HomeMy WebLinkAboutCouncil September 28 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
September 28, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 6:58 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 (6:59:40 PM)
Crawford announced that the Ferndale High School government class is attending
this evening's meeting.
Crawford also announced there was a discussion regarding a draft ordinance
amending Whatcom County Zoning Code Title 20, the Official Whatcom County
Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to
implement changes relating to rural land use planning (AB2010 -072A) in today's
Committee of the Whole meeting. The Committee of the Whole will continued the
discussion in two weeks.
MINUTES CONSENT (7:01:27 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 14, 2010
2. COMMITTEE OF THE WHOLE FOR SEPTEMBER 14, 2010
3. REGULAR COUNTY COUNCIL FOR SEPTEMBER 14, 2010
Whatcom County Council, 9/28/2010, Page 1
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OPEN SESSION (7:01:45 PM)
The following people spoke:
• Wally Caviness, 2241 Mt. Baker Highway, spoke on the Humane Society and
the Sheriff Department.
• Leonard Lindstrom, Citizen, spoke on homelessness.
• Dan McShane, 1451 Grant Street, Bellingham, submitted a handout (on file)
and spoke on the urban growth area for Yew Street Road (AB2010- 054E).
• Bob Wiesen, 3314 Douglas Road, Ferndale, spoke on Harbor Shores, limited
areas of more intense rural development (LAMIRDS), and the rural process.
PUBLIC HEARINGS
1. RESOLUTION ADOPTING THE 2011 ANNUAL ROAD CONSTRUCTION
PROGRAM (AB2010 -322) (7:13 :29 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
Mann stated he is against the resolution because it is too expensive. It plans for new
roads when the County can't afford it. The first item on the list will cost millions of dollars
to build. They can't afford that right now.
Crawford stated he is in favor of the plan. None of these roads are new. All the
projects are enhancements.
Mann stated he agreed. The roads are being extensively widened with added
shoulders and lanes.
Nelson stated the road fund is dedicated money that is collected from tax dollars. He
asked on what else the County would use these dedicated funds.
Mann stated they aren't obligated to spend the public's money.
Nelson stated he pays taxes for certain services. If he doesn't get the service, he
shouldn't have to be charged the tax.
tax.
Mann stated they shouldn't be charged the tax. He would repeal, lower, or shift the
Nelson stated they can't shift road funds.
Mann stated they can do a levy shift.
Brenner stated that when a levy shift happens, people in the cities will end up paying
one thing, and county taxpayers will end up paying for another thing. The Lincoln Road
project is ongoing. The project has to do with safety and other issues. The plan for this
project is much reduced from the original plan. It's a good project. She doesn't expect it to
be done in the next several years.
Whatcom County Council, 9/28/2010, Page 2
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Frank Abart, Public Works Director, stated the improvement to Lincoln Road are
essentially for safety purposes. The project will start early next year, and phase I should be
complete within the year.
Mann stated he understands that certain tax dollars are directed to certain funds. In
the big picture, it's all citizen tax dollars. Those dollars should be allocated in the most
effective and responsible way possible. He can't vote for something that isn't a wise use of
funds in the big picture. That's why he votes against this item.
Crawford stated there are looming budget challenges. He would not be opposed to
the type of levy shifts that have no net gain or loss to the taxpayer, but can fund programs
where needed. They should have flexibility to do those things within the law.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
2. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON LOCUST AVENUE
(AB2010 -324) (7:20 :16 PM)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Nelson moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
CONSENT AGENDA (7 :21 :37 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through eight.
Brenner withdrew item eight.
