HomeMy WebLinkAboutCouncil October 11 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
October 11, 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 regarding open
collective bargaining agreements (AB2005 -018) and discussion with the
Administration regarding a potential property acquisition (AB2005 -018) in
executive session during the Committee of the Whole meeting.
MINUTES CONSENT
McShane moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR SEPTEMBER 27, 2005
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 27, 2005
OPEN SESSION
The following people spoke:
Genevieve Aguilar, Seattle, American Civil Liberties Union of Washington,
stated she is opposed to vigilantes acting at the border as Minutemen. Potential
due process of individuals may be violated if individuals acting as vigilantes are
Whatcom County Council, 10/11/2005, 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.
trying to enforce federal immigration law. Federal immigration law should be
enforced by law enforcement officers who are trained to perform those duties and
who are required by the Constitution to respect those laws. There is much potential
for profiling by these individuals. They've seen President Bush say these individuals
are vigilantes and do not act under federal immigration laws. She asked the
Council to approve a resolution making a strong statement against the Minutemen
and their activities, against these vigilante activities, and in favor of a safe
environment for all individuals to have due process of law without harassment,
intimidation, or unlawful detention by the Minutemen.
David Conn, 1215 High Street, Bellingham, stated he asks the County
Council to approve the resolution opposed to vigilantes in Whatcom County. The
Bellingham City Council approved the resolution at its meeting last night. Countless
other cities, counties, and state legislative representatives from the Southwest have
approved the resolution. Even the President has shown the Minutemen for what
they are. The Minutemen entity may not be a threat, but they bring along splinter
groups that can cause a lot of trouble. They can lead to a resurgence of the militia
trouble in the 1990's.
Elizabeth Jennings, 510 E. Laurel, Bellingham, stated she encourages the
Council to approve a resolution opposing vigilante groups operating in Whatcom
County. This is a national and international issue. Show that Whatcom County
values individual human dignity and human rights.
Ian Morgan, 916 E. Maple, Bellingham, stated he represents the Anti - Racist
White Student Union at Western Washington University and the Whatcom County
Farm Worker Solidarity Committee. Support the resolution opposing the
Minutemen. They are organizing and mobilizing right now. Putting off a vote on
this resolution gives them more time to scare and possibly hurt people. Although
the Minutemen may not seem extreme, white supremacist splinter groups, which
have executed people, follow them wherever they go.
Magdeleno Rose - Avila, Northwest Immigrant Rights Project, submitted
testimony (on file, Exhibit A) and stated he is from a law firm that represents
immigrants throughout the state and all over the world. He speaks for a number of
organizations around the state and country that couldn't be here. They are
concerned about the actions of Minutemen. Many legislators have spoken out
against these vigilante groups. Almost everyone here except Native Americans
have historical roots in their immigrant past. Historically, vigilante groups went
after Irish, Italian, Polish, and German immigrants. America does not need this
vigilante group in its borders. People pay for the proper protection on their
borders. The press and some politicians have led them to believe that the borders
are insecure from terrorists and waves of immigrants. He would like to talk to the
Council in the future about immigration in the State of Washington. Immigration
and refugees are complex issues. The Canadians who are legal are afraid to come
across the border. Ethnic American citizens are afraid to come to this border
Whatcom County Council, 10/11/2005, 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.
because they don't know whether these people, of whom some are armed, would
injure them. They don't need this fear.
Paul de Armond, 1344 Humboldt Street, Bellingham, submitted testimony
(on file, Exhibit B) and stated this is the fifth outbreak in the last forty years. It
happens regularly every decade. He expects to see it again ten years from now.
Sheriff Elfo made an unfortunate misstep early in the process. Sheriff Elfo may
want to inform the Council in executive session at some point.
He spent last Sunday on the border. There is no militia activity up there.
There was one report of guys driving around in a pickup truck. The map drawn up
in the Seattle Times was bogus. They aren't there. He expects they will fizzle out
quickly. The Council's action will assist that somewhat. Consider the resolution
opposing vigilante groups at the border. Have as much of a debate as they need to
put together the wording the Council needs to achieve a unanimous vote. The
public organizing will eventually fail. Some of the people on the fringes of this
group will turn to criminal activity. If they are extremely unlucky, the Minutemen
will also have drawn some people who are committed to violent domestic terrorism,
just like they had ten years ago. If that's the case, he is confident the Federal
Bureau of Investigation (FBI) will be on top of things. These groups attract people
who tend to want to be cops. The FBI is willing to pay to have informants inside
the operation. When necessary, criminal prosecution will take place at the federal
level.
