HomeMy WebLinkAboutCouncil February 14 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
February 14, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7:02:22 PM)
Kershner announced there was discussion with Assistant Chief Deputy
Prosecutor Daniel Gibson regarding pending litigation (AB2012 -018) in executive
session during the Committee of the Whole meeting.
MINUTES CONSENT (7:02:58 PM)
Knutzen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR JANUARY 10, 2012
2. REGULAR COUNTY COUNCIL FOR JANUARY 10, 2012
3. COMMITTEE OF THE WHOLE FOR JANUARY 24, 2012
Whatcom County Council, 2/14/2012, Page 1
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PUBLIC HEARINGS
1. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — KULSHAN
COMMUNITY LAND TRUST AFFORDABLE HOUSING GRANT (AB2012 -064)
(7:03 :32 PM)
Kershner opened the public hearing and, hearing no one, closed the public hearing.
OPEN SESSION (7:07:04 PM)
The following people spoke:
• Daniel Jung spoke on the Ordinance adopting amendments to the Whatcom
County Comprehensive Plan and zoning maps to create a Mineral Resource
Lands designation and zoning overlay off of Doran and Bowman Roads in the
South Fork Nooksack Valley, south of Acme (AB2011 -232).
• Bob Burr spoke about issues relating to the County jail.
• Charles Law spoke about the South Fork mine expansion (AB2011 -232).
• James Bauckman spoke about the South Fork mine expansion (AB2011 -232)
and about public schools and charter schools.
• Wendy Harris spoke about protecting wetlands and mitigation requirements.
• Laura Leigh Brakke spoke about a Growth Management appeal.
• (Clerk's Note: The speaker following Laura Leigh Brakke requested that
his /her testimony not be included in the minutes. The speaker's testimony is
available on the meeting's audio recording.)
• Richard Eggemeyer spoke about the land reconveyance from the State
Department of Natural Resources (DNR).
• Michelle Luke spoke the South Fork mine expansion (AB2011 -232).
• Doug Campbell South Fork mine expansion (AB2011 -232).
• David Wallin, submitted a handout (on file) and spoke about the
reconveyance of land from DNR in the Lake Whatcom watershed.
• Chris Johnson spoke about the South Fork mine expansion (AB2011 -232).
• Ed McGill spoke about the South Fork mine expansion (AB2011 -232).
Kershner moved to postpone the rest of the open session testimony regarding the
South Fork mine expansion (AB2011 -232) until that item comes up on the agenda later in
the meeting.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer and Kershner (4)
Nays: Brenner, Knutzen and Mann (3)
• Bonnier Barker spoke about the value of money versus the value of life.
• Bill Lee spoke about the ordinance establishing the Lummi Island Ferry
Advisory Committee (AB2012 -044).
(7:45:38 PM)
Stu Clark spoke about the ordinance establishing the Lummi Island Ferry
Advisory Committee (AB2012 -044).
Harriet Spanel spoke about the reconveyance of land in the Lake Whatcom
Watershed.
Whatcom County Council, 2/14/2012, Page 2
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Nick Guilford submitted a handout (on file and spoke about the South Fork
mine expansion (AB2011 -232).
Jean Melious spoke about the ordinance amending the Whatcom County
Comprehensive Plan Map and Zoning Map to remove a Mineral Resource
Lands (MRL) zoning overlay from the existing Rural (R10) zone and change
the MRL designation to Rural for approximately 90 acres on Aldrich Road
(AB2011 -435)
Larry Helms spoke about the Lake Whatcom watershed land reconveyance
and jail conditions.
