HomeMy WebLinkAboutCouncil October 11 20111
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WHATCOM COUNTY COUNCIL
Regular County Council
October 11, 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
Crawford asked for a moment of silence for Lummi Island resident and active
community member Polly Hansen, who passed away this morning.
MINUTES CONSENT (7:02:12 PM)
Knutzen moved to approve the Minutes Consent items.
Brenner stated there is a scrivener's errors on Council packet page 415, line 25,
"residents s,� °° ee"
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REGULAR COUNTY COUNCIL FOR SEPTEMBER 13, 2011
2. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 20, 2011
3. COMMITTEE OF THE WHOLE FOR SEPTEMBER 27, 2011
4. REGULAR COUNTY COUNCIL FOR SEPTEMBER 27, 2011
S. BOARD OF HEALTH FOR OCTOBER 4, 2011
Whatcom County Council, 10/11/2011, Page 1
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OPEN SESSION (7:04 :19 PM)
The following people spoke:
• Joy Gilfilen, Whatcom County ReEntry Coalition President, submitted and read
from a handout (on file) regarding social change issues.
• (Clerk's Note: The speaker following Joy Gilfilen requested that his /her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
• Greg Brown stated there is a property rights forum Saturday at the Ferndale
Events Center and spoke about not funding the Agriculture Strategic Plan
consultant.
• Bruce Diele spoke on the issue of using pepper spray for bear attacks.
• Christopher Knight stated he has questions about the shipping terminal.
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FOR APPROXIMATELY 470 ACRES SOUTH OF DRAYTON HARBOR ROAD AND
NORTH OF LINCOLN ROAD, FROM THE DESIGNATION OF RURAL 1 UNIT PER
10 ACRES TO RURAL 1 UNIT PER 5 ACRES (AB2011 -274) (7 :17 :12 PM)
Crawford opened the public hearing, and the following people spoke:
Lincoln Rutter stated he requested a review by the Whatcom County Ethics
Commission regarding Councilmember Sam Crawford's business. He is involved in obtaining
building permits and subdivision permits as a consultant to the public at large. The Ethics
Commission told him to provide more information. He asked Councilmember Crawford the
nature of his business. Councilmember Crawford's request to upzone these 470 acres is a
conflict of interest. The people who receive this upzone may feel compelled to use
Councilmember Crawford's service in the future. An allegation of conflict of interest is
important, and worthy of response.
He also brought this issue forward to Executive Kremen, who purchased land in a
limited area of more intense rural development (LAMIRD) that did not comply with the
Growth Management Act. Executive Kremen controlled the budget that would allow the
Planning Department to comply or not comply with the Growth Management Act. That is a
conflict of interest, and should be reviewed by the Ethics Commission.
He would like to hear from Councilmember Crawford why this is not a conflict of
interest, when he can be responsible for increasing the zoning of customers with whom his
firm may do business. Don't vote for this upzone. Further real estate speculation drives
economic recession and property devaluation, which leads to rising poverty.
Scot Swanson, area property owners' representative, submitted and read from a
handout (on file). He described the history of the property. The Planning Commission and
Planning staff support the proposal. He supports the ordinance.
Geoff Menzies referenced his email. The Shellfish Protection District Advisory
Committee didn't get notice soon enough to meet and formally comment. He doesn't know
how many landowners are interested in the rezone. He doesn't know what is incorrect
about the R10 zoning. Without services, the urban residential, four units per acre (UR4)
zoning is meaningless. The standing zone was R10. He is concerned about the State
Whatcom County Council, 10/11/2011, Page 2
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Environmental Policy Act (SEPA) determination of non- significance (DNS), because the
environmental information is incomplete.
Ron Reimer, City's Alliance for Property Rights, stated he supports the ordinance.
The parcels have negligible farm value. They are suitable for five -acre plots. It doesn't
impact agricultural ground. Landowners should be able to use their land as they see fit.
The more supply, the less expensive things are.
Hearing no one else, Crawford closed the public hearing.
