HomeMy WebLinkAboutCouncil April 26 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
April 26, 2005
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
Dan McShane
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Caskey- Schreiber announced there was discussion with Chief Civil
Deputy Prosecutor Randall Watts regarding the RISK Pool (AB2005 -018) in
executive session during the Committee of the Whole meeting.
SPECIAL PRESENTATIONS
1. SUMMARY REPORT BY THE COMMISSION AGAINST DOMESTIC
VIOLENCE (AB2005 -189)
Michael Sledge, Western Washington University Residential Judicial Officer,
gave a presentation on the 2004 Annual Report for Domestic Violence Commission.
The commission brings together both experts and non - experts. The community
wins when people understand the prevalence of domestic violence and its impact on
the community. One doesn't have to have a great deal of understanding to
contribute to a positive change in the community.
The County's continued financial support is the basis for the work the
commission does. As the commission expands, it continues to look for additional
support of funding.
The commission continues to work on Domestic Violence Awareness Month
each October. This year, it will award the Domestic Violence Outstanding
Achievement Award.
Whatcom County Council, 4/26/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
The commission is developing a domestic violence screening tool for
physicians in the community as a part of a routine risk assessment.
The commission members present presentations to groups in the community
in the hopes of positive community change.
The commission supports implementing the recommendations from the 2002
Domestic Violence Safety and Accountability Audit. The audit recommends forming
focus groups with domestic violence survivors to develop best practices for law
enforcement; developing a new risk assessment for law enforcement personnel to
use, and; a discussion among service providers related to on -scene advocacy.
Sue Parrott, Commission Against Domestic Violence Director, stated the
second annual Domestic Violence Indicators Report presented findings. Data from
the past five years was adjusted to population changes and used to run statistical
analyses. The data is being collected in Whatcom County. During those years,
there were increases in felony case filings for domestic violence. There have also
been increases in domestic violence protection order filing, referrals for domestic
violence - related charges, and the use of Womencare Shelter and domestic violence
and sexual assault services.
There has been a decrease in the incidences where law enforcement respond
to a call and determine nothing has occurred that warrants an arrest.
Three areas have had no change: jail bookings, misdemeanor charges, and
offenses as reported by law enforcement, all related to domestic violence. The
domestic violence offenses per capita are consistent with the state figures.
New data was collected over one year on misdemeanor charge dispositions,
felony case dispositions, and information on individuals who have been ordered to
domestic violence perpetrator treatment. The number of perpetrators convicted
was significantly higher than the number of perpetrators who are referred to
treatment.
Crawford asked if low referrals is because there is a limited amount of
treatment available. Parrott stated it is not. They don't have data available on why
those people aren't referred to treatment.
Brenner asked the re- offending rate of people who finish treatment. Parrott
stated no one has that information yet. They hope to begin working on recidivism
data.
2. PROCLAMATION BY EXECUTIVE PETE KREMEN DECLARING MAY AS
BETTER HEARING AND SPEECH MONTH (AB2005 -017)
Whatcom County Council, 4/26/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dewey Desler, Deputy Administrator, read a proclamation into the record (on
file). May 2005 is Better Hearing and Speech Month in Whatcom County. He
presented the proclamation to Kathy Mason of Better Hearing.
Kathy Mason, Better Hearing, submitted information (on file) and gave a
PowerPoint presentation on hearing loss. Hearing loss robs a sufferer of many
things. Hearing loss develops slowly and restricts communication. She listed
common causes of hearing loss. It is the most preventable disability in the world.
Only a fraction of the people who need hearing aids own them. She listed the
physical indicators of hearing loss and the types of hearing loss. Uncorrected
hearing loss will cause a decline in the ability to understand speech at a rate of five
percent per year. With correction, the decline can be one percent or less per year.
Most hearing losses can be treated with hearing aids. She listed the benefits of
wearing a hearing aid. Hearing aid technology has increased greatly over the
decades. Everyone should get their hearing tested during May's Better Hearing and
Speech Month, and follow up if necessary.
Charlene MacKenzie, Self Help for the Hard of Hearing, Inc., stated Self Help
for the Hard of Hearing is a new support group in Whatcom County. The mission is
to support, educate, inform, and advocate for people with hearing loss.