CONSENT AGENDA (7:55:49 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 12.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM FOR ECONOMIC DEVELOPMENT INVESTMENT
FUNDING FOR THE WEST BAKERVIEW OVERPASS PROJECT, IN THE AMOUNT
OF A $350,000 LOAN AND A $300,000 GRANT (AB2012 -072)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM AND THE PORT OF BELLINGHAM FOR THE WEST
BAKERVIEW OVERPASS PROJECT, IN THE AMOUNT OF $100,000 (AB2012-
073)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND VIC UNICK
CONSTRUCTION, INC. FOR THE DRAYTON HARBOR ROAD BEACH EROSION
REPAIR PROJECT, IN THE AMOUNT OF $35,477.90 (AB2012 -074)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
COUNTY HOUSING AUTHORITY TO ASSIST IN COLLECTING, ORGANIZING,
AND PREPARING DATA AND REPORTS RELEVANT TO THE HOUSING
AUTHORITY PROPERTIES AND TENANTS AS WELL AS PROVIDING SUPPORT
FOR THE CRIME ANALYSIS UNIT, IN THE AMOUNT OF $54,820 (AB2012-
075)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE U.S. DEPARTMENT OF
AGRICULTURE FOREST SERVICE TO PROVIDE A DEPUTY TO PATROL THE MT.
BAKER - SNOQUALMIE NATIONAL FOREST, IN THE AMOUNT OF $64,500
(AB2012 -076)
Whatcom County Council, 2/14/2012, Page 3
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6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND BIRCH BAY LIONS
CLUB FOR A BUILDING AT BAY HORIZON PARK TO OPERATE A HOSTEL
(AB2012 -077)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF THE ANNUAL 2012 SUPPLY OF WATERBORNE TRAFFIC LINE
PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS USING AN
INTERLOCAL AGREEMENT WITH LEWIS COUNTY THROUGH VENDOR
SHERWIN WILLIAMS, INC., IN THE AMOUNT OF APPROXIMATELY $450,000
(AB2012 -078)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12 -06
TO THE LOW BIDDER, BUD CLARY CHEVROLET, FOR THE SUPPLY OF TWO
REPLACEMENT PICKUP TRUCKS FOR USE BY PUBLIC WORKS MAINTENANCE
AND OPERATIONS, IN THE AMOUNT OF $52,704.22 (AB2012 -079)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF THE ANNUAL 2012 SUPPLY OF WATERBORNE TRAFFIC LINE
PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS USING THE
WASHINGTON STATE CONTRACT THROUGH VENDOR ALPINE PRODUCTS,
INC., IN THE AMOUNT OF APPROXIMATELY $450,000 (AB2012 -080)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE
PURCHASE OF GPS SURVEY EQUIPMENT USING THE WASHINGTON STATE
CONTRACT THROUGH VENDOR PPI GROUP, IN THE AMOUNT OF $38,381.54
(AB2012 -081)
11. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR
PROPERTY TAX REFUNDS (AB2012 -082)
12. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
(AB2012 -083)
OTHER ITEMS
1. RESOLUTION AMENDING WHATCOM COUNTY CODE 100.06, SUBZONE
ADVISORY COMMITTEES, REGARDING MEMBER REQUIREMENTS (AB2012-
045) (7:57:05 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Weimer reported From Natural Resources Committee and moved to approve the
substitute resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 2/14/2012, Page 4
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2. REPORT ON COMMITTEE DISCUSSION AND POSSIBLE ACTION RELATED TO
A PROPERTY ACQUISITION FOR PARK AND TRAIL PURPOSES (AB2012 -071)
(8 :00:02 PM)
Weimer reported for the Natural Resources Committee and moved to talk with the
seller up front about price and then go forward with an appraisal that will cost about $450,
if necessary.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. ORDINANCE ESTABLISHING THE LUMMI ISLAND FERRY ADVISORY
COMMITTEE (AB2012 -044) (8 :01 :41 PM)
Brenner reported for the Public Works and Safety Committee and moved to adopt
the substitute ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. RESOLUTION INITIATING WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING AMENDMENTS FOR 2012 (AB2012 -089) (8 :04 :22 PM)
Knutzen reported for the Planning and Development Committee and stated there is
no committee recommendation. He moved to approve the resolution.
