HomeMy WebLinkAboutCouncil May 6 20141
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WHATCOM COUNTY COUNCIL
Regular County Council
May 6, 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
(7:02:13 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete
Kremen, Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
The Council observed a moment of silence in memory of Nisqually Tribe member,
environmentalist, and treaty rights activist Billy Frank Jr.
Weimer announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding appeal of Growth Management Hearings Board Case No. 12 -2-
0013 (AB2014 -018) in executive session during the Committee of the Whole meeting.
SPECIAL PRESENTATION
1. EXECUTIVE LOUWS TO READ PROCLAMATION REGARDING WSU EXTENSION
100TH ANNIVERSARY (AB2014 -017)
Jack Louws, County Executive, read the proclamation and introduced Washington
State University (WSU) Extension Director Drew Betz.
Drew Betz, WSU Extension Director, introduced staff members Chris Benedict and
Beth Chisolm and members of two 4H clubs, the Bellingham Flying Chickens and the Pales
and Trails Club. They presented gifts to councilmembers and the Executive. They will have
birthday cake at the Farmer's Market on June 14 and also during the Northwest Washington
Fair.
(Clerk's Note: Discussion continued later in the meeting.)
MINUTES CONSENT
Mann moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 5/6/2014, Page 1
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1. REGULAR COUNTY COUNCIL FOR MARCH 25, 2014
2. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 8, 2014
3. REGULAR COUNTY COUNCIL FOR APRIL 8, 2014
4. BOARD OF HEALTH FOR APRIL 15, 2014
S. COMMITTEE OF THE WHOLE FOR APRIL 22, 2014
6. REGULAR COUNTY COUNCIL FOR APRIL 22, 2014
SPECIAL PRESENTATION
1. EXECUTIVE LOUWS TO READ PROCLAMATION REGARDING WSU EXTENSION
100TH ANNIVERSARY (AB2014 -017)
(Clerk's Note: Discussion continued from earlier in the meeting.)
Kremen stated the WSU Extension has played a big role in the agricultural
community in Whatcom County. Of all counties in the United States, Whatcom County had
the third highest production of milk per cow, mostly due to all the farmers educated at WSU
and the active and helpful Cooperative Extension staff. Whatcom County is also number
one in the country in seed potato production and number one in the world for red raspberry
production. Much of this success is due to the help and cooperation from WSU. He thanked
WSU for what it has meant to Whatcom County.
Brenner stated she's taken many classes at WSU Extension over the years. They've
inspired her to do things on her own instead of waiting for others to do for her. She's
impressed with all the young people here. They are the future.
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE ZONING
DISTRICT AS ADMINISTRATIVE APPROVAL USES (AB2014 -060B) (7 :15 :14
PM)
Weimer opened the public hearing, and the following people spoke:
Cynthia Sue Ripke- Kutsagoitz stated she supports the meat processing industry.
They need several choices for processing plants, including Kosher and Halas. It could be a
place that provides good paying jobs.
Greg Brown submitted and read from a certificate of disapproval of the County
Council (on file) regarding this proposed legislation.
Virginia Naef stated she supports reasonable regulations for packinghouses. The
commercial meat comes from huge slaughterhouses in the Midwest, where workers are paid
poorly and working conditions are unsafe. A local source of meat is important.
Whatcom County Council, 5/6/2014, Page 2
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Gaythia Weis stated she commends the Council for the work it does on many
complex issues. Some of these things take time and consideration to get right. Some
progress has been made to work through complicated issues. Some things in the current
proposal need correcting. The State Environmental Policy Act (SEPA) proposal is weak.
Slaughterhouses need careful environmental consideration. She's concerned about allowing
slaughterhouses in light industrial zones, because that zone is meant for light impact
businesses. It's not appropriate for this use.
Terry Wechsler, attorney, stated the petitioner's arguments aren't about whether
there is a need for slaughter facilities in the county. The issue is about process. They are
rezoning four districts, not just the agricultural zone. This is all based on prior SEPA review,
but there was no SEPA review. It's not appropriate for the light impact industrial zone.
There are no buffers or boundaries in either district. To resolve the appeal, the Council
should have started with an environmental impact statement (EIS) two years ago. Direct
the Planning Department to do an EIS for whatever zones they want to rezone. The
alternative is to allow for it to be properly handled and with enough land in rural industrial
manufacturing (RIM) and heavy impact industrial (HII) zones. Make sure small farmers can
and must use the agricultural district. Make sure proper environmental protections are in
place for waste management.
