HomeMy WebLinkAboutCouncil August 10 20041
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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
August 10, 2004
Council Chair Dan McShane called the meeting to order at 7:06 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
Sam Crawford
McShane announced there was discussion with Senior Deputy
Prosecutor Daniel Gibson regarding a pending condemnation issue
(AB2004 -018) during the Committee of the Whole meeting regarding the
widening the Austin Creek bridge. The Council approved the condemnation
procedure.
McShane also announced there was discussion regarding pending
litigation (Thousand Friends of Washington and Pro Whatcom) (AB2004-
018) in executive session during the Committee of the Whole meeting.
SPECIAL PRESENTATION
PRESENTATION BY ALCOA INTALCO WORKS (AB2004 -017)
Mike Russo, Alcoa Intalco, thanked the County Council and County Executive
Pete Kremen for their support over the last year. They wouldn't be operating today
without the County's help. He is new to the community, and is looking forward to
being part of the community they live in. BPA will have public hearings in Seattle
on August 17, 2004. He asked for the Council's continued support. He hopes the
Bonneville Power Administration (BPA) will allocate a fair share of power to BP.
BPA will finalize its decision by December 2004. It's important for the community
to be heard.
Whatcom County Council, 8/10/2004, 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.
He presented a check to Executive Kremen and Whatcom County from the
remaining BPA funds for $160,000.
Pete Kremen, County Executive, thanked Intalco for its generosity, and
expressed his gratitude and appreciation. Whatcom County, along with many
others, persevered and did whatever they could to enable Intalco to remain a
thriving business in the community. They have been successful so far. The fight is
not over yet. Intalco has a long history of being excellent corporate citizens to this
community by providing many needed high - paying jobs with excellent benefits and
giving to the community for many decades. He will continue to do whatever he can
to the betterment and security of Intalco.
Nelson asked the administration to bring forward a resolution supporting
Intalco, regarding the key points expressed by Executive Kremen. Kremen stated it
would be beneficial to Intalco and Whatcom County as a whole. He submitted a
news release (on file) about how the money will be spent in the community. The
money will be well -spent and enhance the community.
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, stated he has dropped out of the Pro -
Whatcom organization, even though he supports their goals, because this County
needs to find the things they can do and get people to budget properly. He
thanked Councilmembers Fleetwood and McShane for working on the Boats Off
issue.
Victoria Mallahan, real estate agent representing Dean and Rosemary Francis
at 5328 Canvasback Loop, Blaine, read a letter in to the record (on file) regarding
their property at Semiahmoo. They are concerned over a proposed change in
setbacks from 75 feet to 150 feet.
Greg Barlean, Hopewell Neighborhood Association, submitted information (on
file). The solid waste lawsuit could have been handled better by the County. He is
afraid because the replacement ordinance that is being introduced tonight needs to
be handled differently than the solid waste suit. The people they're dealing with
are determined, professional, and have money. The potential loss for this county is
huge, if one of these things is built in the county. Spending $10,000 to $30,000 to
make sure the ordinance the Health Department is putting forward is small change
compared to the millions it will cost down the road. An outdoor substrate
production facility using the Ostrom technology is very unacceptable. They must be
stopped because it will cost this county millions if these facilities are built. Make
sure the proposed ordinance cannot be defeated.
Whatcom County Council, 8/10/2004, 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.
PUBLIC HEARINGS
1. ORDINANCE ADOPTING AMENDMENTS TO SECTIONS OF THE
WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) CHAPTER 20.10,
COMPREHENSIVE PLAN AMENDMENTS, CHAPTER 20.71 WATER
RESOURCES PROTECTION OVERLAY DISTRICT, CHAPTER 20.89
DENSITY TRANSFER PROCEDURE, AND CHAPTER 20.90
AMENDMENTS, RELATING TO THE TRANSFER OF DEVELOPMENT
RIGHTS (AB2004 -275)
Troy Holbrook, Senior Planner, gave a staff report and explained each
proposed amendment and the intent for each.
McShane opened the public hearing and the following people spoke:
Mary Dickinson, Building Industry Association (BIA) of Whatcom County
Government Affairs Director, submitted (on file) and read from her testimony.
TDR's should be voluntary, not mandatory. If mandatory, the cost of purchasing a
development right is just another fee which will ultimately be passed on to the
future buyer or renter. The TDR bank is not yet stable enough to be trusted. She
asked that the Council adopt the ordinance as a temporary ordinance with a sunset
date one year later.
