase without specifically saying what it's for.
The State legislature essentially already passed this tax, which the county can
ratify. Housing affordability is another concern. In the long run, the significant
land use decisions will have a lot more to do with housing affordability than
whether or not the Real Estate Excise Tax is .25 percent or .5 percent. The County
is going to need an additional one -tenth of one percent property tax increase for
criminal justice. He hoped the public is clear about how the Council is designating
taxes, and that the Council is being perceived as operating with a sense of justice
and good stewardship over tax dollars. These are not frivolously made decisions.
He likes the idea of an excise tax that is affected every time a real estate
transaction occurs.
He doesn't look on this as an impact fee, which is assessed against new
construction. Many of the new homes constructed in Whatcom County are
purchased by move -up buyers, such as empty- nesters. They have to pay an
impact fee. In the meantime, the entry level buyer who is buying the older home
has kids, is not paying an impact fee, and is dumping more kids into the school
system. He has advocated to eliminate impact fees in the State of Washington,
and replace them with legislatively approved increases in real estate excise taxes.
The excise taxes would be spread out equally. That legislation was not approved.
He liked the idea that they're not hitting the seniors with this tax.
Brenner stated she supported the REET increase with reservations. There
are some people who are merely trading places, who are not building anything
new, and who are not dumping children anywhere. They're still going to pay fees.
It takes money away from people. However, it's a fairer tax. They're asking
Whatcom County Council, 1/27/2004, Page 10
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.
1 people to pay money at a time when they have it rather than asking people to pay
2 property taxes just because. When they're doing a transaction, it's generally
3 understood that money is involved and money may be available. That doesn't take
4 into account the people who are losing money on their houses.
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6 This will help a lot with infrastructure on new construction and houses that
7 are in developments. If they can, keep the work that gets done as close to the
8 place where the tax is collected.
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10 Roy stated this money is restricted to capital facilities and capital projects.
11 The Finance Committee saw a list of projects that the County could fund. There is
12 a real need for the additional income. This is a one -time charge, during the
13 transaction. There seems to be a very direct connection between the people
14 paying the taxes and the services that are needed. The tax is for infrastructure
15 and public facilities. The additional population is driving the County's need for this
16 kind of infrastructure. There is a direct correlation between the tax and the
17 impacts that those who pay the tax create. In Whatcom County, only Sumas and
18 the unincorporated areas don't collect this tax. The other cities in the county
19 already collect this tax. Right now, it's cheaper to move to unincorporated areas in
20 the county than the cities. In some ways, they are not subsidizing the growth as
21 much as they were before.
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23 Fleetwood stated he supports the increase. It will mitigate the impacts of
24 explosive growth.
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26 Nelson stated he is against the tax. There is over $9 million in the road
27 fund. The flood tax provides money for flood projects. Mr. Monsen provided a list
28 of potential future projects. Regarding the list, the Council has already had battles
29 with the public about not spending money on some of those projects. Other
30 projects he has not seen at all. The issue deserves more discussion. He's not
31 opposed to the tax. It's fair. He's not convinced that the money needs to be
32 drawn from the public now.
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34 McShane stated he is in favor of the increase. He's been frustrated in the
35 past about not having money available for some capital projects that would have
36 prevented harm to the County's investments, particularly in parks. The money in
37 the general fund isn't there. There are many other demands, especially with
38 criminal justice and basic County services. He has received complaints about what
39 the County is doing with its park facilities. In the future, look at the stormwater
40 issues that parts of the county will face. They are significant. He's leery about
41 funding those with a local improvement district charge or annual taxes the County
42 might have to implement. He agreed that there isn't a specific list of projects this
43 money would go to. At the same time, their hands aren't tied. The Council can set
44 policy that would be appropriate. They should have a healthy discussion about just
45 how this money would be used in the future. It's a pressing need. This is an
46 opportunity to come up with something that is fair and more progressive than all
47 the potential revenue sources they could use.
