HomeMy WebLinkAboutCouncil March 29 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
March 29, 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 (7:03:51 PM)
Present: Barbara Brenner, Sam Crawford, Bill Knutzen, Ken Mann, Tony Larson
and Carl Weimer
Absent: Kathy Kershner
FLAG SALUTE
ANNOUNCEMENTS (7 :04:53 PM)
Crawford announced there was a presentation by the EMS Planning Committee
and discussion of a "critical elements list" AB2011 -107 during the Special Committee
of the Whole meeting.
Crawford announced there was also a discussion regarding which version of a
proposed ordinance amending Whatcom County Code Title 20, to allow drive
through services in the Urban Residential Mixed Use (URMX) zone will be
introduced at the evening meeting (one ordinance amends the allowable building
size in the URMX zone and leaves drive through services as a Conditional Use
Permit and the other amends the allowable building size in the URMX zone and
changes drive through services from a Conditional Use Permit to an Administrative
Use Permit) (132011 -127 and A132011 -127A) during the Special Committee of the
Whole meeting today.
Crawford announced there was discussion with Assistant Chief Deputy
Prosecutor Daniel Gibson regarding ferry issues (AB2011 -018) in executive session
during the Special Committee of the Whole meeting.
Crawford finally announced there was consideration 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) in executive
session during the Committee of the Whole meeting.
Larson moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer and Knutzen (4)
Nays: Mann and Brenner (2)
Absent: Kershner (1)
Whatcom County Council, 3/29/2011, Page 1
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SPECIAL PRESENTATION
1. COUNTY EXECUTIVE KREMEN WILL READ A PROCLAMATION FOR CHILD
ABUSE PREVENTION MONTH IN WHATCOM COUNTY AB2011 -017 (7:07:34
PM)
Pete Kremen, County Executive, read and presented the proclamation to Brigid
Collins House Executive Director Byron Manering and Brigid Collins House Board Member
Grace Briskey. He hopes this, along with the community's involvement and commitment,
will make significant advancements in the prevention of child abuse throughout the
community.
MINUTES CONSENT (7:10:50 PM)
Brenner moved to approve all Minutes Consent items.
Mann stated there is a scrivener's error on Council packet page 207. The name
Steve Harris should be Steve Hood.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
1. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 8, 2011
2. REGULAR COUNTY COUNCIL FOR FEBRUARY 8, 2011
3. SURFACE WATER WORK SESSION FOR FEBRUARY 15, 2011
4. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 15, 2011 (Afternoon
Meeting)
S. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 17, 2011
6. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 22, 2011
7. REGULAR COUNTY COUNCIL FOR FEBRUARY 22, 2011
8. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 25, 2011
9. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 1, 2011
10. SPECIAL COUNTY COUNCIL FOR MARCH 1, 2011
11. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 4, 2011
12. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 9, 2011
13. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 14, 2011
Whatcom County Council, 3/29/2011, Page 2
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14. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 15, 2011
15. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 22, 2011
OPEN SESSION (7:12 :25 PM)
The following people spoke:
• Lisa Wolcus, 3811 Constitution Avenue, Lummi Island, spoke about the
Lummi Island ferry.
• Charles Law, Bellingham, spoke about immigration concerns and the Gateway
terminal project.
• Paul Isaacson, 3940 Isaacson Road, submitted and read from a handout (on
file) about the distribution of wealth and prosperity.
• Bruce Diele, citizen, submitted a handout (on file) and spoke about marijuana
use and stated he was given medication involuntarily without his consent
during a pulmonary breathing test
• Fred DeHaan, 655 Paul's Road, Point Roberts, submitted and read from a
handout (on file) about property taxes.
• Dennis Delahoyde, 3468 Hillside Road, Deming /VanZandt, spoke about the
Bridge at Potter Road.
• John Hammel, Point Roberts, submitted a handout (on file) and spoke about a
potential economic crash.
PUBLIC HEARINGS
1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION — REQ.
#TR2011 -01 AB2011 -108A (7 :32 :08 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Knutzen moved to approve the resolution.
Larson asked about exempting gas, oil, and mineral rights.