Kershner moved to amend Exhibit A to remove the item regarding commercial
kennels, file number PLN2012- 00001. The community should have a place that allows
commercial kennels. The rural zone is the appropriate place to locate commercial kennels.
Do not remove it from the rural zone.
Brenner asked if the applicant will be reimbursed if the item isn't docketed.
Roxanne Michaels, Planning and Development Services Department, stated the
applicant has not submitted any money yet.
Brenner asked why the staff will have to spend a lot of time on this item. Michaels
stated docketing would result in quite a bit of staff time due to hearing, research, staff
report, and appeal requirements.
Mann stated he supports the motion. The restrictions on commercial kennels in the
rural zone are already severe. The Council doesn't need to ban them across the board.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Crawford moved to remove the Fazon Lake transfer of development rights (TDR)
sending area, file number PLN2011- 00019. He sympathizes with the applicant's situation.
He senses this won't result in the benefit that the applicant believes will happen. He hopes
Whatcom County Council, 2/14/2012, Page 5
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to look at transfers of development rights in a broader, countywide application. Approval of
this item would give the applicant false hope.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: Knutzen (1)
Weimer moved to removed last item regarding wetlands restoration, file number
ZON2008- 00001. The agencies that deal with wetlands have problems with this. It's a low
priority because of the already- stretched Planning staff.
Knutzen stated he doesn't agree. He asked if the Council is able to remove this
item. The applicant already paid for the item, and it was already docketed. Michaels stated
there is a legal question, because a corporation applied for the item in 2008. The Council
could approve the motion with a caveat that it be legal.
Crawford stated they shouldn't approve something if it's legal. He is opposed to the
motion. This item would not be a high priority for staff. He's very interested in pursuing
further dialog with the Army Corps of Engineers and State Department of Ecology to
develop a good wetland mitigation banking scheme. Continue to look for opportunities to
make such a program happen.
Brenner asked if staff is working on this issue within another realm. Michaels stated
there are other wetland basin projects that are more area - specific. Staff prefers to work on
it basin -by- basin.
Brenner asked if the County can remove a zoning amendment docked item that was
proposed in 2008 and was never considered.
Karen Frakes, Prosecutor's Office, stated someone submitted this and paid for the
review. The County is obligated to make a decision on it. There doesn't seem to be a
mechanism to refund the money. They don't know for sure that the applicants are no
longer available.
Weimer stated the opinion of legal staff seems to be that the Council can't legally
remove the item from the docket, so he withdrew his motion. He referenced the item
about Specified Fittings, file number PLN2012- 00006. During discussions about limited
areas of more intense rural development (LAMIRDs), staff determined that there was no
built environment in this area, yet they are about to expand a type 1 LAMIRD knowing full
well that there wasn't a built environment there. He asked if staff looked at this area during
the LAMIRD process. Michaels stated she believes it was not developed in 1990. Because
there is a code violation situation, it was a possible remedy the applicant could attempt.
Weimer stated the applicant already built on the parcel, so it seems they are trying
to find a way to make it legal.
Brenner stated the area is right under the high power wires. This was a mistake that
happened initially. The current zoning is for housing under these high power wires, which
they can't legally do anymore. It would be safer to let the acreage, which is just over one
acre, be rezoned. It's a successful business. Instead of putting people at risk, this is a
better option.
Whatcom County Council, 2/14/2012, Page 6
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Knutzen stated adding this item to the docket doesn't mean the Council is approving
the request. It means that it will go before the Planning Commission and be properly
vetted. They are just submitting this for further review.
Mann stated it's a split zone. The zoning line goes right through the owner's
property. There is no structure on that part of the property right now. The owners have
been using it to store pipe. It's the main entrance to the property. As part of the rural
element review, this is a great time to consider the property. He believes it was an
oversight or error.
Crawford stated there is no structure. Things are just stored on the ground. It
would be interesting discussion to talk about use in the context of whether someone can lay
a piece of pipe on the ground, and whether that happened at some time in the past.
