HomeMy WebLinkAboutCouncil Janurary 28 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
January 28, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:03 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:03:27 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced that there was discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation before the Growth Management
Hearings Board (GMHB) and pending judicial appeals from GMHB decisions
(AB2014 -018)
Mann stated the Council has received public feedback asking the Council to continue
the appeal. The Council publicly reaffirms its decision to continue the appeal. He moved to
publicly reaffirm our intention to continue the County's appeal of the Growth Management
Hearings Board decision as it relates to water resources.
Kremen stated he thanks Councilmember Mann for the motion and legal counsel
Karen Frakes for her wise guidance on this issue. He's confident that he will be able to
convey to the Washington State Association of Counties Legislative Steering Committee that
Whatcom County has a firm resolve to continue with the appeal of the Growth Management
Hearings Board.
Brenner stated she thanks everyone for attending tonight. Their attendance is not in
vain.
Buchanan stated he thanks everyone who called and emailed the Council. It's how
democracy works the best.
Weimer stated no matter which side of the issue one is on, taking this on through
the courts will provide definitive decisions on water resources in Whatcom County, which
hasn't happened for many years.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 1/28/2014, Page 1
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Weimer also announced there was discussion with Michael McFarlane, Parks
and Recreation Director, regarding property acquisition for park purposes
(AB2014 -018) in executive session during the Committee of the Whole meeting.
OPEN SESSION
The following people spoke:
• Greg Brown spoke on the issue of discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation before the Growth Management
Hearings Board (GMHB) and pending judicial appeals from GMHB decisions
(AB2014 -018).
• Shiree McKay spoke on the issue of discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation before the Growth Management
Hearings Board (GMHB) and pending judicial appeals from GMHB decisions
(AB2014 -018).
• Molly Crocker submitted and read from a handout (on file) and spoke on the
issue of the discussion with Senior Deputy Prosecutor Karen Frakes regarding
pending litigation before the Growth Management Hearings Board (GMHB)
and pending judicial appeals from GMHB decisions (AB2014 -018).
• Carole Perry submitted and read from a handout (on file) on the issue of
water resources inventory area (WRIA) 1 Planning Unit membership.
• Karen Brown spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018) and the WRIA 1 Planning Unit.
• Yoshi Revelle spoke on the issue of basing government decisions on
something other than money.
• Kelli Bashaw, Bellingham School District Board Member, spoke on the Cultural
Access Washington Bill.
• Ronna Loerch spoke about the issue of water resources inventory area
(WRIA) 1 Planning Unit membership and the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018).
• Arlena Mantha spoke on the Cultural Access Washington Fund.
• Erin Moore, iDiOM Theater Board President, spoke on the cultural arts fund.
• Caroline Silvas spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018).
• Lesa Starkenburg - Kroontje submitted a handout (on file) and spoke on the
issue of siting marijuana growing and processing operations under I -502.
• Cat Sieh, Make.Shift Art Space Executive Director, spoke on the issue of the
Cultural Access Fund.
• Leonard Smit submitted a handout (on file) and spoke on the issue of the
proposed Delta 9 marijuana growing operation.
• Carly Beveridge submitted a handout (on file) and spoke on the issue of the
Cultural Access Fund.
• Treva Postma submitted a handout (on file) and spoke on the issue of the
proposed Delta 9 marijuana growing operation.
Whatcom County Council, 1/28/2014, Page 2
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• Lonnie Bauman spoke on the issue of the proposed Delta 9 marijuana growing
operation.
• Kelby Postma spoke on the issue of the proposed Delta 9 marijuana growing
operation.
• Gary Honcoop spoke on the issue of the agricultural industry in Whatcom
County and the Planning Commission appointments (AB2013 -387).
• Vern Dykstra spoke on the issue of the proposed Delta 9 marijuana growing
operation.
• Roger Almskaar spoke on the issue of developing clear, productive land use
rules and the discussion with Senior Deputy Prosecutor Karen Frakes
regarding pending litigation before the Growth Management Hearings Board
(GMHB) and pending judicial appeals from GMHB decisions (AB2014 -018).