Kershner moved to adopt the ordinance.
Brenner stated she wanted to ask Planning Department staff about the SEPA review.
Peter Gill, Planning and Development Services Department, stated the Planning
Department did the SEPA review. The checklist was filled out as a non - project review,
which does not require them to go through all the regular questions that a project action
would require.
Brenner stated this action does correct a mistake. The original intent was to do this
previously. Once the land was removed from the Blaine urban growth area, it was
supposed to be zoned rural, one unit per five acres (R5A). This would make the zone the
way it was supposed to be. The Council made a commitment to Drayton Harbor. Mr.
Menzies has good ideas that should be incorporated in a Drayton Harbor Watershed plan.
She particularly liked the idea of requiring small farm planning on the site to minimize
impacts to Drayton Harbor from livestock waste. She thought they were doing that already
with new lots. She asked whether the Conservation District is still working on small farm
plans. Another idea would be for the County to develop a more accurate assessment of
wetlands in the area, to determine the feasibility of development. She lives on two acres,
and has achieved a net retention of stormwater. There are ways to be a benefit to the
watershed, no matter the parcel size. Gill stated the County critical areas ordinance
requires small farm plans. If people are not adhering to the standard buffers of the critical
areas ordinance, a farm plan is required. However, the County no longer funds the
Conservation District to do farm planning or outreach for the Conservation Program on
Agriculture Land (CPAL) program.
Brenner stated that is a public health issue that the County should fund. Bring it
forward. She asked about developing and implementing stormwater regulations for this
density of development, which is R5A. Gill stated they have only done that for lots smaller
than five acres.
Kershner asked if any of the area is in the floodplain. Gill stated it is not in the
floodplain.
Kershner stated she reviewed comments received from the public. One concern was
about a Comprehensive Plan policy regarding rezones that was removed in May, 2011. The
word "discourage" does not mean "disallow." That policy could not be used against the
County at a Hearings Board if this were appealed. A rezone doesn't necessarily mean there
will be development. Many steps in between would be considered. The critical areas
ordinance will protect Drayton Harbor. All development regulations will apply. The Shellfish
Protection District was notified. This area was zoned UR4, an approximate reduction of
1,800 homes that could have been built there. The SEPA was adequate because this is a
non - project action. Regarding Policy 2GG -4, the Hearings Board ruled that R5 is a rural
Whatcom County Council, 10/11/2011, Page 3
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character, and it is consistent with Whatcom County's rural character. The area is
surrounded by general commercial, UR4, and R10. She will support the ordinance.
Mann stated he won't focus on environmental impacts of development in a swampy
area that drains into a couple of watersheds. In general, don't build in areas that are wet.
There are fiscal impacts to the rest of the people in the county. When they put a bunch of
houses in a rural area, it costs a lot of money to service them, including roads and sheriff
protection. The County doesn't have impact fees. He referenced the roads on the annual
road construction program, the next item on the agenda. The top five projects on the
program include multi - million dollar projects in this area. The downside to building in this
location is about $12 million. The County can't afford that. He is opposed to the ordinance.
They must be more conservative.
Weimer stated he is also against the ordinance due to environmental issues. This
land sits between the two critical areas of Drayton Harbor and Birch Bay. The science is
clear that increased development results in increased runoff from a variety of sources. They
have a critical areas ordinance that requires many things, but the County does nothing to
enforce the critical areas ordinance. The CPAL program is the perfect example of that. The
CPAL program would help reduce impacts from farming and livestock in the area, but the
County hasn't funded that program or provided inspectors in that area to deal with those
issues. The septic system program has turned into a joke. Owners can certify their own
systems in about five minutes online. He will vote against the ordinance.
Brenner stated she disagrees with Councilmember Weimer's comments about the
septic system program. She also wants the CPAL program funded. She didn't vote for the
last budget because plenty of wanted items were funded at the expense of needed items.
The Council can bring forward a request to fund the CPAL program. She looks forward to
other councilmembers working with her to bring that forward. She will support the
ordinance. The R5A zone is rural.
