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HomeMy WebLinkAboutCounty Council May 17 20161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Regular County Council Meeting May 17, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. FLAG SALUTE ANNOUNCEMENTS MINUTES CONSENT Brenner moved to approve Minutes Consent items one through five. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Absent: Mann (out of the room) (1) 1. REGULAR COUNTY COUNCIL FOR APRIL 5, 2016 2. SPECIAL COMMITTEE OF THE WHOLE (AM) FOR APRIL 19, 2016 3. SPECIAL COMMITTEE OF THE WHOLE (PM) FOR APRIL 19, 2016 4. REGULAR COUNTY COUNCIL FOR APRIL 19, 2016 S. REGULAR COUNTY COUNCIL FOR MAY 3, 2016 PUBLIC HEARINGS 1. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 3, HOUSING (AB2016 -047C) Regular County Council Meeting, 5/17/2016, Page 1 1 Buchanan opened the public hearing, and the following people spoke: 2 3 Linda Twitchell, Building Industry Association, stated there is a serious housing 4 problem and they need flexibility and a variety of housing forms. Expand the Bellingham 5 urban growth area (UGA) to deal with the problems, but the Chapter is headed in the right 6 direction. 7 8 Ann Russell stated make a countywide, comprehensive effort to address the 9 affordable housing problem. There is a gap between wages and housing prices, which can't 10 be fixed by zoning, housing supply, or land supply. Think about how to solve these 11 problems in the context of Chapter 3. 12 13 Matt Petryni, Resources for Sustainable Communities, stated they need to address 14 the problem of affordable housing. Intentionally invest in and subsidize affordable housing. 15 A supply -based solution doesn't work. The staff's original draft of the Chapter included such 16 solutions. 17 18 Roger Almskaar submitted a handout (on fi /e) and stated the law of supply and 19 demand does work. There is a problem with over - regulation, which is the cause of most 20 housing problems. It's not legal to ask new developers to pay for existing deficiencies or 21 require them to participate in the transfer of development rights program. 22 23 Patrick Alesse stated pay attention to the cost of delivering services in the rural 24 areas. The costs are higher, and the service is less. The higher cost of services to rural 25 areas is already subsidized. 26 27 Kris Halterman stated the Council must define the difference between affordable 28 housing and subsidized housing. They are not the same. Don't shift the tax burden to 29 others. 30 31 Bill Angel stated address climate mitigation and adaptation. Allow future expansion 32 of climate mitigation options. Rules and regulations for building should allow alternative 33 energy and conservation. 34 35 Robin Dexter stated they must consider the cost and tax shift from housing in 36 inappropriate areas when it disturbs the natural services. Some people benefit economically 37 from using resources on which they all depend. 38 39 David Bernstein stated he is concerned about the housing crisis in Birch Bay. 40 41 Sandy Robson stated keep in mind that statistics can be presented to promote a 42 particular position. 43 44 Wendy Harris stated people have a right to be free from nuisance. People don't have 45 an absolute right to do whatever they want with their property, regardless of the impact to 46 others, particularly regarding air quality. Consider having a ban on recreational burning, 47 especially in areas where people live closer together. 48 49 Hearing no one else, Buchanan closed the hearing. 50 51 Regular County Council Meeting, 5/17/2016, Page 2 2. WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 11, ENVIRONMENT (AB2016 -047K) Buchanan opened the public hearing, and the following people spoke: Dena Jensen stated the Environment Chapter must be the first chapter, not the last chapter, in the plan. She opposes fracking. Strengthen stormwater management strategies to control runoff in sensitive areas. Approve the proposed policy regarding instream flow rules. Restore the original staff recommendation to develop and implement an action plan to record water use by 2025. Pam Borso stated include language about comprehensive flood hazard planning. Discourage new development in a river migration zone. Use accurate and relevant data for water quality and water quantity issues. She supports comments from Resources on the Lake Whatcom watershed. Require landowners to protect water quality. Meet instream flow rules. Institute countywide water metering of all users. Judith Akins stated