HomeMy WebLinkAboutSpecial Committee of the Whole Open Session December 6 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
53
WHATCOM COUNTY COUNCIL
Special Committee of the Whole
December 6, 2016
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 1:50 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.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -052 (LEVY OF TAXES FOR
COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR
THE YEAR OF 2017) (AB2016 -343)
Jack Louws, County Executive, referenced his reasons for vetoing the ordinance as
stated in his veto statement. He is not philosophically opposed to increases when
necessary. However, Council's expenditure increases are more than its revenue increases.
He answered questions about the amount the Council budgeted for legal counsel regarding
its options for limiting fossil fuel exports.
Councilmembers discussed the Executive's veto statement that indicated increasing
the tax levy by one percent is connected to the budget expenditure for outside legal counsel
regarding the County's options for limiting fossil fuel exports; budget reductions that
councilmembers proposed, but did not approve, and; the Council and Executive working
cooperatively rather than sending messages through the media.
Mann moved to eliminate the budget requests for a facilities manager in two
additional services requests (ASRs), the manager assistant as described in two ASRs, and
evaluation of the financial software system as shown in one ASR, for a total of five ASRs,
and to create a dedicated fund for the money saved by the emergency medical services
(EMS) levy. He restated his motion to remove those five ASR's from the budget and
forego the one percent increase.
The motion was seconded.
Councilmembers discussed the process for overriding the veto and rewriting the
ordinance to indicate that the tax raise is to pay for necessary projects and services.
Karen Frakes, Prosecutor's Office, answered questions on how to move forward with
making amendments and whether they need another public hearing.
Special Committee of the Whole - Open Session, 12/6/2016, Page 1
1 Mann withdrew his motion.
2
3 Weimer moved to recommend that the full Council override the veto of Ordinance
4 2016 -052.
5
6 The motion was seconded.
7
8 Councilmembers continued to discuss attaching a statement to the veto override
9 vote, whether or not they should approve a budget with a deficit, whether surplus funds as
10 a result of the EMS levy passage should be absorbed into the general fund or earmarked for
11 specific services, and the process for overriding the veto.
12
13 Dana Brown - Davis, Clerk of the Council, stated the options are to override the veto
14 or rescind the ordinance adopted on Nov. 22, and the budget will again be before the
15 Council. If there are substantive changes not previously discussed, a new ordinance would
16 have to be reintroduced and a public hearing held.
17
18 Councilmembers discussed the impact if they don't adopt the ordinance by the end
19 of the year and the process for overriding vetoes and amending ordinances.
20
21 The motion failed by the following vote:
22 Ayes: Weimer (1)
23 Nays: Donovan, Sidhu, Browne, Buchanan, Brenner and Mann (6)
24
25 2. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
26 COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -053 (FINAL BUDGET OF
27 WHATCOM COUNTY FOR THE BIENNIUM 2017 -2018) (AB2016 -198C)
28
29 (Clerk's Note: See the previous agenda item for discussion of this item.)
30
31 Mann moved to recommend that the full Council override the veto of Ordinance
32 2016 -053.
33
34 The motion was seconded.
35
36 The motion failed by the following vote:
37 Ayes: None (0)
38 Nays: Weimer, Donovan, Sidhu, Browne, Buchanan, Brenner and Mann (7)
39
40 Mann moved to recommend to the full Council that the Council rescind its vote for
41 Ordinance 2016 -053.
42
43 The motion was seconded.
44
45 The motion carried by the following vote:
46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
47 Nays: None (0)
48
49 1. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
50 COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -052 (LEVY OF TAXES FOR
51 COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR
52 THE YEAR OF 2017) (AB2016 -343)
53
Special Committee of the Whole - Open Session, 12/6/2016, Page 2
Donovan moved to recommend that the Council rescind its vote to adopt Ordinance
2016 -052.
The motion was seconded.
The motion carried by the following vote:
Ayes: Browne, Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Mann moved to recommend to the full Council that they adopt the levy that does
not include the one percent tax increase.
The motion was seconded.
Councilmembers discussed the deficit in the proposed budget and the impact to
revenue from fewer building permits and lower property values due to the Supreme Court's
Hirst decision.
