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HomeMy WebLinkAboutCouncil January 27 20091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council January 27, 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 announced there was discussion with Public Works Administration regarding pending litigation (AB2009 -018) in executive session during the Committee of the Whole meeting. OPEN SESSION The following people spoke: Larry Helm, Squalicum Valley Community Association, stated he is concerned about development on top of the mountain by Sygitowitz and Iverson. The property is for sale in 20 -acre parcels. All the owners have expressed an interest in selling their development rights to the City or County to keep the area as rural forestry in the watershed. They are in favor of that happening. The proposed State Environmental Policy Act (SEPA) documents show that over 11 acres of roads are to go in. Bruce Deila, Bellingham, stated he is homeless. The Bellingham City Council will not follow up on his issue about being unable to secure a motel room for the night without a credit card. At the City Council meeting last night, the Union Gospel Mission stated there are services for homeless, but he hasn't found that to be true. The Union Gospel Mission has no right to roust the homeless out of libraries and talk about medicating and rehabilitating the homeless. It's wrong to require the homeless to go to worship services to use their services. They are acting as moral arbiters and threatening homeless people. He doesn't want to be forced to go to the Union Gospel Mission. He was attacked at the Seattle location. He can't go there because he has an auto - immune disease. Quit ignoring him. Brenner stated the change would have to come from the State legislature, not the County Council. She would like to know what the State will or won't do about currency. She would like to know if a hotel or motel can decide who they will or won't serve. The Council would have to make a request of the Attorney General. Whatcom County Council, 1/27/2009, Page 1 1 Crawford stated the County Council won't take any action on this issue. 2 Councilmember Brenner may pursue the issue herself. He doesn't see the County Council 3 taking a position about whether or not motels will take credit cards. 4 5 Fleetwood stated the County Council doesn't have the authority to make the change 6 that Mr. Diela seeks. 7 8 Michelle Luke, 3342 Sunrise Cove, Lummi Island, stated she hopes they spend time 9 making amendments to the Shoreline Management Plan that will make the plan clearer. 10 11 Rod Johnston, 2714 South Park Drive, Bellingham, stated he strongly opposes some 12 of the changes to the Shoreline Management Plan, such as the setbacks. Also, do more 13 than the minimum notification. They should have notified everyone who owns these 14 properties. Reconsider the plan and notify the property owners. 15 16 Michelle Newell, 6020 Truck Road, Deming, stated her house is closer to going into 17 the river, since the last flood. At the last Surface Water Work Session, Jon Hutchings said 18 he would have someone do geo- esting to find bedrock. That hasn't happened. The County 19 Council should ask the Army Corps of Engineers to establish a flood fight plan for all the 20 residences on Truck Road. She would like to see some action. 21 22 Nelson stated they are still waiting for the After Action Report. There are many 23 areas in the county that has problems. Carefully evaluate how to remedy these situations. 24 The County can't go throughout the community and fix individual problems in every 25 location. The communities have to work together. The Council can start discussing 26 whether this area needs a flood subzone. 27 28 Bill Quehrn, Building Industry Association of Whatcom County Executive Officer, 29 submitted information (on file) regarding impact fees. This information just came to his 30 attention. 31 32 Whatcom County lost an important veteran this week, Ted King. Mr. King was a 33 Pearl Harbor Survivor and worked as a veterans representative. He is an icon of military 34 service. He hopes they declare Thursday as Ted King Day during his memorial service. 35 This country owes him and his colleagues so much. 36 37 Jeff McKay, 4693 Sucia Drive, stated the Council is taking private property away 38 because of the Shoreline Management Plan setbacks. The minor adjustments aren't 39 adequate. The plan is unconstitutional. The plan and 150 -foot setback are not based on 40 science. 