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HomeMy WebLinkAboutCouncil March 15 20111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council March 15, 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 Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:01:31 PM) Crawford reported for the morning Committee of the Whole meeting regarding the presentation by the EMS Planning Committee and discussion of a "critical elements list" (AB2011 -107) and stated councilmembers will put all questions in writing and have another meeting in two weeks. Crawford reported for the afternoon Committee of the Whole meeting regarding the 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 related to rural land use planning (AB2010 -072A) and stated the committee finished its work today. The Council will introduce an ordinance tonight and have a public hearing in two weeks. MINUTES CONSENT (7:03:37 PM) Brenner moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. COMMITTEE OF THE WHOLE FOR FEBRUARY 8, 2011 2. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR FEBRUARY 15, 2011 Whatcom County Council, 3/15/2011, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 3. COMMITTEE OF THE WHOLE FOR FEBRUARY 22, 2011 OPEN SESSION (7:04:03 PM) Crawford announced that the resolution encouraging industrial investment in the region's economic vitality (AB2011 -115) has been withdrawn from the agenda. The following people spoke: • Dennis R. Jones, Windward Drive, Bellingham, spoke on the Whatcom County rural element. • Abe Jacobson, 2314 Samish Way, Bellingham, submitted a handout (on file) and spoke on the Lummi Island ferry. • Fred DeHaan, Point Roberts, submitted a handout (on file) and spoke on property tax increases. • (Clerk's Note: The speaker following Fred DeHaan requested that his /her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Gary Koi, 205 Governor Road, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Matt Krogh, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Bernie Walls, 132 Viewcrest, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Matt Wilbur, 100 South 34th Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Marion Beddill, 2700 Old Fairhaven Parkway, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Penelope Shaw, 3 Marigold Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Michael Taton, 3 Marigold Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Clarence Bob, Sr. 2524 Michigan Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Robert McLeod, Everson, spoke on the proposed SSA Shipping Pier at Cherry Point. • Bruce Diele, Bellingham, submitted a handout (on file) and spoke on the effects of smoking marijuana. • Leigh First, 1814 W. North Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Crina Hoyer, 2100 Cody Avenue, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Sheridan Thurston, 1736 Bayon Road, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Chris Gregory, 2515 Crestline Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Michael Stangland, 3416 Bennett Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Laura Lee Brakke, 585 Pleasant Bay Road, submitted a handout (on file) and spoke on the rural element updates. • Charles Law, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. Whatcom County Council, 3/15/2011, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 • Mark Sexton, 1253 Jamison Street, Lummi Island, spoke on Lummi Island ferry issues. • Leroy Rohde, 4961 Noon Road, spoke on the proposed SSA Shipping Pier at Cherry Point. • Ron Reimer, 6595 Northwest Road, spoke on the proposed SSA Shipping Pier at Cherry Point and the rural element. • Greg Brown, 4363 Saddleston Drive, spoke on the proposed SSA Shipping Pier at Cherry Point. • Kevin Foster, 5938 North Star Road, spoke on the proposed SSA Shipping Pier at Cherry Point. • John Cogswell, 2513 Racine Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. PUBLIC HEARINGS 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) (8:19 :12 PM) Crawford opened the public hearing and the following people spoke: Abe Jacobson, 2314 Samish Way, Bellingham, submitted and read from a handout (on file) and referenced item 20 in the program and stated about 20 households rely on the Potter Road bridge. Consider proportionality of where taxpayer resources go and how many people will benefit from this investment. Be prepared to make tough choices. Matthew Thuney, 3457 Hillside Road, Deming, stated it's necessary to spend money on jobs, education, and infrastructure. Whatcom County has maintained 159 bridges that connect people and provide jobs. Continue to maintain the Potter Road bridge. It is necessary for emergency services. The bridge services about 70 families, not 20 families. Jane Taltan Rogers, 3728 Hillside Road, Deming, stated she requests a small, safe bridge for their road. They pay taxes to all roads in the County. Their property will lose value without a bridge. Denis Delahoyde, 3468 Hillside Road, Deming, stated the residents need road access via Potter Bridge. In the 1940's, the residents had three accesses to their area. The County has chosen over the years to let go two of those accesses. This is the last remaining access. Marion Beddill, 2700 Old Fairhaven Parkway, stated she studied the need for the bridge. She described her background in civil engineering. Before deciding