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HomeMy WebLinkAboutCouncil November 13 20011 WHATCOM COUNTY COUNCIL 2 Regular County Council 3 4 November 13, 2001 5 6 7 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward 8 Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. 9 10 Also Present: Absent: 11 Dan McShane None 12 Marlene Dawson 13 Connie Hoag 14 Barbara Brenner 15 Sam Crawford 16 Robert Imhof 17 18 19 ANNOUNCEMENTS 20 21 Nelson welcomed the three newly - elected councilmembers. 22 23 Brenner announced that the minutes have been withdrawn. 24 25 Nelson announced that there was discussion with Senior Deputy 26 Prosecutor David Grant regarding potential litigation (AB2001 -018) in 27 executive session during the Committee of the Whole meeting. 28 29 McShane moved to intervene in the Sandy Point tidelands issue, and the 30 intervention is limited only to the definition of the ordinary high water mark, if it 31 comes up in the case. 32 33 Motion carried unanimously. 34 35 36 APPROVAL OF MINUTES 37 38 COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2001; REGULAR 39 COUNTY COUNCIL FOR OCTOBER 9 AND 23, 2001; WATER 40 RESOURCES WORK SESSION FOR OCTOBER 16, 2001 41 42 See "Announcements." 43 44 45 OPEN SESSION 46 47 The following people spoke: 48 49 Regular County Council, 11/13/2001, Page 1 Elaine McRory, 1781 Northshore Road, stated she is concerned about the water quality in Lake Whatcom. She was a member of the Lake Whatcom Citizens Advisory Committee. During that year, they listened to many experts and learned many things. They learned that an ounce of prevention is worth a pound of cure. It is more cost - effective to prevent problems than to fix the problems. Another thing they learned is that development is the greatest threat to water quality. The third thing they learned is that the most cost - effective and fairest way to help this problem is public acquisition of land in the critical areas in the watershed. Look at the longest -term good. Brenner asked if the committee looked at Sudden Valley's program of working with the County to purchase foreclosed properties. McRory stated they looked at all things that keep density down in the watershed. She encourages lot consolidation. In an ideal situation with perfectly educated people who are willing to do the right things on their property, it would help. They seem to be their own worst enemy. It is difficult to manage a density of people. The experts said they should leave an area natural, with the native vegetation and cover to prevent erosion. Also, do not have roads and other sources of pollution that go directly into the lake. Preventing development of a sensitive watershed is the best thing they can do to prevent water quality degradation. It is also the cheapest. Retrofitting is very expensive, and doesn't always work well. Myron Walsnick, 4215 E. Oregon, Bellingham, stated he was a member of the Silver Beach Task Force for the Bellingham City Council. They looked at problems associated with the city's portion of the lake. The neighborhood association met with the City Council on November 1 to discuss some of the issues involved with the Silver Beach ordinance that weren't working. The primary issue is enforcement. They are going to spend some time with the City Council to get them to enforce the ordinance. The health of Lake Whatcom and the economic value of a clean and healthy lake were a focal point of the recent election. There are hundreds of actions that contribute to the degradation of the lake. Some are very individual, such as two - stroke engines. Others are more complex, such as stormwater runoff and road construction. Even Mother Nature contributes to the degradation of the lake. Some activities contribute more than others, but the health of the lake is impacted by each item singularly and then all collectively. Almost all of the actions and activities are within the County's span of control. No single action will cure all the problems and preserve the lake. Some bristle at the suggestions that limit their particular use of the lake. Meaningful solutions will impact everyone. No one has a right to contaminate the drinking water supply, no matter how great or how small the contamination. They've taken many preliminary steps in the past two years. Now it is time to make some hard decisions. The result of the recent election demonstrates that there is strong support for these hard decisions in the general public. Begin now. Nate Kronenberg, 2351 E. Pole Road, Everson, stated he would address the Comprehensive Plan mineral resource action item it (AB2001 -353). He is a rural resident and taxpayer, and has made a contribution to the $15,000 that is Regular County Council, 11/13/2001, Page 2 earmarked for the mineral resources study. He is concerned about how this money will be spent. Those concerns relate to the quality of the study and to the degree that the study implements the goals of the Comprehensive Plan, addressing both industry and environment. He attended the State Department of Natural Resources (DNR) presentation to the Surface Mining Advisory Committee regarding the construction aggregate study in the Bellingham quadrangle, in which he heard that the idea of the inventory was to create an objective assessment of resources with no consideration of land use or environmental impacts. This hardly represents a balanced study. For their $15,000, they should expect more. He also heard that there are conflicts with agricultural land, and they are stripping away huge areas of the county to get at a relatively small bit of rock resource. The Council should pay attention to the negative impacts to rural lands and initiate better planning. In addressing the desired thickness of gravel deposits, the DNR geologist looked for a minimum thickness of 25 feet for gravel deposits. To that end, the geologist said he had considerable consultation with the gravel industry and environmental voices. However, he does not see or hear any evidence of those environmental voices. He is worried that the same situation will occur with this proposed study. The geologist also said they are tossing out deposits that aren't 25 feet thick or 160 acres. There are smaller and more readily available gravel deposits in this county. A number of mining operators were consulted and provided more up -to -date information on volume and reserves. This Council should hire an impartial geologist with local knowledge, such as Dr. Easterbrook, and delay the study for six months to adequately collect the necessary data for a comprehensive aggregate study that addresses need, accurate mapping, careful geologic identification, and attention to untapped areas outside of residential and agricultural areas, regardless of cost to the industry. These costs can be passed along. Ben Hinkle, 2582 Northshore Road, stated he is involved in an effort to bring about the sanity to government and the sovereignty of their country. Many people around the nation are involved in this effort. Local government entities have adopted a United Nations free zone, which means the United Nations cannot operate within the limits of that jurisdiction. He supplied information (on file) to Councilmember Brenner and the Public Works Committee. Crawford questioned what the United Nations is currently doing in Whatcom County. Hinkle stated the United Nations is stripping American citizens of their rights. Citizens who enter military service are under control of the United Nations. They are being forced to wear United Nations uniforms. Crawford asked what changes if Whatcom County becomes a United Nations free zone. Hinkle stated the United Nations would not be able to fly their flag or do business in Whatcom County. Art Thomas, 2620 Island View, Lummi Island, stated there is a possibility that there has been a gift of government funds regarding the Gooseberry Point ferry dock on the mainland side. The property he is concerned about connects the dock to Lummi Shore Road. According to current County records, Whatcom County holds title to it. A 1982 consent decree involving the Lummi Nation and Whatcom County shows the tidelands as being state -owned tidelands. There is also a 1988 Regular County Council, 11/13/2001, Page 3 lease agreement between the County and the Lummi Nation to lease these two pieces of land. It appears there is a gift of government funds since the County holds the title to the land and the tidelands are owned by the state. He chooses to live on Lummi Island and understands that inconveniences are associated with that choice. The loss of ingress and egress is beyond any acceptable inconvenience. The County still holds title of the uplands. They can resolve the issue of the tidelands through intervention on the Sandy Point bulkheads. He asked for help in understanding who the legal owner is for these two pieces of property, and why the County leases it if it owns it. Brenner said that she would like to discuss this in the Public Works Committee. She questioned whether the County Executive could negotiate something like that without Council approval. The land was gifted to the County. She questioned whether the County can, or has, given the gift away. Randy Watts, Chief Civil Deputy Prosecutor, stated he believed the Council was involved many years ago. Dawson stated she turned this over to the State Auditor already. Nelson stated they should get the answers from the Prosecutor's Office first, and then see if it is necessary to be scheduled in