Crawford he disagrees that the County does nothing to enforce the critical areas
ordinance. The County robustly enforces the critical areas ordinance daily.
Weimer stated they don't as it regards to farming. No one from the County enforces
CPAL small farm projects.
Crawford stated he disagrees. Here, the County was faced with several appeals as a
result of action in November 2009 to reduce UGAs and replace them with designated
zoning. At the time, there were significant policy issues going on with R10 versus R5,
particularly in the long -term and near urban areas. The aggrieved parties in the petitions
from this area will still suffer a 2,000 percent reduction in density, as opposed to a 4,000
percent reduction in density before. However, they have agreed to drop their petitions with
the Hearings Board.
Knutzen stated he is offended by the statement that farmers aren't being inspected.
They are being inspected on the County, State, and federal levels. Farmers are getting
over - inspected. The inspectors are overstepping their bounds and trying to take jurisdiction
away from each other. He would like there to be less policing of the farming community.
Spend more time figuring out who has jurisdiction.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Mann and Weimer (2)
Whatcom County Council, 10/11/2011, Page 4
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2. RESOLUTION ADOPTING THE 2012 ANNUAL ROAD CONSTRUCTION
PROGRAM (AB2011 -309) (7:47:08 PM)
Crawford opened the public hearing, and the following person spoke:
Lincoln Rutter stated only one landowner will benefit from $12 million road
improvements in the Drayton Harbor, Birch Bay, and Semiahmoo areas. That land was
zoned forestry and didn't pay taxes. Only recently has that land been assessed a multi-
million dollar assessment as it came out of the forestry program. He has a Tax Board of
Appeals regarding the other 430 acres. Many of those acres pay less than the tax exempt
rate. The County is building $12 million roads out to this remote area that serves only one
landowner. The County is really doing this on the part of a very powerful special interest
group that owns the predominant amount of acreage. Other, more legitimate, and more
cost - effective areas of urban development exist. Don't spend $12 million when property
devaluation is predicted to increase by 15 percent next year. The Council's failure to
enforce the principles of the Growth Management Act reveals a lack of integrity on the part
of several councilmembers.
Hearing no one else, Crawford closed the public hearing.
Larson moved to approve the resolution.
Mann asked Public Works Department staff about specific roads. He will vote against
this resolution. He asked about missing data on expenditures to date on the Lincoln Road
project.
Joe Rutan, Public Works Road Engineer, stated he hasn't got some of the bills yet.
They will come in a little under budget.
Mann stated the price tags are huge on things that aren't justified at this time. He
asked about the structural overlay on Lake Whatcom Boulevard and the Hannegan Road.
He asked what happens if they don't do the structural overlay. Rutan stated they want to
maintain the road surface. He explained the process, which is a capital project, not a
maintenance project. They are not widening the road.
Mann asked about the Potter Road bridge and when they'll find out if the Bureau of
Indian Affairs (BIA) and Nooksack Tribe will help the County with this cost. Rutan stated
the Tribe submitted a request for $1.5 million.
Mann stated those are his major concerns with the road program. These projects
are too costly, and are disproportionate to the benefit received.
Brenner stated her biggest problem has to do with the Public Works Department
dumping tons of gravel on various roads. She received many complaints about it. She will
vote against the resolution. Create an ordinance that doesn't allow chip seal except on
sharp curves and steep slopes. It doesn't extend the life of the roads. She talked to
experts who said that it is also very damaging to vehicles.
Crawford asked the difference between chip sealing and paving. Rutan explained the
chip seal program. The State is increasing its chip seal program to save money.
Whatcom County Council, 10/11/2011, Page 5
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Knutzen stated he agrees that the costs are expensive. However, he toured Lincoln
Road. That project will result in completely treated runoff into Drayton Harbor. Many other
added costs factored into the equation. $12 million doesn't go far. He commends the
County and project contractor. They have to maintain these County roads, which are
County property. It's expensive to follow the law.