• Bernie Mulder spoke on the issue of the proposed Delta 9 marijuana growing
operation.
• Kevin Van Beek spoke on the issue of developing clear, productive land use
rules and the discussion with Senior Deputy Prosecutor Karen Frakes
regarding pending litigation before the Growth Management Hearings Board
(GMHB) and pending judicial appeals from GMHB decisions (AB2014 -018).
• Virgil Stremler submitted a petition (on file) and spoke on the issue of the
proposed Delta 9 marijuana growing operation.
• David Haggith, Washington State Dairy Federation, spoke on the issue of
developing clear, productive land use rules and the discussion with Senior
Deputy Prosecutor Karen Frakes regarding pending litigation before the
Growth Management Hearings Board (GMHB) and pending judicial appeals
from GMHB decisions (AB2014 -018), the Flood Control Zone District Advisory
Committee appointments (AB2013 -387A) and the Planning Commission
appointments (AB2013 -387).
• Chad Bajema spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018).
• Kris Halterman submitted a handout (on file) and spoke on the issue of the
discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation before the Growth Management Hearings Board (GMHB) and
pending judicial appeals from GMHB decisions (AB2014 -018) and the issue of
the packinghouse ordinance.
• Percy Hoekema, Whatcom County Farm Bureau, submitted a handout (on file)
and spoke on the issue of the board and commission appointments (AB2013-
387) and managing water issues.
• Larry Helm spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018), Planning Commission appointments (AB2013-
387), and the County fund balances.
• Sebastian Cochrane spoke on the discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation before the Growth Management
Hearings Board (GMHB) and pending judicial appeals from GMHB decisions
(AB2014 -018).
• Delaine Clizbe spoke on the discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation before the Growth Management Hearings
Board (GMHB) and pending judicial appeals from GMHB decisions (AB2014-
018).
Whatcom County Council, 1/28/2014, Page 3
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• Catherine Lockerbie spoke on the issue of the proposed Delta 9 marijuana
growing operation.
• Jim Dickinson spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018).
• Kelly Swanson - Veening spoke on the issue of the proposed Delta 9 marijuana
growing operation.
• Si Eldred, 317 W. Laurel, spoke on the issue of the discussion with Senior
Deputy Prosecutor Karen Frakes regarding pending litigation before the
Growth Management Hearings Board (GMHB) and pending judicial appeals
from GMHB decisions (AB2014 -018) and moving County offices from Smith
Road and Northwest Road into Bellingham.
• Mary Kay Robinson spoke on the issue of the discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation before the Growth
Management Hearings Board (GMHB) and pending judicial appeals from
GMHB decisions (AB2014 -018).
• Barbara Shumacher spoke on the Planning Commission appointments
(AB2013 -387).
• Margaret Hashmi spoke on the issue of different private property rights
comments the issue of the proposed Delta 9 marijuana growing operation and
the discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation before the Growth Management Hearings Board (GMHB) and
pending judicial appeals from GMHB decisions (AB2014 -018).
• Ellen Baker spoke on the issue of the proposed Delta 9 marijuana growing
operation.
• Lisa Cable spoke on the issue of the Water District 13 Commissioner
appointment (AB2013 -386).
• Jeff Gibson spoke on the issue of government interference with private
property rights and government regulation.
• Collin Veltman spoke on the issue of different private property rights
comments the issue of the proposed Delta 9 marijuana growing operation and
the discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation before the Growth Management Hearings Board (GMHB) and
pending judicial appeals from GMHB decisions (AB2014 -018) and the issue of
the proposed Delta 9 marijuana growing operation.
• Peggy Uppiano spoke on the issue of different private property rights
comments the issue of the proposed Delta 9 marijuana growing operation and
the discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation before the Growth Management Hearings Board (GMHB) and
pending judicial appeals from GMHB decisions (AB2014 -018).
• John Kirk spoke on the Planning Commission appointments (AB2013 -386).
(Clerk's Note: The Council took a break from 8 :31 p.m. to 8 :36 p.m.)
