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HomeMy WebLinkAboutCouncil March 9 20041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 March 9, 2004 Council Chair Dan McShane called the meeting to order at 7:05 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Sharon Roy FLAG SALUTE ANNOUNCEMENTS Absent: L. Ward Nelson McShane announced there was discussion with Senior Deputy Prosecutor David Grant regarding GSX (AB2004 -018) in executive session during the Committee of the Whole meeting. McShane also announced there was discussion with Chief Civil Deputy Prosecutor Randall Watts regarding possible litigation (AB2004 -018) in executive session during the Committee of the Whole meeting. The Council wrote findings for defending County employees and committee members serving the County in their jobs on Planning issues. McShane lastly announced there was discussion with Senior Deputy Prosecutor David Grant Regarding BP (AB2004 -018) in executive session during the Committee of the Whole meeting. He stated he recused himself from the Committee of the Whole meeting during this discussion because he serves on the Energy Facility Site Evaluation Council (EFSEC). MINUTES CONSENT Fleetwood moved to approve the Minutes Consent items. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR FEBRUARY 10, 2004 2. REGULAR COUNTY COUNCIL FOR FEBRUARY 10, 2004 Whatcom County Council, 3/9/2004, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. SPECIAL COUNTY COUNCIL (MASTER FACILITIES PLAN) FOR FEBRUARY 3, 2004 4. SPECIAL COMMITTEE OF THE WHOLE FOR FEBRUARY 17, 2004 S. WATER RESOURCES WORK SESSION FOR FEBRUARY 17, 2004 OPEN SESSION The following people spoke: Mark Pollan, 2125 Michigan Street, Bellingham, stated he is a retired Navy veteran and a peace activist. He invited the councilmembers and citizens to an event commemorating the one -year anniversary on March 20 of the bombing of Iraq. Communities all over the world will raise their voices for a world of peace. The event will be held at noon at Maritime Heritage Park. It is a march against fear. The focus of the event will be the end of all military occupations, bringing the troops home now, reclaiming the United States Constitution, and using tax dollars for domestic needs, including education, health care, and job creation. Take a stand against the perpetual myth of fear in our country, our commonality as human beings, and against the myth that Americans are separate from others in the world. Take a stand for peace instead of continual war. Chris Ungern, 2095 North Shore Road, stated he is against the Boats Off Initiative. The problems of the watershed is pretty well understood by now. The focus on boating is misdirected and ignores more important issues affecting water quality. The activists are more interested in the pursuit of a cause than in accomplishing something that would actually improve the environment. The activists are focusing on the highest lake sample readings for various samples, while ignoring more recent and improving data. They are using misleading claims that appeal to the emotions while avoiding scientific debate based on fact. Their direct appeals to public officials are a tactic to bypass the public process. Some elected officials are considering a ban on all two - stroke motors and all motor boats on Lake Whatcom. Public officials need to think things through before acting or unintended consequences will prevail. When dealing with activists, their whole agenda is usually not revealed up front. If this succeeds, the activists won't go away, the water quality won't be improved, and the meaningful issues of water quality will have not been addressed. Wynn Lee, 2171 Tuttle Island, Lummi Island, stated some of the Planning Department's and Planning Commission's recommendations are ill- founded and incomplete. The plan fails to address the transportation infrastructure concurrency issue or other major transportation problems that the island will face in the years to come. Whatcom County Council, 3/9/2004, Page 2 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 The plan lacks one provision to protect the island's rural character. The 2 County Comprehensive Plan designates the island as rural, and should have 3 accompanying goals and policies that maintain the rural character. Otherwise, the 4 planning process is a waste of taxpayer time and money. A supermajority of the 5 islanders want to maintain the island's rural character, yet have been given a plan 6 that doesn't achieve that goal. 7 8 The plan recommends land use policies that ignore or contradict data about 9 problems with critical areas and groundwater resources. The November 2003 draft 10 plan recorded County Health Department data that shows significant water quality 11 and quantity problems on the north end of the island. The island has documented 12 water problems right now. The problems are increasing. The problems have 13 emerged from a population that is far below what the Planning Commission has 14 recommended. They've removed provisions that could help address the 15 groundwater problems. 