to build a bridge, make and publish a full evaluation of all the bridge and road alternatives. Hearing no one else, Crawford closed the public hearing. Kershner moved to approve the resolution. Brenner asked the reason for designing Potter Road bridge to that size. Whatcom County Council, 3/15/2011, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Joe Rutan, Public Works Department, gave a staff report and stated this bridge is the most at -risk bridge in the county. The County sought Federal funds, and funds were made available for replacement, but not rehabilitation. They received a variance to make the bridge narrower than the federal design standards. They could build a one -lane bridge, but would not have access to federal bridge funding. Kershner asked about the expense. Rutan stated the bridge is long. Much permitting is required. There are some environmental benefits. Most of the cost is in steel and concrete. Mann asked the cost of a one -lane bridge. Rutan stated they haven't reviewed the cost of a one -lane bridge. It will cost more than half the cost of a two -lane bridge. Knutzen asked what happens to the federal funds if the County doesn't do the project or adhere to the guidelines. Rutan stated those funds are very competitive. The County's success in competing for the funds indicates the County's need for the funds. If not used, someone else will use the funds immediately. Brenner stated she would like to see all the options and alternatives for access to the area. Rutan stated that to look at other options, the Council would have to put the study on the annual construction program and get money for such a study. They could potentially do that study. They conducted a size, type, and location study. Brenner stated she would spend County money on a safety issue. They don't seem to have a lot of choices. She has no intention of keeping people from getting to their property that has been there forever. There aren't other options. It's too bad they've had to cause such fear in people who live in that area. It's not fair for the County to no longer maintain the bridge. They've been committed to it. Larson asked if the staff is asking for an increase of $830,000 more than budgeted for 2011, for all the projects. He is concerned about spending and costs. He asked how they justify the $830,000. He senses that some of the funds are coming from federal grants. Those grants total $333,000. Rutan stated the grants themselves total over $10 million. They will spend this year about $333,000 from the grants. The request for $830,000 is for additional funds they want to spend in 2011, spread out among all the projects. Larson asked about the last two projects. He asked what changed from the time they developed the 2011 budget and now. Rutan described the projects. Larson stated it seems like they had a budget for 2011, and then they received grant funds from the federal government, so they're going to kick in another $497,000 to use the grants. Rutan stated he has no spending authority for the grants. The authority to use the grant money comes from the annual construction program. Once they approve the annual construction program, he will create a budget amendment. Larson asked the trigger for changing the budget for 2011. It looks like they are spending $830,000 more than they weren't going to spend otherwise. Rutan stated each projects are different. Some projects are moving forward. Some projects are spending grant money that requires a 20 percent match. Some projects are using grant money that don't require a match. Some projects change the method from a contract to County forces. Another project is split in two. Whatcom County Council, 3/15/2011, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Larson asked if they would be making these changes if the grant money hadn't shown up. Rutan stated they would not. The Council can approve the entire packet or amend the packet. Larson asked why they are spending $497,000 to buy $333,000. Rutan stated they will spend $497,000 more this year, and will attempt to spend that much also in grant funds. It does position them for further funding. Kershner asked the approximate balance of the road fund. Frank Abart, Public Works Department, stated an estimated balance is $16 million, with about $6 million uncommitted. Kershner asked if this proposal would commit about half a million dollars from that $6 million. Abart stated it would. Kershner asked the source of road funds. Rutan stated they come from unincorporated property taxes and gas taxes. Weimer asked the cost of replacing the Jones Creek Road bridge. Rutan stated the costs would be large due to the necessity of purchasing right -of -way. Abart stated they annually collect $16 million in road taxes from the unincorporated area. Brenner asked how dangerous the existing Potter Road bridge is. Rutan stated that if the bridge were dangerous, it would be closed, but it is the bridge they are most concerned about. He fears they will have to close the bridge if there were a flood that causes a bad scour underneath the abutments. At that point, they will struggle to maintain access across the river. If they bring in an emergency bridge, they won't be able to use the existing abutment. The question would be how to get to the other side to build an abutment. They can do preliminary estimates for some of