CONSENT AGENDA
(8:37:03 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven, a substitute item nine, and
ten. The agenda title for item two should be amended.
Whatcom County Council, 1/28/2014, Page 4
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2014 USING THE
WASHINGTON STATE CONTRACT AND VENDOR ALPINE PRODUCTS (AB2014-
045)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT FOR THE AUTHORIZE PURCHASE OF WATERBORNE
TRAFFIC LINE PAINT FOR 2014 USING THE WASHINGTON STATE CONTRACT
AND VENDOR ENNIS PAINT (AB2014 -046)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS
FOR ADVERTISING AND PROMOTION OF THE SAVOR WHATCOM FOOD &
FARMS PROGRAM, IN THE AMOUNT OF $25,000 (AB2014 -047)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND WA STATE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES FOR SUBSTANCE ABUSE PREVENTION
PROGRAMS AND SERVICES, IN THE AMOUNT OF $83,065 (AB2014 -048)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BOGARD ENGINEERS, PS FOR
THE WHATCOM COUNTY CENTRAL SHOP BUILDING HVAC UPGRADES, IN THE
AMOUNT OF $30,665 (AB2014 -049)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PND ENGINEERS, LLC FOR
THE DESIGN OF FERRY DOCKING STRUCTURES AT LUMMI ISLAND AND
GOOSEBERRY POINT FERRY TERMINALS, IN THE AMOUNT OF $167,200
(AB2014 -050)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND WA STATE
DEPARTMENT OF ECOLOGY TO PROVIDE A CONSERVATION CORPS CREW
FOR WATERSHED RESTORATION PROJECTS, IN AN AMOUNT NOT TO EXCEED
$60,000 (AB2014 -051)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MONARCH MEDIA, INC. FOR
DEVELOPMENT OF AN ONLINE AQUATIC INVASIVE SPECIES AWARENESS
COURSE, WEBSITE, AND REPORTING SYSTEM, IN THE AMOUNT OF $29,710
(AB2014 -052)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Gary Stoyka, Public Works Department, stated the amount is in the current budget
and is part of the $70,000 that the County approved for aquatic invasive species for 2014.
The City is still trying to come up with the total cost of the project. The City has to budget
Whatcom County Council, 1/28/2014, Page 5
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for the full use of staff, even if staff will only work part time. The City is still working on
their staffing needs. The actual cost will be lower than the amount estimated at the Surface
Water Work Session.
Brenner asked why the County is contracting with a company in California when a
local company can do the work. She asked why the staff didn't put out a request for
qualifications (RFQ). Stoyka stated it was put out for RFQ, and the County got one
respondent. Developing online education courses is specialized work.
Kremen asked the process for the RFQ and who made the decision. Stoyka stated
staff worked with the information technology (IT) staff on the qualifications and submitted
to Finance for advertising the RFQ. The advertisement was in the Bellingham Herald. Other
associations pick up those advertisements and picked up the advertisement from some
agency that republishes the advertisements.
Brenner moved to hold in committee.
Weimer asked if the Council is allowed to back away from the RFQ process and do it
again.
Brad Bennett, Administrative Services Department, stated he believes the County
can reject the bid.
Jack Louws, County Executive, stated that rejecting the bid will delay the project and
it won't be done in time for the boating season. Staff properly put out the RFQ. It's
unfortunate the local firm wasn't aware of the RFQ. The firm that applied is capable of
doing the job. He recommends Council approval to get the project done in time for boating
season.
Buchanan stated web -based training is much more complex than an ordinary
website.
Brenner stated hold it for two weeks to find out if the local company is capable of the
work.
Weimer stated he is against the motion. Move the process along. The County went
through the right process.