The motion to approve Consent Agenda items one through seven carried by the
following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #10 -76
AND ENTER INTO A CONTRACT WITH LOW BIDDER, COLACURCIO
BROTHERS INC, FOR RENOVATIONS TO SILVER LAKE DAY LODGE IN THE
AMOUNT OF $130,894.40 (AB2010 -334)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST ECONOMIC
DEVELOPMENT COUNCIL FOR ESTABLISHMENT AND OPERATION OF THE
INNOVATION RESOURCE CENTER TO THE POINT OF SUSTAINABILITY IN
THE AMOUNT OF $80,000 (AB2010 -335)
Whatcom County Council, 9/28/2010, Page 3
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3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A CRISIS RESPONSE PHONE SYSTEM FOR THE WHATCOM
COUNTY SHERIFF'S OFFICE CRISIS RESPONSE TEAM FROM SOLE SOURCE
VENDOR, ENFORCEMENT TECHNOLOGY GROUP, IN THE AMOUNT OF
$26,799.48 (AB2010 -336)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF A TACTICAL BLANKET SYSTEM FOR USE BY THE WHATCOM
COUNTY SHERIFF'S OFFICE SPECIAL RESPONSE TEAM FROM SOLE SOURCE
VENDOR, INSTANT ARMOR, INC., IN THE AMOUNT OF $48,501.52 (AB2010-
337)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COMPUWORK PACIFIC INC.
TO DEVELOP THE SUMAS WENET SERVICE POINT IN THE AMOUNT OF
$36,100 (AB2010 -338)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COMPUWORK PACIFIC INC.
TO DEVELOP THE EVERSON WENET SERVICE POINT IN THE AMOUNT OF
$36,100 (AB2010 -339)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COMPU -TECH, INC. TO
DEVELOP THE LYNDEN WENET SERVICE POINT IN THE AMOUNT OF $66,300
(AB2010 -340)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 5-
YEAR LEASE AGREEMENT WITH CHINOOK ENTERPRISES FOR PROPERTY AT
3720 WILLIAMSON WAY, BELLINGHAM, IN THE AMOUNT OF $12 PER YEAR
(AB2010 -341)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner asked if the contract can ensure the services are being provided if there
aren't enough contracts from the State. She prefers to hear from the Developmental
Disabilities Board, but she will support the item if there is no way for them to use this for
anything other than that.
Weimer stated there is a concern that nothing in the lease can guarantee that the
building will be used for folks with developmental disabilities. He moved to amend the
lease on Council packet page 256, the third whereas statement, "...programs for persons
with developmental disabilities...."
Crawford asked if the language would allow the gamut of services that have been
discussed, including returning veterans.
Weimer stated the entire scope of work is completely about developmental
disabilities. He doesn't know if the vendor would be precluded from doing anything else,
but they would have to at least provide services to folks with developmental disabilities.
Whatcom County Council, 9/28/2010, Page 4
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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 moved to amend the lease on Council packet page 257, "PERMITTED
USES: To create jobs ... persons with developmental disabilities or other employment
barriers."
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
The motion to approve the lease as amended carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OTHER ITEMS
1. RESOLUTION APPROVING ONE APPLICATION FOR OPEN SPACE CURRENT
USE ASSESSMENT UNDER THE OPEN SPACE LAND CLASSIFICATION AS
REFERENCED UNDER MASTER FILE NUMBER OS2010 -1 (AB2010 -331)
(7:27:30 PM)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Brenner asked for a legal opinion on whether these open space /open space
properties can count toward the County's parks requirements for level of service. She
would like to also know if they can change the open space /open space regulations to require
public access without advanced notice of 24 hours. Whoever receives this tax reduction
gets a great deal. This is supposed to be for the public's interest, not the property owner's
interest. She asked if the County can decide to change that language regarding advanced
notice for public access and give people an opportunity to withdraw without penalty.
Tyler Schroeder, Planning and Development Services Department, stated staff will
discuss those points at an upcoming committee meeting. He doesn't know the legalities at
this time.
Brenner stated she will support the motion with the hope they can make a change
retroactively, without penalty.
Kershner asked who is responsible for managing the property. Schroeder stated the
property owner is the responsible party.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 9/28/2010, Page 5
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OTHER BUSINESS
DISCUSSION REGARDING WIND ENERGY SYSTEM (WES) ORDINANCE PROPOSALS
(AB2010 -116D) (7 :32 :13 PM)
Weimer reported for the Natural Resource Committee and moved to present both
the proposed ordinance from Councilmember Mann and Councilmember Brenner to Planning
and Development Services Department staff to prepare a staff report to review the
ordinance in regards to the zones, uses, setbacks, noise, and permit types associated with
those wind energy systems, which will then be represented to Planning Commission to make
a recommendation to the Council.
