HomeMy WebLinkAboutCouncil March 31 20091
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WHATCOM COUNTY COUNCIL
Regular County Council
March 31, 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
Fleetwood announced there w
Transportation Commission mediation
solid waste services (AB2009 -018) in
Whole meeting.
Absent:
None
as discussion regarding Utilities and
and pending administrative hearings on
executive session during the Committee of the
Fleetwood announced there was also discussion regarding potential property
acquisition for the Flood Control Zone District (AB2009 -018) (Council acting as the
Flood Control Zone District Board of Supervisors.)
Crawford moved to authorize County Executive, acting on behalf of Whatcom
County Flood Control Zone District Board of Supervisors, to move forward with and
complete acquisition of two properties in Marietta, as long as the purchase price of each
parcel does not exceed the amount discussed in executive session.
Motion carried 6 -I with Brenner opposed.
SPECIAL PRESENTATION
1. PRESENTATION BY CONSERVATION NORTHWEST ON THE RESULTS OF THE
COMMUNITY VALUES SURVEY THAT WAS COMMISSIONED FOR THE LEGACY
PROJECT (AB2009 -017)
Pete Kremen, County Executive, stated this community cares deeply about quality of
life. Every community makes the same claim, but this community really does place the
highest value and the highest priority on quality of life here. The result of this project will
validate that. He introduced Adam Davis, partner with Davis, Hibbitts & Midghall, Inc., and
described his background. He also introduced Mr. Roger Van Dyken, who initiated this
project.
Whatcom County Council, 3/31/2009, Page 1
1 Roger Van Dyken, Legacy Project, introduced Adam Davis. He thanked the Council
2 for partnering in this project. The project is an important step for the county citizens to
3 describe the future they would like to leave as a legacy for future generations.
4
5 Adam Davis, Davis, Hibbitts & Midghall, Inc. Partner, described the background of his
6 firm. His goal is to deliver valid and statistically reliable information to decision - makers.
7 Community planning is a specialty of his firm. This work provides a baseline for public
8 opinion on the kind of county the public wants in 50 years. In the future, the County can do
9 benchmark studies to see if attitudes change over time. He read from his presentation (on
10 file).
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12 Caskey- Schreiber asked about margin of error and reliability of the study. The
13 confidence rate in this study is 95 percent. She asked how many more people they would
14 have to interview to have a higher percentage. Davis stated that in the field of survey
15 research, a 95 percent confidence rate is as good as it gets. It is a 19 out of 20 chance that
16 these survey results reflect every resident in Whatcom County. Four hundred is a good
17 margin of error. It does not allow him to look at subgroups, however. The margin of error
18 is for the 400 sample. If he wanted to look at a certain age group, for example, the margin
19 of error would be higher because fewer than 400 were surveyed. A survey of 400 is good
20 for a snapshot of the entire population. The document will be available on the County's
21 website tomorrow.
22
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24 OPEN SESSION
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26 Dave Pros, 1466 Roy Road, referenced the Legacy Project results. He originally
27 wanted to talk about the transfer of development rights (TDR) program, and how there are
28 fairness issues. Everyone has worked with their children about instilling a sense of being for
29 the greater good. The TDR Program is for the greater good. They can have a viable TDR
30 Program if the Council is willing to make that happen. Regarding the population projection,
31 the Council must halt to everything that is going on instead of doing it backwards. Ask
32 people what they want. Go to every grange and fire hall. Go to the people and ask what
33 they want the Council to do. Then the Council will have justification for doing what they
34 know is right.
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36 Larry Stoner, 4751 Birch Bay Lynden Road, stated he represents Mr. Gordon Girard
37 regarding Comprehensive Plan docket item 2009 -C.
38
39 (Clerk's Note: End of tape one, side A.)
40
41 Stoner continued to state these are not agricultural soils. Two - thirds of the area is
42 an old sand pit that hasn't been reclaimed. The neighbors deserve a buffer, which this
43 would provide. The applicant is just looking at developing one other lot. He knows the
44 County has a heavy workload. This property was caught in a broad rezone of the entire
45 area. The staff recommends docketing. Approve this docket item.
46
47 Mark Robbins, Point Roberts Lighthouse Society Secretary, submitted and read from
48 a letter regarding a new lighthouse (on file). Support this new privately- funded lighthouse
49 structure in a lighthouse park.
50
51 Johnnie Grames, citizen, stated he's glad he came here. The only way he can keep
52 from being belittled in the official meetings in the minutes is not appearing before the
53 Council. He thought this was significantly important. Following the last speaker, who did
Whatcom County Council, 3/31/2009, Page 2
1 the survey, he glossed over something that's very significant. In the Cascadia Weekly,
2 there's an article that lays out the timeframe of what goes on in this toxic waste pond at the
3 harbor. On one side, Johnson has AIG, and the other side is the Port. The people at home,
4 in democracy, should take a look at this timeline. It's a very complex and confusing issue.