16 17 The County Council is the ultimate decision - maker. Make more informed 18 decisions when this come before the Council. She and other islanders will bring 19 forward information to the Council that the Planning Commission and Planning staff 20 had but ignored. The Lummi Island Subarea Plan has serious flaws in the 21 transportation element, in maintaining rural character, and in protecting 22 groundwater resources in the future. 23 24 Jo Slivinski, 6163 Semiahmoo Lane, Blaine and 3920 Silver Beach Avenue, 25 Bellingham, stated she is addressing the proposed Birch Point rezone amendment 26 to the subarea plan, under consideration by the Council. She presented information 27 (on file). This property is along a shoreline designated as a conservancy and as a 28 shoreline of statewide significance. There are key nonconformities with the 29 Whatcom County shoreline management plan. She questions whether the Council 30 should reconsider the proposal. 31 32 This proposal is automatically nonconforming to building restrictions as 33 defined by the Shoreline Management Plan. The height restriction is 25 feet, not 35 34 feet as is proposed. The 35 foot height applies only to residential uses. The 35 existing house is already at least 35 feet high. The proposal is automatically 36 nonconforming to the shoreline setback regulations, which is 150 feet, not 75 feet. 37 A recent test shows that the existing house has a 50 -foot setback, due to slough - 38 offs and landslides that have occurred. 01,, 40 She asked if there should be a shoreline management or State 41 Environmental Protection Agency (SEPA) review and determination on this proposal 42 before the rezone is considered. The shoreline management review process doesn't 43 have a provision for a non - project type of endeavor, such as a rezone. That means 44 the rezone goes through before shoreline management regulations apply. The 45 SEPA official has never seen this proposal, contrary to what was said at the 46 Planning Commission and previous Council meetings. 47 Whatcom County Council, 3/9/2004, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Barbara Skudlarick, 8361 Semiahmoo Drive, submitted information (on file). She lives one - quarter of a mile north from the proposed spa resort. Water from the interior property drains from the bank onto the shore. The bluff erodes naturally each year. There is a recent bank slough on the property. There is a broken drainage pipe that brings water from the property. Water sprays out onto the shoreline. Therese McDermott, 7358 Nautical Court, Birch Bay, stated there is a federal requirement for transitional homes for level III sex offenders. She asked who the federal judge is that mandated that Whatcom County do this. McShane stated they are going to have a public hearing on this issue. There will be a staff report that goes with this hearing. That will be the time to speak. Carl Weimer, Solid Waste Advisory Committee (SWAC), stated the SWAC has concerns about the garbage exemption ordinance. He has a copy of the draft letter from the Council to SWAC in response to the concerns. This is a priority issue for the SWAC. The County's garbage study shows there are 17,000 households in unincorporated Whatcom County that are unaccounted for in terms of garbage collection. That represents more population than the small cities combined. The County doesn't know what they're doing with their garbage. This is a big issue to get the recycling rates back up. Everyone on garbage services pays a fee for such things as school programs, disposal of toxics, and the clean green yard waste facility. People not signed up for garbage service don't pay the fee and don't support those services that they're using. The County has an interlocal agreement with the small cities that forces mandatory garbage collection in all the small cities. In return, the County agrees to enforce universal garbage collection in the county. Part of the ordinances set up an exemption system for people in the rural areas if they can prove they're handling their garbage and recyclables in a good way. There is a reason for the exemption process. They should still have to prove they're doing something responsible with their garbage. The SWAC only wants direction from the Council on whether it should investigate ways to fix this ordinance. The SWAC doesn't want to require everyone to have service, but they need to find out what 17,000 households are doing with their service. Allow the SWAC to investigate ways to close this loophole. PUBLIC HEARING 1. ORDINANCE ESTABLISHING THE SPEED FOR A SCHOOL ZONE ON NORTHWOOD ROAD (AB2004 -117) Jeff Monsen, Public Works Director, gave a staff report and stated he is available to respond to questions. McShane opened the public hearing and, hearing no one, closed the public hearing. Whatcom County Council, 3/9/2004, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO ESSENTIAL PUBLIC FACILITIES (AB2003 -075B) Matt Aamot, Senior Planner, gave a staff report and submitted a memo to the Council dated March 9, 2004 (on file). In light of the recommendation to prohibit secure community transition facilities for sex offenders in the rural and rural residential zone, the Council may want to consider also prohibiting them from the Point Roberts transitional zone. He suggested an amendment to add language to Whatcom County Code (WCC) 20.32 and 20.36, ".210 Secure community transition facilities for