HomeMy WebLinkAboutCouncil February 14 2006WHATCOM COUNTY COUNCIL
Regular County Council
February 14, 2006
Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Dan McShane
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Pete Kremen, County Executive, read a letter of commendation to Mr. Lanier Phillips,
who survived a Navy sea disaster in Newfoundland 61 years ago and became the Navy's
first African American sonar technician.
Lanier Phillips stated he was honored and humbled. He appreciates the
commendation.
Roger Simmons, Former Canadian Parliament member and Past Canadian Council
General, stated he met Mr. Phillips 14 years ago when he heard about his story. He invited
everyone to listen to Mr. Phillips story at two upcoming events. He spoke about Mr. Phillips
story. Mr. Phillips' humanity transformed him. He marched with Dr. King and has become
a civil rights leader and model. He thanked Executive Kremen and Councilmember
Fleetwood for making their presence at the meeting possible. Humanity is everywhere. All
they need to do is make sure it is practiced everyday.
Caskey - Schreiber announced there was discussion of potential property
acquisition (AB2006 -018) and also discussion regarding a potential property
acquisition (AB2006 -018) in executive session during the Committee of the Whole
meeting.
OPEN SESSION
The following people spoke:
Charles Law, Bellingham, stated he defers his time to Ray Ybarra from Arizona.
Ray Ybarra, American Civil Liberties Union (ACLU), stated he has been monitoring
vigilante activity on the U.S. - Mexican border for the last two years. He presented
information (on file) showing incidents between border crossings and vigilantes since 1999.
There are complaints involving the Minutemen project. There has been repeated abuse of
Whatcom County Council, 2/14/2006, Page 1
1 border crossers in Arizona. He asked the Council to tell the Minutemen at this border that
2 the border is about peace and friendship.
3
4 During April and October, he spent 15 hours per day legally observing the
5 Minutemen. He created a documentary film about vigilantes at the border. The film shows
6 how Minutemen speak about themselves.
7
8 In an Arizona county there is a lawsuit against a vigilante rancher and the County
9 sheriff. The Sheriff is being sued for conspiring to violate migrant civil rights. Any
10 information from that sheriff should be confirmed since he is a defendant in a lawsuit.
11
12 In New Mexico, a Minutemen was arrested for transporting migrants. The border
13 patrol agents have thanked him for being out on the border because they are afraid of what
14 Minutemen will do. There is a reported case of a Minuteman holding a women at gunpoint
15 while they searched her car for illegal immigrants or drugs. There are similar reported
16 cases from Texas. He can provide that documentation.
17
18 Johnny Grames, 4478 Northwest Drive, stated this is an open government and
19 citizens must be able to access what goes on inside the County Courthouse. He asked for
20 public documents about an executive session on two court cases. That is an example of the
21 legislative and executive branches of government meeting to talk with the prosecutor about
22 the judicial side of government. Democracy works if they give people a chance. He hopes
23 there is investigation, oversight, and review of his submitted material.
24
25 Mary Dickinson, Building Industry of Whatcom County Governmental Affairs Director,
26 stated she is a licensed attorney in the State of Washington. She is opposed to the
27 ordinance imposing an Interim Moratorium on short plat applications for
28 subdivision in the rural zones within Agricultural Protection Overlay areas, Rural
29 Forestry zones, Suburban Enclaves, and Transportation Corridors (A132005 -110).
30 She's not sure why it's necessary. Case law says the Growth Management Act (GMA)
31 requires counties to identify and protect rural lands not designated for urban growth,
32 agriculture, forestry, or mineral resources. There must be a variety of rural densities and
33 uses. A five -acre lot doesn't violate GMA.
34
35 Many people are hurt by this. People couldn't divide property up for estate
36 purposes. The gift exemption was taken away in 2003. This could cause a lot of money
37 just to settle an estate. Don't adopt this ordinance.