committee. Crawford stated he looked at Council minutes from 1988. The only record he could find from that year was from a meeting in April or May. Then - County Executive Shirley Van Zanten announced to the Council that she had signed a lease. There was no Council approval that he could find. Roger Ellingson, representing the City of Sumas, spoke regarding the Comprehensive Plan mineral resources action item 11, the study of mineral resources. He endorses the Council moving forward on this issue, but they need to consider several issues. First, reconsider studying the Mount Baker quadrangle. Hard rock mining is the resource of the future for Whatcom County, because so much of the remaining resource is in prime farmland soils. Second, the State Department of Natural Resources (DNR) study only designates resources of 150 acres in size or larger. They have the information down to the 20 -acre threshold size that the Comprehensive Plan recognizes. Any scoping work should include that information on the GIS maps. It is very important that the Council have more information on the Columbia Valley, which is a resource that was caught on the outskirts of the DNR study. The DNR recognizes the significance of the Columbia Valley resource. The important factor about the Columbia Valley is that it is not in agricultural lands, and it is huge. DNR said it is so large they didn't even attempt to try to determine how big it is and how long the resource will last. It does meet construction quality standards. Finally, it would be important to bring on another geologist. He recommended Dr. Scott Babcock for the scoping committee. They should not open the plan for an amendment just to extend the deadline. The Council, as long as it acts in good faith in pursuing this study, no one will file any lawsuits to get them to do it sooner. There is nothing in the Comprehensive Plan that is going to give them any basis to do so. Regular County Council, 11/13/2001, Page 4 1 2 Brenner questioned whether the DNR already has information on sites down 3 to 20 -acres in size, so the County would not have to gather that information. 4 Ellingson stated that is his understanding. 5 6 Kerri Chappell, 1121 Roland Street, questioned whether the Planned 7 Parenthood lease had been brought before the Council. She also questioned when 8 it would be brought before the Council if it has not been. 9 10 Nelson stated the contract is done. It didn't have to go before the County 11 Council. 12 13 Pete Kremen, County Executive, stated the Council already authorized it. 14 15 16 CONSENT AGENDA 17 18 Imhof reported for the Finance and Administrative Services Committee and 19 moved approval of Consent Agenda items one through twelve. (Clerk's Note: Item 20 twelve was inadvertently numbered item 14 on the Council's agenda.) 21 22 Hoag withdrew item nine. 23 24 Motion to approve items one through eight and ten through twelve (fourteen) 25 carried unanimously. 26 27 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01- 28 113 TO THE LOWEST RESPONSIVE BIDDER, ALLWEST 29 UNDERGROUND, INC. FOR A VACTOR TRUCK WITH A JET RODDER, IN 30 THE AMOUNT OF $230,943.23 (AB2001 -354) 31 32 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01- 33 116 TO THE LOWEST RESPONSIVE BIDDER, AUTOMOTIVE PARTS 34 SERVICE, FOR THE ANNUAL SUPPLY OF AUTO PARTS, IN THE 35 ANTICIPATED AMOUNT OF $60,000 PER YEAR (AB2001 -355) 36 37 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01- 38 121 TO THE LOWEST RESPONSIVE BIDDER, MCTAR PETROLEUM 39 COMPANY FOR THE ANNUAL SUPPLY OF ROAD SALT IN THE AMOUNT 40 OF $40,000 (AB2001 -356) 41 42 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #01- 43 123 TO THE ONLY BIDDER, ZUMAR INDUSTRIES, FOR THE ANNUAL 44 SUPPLY OF TRAFFIC SIGNS, IN THE ANTICIPATED AMOUNT OF 45 $125,000 PER YEAR (AB2001 -357) 46 47 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 48 GRANT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT 49 AND THE DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS Regular County Council, 11/13/2001, Page 5 1 FOR THE IMPLEMENTATION OF THE WHATCOM COUNTY ADULT DRUG 2 COURT, IN THE AMOUNT OF $500,000 OVER THREE YEARS (AB2001- 3 358) 4 5 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 6 GRANT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT 7 AND THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES / 8 DIVISION OF ALCOHOL AND SUBSTANCE ABUSE FOR THE BYRNE 9 DRUG COURT GRANT, WHICH PROVIDES MOST OF THE WHATCOM 10 COUNTY DRUG COURT CLIENT TREATMENT AND URINALYSIS 11 SERVICES, IN THE AMOUNT OF $110,000 PER YEAR (AB2001 -359) 12 13 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 14 PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY 15 HEALTH AND HUMAN SERVICES AND ST. JOSEPH HOSPITAL - 16 RECOVERY CENTER TO PROVIDE FUNDING FOR OUTPATIENT 17 SUBSTANCE ABUSE SERVICES FOR LOW- INCOME INDIVIDUALS WHO 18 HAVE SUBSTANCE ABUSE OR CHEMICAL DEPENDENCY PROBLEMS, IN 19 THE AMOUNT OF $988,364 (AB2001 -360) 20 21 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A 22 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC 23 WORKS AND BEK ENGINEERING ENVIRONMENTAL, INC. TO PROVIDE 24 FUNDING FOR MONITORING SERVICES FOR THE CEDARVILLE 25 LANDFILL AND RE- EVALUATION OF THE GAS FLARE SYSTEM, IN THE 26 AMOUNT OF $24,606.95 (AB2001 -361) 27 28 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN 29 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE 30 PORT OF BELLINGHAM FOR THE PURPOSE OF ECONOMIC 31 DEVELOPMENT PLANNING FOR THE GREATER WHATCOM COUNTY 32 AREA, INCLUDING THE CITIES WITHIN WHATCOM COUNTY (AB2001- 33 362) 34 35 Nelson restated Councilmember Imhof's motion for approval. 36 37 Hoag questioned the $90,000 in rural sales tax funding. She questioned 38 where that comes from, and if that money gets pulled from something else. 39 40 Imhof stated it is a pot of money that the County began receiving from the 41 State a year or so ago. It is one -tenth or two - tenths of one percent to go into a 42 specific fund for specific purposes. This is one of the purposes it can go to. It is 43 strictly for economic development in the rural areas. It does not pull the money 44 from anywhere else. 45 46 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO 47 AMENDMENT #6 OF AN INTERLOCAL AGREEMENT BETWEEN 48 WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE 49 ANNEXATION AND DEVELOPMENT OF APPROXIMATELY EIGHT ACRES Regular County Council, 11/13/2001, Page 6 1 IN THE VICINITY OF THE BELLINGHAM TECHNICAL COLLEGE 2 (AB2001 -363) 3 4 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO 5 AMENDMENT #7 OF AN INTERLOCAL AGREEMENT BETWEEN 6 WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE 7 ANNEXATION OF APPROXIMATELY 75 ACRES IN THE VICINITY OF 8 DEEMER ROAD AND SPRING CREEK (AB2001 -364) 9 10 12. RESOLUTION AUTHORIZING ADDITIONAL COUNTY ROAD 11 CONSTRUCTION FUND AUTHORIZATION FOR COUNTY ROAD PROJECT 12 NO. 900911, ALDERSON ROAD STRUCTURAL OVERLAY (AB2001 -365) 13 14 15 OTHER ITEMS 16 17 1. REPORT ON COMMITTEE DISCUSSION REGARDING THE ORDINANCE 18 AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN 19 RELATING TO THREATENED AND ENDANGERED SPECIES (AB2001- 20 310A) 21 22 McShane reported for the Natural Resources Committee and stated this was 23 held in committee and will be scheduled again on November 27. 24 25 2. WHATCOM COUNTY COMPREHENSIVE PLAN MINERAL RESOURCES 26 ACTION ITEM #11, STUDYING MINERAL RESOURCES (AB2001 -353) 27 28 McShane reported for the Natural Resources Committee and stated the 29 committee moved to set aside the $15,000 to do the critical assessment study of 30 the Bellingham quadrangle. However, they would like to work on a scope for that 31 assessment. He proposed as part of the motion that a group would bring forward a 32 scope to the Council. The group would consist of him, Doug Goldthorp, John 33 Thompson, Matt Aamot, a representative from the mining industry and a citizen 34 representative. The idea is that they would have a view that is broader than just 35 the critical assessment of the Bellingham quadrangle. Look at it mostly from a 36 geologic perspective at this point. He needs to discuss this more with the 37 administration regarding this. It was not an idea that had come up before, and he 38 hadn't had a chance to discuss this with the administration. He so moved. 39 40 Brenner offered a friendly amendment. She would like to study the Mount 41 Baker quadrangle as much as possible, as Mr. Ellingson recommended. She would 42 also like to use the sites that DNR has already done, down to 20 acres. At some 43 point in the future, it may be necessary to determine what all is out there. 