HomeMy WebLinkAboutCouncil July 27 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
July 27, 2010
CALL TO ORDER (7:00 :29 PM)
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, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7 :01 :51 PM)
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 -054C)
Crawford reported for the Committee of the Whole and stated this item was
discussed. The ordinance has been pulled. Substitute ordinances will be discussed.
DISCUSSION REGARDING THE STATUS OF THE COUNCIL'S PLANNING AND POLICY
ANALYST POSITION (AB2010 -017)
Crawford reported for the Committee of the Whole and stated the Council decided it
will not fill the position for the remainder of this year. They may work with the
administration to reserve funds for special project consultation or contracting in the 2011-
2012 budget.
SPECIAL PRESENTATION
1. QUARTERLY REPORT FROM THE BEHAVIORAL HEALTH REVIEW ADVISORY
COMMITTEE (AB2010 -277) (7 :02 :44 PM)
Jack Hovenier, Behavioral Health Revenue Advisory Committee Chair, gave a report.
He introduced the members of the advisory committee. He described how the advisory
committee receives projects and makes recommendations.
Joe Fuller, Health Department, stated referenced the information in the Council
packet and described the school program.
Whatcom County Council, 7/27/2010, Page 1
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Mann asked the percentage of all the kids who access dependency services. Fuller
stated he can provide that information. About 85 percent of the student population won't
need any intervention. Ten percent of students need minor selective intervention or
prevention. The top five percent will require more intense services. The 1,100 students
served is from the ten percent and five percent populations.
Knutzen asked which school district participated in the family program, and if any
other school districts will use that program. Fuller stated the Lynden school district
implemented that program this year. Another district is looking into using it next year.
There are other contracts in place for strengthening families in the county, using federal
pass- through dollars. The Lynden program leveraged other support.
2. PRESENTATION BY CENSUS BUREAU PARTNERSHIP SPECIALIST LAVERNE
LAMOUREUX REGARDING CENSUS 2010 (AB2010 -017) (7:13 :27 PM)
Laverne Lamoureux, Census Bureau, thanked everyone for participation. She
submitted and read from a handout (on file). The mail back participation rate for Whatcom
County was 76 percent. She presented Executive Kremen with a plaque for Whatcom
County to acknowledge their good work and cooperation.
Brenner stated that she and her husband were visited by a Census person after
they'd sent in their census form. Lamoureux stated a small percentage of houses are
visited for quality assurance. The Census counts at a point in time, and doesn't make
changes after that point in time.
OPEN SESSION (7:19:58 PM)
The following people spoke:
• Abe Jacobsen, 2314 Samish Way, Bellingham, submitted a handout (on file)
and spoke on Comprehensive Plan amendments.
• (Clerk's Note: The speaker following Abe Jacobson requested that his /her
testimony not be included in the minutes.)
• Larry Freeman, 8865 Blaine Road, spoke on the Blaine urban growth area
(UGA) regarding Harbor Shores.
• John Lesow, Point Roberts, submitted a handout (on file). He spoke on urban
growth areas.
• Bruce Deile, Bellingham, submitted and read from a handout (on file) and
spoke on Whatcom Transportation Authority service cuts and social issues.
• Mitzy Moore, 1401 Country Lane, Bellingham, Rural Avenue Neighborhood
Association, spoke about jail siting.
• Barbara Sternberger, Rural Avenue Neighborhood Association, spoke about
jail siting.
• Theresa Sygitowicz, Deming, Acme /VanZandt Flood Subzone Advisory
Committee Chair, submitted a handout (on file) spoke about working on flood
related hazards along the left bank of the South Fork of the Nooksack River
near the end of Rothenbuler Road in Acme.
• Judy Reed, 5456 Rothenbuhler Road, Acme, spoke on flood related hazards
along the left bank of the South Fork of the Nooksack River near the end of
Rothenbuler Road in Acme.
• Greg Brown, 4363 Saddlestone Drive, submitted and read from a handout (on
file) and spoke on UGA proposed changes, WTA service cuts, and Medic One.
Whatcom County Council, 7/27/2010, Page 2
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• Jack Hovenier, Sucia Drive, Ferndale, spoke on the court appointed special
advocate (CASA) program and guardian ad litem (GAL) contract.
• Pat Small, 4135 Agate Road, Bellingham, spoke on the urban growth area.
• Shane Roth, 3925 E. Connecticut Street, Bellingham, spoke on the urban
growth area settlement ordinance.
