HomeMy WebLinkAboutCouncil July 21 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
July 21, 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
Seth Fleetwood
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Fleetwood announced there was discussion with Senior Deputy Prosecutor
Karen Frakes and attorney David Bricklin regarding pending litigation (AB2009-
018) in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
Caskey- Schreiber moved to approve the Minutes Consent items.
Motion carried 7 -0.
1. REGULAR COUNTY COUNCIL (AFTERNOON SESSION) FOR JUNE 23, 2009
2. REGULAR COUNTY COUNCIL (EVENING SESSION) FOR JUNE 23, 2009
3. BOARD OF HEALTH FOR JUNE 30, 2009
4. COMMITTEE OF THE WHOLE FOR JULY 7, 2009
OPEN SESSION
Brady Webb, 7464 Olsen Drive, Glacier, submitted and read from his testimony (on
file). He thanked the Council for not approving mini - initiative proposed by Brett Bonner.
Reconsider removing the Columbia Valley urban growth area (UGA).
(Clerk's Note: The speaker following Brady Webb requested that his /her testimony
not be included in the minutes.)
Bob Wiesen, 3314 Douglas Road, Ferndale, stated that when he was on the Planning
Commission, the Planning Commission reviewed all the limited areas of more intense rural
Whatcom County Council, 7/21/2009, Page 1
1
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
development (LAMIRDs), but they called them urban enclaves, small towns, and crossroads.
They used the same criteria. Former Planning Manager Sylvia Goodwin was very critical and
said they have to justify how they draw these boundaries. It's amazing that this staff can
come up with such a different set of information and proposal. It makes no sense to
downzone within those areas. It will potentially increase pressure on five -acres lots outside
the boundary. He asked whose quality of life they are protecting. They have rural people
who aren't going to be city people. They are going to look for places where they can be
rural. Some people would be happy with one and two acre lots if they're available. If they
aren't available, those people will have to live on five -acre tracts. This thing makes no
sense.
Also, they are not using the 1990 criteria. They are taking out businesses along the
Guide Meridian that have been there for 30 or 40 years. Last year, the Planning
Department was supposed to work on nonconforming uses. It indicated that those
nonconforming uses already allowed were too generous. Often, they allowed some of them
to expand. However, staff didn't think the nonconforming issue was significant when it
came out to the public. It is very significant. He asked why they would make existing
things nonconforming when they don't have to.
Dennis Jones, 142 Windward Drive, Sudden Valley, stated one issue is the urban
growth area (UGA) versus the LAMIRD. The 1990 Growth Management Act is a very
complex issue. The Columbia Valley discussion and debate was very good. The Council
made good decisions. He doesn't know of any County Council better than this one. They
have made a great start on Lake Whatcom protection. They need to do more.
PUBLIC HEARINGS
1. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON HAXTON
WAY FROM SLATER ROAD TO KWINA ROAD (AB2009 -284)
Fleetwood opened the public hearing and the following people spoke:
Henry Cagey, Lummi Nation Chairman, stated he supports lowering the speed limit.
Richard Jefferson, Lummi Nation Planning Director, stated he supports lowering the
speed limit. The trail design requires a lower speed limit. If they don't lower the speed
limit, either redesign this section of the road or get their money back. This short section of
road has had a number of fatalities. Pedestrians must get off the road and onto sidewalks,
where they'll be safer. The request is to build a detached bicycle and pedestrian path from
Kwina Road to the Shell Station at Slater Road.
Crawford asked why the Tribe created a 35 miles per hour design on a road that is
50 miles per hour. Jefferson stated the reason had to do with funding and Army Corps of
Engineers requirements to not fill wetlands. This was the design the Tribe and County came
up with.
Cagey stated there is a safety issue on this road. Many people walk on that road.
There is no sidewalk. Many Lummi Island people speed down that road when trying to
catch the ferry.
Fleetwood stated he acknowledges the condition of the road and the dangers of
higher speeds.
Whatcom County Council, 7/21/2009, Page 2
1
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
Caskey- Schreiber stated the Public Works Committee doesn't support the
recommendation from the County Engineer. The Committee voted to recommend the 35
miles per hour zone. There have been many fatal accidents. The road is getting much
more use. If the Lummi Nation is willing to do enforcement and will enable them to build a
better project, there is no reason to oppose the speed limit.