The motion to approve as amended carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
5. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM)
ADVISORY COMMITTEE, APPLICANTS: BRADLEY C. CARTER, TOM FENTON,
KEATS GARMAN, AND SCOTT INLOES (AB2011 -389A) (8 :22:08 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Knutzen moved to nominate all four applicants.
Weimer
Knutzen
Mann
Kershner
Brenner
Kremen
Crawford
Carter
Carter
Carter
Carter
Carter
Carter
Carter
Garman
X
Garman
Garman
X
Garman
X
Garman
Garman
X
Garman
X
Inloes
X
Inloes
X
Inloes
X
Inloes
X
Inloes
X
Inloes
X
Inloes
X
Fenton
Fenton
X
Fenton
Fenton
Fenton
X
Fenton
Fenton
The Council appointed Keats Garmin and Scott Inloes.
6. APPOINTMENT TO FILL VACANCY ON THE SUMAS / EVERSON/ NOOKSACK
FLOOD SUBZONE ADVISORY COMMITTEE, APPLICANT: ED BOSSCHER
(AB2011 -389A) (8 :23 :59 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Brenner moved to appoint Ed Bosscher.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Knutzen moved to appoint Kelly Houston.
Whatcom County Council, 2/14/2012, Page 7
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
CARL REICHHARDT TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (AB2012 -084) (8:25:17 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS OF
JOEL BERGSBAKEN, DEBBIE ADELSTEIN AND STEVE OLIVER TO THE
AMERICAN'S WITH DISABILITIES ACT COMPLIANCE COMMITTEE (AB2012-
085) (8:25 :52 PM)
Brenner moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
CHRISTOPHER BROWN TO THE WHATCOM COUNTY VETERAN'S ADVISORY
BOARD (AB2012 -086) (8 :26 :17 PM)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
GREG EBE TO THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT
COMMITTEE (AB2012 -087) (8 :26 :44 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OPEN SESSION
(Continued from earlier in the meeting.)
The following people spoke regarding the ordinance adopting amendments to
the Whatcom County Comprehensive Plan and zoning maps to create a Mineral
Whatcom County Council, 2/14/2012, Page 8
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Resource Lands designation and zoning overlay off of Doran and Bowman Roads in
the South Fork Nooksack Valley, south of Acme (AB2011 -232):
• Aubrey Stargell
• Liz Evans, Building Industry Association
• Erin Haliburton
• Andy Ingram
• Sage Hollins
• Mary Dumas, Whatcom Land Trust
• Brian Evans, Building Industry Association of Whatcom County Executive
Director
• Keith Kortheis, Ferndale Ready Mix and Graven General Manager
• Becky Robertson
• Bruce Chapman, Washington Aggregates & Concrete Association Executive
Director, submitted a handout (on file)
• Laura Kollmar submitted a handout (on file)
• Jaqueline Eberli
• Greg Brown
• Brad Barton, Concrete Nor'West Vice President and General Manager
• James Essig, Granite Construction Company
• Anna Martin, Friends of the Nooksack Samish Watershed
• Nichole Brown
• Barbara Schumacher
• Terry Wexler
• Valerie Lloyd
• Suzanne Shull submitted a handout (on file)
• Lesa Starkenburg- Kroontje, Concrete NorWest Representative
• Dan Cox, Concrete NorWest on behalf of applicant, submitted a handout (on
file)
• Paul Brass
• Jeff Martin
• David Stalheim
• Nathan and Nicole Lind
APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING MAPS TO CREATE A MINERAL
RESOURCE LANDS DESIGNATION AND ZONING OVERLAY OFF OF DORAN
AND BOWMAN ROADS IN THE SOUTH FORK NOOKSACK VALLEY, SOUTH OF
ACME (AB2011 -232) (FORWARDED ON AUGUST 9, 2011) (9:38:10 PM)
Mann stated the proponent's attorney has raised an alarm on a dubious technicality,
questioning his ability to vote on this issue. He takes great offense to this tactic. However,
he doesn't want to jeopardize the legitimacy of this vote or the decision that is reached
tonight. The County has too many lawsuits against it already. Out of respect for his Council
colleagues and the taxpayers, he will recuse himself from the discussion and vote, with
great regret.
