HomeMy WebLinkAboutCouncil April 8 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
April 8, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:01:22 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
Kremen, Rud Browne and Barry Buchanan,
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
SPECIAL PRESENTATION
I. COUNTY EXECUTIVE JACK LOUWS TO READ PROCLAMATION REGARDING
NATIONAL LIBRARY WEEK (AB2014 -017) (7 :03:00 PM)
Jack Louws, County Executive, read the proclamation and introduced Christine
Perkins, Whatcom County Library System Executive Director.
Christine Perkins, Whatcom County Library System Executive Director, stated the
2013 WCLS Annual Report is available. County residents use the libraries frequently. Last
year, they checked out nearly 1.9 million items, made 890,000 visits to the library
branches, and made 1.6 million visits to the library website. Citizens raised funds to build
and renovate the libraries in their communities. This weekend is the grand opening of the
South Whatcom library in Sudden Valley. Everyone is invited. Several other building and
renovation projects are underway.
2. PRESENTATION BY PUBLIC WORKS ADMINISTRATION RECOGNIZING
NATIONAL WORK ZONE AWARENESS WEEK (AB2014 -017)
Frank Abart, Public Works Department, stated many County employees and law
enforcement are in these work zones. They appreciate it when people pay attention while
driving into those work zones. The work season is beginning now and will continue for the
next several months. It's good to raise awareness.
Whatcom County Council, 4/8/2014, Page 1
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MINUTES CONSENT
1. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 11, 2014 (7:09:32 PM)
Browne moved to approve the Minutes Consent item.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
PUBLIC HEARINGS
1. ORDINANCE APPROVING THE INSTALLATION OF STOP SIGNS ON ROADS
WITHIN THE COUNTY (AB2014 -131) (7:10:49 PM)
Weimer stated this ordinance is just about two specific sites on Olsen Road near
Ferndale.
Joe Rutan, Public Works Department, gave a staff report and stated the technical
data doesn't support a recommendation to install stop signs, but that data is only one factor
leading to the Council's decision. He is comfortable with whatever decision Council makes
because he knows there have been accidents and there is anecdotal evidence supporting
installation of stop signs. This ordinance authorizes the County Engineer to install stop
signs to help control traffic at Brown Road and Olson Road.
Brenner stated that in the past, Mr. Rutan indicated there would be liability issues if
the Council makes a decision against his recommendation. Rutan stated he doesn't say
that. In the instance of the speed limit on Haxton Road, for example, he said the Manual of
Uniform Traffic Control Devices ( MUTCD) would not recommend this change, but that the
Council should listen to the local jurisdiction. He's comfortable with this recommendation
and installing a stop sign at the location. His recommendation is strictly about the Manual
of Uniform Traffic Control Devices.
Kremen stated he would like to know why Mr. Rutan's recommendation is to not
install the stop signs. Rutan stated he is a licensed engineer and must base his
recommendation on the data that is reported, which is the history of accidents that are
reported. Staff is being told by residents that there are a lot of near misses that they aren't
seeing when looking at the data for the intersection. This is an excellent example of the
Council using local knowledge and judgment to consider the situation. With his license, he
can only advise on what the MUTCD says.
Kremen asked if the data collected doesn't justify and would be inconsistent with the
norms of the industry. Rutan stated that's correct.
Kremen asked if Mr. Rutan is saying that they should consider public sentiment
despite the fact that the data doesn't warrant installing stop signs. Rutan stated it's public
knowledge. The decision is left to the Council so it's not strictly a technical decision.
However, he must protect his license and recommend based on the technical information.
Jack Louws, County Executive, stated a citizen made the request. The technical data
doesn't warrant installation of a stop sign in that location. He's familiar with the area. He's
seen people running the stop sign multiple times. There is risk. There's still risk with a
Whatcom County Council, 4/8/2014, Page 2
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four -way stop. Over Mr. Rutan's recommendation, he's moving this forward for Council's
consideration. He supports the ordinance.
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
Crawford asked if this is to protect the people who have the right -of -way on the
road, and if that's normal.
Weimer stated they normally get a petition from a list of area residents. He asked if
this request is just from one person. Rutan stated they've received petitions for stop signs
before, but petitions are generally for speed limit changes. They get requests for stop signs
all the time. Staff will go to the intersection and analyze the situation. This one has been
an issue for years. Staff has looked at this intersection several times. The process is
working.
