HomeMy WebLinkAboutCouncil May 23 2006W HATCOM COUNTY COUNCIL
Regular County Council
May 23, 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 Seth Fleetwood
Dan McShane L. Ward Nelson
Sam Crawford
Carl Weimer
FLAG SALUTE
ANNOUNCEMENTS
Caskey - Schreiber announced there was a brief update on the status of the
Lummi Island Groundwater Study (AB2006 -239) during the Committee of the Whole
meeting.
Caskey - Schreiber announced there was also discussion with Chief Civil Deputy
Prosecutor Randall Watts regarding a pending litigation settlement (AB2006 -018)
in executive session during the Committee of the Whole meeting.
McShane moved to approve the proposed settlement between Lummi Nation and
the United States of America, et al. versus Washington State Department of Ecology, et al.
Motion carried unanimously.
SPECIAL PRESENTATIONS
1. BELLINGHAM- WHATCOM COUNTY COMMISSION AGAINST DOMESTIC
VIOLENCE ANNUAL REPORT PRESENTED BY SUE PARROTT, COMMISSION
DIRECTOR, AND REGINA DELAHUNT, WHATCOM COUNTY HEALTH
DEPARTMENT DIRECTOR (AB2006 -227)
Regina Delahunt, Health Department Director and Commission Against Domestic
Violence Chair, stated all the Commission members put forth a collaborative effort to
resolve the issue of domestic violence. Domestic violence crosses all boundaries of the
population. It is a public health issue that impacts many of the people the Health
Department services. She presented the 2005 annual report (on file).
Sue Parrott, Commission Against Domestic Violence Executive Director, stated they
do this work because it's about people. She read comments from a victim. The victim
asked the courts to drop the no contact order against her husband because of the kids and
to work things out because she loved her husband. According to the police report on this
woman, she is terrified of her husband. It was difficult to give a statement to the officer.
Whatcom County Council, 5/23/2006, Page 1
She was abused for a long time. Through the child's school, she notified law enforcement
about the abuse. At the same time, she wanted the no contact order dropped. Ultimately,
the husband was convicted of a lesser charge, partly because the victim didn't testify. She
shares this story for two reasons. The first reason is to give a face to the work of the
Commission.
The second reason is because there is tension between the Commission's desire to
hold offenders accountable and make people safe and protect the victim's need for safety,
which isn't always about removing the offender. It's not easy work. Practitioners must look
at each case individually. When the system doesn't work, there must be other systems in
place that will respond in a way that the criminal justice system can't. Many practitioners
understand this is a challenging problem, so many people are willing to work together.
The Commission received a federal grant for two years. The City of Bellingham was
the applicant. The Commission is the project manager. The grant provided funding to train
law enforcement and jail staff to expand victim services, enhance the technology of the
Sheriff's Office in response to domestic violence calls, and for the Commission to audit the
Prosecutor's Offices of the City and County and District Court Probation. A group of ten
professionals are auditing the departments. They are trying to look at the victim's needs
and the system's process, and the gap between the two. The audit will produce a report.
The second item is a benchmark report, a compilation of domestic violence data in
Whatcom County. Overall, there is an increasing trend in activity. However, that increasing
number isn't a bad thing. She can't say why the number has gone up. The system is busy.
Hopefully, more people are accessing the system.
There is a new website for the commission. All the reports are on the website. The
councilmembers are welcome to attend Commission meetings. She thanked the Council and
Executive for their support. She thanked the Commission members for volunteering.
2. STATE OF THE COUNTY PRESENTATION BY COUNTY EXECUTIVE PETE
KREMEN (AB2006 -017)
Pete Kremen, County Executive, read from his State of the County address (on file).
Brenner asked when the transportation concurrency ordinance would come to the
Council. Kremen stated the Planning and Development Services Department and Public
Works Department are working on this item with the Council. Hopefully they will come
forward with a plan to present to the Council late this summer.
OPEN SESSION
The following people spoke:
Johnny Grames, 4478 Northwest Drive, Bellingham, stated there is an article about
wages being low for some employees. Wages are too high. They need a citizens
commission. There are no direct quotes in the article from the Treasurer and Council Chair.
He read from the article. When he appears before the School District and City Council, he is
treated differently. The Council is courteous to the people on the inside. He's just trying to
point out things, such as the jobs that N.F. Jackson had. He's still trying to get public Mr.
Jackson.
