HomeMy WebLinkAboutCouncil September 23 20081 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 September 23, 2008
5
6 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
7 Chambers, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 Barbara Brenner L. Ward Nelson
11 Bob Kelly Sam Crawford
12 Seth Fleetwood
13 Laurie Caskey- Schreiber
14
15
16 FLAG SALUTE
17
18
19 ANNOUNCEMENTS
20
21 Weimer announced there was discussion of the following items in executive session
22 during the Committee of the Whole meeting:
23
24 • Update on negotiations for soon -to -be expired collective bargaining
25 agreement and discussion on the Unrepresented Resolution (AB2008 -339)
26
27 • Consideration of an appeal filed by Mussio regarding motion for
28 reconsideration and motion to dismiss for lack of standing on APL2008 -0004
29 (AB2008 -286)
30
31 Fleetwood moved to reverse the Hearing Examiner's decision on their motion to
32 reconsider.
33
34 Motion carried unanimously.
35
36 Consideration of appeal filed by Douglas Shepherd for Lyle and Sue Rader
37 on APL06 -0035, regarding Order to Correct issued by Planning and
38 Development Services (AB2008 -268)
39
40 Fleetwood moved to uphold the Hearing Examiner's decision.
41
42 Motion carried 4 -1 with Brenner opposed.
43
44 Discussion with Senior Deputy Prosecutor Karen Frakes regarding Lake
45 Whatcom Landscape Plan litigation (AB2008 -018)
46
47 Fleetwood moved to approve the settlement agreement in Skagit Valley et al vs.
48 the State of Washington.
49
50 Motion carried unanimously.
51
52
53 MINUTES CONSENT
54
Whatcom County Council, 9/23/2008, Page 1
Caskey - Schreiber moved to approve the Minutes Consent items.
Motion carried unanimously.
1. BOARD OF HEALTH FOR JULY 29, 2008
2. COMMITTEE OF THE WHOLE FOR AUGUST 5, 2008
3. REGULAR COUNTY COUNCIL FOR AUGUST 5, 2008, AS AMENDED
4. COMMITTEE OF THE WHOLE FOR SEPTEMBER 9, 2008
OPEN SESSION
The following people spoke:
Renee Coe, 1986 Cedar Park Drive, Point Roberts, submitted and read from
information (on file, exhibit A, page one) regarding the proposal to eliminate curbside
recycling in Point Roberts. A question is why a company who makes money off of
customers with curbside recycling offer it free and potentially have to pay two or three
times more to dispose of it. They don't even know if it's being recycled.
Dennis Jones, 1487 Sudden Valley, submitted information (on file, exhibit 8) and
stated he can speak for a consensus of the bipartisan community of the seven precincts in
the watershed. He's done polling out there for quite a while. He hoped the Sudden Valley
Community Association would be present today to speak in favor of the park reconveyance.
He has trouble getting through to the Association. At this point, the Association is fining
him $9,000 per month for minor cosmetic damage to his house. This is discriminatory. It's
sad that it comes to that for anyone at Sudden Valley. Their system is a club oligarchy. He
understands that Sudden Valley couldn't become a city because of urban growth area (UGA)
things. There is hope because there is a new board and a survey is being conducted.
Many have worked for the Landscape Management Plan that was approved in 2004.
It's not on the table. There are other things that will get worked out. He is in favor of the
park reconveyance, as it's been drawn on the maps, which primarily includes Austin Creek,
the area flooding from poor logging practices in 1983, and Smith Creek. Google the Mid -
Peninsula Regional Parks District, which will show ways to fund what they need out there.
The reconveyance is the best plan financially, ecologically, and for the community that they
could ever get from the State.
Rick Gantman, Mt. Baker School District Superintendent, stated he thanks the
Council for considering all the complex issues related to the impact of reconveyance to the
Mt. Baker School District.