44 45 McShane agreed to the friendly amendment. Councilmember Hoag also 46 made suggestions about what should be included in the scope. He agreed with Mr. 47 Ellingson's recommendations, also. Councilmember Hoag recommended they study 48 the information on the smaller size deposits, which is very important in Whatcom 49 County. Also, study other land use issues including the quality of the deposit, and Regular County Council, 11/13/2001, Page 7 issues regarding extraction. Those things would be taken into account in the scope. The scope would then be brought forward to the Council for approval. One of the issues that is very important is that they want industry input, but don't necessarily want them involved in the study or telling the County what the study should be. Even if the industry is right, it sets up a problem of appearance that is difficult. On a personal level, he has experience in the industry. That is something that he does as part of his job. Fortunately, he can be neutral in Whatcom County because he doesn't do that work in Whatcom County. He restated his motion to set aside $15,000 in the budget for the critical assessment study of the Bellingham quadrangle and a portion of the Mount Baker quadrangle, create a scope that would be brought forward to the full Council, and the scope would be created by a geology committee consisting of him, staff, one industry representative, and one citizen. The industry representative and the citizen would be non - voting. Brenner questioned whether they would vote on recommendations to bring to the Council. McShane stated they would vote on the scope for the actual assessment. The information from Mr. Ellingson would be considered by the committee when it comes up with the scope. Brenner offered a friendly amendment that Mr. Ellingson's suggestions be included in the scope. McShane accepted the friendly amendment to include in the scope the suggestions from Mr. Ellingson, which include looking at the Mount Baker quadrangle, looking at the DNR information on smaller deposits, collecting more information on the Columbia Valley, and to bring one other geologist onto the scoping committee. Nelson questioned whether the scope includes the cost to do the study, based on the scope. McShane stated they will come up with a scope with those issues in mind, so they can refine what they will look at. Have an assessment that is right for Whatcom County, and not the DNR. The $15,000 will not be to do the scope. It will be to do the actual critical assessment. There is no charge for the scope. Nelson questioned whether $15,000 is enough to do the assessment. Sylvia Goodwin, Planning Division Manager, stated probably not. However, until they know what the scope of work is, they can't go out and get proposals from consultants that might want to bid on it. This is the first step. Once the scope is done, they can get proposals and find out if $15,000 is adequate. Regular County Council, 11/13/2001, Page 8 1 Nelson questioned whether the two quadrangles would be a burden for an 2 assessment. Goodwin stated that if they include the Mount Baker quadrangle, they 3 would increase the cost considerably. They are looking at a bigger area. 4 5 Nelson stated he will want to know what the cost difference is. 6 7 McShane stated that if they did the Mount Baker quadrangle according to 8 DNR methodology, the cost would be $30,000 for the entire quadrangle. It is not in 9 their best interest to study the entire quadrangle. 10 11 Hoag asked to have an agricultural representative on the scope committee. 12 This study is being done to conclusively demonstrate whether or not there is a 13 shortage of commercially significant quality aggregate resources in Whatcom 14 County outside of designated agricultural areas, and whether or not there is an 15 overriding need to mine aggregate in designated agricultural areas as opposed to 16 other viable alternatives. If that is the point of the study, they should have an 17 agricultural representative on the committee. 18 19 McShane stated he did not accept the friendly amendment. 20 21 Brenner agreed with Councilmember Hoag about determining whether they 22 are going to allow the mineral resource land (MRL) designation in prime agricultural 23 areas. However, that is not what this is about. This is about determining the 24 quality and quantity of aggregate, and that is all. Once this gets to the next step, 25 she agrees that the farming community should be involved. For now, they want the 26 geology information, not the relationship to agricultural areas. 27 28 Hoag stated DNR looked only at deposits of 150 acres and greater, and 29 determined there was a shortage. It is important that the agricultural resource be 30 represented to make sure that they really are looking at where the resources are 31 and that they are mapped. 32 33 Brenner stated it is not necessary at this phase. 34 35 Hoag questioned whether the motion includes mapping deposits that are 20 36 acres or greater. 37 38 McShane stated the committee would look at areas that are smaller than 39 what the DNR looked at. 40 41 Hoag stated that is not a commitment to look at deposits that are 20 acres or 42 greater. 43 44 McShane stated he doesn't want to set a size at this time. As the committee 45 goes over the scope, it will provide a recommendation. 46 47 Nelson agreed. Otherwise, the Council might as well write the scope. 48 Regular County Council, 11/13/2001, Page 9 1 Hoag stated the Council is providing direction on what it wants to see in the 2 study, which is what the staff asked for. DNR has the raw data for the smaller 3 deposits. They just haven't done the GIS mapping. As policymakers, they look at 4 the quantity and quality of the aggregate that is available and the siting issues if 5 they have that map. If they don't have the map, they will have misleading 6 information about the availability of the aggregate. 7 8 McShane stated he would accept the friendly amendment to create the GIS 9 map for the smaller deposits. 10 11 Brenner stated the motion did say that would be included. That was 12 something that Mr. Ellingson stated. 13 14 Hoag suggested a friendly amendment to create a GIS map that includes 15 deposits of at least 20 acres. 16 17 McShane accepted the friendly amendment. 18 19 Nelson restated the motion: 20 • Reallocate $15,000 that had previously been appropriated to the 21 Mount Baker quadrangle study to go to the critical assessment of the 22 Bellingham quadrangle, 23 • Create a scope for the critical assessment study, 24 • Create a scoping committee to include Councilmember Dan McShane, 25 Doug Goldthorp, Matt Aamot, John Thompson, one additional 26 geologist, a mining industry member, and a citizen, and 27 28 (Clerk's Note: End of tape one, side A.) 29 30 The scope is to include the issues brought forward by Roger Ellingson 31 at this evening's public hearing. 32 33 Motion to approve carried unanimously. 34 35 3. ORDINANCE ORDERING THE CLOSURE OF HENRY ROAD AND 36 LONSETH ROAD WEST OF POWDER PLANT ROAD (AB2001 -329) 37 38 Brenner reported for the Public Works and Capital Projects Committee and 39 stated they received useful information from BP employees. There are issues of 40 illegal shooting, including shooting of machine guns and AK -47's. One tree was 41 completely toppled by the shooting. Another issue is one of national security. The 42 committee also heard comments from the Sheriff's Office and Division of 43 Emergency Management, that both strongly support this closure. She moved to 44 adopt the ordinance. 45 46 McShane moved to amend to add another "Therefore be it ordained" 47 statement, which was approved by the Public Works Committee. The amendment 48 was to create parking spaces on Henry Road at the closure location, and put a sign Regular County Council, 11/13/2001, Page 10 1 up stating that the road is open to non -motor vehicle traffic. At the east end of 2 Henry Road at the gate. 3 4 Brenner stated the amendment mandates that two parking spaces will be 5 created at the end of Henry Road to allow access for people to park there. The sign 6 will let people know that the road is public and open to non -motor vehicle traffic. 7 8 Hoag stated someone mentioned that they could accomplish the same thing, 9 except still allow public access to the beach if they just made this area a no 10 shooting zone. 11 12 Dawson stated there is no access to the beach. 13 14 Hoag stated Henry Road goes almost to the beach. 15 16 Imhof stated that is private property. 17 18 Brenner stated people are illegally shooting there now. It is easier to shoot 19 illegally when people can drive to the area. This isn't going to solve the problem, 20 but it will make those illegal weapons more visible. It will dissuade people. That 21 wouldn't happen with just signs. 22 23 Nelson suggested specific language to add, "NOW, THEREFORE, BE IT 24 ORDAINED... west of Powder Plant Road, and provide two parking spaces and a sign 25 designating non -motor vehicle access at the east end of Henry Road at the gate." 26 27 McShane accepted the specific language offered by Councilmember Nelson. 28 29 Motion to amend carried unanimously. 30 31 Motion to adopt the amended ordinance carried 6 -1 with Hoag opposed. 32 33 4. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT EDWARD 34 ONYON TO THE RURAL LIBRARY BOARD (AB2001 -366) 35 36 Imhof moved to confirm the appointment. 37 38 Motion carried unanimously. 39 40 S. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT RENEE 41 REIMER TO THE ESSENTIAL PUBLIC FACILITIES ADVISORY 42 COMMITTEE (AB2001 -367) 43 44 Dawson moved to confirm the appointment. 45 46 Motion carried unanimously. 47 48 6. RESOLUTION ESTABLISHING WHATCOM COUNTY COUNCIL MEETING 49 DATES FOR 2002 (AB2001 -351) Regular County Council, 11/13/2001, Page 11 1 2 Dawson moved to approve. 3 4 Brenner stated she wanted to change the February schedule so there is no 5 Council meeting during the week the schools schedule their mid - winter break. 6 7 Dewey Desler, Deputy Administrator, stated many of the school districts are 8 off during the week of February 17 through February 21, 2002. There is no Council 9 meeting scheduled for that date. 10 11 Motion carried 6 -1 with Imhof opposed. 12 13 14 PUBLIC HEARING 15 16 1. ORDINANCE ADOPTING THE 2002 WHATCOM COUNTY UNIFIED FEE 17 SCHEDULE (AB2001 -346) 18 19 Nelson turned the meeting over to the chair of the Finance and 20 Administrative Services Committee. 