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HomeMy WebLinkAboutCouncil May 7 20021 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. WHATCOM COUNTY COUNCIL Regular County Council May 7, 2002 The meeting was called to order at 7:00 p.m. by Council Vice -Chair Barbara Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington, Present: Absent: Sharon Roy L. Ward Nelson Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Dan McShane ANNOUNCEMENTS Brenner announced that there was discussion regarding collective bargaining negotiations (AB2001 -390) and discussion regarding collective bargaining negotiations (AB2001 -390) in executive session during the Committee of the Whole meeting. Direction was given regarding the union negotiations. MINUTES CONSENT McShane moved to approve Minutes Consent items one through five. Motion carried unanimously. 1. CORRECTION TO THE SPECIAL BOARD OF HEALTH MEETING OF JANUARY 17, 2002 2. COMMITTEE OF THE WHOLE FOR APRIL 9, 2002 3. REGULAR COUNTY COUNCIL FOR APRIL 9, 2002 4. COMMITTEE OF THE WHOLE FOR APRIL 23, 2002 5. REGULAR COUNTY COUNCIL FOR APRIL 23, 2002 OPEN SESSION The following people spoke: Whatcom County Council, 5/7/2002, 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. Marian Beddill, 3600 Seeley Street, Bellingham, stated the meeting next Monday of the Energy Facility Site Evaluation Council (EFSEC) will announce the date when and place where the Sumas Energy 2 (SE2) decision will be made. The environmental impact statement (EIS) will be released at that time. Mark Polan, 1816 Silver Beach Road, Bellingham, spoke on Alarmed Forces for Peace Day, which will allow all community members to come together in the name of peace. On Saturday, May 18, people are invited to joint festivities at Maritime Heritage Park, including a tree planting ceremony, speakers, and more. On what it traditionally recognized as Armed Forces Day, their mission is to inspire and support positive change, while creating an abundant, loving, and respectful world community. William Angel, 656 Kirkview Place, Bellingham, stated he is dissatisfied with the practices of the administration's workers contract negotiators in their continuous disrespect for the workers of the County during the bargaining sessions since the recent expiration of their labor contracts. The bargaining practices used by the administration threaten to remove basic worker and family security provisions from their long- standing contracts with the County. They are threatened with dramatic alterations of disability coverage for injured workers, out -of- pocket insurance premium payments, wage restructuring, reduced hours, training reduction, and professional wage scale reduction. He has worked for Whatcom County for three years as a public health professional in the Health and Human Services Department. He provides environmental and public health field inspections for the County in its solid waste and chemical and physical hazards programs. He takes pride in the level of service that he provides to the community. He is in constant wonder at the level of knowledge, professionalism, and dedication of his coworkers. He notices too often the rate at which experienced coworkers leave the work force and the amount of time he feels frustrated with the administration's policy in seeking to significantly modify the contract without any measure to achieve mutual satisfaction. He asked the Council to work with the administration, to understand the crucial role that workers play to provide services to the community, and to help the administration to establish priorities of expenditures and budget cuts that do not rely as heavily on worker benefit cuts as on streamlining the administration and maintaining and maximizing the services provided to the community. Leonard Lindstrom, Bellingham resident, stated everyone should be over their shock that the U.S. is one of the most illiterate nations in the world. Get on with quality speech so they can have quality social lives. There is a lot of talent from professions, but there is a void of social talent. Ann Mosness, 1081 Sudden Valley, submitted a resolution for the Council's consideration regarding the threat to wild salmon posed by the farm fish industry. This is an emergency because the province of British Columbia is lifting its Whatcom County Council, 5/7/2002, 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. moratorium. The number of fish pens will double. They tend to ignore the fish farm industry. Farm fish present a human health risk. She is concerned about what they are doing to wild salmon. Dr. John Volpe was recently at the Northwest Indian College. His view is that if the farm fish industry is not regulated, it will collapse within a decade, but it will take the wild salmon industry with it. There is a major consequence of allowing industrial food production in the marine waterways when there are disease epidemics that can wipe out wild fish populations. There are eight pens in this state. More could be installed in nearby British Columbia. She works for the Institute for Agriculture