Brenner stated the Planning staff will provide information on these issues without
providing personal opinions.
Mann moved to amend the motion to forward just the Councilmember Mann version
of the ordinance. They have to get clarity on this. They have good feedback from residents
on Squalicum Mountain regarding his ordinance. The format is consistent with the
ordinance format. It's easy to interchange the numbers. For simplicity for the Planning
Commission and public comment, send only his ordinance for review. Councilmember
Brenner's ordinance can also be sent forward as additional information. They will keep this
umbrella of indecision going if they send both versions with equal weight to the Planning
Commission.
Brenner stated she is against the motion to amend. She understands the format
looks better to staff, but it gives a misperception that the Council is favoring Councilmember
Mann's version over her version. She has a lot of faith in the Planning Commission.
Commissioners have told her they are dealing with few items. The Commission may come
up with a better solution. Let the Commission know that both options are valid.
Nelson stated the public and Planning Commission needs to have all the information,
regardless of the format. The Planning Commission can structure a recommendation
however they like. They can incorporate changes into any format. The amendment
wouldn't benefit one or the other.
Weimer asked if staff would develop a draft ordinance for the Planning Commission,
even if the actual numbers are blank.
Tyler Schroeder, Planning and Development Services Department, stated he agrees
that the Planning staff will put together a draft ordinance and outline the specific differences
regarding the issues outlined in the motion.
Brenner stated Regan Clover already did that. Give the two options equal weight.
Crawford stated he is in favor of Councilmember Mann's amendment. He's read both
ordinances, which are somewhat different. This will all boil down to the issues of setbacks,
performance criteria, and zones. Councilmember Mann's more cohesive format is clearer in
providing a direction. Staff will of course consider Councilmember Brenner's work also.
Brenner stated it's important for the Planning Commission to go through the
information and come up with reference material.
The motion to amend failed by the following vote:
Whatcom County Council, 9/28/2010, Page 6
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Ayes: Crawford, Weimer and Mann (3)
Nays: Kershner, Nelson and Brenner (3)
Abstains: Knutzen (1)
Mann stated the staff report will not come back to the County Council before it goes
to the Planning Commission.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OTHER ITEMS
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT AND HERRERA ENVIRONMENTAL
CONSULTANTS, INC. FOR EVALUATION AND DESIGN FOR SALMON
RECOVERY PASSAGE AND HABITAT ON LOWER CANYON CREEK IN THE
AMOUNT OF $239,863 (AB2010 -332) (7:42:49 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 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. RESOLUTION APPROVING LAND ACQUISITION AT 3421 SOUTH PASS ROAD,
EVERSON (AB2010 -333) (7 :43:28 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 and 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 AMENDING THE 2010 WHATCOM COUNTY BUDGET, FIFTEENTH
REQUEST, IN THE AMOUNT OF $1,324,953 (AB2010 -325) (7 :44 :50 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, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 9/28/2010, Page 7
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5. 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) (7:45:26 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
Brenner moved to amend to add language, "With this approval, if the property is
annexed, there will be an interlocal agreement with the City of Blaine and a binding
agreement with the developer that ensures neither Harbor Shores, the City of Blaine, nor
Whatcom County will make changes to this agreement that will force residents in the area
with working septic systems to hook up or pay into the sewer system costs until or unless
their systems fail, or they request hookup through a latecomers agreement."
Nelson stated the sewer district proposed to incorporate this area into its
comprehensive plan. The Birch Bay Water and Sewer District included this area as part of
its plan, and the County Council accepted it. He asked how the County can ask them to not
provide the services to people who have septic systems.
Brenner stated this is only if they opt to become annexed into the city and go
through the City of Blaine. That would be between the sewer district and City. It would put
the neighboring properties under the jurisdiction of the City of Blaine. They have all kinds
of ways to do things that would force other people with working septic systems onto the
sewer system. She doesn't have a problem with the Birch Bay Water and Sewer District.
She's trying to protect people with working septic systems, who just went through review
and upgrades. No one with a working septic system should be forced to pay for something
they don't need or want.
