HomeMy WebLinkAboutCouncil August 10 20101
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
August 10, 2010
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
Nelson and Carl Weimer
Absent: Kathy Kershner
FLAG SALUTE
ANNOUNCEMENTS (7 :04:44 PM)
Crawford, Bill Knutzen, Ken Mann, L. Ward
Crawford reported that there was discussion of a proposed ordinance amending
Whatcom County Code 2.03, Boards and Commissions (AB2010 -1438) during the
special Committee of the Whole meeting.
Crawford reported that there was an update and discussion regarding Lummi
Island Ferry dock negotiations (AB2010 -018) in executive session during the
Committee of the Whole meeting. Council concerns will be put into a letter to the Lummi
Chair and sent by Thursday.
Crawford announced there was also a discussion with Senior Deputy Prosecutor
Karen Frakes regarding pending litigation (AB2010 -018) in executive session during
the Committee of the Whole meeting.
SPECIAL PRESENTATION (7 :07 :19 PM)
1. OVERVIEW BY WHATCOM DISPUTE RESOLUTION CENTER EXECUTIVE
DIRECTOR MOONWATER REGARDING THE DISPUTE RESOLUTION CENTER
(AB2010 -017)
Moonwater, Dispute Resolution Center Executive Director, submitted a handout (on
file) and described the background of the Dispute Resolution Center, including as the
designated dispute resolution center (DRC) for Whatcom County. She described their
funding, mission, and services provided, including mediation. Since 2005, the number of
clients has grown by 14 percent in small claims cases and 54 percent in family cases.
They've seen a parallel rise in the number of clients who need fee reductions or fee waivers.
They continue to provide services at no or low cost. The efficacy of their services remains
steadfast. People who mediate are twice as likely to keep their agreements than people
who litigate. Diverting cases into mediation from the court reduces criminal caseloads.
They've saved the County more than $400,000 in the last five years because of the diverted
Whatcom County Council, 8/10/2010, 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
cases. Supporting the Whatcom Dispute Resolution Center is a wise investment that saves
time and dollars.
MINUTES CONSENT (7 :16:12 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
1. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 13, 2010
2. REGULAR COUNTY COUNCIL FOR JULY 13, 2010
3. SURFACE WATER WORK SESSION FOR JULY 20, 2010
4. COMMITTEE OF THE WHOLE FOR JULY 27, 2010
OPEN SESSION (7 :16 :41 PM)
The following people spoke:
• Barbara Sternberger, 4540 Curtis Road, Bellingham, submitted a handout (on
file) and spoke on the issue of jail siting.
• Barbara Ryan, Former City of Bellingham City Council Member, spoke on the
issue of jail siting.
• Linda Duralia, 1451 Country Lane, spoke on issue of jail siting.
• Jodi Bierman, 1401 Marietta Avenue, submitted and read from a handout (on
file) on the issue of jail siting.
• Marion Henderson, 1366 Country Lane, spoke on issue of jail siting.
• Ed Burrell, 4540 Curtis Road, spoke on issue of jail siting.
• Abe Jacobsen, 2314 Samish Way, Bellingham, submitted and read from a
handout (on file) and spoke on the issue of the urban growth area (UGA)
ordinance (AB2010- 054D).
• Kay Sardo, Opportunity Council Executive Director, submitted and read from
a handout (on file) on the issue of jail siting.
• Leonard Lindstrom, citizen, spoke on dealing with anger issues and angry
people.
• Michelle Luke, Sunrise Cove, Lummi Island, spoke on the public process and
citizen access to understandable information from the Planning Department.
• Bruce Diele, citizen, spoke on a City of Bellingham tax for public
transportation and the separation of church and state.
• Teresa Sygitowicz, Acme /VanZandt Flood Subzone Advisory Committee Chair,
submitted photos (on file) and spoke on the Dozer Corner bank repair project.
• (Clerk's Note: The speaker following Theresa Sygitowicz requested that
his /her testimony not be included in the minutes.)
• Diane Kanda, 4595 Wynn Road, Bellingham, submitted and read a handout
(on file) on jail siting.
• Shane Roth, 3925 E. Connecticut Street, Bellingham, spoke on the letter
requesting the County Executive to prepare to the City of Bellingham to
Whatcom County Council, 8/10/2010, 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
discontinue interlocal agreement regarding emergency medical services (EMS)
(AB2010 -305).
