HomeMy WebLinkAboutCouncil July 12 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
July 12, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:02 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 (7:03 :40 PM)
1. GENERAL UPDATE ON THE GATEWAY PACIFIC TERMINAL PROJECT -
AB2011 -129
Crawford stated the Committee of the Whole made a motion to respectfully request
the Prosecuting Attorney's Office and Planning Department work together to analyze the
timeframes involved in the major project permit process as related to the Council's decision -
making role, and to bring forward some suggestions on how the Council may amend those
to make a better process for the public, applicant, and County Council. The motion also
includes a request for staff to review any inconsistencies between the County Code and
State law and bring those forward.
Crawford stated there was a strategy Planning Discussion and Positions to be
Taken Regarding Collective Bargaining (AB2011 -018) in executive session during the
Committee of the Whole meeting.
MINUTES CONSENT
Knutzen moved to approve the minutes.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SURFACE WATER WORK SESSION FOR JUNE 14, 2011
2. COMMITTEE OF THE WHOLE FOR JUNE 21, 2011
3. REGULAR COUNTY COUNCIL FOR JUNE 21, 2011
Whatcom County Council, 7/12/2011, Page 1
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OPEN SESSION (7:05:29 PM)
The following people spoke:
• Leonard Lindstrom spoke about teachers advocating for students.
• (Clerk's Note: The speaker following Leonard Lindstrom 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 spoke about Social Security, money stolen from him, and the use
of pepper spray and firearms in bear attacks.
• Suzanne Shull spoke about a potential mineral resource land in the Nooksack
Valley (AB2011 -232).
PUBLIC HEARINGS
1. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO HARBOR SHORES
SEWER CORPORATION TO ALLOW FOR THE PROVISION OF SEWER
SERVICES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY FOR A PERIOD OF 25
YEARS - AB2011 -134 (7 :16 :06 PM)
Crawford opened the public hearing, and the following people spoke:
Craig Parkinson, 119 Grand Ave, Suite E, Bellingham, stated the agreement is with
the Harbor Shores Sewer Association. It is a not - for - profit organization, not a company. He
represents the Association. The Council should adopt the ordinance.
Dannon Traxler, 709 Dupont, Bellingham, Sara Klinkon Representative, stated she
thanks the Council and developers for working with the neighbors on the agreement. She
does not oppose the agreement, but there are ongoing issues that will be addressed later.
Hearing no one else, Crawford closed the public hearing.
Brenner moved to adopt the ordinance. The concern expressed in a letter from Ms.
Traxler has to do with a private party, according to the County's legal counsel.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING THE ELIGIBILITY CRITERIA FOR APPLICATION TO
THE COUNTY AGRICULTURE PURCHASE OF DEVELOPMENT RIGHTS
PROGRAM - AB2011 -215 (7 :20 :41 PM)
Crawford opened the public hearing, and the following people spoke:
John Steensma, Axling Road, Lynden, Purchase of Development Rights Committee
Member, described the history of the proposal. Adopt the ordinance.
Paul Schissler, Purchase of Development Rights Committee Member, stated he is in
favor of the ordinance.
Whatcom County Council, 7/12/2011, Page 2
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Hearing no one else, Crawford closed the public hearing.
Knutzen moved to adopt the ordinance.
Brenner asked if the there is an overlay.
Samya Lutz, Planning and Development Services Department, stated there is. It was
added during the Rural Element process.
Brenner stated add that clarification in a footnote.
Kershner asked if the zoning areas include areas inside the designated limited areas
of more intense rural development (LAMIRDs). Lutz stated the criteria doesn't mention
LAMIRDs. It has to be outside of urban growth areas. Theoretically, someone could apply
in that case.
Kershner asked if they should add any zones that are missing.
Crawford stated it was very broad, and the committee narrowed it to rezones.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
CONSENT AGENDA (7:26:58 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EDGE ANALYTICAL, INC. TO
PROVIDE LABORATORY TESTING SERVICES FOR THE ANALYSIS OF SAMPLES
GENERATED IN THE ENVIRONMENTAL HEALTH PROGRAMS IN THE AMOUNT
OF $25,000 - AB2011 -225
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND THE OFFICE
OF PUBLIC DEFENSE TO REIMBURSE WHATCOM COUNTY A PORTION OF ITS
DEPENDENCY ATTORNEY COSTS IN THE AMOUNT OF $32,000 - AB2011 -226
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE TO
GRANT UTILITY EASEMENTS WITHIN SEMIAHMOO COUNTY PARK - AB2011-
227
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR ADMINISTRATIVE AND ACTION PROJECTS
Whatcom County Council, 7/12/2011, Page 3
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FOR THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE IN THE
AMOUNT OF $27,500 - AB2011 -228
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A MANUFACTURED RESTROOM BUILDING FOR INSTALLATION
AT LILY POINT MARINE PARK USING THE WASHINGTON STATE CONTRACT
FROM CXT, INC., IN THE AMOUNT OF $142,338.98 - AB2011 -229
OTHER ITEMS
1. REQUEST COUNCIL APPROVAL OF THE LILY POINT MARINE PARK
DEVELOPMENT PLAN (PROJECT FUNDED BY GRANTS AWARDED TO
WHATCOM COUNTY FROM THE WASHINGTON STATE RECREATION AND
CONSERVATION OFFICE) - AB2011 -214 (7:27:48 PM)
Weimer reported for the Natural Resources Committee Weimer reported and
moved approval.
