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WHATCOM COUNTY COUNCIL
Regular County Council
May 26, 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
There were no announcements.
SPECIAL PRESENTATION
Absent:
None
1. COUNTY EXECUTIVE PETE KREMEN TO PRESENT THE "STATE OF THE
COUNTY" ADDRESS (AB2009 -017)
Pete Kremen, County Executive, submitted and read from his presentation (on file).
MINUTES CONSENT
Weimer moved to approve the minutes.
Motion carried 7 -0.
1. BOARD OF HEALTH FOR DECEMBER 2, 2008
2. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 2, 2008
3. REGULAR COUNTY COUNCIL FOR APRIL 28, 2009
4. REGULAR COUNTY COUNCIL FOR MAY 12, 2009
OPEN SESSION
Larry Helm, 2660 East 41St Terrace, Bellingham, stated he is a farmer. Most of the
Drayton Harbor drainage residents who received notification from the County about their
perceived livestock problems have just a few animals on five or more acres. Farm plan
Whatcom County Council, 5/26/2009, Page 1
procedures are expensive for just two horses. County staff aren't farmer - friendly regarding
a maintenance and inspection schedule. More small farmers are just selling their animals.
Science isn't clear that small hobby farmers are cumulatively the cause of creek
pollution. The science used to make enforcement decisions should be clearly identified and
show how it applies to Whatcom County's agricultural acreage. Many other causes should
be identified. Inventory the number of stock in the drainage to determine the ratio of
animal units to accessible pasture acres. A factor in these decisions should be the economic
impact to the County economy for loss of stock. County enforcement staff should receive
more training on agricultural issues. Most new Planning Department staff have no
agricultural experience. Clearly identify the farmer as the problem before sending out any
more enforcement letters. Shellfish drainage at Birch Bay will double the problem until they
solve the underlying cause of pollution.
Dave Pros, 1466 Roy Road, stated stop the 2031 program until the issues that are a
part of that are brought to the citizens. That hasn't been done. Most people think that a
population projection of 256,000 for 2031 is too high. Higher population projections mean
higher taxes for citizens. They have not raised any countywide awareness about these
issues, so few people have attended the citizen meetings. Have the Planning Department
ask the citizens what they want. That will give the County the courage to do the right thing.
Leonard Lindstrom, citizen, stated he wants to share his feelings on the recession.
He spent 20 years getting an education on this problem while in the Navy. He supports the
young man who had enough social schooling to stay on the job. They have done so without
any leadership from their superheroes, who had their heads jammed in a whiskey bottle.
They were painfully aware they had an inverted social IQ. Their young men had a better
social education than their older men, and it was ripping the county apart. They need good
social leadership in all areas. When someone gets hostile, the man in charge is responsible
for helping the person with the hostility problem. Don't ignore hostility problems. They will
snowball, and they will lose the whole show. Work together as a family. Put quality in their
social life. It all begins in the classroom. They can eliminate a lot of habits in the classroom
when they teach and treat children properly.
Russell Weston, 2120 Cody, stated he is the Deputy of the Washington State Grange
in Whatcom County. The Grange brought the end to monopolies, was instrumental in
forming the Food and Drug Administration for healthy food. The Grange is the reason they
have Bonneville Power in Washington State. That was a 30 -year fight. Grangers have been
around for 130 years in this state. They are ready to continue to fight for farmers and
good, healthy food. The Council is driving farms and farmers out of the county with undue
regulations. Currently, consumers buy only two to three percent of their crops locally. This
county has more potential than that. Support Sustainable Connections and healthy food.
Do something about it. The Washington State Grange policy handbook urges lawmakers to
review economic input before implementing regulations that inhibit or affect the agricultural
economy. People who want to participate in the Grange can call him.
Bob Wiesen, 3314 Douglas Road, stated he agrees with Mr. Helm. They need to be
more concerned. The Council says it wants to save farmers and farmland, but it is putting
pressure on small farmers, so they may not survive.
They are in the process of doing the limited areas of more intense rural development
(LAMIRDs). The Planning Commission isn't too concerned about saving all those businesses
that may have been in business before 1990. Mason County made a very strong effort to
be sure everything existing in 1990 stayed in conformity. This is an economic thing also.
Whatcom County Council, 5/26/2009, Page 2
Don't hassle the businesses anymore. When the County makes a business nonconforming,
which means they can't expand, it creates lots of problems.
