HomeMy WebLinkAboutCouncil January 13 20151 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 January 13, 2015
5
6 CALL TO ORDER
7
8 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14 (7:02:22 PM)
15
16 Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
17 Kremen, Rud Browne and Barry Buchanan.
18 Absent: None.
19
20
21 FLAG SALUTE
22
23
24 ANNOUNCEMENTS
25
26 Weimer announced there was discussion of training proposal: Effective
27 Meetings for Focus and Productivity (AB2015 -018) and the annual reorganization
28 of the Whatcom County Council (AB2015 -021) during the Council's Committee of the
29 Whole meeting.
30
31 PUBLIC HEARINGS
ON
33 ORDINANCE APPROVING A REZONE REQUEST FOR FIVE ACRES AT THE
34 INTERSECTION OF SLATER ROAD AND ELDER ROAD FROM NEIGHBORHOOD
35 COMMERCIAL (NC) TO RURAL GENERAL COMMERCIAL (RGC) (AB2014 -331)
36 (7:05:34 PM)
37
38 Gary Davis, Planning and Development Services Department, gave a staff report.
39 There is no formal recommendation from the Planning Commission. The ordinance requires
40 a concomitant agreement. Clarify in the concomitant agreement the number of cars
41 allowed.
42
43 Weimer opened the public hearing, and the following people spoke:
44
45 Jon Sitkin, attorney representing the applicant, stated the site now has a conditional
46 use permit for commercial storage. The storage buildings can be developed in phases in
47 other areas on the site. This proposal limits the used car lot area. The only neighbor who
48 appeared at any of the hearings, Mr. Daugart, was concerned about ingress and egress from
49 and onto Slater Road and Elder Road. He met with the applicant to work out the site plan,
50 and then signed the sight plan in agreement. He described the site plan. He and the
51 neighbor did not discuss the number of cars allowed. The applicant hopes the Council will
52 approve 30 to 40 cars in the lot.
Whatcom County Council, 1/13/2015, Page 1
1
2 The concomitant agreement retains the existing zoning and only allows the additional
3 uses prescribed. It also includes detailed steps the owner would have to take to implement
4 the used car lot. The Council would have the right to rescind if they aren't in compliance.
5 This use is consistent with the underlying zoning and Comprehensive Plan policies.
6
7 Dave Onkles stated there were only six Planning Commissioners at the original
8 hearing. The motion to recommend failed 3 -3, and a motion not to recommend failed 3 -3.
9 The commissioners who were opposed let their opinions about the applicant and the type of
10 business sway their arguments. As a matter of law, it seems that this relatively unobtrusive
11 additional business, compared to traffic, noise, and lights associated with the mini -store
12 business, is a good use for the location. He is in favor of the rezone.
13
14 Hearing no one else, Weimer closed the public hearing.
15
16 Mann moved to adopt the ordinance and approve the substitute concomitant
17 agreement. He's concerned because the site plan allows only 30 cars. He asked how many
18 cars can be parked in the space designed for car sales. Sitkin stated approximately 30 cars
19 can be parked in that area. Only the site plan is attached to the concomitant agreement.
20
21 Kremen stated going from 30 cars to 40 cars is a 33 percent increase. Because of
22 the nature of the area, the scale should be minimal. He suggested that they specify in the
23 concomitant agreement that the number of cars does not exceed 35.
24
25 Mann stated at first he did not want to legitimize a use after the fact through a
26 rezone. However, he won't adhere to a principle that may not be relevant. This is a very
27 small change in use. The neighbors, applicant, and owners have worked hard to answer all
28 their questions and provide information to the councilmembers. There is good recourse if
29 there is a violation of the concomitant agreement. He will vote for the ordinance and
30 agreement.
31
32 Brenner stated she was not going to support it because she didn't want to give
33 anyone the impression that all they have to do is ask for forgiveness, but she is very
34 impressed with how far the applicant has gone. The person who was most opposed to the
35 rezone worked it out with the applicant. She doesn't encourage anyone to ever do this
36 again. However, she appreciates what happened. It's been handled appropriately. This is
37 an exception to the rule. She supports the motion to adopt.