Roger Almskaar, Land Use Consultant and Real Estate Broker, stated he has
clients who could take advantage of the proposed amendment to Whatcom County
Code (WCC) 20.71. He agreed with the previous speaker from the BIA about
impervious surfaces.
Bill Geyer, Building Industry Association, stated he supports this ordinance,
but not the next ordinance. The legislative objective was to make amendments to
the transfer of development rights (TDR) process so it can be helpful in its
application in the Lake Whatcom watershed. The first ordinance does that, but the
second ordinance does not. Last fall, the Council discussed the square footage with
the community. The Council deliberated and came to a conclusion and found that a
limit of 2,500 square feet is the correct limit. Staff has been administering that
limit. There is no evidence in the record of any benefit to the public of the decrease
in the limit from 2,500 to 2,000 square feet. That change is important to existing
owners as well as new owners. Lowering the threshold impacts many existing
property owners. There is no evidence of negative impacts from the 2,500 square
foot impervious surface limit. Without that analysis and deliberation, the Council is
not on a solid legislative footing to change the limit.
Hearing no one else, McShane closed the public hearing.
(Clerk's Note: The Council discussed both this item and the following public
hearing item, AB2004 -289.)
Whatcom County Council, 8/10/2004, 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.
Caskey- Schreiber stated she would be willing to allow an additional 2,000
square feet of impervious surface if two development rights are purchased from the
watershed. They've all heard from the State Department of Ecology and Dr. Robin
Matthews about how they need to reduce development in the watershed. Her goal
is to get as much residential development as possible. Build more incentive into
the TDR program.
Fleetwood moved to adopt the ordinance.
Brenner stated she's concerned about increasing urban growth areas in
exchange for TDB's. They talked about not making urban growth areas dumping
grounds. Holbrook stated that there is existing criteria that must be met to expand
an urban growth area.
Brenner stated the criteria are not specific enough. She moved to make
this a temporary ordinance that sunsets in one year.
Nelson stated the public has tried to understand TDR's for years. It's
dangerous to modify a proposal that hasn't even been implemented yet. Stick to
one process that has gone through the Planning Commission and committee. He
questioned whether one year is adequate for seeing if the program will work. The
program depends on the development community. Holbrook stated one year is a
short timeframe. Any new program like this needs to be carefully monitored and
adapted.
Nelson offered a friendly amendment to change the sunset date to two
years instead of one year.
Brenner accepted the friendly amendment.
Roy stated they have made it mandatory in certain circumstances. A sunset
date takes away the mandatory aspect of the ordinance. Part of the process is
reviewing things anyway. Having a sunset date means it will go away. She won't
support that. The Council always has the right to adjust things. She trusts the
departments and the building industry to come to the Council with any changes
that are needed.
Caskey- Schreiber stated she agreed with Councilmember Roy. This is
supposed to be a lifelong program with predictability. TDR's can work in areas
other than the UGA's, such as in the watershed. There are lots of ways this can
work.
Fleetwood offered a friendly amendment to have a mandatory review
instead of a sunset date.
Brenner accepted the friendly amendment.
Whatcom County Council, 8/10/2004, 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.
(Clerk's Note: End of tape one, side A.)
Nelson stated this is an important issue for the Council. Review would be
wise to evaluate and tweak the ordinance if necessary.
McShane stated don't mandate a review. It's before the Council because the
Council is reviewing the TDR process that is in place. They recognize that the
process now doesn't work. This is an opportunity to make it work better. When a
flaw is recognized, it's brought to the Council's attention by staff, who is watching
it.
Motion to amend failed 2 -4 with Nelson and Brenner in favor.
Roy stated the Birch Bay Subarea Plan talks about transfer of development
rights between long- and short -term planning areas. She asked if the language in
that plan will be adjusted. Holbrook stated staff will look at it in conjunction with
establishing appropriate TDR sending and receiving areas.
Caskey - Schreiber moved to amend the ordinance, section 20.71.302(9),
"...Density Transfer procedure. No more than ene two transferable development
rights can be utilized and a total additional impervious surface is limited to 1,000
2,000 square feet over what is allowed...." The total square footage of impervious
surface for a residential development would be no more that 4,000 square feet.
McShane stated the total amount of impervious surfaces allowed by this
ordinance, without TDR's, is 2,500 square feet.