the options. Once the County enters into an agreement with the federal government, the grant funds aret secure for the County. Tonight's decision will give him guidance about entering into that agreement. The County has already received $200,000 in design funds to get to this point. Looking at other options would be a step backward, at the County's cost. Knutzen stated the federal government thought this project was of enough value that the County received the grant funds. The Council of Governments (COG) is trying to get road improvement money into the county, which is difficult. He commends the staff for getting these grants. He understands the concern about spending tax dollars, but those tax dollars will be at work in Whatcom County. Larson asked if the $16 million was in the fund when they created the budget, and why this was not a priority when they developed the 2011 budget, if they already had the money. Rutan stated this is new funding, since they developed the constructions programs and the budget. Few projects on the annual construction program are fully funded. They're on the program so the administration can go out for grants. Many grants require projects to be on planning documents. Abart stated they generally keep around $5 million in reserves to deal with emergencies and higher fuel costs. Whatcom County Council, 3/15/2011, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Mann asked about the Tyee Drive pavement reconstruction project. Rutan stated the road is horrible because there is more crack seal than pavement. They can't save the pavement or pave over it. He described the project. Mann asked if it is a safety issue. Rutan stated it is a safety issue and a preservation issue. They've invested a lot of money in the road. If they wait much longer, they will have to repair the sub - grade. Larson asked about discrepancies in the math. Rutan stated there are a couple of scrivener's errors, including the $90,000 for the rural road safety funds. It was erroneously put into the County funds column, line 35. He described the scrivener's errors. Dewey Desler, County Administrator, stated this government uses substantial amounts of grant funds. Granting agencies include timeframes and schedules the County must meet. If they don't meet those schedules, it's because the County is not interested in doing the project. In that case, the County will lose access to those funds. In a world of shrinking resources, those timeframes are much shorter. The expectations for progress are much higher. Don't think it's easy to use those resources. Mann moved to amend to remove the Potter Road Bridge project. The residents don't want a bridge of the size proposed. He does not have a contempt for shared responsibility, but the cost is disproportionate for the amount of bridge as designed. It would be irresponsible to spend this much money on this bridge at this time. The County needs to better - design the bridge to make it more cost - effective. Knutzen stated that when the bridge washes out later, it will cost more money than it will now. The previous Council decided it didn't need a new ferry, and turned down grant money. In hindsight, that wasn't such a good decision. The cost the State Department of Transportation (DOT) invested in a new bridge on the Guide Meridian is far greater than this. The cost of putting a bridge over the Mt. Baker Highway five years ago would also be far greater than this. He understands the pain in investing in a bridge that affects 70 families. However, those families would be concerned about their children if something happens to the bridge. Much of the cost is from grant money. Weimer stated he is against the amendment. He understands the concern, but the County has historically funded the bridge, and they have the responsibility to continue to provide access to these citizens. The administration looked for the most cost - effective way to fix the bridge. This is the most cost - effective plan that will meet federal standards. Turning down the project will result in the County paying more to build a smaller bridge without the federal grant. Brenner stated this is a public road. The County made a commitment years ago. She can't think of another way that the project will cost less. The County has an obligation to the people who live there. Mann asked at what enormous cost would they not fund such a project, as they decided to not fund a new ferry. Kershner asked why a unanimous vote is required. Crawford stated a unanimous vote is State law. Whatcom County Council, 3/15/2011, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Rutan stated the current annual construction program includes $200,000 for the Potter Road Bridge. If the project does not go through, the County has plenty of work to do on Potter Road Bridge. Pete Kremen, County Executive, stated Councilmember Mann brings up a valid point. However, they need to be pragmatic in terms of the people who reside and pay taxes here in Whatcom County. That's what this is about. If the Council turns down this money, they are exacerbating the disparity existing at the federal and State levels between tax dollars received and tax dollars collected. Whatcom County is a donor county. It is one of the highest donor counties in the United States because it sells an enormous amount of gasoline for the size of the county. Canadians