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HomeMy WebLinkAboutCouncil May 22 20071 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 22, 2007 Council Chair Carl Weimer called the meeting to order at 7:05 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey- Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None Weimer announced that the following three items were discussed in the Committee of the Whole meeting. Items one and two were discussed in executive session: I. Discussion with Chief Civil Deputy Prosecutor Randall Watts regarding pending litigation (AB2007 -018) 2. Discussion with Whatcom County Prosecutor David McEachran regarding a legal matter (AB2007 -018) Crawford moved to request the Prosecuting Attorney to file a petition for review of the final order of the Washington State Liquor Control Board, which authorized the spirits /beer /wine /restaurant /lounge license for Northwood Crossing Casino, license no. 400779, granted on May 4, 2007. Fleetwood states he would recuse himself from the vote due to conflict because of his employment with the Tribe. Caskey - Schreiber stated she is against the motion. They must negotiate directly with the Tribe and address concerns through mitigation. This path won't be successful. Brenner stated she is in favor of the motion. If the County has jurisdiction, don't let any other agency make a rule. It sets a very dangerous precedent. Motion carried 4 -2 with Caskey- Schreiber and McShane opposed and Fleetwood abstaining. 3. Discussion regarding work assignment proposals for the Council's Planning and Policy Analyst (AB2007 -228) Whatcom County Council, 5/22/2007, Page 1 1 SPECIAL PRESENTATION 2 3 4 1. STATE OF THE COUNTY PRESENTATION BY COUNTY EXECUTIVE PETE 5 KREMEN (AS2007 -017) 6 7 Pete Kremen, County Executive, submitted and read from the State of the County 8 address (on file). 9 10 2. REPRESENTATIVE DOUG ERICKSON TO PROVIDE A LEGISLATIVE UPDATE 11 (AB2007 -017) 12 13 Doug Erickson, 42nd District Legislator, submitted information (on file) to update the 14 County on issues before the legislature. He discussed the status of various State 15 transportation projects and funding for a variety of capital projects around the county. 16 Now, the State is not operating as fiscally sound as the County. It is spending more than it 17 takes in. The County should be aware of that for the future. They anticipate substantial, 18 multi - billion dollar budget shortfalls in the next three to five years, even if the economy 19 stays positive. He read his handouts on agricultural issues and the Climate Advisory Team. 20 21 3. EXECUTIVE KREMEN TO PRESENT THE BUDGET PREPARATION AWARD 22 PLAQUES (AB2007 -017) 23 24 Pete Kremen, County Executive, presented the budget awards. He presented the 25 best performance measurement award to the Auditor's Office, the best objectives award to 26 the County Council Office, and the best overall budget submission award to the Jail. 27 28 29 MINUTES CONSENT 30 31 Brenner moved to approve the Minutes Consent items. 32 33 Motion carried unanimously. 34 35 1. SURFACE WATER WORK SESSION FOR APRIL 17, 2007 36 37 2. SPECIAL COUNTY COUNCIL FOR APRIL 17, 2007 38 39 3. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 1, 2007 40 41 42 PUBLIC HEARINGS 43 44 1. RESOLUTION TO SELL SURPLUS PROPERTY LOCATED AT 2158 SOUTH 45 NUGENT ROAD, LUMMI ISLAND, WA (AB2007 -153A) 46 47 Weimer opened the public hearing and the following people spoke: 48 49 Earle Jewell, 3805 Centerview Road, Lummi Island, stated the County should sell the 50 house. The property was purchased for a parking lot. 51 52 Michelle Luke, 3343 Sunrise Cove, Lummi Island, stated they must first have a long - 53 term plan before negotiating away that property. They can't connect transportation with Whatcom County Council, 5/22/2007, Page 2 I jams and jellies. There is a variety of community groups on the island with a variety of 2 needs. It is a healthy functioning community now. This property is not the appropriate 3 place for community groups. 4 5 Anne Jewell, 3805 Centerview Road, Lummi Island, stated the land purchased for a 6 parking lot should be used for a parking lot. With the growth that will happen on the island, 7 the parking lot will soon be too small. Sell the house. The road fund should be used for 8 road purposes. Residents are divided on this issue more than any other issue. She 9 explained the history of the house. 