HomeMy WebLinkAboutCouncil May 24 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
May 24, 2005
Council Vice -Chair Seth Fleetwood 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
Sharon Roy
L. Ward Nelson
FLAG SALUTE
SPECIAL PRESENTATION
Absent:
Laurie Caskey- Schreiber
1. PRESENTATION BY THE LAW AND JUSTICE COUNCIL (AB2005 -017)
Philip Buri, Law and Justice Council Chair, handed out the 2004 annual report
(on file) and stated the Law and Justice Council adapted to things happening in
Whatcom County and is taking a lead in shaping the way the law and justice system
works in Whatcom County.
In 1997, the voters voted down a tax increase of one -tenth of one percent to
fund a jail. During the 1990's, the Washington legislature passed a number of lots
granting certain rights to victims of domestic violence. It also gave certain courts
the ability to enter these orders. Also in the 1990's, different jurisdictions used
different computer programs to talk to their law enforcement officers about all the
different orders.
The Law and Justice Council is trying to bring these things together. In
2004, the voters approved the one -tenth of one percent tax increase that is funding
the construction of the medium security interim jail. The Law and Justice played a
role in that by bringing together different constituent groups.
Also last year, the municipal court adopted a domestic violence court. All the
various components of victims and offenders are brought together at one place and
time. It ends the confusion of one court not knowing what the other courts are
doing.
Whatcom County Council, 5/24/2005, 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.
City, County, and State law enforcement officials will be able to talk to each
other through the internet as a result of a project the Law and Justice Council is
working on called Whatcom Exchange Network (WENet). The Law and Justice
helped to get a federal grant for that program.
The Law and Justice Council is to provide strategic planning for the County
Council in the forms of suggestions and good ideas.
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through six.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL FOR APRIL 26, 2005
2. WATER RESOURCES WORK SESSION FOR APRIL 19, 2005
3. REGULAR COUNTY COUNCIL FOR MAY 10, 2005
4. SPECIAL COUNTY COUNCIL FOR MAY 3, 2005 (PARKS PLAN)
S. SPECIAL COUNTY COUNCIL FOR MAY 3, 2005 (MORATORIUM
RESPONSE)
6. SPECIAL COUNTY COUNCIL FOR MAY 10, 2005 (MORATORIUM
RESPONSE)
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, stated Sudden Valley community put
together a Sudden Valley Practice and Research Team. He referred the team to
County Senior Planner Sue Blake. Dissolved oxygen is a concern. The Practice and
Research Team came up with a lot of studies and a solution regarding glacier pools
in Lake Whatcom. Take a look at that information.
The City and County did work on Lake Whatcom a year ago. There are
things they can do to achieve a 110 percent solution. It's time for another
committee to get on it with Mr. McFarlane in the lead.
David Davidson, City of Sumas Administrator, stated the Council has a
recommendation regarding the Haul Road Extension from the Economic
Development Investment Board. The project is a $533,000 project to extend a
Whatcom County Council, 5/24/2005, 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.
road to open up some area zoned industrial. They've been working on the project
for 18 months. Many folks have collaborated on the project and have contributed
money. They will receive 58 percent of the total cost from other funding sources,
and are asking for 42 percent of the money from the County in the form of a grant.
The total request is for $225,000 as a grant.
They picked this project carefully, and tailor fit it to the program guidelines
the County Council established a few years ago. The guideline says to build
infrastructure that leads to job creation. That is what this project does. The
application includes estimates of the number of jobs that will be created. It
includes existing companies with known expansion plans. A total of 96 jobs will be
created in three years. It might lead to another 170 jobs over time. Sumas has
the highest proportion of people in the county that are low- and moderate - income.
It is a needy area. The existing companies will provide jobs to people in that area.
Confirm that this project makes sense to the County. He's going for another
application. He would like to be able to say the County supports the project.
PUBLIC HEARINGS
1. 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 opened the public hearing and the following people spoke:
Ken Ryan, 7098 Goodwin Road, Everson, stated he speaks for the entire Glen
Echo community. He acknowledged the Council's patience with this situation. It is
important not to rush to judgment. Consider details of the ordinance. The
community supports the original ordinance. Half mile buffers can be justified.