sex offenders" to prohibit these facilities in these zones. The Public Works Committee made changes to crisis facilities at its previous meeting. After reviewing other recommendations, some questions arose. Crisis facilities are recommended as a conditional use permit in residential rural and resort commercial zones. There are buffers recommended around schools, daycares, parks, and other similar facilities. These crisis facilities would have more impacts than outpatient facilities, which are prohibited in these same zones. Consider allowing outpatient facilities as conditional uses in residential rural and resort commercial zones. McShane opened the public hearing and the following people spoke: Therese McDermott, 7358 Nautical Court, Birch Bay, stated she agrees that Point Roberts is not an appropriate place for sex offender housing. They should not be allowed close to schools. There needs to be more caution in relocating these people. She asked the name of the federal judge who ruled that these people should be released. Fleetwood stated he believed the judge was named Bill Dwyer, who is now deceased. McDermott stated a recent newspaper article noted that the County could make these restrictions as severe as necessary. She doesn't think it's always possible for these people to be in sight of the staff members who look after them. It's possible for them to escape. She asked if ankle monitors have been considered for these people. Include that requirement. Hearing no one else, McShane closed the public hearing. Whatcom County Council, 3/9/2004, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 moved to adopt the ordinance. She supports eliminating Point Roberts from the list of places where secure transitional facilities are allowed. The committee didn't remove it originally because Point Roberts, unlike most other communities has a resident deputy and a correctional facility to hold prisoners there. It seemed like a more secure area than other areas. However, zone this as restrictively as they can. McShane moved to no longer allow substance abuse and mental health crisis facilities in the residential rural and resort commercial zones. Motion carried unanimously. Brenner moved to no longer allow secure community transition facilities for sex offenders in the Point Roberts transitional zone. Caskey- Schreiber stated she supported the amendment. She talked to a criminologist from Western Washington University who said that most offenses occur by someone who the victim knows, not a stranger, and that sex offender housing provides the greatest accountability to their whereabouts. (Clerk's Note: End of tape one, side A.) Motion carried unanimously. Brenner stated the Growth Management Act requires the County to plan for these facilities. The sex offender facilities are the ones that get the most attention. What the committee did was to restrict the zoning to the very smallest zones they can do that are completely away from residential zones. If and when a facility has to be sited in Whatcom County, these changes will restrict siting only to areas that aren't residential. Crawford asked if the County is required to zone some areas for a secure community transition facility for sex offenders. Aamot stated the County is required by Revised Code of Washington (RCW) 36.70A.200 to plan for essential public facilities, which includes secure community transition facilities. Crawford asked how many other counties besides the six large counties have actually zoned for this use. Aamot stated he doesn't know. Crawford asked the repercussions if the County chose to not allow these facilities at all. Aamot stated the state legislature eliminated some of the penalties for being out of compliance. There is a provision that says the County can still get grants. The County would be out of compliance with the law, but he doesn't know if there's a hammer that would force the County to comply. Legal counsel can look into it. Practically, Whatcom County zoning allows a conditional use permit for social and health rehabilitation centers. This use may fit into that category. By taking this action, the County is declaring the appropriate places for this use. Whatcom County Council, 3/9/2004, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Crawford stated the Council could also amend the reference to the social and health rehabilitation center to exclude secure community transitional facilities for sex offenders. After the six counties are looked at, there will be a propensity on the part of the State to look at counties that have declared that it's okay to have these facilities in certain zones as opposed to counties that have done nothing. Growth Management Act compliance is usually enforced by an advocacy group that is unhappy over a certain regulation. There is not a lot of advocacy out there for these highest risk sexual offenders. If Whatcom County chose not to allow this use in any zone at this time, there may not be any legal recourse to make the County allow the facility. Crawford moved to prohibit secure community transition facilities for sex offenders countywide. Roy stated she is not comfortable blatantly and knowingly going against State law. This is a very tiny number of these people who might come to the