HomeMy WebLinkAboutCouncil February 22 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
February 22, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (7 :00 :49 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Tony Larson and Carl Weimer.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS (7 :01 :45 PM)
Crawford stated there was discussion regarding a draft ordinance amending
Whatcom County Zoning Code Title 20, the Official Whatcom County Zoning Map,
and the Whatcom County Comprehensive Plan and Maps, to implement changes
relating to rural land use planning (AB2010 -072A) in the Special Committee of the
Whole meeting. The Committee will continue discussion at a meeting on Friday, February
25 at 10 a.m. in the Fifth Floor Conference Room 513.
SPECIAL PRESENTATION
1. COUNTY EXECUTIVE KREMEN WILL READ A PROCLAMATION FOR PEACE
CORPS DAY IN WHATCOM COUNTY (AB2011 -017)
Pete Kremen, County Executive, read the proclamation and presented the
proclamation to Peace Corps volunteer Mark Robins.
Mark Robins, former Peace Corps volunteer, stated he thanks Executive Kremen for
responding to his suggestion for making this proclamation. The Peace Corps was a defining
moment in his life, and affected his career. One gets more out of the Peace Corps than one
gives. The Peace Corps has made America and the rest of the world better.
Kremen stated the University of Washington produced more Peace Corps volunteers
than any university in the United States.
OTHER ITEMS
3. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS (AB2011 -104)
Whatcom County Council, 2/22/2011, Page 1
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Crawford stated the Planning and Development Committee held this item in
committee.
Roxanne Michaels, Planning and Development Services Department, asked what
information the Committee would like to have for its next meeting regarding the Lummi
Island mineral resource land (MRL). At the next work session, she will bring forward the
work product, based on what it looks like the Council may approve.
Crawford stated there are multiple processes with different property owners. He
hopes Ms. Michaels and the Council attorney can talk about how to address that area as a
whole.
4. DISCUSSION AND APPROVAL OF A PROPOSED SETTLEMENT AGREEMENT
BETWEEN WHATCOM COUNTY AND CAITAC USA CORP. TO RESOLVE
WWGMHB CASE NO. 10- 2 -0009C (AB2011 -096) (7:11 :46 PM)
Crawford reported for the Committee of the Whole meeting and stated they would
hold open session now for Caitac.
(Clerk's Note: Discussion continued below.)
OPEN SESSION (7 :13 :00 PM)
The following people spoke on discussion and approval of a proposed
settlement agreement between Whatcom County and Caitac USA Corp. to resolve
WWGMHB Case No. 10- 2 -0009C (AB2011 -096):
• Abe Jacobson stated he is opposed to the secret process this has gone
through. He is opposed to the settlement.
• Karen Frakes, Prosecutor's Office, stated the April 26 date is no longer in the
proposed settlement.
• Carol Jacobson, 2314 Samish Way, Bellingham, stated the settlement process
is moving too fast. She is opposed to the settlement.
• Dan Pike, Bellingham Mayor, stated he is concerned about the rushed process
and lack of public process.
• Bob Carmichael, Caitac Representative, stated this agreement is the path
toward a robust public process.
OTHER ITEMS
4. DISCUSSION AND APPROVAL OF A PROPOSED SETTLEMENT AGREEMENT
BETWEEN WHATCOM COUNTY AND CAITAC USA CORP. TO RESOLVE
WWGMHB CASE NO. 10- 2 -0009C (AB2011 -096)
(Clerk's Note: Discussion continued from above.)
Brenner asked if there is any cost to the County.
Karen Frakes, Prosecutor's Office, stated there is no cost to the County.
Knutzen moved to approve the settlement agreement.
Whatcom County Council, 2/22/2011, Page 2
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(7:28:30 PM)
Brenner moved to amend the agreement to remove the word "promptly" in all
locations in the agreement. It was not in the agreement before.
Kershner asked if the word "promptly" was substituted for the date. Frakes stated it
was. They won't have to reenter the date.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Larson Kershner and Weimer (7)
Nays: None (0)
Brenner stated she doesn't know why this is urgent. Nothing in the agreement
causes a cost to the County. She wants to know what the costs are that Mayor Pike
referred to. Pike stated legal counsel expressed concern about the return received for
what's being given. He would rather she have that conversation with legal counsel.