38
39 Alex Ramel, 2308 Woburn, Bellingham, stated it would be irresponsible to
40 categorically oppose or be in favor of an idea, of which the details are not clear. However,
41 he supports the Council exploring the idea of the proposed permit application program in
42 general. The voters of Whatcom County were clear last fall in expressing their concerns
43 about the way this county has grown and how it affects their lives. The County Council
44 should explore anything that might control rampant development. However, he is
45 concerned about diminishing availability of affordable homes. Include a scoring system
46 ranking affordability so affordable homes can be built within such a program.
47
48 Stephanie Ruiz, 1109 Victoria, Mt. Vernon, stated she is opposed to the Minutemen
49 protesting at the border. Take a stand and prohibit Minutemen from using intimidation
50 tactics on people who pass the border. Western Washington University students have
51 families who avoid crossing the border to come here and spend money here. The
52 Minutemen project is bad for the local economy. Bullying can lead to violet backlashes.
53 That happens at the southern border. Don't let this happen at the local border.
54
Whatcom County Council, 2/14/2006, Page 2
Dennis Jones, 1487 Sudden Valley, stated he supports metered permits if law allows
it. If they cannot sustain the water source for 100,000 people, they won't be able to plan
anything. Take a firm stand against the Property Fairness Initiative, which will decimate
whales, salmon, forest, and farms. Do it according to code and show the budgets. Just the
litigation of this initiative would have bought half the Sudden Valley lots that were available
between 2001 and 2003. He read from Item one of the 14th Amendment to the U.S.
Constitution.
Sharon Monteiro, Bellingham, stated she opposes the Minutemen at the border. She
was told that the Minutemen would do background checks during the application process. A
recent communication among the Minutemen said a potential Minutemen applicant should
bring any weapons to a weekend muster and not worry about background checks.
Brad Grower, 1519 Franklin Street, Bellingham, stated the Council is considering a
request to spend a quarter million dollars on new vehicles (AB2006 -091, A132006 -092,
A132006 -093, and A1132006 -094). If the vehicles are not diesel, they should be because
of higher gas prices. Diesel vehicles can run on bio- diesel or vegetable oil. Long -term
maintenance on a diesel vehicle is much lower. Reconsider purchasing gasoline burning
engines for County use.
Senate Bill 5160 and House Bill 3184 regarding cell phone use restrictions on vehicle
drivers is probably not going to pass at the State. There is a need for this in Whatcom
County. Cell phone use is linked to 2,600 deaths per year and half a million injuries.
People should use hands -free technology. The County should consider legislation modeled
after these bills.
Christina Meins, 6800 Goodwin Road, Everson, stated she would speak on the
resolution initiating Comprehensive Plan and zoning amendments for 2006
(AB2006 -082), docket # 2006 -L: Rural to Agricultural Rezone I and docket #
2006 -M: Rural to Agricultural Rezone II. She recently purchased five acres to build a
home on. She questioned whether they would be able to build if this zoning is changed.
This change affects the whole community. Think about the small people who have been
saving their money to buy and build.
McShane stated the previous speaker referenced the docket items. The docket items
would not affect building on that lot. An interim moratorium ordinance is being introduced
tonight. He read from the ordinance. There should be a suite of incentives to try to reduce
the erosion of agricultural and forest land and to deal with concurrency issues. It also deals
with clustering in farmland.
Caskey- Schreiber stated docket items 2006 -L and 2006 -M would not affect anyone
with an existing lot.
McShane stated that is correct. It may affect someone who wants to subdivide the
lot.
Brenner stated she proposes an alternative ordinance that allows people to develop
in a way to retain significant amounts of open space.
Bill Schoonover, 606 Chuckanut Drive, United States Army Retired, stated he has
two farms in an estate. They don't bring in enough money to pay the taxes. He used to
have 80 acres, but the State took one acre for roads, so he is only allowed one house per
79 acres. They talk about preserving farmland, but one drop of cow manure in a ditch is a
Whatcom County Council, 2/14/2006, Page 3
$70,000 fine. No man's life, property, or liberty is safe. He asked if any of the
councilmembers have put forward legislation that hurts them financially.
