HomeMy WebLinkAboutCouncil July 25 20061
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WHATCOM COUNTY COUNCIL
Regular County Council
July 25, 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:
Barbara Brenner
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
MINUTES CONSENT
Absent:
Dan McShane
Nelson moved to approve Minutes Consent items one through four.
Notion carried unanimously.
1. BOARD OF HEALTH FOR JUNE 27, 2006
2. SPECIAL COUNTY COUNCIL FOR JUNE 20, 2006
3. COMMITTEE OF THE WHOLE FOR JULY 11, 2006
4. REGULAR COUNTY COUNCIL FOR JULY 11, 2006
OPEN SESSION
The following people spoke:
Bill Schoonover, 606 Chuckanut Drive, Bellingham, stated a passport costs $97.
There are 524 days before one needs a passport. To pay for a passport, one must save
$.19 for an individual or $.76 for a family. If one is against requiring a passport because
the poor can't afford them, the savings per day just mentioned shows that they can. The
people who will benefit from not requiring a passport are those who can't balance a
checkbook, can't budget, and don't know how to save. The passports are required to get
into the United States, which means they are taking money outside the United States. Most
Europeans, Canadians, and people From the Far East already have their passports.
Many politicians would like open the borders, which would let in terrorists and illegal
people crossing the border, in the name of freedom and an improved economy. This
includes the Governor, who sent a bill of $50 million to the United States Attorney General
Whatcom County Council, 7/25/2006, Page 1
1 to pay for the incarceration of illegal immigrants the past two years, which averages about
2 $1,000 per day.
3
4 The State of Washington issues driver's licenses to people with no identification. One
5 can find hundreds of places to purchase fake identification online. His life is worth more
6 than a few paltry dollars.
7
8 Johnnie Grames, 4478 Northwest Drive, stated his mail is being returned to sender
9 or kept at the post office, and he can't figure out why. The Council will soon deal with the
10 budget, its method for checks and balances. He has tried to show the Council what is going
11 on inside government. He sees a growing police state and fascism. His rights have been
12 denied. They have tried to ruin his family. Sheriff Elfo's office has twice told him there was
13 no information when he made a public disclosure request, but on the next request the
14 record was retrieved. He's asked for information from all branches of government.
15
16 Dennis Jones, 1487 Sudden Valley, stated he thanks the Council for allowing Sheriff
17 Elfo to come to Sudden Valley yesterday. Johnnie Grames needs a champion.
18
19 Greg Barlean, Hopewell Neighborhood Association, asked about off -site shipping of
20 mushroom substrate by Ostrom if it gets out of control. This is the fear of the neighbors.
21 Ostrom has an abysmal track record in answering to authorities. The Natural Resoures
22 Committee did not discuss punitive measures, or how the County will deal with violations if
23 they come up. There are questions about how implementation of enforcement of the rules
24 that are in place will be conducted.
25
26
27 PUBLIC HEARINGS
28
29 1. ORDINANCE AMENDING HEALTH CODE WCC 24.12, MUSHROOM SUBSTRATE
30 PRODUCTION FACILITY RULES, TO ALLOW EXISTING FACILITIES A LIMITED
31 INCREMENTAL EXPANSION OF PRODUCTION CAPACITY (AB2006 -301)
32
33 Caskey- Schreiber opened the public hearing and the following people spoke:
34
35 Ken Ryan, Glen Echo Neighborhood Association, stated these amendments are
36 surprising. It has been said that the allowance of gallon -sized sampling for analytical
37 testing can't be used as a backdoor method for shipping compost for economic gain. Don't
38 believe that. The amendment allows a 1,600 cubic yard per year cap. Ostrom's intent is to
39 weaken the health ordinance so that it cannot withstand a legal challenge. Shipping to
40 Canada is what Ostrom is after. Ostrom could make millions of dollars. The lack of
41 discussion about enforcement could mean the County has been bullied by Ostrom into not
42 doing enforcement. Ostrom's wants to be an off -site shipper. If it is allowed, no one will
43 want to live there. Ostrom's should be grandfathered as is, but not given a 100 percent
44 expansion. Leave the original ordinance, adopted last year, alone.