county. The county has 2,000 level III sex offenders already. They're living in neighborhoods without any restrictions. This is a false issue. The people in these facilities will be locked up and followed. She wouldn't support focusing on this one issue for a small number of well- supervised people. Brenner stated it was very difficult to get her motion to prohibit these facilities in the residential zones through committee. There was a lot of debate at that time. She is concerned about suddenly changing direction. Right now the County is being given the option of deciding how restrictive they want to be. The State can come in at any time and preempt the County and site a facility. Dave Grant, Senior Civil Deputy Prosecutor, stated he concurred with Mr. Aamot's conclusion of the law for not complying with the Growth Management Act (GMA). The County is responsible to address this issue. He's not certain that Whatcom County would be subject to State preemptive authority given the number of civilly committed offenders from the area. The law gives the State Department of Social and Health Services (DSHS) preemptive authority over local land use laws and regulations. It also gives an assurance that this chapter should not be taken to mean that a county or city is precluded from doing this. The same chapter that gives preemptive authority to DSHS also says it's appropriate for the County to take this sort of action. It's important to consider the alternative. Non - action may eliminate the County's ability to provide guidance on where such a facility should be located. Fleetwood gave the history of this State law. The County is obligated by State law to do this. He won't support the motion. Motion to amend failed 1 -5 with Crawford in favor. Whatcom County Council, 3/9/2004, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. McShane asked if correction facilities are prohibited in rural zoning. Aamot stated the advisory committee recommended a conditional use in the rural zone. The Council committee recommended that it be prohibited. McShane asked about the areas where correctional facilities can be located. Aamot stated he would display maps that show these areas. McShane asked the advisory committee's rationale for limiting scale of correctional facilities in rural areas. Aamot stated there were concerns about impacts from traffic and a use that's more inconsistent with higher density residential areas. McShane asked about discussion inside the city, and that it might be hard to put anything inside a city. Aamot stated the opinion was that there is an array of zones available for a potentially large correction facility, and the residential zones are least compatible. McShane asked about being at least one mile from public and private schools. Aamot stated that came out of the master planning process. The committee considered and approved that recommendation. Brenner stated the Public Works Committee felt that anything that could pose a danger to the public should be kept as restrictive as possible and not placed in residential areas. McShane moved to amend to include correctional facilities as a conditional use permit (CUP) in the rural zones. There is a jail downtown in Bellingham with a tremendous number of schools and residences within one mile. If they are going to build a new jail anywhere in the county, they are restricting the potential to a very limited area. The County will likely be asking the cities to do something the County is unwilling to do. He understands the logic, but they're really restricting their ability to locate a facility. Brenner stated it's very important to locate this use close to services. They keep talking about keeping rural areas rural. In addition to the schools and homes near the existing jail, there is also the Bellingham Police Department. They won't have that security if located in the county. It will dramatically increase the risk to people out there. It will create more traffic problems. Keep these types of facilities as close to public services as possible. Caskey- Schreiber stated she agreed with Councilmember Brenner. She's concerned that the law and justice functions be located with the jail. Once they move those areas to a rural zone, all the attorneys will locate near the law and justice functions. That will eliminate the rural area. Roy stated she supports this only because they need to continue to discuss all the options, even though this isn't the option she would probably support. She Whatcom County Council, 3/9/2004, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. doesn't agree with the argument that safety is an issue. If it isn't safe around a jail, they're not doing a very good jail. It ought to be the safest place in town. Don't eliminate the discussion in light of the facilities planning process they're going through right now. Crawford asked if someone released from jail is transported somewhere or walks out of the facility. Wendy Jones, Chief of Corrections, stated person is allowed to walk out the front door of the facility. Crawford stated that if there's not a safety issue, there's a perception issue. Councilmember Brenner mentioned that this facility is likely going to require water and sewer. This is not just an issue of whether or not it's