10 11 Bob Bowman, 3074 Mt. Vista Drive, Lummi Island, submitted and read from his 12 statement (on file). The cost to bring the structure into compliance with the Americans with 13 Disabilities Act (ADA) would be over $100,000. Sell the house. 14 15 Fred Kinny, 4164 Legoe Bay, Lummi Island, stated sell the house. The Embry house 16 is the wrong place for a community center. It's too small. The County should not subsidize 17 any interest group, including the Land Trust. 18 19 John Granger, 2176 Granger Way, stated the house was moved to Lummi Island in 20 1962, and can be moved again. It is suitable for a single - family dwelling, but not a 21 community center. It is not ADA compliant. There is already a place on the dock for people 22 to be out of the weather while waiting for the ferry. The house should be moved off the 23 property. 24 25 Polly Hansen, 2781 West Shore Drive, Lummi Island, stated the Land Trust is 26 prepared to bring the house into ADA compliance without using County funds. The house is 27 in excellent shape and is fit for use. There is a development plan for the Embry House. 28 There must be a larger vision for community development on Lummi Island. 29 30 Randy Hathaway, 1634 South Nugent Road, Lummi Island, stated the County should 31 move the house. The house has no historic value. Planned uses can be accommodated 32 elsewhere. Leaving a building in the middle of a parking area is a design impediment. 33 Surplus the house and proceed with developing an unobstructed parking area. 34 35 Elaine Granger, 2176 Granger Way, Lummi Island, stated the people on the island 36 are divided neighbor against neighbor. 37 38 (Clerk's Note: End of tape one, side A.) 39 40 Granger continued to state that the County should auction and move the house. 41 Settle this ordeal. 42 43 Janet Lutz - Smith, 3873 Legoe Bay Road, Lummi Island, stated the Embry house is 44 an exciting vision for the community. The house is a part of the community and could be a 45 community center. It's a place where things can happen. She would like to see a plan for 46 the Land Trust to use the building. 47 48 Loraine Dukes, 2517 island View Lane, Lummi Island, stated the house can serve 49 the community. It provides a small space for community activities and could serve as a 50 transportation center for Lummi Island. The house could provide a warm place to wait for 51 the ferry during cold weather. Keep the house. 52 Whatcom County Council, 5/22/2007, Page 3 Colleen Berg, 2109 Tuttle Lane, Lummi Island, stated she supports leaving the house in its current location. She submitted a handout listing everyone who supports the idea of using the house as a community and transportation center (on file). The van program has been growing, but they need a place to park the van. No one is asking the County to subsidize their project. They want to encourage alternative transportation options. Bob Busch, 3612 Sunrise Road, Lummi Island, stated he is opposed to doing anything to the building other than selling it and moving it. He would like to know if the County plans to put a building on the site in the future. David Ernst, 2884 West Shore Drive, Lummi Island, stated the Lummi Island Subarea Plan is coming before the Council soon. It will slow growth on the island. The plan presently requires five acres minimum lot size, which means growth will not be as extreme as many other areas of the county. Most likely, more parking won't be required. If more parking is necessary, the County already owns another parcel that it could use. Use the house as a transportation center. Shawn Bass, 2111 Tuttle Lane, Lummi Island, stated he is a volunteer on Lummi Island. If a community center were feasible, the Council would see more interaction among the community groups. That isn't happening. A transportation hub is the authority of the Whatcom Transportation Authority, not the Land Trust. The van program is a separate issue. The house is not an appropriate facility for that use. Surplus the house. Kate Underwood, 1219 Beach Avenue, Lummi Island, stated that protecting the environment is about using resources wisely. The community