They must figure out how to keep Gateway Industrial any way they can. There is
justification for it. The Growth Management Act calls for economic development. There are
many reasons to say they zoned that properly. Stand up for keeping that zone the way it
is. Whatcom County needs a tax base. That is one way to keep the tax base.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.20, WHATCOM
COUNTY SHELLFISH PROTECTION DISTRICTS, FOR THE FORMATION OF THE
BIRCH BAY SHELLFISH PROTECTION DISTRICT (AB2009 -245)
Fleetwood opened the public hearing and the following people spoke:
Larry Helm, 2660 East 41St Terrace, Bellingham, stated farmers in the Drayton
Harbor drainage are getting hammered. They are asking for more science. Now they're
going to start another shellfish drainage that will trump all the agricultural rules, because it
will be a new critical area. Go slow on this issue until they see what kind of problems they
have in the creeks, and who is causing them. Don't just blame it all on the farmers.
Bob Wiesen, 3314 Douglas Road, stated he agrees with Mr. Helm. They first need to
straighten out how they are treating the people in the Drayton Harbor watershed. He
doesn't know if the problem in the Birch Bay watershed has been properly defined. Define
the actual problem before applying blanket rules on everything. In the meantime, the
County causes unnecessary pain and suffering to the residents of that jurisdiction.
Hearing no one else, Fleetwood closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance. She supports the ordinance
because the State Department of Health closed the mouth of Terrell Creek in 2008.
Whatcom County is mandated to create a plan to address pollution. It's a State law the
County must obey. They can't ignore a polluted water body, especially one as heavily used
for recreation. They have detected fecal coliform bacteria, which indicates animal waste
that contaminates shellfish. They are also looking at wastewater and agricultural activities.
If they can fix the problems, they can hopefully reopen it for recreational shellfish use.
Brenner stated the County has no choice. State law requires the County to set this
up. How the County sets it up is the important question. What they are doing in Drayton
Harbor isn't working. They are applying a huge hammer, and they aren't going to end up
with the results they want. The farm plans being developed are too restrictive. They need
to revisit what isn't working. She saw lab work done by a reputable lab on water upstream
and downstream of property in Drayton Harbor that showed the effluent leaving the
property is cleaner than what came on their property. The problem is the one - size - fits -all
requirements. They ought to at least be able to track spikes, and find the cause. Those are
the people who need farm plans and to check their septic systems. If small farmers can
show with their lab work that they have cleaner water coming off the property than what
comes on the property, they should be exempted from farm plans. She supports creating
shellfish protection districts, but not a one - size - fits -all regulation.
Weimer stated he is in favor of the ordinance. The Drayton Harbor Shellfish
Protection District has been downgraded again because the numbers are going the wrong
Whatcom County Council, 5/26/2009, Page 3
way, after more than ten years of being a district. The State Department of Health is also
downgrading part of Portage Bay. They need to get a hold on the fecal coliform issue. In
the last couple of years, they started to address the main issues, which are small farms and
septic systems. They have really started to track those things. They are just starting to
see the effects of that effort. Step up and address this so farmers and shellfish farmers can
be successful.
Nelson asked about a comment in Attachment B, Council packet page 296 in the
Agricultural Activities section. He read the section. He asked the location of the agricultural
lands. The zoning is predominantly rural, one unit per ten acres (R10A) and rural, one unit
per five acres (R5A). He asked if the significant impact is from hobby farms, and how many
hobby farms are out there.
Scarlet Tang, Public Works Department, stated those zoned areas are hobby farms.
They don't know yet how many there are. They have identified a number of onsite septic
systems (OSS), but they haven't yet worked on the small farms.
Nelson also asked why agricultural is a major source around Lake Terrell. "There
aren't significant agricultural lands. He asked if there are hay fields. Tang stated there are
alpaca farms in the Terrell Creek watershed. They have seen other livestock such as pigs
and horses. There aren't any major dairies.
Nelson stated most of the area occupied in the Birch Bay Shellfish Protection District
is an urban growth area, which is a significant contributor. He asked why they are saying
agriculture is a significant contributor. Tang stated that it depends on where the farms are
located in proximity to the water bodies and how they are being managed. They are
initiating a microbial source tracking (MST) project with the Environmental Protection
Agency (EPA) in the Birch Bay watershed.