41 42 Dennis Jones, 122 Sudden Valley Drive East, stated continue the Lake Whatcom 43 Management Plan. The Sudden Valley Community Association has a new council and 44 president. Keep working with the water district. Program area one of the Lake Whatcom 45 Management Plan regarding land preservation can be either public, private, or non - profit. 46 Land preservation is most important for the watershed. The Sudden Valley Community 47 Association has mandated that he install a $10,500 drain pit and retaining wall. He was 48 grandfathered in. When title changes hands, people should be forced to upgrade to the new 49 standard. Taxing individuals for stormwater isn't right. There are ways to get site- specific 50 and area- specific drain sites in the watershed. 51 Whatcom County Council, 1/27/2009, Page 2 1 Patrick Alesse, 4825 Alderson Road, stated good planning cuts costs and improves 2 planning in the same stroke. Install streetlights at the corners of Birch Point Road and Birch 3 Bay Drive. Make it a part of the Birch Bay Lighting District. Money is in that fund. 4 5 Dannon Traxlor, 709 Dupont Street, stated she speaks on behalf of Ron Jepson 6 regarding the Shorelines Management Plan. Mr. Jepson's property at Sandy Point will be 7 detrimentally affected by the development conditions and restrictions in the new program. 8 The amendment package doesn't address the concerns adequately. There are serious legal 9 implications to blanket setback requirements and other blanket conditions. She asked the 10 source of the science used and how it relates specifically to their shorelines. Not all land is 11 the same, and not all development can be considered as having the same exact impacts. 12 To that end, conditions imposed upon development cannot be uniform, according to the law. 13 Please have legal department review. Best available science is to be applied to critical 14 areas, not to property in shoreline jurisdiction, according to the Futurewise case. It would 15 undermine the Shoreline Management Act requirement of balancing public and private 16 interests. Application of blanket conditions without proportionality is illegal. There is a 17 serious issue with the language about no feasible alternatives for a rebuilt home. The 18 regulation allows expansion of structures only if they don't significantly impair the view of 19 the shoreline. That regulation is subjective and vague. There are no public view rights over 20 private property. There seems to be interchangeable use of the terms shorelines,' 'critical 21 areas,' and 'buffers.' They are not the same. Unfortunate comments have been made 22 about the group Citizens for Rational Shoreline Planning. They have only notified the public 23 of what's going on with the shoreline program, and sent people to the County's website. 24 People are reacting to language in the program. 25 26 Mary Dickinson, Building Industry Association of Whatcom County Governmental 27 Affairs Director, stated there are problems with the shoreline amendment packet as written. 28 The language does not reflect the intent. The language is confusing. Section (L) blurs the 29 Shoreline Master Program (SMP) and the Critical Areas Ordinance (CAO). They are 30 supposed to be two separate documents. The shoreline plan is not a place to amend the 31 CAO. Staff wrote an entire new amendment package with new language that hasn't been 32 discussed throughout the process. There is a new section about view rights, which aren't 33 legal property rights. Spend more time on fixing this. 34 35 David Parsons, 2208 Samish Way, stated he wants to add a small bedroom to his 36 400 square foot cabin on Lummi Island. The Planning Department told them he would have 37 to pay a fee of $660 and apply for a conditional use permit. It's not right that his neighbors 38 have control over what he does on his property. Also, nonconforming buildings must be 39 allowed to rebuild, or they won't be financed. Clean up this language in the Shoreline 40 Master Plan. 41 42 Bob Wiesen, 3314 Douglas Road, stated the public process is faulty. Before writing 43 rules and regulations, define the problem that needs to be solved. The intent of the update 44 was not to rewrite the entire plan. Property owners made plans based on the old plan. 45 They need predictability, which doesn't exist in the system. 46 47 Dave Pros, 1466 Roy Road, submitted and read from a handout (on file) regarding 48 population projections. 49 50 51 PUBLIC HEARINGS 52 Whatcom County Council, 1/27/2009, Page 3 1 1. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD 2 CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING 3 MECHANISM AND LEVELS FOR THE ACME /VAN ZANDT SUBZONE (AB2009- 4 059) 5 6 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District 7 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion 8 of the meeting.) 9 10 Weimer opened the public hearing and, hearing no one, closed the public hearing. 11 12 Nelson moved to approve the resolution. 13 14 Motion carried unanimously. 15 16 2. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD 17 CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING 18 MECHANISM AND LEVELS FOR THE SUMAS /NOOKSACK /EVERSON SUBZONE 19 (AB2009 -060) 20 21 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District 22 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion 23 of the meeting.) 24 25 Weimer opened the public hearing and, hearing no one, closed the public hearing. 26 27 Nelson moved to approve the resolution. 28 29 Motion carried unanimously. 30 31 3. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE FLOOD 32 CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE WCFCZD FUNDING 33 MECHANISM AND LEVELS FOR THE LYNDEN /EVERSON SUBZONE (AB2009- 34 061) 35 36 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District 37 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion 38 of the meeting.) 39 40 Weimer opened the public hearing and, hearing no one, closed the public hearing. 41 42 Nelson moved to approve the resolution. 43 44 Motion carried unanimously. 45 46 47 CONSENT AGENDA 48 49 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 50 CONTRACT BETWEEN WHATCOM COUNTY AND TETRA TECH, INC. TO 51 AUTOMATE BIRCH BAY WATERSHED AND AQUATIC RESOURCES 52 MANAGEMENT (BBWARM) DISTRICT FEE ROLL GENERATION AND TO 53 DEVELOP ADMINISTRATIVE SUPPORT SOFTWARE IN THE AMOUNT OF Whatcom. County Council, 1/27/2009, Page 4 1 $29,689 (AB2009 -083) (COUNCIL ACTING AS THE WHATCOM COUNTY 2 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 3 4 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District 5 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion 6 of the meeting.) 7 8 Crawford reported for the Finance and Administrative Services Committee. 9 10 (Clerk's Note: End of tape one, side A.) 11 12 Crawford continued to state this comes forward with a recommendation with one 13 amendment to the memorandum of understanding that this money will eventually be 14 reimbursed by BBWARM. He moved to approve the request with the Finance Committee's 15 recommendation. 16 17 Brenner stated she supports fees for services. She can't support this without the 18 addition of the incentives. It will charge people a fee for services they don't receive. 19 20 Caskey- Schreiber stated the fees will be used on projects for the better good of 21 everyone. BBWARM's goal is to keep Birch Bay healthy and deal with necessary stormwater 22 fixes that benefit everyone. 23 24 Brenner stated everyone will get charged for things that may or may not be directly 25 connected to flooding. People should be able to do retrofits on their property. 26 27 Nelson stated this item is just for the software to automate fee billing. It has 28 nothing to do with deciding what projects will get paid for and who will pay for them. 29 30 Brenner stated she's bothered they are doing this without the incentive package. 31 32 Motion carried 6 -1 with Brenner opposed. 33 34 (Clerk's Note: Discussion of this item continued, below.) 35 36 Crawford reported for the Finance and Administrative Services Committee and 37 moved to approve Consent Agenda items one through five and seven through ten. 38 39 Motion to approve Consent Agenda items one through five and seven 40 through ten carried unanimously. 41 42 1. RESOLUTION APPROVING THE TREASURER'S ANNUAL LIST OF PROPERTY 43 TAX REFUNDS CONSISTENT WITH RCW 84.69.020 (AB2009 -078) 44 45 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 46 CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS 47 FOR PROVISION OF GREEN BUILDING AND RESOURCE CONSERVATION 48 OUTREACH SERVICES IN THE AMOUNT OF $20,000 (AB2009 -079) 49 50 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 51 CONTRACT FOR 2009 TO PROVIDE FOR REPRESENTATION OF ALL INDIGENT 52 PARTIES IN JUVENILE DEPENDENCY ACTIONS FOR CLIENTS FORMERLY 53 REFERRED TO THE PUBLIC DEFENDER, TO CONFLICT COUNSEL AND ALL Whatcom County Council, 1/27/2009, Page 5 1 NEW CASES DURING THE CONTRACT YEAR IN THE AMOUNT OF $415,000 2 (AB2009 -080) 3 4 