5 There's millions of dollars involved. A lot more money is to come. It's very well done. Here
6 is says, "no public process." There's one exemption that is conspicuous with his absence,
7 which is an ultimate survey where the public gets to vote on an issue. They circulated an
8 initiative petition to put the waterfront on the ballot. The City Attorney went to a Judge,
9 and only he got to vote on it. He threw it out because it wasn't sufficient legalese. The
10 electorate doesn't speak legalese, and they vote councilmembers and judges into office. He
11 asked how they can be confused in a democracy.
12
13 Dennis Jones, 1487 Sudden Valley, his issue is Lake Whatcom and the entire county.
14 He understands there is a moratorium against cluster subdivisions in the Lake Whatcom
15 watershed. Clustering is a method to achieve economic, ecological, and community goals.
16 If clustering, one has to leave an amount of open space. Otherwise, they pay more.
17 Clustering in rural residential doesn't do that. Therefore, he is against a countywide
18 moratorium on clustering. He is also against designating Paradise as a limited area of more
19 intense rural development (LAMIRD).
20
21 Julie Carney, Bellingham, stated she owns property on Lincoln Road. She asked the
22 Council to docket item 2009 -A regarding the Blaine to Birch Bay urban growth area (UGA):
23 Lincoln Road. She would like to develop her property. She owns 15 acres. She and her .
24 neighbors would like their total 80 acres designated as a short -term planning area. She
25 submitted a new application, which the Council doesn't have a copy of. They want to
26 develop a senior community.
27
28 Brenner stated the Planning Director said this area will be considered in the
29 environmental impact statement (EIS) process, which is why it shouldn't be a separate
30 docket item. It should be done by the end of the year. Carney stated she will hire Doug
31 Robertson to help her. She really wants to be placed on the docket.
32
33 Lesa Starkenburg - Kroontje, Lynden, stated she represents Concrete Nor'West
34 regarding Comprehensive Plan docket item 2009 -F regarding Forestry to Mineral Resource
35 Land. She described the project. The current Comprehensive Plan, which is the Council's
36 guiding document for making this decision, includes Goal 8P of the mineral resource
37 element. She read the goal and the County's 2005 policy 8P -1, which implements that goal.
38 Docketing this request allows the Council to review the request as it relates to these goals
39 and policies in the Comprehensive Plan. Whatcom County does not have enough
40 commercial aggregate for future needs. The 1999 and 2003 studies determined that there
41 is a 15 to 20 year supply, at best. That was six years ago. Quality aggregate is where it is.
42 In 1997, the Saxon deposit was designated as a mineral resource land (MRL) to the
43 property boundaries then owned by an owner who was interested in the MRL designation.
44 Expand that area to include additional area where the mineral deposit does lie, but wasn't
45 included in 1997 because of the ownership issues. The location is strategic within the
46 county. It has not been a high - volume site. The jobs it provides have been important.
47 This site provided the material for the Park Road rebuild and the State Route 9 project. It's
48 compatible with other resources. The water table is very low below the site. There is not
49 an agricultural area or soils. This is an overlay, so it will return to forestry use. Docketing
50 will allow this project to proceed. Planning staff. indicated that they do have the time to
51 consider it this year.
52
Whatcom County Council, 3/31/2009, Page 3
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Dan Cox, Concrete Nor'West Environmental and Land Use Manager, stated he asks
the Council to docket Comprehensive Plan docket item 2009 -F, regarding Forestry to
Mineral Resource Land. This issue merits further discussion. During today's committee
meeting, the committee members who voted against this docket item didn't voice any
significant or substantive objections. They have spent considerable time and resources
developing this proposal. Take a closer look at this, and docket this item to allow more
detailed discussion. The MRL doesn't allow anything to happen on the ground. There is an
extensive, exhaustive permit process once designation occurs. The previous owner, a
timber company, got rid of the property because it's not a productive timber - growing site.
It has a young stand of Douglas Fir. It has been logged. The site is better for resource
potential. The previous owner advertised the property as 40 -acre hobby farms, due to
topography. Had they not purchased the property, it would have been purchased by
smaller landowners interested in residential development on 40 -acre lots consistent with the
density for commercial forestry. Allow this site to be used for mineral resource use,
followed by a return to commercial forestry land.
