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WHATCOM COUNTY COUNCIL
Regular County Council
April 14, 2009
Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Bob Kelly
Sam Crawford
Carl Weimer
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Fleetwood reported for the Committee of the Whole Meeting and the following items
were discussed in executive session:
1. Strategy planning discussion and positions to be taken regarding Deputy Sheriff's
Guild collective bargaining (AB2009 -055)
2. Consideration of appeal of Hearing Examiner's decision on APL2008 -0023 filed by
Philip Buri, on behalf of the City of Bellingham, regarding sewer service to North
Shore Estates (AB2009 -100)
Crawford moved to uphold the Hearing Examiner.
Motion carried 7 -0.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent Items.
Motion carried 7 -0.
1. SPECIAL JOINT COUNTY COUNCIL/ PLANNING COMMISSION FOR FEBRUARY
17, 2009
2. COMMITTEE OF THE WHOLE FOR FEBRUARY 24, 2009
3. REGULAR COUNTY COUNCIL FOR FEBRUARY 24, 2009
4. COMMITTEE OF THE WHOLE FOR MARCH 17, 2009
Whatcom County Council, 4/14/2009, Page 1
OPEN SESSION
Rollin Harper, 1320 Lincoln Street, Bellingham, stated the Council should only
consider the proposal to plan for extremely low growth, resulting in a population of 234,000
in 2031, .if it is brought forward with a solid, well- reasoned basis and is supported by third
party professional analysis. People come to this county for a variety of reasons. To affect
practical, real -life population growth, County officials really aren't going to take measures
such as closing the ski area, making job opportunities less attractive, or raise taxes too
much. They don't really have many options at the macro - level. However, they can work on
the distribution of the population in the county. They need to see specific policies, and have
those policies analyzed for specific impacts. Decide what analysis of these proposals the
County Council is willing to pay for.
Jan Eskola, Glacier Chamber of Commerce, stated funds collected for the lodging tax
fund come predominantly from the hotel by the airport and from Glacier. Glacier has 590
beds. No funds are gotten from the cities. She requests approval of the application for
lodging tax funds in the amount of $35,180.00, pursuant to Revised Code of Washington
(RCW) 67.28.181(7).
Michael Gleeson, 4761 Mosquito Lake Road, Deming, stated the County should
require its contractors to use the federal e- verify system as part of the contract agreement.
Federal stimulus money will come to the County, mostly for construction activities. Studies
show that construction work forces comprise of many workers who don't have authorization
to work in the United States. Given the unemployment rate in the county, the Council must
take reasonable actions to prevent illegal workers. Many unauthorized workers send their
money to another country to support people in their home countries. He doesn't want to
use his money to stimulate another country's economy. The use of e- verify in Arizona and
Oklahoma has reduced the number of illegal workers and illegal aliens living in the state.
Reducing illegal immigration will lower schooling, social services, and incarceration costs to
states. State representatives have implied that farming in Whatcom County can't be
profitable unless illegal workers are used..
Bob Wiesen, 3314 Douglas Road, Ferndale, stated County planning has turned into a
bad joke. Bellingham has a shortage of buildable land, according to Pat Jones' study several
years ago. Now they are going to redo the study again. He asked when they're going to
come to the process so people can plan for what needs to be done in the future.
George Leonard, 247 Van Wyck Road, stated the County is treating him and his
neighbors horribly. They are trying to annex into the city, and have gone through all the
hoops. Please allow them to move on.
Bruce Della, citizen, stated he is skeptical about a presentation about Lyme disease
put on in Bellingham two months ago. Has been denied treatment with IV antibiotics that
will help him recover from Lyme disease in eight different states. People in the presentation
who said that anyone could get treatment were lying. He's not getting any help here. A
neurologist today wouldn't treat him because he wouldn't sign paperwork with false
statements. He had hoped for help, but isn't getting any here. He asked why he isn't
getting help. They are taking $100 per month for Medicaid out of his welfare. The low
income clinic referred him to the neurologist, and he was billed $70 for the visit. Also, the
emergency room bills charge interest.