Maru Villalpando, Seattle, St. James Cathedral, stated she is a Latino
community member that works with Latino immigrants and refugees. Approve the
resolution regarding the Minutemen. The Minutemen are not doing a good job and
should not be doing this job. The people already have the Border Patrol. At the
Southern border, the job they did was against Latinos, specifically Mexicans. She
worked with and is one of those Latinos. She and the Latino community are afraid.
The Minutemen are a racist group. They won't stop people who look white. They
will stop people who look brown, have an accent, or unusual names. Please stop
these people.
Peter Brown, 1631 Dale Street, San Diego, California, stated he is a public
school teacher in San Diego. He works with school systems in southern Mexico.
The Minutemen is a very scary organization. The Council can make it clear that the
government and people of this country and who are responsible for maintaining
order do not support this type of thing. He's worked with immigrant families for
years. Outbreaks of this racist organization is frightening to those communities and
children. In this case, this organization has gotten much national and international
press. It's important that local people take a stand.
Mary Dickinson, Building Industry Association (BIA) of Whatcom County
Governmental Affairs Director, stated the Built Green trade show is Thursday at the
ferry terminal. If councilmembers choose to come, they will be invited guests of
the BIA.
Whatcom County Council, 10/11/2005, 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.
Dr. Susan Beattie, Clinical Psychologist, Battleground, Washington, asked the
Council to condemn this newest threat on the borders and to the foreign people
who are in real fear of this group. The Minutemen seem to be an attempt to
sanitize vigilantism, to give people a chance to arm themselves, and to be
threatening. A failure to act appears to be condoning, which is tacit approval of this
behavior. This is racism masked as patriotism. It is a way for racism to gain entry
to a mainstream agenda. It is simply not healthy.
Mary Dumas, 8415 Carl Road, Everson, stated silence regarding the
Minutemen sounds like permission. There are federal agency reports on cost to
communities due to organizations like the Minutemen and attached entities. When
they stand aside and say nothing, they condone the bully.
Charles Law, 1213 Whatcom Street, Bellingham, stated they are overlooking
the economic issue of the Minutemen. The labor force of migrant workers are
thinking of moving to Canada where they can get better guest worker benefits.
American guest worker benefits are very bad. This is very big economic issue. This
country needs this workforce. No other person will do work in the fields that farm
workers will do. Keep their labor force in this country. That is the reason the
President has made his statements.
Sharon Monteiro, Bellingham, submitted a petition opposing the Minutemen
Project (on file, Exhibit C), an article authored by Salim Jiwa (on file, Exhibit D) and
comments from Representative Rick Larsen (on file, Exhibit E). Approve the
resolution opposing Minutemen. The Bellingham City Council approved a resolution
last night, which the City of Blaine and City of Sumas will soon consider (on file,
Exhibit F). People who live on the border in Sumas have been upset because
they've seen people with flashlights wandering around their property at night. They
are concerned about splinter group vigilantes. The Minutemen have stated they will
do static patrols at set locations. Therefore, the people who are wandering around
private property in Sumas are not affiliated with the Minutemen. Last week, there
was a large pickup downtown across from the peace vigil. The truck had a metal
confederate flag with an eagle in the middle, dark tinted windows, search lights and
racks. The truck was from Montana, which has a very active militia. She doesn't
know if the owner of the truck is drawn to this area because of the Minutemen
activities. The Minutemen have assaulted the Lummi Nation in a room full of
County, federal, and city law enforcement. The Minutemen stated three times that
the Lummi Nation invited the Minutemen to camp and train at Stommish. That isn't
true. The person who invited them was not a tribal member. Approve the
resolution.
David Robison, 3954 Byron Avenue, stated he is concerned about the
Minutemen. The County Council should say how it feels about the group being in
the community. He is the local group coordinator for Amnesty International.
Amnesty International's western regional office is very concerned about the
Minutemen. If one of the largest human rights groups in the world can see the
Whatcom County Council, 10/11/2005, 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.
danger in the Minutemen, he hoped the community can see that danger also. He
would appreciate a resolution against the Minutemen.
Caskey- Schreiber stated Mr. Robison used to be one of her employees at
Western Washington University. He was a fine employee.
Dennis Jones, 122 Sudden Valley Drive East, stated 2,400 homes have been
built in Sudden Valley. There are 476 homes in the permit process. There are 521
still open. Interceptor one saved Lake Whatcom County during the December 14
flood. He thanked Water District 10. That interceptor and the second sewer line
allowed for growth now platted for 3,470 homes. That's 330 beyond the
Comprehensive Plan and Sudden Valley's own objectives. Look for alternative ways
to fund the down - platting of those 330 lots. They don't have the money to buy 330
lots. There are ways to do it. Since 1992 and 1988, the vision of that watershed
being a sustainable model for forestry, housing, and recreation has been out there.