Shelley Damewood, 119 Kilarney Place, Point Roberts, submitted information (on file,
exhibit C) regarding the Whatcom County Solid Waste Ordinance relating to curbside
recycling in Point Roberts. Some of the Whereas statements in the proposed change may
not be valid. There were no figures as of July 26 to put this ordinance forward.
No one has addressed the hostile climate in Point Roberts due to the removal of
curbside recycling. Her information includes letters from Points Recycling to the community.
The information in the letters is untrue.
Whatcom County Council, 9/23/2008, Page 2
1
2 PUBLIC HEARINGS
3
4 1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2009 ANNUAL
5 CONSTRUCTION PROGRAM (AB2008 -321)
6
7 Weimer opened the public hearing and, hearing no one, closed the public hearing.
8
9 Caskey- Schreiber moved to approve the resolution.
10
11 Brenner stated the Council made an amendment to add money to Lincoln Road. She
12 asked for confirmation that the amendment is in the resolution for 2009.
13
14 Joe Rutan, Public Works Department, stated it is for 2009. Everything in this
15 program is for 2009.
16
17 Motion carried unanimously.
18
19 2. RESOLUTION TO SELL SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION
20 (AB2008 -320A)
21
22 Weimer opened the public hearing and, hearing no one, closed the public hearing.
23
24 Brenner moved to approve the resolution.
25
26 Fleetwood asked where the auctions are held and if there is a minimum bid amount.
27
28 Brenner stated councilmembers can't bid on these items.
29
30 Dewey Desler, Deputy Administrator, stated staff will get the answer to
31 Councilmember Fleetwood tomorrow.
32
33 Motion carried unanimously.
34
35 3. RESOLUTION APPROVING THE POINT ROBERTS WATER DISTRICT #4
36 COMPREHENSIVE WATER SYSTEM PLAN UPDATE (AB2008 -327)
37
38 Weimer opened the public hearing and the following people spoke:
39
40 Doug Campbell, 1401 Aster Street, Bellingham, stated he is an engineer working in
41 the Point Roberts area. He's reviewed the plan. It's adequate, and meets Department of
42 Health requirements for that area. This allows some folks to move forward with getting
43 water supply. The Council should approve the plan and allow Point Roberts to grow.
44
45 Hearing no one else, Weimer closed the public hearing.
46
47 Brenner moved to approve the resolution.
48
49 Motion carried unanimously.
50
51 4. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
52 NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
53 SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
54 (AB2008 -114A)
Whatcom County Council, 9/23/2008, Page 3
Weimer opened the public hearing and the following people spoke:
Dave Pros, 1466 Roy Road, Bellingham, stated he is in favor of the interim
moratorium. During the process of choosing population numbers and creating a new vision,
there are ways to have something that solves problems for everyone. The solution is in a
video about how Aspen, Colorado has transfers of development rights (TDR) worth
$300,000 each. There is a video about it. He can email the link to anyone who wishes.
Locally, they can have a TDR program that is functioning, works well, makes the people
around the lake happy, and maybe gets them other things like hard boundaries and other
things.
Hearing no one else, Weimer closed the public hearing.
Fleetwood moved to adopt the ordinance.
Brenner asked when an interim moratorium becomes a de facto downzone. She
asked how long this ordinance has been in effect. She asked if there is a legal rule about it.
The County Council isn't receiving any specifics. They all agree with transfers of
development rights (TDR's), but nothing specific is coming forward.
Weimer stated the Council has been doing this since 2005.
Caskey- Schreiber stated it was adopted at the December County Council meeting
held just after she was elected. It's nice that they have a time -out regarding subdividing in
the watershed. There are many things going on, including the total maximum daily load
(TMDL) study results, the stormwater plan, and property acquisition. In a way, they've
accomplished a lot without the pressure of being reactive to development. Keep it in place
until they figure out what will have the most benefits. Then they need to figure out if they
want to change the zone to eliminate the option to subdivide or how they will allow
subdividing if they allow it. She hopes they can get that in the next year as they figure out
the stormwater plan implementation.