van does that. The house has more benefit to the community if it stays where it is. It would provide a warm place to wait between the ferry and the bus. Wanda Cucinotta, 2303 Tuttle Lane, submitted and read from her testimony (on FIle). Leave the house where it is. Sandy McCandless, 2142 Granger Way, Lummi Island, stated the inside of the Embry house is very nice. The County should save the house. Duncan McLean, 2117 Granger Way, Lummi Island, stated that if the house is maintained at its current location, it is going to require parking. That parking for the use of the house will be taken out of the ferry parking area that the County is trying to create. If they need more parking in the future, they will have to take down trees and pave another area. There is an existing resource very close to the ferry ramp that can be enclosed without much cost, and there will be room for the van parking. Hearing no one else, Weimer closed the public hearing. Crawford moved to approve the resolution. Caskey- Schreiber stated she is against the resolution. Parking was never designated for this particular parcel at this time. Leave the house on the property. Use the building as a rental or long -term lease facility until the County needs the land. It will provide a meeting place. She likes the van pool idea. The parking lot will cost $17,000 per car stall. Encourage the use of the van. A benefit of added public presence is that the County won't have to pay more for added parking security. Whatcom County Council, 5/22/2007, Page 4 McShane stated the best thing he heard about through this whole process was the creation of the van program. He opposed the purchase of the property. The County should sell the entire property. This is a very expensive parking lot. The van program is the most successful way to minimize impacts to the ferry. However, the legal constraints are clear, and the house has to be surplused. This was an extravagant expense that was unnecessary. Weimer stated that legally this does not have to be sold. Legal counsel said that a clear transportation service would be allowed, with a value equal to the value of a monthly lease amount. This needs to go forward with no cost to the County. The Land Trust has offered to pay for all the upgrades. All the parking spaces promised have been put in, so this use wouldn't take up ferry parking. The County administration has no plans at this time to develop more parking. His vision for this property is to house the van service and the transportation hub. Just one parking space is worth more than the value of the lease for an entire year. The van program is saving money by avoiding more transportation costs. He will vote against surplusing the house. McShane asked if they can make a financial link between the value of this building and how it would be used within the context of the road fund. Weimer stated that if the public use of the house is clearly related to transportation, of which the van service is, it can account for the value of the lease on the house. They would still have to pay for the State leasehold tax to the County. The rest of the amount would be waived. That was written in the original request for proposals (RFP). However, because of a proposed mixed use that included a commercial kitchen, things fell apart during the resulting negotiation. If this is just a transportation hub, there isn't a problem. Brenner stated she contacted the Whatcom Transportation Authority (WTA), which told her that more than half of the van ridership is kids going to and from the Ferndale School District. They aren't parking cars on one side or another. Given the van that the community is using, the program isn't really legally allowed, but they're letting it go until school is out. According to WTA, there are about ten trips per day average of non - students. They can't say this is a better service than the Ferndale School District. She also talked to Public Works staff and the County Executive about putting heat and plexiglass in the waiting area. The County should develop off -ferry ticketing, which could be done at the store or the cafe. It is not an issue of parking. This house will not qualify as any kind of historic house if it must be upgraded for ADA purposes. She would like to see