HomeMy WebLinkAboutCouncil January 13 2009WHATCOM COUNTY COUNCIL
Regular County Council
January 13, 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: Absent:
Barbara Brenner None
Bob Kelly
Sam Crawford
Seth Fleetwood
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Nelson thanked previous Council Chair Carl Weimer for his work last year and
congratulated Councilmember Fleetwood for his appointment as this year's Chair.
Fleetwood announced that the Committee of the Whole discussed three items:
• Annual reorganization of the Whatcom County Council (AB2009 -021)
• Strategy planning discussion and positions to be taken regarding Deputy
Sheriff's Guild collective bargaining (AB2009 -055)
• Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation (AB2009 -018)
MINUTES CONSENT
Nelson moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2008
2. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 25, 2008
3. COMMITTEE OF THE WHOLE FOR NOVEMBER 25, 2008
4. COMMITTEE OF THE WHOLE FOR DECEMBER 9, 2008
OPEN SESSION
The following people spoke:
Whatcom County Council, 1/13/2009, Page 1
Reverend Arlene Ferguson, 5606 First Avenue, Ferndale, stated she works with
rescue animals. It is not the government's business to tell people how many animals they
can have. To impose a fee on rescue groups would be a hardship. They don't need more
laws. They need more education. Also, children are born with debt. Children know that,
and they don't have an incentive to become a productive member of society. Government
should be careful about where and how much money they spend.
Johnnie Grames, citizen, stated he thanks the Chair for being very courteous. That
is a good model to follow. One of the reasons he comes to testify is that he hopes other
people will follow him. They are a republic. President Bush rationalizes what they stand
for, which brings to mind language in the First Amendment. In the Bill of Rights it says
Congress shall pass no laws, although lawyers try and trivialize it by saying they can't yell
fire in the theater, if that's a big deal, as far as the First Amendment is concerned. There's
a reason why it doesn't say the other two branches of government. It doesn't say that
government can't abridge freedom of speech and so on, because the other two branches
are not supposed to make laws. That isn't well- appreciated. The last administration
doesn't appreciate that. That's a reason the Executive and Judges make so much money.
There is so much power concentrated in there.
The Law and Justice Council meeting is tomorrow. They represent taxation without
representation if the Council doesn't put their budget through the budget procedure or go
through the Council.
He tries to follow the rules here. He takes exception to the way he is characterized.
After he testified, Schreiber twisted his testimony after he left. He hasn't been able to
correct it. He's tried to correct it, and they put all these "ah's." Excuse him for going over,
so what he does is he doesn't come the next time.
Bruce Deile, citizen, stated he is homeless in Bellingham. Motels require a credit
card to rent a room. He has had no response from the County. The City won't get
involved. The Attorney General provided a link that states there is no federal mandate that
requires a certain type of currency for lodging. The State may prohibit that. The City and
the County Council could prohibit motels from requiring a credit card. The Bellingham
Herald would not publish his letter. This issue is worth public scrutiny. It was very
disheartening. He doubts the process for poor people to participate in democracy. The
media should give power to poor people's voices.
Joel Murphy, 2704 Brown Road, Ferndale, submitted and read from an email he sent
to the councilmembers earlier (on file) opposing the proposed animal control ordinance.
Mary Dickinson, Building Industry Association Governmental Affairs Director, stated
she volunteers to write Title 21 clarifying language for the ordinance amending 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 (AB2008- 404A). She will be happy
to provide that clarifying language and work with all.
Greg Johnson, 7184 Enterprise Rd, Ferndale, stated he was surprised about the
proposed ordinance amending Whatcom County Code Section 6.04, Animal Control,
including the addition of new kennel licenses (AB2008 -410). He has a kennel and a kennel
license. He would appreciate a notice of intent to change kennel regulations. He is not
opposed to the inspection regulations. Consult with kennel owners before they change a
regulation.
Whatcom County Council, 1/13/2009, Page 2
Bob Wiesen, 3314 Douglas Road, Ferndale, stated delay changes to Title 21 until
more work can be done to clarify language.
Valerie Sabado, 8814 Giles Road, #16, Blaine, stated she opposes the new kennel
license ordinance. It's not necessary, and is an invasion of privacy. It takes money away
that is needed for the care of the pets. Instead, target the people who cause the problems.
Instead, require heavy licenses of those people who don't spay or neuter their animals, or
require neutering. Give people a financial incentive to get their animals fixed. They don't
need new regulations, just to expand existing dog licensing rules.