The motion to hold failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
The motion to approve carried by the following vote:
Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6)
Nays: Brenner (1)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SHEARER DESIGN, LLC FOR
ON -CALL SUPPORT FOR THE WHATCOM COUNTY BRIDGE PROGRAM, IN THE
AMOUNT OF $75,000 (AB2014 -053)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND
Whatcom County Council, 1/28/2014, Page 6
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NORTHWEST REGIONAL COUNCIL FOR SUPPORT OF THE MEALS ON WHEELS
PROGRAM, IN THE AMOUNT OF $40,000, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $50,000 (AB2014 -054)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $775,964 (AB2014 -041) (8:48:01 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated certain language is vague. She will vote for the motion, but don't
forget that the small amounts can add up cumulatively.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM AND THE PORT OF BELLINGHAM FOR THE PURPOSE OF
ENSURING CONSISTENCY IN DELIVERY OF ECONOMIC DEVELOPMENT
SERVICES, IN THE AMOUNT OF $405,000 (AB2013 -426) (8 :49 :17 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the agreement.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
3. DISCUSSION AND POSSIBLE ACTION ON AN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM — EDI BOARD RECOMMENDATION TO MODIFY
GUIDELINES TO ADD SINGLE AND MULTI - FAMILY HOME CONSTRUCTION AS
AN ALLOWABLE USE (AB2013 -332) (8 :49 :52 PM)
Crawford reported for the Finance and Administrative Services Committee and
stated this item is held in committee.
4. NOMINATION AND APPOINTMENT TO FILL VACANCY ON WATER DISTRICT
13, COMMISSIONER POSITION 3, APPLICANT(S): VARIOUS (AB2013 -386)
Crawford nominated all applicants.
(Clerk's Note: See attached voting tally.)
The Council appointed Jackque Fowler.
Whatcom County Council, 1/28/2014, Page 7
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S. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS
APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2014)
(AB2013 -387)
Board of Equalization
Kremen moved to appoint Wes Van De Mark by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Open Space Advisory Committee
Brenner moved to appoint Theresa Sygitowicz by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Planning Commission - District 1
(Clerk's Note: See attached voting tally.)
Crawford stated he personally endorses Jeff Rainey, who is a long -term Whatcom
County resident, incredible guy and incredible businessman. He's been a dairyman. He has
extensive family in the East Valley and represents everyone in the Highway 9 corridor.
Brenner stated she always votes for an incumbent when they've done a decent job,
even if she didn't vote to put them on the board. She will vote for Jeff Rainey, who has
been a farmer forever. They need farm community representatives.
The Council appointed David Hunter to the Planning Commission, District 1.
Planning Commission - District 3
(Clerk's Note: See attached voting tally.)
The Council appointed Walter Haugen and Natalie McClendon to the Planning
Commission, District 3.
Solid Waste Advisory Committee - Business /Industry and Public Interest
Brenner moved to appoint Amber Jones for the Business /Industry position and
Marjorie Ann Leone for the Public Interest position by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 1/28/2014, Page 8
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Surface Mining Advisory Committee - Ecologist
Brenner moved to appoint Judy Dudley by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
6. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, ACME /VAN
ZANDT FLOOD CONTROL SUBZONE ADVISORY COMMITTEE, AND
LYNDEN /EVERSON FLOOD CONTROL SUBZONE ADVISORY COMMITTEE:
VARIOUS APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1,
2014) (AB2013 -387A)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Impacted Cities
Kremen moved to appoint Robert Bromley and John Perry by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Geographic Areas
Crawford nominated all applicants.
(Clerk's Note: See attached voting tally.)
The Board of Supervisors appointed Alan Soicher, Ian Smith, and Rodney VandeHoef.
Special Districts
Crawford moved to appoint Harry Williams and Ron Bronsema by general consent.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Acme /Van Zandt Flood Control Subzone Advisory Committee
Crawford nominated all applicants.
(Clerk's Note: See attached voting tally.)
The Board of Supervisors appointed Ian Smith, Holly O'Neil, and Nicole Brown.
Lynden /Everson Flood Control Subzone Advisory Committee
Crawford nominated Nathan Kleindel and John Courtney by general consent.
Whatcom County Council, 1/28/2014, Page 9
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The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
7. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND MAPS, TO IMPLEMENT CHANGES RELATING TO RURAL LAND USE
PLANNING (AB2014 -040) (9 :06 :16 PM)
Brenner moved to adopt the ordinance.