and Trade Policy. She has 25 -years of experience running a commercial fish boat. If the wild salmon population disappears, the communities on the coast will crash. Her resolution asks that they look at closed containment systems for the farm fish industry and that they support the wild salmon populations and the recreational, tribal, and commercial fisheries. Brenner stated there is a proposed resolution on this issue before the Council currently. Tony Idczak, 6300 Saxon Road, Acme, stated he is a Parks and Recreation Department employee. He will talk about the union contract. Dewey Desler was quoted as having said at the previous meeting that they have to give good wages and benefits to keep good people in the exempt positions for the County. He's never met Dewey Desler. He does know LaVoun Shelley, the Parks Department purchasing coordinator, who keeps the department in the black, is very professional, and does an excellent job. She also volunteers her time to do tax preparation for folks in the county. He also knows Rick Jacoby, a maintenance construction equipment operator, who works on his crew. Rick is one of the most effective employees he's seen. Rick has been with them for about a year and a half, has a great attitude, and works hard. Rick coaches a little league baseball team. He also knows Wain Harrison, a senior planner for Planning and Development Services. Wain has been with the County for a while, is great to work with, and does a very good job. Wain volunteered his time to help establish the Josh VanderYacht memorial park in Van Zandt, which is to honor all the young folks who passed away in the county in the last several years. Bill VanderYacht spearheaded that project. It's incredible. He knows Gene Roberts, who works at the motor pool. He's been with the County for 16 years. Gene changes the oil in his truck, makes sure everything is safe. He's never had a problem with his truck in 16 years. Gene is a volunteer firefighter in the Acme community. These are an example of the few people he knows who work for Whatcom County. They are incredibly effective and hardworking people. In their role, they are every bit as important as anyone who works for Whatcom County in any role, Whatcom County Council, 5/7/2002, 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. all the way to the top. He hoped that Mr. Desler would take the time to get to know these people, and maybe he'd see that they deserve a fair wage and benefit package as much as anyone else. They are just asking for a fair shake. Ron Snyder, 1832 Central Road, Everson, stated he is a voter, taxpayer, and County employee. He is associated with a small union, Local 17, which is one of the three representing Health and Human Services Department employees. It's part of a larger coalition representing County employees. Nearly three years ago, during an employee- recognition event in the courthouse rotunda, he was given a plaque by Mr. Kremen that tells him he's provided 25 years of valuable service to Whatcom County. He appreciated that. His response to Mr. Kremen was that Mr. Kremen remembers how wonderful and valuable he is during the next negotiation. According to the current proposal, he is so valued that his net earnings will decrease, he will pay more for health care, long- standing disability protection would be gone, his work hours will lose current protections, job classification can lose current protections, professional training guarantees will be gone, and more. He doesn't understand the rationale for this. They've never had this tone put before them during contract negotiations. To some extent, he understands the County revenue issues. To a larger extent, he fully understands some of the health care cost issues because of his work as a social work. He doesn't understand the hatchet job on the contract. A lot of the issues aren't fiscal issues. These issues haven't come up in other counties. Fiscal issues are one thing, but don't tear apart a contract that has been tailored and put together by a lot of good folks over the course of the years. In Mr. Kremen's March 26 address to the Council that the now - depleted $15 million reserves were accumulated in part by cooperation of the employees. Part of the cooperation is what the employees have done in contract negotiations to reduce costs, produce efficiencies, and not fill positions. More than 30 years ago, a former boss told him that the worst employer /employee problem is low morale. Wayne Wilson, 6754 LaMonty Drive, Lynden, stated he has been a resident of Whatcom County for 33 years. During the last 18 years, he has worked for the Whatcom County Public Works Department. He is also an executive board member of Teamsters Local Union 231. He is currently serving on the negotiations committee for the master collective bargaining contract. He is very concerned over the recent past and current trend that many labor contracts seem to have been intentionally stalled and unnecessarily drawn out well past the contract expiration date. Past examples include the County Sheriff deputy contract and the