21 22 Imhof stated Council received changes to the proposed unified fee schedule 23 from Dewey Desler in a memo dated November 13, 2001. 24 25 Imhof opened the public hearing and hearing no one, closed the public 26 hearing. 27 28 Dawson moved to approve the unified fee schedule. 29 30 Hoag stated Superior Court proposes to charge $3 per each fax in addition to 31 the cost of making the copy. He asked for a clarification to determine whether the 32 fee would be $3 per document or per page. She also questioned why they would 33 add the cost of copies to it, because the originals can be faxed. The previous fee is 34 on Council packet page 324. It is clearer. It charges $3 for the first page of a 35 faxed document, and $1 for each additional page. Because this isn't clear, she 36 asked for clarification. She asked to leave the fee the way it is now. 37 38 Dewey Desler, Deputy Administrator, stated he was not able to reach anyone 39 in Superior Court. The administration is okay with holding that item until they can 40 get clarification. They can strike that item. 41 42 Imhof moved to strike that item. 43 44 Motion carried unanimously. 45 46 Brenner questioned what is considered a group picnic. She sees people in 47 groups go to Hovander Park and have a picnic. 48 Regular County Council, 11/13/2001, Page 12 1 Roger DeSpain, Parks and Recreation Director, stated that fee is for people 2 who register to use the shelter. A group usually consists of 25 people or more. 3 4 Hoag questioned the amount that was charged previously. DeSpain stated 5 they were charging $100. 6 7 Crawford stated they are instituting a new booking fee of $10 per booking. 8 It is the second item from the top of Council packet page 296. They are also 9 increasing the jail per diem cost from $50 to $61. He questioned whether that is 10 what the County charges the cities and Nooksack Tribe to jail their people. He also 11 asked the fiscal impact. 12 13 Brad Bennett, Finance Division Manager, stated there is currently a $10 fee 14 that is charged to the inmate when he is booked. That is a State law, and $10 is 15 the maximum amount the County can charge. There is also a booking fee that is 16 charged to the entity that brings the inmate in. That is the per diem charge that is 17 increasing. The per diem fee is a contractual fee that is calculated based on the 18 jail's budget. 19 20 Crawford questioned the ramifications of the increases. Bennett stated it is 21 very difficult to calculate what it means to Whatcom County. Depending on the 22 nature of the offense, felony prisoners are charged to the County, whereas gross 23 misdemeanor offenders are the responsibility of the cities. The revenue depends on 24 the composition of the jail. 25 26 Brenner asked if the fee is charged to the County when a Sheriff deputy 27 brings someone in. Bennett stated it is not. 28 29 Brenner moved to amend the ordinance to add a $25 fee for frivolous call - 30 outs to the Sheriff's Office. She witnessed someone call the Sheriff on an 31 emergency call, and then took off. This is a terrible thing when they have few 32 deputies. 33 34 Dawson asked how they determine what is frivolous. 35 36 Brenner stated it would apply when it is obvious. 37 38 Dawson asked if the Sheriff supports something like this. 39 40 Nelson asked if the Sheriff requested this. 41 42 Brenner stated no. 43 44 Motion to amend failed 2 -5 with Brenner and Hoag in favor. 45 46 Motion to adopt carried unanimously. 47 48 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND 49 STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE Regular County Council, 11/13/2001, Page 13 1 YEAR OF 2002 PURSUANT TO HOME RULE CHARTER SECTION 6.10 2 (AB2001 -347) 3 4 Imhof opened the public hearing 5 6 Imhof stated it has been many years since they have not increased the 7 property tax. It has been six years in a row that the Council has not increased the 8 property tax. In addition, the Council has not increased property taxes for seven 9 out of the last eight years. 10 11 Imhof, hearing no one, closed the public hearing. 12 13 Hoag moved to amend Council packet page 327, paragraph (C), "(C) The 14 Whatcom County Council does approve $706,530...." 15 16 Imhof stated it is a typo, and does not need a motion. 17 18 Nelson moved to adopt the ordinance. 19 20 Motion carried unanimously. 21 22 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR WHATCOM 23 COUNTY CONSERVATION FUTURES PURPOSES FOR 2002 (AB2001- 24 349) 25 26 Imhof opened the public hearing, and hearing no one, closed the public 27 hearing. 28 29 Nelson moved to adopt the ordinance. 30 31 Motion carried unanimously. 32 33 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD 34 PURPOSES FOR 2002 (AB2001 -350) 35 36 Imhof opened the public hearing, and hearing no one, closed the public 37 hearing. 38 39 Nelson moved to adopt the ordinance. 40 41 Motion carried unanimously. 42 43 S. ORDINANCE ADOPTING THE FINAL 2002 WHATCOM COUNTY BUDGET 44 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN 45 (AB2001 -348) 46 47 Imhof opened the public hearing and the following people spoke: 48 Regular County Council, 11/13/2001, Page 14 1 Al Marshall, 2781 West Shore Drive, Lummi Island, asked the Council to 2 adequately fund the update of the Lummi Island subarea plan. The current plan 3 was prepared over 20 years ago. The islanders support it, but it needs to be 4 updated. Under the current zoning, a lower density of development is allowed 5 within aquifer recharge areas. This is because they recognize the need to protect 6 the groundwater. It belies the fact that the aquifer recharge areas are not well 7 identified at this point. The County's wetland map for Lummi Island is woefully 8 inadequate. Other critical areas are important to identify so they can all receive the 9 protection that current law provides. These are some of the many areas that the 10 revised subarea plan needs to address. The Planning and Development Services 11 did not pad their estimate to do this when they requested $35,000. The amount 12 has been cut to $30,000. He is concerned there won't be enough money to do the 13 job properly. 14 15 Lummi Island is a different place from the mainland. All of the island's 16 freshwater comes from the rain. An undetermined amount of that water is lost 17 through leakage to the saltwater. Some of the wells suffer from saltwater 18 intrusion. Other wells are at risk of this. There is a report for ferry planning that 19 cost the County $41,000. According to the Growth Management Act, land use 20 planning is supposed to dictate what goes on for infrastructure planning. At this 21 point, they are doing things in the reverse order. The County residents appreciate 22 and enjoy visiting Lummi Island. Properly fund the subarea plan revision, and keep 23 the island a special place. 24 25 Steve Schneider, 2455 Tuttle Lane, Lummi Island, stated he would address 26 the appropriation of $30,000 to prepare the Lummi Island subarea plan. He is a 27 member of a group that has met for a year to prepare to assist the County in 28 preparing the subarea plan. They've written a proposal and a vision statement. 29 They've also prepared and submitted a survey to the Planning Department and 30 Public Works Department. The island has special needs. Transportation issues are 31 very important. Water resources issues are also important. The present 32 Comprehensive Plan calls for further studies of the water resources and aquifers, 33 but that has not been done. They have other special needs that they may find. 34 Since Lummi Island is a very good tax base, with the most waterfront and view 35 land in the County except for Eliza Island, grant the $35,000 request and leave it 36 open for more funding in the future, if needed. 37 38 Pam Gould, 2384 Tuttle Lane, Lummi Island, stated she supported the 39 previous speakers. Support the original request of $35,000 for the Lummi Island 40 subarea plan revision. One of the most important influences on Lummi Island 41 growth and development is the limited groundwater resource. The original author 42 of the Lummi Island plan recognized this. Protecting development, wetland, and 43 water recharge areas is critical for protecting the water resource. To do this 44 adequately, the County must have accurate maps of wetland areas. The Planning 45 Department is aware that the maps they have are inadequate, and it made a bare 46 bones estimate of what it would take to revise the plan and protect Whatcom 47 County from future difficulty. There are numerous examples of homes built in wet 48 areas, but are not designated wetland or water recharge areas on County maps. 49 Those homes put the delicate balance of water on Lummi Island at risk. As the Regular County Council, 11/13/2001, Page 15 1 water resource is abused, saltwater intrusion will increase, damaging wells on the 2 high value shoreline properties first. The groundwater study done on Lummi Island 3 from 1989 to 1994 showed that some of the most stable and large aquifers on the 4 island are under and around the wetland areas that need to be protected. The 5 Planning Department realizes all the dangers of these inadequate maps, and 6 recommended $35,00 as the minimum amount needed. 7 8 Dana Kershner, 3899 Centerview Road, Lummi Island, stated he is the 9 president of Lummi Island Heritage Trust, which is a land conservation organization 10 on Lummi Island that is supported by over 300 households. The Heritage Trust 11 urged the Council to support this subarea plan process and ensure that adequate 12 resources are available. He also asked for Council support of the Curry project. 