Desler read a proclamation by Executive Kremen declaring May 9 to
May 15 as Wildfire Awareness Week and presented the proclamation to
Whatcom County Fire Marshal Warner Webb.
Warner Webb, Fire Marshal, stated the County, the State Department of
Natural Resources (DNR), and the Conservation District will target the building
departments for home construction materials and the local landscapers for the low -
risk vegetation available to homes. He will go to Lummi Island and Sudden Valley
to do chipping projects, in lieu of burning.
3. FIRST QUARTER UPDATE ON ECONOMIC DEVELOPMENT PROGRAMS
AND PROJECTS AND PREVIEW OF WEBSITE FROM THE EDC (AB2005-
017)
Rob Pochert, Economic Development Council (EDC) Executive Director,
submitted information (on file). The marketing plan included a new logo, new
brochures, new regional information, and an upgrade of the website. The EDC is
working on web marketing strategy now. Whatcom County did not have an
effective business recruitment website.
After doing some research, they found that corporate executives believe
dialog with industry peers is the number one source of information. That is key to
the marketing strategy. The web is the number one place for research and
information collection. The internet is the first place companies turn to when
developing an interest in a community for expansion and relocation. A knowledge
based website is necessary.
Whatcom County Council, 4/26/2005, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
A successful website must provide accurate information, not propaganda. It
must maintain regular updates and link to other relevant websites. The EDC
committed to completely revising the existing website. He showed examples of the
new website. Several County staff personnel put work into the website. The total
concept includes using peer messages on direct mail that goes directly to corporate
executives and real estate brokers. The website is a public /private partnership with
many agencies in the county. He thanked the County for its support.
Fleetwood asked who designed the logo. Pochert stated the agency that put
together the logo is Cartwright Creative Group.
(Clerk's Note: End of tape one, side A.)
Pochert stated Cartwright Creative Group also put together the website
design and worked with the County's geographic information system (GIS) staff.
Roy asked the number of hits on the website compared to the new website.
Pochert stated he hasn't looked at that data yet. He just approved the artwork for
the first mailing, which will go out in May. Data is being collected, but they haven't
analyzed it yet.
MINUTES CONSENT
Nelson moved to approve Minutes Consent items one through three.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL FOR APRIL 5, 2005
2. COMMITTEE OF THE WHOLE FOR APRIL 12, 2005
3. REGULAR COUNTY COUNCIL FOR APRIL 12, 2005
OPEN SESSION
The following people spoke:
Marion Beddill, People for Lake Whatcom Vice - President, submitted and read
from information (on file) on the ordinance imposing an interim moratorium
on the acceptance of new applications for subdivisions within the Lake
Whatcom watershed (AB2005 -187). Do not lift the moratorium until the total
maximum daily load (TMDL) study is received and implemented.
Whatcom County Council, 4/26/2005, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dennis Jones, 1487 Sudden Valley, Bellingham, stated the Sudden Valley
Community Association adopted 21 goals for Lake Whatcom Management Plan. The
cost of a plan will be expensive. However, it will cost much more to do nothing. He
has tried to get the Charter Review Commission to define a district. There are
many kinds of districts. Planning by watershed district is one of the most practical
ways to do watershed planning.
Tim Paxton, 2120 Ellis, Bellingham, stated he is opposed to the formation of
a City of Sudden Valley. Superior Court ruled that there was no State
Environmental Protection Act (SEPA) comments because the County threw them all
out. Now, the issue is before the Supreme Court. Sudden Valley is pushing this
forward. If Sudden Valley becomes a city, it becomes out of the control of the
County. Any controls for growth around Lake Whatcom go out the door. Given the
City of Bellingham's opposition to the area becoming a city, given the money the
County will spend at the Supreme Court, and given the fact that growth will go out
of control, he encouraged the Council to rescind the 2001 ordinance that would
allow Sudden Valley to eventually become a city.
He recently took a picture of how the public is viewing the health issues in
Whatcom County. Every week, the County employees are delivered bottled
drinking water. This gives an impression of how the people in this building view the
efforts to protect water quality and public health. If the employees of the building
think the water is so bad that they will buy bottled water, it's time to get a public
health specialist in to look at the total picture.
Roy asked the ordinance number Mr. Paxton referenced. Paxton stated he
will provide that information. It is a 2001 ordinance.