Kremen asked how close the data is to a recommendation. Rutan stated seven
warrants must be met. The warrant that would be closest would be accident data. Two
accidents at the intersection would make the data support installation. They aren't going to
meet warrants for delay or queuing length. It's a low volume intersection. The problem is
safety. Until they have an accident, the data isn't there for him to recommend the stop
sign.
Kremen stated the one road has been a throughway for decades. He asked if there
is potential for actually having more blown stop signs after they install the new stop signs.
Rutan stated staff discusses that question often. It's more likely that people will stop. If
someone does blow it, there will be less opportunity for someone to get hit.
Kremen asked if the County would be liable in the event that someone runs through
a stop sign after the County installs the new stop signs. Rutan stated legal counsel can
advice, but he doesn't believe the County would be liable.
Brenner stated she's witnessed people who won't come to a stop at that intersection.
Protect people who have the right -of -way if there isn't a Sheriff deputy available full -time to
patrol.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE
SECTION 1.14, ELECTION PRECINCTS, TO AMEND CERTAIN ELECTION
PRECINCT BOUNDARIES, APPROVE NEW PRECINCT BOUNDARIES AS
NECESSARY, AND ADOPT A BOOK OF ELECTION PRECINCT MAPS BY
REFERENCE (AB2014 -130) (7:22:22 PM)
Debbie Adelstein, Whatcom County Auditor, stated there were changes to the
boundaries of Bellingham and Everson, so they used the opportunity to do a comprehensive
review of all the precincts.
Diana Bradwick, Chief Deputy Auditor, gave a staff report. They made sure that
voters were located at the right addresses and that all the taxing district boundaries are
Whatcom County Council, 4/8/2014, Page 3
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correct. They needed to check the precinct boundaries to reduce the number of splits and
ballot faces within the districts to reduce administrative costs and help ensure more
accuracy in the voting process. Last, they want to adopt actual maps for the precinct
boundaries in addition to legal boundary descriptions. People rely on maps to find their
precinct boundaries.
Brenner asked if this will reduce or eliminate inconsistency. Bradwick stated they
believe this has eliminated any inconsistencies.
Buchanan asked if there was an attempt to equalize the number of voters in
precincts. Bradwick stated there was. They will continue to do that work in the future.
Adelstein stated they started that process a couple of years ago. The State
established new guidelines on population per precinct. They also meet with both party
chairs to alert them to proposals and get their input. They were happy to see the staff
doing that work.
Weimer opened the public hearing, and the following person spoke:
Cynthia Ripke - Kutssagoitz stated values brought to election precincts are divided.
She would like to know how people determine which precincts they have. It affects
everything within the community that gets voted on.
Hearing no one else, Weimer closed the public hearing.
Kremen moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
OPEN SESSION
(7:30:45 PM)
The following people spoke:
• Cynthia Ripke - Kutssagoitz spoke about the ordinance (interim) allowing
marijuana production, processing, and retailing (AB2014- 074C).
• Dan Gentry spoke about goose feces issues at Silver Lake.
• Ethan Gill stated he is Representative Kristine Lytton's legislative assistant and
wanted to introduce himself.
• Karen Brown spoke about the request for approval for the County Executive to
enter into a contract amendment to provide legal assistance in Growth
Management Hearings Board cases (AB2014 -136).
• Ron Anderson, North Whatcom Fire and Rescue, spoke about the ordinance
adopting the current state building code and repealing existing Title 15 of the
Whatcom County Code (AB2013 -271).
• Kris Halterman spoke about the proposed interim ordinance related to
packinghouse applications in Agriculture Zones (AB2014 -060A) and the request
for approval for the County Executive to enter into a contract amendment to
provide legal assistance in Growth Management Hearings Board cases (AB2014-
136).
Whatcom County Council, 4/8/2014, Page 4
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• Jack Ingham spoke about the ordinance (interim) allowing marijuana
production, processing, and retailing (AB2014- 074C).
• Steve Sarich, Cannabis Action Coalition Executive Director, spoke about the
ordinance (interim) allowing marijuana production, processing, and retailing
(AB2014- 074C).
• Casey Napsy spoke about the ordinance (interim) allowing marijuana
production, processing, and retailing (AB2014- 074C).
• Sandy Soderburg spoke about the ordinance (interim) allowing marijuana
production, processing, and retailing (AB2014- 074C).