13 14 Brenner stated she would bring up Mr. Kershner's letter later in the meeting. 15 16 Ian O'Callaghan, 2284 North Nugent Road, stated he is currently serving as 17 vice - president of the Lummi Island Community Club, chair of the Lummi Island 18 Planning Committee, and secretary of the Sunrise Rotary of Bellingham. The 19 island's planning committee has been meeting monthly for the last 11 months. 20 During this time, they drafted a vision statement and developed a comprehensive 21 survey, which they forwarded to Hal Hart and Sylvia Goodwin. The committee is 22 presently developing educational information regarding the planning process and 23 topic issues that it will disseminate to all islanders. They hope this material will 24 educate and also stir the people to participate in the planning process. He urged 25 the Council to approve the funding request for the Lummi Island subarea plan. 26 There has been a tremendous amount of growth in Whatcom County in the 25 27 years he's lived here. The 1990 census counted 610 fulltime residents of the 28 island. The 2000 census counted 842 fulltime residents. This is an increase of 30 29 percent. The number only represents fulltime residents, not weekend or summer 30 crowds that double the population. The growth has put a tremendous strain on the 31 island's infrastructure and natural resources. By approving this funding request, 32 the Council will give the islanders the tools to shape their future. The residents 33 agree that it is important to maintain the rural character of the island. The rural 34 character is what attracted each resident, and keeps the residents there. In today's 35 economy, dollars are scarce. He wants to see a solid plan developed with a high 36 level of island participation. Projecting a budget for such a project is difficult. If 37 the Council decides to fund the project for $30,000, then keep open to the need for 38 additional funding at a future date. 39 40 Cindy Maxwell, Northwest Care Advocates, stated her organization provides 41 mental health services for the intensive case coordination project. The children are 42 aged 12 to 18 who have had two or more arrests or detentions, at least four 43 months remaining on their probation contract, and a history of a mental illness 44 and /or a co- occurring disorder, which is a combined addiction to drugs and alcohol. 45 These are very tough kids. They developed the program because the kids deserve 46 special services, for the community's safety. These kids often don't show up at 47 community mental health centers, for their chemical dependency treatment, or at 48 their other providers. They assist these kids, establish a relationship with the kids 49 and their families, work with the probation officers, and get them triaged for mental Regular County Council, 11/13/2001, Page 16 1 health screening and treatment planning. They network with school counselors and 2 community providers. Most of the time, they escort the children to their psychiatric 3 or mental health counseling appointments. They go to the childrens' homes. It is 4 an important program. She asked that it be funded for next year. 5 6 Kathleen Covetter, Northwest Care Advocates, spoke on the emergency 7 services funding for juvenile detention. The program has been in place for several 8 years. They provide coverage 24 hours per day, seven days per week to juvenile 9 detention. During that time, they average 100 calls per year for emergency 10 services from children who are in crisis in the juvenile detention facilities. These 11 children include kids who bang their heads against the walls, engage in self - 12 mutilation, attack staff, and attack other children. Her agency responds within 30 13 minutes of receiving the call. These services are not duplicated through the 14 emergency response system. Most of the youth do not meet civil commitment 15 criteria, which means they are in imminent danger because they are housed in the 16 juvenile detention facility. That doesn't mean the children don't need services. It 17 doesn't mean the children haven't had an impact on the system. In the first six 18 months of this program, the incident reports went down by 30 percent in that 19 timeframe. The program is also a cost - saving device for the County. She urged 20 the Council to fund the $15,000 for the next year. 21 22 Hearing no one else, Imhof closed the public hearing. 23 24 Nelson moved to adopt the substitute ordinance. 25 26 Dewey Desler, Deputy Administrator, stated the substitute ordinance is the 27 correct document. He sent a memo to the Council about some technical corrections 28 that the Finance Committee requested during the work session. A number of 29 people spoke on the Lummi Island subarea plan. The Executive would be very 30 interested in seeing that program take place. The amount budgeted is a 31 placeholder. They want to work with the Lummi Island community to determine 32 the proper scope of work for that effort. The administration would come back to 33 the Council with the plan of action for that work. If it takes more than $30,000, the 34 administration would seek the Council's approval for a one -time appropriation. This 35 has been a priority for the administration. The cost depends upon the scope of 36 work. 37 38 Imhof stated the scope needs to be developed before they put a budget 39 together. They will do a budget amendment at the first part of 2002 to get that 40 together. 41 42 Dawson moved to add $40,000 to the Juvenile Court Administration to add 43 an additional six months for the mental health case coordination project and 44 emergency juvenile detention center mental health services. There is one -time 45 funding that came in late. That will cover the cost. By giving the program six 46 additional months, they will have a program that they can evaluate. Hopefully they 47 can get some grant funding that will carry the program on. It will give the Juvenile 48 Court Administration a total budget of $3,316,702. 49 Regular County Council, 11/13/2001, Page 17 Desler stated the administration supports the effort. They will work closely with the mental health community to find other appropriate resources to support this effort throughout the community. Brenner stated the additional $40,000 isn't enough. There are two programs. One program is the critical case program and one is the intensive case program. Imhof stated one of them is already funded for $15,000. Brenner stated it is not already funded. It is listed under the unapproved items. There is $95,000 total for the two programs. (Clerk's Note: End of tape one, side 8.) Dave Wareing, Interim Criminal Justice Coordinator, stated he verified that the mental health part of the program costs $80,000. Six months of the program would cost $40,000, which is what Councilmember Dawson moved to approve. They would need an additional $7,500 to do the other program for six months. Imhof stated the Finance Committee was told that $15,000 for one of the programs was approved. Steve Paus, Juvenile Court Administrator, stated the budget for 2002 includes an amount of $22,000 for the detention portion of the program, for an entire year. Brenner asked if the Mental Health contractual services program is approved. Paus stated that is included. It is in cost center 1970, which is detention. It is in that program. The additional $15,000 is not approved. Imhof stated that for that program, the Juvenile Court Administration asked for an additional $15,000, and $22,000 was already approved. Brenner questioned whether the $22,000 in cost center 1970 is for the mental health contractual services program. Paus stated it is for that program. Brenner asked if this is something that happened after the budget was put together. Paus stated it was not. It has been in the budget since 2000. Brenner asked if the County will have the exact same intensity of service for the next six months that they've had over the last six months, given the amount approved. Paus stated they will not. Imhof asked what has changed. Paus stated they will not have the 24 -hour, $3 per hour beeper service. Imhof asked the dollar value in 2001 for the mental health contractual services program. Paus stated the cost in 2001 was $37,000. Regular County Council, 11/13/2001, Page 18 1 2 Imhof stated the program has been cut by $15,000. Paus stated that is 3 correct. 4 5 Dawson amended her motion to include $7,500 for the mental health 6 contractual services in addition to the $40,000 for the intensive mental health case 7 coordination. The two programs would be fully funded for six months. 8 9 Brenner stated she spoke to Mr. Desler about the program. Mr. Desler told 10 her that if this is a high priority in six months, the administration will do whatever it 11 needs to do to make sure it gets funded. This is not just for regular services. This 12 funding is for intensive crisis management for dangerous mentally ill juvenile 13 offenders in the detention facility. This program has already prevented injuries in 14 the last six months it has been operating. They cannot afford to be without this 15 program. 16 17 Imhof stated Mr. Paus would do his best to find grant funding to continue the 18 program. They will review the program in May or June. 19 20 Hoag questioned whether they will provide the same level of service over the 21 next six months that they have the past six months, with this additional funding. 