Nelson stated they are just assuming that problems are from agricultural practices.
Tang stated they are, based on what they've seen in other shellfish districts.
Brenner moved to amend the first sentence in the Agricultural Activities section on
page two of Attachment B, Council packet page 296, "In general, Aa significant source of
fecal coliform...."
Nelson suggested language, "A signifleant source of fecal coliform...." They haven't
indicated that the problem from agriculture is significant, compared to other sources. They
don't know where the agricultural uses are located. Tang stated they see this in other
shellfish districts. They are also basing the statement on a State Department of Health
shoreline survey of Birch Bay from 2007 that indicated animal sources as a major issue.
Nelson asked if that survey was specific to livestock. Domestic animals and wildlife
are also identified. Tang stated the wording in the survey is "agricultural activities" as being
significant. The two key sources are wastewater collection and disposal and agricultural
activities.
Brenner amended her motion and moved to amend the first sentence in the
Agricultural Activities section on page two of Attachment B, Council packet page 296, "A
significant source of fecal coliform bacteria is can be livestock manure."
Weimer suggested a friendly amendment to insert the word "potentially."
Whatcom County Council, 5/26/2009, Page 4
Brenner accepted the friendly amendment to amend the first sentence in the
Agricultural Activities section on page two of Attachment B, Council packet page 296, "A
potentially significant source of fecal coliform bacteria is can be livestock manure." She
asked if the State said that agricultural activities are a significant source of these pathogens
specifically, or pollution in general. Tang stated they are talking about fecal coliform
bacteria.
Motion to amend carried 6 -1 with Kelly opposed.
Motion to adopted as amended carried 7 -0.
(Clerk's Note: End of tape one, side A.)
2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON BIRCH BAY
DRIVE AND HARBORVIEW ROAD (AB2009 -201A)
Fleetwood opened the public hearing and the following people spoke:
Patricia Alesse, 4825 Alderson Road, stated leave the speed limit at 20 miles per
hour in the summer. It is slow, and there is so much more traffic in the summertime. A
speed limit of 35 miles per hour in the winter is fine. She looks forward to the speed limit
going up in the winter.
Patrick Alesse, 4825 Alderson Road, submitted and read his comments (on file).
Keep the 25/35 speed limit along the road. He surveyed people in 2007, 2008, and 2009,
and left the survey results for the Council. Don't adopt the ordinance. They are trying to
fine -tune something with boxing gloves on. They can't be successful. Most people drive
according to the conditions.
Claudia Hollod, 8240 Birch bay Drive, stated the main reason they have tried to
adjust the speed limit is for safety reasons. She thanked the Council for all the work the
citizens have done. Adopt the ordinance.
Hearing no one else, Fleetwood closed the public hearing.
Weimer moved to adopt the ordinance. The Council must uphold the wishes of the
community. The majority of the citizens wanted the speed limit to change.
Brenner stated she will support the ordinance. Nothing is ever perfect. The Sheriff
Deputy strongly supports the change. It is reasonable. It did go through a very long
process. Many in the community worked on this proposal. She appreciates that there are
people who do not support it.
Caskey- Schreiber stated she supports the ordinance. The densities are at a level of
any urban density.
Nelson stated he thanks Claudia Hollod, who finally wore him down.
Motion carried 7 -0.
3. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON PORTIONS
OF BIRCH POINT ROAD, SHINTAFFER ROAD, ANDERSON ROAD, ALDERSON
ROAD AND JACKSON ROAD, IN THE BIRCH BAY AREA (AB2009 -2016)
Whatcom County Council, 5/26/2009, Page 5
Fleetwood opened the public hearing, and the following people spoke:
Doralee Booth, 8130 Birch Bay Drive, stated these roads are 35 miles per hour,
unless otherwise posted. This is a housekeeping issue to slow down traffic as it comes onto
Birch Bay Drive. She gets many calls from residents of Anderson Road about speeding
traffic. Slow down that road, also. Most of these roads don't have shoulders, and provide
access to residents to the bay.
Crawford asked if Deputy Langley is in favor of this ordinance. Booth stated he is. It
will clear things up for the Deputy.
Patrick Alesse, 4825 Alderson Road, stated the Birch Bay Lynden Road doesn't have
many residents. The speed limit could be 35 miles per hour. Please read through the
material he brought forward at the previous hearing.