• Bob Wiesen, 3314 Douglas Road, spoke about using the Dispute Resolution
Center and the Bellingham Firefighters Union.
• Marianne Armstrong, 2848 Valley Highway, Deming, spoke about the EMS
resolution proposed by Sam Crawford.
• Marion Beddill, 2700 Old Fairhaven Parkway, Bellingham, spoke on the Lake
Whatcom Management Program 2010 -2014 Work Plan (AB2010 -303).
• Myra Ramos, 2877 N. Nugent Road, Lummi Island, spoke on the Lummi
Island ferry dock issue.
• Ben Thomas, 2308 Mt. Baker Highway, Glacier, spoke on the letter requesting
the County Executive to prepare to the City of Bellingham to discontinue
interlocal agreement regarding EMS (AB2010 -305).
• Darlyn Delboca, P.O. Box 1403, Ferndale, spoke on the Comprehensive Plan
amendment for Birch Bay and Ferndale, in terms of loss of agricultural land.
• Greg Round, Bellingham, spoke on the EMS issue.
• Wendy Harris, Bellingham, spoke on expanding UGA boundaries, the Lake
Whatcom work plan, and an interim moratorium on subdivisions at Lake
Whatcom.
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED PROPERTY,
PURSUANT TO WCC 1.10 (AB2010 -291) (8 :13 :39 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution. She asked the location of the property.
Rick Sucee, Lieutenant Drug Task Force, stated the property is 2291 E. Smith Road,
which is about one - quarter mile east of Everson Goshen Road.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
2. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
(AB2010 -289) (8 :16 :36 PM)
Crawford opened the public hearing and the following people spoke:
Charlie Hudson, Building Industry Association (BIA) President, stated he requests
that the ordinance be referred to committee. The BIA would like an opportunity review and
comment on the ordinance.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated he also requests that this item be
referred to committee. It needs more public process.
Hearing no one else, Crawford closed the public hearing.
Whatcom County Council, 8/10/2010, 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
Knutzen moved to refer to Planning Committee.
Wain Harrison, Planning and Development Services Department, stated the
international portions of the code went into effect July 1. The County is enforcing those
portions of this ordinance. They can hold the administrative changes and appendix chapters
until final adoption of the ordinance. Referring this item to committee is not a problem.
The motion to refer to committee carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE
OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2010 -101A) (8:23:40 PM)
Crawford opened the public hearing and the following people spoke:
Marion Beddill, 2700 Old Fairhaven Parkway, Bellingham, stated the Council should
adopt the ordinance and continue the moratorium as an interim and make it permanent.
Abe Jacobsen, 2314 Samish Way, Bellingham, submitted and read from a handout
(on file). The conflict is property rights and the rights of the general public.
Christina Maginnis, 2430 Henry Street, Bellingham, stated she encourages the
Council to adopt the ordinance. The transfer of development rights and purchase of
development rights programs aren't in place yet. Continue the moratorium until the
regulations prevent harm to the drinking water source from development.
Wendy Harris, Bellingham, stated she encourages the Council to adopt the
ordinance. While they work on permanent protections, ensure that the moratorium doesn't
expire. Harmful impacts from an expired moratorium include development of 100 additional
lots and much redevelopment. There are many exemptions from land use regulations that
protect water quality. Many variances are granted. She asked how many of the 100 lots
will be processed through the short -plat process. If they allow short plats to vest, the short
plats, if developed in the future, won't have to build according to the potentially- inadequate
regulations in place at that future time.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated they need to be careful of how
they impede on people's property rights. Lake Whatcom is a multi -use lake, not a reservoir.
The lake produces very good water. He asked if the properties subject to the moratorium
get to pay a lower property tax.
Kathy Lehman, Futurewise Chapter Director, stated they can do things to a transfer
of development rights (TDR) program to make it successful in the long term. They must
create a market place for development rights. The problem worsens when they expand
urban growth areas. Extend the moratorium. Move the TDR program forward as a solution.
work.
Shane Roth, 3925 E. Connecticut Street, Bellingham, stated make the TDR program
Whatcom County Council, 8/10/2010, 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
Pete Kremen, County Executive, stated they have been working on the TDR program
for a long time. They have trouble finding receiving areas. Don't let the moratorium lapse.
Adopt the ordinance. Continue the moratorium until they develop measures that honor
property rights and also protect the Lake Whatcom watershed, which is the most imperative
area in the county. It's the drinking water for about half of the county residents. It's not
that harmful or regressive to extend the moratorium.