Brenner stated she doesn't know of any councilmember who hasn't made a position
on this at one point or another. If Councilmember Mann has to recuse himself, it seems like
the majority of the Council would have to recuse themselves. If the majority have to recuse
themselves, then they are all allowed to vote. Everyone should vote on this.
Whatcom County Council, 2/14/2012, Page 9
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(Clerk's Note: Councilmember Mann left the room.)
Kremen stated he too has been requested by the legal counsel of the proponents,
Ms. Starkenburg - Kroontje, to recuse himself. He has the utmost respect for her as a legal
professional and person. However, her request is without merit. The claim is that he made
his views known about this proposal, which is true, but they were not made until after the
public process. He was kind enough to grant time to the legal counsel for this proposal and
her client, so they could have an opportunity to convince him to support their position. On
a second occasion, as a County councilmember, Ms. Starkenburg - Kroontje and her clients
requested another meeting with him to discuss the proposal and make another attempt to
convince him to support their position. He granted that request because he believes in
approaching issues with an open mind. His background as a broadcast journalist has
trained him to listen to all sides. He never made any view known until after the completed
public hearing. He is not going to honor the request to recuse himself on this matter. He
takes his vote as a County councilmember very seriously. He checked with the Council's
legal counsel.
Crawford moved to adopt the ordinance.
Brenner stated she cannot support the ordinance. She's upset about the requests
for recusal. This gravel company is one of the best, so her decision isn't about that. She
asked for information she didn't receive. She agrees with the attorney who said that
deferring it won't make it any easier. She doesn't live or own property in the area. She is
concerned about people's water. She is concerned about the water quality and quantity in
that area. She suspects much of the agricultural land doesn't have water rights. They're
zoning it based on the quality of the soil. She doesn't want to create false expectations.
Kershner stated she supports the ordinance. The Planning staff and Planning
Commission followed the process outlined in the Comprehensive Plan. Sometimes they
want to pick and choose aspects of the Growth Management Act that they want to follow.
In January, the Council got the message that it has to follow the Growth Management Act.
Part of that is following the Comprehensive Plan, which states the County needs to identify
and protect a 50 -year supply. This decision is not a decision to start mining tomorrow. It's
a decision to protect the area for its mineral resources. The permitting process for going
forward with the mine is where all the concerns will be heard and addressed. The concerns
must be addressed, or the owners will not get a permit.
Crawford stated he supports the ordinance. They talked a lot about this last summer
when the Council has the hearing. Through this process of concurrency, no new information
is provided. The permit process is when things will be scrutinized. He doubts the
proponents will file for a permit to mine the entire area immediately. It will probably be
phased. There are reclamation requirements as they go along. He's talked personally with
many of the folks opposed to this, and he hears what they're saying. He may disagree, but
that does not equate to not being listened to. He's very familiar with this area and this
proposal. The Council has had a tremendous amount of review. Understand that the
Council did listen. Even the councilmembers disagree with each other. They listen and
continue to listen to balance long -term needs for a resource that must exist for future
generations.
Knutzen stated he supports the ordinance. This has been a difficult decision. The
business owner has followed all the rules and gone through the entire process. Most of the
people who testified moved to the area after the business started this pit on the site. He
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doesn't see any opposition from families who have lived in the area for many years. He
valued Councilmember Brenner's opinion. If she has concerns about water quality, they
should be answered.
Brenner stated she would like Whatcom County to do its own independent
hydrological study to determine whether water quality and water quantity issues can be
adequately addressed. This is the biggest expansion since she's been on the Council. She
lived across from a gravel pit for over 20 years. They were the best neighbors, and she
didn't want the area to turn into developed lots. She's more pro - gravel mining than anti -
gravel mining. This is the first one she's not comfortable with moving forward. The County
will have to put up money to do this study. It's a public resource.