Joseph Moore, 1$00 -201h Street, stated there is an unwarranted intrusion of a
paramilitary organization in Whatcom County. He is a Vietnam veteran. He is opposed to
the Minutemen because they are a paramilitary group that causes dissention and difficulties.
Question the Homeland Security's Joint Task Force on Terrorism, coordinated by the Federal
Bureau of Investigation. It is supposed to work with local law enforcement on immigration
issues. However, they are going to cause problems on the border in Whatcom County.
Cathy McKenzie, 2700 California Street, Bellingham, stated her family intended to
pass on its forest and farmlands to the children. However, they were forced off the
property by the upzoning that was permitted across unincorporated areas all over the
county. A few large scale land speculators used scare tactics to take advantage of her ailing
and elderly grandparents and neighbors, who didn't know the land could be developed into
widespread development parks. This is the biggest threat to the future quality of life in
Whatcom County. The majority of property owners don't want to be coerced into upzoning
and subdividing family farms. Don't displace families and advertise for sprawl in rural
areas. The County Council must protect the majority of the people from the powerful
economic force of the few.
(Clerk's Note: End of tape one, side A.)
McKenzie continued to state the Council should lower the County growth projection
and implement a building permit allocation program.
Wes Kentch, Ferndale, stated he wants to be paid for land the County takes. A
downzone is a taking. He was here before there was zoning. He was originally zoned one
unit per acre. It was changed without notice to one unit per five acres. When he tried to
set aside five acres for each of his three sons was told he was in the agricultural overlay
protection zone, which created restrictions on his property, so he had to cluster. Therefore,
he had to take 20 acres out of his farmland instead of four acres. He has 53 acres left.
Now there will be a moratorium and he can't get anything out of it.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated the Sheriff says there are no
problems with the Minutemen. Some areas zoned rural, one unit per five acres (115A) that
would be better -zoned agriculture, but this is not the way to do it. Get rural people
involved. Form a committee with rural people, then figure out a transfer of development
rights (TDR) program that works. Regarding cell phones, it would be great to take them
away from many car drivers. However, truckers have used mobile communication devices
for many years, but insurance companies haven't objected.
Steve Adams, 1041 East Axton Road, stated that because of County rules, it was
cheaper to log his 33 acres than take out a few trees to make room for a house. The
County forces people to do things they don't want to do. He and many people are
subdividing because they fear the Council is going to take away their ability to subdivide. If
this is done, the County can get rid of all the people who work on subdivisions for the
County, and save taxpayer dollars.
Joe Elenbaas, 600 E. Smith Road, stated he's spent 1,000 unpaid hours per year in
public service for the past 30 years. He has successfully developed a cluster subdivision so
he can continue to farm most of his property. Pay attention to what the public has done.
When the Council adopts a set of rules, the people count on those rules and the Council
Whatcom County Council, 2/14/2006, Page 4
shouldn't change those rules. Provide for compensation for people who are unduly
burdened, as the Charter says the County must do.
Terry Crabtree, 4741 Hannegan Road, stated she has lived on her property on
Hannegan Road for 36 years. Her property is her retirement and her children's future. This
scares her.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through ten.
Brenner withdrew items one through four from the Consent Agenda.
Motion to approve Consent Agenda items five through ten carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -12 TO
LOW BIDDER, FRONTIER FORD, FOR THE PURCHASE OF TWO FULL -SIZE
SPORT UTILITY VEHICLES, IN THE AMOUNT OF $54,037 (AB2006 -091)
Crawford moved to approve the request of Consent Agenda items one through four.
Brenner asked if there is an opportunity to buy these vehicles with diesel.