22 Paus stated that is correct. 23 24 Motion to amend carried unanimously. 25 26 Hoag stated the issue of courthouse security has been discussed before. The 27 Council approved some plans to increase security in the courthouse. It hasn't 28 happened. There is a greater need now than ever. The employees have brought to 29 her attention the desire to have some security to prevent guns and knives from 30 coming into the courthouse. Also, the courts have asked to have increased 31 security. She proposed that the south entrance be used for courthouse employees 32 only and that one has to have a badge to get in, that the rotunda entrance be used 33 for the public, and to install a metal detector and a security guard at the rotunda 34 entrance. She moved to add $100,000 to the budget. Fifty thousand would be for 35 a 1.5 fulltime equivalent (FTE) employee. Fifty thousand would be for equipment. 36 They do have two portable metal detectors at this time. They can begin with those. 37 They need to have a level of increased security for the employees. They need to 38 put health and safety first. 39 40 Brenner asked the cost if they don't invest in a permanent mental detector, 41 and just use the portable metal detectors that the County already owns. 42 43 Hoag stated that if they just use what is there, they would only have the cost 44 of the FTE. 45 46 Brenner stated there is already someone here in the evenings. Hoag stated 47 that security person is only present for the County Council's evening meetings. The 48 security is not here for other night meetings or covering vacation for the position 49 that would be full time. They may be able to get away with a 1.25 FTE. Regular County Council, 11/13/2001, Page 19 1 2 Brenner suggested a friendly amendment to add the cost of one FTE to the 3 budget. They do have the person already who works in the evening. 4 5 Hoag stated they still need someone who covers vacations. 6 7 Brenner stated she would vote for the concept of the security personnel, but 8 not for buying a new machine. 9 10 Crawford asked what they are protecting themselves from. 11 12 Hoag stated it would be protection from guns and knives. It is something 13 that the employees and courts requested. The Council approved the plan. Her 14 proposal would provide the bare minimum of protection. 15 16 Pete Kremen, County Executive, stated the suggestion that they have 17 heightened security has merit. He discussed this with Councilmember Hoag earlier. 18 Ms. Hoag suggested the possibility of closing the south entrance and having only 19 the rotunda entrance open to the public. Upon further consideration, the south 20 entrance is their disabled access to the building. It would cost the County a lot to 21 refurbish the rotunda. Also, the FTE has a wide range of costs associated with it. A 22 lot of it would depend on whether they opted to hire a security guard or a Whatcom 23 County Sheriff's Deputy. There is a huge difference in the cost. They would get a 24 more professional and secure presence with a Sheriff deputy. Take all this into 25 consideration. 26 27 Brenner asked if anyone has talked to the local security companies about 28 this. She would like to have a motion to explore this issue, and have the 29 administration come back to the Council after reviewing the options of private or 30 public security personnel. 31 32 Hoag stated that if they don't close the south entrance, they could put one of 33 the portable metal detectors at that entrance. They would have to have another 34 guard. 35 36 Kremen stated the administration would work with the Council to have 37 security that is as good as they can afford at this time. 38 39 Hoag amended her motion to request the administration to bring forward a 40 plan to keep knives and guns out of the courthouse. That is what the employees 41 and courts have requested. 42 43 Motion failed 3 -4 with Hoag, Brenner, and McShane in favor. 44 45 Hoag moved to add $12,000 to the Sheriff's budget for remote stations. 46 They need to reduce the Sheriff deputy response times. They spend a lot of time 47 just driving to and from Bellingham. The deputies who cover her part of the county 48 spend two hours of every shift just driving back and forth to Bellingham. That puts 49 a considerable amount of wear and tear on the vehicles. It also leaves the district Regular County Council, 11/13/2001, Page 20 without protection during that time. It wastes the deputies time when they could be doing more productive things. She proposed a pilot program to put computer stations in fire stations and other locations. That money was not spent. She would like the $12,000 put in the budget again to run a pilot program to see if they can get a better response time. Sheriff deputies have called her about this and support it. The residents of the Blaine, Birch Bay, and Foothills areas have also requested it. She suggested putting it in the Nooksack /Everson area, and in the Enterprise Road area. It would also help to respond to issues at the BP plant and other heavy industries in that area. Imhof stated the Finance Committee heard that the Sheriff is not excited about doing that, so he would vote against it. Dawson stated the Sheriff's Office is an independent department. The County Council can't force a program on a department administrator that doesn't support it. The union is also a concern on this issue. Imhof stated it is not an easy fix to a difficult problem. Brenner stated she supported the concept, but there aren't any cuts to compensate for it. The money isn't there. She suggested that Councilmember Hoag withdraw her motion until later in the discussion to see if any budget cuts would cover the cost. Hoag withdrew her motion. She stated she had cuts that she would propose, and bring this back. She discussed this with the consultants who were hired to do the Law and Justice study. Those consultants strongly supported the idea. Everyone except the Sheriff has been very supportive. Hoag stated she wanted to see the Lummi Island subarea plan funded at a minimum of $35,000, and more if necessary. The issues that have been brought forward regarding wetlands and saltwater intrusion are very important. She is concerned that it cannot be done for $30,000. Brenner stated she spoke to the folks on Lummi Island, who asked for more than $30,000 if needed. Mr. Desler and Executive Kremen promised that would happen. The residents are concerned that the County will cut corners. Mr. Desler, Executive Kremen, and the administration assured them that no corners would be cut. She is comfortable leaving it at $30,000. If they need a supplemental, they will come back with it. Hoag moved to delete $15,000 from Bellingham Economic Development Council (EDC). Their last bulletin announced that the EDC used taxpayer funds to help Nesco, the company that is proposing to put in Sumas Energy 2, to contact its members to help build support for their power plant in Sumas. That is not a good use of taxpayer's money. Brenner stated she supported the motion. The City of Ferndale has pulled out of the EDC. Regular County Council, 11/13/2001, Page 21 1 2 Dawson stated they are not going to agree on everything regarding economic 3 development. The EDC provides a valuable resource. She wouldn't support the 4 motion. 5 6 Motion failed 3 -4 with Brenner, McShane, and Hoag in favor. 7 8 Hoag moved to delete $14,188 the Council of Government's legislative 9 specialist. Health and safety for the courthouse come before the lobbyists position. 10 The Washington Association of Counties and the Councilmembers do lobbying. This 11 money would be better spent on juvenile services and some of the other additions. 12 13 Imhof stated this position has done an admirable job for the County in 14 getting funding that wouldn't have otherwise been forthcoming. He would not 15 support the cut. 16 17 Brenner stated she would support the cut. They cannot afford another 18 lobbyist. They need to do that themselves. 19 20 Crawford stated the $14,000 is just a portion of the cost for the lobbyist. He 21 questioned the number of dollars this person has brought into the county just for 22 roads and transportation. 23 24 Imhof stated the amount of money that has been brought in is in the 25 millions. 26 27 Kremen stated the person doing the legislative liaison work in Olympia is 28 named Tom Parker. The County had the most productive year for transportation 29 funding than any other year in the history of Whatcom County. For the first time in 30 a long time, the County is now a recipient county instead of a donor county. 31 32 Hoag stated the road fund is not hurting at all. They have to cut and trim 33 from the general fund, not from the places that this gentleman brings in money. 34 35 Kremen stated the funds are for state roads, not local roads. 36 37 Imhof stated the economic development that these bring in are the reason 38 they can fund the other programs. 39 40 Hoag stated the County already pays the Council of Governments (COG) 41 $34,662. In addition to that, the County pays COG $14,188 for the lobbyist. 42 43 Motion failed 2 -5 with Brenner and Hoag in favor. 