come here in droves to fill up their tanks. Whatcom County doesn't get back its fair share of tax dollars generated at the pump. This is one small way to minimize that disparity. They will have an opportunity to save infrastructure for those residents. By using this grant funding now, they will also save the taxpayers money in the future. Building a bridge later without the grant funds will cost the taxpayers much more money. He asked Councilmember Mann to support funding the Potter Road bridge. Abart stated there used to be three bridges providing access to those residents. Two of those bridges have gone away. They can't quit on this last access. Knutzen stated many businesses also depend on the bridge. The motion to amend failed by the following vote: Ayes: Mann (1) Nays: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Weimer stated Councilmember Mann had asked at what enormous cost they would not fund and made a comparison to the ferry decision. The difference is that the road fund can absorb this cost. They have to prioritize projects each year, but this won't break the bank. They could have afforded the match for ferry funds, but they were also going to incur huge expenses in docks and other infrastructure. That was not sustainable. This is a sustainable decision the road fund can absorb. Knutzen moved to postpone consideration until March 29, 2011. The motion carried by the following vote: Ayes: Brenner, Weimer, Knutzen and Mann (4) Nays: Larson, Crawford and Kershner (3) CONSENT AGENDA (9:23:23 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 and Mann (6) Nays: None (0) Absent: Kershner (out of the room)(1) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 11 -16 TO THE LOW BIDDERS, MCASPHALT INDUSTRIES AND PARAMOUNT PETROLEUM Whatcom County Council, 3/15/2011, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 FOR THE DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS IN THE AMOUNT OF $840,000 (AB2011 -109) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE PURCHASE OF THE ANNUAL 2011 SUPPLY OF WATERBORNE TRAFFIC LINE PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS USING AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY THROUGH VENDOR ENNIS PAINT, INC. IN THE AMOUNT OF APPROXIMATELY $450,000 (AB2011 -110) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND BACKCOUNTRY HORSEMEN OF WASHINGTON, INC., WHATCOM COUNTY CHAPTER FOR CERTAIN PORTIONS OF THE Y ROAD LANDFILL PROPERTY TO BE USED AS A TRAILHEAD AND OFF -ROAD PARKING FOR HORSE RELATED RECREATIONAL ACTIVITIES (AB2011 -111) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE FOR INSTALLATION OF WATER SYSTEM, SEPTIC SYSTEM AND RELATED ELECTRICAL SERVICE FOR THE CONSTRUCTION OF THE MT. BAKER SCENIC BYPASS WELCOME CENTER IN THE AMOUNT OF $53,300 (AB2011 -112) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE TO PROVIDE FUNDING FOR STAFFING AND OPERATIONAL SUPPORT TO THE BLAINE SENIOR CENTER IN 2011 AND 2012 (AB2011 -113) OTHER ITEMS 1. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION — REQ. #TR2011 -01 (AB2011 -108) (9:23:59 PM) Mann Reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: None (0) Absent: Kershner (out of the room)(1) 2. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS (AB2011 -104) (9:24:30 PM) Knutzen reported for the Planning and Development Committee and moved to approve the resolution with 2011 items 00003 through 00010, 00012, and 00014 through 00015, 2010 - 00026, 2009 - 00013, and 2007 - 00014. Weimer asked about the mineral resource land (MRL) on Lummi Island, item 2011- Whatcom County Council, 3/15/2011, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Brenner stated there is one potential violation that is being appealed. There isn't agreement about whether or not there is a violation. They are working on it. There were no other violations. They have an area that is permitted and a boundary that is permitted. Apparently, they're not the same. If this item goes forward, those issues will be addressed. Kershner referenced item 2011- 00008, the application she submitted. The committee voted to change her application, which isn't allowed. She moved to reinstate the application as she submitted it, to remove Whatcom County Code (WCC) 20.80.212. Move it forward as written and allow the Planning Department and Planning Commission to review it. They will make recommendations to the Council. Councilmember Brenner wanted to amend the language, but not remove it. She asked if the Council can amend an application before it goes through the process. Brenner stated the Fire Marshal doesn't want the Code section removed. They want to work on amendments to the language, not to remove the language. The Fire Marshal said it wouldn't be appropriate to remove the language. Crawford stated that the Council can move forward the docket item to delete WCC 20.80.212, and the Fire Marshal can recommend not removing the language and instead amending the language through the Comprehensive Plan process. Brenner stated she doesn't want to remove the language. She wants the language fixed. If the Council sends this forward to remove the language, that's what the Planning staff and Planning Commission will look at, which isn't what she wants. Roxanne Michaels, Planning and Development Services Department, stated the language needs to be amended either way. The request is to docket