45
46 Harold Swanson, 6770 Goodwin Road, stated he is opposed to the ordinance. If this
47 ordinance is passed, the Council will not be doing its duty of protecting the environment and
48 public health of the people of Whatcom County. There is plenty of information in the public
49 record showing that mushroom substrate produces air and water pollution that can be
50 dangerous to the public health if not properly managed. The original ordinance is sound
51 and legally defensible. The Council may be opening the County up to other lawsuits by
52 amending the ordinance. Don't betray the public trust. Keep the ordinance intact as
53 originally written.
Whatcom County Council, 7/25/2006, Page 2
1
2 Greg Barlean, Hopewell Neighborhood Association, stated the Ostrom Company has
3 been involved in four lawsuits. It has demonstrated its lack of desire to play by the rules.
4 They have been successful in their efforts. The only clear victory of the citizens was the suit
5 in which the Hopewell Neighborhood Association intervened. The conditional use permit has
6 been in place for many years. The zoning amendments will allow off -site shipment as an
7 ancillary use of the primary permitted use, thus outright permitted. The current ordinance
8 prohibits off -site shipment from agricultural land. The Growth Management Hearings Board
9 had not problem with that. This amendment will remove the prohibition and also the
10 conditional use permit (CUP) status, which is the last tool available for regulatory control.
11 The County and Hopewell Neighborhood Association will prevail in any appeal From Ostrom.
12 If the amendments are passed, the Hopewell Neighborhood Association, will not intervene.
13
14 Cheri McKay, 6781 Ocean Road, Everson, stated this is a series of compromises. Her
15 role is as a mother. She has biblical standards. Her role is to abide by what her authorities
16 tell her, to govern and keep order. She will comply with the County as long as her
17 standards aren't compromised. They have a fundamental right to a healthy environment.
18 This amendment is not a good thing. The ordinance needs to be clear, correct, and not
19 exempt to one. Don't add an exemption. Make sure the system works. Make people get
20 their permits. Ostrom is operating now without a permit.
21
22 Elizabeth Volkart, 7082 Goodwin Road, stated this forum only allows people who are
23 comfortable with speaking publicly. That is not right. The Council is pressured to support
24 Ostrom. They demand that anything agricultural be allowed to expand as large as it wants,
25 using any technology, while being allowed to emit any pollution or chemicals they want.
26 Anyone opposed is deemed to be against farming. That is wrong. The agricultural industry,
27 unlike any other industry, is given a free pass because the city residents don't live in the
28 county. It's ironic that the City of Bellingham doesn't allow smoking in public areas.
29 However, they County is going to allow people in rural areas to breath ammonia and other
30 emissions coming from outdoor substrate production. It's unethical and immoral. She is
31 opposed to the ordinance.
32
33 The Right to Farm Ordinance is about people from the city moving to the country,
34 being unreasonable about farm odors, and shutting down farms. This is not that situation.
35 The farm came to the neighborhood. Ostrom sold its valuable farming land in Lacey,
36 Washington to developers and the City of Lacey, not to other farmers. Ostrom claims it has
37 been in the area since 1928. Ostrom, not the people of the neighborhood, have profited
38 from the sale of farmland.
39
40 Christopher Street, Ostrom Company, Lacey, Washington, stated Ostrom is willing to
41 accept a cap of 1,600 cubic yards from one facility to the other if it would help. Ostrom has
42 no past or future interest in shipping compost to British Columbia. They have no
43 relationship, other than direct purchase of fresh mushrooms when they are available.
44 Ostrom has done an exchange with the Lacey facility no more than four times since 1999.
45 The exchange has nothing to do with the sample size. They send sample size bags to
46 laboratories. A sample size is a polyester gallon size bag. The 400 yards the Everson
47 facility produces is for one crop filled each week of the year. Lacey and Everson would
48 exchange 400 yards each. However, it's more likely that they would drop one out, rather
49 than do an exchange. The health and zoning ordinances are companion to one another.
50 It's been a difficult effort for many years. Finish it as soon as possible. The amended
51 ordinances are objective and represent all parties.
52
Whatcom County Council, 7/25/2006, Page 3
1 Bob Carmichael, Hopewell Neighborhood Association attorney, stated a particular
2 company's interests aren't relevant to enacting legislation. This legislation is going to apply
3 to any company that owns the facility. The cap seems like a negotiation of what is
4 acceptable. That is a flaw. The Council spent a lot of time developing this ordinance. Not
5 much time has been spent on this ordinance. He asked what supporting information the
6 Council has supporting the offer of the 1,600 yard cap as a safe activity. For the first
7 ordinance, the Council looked at what was in place and said it could stay. The proposal is to
8 allow substantial increases. They don't have the information on the health and safety
9 implications of what that will do. The original ordinance has been seriously compromised by
10 this ordinance. Public safety is most important.