Lummi Island ferry worker contract. Now, they have the Washington State Nurses Association, Local 17 Health Care Workers, and Teamster's 231 master agreement all months behind contract deadlines. This is not only unfair to County employees, but it has a huge negative impact on the community. For an employee whose finances are uncertain, he or she will be far less likely to vote "yes" on a school levy, to donate to a charity, to remodel or buy a home, or to purchase an automobile. He asked all parties involved to join in doing everything possible to Whatcom County Council, 5/7/2002, 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 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. bring fair contracts to all County employees and, in doing so, strengthen the community. Jamie McAllister, 926 - 34th Street, Bellingham, stated she spoke on behalf of the Health and Human Services clerks on issues regarding the union contract with the County. They are very pleased with their jobs at the County. Many of the employees have direct contact with the public, and display positive attitudes that show and reflect the work that they do. Everyday, they place smiles on their faces, take pride in their jobs, and treat everyone who walks in the door as a very important person. Many of the employees have chosen to work with the County because they advertise "excellent benefits" including employer -paid medical, dental, and vision coverage for employees and their family members. She asked the County Councilmembers and County Executive to treat them as important employees of the County. Deliver a better proposal with better wage increases over the next three years, and don't take away their excellent medical benefits that the administration chose to advertise to attract well- educated and hard - working qualified individuals. Help them continue to feel proud to be County employees. Tom Kunesh, 2622 Russell Street, Bellingham, stated he has worked at the Health and Human Services Department for over 13 years. He has chosen to dedicate his career to public health. He believes in it. He's chosen to raise his family in this community. He is a taxpayer, a voter, a parent, and a volunteer. He is a member of this community. He is dedicated to excellence in the service that he provides to the people of Whatcom County. He is also discouraged that the County administration proposes again to erode wages, benefits, and working conditions for him and his colleagues, while improving wages and benefits for managers and elected officials. He is discouraged that many of his talented colleagues have chosen to go elsewhere for better wages and benefits. He is discouraged that the County Executive's kind words about dedicated and hard - working County employees appear empty as administration proposes to eviscerate the current bargaining contract. In spite of all this, he plans to keep working for the people of Whatcom County. He asked the Council and administration to work together to craft a contract proposal that protects the wages, benefits, and working conditions of the employees of Whatcom County. Chuck Eggert, Teamster's Local #231 President, stated the County employees make this a great county to live and work in. They have a better working relationship with Whatcom County officials, Pete Kremen, Dewey Desler, Wendy Wefer - Clinton, and Karen Goens. Two weeks ago, the relationship hit rock bottom. Since that time, they are trying to resolve their differences. He's hoping that will continue. These employees want to be treated fairly. He asked that the Council look at what is going on in negotiations. Evelyn Swan, 1016 Key Street, stated she represented the Social Justice Committee of the Unitarian Fellowship. They are concerned about the pollution of Lake Whatcom. They are going to have a public town meeting at the Bellingham Whatcom County Council, 5/7/2002, 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. Unitarian Fellowship on May 16. The speakers will be several community members and public officials. Rita Foley, South Lake Whatcom, stated she works with a lot of the County employees. They are the most wonderful people. They will hurt the Whatcom County if the administration does this to the employees. They work very hard, and they live on the wages they earn. She knows many of the employees, and they are always very fair to her. There are great people working for Whatcom County. Give the employees the Council's support. PUBLIC HEARING 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 BY ESTABLISHING ADDITIONAL CONDITIONAL USE CRITERIA AND SITING CRITERIA FOR COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING DISTRICT (AB2002 -191) Laurie Caskey- Schreiber announced that the best way to bring this item before the Council for adoption is as an interim ordinance rather than a permanent ordinance. By doing this as an interim ordinance, a permanent amendment to Title 20 can be docketed. This will allow for full Planning Commission review and will give the public additional opportunity to be involved in the process. She suggested that