Crawford stated he supports the ordinance. It codifies the long- standing policies of
the Planning Department and clarifies regulations as they've been enforced for many years.
In response to growth management appeals, the point of this ordinance is that it
strengthens the County's case with the Growth Management Hearings Board and also is not
a highly impactful new regulation.
Brenner stated it references what is already codified.
Weimer asked if this will confuse efforts for amending the Comprehensive Plan in the
future. This is the only place they reference the code in the Comprehensive Plan. If
someone wanted to do a Comprehensive Plan amendment, they'll have to do both at the
same time.
Mark Personius, Planning and Development Services Department, stated they are
already doing it. Court cases say protection measures must be in the Comprehensive Plan.
It's semantics, but it pleases the court.
Weimer asked why this is not on the list for concurrent passage. Personius stated
this relates to a current Growth Management Hearings Board case, which can be amended
at any time.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
8. CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS AND
COMMISSIONS FOR 2014 (AB2014 -057) (9 :09 :58 PM)
Crawford moved to confirm the list of appointments as presented to the County
Council.
Weimer read the list of the Executive's appointments.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
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APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
1.
2.
0
4.
5.
ORDINANCE REPEALING THE 1986 LYNDEN - NOOKSACK VALLEY SUBAREA
PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -203)
Crawford moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
ORDINANCE REPEALING THE 1987 BIRCH BAY - BLAINE SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2013 -204)
Mann moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
ORDINANCE REPEALING THE 1986 CHUCKANUT -LAKE SAMISH SUBAREA
PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY
COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013 -205)
Mann moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
ORDINANCE ADOPTING AMENDMENTS TO THE POINT ROBERTS CHARACTER
PLAN (AB2013 -306)
Kremen moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO
CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS (AB2013-
345)
Brenner moved to adopt the ordinance.
Whatcom County Council, 1/28/2014, Page 11
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group.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
FINAL VOTE TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT ORDINANCES AS
A GROUP
Mann moved to approve the Comprehensive Plan amendment ordinances as a
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5)
Nays: None (0)
Abstain: Browne and Buchanan (2)
INTRODUCTION ITEMS
(9:16:50 PM)
Brenner moved to accept the introduction items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $1,724,000 (AB2014 -058)
2. ORDINANCE ESTABLISHING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT
FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE DAKOTA
CREEK BRIDGE NO. 500 PROJECT (AB2014 -042)
3. ORDINANCE ESTABLISHING THE SLATER ROAD INTERSECTIONS, IMHOFF
AND FERNDALE ROADS PROJECT FUND AND ESTABLISHING A PROJECT
BASED BUDGET FOR THE SLATER ROAD INTERSECTIONS, IMHOFF AND
FERNDALE ROADS PROJECT (AB2014 -043)
4. ORDINANCE ESTABLISHING THE TELECOMMUNICATIONS SYSTEM
REPLACEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
(AB2014 -059)
S. ORDINANCE (INTERIM) AMENDING THE WHATCOM COUNTY ZONING CODE
TO ALLOW AGRICULTURAL PACKINGHOUSES IN THE AGRICULTURE ZONING
DISTRICT AS CONDITIONAL USES (AB2014 -060)
6. RESOLUTION GRANTING A QUITCLAIM DEED TO THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION (AB2014 -055)
Whatcom County Council, 1/28/2014, Page 12
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OTHER BUSINESS
Brenner submitted a draft letter addressed to the Washington State Liquor Control
Board regarding siting marijuana grow operations and correspondence from Sheriff Elfo and
the Washington State Liquor Control Board (on file). When the Council received a
presentation from the County Prosecuting Attorney Dave McEachran, he said it has to be
treated like regular agriculture, and the County could not limit it. A couple of weeks ago,
the Attorney General gave an opinion that the County can regulate marijuana. The State
allowed applications to be submitted before the Attorney General gave an opinion. That
was backwards. The State put the County in an untenable position. There are appropriate
marijuana growing locations. She read the draft letter into the record.