• Gary Jensen, Ferndale Mayor, spoke on the findings of fact for the UGA
ordinance.
• Chris Hatch, Acme, Acme /VanZandt Flood Subzone Advisory Committee Vice -
Chair, submitted a letter (on file) and spoke on bank repair project at Dozer
Hole.
• Bob Wiesen, 3314 Douglas Road, Ferndale, spoke on UGA boundaries.
• Dominique Zervais, attorney, spoke on the urban growth area settlement
process.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO CLARIFY
AND REVISE THE DEFINITION AND STANDARDS OF HOME OCCUPATIONS
(AB2010 -047) (8:04:01 PM)
Crawford opened the public hearing and the following people spoke:
Peggy Uppiano, 5988 Mallay Avenue, Ferndale, stated she would like the language in
the ordinance to be clearer and easier to understand. She asked the difference between the
existing regulations and the proposed changes, between a conditional use and an accessory
use, and other questions. Some of the added restrictions on power equipment use seem
arbitrary and unfair to certain occupations.
Kris Halterman, 4004 Cedarbrook Court, Bellingham, submitted and read from a
handout (on file). The move from accessory use to conditional use is more restrictive.
Retain the Growth Management Act requirement for economic growth. Don't place a fixed
amount of space useable for a home occupation. It's more restrictive than the current 25
percent allowable. Don't restrict amperage use for businesses. Don't ban one occupation
over another, when there are no differences in the risk. Don't deny someone the use of
their home for what now qualifies as a home occupation, because conditional use and
variances will require approval by the Hearing Examiner. Don't limit the number of home
occupations. Health codes protect health and safety of occupants and neighbors.
Encourage home occupation owners, don't discourage them. Safeguard the county
economy by planning for growth. Remain with the current code. Make sure home
occupation remains an accessory use to the home.
Hearing no one else, Crawford closed the public hearing. (8:11:49 PM)
Knutzen asked if staff would clarify the criteria for making a change from accessory
use to conditional uses.
Wain Harrison, Planning and Development Services Department, stated the
requirements for home occupation were under definitions of home occupations, which was
an awkward place for those details. The home occupation is intended to be and described
as a permitted use. County staff suggested placing home occupation uses in Chapter 20.84.
That is the logical place in Title 20 for those who use the Code daily. It may be confusing
for people who don't have exposure to Title 20 on a daily basis. He suggests a solution.
Whatcom County Council, 7/27/2010, Page 3
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Amend the title in proposed Whatcom County Code (WCC) 20.84, "Variances, Conditional
Uses, Administrative Approval Uses, a+�d Appeals and Permitted Uses." The text describes
home occupation as a permitted use. This change would be a scrivener's error that does
not require an additional public hearing.
Brenner stated they should take the time to make it clearer by adding "home
occupation" to the definition of permitted uses.
Weimer moved to adopt the ordinance.
Crawford moved to amend the language in section 20.84, Council packet page 292,
"Variances, Conditional Uses, Administrative Approval Uses, a-Rd Appeals and Permitted
Uses."
Brenner suggested a friendly amendment to put the new language at the
beginning of the title.
Crawford accepted the friendly amendment and restated the motion to amend the
language in section 20.84, Council packet page 292, "Permitted Uses, Variances, Conditional
Uses, Administrative Approval Uses and Appeals."
Brenner asked if they still have accessory uses. Harrison stated home occupations
are an allowed accessory use. The primary use in this case is the single - family residence.
The accessory use would be a garage, shop, storage building, or agricultural building. The
accessory use applies to where one would locate the business, not to the business itself.
Kershner asked about any other permitted uses besides home occupations. Harrison
stated home occupation is the only permitted use.
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Mann (6)
Nays: Kershner (1)
Crawford asked about allowing structures built before 1975 and with a certain square
footage to be used in a home occupation. He asked where the location is in the proposed
ordinance.
Brenner referred to the section where the language is located. She asked if anything
in the proposed ordinance is more restrictive or limiting than the current ordinance.
Harrison stated the size of an electrical system is more limiting. There is no discussion of
that in the original ordinance.
Brenner stated that if something isn't mentioned in Title 20, it's prohibited. Harrison
stated it was not addressed in the home occupation section.
Brenner asked if it would have been allowed when it wasn't addressed in Title 20.
Harrison stated it would have been allowed.