Brad Barton, Concrete Nor'West Vice - President and General Manager, stated he asks
the Council to docket Comprehensive Plan docket item 2009 -F, regarding Forestry to
Mineral Resource Land. His business has been doing business for over 60 years. They
employ about 25 people in Whatcom County. They are family wage jobs. The Saxon site
request is for an MRL overlay on 280 acres. The reserve is about five million tons. This is
an important future reserve. This is a very high quality deposit of sand and gravel, verified
by Whatcom County's geologist. It is adjacent to an existing mining site. This mine site
can be mined and reclaimed successful and in segments to a forest used. Whatcom County
consumes over two and a half million tons annually, based on State averages and current
studies. This use won't slow. Over 50 percent of this annual consumption goes to
transportation - related projects in Whatcom County. Do the right thing, and protect future
reserves of mineral resources. Approve the MRL overlay request.
Bob Wiesen, 3314 Douglas Road, stated he is against docketing the Comprehensive
Plan docket item 2009 -H regarding lot consolidation on rural lands. The important part of
planning is to set aside resources for the future. Gravel will be a more important need in
the future. The price goes up when those that have it realize it will be in short supply. As a
county taxpayer, he knows the County uses a lot of that resource. He's worried that it will
cost him more money if they don't have the resource readily available. He is paying more
for the gravel he needs now because they don't have a projected long -term supply. The
City of Bellingham wants the City to limit rural growth, but will not provide a reliable land
supply for single - family homes or affordable housing, which creates pressure on areas like
Birch Bay and Columbia Valley. Bellingham's UGA is large, but can't be used without water
and sewer services, available only through annexation. Clustering in rural forestry has
more plusses than minuses.
Michelle Newell, 6020 Truck Road, Deming, stated she is about to lose her home. It
won't make it through the next flood. Hopefully, they won't be in the home. She wants
someone to establish a plan for her if something happens. She pays County taxes. She
asked why no one wants to give her any kind of advice. No one is telling her anything. She
asked if the County has a policy to not protect the lives and properties of the citizens of
Whatcom County.
Brenner stated she sent emails to Ms. Newell about contacting different places. She
asked if Ms. Newell contacted those places. Newell stated it all refers back to the County.
If the County doesn't ask for help, the Federal Emergency Management Agency (FEMA) will
not commit.
Whatcom County Council, 3/31/2009, Page 4
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Brenner stated the County asked for help from FEMA. Newell stated FEMA refers to
the Army Corps of Engineers, which would like to do a project. Their hands are tied until
the River and Flood Division asks them.
Roger Bajema, 792 E. Badger Road, Lynden, stated he attended meetings regarding
the county citizen survey. The people at the meetings didn't own one -half of one percent of
the real estate in Whatcom County. Some of the questions asked of people about what they
would like weren't practical. They didn't have anything with keeping business and a tax
base in the county. The meeting attendees didn't accurately represent the actual spectrum
of citizens of the county. Most rented an apartment or were students at Western
Washington University. He's lived in Whatcom County for 65 years. Consider who
participates in the survey when considering it.
Crawford stated that the survey presented at this meeting was not the same as the
survey in which Mr. Bajema participated. However, Mr. Bajema's point is well- taken.
PUBLIC HEARINGS
1. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION TO
THE WHATCOM COUNTY PARKS DEPARTMENT - REQUEST #TR2009 -01
(AB2009 -144A)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Caskey- Schreiber moved to approve the resolution.
Motion carried 7 -0.
2. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION -
REQUEST #TR2009 -02 (AB2009 -145A)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution.
Motion carried 7 -0.
3. ORDINANCE REGARDING INSTALLATION OF STOP SIGNS ON VISTA DRIVE
AT THE INTERSECTION OF BROWN ROAD (AB2009 -155)
Fleetwood opened the public hearing, and the following people spoke:
AI Ostrander, 6739 Vista Drive, stated this is one of the top ten worst intersections in
the county. Five years ago, they convinced the County to reduce the speed limit. Someone
complained that the road was too slow, and the limit was raised back up to 45 miles per
hour. It is a horrendous accident spot. The statistics don't reflect the near - misses. People
end up in the ditch, and he pulls them out with his tractor. Those cases aren't reported. He
really wants a stop sign at this intersection. They contacted everyone within a mile of that
intersection. Three people refused to sign a petition in favor of a stop sign, but they didn't
express opposition to having the stop sign. They just didn't want to sign a petition. He
Whatcom County Council, 3/31/2009, Page 5
1 personally contacted the person who complained about the speed limit last time and told
2 him about this meeting, but he isn't here.
3
4 Rusty Hyde, 6722 Vista Drive, stated he's only lived there a couple of years, but has
5 attended several very bad accidents. It's only a matter of time until someone else dies at
6 that intersection. He supports installation of stop signs at this intersection.