Steve Oliver, County Treasurer, stated someone else owns those rights on this
property.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
2. 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 (7 :35 :29 PM)
Crawford opened the public hearing and the following people spoke:
Barbara Dykes, Salish Law, PLLC, City of Bellingham Attorney, submitted and read
from a handout (on file). The City has three main concerns. First, the limited areas of
Whatcom County Council, 3/29/2011, Page 3
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more intense rural development (LAMIRDs) and non -rural development in the rural areas
(NDIRAs) result in increased density, low- density sprawl, and impacts the City. There has
been no consultation with the City. Second, they are proposing to adopt zoning overlays
that will increase the number of homes in the Lake Whatcom watershed. This goes against
County commitments to reduce impacts to Lake Whatcom. Third, arterial roads coming into
the city will be affected by this action. The County shouldn't proceed on the State
Environmental Policy Act (SEPA) determination of non - significance (DNS) dated May 2009.
They are enacting new LAMIRDs that have no SEPA review.
Abe Jacobson, 2314 Samish Way, Bellingham, submitted and read from a handout
(on file). The deadline is artificial. There has been no analysis of downstream costs
resulting from this ordinance. He can't attend the daytime work sessions, which are poorly
documented. People can't follow this process.
Dymond Nicon, architect, stated he is working on project on Interstate 5 (I -5) and
North Lake Samish for a two story office building. He hopes to begin construction in June.
He described the project details. He would like the property to retain its current zone.
David Stalheim, 1232 Roland, Bellingham, stated he thanks the Councilmembers for
their hard work and respect the citizens and diversity of opinion. He thanked the County
Planning Staff also. In the County's designation of urban growth, there isn't any place that
doesn't have more intense rural or urban development in Whatcom County along the marine
shoreline and the Guide Meridian. The Council has not forwarded new rezones, the R5
overlay, and nine new LAMIRDs to the Planning Commission or had SEPA review. He
referenced information he submitted previously.
Eric Hirst, 1932 Rhododendron Way, Bellingham, stated he is opposed to the rural
residential overlay in the Lake Whatcom watershed. The current proposed ordinance will
impose major cost on county taxpayers in terms of public infrastructure associated with all
the new development. Proposed zoning changes and expanded LAMIRDs provide upzone
gifts that don't provide any benefit to the public. The economy and construction industry
are in terrible shape. There's no demand for all this new construction. He supports the
Planning Commission recommendation from October 2009.
Paul Isaacson, 3940 Isaacson Road, stated he requests that his property be removed
from the LAMIRD. Money can be better -spent than on these land use arguments. He will
commit $5,000 to any county charity if no multi -party or special interest files an immediate
lawsuit or challenges the Council's decision. He will suffer the biggest loss as a result of this
decision. The City of Bellingham just submitted a long report, but never showed up for the
work sessions. The Council has given everyone ample opportunity to speak in this process.
Darcy Jones, Jones Engineers, stated he thanks the Councilmembers for their work.
A thriving rural economy is essential for achieving a vibrant downtown. Cherished rural
lands are owned by private families. Their good stewardship is the reason they value their
lands. The updated rural land use element is an opportunity to thank those people, not
penalize them.
Scott Swanson, 900 Dupont Street, submitted a handout (on file) stated he proposes
a language change the rural industrial manufacturing (RIM) zone.
Dean Martin, 2823 Walnut Street, submitted and read from a handout (on file). The
proposed ordinance is not consistent with State law, promotes sprawl, and increases
conflicts with agricultural operations. It also adversely affects water quality and quantity
Whatcom County Council, 3/29/2011, Page 4
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and the environment. It will create a sustained drain on the County budget to service this
rural sprawl. There are many areas next to agriculture that aren't required to have
buffering. They are supposed to buffer development and agriculture on the development
side. A LAMIRD should not include agricultural land. A 20,000 or 30,000 square foot
building is not rural in nature and competes with urban development. Protect agriculture,
the environment, and county taxpayers.
Jack Swanson, 900 Dupont Street, submitted a handout (on file). He referenced the
recommended LAMIRD at I -5, Birch Bay Lynden Road, and Valley View Road from
FutureWise. The current proposal is considerably smaller than what FutureWise proposed.
The Growth Management Hearings Board should accept it.
Dean Brett, Friends of Chuckanut, stated he thanks the Council for its work and
getting done on time. He is in favor of the proposal for the Chuckanut area.
Warren Sheay, Humbolt, Bellingham, stated non - compliance is an embarrassment.
This should not be about pleasing specific, individual property owners. The process should
be about establishing sound planning principles that will protect rural land. He supports the
recommendation of FutureWise. Reduce the allowed building sizes, remove agricultural land
from the LAMIRDs, remove the Gold Star and Emerald Lake LAMIRDs, and remove the rural
residential overlay in the Lake Whatcom watershed. Do what's best for all the citizens of
the county.
