HomeMy WebLinkAboutCouncil April 11 20061 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 April 11, 2006
5
6 Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00 p.m. in
7 the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 Barbara Brenner Dan McShane
11 Sam Crawford
12 Seth Fleetwood
13 Carl Weimer
14 L. Ward Nelson
15
16 FLAG SALUTE
17
18
19 ANNOUNCEMENTS
20
21 Caskey- Schreiber announced there was discussion and negotiations update on
22 open and other collective bargaining agreements (AB2006 -018) and discussion
23 regarding a potential property acquisition (AB2006 -018) in executive session during
24 the Committee of the Whole meeting.
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26
27 MINUTES CONSENT
28
29 Brenner moved to approve Minutes Consent items one through four.
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31 Motion carried unanimously.
32
33 1. REGULAR COUNTY COUNCIL FOR MARCH 14, 2006
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35 2. COMMITTEE OF THE WHOLE FOR MARCH 28, 2006
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37 3. REGULAR COUNTY COUNCIL FOR MARCH 28, 2006
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39 4. SPECIAL COUNTY COUNCIL (INTRODUCE SUDDEN VALLEY ORDINANCE) FOR
40 APRIL 4, 2006
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42
43 OPEN SESSION
44
45 The following people spoke:
46
47 Dennis Jones, 1487 Sudden Valley, stated Sudden Valley met with the City last
48 Friday. It was a citizens agenda. There were people to argue for and against the petition.
49 It won't fly out there. It was well intended.
50
51 He is in favor of the ordinance continuing an interim moratorium on the
52 acceptance of new applications for subdivisions within the Lake Whatcom
Whatcom County Council, 4/11/2006, Page 1
Watershed (A132006 -172). It is necessary until the Total Maximum Daily Load (TMDL)
study is out. It's a time out, not a moratorium.
The Lake Whatcom cooperative management joint council session is coming up in a
month. Look at and fund the watershed as a whole.
Charles Law, Bellingham, stated the Minutemen are vigilantes. There have been
immigration marches on the streets. People are willing to leave their homes and come to
America. They are motivated by a chance for something better. Nearly 8 million
immigrants have come to America in the first five years of this century. Today, 12.1
percent of America residents are immigrants. The Constitution expressly ensures that
government must accord fair treatment to every individual, regardless of citizenship. The
Constitution guarantees equal protection and due process to all persons.
Recently, Minuteman Tom Williams stated he would mount operations against illegal
aliens, regardless of their country of origin. People like that are vigilantes and will quench
the desire for human liberty and freedom.
Kris Ungern, 2095 Northshore Road, stated Council actions are puzzling. Metering
residential building permits should be discussed by the Council's Planning Committee, not
the Natural Resource Committee. The full Council wisely rejected the proposal. He is
dismayed by the Council's process of putting an ordinance on the agenda, allowing public
comment, then immediately voting on the proposal. Some councilmembers don't pay
attention to public comment and have already made up their minds. If that is true, it is not
in the spirit of the Open Public Meetings Act.
The recent ordinance imposing an interim moratorium on the acceptance of
short plat applications for subdivisions in the rural zones within Agricultural
Protection Overlay areas, Rural Forestry zones, Suburban Enclaves, and
Transportation Corridors (A132006 -110) is a flawed process. The public came to the
Council prepared to address a broader moratorium affecting rural Whatcom County, but was
caught unprepared by last minute bait - and - switch tactics. Although the Appearance of
Fairness Doctrine may not apply to a legislative act, the obvious bias and lack of fair, open -
minded, objective, and impartial conduct deserves little public respect.
One introduction item is an ordinance continuing an interim moratorium on
the acceptance of new applications for subdivisions within the Lake Whatcom.
Watershed (A132006 -172). This confirms previous public observations that there is no
such thing as a temporary or interim moratorium. The County appears to be awash in
property tax revenues. They won't have to "rob a bunch of money" for pet projects. He
submitted his comments (on file, Exhibit 8).
Johnnie Graves, 4478 Northwest Drive, stated there is an article in the Whatcom
Independent about underage drinking. His 17 year old son is going through these
problems. The State and County took his son out of the home and away from his parental
authority. Citizens can only speak on issues like this for three minutes once per month.
This will only play on Channel 12. The County can do something about broadcasting on
Channel 10. It's a public channel. Encourage the City to play the program.
Jessica Welker, 1217 N. Garden Street, stated there was a protest last Wednesday
in opposition of HR 4437 and the Minutemen project in Whatcom County. There may not be
all those people here, but they support a resolution opposing the minutemen project. She
submitted a photo (on file, Exhibit A).
Whatcom County Council, 4/11/2006, Page 2
1
2
3 PUBLIC HEARINGS
4
5 1. ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON
6 CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE
7 FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY THEREUNDER TO
8 CONSTRUCT, ALTER, IMPROVE, RENEW, REPLACE, REPAIR, OPERATE, AND
9 MAINTAIN WATER AND WASTEWATER LINES UPON, UNDER, ACROSS, AND
10 ALONG CERTAIN ROADS AND RIGHTS -OF -WAY IN WHATCOM COUNTY,
11 WASHINGTON (AB2006 -146)
12
13 Caskey- Schreiber opened the public hearing and, hearing no one, closed the public
14 hearing.