Fund that vision. Establish a parks and recreation or greenway district out there. A
levy would pass.
Debbie Covert - Bowlds, 5967 Abbey Road, Ferndale, stated she opposes the
Minutemen. It is a black mark on the county. This is also a statewide issue. She is
part of the Coalition for Professional Law and Border Enforcement. The law should
be kept in the hands of the professionals, not vigilantes. She also represents Christ
the Servant Lutheran Church. The church council passed its own resolution. The
church's executive board in Seattle also passed a resolution supporting her church's
efforts to oppose the Minutemen activity. The Washington Association of Churches
board is taking up this issue at its next meeting. The Lutheran Public Policy Office
supports their resolution also. This is an important issue to the state of
Washington. Approve the resolution opposing the Minutemen. It is also important
for tourism. She opposes Minutemen activities.
Steven Schuck, 1213 Whatcom Avenue, Bellingham, submitted and read
from his testimony (on file). Government is and should be answerable to the
voters. Self- appointed police forces not accountable to the voters is undemocratic,
anti - American, and immoral. There are increased hazards and negative effects.
Take action to protect the safety of him and his friends and the reputation of
Whatcom County from these uncontrolled and lethally armed people.
Rosalinda Guillen, 1800 - 20th Street, Bellingham, stated she believes in the
public process to deal with issues in the community. She is opposed to the
Minutemen project. According to the media, Minuteman Richard Humphries said
that the problem is the number of illegal immigrant and that the United States is
becoming too diverse and losing its core culture. Another official spokesperson for
the Minutemen Project based in Arizona said Canada has lax laws that allow people
from Middle Eastern countries to live there, and someone from the Middle East
might belong to a Middle East terror cell. A flyer for a Minutemen rally in Oregon
says that they are heroes and Oregon State is aiding and abetting illegal aliens by
providing welfare, healthcare, and housing. These people are calling themselves
Whatcom County Council, 10/11/2005, 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.
heroes. They are coming into Whatcom County and guarding against the Latinos in
the community. They are the targets of the Minutemen Project. Approve the
resolution opposing the Minutemen Project and other border militias. See that the
border officials and law enforcement do their jobs properly. Immigrant citizens will
help the county secure its borders in any way necessary, but not this way. These
are not heroes. They are people taking their law into their own hands.
Joe Deeny, 2104 Wilson Avenue, Bellingham, asked the Council to approve
the resolution opposing the Minutemen in Whatcom County. Encourage the Sheriff
to look seriously at these folks. He is a member of the Whatcom County Human
Rights Task Force. The Minutemen remind him of the militia that was here in the
1990's. Take this very seriously. These are armed people running their own show
on the citizens' lands. They are an anti - immigrant group. Their comments have
been blatantly racist. There are criminal elements in their group. They encourage
criminal elements. He believes one of the fellows profiled in the Bellingham Herald
may be a convicted felon. Their actions, even if they are within the law, incite
extremists who follow them. They will raise the danger level in this county. There
is danger from people carrying weapons after dark in rural areas. These people will
not be able to tell who are citizens of the United States. Show strong support for
all Whatcom County, including immigrants and law enforcement.
Alfred Dale, 741 Chuckanut, Bellingham, stated problem is not new. This
issue has been exacerbated by the North American Free Trade Agreement ( NAFTA).
When NAFTA was passed, many farmers were forced off the land. Many farmers
have illegally immigrated into the United States. NAFTA has given Whatcom
County more jobs from Canada.
(Clerk's Note: End of tape one, side A.)
Ricardo Sanchez, local business owner, stated the Council needs to approve a
resolution opposing Minutemen. His business and the entire county will hurt.
There are many people in this county who come from countries where they were
not welcome. People who live here legally are afraid. Jobs will be lost.
Pete Kremen, County Executive, stated he invites the Council and public to
an unveiling of a memorial for an individual who resided in this community. Cpl.
Jonathan J. Santos is Whatcom County's first casualty in the global war on
terrorism. The ceremony will take place on Friday at noon at the south entrance of
the Courthouse.
David Hunter, Bellingham, stated he agrees with the remarks made tonight
and encourages the Council to approve the resolution opposing Minutemen.
He proposes to amend Whatcom County Code (WCC) 15.04.060 regarding
building permits (on file). His proposed ordinance would consider limiting the
building permits in rural Whatcom County, consistent with the population projects
in rural Whatcom County. The ordinance includes rural Whatcom County, not the
Whatcom County Council, 10/11/2005, 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.
urban growth areas (UGA's), but does include Sudden Valley and Point Roberts. His
proposed ordinance would allow only 59 building permits for single family
residences in rural Whatcom County each year. The ordinance is based on the
population growth projection from 2002 to 2022, divided by 20 years. His number
is based on 2.4, which is the current estimate of about how many people live in
each single family residence, on average, in rural Whatcom County. The final
number is the number of building permits that accommodate the population
projection year by year.