Hearing no on else, Fleetwood closed the public hearing.
Brenner moved to adopt the ordinance. There have been many complaints about a
lack of pedestrian access. They can't get that access unless they work with the Tribe and
lower the speed limit.
Crawford stated he understands that line of thinking. However, the road meets all
the engineering standards. He would like to see if the Public Works Department can work
with the Tribe on this application for this project. The Council has received input from folks
who are concerned about lowering the speed limit. Lowering the speed limit won't make
people actually drive slower, according to the engineers. The road is designed for 50 miles
per hour, and the cars going this speed are in the 85th percentile. He won't vote for this
ordinance.
Brenner stated engineers are required to provide this kind of study. It has nothing
to do with pedestrian safety, which is the issue. She received only two comments, and they
both said the biggest problem is pedestrian safety.
Caskey- Schreiber stated the speed limit was lowered elsewhere, even though it met
the 85th percentile. Since, there hasn't been any accident. There's no harm in helping the
Tribe build another way for people in their community to get around.
Fleetwood stated the distance between Kwina Road and Slater Road is not great. A
lower speed limit will add only a few seconds for people who are trying to catch the ferry.
Nelson asked the impact of the design and use of the road on properties located
along the road.
Joe Rutan, Public Works Road Engineer, stated one factor in this decision is his
engineer report. It is not the only decision factor. The Council must also listen to what the
community wants. The Lummi Nation has worked very hard on this pedestrian and bike
safety project. The plan to do an offsite trail is in lieu of developing road shoulders on
Haxton Road. He would like to still build those road shoulders for vehicle safety. The
difference in the design has to do with the need for a beam guardrail at a certain location.
That costs money.
Nelson asked if this is a cost saving measure. Rutan stated he is also very
concerned about safety. People drive a comfortable speed, not at the posted speed. People
will drive 50 miles per hour on the road, and they won't have a guardrail. The cost of a
guardrail is about $50,000.
A speed limit of 35 miles per hour will work. The Lummi Nation made many good
arguments for that speed limit. It is their community.
Bill Elfo, Sheriff, stated he can't think of a more dangerous stretch of roadway in the
County involving fatalities, pedestrians, and bicycles.
Whatcom County Council, 7/21/2009, Page 3
1
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
Motion carried 7 -0.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, ON AN
INTERIM BASIS, TO MODIFY THE DATES OF SEASONAL RESTRICTIONS ON
CLEARING ACTIVITIES FROM SEPTEMBER 1 THROUGH APRIL 30 TO
OCTOBER 1 THROUGH MAY 31, AND IMPOSING A DEADLINE ON THE
ISSUANCE OF DEVELOPMENT PERMITS TO TWO WEEKS PRIOR TO THE
SEASONAL CLOSURE DATE IN THE WATER RESOURCE SPECIAL
MANAGEMENT AREAS (AB2009 -314)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to adopt the ordinance.
Weimer reported for the Natural Resources Committee.
Motion carried 7 -0.
3. RESOLUTION ADOPTING A BUDGET AND WORK PLAN FOR THE BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FOR THE
REMAINDER OF 2009 (AB2009 -315)
(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.)
Weimer opened the hearing and the following people spoke:
Don Monfort, 8323 Harborview Road, Birch Bay, stated he thanks the Council for
showing faith in the advisory committee. It is very concerned about how that money is
spent.
Brenner asked if the advisory committee looked at the costs, especially for the full -
time person. Montfort stated they did. It creates options. They are trying to exert
whatever influence they can over the decision. That isn't necessarily where the money will
go, even though it's budgeted. They need input from the Human Resources (HR) Division to
tell them where the job description will fall.
Hearing no on else, Weimer closed the public hearing.
Brenner asked about the job description and the pay scale for the new hire.
Kraig Olason, Public Works Department, stated they reviewed that budget item. He
talked to HR about it. HR has to go through a more thorough review, but it could possibly
be a Planner II range rather than a Senior Planner range. HR said they wouldn't go forward
with any analysis until the budget is established and the position is identified. The dollar
amount depends on the final determination. HR identified the number of years of
experience required for the position, which is three years, based on the Snohomish County
job description. A Senior Planner typically has five years' experience.