Crawford asked where the County get the money for such a study. He asked if it
would be acceptable to do a third - party, no contact study.
Brenner stated she doesn't want to defer it. If the County feels its that important,
the County should do it. She has brought this up all through the process. She voted
against it before because of her concerns.
Kershner asked if a permit to mine would be a conditional use permit if this area was
designated a mineral resource land (MRL).
Roxanne Michaels, Planning and Development Services Department, stated it would
be an administrative approval permit.
Kershner asked if Councilmember Brenner's request for a water study could be part
of that permit requirement. Michaels stated it would.
Brenner stated she's not comfortable moving forward with this designation until she's
seen a water study. She doesn't want to give anyone a mistaken impression or expectation.
Kershner stated there will never be a water study without an MRL designation.
There would be no purpose to do a water study.
Brenner stated there would be a purpose. She went through all the maps with
Planning staff Josh Fleischmann.
Knutzen stated Ms. Starkenburg stated that it will get more difficult to try another
MRL designation in the future, no matter where it is. It's inconvenient to live next to a pit,
but he's learned to live with it. This pit was there before these people were there. The
scale won't be any larger than what is already permitted. This isn't going to be a 280 -acre
mine.
Joshua Fleischmann, Planning and Development Services Department, stated the
proponent would have to apply to expand. Presently, they are permitted to 40 acres at 65
feet. If they want to expand while there is still resource, they would have to make a very
good argument to the State Department of Natural Resources (DNR) about why they need
to expand. Otherwise, they have to reclaim the existing pit as they expand.
Brenner stated over 400 acres total will be mined. Most of the people who lived
there didn't have any idea of this kind of expansion. That wasn't part of what they should
or would have known. If the Council takes its time to figure this out, the resource isn't
going to go anywhere. They aren't going to lose the resource.
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Weimer stated he is against the motion. There are other places to get gravel. The
County must revisit all the MRL designations in the next few years, as part of the
Comprehensive Plan. The proponents have said that this vote is to protect the reserve.
Voting against the designation protects the reserve. Leaving the land in forestry protects
the reserve. It comes down to the over - arching belief in society that people have to grow
and use more and more energy, homes, roads, pavement, and gravel to survive. However,
that leaves them with a lesser quality of life that they all love. People have created an
amazing community in the South Fork Valley. That community is threatened by the culture
that wants more and more. He doesn't want to be a part of that.
Kremen stated he agrees with Councilmember Weimer's comments and
Councilmember Brenner's concerns. He is also concerned about where the resource will end
up. It's likely that a significant portion of the resource will go to Skagit County or
elsewhere. In spite of testimony to the contrary, it's been his experience that Concrete
Nor'west is reputable and a good corporate citizen. He agrees with Councilmember Mann
about being offended by legal tactics that have been used. Because of his high regard for
the legal counsel representing Concrete Nor'west, it pains him to say he was essentially
entrapped. If his conversations with the legal counsel and her clients had culminated in an
indication of his support of the proposal, he would not have been asked to recuse himself
from the vote.
The motion failed by the following vote:
Ayes: Crawford, Knutzen and Kershner (3)
Nays: Kremen, Weimer and Brenner (3)
Abstains: Mann (1)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
MAP AND ZONING MAP TO REMOVE A MINERAL RESOURCE LANDS (MRL)
ZONING OVERLAY FROM THE EXISTING RURAL (11110) ZONE AND CHANGE
THE MRL DESIGNATION TO RURAL FOR APPROXIMATELY 90 ACRES ON
ALDRICH ROAD (AB2011 -435) (FORWARDED ON JANUARY 24, 2012)
(10:08:49 PM)
Kershner moved to adopt the ordinance.
Brenner stated the Councilmembers were told that if something was on hold, and not
approved or denied the previous year, it is automatically docketed. She asked if the Council
has any discretion here.
Karen Frakes, Prosecutor's Office, stated a decision was made at the beginning of
January. The intent of the Code is not to require that this be docketed again.
