HomeMy WebLinkAboutCouncil May 6 20081
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Regular County Council
May 6, 2008
Council Chair Carl Weimer 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
Seth Fleetwood
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
There were no announcements.
MINUTES CONSENT
Absent:
None
Brenner moved to approve the Minutes Consent items one through nine.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR MARCH 11, 2008
2. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 18, 2008
3. COMMITTEE OF THE WHOLE FOR MARCH 25, 2008
4. REGULAR COUNTY COUNCIL FOR MARCH 25, 2008
S. COMMITTEE OF THE WHOLE FOR APRIL 8, 2008
6. REGULAR COUNTY COUNCIL FOR APRIL 8, 2008
7. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 22, 2008
S. COMMITTEE OF THE WHOLE FOR APRIL 22, 2008
9. REGULAR COUNTY COUNCIL FOR APRIL 22, 2008
OPEN SESSION
The following people spoke:
Whatcom County Council, 5/6/2008, Page 1
Kathy Warner, Kendall Watch Community Action Group, stated she supports the
Kendall area urban growth area (UGA) as submitted to the Planning and Development
Services Department. The Columbia Valley area needs a park, pharmacy, and grocery
store. She supports the Foothills Subarea Plan.
Veronica Dearden, Kendall Watch Community Action Group, stated the area used to
be a recreation area, with mostly Canadian residents who vacation in the area. No new
facilities have been built in 41 years. Now, there are 4,000 people in a two mile radius. It
is the fourth most populous area in Whatcom County. Out of 4,000 total residents of the
area, about 17 to 20 people repeatedly cause trouble. Those few people have given the
area a bad name. They need community facilities and amenities for their well- being. She
supports the Foothills Subarea Plan.
Joyce Sappington, Kendall Watch Youth Coordinator, stated she thanks the Council
for supporting the Kendall Watch Community Action Group on issues in the community. She
supports the Foothills Subarea Plan. The plan provides for local businesses and jobs. They
won't be forced to leave the area to meet those needs. It will also provide jobs and services
for the youth. Now, they don't even have a local park. Approve the plan.
Norma Otto, Kendall Watch Community Action Group and Water District 19
Commissioner, stated they are in the process of putting a street light district together. It
will make a dramatic difference to the Paradise Lakes area. Also, District 19 and District 13
commissioners will work on a joint emergency plan for the two districts.
They are continuing cleanup efforts. They have collected garbage, appliances, and
scrap metal. She thanked the Council for supporting that effort. She supports the Foothills
Subarea Plan, especially the commercial overlay district. It should help revitalization
efforts. She submitted photos of a property that needs revitalization (on file). The site is a
blight. It is being used as a dump site. They can't seem to do anything about it. There are
several sites like this. Without the commercial overlay that's in the plan, they will have to
continue to fight these issues.
Caskey- Schreiber asked when the Planning Commission will see the Kendall Subarea
Plan.
David Stalheim, Planning and Development Services Department Director, stated the
staff are in the middle of writing a supplemental draft environmental impact statement
(EIS). Council authorized a contractor to review the water quality component of the draft
EIS. They are also working on the transportation component. They hope to release the
draft EIS in July. After that, they will go through public comments, publish a final EIS, and
hold a hearing probably this fall.
Johnnie Grames, 1506 E. Maplewood Avenue, stated make the process of deciding
on a new jail a public process. Two weeks ago, the Council approved a study on adding 50
new work release beds at the interim jail.
Dan McShane, 1451 Grant Street, Bellingham, stated he supports the
administration's recommendation to not extend the preliminary plat approval for Governor
Road at Lake Padden. The total maximum daily load (TMDL) study of Lake Whatcom now
will happen to Lake Padden in 20 years if they don't do something.
Whatcom County Council, 5/6/2008, Page 2
1 John Hutchings, Public Works Department, stated the staff is hosting a meeting
2 tomorrow night at 7 p.m. for the community on the coordinated water resource integration
3 program (CWR:[P). He hope to see councilmembers there.
4
5 Marian Beddill, People for Lake Whatcom, read from a letter her group sent to the
6 Council today (on file). She supports the Lake Whatcom Comprehensive Stormwater Plan
7 and pollution control at the source.