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 5 CONTRACT BETWEEN WHATCOM COUNTY AND BENNETT ENGINEERING, LLC 6 TO PROVIDE LANDFILL MONITORING SERVICES AT BOTH THE CEDARVILLE 7 AND Y ROAD LANDFILLS, TO INCLUDE QUARTERLY AND ANNUAL 8 REPORTING REQUIREMENTS IN THE AMOUNT OF $76,360 (AB2009 -081) 9 10 S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 11 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF 12 BELLINGHAM FOR THE CHUCKANUT VILLAGE MARSH RESTORATION 13 PROJECT — PHASE 2 IN THE AMOUNT OF $20,000 (AB2009 -082) 14 15 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 16 CONTRACT BETWEEN WHATCOM COUNTY AND GENEVA CONSULTING TO 17 CONTINUE THE PHASE IV IMPLEMENTATION WORK OF THE WRIA 1 18 WATERSHED MANAGEMENT PROGRAM IN THE AMOUNT OF $26,400 19 (AB2009 -084) 20 21 S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 22 AMENDMENT TO THE GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND 23 WASHINGTON STATE DEPARTMENT OF ECOLOGY TO EXTEND THE 24 EXPIRATION DATE AND ADD FUNDING FOR THE PHASE IV 25 IMPLEMENTATION WORK OF THE WRIA 1 WATERSHED MANAGEMENT 26 PROGRAM IN THE AMOUNT OF $37,800 (AB2009 -085) 27 28 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 29 CONTRACT BETWEEN WHATCOM COUNTY AND STEWART +KING 30 ARCHITECTS, INC. FOR THE WHATCOM COUNTY CIVIC CENTER ANNEX 3RD 31 FLOOR RENOVATIONS IN THE AMOUNT OF $105,001 (AB2009 -086) 32 33 10. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF 34 SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION (AB2009 -087) 35 36 37 OTHER ITEMS 38 39 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.34, AGRICULTURAL 40 ADVISORY COMMITTEE (AB2009 -067) 41 42 Weimer reported for the Natural Resources Committee and moved to approve with 43 one amendment to add language, "2.34.030(B) Assist;_ the C'Qdnty,; and make 44 recommendations in the effort to ash establish, promote and implement a comprehensive 45 agricultural protection /preservation program; and" 46 47 Motion carried unanimously. 48 49 50 CONSENT AGENDA 51 52 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 53 CONTRACT BETWEEN WHATCOM COUNTY AND TETRA TECH, INC. TO Whatcom County Council, 1/27/2009, Page 6 1 AUTOMATE BIRCH BAY WATERSHED AND AQUATIC RESOURCES 2 MANAGEMENT (BBWARM) DISTRICT FEE ROLL GENERATION AND TO 3 DEVELOP ADMINISTRATIVE SUPPORT SOFTWARE IN THE AMOUNT OF 4 $29,689 (AB2009 -083) (COUNCIL ACTING AS THE WHATCOM COUNTY 5 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 6 7 Brenner asked if they can include any incentives before the bills go out. 8 9 Nelson stated this item is the billing system. This software has nothing to do with 10 how much people are charged. That is a decision of the Board of Supervisors. 11 12 Brenner asked if they would need different software if they included her incentives. 13 14 Frank Abart, Public Works Department Director, stated they would not need different 15 software. This software would work. 16 17 Brenner moved to reconsider the vote. She would like to change her vote for this 18 item. 19 20 Motion failed 2 -5 with Brenner and Nelson in favor. 21 22 23 OTHER ITEMS 24 25 2. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, FIRST 26 REQUEST, IN THE AMOUNT OF $279, 224 (AB2009 -062) 27 28 Crawford reported for the Finance and Administrative Services Committee and 29 moved to adopt the ordinance. 30 31 Brenner stated this item includes the funding for the request in Consent Agenda 32 item six. She asked if the money would be spent on software, and if they could add 33 incentives later. 34 35 Jon Hutchings, Public Works Department, stated it would and they could. BBWARM 36 will reimburse the County for this money. 37 38 Motion carried unanimously. 39 40 Crawford reported for the Finance and Administrative Services Department on the 41 discussion regarding county fund interest income distribution (AB2009 -094). The 42 Committee recommends that the County Council request the County Prosecutor compose a 43 letter reviewing the State Auditor's position on the distribution of interest monies from 44 various county funds. 45 46 Karen Frakes, Prosecutor's Office, stated someone from the Prosecutor's Office will 47 pursue the matter. 48 49 Kelly stated he wanted to make sure there is a Council request on the record for a 50 legal opinion to justify the Council not taking any action on the distribution of interest to the 51 general fund. 52 Whatcom County Council, 1/27/2009, Page 7 1 3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE BY ADDING CHAPTER 2 20.78 — TRANSPORTATION CONCURRENCY MANAGEMENT (AB2009 -066) 3 4 Brenner reported for the Public Works and Safety Committee and moved to adopt 5 and moved to amend the ordinance according to substitute page 217, "(27) "Transportation 9 6 Facilities' for pure of? cancurre�c means roadwa se, ,rents, not�ne(udtn . .. Y Y _ _.._w_,... 