Hearing no one else, Crawford closed the public hearing.
Weimer reported for the Natural Resources Committee and moved to adopt the
ordinance.
Nelson stated he doesn't approve of the use of the term reservoir.' The lake is used
as a reservoir, and it's also used for recreation, as listed by the Department of Ecology. He
also has a problem with using the language 'for the public good.' They must be reflective of
the individuals. Since there will probably be no impact either way, he will support the
moratorium.
Brenner stated she will vote for the ordinance, but is concerned about polarizing
attitudes. Several people have been working on a workable TDR program. They need ideas
to make it workable. If they ended the moratorium, this Council would have little incentive
to develop a workable TDR program.
The motion to adopt the ordinance carried by the following vote:
Ayes: Nelson, Brenner, Weimer, Knutzen and Mann (5)
Nays: Crawford (1)
Absent: Kershner (1)
4. ORDINANCE AMENDING CHAPTER 20.90 OF THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE RELATING TO INITIATING ZONING
AMENDMENTS (AB2010 -270A) (8:44:46 PM)
Crawford opened the public hearing and the following person spoke:
Bob Wiesen, 3314 Douglas Road, Ferndale, stated he supports the ordinance.
Hearing no one else, Crawford closed the public hearing.
Brenner moved to adopt the ordinance. She was disappointed that certain
Planning Commissioners felt that it wasn't right for the County Council to be able to initiate
amendments if they couldn't initiate amendments. Planning Commissioners are appointed
by the Council. They can bring amendments forward to the County Council.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
CONSENT AGENDA (8:47:10 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
Whatcom County Council, 8/10/2010, 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
53
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE FOR REIMBURSEMENT OF CONTRACTED
ATTORNEYS' FEES FOR INDIGENT PARENTS IN JUVENILE DEPENDENCY AND
TERMINATION CASES IN WHATCOM COUNTY, IN THE AMOUNT OF $32,000
(AB2010 -294)
2. RESOLUTION AUTHORIZING WHATCOM COUNTY'S APPLICATION FOR A
SHOOTING RANGE DEVELOPMENT GRANT FROM THE WASHINGTON
DEPARTMENT OF FISH AND WILDLIFE TO MODIFY EXISTING WINDOWS IN
THE INDOOR RANGE MEETING ROOM TO REDUCE NOISE (AB2010 -295)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
FARMLAND PRESERVATION GRANT AGREEMENT BETWEEN WHATCOM
COUNTY PLANNING AND DEVELOPMENT SERVICES AND THE WASHINGTON
STATE CONSERVATION COMMISSION, IN THE AMOUNT OF $25,000
(AB2010 -296)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LAND
LICENSE AGREEMENT BETWEEN WHATCOM COUNTY AND JIM SNYDAR TO
HAY APPROXIMATELY 80 ACRES OF FARM LAND AT HOVANDER HOMESTEAD
PARK, IN THE AMOUNT OF $3,000 (AB2010 -297)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DRAYTON ARCHAEOLOGICAL
RESEARCH FOR PROFESSIONAL ARCHAEOLOGICAL SERVICES FOR LILY
POINT MARINE PARK, IN THE AMOUNT OF $20,000 (AB2010 -298)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND AQUATECHNEX FOR
HERBICIDE TREATMENT AND MONITORING OF FLOWERING RUSH IN
SILVER LAKE, IN THE AMOUNT OF $50,000 (AB2010 -299)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SHELTERBELT, INC. FOR
HERBICIDE TREATMENT AND MONITORING OF JAPANESE/ BOHEMIAN
KNOTWEED ON THE UPPER REACHES OF THE NORTH, MIDDLE AND SOUTH
FORKS OF THE NOOKSACK RIVER, IN THE AMOUNT OF $85,000 (AB2010-
300)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 10 -64,
TO ALL SIX NAMES ON THE ON -CALL HERBICIDE SPRAYING
CONTRACTOR/ EQUIPMENT LIST AND ENTER INTO CONTRACTS WITH EACH,
IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2010 -301)
OTHER ITEMS
Whatcom County Council, 8/10/2010, 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
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST, IN THE AMOUNT OF $771,900 (AB2010 -290)
(8:47 :43 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
2. RESOLUTION RECOMMENDING APPROVAL OF THE BANK REPAIR PROJECT
AT DOZER CORNER (AB2010 -292) (8 :48 :32 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee. The
committee did not recommend approval. He moved to approve the resolution.