Larson stated he didn't see any hard costs to the County in the agreement. This
process has not yet begun. Every property owner deserves a predictable pathway for
moving forward. The Council is not voting on the project. It is creating a clear and
predictable pathway for this landowner. The Council retains authority to approve or deny
the land use changes. He will support the settlement agreement.
Mann stated he is against the agreement. The only thing that benefits the County is
that the current litigation will be on hold. If the County doesn't give Caitac what it wants,
they will continue to sue the County. It sends a message that suing the County and coming
to a settlement agreement are just steps in the process. He agrees with providing a
predictable pathway. Caitac has gone through the process. He doesn't like Caitac forcing
the County to give what Caitac wants to avoid litigation.
Kershner asked if the settlement process is public. Frakes stated it is not.
Kershner stated she questions why there is an adversarial relationship with citizens
and property owners. They are supposed to represent the people who live in the county.
They are to make legislative policy decisions. She supports the agreement. It's a path
forward. The process has not been quick. It's been going on for a year.
Brenner stated she would like to hear from other legal people. Holding this two
weeks won't make a difference. She wants to hear other legal arguments. She moved to
hold for three weeks.
The motion to hold in Council failed by the following vote:
Ayes: Brenner, Mann and Weimer (3)
Nays: Crawford, Knutzen, Kershner and Larson (4)
Knutzen stated he appreciates that Councilmember Brenner is concerned about legal
issues, but they've been going through this for years. He agrees with Councilmember
Larson. This is just a pathway. It doesn't obligate the County to any land use changes or
decisions. The Council will have another opportunity to make a decision. He will support
this item.
Whatcom County Council, 2/22/2011, Page 3
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Brenner stated this is the first time she's heard that a jurisdiction has legal issues.
It's appropriate to hear from the City, as the jurisdiction most affected by this decision.
Weimer stated he is against the motion. He would like to hear from the City of
Bellingham's legal department. They are going through three or four processes that has
costs. Another process is to wait for the urban growth area (UGA) review to come up again,
and petition to be in the UGA.
Crawford asked if this releases the applicant from any costs for the process. Frakes
stated it does not. The applicant has already paid the cost for the process.
Weimer asked if the applicant's fees pay for everything. He asked why the Planning
Department is going broke and getting rid of personnel if the fees cover everything.
Mann stated he appreciates a certain pathway. He asked why this project is worth
more certainty and more of a pathway than any other property owner's project.
Larson stated the challenge is the process in general. The process for this project
has been stopped. He prefers to expedite the processes.
Mann stated this puts Caitac before a homeowner and provides special treatment.
Knutzen stated Caitac has been doing this for over 15 years.
Frakes stated the agreement doesn't provide special treatment. They are going
through the process.
Mann stated he doesn't agree.
Brenner stated Caitac can go through the process, whether or not the Council
agrees. The only difference is whether the Council approves of the settlement. She asked
the problem in the view of Bellingham legal staff.
The motion to approve the substitute as amended carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner, Mann and Weimer (3)
OPEN SESSION (7:45 :40 PM)
The following people spoke:
• John Hammell, 556 Boundary Bay Road, Point Roberts, submitted a handout
(on file) and spoke on the issue of creating contingency plans to handle an
economic emergency.
• Leonard Lindstrom, Maplewood Avenue, Bellingham, spoke on the issue of
social violence and proper communication skills.
• Harold Bolt, 873 - 19th Street, submitted and read from a handout (on file)
regarding senior services.
• (Clerk's Note: The speaker following Harold Bolt requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Bruce Diele, citizen, spoke on the issue of Martin Luther King Jr.'s views on
theoretical relativism and absolutism.
Whatcom County Council, 2/22/2011, Page 4
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• Greg Brown, 4363 Saddlestone Drive, submitted and read from a handout (on
file) regarding the issue of a proposed new jail site.
• Mark Sexton, 1235 Jamison Street, Lummi Island, spoke regarding ferry dock
negotiations.
PUBLIC HEARINGS
1. RESOLUTION TO SELL SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION
(AB2011 -084A) (8:06:54 PM)
Crawford opened the public hearing and, hearing no one, closed the hearing.