Brenner moved to amend the request to limit the number of parking spaces to 20.
Any overflow parking can go onto the road, but that won't happen much.
Kershner asked how many spaces is in the plan currently.
Mike McFarlane, Parks and Recreation Department Director, stated the plan is for 30
parking spaces. Fewer parking spaces won't change the footprint of the parking lot. They
have laid out the parking lot to preserve as many trees as they could. If the amendment is
approved, they won't put parking gravel in those spaces, but people would likely park their
vehicles there anyway. It won't save any more trees.
The motion to amend failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Larson, Crawford, Weimer, Mann and Kershner (5)
The motion to approve carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.14, WIND ENERGY
SYSTEMS - AB2011 -223 (7:31 :32 PM)
Knutzen reported for the Planning and Development Committee and stated this item
is held in committee for two weeks.
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DANIEL TEPPER TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE -
AB2011 -231 (7:32:33 PM)
Mann 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)
Whatcom County Council, 7/12/2011, Page 4
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4. RESOLUTION SUPPORTING THE AMERICAN ALPS LEGACY PROPOSAL -
AB2011 -188A (7 :32:50 PM)
Weimer reported on the issue and moved to approve the resolution.
Crawford stated he will vote against the proposal. He likes the benefit to Whatcom
County, and it would be a great addition. There is room for a reasonable expansion of the
National Park. However, there are concerns about mining and forestry in Okanogan County.
He would have liked to hear those concerns. He will delay support until he learns more.
Brenner stated she hesitated on the proposal until they changed the boundaries,
which eliminated the logging areas.
Kershner stated she will support the proposal. Highway 20 doesn't even touch the
park. The expanded boundaries will allow people to get into the park.
The motion carried by the following vote:
Ayes: Larson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Crawford (1)
INTRODUCTION ITEMS (7 :37 :23 PM)
vote:
Crawford stated Introduction Item ten was withdrawn from the agenda.
Brenner moved to accept Introduction Items one through nine.
Mann asked if the Council already docketed item three.
Crawford stated it has.
Mann withdrew item three.
The motion to accept items one, two, and four through nine carried by the following
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE
VOTERS OF WHATCOM COUNTY TO CREATE A CITIZENS' COMMISSION ON
SALARIES FOR ELECTED OFFICIALS - AB2011 -224A
2. 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 -
AB2011 -062A
3. 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
Whatcom County Council, 7/12/2011, Page 5
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Crawford moved to accept the ordinance.
Mann stated he doesn't support a rezone. Don't move forward with this.
The motion to accept the ordinance carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen and Kershner (5)
Nays: Mann and Brenner (2)
4. ORDINANCE CORRECTING MAP ERROR IN ORDINANCE 2011 -013 - AB2010-
072E
S. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $2,008,829 - AB2011 -233
6. ORDINANCE FOR 2011 PROJECT BUDGET REQUEST #1, CIVIC CENTER
BUILDING IMPROVEMENT - AB2011 -234
7. ORDINANCE FOR 2011 PROJECT BUDGET REQUEST #2, JAIL AND JUVENILE
CONTROLS REPLACEMENT - AB2011 -235
8. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR DEMING
DIKING DISTRICT NO. 2 - AB2011 -236
9. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — EAST WHATCOM
REGIONAL RESOURCE CENTER PROJECT - AB2011 -237
10. INTERGOVERNMENTAL FRAMEWORK AGREEMENT, LEASE FOR UPLANDS,
AND TIDELANDS LEASE AGREEMENT FOR LUMMI ISLAND FERRY USAGE AT
GOOSEBERRY POINT - AB2011 -238
This item was withdrawn from the agenda.
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (7:42:27 PM)
Mann reported for the Marine Resources Committee (MRC) and stated funding from
the State is depleted. He suggested to the MRC that they do policy work and act as a
source for technical guidance on issues such as removing gravel from the Nooksack River.
The Council can vote on sending the MRC some policy assignments. The Council would
benefit from the MRC's input. He is willing to take ideas for topics.
Weimer reported he is going to Washington D.C. tomorrow, and then will attend the
National Association of Counties (NACo) conference.
Brenner asked Councilmember Mann if the MRC's purview allows them to address
dredging gravel out of the river.
Whatcom County Council, 7/12/2011, Page 6
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ADJOURN
The meeting adjourned at 7:45 p.m.
The Council approved these minutes on September 13 , 2011.
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, 7/12/2011, Page 7