38
39 Mann moved to amend the substitute concomitant agreement to specify that 35
40 cars are allowed, not 40 cars.
41
42 The motion to amend the substitute concomitant agreement carried by the following
43 vote:
44 Ayes: Brenner, Mann, Crawford, Buchanan, Weimer and Kremen (6)
45 Nays: None (0)
46 Abstains: Browne (1)
47
48 The motion to adopt the ordinance and approve the substitute concomitant
49 agreement carried by the following vote:
50 Ayes: Brenner, Mann, Crawford, Buchanan, Weimer and Kremen (6)
51 Nays: None (0)
52 Abstains: Browne (1)
53
Whatcom County Council, 1/13/2015, Page 2
Kremen asked Councilmember Browne to divulge why he abstained from the vote.
Browne stated his family and the Boulos family have had a close connection for quite
a while, and it's appropriate to recuse himself from the decision.
Kremen stated it's good public policy for an elected official to divulge the reason for
abstaining from a vote, so the public knows why their elected representative doesn't vote.
OPEN SESSION
The following people spoke:
• Steve Harris, Whatcom County Deputy Sheriff's Guild President, spoke about
the recent trend of attacks against law enforcement officers and cutting the
number of Sheriff deputies in the County 2015 -2016 budget, and the Guild's
choice of Councilmember Brenner to receive an award as 2014 Legislator of
the Year.
• Cynthia Sue Ripke - Kutsagoitz submitted information (on file) and spoke about
the ill effects of tetrahydrocannabinol (THC).
• Greg Brown spoke about the proposed ordinance regarding the mineral
resource lands designation process and criteria (AB2014 -344), the proposed
ordinance to designate the Director of Whatcom County Public Works as the
Administrator of the Western Washington Phase II Municipal Stormwater
Permit (AB2015 -036), the contract between Whatcom County and Foster
Pepper, PLLC to provide legal services related to the total maximum daily load
(TMDL) (AB2015 -037), and the Planning Commission appointments (AB2015-
035).
• Gary Honcoop spoke about the Planning Commission appointments (AB2015-
035).
• Dave Onkles submitted and read from a handout (on file) and spoke about
Planning Commission appointments (AB2015 -035).
• John Heystek spoke about appointments to the Flood Control Zone District
Advisory Committee (AB2015- 035A).
• Karen Brown submitted and read from a handout (on file) and spoke about
the Planning Commission appointments (AB2015 -035).
• Carol Perry spoke about the Planning Commission appointments (AB2015-
035).
• Christina Maginnis spoke about the Planning Commission appointments
(AB2015 -035).
OTHER ITEMS
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FOSTER PEPPER, PLLC TO
PROVIDE LEGAL SERVICES RELATED TO THE LAKE WHATCOM PHOSPHORUS
AND BACTERIAL TMDL, IN THE AMOUNT OF $50,000 (AB2015 -037) (7:46 :24
PM)
Brenner moved to approve the request.
Whatcom County Council, 1/13/2015, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
6 CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON DEPARTMENT
7 OF HEALTH FOR PUBLIC HEALTH PROGRAMS PROVIDED BY THE HEALTH
8 DEPARTMENT, IN THE AMOUNT OF $1,061,946 (AB2015 -038) (7:46 :53 PM)
9
10 Buchanan moved to approve the request.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
14 Nays: None (0)
15
16 3. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
17 VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES (AB2015 -035)
18 (7 :47 :23 PM)
19
20 Board of Equalization
21
22 Browne moved to nominate and appoint Sonya Merk.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
26 Nays: None (0)
27
28 Whatcom Community Network
29
30 Browne moved to nominate and appoint Candace Wilson.
31
32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
34 Nays: None (0)
35
36 Lummi Island Ferry Advisory Committee
37
38 Browne moved to nominate and appoint Kelvin Barton, Charles Antholt, and Cris
39 Colburn.
40
41 Brenner stated she's been to most of the meetings. Mr. Colburn has done an
42 exceptional job. Mr. Barton is a great person who would add to the committee, but it takes
43 more than one term for someone to understand the issues, so she supports the incumbent.