appropriate to put the facility in a rural zone. This is also an issue of infrastructure requirements. That's what convinced him to keep it out of rural areas. Fleetwood stated he agreed that they should not put this facility in the rural zone. However, they don't need to needlessly close the door on their options, so he will vote for the motion. McShane stated there's a major policy issue. The existing jail is out of zoning compliance. The idea of building an interim jail required an emergency action to create a zoning space to put a jail in Bellingham temporarily. He has grave concerns about paralyzing themselves on zoning so the jail never gets built. He has no opinion about whether or not the jail should be in the rural area. Motion failed 3 -3 with McShane, Fleetwood, and Roy in favor. McShane moved to add language to Whatcom County Code (WCC) 20.32 and 20.36, ".210 Secure community transition facilities for sex offenders" according to Mr. Aamot's memo. Motion carried unanimously. McShane stated the motion is to forward this item as amended to the concurrency hearing. Motion carried 5 -1 with McShane opposed. Crawford thanked Mr. Aamot for putting in all his time and knowledge he provided on this issue. Brenner stated Mr. Aamot worked very hard on this issue, providing hours of presentations and speakers on a variety of topics. Whatcom County Council, 3/9/2004, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 11. Motion carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITIES OF WHATCOM COUNTY FOR THE PURPOSE OF ADMINISTERING SURCHARGE FUNDS GENERATED AS A RESULT OF SUBSTITUTE HOUSE BILL 2060 AND RCW 36.22.178 (AB2004 -124) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND REGION 3 AIDS SERVICE NETWORK TO PROVIDE FUNDING FOR PREVENTION AND EDUCATION SERVICES FOR HIV /AIDS IN THE COMMUNITY, IN THE AMOUNT OF $129,170 (AB2004 -125) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT THE JAIBG BLOCK GRANT TO PROVIDE ADDITIONAL STAFFING TO SUPPLEMENT THE FULL TIME JUVENILE COURT OFFENDER CASELOAD IN THE AMOUNT OF $50,380 (AB2004 -126) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A STANDARD CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND KPFF CONSULTING ENGINEERS FOR PHASE 2 FINAL DESIGN TO REPLACE HIGH BRIDGE NO. 115 ON LAKE WHATCOM BOULEVARD, IN THE AMOUNT OF $356,918.60 (AB2004 -127) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE SUPPORT FOR THE MARINE RESOURCES COMMITTEE, COMMUNITY OUTREACH, AND ROCKFISH DIVE SURVEYS, IN THE AMOUNT OF $50,000 (AB2004 -128) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO THE 2003 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR SOLID AND HAZARDOUS WASTE MANAGEMENT SERVICES, IN THE AMOUNT OF $16,071.98, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $379,071.98 (AB2004 -129) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A FLOOD CONTROL ACCOUNT ASSISTANCE PROGRAM GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE Whatcom County Council, 3/9/2004, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. DEPARTMENT OF ECOLOGY FOR THE REIMBURSEMENT OF $100,000 OF THE COUNTY'S COSTS FOR HYDRAULIC MODEL REFINEMENT AND ALTERNATIVES ANALYSIS FOR THE LOWER NOOKSACK RIVER (AB2004 -130) 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 20 TO THE LOWEST RESPONSIVE BIDDER, BILL PIERRE FORD, FOR THE PURCHASE OF TWO REPLACEMENT TRUCKS IN THE AMOUNT OF $42,701.74 (AB2004 -131) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 21 TO THE LOWEST RESPONSIVE BIDDER, MCASPHALT INDUSTRIES, FOR THE ANNUAL SUPPLY AND DELIVERY OF ASPHALTIC EMULSIONS /ROAD OIL IN THE AMOUNT OF $600,000 (AB2004 -132) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04- 24 TO THE LOWEST RESPONSIVE BIDDER, COASTLINE TRACTOR, FOR THE PURCHASE OF ONE ROADSIDE MOWING TRACTOR IN THE AMOUNT OF $44,294.70 (AB2004 -133) 11. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A YEAR OLD (AB2004 -134) OTHER ITEMS 1. REPORT ON COMMITTEE DISCUSSION REGARDING THE UPCOMING JOINT LAKE WHATCOM MANAGEMENT COMMITTEE MEETING (AB2004 -123) Roy reported for the Natural Resources Committee and stated the meeting length has been extended. They will follow the Joint Lake Whatcom Management Committee agenda. Dr. Bruce Roll, Water Resources Division Manager, stated he isn't asking for agenda approval from the Council. McShane stated he was asked for input on how the meeting could be run. Roy stated they will make sure the boat people understand there is a 30- minute limit and there won't be policy discussion at the meeting. There are other ways the public can give input. The County Council and Management Committee will look at the information from the boating task force. The rest of the meeting will be to review the five -year Lake Whatcom Management Program. The councilmembers need to read the plan before the meeting and be prepared to provide input on priorities in the plan. They need to focus on projects that require inter - jurisdictional cooperation. Whatcom County Council, 3/9/2004, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 like to set the meeting times to their original schedule. They can be just as effective and efficient with their time if they work within the original schedule. Roll stated they anticipate being done in a couple of hours. When