HomeMy WebLinkAboutCouncil January 25 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
January 25, 2011
CALL TO ORDER (7:00 :54 PM)
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
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann,
Tony Larson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
Crawford announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation (Growth Management Cases) (AB2011 -018) in
executive session during the Committee of the Whole meeting.
Crawford also announced 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) during the
Committee of the Whole meeting. The Committee will continue discussion on this item in
two weeks.
OPEN SESSION (7 :03 :16 PM)
The following people spoke:
• Barbara Sternberger, 4540 Curtis Road, Bellingham, spoke about the
proposed jail site.
• Ron Bronsema, 8135 Northwood Road, spoke about the Flood Control Zone
District Advisory Committee and flood hazard management.
• Irene Morgan, 1258 E. Pole Road, Everson, spoke about the proposed new jail
and offender re -entry into the general population.
• (Clerk's Note: The speaker following Irene Morgan 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 about the jail siting meeting on February 3.
PUBLIC HEARINGS
Whatcom County Council, 1/25/2011, Page 1
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1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT SUBDIVISIONS IN
RURAL AREAS (AB2011 -060A) (7 :20:56 PM)
Crawford opened the public hearing, and the following people spoke:
Jean Melious, 1925 Lakecrest Drive, Bellingham, stated there is no rush to subdivide
property or no need for an emergency, due to the order of invalidity. The purpose of the
ordinances appears to be to persuade the Growth Management Hearings Board that the
resources in the county will be protected without the order of invalidity. In fact, both
ordinances allow substantial development. The ordinance purports to allow projects to vest
that submitted applications while the order of invalidity was in effect. That is contrary to
State law. It will create a mess when figuring out which applications are vested and which
aren't vested.
Kathy Lehman, Futurewise Whatcom Chapter Director, stated the moratorium
doesn't cover binding site plans, building permits for single - family permit applications,
multi - family building permit applications, commercial building and other permit applications,
and clearing and grading permit applications. These are not covered by the finding of
invalidity, and need to be covered by the moratorium as well, if it will substitute for the
finding.
Hearing no one else, Crawford closed the public hearing.
(7 :24 :30 PM)
Kershner moved to adopt the ordinance.
Weimer stated he missed the January 4 executive session meeting, when much of
this was discussed. People were informed of why they were moving the way they were.
That happened on Tuesday. He didn't get the required 24 -hour notice because he was out
of town. He found out later, and asked that the meeting be postponed until Thursday. His
understanding from Council staff is that the majority of the Council agreed that postponing
until Thursday would be fine, so he could participate in the meeting. However, Karen
Frakes said they couldn't wait, and the executive session had to happen on that Tuesday.
Karen Frakes, Prosecutor's Office, stated she didn't recall the exact circumstances,
but there was a reason for it.
Crawford stated it was a question of when the Board gave notice to the County of
invalidity. There was a question about what constituted serving notice to the County, and
how that would affect the deadline.
Frakes stated that is correct. At the time they scheduled the meeting, they thought
they still had time to take one action. Subsequently, they discovered they didn't have time.
By the time they were at the meeting, they did know they had time, but it had already been
scheduled. They can talk more about that off the record.
Weimer stated he knows, because it's been in the newspaper, that there was a
motion to rescind the order of invalidity, filed by the County. He asked under whose
authority that was filed. The Council never voted to file such a motion. He asked if Mr.
McEachran or the Executive asked that it be done. He asked under whose authority that
Whatcom County Council, 1/25/2011, Page 2
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motion was filed. Frakes stated she represents the County. While she had guidance on that
issue from her client, she can make those decisions as a representative of the County.
Brenner stated she's uncomfortable putting the Council attorney on the spot at a
public meeting. If Councilmember Weimer has those kinds of questions, he could ask her
and mention it at the meeting. Ms. Frakes is not on trial here.
Kershner asked if there are any concerns or issues raised, based on the testimony of
the two speakers.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
2. ORDINANCE (2011 -001) IMPOSING AN EMERGENCY MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT
SUBDIVISIONS IN RURAL AREAS (AB2011 -060) (7:28:39 PM)
Crawford stated comments from the speakers during the previous item are part of
the record for this item. He opened the public hearing and, hearing no one, closed the
public hearing.