11
12 Patrick Mullaney, Foster Pepper Land Use Attorney, stated he represents Ostrom. In
13 section 24.14.040(c), there is a provision that addresses Mr. Barlean's concern. It's
14 common for the law to recognize the difference between an existing use with a vested right
15 and a new use without a vested right. It's common to differentiate between the two. It's
16 also common for there to be some recognized expansion of a non - conforming use. In this
17 case, the expansions are linked to increased mitigation. Last, if testing of a size larger than
18 a gallon, it is due to infection or other problem they are trying to fix. It is not a for - profit
19 operation. Moving 1,600 cubic yards here would cost the company $16,000 just for
20 shipping. They are doing it as a way to test and isolate variables in the mushroom
21 production.
22
23 Hearing no one else, Caskey- Schreiber closed the public hearing.
24
25 Brenner stated it seems like Council has been accused of doing backroom deals,
26 having their minds already made up, and making it a moving target. She's bothered by
27 that implication. That's not the way she operates. The accusations take away from the
28 issues at hand. Mr. Barlean told her that he would support a cap of 1,600 cubic yards.
29 Now, people are saying that's not good enough. That amount was suggested by County
30 staff as an idea. It was an idea to give reassurance that this would not turn Ostrom into a
31 commercial substrate facility. The ordinances make it impossible for Ostrom to reach the
32 size of IMS.
33
34 (Clerk's Note: End of tape one, side A.)
35
36 Brenner moved to adopt the ordinance and to amend the ordinance on Council
37 packet page 444, Whatcom County Code (WCC) 24.12.060(2)(a)(iv)(B), "...and will be
38 substantiated by proper shipping documentation. Such exchanges shall not exceed 1,600
39 cubic yards per year." This is a clarification, not a substantive change, according to legal
40 counsel. Keep focus on the issue.
41
42 Someone said there was no hammer against potential violations. However, the
43 ordinance is clear that the company will have to move operations indoors immediately if
44 there is a violation.
45
46 Nelson stated Councilmember has expertise on this issue. He will support the
47 motion. He asked if any exchanges up to 1,600 cubic fee would not have to go through the
48 administrative process.
49
50 Brenner stated the wording stays the same. It would still need administrative
51 approval. The amendment provides a maximum amount.
52
53 Nelson asked where that amount came from.
Whatcom County Council, 7/25/2006, Page 4
1
2 Brenner stated it came from discussions between the Planning Commission and
3 Planning Staff Kraig Olason.
4
5 Nelson stated he is concerned about these ordinances regarding farm practices. He
6 knows this isn't related, but keep an eye on it. Ammonia is a standard smell from farm
7 practices. Be careful that they continue to protect the rural lifestyle and agricultural
8 practices.
9
10 Crawford asked why the amount of 1,600 cubic yards was chosen.
11
12 Caskey- Schreiber stated they switch out 400 cubic yards at a time.
13
14 Crawford stated that would be 160 dump truck loads. That's a lot of compost. He
15 will rely on Councilmember Brenner's expertise.
16
17 Brenner stated no commercial substrate facility can survive on only 1,600 cubic
18 yards.
19
20 Motion to amend carried unanimously.
21
22 Weimer asked about what it means to notify the public.
23
24 Jeff Hegedes, Health Department, stated that before approval by the Health
25 Department, the Health Department will notify the community and interested parties in
26 writing. The Health Department will keep a list of interested parties. Interested parties are
27 anyone who wants to be notified. The Health Department would advertise and inform the
28 public to let the Health Department know about their interest. Ostrom is averaging one 400
29 yard exchange between facilities every two years. The language will ensure that these
30 exchanges are not for commercial purposes.
31
32 Crawford asked how long it takes to exchange 400 yards. Hegedus stated they use
33 bigger trucks. The relevant issue for the Health Department is whether that exchange is for
34 testing purposes and whether an odor is being generated from that activity that creates an
35 adverse health impact. The number of 1,600 was picked out of the air at the Planning
36 Commission to give the community reassurance and to give Ostrom some flexibility if they
37 have a bad year, for example, and need to do more than one exchange.