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Caskey- Schreiber stated the ordinance won't take effect for 60 days. It will
take awhile before the County has collected enough money to do something
constructive with some of the big projects that were on the list. The Council will
have a lengthy process to determine the best use of the money.
McShane moved to amend the ordinance to add, "BE IT FURTHER
ORDAINED that the collection of the real estate excise tax will be implemented 60
days after the passage of this ordinance." This amendment gives some time to the
treasurer's office to get the word out to those who would actually collect the tax
through closing transactions.
Motion to amend carried unanimously.
Motion to adopt as amended carried 6 -1 with Nelson oppose.
OTHER ITEMS
1. RESOLUTION APPROVING A MINERAL RESOURCE STUDY FOR
WHATCOM COUNTY, RECENTLY COMPLETED BY GEO- ENGINEERS
(AB2003 -391)
Roy reported for the Natural Resources Committee and moved to approve
the resolution.
McShane stated he is in favor of the resolution. He thanked all the
councilmembers, who all played a role in making sure this report is a good one.
The Council gave the administration direction on the scope of work for this project.
The result is well- thought out. It is a very well done report.
Roy stated the report has recommendations for the future. The next step is
to create the resource overlays for the map.
Nelson stated the Surface Mining Advisory Committee reviewed the study.
He asked if the Council has to reinstate the advisory committee. The Council
recently put the advisory committee on hold until this report was done.
Roy stated the assumption was that the advisory committee would work with
staff to make recommendations. A representative of the advisory committee
attended the Natural Resources Committee.
Sylvia Goodwin, Planning Division Manager, stated that if the Council needs
to reinstate the advisory committee, she will bring a resolution forward to the
Council that does that. She doesn't think it's necessary right now.
Motion carried unanimously,
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2. DISCUSSION REGARDING THE DRAFT INTERLOCAL AGREEMENT
BETWEEN THE LUMMI NATION, NOOKSACK TRIBE, WASHINGTON
STATE DEPARTMENT OF FISH AND WILDLIFE, WHATCOM COUNTY
AND THE CITIES OF BELLINGHAM, BLAINE, EVERSON, FERNDALE,
LYNDEN, NOOKSACK, AND SUMAS (AB2004 -083)
Roy reported for the Natural Resources Committee and stated this item was
for discussion only. No action is necessary at this time.
3. ORDINANCE REVISING WHATCOM COUNTY CODE 24.01,
PUBLIC HEALTH ADVISORY BOARD (COUNCIL ACTING AS
THE HEALTH BOARD) (AB2004 -062)
Crawford reported for the Finance and Administrative Services Committee
and stated this was not a Finance Committee issue.
Crawford moved to adopt the ordinance.
McShane stated he was concerned about changing a position to allow anyone
that is in an ethnic minority. He preferred to keep the position open exclusively for
a tribal member. The tribes have health entities that should always be able to be
included.
Nelson stated the tribes always have a position available to them as an
ethnic minority member. They need to recognize other resources in the
community. At this time, there is not a lot of interest in the advisory board by the
tribes. The County has not been able to fill the tribal position. He hoped they
would have better luck filling the position.
McShane stated adding a position for ethnic minorities is great, but keep a
position open specifically for the tribes.
McShane moved to add an item to Whatcom County Code (WCC) section
24.01.051(B), "(9) One tribal member."
Brenner stated she would support the amendment. The reason the position
was broadened was because the advisory board didn't have the participation to
have a quorum at the meetings.
Caskey- Schreiber asked if they need an odd number of board members.
Regina Delahunt, Health Department Director, stated it isn't necessary.
They'd have to put a provision in the by -laws for a tie - breaker. She preferred to
have an odd number of board members.
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Nelson suggested including members of the Mental Health Advisory Board or
Substance Abuse Advisory Board. However, adding more members makes it more
difficult to get a quorum.
Delahunt stated she wouldn't support a change in the quorum level. She will
continue to try to get a tribal member to participate.
Roy suggested a friendly amendment to amend Whatcom County Code
(WCC) section 24.01.051(B)(5), "One tribal member representing an ethni-e
ority
McShane accepted the friendly amendment.