they go ahead with the public hearing on the ordinance that was introduced at the last meeting. After the public hearing, she would make a motion to table this version of the ordinance. An interim ordinance and a resolution docketing the item for Planning Commission review have been added to Introduction Items tonight, and a public hearing on the interim ordinance will be held at the next meeting on May 21, 2002. People who want to submit testimony can submit written testimony to the Council, or they can testify at the May 21 Council meeting. The ordinance will deal specifically with mushroom composting, not green waste mulching. Livestock manure composting will be allowed for commercial reasons. Brenner opened the public hearing and the following people spoke: Lesa Kroontje, 115 Front Street, Lynden, stated she will testify again on May 21. She submitted information she had faxed to the Council Office earlier in the day. Her main concern about the ordinance on the table was that it was over- reaching in impact. The focus of the problem and the findings appeared to be mushroom composting on a commercial basis, and not all composting. However the ordinance was worded in a way to include all composting for commercial purposes. The only place that commercial composting is now allowed is within the agricultural zone. When they begin tinkering with the language in the agricultural zone, they are tinkering with the variability to compost commercially. All composting should be something they are encouraging in an environmentally sound manner. She recommended that they tailor the ordinance to address just those Whatcom County Council, 5/7/2002, 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. impacts that they are seeking to address. As proposed, someone would need approximately 200 acres to meet the setback requirements of the 1,500 feet from property lines. That is overkill for most of the composting operations that could happen. Focus on mushroom composting, and allow the other composting operations that do not have those same impacts. The interim ordinance should also be tailored just to mushroom composting. They would not want to stop people from moving forward with compost projects. It could take a year or so to get a permanent ordinance. Craig MacConnell, Cooperative Extension, stated he's glad to hear that they are looking at the unintended consequences of the proposed ordinance. Composting is good for the community in general. Cooperative Extension has spent a lot of time trying to get people to compost. In the agricultural zone, they are encouraging dairy farms to compost. It's good for everyone. It provides a secondary income stream to dairy farmers. It removes excess nutrients off of the aquifer, which reduces groundwater contamination. Cooperative Extension developed a publication, Manure Compost Marketing Guide, with the Conservation District, which is directed toward commercial composting operations that are primarily in the agricultural area. Consider the unintended consequences. Currently, the green waste that is collected in this county is shipped out of the county. There are a lot of transportation issues with that. There is something inherently wrong with sending an asset to the community elsewhere. They should find ways to recycle that material here in the community. Washington State University (WSU) has done a lot of research. They've found that there are many inherently good benefits from this material. Don't throw the baby out with the bathwater. Robert Smit, 9039 Guide Meridian, stated he is a dairy farmer and composter. He's done composting for five years. People appreciate him delivering compost to them. It helps them take nutrients off the land base and move it to all parts of the county. They can work together to make something that will work for everyone. He farms about 250 acres, but to continue composting, he'd have to buy more land, which is not an option. Brenner stated the intention is to address mushroom composting. The wording might need to be revised. They don't intend to address what Mr. Smit does. She is familiar with his composting operation, and it is excellent. Bob Wiesen, 3314 Douglas Road, Ferndale, stated this issue typifies a poor process they've been going through on a number of issues over the years. They don't identify the problem. They don't identify the actual solutions. They don't take the unintended consequences into consideration. He hoped they are back to doing the right thing on an issue. Trying to put out the fire every time is poor business. Brenner stated this happened quickly because there is an ongoing problem with a mushroom composting operation. There have been a lot of inquiries about Whatcom County Council, 5/7/2002, 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. another operation opening. The Council wants to make sure they have good regulations in place that cover what the operation needs to do. That is why the rush is on. She's pleased with the way it is being handled right now. Caskey- Schreiber stated this is a process they've been working on in a