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HomeMy WebLinkAboutCouncil October 27 20091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Regular County Council October 27, 2009 Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Laurie Caskey- Schreiber, Sam Crawford, Seth Fleetwood, Bob Kelly, L. Ward Nelson and Carl Weimer. Absent: None. FLAG SALUTE ANNOUNCEMENTS Fleetwood announced there was discussion of potential Whatcom County Flood Control Zone District property acquisition (AB2009 -181A) in executive session during the Committee of the Whole meeting. Crawford moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to move forward with and complete acquisition of one property on Jones Creek, as long as the purchase price does not exceed the amount discussed in executive session. The motion carried by the following vote: Ayes: Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (6) Nays: Brenner (1) Crawford moved to authorized the County Executive, acting on behalf of the Whatcom County Flood Control Zoned District Board of Supervisors, to move forward with and complete acquisition of one property in Marietta, as long as the purchase price does not exceed the amount discussed in executive session. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) PLEASE ADD TO COUNCIL, SPECIAL PRESENTATIONS: 1. PROCLAMATION BY COUNTY EXECUTIVE PETE KREMEN AFFIRMING SUPPORT FOR THE 2010 CENSUS (AB2009 -017) Pete Kremen, County Executive, stated the proclamation is important for the community to participate and understand. He read the proclamation. Whatcom County Council, 10/27/2009, 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 Laverne Lamoureux, Census Bureau, stated she met with councilmembers earlier today to answer questions. She looks forward to partnering with Whatcom County to see that the County has a fair share and appropriate representation. MINUTES CONSENT Brenner moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 1. SURFACE WATER WORK SESSION FOR SEPTEMBER 22, 2009 2. COMMITTEE OF THE WHOLE FOR SEPTEMBER 29, 2009 3. REGULAR COUNTY COUNCIL FOR SEPTEMBER 29, 2009 4. REGULAR COUNTY COUNCIL FOR OCTOBER 13, 2009 OPEN SESSION William James Corbett, citizen, stated he is homeless and unable to get public housing, due to felonies from ten years ago. He is living in a motor home. He has not been able to work because of back surgeries. He is not getting any support. He asked if there is something the Council can do to get someone into housing. Has been denied for the housing list, because he only has $300 per month from the State Department of Social and Health Services (DSHS). He's worked and lived in this community all his life. He's having a hard time from his felonies in 1999. Nobody wants to see how he is growing to better himself. He is trying to make it in his own community. He keeps getting knocked down because of his past. He doesn't know what to do. He can't get housing unless he has $800 per month. Being homeless is devastating to him and others in the same situation. Someone should help them move on with their lives. Caskey- Schreiber asked if Mr. Corbett has contacted the Opportunity Council for their Homeless Service Center. Corbett stated he has been to the Opportunity Council, Homeless Connect, the Hope House, and the churches. He is on a list for housing through the Bellingham Housing Authority, but only if he makes $800 per month. Brenner asked if he's applied for supplemental security income (SSI). Corbett stated he has. Someone is helping him with the SSI application. Homeless Connect is helping as much as it can, but the felony thing was ten years ago. It's holding him back from growing better. Brenner asked if there is anything that someone with an old felony can do. Fleetwood stated there is a process to get the record expunged. Karen Frakes, Prosecutor's Office, stated the person has to meet certain criteria. Whatcom County Council, 10/27/2009, 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 Andy Accimus, 3110 Racine Street, Apartment 111, stated he is on the Whatcom Housing Advisory committee, he was homeless for eight years. Many people out there are trying, like the previous speaker, but are stuck with a felony conviction or other circumstances. It's something the Council may not be aware of. The system is very complicated and difficult for people to get through. The extent of the problem is not known to the elected officials. The Point in Time Count indicates there are 1,500 homeless people. This problem has to be addressed. Everyone in the country has a right to housing. It's up to every elected official to do the best they can to help people get back on