Caskey- Schreiber withdrew the amendment. She wants to amend the
next ordinance.
McShane stated there have been lengthy discussions about the appropriate
amount of impervious surfaces allowed. He's uncomfortable with transferring
development rights in the watershed because this incentive program encourages
people to have additional impervious surfaces on some lots. Development rights
may be transferred off lots that aren't developable. The committee recommended
that the Council consider reducing the total allowed impervious surfaces to 2,000
square feet. However, what may go on in Sudden Valley should be discussed. This
ordinance is written in a way that is unwise to go forward with TDR's in the
watershed at this level of impervious surfaces.
Brenner stated she would support this ordinance because she doesn't
support reducing the amount of allowed impervious surfaces to 2,000 square feet.
Caskey- Schreiber stated the City of Bellingham's Silver Beach ordinance
allowed 2,000 square feet of impervious surfaces.
Whatcom County Council, 8/10/2004, 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.
Roy stated she was impressed with the testimony about people's concerns
about compromising with 2,500 square feet. The whole point of a TDR program is
to encourage people to purchase development rights where they don't want them
and put them where they do want them. If they give people what they want up
front, they lose their negotiating power. She won't support this ordinance.
Nelson stated someone with one lot has no opportunity for a TDR. If the
limit goes down to 2,000 square feet, it doesn't help the individual with one lot.
Holbrook stated that person could purchase a development right from another
person in the watershed to increase the level of impervious surfaces allowed. The
person could purchase one development right and receive an increase of 1,000
square feet of impervious surfaces in the watershed.
Brenner stated it's too much like blackmail. That's not an incentive.
Fleetwood stated they went through a significant public process a year ago.
They decided upon a limit of 2,500 square feet. Next, the Council has been
presented with revisions to the TDR ordinance, but they have seized the
opportunity to reduce the level of allowed impervious surfaces. That doesn't feel
right. He appreciates the goal. At some point he may support it. Now, it's a
matter of public process. Allow staff to reconsider the question of the level of
impervious surface and put it through the public process. He won't support a
change through this process. He will support this ordinance.
Caskey- Schreiber stated it's not meant as a punishment or blackmail. The
goal is to put incentive into the TDR program so they reduce development in the
watershed. If they don't do this, the lake is condemned. She would rather have an
incentive than a mandated downzone. The results from the latest testing by the
City of Bellingham are frightening. Once the total maximum daily load (TMDL)
results come out, it will get ugly.
Roy stated she agreed with Councilmember Fleetwood about the public
process. They are not blackmailing anyone. They're setting up a program of
incentives to protect the lake the best they can. However, she's uncomfortable
with what feels like circumvention of the process.
Nelson stated development in the future isn't the problem. The problem is
the development that exists today. Focus on stormwater management, septic
systems, evaluating water quality, and evaluating the impacts from geese.
Caskey- Schreiber stated more development is not going to help the
situation. Future development doesn't cause problems, but as soon as it is
developed, it will be part of the problem. They'll have to do more aggressive fixes
if they don't address the problems now. The problem now is residential
development. The lake is overloaded with sediments that transport pollutants,
which creates algae blooms that starve the lake of oxygen. In the long run, those
people may have to spend lots of money because the County tries to fix the
Whatcom County Council, 8/10/2004, 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.
community's water. The Council has had a public process. This is not that big of a
change.
Brenner stated they haven't taken on the bigger issue of stormwater
detention. Retrofit older homes that they know are causing a larger percentage of
the problem. That should be their number one focus. If the Council creates a
place where only rich people will live, they'll lose the diversity in the watershed, but
not the density. Ban fertilizers and pesticides in the residential zones in the
watershed. She was told it would be too difficult to enforce. However, she's heard
the City is working on something like that. There are issues creating a lot of the
problems in the watershed. The Council says it will work on them, but it doesn't.
Instead, they keep coming up with things that punish a certain segment of the
community.