7
8 Hearing no one else, Fleetwood closed the public hearing.
9
10 Brenner moved to adopt the ordinance. The Public Works Department and Sheriff's
11 Office both recommend approving this ordinance.
12
13 Motion carried 7 -0.
14
15 4. ORDINANCE REGARDING CHANGING THE SPEED LIMIT ON A PORTION OF
16 VISTA DRIVE (AB2009 -156)
17
18 Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
19
20 Brenner moved to adopt the ordinance.
21
22 Nelson asked the location of the speed changes.
23
24 Joe Rutan, Public Works Department, described where the speed limit changes would
25 occur.
26
27 Caskey- Schreiber asked if they can at some point also get Birch Bay Drive down to
28 25 miles per hour all year. Rutan stated staff is working on that item, and will submit the
29 item to the Council soon.
30
31 Motion carried 7 -0.
32
33 5. ORDINANCE AUTHORIZING PLACEMENT OF STOP SIGNS FOR A ONE -LANE
34 ROAD AND FUTURE ROAD WEIGHT RESTRICTIONS (IF REQUIRED BY
35 CHANGING CONDITIONS) ON EMERALD LAKE WAY AT EACH END OF A
36 LANDSLIDE AREA BELOW AND ADJACENT TO THE ROADWAY (AB2009 -092A)
37
38 Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
39
40 Brenner moved to adopt the ordinance.
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42 Motion carried 7 -0.
43
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45 CONSENT AGENDA
46
47 Crawford reported for the Finance and Administrative Services Committee and
48 moved to approve Consent Agenda items one through 11.
49
50 Brenner stated she thanks Executive Kremen for figuring out how to help the food
51 bank.
52
53 Motion carried 7 -0.
Whatcom County Council, 3/31/2009, Page 6
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1.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD THE
3
BID AND ENTER INTO A CONTRACT WITH SINGLE SOURCE BIDDER, THE
4
BELLINGHAM HERALD, FOR OFFICIAL PRINTING SERVICES (AB2009 -164)
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6
2.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FOOD
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BANK FOR THE COLLECTION, WAREHOUSING AND DISTRIBUTION OF FOOD
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TO LOCAL FOOD BANKS IN THE AMOUNT OF $50,000 (AB2009 -165)
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3.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO EXECUTE
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SUPPLEMENT #1 TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
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COUNTY AND THE CITY OF BELLINGHAM FOR THE DESIGN AND
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CONSTRUCTION OF WEST ILLINOIS STREET AND TIMPSON WAY (AB2009-
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166)
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4.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND ESA ADOLFSON, INC. FOR
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CONSULTANT SERVICES FOR THE BIRCH BAY WATERSHED ACTION PLAN IN
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THE AMOUNT OF $26,000 (AB2009 -167)
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5.
REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND COLUMBIA VALUATION
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GROUP, INC. FOR THE PURPOSE OF ESTABLISHING THE VALUE OF
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CONSERVATION EASEMENT PURCHASES FOR FARMLAND PRESERVATION IN
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THE AMOUNT OF $20,000 (AB2009 -168)
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6.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -10
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AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LOW
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BIDDER IMAC FOR THE UPGRADE OF THE EXHAUST SYSTEM AT CENTRAL
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SHOP IN THE AMOUNT OF $135,301.05 (AB2009 -169)
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7.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -17
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FOR THE ANNUAL DELIVERY AND SUPPLY OF ASPHALTIC MIXES IN THE
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AMOUNT OF APPROXIMATELY $85,000 - PUBLIC WORKS WILL AWARD ALL
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BIDS AND SELECT THE VENDOR THAT HAS THE BEST VALUE BASED ON
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PRICE AND COST TO TRANSPORT TO JOB SITE (AB2009 -170)
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S.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO USE WASHINGTON
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STATE CONTRACT TO PURCHASE THE ANNUAL SUPPLY OF GLASS BEADS FOR
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TRAFFIC MARKING PAINT FROM VENDORS, ALPINE PRODUCTS, INC. AND
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POTTER INDUSTRIES IN THE ESTIMATED AMOUNT OF $77,000 (AB2009-
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171)
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9.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -94
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TO LOW BIDDER, NORTHWEST PUMP AND EQUIPMENT, FOR THE SUPPLY OF
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AN ABOVE GROUND FUEL STORAGE TANK AND PUMP STATION FOR
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DISPENSING BIODIESEL FOR COUNTY VEHICLES IN THE AMOUNT OF
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$179,264.45 (AB2009 -172)
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10.
REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
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CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL FOR
Whatcom County Council, 3/31/2009, Page 7
1 SHELTER PLUS CARE HOUSING IMPLEMENTATION SERVICES AND MASTER
2 LEASE HOUSING IN THE AMOUNT OF $86,763 (AB2009 -173)
3
4 11. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO
5 YEARS OLD (AB2009 -174)
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8 OTHER ITEMS
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10 1. ORDINANCE REPLACING WCC 1.14 (IN ITS ENTIRETY), DESIGNATING THE
11 WHATCOM COUNTY VOTING PRECINCTS BASED ON NEW ANNEXATIONS,
12 LANGUAGE UPDATES AND CORRECTIONS TO BOUNDARY DESCRIPTIONS
13 (AB2009 -152)
14
15 Crawford reported for the Finance and Administrative Services Committee and
16 moved to adopt the ordinance.
17
18 Motion carried 7 -0.
19
20 2. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, THIRD
21 REQUEST, IN THE AMOUNT OF $720,867 (AB2009 -153)
22
23 Crawford reported for the Finance and Administrative Services Committee and
24 stated the Committee approved amending the ordinance to withdraw Economic
25 Development Council (EDC) funding from the ordinance. They would like to talk about that
26 funding with Mr. Desler in two weeks. He moved to amend the ordinance to remove the
27 EDC funding.
28
29 Motion to amend carried 7 -0.
30
31 Crawford moved to adopt the ordinance as amended.
32
33 Nelson asked about the night vision equipment purchase. The military uses a less
34 expensive model that works adequately. He asked if it would be better to have a lower cost
35 model for each deputy vehicle rather than waiting for a deputy to show up with a more
36 expensive model.
37
38 Bill Elfo, Sheriff, stated the purpose of this equipment is very specific. It is part of
39 the critical infrastructure protection initiative. The special response team will be the primary
40 user of the equipment. They have other night vision equipment with a lower capacity to
41 other deputies. They get the equipment directly.
42
43 Nelson also asked about the extension of the water resource inventory area (WRIA)
44 funding. He asked who is responsible for implementation.
45
46 David Stalheim, Planning and Development Services Department Director, stated
47 County Planner Peter Gill will be responsible for implementation.
48
49 (Clerk's Note: End of tape one, side 8.)
50
51 Stalheim continued to state that these funds are a continuation of funding for a
52 project that didn't get done in 2008.
53
Whatcom County Council, 3/31/2009, Page 8
1 Brenner asked the Council to consider not approving the second contract for jail
2 siting. She wants the jail sited as soon as possible. However, the Council received
3 inaccurate information from the consultant. This is an expensive project. Don't continue
4 with the same consultant. She moved to remove that item from the ordinance.
5
6 Motion to amend failed I -6 with Brenner in favor.
7
8 Motion to adopt as amended carried 6 -I with Brenner opposed.
9
10 3. RESOLUTION AMENDING THE 2009 WHATCOM COUNTY FLOOD CONTROL
11 ZONE DISTRICT BUDGET, SECOND REQUEST, IN THE AMOUNT OF $54,000
12 (AB2009 -154) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
13 BOARD OF SUPERVISORS)
14
15 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
16 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
17 of the meeting.)
18
19 Crawford reported for the Finance and Administrative Services Committee and stated
20 there is no committee recommendation.
21
22 Weimer moved to approve the resolution.
23
24 Brenner asked why it is funded from the flood fund.
25
26 Frank Abart, Public Works Department Director, stated these are pass- through funds
27 from the State, passing through the flood fund budget, rather than having lots of little
28 budgets.
29
30 Motion carried 7 -0.
31
32 4. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
33 AMENDMENTS FOR 2009 (AB2009 -178)
34
35 Weimer reported for the Natural Resources Committee.
36
37 Docket # 2009 -C: Ag. to Rural (60 acres on Paradise Road
38
39 (Clerk's Note: There was no motion to docket.)
40
41 Motion to docket failed 2 -5 with Crawford and Nelson in favor.
42
43 Docket # 2009 -E: Mineral Resource Overlay Removal (4.41 acres near Maple Falls
44
45 (Clerk's Note: There was no motion to docket.)
46
47 Nelson asked whether the property owner also owns the mineral rights.
48
49 Fleetwood stated the property owner does also own the mineral rights.
50
51 Brenner stated that if the property owner also owns the mineral rights, he doesn't
52 have to mine his property if he doesn't want to. The owner was concerned that someone
Whatcom County Council, 3/31/2009, Page 9
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would develop the mineral resources on his property without his permission, but they can't
without his permission.
Fleetwood stated the owner understands all this, and still wants this item docketed.
Crawford stated the Council is just docketing this item, not making a decision on it.
Brenner moved to hold in Council.
Motion failed 1 -6 with Brenner in favor.
Motion to docket carried 7 -0.
Docket # 2009 -F: Forestry to Mineral Resource Lands (280 acres near Wickersham)
(Clerk's Note: There was no motion to docket.)