In the best of all worlds, this would be an emergency ordinance and then
sent to the Planning Commission. The records in Whatcom County suggest that
development in rural Whatcom County is occurring at a much higher rate than they
want and than they have anticipated. That creates problems for the County. It
makes it difficult for the County to finance the roads and keep up with levels of
service. It creates pressure for farmers to have water available. It creates
pressure on farmland specifically. It undermines their commitment to a rural
Whatcom County by creating a suburban rural area. He asked the Council to act on
it as briskly as possible.
John Lesow, 317 Madrona Place, Point Roberts, stated he approves of David
Hunter's request and encourages the Council to act on it. Anyone who wishes to go
onto the Whatcom County Planning Commission website will see that most of the
Planning Commission's considerations since April have been about growth. The
idea of growth phasing was raised in April and formalized in July by members of the
King Mountain group. It's appropriate for two reasons. First, there are 13 goals in
the Growth Management Act. Goal it concerns citizen participation. Growth is the
predominant subject for the citizens. The Revised Code of Washington (RCW) says
that the Comprehensive Plan should provide for innovative land use management
techniques. Mr. Hunter's proposal qualifies as that. Consider it.
John Belisle, 231 Ten Mile Road, Lynden, stated they need to do more to
control growth. He supports Mr. Hunter's proposal. Soon there won't be any more
farms in the county. Whatcom County is like many special places in this country.
All the rules they lived with ten years ago are out the window because the people
are coming. Now, they don't have controls for levels of service for parks, roads,
and schools. He is not willing to fund the level of services they need for the growth
that is coming to this county. As long as they are not willing to pay for it, they
must control the growth.
John Steensma, 9295 Axling Road, Lynden, stated he is a farmer. He feels
the pressure of urban sprawl. It affects the land prices around him. Just last
spring, they spent many hours debating population projections. If they don't stick
by it, all their plans will go out the window. He supports Mr. Hunter's proposal.
SPECIAL PRESENTATION
Whatcom County Council, 10/11/2005, 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.
1. SPECIAL PRESENTATION BY ROB POCHERT, EXECUTIVE DIRECTOR
OF THE BELLINGHAM - WHATCOM ECONOMIC DEVELOPMENT COUNCIL
(AB2005 -017)
Rob Pochert, Bellingham - Whatcom Economic Development Council (EDC)
Executive Director, submitted information (on file, Exhibit H). There are 16 active
business expansion and business relocation projects in Whatcom County. Eleven of
the 16 are existing Whatcom County companies. The other five are out -of -area
companies planning to relocate to Whatcom County. There are four other potential
projects coming this way.
Two years ago, when he came to Whatcom County, the EDC didn't have any
projects or clients in the pipeline. In the economic development industry, projects
"in the pipeline" are projects that are underway. Projects on this list are real
projects. At the end of September, there was over $131 million worth of potential
projects in the pipeline, representing over 500 new jobs and working to retain over
600 additional jobs in the county. They are manufacturing, good - paying jobs.
Whatcom County has done a good job of creating jobs, but not high - paying jobs.
The Regional Economic Development Plan for the EDC is a draft. He's asking
government and business leaders in the community to review and comment on the
draft. He needs good feedback on what is good, bad, and what must be included.
It will be their guide for conducting economic development. The emphasis will
remain primarily on existing businesses and secondarily on attracting new
businesses.
Brenner stated she would like to know more about the 16 potential projects.
Pochert stated there are strict confidentiality rules. He provides information
generally about what the EDC is accomplishing. It's difficult to indicate what they
are working on exactly without revealing the companies.
Brenner stated that is a problem for her. This information doesn't tell her
anything.
Nelson asked if the feedback needed from the Council on the development
plan should be about legislative gaps that need to be filled to enhance higher
paying jobs in the community. Pochert stated the plan is to identify activities the
EDC should engage in to accomplish the goal of higher paying jobs. There are
some implementation strategies and a draft work plan for five years.
Fleetwood asked for a comparison between this document and the
Community Economic Development Strategy (CEDS). Pochert stated this document
has an implementation strategy that is organization- specific. The CEDS had broad,
general topics. The CEDS did not include an implementation strategy. This
document is focused on the EDC.
Whatcom County Council, 10/11/2005, 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.
PUBLIC HEARINGS
1. RESOLUTION TO SELL SURPLUS PROPERTY BY AUCTION, REQ. #02-
05 (AB2005 -375A)
Jeff Monsen, Public Works Director, stated this resolution involves three
parcels. The Mosquito Lake Road property should be removed from the resolution.