44 45 Hoag moved to delete $20,000 from non - departmental for a performance 46 measurement. It would bring in a professional to help prepare outcome -based 47 strategic plan and budget development. The cost includes training and consultation 48 for department heads, elected officials, and key department personnel and to 49 develop the capacity to generate department -level strategic plans. This is Regular County Council, 11/13/2001, Page 22 1 something they already do. In lean times, this is a spot they could easily cut. The 2 department heads are highly qualified and do a good job on this issue. 3 4 Imhof stated in lean times is when they want the best from the employees. 5 They've been talking about performance measurements for the last ten to twelve 6 years. They are finally getting to a point to make some difference. He did not 7 support the motion. 8 9 Nelson agreed. They've been pushing for this for years. They've developed 10 the countywide strategic plan. When they talk about holding the budget at a zero 11 percent increase for the past six years, it is because of these efforts. This is not 12 something that is easy for department heads to implement. Last year, during the 13 budget process, they witnessed this difficulty. This funding would help them make 14 good decisions that impact the Whatcom County and the budget. 15 16 Brenner stated she's noticed that the department managers, rightfully so, 17 have an obligation and loyalty to their department. Sometimes it helps to have an 18 objective third person to shake things up. If they can squeeze any more efficiency 19 out of the departments, it will be money well spent. 20 21 Hoag stated the consultant will not audit the departments, just train the 22 department heads. 23 24 Brenner stated the department heads will be trained on how to make the 25 department more efficient. That will be better than an audit. 26 27 Motion failed 1 -6 with Hoag in favor. 28 29 Hoag moved to add $12,000 to the Sheriff's Office for remote stations. 30 Health and safety should be at the top of their priority list. What she suggested for 31 her cuts are lower priorities. The Executive's Office said they can find $12,000. 32 33 Imhof stated this was not close to a priority for the Sheriff. He is the one 34 who would have to implement it. 35 36 Brenner agreed that it has never been a priority for the Sheriff, but she's 37 disagreed with him on this item. This concept has been adopted all over the 38 country. Everywhere it has been adopted, crime rates have gone down 39 dramatically. There is data to prove it. She is sorry that the Sheriff doesn't want 40 to implement it. She voted for enough cuts to support the program, even though 41 the Council didn't approve them. 42 43 Motion failed 2 -5 with Hoag and Brenner in favor. 44 45 Motion to adopt the ordinance as amended carried 6 -1 with Hoag opposed. 46 47 Imhof stated they started the budget process in May. The councilmembers 48 were concerned with the state of the budget, and gave direction. The 49 administration came up with a budget that heeded what the Council asked. That is Regular County Council, 11/13/2001, Page 23 1 evident in the lack of amendments to it. He thanked the Finance Committee 2 members, councilmembers, and administration for getting done with the budget at 3 a record early hour. It used to be a fistfight to get the budget passed before the 4 deadline. This shows the quality of the administration and the Council. 5 6 Kremen stated he is very pleased that the administration and Council work 7 well together. The direction that the Council provided was taken seriously. They 8 both face a serious financial shortfall with increasing costs, this budget is the best 9 they could do considering the circumstances. He thanked the councilmembers, all 10 the elected officials, and all the department heads. It was a true collaborative 11 effort. He gave special recognition, praise, and thanks to Dewey Desler who is a 12 master at putting together a public budget. Mr. Desler does it with grace, ease, 13 and prowess. He also recognized Brad Bennett, Finance Manager. 14 15 Desler stated he thanked all the department heads and staff in the Finance 16 Division who were super to work with. They worked hard on this. It will be even 17 more difficult in the future. He is impressed with the wisdom, advice, and support 18 he gets from the County Council. Whatcom County citizens are fortunate to have 19 the councilmembers working on their behalf. In addition, Mr. Kremen is wonderful 20 to work with because he is always available to the Council, the departments, and 21 the people of the county. 22 23 Brenner asked to have, in the future, an asterisk noting existing programs 24 when those programs are not approved. 25 26 27 Hoag stated this is the first time she voted against a budget. It is not a 28 reflection of a lack of appreciation for the Executive's Office, elected officials, or 29 department heads who really trimmed their budgets tight. She is concerned they 30 are not putting enough emphasis on health and safety. 31 32 Desler also thanked Debbie Adelstein and Francine Kincaid. 33 34 35 OTHER BUSINESS 36 37 EMERGENCY ORDINANCE IMPOSING A MORATORIUM ON THE 38 ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO 39 PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM 40 WATERSHED; AND DECLARING AN EMERGENCY (2001 -377) 41 42 Pete Kremen, County Executive, requested the Council's consideration and 43 support to impose a moratorium on the acceptance of new applications for 44 subdivisions on land into parcels smaller than five acres within the Lake Whatcom 45 watershed. Lake Whatcom is a critical water resource because it is the drinking 46 water supply for almost half of the residents of Whatcom County. It is of the 47 utmost importance to preserve the resource for future generations, and develop the 48 kind of watershed management strategies that are founded on best available 49 science, watershed stewardship, and appropriate land use planning. They must Regular County Council, 11/13/2001, Page 24 1 develop strategies that prevent harm to the water body before it is too late. As 2 stewards of this invaluable resource, they must pause to ensure they are protecting 3 the water quality of Lake Whatcom. They lack information that relates to the 4 amount of pollution coming from current and future development. Through the 5 water resource inventory area (WRIA) watershed management program, they've 6 begun to acquire this information and apply best available science to their land use 7 planning efforts. It is prudent to gather this information so they can weigh the 8 impacts of future development on Lake Whatcom water quality. At the previous 9 County Council meeting, the Council passed criteria for land preservation in the 10 Lake Whatcom watershed. Now they must apply these criteria to parcels in the 11 watershed and employ the appropriate preservation strategy. Until they know the 12 number of parcels that need to be protected and the economic implications, it is 13 prudent to not commit to high density land use activities in the interim. Recently, 14 the State Department of Ecology (DOE) released the stormwater management 15 manual for Western Washington. This manual provides a framework for local 16 governments to address stormwater issues. The County must and will evaluate this 17 manual and develop a stormwater strategy for Lake Whatcom. This strategy will 18 address current and future development, and the importance of enhanced 19 emergency spill response in the Lake Whatcom watershed. Entertain this 20 ordinance. Take their obligations as stewards of this valuable resource seriously. 21 He urged the Council to support the ordinance. Hal Hart and Bruce Roll would be 22 available to answer questions. 23 24 Imhof moved to adopt the emergency ordinance. 25 26 Brenner asked to insert "temporary moratorium..." wherever the word 27 "moratorium" exists in the ordinance. 28 29 Kremen accepted the friendly amendment to add language to the ordinance. 30 31 Hoag stated there is a typo, "WHEREAS, a moratorium on further... while the 32 county studies the a€fec4 effect of future development..." 33 34 The Council concurred. 35 36 (Clerk's Note: End of tape two, side A.) 37 38 McShane questioned whether there are applications that have been 39 submitted, and are yet to be determined to be complete. 40 41 Hal Hart, Planning and Development Services Director, stated there are. 42 Because of the previous subdivision ordinance that was in place, prior to the 43 amended one from last year, the process was left open so that subdivisions that 44 became vested by paying money are still alive in the process, even now. There are 45 about 140 acres worth of land that could be divided to the minimum amount. In 46 many cases, there could be four lots to an acre. These parcels are vested, but 47 people haven't acted. 48 Regular County Council, 11/13/2001, Page 25 1 Brenner asked if there are any that have come in that are not vested. Hart 2 stated there are not. 3 4 McShane questioned whether changing the language in Section 1 from 5 "complete" to "submitted" would have any impact. Hart stated that anything 6 submitted previous to this action would go through, and would not be subject to 7 this action. He agreed with changing the language. When the department accepts 8 the application and fee, it is considered "complete." 9 10 McShane stated there has to be a determination of completeness now, based 11 on what has been provided. Hart agreed. 12 13 McShane questioned whether there are recent applications. Hart stated 14 there has not been many applications that have come in. 15 16 McShane moved to amend Section 1, "A. A moratorium is imposed... unless 17 the applications were complete submitted, as provided in...." 18 19 Brenner questioned whether they could legally make that change. 