McShane stated the Council is elected to carry out a process and to schedule
public hearings, which is what the Council did. The Council received input. The
Council doesn't have to accept everything from the Planning Commission just
because something goes through the process. The Council has asked the Planning
Commission to do a lot of work. There may be details they aren't aware of. In the
Planning Commission meeting, there was never a mention of the trihalomethane
issue that is facing Lake Whatcom right now. The water quality in the lake will fail
this summer for trihalomethanes. Whenever there is an issue about Lake
Whatcom, people ask why the Council isn't doing other things, too, and why it is
picking on a certain group of people. Every time, the Council compromises. The
Council has compromised for 20 years. They have this problem because of the
compromises. Stormwater is a major issue. What they face is grim. They are, to
a degree, compromising to allow some additional development to occur. Under this
scenario, smaller houses will be built, so the diversity in the watershed may be
better accomplished. Otherwise, most of the houses will be 4,500 square feet on
the small lots. This has no effect on the larger lots unless someone wants to build
an even bigger home. The compromises over the years have led to the TMDL
listing for this lake. Someone is going to pay. Unfortunately, those who have to
pay will be the community as a whole, not just those who caused the problem.
Already, the residents who pay for water in the City of Bellingham are paying extra
to protect the water in the lake. It doesn't matter where the intake is, because the
trihalomethanes are moving throughout the lake. They can't move the intake to
avoid them. He's surprised at the willingness to constantly compromise. This is
already a compromise.
Nelson stated they should stop compromising and get to the things that have
caused the problems, such as development standards and stormwater runoff. The
idea that 500 square feet will make a difference isn't correct. Err on the side that
has already gone through the process. If it has caused problems, then they can
come back to it.
Caskey- Schreiber stated the difference of 500 square feet may provide more
incentive for people to buy into the TDR program, which will remove development
Whatcom County Council, 8/10/2004, 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.
rights from around Lake Whatcom. That is the goal they should all look at.
Reducing density and build out around the lake is the biggest thing they can do for
Lake Whatcom. She asked who is going to pay for the stormwater fixes and to
retrofit the older homes. It's not an easy solution. It's an interjurisdictional issue.
Many people will be involved in addressing the problem. Adding more homes
around the lake won't help. That's why they should add more incentive to get
people to use the TDR program. They need to look forward a hundred years.
McShane stated the only way he wanted to support a TDR program in the
watershed is by lowering the impervious surface limit to 2,000 square feet.
Otherwise, the TDR program is being offered. He moved to amend the ordinance
to delete section 20.71.302(9). It takes the debate off the table. Development
rights would still be transferred out of the watershed. He can't support an
ordinance to make it easier to increase the level of impervious surfaces in the
watershed.
Nelson stated he would support the amendment.
McShane stated there is a concern in Sudden Valley. If someone transferred
a development right, he or she would not be able to increase the size of their house
because of Sudden Valley restrictions. He would be concerned about lowering the
limit to 2,000 square feet in that area only.
Caskey- Schreiber stated she supports the amendment. There are a lot of
unbuildable lots in the watershed. Get some of that density out of the watershed
before negotiating an increase in impervious surfaces.
Motion to amend carried unanimously.
Motion to adopt as amended carried unanimously.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE (WCC) TITLE 20,
CHAPTERS 20.10, 20.71, 20.89, AND 20.90 RELATING TO THE
TRANSFER OF DEVELOPMENT RIGHTS (TDR) AND IMPERVIOUS
SURFACES IN THE LAKE WHATCOM WATERSHED (AB2004 -289)
McShane opened the public hearing and the following people spoke:
Dennis Jones, Sudden Valley, stated they need to protect the water supply.
(Clerk's Note: End of tape one, side 8.)
Jones continued to state that it will be too expensive to fix the lake if they
don't do something now. Find an impervious surface balance that works for the
different areas. Fund the things they know are wrong and limit growth in the
watershed.
Whatcom County Council, 8/10/2004, 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.
Craig Ostrom, Sudden Valley Community Association Administrator,
explained the measures Sudden Valley is already taking to preserve lots, open
space, and wildlife corridors. He asked the Council to amend the ordinance to
remove Sudden Valley if the ordinance is approved.
Hearing no one else, McShane closed the public hearing.
Nelson stated Sudden Valley has done a lot of work out there. If the City of
Bellingham were to do what Sudden Valley does now, their problems wouldn't be as
great.
Caskey- Schreiber stated there are still 4,000 undeveloped lots in Sudden
Valley. At a density of 2.3 people per household, there is a lot of potential for
devastating impacts from humans to the watershed.
