HomeMy WebLinkAboutCouncil July 22 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
July 22, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:15 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was discussion with County Executive Jack Louws
regarding potential property acquisitions (AB2014 -018) in executive session during
the Committee of the Whole meeting.
MINUTES CONSENT
1. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 17, 2014
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.13,
WIRELESS COMMUNICATIONS FACILITIES, TO STREAMLINE PERMIT
PROCESSING ON ROUTINE WIRELESS COMMUNICATION EQUIPMENT
UPGRADES ON EXISTING, APPROVED, AND CONFORMING SITES; ADD A
NEW SECTION ON PERMITTED USES; REORGANIZE THE CHAPTER TO BETTER
MATCH THE ORGANIZATION OF OTHER TITLE 20 CHAPTERS; AND AMEND
CHAPTER 20.97 — DEFINITIONS (AB2014 -256) (7:17:24 PM)
Erin Osborn, Planning and Development Services Department, gave a staff report.
This streamlines administration of the code and eliminates duplicative review. Planning
Commission reviewed and held hearings on the ordinance. Staff received a memo from
AT &T representative (on file) regarding inconsistencies with federal law. Staff does not
agree there is an inconsistency. There are no nonconforming sites.
Whatcom County Council, 7/22/2014, Page 1
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Mann asked about a performance bond issue. Osborn stated staff recommends that
the issue exceeds the scope, and that there be a financial analysis of keeping or removing
performance bonds.
Brenner stated citizen concerns were about setbacks. She asked if this is what exists
now. Osborn stated it is. It's important that public notice be maintained on new sites.
There are provisions in the new language to require that administrative approval.
Weimer stated this comes to the Council with unanimous approval. He opened the
public hearing, and the following people spoke:
Kay Sardo spoke about an unrelated topic.
Carol Tagayun, AT &T Director of External Affairs, stated she thanks staff for their
time and work invested in this process. This ordinance will work for her industry and also
address community concerns. AT &T is involved because this ordinance impacts deployment
of wireless technology. There has been large growth of wireless technology in households
and businesses. She supports the ordinance, which streamlines the process. There are
opportunities for additional streamlining.
Kristen Larson, Busch Law PLLC, stated she represents AT &T. There are two
opportunities for additional streamlining. First, place modifications of existing
nonconforming uses, should they exist in the County, that do not substantially change the
physical dimensions of the facility under proposed Whatcom County Code (WCC) 20.13.040.
These proposals must be approved under federal law. These proposals are subject to State,
federal, and local laws. There is no compelling public benefit to subjecting a proposal to the
time and expense of a conditional use permit application process and Hearing Examiner
process. Second, remove WCC 20.13.062(11), for which no changes are recommended by
Planning Commission or staff at this time. It's duplicative of section 20.13.150. The County
can use its existing code enforcement authority to ensure non - operating facilities are
removed at the owner's expense.
Hearing no one else, Weimer closed the public hearing.
Brenner moved to adopt the ordinance. She asked if the performance bonds would
have to be done separately. Osborn stated the speaker's point is that a performance bond
is burdensome to an applicant every time a project proponent wants to add new antennae.
Removing the performance bond measure would require additional research.
Browne asked if a new bond is required each time there is a change to an existing
facility or just when there is a new facility. Osborn stated the bond requirement would have
to be reviewed to ensure the amount of money set aside could cover the cost of removal,
should the County be required to remove that portion of the facility.
Browne asked the logic of needing a new bond when streamlining the process. The
liability to remove the tower wouldn't change. Osborn stated the permitted use section
doesn't have anything to do with the performance bonds. The streamlining aspect of the
amendment is that it's a principal use to add on or replace equipment, but it doesn't exempt
it from performance standards in the code, including a performance bond.
Browne asked how many towers are on County property and why the County would
require a performance bond for something located on private property. Osborn stated there
are few on County property. She doesn't know why they require it on private property.
Whatcom County Council, 7/22/2014, Page 2
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She explained the history of this code, which was copied from a model code that other
counties and cities also adopted. It is an issue that needs more consideration and seems to
be beyond the scope of this amendment.
Weimer stated the Planning Commission asked that the performance bond issue
come back for more research and clarification.
Browne stated he supports performance bonds on County land, but not on private
lands.
Crawford asked if legal counsel has reviewed whether there is an inconsistency with
federal law. Osborn stated legal counsel agreed that an inconsistency would exist if the
County Code interfered with the implementation of federal law. The County has a process
for approval, which is the conditional use permit process.
Browne stated that in addition to a tower's size, its visual appearance, output,
impact on wildlife, and transmitted frequency can change. He asked if the code allows
those characteristics to change. Osborn stated visual appearance must comply with the
County Code. Frequency, transmission, and emissions are regulated by the Federal
Communications Commission (FCC).
Browne stated increasing or changing the power output could affect the
neighborhood. He asked if this ordinance gives up the County's ability to review power
output when there are changes. Osborn stated they must still comply with performance
standards. None of those are changing, so they still apply.