very thorough manner. She had a specific target in mind. That was to do some preventative action that would cause some citizens in the community a lot less grief than what the citizens who live around Recomp are going through. This County has spent nearly $100,000 trying to get that facility to clean up the air that it puts out. Trying to do something preventative is difficult. A lot of people are offering a lot of opinions, but the Council doesn't hear everything. That's why she is willing to continue to amend it, so they can get to what they are trying to do, which is preventative action to save a lot of grief and hardship on folks who end up with a mushroom composting operation as a neighbor. She's still learning about the process. She appreciated all the hours the County staff has put in to helping her with this. Hearing no one else, Brenner closed the public hearing. (Clerk's Note: End of tape one, side A.) Caskey- Schreiber moved to table the ordinance. Motion to table carried unanimously. 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.16.030, BOATING OPERATIONS AND REGULATIONS (AB2002 -181) Brenner opened the public hearing and the following people spoke: Rita Foley, South Lake Whatcom, stated she doesn't want boats to speed. They shouldn't allow jet skis on the lake. Many people oppose them. They shouldn't even allow motorboats because it is a watershed. It's their drinking water. The police boat tries to slow the boats down. Norma Hardin, 5258 Zander Drive, stated she's owned her property for 25 years. When they first moved there, everything was calm. The public boat launch was not a big problem. She would like to see a no -wake zone rather than a speed limit of six miles per hour. Any time someone goes slow, it pushes more water at a slow speed. Even on the dock, kids will fall off because so much water is coming. Her shore has been eroded, as recorded by a geologist. She doesn't want to put in a bulkhead. The trees when they first moved out there are four to five feet in the water. The two trees that are left are deep in the water. The public boat launch is a State fishing boat launch. The State fishing license includes a fee for fishing boats to use the State boat launch. Sea -Doos and ski boats are not paying for that decal from the fishing license fee. The State isn't collecting on that use. Even the Whatcom County Council, 5/7/2002, 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. small fisherman cannot get their boats in because the launch is overrun by Canadians. She asked for a no -wake zone. Chad Haberstroh, 1125 Undine Street, stated he doesn't own property on the lake or a boat, but he drinks the water. He is very concerned that the Council is devoting a lot of attention to a very small fire. The big problem is the safety of their drinking water supply. Prohibit powerboats on Lake Whatcom altogether. People object to this idea because there are worse sources of pollution. This issue doesn't involve anyone's livelihood. There are lots of opportunity for recreational boating. They are not short of navigable waters in this area. There is very good recreational boating with canoes and kayaks. For fishing, there is nothing wrong with a rowboat or an electric trolling motor. Using powerboats on a public reservoir for drinking water is a mistake. Motorboats on the public drinking water should be prohibited. Kate Alexander, 3300 South Bay Drive, stated that a no -wake zone in front of her house doesn't stop the boats from speeding. There is no enforcement. The use is damaging her shoreline, dock, and boathouse. It's also damaging the public property at the bay. There are several boats and Sea -Doos out there at one time. A lot of the problem is ignorance on the boaters' parts. They are not aware of what their wake does. She asked the Council to approve the resolution, to place buoys in the bay, and post signs at the boat launches. The public should be educated through the media. Most of all she wants the Sheriff's Department to truly enforce the law. It doesn't do any good to have regulations if there is no enforcement. Fred Boettner, 53 Strawberry Point, stated his parents bought the property in 1840. He is not opposed to the buoy line. He's lived on Lake Whatcom since 1950. He is in favor of the ordinance. He agreed that the law needs to be enforced. The water levels are so high in March and April when they get the spring storms that the amount of erosion on the Lake Whatcom trail is tremendous. They've raised the lake level too high too early in the spring. The City's reasoning is that they are operating on a limited diversion from the North Fork because the Native Americans want to keep the river level high for the fish. However, there has to be common sense to save property. He's hauled away seven truckloads of debris from his beach. His lot is 120 feet wide. When the lake level is up, and the winds come up, there is mass erosion. If they drop the lake level two or three inches so the waves can absorb the on -flow of water onto the beach, it's better. There is less erosion. He agreed with the no -wake zone instead of a speed limit proposal for the South Bay area. He spoke with Bill Evans, who works for the water filtration plant for the City of Bellingham. He is the person in charge of the lake level. Right now the lake level is up to his yard. Mr. Evans said he would keep the level there in case they have a drought year. Hardin submitted photos of her property that show the level of erosion over the course of a year. Hearing no one else, Brenner closed the public hearing. Whatcom County Council, 5/7/2002, 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. McShane moved to adopt the ordinance. Crawford asked if the line drawn on the map would be the exact line across the bay that delineates the no -wake zone. McShane stated it would. He spoke with the sheriff deputy who is the main enforcement officer. The deputy approved of the latitude and longitude lines marking the boundary. Crawford asked if there would be buoys indicating the no -wake zone, and if there would be a cost to the County for them. McShane stated he did not discuss cost to the County. Buoys are available. They can't put buoys up now because not all of South Bay would be under a speed restriction. He assumed buoys would be installed along the line of demarcation. He moved to the ordinance to change the speed limit to a no wake zone in the restricted area on the map. Fleetwood asked the distance from the boat ramp to the line of demarcation. Brenner stated the distance is about one - quarter mile. Caskey- Schreiber asked if it would be easier to just include all of South Bay in the no -wake zone, since the distance is not very far and since all the areas will have some sort of erosion effects. It is a narrow channel. McShane stated the reason he put the boundary at that location is that, south of that line, the distance across the lake is, for the most part, 600 feet. The speed rules in Lake Whatcom already apply to areas 300 feet from the shoreline. There is only a very small area in South Bay where someone is allowed to go faster than six miles per hour. In speaking with the sheriff deputies, there is an enforcement issue. Having the boundary with buoys will make the sheriff deputy's job a lot easier. Crawford restated the motion to amend section 11.16.030(A)(7), "...six miles peFhou shall be designated as a "no- wake" zone." Motion to amend carried unanimously. McShane stated the peninsula that bulges into South Bay is the Camp Firwood location. They occasionally have boating events. Currently in the code, chapter 11.36 allows someone to get a boating event permit. It's okay to have a boating event within close proximity to the shoreline, as long as a permit is obtained. Those boating events would be in close proximity to Camp Firwood, so they wouldn't have many impacts outside of the camp area. It would only be for two days per year, at the most. They have none planned for this year. There is a Whatcom County Council, 5/7/2002, 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. financial impact to the camp. He moved to amend section 11.16.030(A), " No vessel shall exceed the following speeds, except as provided in WCC 11.36." The language will give someone a reference that they can still go to this section of the code to get a permit. Caskey- Schreiber suggested the camp do canoe or sailboat racing instead. It seems like a lot of hassle for a two -day boat event. McShane stated this amendment makes zero difference, other than referring someone to reading this section that allows him or her to get a permit. If they are to change the ordinance to ban certain events, it would require a different ordinance altogether. Roy asked if the permit could be contingent upon the event creating no wakes. McShane stated it could be. It is up to the Sheriff. The Council could provide policy direction in the future to the Sheriff to not allow motorized boating events. Roy asked if the amendment would imply that someone would automatically get a boating permit. It's great to refer people to the permitting process as long as they are not implying that someone automatically gets an exception. McShane withdrew his motion. Motion to adopt the ordinance as amended carried unanimously. CONSENT AGENDA 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH COASTAL GEOLOGIC SERVICES, INC. TO PROVIDE FOR A PILOT STUDY OF SHORELINE REACH COASTAL PROCESSES FROM POINT WHITEHORN TO BIRCH BAY STATE PARK, IN THE AGREEMENT AMOUNT OF $22,370 (AB2002 -193) Crawford reported for the Finance and Administrative Services Committee and moved approval. Motion carried unanimously. OTHER ITEMS 1. REQUEST FOR COUNCIL TO APPROVE OR MODIFY THE SCOPE OF WORK FOR A COMPREHENSIVE CONSTRUCTION AGGREGATE STUDY Whatcom County Council, 5/7/2002, 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 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. (CCAS) TO DOCUMENT THE SHORT AND LONG -RANGE AVAILABILITY AND LOCATION OF QUALITY MINERAL RESOURCES (AB2002 -192) McShane reported for the Natural Resources Committee and stated the committee recommended approval with one change to strike reference