Brenner stated the Subzone volunteered to pay for the entire project. The problem
has become critical. If the problem gets worse, it will cost more to do a bigger project. The
Subzone wants to prevent the problem from getting worse.
Mann asked if the resolution says that the Subzone will pay for the entire cost.
That's not his understanding from what staff said today. That's not what they're voting on.
Brenner stated the Council is voting to make sure it gets done in time. The Subzone
said it would pay for it. However, the County should pay for the staff time. Split the cost
equally. It's a crisis that could happen.
Nelson stated he understood that the Subzone was contributing for the construction
cost. He asked how much that amount is.
Frank Abart, Public Works Department Director, stated he understood that the
original estimate for the entire project was approximately $12,000. He now knows the
entire cost will be $15,000 to $20,000. Normally, 70 percent of a project is paid for by the
countywide fund and 30 percent is paid for by any Subzone. That's part of a signed
agreement with the Acme Subzone, done about a week ago. The agreement was that the
County would pay 70 percent of the cost.
Nelson stated that the Council gets many requests for money for flood projects. The
requests are put through the Countywide Resource Integration Project (CWRIP) to protect
against such requests, unless the local community put forward the funding. At the last
Council meeting, the Executive said he was willing to look at and go forward with this to
help that local community. He asked the dollar figure and what they're getting into. Abart
stated the latest estimate is between $15,000 to $20,000, and the County is supposed to
pay 70 percent of that cost.
Brenner stated the resolution only says that the amount is not to exceed $15,000.
The split can change, but it won't change the resolution.
Whatcom County Council, 8/10/2010, 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
Knutzen stated he heard this morning that the cost would be approximately $10,000
plus staff time. He understand that the staff time would cost $10,000, and the Subzone
would pay the cost of construction. Abart stated all he knows is there is an estimate of
$15,000 to $20,000, and the flood works agreement would pay 70 percent of that cost, so
the Subzone pays 30 percent.
Mann stated experts in hydrology and geology have said it's not a crisis or
emergency. Over - ruling those experts and going forward with the citizens' request will set
a bad precedent. He understands the concern and visited the site. If the experts say it can
wait until next year, that's what the County should do. Otherwise, groups from all over the
county will ask for similar projects. He will vote against it for that reason.
Weimer stated he agreed with Councilmember Mann. They set up the CWRIP
process so they know their priorities. This doesn't rank high on the CWRIP list. There is
another layer of protection through the Flood Advisory Committee and Technical Review
Committee, who have looked at this year after year. They've looked at it recently, and it
still doesn't rank high. He will vote against it for that reason. If it becomes an emergency,
the Executive has the ability to respond.
Brenner stated the Director said it's a gray area as to whether or not it can be
considered an emergency. If anyone from any Subzone made this small of a request, being
as concerned as they are, and offering to do as much payment as they're willing to do, she
would support it. If they don't do the project now, the problem can become worse.
Nelson moved to amend the Now Therefore statement, "...not to exceed $15,000
for design, permitting, land acquisition, and construction or the 70 percent match,
whichever is less."
Knutzen stated the Subzone is willing to spend more to get this project done. He
suggested a friendly amendment to change the 70 percent to 50 percent, to make some
people more comfortable.
Nelson accepted the friendly amendment. Amend the Now Therefore statement,
"...and authorize a 50 percent match, not to exceed $15,000, for design, permitting, land
acquisition, and construction."
Crawford stated he doesn't support this amendment because he doesn't support the
request.
The motion failed by the following vote:
Ayes: Nelson, Brenner and Knutzen (3)
Nays: Weimer, Mann and Crawford (3)
Absent: Kershner (1)
Weimer asked if the Subzone needs a resolution from the Board of Supervisors to
proceed if the Subzone pays 100 percent of the cost. Abart stated he doesn't know.
Theresa Sygitowicz, Acme /Van Zandt Flood Subzone Advisory Committee Chair,
stated she was told that they needed a resolution to proceed. The Subzone is willing to
spend up to $30,000 for this project.
Whatcom County Council, 8/10/2010, 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
Weimer moved to amend the resolution, "Now, Therefore, Be It Resolved that the
Whatcom County Flood Control Zone District Board of Supervisors support advancing an
Interim Dozer Bend Bank Repair Project $!S,000 fe
to be paid for 100 percent by the
Acme /Van Zandt Flood Subzone."