Whatcom County Council, 5/23/2006, Page 2
The reason for the big numbers on domestic violence are because there are many
false accusations and false allegations of domestic violence. People have to prove their
innocence, which is nearly impossible. Fathers and men end up being the bad guys. People
cry wolf, which increases domestic violence.
Kris Ungern, 2095 Northshore Road, stated he has thoughts about growth
management in Whatcom County, different from what they've heard tonight. He asked why
the Planning Commission is well - represented by anti - growth views. Saying "no" does not
amount to planning. He asked why a group dedicated to stopping growth is called Pro -
Whatcom, giving a positive spin to a negative act. Under the Lake Whatcom watershed
property acquisition program, the City purchases land at below- market prices after
restrictions on development have been imposed by the County, which lower the value of
properties. This may technically be legal, but is not ethical. Bellingham was recently rated
number five for small job creation in small cities. However, a comment in the article by a
local entrepreneur indicated that Bellingham is developing a reputation as an anti - growth
city. This could be a problem. If businesses leave, tax revenues will decline. There will be
a corresponding impact on government budgets.
Even a stable community with balance between population and housing will come up
under pressure merely because of demographic changes. There can be a need for
additional housing, even with no net increase in population.
Neither rapid unplanned growth nor no growth is good for a community. The middle
of the curve is where growth management should occur. Work together to achieve the
goals of the Growth Management Act. Compromising in the short-term may not be the best
approach for the long term. Moderates are often willing to split the difference with people
holding extreme positions. This compromise rewards extremists and encourages them to
make more unreasonable demands in the future.
Dennis ]ones, 1487 Sudden Valley, stated he is a member of People for Lake
Whatcom. He proposes a time out to figure something out. A plan has been on the books
for ten years to sustain Lake Whatcom water quality. It is a major public works program.
That is just one goal. The point is often made that houses not built don't harm the lake.
That's right. However, they know the lake quality is sliding. They are having problems.
It's called anthropomorphic eutrification. Get on all 21 goals of the program. Don't make
too much of a city of Sudden Valley. He is personally affronted by the group working on it
now. He's challenged that group to work through Sudden Valley community planning and
get on with it. He proposes a district for Lake Whatcom that includes the county. Get on
with the entire Lake Whatcom Management Program.
PUBLIC HEARINGS
1. ORDINANCE ADOPTING A SHORT TERM PLANNING AREA ZONING OVERLAY
DESIGNATION IN THE FERNDALE UGA, WEST OF VISTA DRIVE (AB2006 -205)
Caskey - Schreiber opened the public hearing and the following people spoke:
Tom Black, City of Ferndale, submitted and read from his testimony (on File). On
behalf of the City of Ferndale, he has expressed general support for the County's land use
goals and policies. At the same time, he has serious concerns about the way the County
has interpreted and implemented those goals and policies within Ferndale's urban growth
area. They talked about the long- and short-term planning areas, how they were created,
Whatcom County Council, 5123/2006, Page 3
and whether they make sense. In the case of Ferndale, they need to be properly analyzed
and redrawn.
They talked about density and how it should be calculate and used as a regulatory
tool. They've talked about urban, rural, limited areas of more intense rural development
(LAMIRD's), and net versus gross. All would concur that much discussion is ahead before
they agree on what density means and the density level they can all live with.
Finally, they talked about whether the County should push the semantic envelope in
interpreting the language of a policy to "encourage" as a rigid requirement that is then
unilaterally imposed. The issue of self - determination is the most important issue for the
City. There will be much more loss than gained in the long run by use of a heavy hand,
even if the County has that authority.
He hopes the County realizes that the City is not unmindful of or indifferent to the
growth issue they all face. He hopes they have a long -range community program in place
to identify and resolve the issues. In the end, the Council saw the reasonableness of
approving this rezone from long -term to short-term planning area and removing the strict
requirement related to the future density of development. Reaffirm that action tonight. It
showed a degree of respect and level of trust that is a prerequisite for the cooperative
planning effort needed over the next several years to address the problems of growth
management in the Ferndale urban growth area.
McShane asked the status of the City's plan for meeting the density policies the
County has for Ferndale. Black stated their planning only began recently. Their
Comprehensive Plan update was two years past due when it identified funding for long -
range planning. Until that point, they were 100 percent dedicated to current planning and
doing virtually nothing on the Comprehensive Plan update. They are less than one year into
the Comprehensive Plan update program. They anticipate having the update complete by
the first of the year. Then they will do a technical update to the Comprehensive Plan. They
intend to do subarea planning in each neighborhood over the next few years. They will do
one or two neighborhood areas per year. They will do a more detailed level of planning.