Whatcom County Council, 4/14/2009, Page 2
Syndey Paxma, 6109 Shelby Court, Ferndale, stated he thanked the Council on
behalf of Western Washington University's Journalism Department students for all the
interviews.
PUBLIC HEARINGS
5. ORDINANCE ADOPTING THE WHATCOM COUNTY LUMMI ISLAND SUBAREA
PLAN (AB2009 -088A)
Caskey- Schreiber asked about holding this for two weeks and making substantial
amendments.
Fleetwood opened the hearing.
Sheila Marshall, West Shore Drive, Lummi Island, submitted and read from her
testimony (on file), which included errors and suggestions for changes in the plan.
Polly Hanson, West Shore Drive, Lummi Island, stated water is the most crucial
element for them all. They must be more guarded about the water supply. Consider the
island as an entire system. Keep down the number of people who live on the island and
need to use water. They can limit other uses. Guard the water that falls onto Lummi
Island. Have proper ditches that funnel water into a clean area that isn't dumped into the
saltwater.
Darlyn Delboca, Ferndale, stated she owns property on Lummi Island. She
previously submitted proposed amendments (on file), relating mostly water and agricultural
resource land protection. Now, Lummi Island is beyond its agricultural and water carrying
capacity.
Crawford asked if 940 acres of agricultural protection overlay (APO) soils are on
Lummi Island. Delboca stated the APO doesn't apply. During the Planning Committee
process, she tried to get this information from the consultant and Planning Department.
The 940 acres is on page 32 of the plan, which shows the map from the Soil Conservation
Service and the county soil survey. She described the map.
Roland Middleton, Public Works Department, stated he believes those acres are true
APO soils, but he would have to check how the current APO regulations apply to the RRI
zone.
Delboca stated she's encouraged to hear the Council talk about preserving resource
lands in the county. Extend that to Lummi Island.
Wynne Lee, 2171 Tuttle Lane, Lummi Island, submitted and read from her testimony
(on file), which includes suggestions for changes to the plan.
Susan Kilgore, 2877 North Nugent Road, Lummi Island, stated her condo has 22
units in a very spacious area. Others have water rights and use their well and water. They
have two rental properties that were given water rights. Two or three times per year, the
rental properties have used up to 17,000 gallons of water in a week. In a summer with low
water, that can threaten their well. The plan isn't specific about providing recourse for
water abuse.
Whatcom County Council, 4/14/2009, Page 3
Tamara Hall, resident, stated her family has owned property on the island since the
1940's. She is concerned about trespassing and public access items. Now, under the Open
Space /Forestry designation, there is provision for public access. There is beach access by
The Willows. The County also has a State park and land by the ferry dock. The County
already has quite a bit of land on Lummi Island for public access. The County is asking the
private property owners to absorb the costs, litigation, and hassle of unexpected and
unwelcome public access across private land. If the public wants public land, then the
County can buy it. Remove the trespassing item from the plan.
Bill Quehrn, Building Industry Association of Whatcom County Executive Officer,
submitted and read from his testimony (on file), which includes suggestions for plan
amendments regarding permit allocation. Remove language about permit metering from
the plan.
Mary Dickinson, Lummi Island, stated she is a fourth generation Lummi Island
property owner.
(Clerk's Note: End of tape one, side A.)
Dickinson continued to state that increased demand for public access to shorelines
and wilderness can result in increased trespass on private property. The community must
work toward some form of public trail system or find workable ways to retain significant
amounts of open space. Otherwise, there will be increased trespass and privacy concerns.
Trespassing has already occurred on her property. Her elderly neighbors are constantly
harassed by trespassers. The subarea plan will become part of the Comprehensive Plan.
Don't encourage criminality. Remove the trespass language.