Brenner asked the reason for the restriction. Harrison stated the intent of limiting
service to 200 amps was to keep the power service at a scale commensurate with the scale
and intent of home occupations. A 200 amp service is adequate for an entire home. An
additional 200 amp service for the business should be adequate for any business on the
scale of a home occupation.
Whatcom County Council, 7/27/2010, Page 4
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Brenner stated that scale of business is already defined.
Weimer asked about section 20.84.150(A)(6)(3) refers to an outdoor storage area
described in subsection 5, which isn't about outdoor storage. Harrison stated that is an
error.
Weimer moved to remove section 20.84.150(A)(6)(3).
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Knutzen asked if the cottage industry section of the ordinance addresses amp levels.
Harrison stated he is not sure if the current ordinance regarding cottage industry addresses
amps.
Nelson asked the maximum amount of amps a power line could provide to a home
occupation. He asked if there is a requirement for power lines. Harrison stated he doesn't
know.
Nelson stated they may want to limit the amps to prevent someone from adding
large amounts of amperage that the residential power lines can't handle. He referenced
section 20.84.150(8) and asked if a windmill is a home occupation. Harrison stated it is
not, as interpreted by the Planning Department.
Kershner asked if a person in a home that already has amperage higher than 200
would be out of compliance with this code. She asked if a ceramic kiln takes more than 200
amps.
Brenner moved to delete section 20.84.150(10).
Mann asked why they wouldn't instead just remove all those sections, and allow
people to do whatever they want, as long as no one complains.
Brenner stated the restriction in the section she proposes to delete are covered
elsewhere.
Mann asked why Councilmember Brenner is singling out electrical ratings and power
as something that shouldn't be specified in the ordinance.
Brenner stated she doesn't see why someone's electrical output should be a
restriction.
Mann stated the original reason for the ordinance was because the current code
wasn't specific. Staff was having a hard time explaining to the public what was and wasn't
allowed. The point was to be reasonably flexible and permissive to people who have home
occupations, a permitted use. This just enumerates guidelines. He'd like to know if
horsepower or electrical rating are arbitrary. He asked why the others aren't arbitrary.
Brenner stated these aren't guidelines. They're regulations. The other things are
clarifications. This section isn't a clarification. It was someone's decision on what is
reasonable. It isn't in the current code.
Whatcom County Council, 7/27/2010, Page 5
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Harrison stated that when an ordinance is substantially subjective, it is a difficult
position for staff members to be in. When it's up to staff to decide what criteria are
appropriate or inappropriate, and staff with different levels of experience make those
decisions, they get inconsistent answers. It tends to provide for inconsistent answers and
unpredictable expectations. While limits on their service may seem restrictive, there is good
reason to have that.
Knutzen stated they could increase the amp limits, but don't do away with them.
However, a lot of this wasn't restricted before, such as mortuaries. Now, there is a business
that would be restricted and noncompliant. He asked where they draw the line.
The motion failed by the following vote:
Ayes: Brenner and Kershner (2)
Nays: Nelson, Crawford, Weimer, Knutzen and Mann (5)
Brenner moved to amend 20.84.150(11), "The following activities, which include
but are not limited to: mortuaries, funeral homes, major auto body, major truck and heavy
equipment repair, and major auto body painting autemebile,
Fepair and auto body werk or auto body paintk!i-g, are prohibited as home occupations. Minor
automobile and truck repair are allowed."
Knutzen stated staff will have a difficult time defining the difference between minor
and major repair.
Brenner stated they are supposed to make this work for people. Many people do
minor work on cars and trucks. People wouldn't be able to get to work without them. She
doesn't like making them illegal. They aren't doing things that are dirty work. It's
important to allow those people to exist without being harassed.
Knutzen asked about the person who invested money in a shop, insurance, and
certification to create their own auto repair business. Now, the neighbor working from
home with no insurance or permit is taking business away.
Brenner stated it's about the amount of work. Someone with a shop will have much
more work than what one would find in a single family residential neighborhood. That's
covered under increased traffic and other things.
Nelson stated he has a problem opening the door to a permitted use. The term
'minor' isn't defined.
Mann stated this is the Council's third public hearing. They've had six committee
meetings on this. Councilmember Brenner is on the committee that hashed this out
already. They have given this due consideration. No one is going to get arrested for
changing a flat tire in the driveway. This is a reasonable ordinance. It is time to vote and
move on.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Whatcom County Council, 7/27/2010, Page 6
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Crawford stated he will support the ordinance. He has not been very excited about
it, especially given conflicts with the cottage industry ordinance. However, changes he
asked for were made and resolve the problem. It's a decent compromise.