• Mel Blankers, President of Fire Chiefs Association, spoke about the ordinance
adopting the current state building code and repealing existing Title 15 of the
Whatcom County Code (AB2013 -271).
CONSENT AGENDA
(7:54:44 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through four.
Brenner withdrew item two.
The motion to approve Consent Agenda items one, three, and four carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DENTAL POWER
INTERNATIONAL FOR DENTAL SERVICES AT THE WHATCOM COUNTY JAIL
AND WORK CENTER, IN AN AMOUNT NOT TO EXCEED $29,988 PER YEAR
(AB2014 -140)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND U.S. DEPARTMENT OF
AGRICULTURE FOREST SERVICE TO CONTINUE THE COOPERATIVE EFFORT
WITH THE SHERIFF'S OFFICE TO ENHANCE STATE AND LOCAL LAW
ENFORCEMENT IN CONNECTION WITH ACTIVITIES ON NATIONAL FOREST
SYSTEM LANDS, IN THE AMOUNT OF $56,760 (AB2014 -141)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she approves. They received an email from the Sheriff's Office that
said the reason the amount is less is because the State and federal governments are cutting
back, and that patrols may cut back on what they can do.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 4/8/2014, Page 5
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3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 14 -19 TO
LOW BIDDER, MCASPHALT INDUSTRIES, LTD., FOR THE PURCHASE OF
ASPHALTIC EMULSIONS, IN THE ESTIMATED AMOUNT OF $1,400,000
(AB2014 -142)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2014 USING AN
INTERLOCAL AGREEMENT WITH LEWIS COUNTY FROM VENDOR SHERWIN
WILLIAMS, INC., IN AN ESTIMATED AMOUNT OF $500,000 (AB2014 -143)
OTHER ITEMS
1. REQUEST APPROVAL OF THE MASTER COLLECTIVE BARGAINING
AGREEMENT, EFFECTIVE APRIL 8, 2014 (AB2014 -138) (7 :56:26 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR CONSTRUCTION OF THE CANYON CREEK
INTEGRATED FISH AND FLOOD PROJECT, IN THE AMOUNT OF $2,023,420
(AB2014 -139) (7 :56 :50 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Jack Louws, County Executive, stated the County was just awarded $1.4 million for
the Deming levee.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND VAN NESS
FELDMAN, LLP, TO PROVIDE LEGAL ASSISTANCE IN GROWTH MANAGEMENT
HEARINGS BOARD CASES, IN THE AMOUNT OF $30,000, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $130,000 (AB2014 -136) (7 :58 :19
PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Whatcom County Council, 4/8/2014, Page 6
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Weimer stated the County Council is committed to this lawsuit, but will also consider
a parallel track for settlement discussion. They will move forward on both.
Brenner asked about changes to the letter.
Karen Frakes, Prosecutor's Office, stated the changes were not substantive. They
were just form changes recommended by attorneys. The four councilmembers who
approved the letter were Councilmembers Browne, Buchanan, Mann, and Weimer.
Weimer stated they've talked publicly about their interest in settlement.
Mann stated he's been in favor of pursuing settlement talks, which they do on many
issues when the County is sued. It's smart to try to settle differences outside of court.
Brenner stated she supports negotiating, as long as they agree with what they're
doing.
Mann stated that's what they'll find out. He has no idea what they want. He wants
to know what they want. He believes they got more than they expected from the Hearings
Board decision.
Weimer stated they are talking about a letter to the Department of Ecology (DOE)
asking them to join the County in the discussions regarding water rights, since the County
has an interest in maintaining their ability to decide the authority on who has water and
who doesn't.
Kremen stated legal counsel has had informal discussions with some
councilmembers. These are not official votes. Frakes indicated that is correct.
Browne stated he agrees with Councilmember Mann. Working on parallel tracks
during a lawsuit is normal and customary.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, and Kremen (6)
Nays: Weimer (1)
4. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE (AB2013-
271) (8 :02:48 PM)
Brenner moved to adopt the ordinance.
Weimer moved to amend to add language recommended by staff at the Council
meeting on March 11, 2014, "6. Section 107.2 is amended to include the following:
Construction documents may be submitted in Standard English or Metric measurement.
However, the building Official may require, at his /her discretion, that any Metric
construction documents be converted by the applicant
deeungent submittal. to Standard English measurement which then may be submitted
independently or in tandem with Metric documents."