7 mtehrsect�ans,, pf all principal arterials...." 8 9 Crawford asked if concurrency does not apply to intersections. 10 11 Mike Donahue, Public Works Department, stated it does not. The ordinance is 12 written for roadway lengths. Intersections are analyzed through the State Environmental 13 Policy Act (SEPA). 14 15 Crawford asked if it applies to locations where County roads intersect with State 16 highways. Donahue stated it does not. 17 18 Kelly asked if they are adding to traffic congestion by changing the exemption 19 threshold from five to ten one -way weekday afternoon peak hour trip. Donahue stated they 20 are not adding to congestion. When a project is submitted, they will track whether it 21 pushes ten trips in one direction during a p.m. peak time. The interim ordinance tracked 22 five trips. That created so much tracking for many projects that the cumulative total wasn't 23 adding up to much. 24 25 Motion to amend carried unanimously, 26 27 Motion to adopt as amended carried unanimously. 28 29 4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN 30 CHAPTER FOUR — CAPITAL FACILITIES, CHAPTER SIX — TRANSPORTATION, 31 AND APPENDIX G — TRANSPORTATION IMPACT FEES BACKGROUND 32 INFORMATION (AB2009 -065) 33 34 Brenner reported for the Public Works and Safety Committee and moved to have a 35 public hearing before forwarding to the concurrency hearing. This ordinance includes a 36 substitute for Council packet page 243. She doesn't know what comments were brought up 37 during the Planning Commission meeting. She wants to hear from people. They should get 38 more information on this before they vote. 39 40 Caskey- Schreiber stated she likes the ordinance as it is. The Planning Commission 41 already had a hearing. Move this forward. 42 43 Motion failed 3 -4 with Fleetwood, Nelson, and Brenner in favor. 44 45 Caskey- Schreiber moved to forward to the concurrency hearing. 46 47 Motion carried 6 -1 with Nelson opposed. 48 49 S. RESOLUTION IN THE MATTER OF VACATING A PORTION OF GRANDVIEW 50 ROAD (AB2009 -093) 51 52 Brenner reported for the Public Works and Safety Committee and stated substitute 53 pages 220 and 226. She moved to approve the resolution. Whatcom County Council, 1/27/2009, Page 8 1 2 Motion carried unanimously. 3 4 6. EMERGENCY ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP 5 SIGNS AND WEIGHT RESTRICTIONS ON EMERALD LAKE WAY (AB2009 -092) 6 7 Brenner reported for the Public Works and Safety Committee and moved to adopt 8 the amended substitute emergency ordinance. 9 10 Motion carried unanimously. 11 12 7. ORDINANCE ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM 13 COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS AND 14 INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED 15 STREETSCAPES IN URBAN GROWTH AREAS; AND ALSO ADOPTING 16 AMENDMENTS TO CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY 17 TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE (AB2008 -398) 18 19 Caskey- Schreiber reported for the Planning and Development Committee and 20 moved to adopt the ordinance. 21 22 Crawford stated he doesn't agree with the requirement to limit the size of front - 23 loaded garages. It goes against housing affordability and densifying communities. He 24 moved to amend to delete section 20.82.011. 25 26 Brenner states she supports the amendment. Don't provide this type of scrutiny to 27 urban growth areas. Stand -alone urban growth areas can go through their own process and 28 bring it to the County Council if they want. She's concerned that this will make it too 29 expensive for some to build. There are other ways to get what they want visually. 30 31 Crawford stated that if the Council approves this amendment, he will be happy to 32 incorporate the adjoining cities' urban design standards for the urban growth areas. That is 33 logical and makes sense. 34 35 Motion to amend carried 4 -3 with Caskey- Schreiber, Fleetwood, and 36 Weimer opposed. 37 38 Motion to adopt as amended carried unanimously. 39 40 (Clerk's Note: Discussion continued, below.) 