Brenner stated she will support it, but it's an unfair way to treat this subzone. It's a
minor amount compared to projects they run through.
Knutzen stated he will support the amendment to get something done.
Crawford stated the engineering and design work is done by County staff. Therefore,
they're talking about having the Subzone reimburse the County for those efforts. Abart
stated he agreed. They will track the work done and time spent on the effort.
The motion to amend carried by the following vote:
Ayes: Brenner, Weimer, Knutzen and Mann (4)
Nays: Crawford and Nelson (2)
Absent: Kershner (1)
Mann stated he will support the resolution as amended. If the project is that
important to the citizens who are paying the taxes in the Subzone, the Board should allow
them to spend their money. If it's not important enough to go off the CWRIP list, the
people of Whatcom County shouldn't pay for it.
Crawford stated he agrees with Councilmember Mann. They have an established
process of prioritization. He's changed his mind because the Board will no longer pay for it.
He's still concerned about a lack of process in terms of prioritizing these projects.
Nelson stated he originated the CWRIP process. His intention was never to take
away the Council's political will. There will be times when projects come forward that don't
have a high priority, but they will be important for the community to solve their own
problems. Don't get the idea that a lower priority item should be restricted from receiving
dollars to help the local community.
Brenner stated thinking there aren't politics involved when deciding on projects is a
disservice to communities like Acme.
The motion to approve as amended carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SERVICE AGREEMENT BETWEEN THE WHATCOM COUNTY SHERIFF'S OFFICE
AND THE US FOREST SERVICE FOR BAKER LAKE RECREATIONAL AREA
PATROLS AND FOR PURCHASE OF A MOBILE DATA TERMINAL AND OTHER
EQUIPMENT, IN THE AMOUNT OF $42,400 (AB2010 -293) (9:09:53 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Whatcom County Council, 8/10/2010, 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
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING MAP FOR PROPERTY KNOWN AS HARBOR SHORES LOCATED
ON BLAINE ROAD, SOUTH OF DAKOTA CREEK (AB2010 -258) (9:10:13 PM)
Knutzen reported for the Planning and Development Committee. This item is held in
committee.
5. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
HOWARD HILL CUMMINGS AND MARK MCDONALD TO THE NORTH SOUND
MENTAL HEALTH ADVISORY BOARD (AB2010 -302) (9:10:58 PM)
Nelson moved to confirm the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
6. RESOLUTION ADOPTING THE LAKE WHATCOM MANAGEMENT PROGRAM
2010 — 2014 WORK PLAN (AB2010 -303) (9:11:18 PM)
Nelson moved to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: None (0)
Absent: Kershner (1)
7. ORDINANCE AMENDING ORDINANCE 2009 -071, THE OFFICIAL WHATCOM
COUNTY ZONING MAP, AND COUNTY COMPREHENSIVE PLAN AND MAPS, TO
IMPLEMENT CHANGES RELATED TO COMPLETION OF THE 10 -YEAR REVIEW
OF THE URBAN GROWTH AREAS REQUIRED UNDER THE GROWTH
MANAGEMENT ACT, SPECIFICALLY THE URBAN GROWTH AREAS OF BIRCH
BAY, FERNDALE, NOOKSACK, AND SUMAS (AB2010 -054D) (9:11 :46 PM)
Nelson moved to adopt the ordinance.
Mann asked how the Council can remand this to the Planning Commission. He was
told that can't be done at this time. He moved to remand this to the Planning Commission.
Crawford stated that to send it to the Planning Commission, vote against the motion
to adopt. If the ordinance isn't adopted tonight, the Council can discuss what it wants to do
with the urban growth area (UGA) settlements.
Mann withdrew the motion because the ordinance will probably be adopted. He
wishes the Planning Commission can take a look at it.
Whatcom County Council, 8/10/2010, 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
48
49
50
51
52
Brenner stated she has asked if they could send the settlement negotiation to the
Planning Commission for their review. She was told that this is a Council matter, and isn't
something the Council can send to the Planning Commission.
Weimer moved to amend Council packet page 390, policy 2W -5, to add a bullet
item, "* a policy to guarantee a minimum of one TDR or PDR for every two acres of land
proposed for annexation, before any annexation is approved." Ferndale has already said
they would like to develop something like this, but it's totally undefined. He is trying to
provide some definition.
Brenner stated she is against the motion. Councilmember Weimer didn't bring this
up while they were spending weeks on this, and the City has agreed to what is proposed.