The motion to adopt the amended ordinance carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING DESIGNATIONS FOR PROPERTY (60 ACRES) LOCATED IN THE
VICINITY OF 1000 PARADISE ROAD (AB2010 -273) (8:57:10 PM)
Crawford opened the public hearing and the following person spoke:
Larry Stoner, 4751 Birch Bay Lynden Road, Blaine, stated he represents the
applicant, Gordon Gerard. He is available for questions.
Hearing no one else, Crawford closed the public hearing.
Nelson moved to forward to concurrency.
Knutzen asked if any of the land is being farmed. Stoner stated there is not. It is
very poor agricultural land. Three - quarters of the land is an exhausted sand pit. Also, it's
right next to Paradise Park development, zoned rural, one unit per acre (R1A). This will
buffer residential development and agriculture.
Mann asked how many more houses will be allowed to be built if this goes through.
Stoner replied three houses will be built. He described the history of the zoning in this area.
This part of the land is not in the flood plain. It's up on the ridge. Most of the area around
Ferndale is flood plain. This ridge is out of the flood plain.
Brenner stated the applicant originally requested a zone of rural, one unit per five
acres (R5A), which was turned down. The zone of rural, one unit per ten acres (R10A)
would be a good buffer.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2011
THROUGH 2016 (AB2010 -269) (9:03:57 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Nelson moved to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON LOCUST AVENUE
(AB2010 -257) (9:05:34 PM)
Whatcom County Council, 7/27/2010, Page 7
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Crawford opened the public hearing and the following people spoke:
Shannon Nevarez, 3151 Locust Avenue, Bellingham, stated she supports the parking
restrictions, due to a public safety issue. Emergency vehicles can't get down the road, and
she has been blocked from coming home due to people parking on both sides of the road.
Darcy McConnell, 3343 Walltine Road, Ferndale, stated he hopes these restrictions
would be temporary. Find a way to improve the situation. It is a wonderful spot, useful to
many in the community because of the bicycle use in the area. Widen the shoulder so there
is more area for people to get off the road and allow them to park. The area near the water
is used by a lot of people who kite board. On a nice day, 40 to 50 people use the area.
Another option is to limit the time of day.
Craig Thomas, 896 Marine Drive, Bellingham, stated he wants to make sure access
to the beach remains open. He doesn't have an issue with parking. If they make parking
restrictions, install signs to let people know what the regulations are.
Andy Holmes, 3463 Bamboo Lane, stated he owns a piece of property on Locust
Avenue. He speaks for the kite boarders. There is value to the public access. It is a unique
area. There is no where else in the Pacific Northwest where someone can kite board in
shallow, warm, safe waters. Restrict the parking only at night. The problems in the area
are only at night. Find the people who violate the night parking restrictions.
Carson Huntoon, 2806 Russell Avenue, Bellingham, stated he kite boards off the
Locust Street area. The area has perfect conditions and is used by kite boarders and lots of
families. It's important that people park respectfully. Loss of access would be
unfortunately.
Tim Williamson, 16597 Augusta Lane, Burlington, stated the kite boarding
community come here to kite. Many people come here from out of the area to kite board.
They spend money locally. They respect the neighborhood. They support the restrictions,
but limit the hours from dusk to dawn.
Randy Waldschmidt, 6064 Cedar Drive, Bow, stated he is also a kite boarder who
uses Locust Beach. Keep the beach open. Night use is a problem. He is in favor of a good
parking plan to keep the access open. Limit the hours from dusk to dawn.
Tim Nevarez, 3151 Locust Avenue, stated many people use Locust Beach. This
hearing isn't about keeping the beach open. It's about the parking situation. He wants
access to his house. Many times he's come home and the road is blocked on both sides.
This issue will partially be resolved by the proposed ordinance. Keep the road open for
access by emergency medical service, fire department, and police. No one has addressed
the interface between the vehicles and the public. Pedestrians walk up and down the road
with no care for cars that are coming and going. There are two blind spots on the road. An
accident will happen. This ordinance doesn't resolve that issue. There is underage drinking,
late night fighting, and partying down there. The kite boarders spoke to restricting access
at night. He supports the ordinance. It's the first step to cleaning things up.
Hearing no one else, Crawford closed the public hearing. (9 :19:57 PM)
Brenner moved to adopt the ordinance. She asked how much right -of -way the
road has.