He submitted a revised version of the resolution.
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
McShane moved to approve the substitute resolution.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ.
#2005 -01 (AB2005 -376A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ.
#2005 -02 (AB2005 -377A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ. #2005 -04 (AB2005 -379A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
Whatcom County Council, 10/11/2005, 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.
S. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ. #2005 -05 (AB2005 -380A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ. #2005 -06 (AB2005 -381A)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
7. RESOLUTION TO SURPLUS COUNTY -OWNED PROPERTY FOR
REVERSION TO NORTH WEST INDUSTRIES (NWI), REQ. #2005 -07
(AB2005 -382A)
Caskey- Schreiber opened the public hearing and the following people spoke:
Tom Jessup, North West Industries Treasurer, stated his company is a pre-
vocational workshop providing training and employment for developmentally
disabled citizens. Legal counsel has reviewed and approved the resolution. He
asked the Council to approve the resolution.
Susan Jewell, ARC of Whatcom County, stated she provided her remarks
earlier (on file). She read her remarks into the public record. Approve the
resolution.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to approve the resolution. If anything happens to North
West Industries, that property will always be used for persons in Whatcom County
with developmental disabilities.
Motion carried unanimously.
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.80.735 TO
IMPOSE A SEASONAL CLEARING ACTIVITY RESTRICTION WITHIN
THE LAKE WHATCOM AND LAKE SAMISH WATER RESOURCE SPECIAL
Whatcom County Council, 10/11/2005, Page 10
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MANAGEMENT AREAS BETWEEN SEPTEMBER 1 AND APRIL 30
(AB2005 -125B)
Caskey- Schreiber opened the public hearing and the following person spoke:
Gary Reid, Building Industry Association (BIA) of Whatcom County, stated
the BIA members represent 500 businesses and 4,000 employees. They are
opposed to eliminating the point system for the Lake Whatcom watershed. Also,
allow the October 1 end date. Executive Kremen's appointed committee that
created the point system looked at rainfall by months. They did not include
September as a month for no earth - moving because the average rainfall is 1.9
inches. There is a low risk that a major amount of rain would fall in September.
The staff report says the seasonal clearing ordinance would not have a
significant impact on the distribution of population or employment. The building
industry has not felt the long -term effect of this ordinance since most permits
issued this year still fall under the point system.
Major soil disturbances occur during a five -day period of home construction.
Two days are for excavation and three days are for backfilling and doing utility
work. With the present best management practices (BMP's), the effects are
minimized. This ordinance doesn't recognize soil types, slopes, and distances to
wetlands and bodies of water. The impact of these five days is the only benefit of
this ordinance. The ordinance doesn't allow flexibility for any special circumstance.
This ordinance has cost impacts. People would have to purchase by February
7t" to complete construction by the end of September. If that deadline is missed,
there will be a fifteen month delay in construction. That results in a $10,000
increase in the price of the house. Builders can lose their loans if they miss the
deadline. Loans are for six months and have provisions for continuous
construction. Builders have to hire more men to get the work done during the
season, and then fire them when there is no work from September to May. The
building industry is 12 percent of the economy in the county. There are even more
associated businesses. Eliminating housing will affect the taxes collected and will
impact government budgets. Higher prices will change the demographics in the
community. Only the wealthy will be able to purchase homes in the county. Don't
eliminate the point system. Allow the October 1 deadline.
Hearing no one else, Caskey- Schreiber closed the public hearing.
McShane moved to adopt the ordinance.
Brenner asked if someone can get a grading or clearing permit ahead of time
or only apply for it after that date. There will be a backlog at the Planning
Department if people can't even apply for their permit until that date.
Whatcom County Council, 10/11/2005, Page 11
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Kurt Baumgarten, Planner I, stated a person can apply any time for the
permit. The permit will go through the normal review process, and then will be on
hold until May 1. The permit applicant will be notified when the permit is ready for
issuance on May 1. Planning staff will make sure there is no delay.
Brenner moved to amend the ordinance to change the end date from
September 1 to October 1.
Caskey- Schreiber stated the Council has had a lot of discussion on the reason
for the September 1 end date. She's comfortable with those reasons. The
vegetation needs that time to establish roots before the rain comes.
Motion to amend failed 4 -3 with Nelson, Brenner, and Crawford in
favor.
Caskey- Schreiber restated the motion to adopt the ordinance with the
recommended amendments discussed in the memo from Amy de Vera Pederson
and Hal Hart to the County Council dated October 3, 2005 regarding the
Amendments to WCC 20.80.735(2)(e) - Seasonal Clearing Activity Limitations.
McShane stated there was cleanup of the exemption language to avoid some
unintended consequences.