The motion carried by the following vote:
Ayes: Browne, Brenner, Mann, Sidhu, and Buchanan (5)
Nays: Weimer and Donovan (2)
2. DISCUSSION AND FORMULATION OF RECOMMENDATION RELATED TO THE
COUNTY EXECUTIVE'S VETO OF ORDINANCE 2016 -053 (FINAL BUDGET OF
WHATCOM COUNTY FOR THE BIENNIUM 2017 -2018) (AB2016 -198C)
Mann moved to recommend that the Council not approve additional services
requests (ASRs) 5596, 5624, 5516, 5627, and 5588, for a total savings of $383,067.
The motion was seconded.
Councilmembers discussed the correct amounts approved in the ASRs, whether the
costs of the additional facilities management positions would be made up through project
savings, whether the existing staff can take on the additional responsibilities of all the
pending capital projects, and the cost of needed infrastructure and capital projects.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan (4)
Nays: Weimer, Browne, Donovan (3)
Councilmembers discussed the process for making amendments to the budget.
SPECIAL PRESENTATION AND DISCUSSION
1. SPECIAL PRESENTATION AND COMMITTEE DISCUSSION OF A PROPOSED
ORDINANCE ADOPTING INTERIM AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 15
BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND
DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE RELATING TO
WATER RESOURCES, AND RESCINDING ORDINANCE 2016 -048 (AB2016-
309A)
Special Committee of the Whole - Open Session, 12/6/2016, Page 3
1 Gary Davis, Planning and Development Services Department, submitted and read
2 from a presentation (on file) beginning with the Supreme Court decision, which indicated
3 that relying on the State Department of Ecology's measures to protect water resources does
4 not in itself protect water resources sufficient for Growth Management Act (GMA)
5 requirements.
6
7 Gary Stoyka, Public Works Department, continued the presentation with the Ecology
8 Map of the water resources inventory area instream flow protection status. The Instream
9 Resource Protection Program, known commonly as the Nooksack rule, covers water
10 resource inventory area (WRIA) 1.
11
12 Davis continued the presentation with the next group of slides on the Supreme Court
13 decision and the proposed amendments and next steps.
14
15 Stoyka concluded the presentation on the legal constraints. The one molecule rule
16 means that the law treats the water right for instream flow as the right to all the water in
17 the river. Not even a single molecule can be impaired. People have to look at how the
18 entire aquifer impacts instream flow, not just the aquifer under their property, despite how
19 much clay there may be.
20
21 Davis and Stoyka answered questions about a well taking groundwater that never
22 makes it into the instream flows, the definition of non - beneficial uses, why rain catchments
23 are problems, why small accessory dwelling units are treated differently than a home
24 expansion, where water banks work in other jurisdictions, whether they could approve a
25 well on the basis of an emergency, the difference between not having enough water and not
26 having the legal framework to allow creative water sources, using surplus water as a
27 mitigation strategy, transferring some of the excess water from the Public Utility District
28 (PUD) water right to the County to account for and allow exempt wells, vesting, issuing
29 permits with a condition on whether the well is hydrologically connected, and whether they
30 could allow a homeowner to truck in water.
31
32 Linda Twitchell, Building Industry Association, stated the Nooksack and other
33 instream flows were set as averages. She asked how to make county policies, given the
34 definition of instream flows, which means they can't meet the minimum flow for half of the
35 year. They may find that they can't meet instream flows because of its definition.
36
37 Councilmembers discussed the proposed resolution from Councilmember Mann and
38 the proposed letter to the legislators from Councilmember Browne.
39
40 Mann stated he will amend the resolution, which can reference the letter.
41
42 Tyler Schroeder, Executive's Office, stated the administration supports the
43 resolution.
44
45 Buchanan stated Councilmembers Browne and Mann will prepare a draft resolution
46 and a draft letter.
47
48 Mark Personius, Planning and Development Services Department, answered
49 questions about how long it will take to get information on the number of outstanding
50 permits affected by the Hirst decision and the process for amending the interim ordinance.
51
52
53
Special Committee of the Whole - Open Session, 12/6/2016, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
COMMITTEE DISCUSSION COUNCIL COMMITTEE ROOM
1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING PENDING LITIGATION, HIRST ET AL V. WHATCOM COUNTY,
GMHB CASE NO. 12 -2 -0013 (AB2016 -018)
This item was not discussed.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:55 p.m.
The Council approved these minutes on February 7, 2017.
`L����i.4V Vl i llf /lffl/Y
A I- I'EST j Go (J f1! lrlr/
Dana Browny :Dd'vy , (�dVncil Clerk
S H 1 ��'i' ` .•
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barr c anan, uncil Chair
Special Committee of the Whole - Open Session, 12/6/2016, Page 5