Whatcom County Council, 7/27/2010, Page 8
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Joe Rutan, Public Works Department, stated there is about 60 feet of right -of -way.
County added crushed rock along the south side of the road in order to facilitate parking
beyond the fog line about a year and a half ago. There is not enough area on the north side
to park off the road. This issue is to deal with only one issue. The true concern is that fire
and emergency aid cannot get through and need access.
Mann asked why the ordinance doesn't include night time parking restrictions.
They've know about these problems for awhile. Rutan stated he is responding only to the
fire marshal's issues. He can bring forward other options.
Weimer asked if any other parking will still be available. Rutan stated there will be
parking on the south side up to Marine Drive. The next place to park is on Marine Drive, but
there's a bike lane.
Mann asked if Public Works staff would have a problem with creating night time
parking restrictions. Rutan stated they won't have a problem. They would also need to
hear from the Sheriff's Office, who enforces it.
Mann stated he would like to keep the proposal as it is, with the addition of a no
parking restriction from dusk to dawn on the south side of the street. Rutan stated that
would require another public hearing.
Brenner's stated the County should create an arrangement with a designated
organization to do maintenance, similar to the agreement with the bicyclists who maintain
Galbraith Mountain. She asked if County Parks have dusk to dawn closure.
Mike McFarland, Parks and Recreation Department Directer, stated most parks are
closed from dusk to dawn. They are closed by a gate. If there is a problem, the Sheriff's
Office will enforce. In most instances, folks usually leave.
Rutan stated he would bring forward a separate ordinance to address the dusk to
dawn restrictions.
The motion carried by the following vote: (9 :30 :54 PM)
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
CONSENT AGENDA (9 :31 :17 PM)
Kershner reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through five.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR REIMBURSEMENT OF COSTS INCURRED TO CONDUCT AN
HiNi IMMUNIZATION CAMPAIGN DURING THE HiNi PANDEMIC IN AN
AMOUNT NOT TO EXCEED $30,000 (AB2010 -283)
Whatcom County Council, 7/27/2010, Page 9
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2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND JUSTIN
GHRAMM AND AMANDA SNOW FOR 7981 BLAINE ROAD IN THE AMOUNT OF
$860.00 PER MONTH (AB2010 -284)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND COMMODITY
CREDIT UNION FOR MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT
RIGHTS EASEMENT ACQUISITIONS IN THE AMOUNT OF $493,000 (AB2010-
285)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A TWO
YEAR AGREEMENT BETWEEN WHATCOM COUNTY AND SOLE SOURCE
PROVIDER, WEST, FOR PROVISION OF WEB -BASED AND DISCOUNTED
PRINTED LEGAL RESEARCH TOOLS TO THE WHATCOM COUNTY
PROSECUTOR'S OFFICE IN THE AMOUNT OF $64,443.36 (AB2010 -286)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
PURCHASE OF PLAYGROUND EQUIPMENT FOR BAY HORIZON PARK FROM
US COMMUNITIES COOPERATIVE AGREEMENT VENDOR, LANDSCAPE
STRUCTURES, IN THE AMOUNT OF $52,298.52 (AB2010 -287)
OTHER ITEMS
1. PUBLIC WORKS REQUESTS APPROVAL OF A GRANT AGREEMENT WITH THE
STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE TO
DESIGN A SECOND PHASE OF INTEGRATED SALMON RECOVERY /FLOOD
HAZARD MANAGEMENT PROJECTS ON LOWER CANYON CREEK ON THE
NORTH FORK NOOKSACK RIVER IN THE AMOUNT OF $206,500 (AB2010-
278) (9:33 :04 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. PUBLIC WORKS REQUESTS APPROVAL OF AN INTERLOCAL AGREEMENT
BETWEEN WHATCOM CONSERVATION DISTRICT AND WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FOR IMPLEMENTATION OF AN EPA
ASSISTANCE AGREEMENT, TO BE COMPLETED BY SEPTEMBER 2014, IN THE
AMOUNT OF $408,605 (AB2010 -279) (9 :33 :08 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Whatcom County Council, 7/27/2010, Page 10
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Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
VARIABLE HOURLY RATE CONTRACT (WITH A MAXIMUM OF BILLABLE
HOURS) BETWEEN WHATCOM COUNTY AND DAVID A. NELSON FOR THE
PROVISION OF GUARDIAN AD LITEM SERVICES IN THE JUVENILE DIVISION
OF WHATCOM COUNTY SUPERIOR COURT FOR 2010/2011 (AB2010 -280)
(9:34:35 PM)
Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
Mann stated they heard the report from Jack Hovenier. He would like to take his
advice, and hold this for more information.