David Dickinson, 4100 Legoe Bay Road, Lummi Island, referenced the top of plan
page 50 regarding the flood areas and Federal Emergency Management Agency (FEMA).
The term FEMA has specific and nasty connotations. A neighbor had to prove his property
wasn't in the FEMA flood plain. Required FEMA flood insurance is very expensive. That area
hasn't ever flooded. Remove the flood language.
Jim Dickinson, Lummi Island Land Company President, stated he is one of the only
landowners on Lummi Island who did inverse development. The water study said Lummi
has enough water for a density of one house per one acre. Therefore, the downzone from
three acres to five acres is applicable. It affects 67 properties. Existing three -acre
properties should be vested. If downzoned, they will become nonconforming, subject to
public hearing. Land owners will have to pay large amounts of money. He referenced the
walking trails on Lummi Mountain on plan page 57. Remove that language. He is the major
private landowner on Lummi Island. They log the area and have heavy equipment up there.
This last year, there were two wild land fires set by trespassers. The language in the plan
will encourage trespassing. Potential losses by wildfires from trespassers would be
horrendous. The island isn't capable of taking care of this. It must be done by the State
Department of Natural Resources (DNR), which may not be able to take care of a fire on
Lummi Island for a week. Language about trespassers on plan page 90 should be clarified
and removed also.
Fleetwood stated the public should submit written comments before a Council work
session.
Brenner asked if the language was deleted from the Parks and Recreation Plan. Jim
Dickinson stated it was. There is public property on Lummi Mountain, but it is designated as
Whatcom County Council, 4/14/2009, Page 4
a resource conservation area, with no money for enforcement, and a wildlife area, where
the State doesn't allow the public.
Hearing no one else, Fleetwood closed the public hearing.
Caskey- Schreiber moved to hold in committee. She's glad to see .the Lummi
Island residents turn out tonight. However, there were three opportunities in committee to
talk, and no one showed up. The Council would much rather have community input at the
committee level. She is happy to delay this item.
Middleton stated he has already made change to the plan as a result of comments
from Sheila Marshall. Other comments were brought forward to the Planning Commission,
which decided to not make those changes. Much of that information isn't new, but is new to
the County Council.
Brenner asked if the Planning Commission discussed the trespass language
referenced by the Dickinson family. Middleton stated he doesn't recall. The original authors
of this plan no longer work for the County. The Council wily have to remove the language
about Lummi Mountain in committee. That will take time. The language regarding trails
has been removed from the Parks Plan.
Caskey- Schreiber stated the Planning Committee will have a work session on this
item. She withdrew her motion to table.
Crawford stated certain harsh language referenced during the public hearing can be
softened. The committee should take a look at the permit metering issue.
Caskey- Schreiber moved to have a Committee of the Whole meeting on this item
on April 21 from 9:00 a.m. to 11:00 a.m., before the surface water work session. Any
changes can be made at that time, and an amended copy can be included in the Council
packet for a introduction on April 28 and a public hearing on May 12, in time for the
concurrency review vote.
Brenner stated one hour isn't enough time to discuss this item.
Motion carried 5 -2 with Crawford and Keiiy opposed.
1. RESOLUTION APPROVING MODIFICATIONS TO THE 2008 WHATCOM
COUNTY COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE PLAN
(AB2009 -184)
Fleetwood opened the public hearing.
Mary Dickinson, citizen, stated she thanks Parks and Recreation Department Director
Mike McFarlane for his hard work and the County Council for approving their amendments to
the plan. She supports the plan.
David Dickinson, 4100 Legoe Bay Road, Lummi Island, stated he approves the
decision to remove language regarding a trail system on Lummi Mountain. According to the
State Department of Natural Resources (DNR), Lummi Mountain is the most explosive fuel
load west of the Cascades. They are afraid of someone lighting a fire in the area. Their
only plan for a response is to build a fire line at the bottom of the mountain. When the
trees fall, the wood doesn't rot as quickly as normal.