None of the other cities have agreed to something like that. She heard about one per five
acres. They have already said they would develop a workable transfer of development
rights (TDR) program that is agreeable to the County and the City. That's a lot to ask, if
they are going to do it before any land is annexed. She wouldn't want that to be a
requirement, after they worked on settlement. It's something they should bring up when
the TDR policy comes forward. This is almost like making sure it doesn't work by forcing
that on them at this point, with the City not knowing any of this stuff.
Weimer stated the County policy is already one TDR per five acres. Through an
interlocal agreement, they can go higher than that. He's trying to set a minimum standards
of one TDR or PDR per two acres, when they are going to turn those two acres into 50 home
sites.
Knutzen stated the amendment would conflict with an earlier policy.
Weimer stated they can build upon the existing policy through the interlocal
agreement.
Nelson stated the process is flawed. They need to have a policy or criteria that the
cities understand and agree to. This isn't the right mechanism at this time. He hopes that
the Council will come up with a TDR program that all the cities will fully cooperate with.
Weimer stated they never seem to get to a TDR or PDR receiving area, because they
always pass things, and the areas go into the urban growth areas (UGAs), and they don't
have it. He's trying to define a minimum standard.
Brenner stated they've been working on this for a long time. There is a strong TDR
commitment, but she's not comfortable with the amendment. It's a lack of good faith
without talking to the City first.
Karen Frakes, Prosecutor's Office, stated this amendment would require another
public hearing.
Mann stated he is in favor of the motion. They have to start stimulating demand for
receiving areas. Otherwise, the exercise is pointless down the road.
Brenner stated she agrees, but this isn't the time to do it. The time is when the
cities develop their policies that the County has to agree to. A City can't annex unless the
County agrees. Bring it up through the process of the policy.
Whatcom County Council, 8/10/2010, Page 11
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
Weimer stated there would be a public process, because there would have to be
another public hearing. There has been little testimony on this. There has been a lot of
back - and -forth between developers and City attorneys, but not the public.
Brenner stated everything in the ordinance has gone through the public process for
over a year. It's a difficult process, but it's all a part of the same process. Nothing in the
ordinance wasn't in the original request from the City of Ferndale and from Birch Bay.
Weimer stated there is quite a bit new in the ordinance that the public hasn't
commented on. They removed two cities from this entire process. There are many new
findings of facts that the public hasn't commented on. There hasn't been public process.
Mann stated they've added a lot since last November. They've reverse engineered
many population projections and allocations. Those are major changes.
Brenner stated there are no different requests from any of the cities that weren't
initially in there. She can't help it if the former Planning Director didn't do a good job on the
findings of fact. She accepted them for what they were. The findings of fact are just adding
more information, not changing the places. Those places went through an enormous
amount of public process last year. They were denied in November. Now they're in the
settlement negotiation. It's not significant that two cities have withdrawn, because they
weren't in there. They wanted to be in, and then changed their minds. Nothing is different.
The motion to amend failed by the following vote:
Ayes: Weimer and Mann (2)
Nays: Nelson, Crawford, Brenner and Knutzen (4)
Absent: Kershner (1)
Brenner moved to add a new Finding of Fact after finding number 28, "29. The
Birch Bay Community Plan strongly recommended the facilitation of concentrated
commercial development at commercial nodes located at intersections of arterial roads.
One of the nodes in question is at the intersection of Blaine Road and Birch Bay Lynden
Road. This intersection was envisioned as a neighborhood where the residential and
commercial development interrelated and supported each other. Ordinance 2009 -071
erroneously stripped away the Maritime Manor property from the Birch Bay UGA at that
intersection, which was especially detrimental to the viability of the planned node. Without
the residential component, the success of the node as a community is placed in jeopardy,
because the residential component supports the commercial component, and vice versa.
This situation creates special circumstances resulting in the need for a limited restoration to
the Birch Bay UGA in order to retain that residential component and better - assure the
success of that part of the community." The motion includes renumbering the remaining
findings.
Weimer stated this is another finding of fact that wasn't in the November ordinance
and wasn't in the ordinance that was in front of the public for a hearing.
Brenner stated these were all added in response to the hearing they had and public
comments. It was done through the process. This is not new information. The person who
wrote the findings didn't put it in the findings.
Knutzen asked if this amendment requires another hearing. Frakes stated it doesn't.
Amending the findings of fact, as opposed to the substance of the ordinance, doesn't require
a public hearing.