Brenner stated she'd rather leave the language as it is so they can have a
quorum, which is the problem. If the tribes show an interest, the Council can
revisit the issue.
Nelson suggested a friendly amendment to amend Whatcom County
Code (WCC) section 24.01.051(B)(5), "One tribal member or representing a
representative from an ethnic minority."
McShane accepted the friendly amendment.
Motion to amend carried unanimously.
Caskey- Schreiber asked if the Health Department has tried to recruit a tribal
member. Delahunt stated she has. It's a matter of time. They don't have the staff
and time to participate.
Motion to adopt the ordinance as amended carried unanimously.
4. ORDINANCE AMENDING THE 2004 WHATCOM COUNTY BUDGET,
FIRST REQUEST (AB2004 -063)
Crawford reported for the Finance and Administrative Services Committee
and moved approval.
Motion to adopt carried unanimously.
6. REQUEST AUTHORIZATION TO RENEW WHATCOM COUNTY'S
PROPERTY INSURANCE POLICY (AB2004 -067)
Crawford reported for the Finance and Administrative Services Committee
and stated this item is held until the administration receives all the quotes.
Whatcom County Council, 1/27/2004, Page 14
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S. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02.150,
REGARDING WHATCOM COUNTY COUNCIL STANDING COMMITTEES
(AB2004 -028)
Crawford reported for the Finance and Administrative Services Committee
and stated this item was referred to the Public Works Committee.
Brenner reported for the Public Works and Capital Projects Committee and
moved to adopt the ordinance.
Motion to adopt carried unanimously.
7. COMMITTEE DISCUSSION REGARDING THE POSSIBLE DRAFTING OF
A PROPOSAL TO CHANGE THE PROCEDURES FOR SCHEDULING
AGENDA ITEMS FOR THE 2004 JOINT LAKE MANAGEMENT
COMMITTEE MEETINGS (AB2004 -064)
Brenner reported for the Public Works and Capital Projects Committee and
stated this item was discussed.
Caskey- Schreiber asked to find out if these meetings are appropriate for
public comment. The whole meeting could be taken up by public comments. If the
public expects that these won't include public comment, and it's more appropriate
to go directly to the councils, they won't have to deal with their angst about it.
Come up with a policy about handling public comments. The last couple of
meetings have been handled badly.
Brenner stated the policy already exists. They are required to allow public
comment at these meetings. The meetings need to be run more formally.
(Clerk's Note: End of tape one, side 8.)
Nelson stated the interlocal agreement specifies the items to be on the
agenda of these meetings. If they adhere to the interlocal agreement, they
wouldn't have any problems. He's not against public comment. He just wants
some structure so they can be productive.
8. DISCUSSION REGARDING WHATCOM COUNTY SOLID WASTE
ADVISORY COMMITTEE'S REQUEST FOR DIRECTION REGARDING THE
DRAFTING OF PROPOSED REVISIONS TO THE MANDATORY
COLLECTION ORDINANCE (AB2004 -085)
Brenner reported for the Public Works and Capital Projects Committee and
stated this item is held in committee for two weeks. The committee wants to get a
substantial amount of more information.
Whatcom County Council, 1/27/2004, Page 15
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McShane stated the Solid Waste Advisory Committee is looking to the
Council for guidance on whether or not it should begin working on this item. He's
on the committee, which meets in two days.
Brenner stated she personally is interested in doing that, as long as the Solid
Waste Advisory Committee presents a menu of ideas to choose from, but will
choose to respect the Public Works Committee's desire for more information before
making a decision.
Crawford stated he didn't understand the problem. He'd like more
information on where they come up with the numbers and what they're doing. He
asked if they're looking for things to do.
McShane stated the committee believes that the exemptions from mandatory
garbage service create a couple of problems that are in the letter. One problem is
that there is no ability to track how many people do not have their garbage
collected. They have no idea whether those people are handing their garbage
correctly. They don't know how many people are exempted. That has an impact
on the percent recycled.
Crawford stated he prefers to look at this issue a little more.