Brenner stated the County is subject to State and federal rules. Rutan stated he also
believed that they used too much rock this year. He met with the crew, who has a new
crew leader. They will be refining that operation.
Mann stated he supports doing projects well and following all the environmental
laws. He suggests that the County just not do some of these projects. No one is forcing
the County to upgrade these intersections or install multi -lane roads. Rutan stated the
County has a concurrency ordinance that determines level of service. The County has three
options: build, change the zoning, or change the level of service.
Mann stated the option to build is the most expensive option. They can opt to not
build. If the BIA contributes to the Potter Road bridge, he will vote for the bridge.
Otherwise, he won't.
Crawford thanked the Public Works Department for putting together a good program.
In taxes to the road fund, the County collects over $20 million per year. The folks who pay
that money have high expectations. The Department does a great job meeting that
expectation. The Birch Bay area is the fastest growing population center in Whatcom
County. These road projects haven't developed overnight. They've been worked on and
planned for many years. They don't know precisely what will be done with $2 million
promised for the improvements at Gooseberry Point. That project will need matching
money.
Larson stated he agrees with Councilmember Mann about the costs of the projects.
He was concerned about the priorities in the six -year plan, which is a wish list. Some of
these things have come forward at Finance Committee, but he's been told it's already
approved. This is the point of approval. The final approval of any project comes up during
Finance Committee when they decide to allocate dollars. The Public Works Department has
to have a plan in place. He will make his final decisions as these project bids come forward.
He won't accept an argument that the County has already spent money on or approved a
project.
Weimer stated he will support the resolution. Much money will go toward Birch Bay,
but it's mostly going to major intersections at Birch Bay Blaine Road and Birch Bay Lynden
Road at Interstate 5. Those intersections are pretty bad. Previous councils have designated
Birch Bay as an urban growth area for many years. The biggest project is not a typical
road. It creates a pedestrian - friendly walkway that should enhance tourism and is good for
the shoreline. At this point, the project is a placeholder in case grant funds become
available.
Brenner stated Mr. Rutan gave his word about the chip seal. She will support the
resolution. She doesn't agree with the negative comments about the intersection upgrades,
which are really for safety reasons. Potter Road bridge is the only way in and out of the
area. There aren't other options. She's encouraged that the Nooksack Tribe will be part of
the solution. They are going to build houses, and have an investment in helping the
County.
Whatcom County Council, 10/11/2011, Page 6
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Mann stated there is a nexus between zoning, population growth, and spending
money on roads. Think about that when making zoning decisions.
Kershner stated she is impressed with Public Works staff, particularly Mr. Rutan. If
councilmembers have projects who they don't want on the plan, remove them from the plan
so staff don't go through the exercise of permitting and applying for grants, only to get to
the Council to be denied. Decide on the plan to go forward for the year. Don't have staff
work on a project that will not ultimately be approved.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN
500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS (AB2011 -145B) (8:15:03 PM)
Crawford opened the public hearing, and the following people spoke:
Greg Brown stated the Planning Commission has worked hard on the permanent
ordinance. Wait to extend this until the Council reviews the Planning Commission package.
Larry Helm stated he supports extending moratorium. There is vibration from a wind
energy system a half -mile away. There are side issues with wind energy systems.
Hearing no one else, Crawford closed the public hearing.
Brenner moved to adopt the ordinance. There is no moratorium on residential wind
generators. The community size systems are big. It's a great way to produce green power.
A new type of generator installed on top of buildings is being used by a company in Ohio
and Texas. She would like them to come to Whatcom County. They don't have to put up
with systems that shake the whole house. Personal responsibility in green energy is good.
They can all produce their own green energy. She's not comfortable with the big ones near
homes. They are allowed in areas where people don't live.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
CONSENT AGENDA (8:20 :32 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one, two, and four through seven. Item three is held in
committee.