8
9
10 CONSENT AGENDA
11
12 Nelson reported for the Finance and Administrative Services Committee and moved
13 to approve Consent Agenda items one through three.
14
15 Motion to approve Consent Agenda items one through three carried
16 unanimously.
17
18 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
19 CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM HERALD,
20 TO PRINT REQUIRED PUBLICATIONS IN THE AMOUNT OF $11.34 FOR A
21 SINGLE COLUMN, PER COLUMN ONE -INCH FIRST INSERTION, AND $10.50
22 PER COLUMN INCH FOR THE SECOND AND ALL SUBSEQUENT INSERTIONS
23 (AB2008 -192)
24
25 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
26 AGREEMENT BETWEEN WHATCOM COUNTY AND THE OFFICE OF NATIONAL
27 DRUG CONTROL POLICY TO SUPPORT THE NORTHWEST HIGH INTENSITY
28 DRUG TRAFFICKING AREA BORDER TASK FORCE PROSECUTION INITIATIVE
29 IN THE AMOUNT OF $160,724 (AB2008 -193)
30
31 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
32 AGREEMENT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM
33 HIGHLAND GAMES ASSOCIATION TO HOLD THE EVENT AT HOVANDER
34 HOMESTEAD PARK EACH YEAR, 2008 — 2012, IN THE ANNUAL AMOUNT OF
35 $4,490 (AB2008 -194)
36
37
38 OTHER ITEMS
39
40 1. RESOLUTION APPROVING THE LAKE WHATCOM COMPREHENSIVE
41 STORMWATER PLAN (2008 -181)
42
43 Weimer reported for the Natural Resources Committee and moved to approve the
44 resolution.
45
46 Nelson stated he is in favor of the resolution. The work done on the plan is
47 commendable. He thanked Councilmember Fleetwood for working on the plan. Many things
48 can be done that will have great positive impacts to the lake. This is the right thing to do
49 for the lake.
50
51 Weimer stated he will support the resolution. The Public Works Department staff
52 think the idea of the pilot project is an interesting idea.
53
Whatcom County Council, 5/6/2008, Page 3
Motion carried unanimously.
2. RESOLUTION AUTHORIZING WHATCOM COUNTY'S APPLICATION FOR
FUNDING ASSISTANCE TO THE RECREATION AND CONSERVATION OFFICE,
WASHINGTON WILDLIFE AND RECREATION PROGRAM PROJECT TO AID IN
THE FINANCING COST OF LAND ACQUISITION AND PRESERVATION OF
FARMLAND, THE SUBJECT PROPERTIES ARE THE SORENSEN AND PERRY
FARMS (AB2008 -191)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Motion carried unanimously.
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HERRERA ENVIRONMENTAL
CONSULTANTS FOR PORTAGE BAY SHELLFISH PROTECTION DISTRICT
FECAL COLIFORM BACTERIA MONITORING IN THE AMOUNT OF $57,925
(AB2008 -178)
Nelson reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried unanimously.
4. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH BRICKLIN
NEWMAN DOLD, LLP, TO ASSIST IN REPRESENTING THE COUNTY BEFORE
THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD,
IN THE AMOUNT OF $90,000 (AB2008 -182A)
Brenner moved to approve the request.
Motion carried 5 -2 with Crawford and Nelson opposed.
5. CONSIDERATION OF REQUEST FOR EXTENSION OF PRELIMINARY PLAT
APPROVAL FOR GOVERNOR ROAD - PHASE II, SUBMITTED BY DARCY
JONES, PLS, AICP, JONES ENGINEERING (AB2008 -184)
Fleetwood reported for the Planning and Development Committee and stated this
item comes forward with no recommendation. He is in not favor of the extension. He
moved to approve the extension so there can be a vote. Many things have changed. There
are new standards and rules in place. This development will be in place for decades. This is
an opportunity to improve the environmental protection.
Motion failed 3 -4 with Crawford, Nelson, and Brenner in favor.