Dewey Desler, Deputy Administrator, stated there would be an opportunity to buy
diesel vehicles in some instances. The County buys hybrid vehicles for some operations.
The County is willing to look at bio- diesel fueled vehicles. In this case, the County is
replacing vehicles that have to meet Sheriff Office performance characteristics. He will talk
to the Sheriff and Public Works Director, so next time the County purchases vehicles, they
will explore the use of alternative fuels. There is a certain timeframe the County has to
purchase these vehicles.
Brenner stated she would put this issue in the Public Works Committee.
Nelson stated these vehicles were requested as pursuit vehicles, which require quick
acceleration. The diesel may be an impairment in that regard. There are specific
requirements for these vehicles. While he appreciates the County for looking at alternative
fuels, don't sacrifice Sheriff's Office and public safety.
McShane stated the administration has pushed hybrid vehicles pretty early on. It
ended up saving the County some money. Emergency management reduced the size of a
vehicle in favor of better gas mileage. The administration has done a good job of thinking
about these things in the past.
Brenner stated pretty good is not okay. Find out if these vehicles exist in diesel, so
they can be converted to bio - diesel, vegetable diesel, and other alternative fuels.
Desler stated the administration would discuss it with Councilmember Brenner in the
Public Works Committee.
Motion to approve Consent Agenda items one through four carried
unanimously.
Whatcom County Council, 2114/2006, Page 5
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -14 TO
SOLE BIDDER, BILL PIERRE AUTO CENTER, FOR THE PURCHASE OF TWO
FULL -SIZE FRONT WHEEL DRIVE POLICE PURSUIT VEHICLES, IN THE
AMOUNT OF $40,020.78 (AB2006 -092)
See Consent Agenda item one.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -15 TO
LOW BIDDER, FRONTIER FORD, FOR THE PURCHASE OF FOUR SMALL 4X4
UTILITY VEHICLES, IN THE AMOUNT OF $71,779 (AB2006 -093)
See Consent Agenda item one.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -16 TO
LOW BIDDER, BILL PIERRE AUTO CENTER, FOR THE PURCHASE OF FIVE
FULL -SIZE POLICE PURSUIT VEHICLES, IN THE AMOUNT OF $133,431.39
(AB2006 -094)
See Consent Agenda item one.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND STUDIO CASCADE, INC., TO
PREPARE AN UPDATE TO THE FOOTHILLS SUB -AREA PLAN, IN THE AMOUNT
OF $40,000 (AB2006 -095)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND RH2 ENGINEERING, INC.,
FOR THE LAKE WHATCOM TRAFFIC REDUCTION STUDY, IN THE AMOUNT OF
$49,450 (AB2006 -096)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES RECOVERY CENTER TO PROVIDE SERVICES UNDER THE CHEMICAL
DEPENDENCY DISPOSITION ALTERNATIVE, IN A NOT TO EXCEED $30,000
(AB2006 -097)
a. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #1 TO THE CONTRACT BETWEEN WHATCOM COUNTY AND
PUGET SOUND RESTORATION FUND, TO INCLUDE ADDITIONAL WATER
QUALITY MONITORING IN THE DRAYTON HARBOR AND BIRCH BAY
WATERSHEDS AND IMPLEMENTATION OF A COMMUNITY OUTREACH
PROGRAM IN DRAYTON HARBOR, IN THE AMOUNT OF $39,494, FOR AN
AMENDED TOTAL CONTRACT AMOUNT OF $43,398.60 (AB2006 -098)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT WITH PURCHASE PROVISION BETWEEN WHATCOM COUNTY
AND PEEPLES ENTERPRISES, INC., FOR THE PROPERTY LOCATED AT 21S
NORTH COMMERCIAL STREET, IN THE AMOUNT OF $435,600 OVER THREE
YEARS (AB2006 -099)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW THE PROPERTY,
BOILER AND MACHINERY INSURANCE FOR POLICY YEAR 2/20/06 THROUGH
Whatcom County Council, 2/14/2006, Page 6
10/01/06, IN THE AMOUNT OF $49,595 (WHICH INCLUDES SURPLUS LINES
TAXES AND FEES) (AB2006 -100)
XId:I;ttltl4uF`'
1. RESOLUTION AUTHORIZING THE EXECUTIVE TO PURCHASE DEVELOPMENT
RIGHTS ON THE ALAMWALA FARM PROPERTY (AB2006 -107)
McShane reported for the Natural Resources Committee and moved to approve the
resolution. The Council has a good understanding of the value of development rights on
farms, which will assist the Council greatly when looking at the value it puts on
development rights. Once they get below a density of rural, one unit per five acres (RSA),
he advocates for development rights compensation of some kind. He's strenuously argued
in the past to providing development rights in locations where the services and
infrastructure won't ever exist. This is a part of that program. They can expand it
enormously if they plan accordingly.