20 21 Randy Watts, Chief Civil Deputy Prosecutor, stated vesting occurs upon 22 submitting a completed application. 23 24 Nelson stated there is nothing illegal about specifying a date, and saying that 25 any paperwork submitted before that date would be considered. Watts stated they 26 would want to only allow a completed application to be submitted to work with 27 vesting. They wouldn't want someone to submit something that needed further 28 input to be complete. 29 30 McShane stated he is concerned about someone who may have submitted an 31 application yesterday, for example, but inadvertently left something out. 32 33 Nelson asked what happens when the applicant goes to the Planning and 34 Development Services offices. Hart stated there is a pre - application meeting. The 35 staff tells the applicant what they need to do for a complete submission. They are 36 assigned a number. 37 38 Nelson stated the applicant is assigned a number and believes he or she 39 already started the process. They have not been vested, but have begun the 40 process. The applicant would have invested in consultants or wetland checks, for 41 example, to get a completed application. The questioned is about those people. 42 43 Hart stated that Mr. Watts explained that the application is not submitted 44 until it is complete. The idea is about how sensitive they want this to be. The legal 45 definition for vesting is where he feels most comfortable. 46 47 Nelson stated that if someone has gone to the Planning and Development 48 Services Department to begin the process, that person is not vested. He 49 questioned whether there is any reason why the County cannot acknowledge those Regular County Council, 11/13/2001, Page 26 1 applications. Watts stated the applicant should submit something to the Planning 2 and Development Services Department, such as complete application. 3 4 Hart stated the department has to have an application and a fee in order to 5 begin work on something. If someone just comes in to ask the best way to 6 subdivide, it is not considered a submission. It is the pre - approval process. Once 7 the applicant submits and pays the fee, the application is considered vested. 8 9 Hoag questioned whether there are any applications in the pre - approval 10 process. Hart stated not at this time. They've only had two short -plats this year, 11 which would create lots in size less than five acres. 12 13 McShane withdrew his motion. 14 15 Motion to adopt the emergency failed 4 -3 because of a lack of a super - 16 majority, with Nelson, Dawson, and Crawford opposed. 17 18 Brenner stated the Council received a request from Dane Kershner for a 19 Council letter of support for a Lummi Island grant in the amount of $25,000 from 20 the National Fish and Wildlife Foundation. She moved to send a letter of support 21 for the Lummi Island Heritage Trust to support a grant to purchase 43 acres of 22 open space on Lummi Island to create a publicly - accessible community preserve. 23 24 Motion carried 6 -0 with Crawford abstaining due to a potential conflict of 25 interest. 26 27 28 INTRODUCTION ITEMS 29 30 Imhof moved to accept the Introduction Items. 31 32 Motion carried unanimously. 33 34 1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2002 ANNUAL 35 ROAD CONSTRUCTION PROGRAM (AB2001 -368) 36 37 2. ORDINANCE AMENDING CHAPTER 24 OF THE WHATCOM COUNTY 38 CODE TO INCLUDE MINIMUM REQUIREMENTS FOR AN ADEQUATE 39 WATER SUPPLY AND MINIMUM REQUIREMENTS FOR THE SELLER TO 40 PROVIDE INFORMATION TO THE BUYER CONCERNING THE WATER 41 SOURCE WHEN SELLING DEVELOPED PROPERTY (AB2001 -369) 42 43 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING 44 ORDINANCE, SECTIONS 20.71.400 — BUILDING SETBACK /BUFFER 45 AREAS AND 20.80.210 — MINIMUM SETBACKS TO ADDRESS 46 BUILDING SETBACKS IN THE WATER RESOURCE PROTECTION 47 OVERLAY DISTRICT (AB2001 -370) 48 Regular County Council, 11/13/2001, Page 27 1 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING 2 ORDINANCE TO EXCLUDE SUBMERGED AQUATIC LANDS FROM 3 PARCEL AREA CALCULATIONS FOR IMPERVIOUS SURFACE, GROSS 4 DENSITY, OPEN SPACE, MINIMUM LOT SIZE AND LOT COVERAGE 5 (AB200 -371) 6 7 5. ORDINANCE ESTABLISHING THE WHATCOM COUNTY TAX REFUND 8 FUND (AB2001 -372) 9 10 6. ORDINANCE AMENDING ORDINANCE 2000 -014 TO EXTEND THE 11 PROVISIONAL SHORT TERM PLANNING AREA FOR THE DRAYTON 12 HARBOR AREA OF THE BLAINE URBAN GROWTH AREA FOR AN 13 ADDITIONAL TWO YEARS AS PROVIDED IN ORDINANCE 99 -071 14 (AB2001 -373) 15 16 7. ORDINANCE AMENDING THE 2001 BUDGET, AMENDMENT #11 17 (AB2001 -374) 18 19 8. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, COUNTY 20 COUNCIL (AB2001 -352) 21 22 23 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 24 25 Hoag stated that during the Northwest Air Pollution Authority ( NWAPA) board 26 meeting, she mentioned the odor problems at Recomp. Recomp was issued three 27 notices of violation, including a violation of the conditions of their air operating 28 permit. The NWAPA Board will send a letter to the County Council to explain the 29 actions that they are taking. They are trying to get a handle on the problem. 30 31 Also, the Bellingham Herald reported that the energy crisis was a scam. A 32 California official was quoted as saying that, during the rolling brown -outs, more 33 than one -third of the available power plants were taken off line to create an 34 artificial crisis. The Governor of California said this was a monumental scam. In 35 the year 2000 and 2001, the West Coast used less energy than in 1999, yet they 36 paid $35 billion more for it. The enforcement agency would have been the Federal 37 Energy Regulatory Commission (FERC). 38 39 Dawson stated residents on the Lummi peninsula want to know what to do 40 regarding the lawsuit. She suggested that the residents gather a petition to send 41 to officials. She asked for support to send a letter to the Governor, the State 42 Department of Natural Resources (DNR), the State Department of Ecology (DOE), 43 and the Lummi Tribe regarding the federal suit asking the state to intervene. 44 45 Nelson stated the residents should send in the request themselves, not the 46 Council. 47 48 The Council concurred. 49 Regular County Council, 11/13/2001, Page 28 1 Brenner stated the Public Works Committee will meet with the City of 2 Ferndale's Planning and Judicial Committee to discuss Recomp tomorrow at 1:00 3 p.m. at the Ferndale City Hall. She attended a Ferndale City Council meeting a 4 week ago. There were 30 or 40 residents who are all complaining of the same 5 physical ailments and of emotional and mental stress from this facility. Every 6 Ferndale council member has been out there. They've all gotten sick from the 7 smells. Business people told the Ferndale City Council that they can't find tenants 8 for their buildings because the stench is so bad. She attended the annual meeting 9 of the Farm Bureau. Greg Ebe told her that he chose not to rent space near 10 Recomp because of the stench. The City of Ferndale is considering filing an 11 injunction to stop Recomp. Whatcom County should not let Ferndale do this by 12 themselves. Over a year ago, Ferndale hired a consultant to evaluate the odors, 13 and make recommendations on what to do. Recomp hasn't done any of the 14 recommendations. She questioned why the County Health Department didn't hire a 15 consultant. Ferndale has done more than its share, and the County should consider 16 going in on the injunction. Many of the residents who testified live outside the city. 17 18 Hoag stated that included in a letter from one of the residents was mention 19 of a fan that screeches. Both the stench and the noise from the fan are violations 20 of the nuisance laws, which the State has and that the County has adopted. The 21 County should do something about this. They are not. NWAPA has jurisdiction to 22 do something about the stench, but not about the noise. 23 24 Brenner stated the only thing that NWAPA can do is issue fines. NWAPA has 25 issued many fines. That hasn't stopped or slowed down the stench. 26 27 Nelson questioned whether the administration has a representative to attend 28 the meeting. Desler stated he would send someone. 29 30 Brenner stated she met with Mr. McEachran and asked him if he would be 31 willing to speak to the Ferndale city attorney. Mr. McEachran stated he would be 32 willing to speak with their attorney. The fan screeches 24 hours per day. The 33 residential area was there first. They are being woken up at 2 a.m. and cannot get 34 back to sleep. They can't have their windows open. 35 36 Crawford stated he heard someone was concerned that there would be a 37 quorum of the Council. 38 39 Brenner stated there will be a quorum of the committee. It has been 40 advertised. Even if it was a quorum of the Council, it would be allowed if they 41 advertised it. 42 43 Crawford stated he was concerned that there would be a quorum of the 44 Council that would take official action. 45 46 Brenner stated that can't happen unless they are designated to take official 47 action. This is only the committee. The committee can only make 48 recommendations. 49 Regular County Council, 11/13/2001, Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ADJOURN The meeting adjourned at 9:45 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on November 27 , 2001. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, Council Chair Regular County Council, 11/13/2001, Page 30