38
39 Caskey- Schreiber asked how much IMS shipped. Hegedus stated IMS operated
40 between 10,000 and 14,000 cubic yards per month. Ostrom is currently at 1,700 cubic
41 yards per month, but not shipped off site.
42
43 Brenner stated that notification should also be in the Bellingham Herald.
44
45 Karen Frakes, Legal Counsel, stated that clarification should be in the ordinance. It
46 isn't defined. There is good language in the State Environmental Policy Act (SEPA)
47 ordinance that defines good public notice. They can adapt that language, which says that
48 notification is published in the newspaper of general circulation in the county. Also, have a
49 provision that indicates that interested parties who request notice through the Health
50 Department will be notified.
51
52 Brenner moved that notification is published in the newspaper of general circulation
53 in the county, and have a provision that indicates that interested parties who request notice
Whatcom County Council, 7/25/2006, Page 5
1 through the Health Department will be notified. Add this notification requirement to WCC
2 24.12.060(2)(a)(iv)(B).
3
4 Crawford asked who pays for all that notification.
5
6 Brenner stated the County pays for it.
7
8 Motion to amend carried unanimously.
9
10 Caskey- Schreiber stated the Council has worked on this issue for six months. It is
11 not rushed through. The Council has tried to create something that respected everyone's
12 positions and concerns. Everything in the ordinance was negotiated back and forth. The
13 Council has been very conscientious about trying to mitigate effects to the neighborhood.
14 Ostrom has been willing to address these concerns seriously and work more positively.
15
16 Brenner stated it is important that this was not an exercise in going through the
17 motions. She has been open to any changes that makes sense to her. This is the strongest
18 mushroom substrate ordinance in the United States. It's a good ordinance.
19
20 Motion to adopt the ordinance as amended carried unanimously.
21
22 2. ORDINANCE DECLARING INTENT TO ACCEPT A SECTION OF
23 WHITECAP ROAD, DECLARING THAT SUCH ESTABLISHMENT IS A
24 PUBLIC NECESSITY AND DIRECTING THE COUNTY ROAD ENGINEER
25 TO REPORT TO COUNCIL UPON THE PROJECT (AB2006 -303A)
26
27 Caskey- Schreiber opened the public hearing and the following people spoke:
28
29 Roger Almskaar, 3610 Meridian, Bellingham, stated he is in favor of the ordinance.
30 He represents Hamilton and Ashdown, two of the adjoining property owners. He submitted
31 maps (on file). The County set the specifications for the road improvement, and did the
32 work. The property owners paid for the work in advance. The work was done almost a year
33 ago. It's necessary for finishing the Hamilton Ashdown short-plat called Whitecap Wood.
34 There is approval From the City of Bellingham for water service. The alternative is to work
35 with trail permits. They are working in an existing right -of -way. Accepting the ordinance is
36 the most clean solution for maintaining the road network.
37
38 Richard Gilda, Jensen Road, Bellingham, stated he is in favor of the ordinance. He
39 assisted with this project. The Engineering Division really worked well with the applicants
40 and landowners. In return for this ordinance, the County will have happy landowners.
41
42 Hearing no one else, Caskey- Schreiber closed the public hearing.
43
44 Brenner stated it's important to take over certain roads when there is an absolute
45 benefit to the County. This talks about increased revenues from State tax funds for the
46 additional length of the road system. She asked if the amount of money used for
47 maintenance will be compensated for by the additional State tax funds.
48
49 Jeff Monsen, Public Works Director, stated that every foot of established County
50 roads influences the amount of money received from the State fuel tax. The amount of fuel
51 tax for this section will not pay for maintenance. The increased value of the property in the
52 area and associated road levy is more likely. The primary revenue for road maintenance is
Whatcom County Council, 7/25/2006, Page 6
property tax. A typical residential street does not generate enough revenue to maintain
that roadway. The maintenance cost is offset by commercial and industrial properties.
These actions are not designed for making money. Revenues will be generated from this
action. The typical method for establishing new roadways in the road system is through the
platting process. There are a number of right of ways in the county that are not part of the
County road system.
Fleetwood moved to adopt the ordinance.