Weimer stated another question was related to the percent for personnel benefits,
which is 65 percent of wages. That seems remarkably high. Olason stated the County
Whatcom County Council, 7/21/2009, Page 4
1
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
administration provides that formula. This budget is just through the end of 2009.
Kelly asked if there was discussion in the past about this position being similar to a
North Sound Baykeeper. However, it seems that the position may be more of an
administrative position to handle staff and scopes of work. He asked which this staff would
most resemble. Olason stated two Snohomish County Watershed Stewards attended the
Birch Bay Watershed Aquatic Resource Management (BBWARM) Advisory Committee
meeting last week. They do a lot of one -on -one contact, educational programming, and
provide some onsite technical advice. Those activities are similar. They are not wedded to
the term "watershed keeper" and will probably change it to "watershed steward."
Brenner asked about the potential to contract with the Baykeepers instead of hiring
staff. Olason stated they considered a contract. His department isn't thrilled with the idea
of having to manage a contract. It's a very customized program. If the Board of
Supervisors is set on that option, staff would reconsider. Managing a contract would create
more administrative overhead and provide less control in the field than a staff person. The
BBWARM Advisory Committee discussed it as well. The position would be involved in
sensitive issues. If the position were contracted, it could cause some conflicts.
Weimer stated he wants clarity on the salary amount and benefit range. He moved
to amend the resolution to add language, "BE IT RESOLVED that position will not be
advertised until the Human Resources Division explains the actual wage range and benefit
percentage." Hopefully that won't slow the process. It's a matter of the administration
getting the Council information. Olason stated the administration can't do the review until
the Council tells them it's a real position. The administration reviews and approves what is
advertised, anyway. It may be redundant.
Caskey- Schreiber suggested a friendly amendment hold this item in committee
for two weeks instead and ask the administration to ask the HR Division to explain the
benefits and salary. They need to know what the benefits are and why they are such a high
percentage of the salary. Schedule this item in the Natural Resources Committee and
Council.
Weimer accepted the friendly amendment.
Peggy Leviton, Public Works Department, stated the 65 percent is the Public Works
Department allocation for all its employees. It includes vacation, sick leave, medical,
dental, the County benefit package, unemployment, payroll taxes, and all other payroll
costs.
Dewey Desler, Deputy Administrator, stated the administration can provide the
specific information on the job costs. If the Council is committed to moving forward with
the position, and the staff provides clear assistance identifying tasks, duties, skill levels, and
responsibilities, then the administration can create a draft job description. The
administration will do that and bring it forward at the next meeting.
Motion to refer to committee carried 6 -1 with Crawford opposed.
4. RESOLUTION AMENDING THE 2009 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $29,020
(AB2009 -319)
Whatcom County Council, 7/21/2009, Page 5
1
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
(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.)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Fleetwood moved to approve the resolution.
Motion carried 7 -0.
5. ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND
ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON- STORMWATER
RUN -OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) (AB2009 -320)
Fleetwood opened public hearing and the following people spoke:
Dennis Jones, 142 Windward Drive, Sudden Valley, the poisons they put in surface
water and stormwater are what makes a difference in Lake Whatcom. Everyone realizes
that. To make progress, they get people, such as the people in Sudden Valley, to become
stewards of the lake. Educate those people. A question is how to get Sudden Valley
residents and board members to address this issue. They know what is going into the
stormwater. He asks this County to get together with others, including Sudden Valley, on a
program called Stewards of the Lake, with the County in the lead position. The Sudden
Valley people don't get it yet.
Christina McGinnis, Department of Ecology, stated she thanks County staff for
bringing this forward to meet permit requirements. Consider adding language to section
four to mention the accompanying resolution that directs staff on how to enforce the
ordinance. Also, apply this ordinance to the entire Lake Whatcom watershed, in addition to
the phase two areas. Adopt the interim ordinance before the permit deadline of August 16.
Have staff continue to work through the public process in the next few months to adopt the
ordinance permanently.
Caskey- Schreiber stated modifying this ordinance to include the entire watershed
would delay the process, and they wouldn't meet the August 16 deadline.
Fleetwood stated the Council would have to introduce tonight another ordinance to
cover the entire watershed, and have a public hearing and adopt at the next Council
meeting. Introduce this ordinance as the template with the changes described.