Whatcom County Council, 8/10/2010, Page 12
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
The motion to add the new finding carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen and Mann (6)
Nays: Weimer (1)
Absent: Kershner (1)
Mann stated he is opposed to the ordinance. It is a bad idea for most of these areas.
Ferndale's plan to morph into the Poulsbo of the North are ill- advised. He will continue his
opposition of this ordinance.
The motion to adopt as amended carried by the following vote:
Ayes: Nelson, Crawford, Brenner and Knutzen (4)
Nays: Weimer and Mann (2)
Absent: Kershner (1)
S. RESOLUTION REQUESTING THAT THE COUNTY EXECUTIVE DRAFT A
NOTIFICATION LETTER TO THE CITY OF BELLINGHAM TO DISCONTINUE THE
INTERLOCAL AGREEMENT REGARDING EMERGENCY MEDICAL SERVICES
PROVISION (AB2010 -305) (9:31:27 PM)
Crawford moved to approve the resolution. The title says the resolution is to
discontinue the interlocal agreement. He doesn't want to end the County's relationship with
the City of Bellingham. They are looking for a new administrative and management
structure for the decision - making processes for emergency medical services (EMS) that is
more inclusive of the County fire districts.
Nelson stated the public is concerned that the County is trying to break the system.
In fact, they're trying to find a better way to respond to all constituents of the system,
urban or rural. They need a unified system that addresses the needs of rural residents, so
they have a fast, first responder in rural areas without undue burden on fire districts and
citizens in the county.
Brenner stated the County Executive doesn't work for the County Council. The
County Council can't make the Executive do this. It's up to him to make the decision about
putting time into the letter. They have to provide a three -year notice of intent. If the City
and County can find an agreement in the next three years, that's fine. It seems like any
resolution will require some changes of the existing ordinance. This is an intent to get
something to work better. No one is happy with the way things are working now. The
County Council is not supposed to vote on something that's already been agreed upon. She
will support this resolution as a way to fix the ordinance. Something has to change.
Weimer stated he is against the resolution. The system has problems, but this is the
first step of breaking the system up. The plan they passed in 2005 included a system with
the EMS Advisory Committee to deal with budget issues and conflicts. Those folks haven't
had a chance to deal with this. The Fire Chiefs have ideas for moving forward, according to
a recent letter. He doesn't know if they have to discontinue an interlocal agreement to
amend it. He would like a more in -depth discussion with the Fire Chiefs about whether
there is a way to fix this, before they take official action.
Mann stated this is the extreme option that is the first step to breaking up the
system. They aren't going to solve the internal medical service dispute. This step is too
much, too soon without searching for an answer. The County Council hasn't been that
Whatcom County Council, 8/10/2010, Page 13
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
involved in helping them search for an answer. This county has great emergency medical
services. He doesn't want to jeopardize that.
Brenner stated this is just to draft a letter. She would love to have those meetings.
The Fire Chiefs wanted them to do this, and then start the meetings. They don't want the
system broken, just to work more effectively. Table this, knowing the intent is there, and
have a meeting with the Fire Chiefs.
Nelson stated the Fire Chiefs feel more comfortable with the process if the County
Council does a resolution first. Otherwise, it would violate the intent of the contract. This
proposes to talk about it, which they've done for many years. They've gone through the
fifth district with no result. The City hasn't changed its position.
Crawford stated he agrees that the letter from the Chiefs is very good. It offered
questions and issues they need to talk about. It goes with the procedural processes to
initiate change. He doesn't differentiate between terminating or changing the agreement.
Put the City on notice that the current status quo, in terms of how the system is
administered and managed and not in terms of the quality of care, has not been working.
The County must move the discussion forward. It's been talked about for a long time. He
has not seen any particular evidence of the issues that have come between the fire districts
and City in terms of hiring and implementation. The City hasn't even come to the table to
meaningfully discuss solutions to those problems. This is the way they say the status quo
isn't' acceptable. This is simply a request to the Exeuctive to have staff start working on
what format that letter takes. It will come before the Council again. Use the Fire Chiefs
letter to start framing the discussion.
Knutzen stated he supports Councilmember Mann. This forces the issue. In the
short time he's been on the Council, this has cost the County money. They are always
having to pay for paramedic training above and beyond what the system demands. The
longer they wait, the more it costs.
Mann stated they haven't weighed in on this issue. They've said it's a Union issue
that the Union must sort out. This first step of direct involvement is a bit hostile. He won't
support the resolution.