Larson moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
1. COMMITTEE OF THE WHOLE FOR JANUARY 11, 2011
2. REGULAR COUNTY COUNCIL FOR JANUARY 11, 2011
3. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 25, 2011
4. REGULAR COUNTY COUNCIL FOR JANUARY 25, 2011
S. BOARD OF HEALTH FOR FEBRUARY 1, 2011
CONSENT AGENDA (8:09:19 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
The motion to approve Consent Agenda items one through seven carried by the
following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REAL ESTATE
VALUATION, LLC TO ESTABLISH VALUATION FORMULAE IN CONJUNCTION
WITH THE PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE
Whatcom County Council, 2/22/2011, Page 5
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AND STAFF ADMINISTRATOR, AND COMPLETE APPRAISALS WITH
APPRAISAL REPORTS FOR FOUR INDIVIDUAL FARMS LOCATED IN
WHATCOM COUNTY OVER THE NEXT TWO YEARS IN THE AMOUNT OF
$35,200 (AB2011 -097)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CHRISTINE PHELAN, MA TO
PROVIDE OUTPATIENT MENTAL HEALTH TREATMENT SERVICES TO
WHATCOM COUNTY RESIDENTS WHO HAVE NO OTHER READILY AVAILABLE
SOURCE OF FUNDING TO PROCURE MENTAL HEALTH SERVICES (AB2011-
098)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
COUNTY HOUSING AUTHORITY FOR RETENTION OF THE RECORDS CLERK AT
THE SHERIFF'S OFFICE WHO ASSISTS WITH HOUSING AUTHORITY —
RELATED RESPONSIBILITIES IN THE AMOUNT OF $54,820 (AB2011 -105)
4. 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 $40,000 (AB2011 -099)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM TO OPERATE THE LAKEWAY YARD WASTE COLLECTION
FACILITY IN THE AMOUNT OF $130,000 (AB2011 -100)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
COUNTY TOURISM FOR FUNDING TO PROMOTE TOURISM IN THE AMOUNT
OF $175,000 (AB2011 -101)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND RON AND ANNE CRUTCHER
FOR A TWENTY -TWO MONTH LEASE OF OFFICE SPACE LOCATED AT 2185 A &
B ALPINE WAY FOR USE BY THE NORTHWEST REGIONAL DRUG TASK FORCE,
IN THE AMOUNT OF $1,750 MONTH FOR A TOTAL OF $38,500 FOR THE
TWENTY -TWO MONTH LEASE TERM (AB2011 -102)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $974,705 (AB2011 -089) (8:09 :54 PM)
Mann 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, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
Whatcom County Council, 2/22/2011, Page 6
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2. ORDINANCE AMENDING A PORTION OF THE OFFICIAL WHATCOM COUNTY
ZONING MAP FROM RURAL 5 (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) ON
35 ACRES WITHIN THE RURAL COMPREHENSIVE PLAN DESIGNATION
(AB2011 -088) (8 :10:54 PM)
Knutzen reported for the Planning and Development Committee and moved to
adopt this ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
INTRODUCTION ITEMS (8 :12 :08 PM)
Brenner reported for the Public Works and Safety Committee and moved to accept
the Introduction Item.
Larson stated they will spend $830,000 more than projected because they got some
State and federal grants. Of that amount, they will spend $497,000 to receive $330,000 in
grants. A number of projects are great projects. He's concerned that they should evaluate
any money spent to find a return on investment. He wants to know exactly where those
dollars are going. He initially voted against all the projects. However, he will vote for the
item to get more information.
Mann stated he won't support the cost of rebuilding a bridge near Acme at a cost of
$10 million to serve 20 people.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Larson (7)
Nays: None (0)
1. RESOLUTION AMENDING THE 2011 ANNUAL ROAD CONSTRUCTION
PROGRAM TO INCLUDE RECENTLY OBTAINED GRANT FUNDING OF FIVE
PROJECTS, ALTER CONSTRUCTION TYPE AND METHOD OF ONE PROJECT TO
REDUCE COSTS, AND BREAK ANOTHER PROJECT INTO TWO PROJECTS TO
ALLOW FOR CONSTRUCTION IN 2011 (AB2011 -103)
OTHER BUSINESS (8 :18 :01 PM)
Brenner stated she is interested in attending a meeting with the administration on
Lummi Island tomorrow night at the Lummi Island Community Association regarding the
ferry.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8 :19 :14 PM)
There were no reports or other items.
Whatcom County Council, 2/22/2011, Page 7
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ADJOURN
The meeting adjourned at 8:19 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council4o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 2/22/2011, Page 8