Upon the date when the Comprehensive Plan is again due for renewal, they will supplant
that Comprehensive Plan which will be made up of all the subarea plans. The City Council
Identified funding for this long -range program. They have a contract planner on board who
may become permanent.
Doug Robertson, 900 DuPont Street, stated he represents the contract holders of the
property. The City of Ferndale is completing it's visioning process tonight, and wants to
coordinate what they get from the process. Given the impact on this area and where the
City is at, table this item or continue the hearing until the City has a summary of its
visioning process.
Caskey - Schreiber asked if the City would do that in two weeks. Robertson stated he
doesn't know.
McShane stated he hasn't heard a commitment to meeting the County's density
policy. He asked if that would be discussed, at least citywide. Robertson stated that is an
issue the City should address. He doesn't know if it's part of the visioning process.
Crawford asked if the City of Ferndale wants to wait until that summary is done and
presented to the County Council. Robertson stated the City believes the County would
benefit from whatever process the City is completing tonight.
Whatcom County Council, 5123/2006, Page 4
Staff recommended approval to the Planning Commission. The Planning Commission
held a public hearing and work session. At the time, the Planning Commission decided that
urban densities have not been fulfilled. At the time, a major development permit
application was submitted for the short-term planning area just to the west of the farm.
There are urban densities in all areas except the farm. The question is whether one
landowner can hold up development in an area they've all planned for. It is a very
successful farm, and the family will continue farming. That one property owner should not
dictate whether other properties are appropriate for a Comprehensive Plan amendment.
The only reason that the Planning Commission voted against changing the Comprehensive
Plan was because the urban densities have not been met. In the area to the west, the
density is now being met because of the new development application.
The farm is not going to change. To allow one property to hold up what is otherwise
endorsed by the Comprehensive Plan would give power to a property owner. In the future,
it could be used as a negotiating tactic. This shouldn't interfere with planning.
(Clerk's Note. End of tape one, side A.)
Robertson continued to state that the Council should approve the Comprehensive
Plan amendment as presented at the last meeting.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Caskey- Schreiber stated she received a request from Mayor Landcastle that this
public hearing be held open and scheduled again in two weeks because of their visioning
meeting.
Brenner stated the Council should hold this item in Council. This is the City's third
visioning meeting. Many people are attending the visioning meeting. A lot is going on. The
County Council will have a summary next week. She moved to continue the public hearing
for two weeks.
McShane stated make sure they keep the public hearing open to accept the
comments of the City.
Caskey - Schreiber stated she will keep the public comment period open if that's what
the Council wishes.
McShane stated the reason to wait for two weeks is to get input on the ordinance
before the Council. The way it is now, he will vote against it. It is a formula for sprawl. A
vision that comes forward that says the City will try to meet or exceed the County's density
designations for Ferndale is important. He suggested that the public comment period be left
open until the County Council gets a vision statement from the City of Ferndale. That might
leave the record open for awhile.
Brenner amended her motion to continue the public hearing and keep the record
open until the Council gets the summary from the City of Ferndale on the vision statement
before bringing this back up.
Motion carried unanimously.
Whatcom County Council, 5123/2006, Page 5
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through ten and to approve the addendum
item, number 11.
Motion to approve Consent Agenda items one through 11 carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -41 TO
LOW BIDDER, DIEHL FORD, FOR SIX SMALL UTILITY VEHICLES, IN THE
AMOUNT OF $117,138.13 (AB2006 -228)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -47 TO
LOW BIDDER, FRONTIER FORD, FOR FIVE HALF -TON EXTENDED CAB PICKUP
TRUCKS, IN THE AMOUNT OF $98,006.08 (AB2006 -229)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -57 TO
LOW BIDDER, CONCRETE TECHNOLOGY CORPORATION, FOR THE SUPPLY OF
PRE- STRESSED CONCRETE VOIDED SLAB BRIDGE GIRDERS, IN THE AMOUNT
OF $83,735.09 (AB2006 -230)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE UNITED
STATES DEPARTMENT OF AGRICULTURE, MT. BAKER- SNOQUALMIE
NATIONAL FOREST, TO PROVIDE FUNDS FOR A DEPUTY TO PATROL THE MT.