Whatcom County Council, 4/14/2009, Page 5
Hearing no one else, Fleetwood closed the public hearing.
Brenner moved approval of the resolution.
Motion carried 7 -0.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.170 TO CLARIFY
PROCEDURES FOR THE "MINI- INITIATIVE ", AND WHATCOM COUNTY CODE
1.08.090, "PETITION - REQUIRED NUMBER OF SIGNATURES ", TO AMEND
THE LANGUAGE SO THAT EACH CONFORMS TO LANGUAGE USED IN THE
WHATCOM COUNTY CHARTER (AB2009 -185)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Nelson moved to adopt the ordinance.
Shirley Forslof, Auditor, stated a previous Charter amendment was based on 15
percent of the number of voters voting in the last general election. The Code still references
the last gubernatorial election. This ordinance makes the County Code the same as the
County Charter. She explained the mini - initiative process.
Motion carried 7 -0.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE .21, LAND
DIVISION REGULATIONS, REGARDING GENERAL PROVISIONS, EXEMPT
LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT
SUBDIVISIONS, PRELIMINARY LONG SUBDIVISIONS, FINAL LONG
SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS (AB2009-
177)
Fleetwood opened the public hearing.
Mary Dickinson, Building Industry Association of Whatcom County Governmental
Affairs Director, submitted and read from her testimony (on file) regarding a boundary line
issue. Hold this item in committee.
Hearing no one else, Fleetwood closed the public hearing.
Crawford stated he has suggestions for amendments. He would like to work with
staff.
David Stalheim, Planning and Development Services Department Director, stated
holding this item for two weeks would allow time to work on amendments.
Brenner stated she also has ideas for amendments that she will send to Director
Stalheim. It seems like this language is a little different from what is in place right now.
She thought that it's okay as long as they don't create any additional nonconforming lots
with a boundary line adjustment. Now the language says they can't create either lot
becoming more nonconforming in size. She asked if that is new language. Stalheim stated
it is existing standard practice and consistent with Hearing Examiner rulings. This question
has to do with the next public hearing item on the agenda, which he also recommends
referring to committee.
Whatcom County Council, 4/14/2009, Page 6
Kelly moved to refer to the Planning and Development Committee for a short work
session in two weeks.
Motion carried 7 -0.
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83.110 TO INCLUDE
LANGUAGE REGARDING "REDUCTION OF AREA" IN THE NON - CONFORMING
USE CHAPTER (AB2009 -179)
Fleetwood opened the public hearing and, hearing no one, closed the hearing.
Brenner asked if two nonconforming lots couldn't have a boundary line adjustment.
David Stalheim, Planning and Development Services Director, stated there can be ,a
boundary line adjustment. The County requires an equal trade, so the nonconformity of
neither lot is increased.
Brenner moved to refer to committee.
Motion carried 6 -1 with Caskey- Schreiber opposed.
CONSENT AGENDA
Crawford reported for the Finance Committee and moved to approve Consent
Agenda items one through five, seven, nine, and ten.