Richard Severson, 3435 Robertson Road, Bellingham, stated he supports the
County law enforcement and jails. It is the most important thing the County does.
The response time is too long. He is opposed to a City jail. The County interests
are out -voted by city voters.
In addition to the hearing presentation, loss of hearing can be caused by
malpractice and mumps.
PUBLIC HEARINGS
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS WITHIN
THE LAKE WHATCOM WATERSHED (AB2005 -187)
Caskey- Schreiber opened the public hearing and the following people spoke:
Marion Beddill, People for Lake Whatcom Vice - President, stated her
comments during the Open Session apply to this issue.
Whatcom County Council, 4/26/2005, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Steve Hood, Department of Ecology, stated he was encouraged by the
Council's work to find incentives to do retrofitting. When the Council originally
passed the moratorium, it wanted to work toward comprehensive stormwater
programming. Keep that in mind every time a 5,000 square feet of impervious
surface and another -'4 -acre lawn goes in. Meet with the Puget Sound Action Team
and Ecology to put together a reasonable plan. Get those things addressed sooner
rather than later.
Tim Paxton, 2120 Ellis Street, Bellingham, stated he encourages the Council
to adopt the ordinance. Look at the health effects as the Board of Health. The
subdivisions and development out there cause toxic algae blooms. The City is using
more and more alum to treat the water. Reduce development and put in a
permanent moratorium.
Richard Severson, 3435 Robertson Road, Bellingham, stated the County
should use a reservoir on the other side of the mountains for drinking water.
Hearing no one else, Caskey- Schreiber closed the public hearing.
McShane moved to adopt the ordinance.
Brenner moved to amend the ordinance to add language, "Be it further
ordained that parcels may be cluster- divided, provided that:
• The net density of the division shall not exceed one unit per 5 acres;
• The total amount of impervious surface permitted on the resulting
cluster lots would be less than that which would otherwise be
permitted on 5 -acre or greater parcels; and
• The cluster division shall result in a greater percentage of open space
preservation than conventional 5 -acre lots."
Crawford stated one resident has 20 acres in the rural, one unit per five acre
(R5A) zone. The parcel would allow four five -acre parcels. For purposes of limiting
impervious surface and road construction to get four perfect five -acre parcels, the
resident was encouraged by County staff to cluster to create three two -acre parcels
and a remainder tract with a buildable lot on the remaining 14 acres. Staff will
interpret this proposed language, if adopted, to mean that this resident will not be
able to cluster the development. All the resident can do is turn the 20 acres into
four even five -acre parcels.
There are options to make this language work for this resident. One option
would be to remove the words "that remain" from the second "Be it further
ordained" statement. Another option would be to add language that says folks
could still cluster if they are going to subdivide anyway if there is an environmental
benefit to the cluster development.
Whatcom County Council, 4/26/2005, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
He asked Councilmember McShane the intent of the words "lots that remain
5 acres or greater" and if there is a fix.
McShane stated the intent was to reflect the will of the Council that amended
the original moratorium in January to exempt the five acres. He opposed that
intent, but he didn't think he would bring that fight up again.
Regarding the clustering, Councilmember Crawford and Councilmember
Brenner's point is fine, but the Council is in the midst of refining Whatcom County
Code (WCC) 20.71. Part of that process is related to cluster subdivision rules. If
they are concerned about one individual, or others in similar situations, then allow
clustering to go forward after they complete the amendments to WCC 20.71. It
also creates a more even playing field for everyone. That section of the code could
be done in a couple of months. They are close to being completed.
Brenner stated Councilmember Crawford's recommended change to the
second "Be it further ordained" statement would not allow cluster developments. It
would just allow development of lots in the watershed less than five acres. They
won't have to be clustered.
She worked on her proposed language with staff. It would be nice if they
could wait until things are perfect, but allowing clusters to happen during the time
they are working on this ordinance is better than having more five -acre lots going
in. This change would require the development to be better environmentally.
Roy stated much of the Council's work session discussion has been related to
this one resident. If she supports the amendment, it's not because of one
individual. She will support the amendment because it provides more protection for
the watershed. It reduced impervious surface and increases open space. She
knows Mr. Hart was concerned about the same issue as Councilmember McShane.