Brenner stated there is no better location than this. It is almost surrounded by
commercial forestry. There is little possibility of anyone living nearby. There are already a
lot of gravel trucks on Highway 9, a State highway.
Caskey- Schreiber stated she would support docketing this item, but isn't sure if she
will approve it in the end, depending on whether the location really is appropriate.
Fleetwood stated Whatcom County has a bad history of reclamation. There isn't a
single example of good reclamation. This is 280 acres of trees. There is at least a 15 -year
supply of mineral resources.
Nelson stated there are limited mineral resources available in the East County.
Transportation costs have gone up. Stay away from residential uses when establishing
mineral resources lands. Forestry land is appropriate for that use. If there is better access,
forestry practices are easier to maintain.
Crawford stated he will arrange a tour of successful reclamation projects.
Kelly stated he is against the item, which converts forestry land. The site was
logged 15 years ago. He's not convinced that the South Fork Valley is the best place for
such a large gravel mining operation. However, if docketed, the Council will get more
information. He's also concerned about traffic, and how many gravel trucks will run through
Acme each day. The traffic in that area of the county is already overwhelming.
Motion to docket carried 5 -2 with Kelly and Fleetwood opposed.
Caskey- Schreiber reported for Planning and Development Committee regarding
docket items A, B, and D.
Docket # 2009 -A: Blaine UGA to Birch Bay UGA (Lincoln Road west of Blaine Road)
Caskey- Schreiber moved to not docket this item.
Brenner stated the better way to deal with this is through the process. they're doing
now, so they don't duplicate efforts by separating it out. They will look at individual
properties as they do the environmental impact statement (EIS). It will be discussed.
Whatcom County Council, 3/31/2009, Page 10
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2 Crawford stated this is a difficult decision. There aren't many places where two
3 urban growth areas are touching each other. The owner doesn't care if she's in the Blaine
4 or Birch Bay UGA. The owner is concerned that the area will be a long -term planning area.
5 The property across the street is a short-term planning area with water and sewer service.
6 When the Lincoln Road is put through to Blaine Road, all the people on the north side will
7 have an urban level of traffic, and will want to develop. For now, it's not the right time to
8 make this change. Let some time pass, until the road is complete. They can review this in
9 the future.
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11 Brenner stated there is a lot of support for this item in Birch Bay. Everyone agrees
12 that the road needs to be built. If there is development on both sides, that development
13 pays a lot of the cost for that road. She doesn't want to wait until after the road is built.
14 She doesn't like the idea of roads separating urban from rural. The logical separation is the
15 lot line on the other side.
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17 Fleetwood restated the motion in the positive, to docket this item in 2009.
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19 Motion failed 0 -7,
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21 Brenner stated she is looking forward to this item through the EIS.
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23 Docket # 2009 -B: Bellingham UGA Expansion (Smith /Guide Meridian)
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25 (Clerk's Note: There was no motion to docket this item.)
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27 Motion to docket failed 2 -5 with Nelson and Crawford in favor,
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29 Docket # 2009 -D• Bellingham UGA Expansion (Columbia Avenue)
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31 Caskey- Schreiber stated that since they are in the midst of discussing the possibility
32 of changing the Geneva urban growth area (UGA), it's bad timing to add a higher level of
33 density to an area where they're trying to lower density.
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35 Brenner stated that this item will also be reviewed through the EIS.
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37 Crawford stated this line was drawn by Mr. McShane as the lots that had potential for
38 development, as opposed to lots that were already developed. This only happened a few
39 years ago. The reason it was probably done was because there was one more potential lot
40 to be developed. It's a difficult situation. He is in favor of this item. In the grand scheme
41 of things, it won't make much difference. He is sympathetic to Mr. Stalheim's staff issue,
42 but someone is willing to come forward with fees to pay for the review. Staff will probably
43 find that the line should have been drawn straight. Those lines go all over the place,
44 depending on where development had occurred versus where it hadn't occurred.
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46 (Clerk's Note: There was no motion to docket this item.)
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48 Motion to docket failed 1 -6 with Crawford in favor,
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50 Caskey- Schreiber reported for Planning and Development Committee and moved
51 to docket items G, H, I, and an additional zoning amendment.
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53 Docket # 2009 -G: 10 -Year UGA Review and Revision (County -wide)
Whatcom County Council, 3/31/2009, Page 11
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2 Motion to docket carried 7 -0.
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4 Docket # 2009 -H: Lot Consolidation (County -wide)
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6 Brenner stated she is concerned that lot consolidation is detrimental to dairy
7 farmers. Even with the best intentions, this action will make the farmers feel distrustful of
8 the County. She doesn't want the farmers to sell their property. If they forward this item,
9 call it "lot consolidation incentives" instead. The farmers said this morning that having
10 adjacent lots gives them more equity for loans to keep farming.