Caskey - Schreiber stated she thanks the Planning staff and the applicant. Ninety one
acres will remain in an active farming use. Every little bit helps.
Nelson stated the intent is to keep the use in active farming, but buying
development rights can't guarantee that active farming will continue. Active farming will
continue in the County as long as the Council supports it.
Caskey- Schreiber stated it's more likely that the land will remain farmland, because
farmers can afford to buy it now. Farmers can't afford to buy 91 acres that are zoned RSA
and keep it in farming.
Motion carried unanimously.
2. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, THIRD
REQUEST, IN THE AMOUNT OF $12,214,521 (AB2006 -083)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
3. ORDINANCE AMENDING ORDINANCE 82 -109 RECONSTITUTING THE
EMERGENCY MEDICAL AND AMBULANCE ADVISORY BOARD (AB2006 -081)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance with the substitute language distributed earlier, "E. 8rte
The Chair of the Whatcom County Council or his /her
designee."
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
CHAMBER OF COMMERCE AND INDUSTRY FOR ADVERTISING AND
PROMOTION OF THE ANNUAL SKI TO SEA FESTIVAL, IN THE AMOUNT OF
$29,000 (AB2006 -038A)
Whatcom County Council, 2/14/2006, Page 7
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she earlier said that if the Chamber dissolved its political action
committee she would support it. She has since learned the Chamber does not have a
political action committee. Mr. Oplinger used the Chamber's name without authorization,
which she wishes he hadn't done. However, what people do individually is their business.
She will meet with the Chamber Board to make a case for the Chamber remaining out of the
political fray. She is ready to support the request.
McShane stated he believes the Chamber can still take part in organized political
activity without being a political action committee. If the Chamber is a 501(c)7, it can take
part in political activity.
Brenner stated she was specific about the Chamber being a political action
committee. She would not like the Chamber to be involved in local political races. Trust
the Chamber's goodwill and see what happens in the future.
Crawford stated he believes the Public Disclosure Commission does not differentiate
between 501(c)3's and 501(c)7's. If non - profits spend money on any political activity, they
will have to report it to the Public Disclosure Commission. When registering with the Public
Disclosure Commission, there are three registering options: when doing a campaign, as a
political action committee (PAC), or as a bona fide PAC of a political party. The Chamber
would have to file as one of those options.
McShane stated he's talking about Internal Revenue Service (IRS) rules. An
organization that is a 501(c)3, which many non - profit organizations are, cannot engage in
political activity. An organization that is a 501(c)7 can engage in certain political activities.
Caskey- Schreiber stated she is against the request. This organization knew what
Mr. Oplinger was doing. He is a self- proclaimed lobbyist. He was hired to do this sort of
thing. She doesn't blame him. This is the direction the Chamber wanted to go when they
fired Mike Brennan. This is the direction the Chamber has gone. A statement from
Chairman of the Board Drew Schmidt says the Chamber's goals for 2005 includes being
involved in local elections and identifying appropriate candidates for positions to play. Mr.