Amy Mower, Silver Lake Road, Maple Falls, submitted and read from a handout (on
file). Significantly revise the proposed ordinance as she recommends in her handout. She
supports the FutureWise recommendation.
Linda Twitchell, Building Industry Association (BIA) of Whatcom County, stated she
talked with Henry Bierlink who represents Whatcom Farm Friends. They are not worried
about the propose LAMIRDs. He wrote a letter to that effect. Mr. Bierlink asked why the
Council removed the setback language. The LAMIRD in Laural would be appreciated. They
need the tax base.
Laura Leigh Brakke, Pleasant Bay Road, submitted and read from a handout (on file).
Much of the work the community did to define rural has been eliminated. Include language
that acknowledges that residential development degrades water quality. Councilmembers
made motions from others' recommendations without analysis of the impacts, such as the
truck plaza business.
Jean Melious, 1925 Lakecrest Drive, stated a concern is the re- distribution aspect of
the proposal. When LAMIRDs and density overlays are near a city, there is incentive to
leapfrog over where the Cities are planning, since the County doesn't charge impact fees.
Also, farmers are being asked to subsidize rural businesses. That's not good planning.
John Steensma, 9295 Axling Road, Lynden, submitted and read from a handout (on
file) and stated he is a dairy farmer. The proposal has no buffers between LAMIRDS and
industry, and tall buildings can be built right next to his property. Require a minimum
buffer of 35 feet. Don't shade his agricultural lands.
Roger Almskaar, Land Use Consultant and Whatcom Chapter of Citizens Alliance for
Property Rights Board Member, stated the Council has done a very good job of rolling back
some of the over - reaching regulations. The Planning Commission recommendation was too
extreme. The FutureWise recommendation ignored the goals of the Growth Management
Whatcom County Council, 3/29/2011, Page 5
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Act and the majority of residents of the rural areas. Come up with a compromise on the
maximum building size to lift the moratorium. The law doesn't say there has to be a public
benefit to an upzone.
Ramona Abbott, 5483 Noon Road, stated she speaks on behalf of herself and six
neighbors. There is no guarantee of land value. Think of infrastructure costs that will be
passed on to taxpayers.
Richard Russell, Glacier, stated he is having a hard time being notified of what is
going on regarding his property.
Wendy Harris, Bellingham, stated the rural element must protect fish and wildlife,
critical areas, and water resources. The current proposal is long on development and short
on conservation. They must reconcile LAMIRD areas with critical areas maps. They need to
protect natural resources.
Dannon Traxler, 709 Dupont Street, stated she representing two clients. She agrees
with comments from Mr. Dymond Nicon. Consider their property for inclusion in a type II or
type III LAMIRD, as appropriate. She also represents the family that owns Governor's
Point, which has always been planned for development. Make Governor's Point a type I
LAMIRD. Don't give into the threat of a veto, which has had no analysis.
Shane Roth, 3925 East Connecticut Street, Bellingham, stated the Council is taking
two extra weeks and not meeting the deadline, because they don't have the votes they
need, due to the absence of Councilmember Kershner.
Todd Donovan, FutureWise, stated the Council must still make some changes.
Include the concept of forestry uses in the definition of rural character. There is a heavy
use of R5 zones and the residential overlay that makes the proposed ordinance subject to
legal challenges. Lake Whatcom is being neglected and ignored. Address the small town
commercial designation, the type I LAMIRD, and building sizes.
Ron Reimer, Whatcom County Chapter of the Citizens Alliance for Property Rights
President, submitted and read from a handout (on file). This proposal is not perfect, but is
close. The Growth Management Act does not prioritize its 13 goals. Define what is a timely
permitting process.
Cathy Lehman, FutureWise of Whatcom County Chapter Director, stated her written
testimony makes clear what they hope to see in this proposal. She is in favor of extending
this process two more weeks if it doesn't result in an ordinance that they will have to
appeal.
Thom McLaughlin, 3576 Mosquito Lake Road, stated his biggest concern is the
continuing legal complications with the State. Several points of the current proposal don't
meet legal requirements. He is concerned about the East County. Plats were originally
designated for recreation. Current infrastructure doesn't meet any standards.
Hearing no one else, Crawford closed the public hearing.