Nelson stated it doesn't hurt to look at the ordinance further. He would like
to understand the current process better. They find out from recycling centers and
drop off locations if there is a change in the amount being brought in.
Roy stated she preferred to respect the wishes of the Public Works
Committee, and wait to get the information it needs. The letter from the Solid
Waste Advisory Committee was clear.
Caskey- Schreiber asked how they mandate garbage collection to those who
say they can't afford it. She asked how they get a garbage collector to collect for
those who don't pay their bill.
McShane stated that is one of the problems that the County faces, versus the
cities. Part of the solid waste agreement with the cities is that there is mandatory
collection in the cities. A person has to pay for it. There is a variety of tools to
make someone pay for collection.
Brenner asked if there is a provision for hardship.
McShane stated that issue would have to be taken up by the Solid Waste
Advisory Committee.
COMPREHENSIVE PLAN AMENDMENTS
Whatcom County Council, 1/27/2004, Page 16
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2. ORDINANCE AMENDING THE LAND USE CHAPTER OF THE WHATCOM
COUNTY COMPREHENSIVE PLAN (CHAPTER 2), WHICH INCLUDES
RURAL LANDS (AB2003 -075E)
Fleetwood reported for the Planning Committee and stated this item was
amended and approved for a public hearing in two weeks.
OTHER ITEMS
9. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING
ORDINANCE, CHAPTERS 20.22 (URM) AND 20.24 (URMX) (AB2004-
060)
Fleetwood reported for the Planning and Development Committee.
Troy Holbrook, TDR /PDR Coordinator, stated this ordinance implements the
Comprehensive Plan amendments that are before the Council. He recommended
that the Council postpone adoption until the Comprehensive Plan amendments are
adopted at the concurrency meeting.
Fleetwood stated the committee did a few, unsubstantial amendments to the
ordinance.
10. DISCUSSION REGARDING A POSSIBLE CHANGE TO THE SCHEDULE
FOR COUNCIL COMMITTEE OF THE WHOLE MEETINGS (AB2004-
022A)
McShane stated he would like more flexibility in scheduling Committee of the
Whole meetings, particularly if there's an item they need to spend time on. He
asked to allow the Council Chair leniency on scheduling Committee of the Whole
meetings at different times during the day or on the Tuesdays when regular
meetings are not scheduled. Also, if meetings are held during the day, staff won't
have to stay late. It saves costs for the County.
Brenner stated it's an excellent idea. Try to schedule the Committee of the
Whole meetings on Tuesdays when there aren't regularly scheduled Council and
committee meetings. However, some things come up at the last minute. There is
also sometimes a tight timeframe when they have to be done. Reducing the
number of topics would also be useful. She supports the request.
Roy stated she supports the request, with the promise of keeping them to a
minimum. She fears that they will begin scheduling a Committee of the Whole
meeting, whether they need to or not, on Tuesdays that aren't regular meeting
days. Make sure the meetings are necessary.
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Nelson stated the County Council used to meet regularly every Tuesday.
There were times the Council spent the entire day working on the Comprehensive
Plan. He recognizes the need to have time available to meet constituents.
Caskey- Schreiber stated she supports the request, when necessary. Leave
enough time for lunch.
Crawford stated he's not excited about filling up the alternate Tuesdays with
meetings. He appreciates the historical perspective, but it's not his perspective.
He asked if the Council could, with the theoretically reduced workload of the water
resource inventory area (WRIA) process, shorten the work sessions to a two -hour
meeting instead of three hours, and then fit in one hour of Committee of the Whole
if needed.
McShane stated that is an option.
Brenner stated she would love to have two -hour WRIA meetings, but the
Council still may need the longer work sessions. Don't cut back the WRIA meeting
to the point where they can't discuss issues.
The Council concurred with the request to have a flexible Committee of the
Whole meeting schedule.
11. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
DEREK HOLZL TO SERVE HIS FIRST TERM ON THE DEVELOPMENT
STANDARDS TECHNICAL ADVISORY COMMITTEE (TAC) (AB2004-
079)
Nelson moved to confirm the appointment.