Mark Personius, Planning and Development Services Department, stated the power
output is regulated by the FCC. The County doesn't regulate the power output, only where
they are located and how tall they can be. The changes in this ordinance are related to
replacement of existing towers or their components.
Weimer stated federal regulations preclude the County from dealing with power
output issues.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
OPEN SESSION
(7:51:41 PM)
The following people spoke:
• Kay Sardo submitted and read from a handout (on file) and spoke about the
County jail system and proposed mental health court.
• Greg Brown spoke about the process to update the Coordinated Water
Systems Plan and funding the water action plan.
• Bob Seaman spoke about code violations by his neighbor, Beacon Battery,
and about finding money to augment County enforcement staff for code
violations.
Jack Louws, County Executive, gave a staff report and stated the administration is in
the process of hiring code enforcement staff.
Whatcom County Council, 7/22/2014, Page 3
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CONSENT AGENDA
(8:06:20 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through three and five. Item four is held in
committee.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED FUNDS MORE
THAN TWO YEARS OLD FROM THE WHATCOM COUNTY JAIL INMATE TRUST
FUND (AB2014 -264)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS TO VERIFY
THE ADDRESS AND RESIDENCY OF ALL REGISTERED SEX OFFENDERS AND
KIDNAPPING OFFENDERS IN ACCORDANCE WITH RCW 9A.44.130, IN THE
AMOUNT OF $143,090.49 (AB2014 -265)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MAUL, FOSTER & ALONGI,
INC. FOR UPDATE TO THE COMPREHENSIVE SOLID AND HAZARDOUS WASTE
MANAGEMENT PLAN, IN THE AMOUNT OF $87,981 (AB2014 -266)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND RH2 ENGINEERING, INC. FOR
THE UPDATE OF THE WHATCOM COUNTY COORDINATED WATER SYSTEM
PLAN — REGIONAL SUPPLEMENT, IN THE AMOUNT OF $174,776 (AB2014-
267)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF AUTO PARTS FOR THE REMAINDER OF 2014 THROUGH
AUGUST 2015, USING THE WASHINGTON STATE CONTRACT, FROM AUTO
ZONE STORES, CARQUEST AUTO PARTS (DBA NAPA), MOTION AUTO
SUPPLY, AND SEATTLE AUTOMOTIVE DISTRIBUTING, IN AN ESTIMATED
AMOUNT OF $80,000 (AB2014 -268)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $790,206 (AB2014 -255)
(8:07:12 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
Whatcom County Council, 7/22/2014, Page 4
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2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LAND DEVELOPMENT AND
ENGINEERING SERVICES, INC. FOR CONSTRUCTION INSPECTION SERVICES
FOR THE BEACHWAY DRIVE AND FERN /PARK STORMWATER
IMPROVEMENTS PROJECT, IN THE AMOUNT OF $37,440 (AB2014 -260)
(8:08:12 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.
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 BETWEEN WHATCOM COUNTY AND TETRA TECH, INC. FOR
CONSTRUCTION INSPECTION SERVICES FOR THE BEACHWAY DRIVE AND
FERN /PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF
$50,924 (AB2014 -261) (8 :08 :51 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.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ROSARIO ARCHAEOLOGY, LLC
FOR CULTURAL RESOURCE INVESTIGATIONS FOR THE BEACHWAY DRIVE
AND FERN /PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT
OF $34,874.40 (AB2014 -262) (8 :09 :18 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.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONSTRUCTION CONTRACT BETWEEN WHATCOM COUNTY AND THE LOW
BIDDER, LEN HONCOOP GRAVEL, INC. FOR THE BEACHWAY DRIVE AND
Whatcom County Council, 7/22/2014, Page 5
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FERN /PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF
$520,923.39 (AB2014 -263) (8 :09:38 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.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND
COMMISSIONS, TO CHANGE APPLICATION DEADLINES (AB2014 -258)
(8:10:04 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance. He stated he is opposed to the ordinance. Many folks don't
hear about positions early on, and will often read about it at the last minute, sometimes
through the media. It's common for the Council to receive applications at the last minute.
Allow every opportunity for people to apply. He's not sure how the Council is served by
moving the deadline up a week.
Brenner moved to add language to let people know that even if the application is
late the Council has the ability to hold the appointment to the next meeting.
Kremen stated he is against the motion to amend and supports the ordinance. A
deadline is a deadline. The Council must make wise and informed decisions. They must
know who they are considering when making appointments. Good government requires
informed decisions, not decisions made at the last minute.
Browne stated the Council is allowed to hold the decision. There's no need for the
motion to amend. People submit applications according to the deadline, which right now is
4:00 p.m. the day of the meeting. If the deadline changes to a week earlier, people will
submit their applications a week earlier because that's the deadline.
Brenner stated they must accommodate and respect these volunteers. Most
members of the public don't know the deadline. Include language about holding approval in
the resolution.