Vivian Vaniderstine, 8814 Giles Road, #18, stated she has more than four animals.
She takes good care of them. A fee of $200 per year would eliminate her ability to take
her cats to their veterinarian wellness visits, which costs $210. The people who are
causing the problems don't get their animals licensed. The regulation is intrusive to those
who are responsible.
Robert Diehl, 2543 Tapp Road, Lummi Island, stated he wants to exchange his old
Lummi Island ferry pass with a new pass. The $120 he paid for the old pass should go to a
new $160 pass.
Frank Abart, Public Works Department Director, stated the ordinance had a deadline
for exchanging passes. The deadline has passed, and the ordinance won't allow him to
exchange the pass.
Jason Reimer, Blaine, stated he is disappointed by the animal proposed animal
control ordinance. It's a waste of County time and resources. Animal rights organizations
have a battle plan to eliminate the ownership of all animals. There are problems with the
Humane Society. He hesitates to renew his kennel license because that money funds many
things up to the national level.
He will not comply with the septic permit requirements. According to the Attorney
General, it is an illegal search of his property. The small farm plan program is based on
junk science. The science supporting the Lake Whatcom watershed moratorium is false
and incomplete. In this economy, people are starving.
Dave Pros, 1466 Roy Road, stated he thanks the Public Works Department for their
hard work on North Lake Samish Road during the flood. Now it's repaired and open.
Separate the 2029 population projection numbers from the 2031 population
projection numbers and the visioning process. The short timeline doesn't give the
Technical Advisory Group (TAG), the Growth Management Coordinating Council (GMCC),
the Planning Commission, the County Council, and the citizens time to study the issues
thoroughly and be thoroughly involved in the process. They don't have census data for the
2031 population projection. What they have is an estimate. Wait for the 2010 Census.
There must be a countywide discussion on what model to use to grow the county.
Caskey- Schreiber stated the County is out of compliance and must comply before it
can receive any grant money. Pros stated they must comply with the 2029 population
projection. Don't include the rest of the issues. It will detract from the compliance issue.
John Lesow, 317 Madrona Place, Point Roberts, stated he thanks the Council for re-
appointing him to the Planning Commission. Citizens compiled research on the population
allocation and methodology. Direct the Planning Commission to take a straight roll call
Whatcom County Council, 1/13/2009, Page 3
1 vote on the population projections. The GMCC has become a firewall between the citizens
2 and the elected officials.
3
4 (Clerk's Note: End of tape one, side A.)
5
6 Lesow stated the low population projections are more historically accurate. In fact,
7 it is a medium projection. The majority of citizens want the low projection. Adopt low
8 population projections.
9
10 Patrick Alesse, 4825 Alderson Road, stated the councilmembers do a good job of
11 listening to people, even if they can't help. His dog, which was licensed, was once picked
12 up by animal control, and he had to pay the Humane Society to get his dog back, even
13 though they didn't deserve it. Also, Whatcom County will grow, despite what some people
14 think.
15
16 Chet Dow, 5491 Woodfern Way, stated Whatcom County will grow. Not everyone
17 agrees with the Growth Management Act. He is concerned about population projections
18 that far ahead. The real rate of growth in the county is about two percent.
19
20 Ted Wood, 5367 Bellaire Drive, Bellingham, submitted and read from a letter (on
21 file) that opposes using Economic Development Investment (EDI) funds for the
22 Terraquarium project, a private development.
23
24 Lynn Barton, Birchwood Neighborhood, stated that the community is concerned
25 about paid jobs being filled by volunteers rather than being scaled back. Businesses should
26 try to retain jobs, not hand them off to volunteers.
27
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29 PUBLIC HEARINGS
30
31 1. RESOLUTION VACATING A PORTION OF JOHNSON ROAD IN PT. ROBERTS,
32 FILED BY GALEN WOOD, ET AL. (AB2008 -392)
33
34 Fleetwood opened public hearing.
35
36 Galen Wood, 267 James Road, stated she is available to answer Council's questions.
37
38 Fleetwood closed public hearing.
39
40 Nelson moved to approve the resolution.
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42 Brenner stated the map wasn't clear, and it looks like it would create a dead end
43 road.
44 Frank Abart, Public Works Director, stated he doesn't think that's a concern.
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46 Crawford stated $.63 per square foot seems high.