(8:48:51 PM)
Crawford moved to refer to a Special Committee of the Whole meeting on April 12.
The written record will be left open until 5:00 p.m. on Monday, April 11.
Whatcom County Council, 3/29/2011, Page 6
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Brenner suggested a friendly amendment that the written record be left open
until a week before the meeting.
Crawford did not accept the friendly amendment.
Brenner moved to amend the motion so that the written record be left open until a
week before the meeting, at 5:00 p.m. on Tuesday, April 5. Otherwise, many written
comments will come in the day before or day of the meeting. The councilmembers need
time to read written comments, to be fair to those who write them.
Mann stated he also does not like to receive big documents at the last minute.
However, it's the author's responsibility to provide the letter in a timely way. They're going
to get written comments until the last moment anyway.
Larson stated he supports the motion. They will receive emails to the last minute,
but he would like to give people a thorough review of their letters.
The motion to amend the motion carried by the following vote:
Ayes: Larson, Brenner, Weimer and Knutzen (4)
Nays: Mann and Crawford (2)
Absent: Kershner (1)
Larson stated a comment was made that this process was moving too quickly and
the Council isn't providing information to the public. A comparison was made to the federal
healthcare bill. That isn't a fair comparison. Every time the Council has made changes,
staff has made those changes and made them available within 24 hours. The challenge is
to meet the requirements of the GMA. Many criticisms are about language the Council
changed, but the Council substituted language that is directly in the GMA. They must
balance the 13 goals of the GMA to create a better quality of life in Whatcom County.
Quality of life isn't just about the environment. The environment is very important. One
goal of the GMA is the protection of individual property rights. They have to weigh that goal
on every decision they make. Another goal is the focus on economic development. Quality
of life is a whole different conversation when one doesn't have a job. If he could, he would
add a 14th goal to the GMA that would be about standing up for common sense. Some of
the regulations in the GMA don't make sense. The Growth Management Hearings Board
members are political appointees. When governors and ideologies change, the Hearings
Board will change. The County Council, not the Hearings Board, is looking out for the
county residents. It doesn't make sense to prohibit an industry from expanding a building
in a LAMIRD, but allow the industry to build several smaller buildings. The Council has done
a good job dealing with complicated issues.
Knutzen stated he agrees with Councilmember Larson. Less than 15 percent of
Whatcom County is privately held. The rest is owned by government. The government
can't give away what it has previously taken from someone. He's disappointed with how
many people were concerned about the one or two people who got upzoned, as opposed to
the many people who got downzoned. Those are takings. Many people based their
retirement on what their property was zoned. They are losing their retirement value. The
County must comply with Olympia. Some people won't be happy until 100 percent of the
county is owned by the government.
Mann asked if the Council will have another public hearing two weeks after the
Committee of the Whole meeting.
Whatcom County Council, 3/29/2011, Page 7
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Crawford stated the Committee of the Whole can make changes on April 12. Then
the Council can introduce a new ordinance that evening. Have a new public hearing two
weeks after that.
The motion to hold in Committee, with the written record open until April 5, carried
by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
CONSENT AGENDA (9:01 :55 PM)
Mann reported for the Finance and Administrative Services Committee and stated
Consent Agenda item five was held in Committee. He moved to approve Consent agenda
items one through four and six through nine.