Brenner asked at what point they are relying on this interim instead of developing a
final ordinance.
Karen Frakes, Prosecutor's Office, stated there is no hard and fast rule. Many people
talk about a case in Lake Tahoe where a temporary moratorium went on for years, a lot
longer than this.
Brenner stated she hopes they get something in the next year.
Caskey- Schreiber stated it will come from the Council, too.
Brenner stated she will put something together for the next meeting.
Fleetwood stated there was a moratorium response plan. The Council said it would
actively go through the steps in the response plan. However, they haven't begun that
process. They need to make that happen.
Also, the State Environmental Policy Act (SEPA) determination for this was originally
issued January 2005. Councilmember Caskey- Schreiber may be thinking of another
moratorium. They could schedule a discussion of refining their moratorium response on this
Whatcom County Council, 9/23/2008, Page 4
issue on the Natural Resources Committee or Planning and Development Committee
agenda.
Weimer stated the timing is good, because the City of Bellingham is working through
their issues. Once they're done, their issues will integrate with the County's issues.
Hopefully they can get on the same timeline.
Motion to adopt carried 5 -0 with Nelson and Crawford absent.
CONSENT AGENDA
Weimer reported for the Special Committee of the Whole and moved to approve
Consent Agenda items one through ten.
Brenner withdrew items four and seven.
Motion to approve Consent Agenda items one through three, five, six, and
eight through ten carried unanimously.
1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR
SERVICES BETWEEN WHATCOM COUNTY AND BLACK ROCK CABLE, INC. FOR
FIBER OPTIC CONNECTIVITY TO THE JAIL WORK CENTER IN THE AMOUNT
OF $28,800 (AB2008 -329)
2. RESOLUTION APPROVING AN INCREASE TO CONTRACT NUMBER 200804021
WITH TOPSIDE ROOFING AND CONSTRUCTION PERTAINING TO THE
REPLACEMENT OF THE ROOFS ON THE ROEDER HOME AND HORN
RESIDENCE IN THE AMOUNT OF $18,314.18 (AB2008 -330)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE PURCHASE OF
COMPUTER EQUIPMENT THROUGH WASHINGTON STATE CONTRACT FROM
IBM IN THE AMOUNT OF $52,230.98 (AB2008 -331)
4. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD BID 08 -81 TO LOW
BIDDER WOODS LOGGING SUPPLY FOR THE SUPPLY OF SHEAVES FOR THE
LUMMI FERRY TERMINALS IN THE AMOUNT OF $176,220.24 (AB2008 -332)
Brenner stated this should come out of road fund, not ferry fund, since it's part of
the docks.
Frank Abart, Public Works Director, stated it's from the ferry fund, not road fund,
because it's set up as a maintenance expense. That's consistent with all their definitions of
capital expenses and maintenance. It is not a capital expense.
Brenner stated dock maintenance should be paid from the road fund. Docks used to
come from the road fund. It got changed a few years ago. No one told Lummi Island
residents when the change happened, so no one complained and she supported it. Since
then, people have made the argument that it's no different from a bridge, including the
pieces that go with it. The ferry is a different item.
Caskey- Schreiber stated they wouldn't have to pay the cost if they didn't have the
ferry. Bridge expenses are subsidized from federal funds so it's not such a heavy hit to the
road fund. The road fund is over - taxed. The ferry fund should represent the true cost to
Whatcom County Council, 9/23/2008, Page 5
operate the ferry. Maintaining the dock for the ferry is one cost. Abart stated the current
ordinance defines the maintenance activity as coming out of the ferry fund. If the Council
wants to do something differently, they have to adopt the ordinance.
Weimer asked if capital expenses don't come out of the ferry fund. Abart stated
that's correct.
Weimer asked the difference between a sheave that will last many years versus a
piling. Abart stated the piling is completely removed and replaced. In this case, they are
only removing certain components of the dock and device.