47
48 Motion carried unanimously,
49
50 2. ORDINANCE ADOPTING AMENDMENTS TO THE BIRCH BAY COMMUNITY
51 PLAN RELATED TO TRANSPORTATION FACILITIES (AB2008 -448)
52
53
54 Fleetwood opened public hearing.
Whatcom County Council, 1/13/2009, Page 4
Doralee Booth, 8180 Birch Bay Drive, stated she thanks Gary Davis and Transpo
Services for work on this plan. She is pleased with the results. They listened and worked
with the community.
Pat Alesse, 4825 Alderson Road, stated he isn't pleased with the plan. The County
isn't the right tool to work on Birch Bay. He worries that people will be spread all over the
county, and people won't be able to afford to pay for their services.
Fleetwood closed public hearing.
Caskey- Schreiber moved to accept the amendments and forward to the
concurrency meeting.
Brenner asked if any of the planned transportation
Abart stated nothing out there can be ready for a bid in
maybe Birch Point Drive.
Motion carried unanimously.
CONSENT AGENDA
improvements are ready for bids.
a short amount of time, except
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent agenda items one, two, five through nine, eleven through 14,
and 17 through 21.
Motion to approve Consent Agenda items one, two, five through nine,
eleven through 14, and 17 through 21 carried unanimously.
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS FOR A GRANT TO
SUPPORT .5 FTE POSITION WITH THE DRUG TASK FORCE FOR 2009 IN THE
AMOUNT OF $23,355 (AB2009 -031)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND PROPERTYWRX FOR THE
RESIDENTIAL LEASE FOR THE POINT ROBERTS RESIDENT DEPUTY IN THE
AMOUNT OF $11,595 (AB2009 -032)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
HUMANE SOCIETY FOR THE PROVISION OF ANIMAL CONTROL SERVICES
FOR AN ANNUAL AMOUNT NOT TO EXCEED $505,419.49 (AB2009 -033)
Nelson moved to approve the request.
Crawford stated he is against this request. They need to look at spiraling, out -of-
control costs. Counties of a comparable size pay $3 per capita for animal control.
Whatcom County spends more than $8, not including the building, vehicle, and equipment
purchase and maintenance. If the Humane Society can't get into control, they need to look
at other options.
Whatcom County Council, 1/13/2009, Page 5
Brenner asked what's going to happen if the Humane Society won't accept this
agreement if the Council approves it and won't negotiate.
Dewey Desler, Deputy Administrator, stated he hasn't heard that the Humane
Society won't accept this contract. There needs to be more conversation with the Humane
Society and a possible adjustment to the fee schedule if the Humane Society can't live with
this contract without an additional $12,000.
Brenner stated the cost of the service is expensive. The Human Society does a
great job. This year, the County and Humane Society should negotiate on how to reduce
costs. Enforcement should be more efficient, rather than rely on new laws. Desler stated
the Humane Society indicated they would not provide a lesser level of service. He hopes
the Humane Society understands the County's need for efficiency. The Humane Society
challenges include the volume of animals and the large animals they must handle.
Brenner asked if State law requires the Humane Society to do a site visit for every
phone call. Desler stated it doesn't.
Caskey- Schreiber stated there is some erroneous information. This is actually an
increase of $147,000 over what the County paid to SSP in 2006. The Humane Society is
doing twice the amount of work, doing a higher quality of work, running a volunteer
program, and is realizing higher adoption rates. The County also has more accountability.
The County put the Humane Society in the awkward position of having to come up with
ways to generate more revenue, which resulted in this proposed ordinance. The County
wouldn't have to adopt that ordinance if it funds the Humane Society the full amount
budgeted. She asked if they can amend the contract to pay that amount, and not approve
the additional fees. Desler stated they could do that, but he prefers to first have a
discussion with the Humane Society about what exactly is necessary.
Caskey- Schreiber suggested a friendly amendment to fund the contract in the
amount of $518,190 for 2009. This is the amount the County budgeted for 2009. The
contract proposed here is for less than that amount.
Nelson did not accept the friendly amendment.
Caskey- Schreiber moved to amend the contract to pay $518,190 in 2009.
Weimer stated he is against the motion. The Humane Society already agreed to the
current contract amount. The Humane Society will not have those added costs associated
with licensing kennels and enthusiasts.
Fleetwood stated he also does not support the motion.
Caskey- Schreiber withdrew her motion.