Oplinger was hired two year ago. He came to the Council and said the Chamber is going to
become political and cease taking taxpayer money. The following year, Mr. Oplinger said it
would take County money for Ski -to -Sea. Now, the Chamber wants money for Ski -to -Sea,
but people assume they are against Ski -to -Sea for not funding the Chamber. The Chamber
set up a system that points the finger claiming they are against Ski -to -Sea if the Chamber
is at all questioned or doubted. That is a disservice. If the Chamber really wants to support
the Ski -to -Sea Festival, it should turn the marketing over to the Visitor's and Convention
Bureau. Then the Council could award taxpayer dollars to a group that isn't politically
active. This is a way to force citizens to subsidize an organization's political agenda. That's
wrong. The Chamber was warned last year. Ensure that taxpayer dollars aren't used for
funding someone's political agenda.
Motion carried 5 -2 with McShane and Caskey - Schreiber opposed.
S. APPOINTMENT TO THE SOLID WASTE ADVISORY BOARD — APPLICANT:
BECKY PHILLIPS (AS2006 -061A)
Brenner moved to appoint Becky Phillips.
Whatcom County Council, 2/14/2006, Page 8
Motion carried unanimously.
6. APPOINTMENT TO THE FLOOD CONTROL ZONE DISTRICT ADVISORY
COMMITTEE, ALTERNATE POSTIION — APPLICATION: FRED POLINDER
(AB2006 -088) (Council acting as the governing body of the County -wide
Flood Control Zone District)
Brenner moved to appoint Fred Polinder.
Motion carried unanimously.
7. EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENTS TO THE
FOOTHILLS SUB -AREA PLAN ADVISORY COMMITTEE (AB2006 -102)
Brenner moved to confirm the appointments.
Motion carried unanimously.
8. EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF CARL
LENK TO THE BICYCLE/ PEDESTRIAN ADVISORY COMMITTEE (AB2006 -103)
Nelson moved to confirm the appointments.
Motion carried unanimously.
9. EXECUTIVE REQUESTS CONFIRMATION OF THE CONCURRENT APPOINTMENT
OF BARBARA PLASKETT TO THE BELLINGHAM- WHATCOM COUNTY HOUSING
AUTHORITIES BOARD OF COMMISSIONERS (AB2006 -104)
Brenner moved to confirm the appointment.
Motion carried unanimously.
10. APPOINTMENT TO SEWAGE CONTROL APPEALS BOARD — APPLICANT:
DAVID SIMMS (AB2006 -109)
Brenner moved to appoint David Simms.
Motion carried unanimously.
INTRODUCTION ITEMS
Fleetwood moved to accept the Introduction Items.
Brenner stated language in Introduction Item four needs to be corrected, "BE IT
FURTHER ORDAINED pursuant to RCW 36.70.795, that this ordinance shall...."
McShane stated language in Introduction Item three needs to be amended, "NOW,
THEREFORE, BE IT ORDAINED...of new applications for short plats of land
into parcels...."
Whatcom County Council, 2/14/2006, Page 9
16
McShane also stated language in the next -to -last Ordained statement in Introduction
Item three needs to be amended, "2. Review making adjustments to the zoning and per
Agricultural Advisory Committee Wig." It is a scrivener's error.
Crawford moved to amend the motion and accept Introduction Items one and two.
Motion to accept Introduction Items one and two carried unanimously,
1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $2,804,808 (AB2006 -105)
2. ORDINANCE REGARDING PROJECT BUDGET AMENDMENT NO. 1 OF THE 2006
BUDGET IN THE AMOUNT OF $1,310,000 (AB2006 -106)
3. 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
(AB2006 -110)
McShane moved to accept the ordinance.