Motion carried unanimously.
12. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
DALE BRANDLAND TO THE WHATCOM COUNTY MENTAL HEALTH
ADVISORY BOARD (AB2004 -080)
Nelson moved to confirm the appointment. It's amazing that a senator is
willing to participate locally on a mental health issue. He's worked on health care
issues in the community.
Motion carried unanimously.
COMPREHENSIVE PLAN AMENDMENTS
Whatcom County Council, 1/27/2004, Page 18
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1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO
ESSENTIAL PUBLIC FACILITIES (AB2003 -075B)
Brenner reported for the Public Works Committee and stated this item was
held in committee.
3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN, URBAN FRINGE SUBAREA PLAN - GENERAL, URM AND URMX
POLICIES (AB2003 -075G)
Fleetwood reported for the Planning Committee and moved to forward the
amendment to the concurrency hearing.
Crawford asked if the zoning amendments as proposed require the purchase
of transfers of development rights (TDR's) to develop properties in the urban fringe
zoning.
Troy Holbrook, TDR /PDR Coordinator, stated they do not. A person can
develop at the current zoning level. In increase the density, a TDR is required.
Crawford asked about issue of requiring the purchase TDR's in the city of
Bellingham. Holbrook stated the City of Bellingham's policy is to not extend utilities
until TDR's are purchased.
Crawford stated that's not addressed in the Comprehensive Plan or County
zoning. It's a policy of the City of Bellingham. Holbrook stated it is a City of
Bellingham policy. There is also a policy statement in the general policies. The
urban fringe subarea plan is also a County policy, policy 1.12.
Crawford asked if the only purpose of policy 1.12 is to be consistent with the
City. Holbrook stated it is a joint effort between the City and County. The City
asked the County to include this policy to be consistent with the City's adopted
policies.
Crawford moved to delete policy 1.12 from Exhibit A on Council packet
page 436, and to hold this issue over for a public hearing. It's not based on the
merits of whether or not people should purchase TDR's from Lake Whatcom. He is
concerned about requiring folks who want to do any work on their land to purchase
TDR's if it's within current zoning. That's not a good route for government to take.
He questions the future of that City policy.
Caskey- Schreiber stated that's how TDR programs work everywhere. They
have to have some kind of rules, otherwise people will always opt out of
participating. King County and other places in the country do this. This is a
common practice. To make a program work, they have to have mandatory
elements. If the City is going to make the investment of water and sewer, they
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have to have something in return. That's what this is. She won't support the
motion to amend.
Brenner stated she won't support the motion to amend. This has to do with
process. This has been in committee. There was a long discussion. She
appreciates that not all councilmembers can come to the committee meetings, but
it's up to councilmembers who can't make the committee meetings to share their
issues. The City of Bellingham planner was at the committee meeting. The planner
helped alleviate her concerns. This item came through the City of Bellingham
Planning Commission, City Council, and County Planning Commission. Unless
there's something that is really onerous, they should discuss it in committee. Major
tweaks will have to go back through the whole process. She wants to get this TDR
program started. If an amendment is important, get it to the committee and the
City.
Nelson stated the TDR program needs to get off the ground. However, he
doesn't know the steps the City and other communities are taking to participate.
He's concerned about setting a precedent. They're going to force all TDR's into
urban growth areas (UGA's).
McShane stated it is focused on a limited area at this time. It's not UGA-
wide, but only in the area of map 13. The point is well- taken. Be creative about
TDR's in other areas, including rural areas. The mechanisms for those TDR's may
be markedly different.
Brenner stated it was brought up in the committee meeting. The Bellingham
planner assured the committee that the City would come up with standards that
regulate areas in the city.
Roy stated the concept of a TDR is that people have to give up something to
get something. The City is extending to people water and sewer. It's an exchange.
A lot of the successful programs are the ones with these kinds of requirements. If
they want growth where they want growth, and don't want sprawl or growth around
the lake, they need to shepherd folks into the appropriate areas. She doesn't
support the motion.