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 WASHINGTON STATE HEALTH
Whatcom County Council, 10/11/2011, Page 7
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CARE AUTHORITY TO PROVIDE OUTREACH TO WASHINGTON RESIDENTS
RESIDING WITHIN WHATCOM COUNTY WHO ARE POTENTIALLY ELIGIBLE
TO BE ENROLLED IN THE MEDICAID PROGRAM (AB2011 -321)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LUTHERAN COUNSELING
NETWORK FOR MENTAL HEALTH TREATMENT SERVICES FOR WHATCOM
COUNTY RESIDENTS WHO HAVE NO OTHER READILY AVAILABLE SOURCE OF
FUNDING TO PROCURE MENTAL HEALTH SERVICES (AB2011 -322)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT OF A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM
COUNTY AND WASHINGTON STATE UNIVERSITY TO CONTINUE THE JOINT
SHARING OF COSTS FOR FACULTY POSITIONS IN WSU EXTENSION, IN THE
AMOUNT OF $83,542, FOR A TOTAL AMENDED AMOUNT OF $931,458.90
(AB2011 -323)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROVIDE SOLID WASTE
COMPLIANCE MANAGEMENT AND LITTERING AND ILLEGAL DUMPING
ENFORCEMENT SERVICES, IN THE AMOUNT OF $37,973, FOR A TOTAL
AMENDED AMOUNT OF $151,889 (AB2011 -324)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MODIFICATION TO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM
COUNTY AND WHAT -COMM COMMUNICATIONS CENTER TO INTEGRATE THE
$1.5 MILLION REVENUE SHARING PLAN THAT WAS RECENTLY APPROVED BY
THE WHAT -COMM ADMINISTRATIVE BOARD (AB2011 -325)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A CONTRACT BETWEEN WHATCOM COUNTY AND BENNETT
ENGINEERING FOR MONITORING SERVICES FOR THE CEDARVILLE AND Y
ROAD LANDFILLS TO ADD ADDITIONAL TASKS TO THE SCOPE OF WORK AND
EXTEND THE TERM, IN THE AMOUNT OF $39,501, FOR A TOTAL AMENDED
CONTRACT OF $251,011 (AB2011 -326)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
RECREATION & CONSERVATION OFFICE FOR GRANT FUNDING TO
RENOVATE THE BOAT LAUNCH FACILITY AT LIGHTHOUSE MARINE PARK, IN
THE AMOUNT OF $240,000 (AB2011 -327)
OTHER ITEMS
1. RESOLUTION SETTING A SALARY SCHEDULE FOR THE WHATCOM COUNTY
COUNCIL FOR THE YEARS 2014 AND 2015 (AB2011 -314) (8:21:34 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve a substitute version of the resolution to maintain the current salary at $20,000
per year through 2014 and 2015. They are not able to lower the salaries set for 2012 and
Whatcom County Council, 10/11/2011, Page 8
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2013, according to staff and legal counsel. If the salary commission is approved, all that
could change.
Brenner stated they are able to reduce the salaries of people who aren't yet elected.
Three people will get elected to the County Council starting next year. She moved to
amend the substitute resolution to lower newly - elected councilmembers' salaries to $20,000
in 2012. It shows they're serious, rather than delaying for two years.
Crawford asked why they would do it now and not wait until after the election to see
if the salary commission is established.
Dana Brown- Davis, Clerk of the Council, stated the Council can wait, as long as there
isn't a close election that would hold it over past the last Council meeting in December.
They have to set the salaries before the end of the year.
Crawford moved to postpone consideration until after the November election. Wait
and see how future salaries will be determined. Also, it will give the Council time to find out
if they can legally have different salaries for different councilmembers.
Weimer stated there is a question about whether taking office happens when elected
or when sworn in. Brown -Davis stated councilmembers take office when sworn in.
The motion carried by the following vote:
Ayes: Crawford, Weimer, Knutzen and Kershner (4)
Nays: Mann, Brenner and Larson (3)
2. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2012 (AB2011 -315) (8 :30 :06 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner stated she is against the resolution. She prefers the Council meet either the
first and third, the second and fourth, or every Tuesday of the month. With this schedule,
it's difficult for people to remember which Tuesdays the Council meets.