The Council has given the Planning Department all sorts of work. She hates to add
more, but it's hard not supporting something that will reduce impervious surfaces
and increase open space.
McShane stated there is a financial advantage to clustering. It won't take
that long before the cluster subdivision rules are finalized. This individual called
him two and a half years ago to talk about subdivisions in general. Clustering
would be to her advantage. The Council is not forcing people to avoid clustering.
The Council wants to make sure the open space tract is designated for the purpose
of watershed protection versus something else. Now, the open space tract is not
designated for watershed protection. The reason they've talked about changing the
cluster rules for the watershed is to make the purpose of open space clear.
Crawford stated Mr. Martin indicated to him that there is not a lot of large
acreage proposals out there for subdivisions in the watershed, although they're
dealing with an individual who has been working on a project for eight years. Mr.
Martin also indicated that most large acreage subdivisions do involve clustering in
Whatcom County Council, 4/26/2005, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
one form or another. There is an economic advantage to building fewer roads.
The Council is 99 percent of the way there. He will support the motion to amend.
Roy asked if the cluster lot work that is in progress now will provide more
specific criteria for open space use.
McShane stated the purpose of the reserve tract is to work on vegetation
issues. Currently, it just refers to the landscape rules. The landscape rules are the
same as anywhere else. The purpose can be other than water quality protection.
Language was added about native coniferous trees.
Roy asked Mr. Hart's concerns.
Hal Hart, Planning and Development Services Department Director, stated
the concern is that they're creating a series of regulations that apply to different
people in time that they have to track. He will do an interpretation that will only
last a month, before the final regulations. There may be seven or eight applications
that come forward in the interim. At the front counter, the staff will explain the
differences among the way regulations were before, the way they are during the
interim, during the temporary interim, and then the final. From his perspective, the
fewer the differences, the better.
Brenner stated it won't be that many. She's not talking about creating an
interim cluster ordinance. The cluster ordinance already exists. They're not talking
about a third iteration, but using the iteration that exists. When they can get less
impervious surface and a greater percentage of open space preservation, it's worth
the effort. Convenience went out the window with the moratorium. Allowing
cluster development is a minor thing.
Nelson stated clustering is allowed in the agricultural overlay. The staff is
administering clustering now in the county. It wouldn't make that much difference
to add the Lake Whatcom watershed. Staff still has to explain clustering. He hoped
the clustering ordinances includes other sensitive areas in the county.
McShane stated that when clustering occurs in farmland, the purpose of the
reserve tract is clearly defined. The purpose of the reserve tract is not clear in the
case of Lake Whatcom.
Nelson asked if the clustering amendment can be conditioned. He's hearing
a concern about the reserve tract reflecting a certain perspective. He asked if the
cluster can be conditioned on the conditions. The reserve tract would be held to
any conditions established in the future.
that.
Karen Frakes, Senior Civil Deputy Prosecutor, stated the Council could do
Whatcom County Council, 4/26/2005, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson suggested a friendly amendment that the purpose of reserve tracts be
for watershed protection.
Caskey- Schreiber stated she is not comfortable with this. It feels like they're
trying to do this on the fly. She agrees with the issue, but staff is saying the
Council will create another set of rules, and in the future the Council will fine -tune
the rules. It gets confusing for the landowners who have different rules apply.
Adopt this as it is. Within 30 days, they will have the permanent regulations done.
It's a better way for staff and the county. It won't cause that much of an
inconvenience for someone to wait 30 to 60 days.
Brenner stated the Council can add amendments if they don't further restrict
property. Frakes stated that's not the criterion. The criterion for a public hearing
requirement is whether there is a significant change one way or the other so the
public can weigh in on the issue, no matter what side they're on.
Nelson withdrew his friendly amendment.
Crawford stated the clustering ordinance now says that clustering promotes
energy efficiency. That's ambiguous and doesn't reflect the Council's intent to
protect Lake Whatcom. The Council shouldn't pass an interim law just because it is
the same as what the final law will be. The Council could say that about
everything.
Motion to amend failed 3 -4 with Nelson, Brenner, and Crawford in
favor.
Brenner moved to amend, "Be it further ordained that this moratorium shall
be lifted in 30 days." They claim the clustering rules will be done then.