Brenner stated they've trained many court appointed special advocate (CASA)
volunteers, and are training more. According to N.F. Jackson, they have to have backup
guardians ad litem (GALs).
Crawford stated they will use any available CASA volunteers first, before using
guardians ad litem. In a perfect world, Mr. Hovenier would like the County to hire
coordinators. That's something to think about for the future, but it isn't reasonable right
now. She suggested people form a nonprofit to train CASA volunteers.
Weimer asked that Mr. Reynolds talk to the Council about how they're recruiting
CASA volunteers. There was also a discussion about averages in other counties. Without
more volunteers at this point, this is the best they can do.
Kershner stated Mr. Hovenier indicated that they could exceed the 25 hour limit if
there is a need. The current contract runs out at the end of July. If the Council doesn't
approve this, the County won't have a contract. Don't hold the item. Approve the contract,
and schedule a presentation.
Brenner stated this doesn't commit to any amount of hours. The contracts are there
if they need them. The more CASA volunteers are trained, the less they will need GALs.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
VARIABLE HOURLY RATE CONTRACT (WITH A MAXIMUM OF BILLABLE
HOURS) BETWEEN WHATCOM COUNTY AND WHATCOM GUARDIAN AD LITEM
SERVICES, LLC FOR THE PROVISION OF GUARDIAN AD LITEM SERVICES IN
THE JUVENILE DIVISION OF WHATCOM COUNTY SUPERIOR COURT FOR
2010/2011 (AB2010 -281) (9:40:56 PM)
Whatcom County Council, 7/27/2010, Page 11
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Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
S. RESOLUTION APPROVING THE INCLUSION OF TWO IDENTIFIED WHATCOM
COUNTY PROJECTS ONTO THE EXISTING 2008 COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY LIST (AB2010 -282) (9:41:39 PM)
Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner moved to bifurcate the two items and vote on them separately.
(Clerk's Note: This motion was not voted on.)
Brenner stated she can't support the resolution. There is much structural damage.
The Developmental Disabilities Board should make a recommendation on something like
this. This could cost the County more money.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
6. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET,
THIRTEENTH, REQUEST, IN THE AMOUNT OF $711,061 (AB2010 -274)
(9 :44 :48 PM)
Kershner reported for the Finance and Administrative Services Committee and
moved to approve the request.
Dewey Desler, Deputy Administrator, gave a staff report on the plans for the
building.
Weimer stated he will vote for this because they need to maintain the building, but
they need to involve the Developmental Disabilities Advisory Board, which has policy
concerns about moving forward with sheltered workshops. At some point, determine
whether they can really do placements into that type of facility, or if this building can be a
training facility for community -based services. Desler stated the client will get to choose
which type of service to go to.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner, Nelson and Weimer (6)
Nays: Brenner (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 -054C) (9 :50 :43 PM)
Whatcom County Council, 7/27/2010, Page 12
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This item was withdrawn from the agenda.
8. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, TO ADD
PIPELINE SAFETY REGULATIONS (AB2010 -238) (9:51:14 PM)
Knutzen reported for the Planning and Development Committee and moved to
adopt the ordinance.
Crawford moved to amend Council packet page 245 to remove section 3.2.2. It's
unnecessary to notify the pipeline company in the case of single - family residential
development. They haven't identified a problem or reason for that notification. Intuitively,
they would want a thorough review process for facilities such as school and hospitals.
Pipeline companies negotiate easements with property owners. There's no purpose to
notifying those within a certain distance. He asked where there has been a problem in
Whatcom County with single - family residences. He won't support the ordinance if they
don't remove this section.
Weimer stated he is against the amendment for several reasons. This section
includes more than single - family houses, which still should be included. First, things can
occur outside the easement that would affect the pipeline. It would be nice to have that
consultation between the pipeline owner and property developer. Also, they've learned that
pipelines can affect people who live outside the easements. The Williams gas pipeline has a
potential impact radius of over 1,000 feet. It makes good public policy to make sure people
understand and can make decisions for themselves.
Brenner stated this is not an imposition. It is just the County sending a paper to the
pipeline company. There's nothing else that goes with this. She asked if this notification is
the only thing.