Brenner stated it's an issue of fairness. This was always from the road fund, until a
few years ago. The County gave no notice to Lummi Island residents. It didn't occur to her
to oppose it. However, it's not fair to do it that way, whether or not they get federal
money. She asked if they get federal funding for every road they have.
Caskey- Schreiber stated that's not what she said. She said they get federal funding
for bridges.
Abart stated they get a lot of federal funding for bridges and roads. There are three
of them on the construction program. All have federal funding.
Brenner stated they don't always use federal. money on bridge work, especially for
maintenance and operation. They use road funds for bridge maintenance. There's no
difference. It's a more expensive road.
Weimer moved to approve the request.
Motion carried 4 -1 with Brenner opposed.
S. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT
AMENDMENT FOR EXTENSION OF SERVICES WITH REISNER DISTRIBUTOR,
INC. IN THE AMENDED AMOUNT OF $1,684,980.50 FOR PURCHASE AND
DELIVERY OF FUEL FOR COUNTY EQUIPMENT AND VEHICLES (AB2008 -334)
6. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT
BETWEEN WHATCOM COUNTY AND SASCO DATA SYSTEMS FOR OUTSIDE
PLANT CABLE INFRASTRUCTURE RELOCATION FROM THE HEALTH
DEPARTMENT BUILDING TO THE FACILITIES BUILDING AND THE
COURTHOUSE IN THE AMOUNT OF $75,880 (AB2008 -335)
7. RESOLUTION AUTHORIZING THE DEMOLITION OF A STRUCTURE LOCATED
AT 401 GRAND AVENUE (AB2008 -337)
Kelly moved to approve the resolution.
Brenner stated she supports this item.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
RENEWAL INSURANCE POLICY FOR THE WHATCOM CHIEF FOR THE PERIOD
OF 9/30/08 TO 9/30/09 IN THE AMOUNT OF $35,545 (AB2008 -338)
Whatcom County Council, 9/23/2008, Page 6
9. REQUEST APPROVAL FOR THE EXECUTIVE, ACTING ON BEHALF OF THE FCZD
BOARD OF SUPERVISORS, TO ENTER INTO A JOINT FUNDING AGREEMENT
WITH USGS FOR ANNUAL OPERATION AND MAINTENANCE OF THE
COUNTY'S STREAM GAGE NETWORK IN THE AMOUNT OF $70,290 (AB2008-
333) LCOUNCIL ACTING AS THE WHATCOM COUNTY FCZD BOARD OF
SUPERVISORS)
10. REQUEST APPROVAL FOR THE EXECUTIVE, ACTING ON BEHALF OF THE FCZD
BOARD OF SUPERVISORS, TO ENTER INTO A GRANT AGREEMENT WITH THE
WASHINGTON STATE DEPT OF ECOLOGY FOR THE IMPLEMENTATION AND
MAINTENANCE OF NEW RIPARIAN RESTORATION PROJECTS FOR THE FCZD
AND DRAINAGE IMPROVEMENT DISTRICT PROJECTS IN THE AMOUNT OF
$666,667 (AB2008 -336) ICOUNCIL ACTING AS THE WHATCOM COUNTY
FCZD BOARD OF SUPERVISORS)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, TENTH
REQUEST, IN THE AMOUNT OF $1,938,983 (AB2008 -325)
Weimer reported for the Special Committee of the Whole and moved to adopt the
ordinance.
Motion failed 3 -2 with Kelly and Brenner opposed, for lack of a Council
majority.
Brenner stated there are big numbers with fuel costs. They are close to doing the
budget. It seems more prudent to put that specifically in the budget request.
Kelly stated that since it's so close to developing the 2009/2010 Budget, it is more
appropriate to have that discussion at that time. It doesn't seem prudent to approve such a
large expenditure at this time without incorporating it into a much larger budget discussion.