The motion to carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DIVISION OF ALCOHOL AND SUBSTANCE ABUSE FOR SUBSTANCE
ABUSE PREVENTION, TREATMENT AND OUTREACH SERVICES AB2011 -120
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
THE JET OLDSTERS ASSOCIATION OF FERNDALE FOR FERNDALE SENIOR
ACTIVITY CENTER STAFFING AND OPERATIONS IN THE AMOUNT OF
$102,812 AB2011 -119
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND REID MIDDLETON, INC. TO
PROVIDE PRELIMINARY ENGINEERING NEEDED TO COMPLETE A
CONSTRUCTION BID PACKAGE FOR A NEW TRAFFIC SIGNAL, INTERSECTION
IMPROVEMENTS, ILLUMINATION, PAVING, GRADING, SIGNING AND
CHANNELIZATION IN THE AMOUNT OF $176,692.91 AB2011 -121
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY (SHERIFF'S OFFICE DEPT OF
EMERGENCY MANAGEMENT) AND SNOHOMISH COUNTY FOR THE PURPOSE
OF ALLOCATING GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND
SECURITY TO ENHANCE THE CAPABILITY OF LOCAL UNITS OF GOVERNMENT
TO PREVENT, DETER, RESPOND TO AND RECOVER FROM CATASTROPHIC
AND /OR TERRORIST EVENTS IN THE AMOUNT OF $264,408 AB2011 -122
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
FERNDALE FOR THE PURPOSE OF ADMINISTERING THE USE OF ECONOMIC
DEVELOPMENT INVESTMENT FUNDS FOR PUBLIC FACILITY COSTS RELATED
Whatcom County Council, 3/29/2011, Page 8
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TO THE CONSTRUCTION OF AFFORDABLE HOMES IN THE AMOUNT OF $1.2
MILLION AB2011 -123
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY COUNCIL
ON AGING TO PROVIDE STAFFING AND OPERATIONAL SUPPORT AT THE
BELLINGHAM SENIOR ACTIVITY CENTER IN THE AMOUNT OF $102,812
AB2011 -124
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTH SOUND MENTAL
HEALTH ADMINISTRATION FOR CRISIS RESPITE BEDS AND STAFF AT THE
CRISIS TRIAGE FACILITY IN THE AMOUNT OF $286,000 AB2011 -125
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ELIZABETH SNYDER, 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 IN AN
AMOUNT THAT IS VARIABLE DEPENDING ON NUMBER OF SERVICES
PROVIDED AND AUTHORIZATION BY THE HEALTH DEPARTMENT AB2011-
126
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
LYNDEN TO PROVIDE FUNDING FOR STAFFING AND OPERATIONAL
SUPPORT, INCLUDING MINOR CUSTODIAL SUPPLIES, FOR THE LYNDEN
SENIOR CENTER IN 2011 AND 2012 (AB2011 -132)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $722,246 AB2011 -114 (9:03:05 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. He moved to amend the ordinance to remove $136,658 from Non -
Departmental for the Lake Whatcom reconveyance.
Weimer stated he is against the motion to amend. This contract has been in place
for a long time. It is a contract with the State Department of Natural Resources (DNR). It's
to re- appropriate money the County may owe the State. Move forward. The decision on
the reconveyance is coming forward this year.
Larson stated he is in favor of the motion to amend. He doesn't support the
reconveyance. Building a park in this economy isn't wise. The process is to spend the rest
of the $300,000. That park will take revenue away from the school district and cost the
County more money. It will put more people in the watershed. There are many reasons for
stopping the process.
Mann stated he is against the motion to amend. They've already received some of
the services, so the County owes money. This is not the way to kill a park project. Wait
Whatcom County Council, 3/29/2011, Page 9
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until they have a public hearing on the reconveyance and find out what the citizens of the
county want.
Brenner stated this will not help the watershed at all. It will cost the County quite a
bit of money. They can't find out how much has been spent to date. This is the same
argument that's been used throughout the process.
Knutzen stated he agrees with Councilmember Brenner. They've had the opportunity
to stop this process many times. Each time, the cost is a couple of hundred thousand
dollars the taxpayers are spending because the Council didn't stop the process last time.
They are dragging on this process to the point where they've invested so much money that
it doesn't make sense to cancel the process. The sooner they shut down this project, the
less money it costs the taxpayers.
The motion failed by the following vote:
Ayes: Larson, Crawford, Brenner and Knutzen (3)
Nays: Crawford, Weimer and Mann (3)
Absent: Kershner (1)
Crawford moved to reconsider the motion.
The motion to reconsider carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
Crawford restated the motion to amend to remove item two, $136,658 from Non -
Departmental for the Lake Whatcom reconveyance.
The motion to amend the ordinance carried by the following vote:
Ayes: Larson, Crawford, Brenner and Knutzen (4)
Nays: Mann and Weimer (2)
Absent: Kershner (1)
Mann reported for the Committee and moved to remove item six from the
ordinance, $410,000 for the EDI application regarding affordable housing. The Committee
recommends holding this item in committee.
vote:
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
The motion to adopt as amended, without items two and six, carried by the following
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
2. COUNCIL APPOINTMENT OF DR. MARY EDGLEY TO SERVE AS
COMMISSIONER TO THE POINT ROBERTS PARK AND RECREATION DISTRICT
#1 UNTIL A SUCCESSOR IS ELECTED AT THE NOVEMBER 2011 GENERAL
ELECTION AB2011 -116 (9:13:54 PM)
Whatcom County Council, 3/29/2011, Page 10
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Brenner moved to appoint Mary Edgley.