their feet, regardless of past circumstances. Laura McBeath, 6319 Everson Goshen Road, stated she wants to talk about her story regarding the building permit process but is concerned about retribution. She went through the building process in 2001 as planned. She started the permit process for a horse barn in 2008. Things proceeded normally through the permit process, until one individual seemed to target her. The employee tried to dictate the entire use of her property, not just the building site. The employee required that she hire a biologist to map the entire property, not just the building site. She hired someone on the department's list and paid $1,100 for the report. The employee said she didn't believe the report. She invited the employee to her property to discuss the employees requirements for a permit. The first thing the employee said to her that day was that the driveway must be wetlands because of standing water. That day was a day of severe flooding in November 2008. The employee made several inappropriate comments, including that it is unhealthy to allow horses outside. The employee tried to insist that she keep the horses in their 12 x 12 stalls at all times, unless she's riding them. That's not a good thing for horses. Then the employee insisted on the farm plan. Later that month, the employee came to her property and walked with others around her property. She worries about these people injuring her horses if the gates aren't shut properly. This type of stuff goes on. She did get her permit, but the employee is dictating where the horses are allowed to go on her property, and trying to keep them corralled. Doug Robertson, 900 Dupont Street, Whatcom County State and Federal Bar Association Member, stated he is a member of a Bar Association subcommittee regarding the funding for the court system. The government does not have enough money to pay for all the services the community wishes it could fund. Everything the County does is important. There isn't rampant waste. However, the legislatures have to define the community's priorities by looking back at the Constitutional base of government. The single most important purpose is common defense, and then domestic tranquility. Domestic tranquility is based on enforcement of the rule of law. Their entire rule of law is based on a functioning judiciary and an effective police force. Now, the court system is crumbling under the lack of resources. Priority civil cases are being bumped. Family calendars are being cancelled. They can't get a court date. The Council needs to define priorities. The rule of law is the first priority. Fully fund the court system. Rule of law needs to be enforced effectively. The highest priority of the 2010 budget should be the court system. (Clerk's Note: The speaker following Mr. Robertson requested that his /her testimony not be included in the minutes.) Wes Withrow, 1463 Country Lane, stated he would talk about the proposed sites for a new County jail. He is a member of the Rural Avenue Neighborhood Association. County citizens should have public input. The association has concerns about the transparency of this process, environmental impacts, and the impact to the rural neighborhood and surrounding areas. County citizens should be more involved in these discussions. The jail Whatcom County Council, 10/27/2009, 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 selection process was supposed to involve the public. This hasn't happened. Even neighbors living adjacent to the sites have not been notified. Over $700,000 has been spent to narrow the selection to two sites that would impact the same rural neighborhood, have wetland issues, are home to numerous species, and don't meet the County's own guidelines outlined in the essential public facilities site selection criteria. The sites don't have access to utilities and infrastructure to accommodate a facility of that nature. They've been told that the public would have a chance to provide input after a draft environmental impact statement (EIS) has been issued. This is too late. He would like to speak sooner. He asked who is conducting the environmental impact study, and if it is the same consultant who conducted the site survey study. Dewey Desler, Deputy Administrator, stated the County is using its Facilities Division staff and a consulting team, developed by a firm called HDR. They are well away from completing the environmental impact statement. The administration will discuss the information and process with the County Council. They haven't purchased or committed to a property, other than identified sites on which the EIS is written. Dennis Jones, 1487 Sudden