Brenner asked if the Council can approve a budget for six months instead of a year
and work with the Humane Society during that time to reduce costs.
Caskey - Schreiber stated the County doesn't do that with any other contractor, who
should be able to plan their budget for a year. There is no evidence that the Council will
have to reopen the budget and shift things around. The County is receiving additional,
unexpected sales tax revenues from internet sales. An organization deserves the right to
plan for a year.
Whatcom County Council, 1/13/2009, Page 6
Motion approve the contract carried 5 -2 with Nelson and Crawford opposed.
(Clerk's Note: End of tape one, side 8.)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE
SOCIETY FOR THE PURPOSE OF PROVIDING ANIMAL CONTROL AND
SHELTER SERVICES AT 1661 BAKER CREEK PLACE (AB2009 -034)
Nelson moved to approve the request.
Motion carried 5 -2 with Crawford and Nelson opposed.
S. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
(AB2009 -035)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -101
TO LOW BIDDER DIEHL FORD FOR A REPLACEMENT CAB AND CHASSIS
WITH DUMP BODY IN THE AMOUNT OF $52,316.96 (AB2009 -036)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AN ANNUAL SUPPLY (ON AN AS NEEDED BASIS) OF
HERBICIDES UTILIZING WASHINGTON STATE CONTRACT; VENDOR UAP, IN
THE AMOUNT OF $50,000 (AB2009 -037)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AN ANNUAL SUPPLY OF GUARDRAIL UTILIZING
WASHINGTON STATE CONTRACT; VENDOR CORAL SALES, IN THE AMOUNT
OF $50,000 (AS2009 -038)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AN ANNUAL SUPPLY (ON AN AS NEEDED BASIS) OF ASPHALT
PRODUCTS UTILIZING WASHINGTON STATE CONTRACT; VENDORS ARE
ALBINA ASPHALT, MCASPHALT LTD., AND SPECIAL ASPHALT PRODUCTS, IN
THE AMOUNT OF $40,000 (AB2009 -039).
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AUTOBODY REPAIR SERVICES UTILIZING WASHINGTON
STATE CONTRACT (ON AN AS NEEDED BASIS); VENDOR IS CEI GROUP,
WITH GITT'S AUTOBODY, IN THE AMOUNT NOT TO EXCEED $35,000
(AB2009 -040)
Nelson moved to approve the request. The title of this agenda item is incorrect,
and should say, "...in the amount f�et to exceed...." The contents of the Council packet are
correct.
Motion carried unanimously.
11. EXTENSION OF THE INTERLOCAL AGREEMENT REGARDING ANNEXATION
AND DEVELOPMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM THROUGH DECEMBER 31, 2009 (AB2009 -041)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
Whatcom County Council, 1/13/2009, Page 7
SERVICES RECOVERY CENTER TO PROVIDE SUBSTANCE ABUSE
EVALUATION AND SERVICES UNDER THE CDDA PROGRAM, IN AN AMOUNT
NOT TO EXCEED $30,000 (AB2009 -042)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM VOLUNTEER
CENTER TO PROVIDE VOLUNTEER SERVICES TO COUNTY OFFICES AND
SERVICE LOCATIONS THROUGHOUT THE COUNTY IN THE AMOUNT OF
$35,000 (AB2009 -043)
14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
CHAMBER OF COMMERCE AND INDUSTRY TO PROVIDE FUNDING FOR
ADVERTISING AND PROMOTION OF THE ANNUAL SKI TO SEA FESTIVAL, IN
THE AMOUNT OF $29,000 (AB2009 -044)
15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE TO PROVIDE FUNDING TO PROMOTE TOURISM, IN
THE AMOUNT OF $52,750 (AB2009 -045)
Nelson moved to approve the request.
Brenner stated four of the five committee members attended the meeting on this
item. One of those four had to abstain from the vote. The reason this was approved and
the item for the Glacier Chamber of Commerce was not approved are because they are
separate issues.
Kelly stated he received information that Glacier Chamber of Commerce members
were denied placement on the committee and denied membership in the Chamber. He had
concerns about that. He heard there was not an opportunity for the Glacier Chamber to
participate in the process that would allow them to get funds. He asked if that is true.
Dewey Desler, Deputy Administrator, described the status of the member
appointments to the State - mandated committee.
Pete Kremen, County Executive, described the committee membership. The
application for appointment from a Glacier Chamber member came in after he had already
made his appointments.