However, they understand the Council does not support it for existing uses.
Someone suggested allowing the existing facility a variance. His primary
concern is that they want the Health Code to be required equally to everyone.
Regulation should ensure this requirement. It is best to rely on a practical buffer.
He decided to look at the buffers from an engineer's standpoint. The buffers
are a tolerance specification. These specifications are built into an engineering
design, so the design runs well. They must consider the knowns, unknowns,
human element, and probability of outcome. If an engineer reduces the tolerance
for error, there must be more expectations on other parts of the design to follow
through. Some of the known issue to consider are choice of facility type, quality
construction, operation competency, and the specific airshed.
Whatcom County Council, 5/24/2005, 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.
Residents never wanted to keep a facility from operating as it functioned
historically. They have raised their families with the facilities. The facility has had
problems, but they are tolerant country people.
Greg Barlean, Hopewell Neighborhood Association, stated he lived most of his
life in the east side of Everson. He spent ten years recycling spent mushroom
substrate. In that time, he received a basic education in how the mushroom
industry works. When he found out his neighborhood would be sandwiched
between two large open air substrate production facilities, he became very involved
in this issue. He's talked to experts worldwide, and has developed a good working
knowledge of this industry. This isn't over for the association. They expect legal
action, even now.
He thanked the Council for being a part of this process. He has no objection
to the amendments that may happen tonight. He will speak again at the public
hearing in two weeks.
Hearing no one else, Fleetwood closed the public hearing.
Brenner moved to adopt the ordinance.
Brenner moved to strike language in the definition of expansion, section
20.15.020(3), "...effective date of this chapter or any eenstruetien, addition or the
enlargement that either expands the footprint er iinUeases the square feetage ef
the aetive area by n9er-e than 5416 er SOO square feet, whiehever- is ." The
Council's concern is with the noxious emissions, not the look of the facility or
potential expansion of the buildings. They don't have any dealing with the size of
the footprint or increase in square footage. The rest of the expansion definition is
not appropriate.
Motion carried unanimously.
Brenner moved to amend section 20.15.070 to insert a new item four, and
renumber the existing item four to item five:
"(4) Notwithstanding any other provisions in this ordinance or in Title 20,
on -farm mushroom substrate production facilities that are non-
conforming shall be eligible for a variance from buffer or setback
requirements if it can be demonstrated that such additional buffer or
setback is not required to mitigate adverse impacts on adjacent land
uses and if the criteria established in WCC 20.84.120 have been
satisfied.
{4� (5) The facility shall..."
They are all looking to prevent the kind of problems that they had with IMS
and the very noxious emissions from mega - production facilities. It was no one's
intention to pick on an existing facility or ever pick on agricultural operations.
Whatcom County Council, 5/24/2005, 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.
Mushroom substrate production is a manufacturing process. Any existing or future
mushroom farmer in Whatcom County can farm as many mushrooms as they want.
This regulation is merely about substrate production, not mushroom farming.
Allow a nominal expansion of the existing facility's ability to expand substrate
production, as long as it stays within the line of on -farm producers, not commercial
producers. However, don't allow it to expand too much. This is not a compromise.
It's a good substitute that allows all stakeholders to feel protected.
Crawford stated he supports the motion. These amendments will require
another public hearing in two weeks. He is concerned about the word variance. He
understands that a variance is a process ruled on by the Hearing Examiner. Some
of the intent of this is being written as an exemption, which is not a process. He
would like clarification on the intent within the next two weeks. It seems strange to
write in the zoning code that someone is eligible for a variance. If they allow a
variance, they must give the Hearing Examiner very specific regulations on what to
allow a variance.
Brenner stated this is not an exemption. Future on -farm facilities already
can obtain a variance of buffers and setbacks. Ostroms is a nonconforming use
because it doesn't meet the requirements of the new law. Nonconforming uses are
not automatically eligible for a variance. This allows them to go through the same
process that any future on -farm facility can go through.
Crawford stated the language is to allow Ostroms to go through the specific
variance process.
Nelson asked if Title 24 is regulated by the Health Department.
Brenner stated the variance process would go through the Hearing Examiner.
There is no administrative approval process.