The motion to appoint carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
3. 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 (9:14 :20 PM)
Brenner moved to approve the resolution.
Mann stated it's his duty to make sure they're being as frugal as possible. As he
reads the amendment regarding the bridge, it is to increase a small amount of $70,000 for
right -of -way acquisition and a $150,000 for design.
Joe Rutan, Public Works Department, stated that's correct.
Mann asked how much of the right -of -way acquisition would be done no matter what
the design is. Rutan stated the right -of -way needs will be the same, a 60 -foot corridor,
regardless of the bridge width.
Mann asked if the County would spend the $70,000 anyway. Rutan stated that if a
narrow bridge design is chosen and funded, the right -of -way need would be the same.
Mann asked how much of the $150,000 for design funds would be applicable to any
size bridge. Rutan stated a lot of it has to do with the roadway approaches to the bridge. A
new bridge will be constructed next to the existing bridge. Most of the right -of -way is for
the road going to the new bridge in any design scenario. It isn't affected by the design
bridge.
Larson stated he is in favor of the motion. He completely understands
Councilmember Mann's opinion of spending that much money. However, those projects
would be done anyway in the future, and grant money is available now. From a business
standpoint, this is the best way to build the bridge if they have to build it anyway. It will
cost much more under other terms.
Mann stated he questions whether they would have to spend the money either way.
They don't have to build a two -lane bridge with wide shoulders. He hopes to find a simpler
situation. He doesn't intend to forego a bridge completely. Instead, find a better
alternative. They must be frugal and strategic. He doesn't want to jeopardize all the grant
funding. They will be making these expenditures no matter the size of the final bridge
design. Therefore, he can vote for this now. Find a better final solution.
The motion to approve carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
Whatcom County Council, 3/29/2011, Page 11
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4. RESOLUTION IN SUPPORT OF MAINTAINING THE OLYMPIC COORDINATION
CENTER IN WHATCOM COUNTY AB2011 -118 (9:20:42 PM)
Dewey Desler, Administrative Services Department, gave a staff report and
described the background of this issue. They have been communicating with federal
representatives. A meeting is scheduled next week.
Bill Elfo, Sheriff, gave a staff report on the history of the Olympic Coordination
Center. The sticking point is that the Port of Bellingham insists on charging a market rate
rent of approximately $300,000 a year. That rent rate would kill the deal with other
agencies. They are continuing conversations with private sector for funding.
Brenner stated make sure the Port knows it's in their best interest that this facility
remain. Look at all the County -Port agreements to do the same thing to them. Elfo stated
neither the Port's elected officials nor the Director have attended the meetings on the issue.
The Port says the market rent is required by a Federal Aviation Administration (FAA)
regulation.
Larson stated communicate to the federal government that it would be ridiculous to
remove the equipment. Most of the up -front cost was for labor associated with installing
the technology. Elfo stated it was developed as a legacy system and a model for the rest of
the nation. The federal government will send a decision - making representative to the
meeting on April 6. Representative Rick Larson has been in touch with the Department of
Homeland Security.
Larson asked if it's feasible for the Sheriff's Office to use the space for the dual
purpose of the jail. Elfo stated there are opportunities. It's already used for law
enforcement in the other side of the building. The Department of Homeland Security (DHS)
retains its air and marine unit on the other side of the building. They also have a DHS
function in one of the offices. The Port is making them move. They have discussed
partnerships with What -Comm, but it's not possible with a rent of $300,000 per year.
The motion to adopt as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
INTRODUCTION ITEMS (9 :29 :57 PM)
Brenner moved to accept the introduction items.
The motion to adopt as amended carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
1. ORDINANCE AMENDING WCC TITLE 20, TO ALLOW DRIVE THROUGH
SERVICES IN THE URBAN RESIDENTIAL MIXED USE (URMX) AB2011 -127
2. ORDINANCE AMENDING WCC TITLE 20, TO ALLOW DRIVE THROUGH
SERVICES IN THE RESORT COMMERCIAL ZONE (RC) AB2011 -128
Whatcom County Council, 3/29/2011, Page 12
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OTHER BUSINESS (9 :30:42 PM)
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9 :30 :56 PM)
Mann stated Domestic Violence and Sexual Assault Services is hosting its annual
Victory Over Violence luncheon this Friday at Northwood Hall. He will emcee the event.
ADJOURN
The meeting adjourned at 9:31 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, 3/29/2011, Page 13