Valley, stated he would talk about funding for the Lake Whatcom Management Plan. The City of Bellingham and Water District 10 have a land acquisition fund they developed in the late 1990s. Bellingham has spent $11.7 million. The Water District fund collects only $16.80 per year, per property. Sudden Valley has a density reduction fund that is about $1.8 million. He described the history of that fund. This fund has been absconded by the Board for purposes that were not agreed to by the County Council, Water District, or City of Bellingham. He hopes that they will work the community of Sudden Valley, including the Board, to fund the Lake Whatcom Management Plan. If not, hold them responsible. He expects the money to be used for density reduction, stormwater improvements, best management practices for whatever is built, and outreach. Bob Wiesen, 3314 Douglas Road, stated he thanked the Council for providing time for the small cities to state their cases about their urban growth areas (UGA's). The small cities are doing a better job of planning than the County. The County should consider their concerns. The County needs to get real and have a new attitude to help people. Donald Littrell, 8359 Delta Line Road, stated he bought a 40 -acre farm. He also bought a 20 -acre tract and 25 -acre tract. At the time of purchase, they were zoned as one - acre parcels. Since, they have been downzoned to five -acre parcels. Now, they are trying to change the zone to ten -acre parcels. He has 30 grandchildren and 16 great grandchildren, some of whom live on his parcels. He is trying to subdivide to five -acre tracts before the zoning is changed. The 20 -acre tract is listed as less than 20 acres on the tax statement. If it is downzoned, he can get only one residence on the tract, which destroys the plans he had when he purchased those properties. He bought the property to provide an opportunity for his children to live in the area. He cannot leave any heritage to his children. Caskey- Schreiber stated she thought the recommendation was for five -acre parcels, not ten -acre parcels. David Stalheim, Planning and Development Services Director, stated the Planning Commission recommends a density of one unit per ten acres in the areas being reviewed as part of the rural element, the limited areas of more intense rural development (LAMIRD) areas. The Council will address that recommendation. Whatcom County Council, 10/27/2009, 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 53 PUBLIC HEARINGS 1. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009 -03 (AB2009 -389A) No one spoke Fleetwood opened the public hearing and, hearing no one, closed the public hearing. Weimer moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 2. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009 -04 (AB2009 -390A) Fleetwood opened the public hearing and, hearing no one, closed the public hearing. Crawford moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 3. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION — REQUEST #TR2009 -05 (AB2009 -391A) Fleetwood opened the public hearing and the following person spoke: Steve Oliver, Treasurer, stated this is an old piece of railroad right -of -way acquired by foreclosure in 1950. There are four homes using this property to access their homes. The applicant is not one of those adjacent property owners. Brenner asked if the right -of -way is the only ingress and egress to those four properties. Oliver stated he can't say for certain. Brenner stated table the issue until they have more information. Caskey- Schreiber asked if the four adjacent property owners were notified of this transaction. Oliver stated they have been notified. Brenner asked if they can negotiate with the adjacent property owners. Oliver stated the issue with this parcel is their right to sell property by negotiation to an adjacent property owner. It is only allowed for parcels valued less than $500. This piece of right -of- way has been assessed for more than $500. It's not eligible for negotiation with an adjacent property owner. The Property Management Committee recommends going forward for public auction. He agrees with the recommendation. Crawford stated the adjacent property owners are notified that the property will be up for auction. Let those owners decide whether or not if they want it. Whatcom County Council, 10/27/2009, 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 Brenner stated it may be the only access to those four properties. She asked if the County is required to insure that people have access to and from their property. They can't be landlocked. Crawford stated that if the property owners have an issue