Brenner moved to hold a public hearing in two weeks and include the provision that
this would be adopted with a reference to the resolution regarding enforcement issues and
include the entire watershed.
(Clerk's Note: this item was not voted on during this hearing and discussion. Council
moved the item to the list of Introduction Items.)
Hearing no one else, Fleetwood closed the public hearing.
Pete Kremen, County Executive, stated he commends his staff and the Council for
working on this. It is a very beneficial action. He doesn't want to impede the adoption of
this ordinance. However, it would be prudent for the Council to be briefed on the possible
Whatcom County Council, 7/21/2009, Page 6
1
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
fiscal impacts of the changes. It doesn't do any good to have an ordinance on the books
without some tangible, meaningful enforcement.
Kelly stated he agrees with Executive Kremen. The State agencies may look
favorably at a late adoption if the Council considers adding the entire watershed to the
program. Have a discussion with the administration about fiscal impacts.
Fleetwood stated they can introduce the item, and change it if necessary.
Crawford asked for clarification of the list of items in subsection 3(c). He may want
to add language to item 28, "...uncontaminated water, other than those associated with
natural, organic, and inorganic material indigenous to the area." Elaborate a little more to
indicate that the County doesn't intend to find people who are doing truly innocent things.
Items 24, 25, and the first two items in item 26 are a high level. He's not concerned about
removing lawn clippings. When they are talking about leaves, branches, and bark, he
questions at what point natural conditions are allowed to occur. This is not something they
are using to beat up citizens. Interpret debris, as manmade in item one. Make it clear that
they're addressing negative impacts caused by bad practices and bad behavior by people.
Fleetwood stated make such motions to amend that ordinance at the appropriate
time. They're past that now.
Brenner stated Bill Querhn appreciates that so many things are listed because it
clarifies what the Council is talking about.
Crawford stated he is thinking of the homeowner.
Nelson stated the National Pollution Discharge Elimination System ( NPDES) was
meant for urban areas. Now they're talking about expanding it into rural areas. Many of
those properties are five acres or larger, and include forestry practices. This proposal
prohibits discharges in all places in the Lake Whatcom watershed.
Chip Anderson, Public Works Department, stated the ordinance proposed originally is
for the NPDES phase two areas, which are the urbanized areas and urban growth areas.
The Washington State Department of Ecology (DOE) requested this morning to include the
entire watershed, based on the total maximum daily load (TMDL) study. The list in the
ordinance came from a DOE guide, which really wanted the County to enunciate these items
as they appear in the guide.
Nelson asked if they are going to eliminate forestry practices in the watershed.
Anderson stated that if the Council includes the entire watershed, that could be a potential.
Nelson stated they will eliminate almost all agricultural practices, which are currently
going on in the watershed in rural areas. He would like to know how this connects with
stormwater and the natural progression off land. He doesn't see clarity. He doesn't know
how they would enforce that. He doesn't know the economic impact to the entire
community. Initially, this is worse than septic system regulations or stormwater
regulations. Include a list as examples, but it's too unclear why they would jump from
NPDES areas to 40 -acre properties. Before the Council approves such an ordinance, think
about what it means to the rural lifestyle.
Weimer stated he has specific questions for answering when the permanent
ordinance comes forward. He asked why pipeline hydrostatic test water is included. He is
Whatcom County Council, 7/21/2009, Page 7
1
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
unclear about the conditional discharge section, and whether it's automatic or if someone
has to ask permission.
Brenner asked about discharges with logging. She asked if the Landscape Plan
covers that discharge.
Kelly stated they are trying to second -guess and replace Washington State rule
packages. Forest practices have their own set of rules and regulations, such as what is in
the Clean Water Act. This morning's discussion included a question of why they would do
this without adequate enforcement. He would like to have a discussion on whether the
Council can help the Executive make that enforcement happen. They need more time. He
asked what happens if they're late. They may need to be late. It may be worth being late.
Brenner moved to adopt the interim ordinance tonight as presented in the packet.
McGinnis stated the change focuses only on the ditches and the stormwater system
that runs throughout the Lake Whatcom watershed. It doesn't focus on individual
properties that may hold separate permits for logging or have animals. It's about what
comes off the property and goes into the County system, which will find its way into Lake
Whatcom and affect the reduction of nonpoint sources to the lake, as required by the TMDL
action plan. That's why she asks that the ordinance be expanded to cover the entire
watershed. Many areas besides Hillsdale, Geneva, and the urban growth areas impact the
lake and have many nonpoint sources.