the house used as a house. It's too small for a community area. Since this has come up again, the Public Works Department has spent 80 hours of staff time on this issue. That's taxpayer money. Not one person has thanked the County Council for the fact that the County preserved the beach access. This whole issue has gotten ugly. Back then, the Land Trust didn't have the money. The County bought the property at fair market value, not a reduced value. Recycle the house for its intended use, which is a house. The fire hall has bought land near the ferry and will create a way for people to have meetings there, without having to have a firefighter present. No one seems to be willing to compromise. She is impressed with the parish nurse program on Lummi Island. There was no mention of any kind of trade. The County agreed to take over the option because it could afford it, and nonprofits would be given an opportunity to present a proposal. The County had the option of taking or rejecting one or all proposal. It wasn't a Whatcom County Council, 5/22/2007, Page 5 1 done deal. This issue is important to her. She supports selling the house for use. She 2 cares a lot about Lummi Island. The people who live there have a real community that 3 looks out for each other. She looks forward to people healing and working together on 4 future issues. 5 6 Weimer stated it is expensive to build something when there is not something there. 7 On Lummi Island, something is already there. There is no harm in having another meeting 8 space as long as there is no cost to the public. Getting rid of the house just to have empty 9 space won't accomplish anything. 10 11 Brenner stated that they should surplus the house now because it's in good shape. 12 It won't stay in good shape if it sits empty. 13 14 Motion to approve the resolution carried 4 -3 with Caskey- Schreiber, 15 Weimer, and Fleetwood opposed. 16 17 18 OPEN SESSION 19 20 The following people spoke: 21 22 Bob Hollingsworth, 1877 Academy Road, stated he represents the Squalicum Valley 23 group and the Academy Hill group. The Council adopted a moratorium on lot clustering on 24 Squalicum Mountain last fail. They appreciate that ordinance. More work needs to be done. 25 Lake quality is declining. Lake homes received water without City approval. Two top 26 County planners have resigned. Halt expansion of urban growth areas and annexations. 27 The answer to growth in Bellingham is to grow up, not out. Stop urban sprawl and protect 28 the lake. Big money is being made at the expense of people who drink the water. 29 30 McShane asked the percent of forest cover removed from these properties before 31 construction began. Hollingsworth stated they take down the perimeter trees with the deep 32 root structure. Once those trees are down, Mother Nature will clear out the rest of the trees 33 during storms. More than the allowed 35 percent of the trees have come down. 34 35 Ann Taylor, 3066 Northshore Road, stated continue to allow horses on Academy 36 Road. She submitted a handout (on file). A developer created a private road named 37 Vineyard Road and closed the road where she used to ride her horse. She asked how the 38 developers can cut down so many trees when they need those trees to protect Lake 39 Whatcom. 40 41 Larry Helm, 2660 E. 41St Terrace, stated the second largest recharge streams is 42 under Agate Bay Road. Now, the water and sewer district is doing massive water 43 withdrawal from that well. Don't intercept the recharge water before it gets to the lake. It 44 sets a bad precedent. They should get the water out of the lake, not the clean water that 45 comes into the lake. Also, remember that drawing the water down too fast will draw water 46 out of the Squalicum Valley and their well. Many people are drilling exempt wells. Consider 47 the cumulative effect of many exempt wells. He's been waiting for a water right for four 48 years for his farm. Don't let 20 exempt wells go in around him. He was first in line. 49 50 Ralph Falk, Birch Bay Village President, submitted information (on file). He read 51 from the letter with several questions about connector roads in the Birch Bay area. 52 Whatcom County Council, 5/22/2007, Page 6 Brenner stated she attended a meeting with the County Executive, County