Crawford stated it's important to make sure people have access to the Council as
frequently and regularly as possible. However, there is a lot that goes into scheduling these
meetings, including meeting Charter requirements and allowing time off for Christmas and
holidays.
Brenner stated the Council used to meet weekly. They can still meet the
requirements and take time off during the summer.
The motion carried by the following vote:
Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
3. RESOLUTION CLARIFYING THE INTENT OF WHATCOM COUNTY ORDINANCE
2010 -067 (AB2011 -317) (8 :32 :06 PM)
(Clerk's Note: This item is rescheduled for Introduction Items.)
Whatcom County Council, 10/11/2011, Page 9
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4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN
THE BIRCH BAY AREA FROM R5A TO R10A (AB2011 -310) (8:32:33 PM)
Crawford stated this is in response to the Growth Management Hearings Board ruling
about frequently flooded areas and zoning.
Larson moved to adopt the ordinance.
Kershner stated she has concerns about being designated as an urban growth area
(UGA) reserve. She asked why the Council didn't remove that designation. It will be in a
100 -year flood plain and can't be developed. Someone in the Planning Department missed
that. Also, the Comprehensive Plan has several complementary policies, including Policies
2K -2 and 2K -5, which the Hearings Board didn't seem to care about. She's concerned that
the Hearings Board doesn't approve of the word "discourage." The word "discourage"
doesn't mean "disallow." Comprehensive Plan policies would have taken care of
development. These lots have enough property outside the flood plain that the
development could have been clustered in that area. Current policies are just fine. Be clear
in what they're willing to accept. Unfortunately, the Council didn't get noticed of the
decision until after the ten -day appeal period was over. She would like to get official
notification when the Hearings Board makes a decision.
Crawford stated the attorney's practice has been to notice the Planning Department
and Council Chair via email. They could change that to include all councilmembers. He will
work with staff on protocol.
Karen Frakes, Prosecutor's Office, stated she discussed with the Council soon after
she received the decision. The County has 30 days to appeal, not ten days.
Kershner asked if option C was possible.
Crawford stated there is a policy that says they don't put zoning lines through
parcels. Zoning lines follow parcel lines.
Kershner stated each parcel has enough land area that they could have
accommodate the additional growth of the R5 zoning instead of the R10 zoning, and been
out of the flood plain, without a rezone.
Roxanne Michaels, Planning and Development Services Department, stated the
owners would have had to cluster in one spot.
Kershner stated all policies say that any development would be required to be out of
the flood plain. Leave the zoning at R5.
Knutzen stated he recalls that the property owners suggested the solution that the
Council chose. Michaels stated one of the four property owners committed to development
outside the flood plain.
Crawford stated the County hasn't heard from these three property owners. Frakes
stated they were notified personally. Mitigation to achieve density is being done in another
area. They've agreed to do only one unit on that 20 -acre parcel.
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Crawford stated that was something they'd already done, and was not a result of this
Hearings Board action. It lead the Council to speculate that those northern areas and these
three lots were encumbered with wetlands.
Knutzen stated a lot of this had to do with a recent Federal Emergency Management
Agency (FEMA) change. They run the risk of losing flood insurance if the County can't
comply with Title 17.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: Kershner (1)
5. RESOLUTION ESTABLISHING THE INTENT OF THE WHATCOM COUNTY
COUNCIL TO CONDUCT A HEARING IN CONSIDERATION OF CREATING A
"NO- SHOOTING ZONE" IN THE GLENHAVEN LAKES AREA (AB2011 -275)
(8:45:15 PM)
Crawford moved to approve the resolution and explained the process. There have
been shooting incidents in the area. Property owners are concerned. Someone is shooting
across the lake. Bullets have been found in walls of houses on the other side of the lake.