Motion carried 7 -0.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND JIM SNYDAR FOR A FARM
LEASE OF 80 ACRES AT HOVANDER HOMESTEAD PARK, IN THE AMOUNT OF
$3,000 (AB2009 -191) '
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND JEFF RAINEY, COLDSTREAM
FARM, LLC FOR APPROXIMATELY 64 ACRES OF LAND KNOWN AS -EAST
ACME FARM" IN THE AMOUNT OF $6,400 (AB2009 -192)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE
RENEWAL AND EXTENSION OF THE USE OF PREMISES AGREEMENT
BETWEEN WHATCOM COUNTY AND THE LUMMI COMMERCIAL COMPANY FOR
A FERRY VEHICULAR TRAFFIC PARKING AREA, IN THE AMOUNT OF
$50,975.09 (AB2009 -193)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
RENEWAL OF THE CONTRACT BETWEEN WHATCOM COUNTY AND DFM
ASSOCIATES FOR PROFESSIONAL SERVICES ANNUAL MAINTENANCE FEE
FOR THE ELECTION MANAGEMENT SYSTEM, IN THE AMOUNT OF $48,000
(AB2009 -194)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
Whatcom County Council, 4/14/2009, Page 7
NORTHWEST HYDRAULIC CONSULTANTS, INC. FOR SCOUR EVALUATION AT
VARIOUS COUNTY BRIDGES, IN THE AMOUNT OF $18,862 (AB2009 -195)
6. REQUEST AUTHORIZATION FROM THE COUNTY COUNCIL AND THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS FOR PUBLIC WORKS RIVER & FLOOD DIVISION TO AWARD
BID #09 -28 FOR ON -CALL CONTRACTOR/ EQUIPMENT FOR PUBLIC WORKS
PROJECTS, IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2009 -196)
Crawford moved to approve the request as the Whatcom County Council.
Motion carried 7 -0.
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Crawford moved to approve this item and Consent Agenda item eight as the
Whatcom County Flood Control Zone District Board of Supervisors.
Motion carried 7 -0.
7. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD BID #09 -29 FOR ON-
CALL RENTAL EQUIPMENT FOR PROJECTS FOR PUBLIC WORKS AND OTHER
DEPARTMENTS, IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2009 -197)
8. REQUESTS AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDED CONTRACT WITH WILSON ENGINEERING FOR THE ACME EARLY
CHINOOK RESTORATION PROJECT, IN THE AMENDED AMOUNT OF $33,000,
FOR A TOTAL CONTRACT OF $159,000 (AB2009 -198)
(Clerk's Note: See Consent Agenda item six for approval of this item.)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE CONTRACT BETWEEN WHATCOM COUNTY AND
SUSTAINABLE CONNECTIONS TO INCLUDE ADDITIONAL WORK ON THE
ZERO WASTE INITIATIVE EFFORT, IN THE AMENDED AMOUNT OF $30,000,
FOR A TOTAL CONTRACT OF $50,000 (AB2009 -199)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPLY FOR A
DEPARTMENT OF ECOLOGY COASTAL PROTECTION — WATER QUALITY
GRANT ON BEHALF OF THE WHATCOM LAND TRUST FOR THE ACQUISITION
OF FIVE ACRES OF WETLANDS ON THE SAMISH RIVER IN THE AMOUNT OF
$21,000 (AB2009 -200)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ADD SECTION
20.04.075 TO ADDRESS BOUNDARY MAPS FOR THE REGULATED
WATERSHEDS OF WHATCOM COUNTY (AB2009 -163)
Whatcom County Council, 4/14/2009, Page 8
1 Weimer reported for the Natural Resources Committee and moved to adopt the
2 ordinance.
3
4 Brenner stated that if a citizen brings in LIDAR maps of their property, which is in a
5 questioned area, the County staff will consider those maps rather than requiring the citizen
6 to get a hydrologist report.
7
8 Wayne Harrison, Planning and Development Services Department, stated the
9 presentation of LIDAR maps would be worthy of consideration in the decision - making
10 process.
11
12 Crawford stated the LIDAR maps belong to the County, which will continue to use
13 that information to determine watershed boundaries. He will support this item because the
14 only alternative to this policy is to include an area beyond the watershed boundary, which
15 isn't acceptable. Instead, this is a compromise. It does allow some administrative leeway,
16 which could be concerning if the administration takes too much regulatory authority.
17 However, the option is much stricter because these maps are somewhat inaccurate. The
18 County doesn't have the resources to do topographic and hydrologic study for every
19 watershed boundary. This is a lesser of two evils.
20
21 Motion carried 7 -0.
22
23 2. ORDINANCE REPEALING ORDINANCE 98 -075, AMENDMENTS TO THE FLOOD
24 CONTROL MAINTENANCE PROGRAM (AB2009 -161)
25
26 Weimer reported for the Natural Resources Committee and moved to adopt the
27 ordinance.