Crawford asked what could happen in terms of forcing the owners to hook up to
services, without this added language regarding a guarantee. The City of Blaine went far in
its letter to the Council dated September 1, 2010 by saying connections would be deferred
until failure of the septic system or sale of the property. He asked the difference between
what the City of Blaine is telling the residents and what Councilmember Brenner says.
Kate Blystone, Planning and Development Services Department, stated the City of
Blaine approved language last night that says one must connect to sewer within 60 days if
the service is within 200 feet of the home, upon annexation. It also approved a deferral
process for a working septic system on a residential use with a deferral agreement with the
City of Blaine. The agreement would be in effect until there is a failure on the onsite septic
system, the property is sold, or there are repairs and improvements valued at greater than
50 percent of the assessed value. She doesn't know the difference between the proposal
from the City of Blaine and Councilmember Brenner's amendment. It seems
Councilmember Brenner is trying to strengthen that language. She's not sure where it
would fit into the ordinance. This could be a function of the development agreement that is
occurring at the same time.
Brenner stated she's talking about annexation, not development agreements. The
City has a local improvement district (LID) process. If the City changes its mind in the
future and opts for an LID, this wouldn't cover the LID. That means the people wouldn't
necessarily be forced to hook up, but they would be forced to pay just for being in that
district. State law allows the County and the City to agree to annexation and bypass the
public process, which is a problem. She believes the City of Blaine is great, but don't give
Whatcom County Council, 9/28/2010, Page 8
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up jurisdictional assistance without a promise that the rules won't change. They've done
this through interlocal agreements. Developers do this through binding site agreements. It
happens. Blystone stated Revised Code of Washington (RCW) 35A.14.480 addresses a
situation with a County, City, and Fire District working together. She's not sure this State
code would apply in this instance.
Brenner stated the intent of the legislation was to bypass a public vote when all
jurisdictions agree. She wants to protect the interests of the neighboring property owners
into the future, when the County may not have jurisdiction. She restated the motion to
add language, "With this approval, if the property is annexed, there will be an interlocal
agreement with the City of Blaine and a binding agreement with the developer that ensures
neither Harbor Shores, the City of Blaine, nor Whatcom County will make changes to this
agreement for any reason that will force residents in the area with working septic systems
to hook up or pay into the sewer system costs until or unless their systems fail, or they
request hookup through a latecomers agreement, or at the time of the sale of property."
Weimer asked if this can only occur during annexation and if the Birch Bay Water
and Sewer District form an LID. Once this area goes into the urban growth area (UGA),
Birch Bay Water and Sewer District could also serve the area. If they have the ability to
form an LID, there could be the same problem.
Brenner stated there have been no complaints about potential service from Birch Bay
Water and Sewer District. She's not worried about that. Neighbors would have brought
that concern forward if it was possible.
Kershner asked where this language would go.
Brenner stated that's up to legal counsel. Make sure it's part of the formula that
goes to annexation. It doesn't hurt to put it in this document. It will be in an interlocal
agreement and binding agreement.
Crawford stated he is against the motion. The City of Blaine has done a great job
trying to address the concerns, as recently as last night. The City of Blaine could do this to
anyone in their citizenry. The City is not going to forget that those people are their
constituents. He respects and understands the concerns. They have been heard. The area
was in the UGA until November 24, 2009. They are moving the area back into the UGA. It
was appropriate for the UGA. This plat has been developed since 1965. There are benefits
of potential future annexation. He hopes there is some benefit they perceive at some point.
Brenner stated this is a small group of people. They should not be hurt. Councils
act politically and can change. They have no idea whether a future council will care about
these constituents. It's a win for all to protect them. Eventually, they'll be on the service.
The developer can collect latecomer fees. They aren't burdened now. This is something
they should have been doing a long time ago for any property.
Nelson stated he agrees with Councilmember Brenner on the LIDS. He's seen
impacts imposed upon citizens with improvements that cities have done. The intent here
isn't to create road improvements or large structural improvements other than sewer and
water. He asked if Councilmember Brenner believes that it's fine to have a septic system
next to Dakota Creek or Drayton Harbor.
Brenner stated it is fine if it's in good working condition.