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12 Crawford stated he agrees with Councilmember Brenner. He would like more
13 information about the real impact to ownership. This will hurt the dairy folks, who are
14 trying to look for relief from the Council. The corporate laws in Washington protect against
15 this intrusion. They will see an explosive number of people filing for LLC status to prevent
16 their lots from being consolidated. This will have no practical impact. He is against
17 consolidating the land that belongs to farmers, especially after listening to their
18 presentation earlier today. Lot consolidation would diminish their lands' values.
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20 Fleetwood stated he learned about this idea of lot consolidation late in the year and
21 close to the zoning text amendment deadline. He proposes a system that is like Skagit
22 County's system, which has a much better history of stopping rampant building in rural
23 lands than Whatcom County's system. Whatcom County rural areas are rampantly being
24 built in. Many people believe they should reduce density potential outside urban areas.
25 This is one possibility that might increase their toolkit and give the County additional ways
26 to combat that development. He's simply asking that it be reviewed. Staff recommends
27 approval.
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29 Caskey- Schreiber stated they talked about the creation of transfers of development
30 rights (TDR's) and using the purchase of development rights program (PDR) more often. To
31 really help the farmers, bond the conservation futures fund and accept more applications for
32 the PDR program. That would put money in the hands of those farmers within a year. She
33 doesn't advocate taking away development rights. The only justification for taking away
34 development rights is when public health and safety is involved, such as around the
35 watershed. That's not appropriate for rural lands. They must have many options. She had
36 hoped the agricultural program docketed two years ago would provide those options. There
37 is no attempt to decimate farms by removing the value of their equity.
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39 Nelson stated he disagrees with lot consolidation. Consolidation and other similar
40 measures will destroy agriculture. Incentives may work. They create urban densities
41 whenever they put a cluster of people within a rural area. That creates problems. Skagit
42 County is also losing dairy farms. He would be willing to evaluate the effectiveness of lot
43 clustering and reducing impacts to agriculture, forestry, and a rural lifestyle.
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45 Fleetwood stated those are the sorts of things that would be studied if reviewed.
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47 Kelly stated that councilmembers aren't disregarding the comments from the
48 agricultural community by moving this forward. One speaker from Skagit County said this
49 worked well in Skagit County. They don't intend to slight the dairy industry.
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51 Crawford stated they are moving in the wrong direction if they want to help
52 agriculture. This would diminish land value. The speaker from Skagit County represents
Whatcom County Council, 3/31/2009, Page 12
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Futurewise. If the Council can't say clearly what the perceived outcome will be, they
shouldn't present it to the Planning staff as a work item.
Fleetwood stated they are clearly asking staff to review the Skagit County model.
Crawford stated that if the dairy folks support this, he will change his mind.
Brenner stated that they could send this to the dairy community for their review
rather than approve it tonight.
Fleetwood stated this is being docketed for review, not approved.
Nelson stated this action will add more work for the dairy farmers, who expressly
said they didn't want more legislative work to do.
Motion to docket carried 4 -3 with Crawford, Brenner, and Nelson opposed.
Docket # 2009 -I: Public Recreation to Rural (Geneva UGA)
Motion to docket carried 7 -0.
Caskey- Schreiber moved to docket zoning amendment ZON2006- 00005.
Motion carried 7 -0.
(Clerk's Note: The Council voted on the resolution in it's entirety later in the
meeting, below.)
5. REQUEST CONFIRMATION OF COUNTY EXECUTIVE APPOINTMENT OF BRIAN
CIESLAR TO THE WHATCOM COUNTY AGRICULTURAL ADVISORY COMMITTEE
(AB2009 -182)
Brenner moved to approve the request.
Motion carried 7 -0.
6. REQUEST CONFIRMATION OF COUNTY EXECUTIVE OF APPOINTMENT OF
DAVID WRIGHT TO FILL THE DISTRICT -AT -LARGE POSITION ON THE PARKS
AND RECREATION COMMISSION (AB2009 -183)
Nelson moved to approve the request.
Motion carried 7 -0.
INTRODUCTION ITEMS
Brenner moved to approve the Introduction Items.
Crawford stated many people are working with the Planning Director and staff on
Introduction Item six. He hopes the Council remains open- minded and flexible about this
issue. The document could evolve over the next week or two.
Whatcom County Council, 3/31/2009, Page 13
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Motion carried 7 -0.
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1.
RESOLUTION APPROVING MODIFICATIONS TO THE 2008 WHATCOM
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COUNTY COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE PLAN
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(AB2009 -184)
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ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.170 TO CLARIFY
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PROCEDURES FOR THE "MINI- INITIATIVE ", AND WHATCOM COUNTY CODE
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1.08.090, "PETITION - REQUIRED NUMBER OF SIGNATURES ", TO AMEND
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THE LANGUAGE OF SO THAT EACH CONFORMS TO LANGUAGE USED IN THE
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WHATCOM COUNTY CHARTER (AB2009 -185)
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3.
ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO ADD SECTION
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20.04.075 TO ADDRESS BOUNDARY MAPS FOR THE REGULATED
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WATERSHEDS OF WHATCOM COUNTY (AB2009 -163)
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4.
ORDINANCE AMENDING THE SETBACK REQUIREMENTS OF WHATCOM
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COUNTY CODE, TITLE 20, TO REORGANIZE AND RELOCATE SETBACK
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STANDARDS FOR CLARITY OF THE REQUIREMENTS OF EACH ZONE (AB2009-
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175)
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ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO ADOPT
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REGULATIONS WITHIN THE URMX ZONE, MODIFY DEVELOPMENT
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POTENTIAL WITHOUT PUBLIC WATER AND SEWER SERVICE, AND AMEND
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THE CLUSTER SUBDIVISION REQUIREMENTS IN THE UR, URM, AND URMX
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ZONES (AB2009 -176)
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6.
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 21, LAND
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DIVISION REGULATIONS, REGARDING GENERAL PROVISIONS, EXEMPT
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LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT
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SUBDIVISIONS, PRELIMINARY LONG SUBDIVISIONS, FINAL LONG
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SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS (AB2009-
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177)
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ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83.110 TO INCLUDE
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LANGUAGE REGARDING 'REDUCTION OF AREA" IN THE NON - CONFORMING
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USE CHAPTER (AB3009 -179)
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S.
ORDINANCE REPEALING ORDINANCE 98 -075, AMENDMENTS TO THE FLOOD
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CONTROL MAINTENANCE PROGRAM (AB2009 -161) (COUNCIL ACTING AS
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THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
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SUPERVISORS)
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RESOLUTION AMENDING THE RULES GOVERNING MEMBERSHIP,
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VACANCIES, AND MEETINGS OF THE FLOOD CONTROL ZONE DISTRICT
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ADVISORY COMMITTEE AND RECODIFYING THEM FROM WHATCOM COUNTY
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CODE 2.92 TO WHATCOM COUNTY CODE TITLE 100, FLOOD CONTROL ZONE
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DISTRICT (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL
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ZONE DISTRICT BOARD OF SUPERVISORS)
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10.
ORDINANCE AMENDING WHATCOM COUNTY CODE 2.78, SOLID WASTE
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ADVISORY COMMITTEE (AB2008 -343)
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Whatcom County Council, 3/31/2009, Page 14
1 11. ORDINANCE ADOPTING THE WHATCOM COUNTY LUMMI ISLAND SUBAREA
2 PLAN (AB2009 -088A)
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5 OTHER BUSINESS
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7 Weimer stated George Boggs has asked the County Council to send a letter of
8 support for a grant application from the Washington Conservation Commission to the
9 National Oceanic and Atmospheric Administration (NOAH) for stimulus money.,to;;work on
10 conservation activities for farmers. The letter is draft, and not completely finishedi
11 X, o.
12 (Clerk's Note: Discussion continued, below.) s, ,
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14 OTHER ITEMS„
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16 4. RESOLUTION INITIATING COMPREHENSIVE PLAN ANDZONING
17 AMENDMENTS FOR 2009 (AB2009 -178)
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19 (Clerk's Note: Continued from above.)
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21 Motion to approve the resolution with the approved items carried 5 -2 with
22 Brenner and Crawford opposed.
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24 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
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26 Crawford stated there is a stakeholder meeting for the mental health and substance
27 abuse sales tax tomorrow. Ideally, they would decide which programs would get additional
28 funding to expand. However, they received news this week that the Health Department is
29 losing $2 million in this biennium.
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31 (Clerk's Note: End of tape two, side A.)
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33 Crawford continued to state that the meeting discussion about where that money will
34 go will be interesting.
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36 Brenner stated she doesn't agree with cutting funding to essential services, when
37 other services are being funded that aren't critical to life and safety.
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40 OTHER BUSINESS
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42 (Clerk's Note: There was not motion to send the letter.)
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44 Motion to send a letter of support for a grant application from the Washington
45 Conservation Commission to the National Oceanic and Atmospheric Administration (NOAA)
46 for stimulus money to work on conservation activities for farmers carried 7 -0.
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48
Whatcom County Council, 3/31/2009, Page 15
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ADJOURN
The meeting adjourned at 9:28 p.m.
Jill Nixon, Minutes Transcription
X11111111111 & /ppproved these minutes on April 28 , 2009.
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Whatcom County Council, 3/31/2009, Page 16