28
29 Motion carried 7 -0.
30
31 3. RESOLUTION AMENDING THE RULES GOVERNING MEMBERSHIP,
32 VACANCIES, AND MEETINGS OF THE FLOOD CONTROL ZONE DISTRICT
33 ADVISORY COMMITTEE AND RECODIFYING THEM FROM WHATCOM COUNTY
34 CODE 2.92 TO WHATCOM COUNTY CODE TITLE 100, FLOOD CONTROL ZONE
35 DISTRICT (AB2009 -186)
36
37 (Clerk's. Note: Council acting as the Whatcom County Flood Control Zone District
38 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
39 of the meeting.)
40
41 Weimer reported for the Natural Resources Committee and moved to approve the
42 substitute resolution.
43
44 Brenner moved to amend 100.02.040(C), "...or a geographic area sheuld shall
45 serve more than...."
46
47 Motion to amend carried 7 -0.
48
49 Motion to approve as amended carried 7 -0.
50
51 4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL
52 AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
53 CONSERVATION DISTRICT TO IMPLEMENT A PILOT SMALL FARM COST-
Whatcom County Council, 4/14/2009, Page 9
1 SHARE PROJECT IN THE DRAYTON HARBOR SHELLFISH PROTECTION
2 DISTRICT IN THE AMOUNT OF $50,000 (AB2009 -190)
3
4 Crawford reported for the Finance and Administrative Services Committee and
5 moved to approve the request.
6
7 Motion carried 7 -0.
8
9 5. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.78, SOLID WASTE
10 ADVISORY COMMITTEE (AB2008 -343)
11
12 (Clerk's Note: End of tape one, side 8.)
13
14 Brenner reported for the Public Works and Safety Committee and moved to adopt
15 the ordinance.
16
17 Motion carried 7 -0.
18
19 6. ORDINANCE AMENDING THE SETBACK REQUIREMENTS OF WHATCOM
20 COUNTY CODE, TITLE 20, TO REORGANIZE AND RELOCATE SETBACK
21 STANDARDS FOR CLARITY OF THE REQUIREMENTS OF EACH ZONE (AB2009-
22 175)
23
24 Caskey- Schreiber reported for the Planning and Development Committee and
25 moved to adopt the ordinance.
26
27 Crawford stated he will support the ordinance because it does not increase any
28 setbacks.
29
30 Motion carried 7 -0.
31
32 7. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO ADOPT
33 REGULATIONS WITHIN THE URMX ZONE, MODIFY DEVELOPMENT
34 POTENTIAL WITHOUT PUBLIC WATER AND SEWER SERVICE, AND AMEND
35 THE CLUSTER SUBDIVISION REQUIREMENTS IN THE UR, URM, AND URMX
36 ZONES (AB2009 -176)
37
38 Caskey- Schreiber reported for the Planning and Development Committee and
39 moved to adopt the ordinance.
40
41 Motion carried 7 -0.
42
43 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
44 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
45 COUNTY AND THE CITY OF BELLINGHAM FOR THE PURPOSE OF
46 ANNEXATION OF APPROXIMATELY 20 ACRES - THE CORDATA PARK
47 ANNEXATION (AB2009 -203)
48
49 Caskey- Schreiber reported for the Planning and Development Committee and
50 moved to hold in committee for two weeks.
51
52 Motion carried 7 -0.
53
Whatcom County Council, 4/14/2009, Page 10
OTHER BUSINESS
DISCUSSION REGARDING THE PROPOSED ANNEXATION OF THE VAN WYCK /JAMES
ST. AND QUEEN MOUNTAIN AREAS OF THE BELLINGHAM URBAN GROWTH AREA
(AB2009 -202)
Caskey- Schreiber reported for the Planning and Development Services Committee
and moved to invoke jurisdiction.