CONSENT AGENDA (7 :29 :25 PM)
Mann reported for the Finance and Administrative Services Committee, stated he
was appointed the new Chair of the Finance Committee, and moved to approve Consent
Agenda items two through 11.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM LAND TRUST FOR
MONITORING AND EASEMENT ENFORCEMENT FOR CONSERVATION
EASEMENTS PURCHASED THROUGH THE PURCHASE OF AGRICULTURE
DEVELOPMENT RIGHTS PROGRAM FOR A MINIMUM FEE OF $3,000 PER
EASEMENT, OR A 6% FEE ON THE FIRST $150,000 OF THE EASEMENT
PRICE, WHICHEVER IS GREATER, AND 4% OF THE EASEMENT PRICE IN
EXCESS OF $150,000 (AB2011 -064)
Mann reported for the Finance and Administrative Services Committee and moved
to approve request for one year only.
Brad Bennett, Administrative Services Department, stated Rand Jack was going to
try to attend the meeting tonight.
Larson stated he talked to Mr. Jack. The Land Trust will try to address Council's
concerns.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Whatcom County Council, 1/25/2011, Page 3
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Nays: Knutzen (1)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WESTERN WASHINGTON
UNIVERSITY TO COMPLETE A COMPREHENSIVE COMMUNITY HEALTH
ASSESSMENT PROCESS FOR A COMMUNITY HEALTH IMPROVEMENT PLAN IN
THE AMOUNT OF $45,100 (AB2011 -065)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PACIFIC
SURVEYING AND ENGINEERING TO INCLUDE ADDITIONAL SERVICES TO
SUPPORT DETAILED DESIGN OF PROJECT COMPONENTS WITHIN THE LONG-
TERM MANAGEMENT STRATEGY FOR SWIFT CREEK IN THE AMENDED
AMOUNT OF $146,300 FOR A TOTAL AMENDED AMOUNT OF $306,300
(AB2011 -066)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DR. ERIKA CREYDT 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-
067)
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MARK LAZICH, MS, LMHC 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-
068)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM AND THE
INDUSTRIAL CORPORATION OF THE PORT OF BELLINGHAM TO PROVIDE
COORDINATED APPROACH TO FUNDING AND CONTRACTING WITH
ECONOMIC DEVELOPMENT SERVICE PROVIDERS (AB2011 -077)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE
LIGNOSITE FOR DUST CONTROL ON COUNTY ROADS FROM SOLE VENDOR,
MEENDERINCK, LLC, IN THE AMOUNT OF $50,000 (AB2011 -069)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF THE ANNUAL 2011 SUPPLY OF CARQUEST AND NAPA AUTO
PARTS FROM LOCAL FRANCHISE DEALERS ON AN AS NEEDED BASIS USING
WASHINGTON STATE CONTRACT IN AN AMOUNT THAT WILL EXCEED
$35,000 (AB2011 -070)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO PURCHASE LIGHT
BARS AND RELATED EQUIPMENT FOR SHERIFF'S DEPARTMENT VEHICLES
USING WASHINGTON STATE CONTRACT FROM VENDOR AUTO ADDITIONS,
INC. ON AN AS NEEDED BASIS IN THE AMOUNT THAT COULD EXCEED
$35,000 (AB2011 -071)
Whatcom County Council, 1/25/2011, Page 4
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10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AN ANNUAL SUPPLY ON AN AS NEEDED BASIS OF ASPHALT
PRODUCTS UTILIZING WASHINGTON STATE CONTRACT; VENDORS ARE
ALBINA ASPHALT, ARROW CONSTRUCTION SUPPLY, PARTNER
CONSTRUCTION PRODUCTS, SPECIAL ASPHALT PRODUCTS, CRAFCO AND
MAXWELL PRODUCTS IN THE AMOUNT OF APPROXIMATELY $40,000
(AB2011 -072)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #10 -100
TO THE SOLE BIDDER ZUMAR INDUSTRIES, INC. FOR THE ANNUAL SUPPLY
OF TRAFFIC CONTROL SIGNS IN THE AMOUNT OF $106,569.24 (AB2011-
073)
OTHER ITEMS
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT OF THE MOA BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE UNIVERSITY TO CONTINUE THE JOINT COST - SHARING FOR FACULTY
POSITIONS IN WSU EXTENSION IN THE AMENDED AMOUNT OF $83,542
(AB2011 -042) (7 :34 :29 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT
BOARD'S RECOMMENDATIONS FOR EDI FUNDING - CITY OF FERNDALE
PROJECT: HOUSING AFFORDABLE FOR THE WORK FORCE (THIS PORTION
OF THE ORIGINAL REQUEST WAS REFERRED TO COMMITTEE ON JANUARY
11, 2011) (AB2011 -052A)
Mann reported for the Finance and Administrative Services Committee and stated
this item was withdrawn from the agenda.