Larry Helm stated potential investors in packinghouses are now gone. There is an
economic need for two or three to have competition. They aren't protecting the farmers,
they are protecting the farmland. To protect the farmer, allow the ability to make a profit.
Adopt the ordinance to save farms.
Wendy Harris stated this ordinance will create bio- hazardous waste on the same land
they grow food. This is not a good idea. Fundamental to helping farmers is protecting
farmland, but they stopped doing this. This ordinance doesn't protect the agricultural zone
and the industry because it doesn't protect prime agricultural soil or against fragmentation.
This started out as a proposal for a small -scale slaughterhouse for the agricultural zone, but
has grown to a meat packing plant for several zones. The Council is exceeding the scope of
what this was intended to do without environmental review. The Council is undermining the
intent to help small farmers. Small slaughterhouses will not be able to compete. There's no
restriction on number, size, or location of large -scale slaughterhouses.
Max Perry stated he's been following this issue for three years. The dairy industry
and cattlemen need the ability to have slaughterhouse facilities.
Diane Foster stated she has a friend who owns a farm and is concerned about huge
companies coming to Whatcom County because of the lack of regulations. Her friend
doesn't want them fouling her water. Those businesses hire undocumented workers. They
process antibiotically grown beef and chicken that create resistant organisms.
Carole Perry stated farmers have lost confidence. The issue has been thoroughly
vetted. All the people concerned have weighed in on the issue, but many don't participate
anymore.
Hearing no one else, Weimer closed the public hearing.
Mann asked if this ordinance prohibits mobile slaughter units.
Mark Personius, Planning and Development Services Department, stated it does not.
Whatcom County Council, 5/6/2014, Page 3
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Mann stated folks were concerned they were excluding poultry. He understands that
packinghouses and slaughterhouses don't apply to poultry. They are regulated separately.
Personius stated that is correct.
Mann asked if the slaughterhouse definition should have an exclusion for poultry that
is in the packinghouse definition. Personius stated the exclusion should be in both
definitions.
Mann asked if that change would require another public hearing.
Weimer stated the administration has asked the Council to hold this item to consider
comments regarding SEPA. The Council can make amendments tonight, because they have
to hold the item anyway.
Karen Frakes, Prosecutor's Office, stated she doesn't think adding to the definition
would require another public hearing.
Mann stated he wants to vote tonight. He asked why staff realize now there is a
SEPA requirement. Personius stated the proposal has evolved. Staff has been reviewing
each change from the Council to make sure they still comply with SEPA, but they haven't
always documented that in the record. Staff wants to make sure they document the latest
change. It is a process item.
Crawford stated it's a legal technicality they have to live with. He's not excited about
the ordinance, but will vote for it. There is a need that isn't being met. The lone
slaughterhouse in the county that is U.S. Department of Agriculture (USDA)- approved
announced today it will no longer handle pork products. He hopes they can bring this back
in two weeks to vote. It's urgent they get something going soon.
Mann moved to adopt the ordinance with a change to include the poultry exclusion
langauge in the slaughterhouse definition.
Weimer stated he's against the motion because staff asked to hold this item.
Crawford asked if the SEPA review will be done in two weeks. Personius stated he
hopes they will be done in two weeks.
Crawford moved to hold in Council.
Brenner asked if this is just to put the additional information of what the Council has
already done into the record. Personius stated it is. They will review the record and
document findings and conditions to make sure SEPA is covered.
Kremen stated he appreciates the work on this issue by Mr. Personius and his staff.
He's disappointed they are putting things on hold again after they've come this far. He
asked Mr. Personius to explain in layman's terms why they are putting this off. Personius
stated there has been a great emphasis on the potential environmental impacts of
slaughterhouses. The staff worked through several iterations of the proposal in the last two
years. He and staff are satisfied they have complied with environmental requirements of
SEPA, a process they have to go through with every regulation the County adopts. This is a
non - project review under SEPA. It is broad, and not site - specific. Some folks would like an
EIS done at that level. Staff doesn't see the need for an EIS for the non - project, and there
Whatcom County Council, 5/6/2014, Page 4
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is no requirement to do so. As the regulation has evolved, they must make sure that any
change made is documented in SEPA. That's the step staff missed for tonight. There were
specific comments about this issue, which is already appealed.