Crawford stated Executive Kremen may also invoke jurisdiction. If the County does
not invoke jurisdiction, it must have a future population projection for the City of Bellingham
that makes sense for the annexations as they go into the 2029 and 2031 process. That
may involve some kicking and screaming on the part of the City, although their
councilmembers are cognizant that this was more of a statement than a real number. City
Council Member Weiss even said the City would change it if the County did something about
rural density. The City isn't using the appropriate time or tool to do this, but at the same
time, there is a solution that is relatively simple. Don't invoke jurisdiction on these matters.
Brenner stated she doesn't support the motion. She disagrees that it would create
any problems for the County Planning Department. This is an annexation that has already
come forward. Move forward in good faith. It's not something they should deal with.
Caskey- Schreiber stated the County Council always criticizes the City for holding up
the purchase of development rights (PDR) and transfer of development rights (TDR)
programs. This is one way the County can make that happen. They have the right
motivation and intention, but they're very inexperienced.
Motion failed 1 -6 with Kelly in favor.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Motion carried 7 -0.
1. RESOLUTION IN THE MATTER OF VACATING A PORTION OF SAXON ROAD
(AB2009 -128) (HEARING TO BE SCHEDULED)
2. RESOLUTION VACATING A PORTION OF GRANDVIEW ROAD (AB2009 -093A)
(HEARING TO BE SCHEDULED)
3. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON BIRCH BAY
AND HARBORVIEW DRIVES (AB2009 -201) (HEARING TO BE SCHEDULED)
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN TO
ADD THE NECESSARY REFERENCES TO RECOGNIZE THE SIGNIFICANCE OF
LAKE WHATCOM AS A DRINKING WATER SOURCE, THE STATE LISTING OF
LAKE WHATCOM AS AN IMPAIRED WATERBODY, AND THE ROLE OF
FORESTRY IN THE LAKE WHATCOM WATERSHED (AB2009 -204)
Whatcom County Council, 4/14/2009, Page 11
1 5. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
2 REMOVING THE "PROVISIONAL URBAN GROWTH AREA" DESIGNATION
3 FROM SUDDEN VALLEY (AB2009 -205)
4
5 6. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO AMEND
6 THE BELLINGHAM URBAN FRINGE SUBAREA PLAN (AB2009 -206)
7
8 7. RESOLUTION AMENDING THE 2009 WHATCOM COUNTY FLOOD CONTROL
9 ZONE DISTRICT BUDGET, THIRD REQUEST, IN THE AMOUNT OF $1,386,980
10 (AB2009 -207)
11
12 S. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, FOURTH
13 REQUEST, IN THE AMOUNT OF $1,140,000 (AB2009 -208)
14
15 9. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.06, SOLID WASTE
16 RULES AND REGULATIONS - STANDARDS AND PERMITS, TO ALLOW
17 RETRACTABLE SHARPS WASTE TO BE DISPOSED AS SOLID WASTE IN THE
18 MUNICIPAL SOLID WASTE STREAM (AB2009 -189) (COUNCIL ACTING AS
19 THE HEALTH BOARD)
20
21 10. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.16.110, REMOVING
22 SPECIFIC REFERENCE TO RCW 36.67 (AB2009 -187)
23
24
25 OTHER BUSINESS
26
27 There was no other business.
28
29 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
30
31 There were no reports or other items.
32
33
34 ADJOURN
35
36 The meeting adjourned at 8:51 p.m.
37
38
39
40 )ill Nixon, Minutes Transcription
42 �%` \h�voe�ifi �pfoved these minutes on May 12 , 2009.
43
44 i�Tf .l°z� `N HATC0 C) WHATCOM COUNTY COUNCIL
45 U: O COUNTY I, ��. WHATCOM COUNTY, WASHINGTON
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50 Day, Bronx awl Codicil Clerk Se Fleetw d, Council Chair
Whatcom County Council, 4/14/2009, Page 12