Hearing no one else, Fleetwood closed the public hearing.
Brenner moved to adopt the ordinance. Generally speaking, someone can get
people to sign anything, depending on the phrasing and conversation. She trusts Mr.
Alesse, but also knows he really wanted the speed limit.
Motion carried 5 -2 with Nelson and Fleetwood opposed.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the Consent Agenda items.
Motion carried 7 -0.
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#09 -41 TO LOW BIDDER, NORTHWEST CHIP & GRIND, INC. FOR THE
SUPPLY AND DELIVERY OF LARGE WOODY DEBRIS FOR THE ACME EARLY
CHINOOK RESTORATION PROJECT, IN THE AMOUNT OF $44,007.60
(AB2009 -257)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT WITH ERIC CARABBA TO LEASE A HOUSE
LOCATED AT 6176 SAXON ROAD, ACME, IN THE AMOUNT OF $485 PER
MONTH (AB2009 -258)
OTHER ITEMS
1. ORDINANCE DECREASING THE PETTY CASH REVOLVING FUND TO A TOTAL
OF $100 FOR WHATCOM COUNTY PUBLIC WORKS ENGINEERING SERVICES
(AB2009 -244)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried 7 -0.
Whatcom County Council, 5/26/2009, Page 6
2. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, FIFTH
REQUEST, IN THE AMOUNT OF $283,308 (AB2009 -246)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried 7 -0.
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE DIVISION OF
EMERGENCY MANAGEMENT AND SNOHOMISH COUNTY DEPARTMENT OF
EMERGENCY MANAGEMENT FOR ENHANCEMENT OF LOCAL JURISDICTION
CAPABILITY TO PREVENT, DETER, RESPOND TO AND RECOVER FROM
CATASTROPHIC AND /OR TERRORIST EVENTS (FUNDING IS PROVIDED BY
THE DEPARTMENT OF HOMELAND SECURITY STATE PROGRAM FOR
FFY2008), IN THE AMOUNT OF $298,551 (AB2009 -252)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried 7 -0.
Brenner thanked Sheriff Elfo and Undersheriff James for making sure they still have
these funds coming to us in these difficult economic times.
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE DIVISION OF
EMERGENCY MANAGEMENT AND THE WASHINGTON STATE MILITARY
DEPARTMENT EMERGENCY MANAGEMENT DIVISION TO ENHANCE LAW
ENFORCEMENT PREPAREDNESS AND OPERATIONAL READINESS ALONG THE
LAND BORDERS OF THE US THROUGH THE US DEPARTMENT OF HOMELAND
SECURITY FFY2008 OPERATION STONEGARDEN PROGRAM, IN THE AMOUNT
OF $1,320,000 (AB2009 -253)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
TRUE AUTOMATION TO PROVIDE REPLACEMENT SOFTWARE OF THE
CRITICAL LEGACY ASSESSOR /TREASURER SYSTEM, IN THE AMOUNT OF
$803,295 (AB2009 -254)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
MASTER LICENSE AND MAINTENANCE AGREEMENT BETWEEN WHATCOM
COUNTY AND TRUE AUTOMATION FOR PROPERTY APPRAISAL AND
Whatcom County Council, 5/26/2009, Page 7
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COLLECTIONS SYSTEM (PACS) SOFTWARE, IN THE AMOUNT OF $792,903.35
(AB2009 -255)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
CDW -G FOR PLANNING, DESIGN AND DEPLOYMENT SUPPORT FOR
MIGRATING COUNTY DIRECTORY, FILE AND RELATED SERVICES FROM
NOVELL PRODUCTS TO MICROSOFT PRODUCTS, IN AN AMOUNT NOT TO
EXCEED $89,560 (AB2009 -256)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
S. RESOLUTION TO CONSIDER VACATING A PORTION OF EDWARDS DRIVE
(AB2009 -260)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution.
Motion carried 7 -0.
9. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.78,
TRANSPORTATION CONCURRENCY MANAGEMENT (AB2009 -066A)
Caskey- Schreiber reported for the Planning and Development Committee moved
to adopt the ordinance.
Motion carried 7 -0. .