15
16 Nelson moved to adopt the ordinance.
17
18 Brenner asked what happens if the Council votes no.
19
20 Crawford stated this is about construction of a wastewater line. It would create a
21 problem for them. The County is granting them a franchise to do that.
22
23 Brenner stated this seems to be already done.
24
25 Nelson stated the law requires the County to grant the franchise.
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27 Motion carried unanimously.
28
29 2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
30 PROPERTY PURSUANT TO WCC 1.10 (AB2006 -165A)
31
32 Caskey- Schreiber opened the public hearing and, hearing no one, closed the public
33 hearing.
34
35 Nelson moved to approve the resolution.
36
37 Crawford stated the 15- passenger van only has 23,000 miles on it. He asked why
38 that van is being surplused.
39
40 Nelson stated the van may have been purchased for a program the County no longer
41 has.
42
43 Bruce Roll, Assistant Director, stated the van was part of a program that has been
44 terminated. It had to do with the outdoor recreational kayak program that was heavily
45 subsidized. The van is not out of date. Hopefully they can use the revenue to purchase
46 vehicles more appropriate for the program.
47
48 Brenner stated this van is going to be auctioned. Usually they get pennies on the
49 dollar. She asked if the County can use the van for anything. Roll stated this is the kind of
50 van that is very large. He doesn't know of any other departments that are interested.
51
52 Crawford stated the County has another van that is three years old and only has
53 9,000 miles. The County may not need this van. People will competitively bid on the van.
Whatcom County Council, 4/11/2006, Page 3
Caskey- Schreiber asked if there is a set low bid price. Roll stated he thinks there is.
An item like this won't go for pennies. It has a lot of value left on it.
Motion carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six.
Motion to approve Consent Agenda items one through six carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -04
AND ENTER INTO A CONTRACT WITH LOW BIDDER WESTERN ROOFING
COMPANY, INC., FOR ROOF REPAIRS AT THE COURTHOUSE, HEALTH
DEPARTMENT AND THE FOREST STREET ANNEX, IN THE AMOUNT OF
$140,724.88 (AB2006 -173)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL COOPERATIVE ACT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
(AOC) TO PROVIDE FOR THE AOC GRANTING FEDERAL FUNDS PROVIDED
THROUGH THE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC
DEVELOPMENT UNDER THE FEDERAL STOP VIOLENCE AGAINST WOMEN
OFFICE GRANT (AB2006 -174)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND DOMESTIC
VIOLENCE AND SEXUAL ASSAULT SERVICES TO PROVIDE ON -CALL
ADVOCATES FOR ALL VICTIMS APPLYING FOR PROTECTION, IN THE
AMOUNT OF $15,750 (FUNDED BY STOP GRANT) (AB2006 -175)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATIVE SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND THE
U.S. DEPARTMENT OF AGRICULTURE TO CONDUCT WILDLIFE DAMAGE
MANAGEMENT ACTIVITIES TO CONTROL STARLING AND PIGEON
POPULATIONS WITHIN WHATCOM COUNTY, IN THE AMOUNT OF $15,009
(AB2006 -176)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AGREEMENT AMENDMENT #1 BETWEEN WHATCOM COUNTY AND LUMMI
COMMERCIAL COMPANY TO EXTEND THE PARKING LOT LEASE TO COINCIDE
WITH THE TIDELANDS LEASE AGREEMENT EXPIRATION IN 2009, IN THE
AMOUNT OF $36,592 OVER THREE YEARS, AS WELL AS INCLUDING UP TO
$50,000 IN ADDITIONAL SITE IMPROVEMENTS AND PLANNING
ASSISTANCE AT GOOSEBERRY POINT, IN PARTNERSHIP WITH THE LUMMI
COMMERCIAL COMPANY (AB2006 -177)
6. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO
YEARS OLD (AB2006 -179)
Whatcom County Council, 4111/2006, Page 4
OTHER ITEMS
1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $1,152,377 (AB2006-169)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Nelson stated the County had a contract in the past. This facility was provided and
equipped under the contract for about $360,000 per year. Now, because of things that
have gone on, the County will have to purchase the facility because the community has not
been able to work with the contractor. He is concerned about how this was approached. If
the County had done a better job working with the contractor, it would still have the
contractor for $360,000 instead of having to purchase the building and still find a
contractor. Be more cautious when doing contracts. He is concerned about the additional
cost the County will pay for animal control when it had a fine and reputable contractor. He's
sorry to see that service leave. He hopes the administration will find alternatives. It will be
far more costly.
Brenner stated she agreed that the County had a very reputable company managing
the animal control service. She understood that it had nothing to do with why the County is
buying the property. She understood it was for personal reasons.
Caskey- Schreiber stated that when the County owns that building, it may have an
opportunity to improve the ventilation of the building.
Motion carried unanimously.