protect and restore water resources. Develop a policy for countywide water quantification. Christine Hansen submitted her comments (on file) and stated include policies that ensure there will be enough clean water for fish, farms, and people well into the future. Don't permit fracking. Save the salmon, which are threatened by poor water quality and low river levels. Achieve a harvestable surplus of salmon. Follow the Nooksack River instream flow requirements. Karlee Deatherage, ReSources for Sustainable Communities, stated proactively manage water resources by working with the State. She supports the changes proposed by ReSources. Quantify water use throughout the county. Bob Seaman described recent work done in the Ten Mile watershed. There are septic system failures in the area. People are learning how to do self- inspections, but several re- inspections show failures. Stay vigilant about water quality in the county. They need more help with outreach. Brian Carey stated protect water resources. Restrict further development or urban growth area (UGA) expansion in the Lake Whatcom watershed. Also, support funding plans for the 2008 Lake Whatcom Comprehensive Stormwater Plan. Reduce or eliminate stormwater runoff to protect stream and river quality. Meter water use countywide by 2025. Bob Aegerter submitted and read from his comments (on file) and stated eliminate polluted runoff, support salmon recovery, and quantify water use. Blanche Bybee stated quantify water use in Whatcom County. Ann Russell, ReSources, stated the County must protect the environment and enhance quality of life. She referenced a letter from ReSources dated May 12, 2016 regarding Lake Whatcom. They ask for a new policy to not designate any more urban growth areas in the Lake Whatcom watershed. Dillon Kilroy stated promote the development of renewable energy. Regular County Council Meeting, 5/17/2016, Page 3 1 David Jackman stated promote renewable energy. Regulations regarding wind 2 energy projects are outdated. The zoning ordinance should be reviewed and revised. 3 4 Riley O'Leary stated allow wind turbines in the agricultural sector. Wind energy has 5 many benefits. 6 7 Emily Seamons stated she supports allowing wind energy as proposed by the 8 students at Western Washington University. 9 10 Cole Rogers stated allow renewable energy, including wind power. 11 12 Julianna Fischer, Western Students for Renewable Energy, stated support renewable 13 energy policies and incentives. 14 15 Edward Ury stated support changes to respond and adapt to climate change, protect 16 water resources, and convene the climate impact advisory committee. Quantify water use 17 countywide. He supports the policy opposing fracking. 18 19 Joe Knight stated protect against willful action that damages the environment and 20 natural resources. 21 22 Roger Almskaar stated over - regulation is a big problem. Quality of life requires a 23 decent income and housing. Include the Growth Management Act (GMA) goals in the Plan. 24 Find a balance among all 14 GMA goals. Create a set of rules that are fair, clear, don't 25 conflict with other rules, and accomplish a legitimate public purpose. 26 27 Rianna Johnson stated she supports renewable energy. Climate change is the 28 biggest threat to the future. Consider the language proposed by the Students for 29 Renewable Energy. 30 31 Patrick Alesse stated he agrees with the students from Western Washington 32 University who have spoken. 33 34 Tim Douglas stated include a strategy that includes an outreach effort to create new 35 jobs. Invest economic development money in outreach. 36 37 Wendy Harris referenced goals 11L and 11M and stated they are problematic. 38 Standards for development regulations and the critical areas ordinance (CAO) should not be 39 stronger than the policy in the Comprehensive Plan. Use the right terminology and 40 language. Include language about species that are declining or have a cultural value. 41 42 Matt Petryni, ReSources for Sustainable Communities, stated he supports the 43 language proposed by the Students for Renewable Energy. 44 45 Robin Dexter stated he supports the comments in the letter from Ann Russell dated 46 May 12, 2016 and comments from Eric Hurst on Policy 113 -3. Metering water use is the 47 only way to settle water rights questions. He supports good economic policy when they 48 strictly protect the environment. 