Fleetwood stated there is a considerable amount of emotion tonight, driven
by their desire to protect that lake. The Council has marching orders to reduce
density further and work on stormwater. He hopes the they will do something they
generally don't do at the September Joint Lake Whatcom Management Committee
meeting. Use that time to come up with clear direction on stormwater. It's time to
address stormwater. Address how they would work together, how to fund it, and
the kinds of retrofits that are necessary. Have that conversation. Direction on that
subject should come out of that next meeting.
McShane moved to adopt the ordinance, even though he will not vote for it.
They addressed the concern in the previous ordinance.
Motion failed unanimously.
CONSENT AGENDA
Roy reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven.
Motion to approve Consent Agenda items one through seven carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND DUPONT
FLOORING SYSTEMS DBA: THE INVIRONMENTALISTS FOR JUVENILE
DETENTION AND JUVENILE PROBATION CARPET REPLACEMENT IN
THE AMOUNT OF $191,506.19 (AB2004 -290)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND SEA MAR
Whatcom County Council, 8/10/2004, 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.
COMMUNITY HEALTH CENTER FOR OUTPATIENT SUBSTANCE ABUSE
SERVICES (AB2004 -291)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND FOSS
MARITIME FOR THE ANNUAL DRYDOCKING, REPAIR AND
MAINTENANCE OF THE WHATCOM CHIEF FERRY IN THE AMOUNT OF
$147,197 (AB2004 -292)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BOSMAN,
INC. FOR TRUCK AND TANKER VEHICLE PETROLEUM FUEL SERVICE,
EXTENDING THE CONTRACT FROM SEPTEMBER 1, 2004 THROUGH
AUGUST 31, 2005 IN THE AMOUNT OF $348,122.80, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $589,154.10 (AB2004 -293)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
TOM TRAILBUSH AND NAOMI SUNDBERG TO LEASE THE HOUSE
LOCATED AT 2723 BROADWAY, BELLINGHAM, WA FOR A TOTAL OF
$895.00 PER MONTH (AB2004 -294)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND SNOHOMISH
COUNTY EMERGENCY MANAGEMENT FOR WHATCOM COUNTY
HOMELAND SECURITY PLANNING TRAINING, EXERCISE AND
EQUIPMENT PROGRAM TO BE REIMBURSED BY AN INDIRECT
FEDERAL GRANT FROM THE U.S. DEPARTMENT OF HOMELAND
SECURITY IN THE AMOUNT OF $530,454 (AB2004 -295)
7. RESOLUTION AUTHORIZATING THE PURCHASE OF A CONSERVATION
EASEMENT ON THE HOLZ DAIRY PROPERTY (AB2004 -296)
Nelson asked if the attorneys are comfortable with the purchase and sale
agreement for the Holz property (AB2004 -296).
Kraig Olason, Senior Planner, stated they are.
Dave Grant, Senior Civil Deputy Prosecutor, stated it's not a requirement for
the attorneys to sign the purchase and sale agreement before the Council approves
the document. The attorneys have looked at the document.
Dewey Desler, Deputy Administrator, stated Council's approval tonight
authorizes the Executive to enter into the agreement. The County will not execute
the agreement until its attorneys sign the agreement.
Whatcom County Council, 8/10/2004, 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.
Caskey- Schreiber stated the County received another $135,000 for the
purchaser of development rights (PDR) program from the federal government. This
is the County's first official agreement. It's a momentous occasion.
McShane stated he congratulates Mr. Olason for his hard work.
8. RESOLUTION AMENDING THE 2002 WHATCOM COUNTY
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS)
APPENDIX (PROJECT LIST) (AB2004 -297)
Roy reported for the Finance and Administrative Services Committee and
moved to add WA -CERT priority list item three, which is a value added dairy
program through the Ag Preservation Committee.
McShane referenced the program on packet page 220, County road
improvements to the Grandview Safety Bypass project. The County Council closed
Delta Line Road because it had unsafe access to Grandview. They thought another
access to Grandview Road would be constructed. At that time, there was no
reference that the County would bear any cost to reconstructing the road. He
moved to drop the program on packet page 220, county road improvements to the
Grandview Safety Bypass project.
Brenner stated she is against the amendment. That access needed to be
closed anyway because it was dangerous. The Klaus Klix group spent $155,000
doing engineering. This is something the County would have had to pay for. This
is a very important project for economic development. Mr. Klix has a business in
that industrial park and will be there. The work done was amazing. They are
committed to environmental and ecological enhancements. That kind of economic
development in the county will be a feather in their cap.