Kremen stated it's wise to have a deadline to enable applicants to submit their
applications in time for publication in the Council packet.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6)
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
7. RESOLUTION AMENDING WHATCOM COUNTY CODE 100.02, FLOOD
CONTROL ZONE DISTRICT ADVISORY COMMITTEE VACANCIES, AND
Whatcom County Council, 7/22/2014, Page 6
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WHATCOM COUNTY CODE 100.06, SUBZONE ADVISORY COMMITTEE
VACANCIES (AB2014 -259) (8 :19:37 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.
The motion to adopt carried by the following vote:
Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6)
Nays: Crawford (1)
8. RESOLUTION ESTABLISHING A POLICY FOR ACRONYM USE IN DOCUMENTS
SUBMITTED TO THE COUNTY COUNCIL (AB2014 -276) (8 :20 :48 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 substitute resolution.
Kremen stated he supports the resolution and suggested a friendly amendment to
amend language in the resolved section, "Now, Therefore, Be It Resolved that the Whatcom
County Council requests th-at the Executive directs staff to prepare documents..."
Browne accepted the friendly amendment.
Brenner asked Executive Louws if he accepts the word "direct" in the resolved
section.
Jack Louws, County Executive, stated he is fine with the language as presented.
When the new website is deployed, he will take latitude in terms of how this is rolled out to
the staff and departments. There are ways to simplify the process so it doesn't become
another task. Get department website staff to keep up on this and integrate it into daily
workflow.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
9. RESOLUTION COMMENCING THE COORDINATED WATER SYSTEM PLAN
UPDATE PROCESS (AB2014 -253)
Brenner reported for the Public Works, Health, and Safety Committee and stated this
item is held in committee.
EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENTS
OF BRENT WALKER AND DUNHAM GOODING TO THE BELLINGHAM-
WHATCOM PUBLIC FACILITIES DISTRICT (AB2014 -269) (8 :28 :23 PM)
Whatcom County Council, 7/22/2014, Page 7
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Kremen moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
INTRODUCTION ITEMS
(8 :28 :45 PM)
Crawford moved to accept the Introduction Items.
Browne asked for a map for Introduction Items two and three.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING WCC 12.60 — ROAD NAMING SYSTEM (AB2014 -270)
2. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN THE
CITY OF FERNDALE (AB2014 -271)
3. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN
UNINCORPORATED WHATCOM COUNTY (AB2014 -272)
4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST, IN THE AMOUNT OF $60,813 (AB2014 -273)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.06, GRANT
APPLICATIONS, TO CLARIFY REQUIREMENTS FOR GRANT APPROVAL AND
APPROVAL EXEMPTIONS (AB2014 -275)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(8:29:21 PM)
Buchanan reported for the Natural Resources Committee and stated there was a
presentation and discussion of a memorandum from the Forestry Advisory
Committee detailing the Committee's concerns regarding loss of forest land and
suggested measures that can be taken to achieve no net -loss of working forests
(AB2014 -274). The Committee has asked for more information from the Advisory
Committee.
Brenner reported she attended a water forum at Silver Reef Casino that was
extremely informative. The meeting may be online and available for people to view.
Browne reported that he attended a Birch Bay discussion on water law, and learned a
lot of new information. Second, he had the privilege of being on a berry harvester to
harvest blueberries. Last, he attended the Flood Control Zone District Advisory Committee.
Whatcom County Council, 7/22/2014, Page 8
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The Board believes the flood fund is just for floods. The Revised Code of Washington (RCW)
says it is for flood, stormwater, and water quality issues. There is little understanding of
the guidelines for prioritizing projects. Flood control board funding is governed by RCW
86.15.080 and WCC 100.05.040. It may be necessary to change the name of the board to
be clearer about how the funds can be used. Every time the County spends money on
something other than a flood, some board members think the County is doing the wrong
thing, but it's not.
Kremen stated the State law originally made the flood tax or fee more restricted. It
has evolved and is now less restrictive and can be used for a number of things.
Weimer reported that he is speaking with the Point Roberts Taxpayers Association
tomorrow.
Crawford reported that the boat launch at Big Bear Lake in Southern California has a
big sign that addresses aquatic invasive species and boat inspections. Also, he will not be
able to attend the next Council meeting.
Jack Louws, County Executive, reported that he thanks the councilmembers for their
work at the surface water work session last week. Twenty -one percent of the existing
watershed residences are in the city, and 79 percent are in rural Whatcom County. If the
amount in the urban growth area (UGA) is included with the city number, the split is 45
percent and 55 percent. At full buildout, there will end up being 3,380 residences in the city
and 5,290 in rural Whatcom County. Whatcom County government plays a big role in the
amount of buildout in the watershed and around Lake Whatcom. That's why the County
must continue to be an active participant in what's going on out there. He is thankful for
the progress made in the last few years and looks forward to partnering with the City to
protect the watershed and drinking water.
ADJOURN
The meeting adjourned at 8:40 p.m.
The Council approved these minutes on September 30, 2014.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 7/22/2014, Page 9