Addendum:
DISCUSSION OF PROPOSED LETTER TO BE SENT TO GOVERNOR CHRISTINE
GREGOIRE REGARDING THE NEED FOR STATE ASSISTANCE TO MANAGE
SWIFT CREEK'S NATURALLY- OCCURRING ASBESTOS (AB2008 -027A)
Weimer reported for the Planning and Development Committee and stated they will
not send the letter.
Whatcom. County Council, 5/6/2008, Page 4
Crawford stated there was a recommendation to send a letter to send a letter to the
head of the State Department of Ecology. Executive Kremen sent a letter today to the head
of the State Department of Ecology
Pete Kremen, County Executive, stated he is seeking assistance from the Governor
and State of Washington. He is in favor of the Executive and Council sending a letter to the
Governor or head of the Department of Ecology as a joint communication. His staff can
draft the letter.
Brenner stated the Department of Ecology is not interested in taking the lead in this
project. The only thing the County can do is ask for money and any offer of help. No one
wants to take this project on.
Kremen stated the County must express its position on the issue to the Governor
and Department of Ecology Director. This issue will need State, local, and federal
cooperation. He is pursuing those partnerships.
Brenner stated that the Department of Ecology is interested in providing assistance,
but not taking the lead. She doesn't care who takes the lead, if they can get enough
money. The County can't do this project by itself. That should be the focus of the letter,
rather than putting any constraints on how the money should come to the County.
Crawford moved to authorize the Council Chair to co -sign the letter with the
Executive when the letter is written.
Weimer stated set aside the issue of who will coordinate the project, and focus on
the resources.
Kremen stated they ought to address the Governor, and send a copy to the Director.
Motion carried unanimously,
6. APPOINTMENTS TO THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES
MANAGEMENT AND ADVISORY COMMITTEE, APPLICANTS: CHRISTINE
AUSTIN, RALPH FALK, ALAN FRIEDLOB, T. KEATS GARMAN, LESLI
HIGGINSON, DONALD IMHOF, GERALD LARSON, DON MONTFORT, AND
DENNIS SANDVIG (INITIAL APPOINTMENTS WILL BE STAGGERED TERMS,
WITH TWO MEMBERS APPOINTED FOR TWO YEARS, TWO MEMBERS
APPOINTED FOR THREE YEARS, AND ONE MEMBER APPOINTED FOR FOUR
YEARS) (AB2008 -129A) (COUNCIL ACTING AS THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
Weimer stated the person with the most votes would be appointed to the position for
four years, the two people with the second and third most votes would be appointed for
three years, and the two people with the fourth and fifth most votes would be appointed for
two years.
Fleetwood nominated all applicants.
Crawford voted for Falk, Friedlob, Higginson, Montfort, and Pruitt.
Kelly voted for Friedlob, Garman, Higginson, Larson, and Sandvig.
Whatcom County Council, 5/6/2008, Page 5
1
2 Brenner stated they are supposed to be considering geographic diversity. The
3 Councilmembers should consider that when voting.
4
5 Fleetwood voted for Austin, Friedlob, Garman, Higginson, and Sandvig.
6
7 Weimer voted for Friedlob, Garman, Higginson, Imhof, and Larson.
8
9 Brenner voted for Falk, Garman, Imhof, Montfort, and Sandvig.
10
11 Nelson voted for Falk, Friedlob, Higginson, Imhof, and Montfort.
12
13 Caskey- Schreiber voted for Austin, Friedlob, Garman, Higginson, and Montfort.
14
15 Weimer stated the top votes go to Alan Friedlob, T. Keats Garman, Lesli Higginson,
16 and Don Montfort. There is a three -way tie for the last vacancy.
17
18 Caskey- Schreiber stated she will change her vote.
19
20 Brenner stated there is no one from the Ferndale area on the committee.
21
22 Crawford stated he will change is vote for Pruitt to a vote for Imhof.
23
24 Weimer stated Donald Imhof is appointed to the last vacancy. There is a tie for the
25 four -year term.