McShane stated he is hesitant to adopt this ordinance in two weeks. He
suggested a friendly amendment to schedule a public hearing in four weeks,
and place the issue in the Planning and Development Committee in two weeks.
Review these for consistency with the current code. He needs clarification on how
the variance procedure would work in this situation.
Brenner accepted the friendly amendment.
Fleetwood asked if Planning or legal staff have reviewed the amendments.
Brenner stated she spoke with Planning staff, who is comfortable with the
amendment. A private attorney who used to be County legal counsel okayed the
amendment. She has no problem waiting.
Whatcom County Council, 5/24/2005, 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.
Brenner amended the friendly amendment. Have a public hearing in six
weeks.
Roy stated a variance is not an exemption. The applicant would have to
prove certain things to get the variance. She supports the motion. This item has
been before the Council for over a year. She thanked Councilmember Brenner for
working on this issue.
Motion to amend carried unanimously,
Motion to accept the amended version and have a public hearing in
six weeks carried unanimously.
2. 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 opened the public hearing and the following people spoke:
Mary Dickinson, Building Industry Association of Whatcom County
Governmental Affairs, submitted and read from information (on file). An individual
property owner can no longer live on the open reserve tract. That is a concern.
She is also disappointed that the number of allowed building lots was reduced from
16 to 10 without a detailed analysis. The 80 feet separation between lots will
seriously diminish the lot size and make creative stormwater and building design
techniques difficult. Define the term known cultural resources.' It's not defined
now.
Hearing no one else, Fleetwood closed the public hearing.
Brenner asked for staff to comment on the reserve tract. She has concerns
about the 80 foot separation between clusters. Regarding the reserve tract, she
understands that the number of building lots is the same, but they're clustered to
leave room for a reserve tract.
Amy Peterson, Planner II, stated the open space reserve area requirements
have always intended the reserve area to be a non - buildable open space area.
However, that intent was not clear, which spurred these amendments. A number of
changes were made to how an open space reserve tract is set aside. Instead of
setting aside a non - buildable open space reserve tract, one could do a reserve area
that could be a tract or a portion of a reserve tract that meets specific percentage
requirements. An easement could be dedicated to the Land Trust. One could still
develop any portion of the reserve area that is not permanently preserved. For
instance, if the lot is bigger than the required permanent open space area, a house
Whatcom County Council, 5/24/2005, 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.
could be put on the remainder. There is more flexibility than before in the
ordinance
Roy asked about the definition of cultural resources.
Dickinson stated there is no definition in Title 20.
Pederson stated the existing language in the Point Roberts special district
refers to known archaeological sites, which may have been clearer than known
cultural resource areas. That may be an alternative.
Roy moved to amend all sections of this code, known eult ral r-eseurees
archaeological sites"
Crawford stated there are known archaeological sites in the watershed
resource protection areas.
McShane stated those sites are proprietary. They only have a rough idea if
they are within a certain area. No maps are readily available of the exact sites, to
protect the sites.
Jeff Chalfant, Senior Planner, stated there is a data set from the Office of
Archaeology and Historic Preservation that gives staff that location information.
However, the information is not open to the public. A property owner can get that
information for their own property, but it's not open to the public.
Nelson stated the Lummi Nation has done extensive identification of sites in
the Lake Whatcom watershed and other areas. People generally don't know where
they are. Those sites are a big deal for forestry practices.
Motion to amend carried unanimously.
Crawford stated the Building Industry Association expressed a concern about
reducing the maximum number of lots from 16 to 10. He asked if someone could
do two clusters of ten lots together, if that person had the acreage, or if that person
is limited to ten lots. Pederson stated a person limits the number of lots in one
cluster. A person still has the right to develop at full density.
(Clerk's Note: End of tape one, side A.)
Crawford stated there is a cost savings for the property owner to cluster.
Brenner stated people will get the same number of buildable lots they would
have had without clustering, but there will be economic savings from clustering and
less impervious surface.
Crawford stated 80 feet is not a lot of distance.
Whatcom County Council, 5/24/2005, 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.
Nelson asked what can be done on a reserve tract, and if all the property
owners share the expense of the reserve tract. Pederson stated there are a
number of options for the reserve tract. The lot owners can own the reserve tract
jointly. The original property owner may own it, or ownership may be divided up
for the lot owners. The cluster reserve area is intended to meet the definition of
open space.