Whatcom County Council, 9/28/2010, Page 9
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Nelson stated take advantage of the opportunity to get small plats into urban areas
and on sewer and water service to protect water quality. The citizens approved of the hook
ups. They recognize the need. However, some residents don't want to hook up. He
understands that. It's a choice they'll have to make.
The motion to amend failed by the following vote:
Ayes: Mann and Brenner (2)
Nays: Nelson, Crawford, Weimer and Kershner (4)
Absent: Knutzen (1) (out of the room)
The motion to forward carried by the following vote:
Ayes: Nelson, Crawford, Knutzen and Kershner (4)
Nays: Brenner, Mann and Weimer (3)
6. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2011 (AB2010 -330) (8:09:13 PM)
Nelson moved to approve the resolution.
Brenner moved to amend to either first and third or second and fourth Tuesday of
each month. It's very difficult for the public to keep track of when the meetings are
scheduled. She gets calls all the time. It's difficult for people to remember what days the
Council meetings are when they're on a list. Every other jurisdiction meets the first and
third, second and fourth, or weekly.
Crawford stated the schedule complies with the Whatcom County Charter, which
specifies that the Council must meet a certain number of times per year. The Clerk of the
Council considers many factors, including holidays and the August and December breaks to
work out a meeting schedule that meets the needs of the Charter. It's challenging to simply
specify the first and third or second and fourth. It wouldn't be impossible, but will create a
number of scheduling conflicts.
Brenner stated they used to meet every week. Then the Council decided to stop
meeting every week. The Council has much more work than it had when it met weekly.
The Council should meet every week. If they don't, they should make the schedule public -
friendly. This schedule is not public - friendly.
The motion failed by the following vote:
Ayes: Mann and Brenner (2)
Nays: Nelson, Crawford, Weimer, Knutzen and Kershner (5)
Brenner moved to meet every week except during holidays and election day.
Pete Kremen, County Executive, stated he would like to know the fiscal impact of
that motion.
Brenner stated the Executive wasn't implying that they should cut back on what is
necessary to do their job. They are not getting caught up on anything. They're getting
further and further behind, which creates problems for staff and the public. She doesn't
mind adding funding for that, and cutting funding somewhere else.
Whatcom County Council, 9/28/2010, Page 10
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The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
INTRODUCTION ITEMS (8:15:29 PM)
Weimer moved to accept Introduction Items one, two, and four through ten.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING THE EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE
(REVISED VERSION) (AB2010 -289)
2. ORDINANCE INCREASING THE AMOUNT OF LOCAL EXCISE TAX IMPOSED ON
THE USE OF SWITCHED ACCESS LINES, RADIO ACCESS LINES, AND
INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICE LINES FOR
ENHANCED 911 SERVICES (AB2010 -326A)
3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN,
URBAN GROWTH DESIGNATION AND COMPREHENSIVE PLAN AND ZONING
MAP DESIGNATIONS FOR PROPERTY IN THE YEW STREET RESERVE URBAN
GROWTH AREA (AB2010 -054E)
Kershner moved to accept the Introduction Item.
Weimer stated he is against the motion. Former Councilmember McShane brought
up good points this evening. The County comprehensive planning is not very
comprehensive. They are doing it piecemeal, one at a time, using the excuse that it's
settlement. They don't have a good legal opinion that they can do this under settlement.
They haven't seen any legal opinion that gives precedence for moving forward with these
one at a time, out of the comprehensive review. They've ignored the public involvement
plan on this whole Comprehensive Plan issue. The City of Bellingham is clearly saying it
isn't able to serve this area at this point. The 2011 update is coming up in less than six
months. There's no hurry.
Kershner stated this is an ordinance introduced as part of the settlement. The public
record on all the public input over the past two years is in the record and can be accessed.
It is in the City's Comprehensive Plan. There is no issue with introducing this ordinance as
part of the settlement process.
Brenner stated she doesn't support forcing any jurisdiction to take an area that it
isn't interested in taking. The area is in the City Comprehensive Plan a while back. When
the County made these changes, the City agreed to it.
Kershner stated she will find out from the City what it's position is.
Whatcom County Council, 9/28/2010, Page 11
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Crawford stated he will support the motion. He's not very familiar with the details.