they suggested lengthening the meeting, it was to provide opportunity for the comment period for the boating issue. However, that hearing has been limited to 30 minutes. He also wants to provide opportunity to have an active discussion about the next program. Historically, the topics in the plan have generated rather long discussions. Brenner stated the meeting starts during the dinner hour. If the meeting goes straight through until 9:00 p.m., they won't be very productive toward the end of the meeting. She moved to shorten the meeting to two hours, from 5:30 p.m. to 7:30 p.m. She's getting frustrated about being told of changes without being asked. (Clerk's Note: The motion was not voted on.) McShane asked if the agenda is final. Roll stated it is not. He hasn't heard back yet from the Mayor. McShane stated the meeting will be run by the chair of the City Council this time. They've talked about procedure of running the meeting to keep it more orderly. Roy stated the councilmembers get notices of meetings and she writes down the times on her calendar. It's distressing to find a notice that two hours have been added. It would have been nice to have been asked. Roll stated the meeting hasn't been extended. It will be only two hours long. (Clerk's Note: End of tape one, side 8.) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.44 TO CLARIFY PROCEDURES FOR FILING OF APPLICATION SUMMARIES AND OTHER MISCELLANEOUS CLARIFICATIONS (AB2004 -104) Brenner reported for the Public Works and Safety Committee and stated this item is held in committee for two weeks. A hearing will be scheduled in four weeks. 3. REPORT ON COMMITTEE DISCUSSION REGARDING A DRAFT LETTER TO BE SENT TO THE SOLID WASTE ADVISORY COMMITTEE (AB2004- 085) Brenner reported for the Public Works and Safety Committee and moved to send the letter. Whatcom County Council, 3/9/2004, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. McShane asked if someone who applies for an exemption pays the excise tax. Jeff Monsen, Public Works Director, stated the excise tax is based on living in the district. The tax is applied through the collection service. Applying an excise fee to an exemption is a different administration that would have to be designed. One of the issues is having an enforcement mechanism. There is not an effective enforcement mechanism now. McShane stated the Solid Waste Advisory Committee wanted to explore the issue to come up with another approach. Out of respect for the committee, allow them to take a look at the issue. The letter outlines some of the big problems they face. Send the letter and allow the committee to consider the options and respond back to the Council. He can carry that message to the advisory committee. Caskey- Schreiber stated she agreed. The committee just wants the chance to explore the issue. There's nothing wrong with that. Crawford stated he thought the exemption was just a promise that someone would dispose of their garbage responsibly, not a method to provide proof that is happening. He asked if they have to prove something. Monsen stated the concept is that the exemption certifies that someone can dispose of their garbage responsibly. Services are available for someone to self -haul. McShane stated that's not where the advisory committee is heading, anyway. Roy moved to delete the first sentence of the last paragraph on the first page of the letter. It's offensive. They can make the point without sounding like the Council is reprimanding the advisory committee. Fleetwood stated he is against the motion. That's the term the advisory committee used, and the Council is responding to the statement. Crawford agreed with Councilmember Fleetwood. The topic of the advisory committee letter was about the failure of the process. Motion to amend carried 4 -2 with Fleetwood and Crawford opposed. McShane moved to send the letter as amended. Caskey- Schreiber stated the advisory committee really wants to explore the issue. This letter shuts the advisory committee down from exploring the issue. If the advisory committee can make a recommendation, the Council can take it up then. The Council should allow them to develop a response to the problem. Whatcom County Council, 3/9/2004, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Councilmember McShane can inform the advisory committee that it can come up with and bring forward any solutions it recommends. The letter doesn't close the door to that option. Motion failed 2 -4 with Brenner and Crawford in favor. 4. REPORT ON COMMITTEE DISCUSSION REGARDING VARIOUS SECTIONS OF ORDINANCE 2003 -053, RELATED TO ISSUES AT POINT ROBERTS (AB2003 -317A) Fleetwood reported for the Planning and Development Committee and stated citizens spoke on this issue. S. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF EGBERT MAAS TO THE BELLINGHAM WHATCOM COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS (AB2004 -136) Caskey- Schreiber moved to confirm the appointment. Motion carried 6 -1 with Nelson absent. 