Crawford stated that the person denied appointment to the Foothills Board joined a
Chamber of Commerce for Glacier that someone else started. The Glacier Chamber claims
to have 16 members, and he's heard that some of those members are still members of the
Foothills Chamber.
Brenner stated that if the Glacier Chamber has a big membership, it should be able
to influence the Foothills Chamber. They must be able to collaborate, rather than duplicate
efforts.
Motion carried unanimously,
16. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
Whatcom County Council, 1/13/2009, Page 8
COUNCIL TO PROVIDE FUNDING FOR THE LONELINESS AND ISOLATION
PROGRAM, IN THE AMOUNT OF $20,000 (AB2009 -046)
Nelson moved to approve the request.
Crawford stated he will vote against the request, even though he respects the
volunteer portion of the program.
Brenner stated she supports this request. These people are shut -ins, and would not
otherwise be served.
Crawford stated other agencies and programs are better suited to provide these
services.
Motion carried 6 -1 with Crawford opposed.
17. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE FOR FUNDING SUPPORT, IN
THE AMOUNT OF $45,000 (AB2009 -047)
18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL
COUNCIL, BOUNDARY REVIEW BOARD, TO PROVIDE FUNDING SUPPORT, IN
THE AMOUNT OF $18,000 (AB2009 -048)
19. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
COUNTY TOURISM FOR FUNDING TO PROVIDE SERVICES TO PROMOTE
TOURISM, IN THE AMOUNT OF $165,600 (AB2009 -049)
20. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM
FOR USE OF THE PLANTATION RIFLE RANGE FOR FIREARMS
QUALIFICATIONS FOR COMMISSIONED AND NON - COMMISSIONED
BELLINGHAM POLICE DEPARTMENT PERSONNEL, IN THE AMOUNT OF
$25,566.50 (AS2009 -050)
21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO SIGN AN
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
COUNTY AND THE CITY OF SUMAS FOR ANNEXATION, TO EXTEND THE
EXISTING AGREEMENT THROUGH JANUARY 31, 2010 (AB2009 -054)
22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE FLOOD CONTROL ZONE DISTRICT
AND DIKING DISTRICT #2 FOR REPAIR OF THE LEE LEVEE NEAR NUGENT'S
CORNER (AB2009 -072)
(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.)
Caskey- Schreiber moved to approve the request.
Whatcom County Council, 1/13/2009, Page 9
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE INCREASING DISTRICT COURT'S PETTY CASH FUND TO A
TOTAL OF $450 (AB2008 -450)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
2. RESOLUTION TO CONSIDER VACATING A PORTION OF SAXON ROAD AND
ENTERING INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM
COUNTY, THE LUMMI NATION, AND WHATCOM LAND TRUST FOR THE SAXON
ROAD RE- ALIGNMENT PROJECT (AB2009 -051)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution with amendments.
• Title: A resolution in the matter of considering vaeating a ,vacation ' for
realignment of a portion of Saxon Road
• Whereas, on December 15, 2008; Lummi Nation and others, submitted a
petition for the vacation of a portion of Saxon Road lying within the
unincorporated area of Whatcom County, accompanied by the penal sum of
$682.00, and an interlocal agreement;' and;' in ,exchanae for realacement of.
Motion carried unanimously.
3. ORDINANCE AMENDING 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 (AB2008 -404)
Fleetwood reported for the Planning and Development Committee and stated the
committee recommends the next item, not this item.
3A. ORDINANCE AMENDING 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 (AB2008 -404A)
Fleetwood reported for the Planning
committee recommends the substitute that
Council packet page 350 and amendments.
amendment to add language to the end of
°... with the Countv auditor. County` review a
and Development Committee and stated the
includes the language of alternative one on
He moved to approve the first Committee
21.03.040(]) nn Cnunril nark-pt nano 17n
Whatcom County Council, 1/13/2009, Page 10
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Motion carried unanimously.
Fleetwood moved to approve the second Committee amendment to amend section
21.03.085(2)(j) on Council packet page 377 to add language, "Approximate location of
existing buildings and existing on -site septic systems."
Motion carried unanimously.
Brenner moved to hold this item in the Planning Committee for two weeks to get
clarified language.
Fleetwood stated he is willing to put this back into the Planning Committee for only
a very brief discussion on clarifying language, in two weeks.
Kelly stated he is against the motion to hold in committee for two weeks. The
Planning Committee schedule is full.