Nelson asked if the reserve area is one lot or divided among all the lots.
Pederson stated the reserve area is 50 percent of the parent parcel. The purpose is
to maintain open space for passive recreation, critical area protection, and resource
protection.
Nelson asked what happens when the property owners can't agree on what
to do with the reserve area. He asked if there is a mechanism to define what
happens. Pederson stated the open space reserve area is intended to meet the
definition of Whatcom County Code 20.97.275. She read the definition.
Brenner stated the ownership of the reserve tract will be decided when the
lots are developed. If one property owner doesn't like how it's used, the situation
will be addressed by covenants. The County won't be in the position of refereeing
arguments. The open space area can be either shared or owned by the parent
parcel. Pederson stated it can be done either way.
Brenner moved to adopt the ordinance as amended.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six.
Motion to approve Consent Agenda items one through six carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
UNIVERSITY FOR FOOD STAMP NUTRITION EDUCATION IN
WHATCOM COUNTY, IN THE AMOUNT OF $14,277.62 (AB2005 -218)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND SARGENT ENGINEERS, INC. FOR DESIGN OF INNIS CREEK ROAD
DRAINAGE AND FISH PASSAGE IMPROVEMENTS, IN THE AMOUNT OF
$46,791 (AB2005 -219)
Whatcom County Council, 5/24/2005, 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.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND DAVID EVANS & ASSOCIATES FOR THE HANNEGAN ROAD /SR
544 INTERSECTION IMPROVEMENT PROJECT, CRP #904002, IN THE
AMOUNT OF $19,843 (AB2005 -220)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
MITIGATION GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE MILITARY DEPARTMENT FOR THE JONES CREEK
ALLUVIAL FAN ACQUISITION PROJECT, IN THE AMOUNT IF $435,000
(AB2005 -221)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
CHANGE OF VENDOR TO WILSON MOTORS FOR THE PURCHASE OF 8
HYBRID SEDANS, IN THE AMOUNT OF $177,274.30 (AB2005 -222)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05-
25 FOR AN IBMA /400 MODEL I520 COMPUTER SYSTEM TO THE LOW
BIDDER, PACIFIC SOFTWARE ASSOCIATES, IN THE AMOUNT OF
$364,557.29 (AB2005 -223)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SEQUOIA VOTING
SYSTEMS, INC. FOR AN ELECTION TABULATION SYSTEM AND
ELECTRONIC VOTING DEVICES FOR PEOPLE WITH DISABILITIES, IN
THE AMOUNT OF $533,449.82 (AB2005 -230)
Nelson moved to approve the request.
Motion carried unanimously.
Crawford stated Auditor Shirley Forslof must be complimented on her work
with the community on this project. There was quite a concern among the
community. Citizens wanted to be part of the process to work on elections
equipment. They were facing substantial changes in technology. Out of that work
came a unanimous decision from the advisory committee and the Elections Division
staff on this purchase.
OTHER ITEMS
1. ORDINANCE AMENDING 2005 WHATCOM COUNTY BUDGET, REQUEST
#5 (AB2005 -211)
Nelson reported for the Finance and Administrative Services Committee and
moved to approve the ordinance.
Whatcom County Council, 5/24/2005, 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 carried unanimously.
2. REQUEST FOR FUNDING APPROVAL FOR 2060 REHABILITATION
PROJECTS (AB2005 -216)
Nelson reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried unanimously.
3. REPORT FROM THE WHATCOM COUNTY ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM ADVISORY BOARD (AB2005 -217)
Nelson reported for the Finance and Administrative Services Committee and
moved to accept the recommendations.
McShane moved to amend the funding for the Whatcom County, East
Whatcom Regional Resource Center:
"$400,000 200,000 (loan - Economic Development Investment (EDI) funds)
$200,000 400,000 (grant - EDI funds)
$400,000 (grant from the County portion of the rural sales tax fund)
The Council received supplemental information from the administration
today. The supplemental information more thoroughly defines the funding. The
Executive is comfortable with the change.