Nelson stated he understands that. The problem is that DOE won't supply
enforcement. Also, people in the community will interpret this to the letter of the law and
report on every little thing. That costs taxpayer dollars for little result. He's already having
discussions with the DOE on the 303(d) listing source studies in rural areas. Those numbers
are exaggerated, in his opinion. The DOE has enough on its plate, trying to support that
information. Also, they are trying to get the public to work in a concerted effort to do the
right thing with the lake instead of hammering them over the head and causing the
taxpayers more grief.
Fleetwood asked if the Council could adopt the ordinance as it is tonight, introduce
an ordinance that would apply to the entire watershed, and have a public hearing on that
ordinance in two weeks. McGinnis stated this is an interim ordinance, so the Council has
time to adopt changes to a final ordinance. If the Council doesn't meet the deadline, it has
an extra 30 days to pass it before it becomes a permit noncompliance issue.
Caskey- Schreiber stated she's not opposed to applying the regulation to the entire
watershed, but she wants to consider whether this list is appropriate for rural areas. She
knows the list is right for the urbanized areas. She wants to discuss how they will enforce it
and what the financial implications may be.
Motion carried 6 -1 with Crawford opposed.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven.
Motion carried 7 -0.
Whatcom County Council, 7/21/2009, Page 8
1
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
(Clerk's Note: Later in the meeting, Council Chair announced that the Council acted
as the Flood Control Zone District Board of Supervisors when approving Consent Agenda
items four and five.)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR WHATCOM HOMELESS SERVICE CENTER
ADMINISTRATIVE SERVICES, FOR THE ADDITIONAL AMENDED AMOUNT OF
$157,500 (AB2009 -322)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -38
TO LOW BIDDER FOSS MARITIME COMPANY FOR ANNUAL DRY DOCK
REPAIRS AND MAINTENANCE OF THE WHATCOM CHIEF, IN THE AMOUNT OF
$170,275 (AB2009 -323)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH RMC ARCHITECTS FOR DESIGN SERVICES FOR THE SILVER
LAKE PARK SHOWER AND RESTROOM FACILITY, IN THE AMOUNT OF
$50,621 (AB2009 -324)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WESTERN WASHINGTON UNIVERSITY
AND THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT TO
PERFORM HYDROLOGIC MODELING OF THE NOOKSACK RIVER TO EVALUATE
VARIOUS CLIMATE CHANGE SCENARIOS, IN THE AMOUNT OF $15,000
(AB2009 -325)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
COOPERATION AGREEMENT BETWEEN THE US ARMY CORPS OF ENGINEERS
AND WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR
REHABILITATION AND SETBACK OF THE HOVANDER PARK LEVEE, IN THE
AMOUNT OF $429,000 (AB2009 -326)
6. RESOLUTION AMENDING CRP #908014 AND AUTHORIZING ADDITIONAL
FUNDS FOR, AND AUTHORIZING THE COUNTY EXECUTIVE TO AWARD A
CONTRACT FOR, HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245
REPLACEMENT TO LOW BIDDER, MAX J. KUNEY COMPANY, IN THE AMOUNT
OF $805,522.40 (AB2009 -327)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH CTED FOR THE BENEFIT OF HOUSING AFFORDABILITY IN
WHATCOM COUNTY (THROUGH KULSHAN COMMUNITY LAND TRUST'S HOME
OWNERSHIP OPPORTUNITIES PROGRAM), IN THE AMOUNT OF $500,000
(AB2009 -330)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO SIGN A
SUBRECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND KULSHAN
COMMUNITY LAND TRUST FOR THE BENEFIT OF HOUSING AFFORDABILITY
IN WHATCOM COUNTY (THROUGH THE HOME OWNERSHIP OPPORTUNITIES
PROGRAM) (AB2009 -330A)
This item was withdrawn from the agenda.