Motion carried 5 -2 with Nelson and Crawford opposed.
9. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING, TO LIMIT THE USE OF LIMB - PROPELLED
FLOTATION DEVICES ON THE SOUTH FORK OF THE NOOKSACK RIVER
FROM JUNE 1 THROUGH OCTOBER 31 (AB2005 -173A)
Caskey- Schreiber stated that since the State Environmental Policy Act (SEPA)
determination has not been completed, the Council will not take action on the
ordinance tonight. The Council will continue with the public hearing.
Caskey- Schreiber opened the public hearing and the following people spoke:
Steve Seymour, 3725 Dana Street, Bellingham, stated he's worked with the
State Department of Fish and Wildlife for 30 years and has worked with the County
Council on this issue. They have completed the spawning ground work this last
year. It looks like the South Fork Spring Chinook numbers are the lowest in
history. There are about 130 fish. There are several reasons to consider this
closure. One reason is the strength of the fish population. Second, a lot of work is
planned on that reach of the south fork for the next few summers. It's probably
not appropriate for people to float through those areas, given the opportunity to get
hung up in the debris. Third, they are beginning a brood stock program this
coming summer. It's important to not have the public floating through that area.
Whatcom County Council, 10/11/2005, Page 12
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They need quiet, protected waters. There are three good reasons to support this
closure.
Randy Kinley, Lummi Nation, stated he commends the Council for moving
forward on this hard decision. He also commends the Executive for stepping
forward to help recover the fish for future generations. All benefit from this
decision.
Hearing no one else, Caskey- Schreiber closed the public hearing.
McShane stated that the SEPA determination will be forwarded to Steve
Seymour and Randy Kinley. It would be good for them to look at the determination
in case there is a problem with the determination. They are very knowledgeable on
this issue and are on record as supporting in this ordinance.
Brenner asked that the public record be kept open. She's surprised there
aren't more people here. The Council has worked hard with the community.
Several times, people who live on that part of the river have asked when this
hearing will be.
Nelson asked about whether kayaks would be excluded from the ban.
Caskey- Schreiber stated kayaks are not limb- propelled. If the vessel is
propelled by kayaks, it is fine.
Nelson asked if anything propelled with a paddle is fine.
Roy stated they did include rafts. The ban includes limb- propelled floatation
devices and rafts. One could paddle with a raft. A kayak is not a limb- propelled
floatation device or a raft.
Nelson stated some kayaks are okay, but inflatable kayaks, which are used
for river rafting are not okay. Inflatable kayaks are becoming more popular. They
are easier to haul. He understands the intention for banning cheap rubber rafts.
He asked if his inflatable raft would be considered a rubber raft. However, its
function is the same as a rubber raft.
(Clerk's Note: End of tape one, side 8.)
Royce Buckingham, Senior Civil Deputy Prosecutor, stated this is more of a
policy question than a legal question of definitions. He can't answer whether or not
the Council wants to ban rubber rafts in addition to limb- propelled floatation
devices, which are the ones that are uniquely harmful to salmon. Those are the
ones the County can ban, most defensively. It will be more difficult to ban rubber
rafts and kayaks. The intent to also ban rafts was to keep people from simply
switching from inner tubes to rubber rafts and creating the same problem. It is a
Whatcom County Council, 10/11/2005, Page 13
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policy decision. Legally, it is more defensible to just ban limb- propelled floatation
devices.
Nelson stated he agreed.
Brenner stated rubber rafts are banned in this ordinance. The ordinance is
clear in specifying watercraft designed for use with oars or a paddle. That is the
difference. A rubber raft designed for use with a paddle, including Councilmember
Nelson's rubber kayak, is not included. If a rubber raft is not designed for use with
a paddle, it is included in the ban.
Roy stated the intent is to ban inner tubes and rafts when people are
jumping around and splashing. The enforcement people aren't going to stop people
who are paddling down the river and using it like a kayak. It's the activity that is
disruptive to the fish.
Brenner stated she has no problem. She will tweak the language in the next
couple of weeks to come up with a better definition.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through four. Staff withdrew
Consent Agenda item five.