6. READING OF PUBLIC EMPLOYMENT RELATIONS COMMISSION NOTICE (AB2004 -135) This item was deleted from the agenda and added to the March 9, 2004 Finance and Administrative Services Committee agenda. APPROVAL OF THE 2003 COMPREHENSIVE PLAN AMENDMENTS McShane stated that Council would now move on to the 2003 Comprehensive Plan amendments. Council made some minor modifications to the Essential Public Facilities Chapter and it is now time to move approval of all the 2003 Comprehensive Plan amendments. The Council has voted on all these before and moved them forward to concurrency. There will be a roll call vote on each one of the amendments again, so members get the chance to vote on them again. Councilmembers may have changed their minds since last time. After the vote on individual amendments, there will be a vote on all the 2003 Comprehensive Plan amendments as a concurrent group. 1. ORDINANCE ADOPTING AMENDMENTS TO THE INTRODUCTION CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2003 -075A) Motion carried 5 -1 with Crawford opposed. Whatcom County Council, 3/9/2004, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 2. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO ESSENTIAL PUBLIC FACILITIES (AB2003 -075B) Motion carried unanimously. 3. ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 8 RESOURCE LANDS — FOREST RESOURCE LANDS SECTION OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2003 -075C) Motion carried unanimously. 4. ORDINANCE ADOPTING AMENDMENTS TO THE ENVIRONMENT CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (CHAPTER 11) (AB2003 -075D) Motion carried unanimously. S. ORDINANCE ADOPTING AMENDMENTS TO THE LAND USE CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (CHAPTER 2), WHICH INCLUDES RURAL LANDS (AB2003 -075E) Motion carried 5 -1 with Crawford opposed. 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP FOR 0.76 ACRES IN THE CROSSROADS COMMERCIAL DESIGNATION OF HINOTE'S CORNER (AB2003 -075F) Crawford asked if this is amended from the original proposal. McShane stated they would approve what the Council voted on after the public hearing for this item. The boundary goes around the building to incorporate the building in one zone, but then returns to the original zoning line. Motion carried 4 -1 -1 with Crawford opposed and Caskey- Schreiber abstaining. 7. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN, URBAN FRINGE SUBAREA PLAN GENERAL, URM AND URMX POLICIES (AB2003 -075G) Motion carried unanimously. S. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN, URBAN FRINGE SUBAREA PLAN, MAP 13 MAP AND TEXT (AB2003 -075H) Whatcom County Council, 3/9/2004, Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. McShane moved to vote on all the items together, as one whole package. Motion to adopt all 2003 Comprehensive Plan amendments carried 5 - 1 with Crawford opposed. SPECIAL ORDER OF BUSINESS 1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) CHAPTER 20.22 (URM) AND 20.24 (URMX) (AB2004 -060) McShane moved to adopt the ordinance. This is the result of passing the Comprehensive Plan amendments. They can't implement the code until the Comprehensive Plan amendments were adopted. Crawford stated he is concerned with the requirement of the purchase of a transfer of development right (TDR) in the Bellingham urban growth area. For the sake of expediting the item, he will vote in favor of the motion. Motion carried unanimously. INTRODUCTION ITEMS Caskey- Schreiber moved to accept the Introduction Items, including the addendum. Motion carried unanimously. 1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO SPECIFY WHERE PARKS AND RECREATION FACILITIES ARE PERMITTED IN VARIOUS ZONING DISTRICTS (AB2004 -137) 2. ORDINANCE AUTHORIZING 2004 SUPPLEMENTAL BUDGET REQUEST #3 (AB2004 -138) Addendum 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.24, FRANCHISE REQUIREMENTS (AB2004 -114) OTHER BUSINESS Whatcom County Council, 3/9/2004, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Crawford stated the Finance Committee discussed the potential of having a biennial budget process. The committee requested that the administration draft a resolution for the Council to approve regarding the matter. McShane stated he will probably bring forward a new Lake Whatcom Landscape Plan resolution to the next Council meeting. Caskey- Schreiber stated the Natural Resources Committee today asked Dr. Roll what he thought the priorities for the watershed should be. Dr. Roll identified State Department of Natural Resources (DNR) land use actions as one of the top priorities of things that are likely to affect the lake. It is something the three jurisdictions should address. McShane stated there will be a meeting on March 18 at the Skagit County courthouse regarding the sustainable yield harvests for trust lands around the state. This is a significant amount of land, and there are significant policies and issues they need to get a handle on. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Caskey- Schreiber stated she and Councilmember Nelson spent a day in Washington D.C. lobbying the legislature regarding health care access issues in Whatcom County, the Kendall Resource Center, and federal matching dollars for the Purchase of Development Rights program. They made some headway on a couple of issues. It was a good experience. ADJOURN The meeting adjourned at 9:13 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on March 23 , 2004. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Council Chair Whatcom County Council, 3/9/2004, Page 17