Kremen stated the State Attorney General also said counties can outright ban the
processing, sale, or distribution of marijuana. He doesn't advocate that, but production and
processing operations need close scrutiny in terms of siting and the number of operations,
so there is a process for approving or not approving applications. It will take time to do
that. The Council, staff, and others should take time to create a basis for approving or not
approving applications. There are no meaningful guidelines right now. The public needs to
understand and set guidelines for how the County approves or disapproves any marijuana
operations. He will support a reworded version of the draft letter.
Crawford stated he generally agrees with Councilmember Kremen, however the draft
letter must be rewritten. They must deal with the unincorporated parts of the county rather
than the entire county. It isn't time sensitive. Work on this draft letter, and come back in
two weeks with a reworded letter. He respects Councilmember Brenner's efforts. Add a
paragraph that says the Cities will deal with the issue within their own jurisdictions. Deal
only with unincorporated areas of the county. He has much sympathy for the Clearbrook
residents, and a part of him hopes they can specifically address that issue.
Mann stated he's annoyed the original information the Council received is inaccurate.
He doesn't appreciate the State changing its decision. Regarding the letter, he needs more
understanding from the Sheriff or other experts about what specifically is harmful from a
legal grow operation. He understands the criminal element that existed when the use was
illegal. If it's legal now, and there are processes in place for inspection and guidelines, he
doesn't think a bunch of people will be hanging around smoking weed and harassing people.
He needs more understanding about what the data says about proximity to a legal grow
operation, if that data exists. He agrees with the letter. Tell the State it should not accept
applications until it completes its rulemaking. He supports the intention of the letter. Send
the message that the State must figure out what it's doing so the County can then make its
rules.
Browne stated deal with one issue of the Delta 9 property specifically with the Liquor
Control Board. The second issue is an overall comment about what the County wants to do.
Split those two issues from each other.
Buchanan stated they need a set of parameters to apply to all applicants equally and
fairly, rather than doing a spot zone. Look at the big picture to come up with the
parameters they want about where these operations can go and then apply those
parameters fairly.
Weimer stated he agrees with Councilmember Brenner about bringing this issue
forward. This is not an appropriate letter, which says it won't happen anywhere in Whatcom
County. Hold this in a committee for a couple of weeks until they craft a letter. They need
Whatcom County Council, 1/28/2014, Page 13
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more understanding of how the County may object to certain applications such as the Delta
9 proposal, and send a letter asking them to put the Delta 9 project on hold until the County
can address zoning. This will also be a time drain on Planning staff, so they need to talk to
the Executive. He prefers to hold this item and get a better understanding of these issues.
Brenner stated approve the letter sooner rather than later because the applications
are already submitted. They may be vested. The State put the County in this position.
Whatcom County has received over 300 applications, and it receives more every day. All
the applicants who spoke to her want to do their operations in industrial land, not
agricultural land. The County doesn't have rules in place to allow the operation in industrial
or light industrial zones. Those are the kinds of amendments the Council must make. Legal
or not, marijuana is a valuable product. In the middle of nowhere, it will attract a criminal
element, and the County Sheriff can't adequately patrol the operations. The County Code
must allow the operation in areas where its appropriate.
Mann stated he needs to understand the concerns better. He doesn't minimize the
concerns. Other valuable things exist in remote areas. He doesn't have enough data to
know about the possibility of a criminal factor in an agricultural area.
Kremen stated the Legislative Steering Committee has found that the State's
proposal is for the State to take all revenue generation by the sale and distribution of
marijuana, with the exception of the sales tax. Therefore, Whatcom County would get .15
percent of the sale of the product. The State is going to make millions of dollars. The local
government will be responsible and obligated to enforce, regulate, and spend time writing
regulations. The County is better - protected with rules and guidelines for permitting the
operations. There is a collective effort by the Association of Counties and Association of
Cities to request the legislature allow local governments to be made whole financially. The
State says it needs all the money for education. Be aware of the revenue issues as they
develop a structure for dealing with the production and processing and sale of marijuana.