Brenner stated the Council has heard that the people who actually use these codes
need the language clarified. Take the time to make the language cleaner and clearer.
Caskey- Schreiber stated she is against the motion to hold in committee for two
weeks. The clarifying language doesn't change the intent. If someone is unclear, they may
contact Planning Director Stalheim.
Fleetwood stated this originally came forward as a code scrub to clarify language.
Language can still be made clearer. Time is not of the essence.
Motion carried 4 -3 with Caskey- Schreiber, Kelly, and Weimer opposed.
4. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT
USE ASSESSMENT APPLICATIONS (AB2009 -053)
Fleetwood reported for the Planning and Development Committee and moved to
approve the resolution.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MICHELE BODTKE TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (AB2009 -056)
Weimer moved to confirm the appointment.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENT
OF JEFF MARGOLIS TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE
(AB2009 -057)
Brenner moved to confirm the reappointment.
Motion carried unanimously.
Whatcom County Council, 1/13/2009, Page 11
7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE- APPOINTMENT
OF VERONICA WISNIEWSKI TO THE PURCHASE OF DEVELOPMENT RIGHTS
OVERSIGHT COMMITTEE (AB2009 -058)
Caskey- Schreiber moved to confirm the reappointment.
Motion carried unanimously.
8. RESOLUTION APPROVING THE BIRCH BAY WATER AND SEWER DISTRICT
COMPREHENSIVE SEWER SYSTEM PLAN AMENDMENT NO. 3 (AS2009 -030)
Brenner moved to approve the resolution.
Crawford stated the resolution isn't clear about what they're amending.
Brenner stated the councilmembers received additional information about this item.
Resolutions need to be very clear about what they mean.
Motion carried unanimously.
INTRODUCTION ITEMS
Weimer moved to accept the Introduction Items.
Motion carried unanimously.
1. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD
CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING
MECHANISM AND LEVELS FOR THE ACME /VAN ZANDT SUBZONE (AB2009-
059) (Council acting as the WCFCZD Board of Supervisors)
2. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD
CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING
MECHANISM AND LEVELS FOR THE SOMAS /NOOKSACK /EVERSON SUBZONE
(AS2009 -060) (Council acting as the WCFCZD Board of Supervisors)
3. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD
CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING
MECHANISM AND LEVELS FOR THE LYNDEN /EVERSON SUBZONE (AB2009-
061) (Council acting as the WCFCZD Board of Supervisors)
4. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $279, 224 (AB2009 -062)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.75, SCHOOL
FACILITIES IMPACT FEES, AND CHAPTER 20.97, DEFINITIONS (AB2009-
063)
6. ORDINANCE AMENDING WHATCOM COUNTY COMPREHENSIVE PLAN
CHAPTER FOUR, CAPITAL FACILITIES (AB2009 -064)
7. ORDINANCE AMENDING WHATCOM COUNTY COMPREHENSIVE PLAN
CHAPTER FOUR - CAPITAL FACILITIES, CHAPTER SIX - TRANSPORTATION,
Whatcom County Council, 1/13/2009, Page 12
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AND APPENDIX G — TRANSPORTATION IMPACT FEES BACKGROUND
INFORMATION (AB2009 -065)
8. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY ADDING
CHAPTER 20.78 — TRANSPORTATION CONCURRENCY MANAGEMENT
(AB2009 -066)
9. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.34, AGRICULTURAL
ADVISORY COMMITTEE (AB2009 -067)
10. RECEIPT OF APPEAL OF HEARING EXAMINER DECISION REGARDING
REQUEST FOR BOUNDARY LINE ADJUSTMENT, APL2007- 00015, FILED BY
BEHALF OF EMIL AND TANIA HECHT (AB2008 -453)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated he recently took an air tour around the county and took part in a
recent survey. He encourages all councilmembers to take the tour.
Weimer thanked Public Works Director Frank Abart for the Public Works Department
efforts with recent snow removal and flooding.
Fleetwood stated Barney Goltz passed away on Christmas Day. He attended the
recent memorial service. He will be dearly missed. He also complimented Councilmember
Weimer for his work as chair the last two years.
All councilmembers thanked the Public Works for doing a great job recently.
ADJOURN
The meeting adjourned at 9:06 p.m.
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Jill Nixon, Minutes Transcription
The Council approved these minutes on February 10 2009.
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Whatcom County Council, 1/13/2009, Page 13