41 42 S. ORDINANCE AMENDING TITLE 21, LAND DIVISION REGULATIONS, 43 REGARDING GENERAL PROVISIONS, EXEMPT LAND DIVISIONS AND 44 BOUNDARY LINE ADJUSTMENTS, SHORT SUBDIVISIONS, PRELIMINARY 45 LONG SUBDIVISIONS, FINAL LONG SUBDIVISIONS, SURVEYS AND 46 DEDICATIONS, AND DEFINITIONS (AB2008 -404A) 47 48 Caskey- Schreiber reported for the Planning and Development Committee and stated 49 held in committee for two weeks. 50 51 9. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.75, SCHOOL 52 FACILITIES IMPACT FEES, AND CHAPTER 20.97, DEFINITIONS (AB2009- 53 063) Whatcom County Council, 1/27/2009, Page 9 1 2 Caskey- Schreiber reported for the Planning and Development Committee and 3 moved to adopt the ordinance. 4 5 Motion carried unanimously. 6 7 10. REPORT ON COMMITTEE REVIEW AND RECOMMENDATIONS TO COUNCIL 8 REGARDING DIRECTION ON RURAL FOREST CLUSTER ORDINANCE 9 (AB2009 -089) 10 11 Caskey- Schreiber reported for the Planning and Development Committee and stated 12 the Committee directed staff to make the interim moratorium permanent. Staff will prepare 13 a permanent ordinance. 14 15 11. ORDINANCE AMENDING WHATCOM COUNTY COMPREHENSIVE PLAN 16 CHAPTER FOUR, CAPITAL FACILITIES (AB2009 -064) 17 18 Caskey- Schreiber reported for the Planning and Development Committee and 19 moved to forward to concurrent review. 20 21 Motion carried unanimously. 22 23 7. ORDINANCE ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM 24 COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS AND 25 INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED 26 STREETSCAPES IN URBAN GROWTH AREAS; AND ALSO ADOPTING 27 AMENDMENTS TO CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY 28 TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE (AB2008 -398) 29 30 Crawford stated that since the Council amended this ordinance, it must have a 31 public hearing. Have a public hearing in two weeks. 32 33 12. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF 34 LARRY HELM AND JOHN BAYER TO THE AGRICULTURAL ADVISORY 35 COMMITTEE (AB2009 -090) 36 37 Weimer moved to confirm the appointment. 38 39 Motion carried unanimously. 40 41 13. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS 42 OF HOWARD HILL CUMMINGS, LARRY RICHARDSON AND STEVE HENSON TO 43 THE WHATCOM COUNTY MENTAL HEALTH ADVISORY BOARD (AB2009 -091) 44 45 Weimer moved to confirm the appointments. 46 47 Motion carried unanimously. 48 49 14. APPOINTMENT TO FILL VACANCY OF ALTERNATE POSITION ON THE 50 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY 51 COMMITTEE - APPLICANT: MARY RAINES (AB2009 -077) 52 53 Whatcom County Council, 1/27/2009, Page 10 1 2 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District 3 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion 4 of the meeting.) 5 6 Nelson moved to appoint Mary Raines. 7 8 Motion carried unanimously. 9 10 15. APPOINTMENTS TO FILL VACANT POSITIONS ON -_THE °-SOLID : WASTE 11 ADVISORY COMMITTEE - APPLICANTS ARE LISA FRIEND (REPRESENTING 12 PUBLIC INTEREST GROUPS) AND ARTHUR WILKOWSKk < (REPRESENTING 13 THE WASTE COLLECTION INDUSTRY) (AB2009 -097) 14 15 Weimer moved to appoint Lisa Friend. 16 17 Motion carried unanimously. 18 19 z :; 20 INTRODUCTION ITEMS " 21 22 1. RESOLUTION TO SELL SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION 23 (AB2009 -087A) 24 25 Crawford moved to accept the Introduction Item. 26 27 Motion carried unanimously. 28 29 30 OTHER BUSINESS 31 32 There was no other business. 33 34 35 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 36 37 Crawford stated there may be a Transportation Improvement Board funding cut for 38 the Yew Street Road improvement. 39 40 (Clerk's Note: End of tape one, side B.) 41 42 Kelly stated the Puget Sound Partnership is talking about formation of a district to 43 include most of Puget Sound. The district will be a funding mechanism for projects outlined 44 in the Puget Sound Action Agenda. 45 46 Weimer stated he attended the Acme/ VanZandt flood events tour. Action is 47 necessary sooner rather than later. 48 49 Nelson stated he attended the Acme /Van Zandt Flood Control Subzone meeting. 50 Everything functioned as intended. There may be things the Council can do to improve the 51 system. The administration may bring recommendations forward. 52 53 Whatcom County Council, 1/27/2009, Page 11 1 2 3 5 6 7 8 10 11 12 13 14 15 16 17 ADJOURN The meeting adjourned at 8:41 p.m. Jill Nixon, Minutes Transcription ``STN!`iiCO� proved these minutes on February 10 , 2009. A`:`•�•Vd HgTc .`/2��� WHATCOM COUNTY COUNCIL C o WHATCOM COUNTY WASHINGTON y Dina Bfoi, w .Eour�n'I Clerk 44th Fie ood, Council Chair Whatcom County Council, 1/27/2009, Page 12