They will find them out in the next two weeks. This settlement process is awkward. There
is no roadmap for how settlements are supposed to occur when there are many petitioners
of an urban growth area (UGA). He understands the concerns. They've had much public
process that led to the decision that has now led to these petitions. They are within their
legal remedies to get the County through this.
Knutzen asked if this will be reviewed in 2011, given the extensions that have been
filed.
Karen Frakes, Prosecutor's Office, stated they anticipate to have the 2011 review. It
depends, in part, on the information the City provides.
Crawford stated the City and County Planning Departments are in the same fix. The
Mayor and County Executive committed in the past to do a 2011 update. The reality is that
County government is shrinking in some areas. Some of that reduction of services includes
planning efforts to try and comply with a that update. Enough other jurisdictions, including
State associations, go to the legislature to extend the deadline to 2014. When that
occurred, Whatcom County still had the confidence it could do the review by the end of
2011. However, they've had serious reductions in the Planning Department. Getting all
these done may be challenging.
Sam Ryan, Planning and Development Services Department Director, stated the
administration has had that discussion. Their goal is to complete what they can in 2011.
They won't be able to get everything done. They will do what they can with the staff they
have.
Mann asked if the County doesn't have to make a formal request for an extension.
He asked if the deadline was extended for everyone. Ryan stated that's correct. The
County staff has a work program. Hopefully within the next month, the staff and Council
will be able to work on the work program.
Frakes stated the City of Bellingham is in a position different from other jurisdictions.
The County Council made a specific request of the City to tell the County where 4,000
people would go in the city. The City has a response to provide in 2011. That is separate
from the 2014 extension. The indications from the City of Bellingham is that it is working
on that response, and will bring forward that response at some time.
Knutzen stated there was confusion. He asked if the projection with 4,000 additional
residents is with Yew Street in or out of the UGA. It was shown that the number is an error.
Even though they took Yew Street out of the UGA, they left those numbers in. Frakes
stated the error that was made may not impact that number.
Crawford stated it is an issue of where they are going to put 4,000 people, whether
or not Yew Street or any area is in the UGA. The primary question is where 4,000 people
will go.
Knutzen stated the current population numbers show Yew Street in the UGA, but it's
no longer in the UGA.
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Brenner stated there is a difference of opinion with those numbers. That was the
reason the County put it on hold and asked the City to come forward in 2011 and provide
what they think it should be. She's not sure why they need to do this tonight.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Knutzen and Kershner (4)
Nays: Brenner, Mann and Weimer (3)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICTS (AB2010 -342)
S. ORDINANCE ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
OFFICIAL ZONING ORDINANCE AND MAPS (AB2010 -343)
6. 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 (AB2010 -116E)
7. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL
(AB2010 -143A)
8. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02, BOARDS AND
COMMISSIONS (AB2010 -143B)
9. RESOLUTION AMENDING WHATCOM COUNTY CODE SECTIONS 100.02,
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, AND 100.06,
SUBZONE ADVISORY COMMITTEES (AB2010 -143C)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
10. ORDINANCE AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL
OBLIGATION AND REFUNDING BONDS, 2010A, IN THE AMOUNT OF
$4,355,000 AND LIMITED TAX GENERAL OBLIGATION BONDS, 2010B,
(TAXABLE RECOVER ZONE ECONOMIC DEVELOPMENT BONDS — DIRECT
PAYMENT) IN THE AMOUNT OF $1,825,000 (AB2010 -344)
OTHER BUSINESS
Mann stated he would schedule a discussion of the budget priorities in the Finance
Committee.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8 :28 :06 PM)
Crawford stated there was an article in the Herald regarding animal control services.
The first quote from him wasn't the best quote. It was done over a number of lengthy
discussions with the reporter. The administration is looking to find efficiencies. The
administration is working with the Humane Society. They will find a resolution. He would
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like to see the Humane Society continue to be the County's animal control provider. The
second half of his quotes didn't get into the article. Productive discussions are happening.
Nelson stated everyone should get their flu shots.
ADJOURN
The meeting adjourned at 8:31 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 9/28/2010, Page 14