Whatcom County Council, 4/8/2014, Page 7
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Browne stated he thanks Wain Harrison for his diligent hard work. He was very
effective communicating options and learning about the agricultural community's concerns.
One concern was about the use of groundwater for fire suppression. He talked with the
Department of Ecology (DOE) about dedicating part of a water right to fire flow, even
though it may not ever be used. The County has made permitting decisions based on
allocating a percentage of that water permit to fire flow. The DOE does not require it. The
DOE considers water consumed for fire suppression to be a permitted use, and doesn't
require a water right. That includes system testing and verification. That's good news.
Crawford stated there was a case in Eastern Washington in which DOE did not allow
people to withdraw water from the stream for a forest fire.
Browne stated the DOE responded that any water source was available for fire
suppression.
Brenner stated she thanks Wain Harrison for putting together policy alternatives and
options that applicants would have if they can't meet fire flow with the amount allocated.
That eased a lot of concerns from the citizens.
Mann stated he doesn't like the fire code. The worst urban design is developed
because of overprotective fire codes. Roads are absurdly wide and houses have to have
sprinklers. It adds a lot of expense and causes unnecessary environmental damage. A
person should be allowed to build a house and live in it if it doesn't meet the fire code.
That's a personal choice. Considerations are different for commercial establishments where
the public will visit. He has a philosophical problem with what goes in the fire code. Wain
Harrison and Councilmember Browne have done a good job and worked well on it, so he
credits them for their work. However, he will vote against it.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Nays: Mann (1)
S. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON SPECIAL DIKING
DISTRICTS AND SPECIAL DRAINAGE DISTRICTS - APPLICANTS: FRED
VANDER VEEN FOR CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT #1
POSITION 1, RICHARD ROEBUCK FOR CONSOLIDATED DRAINAGE
IMPROVEMENT DISTRICT #20 POSITION 3, ROGER BAJEMA FOR DIKING
DISTRICT #3 POSITION 3, ROGER BLOK FOR DRAINAGE DISTRICT #3
POSITION 1, JASON VANDERVEEN FOR DRAINAGE DISTRICT #3 POSITION 3
(AB2014 -100) (8:10:52 PM)
Browne stated he appreciates all who volunteered for these positions. He has
concerns about Roger Bajema's application, which states he has financial dealings with the
County, but the application doesn't explain what it is. The Council must understand any
potential conflict of interest.
Brenner moved to nominate and appoint all applicants.
Whatcom County Council, 4/8/2014, Page 8
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The motion to appoint Fred Vander Veen to Consolidated Drainage Improvement
District #1 Position 1 carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to appoint Richard Roebuck to Consolidated Drainage Improvement
District #20 Position 3 carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Brenner moved to hold the appointment of Roger Bajema to Diking District 3
Position 3 until the next Council meeting. There must be a simple explanation.
Kremen stated he suspects it could be the purchase of development rights (PDR)
program. They will wait for more information.
The motion to hold Roger Bajema's application carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
Crawford stated he's known Mr. Bajema for years. Mr. Bajema has many more
issues with the County than having a financial interest in the county. He's done a great job
in the past. He doesn't need to hold the item. He's ready to vote to appoint Mr. Bajema.
The motion to appoint Roger Blok to Drainage District #3 Position 1 carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
The motion to appoint Jason VanderVeen to Drainage District #3 Position 3 carried
by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
JUNE HAHN TO THE WHATCOM COUNTY LIBRARY SYSTEM BOARD (AB2014-
144) (8:16:16 PM)
Browne moved to confirm the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DANIEL AUSTIN TO THE BELLINGHAM - WHATCOM COUNTY HOUSING
AUTHORITIES BOARD OF COMMISSIONERS (AB2014 -145) (8:16 :32 PM)
Buchanan moved to confirm the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 4/8/2014, Page 9
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COMMITTEE REPORTS
Mann reported for Planning Committee on the discussion regarding a proposed
interim ordinance related to packinghouse applications in Agriculture Zones
(AB2014 -060A) and stated this issue is coming forward soon to the Council as an
administrative process as an accessory use.
INTRODUCTION ITEMS
(8:17:39 PM)
Crawford moved to accept the Introduction Items, including the substitute for
Introduction Item five.
vote:
Browne withdrew item five.