Wain Harrison, Planning and Development Services Department, stated that's
correct.
Mann stated it's not even a requirement.
Crawford stated the practice of staff will be to notify.
Nelson stated he is against the amendment. Information and knowledge are
important. They help avoid problems. Err on the side of providing enough information,
especially when there is a safety issue. It's a service the County can provide people, even if
the easements are already there. If the information isn't shared, they will end up with
problems.
Knutzen stated this notification will not hold up the permit process, according to
staff. That's the biggest complaint he hears from the community. Harrison stated it's
simply a notification process.
Crawford stated it's unnecessary. It's not within the easement area of the pipeline.
There is no demonstrated hazard posed to the people doing it. Most regulations started out
with the best of intentions. The process is now onerous for families to build single - family
homes. This adds another step in the process. He doesn't see the need, and won't support
it. Critical facilities need to have that level of communication, but not single - family homes.
Whatcom County Council, 7/27/2010, Page 13
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The motion to amend failed by the following vote:
Ayes: Crawford (1)
Nays: Nelson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Kershner asked if this applies to a parking lot structure, if only the parking lot were
inside the 500 feet. She asked if the definition of structure' only applies to a building, to
allow a parking lot or ball field within the 500 feet. Harrison stated the definition of
'structure' is very broad, and applies to anything that's built. A parking lot is not necessarily
a structure.
Kershner asked if there's a way to use that land productively without jeopardizing
the building. Harrison stated he would like to consider it.
Brenner asked if this would include the airport. She asked if these types of pipelines
are near the airport. They deal with federal law. Harrison stated it could include the
airport.
Weimer stated the intent was for building structures. Parking lots, ball fields, and
those things are recommended uses for the area between the school or hospital and the
pipeline. He believes the pipeline closest to the airport is along Slater Road.
Knutzen asked if they would restrict a new industry employing many people that
moves into a building within 500 feet of the pipeline. Harrison stated they might negotiate
certain design concessions. It may not be a high consequence use.
Weimer stated a high consequence use is specifically about uses such as schools,
hospitals, homes for the elderly, and similar things. Regular commercial or retain
businesses isn't a high consequence use.
Knutzen asked if this section doesn't include other uses. Harrison stated that in
general, if the code doesn't specify the use, the staff interprets the code so that the use
isn't included. However, they would have to make some subjective judgment on a case -by-
case basis. It would be a rare situation. Generally they stick to the uses listed in the
ordinance.
Knutzen stated include exemptions for commercial and industrial users. Harrison
stated they could consider that. Staff would interpret it that way already.
Karen Frakes, Prosecutor's Office, stated that when there is a list of items, and it
doesn't say "included, but not limited to" her advice to the department is to only consider
the specifically - listed uses as being included.
Weimer stated that was the intent as this went through the Planning Commission.
Knutzen asked the distance between the property on the main street of Lynden that
is proposed as a medical facility and a pipeline.
Crawford stated this ordinance only applies to unincorporated Whatcom County.
Kershner moved to amend section 4.1.1, "Newel occupied building for
high consequence...." Frakes stated that has been the intent all along, and is not a
significant change requiring a new public hearing.
Whatcom County Council, 7/27/2010, Page 14
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The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Weimer stated the Planning Commission did a very good job on this. They spent a
lot of time and tweaked it for Whatcom County rather than using just the national model.
The motion to adopt the amended ordinance carried by the following vote:
Ayes: Nelson, Brenner, Weimer, Knutzen, Mann and Kershner (6)
Nays: Crawford (1)
9. 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) (10:13:22 PM)
Knutzen reported for the Planning and Development Committee and stated this item
was held in committee.
10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENTS
OF DEAN BRETT, BRENT WALKER, DUNHAM GOODING AND CHARLES SELF
TO THE BELLINGHAM - WHATCOM PUBLIC FACILITIES DISTRICT (AB2010-
288) (10 :13 :40 PM)
Nelson moved to confirm the reappointments.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
11. DISCUSSION AND POSSIBLE ACTION ON A RECOMMENDATION OF THE
COUNCIL'S PUBLIC WORKS AND SAFETY COMMITTEE TO NO LONGER ALLOW
QUIET TITLE ACTION FOR PROPERTIES IN THE LAKE WHATCOM
WATERSHED (AB2010 -235) (10 :14 :05 PM)
Brenner moved that all proposed actions to vacate County public rights -of -way in
the Lake Whatcom watershed go to the Public Works Committee for discussion and
recommendation. Make sure the County doesn't vacate a potential use, such as for
stormwater.