Kremen asked if staff wants to be extra - careful and deliberate in developing the final
ordinance that the Council can vote on, which will have a solid legal basis. Personius stated
that is correct, because this is an appeal issue. Staff have to address comments that often
come in before a public hearing. They want to make sure everything is documented for the
record and for legal counsel.
Jack Louws, County Executive, stated he forwarded the comments from Wendy
Harris today to legal counsel. They all agreed things could be done better, which is why
they are asking for a delay with the understanding that getting it right is the correct thing to
do. Tighten it up, and vote on it in a couple of weeks. He appreciates comments from
citizens and reads them all. In this instance, this is the right action to take. Staff
throughout Whatcom County are committed to doing the best job the first time through.
This is a complicated issue. He would like to complete this in two weeks.
Brenner stated she will support holding it, but believes they must have another
hearing if there is more substantive information. Frakes stated they won't need another
public hearing. If there were motions tonight making substantive changes, another hearing
would be required. Receiving information doesn't require a hearing.
Weimer stated the version that comes forward in two weeks will include the
amended definition, which Council amended previously but wasn't included.
The motion to hold in Council carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
OPEN SESSION
The following people spoke:
• Larry Helm spoke on the issue of the proposed resolution regarding the
formation of watershed improvement districts regarding water issues
(AB2014 -153) and the Public Utility District attempting to get access to all
County rights -of -way.
• Randy Honcoop spoke on the issue of the proposed resolution regarding
the formation of watershed improvement districts regarding water
issues (AB2014 -153).
Mann stated he would like to know if it is possible to set aside certain elected
positions for small parcel owners. Honcoop stated that to include as much agricultural land
as possible, many small parcels are in the middle of intensively- farmed large fields. They
want to include those fields and that amount of acreage in this process. That's why they
have included parcels approximately five acres and larger. They are open to feedback or
response on that issue. There is no attempt by big farmers to roll over the small farmers.
He and others involved are small farmers, and they don't see an impact, but they can look
into it.
Whatcom County Council, 5/6/2014, Page 5
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• Gaythia Weis spoke on the issue of the proposed resolution regarding the
formation of watershed improvement districts regarding water issues
(AB2014 -153).
• Henry Bierlink, Farm Friends, spoke on the issue of the proposed resolution
regarding the formation of watershed improvement districts
regarding water issues (AB2014 -153), how the Planning Unit relates to
this effort, and voting requirements of watershed improvement districts
(WIDs).
• Wendy Harris spoke on the Parks Department planning effort for the new
reconveyed land.
• Karen Brown spoke on the issue of the proposed resolution regarding the
formation of watershed improvement districts regarding water issues
(AB2014 -153).
• Greg Brown spoke on the issue of the proposed resolution regarding the
formation of watershed improvement districts regarding water issues
(AB2014 -153) and the Parks Department planning effort for the new
reconveyed land.
• Carole Perry spoke on the issue of the proposed resolution regarding the
formation of watershed improvement districts regarding water issues
(AB2014 -153).
CONSENT AGENDA
(8:13:01 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through four.
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 ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND GEOTEST SERVICES, INC. TO
PROVIDE MATERIALS TESTING, INSPECTION AND GEOTECHNICAL DESIGN
SERVICES ASSOCIATED WITH THE PUBLIC WORKS DEPARTMENT'S ANNUAL
CONSTRUCTION PROGRAM, IN THE AMOUNT OF $330,000 (AB2014 -173)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HKP ARCHITECTS, LLP FOR
THE WHATCOM COUNTY COURTHOUSE BUILDING CONDITION SURVEY, IN
THE AMOUNT OF $507,856.67 (AB2014 -174)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE NOOKSACK
SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO THE YOUTH, IN
THE AMENDED AMOUNT OF $114,000, FOR A TOTAL CONTRACT AMOUNT OF
$242,000 (AB2014 -175)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE MT BAKER
SCHOOL DISTRICT FOR BEHAVIORAL HEALTH SERVICES TO THE YOUTH, IN
Whatcom County Council, 5/6/2014, Page 6
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THE AMENDED AMOUNT OF $115,000, FOR A TOTAL CONTRACT AMOUNT OF
$245,000 (AB2014 -176)
OTHER ITEMS
1. RESOLUTION DECLARING THE WHATCOM COUNTY COUNCIL'S SUPPORT OF
THE AG DISTRICT COALITION AND THE FORMATION OF WATERSHED
IMPROVEMENT DISTRICTS TO ENCOMPASS AGRICULTURAL LANDS IN
WHATCOM COUNTY TO PROVIDE A VOICE FOR THE AGRICULTURE
COMMITTEE REGARDING WATER ISSUES (AB2014 -153) (8:13:26 PM)
Buchanan reported for the Natural Resources Committee and stated the committee
made no recommendation to the Council. He moved to hold this item in committee or
Council until there is more information available.