staff, and representatives from Birch Bay Village. They talked about this being the last thing to get done. She thought it wouldn't go anywhere until the other parts were done. The reason it's happening now is because of the good weather. Falk stated the issue isn't about weather. They talked about waiting until the Lincoln Road project is done, so there is an alternative access. flow, everyone has to go around. He asked why it has to be done now. Sandra Carlton, 4815 Academy Street, Bellingham, stated that in the Vineyard development, 401 cubic yards per house were filled. She submitted information (on file). Water District 7 illegally allowed water hookups to Bellingham's water supply for Squalicum Mountain. Also, seventeen County planners have left since 2000. All these vacancies leave holes for developers to go through. She asked how the County could issue building permits to hook up to City services, in violation of these City rules. She asked how Water District 7 officials pulled this off without the County being aware of it. The City and County should come together to protect the water supply. Jack Petree, 2955 Sunset, Bellingham, submitted information (on file). The County missed the deadline to complete the urban growth area review, and is open to a legal challenge. Today's deadline was for the ten -year review of the entire county. The County is supposed to look at each city and urban growth area in the county to analyze where growth should go. It is a legislatively mandated deadline. The County promised the Hearings Board that it would be done with this ten -year review by now. The County hasn't even started. Christie Slette, 4264 Squalicum Lake Road, stated City water is being used to facilitate development in the Lake Whatcom watershed, in an area outside of the city and its urban growth area. The Growth Management Act and County Comprehensive Plan do not allow extension if City water into a rural zone. She asked how this happened and what is happening in the Planning Department. Virginia Ambrosio, 3740 Squalicum Lake Road, stated Squalicum Mountain is not meant to be developed. The Planning and Development Services Department has not been able to protect the reservoir, resource lands, or tax dollars. Gwen Hunter, 2540 Applejack Lane, stated only one stop work order was issued at Squalicum Mountain. Developing is still going on up on Squalicum Mountain. She asked why the building permits were not rescinded pending review, The developers should be required to replant the forest. They are trying to hurry and get things done before they can be stopped. The only cure for the lake is to reverse development and plant more trees. Do something to get the Planning Department on track. Marion Beddill, 3600 Seeley Street, Bellingham, stated they must protect the Lake Whatcom reservoir now and for forever. She read an email she sent to the Council earlier (on file). Minimize the degradation of the water supply for public health reasons. Take solid action and do solid enforcement. 2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION REG. #TR2007 -01 (AB2007 -217A) Weimer opened the public hearing and, hearing no one, closed the public hearing. Whatcom County Council, 5/22/2007, Page 7 Fleetwood moved to approve the resolution. Motion carried unanimously. 3. ORDINANCE AMENDING ORDINANCE 2007 -023 TO REMOVE AN ADDITIONAL STOP SIGN AND CLARIFY EXISTING TEMPORARY ONE -WAY DETOURS RELATED TO THE CABLE STREET RECONSTRUCTION PROJECT (AB2007- 169B) Weimer opened the public hearing and, hearing no one, closed the public hearing. Caskey - Schreiber moved to adopt the ordinance. Motion carried unanimously. 