Crawford stated the cost of maintaining roads in that neighborhood as opposed to
the road tax generated from property tax is such that they are exporting dollars out of that
area. This new short-plat will generate a tremendous amount of revenue.
Caskey- Schreiber stated that the public hearing will be held open until August 8, and
the Council will take a final vote at that night.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through five.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -78 TO
LOW BIDDER, IDENTIX, INC., FOR THE PURCHASE OF TWO LIVE SCAN
FINGER PRINT UNITS, IN THE AMOUNT OF $65,547.30 (AB2006 -311)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KCM, INC. D /B /A TETRA
TECH /KCM, INC. TO DEVELOP GIS ROUTINES TO AUTOMATE THE
GENERATION OF ASSESSMENT ROLLS FOR THE VARIOUS SPECIAL
DISTRICTS, INCLUDING SUBZONES, DIKING AND DRAINAGE DISTRICTS, IN
THE AMOUNT OF $34,340 (AB2006 -312)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KPFF CONSULTING
ENGINEERS FOR THE DESIGN PHASE OF THE HAMPTON ROAD, MORMON
DITCH BRIDGE #261 REPLACEMENT PROJECT: CRP #904016, IN THE
AMOUNT OF $395,250 (AB2006 -313)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO CONTRACT
EXTENSION #3 BETWEEN WHATCOM COUNTY AND REISNER DISTRIBUTOR,
INC., TO CONTINUE PROVIDING FOR THE PURCHASE AND DELIVERY OF
FUEL FOR USE ON WHATCOM COUNTY EQUIPMENT AND VEHICLES FOR THE
EXTENDED PERIOD SEPTEMBER 1, 2006 THROUGH AUGUST 31, 2007, IN AN
AMOUNT NOT TO EXCEED $649,472.50, FOR A TOTAL AMENDED NOT TO
EXCEED CONTRACT AMOUNT OF $1,783,633.60 (AB2006 -314)
5. RESOLUTION OF THE COUNTY COUNCIL OF WHATCOM COUNTY,
WASHINGTON, APPROVING, AS PLANNING JURISDICTION SOLELY FOR THE
PURPOSES OF RCW 39.84.060, THE ISSUANCE OF NONRECOURSE REVENUE
BONDS OF THE INDUSTRIAL DEVELOPMENT CORPORATION OF THE PORT OF
Whatcom County Council, 7/25/2006, Page 7
1 BELLINGHAM, THE PROCEEDS OF WHICH WILL BE USED FOR INDUSTRIAL
2 DEVELOPMENT FACILITIES WITHIN THE COUNTY BY WOOD STONE
3 CORPORATION (AB2006 -315)
4
5
6 OTHER ITEMS
7
8 1. RESOLUTION AFFIRMING THE RANKING AND AUTHORIZING THE WHATCOM
9 COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR TO
10 PROCEED WITH THE ACQUISITION PROCESS FOR ROUND 4, 2005
11 APPLICATIONS (AB2006 -296)
12
13 Fleetwood reported for the Natural Resources Committee and moved to approve
14 the resolution, with an amendment recommended by committee to reorder the priorities: 1.
15 Dickson, 2. Joneli, 3. Bajema West, 4. Bajema East, 5. Sytsma, 6. Maberry, 7. Ebe, 8.
16 Groen. The Dickson and Joneli properties are prized agricultural properties in a special part
17 of the county. It's more likely that property will be developed in the near term. The
18 Bajema property may not have its development rights sold as imminently.
19
20 Kraig Olason, Planning Division, stated the amendment is because of the urgency
21 and potential sale. The Bajema property has numbers lots. There may be alternatives to
22 purchase of development rights (PDR).
23
24 Brenner stated there may be more ways to save the Bajema property than the
25 Dickson and Joneli properties.
26
27 Caskey- Schreiber stated a reason was to take care of the simplest properties first.
28 These properties are ready to be sold now.
29
30 Crawford stated these are the only two properties that are not in PDR target areas.
31 Olason stated they never evaluate potential cost in the ranking process. Also, they are
32 trying to move forward with getting other grant funds. Last, there aren't imminent changes
33 on the other properties. They may come forward again.