Motion to approve Consent Agenda items one through five carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
WILDLIFE RESCUE AND REHABILITATION, INC. FOR THE OPERATION
OF A PUBLIC WILDLIFE REHABILITATION FACILITY (AB2005 -386)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND
PARAMETRIX, INC. TO COVER ADDITIONAL WORK RELATED TO THE
ADOPTION PROCESS OF THE SHORELINE MASTER PROGRAM, IN THE
AMOUNT OF $123,820, FOR A TOTAL AMENDED AMOUNT OF $486,820
(AB2005 -387)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ART ANDERSON
ASSOCIATES TO PROVIDE MARINE ENGINEERING AND FERRY
SYSTEM PLANNING, DESIGN AND DESIGN OVERSIGHT FOR LUMMI
ISLAND FERRY SYSTEM TERMINAL FACILITY CAPITAL
IMPROVEMENTS, IN THE AMOUNT OF $393,000 (AB2005 -388)
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4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND RE SOURCES
PROVIDING COMMUNITY EVENT RECYCLING OPPORTUNITIES FOR
USED BEVERAGE CONTAINERS, IN THE AMOUNT OF $18,385
(AB2005 -389)
S. RESOLUTION TO SET HEARING TO SELL SURPLUS PROPERTY BY
AUCTION, REQ. #03 -05 (AB2005 -390)
OTHER ITEMS
1. RESOLUTION TO SET A HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQ. #2005 -03 (AB2005 -378)
Nelson reported for the Finance and Administrative Services Committee. He
stated that he wanted to withdraw the resolution. He had discussions with
Treasurer Cory, who suggested that monies due on this parcel were already paid by
the County. There was an assessment by the City of Blaine that the County paid.
There are no monies in arrears on this property. He moved to request that the
administration contact the City of Blaine to see if they would be interested in
receiving for free a donation from the County to be maintained in public trust in
perpetuity for shoreline protection.
Crawford stated he supports the motion. He is concerned about the
nonbuildable clause in this resolution. The motion gets the Council away from that
issue completely.
McShane stated he commends the committee for taking this on and revisiting
the precedent of tidelands in Washington State. It is a small piece of land, but it
sets a good precedent.
Motion carried unanimously.
2. ORDINANCE AMENDING THE WHATCOM COUNTY HOME RULE
CHARTER TO CORRECT SCRIVENER'S ERRORS AND CLARIFY THE
EFFECTIVE DATE OF ADOPTED ORDINANCES (AB2005 -365)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND
REUSE WORKS TO FACILITATE A REDUCTION IN THE VOLUME OF
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WHITE GOODS IN THE WASTE STREAM AND SUBSEQUENT
REFURBISHMENT OF THOSE ITEMS FOR REUSE, IN THE AMOUNT OF
$25,000 (AB2005 -350)
Brenner reported for the Public Works and Safety Committee and moved to
approve the request.
Crawford stated he's the one who asked that this request be more closely
looked at because private sector brought up that there may not be a need for it.
Mr. Jager worked with and recruited agreements from the private sector providers.
This is a budgeted item.
Nelson stated there was a concern about disposal of hazardous materials
such as refrigerant.
Brenner stated the committee did not discuss that issue. However, they use
what they can use, and recycle the rest through the hazardous waste stream.
Motion carried unanimously.
COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO TRANSPORTATION IMPACT FEE BACKGROUND
INFORMATION (AB2005 -084C)
Fleetwood reported for the Planning and Development Committee and
moved to forward to concurrency.
Brenner stated the findings make it sound as if there are no service
deficiencies on County roads that must be eliminated. The County Road Engineer
was interviewed and said in the Bellingham Herald that the situation in Birch Bay
has gotten so bad that County officials have discussed the possibility of halting all
development until new roads go in. Planning staff have told her that Birch Bay is
the most appropriate location in the county for a moratorium, if a moratorium were
needed anywhere. There are flaws with the calculations. She moved to amend
finding 13, "...be eliminated at the current time. But the current level of service
analysis method is not efficient enough in all cases and will be improved." They
said it was going to happen. It is certainly a finding of fact. This finding implies
something so different from what they all believe is true. Don't let it stay there
without the amendment.
Jeff Monsen, Public Works Director, stated there is a difference between
current level of service compared to predicted level of service issues. In Birch Bay,
they are at the point when they will begin to experience level of service issues.
Therefore, staff supports impact fees as one tool to get ahead of future impacts to
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level of service. That does not mean there is a fatal issue at this moment. The
problem is imminent.
McShane asked if the County can't charge impact fees to make a road better
if a road is currently measured, by any method, and found deficient. Monsen
stated revenue would be generated from impact fees to deal with transportation
issues because a development generates additional traffic. A deficiency may be a
safety deficiency, but normally leads to a capacity issue.
Regarding Mr. Rutan's comments to the Bellingham Herald, the issue there
was in terms of concurrency. Development can't be approved if there is a
substandard level of service set. That isn't about whether or not a moratorium
should occur. It recognizes that approvals can't proceed without addressing the
predicted problems according to concurrency and growth management.