(9:41:25 PM)
Jack Louws, County Executive, stated a letter to the Liquor Control Board is
appropriate on behalf of the people of Clearbrook and also for Whatcom County to ask the
Liquor Control Board to delay approval of applications at this time. It's in the County's best
interest now to put together a potential ordinance that would account for security issues
that include sight lines, setbacks from residential areas, and police response times. There
are also fire flow issues. Create a good set of regulations to deal with concerns countywide.
The County is obligated to treat applicants equitably. They can't pick and choose which
applicants they like and don't like. The County must take care of this long -term. The
County received advice from the Prosecuting Attorney on how to handle it. The Sheriff
attached a letter to all the applications. The Planning and Development Services
Department is looking at it from a technical standpoint of whether it meets the zoning for a
grow operation or for a sale or distribution operation. The County must do more. The
County does have law enforcement issues with grow operations and has some instances of
armed robbery. The Council should develop and send a letter in the next couple of weeks.
He would also like Council direction on developing interim and permanent County
regulations that allows grow, process, and sale in a more controlled environment.
Brenner stated counties do not have anything to do with what happens with
development inside the cities.
Whatcom County Council, 1/28/2014, Page 14
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Browne stated the Liquor Control Board's 20 -day timeframe was during the Council's
recess. They only have six days left to extend the timeframe that allows the County to
object.
Crawford moved that: 1. The County Council Chair and Councilmember Brenner
work with the County Executive to compose a letter to bring back for Council approval
regarding issues discussed at this meeting, including a paragraph about revenue. The letter
should ask to put applications in unincorporated Whatcom County on hold; and 2. At the
same time, immediately write a letter about the Clearbrook Delta 9 application and mail it
as soon as possible, within the next day or two.
Browne stated they must fill out the form and send it with the letter.
Mann stated he likes the letter Councilmember Brenner wrote because it's very clear.
If the Council is allowed to do something, the councilmembers must educate themselves
and receive a presentation about the risks, and put reasonable siting criteria into place.
Kremen stated the letter must be more specific to Whatcom County. It's
inappropriate to ask on behalf of all the State residents. The letter needs some finessing.
He supports the spirit of the letter and intent of the letter. Most of the related crime that
will occur in the unincorporated areas and in the municipalities will be felonies. The cost of
all felony crime is borne by the County, regardless of the jurisdiction where the crime
occurred. It will be a major hit to the criminal justice funding system, which is already
beleaguered. It will take a significant amount of revenue to implement and enforce this
initiative.
Weimer asked if someone has already filled out the form regarding the Delta 9
proposal. Louws stated the form has already been filled out and submitted to the
Washington State Liquor Control Board. The County Council would send a separate
attachment to the Executive's and Sheriff's response. Copy the legislative representatives
in the 40th and 42nd Districts.
Brenner stated she will work with Council Chair Weimer to craft the letters.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Kremen moved that the Council ask the Executive to work with the appropriate
staff, including Health Department, Sheriff's Office, Planning Department, and legal counsel
on developing parameters, guidelines, and structure with which the County can create a set
of rules and regulations to implement Initiative 502 fairly and protectively.
Browne stated an ancillary issue is industrial hemp. It might be an opportune time
to think through that issue also.
issue.
Brenner stated she doesn't know if hemp grown for clothing and similar items is an
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 1/28/2014, Page 15
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1. LETTER TO SUPPORT THE CULTURAL ACCESS WASHINGTON'S LEGISLATION
TO PROVIDE COUNTIES THE OPPORTUNITY TO INCREASE ACCESS TO
CULTURAL EXPERIENCES FOR CITIZENS (9:59:15 PM)
Buchanan submitted a draft letter and stated this legislation allows counties to put
this on the ballot for citizens to support and create a publicly funded cultural access
program. He moved to send a letter supporting the legislation. The legislation allows
counties to put a tax levy on the ballot to publicly fund this.
Crawford asked if it gives County legislators the opportunity to levy the tax.
Buchanan stated it does not.
Crawford stated he is against this. This is simply another tax. If the folks in the arts
community can get this passed through the legislature, then the County can look at it. He
would be interested about whether the tax would go on the ballot or be enacted by the
County Council.
Kremen stated this issue has not come up before the Legislative Steering Committee.