34
35 Motion to approve as amended carried unanimously.
36
37 2. ORDINANCE AMENDING WHATCOM COUNTY CODE BY AMENDING CHAPTER
38 20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
39 REQUIREMENTS AND CHAPTER 20.40 — AGRICULTURE DISTRICT AND
40 CHAPTER 20.68 — HEAVY IMPACT INDUSTRIAL DISTRICT (AB2006 -302)
41
42 Fleetwood reported for the Natural Resources Committee and moved to adopt the
43 ordinance.
44
45 Brenner moved to amend a definition, Whatcom County Code (WCC) 20.15.020(2),
46 "Commercial mushroom substrate production facility means a facility producing any
47 mushroom substrate for off -site commercial export." They don't need to include notification
48 language in this ordinance because this ordinance references the Health Code. Without the
49 amendment, someone could argue that any amount of substrate is commercial.
50
51 Crawford stated that it could create an argument that their exported material is not
52 intended for commercial use.
53
Whatcom County Council, 7/25/2006, Page 8
1 Nelson stated the amount is still capped.
2
3 Brenner stated her issue is with the commercial facility.
4
5 Motion to amend carried 5 -1 with Caskey- Schreiber opposed.
6
7 Motion to adopt as amended carried unanimously.
8
9 3. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, TENTH
10 REQUEST, IN THE AMOUNT OF $2,941,729 (AB2006 -298)
11
12 Crawford reported for the Finance and Administrative Services Committee and
13 moved to adopt the ordinance.
14
15 Nelson stated that this is predominantly for the new jail.
16
17 Motion carried unanimously.
18
19 4. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR INTERIM FINANCING
20 OF THE WHATCOM COUNTY INTERIM JAIL AND ALTERNATIVE CORRECTIONS
21 CENTER (AB2006 -299)
22
23 Crawford reported for the Finance and Administrative Services Committee and
24 moved to adopt the ordinance.
25
26 (Clerk's Note: End of tape one, side 8.)
27
28 Motion carried unanimously.
29
30 5. RESOLUTION REGARDING THE WESTERN HEMISPHERE TRAVEL INITIATIVE
31 (AB2006 -304)
32
33 Crawford reported for the Finance and Administrative Services Committee and
34 moved to adopt with amendments:
35 . "Whatcom County Council respectfully requests..." in all locations in the
36 resolution.
37 . "Be it further resolved that the Council is extremely eenee ed abeat, opposed
38 to the erosion..." and
39 • "Be It further resolved that the Council wges respectfully requests the United
40 States Government...."
41
42 Motion to approve the resolution as amended carried unanimously.
43
44 6. APPROVAL OF DEVELOPER REIMBURSEMENT AGREEMENT PERTAINING TO
45 ROADWAY CONSTRUCTION ON WEST ROAD (AB2006 -220)
46
47 Brenner reported for the Public Works and Safety Committee. She moved to
48 approve the agreement.
49
50 Motion carried 5 -0 with Fleetwood out of the room.
51
52 7. CONSIDERATION OF THE HEARING EXAMINER'S RECOMMENDED APPROVAL
53 OF A PROPOSED BINDING SITE PLAN, PLANNED UNIT DEVELOPMENT, AND
Whatcom County Council, 7/25/2006, Page 9
1 A SITE SPECIFIC REZONE FOR "HORIZONS VILLAGE AT SEMIAHMOO" FILED
2 BY BIRCH POINT VILLAGE, LLC (AB2006 -286)
3
4 Brenner reported for the Planning and Development Committee and stated this item
5 is held in committee until September 12, 2006.
6
7 8. ORDINANCE ADOPTING A SHORT TERM PLANNING AND ZONING OVERLAY
8 DESIGNATION IN THE BIRCH BAY UGA FOR HORIZONS VILLAGE AT
9 SEMIAHMOO (AB2006 -286A)
10
11 Brenner reported for the Planning and Development Committee and stated this item
12 is held in committee until September 12, 2006.
13
14 9. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
15 ORDINANCE, SPECIFICALLY ADDING ON -FARM PROCESSING TO CHAPTER
16 20.100 - ACCESSORY USES, 20.40.138 - ADMINISTRATIVE USES, DELETING
17 20.40.158 ADDING AGRICULTURAL PROCESSING DEFINITION TO CHAPTER
18 20.97 - DEFINITIONS AND ADDING LOT COVERAGE RESTRICTION -
19 CHAPTER 20.40.450 (AB2006 -282)
20
21 Fleetwood reported for the Planning and Development Committee and moved to
22 remand to the Planning Commission for further consideration.