4. ORDINANCE REMOVING, ON AN INTERIM BASIS, THE LOT CLUSTERING PROVISION FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2007 -229) Weimer opened the public hearing and the following people spoke: Lynne Oliver, 3760 Squalicum Lake Road, stated she encourages the Council to make a responsible decision about Lake Whatcom. The terms in the interlocal agreement between Whatcom County and Water District 7 weren't followed and weren't enforced. She asked for a permanent moratorium on lot clustering in the rural forest district. Brenner stated they aren't allowed to do a permanent moratorium. They must decide whether to allow it at all. A moratorium is, by nature, a temporary thing. Kurt Russo, 3963 Squalicum Lake Road, stated he met with Dr. Robin Matthews, who presented him with a copy of the Lake Whatcom monitoring project report. Dr. Matthews said there should be no development in the watershed, and development should actually be reversed. The Department of Ecology anticipates that the total maximum daily load (TMDL) study will conclude that there should be no more phosphorous delivered into the Lake Whatcom watershed and that current stormwater runoff technologies will not accomplish this. Consider initiating a visioning committee for Whatcom County. He will recommend to the Water Board that they petition to Attorney General to come to Whatcom County to investigate the activities of Water Districts 7 and 10. Gwen Hunter, 2540 Applejack Lane, Bellingham, stated she thanks the County Council for the moratorium. She hopes that the County will permanently remove the clustering provision for rural forest lands. Judie Westhoff, 4172 Squalicum Lake Road, stated clustering is not an option. Many citizens ask the Council to remove now and forever the clustering provision in the rural forestry district. Hearing no one else, Weimer closed the public hearing. Brenner moved to adopt the ordinance. McShane stated he drove the Academy Road area. There are certainly enforcement issues going on. People must be aware of the rules and regulations in the watershed. He Whatcom County Council, 5/22/2007, Page 8 1 hopes to get a good handle on the water available issue. Tree clearing regulations may not 2 be followed. He witnessed a significant amount if inappropriate agricultural activity in the 3 watershed. No new agriculture or expansion of farms is allowed. Some of the biggest 4 problems have to do with animal husbandry. The worst mud he saw was on very poorly 5 managed and abandoned logging roads. Those roads are routinely used by off -road 6 vehicles. He also saw abandoned cars on the mud roads. They need significant monitoring 7 in the watershed. An education program combined with enforcement is probably the only 8 thing that is going to work. He supports the ordinance. 9 10 Nelson stated many of those practices are traditional uses in the watershed. 11 Education has greatly helped. More things can be done. He has concerns also about off - 12 road vehicle use on Squalicum Mountain. Work with forestry and property owners to get 13 people off those lands. 14 15 He would rather see agricultural practices than big lawn gardening practices. They 16 may be able to better - control agricultural practices. The issue isn't just forestry. The issue 17 includes rural lands in general. Look at clustering as an action in all the lands. Get an 18 evaluation of that use and its impacts. If something is good for the watershed, it should be 19 good for the entire community. 20 21 Brenner stated she attended a timber tour on Academy Road. The owner has done a 22 wonderful job converting agricultural land to forest land. He is getting ready to gift the land 23 to the Land Trust. 24 25 Hal Hart, Planning and Development Services Director, explained the procedure for 26 enforcement. 27 28 (Clerk's (Vote: End of tape two, side A.) 29 30 Hart continued to state that there have been problems up there on occasion. Staff 31 has tried to take care of problems as quickly as possible. Landowner education is needed. 32 33 Weimer asked if the staff assigned to enforcement out there have resigned. Hart 34 stated the County will rehire those positions. In the meantime, existing staff with 35 experience will rotate those duties, so the transition will be as seamless as possible. Staff 36 are in the watershed everyday. 37 38 Motion to adopt carried 6 -1 with Crawford opposed. 39 40 41 CONSENT AGENDA 42 43 Crawford reported for the Finance and Administrative Services Committee and 44 moved to approve Consent Agenda items one through ten. 45 46 Brenner withdrew item four. 47 48 Motion to approve Consent Agenda items one through three and five 49 through ten carried unanimously. 