44 She hopes Mr. Barton will apply again in the future.
45
46 Mann stated he thanks everyone who applied to all the board and commission
47 vacancies. There are still a lot of vacancies. For this committee, the incumbent is highly
48 qualified and has done a great job. The other applicant is also incredible and very qualified.
49 In this instance, they have two outstanding applicants for one position. He encourages
50 people to keep applying for other boards and commission vacancies.
51
52
Whatcom County Council, 1/13/2015, Page 4
1 The motion to appoint Cris Colburn to the non - island resident /property owner
2 position carried by the following vote:
3 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
4 Nays: None (0)
5
6 The motion to nominate and appoint Charles Antholt to a resident position carried by
7 the following vote:
8 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
9 Nays: None (0)
10
11 Whatcom County Noxious Weed Board
12
13 Browne moved to nominate and appoint L. Alan Yoder.
14
15 The motion carried by the following vote:
16 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
17 Nays: None (0)
18
19 Planning Commission
20
21 Mann moved to extend the application deadline to 10:00 a.m. on January 20 and
22 move the appointment to the Council meeting on January 27. He was not able to talk to
23 one of the applicants.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
27 Nays: None (0)
28
29 Portage Bay Shellfish Protection District Advisory Committee
30
31 Browne moved to appoint Wendy Scherrer.
32
33 The motion carried by the following vote:
34 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
35 Nays: None (0)
36
37 Solid Waste Advisory Committee:
38
39 Brenner moved to appoint Mark Peterson to the Public Interest Group position and
40 Martin Kuljis, Jr. to the Waste Recycling Industry position. They are both incumbents, and
41 are doing a great job.
42
43 The motion carried by the following vote:
44 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
45 Nays: None (0)
46
47
48 Surface Mining Advisory Committee
49
50 Crawford moved to nominate and appoint all six incumbent applicants to their
51 respective positions: Steve Cowden, Brad Davis, Leslie Dempsey, Dan McShane, Scott E.
52 Hulse, and Christopher Secrist.
53
Whatcom County Council, 1/13/2015, Page 5
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
3 Nays: None (0)
4
5 3. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY
6 FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE AND THE BIRCH
7 BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM)
8 ADVISORY COMMITTEES (AB2015 -035A) (8:04:15 PM)
9
10 (Council acting as the Whatcom County Flood Control Zone District Board of
11 Supervisors.)
12
13 Flood Control Zone District Advisory Committee - Geographic Areas
14
15 Browne nominated all applicants.
16
17 Brenner stated she supports the two incumbents. Also, Mr. Hulse was just
18 appointed to the Surface Mining Advisory Committee,
19
20 Weimer stated it would be good to have someone from the Birch Bay Watershed
21 and Aquatic Resources Management (BBWARM) Advisory Committee, such as Mr. Hulse,
22 because BBWARM is a sub - district of the countywide advisory committee, and no one on
23 BBWARM has ever been represented on the countywide advisory committee.
24
25 The Board of Supervisors appointed John Appel, Jeff DeJong, and John Heystek.
26 See attached vote tally.
27
28 Flood Control Zone District Advisory Committee - Special Districts
29
30 Crawford nominated Ron Bronsema, Harry Williams, and Scott Hulse.
31
32 The Board of Supervisors appointed Ron Bronsema and Scott Hulse. See attached
33 vote tally.
34
35 Flood Control Zone District Advisory Committee - Impacted Cities
36
37 - AND -
38
39 Flood Control Zone District Advisory Committee - Alternate
40
41 Crawford moved to appoint Robert Bromley and John Perry to the Impacted Cities
42 positions and Michael Schoneveld to the alternate position.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
46 Nays: None (0)
47
48 Birch Bay Watershed and Aquatic_ Resources_ Management (BBWARM) Advisory Committee
49
50 Brenner moved to appoint all applicants.
51
52 Weimer stated Mr. Winterfeld is an incumbent, and has been doing a great job.
53
Whatcom County Council, 1/13/2015, Page 6
1 Brenner stated Mr. Alesse attends almost all the meetings. She hopes he is
2 appointed.