23
24 Motion to remand carried unanimously.
25
26 10. REQUEST CONFIRMATION OF EXECUTIVE KREMEN'S APPOINTMENTS OF
27 PHILIP M. ANDRESS, JR., EUGENE GOLDSMITH, HOLLY LANOUX, THOMAS
28 NOEL, MICHAEL NOVOTNY, JIM PACE, KEN RICHARDSON AND EDWIN
29 SIMMERS TO THE VETERANS' ADVISORY BOARD (AB2006 -317)
30
31 Nelson moved to confirm the appointments.
32
33 Motion carried unanimously.
34
35 11. REQUEST CONFIRMATION OF EXECUTIVE KREMEN'S
36 REAPPOINTMENT OF DEAN BRETT, DUNHAM GOODING AND CHARLES
37 SELF TO THE BELLINGHAM - WHATCOM PUBLIC FACILITIES DISTRICT
38 (AB2006 -318)
39
40 Crawford moved to confirm the appointments.
41
42 Motion carried unanimously.
43
44
45 INTRODUCTION ITEMS
46
47 Fleetwood moved to accept the Introduction Items, including the substitute for
48 item two.
49
50 Motion carried unanimously.
51
Whatcom County Council, 7/25/2006, Page 10
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1.
2.
3.
RESOLUTION IN THE MATTER OF THE PETITION TO VACATE A PORTION OF
CRESTVIEW ROAD, A PLATTED UNOPENED ROAD IN WHATCOM COUNTY
(AB2006 -321)
ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $502,668 (AB2006 -319)
RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2007
THROUGH 2012 (AB2006 -320)
4. RESOLUTION SUPPORTING THE CREATION OF A COMPREHENSIVE
STORMWATER MANAGEMENT PLAN FOR THE LAKE WHATCOM
WATERSHED (AB2006 -322)
OTHER BUSINESS AND COUNCILMEMBER REPORTS
Brenner stated the work on the Port property on Marine Drive in Blaine is incredible.
Brenner stated she and Councilmember Weimer are going to the Lummi Island
Grange starting August 15 at 6:30 p.m. to work with Lummi Island residents on
transportation issues.
Brenner asked whether the Council is going to have a concurrency ordinance by
August. Nothing mandates that they have to do a study to do a concurrency ordinance that
says a level of service will not be reduced. She would like an update.
Hal Hart, Planning and Development Services Director, stated there is a request for
proposals (RFP). Eight firms contacted the department. Staff is working on interim
concurrency problems with the special districts. If they are going to do concurrency
management in Whatcom County, there are series deficiencies in transportation planning so
far. The biggest deficiency is in Birch Bay. The amount of development out there will
impact many of the projects on the six -year road program. They are trying to make sure
any investment of public and private funds together is done with the most benefit to the
public. They want to do a better job with working with the community to look at the larger
picture, including the entire western Whatcom County. Another area of study is the urban
growth area for the City of Bellingham. Make sure Bellingham is doing its fair share of
investment and infrastructure. They will select a consultant by August. An interim
ordinance may come forward.
Brenner asked if they can adopt an interim concurrency ordinance that says the level
of service will not deteriorate without compensation to offset the deterioration. Hart stated
staff will come up with a recommendation. Wait for that recommendation.
Caskey- Schreiber stated work with entities that may be impacted from growth.
Provide an example of a capital facilities plan for the districts in the Foothills subarea. If
something will affect the Foothills subarea, the districts should be able to collect impact
fees.
Brenner stated those are separate taxing districts. The districts need to come
forward with a comprehensive plan. That isn't negotiable.
Whatcom County Council, 7/25/2006, Page 11
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home.
Caskey- Schreiber stated her point is to educate the districts on how they can do
Crawford asked for an update on former Councilmember Sharon Roy's condition.
Caskey- Schreiber stated Ms. Roy was back in the hospital, and is now recovering at
Crawford stated they are all concerned about her condition.
ADJOURN
T, a meeting adjourned at 8:52 p.m.
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Jill Nixon, Minutes Transcription
The Council approved these minutes on September 26 , 2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey -S hreiber, Council Chair
Whatcom County Council, 7/25/2006, Page 12