Crawford stated that is a different issue. He referenced an email from the Council's
legal counsel regarding proposed amendments to the findings.
Kershner stated those amendments are just to the findings, and are a part of her
motion.
Brenner asked if they will know whether there is any decent resource under the
property, before they take a final vote.
Kershner stated this is the final vote.
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Mann asked if this is adequate to address concerns raised.
Crawford stated that's why Karen Frakes suggested amendments to the findings.
Brenner asked if there has been anything to show whether it contains one million
cubic yards of proven and extractable resource. She asked how that changes things.
Karen Frakes, Prosecutor's Office, stated it may show how the designation was made
in the first place. This is a de- designation process.
Brenner asked how they can say it won't support mining, when they don't have any
proof of that one way or another.
Knutzen stated the material there was drain field sand, but it's no longer drain field
sand. The mining of it would be useless. The material no longer meets the specifications
for drain fields.
Brenner stated this is new information. Someone said that they can't use septic
system sand as the qualifier for all kinds of resource.
Mann stated there was scientific testimony that the material did not meet any
specifications.
Frakes stated there is nothing to the contrary.
Mann stated people from the gravel and mineral industry are saying there is nothing
good at the site.
Joshua Fleishmann, Planning and Development Services Department, stated that
according to the County geologist, the material is just sand. That sand was used for septic
systems. Regulations for septic systems changed, and the sand is no longer good for those
septic systems. He hasn't seen any documentation that the sand is good for anything else.
If they want sand, they can get sand from gravel extraction.
Mann stated he's not interested in doing something that will be appealed and lost. If
legal counsel can't say that these amendments conform to the law, he's reluctant to vote for
it, even though he has no problem with that based on its merits. Frakes stated there are
never any guarantees. Legally, she's not concerned about the comments that were made.
Kremen asked if the concern they're alluding to is whether or not the Growth
Management Hearings Board would find the County in noncompliance because it is adding
more buildable lots, and if Ms. Frakes doesn't have that concern. Frakes stated that from a
legal standpoint, she disagrees with Ms. Melious's interpretation.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: Weimer (1)
3. MOTION AND VOTE TO APPROVE THE ABOVE - ADOPTED COMPREHENSIVE
PLAN AMENDMENTS CONCURRENTLY (AB2011 -104)
(Clerk's Note: The Council did not vote on this item.)
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INTRODUCTION ITEMS (10:24:08 PM)
Kershner stated she submits a substitute ordinance for Introduction Item five.
She described the suggested change.
Crawford moved to accept the Introduction Items, including the substitute versions
of items one as amended in committee, and item five.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE SECTION 2.22,
CREATING THE WHATCOM COUNTY COMMISSION ON SALARIES FOR
ELECTED OFFICIALS (AB2011 -224C)
2. ORDINANCE INCREASING THE SPEED LIMIT FOR A PORTION OF DRAYTON
HARBOR ROAD (AB2012 -088)
3. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, FIFTH
REQUEST (AB2012 -090)
4. ORDINANCE REPEALING ORDINANCE 2001 -048 AND CANCELING THE PETTY
CASH REVOLVING FUND FOR THE COUNTY COUNCIL OFFICE (AB2012 -069)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.02, COUNTY
COUNCIL (AB2012 -091)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (10 :29:31 PM)
Mann stated several friends have recently been diagnosed with cancer early during
routine examines. Many are getting good results due to early screenings. He urges
everyone to get routine cancer screenings.
Knutzen stated the St. Joseph Cancer Center groundbreaking was two weeks ago.
Kremen stated the Washington State Association of Counties Legislative Steering
Committee, of which he is a member, met a couple of weeks ago. The Washington State
legislature's outlook for balancing the State budget do not bode well for local government.
Many of the State's remedies for filling the State budget hole is to give local government the
opportunity to raise taxes locally.
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ADJOURN
The meeting adjourned at 10:32 p.m.
The Council approved these minutes on March 13, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 2/14/2012, Page 15