BAKER - SNOQUALMIE NATIONAL FOREST, IN THE AMOUNT OF $60,000
(AB 2006- 231)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
REGIONAL COUNCIL, FOR THE PURCHASE AND INSTALLATION OF UHF
REPEATERS FOR MOUNTAINTOP FIXED SITES IN ORDER TO ENHANCE OUR
COMMUNITY PREPAREDNESS TO COMBAT TERRORISM, IN THE AMOUNT OF
$46,550 (AB2006 -232)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
FERNDALE, FOR THE PURCHASE OF A FIXED GENERATOR FOR THE CITY OF
FERNDALE POLICE DEPARTMENT TO ENHANCE LAW' ENFORCEMENT'S
ABILITY TO RESPOND TO AND CONTINUE CRITICAL INFRASTRUCTURE
OPERATIONS DURING NATURAL AND MAN -MADE EMERGENCIES, IN THE
AMOUNT OF $20,000 (AB2006 -233)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUB -
RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND ST. JOSEPH
HOSPITAL, FOR THE PURCHASE OF TWO PORTABLE VENTILATORS TO
ENHANCE THE HOSPITAL'S ABILITY TO CONTINUE CRITICAL
INFRASTRUCTURE OPERATIONS AND RESPOND TO THE HEALTH CARE
NEEDS OF WHATCOM COUNTY DURING NATURE AND MAN -MADE
EMERGENCIES, IN THE AMOUNT OF $16,800 (AB2006 -234)
Whatcom County Council, 5/23/2006, Page 6
1 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
2 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
3 COUNCIL OF GOVERNMENTS, TO ASSIST IN FUNDING THE WHATCOM SMART
4 TRIPS PROGRAM TO REDUCE AUTOMOBILE TRIPS AS A PERCENTAGE OF
5 TOTAL TRIPS THROUGH EDUCATION, ASSISTANCE AND INCENTIVES, IN THE
6 AMOUNT OF $20,000 PER YEAR FOR THREE YEARS, FOR A TOTAL OF $60,000
7 (AB2006 -235)
8
9 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO COMPLETE THE
10 PURCHASE OF THE PROPERTY LOCATED AT 1661 BAKER CREEK PLACE,
11 BELLINGHAM (AB2006 -236)
12
13 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO COMPLETE
14 ACQUISITION OF AN EASEMENT FOR PUBLIC PARK PURPOSES IN THE
15 AMOUNT OF $10,000 FROM THE JENSEN FAMILY LIVING TRUST UTILIZING
16 THE CONSERVATION FUTURES FUND (AB2006 -237)
17
18 Addendum:
19 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ACCEPT
20 $35,000 IN GRANT FUNDING FROM CTED FOR BIRCH BAY DESIGN
21 STANDARDS AND GUIDELINES (AB2006 -241)
22
23
24 OTHER ITEMS
25
26 1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, EIGHTH
27 REQUEST, IN THE AMOUNT OF $1,186,667 (AB2006 -217)
28
29 Crawford reported for the Finance and Administrative Services Committee and
30 moved to adopt the ordinance.
31
32 Motion carried unanimously.
33
34 2. ORDINANCE CREATING THE WHATCOM COUNTY VETERANS ADVISORY
35 BOARD (AB2006 -218)
36
37 McShane moved to adopt the ordinance.
38
39 Motion carried unanimously.
40
41
42 INTRODUCTION ITEMS
43
44 McShane moved to accept Introduction Item one.
45
46 Motion carried unanimously.
47
48 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON SHORELINE
49 VARIANCE (SHV05- 0013), FILED BY 3OSEPH PEMBERTON FOR COLLEEN
50 SULLIVAN AND SCOTT MALIS (AB2006 -225)
51
52
53 Addendum:
Whatcom County Council, 5/23/2006, Page 7
2. RESOLUTION OF CONCERN REGARDING PROPOSED SITE FOR A THE
NOOKSACK TRIBAL CASINO (AB2006 -240)
McShane stated he is opposed to this resolution. It is not an appropriate way to
discuss or deal with this issue.
Brenner stated she disagreed. This is not a private issue. The County Council
represents everyone in Whatcom County. The Council was specifically asked its position
when it was invited out there. She can't give the position of the full Council without some
discussion on this with the Council. When there are concerns with other jurisdictions and
when a number of people ask the Council's position, she can't speak for the Council. It's
very important to take a position so the Council can work from that position.
McShane stated there is no statement in the resolution about taking a position.
Brenner stated there is.
McShane stated it is not a position on the individual proposal. He has not received
any communication that the Council is to take a position. It is simply an expression of
wanting to sit down and talk. That's not appropriate for a resolution.