Crawford stated he is against the motion. This needs an amendment about the term
"within agricultural protection overlay areas." The agricultural protection overlay is a
designation that applies to certain soils that are located all over the place. That section of
the County code defines how the County determines there are enough of those soils that
would make the area subject to the agricultural protection overlay. The proposed ordinance
is unclear about the question of whether one square inch of agricultural protection overlay
soils would keep an entire parcel from being subdivided. It will take some time just to
decide whether they can incorporate the terms of Whatcom County Code 20.38 into the
proposal, and whether that is Councilmember McShane's intent.
Nelson Stated the Council needs to be clear about whether or not it can not accept
Introduction Items before it has a chance of review or discussion. He would rather the
Introduction Items be introduced as is, without debate during the Council meeting. The
public doesn't know that the items will be discussed during the Council meeting since they
are only scheduled for introduction. He support's Councilmember Brenner's effort to find
alternatives.
Crawford stated it has been the practice of this Council to allow votes on individual
Introduction Items. It is appropriate. He is willing to discuss Council policy on no-veto of
Introduction Items another time.
4.
Motion carried 6 -1 with Crawford opposed.
ORDINANCE IMPOSING AN INTERIM CLUSTER DESIGN
STANDARD ORDINANCE IN ALL AGRICULTURE PROTECTION
OVERLAY AREAS, RURAL FORESTRY ZONES, SUBURBAN
ENCLAVES, AND TRANSPORTATION CORRIDORS (AB2006 -111)
Brenner moved to accept Introduction Item four.
Whatcom County Council, 2/14/2006, Page 10
1 Motion carried 5 -2 with Crawford and Caskey - Schreiber opposed.
2
3
4 OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM CQUNCILMEMBERS
6 Nelson stated he has a meeting this Thursday. The Council should participate. The
7 Council had a discussion in a Surface Water Resource Work Session about a proposal he
8 brought forward for funding for water resource management issues.
9
10 Brenner stated the Building Industry Association held a green built home tour in
11 Sudden Valley. It included new and innovative ways for doing low- impact, green
12 development. Sustainable Connections will have a presentation on February 22 at the
13 Squalicum Harbor boathouse. A presenter will be someone with ideas for doing sustainable
14 building and all kinds of things.
15
16 At a Mental Health Advisory Board meeting last Monday, there was supposed to be a
17 letter from the Executive's Office. The State is telling the local level that they have to do
18 much more administrative work that will cost them an extra million dollars. Also, the State
19 is cutting regional funding by $2.5 million, while increasing funding in other regions,
20 including King County. The Mental Health Advisory Board voted unanimously to send a
21 letter to the Governor, the head of the Department of Social and Health Services, and their
22 legislators saying that this is unconscionable. She would like the Council's support of a
23 letter she will write. This is very time - critical.
24
25 Nelson stated he appreciates support of the Mental Health Advisory Board. The
26 Governor wants to attack the issue by throwing $2.5 million at King, Pierce, Spokane, and
27 Kitsap counties. Ten other regions are reduced. The biggest issue is the reduction in
28 Medicaid reimbursement rates from 50 percent to 10 percent. They need to draft a letter
29 about Medicaid reimbursement rates. It would be very effective, rather than arguing about
30 the $2.5 million funding to the other counties.
31
32 Brenner stated she and Councilmember Nelson will work together on the letter.
33
34 Caskey - Schreiber stated the Council has a Joint Lake Management meeting in March.
35 Let her know if there are specific items to be discussed.
36
37
38 ADJOURN
39
40 The meeting adjourned at 8:35 p.m.
41 �_>
42
43
44 Jill Nixon, Minutes Transcription
45
46 . '`� kh `�o�j,1 � roved these minutes on February 28 , 2006.
48 ,`PEST ,HATG+ •.�L WHATCOM COUNTY COUNCIL
49 = C� •• O�TYO�i �C) WHATCOM COUNTY, WASHINGTON
50 .�
51 -
52
54 Crop Brew - aegis, Cq; cil C erk Laurie Caskey - Schreiber, Council Chair
Whateom County Council, 2/14/2006, Page 11