49 50 Sandy Robson stated she supports comments from Dena Jensen. Create a policy 51 about contracts that the Public Utility District (PUD) makes that use large amounts of water, 52 such as its agreement regarding the Gateway Pacific Terminal (GPT). The PUD must have a 53 transparent public process. Regular County Council Meeting, 5/17/2016, Page 4 1 2 Carol Perry stated the Public Utility District addressed the GPT contract in open 3 meetings. Predictions about changes in the climate and overpopulation have existed since 4 the 1970's, and those predictions have not come true. 5 6 Kris Halterman stated use good economic sense when creating this language. Some 7 language would prevent businesses from coming here. Solar and wind require a lot of 8 resource land to be viable. Don't create an energy source that makes it less affordable to 9 live here. 10 11 Don Nichols stated don't delay solutions until 2025, because the problems will still 12 exist. 13 14 Hearing no one else, Buchanan closed the hearing and stated the Council will 15 continue to take written testimony. 16 17 18 OPEN SESSION 19 20 The following people spoke: 21 • Wendy Harris spoke about fiscal responsibility and the cost of incentive 22 programs for businesses and farmers. 23 • Gordon Bakke spoke about property rights and recreational resource 24 management areas (RRMAs). 25 • Patrick Alesse spoke about agenda items regarding Birch Bay Community 26 Park. 27 • Kris Halterman spoke about a proposed property tax increase to pay for 28 emergency medical services (EMS) and using volunteer firefighters instead of 29 paid staff. 30 • Carole Perry spoke about the farming community participation in community 31 groups, citizen advisory groups, and other policy issues. 32 • Cliff Langley spoke about the RRMAs and the purpose of government. 33 • David Bernstein spoke about Birch Bay not receiving government services 34 proportionate to the amount of taxes collected in the area. 35 36 37 CONSENT AGENDA 38 39 Browne reported for the Finance and Administrative Services Committee and 40 moved to approve Consent Agenda Items one through five. 41 42 The motion carried by the following vote: 43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 44 Nays: None (0) 45 46 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 47 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST 48 REGIONAL COUNCIL TO PROVIDE NURSING SERVICES TO OFFENDERS AT 49 THE DOWNTOWN JAIL AND THE WORK CENTER, IN THE AMOUNT OF 50 $85,322, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $1,214,902 51 (AB2016 -171) 52 Regular County Council Meeting, 5/17/2016, Page 5 1 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 2 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE 3 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TO OBLIGATE 4 FEDERAL EMERGENCY RELIEF CONSTRUCTION FUNDS FOR THE SOUTH PASS 5 ROAD FAILURE REPAIR, IN THE AMOUNT OF $580,000, FOR A TOTAL 6 AMENDED CONTRACT IN THE AMOUNT OF $715,200 (AB2016 -172) 7 8 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID 9 #16 -22 AND ENTER INTO A CONTRACT FOR THE CEDAR HILLS - EUCLID 10 STORMWATER IMPROVEMENTS PROJECT TO LOW BIDDER, STREMLER 11 GRAVEL, INC., IN THE AMOUNT OF $1,039,477.27 (AB2016 -146B) 12 13 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 14 CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS 15 FOR IMPLEMENTATION OF THE COMMERCIAL WASTE REDUCTION AND 16 RECYCLING EDUCATION PROGRAM, IN THE AMOUNT OF $35,000 (AB2016- 17 173) 18 19 S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A 20 CONTRACT BETWEEN WHATCOM COUNTY AND NURSE - FAMILY 21 PARTNERSHIP TO PROVIDE TRAINING AND IMPLEMENTATION SUPPORT TO 22 ENSURE THAT WHATCOM COUNTY'S IMPLEMENTATION OF NURSE - FAMILY 23 PARTNERSHIP MAINTAINS MODEL FIDELITY AND DELIVERS PROGRAM 24 RESULTS AS EXPECTED, IN THE AMOUNT OF $27,461 IN 2016 AND $16,752 25 IN SUBSEQUENT YEARS (AB2016 -174) 26 27 28 OTHER ITEMS 29 30 1. RESOLUTION AUTHORIZING THE PURCHASE OF DEVELOPMENT RIGHTS 31 (PDR) PROGRAM ADMINISTRATOR TO APPLY FOR PDR EASEMENT MATCH 32 FUNDING THROUGH THE WASHINGTON STATE RECREATION 33 CONSERVATION OFFICE (AB2016 -165) 34 35 Weimer reported for the Natural Resources Committee and moved to approve the 36 resolution. 37 38 The motion carried by the following vote: 39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 40 Nays: None (0) 41 42 2. ORDINANCE AMENDING THE 2016 WHATCOM COUNTY BUDGET, NINTH 43 REQUEST, IN THE AMOUNT OF $162,263 (AB2016 -164) 44 45 Browne reported for the Finance and Administrative Services Committee and 46 moved to adopt the ordinance. 