The motion to accept Introduction Items one through four carried by the following
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING THE WHATCOM COUNTY CODE REGARDING CORNER
LOT AND THROUGH LOT BUILDING SETBACKS (AB2014 -146)
2. ORDINANCE ESTABLISHING THE PARKS SPECIAL REVENUE FUND (AB2014-
147)
3. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $1,958,575 (AB2014 -148)
4. RESOLUTION AMENDING THE 2014 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $647,500
(AB2014 -149)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
S. ORDINANCE (INTERIM) ALLOWING MARIJUANA PRODUCTION,
PROCESSING, AND RETAILING AS AUTHORIZED BY WASHINGTON STATE
INITIATIVE 502 AND MEDICAL MARIJUANA FACILITIES AS AUTHORIZED
UNDER CHAPTER 69.51A RCW (AB2014 -074C)
Buchanan moved to accept the substitute ordinance.
Browne asked if the change regarding the 200 foot setback was just for the
agricultural and forest districts or in every zone.
Weimer stated the motion during the Committee of the Whole meeting was to apply
a 200 -foot setback in the agricultural and rural forestry zones and any other zone where
there is an existing building. The substitute version of the ordinance is correct.
Whatcom County Council, 4/8/2014, Page 10
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Kremen moved to reinstate the 300 -foot setback in all zones. Pushing processors
and growers into areas that are more problematic for law enforcement is a valid concern.
However, it's better to be more consistent with the 300 -foot setback they original proposed.
It's more consistent with the concerns they heard from the Sheriff, many community
members, and others.
Mann stated increasing setbacks will force the operations into the more remote
areas, which are the only locations that can accommodate large setbacks.
Brenner stated the ordinance includes a lot of compromise. They removed the
1,000 -foot setback. A 300 -foot setback is a good area to plant a lot of trees and
landscaping that can serve as a block between existing residential development. This is a
good compromise. If there is no problem, they can revisit the question. A manure lagoon
setback isn't a good comparison, because no one is going to steal something from a manure
lagoon. This is a very unique issue. The least they can do is leave the 300 -foot buffer.
Mann stated no one has drowned in a marijuana crop.
Brenner stated no one has ever drowned in a manure lagoon, either.
The motion to amend carried by the following vote:
Ayes: Brenner, Crawford, Browne, Buchanan, and Kremen (5)
Nays: Weimer and Mann (2)
Brenner moved to reinstate the language about collective gardening. It's been
allowed for years. People who use prescription medical marijuana could be harmed if
they're not allowed. Leave it alone until the State Supreme Court decides one way or the
other. Medical marijuana is much more important than recreational marijuana. Don't get
rid of it. The Court of Appeals allowed an affirmative defense for people to do collective
gardens. The Governor's veto happened before Initiative 502 passed.
Crawford stated it has never been a permitted use in the Whatcom County Code.
They are making the Code silent on the issue. Legal counsel informed the Council that
could change, based on a current Court of Appeals ruling that may or may not be appealed
to the State Supreme Court. For now, legal counsel determined it's inappropriate or illegal
to put it in the code. The County is not doing anything different from what it's already
done. It has not been a permitted use in the Code to begin with.
Brenner asked if the County has ever permitted collective gardens.
Nick Smith, Planning and Development Services Department, stated they permitted
collective gardens before this decision issued on March 31, 2014, based on the zoning
interpretation policy that was put in place in September. They've issued two permits at the
Cascade Business Park.
Mann asked if it's correct that there is a stay on the Court of Appeals ruling because
of the appeal to the Supreme Court, so there is no statute now that makes it illegal to have
it in the Code.
Karen Frakes, Prosecutor's Office, stated she hasn't heard about a stay. Without
documentation that indicates a change in the Court of Appeals decision, she supports the
legal counsel from Senior Deputy Prosecutor Royce Buckingham.
Whatcom County Council, 4/8/2014, Page 11
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Smith stated he will present a proposed permanent ordinance later this year. Given
advice from legal counsel, he recommends against adding the language at this point. If the
issue changes, he'll make sure it gets put into the permanent ordinance.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
Weimer stated staff has already prepared an ordinance for introduction that
incorporates the changes made during the Committee of the Whole meeting, but with a
300 -foot setback. This is the substitute version they will vote to introduce.
Brenner stated someone said these are the strictest standards in the state.
However, a number of counties and cities in the state have banned the operation altogether.
The County has tried hard to find a way to ensure they can allow marijuana grow operations
and also be respectful of neighbors. She didn't get everything she wanted in the ordinance,
but she's pleased with this outcome.