Crawford stated this Council has consistently support the center. Also, he
will defer to the Executive and Councilmember McShane since they both sit on the
EDI Board. His only concern is that they put a lot of stock in the EDI Board
recommendation. Make it a partial loan and partial grant, in line with the policies
they've adopted for EDI programs.
Brenner stated she thanks Dewey Desler and Pete Kremen for the work
they've done on this project. She also thanked the people in the East County who
have worked hard on this project. Should this come to fruition as she envisions, it
will bring the community together. Something like that has been missing in the
East County.
Motion to amend carried unanimously.
McShane stated he tried to reflect the wishes of the County Council when
serving on the EDI Board. He struggles with the City of Sumas proposal, but he will
support it. As the City builds up its industrial land and tax base, he hoped they
would consider a business and occupation (B &O) tax as a way to generate revenue
for the benefit of the citizens of the city.
Whatcom County Council, 5/24/2005, Page 10
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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.
Brenner stated the Council agreed in the past to fund road work for a private
development that was high quality and low impact. This particular development is
now touted as one of the best examples of low impact development for an industrial
site, which costs the developer much more than a traditional development. There
are lots of extra benefits. There are plenty of times the County should fund
infrastructure that may provide benefit to the local business, but also provides a
benefit to the public. The project from the City of Sumas is one of those projects.
Motion to accept the recommendations as amended carried
unanimously.
4. RESOLUTION DECLARING INTENT TO VACATE A PORTION OF
MOSQUITO LAKE ROAD (AB2005 -213)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution.
Motion carried unanimously.
S. RESOLUTION TO ADOPT THE WHATCOM COUNTY MULTI -
JURISDICTIONAL HAZARD MITIGATION PLAN (AB2005 -228)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution.
Motion carried unanimously.
McShane stated certain hazards were not named, and minor updates are
needed. The coal mines are in an area that has not been taken seriously, especially
how the City of Bellingham permits structures in the coal mine hazard area. He will
forward his comments to the Emergency Management Division.
Brenner stated this plan will be updated continuously. The Council is
approving a resolution, which has no force of law. The plan can be updated at any
time.
6. ORDINANCE DESIGNATING ALL VOTE -BY -MAIL ELECTIONS IN
WHATCOM COUNTY (AB2005 -212)
Nelson moved to adopt the ordinance.
Brenner stated Auditor Forslof provided the Council a good presentation
when this originally came up. She assumes nothing much has changed.
Shirley Forslof, Auditor, stated the Governor signed a bill to allow a vote -by-
mail election without changing the precincts much. There are 119 precincts that
will be kept. The political parties won't have to appoint any more precinct officers.
Whatcom County Council, 5/24/2005, Page 11
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Brenner stated she will vote for it, but she likes voting at the polls. Forslof
stated the vote -by -mail election means all the ballots will be treated the same.
There will be a paper trail of the ballots. The system is very accountable.
Fleetwood stated some citizens are concerned about the contractor, Sequoia.
Forslof stated the concerns are about open source software. No approved vendor in
the United States has open source software. It's all proprietary. Sequoia is a
dependable company. There will be paper ballots that are voted, counted, and can
be hand - counted. The touch screen machines have a voter - verified paper ballot.
Every voter will have the opportunity to verify that their ballot is counted.
Fleetwood asked if the advisory committee commented. Forslof stated it did.
The advisory committee looked at the request for proposals, were present for the
equipment demonstrations, and recommended the Sequoia system. Her staff also
believes it is the best system.
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
KIMMER GORDON TO THE WHATCOM COUNTY DEVELOPMENTAL
DISABILITIES BOARD (AB2005 -224)
Brenner moved to confirm the appointment.
Motion carried unanimously.
OTHER BUSINESS
DISCUSSION WITH THE ACME /VANZANDT FLOOD CONTROL SUB -ZONE
DISTRICT ADVISORY COMMITTEE REGARDING CONCERNS WITH WORK
BEING DONE ON THE NOOKSACK RIVER (AB2005 -083)
Nelson reported the Finance and Administrative Services Committee and
stated the committee recommends approval for the administration go forward with
a contract for grant writing of an application for Salmon Recovery Funding Boards
funds at a cost of $40,000.