with that, they can purchase an easement from other properties. Brenner asked if the County requires ingress and egress when it allows someone to build a house. Crawford stated it may predate the rules. Hearing no one else, Fleetwood closed the public hearing. Nelson moved to approve the resolution. Brenner stated she's not comfortable until she gets answers about when the houses were built and whether there was ingress and egress. The motion carried by the following vote: Ayes: Crawford, Fleetwood, Kelly, Nelson and Weimer (5) Nays: Brenner and Caskey- Schreiber (2) 4. RESOLUTION ADOPTING THE WHATCOM COUNTY 2010 ANNUAL CONSTRUCTION PROGRAM (AB2009 -393) Fleetwood opened the public hearing and, hearing no one, closed the public hearing. Crawford moved to approve the resolution. Weimer moved to hold for two weeks until they talk about the budget. It's based on a levy shift option on which they haven't decided. Once they vote on this, it takes a unanimous vote of the Council to change it. This doesn't have to pass this evening. Crawford stated he is going to support the program, regardless of what they decide about the tax shift. The tax shift will not effect these properties. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Fleetwood, Kelly, and Weimer (5) Nays: Crawford and Nelson (2) CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one, two, and four through seven. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) Whatcom County Council, 10/27/2009, 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 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AMENDMENT #6 BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR PHASE IV WORK OF THE WRIA 1 WATERSHED MANAGEMENT PROGRAM, IN THE AMENDED AMOUNT OF $74,999 (AB2009 -400) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LAND DEVELOPMENT ENGINEERING AND SURVEYING, INC. FOR DESIGN ASSISTANCE OF STORMWATER PROJECTS IN THE SILVER BEACH CREEK DRAINAGE BASIN, IN THE AMOUNT OF $122,430 (AB2009 -401) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND LINSLEY, KRAEGER ASSOCIATES, LTD FOR CALIBRATION OF THE LOWER NOOKSACK RIVER HYDRAULIC MODEL TO THE JANUARY 2009 FLOOD EVENT AND TECHNICAL ASSISTANCE TO COUNTY STAFF AS NEEDED, IN THE AMOUNT $25,000 (AB2009 -402) (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.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Weimer (7) Nays: None (0) Crawford, Fleetwood, Kelly, Nelson and 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC FOR EVALUATION, INSPECTION AND PRE - DESIGN REPORT FOR THE SILVER BEACH CREEK WATERSHED STORMWATER FACILITY RETROFITS, IN THE AMOUNT OF $49,767 (AB2009 -403) S. REQUEST APPROVAL FOR THE ANNUAL PURCHASE OF 2009, 2010 SUPPLY OF SNOW AND ICE CONTROL PRODUCTS USING WASHINGTON STATE CONTRACT, IN AN AMOUNT THAT COULD EXCEED $35,000 (AB2009 -404) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 09 -47 TO LOW BIDDER, ANDGAR CORPORATION, FOR THE INSTALLATION OF ADDITIONAL COOLING EQUIPMENT IN THE COURTHOUSE COMPUTER ROOM, IN THE AMOUNT OF $82,677 (AB2009 -405) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROVIDE THE COUNTY WITH $50,000 TOWARD PHASE II STORMWATER PROGRAMS (THIS PASS - THROUGH GRANT DOES NOT REQUIRE ANY MATCH FROM THE COUNTY) AB2009 -418 Whatcom County Council, 10/27/2009, 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 OTHER ITEMS 1. RESOLUTION TO CONSIDER THE VACATION OF A PORTION OF PORTAL WAY (AB2009 -406) Brenner reported for the Public Works and Safety Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 2. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $287,325 (AB2009 -394) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 3. RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE WASHINGTON STATE DEPARTMENT OF COMMERCE, COMMUNITY ECONOMIC REVITALIZATION BOARD ON BEHALF OF THE NORTHWEST ECONOMIC COUNCIL (AB2009 -399) Crawford reported for the Finance and Administrative Services Committee and moved to approve the resolution. Caskey- Schreiber asked for an example of assistance provided to small business with tools for global competition, including areas of engineering, light manufacturing, marine petroleum engineering, and water conservation technology. Nancy Jordan, Northwest Economic Council, stated companies in these areas are engaged in cutting edge technology. Other companies and graduating students are coming up with new ideas. They want to make sure they're on the cutting edge, which many other communities are doing. They will bring together the people who have the ideas and mentors. The Bellingham Angel Group is part of this team. It has a wealth of knowledge in business and global marketing. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO SIGN AN AMENDMENT TO THE CITY OF EVERSON INTERLOCAL AGREEMENT FOR ANNEXATION OF APPROXIMATELY 9.83 ACRES (SKILLMAN EAST EVERSON ANNEXATION), PER THE CONDITIONS OF ORDINANCE 2007 -049 (AB2009- 407) Whatcom County Council, 10/27/2009, 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 Caskey- Schreiber reported for the Planning and Development Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) INTRODUCTION ITEMS Brenner moved to accept all ten Introduction Items. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) 1. RESOLUTION ADOPTING THE 2010 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2009 -409) (Council acting as the Whatcom County Flood Control Zone District Zone District Board of Supervisors) 2. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2010 (AB2009 -410) (Council acting as the Whatcom County Flood Control Zone District Zone District Board of Supervisors) 3. ORDINANCE AUTHORIZING A SHIFT OF $1,750,000 FROM THE ROAD LEVY TO THE GENERAL FUND LEVY FOR 2010 PURSUANT TO RCW 84.52.043 (AB2009 -411) 4. ORDINANCE LIMITING THE 2010 ROAD FUND PROPERTY TAX LEVY (AB2009 -412) S. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES FOR 2010 (AB2009 -413) 6. ORDINANCE LIMITING THE 2010 GENERAL FUND PROPERTY TAX LEVY (AB2009 -414) 7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2010 (AB2009 -415) 8. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD PURPOSES FOR 2010 9. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, SECOND REQUEST, IN THE AMOUNT OF $3,440,693 (AB2009 -419) 10. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BUDGET, FIRST REQUEST, IN THE AMOUNT Whatcom County Council, 10/27/2009, 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 OF $59,140 (AB2009 -420) (Council acting as the Whatcom County Flood Control District Board of Supervisors) OTHER BUSINESS Pete Kremen, County Executive, stated there is an informational meeting on Lummi Island to discuss the Ferry System beginning at 6 p.m. or 7 p.m. on November 9 at the Grange. Staff attending the meeting will include Public Works Department Director Frank Abart and hopefully a representative from the Prosecutor's Office. All the councilmembers are welcome to attend. Brenner reported for the Public Works and Safety Committee and stated the committee discussed the proposed South Fork Park. The residents of the area want the main entrance at the south end of the park, which would be easy to develop. The Acme residents are having a meeting about the park at 7 p.m. at the Acme Elementary School. Kelly asked if there is an alternative staff proposal that includes a southern park entrance. Brenner stated the Parks Director said they are considering north and south entrances. She hasn't heard anyone from the Acme area who wants a northern entrance. Many have said they don't want a northern entrance. Staff said they made a request to the State Department of Natural Resources (DNR) regarding easements to the south. There is one more week of public comment, and then it goes to State Environmental Policy Act (SEPA). The staff are talking about a southern entrance only as an addition to the northern entrance. The community doesn't want the northern entrance because it will affect the Elk herds, in addition to other problems. Nelson stated the County cannot consider a southern easement because it does not own the land to the south. The staff requested the environmental impact statement (EIS) to look at both areas. In light of that, the committee recommended sending a letter to DNR again, asking for an easement through DNR land to the south end. He moved request that the administration send a letter to DNR asking DNR to allow County access through the southern area. The motion carried by the following vote: Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Kelly, Nelson and Weimer (7) Nays: None (0) Kremen asked for more specific information. Nelson stated Parks and Recreation Department Director McFarland has more information. Kremen stated he will work cooperatively and collaboratively with the Council. Caskey- Schreiber stated a special Committee of the Whole meeting is scheduled from 9 a.m. to noon and 1:30 p.m. to 4:30 p.m. on November 3. The meeting is to develop the Council's proposal for how cities and small towns should grow. Whatcom County Council, 10/27/2009, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports or other items from councilmembers. ADJOURN The meeting adjourned at 8:05 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on November 24 , 2009. Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council(g-.o.w hatcom .w a.us Whatcom County Council, 10/27/2009, Page 11