3. RESOLUTION AMENDING RESOLUTION NO. 2008 -077 (THE 2009 — 2010
UNREPRESENTED RESOLUTION) TO BE EFFECTIVE JANUARY 25, 2011
(AB2011 -063)
Mann reported for the Finance and Administrative Services Committee and stated
this item was withdrawn from the agenda.
4. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $46,315 (AB2011 -055) (7 :35 :07 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she thanks Finance Manager Brad Bennett, who helped her get
information about some of these requests.
Whatcom County Council, 1/25/2011, Page 5
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S.
6.
7.
8.
9.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MICHAEL MATTHES TO THE WHATCOM COUNTY DEVELOPMENT STANDARDS
TECHNICAL ADVISORY COMMITTEE (AB2011 -074) (7 :36 :23 PM)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
PAT BUCHINSKI TO THE BELLINGHAM - WHATCOM COUNTY COMMISSION
AGAINST DOMESTIC VIOLENCE (AB2011 -075) (7 :36 :37 PM)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENT
OF RUD BROWNE AND HIS NEW APPOINTMENT OF MARY KAY ROBINSON TO
THE WHATCOM COUNTY ETHICS COMMISSION (AB2011 -076) (7 :37 :08 PM)
Larson moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
NOMINATION AND APPOINTMENT TO FILL VACANCY ON CONSOLIDATED
DRAINAGE IMPROVEMENT DISTRICT #1 BOARD OF COMMISSIONERS -
APPLICANT(S): MICHAEL SCHONEVELD (AB2011 -059) (7 :37 :31 PM)
Knutzen nominated Michael Schoneveld.
The nomination carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
COUNCIL TO APPOINT MEMBERS TO SERVE ON THE 2011 WHATCOM
COUNTY DISTRICTING COMMITTEE (AB2011 -035) (7 :38 :17 PM)
Knutzen moved to appoint Republican Party nominees Charlie Crabtree and Robert
Thorndike and Democratic Party nominees Hue Beattie and Kelli Linville.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Whatcom County Council, 1/25/2011, Page 6
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Nays: None (0)
10. RESOLUTION APPROVING AMENDMENT #1 TO THE BIRCH BAY WATER AND
SEWER DISTRICT'S COMPREHENSIVE WATER SYSTEM PLAN (AB2010 -449)
(7:39:29 PM)
Kershner moved to approve the resolution.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS (7 :40:27 PM)
Mann moved to accept the Introduction items.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON APL2010-
0009 FILED BY DANNON TRAXLER ON BEHALF OF WILLIAM VELACICH
REGARDING APPROVAL TO CONSTRUCT ACCESS ROAD (AB2010 -452)
2. RESOLUTION APPROVING THE WHATCOM COUNTY PEDESTRIAN AND
BICYCLE PLAN (AB2010 -381)
3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2010 -062)
OTHER BUSINESS (7 :41 :18 PM)
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW DRIVE
THROUGH SERVICES IN THE URBAN RESIDENTIAL MIXED USE (URMX) AND THE
RESORT COMMERCIAL ZONES (RC) (AB2011 -054)
Crawford moved to accept the Planning Commission recommendation, with an
amendment to allow a larger minimum square footage of 5,000 square feet instead of 2,500
square feet in the urban residential -mixed use (URMX) zone and in the resort commercial
(RC) zone, and to request Planning staff to prepare the ordinance accordingly. A hearing
will be scheduled on this item.
Brenner stated she would support having a hearing. She would not support allowing
this use as a permitted use along Birch Bay Drive. The concern for her isn't about whether
the use would create more traffic. On Birch Bay Drive, the issue is about people who try to
turn into the other lane, when traffic never ceases.
Larson stated he will support this as well. He would like to hear concerns from Birch
Bay residents.
Whatcom County Council, 1/25/2011, Page 7
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Crawford stated he reviewed the Birch Bay Subarea Plan today. The could not find
any reference to concerns regarding this issue.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (7:47:10 PM)
Kershner reported on progress made by the Lummi Island Ferry Task Force.
ADJOURN
The meeting adjourned at 7:48 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 1/25/2011, Page 8