50 51 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT 52 AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND THE 53 WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS (AOC) TO Whatcom County Council, 5 /22/2007, Page 9 PROVIDE FOR A CONTRACTED LEGAL ASSISTANCE CLINIC TO AID DOMESTIC VIOLENCE LITIGANTS (AB2007 -234) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB - RECIPIENT AGREEMENT TO THE 2007 STOP GRANT AWARD WITH THE ADMINISTRATIVE OFFICE OF THE COURTS TO PROVIDE LAW ADVOCATES TO CONDUCT A CLINIC FOR DOMESTIC VIOLENCE DISSOLUTION AND CHILD CUSTODY LITIGANTS TO AID IN THE COMPLETION OF LEGAL PLEADINGS IN THE AMOUNT OF $22,737 (FUNDED BY THE STOP GRANT) (AB2007 -235) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -44 TO LOW BIDDER, SOUND FORD, FOR THE REPLACEMENT OF A 1 -TON CAB & CHASSIS WITH A DUMP BODY IN THE AMOUNT OF $37,760.27 (AB2007- 236) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -42 TO LOW BIDDER, SOUND FORD, FOR ONE REPLACEMENT AND 2 NEW PICKUP TRUCKS IN THE AMOUNT OF $60,425.82 (AB2007 -237) Crawford moved to approve the request. Brenner asked if these trucks are bio- diesel. Crawford said they are not. Brenner moved to hold this in committee until the question about bio- diesel can be answered. Use bio- diesel if they can. Motion to table failed 3 -4 with Fleetwood, Weimer, and Brenner in favor. Motion to approve carried 6 -1 with Brenner opposed. S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND NORSTAN COMMUNICATIONS, INC D /B /A BLACK BOX NETWORK SERVICES FOR REMOTE SUPPORT PLAN AND ON SITE TECHNICAL LABOR FOR MAINTENANCE SERVICES OF ERICSSON MD110 EQUIPMENT THROUGH DECEMBER 31, 2007 IN THE AMOUNT OF $21,990.50 (AB2007 -238) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND STEWART +KING ARCHITECTS, INC. FOR CONSULTING SERVICES FOR THE WHATCOM COUNTY COURTHOUSE - BASEMENT RENOVATIONS IN THE AMOUNT OF $38,250 (AS2007 -239) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -15 TO MILLER'S PAINTING FOR MISCELLANEOUS PAINTING AT WHATCOM COUNTY FACILITIES IN BELLINGHAM, WA NOT TO EXCEED $60,000 INCLUDING TAX (AB2007 -240) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND EDGE Whatcom County Council, 5/22/2007, Page 10 1 ANALYTICAL LABORATORY TESTING SERVICES NOT TO EXCEED $25,000 2 ANNUALLY (AB2007 -241) 3 4 9. RESOLUTION ORDERING THE CANCELLATION OF WHATCOM COUNTY ]AIL 5 INMATE TRUST FUND CHECKS MORE THAN TWO YEARS OLD (AB2007 -242) 6 7 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN 8 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF 9 BELLINGHAM FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT 10 WITHIN THE CITY OF BELLINGHAM FOR APPROXIMATELY 125 ACRES IN 11 THE VICINITY OF ALDRICH ROAD AND HORTON ROAD (AB2007 -218) 12 13 14 OTHER ITEMS 15 16 1. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, FIFTH 17 REQUEST, IN THE AMOUNT OF $373,771 (AB2007 -227) 18 19 Crawford reported for the Finance and Administrative Services Committee and 20 moved to adopt the ordinance. 21 22 Motion carried unanimously. 23 24 2. APPROVAL OF GOVERNOR ROAD -- PHASE 2 (PUD 99 -0004, LSS 99 -0007) 25 PLAT EXTENSION REQUEST, FILED BY ATTORNEY BRADLEY D. SWANSON 26 (AB2007 -232) 27 28 Fleetwood reported for the Planning and Development Committee and moved to 29 approve the request. 30 31 Motion carried 6 -1 with McShane opposed. 32 33 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW 34 LIQUOR LICENSE APPLICATION FOR POINT ROBERTS MARINA STORE, 713 35 SIMUNDSON DRIVE, PT. ROBERTS, WA (AB2007 -243) 36 37 Nelson moved to approve the request. He asked why the Council must approve 38 the liquor licenses. The State recently approved a license without bringing it before the 39 Council. 40 41 Karen Frakes, Prosecuting Attorney's Office, stated she would find out that 42 information. 43 44 Brenner stated the Tribe and trust land is treated differently. 45 46 Dewey Desler, Deputy Administrator, stated it is an advisory recommendation from 47 the representatives of the people of Whatcom County to the State Liquor Control Board. He 48 doesn't know why the Nooksack Tribe issue didn't come before the County Council. He will 49 check that out to find out if there was an error. 50 51 Frakes stated that the Council is not making the decision on the license. The Council 52 is just recommending it. 53 Whatcom County Council, 5/22/2007, Page 11 Motion carried unanimously. 