Weimer asked what the committee would recommend. The process doesn't need
Council approval.
Brenner stated they can say no to vacation. She worked with the attorneys at the
State on this. They were amazed that the County has taken the position that it has to
prove it was never used. That's not the law. The proponent who wants the right -of -way
has to prove it's never been used.
Weimer stated there isn't any legal reason for Council approval.
Brenner stated these issues used to come to the committee, until the Council
majority voted to not have them. Don't vote away right -of -way they could use for
stormwater.
Whatcom County Council, 7/27/2010, Page 15
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Karen Frakes, Prosecutor's Office, stated the Council should wait to discuss this with
Civil Prosecutor Dan Gibson.
Crawford stated they should check to make sure there isn't liability from a conflict
with State law.
Brenner stated there is no liability. The County is allowed to make someone prove
that the right -of -way was never used. The cost of buying land in the watershed is enough
reason to not give away land in the watershed that the County could use for stormwater.
Mann stated the property owner has the burden of proof in a quiet title. However, if
the County wanted to use those lands to develop a stormwater retention facility, for
example, then the County has to prove that the right -of -way was used in the past. If
there's no way Mr. Gibson can find to prove that the right -of -way was ever used, he knows
there's no point in keeping it, because the County can't prove it was used.
Brenner stated that's what Mr. Gibson says. She doesn't believe the burden of proof
shifts back to the County. There's nothing to say whether or not people walked in a right -
of -way. The County already has the right -of -way. She would like to check with the
attorneys.
Frakes stated it isn't true that the property is the County's property if it hasn't been
opened, by operation of law. Councilmember Mann's comments are correct.
Brenner moved to hold in the Public Works Committee.
The motion failed by the following vote:
Ayes: Nelson, Brenner and Knutzen (3)
Nays: Crawford, Weimer and Mann (3)
Abstains: Kershner (1)
The motion to forward right -of -way vacation items to the Public Works Committee
failed by the following vote:
Ayes: Brenner (1)
Nays: Nelson, Crawford, Weimer and Mann (4)
Abstains: Kershner and Knutzen (2)
INTRODUCTION ITEMS (10:26:17 PM)
Kershner moved to accept the Introduction Items
Brenner moved to add resolution recommending approval of the bank repair
project at Dozer Corner (AB2010 -292).
Kershner accepted the motion as a friendly amendment.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION REGARDING
APPEAL BY CONCRETE NOR'WEST AND FRIENDS OF NOOKSACK SAMISH
Whatcom County Council, 7/27/2010, Page 16
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WATERSHED ON SEP2009- 00132, FILED BY DAVID MANN FOR FRIENDS OF
NOOKSACK SAMISH WATERSHED (AB2010 -263)
2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION REGARDING
APPEAL OF DISTRICT MANAGER OF BBWARM DISTRICT (APL2010 -001),
FILED BY SWANSON /BELCHER LAW FIRM FOR SOUND PACIFIC RESOURCES,
INC. (AB2010 -275)
3. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
(AB2010 -289)
4. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET,
FOURTEENTH REQUEST, IN THE AMOUNT OF $771,900 (AB2010 -290)
5. 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)
6. ORDINANCE AMENDING CHAPTER 20.90 OF THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE RELATING TO INITIATING ZONING
AMENDMENTS (AB2010 -270A)
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 AND FERNDALE (AB2010 -054D)
8. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED PROPERTY AS
RECOMMENDED BY THE WHATCOM COUNTY PROPERTY MANAGEMENT
COMMITTEE (AB2010 -291) (RESOLUTION ATTACHED)
9. RESOLUTION RECOMMENDING APPROVAL OF THE BANK REPAIR PROJECT
AT DOZER CORNER (AB2010 -292)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (10:27:14 PM)
Knutzen stated he toured the food bank facility. He recommends others take a tour.
There was quite a line up, and quite a bit of food was distributed.
Crawford stated he visited the Madison County, Montana courthouse, built in 1876.
The County has a population of 7,000. Their sheriff's department and jail are in the
courthouse basement.
Brenner stated the Council is lucky to have its Clerk and Deputy Clerk.
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Kershner stated she will not be at the next meeting, due to a planned vacation.
ADJOURN
The meeting adjourned at 10:28 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, 7/27/2010, Page 18