When she first came on the Council, there was a lot of discussion about the
historical bad feelings between the City and County. This program is wonderful.
She's impressed that the two departments area working together.
Brenner stated it's very important to give up something to get something.
These are going to be developer- driven. Through the interlocal, have the developer
pay for the extension of water and sewer services to the development and be able
to collect latecomer's fees rather than create local improvement districts (LID'S).
Motion to amend failed 1 -6 with Crawford in favor.
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Motion to forward to the concurrency hearing carried 6 -1 with
Crawford opposed.
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN, URBAN FRINGE SUBAREA PLAN, MAP 13 MAP, AND TEXT
(AB2003 -075H)
Fleetwood reported for the Planning Committee and moved to forward the
amendment to the concurrency hearing.
Crawford asked if there is a reference about the requirement to purchase
transfers of development rights (TDR's). He asked if this portion of the subarea
plan refers to the TDR purchase requirement.
Troy Holbrook, TDR /PDR Coordinator, stated the rezone was a petition
submitted by the property owners. Everyone affected by the rezone either signed
the petition or concurred to be included in the rezone. They can still develop their
property at the existing zoning.
Sylvia Goodwin, Planning Division Manager, stated the policy is not stated in
this ordinance. In this area, the City already approved a utility extension area,
prior to having that policy.
Motion carried unanimously.
INTRODUCTION ITEMS
(Clerk's Note: End of tape two, side A.)
McShane moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING ORDINANCE (TITLE 20) CHAPTER 20.85 PLANNED UNIT
DEVELOPMENT, CHAPTER 20.89 DENSITY TRANSFER PROCEDURE,
CHAPTER 20.90 AMENDMENTS, AND CHAPTER 20.71 WATER
RESOURCES PROTECTION OVERLAY DISTRICT (AB2004 -081)
2. RESOLUTION INITIATING PROPOSED AMENDMENTS TO THE
WHATCOM COUNTY COMPREHENSIVE PLAN AND ASSOCIATED
AMENDMENTS TO THE ZONING ORDINANCE THAT ARE TO BE
CONSIDERED FOR INITIATION THIS YEAR (AB2004 -082)
ADDENDA:
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3. RESOLUTION SUPPORTING THE LAKE WHATCOM LANDSCAPE PLAN
AS RECOMMENDED BY THE LAKE WHATCOM LANDSCAPE PLANNING
COMMITTEE (AB2004 -087)
4. RESOLUTION ESTABLISHING THE LAKE WHATCOM WATERSHED
FORESTRY ADVISORY FORUM AS THE INTERJURISDICTIONAL
COMMITTEE UNDER THE LAKE WHATCOM MANAGEMENT COMMITTEE
(AB2004 -086)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford thanked Mr. Desler and the administration for providing the
information sheet on the real estate excise tax (REET) with short notice.
Crawford stated there is not a person in Whatcom County who hasn't been
impacted by the mark Pat Jones left on the county, whether they know who he is or
not. He worked on many developments over the years. He was involved in politics,
the legislative process, and the County Technical Advisory Committee. The
community lost a great citizen. Remember all the good things Pat Jones has done.
Fleetwood agreed with Councilmember Crawford regarding Pat Jones.
Nelson stated he also agreed with Councilmember Crawford.
Crawford stated there is a public memorial for Pat Jones at noon at Cornwall
Park Church on Friday, January 30, 2004.
Nelson stated Mr. Jones served avidly on many issues. The Council could
send some sort of memorial.
Brenner stated Pat Jones did everything in excess. The most excessive thing
he did was work. One didn't have to agree with his position. He would argue his
point to the end, and then be friendly.
McShane stated Pat Jones was a help to the Council many times. He found
that he and Mr. Jones agreed on some very controversial environmental issues. He
really understood land use extremely well.
The Council concurred that he will be missed.
Whatcom County Council, 1/27/2004, Page 22
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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.
ADJOURN
The meeting adjourned at 9:27 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on February 10 , 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 1/27/2004, Page 23