26
27 Caskey- Schreiber moved to appoint Alan Friedlob to the four -year term.
28
29 Motion carried unanimously.
30
31 Weimer stated the appointments are as follows:
32 • Alan Friedlob, four years
33 • T. Keats Garman, three years
34 • Lesli Higginson, three years
35 . Don Montfort, two years
36 • Don Imhof, two years
37
38 Brenner stated this committee needs to meet in the evenings. People are concerned
39 that the meetings be held for the public in the meeting. Not everyone can go to a daytime
40 meeting.
41
42 7. APPOINTMENT TO FILL THE BUSINESS /INDUSTRY REPRESENTATIVE
43 VACANCY ON THE SOLID WASTE ADVISORY COMMITTEE, APPLICANT: CARL
44 LUNDGREN (AB2008 -186)
45
46 Brenner moved to appoint Carl Lundgren.
47
48 Motion carried unanimously.
49
50
51 INTRODUCTION ITEMS
52
53 Brenner moved to accept the Introduction Items.
Whatcom County Council, 5/6/2008, Page 6
Motion carried unanimously.
1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2008 -06 (AB2008 -138A) (RESOLUTION BEING REINTRODUCED FOR
PUBLIC HEARING NOTICE PURPOSES)
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ.
#TR2008 -07 (AB2008 -139A) (RESOLUTION BEING REINTRODUCED FOR
PUBLIC HEARING NOTICE PURPOSES)
3. RECEIPT OF AN APPEAL FILED BY VIRGINIA WATSON OF HEARING
EXAMINER'S DECISION ON REMAND ON CUP06 -0031 REGARDING LAKE
WHATCOM RESIDENTIAL TREATMENT CENTER (AB2007 -321B)
4. ORDINANCE TEMPORARILY REMOVING THE LOT CLUSTERING PROVISION
FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT
(AB2008 -189)
5. ORDINANCE REPEALING WHATCOM COUNTY CODE SECTION 9.04.030,
PUBLIC CARDROOMS PROHIBITED - RESTRICTIONS ON SOCIAL CARD
GAMES (AB2008 -190)
6. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $1,040,180 (AB2008 -195)
7. ORDINANCE DEFINING "INDIGENCE" FOR THE VETERANS' RELIEF FUND
(AB2008 -196)
S. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT
USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008 -2
(AB2008 -197)
9. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT
USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008 -3
(AB2008 -198)
10. RESOLUTION TO VACATE A PORTION OF WILLOW STREET (AB2008 -105A)
11. RESOLUTION ESTABLISHING A PEAK OIL TASKFORCE TO STUDY AND MAKE
RECOMMENDATIONS REGARDING THE CONSEQUENCES OF DIMINISHING
ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF
BELLINGHAM (AB2008 -200)
OTHER BUSINESS
-"here was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Whatcom County Council, 5/6/2008, Page 7
1 Pete Kremen, County Executive, stated the local, State, and federal first - responding
2 agencies held a simulated terrorism attack in the Birch Bay area. It was a good
3 collaboration between the public and private sectors, including British Petroleum (BP) and
4 St. Joseph's Hospital. Public safety was the ultimate objective today. They demonstrated
5 that they are all working in true collaboration. He thanked Communications Coordinator Joe
6 Bates for his work today. The federal and State governments are aware of the vulnerability
7 of this area in terms of natural disasters and terrorist threats.
8
9 Brenner asked what's happening with the Chambers video project. It's on the
10 schedule.
11
12 Weimer stated he attended the first Lake Whatcom Policy Group meeting yesterday.
13 They discussed how sewer hookups are no longer allowed outside urban growth areas
14 (UGA's) in the Lake Whatcom watershed. It was a good first meeting.
15
16
17 ADJOURN
18
19 The meeting adjourned at 7:45 p.m.
20 c_..
21 �, 1
22
23 Jill Nixon, Minutes Transcription
24
25 ��jh t6 (iaJ .,approved these minutes on June 3 , 2008.
26 �. i
27 p 6r}� O �.
` � •;NHATC �y,A�'% WHATCOM COUNTY COUNCIL
28 Z • Ci WHATCOM COUNTY, WASHINGTON
29 _ �: 0t3 TY �G•
,y r
30 r
31
32
33 iana•���s'Cotcil Clerk Carl Weimer, Council Chair
Whatcom County Council, 5/6/2008, Page 8