He would like to see the bill and do some research on it. He will not take a position until he
finds out if it is councilmanic or gives them the option to go out to the people. He is
reluctant passing it without a vote of the people. There are other critical issues that need
additional funding. He'd like more information before taking position.
Weimer stated he supports the concept of sending the letter if they are encouraging
a vote of the people. He suggested a friendly amendment that the letter only is sent if
it requires a vote of the people.
Buchanan accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6)
Nays: Crawford (1)
UPDATE FROM MIKE MCKENZIE, LUMMI ISLAND FERRY ADVISORY COMMITTEE
(AB2014 -063)
Brenner reported for the Public Works, Health, and Safety Committee and stated
councilmembers offered to attend their meetings. She hopes the administration will allow
Public Works Department staff to attend. They're making progress.
2. RESOLUTION SUPPORTING INCREASED SAFETY STANDARDS FOR RAIL TANK
CARS THAT TRANSPORT OIL, ETHANOL, AND OTHER FLAMMABLE LIQUIDS
THROUGH WHATCOM COUNTY, AND CALLING ON THE FEDERAL U.S.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION TO
ADOPT AS SOON AS POSSIBLE RULES REQUIRING SAFETY RETROFITTING
OF EXISTING RAIL CARS (AB2014 -064)
Weimer submitted a resolution and stated there has been a rash of tank railcar
accidents in the country and Canada. Whatcom County and the City of Bellingham have rail
cars travel through about once per day. The administrator from the DOT who oversees this
will be in Bellingham in the next ten days. If approved tonight, they can hand the letter to
her. He moved to approve the resolution.
Whatcom County Council, 1/28/2014, Page 16
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Crawford stated he would like to have received the proposed resolution sooner.
Weimer read the resolved portion of the resolution.
Jack Louws, County Executive, gave a staff report and stated a company bought
nearly 2,000 new cars that meet post -2011 regulatory requirements. He met with
Congressman Larson last week, and they discussed the rail safety issue. He believes the
new standards will be implemented by the end of 2014. Of the 2,000 cars the company
bought, a couple hundred will be assigned to the Pacific Northwest corridor. The company
will also retrofit cars to the new standard. Most believe the tank cars will have to have a
complete double -wall construction with reinforced bulkheads and additional shielding on the
valve system. Both British Petroleum (BP) and Phillips 66 are ahead of the majority of the
United States regarding rail car construction, and have committed to bring the newest and
latest cars to the Pacific Northwest.
Weimer stated there has been a push for railcar reform for nearly 20 years. Because
of the rash of recent tragedies, it may get done by the end of this year.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Browne reported that serving on the County Council is a fascinating job.
Buchanan reported that he attended the Emergency Management System (EMS)
Oversight Board meeting last Friday. They discussed committee organization. It was very
informative. He looks forward to the process moving forward.
Weimer reported that Councilmembers Browne, Brenner, and Weimer attended the
agricultural community meeting regarding water issues in Lynden. It was one of the best
water meetings he's been to in years. The agricultural community has a scheme for getting
organized and generating money so they can respond to all the confusion from the
Department of Ecology and others.
Brenner reported that the County should send a letter to the agricultural coalition
about the Planning Unit.
Weimer stated Henry Bierlink is the agricultural representative on the Planning Unit.
All the members who participated have been involved in the Planning Unit for years.
Kremen reported he is encouraged that the farming community, environmental
organizations, and Tribes are trying to get legal water rights for the agricultural lands.
Whatcom County's agriculture farm gate is in the top one -half of one percent in the nation.
He wants agricultural land owners and farmers to be able to legally farm with water rights,
but not at the expense of private property owners.
He also reported about a meeting at the Lummi administrative building with elected
and other officials that was very positive and uplifting. The time was productive and well -
spent.
Whatcom County Council, 1/28/2014, Page 17
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Brenner stated she agrees with Councilmember Kremen regarding the meeting at the
Lummi administrative building.
Browne stated he concurs.
ADJOURN
The meeting adjourned at 10:16 p.m.
The Council approved these minutes on March 11, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 1/28/2014, Page 18