Roy stated this moratorium covers more than the clustering concept. There
is a natural life to this ordinance. She is not comfortable with the 30 -day limit
because there is more to this than the one issue.
McShane stated the City of Bellingham and Whatcom County planning
commissions are currently looking at the urban growth areas in the watershed
regarding zoning and boundaries. At the minimum, they need to go through that
process before the subdivision moratorium is lifted.
Brenner withdrew the motion.
Brenner requested that cluster subdivision on lots five -acres or greater be
introduced tonight for a hearing in two weeks. Use the same "whereas" statements
and the wording she read into the record.
Caskey- Schreiber stated the committee must continue to work it out.
Whatcom County Council, 4/26/2005, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion failed 1 -6 with Brenner in favor.
(Clerk's Note: End of tape one, side B.)
Nelson asked how much this would affect people in Water District 10 in terms
of sewer and water if the Council changes the zoning. Pederson stated she isn't
prepared to answer that question. The 2001 subdivision moratorium affected many
who hoped for future connections to develop. Now, many of those people have
committed to connections or a 25 -year moratorium. At this point, a rezone
wouldn't necessarily affect them unless they were holding out to divide later.
Caskey- Schreiber stated the water district said it is able to make the loan
payments based on the number of connections it has now.
McShane stated there wouldn't be a direct impact to the water district. They
may want to consider people with sub - dividable land who have paid the fee but who
have not submitted a subdivision application. That consideration will be done by
the planning commissions and councils of both the City and Council. It will affect
mostly Geneva and Hillsdale.
Pederson stated there are areas of Hillsdale that don't have city water.
There are proposals to shrink the urban growth area numbers in those areas. Her
estimates in her memo are gross estimates, and do no factor out critical area
limitations or other things. The buildout estimate she distributed previously is a
more refined, accurate buildout estimate, but doesn't give numbers of potential
sub - dividable lots.
Nelson stated he will support the ordinance with the understanding that they
have only a six month moratorium. He hopes all concerns raised will be clearly
identified and have stronger numbers to support what they're talking about. Work
closely with other jurisdictions in the watershed that can be affected by this
ordinance.
Roy asked the timeline for looking at the Bellingham urban growth areas and
doing the necessary evaluations. She asked if it is possible that it can be done
within six months. Hart stated that is possible. Community meetings are
happening now.
Brenner asked the process to change the ordinance to allow for cluster
development.
Caskey- Schreiber stated that as soon as they adopt WCC 20.71, they adopt
to everyone except those who are vested.
McShane stated the County had a subdivision moratorium a few years ago.
It lasted about a year and a half before the zoning was finalized. During that time,
a number of amendments were made to the moratorium to lift certain conditions as
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
information came forward. That is an approach they can take with this moratorium.
There are a lot of ways to make changes to the ordinance as information comes
forward.
Motion to adopt the ordinance carried 6 -1 with Crawford opposed.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through four.
Motion to approve Consent Agenda items one through four carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND SHEARER DESIGN, LLC FOR DESIGN OF PREFABRICATED BRIDGE
SYSTEM, IN THE AMOUNT OF $60,506 (AB2005 -192)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT AMENDMENT BETWEEN
WHATCOM COUNTY AND ART ANDERSON ASSOCIATES TO PROVIDE
ADMINISTRATIVE SUPPORT IN BUILDING THE PROGRAM TO
SUSTAIN AND IMPROVE THE LUMMI ISLAND FERRY SYSTEM, IN THE
AMOUNT OF $100,000, FOR A TOTAL AMENDED CONTRACT IN THE
AMOUNT OF $115,000 (AB2005 -193)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT AMENDMENT BETWEEN
WHATCOM COUNTY AND ELLIOTT BAY DESIGN GROUP FOR
ENGINEERING SUPPORT SERVICES IN THE DESIGN AND
CONSTRUCTION SUPERVISION OF A NEW PASSENGER VEHICLE
FERRY, IN THE AMOUNT OF $222,940, FOR A TOTAL AMENDED
CONTRACT IN THE AMOUNT OF $237,940 (AB2005 -194)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID NO.