McShane stated funding should come from private sources. In this plan,
there would be County funds from the rural sales tax money. When the Council
closed this road, it was very clear to him that it would not cost the County any
money. Subsequently, there was a proposal to use County funds to build the road.
Realignment was brought forward. That wasn't his understanding when he agreed
to close the road. This is a subsidy to someone who will benefit directly by that
road being built. The developer will be able to sell those industrial lots without
having to put forward the money it would have taken to develop the lots on their
own.
Nelson stated they talk about helping with economic development and
increasing the tax base. This is an opportunity, if it goes through the Economic
Development Committee.
McShane stated he may have a different view if it was presented that way to
the Council when the Council closed the road. However, it was presented to the
Whatcom County Council, 8/10/2004, Page 11
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County in a way that it wouldn't cost the County any money. Now they're asking
the County to improve the road.
Brenner stated it was clear they would pay for the engineering cost to realign
the road to make it safer. They did part of what the County would have had to do
anyway. Support this project.
Fleetwood stated these items are placeholders. They will come forward
later. He is against the motion.
Caskey- Schreiber stated the road was closed with the assumption the
developer would handle it all. However, the person has done a good job developing
the area for ready businesses, and she wants to support that. Closing the road was
necessary for safety reasons. She asked how close this is to the Ferndale urban
growth area (UGA) and if the County would lose that revenue if the area were
annexed into Ferndale.
McShane stated it's part of the Ferndale UGA.
Caskey- Schreiber stated she'd hate for the County to make that investment,
and then have the City annex it.
Sylvia Goodwin, Planning Division Manager, stated the County has an
interlocal agreement with all the cities regarding annexation. If a city annexes, it
has to reimburse the County for capital projects paid for in their city. The
agreement also says that, before the County spends its money on a project, the
County would have an interlocal agreement with the City to make sure it wants to
pay for that project. The City will have to reimburse the County.
Caskey- Schreiber asked if it hurts anything to leave the project on the list.
Goodwin stated it provides greater opportunity to fund a project using grant
funding or sources other than County money.
Motion to amend failed 1 -5 with McShane in favor.
Motion to adopt as amended carried unanimously.
OTHER ITEMS
1. REPORT ON COMMITTEE PRESENTATION BY THE NOOKSACK SALMON
ENHANCEMENT ASSOCIATION REGARDING A WASHINGTON
CONSERVATION CORPS CREW FUNDING PROPOSAL (AB2004 -301)
Roy reported for the Natural Resources Committee and stated Wendy
Scherrer made a proposal to be included for the 2005 -2006 Whatcom County
budget.
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2. ORDINANCE AMENDING THE 2004 WHATCOM COUNTY BUDGET, 11TH
REQUEST (AB2004 -286)
Roy reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Caskey- Schreiber asked the amount of the revenue the County will receive
this year from the real estate excise tax.
Dewey Desler, Deputy Administrator, stated the amount will be
approximately $1.3 million.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
APPLICATION FOR A LIQUOR LICENSE FOR ARTISAN WINE CLUB
LOCATED AT 2072 GRANGER WAY, LUMMI ISLAND (AB2004 -298)
Brenner moved to approve the request.
Motion carried unanimously.
4. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
MOLLY MAGUIRE TO THE BICYCLE/ PEDESTRIAN COMMITTEE
(AB2004 -299)
McShane moved to confirm the appointment.
Motion carried unanimously.
INTRODUCTION ITEMS
1. ORDINANCE AMENDING WCC TITLE 24, HEALTH CODE, TO CREATE
WCC 24.12, MUSHROOM SUBSTRATE PRODUCTION FACILITY RULES
(AB2004 -300)
McShane moved to accept the substitute version of the Introduction Item.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Roy stated she, Councilmember Fleetwood, and Executive Kremen attended
a reception at BP refinery for introduction of their clean gasoline. It was very
impressive.
McShane stated he attended a fund raiser for the Lummi Nation for the
freedom pole and liberty pole to be erected at the Pentagon. Emceeing the event
was one of the greatest honors he's ever had. He's proud that this community has
reached across the nation. The totem poles have meant a lot to people who were
involved in the attacks. He's proud of the culture that created these tremendous
poles. The support was very interesting, and included developers and Birch Point
people.
ADJOURN
The meeting adjourned at 9:22 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on September 14, 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 8/10/2004, Page 14