at the beginning 'necessary to provide a 50 -year supply." This item was forwarded to the Finance Committee to talk about funding of the work. The Natural Resources Committee approved the scope of work. He moved to approve the scope of work, as amended. Crawford asked if there was any progress made in looking for money for this issue. Dewey Desler, Deputy Administrator, suggested they support the project from the road fund and general fund, in proportion to the standard that the road fund would benefit from the use of the knowledge and information. He doesn't know what that standard is. It would be approximately 50 -50. He recommended going forward with a request for proposals (RFP) process. The money would come from the reserves of both funds. Brenner stated she has mixed feelings about this. It's good to know what they really have, if it matters. The problem is that they are not going to find any resource that has to be used in Whatcom County. Every bit of it can be taken out of the county. She has a problem dealing with this idea of deciding how much the county has and whether it will last. It may not last in the county, because there isn't a stipulation that the resource has to remain in the county. McShane stated one of the major riprap projects being undertaken in Whatcom County occurred along a site with shoreline erosion at Bellingham Bay. The vast majority of that material was imported from another country. Projects in Whatcom County have brought in aggregate material from Skagit County. He anticipated that, over the next five to 15 years, they are going to see more material used in Bellingham come from Skagit County, not Whatcom County. The reason is that one of the major mining areas in Whatcom County is becoming depleted. The Skagit County pits at the Bow Hill Road area will become competitive for brining sand and gravel into Bellingham. Brenner stated this supports spending money to give private businesses ideas to make money, rather than providing a public benefit to Whatcom County residents. Unless they do this regionally with Canada and Skagit County, they are creating a profit motive for someone, but none of it is guaranteed to be used in Whatcom County. Caskey- Schreiber stated it is good to identify mineral resource lands, so they don't continue to keep harvesting from the agricultural zone. There is some resource in the hills that they haven't tapped into yet, because they haven't wanted to go farther away from the job site. On the other hand, they shouldn't allow the Whatcom County Council, 5/7/2002, 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. farmlands to continue to disappear because the industry claims that it is the only mineral resource available. There is a lot of export to Canada, but she doesn't want to see anymore of the farmlands disappear to gravel pits, either. She supports the project for that reason. Brenner stated this won't solve that concern. It will provide a calculation of minerals available everywhere. It won't prevent the depletion of mineral resources in the agricultural land. She is concerned about the designation of mineral resource areas. That is not what will occur because of this study, but the pressure will be on to designate more mineral resource areas. She doesn't see the public benefit to this, unless they can say that the mineral resource is to be used for Whatcom County. McShane stated the scope of work does not include determining where the mineral resource lands should be. It gives them the data and information to make decisions. If exporting is a major concern, it can be partially addressed by where they designate mineral resource lands. If they designate mineral resource lands right on the border with Canada, the odds are that the resource will head north because it is the closest market. It is not cheap to truck aggregate material. That is the main driver of where gravel comes from for a project. Gravel owners benefit enormously if they have a pit close to a major project, with the exception being on the water. Lummi Island material is being exported currently. Roy asked who requires this designated supply. McShane stated the Comprehensive Plan requires it. Roy asked if the Council has discretion in whether or not it approves the study. Hal Hart, Planning and Development Services Director, stated this was an activity approved by the previous Council. The State Department of Natural Resources (DNR) tentatively agreed to help the County identify these areas. The Growth Management Act requires them to inventory all mineral areas, such as the areas in this study. Whatcom County has between now and 2004 to update its knowledge on mineral resources. Fleetwood asked if all the members of the scoping committee recommended this scope of work. Brenner asked if they would be committed to spending a certain amount of money if the Council approves this tonight. Desler stated they could ask for costs associated with any one of these elements. The Council, with recommendations from staff, can pick and choose the kinds of things that they want to buy. They can construct that requirement in the request for proposals. Whatcom County Council, 5/7/2002, 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 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 asked if voting for this tonight will handicap whether or not the Council could modify or tailor the expenses when they come forward. Desler stated it would not. McShane stated he served on the scoping committee. The scope that they crafted will produce a cost - effective study. That's why he wanted to have a scoping committee in the first of place. Motion to approve the amended scope of work carried unanimously. 