Whatcom County Council, 7/21/2009, Page 9
1
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
OTHER ITEMS
1. RESOLUTION ESTABLISHING POLICIES REGARDING DETECTION AND
ASSESSMENT OF ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS
MATERIALS AND NON - STORMWATER RUN OFF TO THE COUNTY'S
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AND ENFORCEMENT
OF PROHIBITIONS AGAINST SUCH DISCHARGES IN DESIGNATED NPDES
PHASE II AREAS (AB2009 -320A)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution with one of the amendments recommended by the committee to add language to
the resolution, "Be It Further Resolved that the County Council request the County
Executive ensure all enforcement positions existing and budgeted for within PDS are filled,
and report the status of those positions to the County Council every month until positions
are filled."
Crawford stated he doesn't necessarily agree yet with saying they will fill this
position, until he hears about the salary and benefits issues. He asked if Councilmember
Weimer would consider withdrawing the committee amendment and simply make the
request a status update from the administration, without firmly saying this has to be filled.
He supports the resolution, but not with that language.
Brenner moved to amend to remove the committee amendment to add language to
the resolution.
Motion to amend carried 6 -1 with Kelly opposed.
Motion to approve the resolution with no amendments carried 7 -0.
Fleetwood announced that the Council acted as the Flood Control Zone District Board
of Supervisors when approving Consent Agenda items four and five.
2. ORDINANCE ESTABLISHING A YEW STREET ROAD CONSTRUCTION FUND
(AB2009 -316)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she supports having roads in front of schools, but the County has no
business being a purveyor of extraordinary City standard services. The cost will be nearly
$4 million for 1,500 feet of road. There are other, more essential services in crisis.
Postpone this project, or come back with a less fancy design.
Dewey Desler, Deputy Administrator, stated the real estate excise tax (REET) fund
will have about $5 million by the end of the year, after they appropriated all the other items
from that fund. This doesn't hinder any of the other projects the Council approved.
Fleetwood asked if this project assumes that the urban growth area will develop in
that area. Desler stated the area is in the urban growth area, which qualified the project for
federal funding.
Whatcom County Council, 7/21/2009, Page 10
1
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
Fleetwood stated it's possible that area may be removed from the urban growth
area. Desler stated that's a Council decision. He described the history of the area and
school district decision to develop there.
Crawford stated it's not just about the urban growth area. The long term plan from
the Council of Governments is to develop an additional north -south corridor through
Bellingham, other than Interstate 5. This segment from Lake Padden to this school is the
last remaining road section that is not all- weather and does not have shoulders or
improvements. This project was originally supposed to be improved all the way to Samish
Way, but construction costs spiraled and they lost Transportation Improvement Board (TIB)
funding. Also, the school district has had a lot of comment about putting a school in an
area that may not now be an urban growth area. He has a lot of confidence that the City
Council will have a balance of more common sense about that area, beginning in January.
Brenner stated the County has no business develop city -level services. The County
should improve the road, but it doesn't need to do everything planned. Plenty of schools in
Whatcom County have either no sidewalks or only one sidewalk. School zones are 20 miles
per hour, and the sidewalk is on the school -side of the street.
Nelson moved to call the question.
Motion to call the question carried 6 -1 with Brenner opposed.
Motion to adopt the ordinance carried 5 -2 with Kelly and Brenner opposed.
3. ORDINANCE APPROVING 2009 PROJECT BUDGET REQUEST #2 (AB2009-
317)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she is against the motion for the same reason she just stated.
Motion carried 5 -2 with Kelly and Brenner opposed.
4. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $2,624,307 (AB2009 -318)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Caskey- Schreiber stated she would like the administration to provide a detailed
report on the status of the budget, with a comparison of where the shortfalls are. She
would like to get a big picture idea of where they're at. She would like to know where they
are and where they need to be to deal with the next half of the year.
Dewey Desler, Deputy Administrator, stated they are preparing a presentation for
the Finance Committee at the August 4, 2009 meeting.
Motion carried 7 -0.
S. RESOLUTION TO INITIATE AMENDMENTS TO THE SIX YEAR CAPITAL
IMPROVEMENT PLAN (AB2009 -328)
Whatcom County Council, 7/21/2009, Page 11
1
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
Caskey- Schreiber reported for the Planning and Development Committee and
moved to approve the resolution.
Brenner asked why this went to the Planning Committee instead of the Public Works
Committee when it's specifically a capital projects discussion.