Roy stated she talked to the flood sub -zone members, who have also been to
the Natural Resources Committee. Chris Hatch will present an update to the
Natural Resources Committee at its next meeting. He implied that there is an
agreement among the tribes, County, and sub -zone. Jeff Monsen indicated that is
correct. This request is to just start the process. A $2 million grant is available
that they need to start on.
Whatcom County Council, 5/24/2005, Page 12
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Brenner asked the time and location of the community meeting. Also, this
item should be more appropriately scheduled in the Public Works Committee. It's a
public works project. She got a different impression when she talked with Mr.
Hatch. They are not all accepting of it. She asked if the sub -zone, tribes, and Land
Trust all agree with the new design.
Jeff Monsen, Public Works Department Director, stated it's fair to say that
people are willing to move ahead with the project as it is being put together. This
preliminary design work and estimate will go a long way to finalize it. He can't say
there won't be people who object, but they are closer than ever to having true
support.
Brenner stated she is concerned about getting into something that not
everyone agrees on. Monsen stated it is a fair concern, but they need this grant
application and estimate for this project to move forward. If they don't receive the
Salmon Recovery Fund grant, the project is in trouble, no matter what it is.
Nelson moved to request that the administration move forward with
spending $40,000 to get the consultant in place for the grant application and
estimate.
Motion carried unanimously.
OTHER ITEMS
8. RESOLUTION AUTHORIZING RESTORATION AND RELOCATION OF
THE CENTENNIAL POLE (AB2005 -229)
Tim Ballew, Lummi Nation, stated he supports the resolution. They want to
restore the totem pole, located at the courthouse, bring it to the Lummi
reservation, and create a companion pole. The Tribal chairman supports the
restoration as well.
Nelson asked to where the pole will be moved.
Pete Kremen, County Executive, stated that location is not yet determined.
Brenner stated she thanked the Executive for suggesting seed money for the
project.
McShane moved to approve the resolution.
Motion carried unanimously.
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INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92.210,
HEARING EXAMINER, FINAL DECISIONS, TO CLARIFY PREVIOUSLY
ADOPTED LANGUAGE (AB2005 -215)
2. ORDINANCE TO REMOVE EXISTING SCHOOL ZONE ON GULF ROAD
(AB2005 -225) (HEARING TO BE SCHEDULED)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CRITICAL
AREAS ORDINANCE, WCC CHAPTER 16.16 — CRITICAL AREAS AND
ASSOCIATED PROVISIONS OF WCC TITLE 2, CHAPTER 2.33, AND
WCC TITLE 20 (AB2005 -226)
4. RESOLUTION APPROVING THE WRIA 1 WATERSHED MANAGEMENT
PLAN (AB2005 -227)
OTHER BUSINESS
Brenner stated a local company, McEvoy Oil, recently had an accident with
one of their trucks and did an exceptional clean up. No pollution got into the river.
She has documentation of what they did to clean up the accident. The company
has been fined by the Department of Ecology. She would like the Council to
support this local business with a letter of support, and say that the company is
being punished for something that was an accident that was cleaned up. Everyone
affected was compensated.
Crawford asked if they appealed the penalty.
Brenner stated the company filed an appeal. Council support for the appeal
wouldn't hurt. She would like a letter of support to go to the Ecology Director, the
Governor, and their local State legislators.
Nelson asked if there was an accident report from the State Patrol.
Brenner stated there is a letter from the oil company that says the call was
reported. The State Patrol thought they would be the number to call in an
emergency to get the Department of Ecology. They believe the call was recorded.
The information shows what the company went through to find out why what they
did was wrong.
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Fleetwood asked that the councilmembers review Councilmember Brenner's
packet of information and that Councilmember Brenner bring the letter forward
later for review.
Crawford stated he is skeptical. This is between the company and the
Department of Ecology. They have information from McEvoy, but it's tough for him
to get into.
Brenner stated they have documentation from the Department of Emergency
Management, also. She's just asking the Council to look at it.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Nelson stated he has concerns regarding mental health dollars. The
Governor approved $12 million for non - Medicaid eligible patients. It seems they
will not lose money for this region, which he's glad to report.
ADJOURN
The meeting adjourned at 8:30 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on June 21 , 2005.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Seth Fleetwood, Council Vice -Chair
Whatcom County Council, 5/24/2005, Page 15