47 48 The motion carried by the following vote: 49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 50 Nays: None (0) 51 52 Regular County Council Meeting, 5/17/2016, Page 6 3. RESOLUTION APPLICATION WASHINGTON FUNDING THE WASHINGTON DEVELOPMENT (AB2016 -168) AUTHORIZING THE COUNTY EXECUTIVE TO MAKE AND ENTER INTO A GRANT AGREEMENT WITH THE STATE RECREATION AND CONSERVATION OFFICE FOR LOUGH THE k-AND AND n TE° CONSERVATION FUNS WILDLIFE AND RECREATION PROGRAM FOR TRAIL AT SOUTH FORK PARK, IN THE AMOUNT OF $209,000 Browne reported for the Finance and Administrative Services Committee and moved to approve the substitute resolution. The motion was seconded. Mike McFarlane, Parks and Recreation Department Director, gave a staff report and answered questions about using the real estate excise tax (BEET) fund and other funding sources, plans for the use of the park, an easement with the Department of Natural Resources (DNR), and how well the park will be maintained. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) 4. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO MAKE APPLICATION AND ENTER INTO A GRANT AGREEMENT WITH THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR FUNDING THROUGH THE AQUATIC LANDS ENHANCEMENT ACCOUNT FOR THE ACQUISITION OF THE BIRCH BAY COMMUNITY PARK PROPERTY, IN THE AMOUNT OF $615,884 (AB2016 -169) Browne reported for the Finance and Administrative Services Committee and moved to approve the resolution. Mike McFarlane, Parks and Recreation Department Director, answered questions about program funding, whether the community still supports development of the parking lot, and whether another parcel was sold at auction. Tyler Schroeder, Executive's Office, stated he will look into the auction process and report to Council. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) S. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO MAKE APPLICATION AND ENTER INTO A GRANT AGREEMENT WITH THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR FUNDING THROUGH THE WASHINGTON WILDLIFE AND RECREATION PROGRAM FOR THE ACQUISITION OF THE BIRCH BAY COMMUNITY PARK PROPERTY, IN THE AMOUNT OF $615,884 (AB2016 -170) Browne reported for the Finance and Administrative Services Committee and moved to approve the resolution. Regular County Council Meeting, 5/17/2016, Page 7 1 The motion carried by the following vote: 2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 3 Nays: None (0) 4 5 6 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES 7 8 Browne reported for the Finance and Administrative Services committee and 9 moved to send a letter of thanks to all the jurisdictions, including the Sheriff's Office, who 10 participated in providing public safety during the recent Donald Trump rally in Lynden. 11 12 The motion was seconded. 13 14 The motion carried by the following vote: 15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 16 Nays: None (0) 17 18 19 EXECUTIVE APPOINTMENTS TO BOARDS�COMMISSIONS, AND COMMITTEES 20 21 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF 22 ASHTON BEANBLOSSOM TO THE AGRICULTURAL ADVISORY COMMITTEE 23 (AB2016 -176) 24 25 Mann moved to confirm the appointment. The motion was seconded. 26 27 The motion carried by the following vote: 28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 29 Nays: None (0) 30 31 32 INTRODUCTION ITEMS 33 34 1. ORDINANCE PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF 35 WHATCOM COUNTY A PROPOSITION IMPOSING THE LEVY OF A REGULAR 36 PROPERTY TAX EACH YEAR FOR SIX YEARS, COLLECTION BEGINNING IN 37 2017 AT A RATE OF $.295 OR LESS PER $1000 OF ASSESSED VALUATION TO 38 CONTINUE TO PROVIDE EMERGENCY MEDICAL SERVICES, IN THE GENERAL 39 ELECTION TO BE HELD ON NOVEMBER 8, 2016 (AB2016 -167) 40 41 Mann moved to accept the substitute Introduction Item. The motion was seconded. 42 43 The motion carried by the following vote: 44 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 45 Nays: None (0) 46 47 48 COMMITTEE REPORTS OTHER ITEM'S AND COUNCILMEMBER UPDATES 49 50 Brenner reported for the Public Works, Health, and Safety Committee. 51 52 Councilmembers gave updates on recent activities and upcoming events. 53 Regular County Council Meeting, 5/17/2016, Page 8 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 ADJOURN The meeting adjourned at 9:31 p.m. The County Council approved these minutes on June 14, 2016. ytClfllllffllrl ATTEST -SO\ f • ti . � 0 Dana Brol� W7.C] W —ice o nell Clerk '•�SHINGi9' 't o► Jill Nixon, Minutes Tra scription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bar y�uchanan, Council Chair Regular County Council Meeting, 5/17/2016, Page 9