David Stalheim, Planning and Development Services Director, stated the capital
improvement program is required to go through the Planning Commission as an element of
the Comprehensive Plan. The traditional route for all amendments that go through the
Planning Commission is to go through the Planning Committee. If any of these capital
improvement program amendments need to go elsewhere, the Council can indicate that.
This is an amendment of the overall Comprehensive Plan and is for the docket, the Planning
Commission, and back to the Council.
Motion carried 7 -0.
Caskey - Schreiber stated the Planning Committee recommends that the Council ask
the administration and Planning Department staff to put forward an option for urban growth
area (UGA) discussions regarding which proposed growth option should go to the
Washington State Department of Community, Trade, and Economic Development (CTED) for
review. She moved to ask the administration to develop a recommendation about which
option it wishes to send to CTED for review.
Fleetwood stated the County Council is concerned about the appearance of
expressing a preference for one alternative before it's finished the public process.
Therefore, the Council asks the Executive and Planning Director choose an option for CTED.
Pete Kremen, County Executive, stated he and the Planning Director would work with
the Council and all municipalities to come up with the best policy that everyone can live with
and that would still generate the best county in the future.
Motion carried 6 -1 with Crawford opposed.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, including the ordinance regarding
illicit hazardous material discharge in the entire Lake Whatcom watershed.
Motion carried 7 -0.
1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION (APL2001-
0009), FILED BY PHILIP BURI ON BEHALF OF THE CONCERNED NEIGHBORS
OF LAKE SAMISH, REGARDING MOTION TO DISMISS (SLEEPY HOLLOW
SUBDIVISION) (AB2009 -321)
2. ORDINANCE TO AMEND TITLE 20; WCC 20.34 RURAL RESIDENTIAL ISLAND;
AMENDMENT WILL REDUCE THE DENSITY AND MAKE OTHER CHANGES TO
THE RRI ZONE FOR LUMMI ISLAND (AB2009 -286A)
3. ORDINANCE TO AMEND TITLE 16; WCC 16.16: AREAS WITHIN THE RURAL
RESIDENTIAL DISTRICT OF LUMMI ISLAND; THE AMENDMENTS ADD A NEW
Whatcom County Council, 7/21/2009, Page 12
1
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
SECTION (WCC 1616.540) TO THE WHATCOM COUNTY CRITICAL AREAS
ORDINANCE REGULATING NEW WELLS ON NORTHERN LUMMI ISLAND
(AB2009 -285A)
4. ORDINANCE AUTHORIZING PLACEMENT OF TEMPORARY STOP SIGNS ON
ABBOTT AND VAN DYK ROADS AT THE INTERSECTION OF THIEL ROAD AND
IMPLEMENTATION OF TEMPORARY WEIGHT RESTRICTIONS ON PORTIONS
OF ABBOTT, THIEL, AND VAN DYK ROADS FOR THE HANNEGAN ROAD SCOTT
DITCH BRIDGE NO. 245 REPLACEMENT PROJECT (AB2009 -304A)
5. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $474,174 (AB2009 -329)
6. ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND
ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON- SOTRMWATER
RUN -OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) (AB2009 -320B)
OTHER BUSINESS
Weimer moved to get an update of vacant and filled enforcement positions at the
same time as the budget update at the August 4 Finance Committee.
(Clerk's Note: The Council did not vote on the motion.)
Crawford stated they don't need a motion on that. The administration would be
happy to respond to a request. It doesn't need to be formalized.
Dewey Desler, Deputy Administrator, stated they will include a report on all positions
in the organization.
Brenner stated her vote against the Yew Street Road project has nothing to do with
the school and children. They could have spent half the money doing a safe upgrade,
without designing it to city standards. It's not the County's job to do that. The County
doesn't have the money. They need money for other essential services, such as a jail.
Crawford stated he will be gone in two weeks and asked the Council Chair for an
excused absence.
Fleetwood excused Councilmember Crawford from meetings on August 4, 2009.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items from councilmembers.
Whatcom County Council, 7/21/2009, Page 13
1
2
3
4
5
6
7
8
9
10
1
1
1
1
1
1
ADJOURN
The meeting adjourned at 9:02 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on September 15 , 2009.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@7.o.whatcorn.wa.us
Whatcom County Council, 7/21/2009, Page 14