Caskey- Schreiber stated she doesn't support this either. It isn't necessary. They've
invited the County Council to talk. They've already opened the door for communication.
They've asked for the Council's concerns and said they will meet with the Council to try and
address those concerns. They talked about everything. They said they were willing to
explore all the issues with the Council, the Executive, and the Public Works Department to
address the road concerns. They don't need to resort to a resolution just yet. Work with
them rather than suddenly giving a mandate.
Brenner stated the Council does this with other jurisdictions. Continue discussions.
Make sure that they get all concerns addressed on the record before this goes forward. This
is planning to be opened in a little over a year. Time is an issue. She would have preferred
discussion before it got to this point. The Council was not included until now. She's not
sure how far this has gotten. Have discussions before anything further happens.
Crawford stated they don't need to introduce a resolution anyway. As a matter of
process, he'd like to see how the Council feels about this in a couple of weeks. The Council
is honored with the Tribe Council Members and others' attendance tonight. He looks
forward to working with them. He got a call from Representative Erickson. A community
meeting is being organized in Lynden. The development representatives are invited to
attend. In the next couple of weeks, the Council will see the reaction of the general county
population on this. For now, pull this from Introduction. It doesn't matter.
Brenner stated she's comfortable with that. She didn't want it to look like she was
blindsiding anyone by bringing up a resolution at the last minute. She's trying to be open.
Weimer stated that what Councilmember Brenner is trying to accomplish has been
accomplished by voicing the concerns. He's heard concerns about various impacts. In
some degree, the resolution is bringing up those issues. The Tribe is willing to have those
discussions in the next two weeks, whether or not the Council introduces a resolution.
Brenner stated she has talked to the administration and other councilmembers.
She's gotten the feeling that the majority of people are very uncomfortable with the
Whatcom County Council, 5/23/2006, Page 8
proposal, but are more uncomfortable with saying anything. It's the Council's duty to say
something. She feels she is being extremely respectful. She doesn't intend to go behind
anyone's back.
Crawford stated Councilmember Brenner did a good job of bringing the issue
forward. They are discussing it. The resolution has served its purpose in that regard. He's
glad it's been discussed tonight.
Caskey- Schreiber stated she doesn't have fault with the resolution. She has fault
with the idea that it is necessary to adopt an adversarial stance with the Tribe. The County
doesn't have a lot of jurisdiction over this project. The Tribe has offered to work with the
County. She would rather work with the Tribe first than just jump to this big public
statement demanding that the Tribe do certain things. The Tribe has already offered to do
those things. It's bad form to start making rules over something over which the County has
no control.
Brenner stated there is not one demand in this resolution. It is in no way
adversarial. It is extremely respectful and acknowledges an equal relationship. She
withdrew the resolution.
Caskey - Schreiber stated she doesn't agree with how the resolution says this the way
they have to do business.
MINUTES CONSENT
McShane moved to approve Minutes Agenda items one through five.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL FOR APRIL 18, 2006
2. SURFACE WATER WORK SESSION FOR APRIL 18, 2006
3. REGULAR COUNTY COUNCIL FOR APRIL 25, 2006
4. COMMITTEE OF THE WHOLE FOR MAY 9, 2006
5. REGULAR COUNTY COUNCIL FOR MAY 9, 2006
41
42 OTHER BUSINESS AND COUNCILMEMBER REPORTS
43
44 McShane stated he is going to Puget Sound Action Team meeting on Thursday.
45
46 Caskey - Schreiber stated there will be a Kendall Resource Center meeting on ,Tune 27.
47 The Council will present where the County is at and where they want to go. A Joint Lake
48 Management Meeting will be either July 12 or July 19. The focus will be stormwater
49 treatment options for Lake Whatcom.
50
51 Brenner stated that on Memorial Day, there will be a ceremony celebrating the
52 completion of the Korean War Children's Memorial Pavilion. It honors American service men
53 and women for their humanitarian aid for the children of Korea from 1950 to 1954. George
Whatcom County Council, 512312006, Page 9
1 Drake has worked on this for six years. The Council General of Korea will attend the
2 luncheon reception.
3
4
5 ADJOURN
6
7 The meeting adjourned at 8:00 p.m.
8
9
10
11 Jill Nixon, Minutes Tra scription
12
13 The Council approved these minutes on July 11 , 2006.
14
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Whatcom County Council, 5/23/2006, Page 10