05 -29 TO THE LOW BIDDER, WHATCOM BUILDERS, INC., FOR
ANNUAL MISCELLANEOUS OVERLAY AND PRELEVEL PROJECTS, IN
THE AMOUNT OF $439,234.20 (AB2005 -195)
OTHER ITEMS
1. ORDINANCE AMENDING 2005 WHATCOM COUNTY BUDGET, REQUEST
NO. 4 (AB2005 -182)
Whatcom County Council, 4/26/2005, Page 11
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Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Caskey- Schreiber stated this seems like a lot of money.
Dewey Desler, Deputy Administrator, stated the parcel is 5.7 acres with 670
feet of waterfront along the east shore of the lake and a small stream. Currently,
the property is platted for three building sites, and has septic systems and wells
already installed.
Nelson stated these types of lots were deemed a high priority in the initial
conservation planning with the city because they are on the shoreline and near
streams. This property is being purchased below the assessed valuation. He
strongly urged the Council to support the purchase.
Desler stated the purchase price is about half the assessed value.
Caskey- Schreiber stated she recently visited Point Roberts. She was amazed
by how beautiful it is. The whole property is for sale for $1.5 million. It has about
five or ten acres. At some point, they have to begin weighing the equity of these
properties.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING A $50.00 PETTY CASH REVOLVING FUND
FOR JUVENILE COURT ADMINISTRATION (AB2005 -184)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
3. ORDINANCE ESTABLISHING A $200.00 PETTY CASH REVOLVING
FUND FOR THE COUNTY CLERK (AB2005 -185)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
6. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /FARM AND AGRICULTURAL CONSERVATION AND OPEN
SPACE /TIMBER APPLICATIONS (AB2005 -186)
Fleetwood reported for the Planning and Development Committee and
moved to approve the resolution.
Whatcom County Council, 4/26/2005, Page 12
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Motion carried unanimously.
4. ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER
20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND
ZONING DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED
(AB2005 -105)
Fleetwood reported for the Planning and Development Committee and stated
the committee made amendments and recommends that the Council schedule a
public hearing.
Roy asked if the Planning Committee considered the community's input.
Fleetwood stated the Hopewell Neighborhood Association had three proposed
additions. Representatives of the association met with County staff and negotiated
a number of issues. The committee considered only three remaining issues. The
committee did not support those three remaining issues.
Brenner moved to amend Whatcom County Code (WCC) section 20.15.040
to strike the last sentence, "...standards shall apply. „usnr-eeFn substrate
Crawford stated he wants them to be exempt if it means they're not
expanding.
Brenner stated this is only removing the exemption if there is an expansion.
Roy asked if existing facilities have to retrofit their facilities.
Brenner stated they do not.
McShane stated he is opposed to the motion. People are not happy with the
existing facility, which is a nonconforming use and not operating under the current
health code rules. If the owner decides to improve the facility to make it better, it
might require expansion. The expansion is only limited to 3,250 cubic yards.
Everything they would have to do would follow all the health code rules. With the
exemption, the current facility would be able to operate in a better way than it is
now, more in keeping with the wishes of the neighborhood association. The only
thing the facility is exempt from is the buffer and setback rules, not the other rules
in WCC 20.15.070. Also, production is limited to 3,250 cubic yards per month.
Brenner stated the facility may also not expand. This is what the
neighborhood association wanted. There won't be an expansion. This language
makes the facility adhere to all the buffer and setback requirements, like everyone
else. Also, the attorney for the neighborhood association raised a concern. If the
Whatcom County Council, 4/26/2005, Page 13
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facility is allowed to expand its nonconforming use, it is no different than building a
new facility. An exemption would, in effect, give special treatment to one over
another.
Motion to amend carried 5 -2 with Fleetwood and McShane opposed.
Brenner moved to amend WCC 20.15.070(a) to add rural zoning and to
remove rural zoning from WCC 20.15.070(b).
McShane stated he is against the motion. The neighborhood association
submitted similar ordinance from around the country, but they had to do with hog
farm operations. The mushroom substrate facility is only allowed in the industrial
and agricultural zones. The size of the facility will be limited. The use will be
enclosed in a building and fully compliant with the health codes. The Council should
not equate a mushroom substrate facility, which is entirely contained and follows
extremely good, stringent rules, with giant hog farm operations. The two are not
the same. If the health code doesn't hold up, the Council can quickly change the
distance criteria. He's not comfortable equating the use with that kind of impact.