2. ORDINANCE REGARDING FERRY MULTI -RIDE CARDS AND QUARTERLY PASSES (AB2002 -114A) Dick Prieve, Assistant Director of Administration, gave a staff report and stated they removed the quarterly pass in December. The Council chose to put it back in. Crawford moved to adopt the ordinance. McShane stated he was opposed to the quarterly passes in the first place. It isn't a good idea and doesn't reflect what the Lummi Island Transportation Committee wanted. (Clerk's Note: End of tape one, side B.) Brenner asked when they are going to see information on the revenues generated. Prieve stated they probably wouldn't see that information until the end of the year. They began selling them on May 1. They haven't had a rush of people buying quarterly passes. Fleetwood asked the reason for being opposed to the quarterly passes. McShane stated the earlier Council went with the committee recommendation. When the new Council revisited the issue, the Lummi Island Transportation Committee was unaware that it was being revisited. They were unhappy about the changes the Council made. Caskey- Schreiber stated someone from the Transportation Committee attended that night, who testified on behalf of the quarterly pass. She received an email from another person on the Transportation Committee, so there is a bit of a problem in their own group. Roy stated half of Lummi Island wants it, and half doesn't want it. Brenner stated the Council has the information. Only 15 people are using the quarterly pass. It would have been a financial hardship on certain people to not Whatcom County Council, 5/7/2002, 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. have it. This is not much to do to help people who have a hardship. They need to deal with the other issue of the percentage reduction in the ticket package. Motion to adopt carried 5 -1 with McShane opposed. 4. REQUEST CONFIRMATION OF THE EXECUTIVE'S CONCURRENT APPOINTMENT WITH THE CITY OF BELLINGHAM OF MARGARET CURTIS TO THE BELLINGHAM- WHATCOM COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS (AB2002 -195) Crawford moved approval. Motion carried unanimously. 3. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF PHIL SHARPE, MANCA VALUM, AND JERRY CHAMBERS TO THE PUBLIC FACILITIES DISTRICT BOARD (AB2002 -194) Dewey Desler, Deputy Administrator, stated the administration withdrew this item from the agenda because it is considering forming a joint public facilities district with the City of Bellingham. 5. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF CHRIS FAIRBANKS AND JAMES FLYNN TO THE MARINE RESOURCE COMMITTEE (AB2002 -196) McShane moved approval. Motion carried unanimously. INTRODUCTION ITEMS McShane moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE AMENDING WCC 2.120 RELATING TO THE MEETING SCHEDULE OF THE SURFACE MINING ADVISORY COMMITTEE (AB2002 -197) 2. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST #5 (AB2002- 198) 3. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS (AB200 -201) Whatcom County Council, 5/7/2002, 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. 4. ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY CODE, TITLE 20, ESTABLISHING ADDITIONAL CRITERIA ON AN INTERIM BASIS FOR THE SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING DISTRICT (AB2002 -191B) S. RESOLUTION INITIATING THE DOCKETING OF A ZONING TEXT AMENDMENT TO ESTABLISH NUISANCES AS AN ADDITIONAL CONDITIONAL USE CRITERIA AND SETTING NEW CRITERIA FOR THE SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING (AB2002 -191C) 6. RESOLUTION SUPPORTING A MORATORIUM ON MARINE SALMON NET PENS AND SUPPORT OF WILD SALMON FISHERIES (AB2002- 202) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Crawford stated that they are going to have a budget meeting next Tuesday with the administration. It is important that all councilmembers attend. McShane moved to go into executive session for approximately 30 minutes to have the discussion regarding pending litigation with the Council's attorney (AB2002 -018) that was previously scheduled on the 6:15 p.m. Committee of the Whole agenda. Motion carried unanimously. ADJOURN The meeting adjourned at 9:15 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on May 21 , 2002. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Whatcom County Council, 5/7/2002, Page 16 1 2 3 4 5 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. Dana Brown - Davis, Council Clerk Barbara Brenner, Council Vice -Chair Whatcom County Council, 5/7/2002, Page 17