3
4 The Board of Supervisors appointed Peter Winterfeld and Patrick Alesse. See
5 attached vote tally.
6
7 5. CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENTS TO FILL
8 VACANCIES ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES
9 (AB2015 -039)
10
11 Crawford moved to confirm the appointments.
12
13 The motion carried by the following vote:
14 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
15 Nays: None (0)
16
17
18 INTRODUCTION ITEMS
19
20 (8:05:44 PM)
21
22 Crawford moved to accept the Introduction Items.
23
24 (Clerk's Note: The Council discussed Introduction Item 3, below.)
25
26 Browne moved to amend Exhibit A, item 15, °15. MRL Designatien A condition of
27 any mineral extraction permit within forestry zones shall include the condition that ean be
28 no greater than 20 acres can be mined within the permitted area at any one time.
29 Additional areas can may only be added efrly after an equal amount of previously mined
30 areas are acreage has been returned to sustainable productive forest resource condition-afrd
31 the tetal MRL Designation rengains ne Fnere than 20 ae ." The original language would
32 require a person to seek a mineral resource lands (MRL) designation, seek a permit, do the
33 process, and then start the entire process all over again, which is very time consuming and
34 inefficient.
35
36 Crawford stated he is against the motion. Staff indicated that a portion of an area
37 developed as a road can't be restored, because it must be used as access as they work
38 across the site, so the acreage to be restored is always a certain percentage less than the
39 original acreage.
40
41 Browne stated he has a problem with the language because it specifies the mineral
42 resource lands designation, not the area permitted to mine. Those are two separate things.
43 They've been talking about wide areas of MRL designation. His proposal doesn't require the
44 entire 20 acres to be reclaimed. To expand ten acres, then ten acres of land would first
45 have to be reclaimed.
46
47 Weimer stated the language is much clearer on the issue of MRL designation versus
48 the actual mining permit.
49
50 Kremen stated this doesn't need to be done now. It could be done later in the
51 process. However, if the Council accepts the change, he suggests removing the first three
52 words, "A condition of."
53
Whatcom County Council, 1/13/2015, Page 7
1 Mark Personius, Planning and Development Services Department, stated this section
2 is in the section of the code about designation criteria, not about permitting. It's talking
3 about the zoning overlay. The Council can refer the language to the Surface Mining
4 Advisory Committee (SMAC) and staff to address Councilmember Browne's concerns.
5
6 Brenner stated the concern should go to the Advisory Committee and staff. She
7 prefers to start with the ordinance as it is.
8
9 Browne withdrew the amendment and asked that the Surface Mining Advisory
10 Committee and staff look into alternatives to the designation criteria. Personius stated it is
11 a valid concern and a good question. They will look at what other counties have done to
12 change the designation criteria. They will also do geographic information system (GIS)
13 analysis by applying the existing criteria to the new map of the potential resource areas to
14 see what's left over for potential designation after they go through all the criteria. These
15 criteria specifically apply to designations within the forestry zone, so it's a particular concern
16 in forestry lands.
17
18 The motion to accept the Introduction Items carried by the following vote:
19 Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
20 Nays: None (0)
21
22 1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, FIRST
23 REQUEST, IN THE AMOUNT OF $868,662 (AB2015 -040)
24
25 2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO PROPERLY
26 DESIGNATE THE DIRECTOR OF WHATCOM COUNTY PUBLIC WORKS AS THE
27 ADMINISTRATOR OF THE WESTERN WASHINGTON PHASE II MUNICIPAL
28 STORMWATER PERMIT (AB2015 -036)
29
30 3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE
31 COMPREHENSIVE PLAN REGARDING SURFACE MINE PERMITTING, THE
32 MINERAL RESOURCE LANDS DESIGNATION PROCESS, AND MINERAL
33 RESOURCE LANDS DESIGNATION CRITERIA (AB2014 -344)
34
35 (Clerk's Note: See above for discussion of this item.)