Crawford stated he earlier indicated he doesn't want this back in committee, but he
has reconsidered.
Buchanan amended his motion and moved to hold in Natural Resources
Committee.
Browne stated he supports the motion and the concept of a watershed improvement
district (WID). He suggests not requiring non - agriculture properties to be taxed if there
aren't clear benefits.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
1. NOMINATION AND APPOINTMENT TO FILL ONE VACANCY ON THE
LYNDEN /EVERSON FLOOD CONTROL SUB -ZONE ADVISORY COMMITTEE —
APPLICANT: HANK ROORDA (AB2014 -170) (8 :15:39 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
Browne moved to nominate and appoint Hank Roorda.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
INTRODUCTION ITEMS
Crawford moved to accept Introduction Items one through three, five, and six.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Whatcom County Council, 5/6/2014, Page 7
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1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE
NO. APL2013 -010, FILED BY DANNON TRAXLER, ATTORNEY FOR ROBERT
WILSON REGARDING APPLICANT'S REQUEST FOR A HARDSHIP EXTENSION
REGARDING THE EXPIRATION OF THE SHORT PLAT (AB2014 -137)
2. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $1,911,591 (AB2014 -178)
3. RESOLUTION AMENDING THE 2014 FLOOD CONTROL ZONE DISTRICT
BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $4,725 (AB2014 -179)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors.)
4. ORDINANCE GRANTING PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM
COUNTY, A WASHINGTON MUNICIPAL CORPORATION, A FRANCHISE AND
THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO LOCATE, SET,
ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT,
MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN,
UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA
TO ALLOW FOR THE PROVISION OF WATER SERVICES (AB2014 -180)
This item was withdrawn from the agenda.
5. ORDINANCE ESTABLISHING CHARGES /FEES FOR PROVIDING ADVANCED
LIFE SUPPORT (ALS) AMBULANCE TRANSPORT SERVICES IN WHATCOM
COUNTY (AB2014 -121A)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 3.08,
PURCHASING SYSTEM, TO MODIFY THE REQUIREMENTS FOR BID
SPECIFICATIONS, DEPOSITS, AND AWARDS (AB2014 -183)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
(8:16:39 PM)
PRESENTATION BY PLANNING AND DEVELOPMENT SERVICES STAFF ON ISSUES
EFFECTING COUNTY CODE COMPLIANCE AND ENFORCEMENT (AB2014 -177)
Mann reported for the Planning and Development Committee and moved to request
that the administration have the Planning Department review the code for their existing
enforcement difficulties and challenges, and bring to the Council an ordinance that updates,
streamlines, and clarifies the code to address those challenges.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7)
Nays: None (0)
Brenner reported that she has information for the Council that they discussed at last
week's Surface Water work session regarding requirements for the Council to approve Joint
Board expenditures.
Whatcom County Council, 5/6/2014, Page 8
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Browne reported that he attended a conference in New York about agricultural
prospects in the future and also visited the 9/11 memorial and the original small museum.
Brenner reported that she attended a fundraiser recently for three local people who
are battling cancer. She acknowledged former Councilmember Bill Knutzen, who organized
the event, which was impressive.
Crawford referenced a letter regarding snowmobiling on Mt. Baker and asked if the
Council is interested in putting forward a resolution. He also reported on the recent
purchase of development rights (PDR) tour. He learned that it is not just a matter of the
Council paying someone to not develop. In Mr. Ebe's situation, the PDR program money
was supplemented by his funds, so his project became economically viable, which alters his
feelings about the program. There are now more acres available. It was profound to realize
the money could be used in that way.
Brenner stated the recent Farm Friends newsletter included information that shows
the amount of acreage in Whatcom County that is in productive farming, which is much
more than 100,000 acres.
Weimer stated he will miss the Council meeting on May 20 because he will be in
Washington D.C.
Crawford stated the Department of Agriculture said the farm gate value in Whatcom
County is more than $350 million annually.
ADJOURN
The meeting adjourned at 8:26 p.m.
The Council approved these minutes on June 3, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 5/6/2014, Page 9