Caskey- Schreiber stated that Recomp was an indoor facility with a bio- filter
that should have done its job. It only worked as well as it's maintained. She will
err on the side of the citizens.
Motion to amend carried 4 -3 with Nelson, Fleetwood, and McShane
opposed.
Brenner stated the last issue from the neighborhood association was to
require a performance bond. The County does enforcement, not performance
bonds. Also, a performance bond must equate to the value of a cost. If they end
up cleaning up the site, there won't be a huge cost.
Caskey - Schreiber stated that the Council will schedule a public hearing on
May 24 and will introduce the new amended ordinance in two weeks.
S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTERS 20.37 — POINT ROBERTS
TRANSITIONAL ZONE (TZ) DISTRICT, 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT, AND 20.97 — DEFINITIONS TO
CLARIFY REQUIREMENTS AND STANDARDS FOR CLUSTER
SUBDIVISIONS (AB2005 -149)
Fleetwood reported for the Planning and Development Committee and stated
the committee made amendments to the proposed ordinance. The new version will
be before the Council for introduction on May 10 and the Council will hold a public
hearing on May 26.
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7. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
VICKI HAWLEY TO THE AGRICULTURE ADVISORY COMMITTEE
(AB2005 -196)
Brenner moved to confirm the appointment.
Motion carried unanimously.
8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
CAROLE MACDONALD, RENEE REIMER, DREW SCHMIDT AND MARK
SIMPSON TO THE LODGING TAX ADVISORY COMMITTEE (AB2005-
197)
Brenner moved to confirm the appointments.
Motion carried unanimously.
9. RESOLUTION APPROVING A SALARY SCHEDULES FOR THE WHATCOM
COUNTY COUNCIL FOR THE YEARS 2006, 2007, 2008, AND 2009
(AB2005 -089)
Fleetwood moved to approve the resolution.
Motion carried unanimously.
Addendum:
10. ACCEPTANCE OF THE WHATCOM COUNTY 14 -YEAR FERRY PROGRAM
FOR THE YEARS 2005 -2018 (AB2005 -163A)
Nelson moved to accept the plan.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Motion carried unanimously.
1. PRESENTATION BY THE BELLINGHAM - WHATCOM COUNTY
CONVENTION AND VISITORS BUREAU, SUSTAINABLE CONNECTIONS,
AND FARM FRIENDS REGARDING PLACEMENT OF DIRECTIONAL AND
EDUCATIONAL AGRICULTURAL SIGNS ON COUNTY ROADS
(PRESENTATION SCHEDULED FOR PUBLIC WORKS AND SAFETY
COMMITTEE ON MAY 10) (AB2005 -191)
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2. RESOLUTION APPROVING BIRCH BAY WATER AND SEWER
DISTRICT'S COMPREHENSIVE SEWER SYSTEM PLAN, AMENDMENT
NO. 2 (AB2005 -198)
3. ORDINANCE ADDRESSING PARKING RESTRICTIONS ON THE BEACH
SIDE OF BIRCH BAY DRIVE (AB2005 -199)
OTHER BUSINESS
Caskey- Schreiber stated the Council will meet on May 3 from 2:00 p.m. to
4:00 p.m. for another work session on moratorium response.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Fleetwood stated he agreed with Councilmember Caskey- Schreiber about Lily
Point in Point Roberts. They went on a tour of the property last week. It is very
beautiful. It would make a good use of the Conservation Futures funds at some
point.
Caskey- Schreiber agreed.
McShane stated the erosion rate at Lily Point is high, which is why it hasn't
been developed.
Roy stated it is an important Native American site. There are other unique
and beautiful sites in the county, such as Semiahmoo Spit. The Council needs to
talk about having more Conservation Futures funds at its disposal.
Dewey Desler, Deputy Administrator, stated the Council will discuss next
week the Comprehensive Parks and Recreation Open Space Plan. It's apropos to
have these kinds of discussions for the plan.
ADJOURN
The meeting adjourned at 9:12 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
, 2005.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Whatcom County Council, 4/26/2005, Page 16
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Dana Brown - Davis, Council Clerk Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 4/26/2005, Page 17