36
37
38 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
39
40 (8:16 :16 PM)
41
42 Brenner reported that Planning and Development Director Sam Ryan was chosen
43 Citizen of the Year by the Whatcom County Association of Realtors. She is an amazing
44 person who can solve all kinds of issues with constituents. The County is lucky to have her.
45 She appreciates Ms. Ryan's work.
46
47 Kremen stated he was able to convince Ms. Ryan to become the Director when he
48 was County Executive. She has done a stellar job. Ms. Ryan is positive and has a good
49 attitude.
50
51 Browne reported on the mineral resource land (MRL) study. The Council wants
52 additional questions addressed. The Council needs to make a request of the Executive.
53 Also, the County shifted to a project -based budget. The Council was going to ensure that
Whatcom County Council, 1/13/2015, Page 8
1 they maintain a degree of transparency over those expenditures. They need to put that on
2 the agenda.
3
4 Brenner stated she's already planned an item for the next agenda.
5
6 Weimer reported he attended the first meeting of the Charter Review Commission
7 last night. Citizens with ideas on how County government can be changed through the
8 Charter should contact the Commission.
9
10 Crawford asked if his suggestion about reviewing the mineral resource overlay
11 differently, especially reviewing the process of other counties, has to go to the Surface
12 Mining Advisory Committee. He asked if staff needs Council direction now or after the
13 Council votes on the new addition of environmental review during the MRL designation
14 process. They are only a year away from the 2016 Comprehensive Plan update.
15
16 Mark Personius, Planning and Development Services Department, stated that
17 proposal is not on the staff work program. They went through an update of the element,
18 including the designation criteria, with the Advisory Committee, which will be released in
19 February. Planning Commission consideration will begin in March. He welcomes guidance
20 from the Council on how to proceed with changing the designation process and the supply
21 and demand issues. Staff can re- engage with the community, but it may not be done in
22 time for the 2016 update.
23
24 Weimer stated there seemed to be unanimous discussion of moving in that direction.
25 He doesn't know how much work it would be to put the different overlays on a map to see
26 what's left, once it's done. Have another discussion in the Natural Resources Committee
27 soon to provide more specific direction. Personius stated he will talk with staff about the
28 level of effort required.
29
30 Brenner stated this ordinance is an interim ordinance until that's done. People are
31 submitting applications now, and it will take a while to get those comprehensive plan
32 amendments. There is no clear understanding of the process. The County must determine
33 the best places for the MRL overlay.
34
35 Weimer stated the ordinance introduced tonight is not an interim ordinance. It's an
36 actual change to the Comprehensive Plan. However, as they look at the bigger picture, it
37 might change.
38
39 Crawford stated designating an area should be determined by the location of gravel
40 resources and whether or not the gravel should be extracted. Then have a robust
41 permitting process to let applicants come forward in those designated areas, look at all the
42 impacts, including environmental impacts, and go from there.
43
44 Browne stated he would like the Surface Mining Advisory Committee and staff to look
45 at the capacity to provide gravel under the existing designations, based on a couple of
46 different models for consumption, a question is the impact from Canadian consumption.
47 The City of Surrey is the fastest growing city in Canada. That could impact local reserves.
48 Get studies from the lower mainland to get a sense of what they plan for their resources,
49 and whether that would influence the local resources.
50
51 Brenner stated she would like to know how much resource has been imported and
52 exported since 2004.
53
Whatcom County Council, 1/13/2015, Page 9
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Weimer stated the paperwork doesn't require companies to report that information.
ADJOURN
The meeting adjourned at 8:27 p.m.
The Council approved these minutes on March 3, 2015.
WT *6
-0ana Bro sn� rFf t- -duncff Clerk
• ,
. SF1IN
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 1/13/2015, Page 10