Brenner suggested a friendly amendment to amend the title, '...City of
Bellingham to DiseentinHe Amend the Interlocal...." Include the letter from the Fire Chiefs
with the resolution for the Executive's review. Also, amend the first resolved statement,
"...notifying the City of the County's intent to ate amend the current interlocal
agreement...."
Mann stated this is a significant change in tone. He asked what they expect to
happen.
Crawford stated it's not that significant. He's looking for a new way of doing
business with the City of Bellingham. If that's an amendment rather than the termination of
the interlocal agreement, it will be a significant amendment. He's been clear all along that
this is to preserve a unified system, as opposed to what the Union rabble rousers would say.
He fully expects the City of Bellingham to participate in any future EMS County system.
Clearly, that's up to the City of Bellingham. Craft something in which the City plays a
significant role.
Whatcom County Council, 8/10/2010, Page 14
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 they also had a unified emergency management team. The City of
Bellingham unilaterally withdrew from that without much notice to the County. The City
said that the other jurisdictions weren't willing to do what was necessary. However, things
had to be done by consensus, and the City of Bellingham was voting against expenditures.
She told the City Council that the other jurisdictions wanted to do these things. She doesn't
want to split the system. Create something that works for all parties. They've got until
January.
Nelson stated the City of Bellingham decided to pull out of the EMS system several
years ago. They terminated without talking to the County. It went to a vote, and the
taxpayers said they wanted a unified system. The Bellingham fire fighters came forward
with training for their other fire fighters. The County did make a statement about not
supporting a contract.
Crawford accepted the friendly amendment.
The motion to approve as amended carried by the following vote:
Ayes: Nelson, Crawford, Brenner and Knutzen (4)
Nays: Weimer and Mann (2)
Absent: Kershner (1)
OTHER BUSINESS (9 :49:14 PM)
LETTER FROM US BOARD ON GEOGRAPHIC NAMES REGARDING UNNAMED
STREAMS IN WHATCOM COUNTY
Crawford read from the letter and stated the Board wants to name two streams in
Whatcom County. The Board gives the County four options for responding: approve, reject,
take another action, or render a decision without County recommendation. He moved to
choose the option to render a decision without County recommendation on either one.
Brenner stated she is against the motion. Accept the Buckingham Creek name.
They have never named a creek after someone's first name. Instead, name the second
creek Rufus Green Creek. She moved to name the second creek Rufus Green Creek
instead of Rufus Creek. The County would have to specify it on the application.
The motion to amend failed by the following vote:
Ayes: Brenner, Knutzen and Mann (3)
Nays: Nelson, Crawford and Weimer (3)
Absent: Kershner (1)
The motion to approve carried
Ayes: Nelson, Crawford,
Nays: Brenner (1)
Absent: Kershner (1)
by the following vote:
Weimer, Knutzen and Mann (5)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9 :53 :20 PM)
Mann stated he sent a memo with a draft wind energy proposal attached. He is not
sure where to go from here.
Whatcom County Council, 8/10/2010, Page 15
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
Brenner stated put it in committee. She suggested scheduling it in the Council's
Public Works Committee to work out the remaining questions. Bring forward a
recommendation to the Council.
Crawford thanked Councilmembers Mann and Brenner and Council staff for working
on amendments to Title 2.
Brenner stated the Public Works Committee should go to Lummi Island to discuss
Lummi negotiations, since the letter has been made public.
Crawford stated he will draft a letter of response from the Council. Once the letter
gets out, it will detail the Council's feelings about how things have done so far.
Brenner stated people are afraid, and the Council must reassure them.
Crawford stated the entire Council should meet with the Lummi Island residents.
Pete Kremen, County Executive, stated it is imperative to have a full Council meeting
on Lummi Island as soon as possible. There is a great deal of angst and concern. The
County should do everything possible to expedite a full Council meeting as soon as possible.
He congratulated Councilmember Mann for the new addition to has family and for
work he's done as a councilmember, such as furthering efforts on transfers of development
rights (TDRs) to reduce density and development in the Lake Whatcom watershed.
He will do everything he can to facilitate a meeting on Lummi Island.
Crawford stated the Council will try to set up a meeting on Lummi Island. He asked
if the Council has consensus to have a meeting on Lummi Island as soon as possible.
The Council concurred.
ADJOURN
The meeting adjourned at 10:01 p.m.
j
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Is
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 8/10/2010, Page 16