this section, however it's amended. Crawford stated that when someone applies for an amendment, it's important to respect and state their intent. If someone has a different intent, that person should have applied to make a different change. Crawford restated the motion to amend the description of PLN2011 -00008 on Exhibit A, 'Suggested amendment to mend remove section 20.80.212 of the Whatcom County Zoning Code,...." The motion to amend item 2011 -00008 carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen and Kershner (5) Nays: Mann (1) Abstains: Brenner (1) The motion to approve the resolution as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. RESOLUTION ENCOURAGING INDUSTRIAL INVESTMENT IN THE REGION'S ECONOMIC VITALITY (AB2011 -115) This item was withdrawn from the agenda. Whatcom County Council, 3/15/2011, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 INTRODUCTION ITEMS (9:38 :06 PM) Knutzen moved to accept the introduction items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen, Mann and Kershner (6) Nays: Weimer (1) 1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING AN ADMINISTRATIVE APPEAL OF A LAND DISTURBANCE PERMIT AND AN APPEAL OF THE SEPA THRESHOLD DETERMINATION, FILED BY THE SQUALICUM VALLEY COMMUNITY ASSOCIATION (AB2011 -091) 2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING AN ADMINISTRATIVE APPEAL OF A LAND DISTURBANCE PERMIT AND AN APPEAL OF THE SEPA THRESHOLD DETERMINATION, FILED BY THE CITY OF BELLINGHAM (AB2011 -092) 3. 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 -072B) 4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION — REQ. #TR2011 -01 (AB2011 -108A) S. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, THIRD REQUEST, IN THE AMOUNT OF $722,246 (AB2011 -114) OTHER BUSINESS (9:39:11 PM) Brenner stated she met with two members of the Right -Sized Jail group and Sheriff Elfo last Friday. She moved to form a jail planning committee as an advisory committee to the Council and a subcommittee of the Law and Justice Council. Weimer stated he supports the idea. Usually they set up committees via a resolution or ordinance describing the details of the committee. He asked if Councilmember Brenner will create such a resolution or ordinance. Brenner stated she will work with the Clerk of the Council to draft a resolution to establish the committee. Weimer stated he supports the idea, but wants to know the particulars. He also wants feedback from the administration about what's going on with the jail. He senses they need to ask for a supplemental environmental impact statement (EIS) to address the concerns. The administration is running away from its own EIS at this point. The question is how they're moving forward. Brenner stated a committee is a group that will focus this effort. Executive Kremen said it would be better for the Council to create the committee. Whatcom County Council, 3/15/2011, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Weimer stated he offers to help write a resolution. They should ask the administration at the next meeting how they're proceeding in the jail process. Kershner stated she agrees with Councilmember Weimer's comments. Larson stated he spoke with the Sheriff, who indicated there is already a structure in the Law and Justice Committee. The Council seems to be looking for a task force. He recommends that they ought to define the specific task and timelines, as they did with the Lummi Island Ferry Task Force. The Council will have to work with the administration to figure things out. This is a good idea to get things back on track. Weimer moved to have Councilmember Brenner draft a resolution forming a jail planning committee for consideration in two weeks. Brenner accepted the motion as a friendly amendment to her motion. Larson stated they ought to put out a notice to the citizens, letting them know the Council will solicit members of the community to participate. Crawford stated the Sheriff can put the word out to the community. Mann asked the role the Law and Justice Council has played thus far in forming plans for the new jail. If the Law and Justice Council has played a significant role, he would not want to rely on them to make up the new task force. A fresh perspective may be more effective. vote: Motion to draft a resolution for consideration in two weeks carried by the following Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:49:52 PM) Larson stated that last Thursday, the Northwest Business Monthly magazine sponsored the Whatcom County business Person of the Year event and recognized businesses and others for their work in the community. He named the honorees. The event was exciting and well- attended. Mann stated he is excited for upcoming planned field trips. Knutzen stated he is a member of the Washington State University (WSU) Extension Task Force and reported on the task force efforts to discuss budget issues. He encouraged everyone to provide suggestions regarding WSU Extension programs. He's encouraged that a promise to this community is more focus on commercial agriculture. Whatcom County Council, 3/15/2011, Page 11 1 2 3 4 5 6 1 i 1 1 1 16 17 ADJOURN The meeting adjourned at 9:53 p.m. Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council &o.w hatcom .wa.us Dana Brown - Davis, Council Clerk Sam Crawford, Council Chair Whatcom County Council, 3/15/2011, Page 12