This is similar to shooting incidents in Columbia Valley. The Sheriff responded, but couldn't
do anything about it, because it wasn't illegal. The ordinance is limited only to the
developed areas. The State law allows this. The zone doesn't inhibit recreational shooters
and hunters.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: Knutzen (1)
6. APPROVAL OF A SETTLEMENT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF NOOKSACK AND THE CITY OF SUMAS (AB2011 -318)
(8:48:37 PM)
Karen Frakes, Prosecutor's Office, stated they talked about this in executive session
a couple of months ago, before it went to the Cities. Both City Councils approved this
agreement. It's just a process, and the County isn't obligated to do anything other than
reconsider issues of concern during the urban growth area review in 2009.
Larson moved to approve the agreement.
Kershner stated she will vote against this agreement. She's happy the Cities have
agreed to settle, but they had real concerns and issues. It's sad that it will take four more
years to address those issues.
The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: Kershner (1)
INTRODUCTION ITEMS (8 :51:16 PM)
Knutzen moved to accept the Introduction Items.
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The motion carried by the following vote:
Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT (AB2011 -328)
2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $338,191 (AB2011 -329)
3. RESOLUTION CLARIFYING THE INTENT OF WHATCOM COUNTY ORDINANCE
2010 -067 (AB2011 -317)
OTHER BUSINESS (8:52:03 PM)
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF A
REPLACEMENT VOICEMAIL SYSTEM, UP TO $45,000 (AB2011 -330).
Dewey Desler, Deputy Administrator, asked for the Council to approve the Executive
to enter into an agreement to purchase an upgrade to the voicemail system. He gave a
staff report.
Knutzen stated he took a tour of the communications center. He commends Perry
Rice and his staff for keeping things together. He's seen the system that is going down.
This is the best solution in the interim.
Mann 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)
Kershner moved that the Council invite Steve Nieubauer to give a presentation to
the Council on the topic of wetlands and related topics, at no expense to the County.
Crawford stated he has a concern because Mr. Nieubauer is engaged in current
critical areas ordinance (CAO) applications in the County. He is engaged in a lot of
situations in a lot of counties, including an Island County Commissioner who violated critical
areas ordinances. None of the stuff that Mr. Nieubauer has done has been vetted. He
wonders if there will be appeals and things decided in court that will involve the Department
of Ecology and Army Corps of Engineers in determining wetlands.
Kershner stated invite him to speak about State and federal law, and discrepancies
in Whatcom County Code, not about any of his cases in Whatcom County. Four
councilmembers went to his presentation. She thought it may be appropriate for all
councilmembers to hear his presentation. Her motion isn't about digging into his cases and
vetting him.
Brenner stated they can ask anyone to speak, and the Council can get different
perspectives.
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The motion carried by the following vote:
Ayes: Larson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Crawford (1)
Kershner stated it's time for the Council to consider filling the Council policy and
planning analyst vacant position. They will be addressing the Comprehensive Plan update.
Have a liaison among the Council, Planning Department, and Cities who can do research for
the Council. If possible, coordinate to use existing Planning staff.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:03:54 PM)
Weimer reported on forming the Lummi Island Advisory Committee. He and
councilmember Brenner will meet with residents on October 26.
Knutzen reported on an auction and spaghetti dinner on Monday, October 17 to
benefit the New Way Ministries, a charity for homeless women.
Mann reported on the jail presentation on October 12 at 7:00 p.m. in the Council
Chambers.
Brenner reported that she attended the ReEntry Coalition conference, during which
an amazing young man with multiple sclerosis (MS) read his own poetry at the beginning of
the meeting. She would like to invite him to recite his poetry at the beginning of a meeting.
Also, she attended a workshop on low impact development for roadways and stormwater
retention. Many people from the Cities attended, but she was the only County attendee.
Schedule another workshop that involves the Public Works Department staff.
Larson reported that the councilmembers and public are invited to attend the
Northwest Business Expo and Technology Showcase on October 20. Many organizations will
host different functions and discussions.
ADJOURN
The meeting adjourned at 9:09 p.m.
The Council approved these minutes on October 25 , 2011.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Whatcom County Council, 10/11/2011, Page 13