Brenner stated it's very likely, if they calculate level of service by wait time,
some roads would be considered deficient. The County doesn't use wait time to
measure level of service. The way they are doing it is not efficient enough in all
cases. Monsen stated he agrees there are different ways to measure level of
service. The method used through the Comprehensive Planning process is volume -
to- capacity. In almost every case, the first place they will experience a capacity
issue is at an intersection, not the length of road between intersections. A left turn
becomes a problem for a portion of the day. That said, the threshold of a volume -
to- capacity level of service issue triggers the notion of concurrency.
Roy stated no one on the Council is more interested in traffic impact fees
than her. She supports this ordinance. She doesn't support the amendment. The
amendment doesn't fit with the intention of this ordinance. She agrees there are
different ways of measuring level of service, but she doesn't know which method is
appropriate. She's a little uncomfortable saying there are no deficiencies in the
county. However, she's willing to say that is a point where they need to start so
the County can start to collect impact fees. Currently the County doesn't charge
impact fees, but if people plan to build hundreds of homes in an area, the County
will have impact fees. People need to chip in.
Brenner stated her amendment doesn't prevent that. It just gives the
County the bottom line to start with. They will get the same amount and
percentage of impact fee.
Caskey- Schreiber stated that if the County identifies a current level of service
problem, it will have less opportunity to charge impact fees for that problem. The
developer will claim the condition as an existing problem.
Brenner stated that's not how impact fees work. It's based on an
incremental percentage. If they start with the premise that there is no deficiency,
there would still be an incremental fee. The motion only clarifies that some of the
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councilmembers are not comfortable with the statement that there are no
deficiencies.
Motion to amend failed 1 -6 with Brenner in favor.
Nelson stated Councilmember Brenner raises a significant point. He asked if
there is an effect of not having this finding. Monsen stated he doesn't have that
information.
McShane stated the statement triggered a lot of conversation. The
Comprehensive Plan measures level of service through volume -to- capacity. They
may want to amend the Comprehensive Plan for some areas of the county,
especially stand -alone urban growth areas. They have a rural way of measuring
level of service, but there is a different scenario occurring in some locations.
Someone could propose a Comprehensive Plan amendment.
Brenner stated she agrees with Councilmember McShane. This amendment
would lay that groundwork.
Motion to send to currency carried 6 -1 with Brenner opposed.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
McShane withdrew Introduction Item one. Also, add the addendum
Introduction Item six.
Caskey- Schreiber stated Introduction Item three is also withdrawn.
Motion carried unanimously.
1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQ. #2005 -03 (AB2005 -378A)
2. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
REQUEST #10, IN THE AMOUNT OF $200,170 (AB2005 -391)
3. RESOLUTION TO SELL SURPLUS PROPERTY BY AUCTION, REQ. #03-
05 (AB2005 -390A)
4. ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A
WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE AND THE RIGHT, PRIVILEGE, AND AUTHORITY
THEREUNDER TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT,
ATTACH, CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE,
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OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG,
ACROSS AND THROUGH THE FRANCHISE AREA TO PROVIDE FOR THE
TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY
FOR POWER, HEAT, AND LIGHT, AND ANY OTHER PURPOSES FOR
WHICH ELECTRICAL ENERGY MAY BE USED (AB2005 -392)
S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
CODE, TITLE 20, TO CLARIFY EXISTING CODE LANGUAGE (AB2005-
393)
ADDENDUM:
6. ORDINANCE IMPOSING INTERIM MORATORIUM ON ACCEPTANCE OF
NEW APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE
WHATCOM WATERSHED (AB2005 -187A)
OTHER BUSINESS
McShane stated the Planning and Development Committee discussed the
Chuckanut area designated as a limited area of more intense rural development
( LAMIRD). The Council voted to send the ordinance amending the official
Whatcom County Comprehensive Plan map and the Whatcom County
zoning map from Suburban Enclave /RR2 to Public Recreation /ROS for
approximately 47 acres within the Chuckanut -Lake Samish Subarea
(AB2005 -084A) to the concurrency hearing. Revisit the item, given the Growth
Management Hearings Board decision. Also, the Toad Lake LAMIRD is in process.
Review those two LAMIRD's based on the LAMIRD guidelines. One option is to
carry it over into 2006.
Brenner stated councilmembers should attend the low impact development
workshop held by the Building Industry Association and Sustainable Connections.
Those two groups together are an interesting combination. Different workshops will
be held throughout the day.
Roy stated the Council may want to talk about the proposals from David
Hunter.
Fleetwood stated he would schedule the item in the Planning Committee.
McShane stated Dan Warner also put forward a proposal.
Brenner stated a similar proposal was put in place in Mount Pleasant, South
Carolina. Look at that one also.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
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There were no reports or other items.
ADJOURN
The meeting adjourned at 9:07 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on November 9 , 2005.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 10/11/2005, Page 20