4. COUNTY EXECUTIVE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF SHARON WOLF TO THE NORTHWEST SENIOR SERVICES BOARD (AB2007 -244) Brenner moved to confirm the appointment. Motion carried unanimously. S. COUNTY EXECUTIVE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF ADAM MORROW TO THE DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE (TAC) (AB2007 -245) Caskey- Schreiber moved to confirm the appointment. Crawford stated Mr. Morrow is a respected and well -known surveyor. He is the head surveyor for Pacific Surveying and Engineering. Motion carried unanimously. 6. RESOLUTION REPEALING RESOLUTION 79 -5 AND APPOINTING THE COUNTY COUNCIL CHAIRPERSON, COUNTY TREASURER, AND COUNTY AUDITOR AS WHATCOM COUNTY ADMINISTRATIVE FINANCE COMMITTEE (AB2007 -246) Crawford moved to approve the resolution. Motion carried unanimously. INTRODUCTION ITEMS Nelson moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM URBAN RESIDENTIAL - 3 UNITS /ACRE (UR3) TO URBAN RESIDENTIAL - 4 UNITS /ACRE (UR4) IN THE FERNDALE URBAN GROWTH AREA (AB2007 -247) 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE: CHAPTER 20.20 - URBAN RESIDENTIAL (UR) DISTRICT TO ADD AN URBAN RESIDENTIAL 6 UNITS /ACRE (UR6) DISTRICT AND TO ADDRESS MINIMUM DENSITY AND MINIMUM LOT SIZE REQUIREMENTS IN UR4 AND UR6 DISTRICTS (AB2007 -248) 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM UR3 TO UR4 IN THE EVERSON URBAN GROWTH AREA AND UR3 TO RSA AD]ACENT TO THE EVERSON URBAN GROWTH AREA, ON THE EAST SIDE OF EVERSON- GOSHEN ROAD (AB2007 -249) Whatcom County Council, 5/22/2007, Page 12 1 OTHER BUSINESS 2 3 There was no other business. 4 5 6 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 7 8 Nelson stated he doesn't have an answer about what happened with Water District 7. 9 He hopes to receive a report from the administration so that doesn't happen again in the 10 future. 11 12 Crawford discussed the history of the issue, which is posted on the County website. 13 Everyone is watching for the outcome. They have not yet seen the outcome. They must 14 wait and see. 15 16 Nelson stated make sure the County takes appropriate action. The community must 17 understand what's going on. 18 19 Dewey Desler, Deputy Administrator, stated Water District 7 is its own governmental 20 entity. The County doesn't have authority over what the district does. However, if the 21 district fails, the County must step in and assure ongoing service. 22 23 Caskey- Schreiber stated she thanks Planning & Development Services Director Hal 24 Hart for his service to Whatcom County. She's enjoyed working with him. He is an expert 25 and asset to the citizens of the State. 26 27 Kremen stated Mr. Hart is excellent with the public and is extremely knowledgeable 28 of planning issues. He's hardworking, committed, and dedicated. 29 30 Brenner stated Mr. Hart is the best Planning Director that Whatcom County ever had. 31 32 Crawford stated he will look at an ordinance to prevent motorized boats on Toad 33 Lake. There is no County or State law regarding Toad Lake. He is working with the 34 property owners. 35 36 Fleetwood stated he will miss Mr. Hart's presence in Whatcom County. 37 38 Brenner stated Bill Hogan hosted the forest farm tour. The ecology can be changed. 39 It went from an agricultural property to a forest. 40 41 The Council received a letter of commendation from the Sheriff's Office for several 42 deputies. She read the list of the deputies' names. 43 44 She attended two sessions regarding Ferndale High School senior culminating 45 projects. The presentations were optimistic, hopeful, and enthusiastic. One project was 46 about creating a teen peer court, which will keep some kids out of the criminal justice 47 system. They should encourage other school districts to use this model to keep kids out of 48 the criminal justice system. 49 50 Nelson stated a healthcare forum is scheduled on June 11. He is unable to attend, 51 and urges other councilmembers to attend. 52 53 Whatcom County Council, 5/22/2007, Page 13 1 ADJOURN 2 3 Thy meeting adjourned at 9:53 p.m. 5 ��- U�J 6 7 Jill Nixon, Minutes Transcription 9 The Council approved these minutes on June 19 , 2007. 10 12 ATTEST: `,``,�<<<�titl��rrrr►r��'' 16 17 Dan $ - Dadi's, f c� Clerk �'� �'• q�HING •'� WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r� Carl Weimer, Council Chair Whatcom County Council, 5/22/2007, Page 14