10. APPOINTMENTS TO THE DRAYTON HARBOR SHELLFISH PROTECTION
DISTRICT ADVISORY COMMITTEE: LLYN DOREMUS, REPRESENTING THE
NOOKSACK INDIAN TRIBE, AND THOMAS CLINE AS THE TRIBE'S
ALTERNATE REPRESENTATIVE (AB2009 -249)
This item was withdrawn from the agenda.
11. RESOLUTION EXPRESSING SUPPORT FOR DESIGNATION OF JUNE 10 AS
NATIONAL PIPELINE SAFETY DAY (AB2009 -266)
Weimer moved to approve the resolution. June 10 of this year is the 10 -year
anniversary of the Olympic pipeline failure and subsequent explosion in Whatcom Creek.
Congressman Larsen introduced a resolution in the U.S. House of Representatives last week
trying to designate June 10 as National Pipeline Safety Day. The Governor's Office is
releasing a similar proclamation. This resolution supports that effort.
Crawford stated some of the language was a little bit strong, but there is no denying
the tragedy that occurred and need to rally around this.
Whatcom County Council, 5/26/2009, Page 8
Brenner asked about Councilmember Crawford's concern.
Crawford stated he was concerned about language that says there is currently a
general lack of oversight. In characterizing the situation, the local refinery industry might
have a different perspective on the level of regulatory oversight that currently exists. The
overall concept is good.
Brenner stated there are a lot of problems with pipeline oversight on some pipelines,
but they have a lot of good employees here. That may not be true everywhere.
Motion carried 7 -0.
12. RESOLUTION ESTABLISHING THE INTENT OF THE WHATCOM COUNTY
COUNCIL TO CONDUCT A HEARING IN CONSIDERATION OF CREATING A
"'NO SHOOTING ZONE" IN THE COLUMBIA VALLEY URBAN GROWTH AREA
(AB2009 -251)
Crawford moved to approve the resolution. This will probably be introduced in
early July, with a public hearing later in July.
Brenner stated she is going to support the resolution. She thanked
Crawford. The Council received a letter from a hunting organization. To
one of these zones does not preclude someone from lawfully carrying
protection.
Motion carried 7 -0.
INTRODUCTION ITEMS
Nelson moved to approve the Introduction Items.
Motion carried 7 -0.
Councilmember
clarify, living in
a firearm for
1. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR THE PURCHASE OF
THE ASSESSOR /TREASURER SYSTEM (AB2009 -261)
2. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR THE PURCHASE OF
THE CENTRAL PLAZA BUILDING AT 215 NORTH COMMERCIAL, BELLINGHAM
(AB2009 -262)
3. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $2,367,299 (AB2009 -263)
4. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, FIRST
REQUEST (AB2009 -264)
OTHER BUSINESS
Brenner stated she received a letter from the York Neighborhood Association
regarding the proposed offender reentry program at City Gate Apartments. The Association
Whatcom County Council, 5/26/2009, Page 9
has ideas on what would make the neighborhood a lot safer. Some suggestions are
legitimate requests.
Crawford stated the Association refers to the fact that the County administers some
funds through the Health Department for housing. The Association felt the County had
some control over how these decisions were made. He would like a better explanation of
the County's role and responsibility in that regard. It's a difficult decision. He's not sure if
the County should be in the middle of that decision.
Brenner asked who she can give the letter to who could attend to the neighbors
concerns.
Pete Kremen, County Executive, stated Councilmember Brenner can route the letter
to the administration, and they will route it appropriately.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated he thanks Councilmember Weimer for adjusting the Natural
Resources Committee in two weeks. He encourages all councilmembers and the Executive
to attend the Finance Committee meeting in two weeks for the presentation on the state of
finance in Whatcom County.
Fleetwood stated he attended the Point Whitehorn marine reserve dedication. It was
spectacular. The location was gorgeous, and is the newest gem for Whatcom County Parks.
Brenner suggested that these trips not happen on Memorial Day. She would have
liked to go. She attended a memorial ceremony at Green Acres Cemetery.
Caskey- Schreiber stated the Northwest Clean Air agency recently awarded Whatcom
County $26,000. Of that, $10,000 goes to the fire marshal for equipment. The rest can be
applied to the County's green power bill.
ADJOURN
The meeting adjourned at 8:20 p.m.
Jill Nixon, Minutes Transcription
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Whatcom County Council, 5/26/2009, Page 10