Caskey- Schreiber stated they talked about the one item in the amount of $1.5
million. They talked about it a month ago. The Council gave direction to pursue outside
funding for the Hannegan Road and East Pole Road intersection. The administration
followed up on the direction and brought this back to the Council. There are many things in
this budget item that are needed now. The new budget won't be adopted until December.
Don't put these projects on hold for six months.
Weimer stated this fuel issue isn't in this budget request. It was in a Consent
Agenda item.
Brenner moved to reconsider the vote.
Motion to reconsider carried unanimously.
Brenner moved to adopt the ordinance.
Motion carried unanimously.
Whatcom County Council, 9/23/2008, Page 7
2. REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT OF
BECKY SKAGGS TO THE BELLINGHAM - WHATCOM COUNTY COMMISSION
AGAINST DOMESTIC VIOLENCE (AB2008 -340)
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
3. REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT OF
ROGER YODER TO THE AGRICULTURAL ADVISORY COMMITTEE (AB2008-
341)
Caskey - Schreiber moved to confirm the appointment.
Motion carried unanimously.
4. REQUEST CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT OF
PATRICIA RUSSELL TO THE WHATCOM COUNTY VETERAN'S ADVISORY
BOARD (AB2008 -342)
Weimer moved to confirm the correct applicant, Lindsay Christopher.
Motion carried unanimously.
S. RESOLUTION ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2009 (AB2008 -328)
Caskey - Schreiber moved to approve the resolution.
Brenner stated people have trouble remembering which - Tuesdays the Council
meetings are scheduled. She doesn't know of any other jurisdiction that meets "every
other," rather than specific dates, such as the second and fourth Tuesday of the month.
That way, the public can always look at the calendar and know which days are Council days.
Weimer stated this schedule gives them some flexibility to change some meetings.
Kelly asked if there is a problem with a more specific schedule.
Dana Brown - Davis, Clerk of the Council, stated the reason is to work the schedule
around holidays. Also, they would have to amend the County Code to change the meeting
dates.
Kelly stated knowing for sure would help him in his other job.
Caskey- Schreiber stated they would get less vacation time in August and December
with a more specific schedule. The breaks would go from three weeks to two weeks.
Brenner stated this is about the public, not about the councilmembers.
Caskey- Schreiber stated the public gets involved when they have a topic of interest.
They will look and figure out when the meeting dates are, and attend accordingly. Meeting
attendance depends on the issue, not on the date. The system works. Ms. Brown -Davis
does a great job getting notice out to the public. The current schedule gives the staff time
to put the agendas together.
Whatcom County Council, 9/23/2008, 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
Weimer stated he also agrees with the current schedule. This schedule ensures that
they don't meet immediately after a holiday as often, which is a benefit.
Fleetwood asked if Ms. Brenner believes that people aren't attending this meeting
tonight because they are confused about when the County Council meeting is.
Brenner stated they won't know that answer. There
don't attend a meeting because they don't remember whe n
called and asked her, and she has to think about it.
Motion carried 4 -1 with Brenner opposed.
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
are probably a few people who
the meeting is. People have
Brenner stated an easement to the Nessett Farm is over someone's property. The
County doesn't own that easement. Parks and Recreation Department Director Mike
McFarland said he would put information together.
Pete Kremen, County Executive, stated the matter is being dealt with.
Caskey- Schreiber stated she recently attended a retreat at the Lake Samish Lodge.
She urges the community to use this venue. The rent is reasonable. The facility is lovely.
The staff are awesome. The location is beautiful.
(Clerk's Note: End of tape one, side A.)
ADJOURN
The meetin adjourned at 7:49 p.m.
Jill Nixon, Minutes Transcription
\�kt�l�lilly��approved these minutes on October 21 , 2008.
vNTY
. • "'' •. C ���� WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
pVN ,_
` o•
• � ^� may.
bana'Br his,• ou it Clerk Carl Weimer, Council Chair
•. �.
•..•.•
Whatcom County Council, 9/23/2008, Page 9