2. ORDINANCE REGARDING PRO3ECT BUDGET AMENDMENT NO. 2 OF THE 2006
BUDGET IN THE AMOUNT OF $594,688 (AB2006 -170)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #6 TO THE INTERLOCAL AGREEMENT BETWEEN WHATCOM
COUNTY AND THE CITY OF LYNDEN, ALLOWING THE ANNEXATION OF
APPROXIMATELY 104 ACRES ON WEST MAIN STREET AND BERTHUSEN
ROAD WITHIN THE CITY OF LYNDEN'S URBAN GROWTH AREA (AB2006 -178)
Fleetwood reported for the Planning and Development Committee and moved to
approve the request.
Brenner stated this item is fine. In the future, there is a question of whether the
County can appeal an annexation of property in a short-term urban growth area (UGA) that
meets all the criteria of the interlocal agreement.
Hal Hart, Planning and Development Services Director, stated he believes that if
property is moved into the short-term UGA, and a city wants to annex the property, then
Whatcom County Council, 4/11/2006, Page 5
the annexation process is the County's time to comment. If the County is opposed, the
Boundary Review Board will help the County through that process. The County can appeal
the annexation.
Brenner stated she would like a legal answer at some point to know how the County
could legally appeal, after the Boundary Review Board process, if the city meets the
interlocal agreement.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
LIQUOR LICENSE APPLICATION FOR SEUTZ ME, 974 VALLEY HIGHWAY #9,
ACME, WA 98220 (AB2006 -180)
Nelson moved to approve the request.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
LIQUOR LICENSE APPLICATION FOR COMPLEMENTS, 1621 EAST 56TH
STREET, BELLINGHAM, WA 98226 (AB2006 -181)
Fleetwood moved to approve the request.
Motion carried unanimously.
CORRESPONDENCE APPROVAL
1. LETTER PROPOSED BY COUNCILMEMBER BRENNER TO SENATOR MARIA
CANTWELL REGARDING PROPOSED LEGISLATION TO FAST TRACK
OFFSHORE FISH FARMS WITHOUT SAFEGUARDS (AB2006 -057)
Brenner stated this is being discussed in Congress right now. The letter is to
Senator Cantwell. The Council has already taken a position to protect native species and
the fishing community. They are ready to gut the National Environmental Policy Act, which
would require an environmental impact statement. This legislation would eliminate the
ability for the Senate Committee to assess this with any real understanding of what is going
on. It may be a great idea, but without safeguards, they won't know if this is a good thing.
Brenner moved to approve the letter.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $430,017 (AB2006 -182)
Whatcom County Council, 4/11/2006, Page 6
1
2 2. ORDINANCE REGARDING PROJECT BUDGET AMENDMENT NO. 3 OF THE 2006
3 BUDGET IN THE AMOUNT OF $373,400 (AB2006 -183)
4
5 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
6 FROM URBAN RESIDENTIAL (UR3) TO RURAL FIVE ACRE (RSA) FOR
7 APPROXIMATELY 44 ACRES SOUTH OF FERNDALE, IN THE CHERRY
8 POINT /FERNDALE SUBAREA (AB2006 -184)
9
10 4. RECEIPT OF PLANNING COMMISSION RECOMMENDATIONS REGARDING
11 REZONE OF LONG TERM PLANNING AREA TO SHORT TERM PLANNING AREA
12 IN THE FERNDALE URBAN GROWTH AREA ON THE WEST SIDE OF VISTA
13 DRIVE (AB2006 -185)
14
15 5. ORDINANCE CONTINUING AN INTERIM MORATORIUM ON THE ACCEPTANCE
16 OF NEW APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE WHATCOM
17 WATERSHED (AB2006 -172)
18
19 OTHER BUSINESS AND COUNCILMEMBER REPORTS
20
21 Brenner stated the councilmembers were invited to the Sustainable Connections
22 workshop. It will give them all a better understanding of low impact development.
23
24 Nelson stated he and Dr. Roll will meet on Monday at 10 a.m. about the continuing
25 scope of work for the countywide water coordination plan.
26
27 Caskey- Schreiber stated she will meet on April 25 to figure out the agenda for the
28 Joint Lake Management meeting. She will discuss it with Councilmember Nelson after his
29 meeting with Dr. Roll.
30
31 Brenner stated the Mental Health Advisory Board learned yesterday that a group
32 called the Seattle Human Rights Commission is advertising to entice people with mental
33 health issues out of the mental health system. According to the meeting, this group is a
34 subset of the Church of Scientology. She hopes that the media will require a disclosure so
35 people don't think this group is part of a human rights commission.
36
37
38 ADJOURN
39
40 The meeting adjourned at 7:33 p.m.
41
42
43
44 Jill Nixon, Minutes Transc iption
45
46 ``
` `T�eGW,8i�pproved these minutes on April 25 , 2006.
47 48 ��q goes "AT�+O.• �'� WHATCOM COUNTY COUNCIL
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51
52
53 Dada �►r�pwrre, i' o ciI Clerk aurie Caskey-Schr, fiber, Council Chair
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Whatcom County Council, 4/11/2006, Page 7