Smith stated he would like clarification on a Special Committee of the Whole motion
to eliminate community centers and residential setback spacing requirements in the
commercial zone districts for retail marijuana. He wants to make sure if that is what the
Council requested. It is in the proposed ordinance. It was originally 1,000 feet and 300
feet from residences in commercial zone districts. There are some residents in the
commercial zone districts. Now there are no setbacks for retail marijuana in the commercial
zone districts in Whatcom County.
Weimer stated he's fine with not requiring any setbacks from a retail operation in a
commercial zone.
Browne stated he believes the conversation in Committee was in the context of
liquor stores, which have a 500 -foot setback in commercial zones, and they wouldn't make
the setback less than a liquor store.
Crawford stated these are commercial zones. People fight to have their property
zoned commercial so they can have commercial, not residential uses. He's concerned about
the community center language. He asked how many community centers are in or within
1,000 feet of a commercial zone. Smith stated there are a few. The location at Harborview
Road and Birch Bay - Lynden Road is an example, but no retail operation is proposed for that
location. There has been talk of a retail store in the Birch Bay outlet mall. There has also
been discussion of putting a church in at that location.
Weimer asked if State law precludes a retail store from being close to churches,
schools, and nurseries, regardless of the County ordinance.
Crawford stated churches were not included in the State regulation. He liked the
language they included about community centers, because it reflected Whatcom County
culture and values. Smith stated there are churches in the industrial zone, also.
Browne asked if the setback for marijuana retail is less than for liquor retail. Smith
stated that is correct. It's a State setback standard, not a County standard.
Whatcom County Council, 4/8/2014, Page 12
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Crawford stated the Liquor Control Board's definition of what requires a setback from
a liquor store is different from the State law on marijuana setbacks. After two years, the
State legislature can start changing this law. He anticipates that there will be proposals
from the State to blend these codes together and make them more consistent. He's
comfortable letting the State deal with it.
Weimer asked how many retail establishments are allowed in unincorporated
Whatcom County. Smith stated he believes that the State will permit seven for retail in
unincorporated areas and small cities that have not received a specific amount. The City of
Blaine received an applicant that would be one of the seven for unincorporated Whatcom
County.
Brenner stated the State dealt with setbacks. The County deals with zoning.
Browne stated that if the State hasn't addressed the issue, and the County doesn't
impose a restriction equivalent to what the State would impose on a liquor store, they will
grandfather the establishments in at a lower standard.
Crawford stated the State definitions of what needs a setback are close, and include
schools, public institutions, and parks. The State requires a 1,000 foot setback from
marijuana businesses from those places.
Kremen stated he suspects the legislature will revisit the issue in a year and a half.
The collective garden issue will likely receive affirmative action by the legislature, when they
modify the statutes to make a better law regarding medical and recreational growth,
processing, sales, and use of marijuana. It's prudent for the Council to heed the advice
from legal counsel.
Mann stated it should be introduced, but he's disappointed with the 300 -foot
setback. There is a lot of fear and anecdotes out there, which they must respect. If a lot of
people are genuinely afraid that chaos will ensue from a marijuana grower, he understands
why they want to respect those fears. He'll vote for introduction.
The motion to accept the substitute ordinance with the 300 -foot setbacks for
introduction carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OTHER BUSINESS
Brenner stated there was an issue about contracts approved by the Executive
without Council approval. She didn't like it. She referenced the last quarterly report, which
shows that some of these contracts that the Executive approved without Council review or
approval are not to exceed $10,000 or ten percent of the original contract, whichever is
greater. Some of the County's contracts are for multi - million dollars. Recent contracts that
didn't come to the Council were for $180,000, $66,000, $72,000, and $73,000. Change the
requirement so that any contract above a certain amount must come to the Council. She is
working on an ordinance to change the limits.
Whatcom County Council, 4/8/2014, Page 13
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(8:4 9:21 PM)
Weimer reported he will not be at Health Board meeting on Tuesday.
Buchanan reported that the Natural Resources Committee will have a presentation
on April 22 on geologic stability issues in the county, what projects the County has done or
has planned to help alleviate the situation, and review codes in place that will protect the
public. Former Councilmember Dan McShane will be involved in part of the presentation.
Browne asked Planning Department staff to provide better data about soils that need
to be protected.
ADJOURN
The meeting adjourned at 8:51 p.m.
The Council approved these minutes on May 6, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 4/8/2014, Page 14