HomeMy WebLinkAboutCouncil March 23 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
March 23, 2004
Council Chair Dan McShane called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced there was discussion with Whatcom County Public
Works Director Jeff Monsen regarding a possible land acquisition (AB2004-
018) in executive session during the Committee of the Whole meeting.
McShane announced there was also discussion with Senior Deputy
Prosecutor David Grant regarding BP (AB2004 -018) in executive session
during the Committee of the Whole meeting. He recused himself from the
discussion regarding BP because it is an issue before the Energy Facility Site
Evaluation Council (EFSEC), of which he is a member.
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through four.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR FEBRUARY 24, 2004
2. REGULAR COUNTY COUNCIL FOR FEBRUARY 24, 2004
3. COMMITTEE OF THE WHOLE FOR MARCH 9, 2004
4. REGULAR COUNTY COUNCIL FOR MARCH 9, 2004
Whatcom County Council, 3/23/2004, 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.
OPEN SESSION
The following people spoke:
Lou Petrouski, Maple Falls, asked that there be some way to know when
things come up that affect the Foothills region. They can get the word out so
people can come to the Council meeting.
Caskey- Schreiber stated she's been trying to open up channels of
communication. If she sees something of interest, she will call Carol McDonald.
Christie Lysne, 2472 Northshore Road, stated she wanted to thank the
councilmembers who had the courage to speak out about the proposed ban of two -
cycle motors on Lake Whatcom at the March 17 multi - jurisdictional meeting. She
opposes the ban. Stepping forward was especially courageous given the fact that
Mayor Asmundson, City Council President John Watts, and County Council Chair
Dan McShane removed the issue from the agenda when they learned that hundreds
of voters who oppose the ban planned to attend the meeting. Their commitment to
the constituents speaks well of their credibility, integrity, and honesty. Speaking
out in light of the Mayor, City Council President, and County Council Chair attempts
to manipulate the agenda carried a risk of angering fellow elected officials. She
thanked the councilmembers.
Patrick Strupp, 2352 E. Hemmi Road, submitted (on file) and read his letter
of testimony. The number of Washington State citizens per legislator has risen
since 1890, which is taxation without representation. The U.S. is the only
industrialized country in the world without a health plan. The U.S. spends too much
on defenses. Reconsider the 14th Amendment. It needs to be contested. There
are not enough legislators to represent all the voters.
Carole MacDonald, 8174 Mt. Baker Highway, Economic Development
Association for the Foothills area, stated this organization was formally known as
the Mt. Baker Steering Committee. It now has bylaws, is registered with the State
as a not - for - profit, and is in the process of getting it's designation as a 501(c)(3).
The purpose is to study what they have in the Foothills now and decide on,
prioritize, and implement actions in concert with the Comprehensive Plan. Their
committees are on topics that include infrastructure, tourism and marketing, trails
and parks, sustainability, and the mission and vision statement. Stakeholders who
attend include representatives from many agencies and branches of local
government. This is a non - membership group. They encourage everyone from the
community to come to the table. They meet on the third Wednesday of every
month at the Mt. Baker High School administration building from 1:00 p.m. to 3:00
p.m.
Whatcom County Council, 3/23/2004, 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.
Michelle Luke, Lummi Island, submitted (on file) and read from her letter of
testimony regarding her organization Concerned About Lummi Island Growth
Management (CALIGM). Her group was formed to include those not happy with the
Lummi Island Planning Committee (LIPC). They have concerns with the proposed
subarea plan for Lummi Island. Many people signed a petition opposed to the draft
plan. Her group submitted questions about the plan to the LIPC, Planning
Department, and Planning Commission.
Bill Grant, 1102 -7806 Birch Bay Drive, Birch Bay Steering Committee
Chairman, stated he was disappointed that the Birch Bay Subarea Plan was put off
for another month in committee. They need it approved. Second, he was
disappointed that the proposal put forward by Sharon Roy about reducing road level
of service was reduced. Third, it's important to not simply decide based on attitude
that urban growth areas are too large. Look at what's in the areas, such as
wetlands, acreage, and parks. It's critically important that there is enough land to
hold all the infrastructure for the next 20 years. It's very important to recognize
that certain areas are fully developed as leisure parks. Listen to what Sharon Roy
said that many years and thousands of dollars were put into the draft plan. Now,
personal attitudes are having an impact on it. The difference between the
commercial nodes is five minutes of driving time. The people who work in Birch
Bay can't afford the housing in Birch Bay. They live in the recreational vehicle (RV)
parks. Include affordable and multi - family housing.
Art Thomas, 2620 Island View, Lummi Island, stated there is a lack of a
transportation element in Lummi Island Subarea Plan. The blame lands on the
Planning Committee for the plan. He was asked to be the chair of the
Transportation subcommittee for the Lummi Island Planning Committee. They held
several monthly meetings. However, the Lummi Island Planning Committee did not
allow the Transportation Subcommittee recommendations to be discussed. The
blame for lack of a transportation element lies solely on a few committee members
who selfishly wanted to use it to control growth. He took the information his
subcommittee gathered, approached another island committee, and approached the
County. The County prepared a short survey of the community members what they
want for transportation. The transportation element will complement the land use
plan as soon as the Public Works Department and County Planning Department can
work with the transportation subcommittee.
Linda Tucker, 4371 Bay Road, Blaine, stated she is against extending the
urban growth area boundary in Birch Bay at Alderson Road and Blaine Road. She is
also opposed to Ellen Shea's project for the spa.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated he would like a report on
how the Council is facilitating the BP co- generation issue.
McShane stated it is not an issue before the Council tonight. It was before
the Committee of the Whole and discussed in executive session. He's not aware of
the discussion that was held because he did not participate. Wiesen asked if the
Whatcom County Council, 3/23/2004, 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.
general public understands the position the County is taking on that facility. He
asked if they remember the Port's report on the clusters of industries that could
possibly be in Whatcom County. There's not many they can attract. However they
do have one of those clusters, and it is the highest paying industry of them all.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.24, FRANCHISE
REQUIREMENTS (AB2004 -114)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to adopt the ordinance.
Crawford asked for a staff report. He's not clear why they need to update it.
Dana Brown - Davis, Clerk of the Council, responded (inaudible).
Motion carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through four.
Motion to approve the Consent Agenda carried unanimously.
1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON THE
SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NUMBER 01 -04 (AB2004 -141)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND EES
CONSULTING, INC. TO ASSIST LEAD ENTITY IN COORDINATING AND
FACILITATING LOCAL REVIEW AND RANKING PROCESS FOR ALL
SALMON HABITAT PROJECTS TO BE SUBMITTED TO THE SALMON
RECOVERY FUNDING BOARD, IN THE AMOUNT OF $47,333 (AB2004-
142)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND VP
CONSULTING, INC., TO IMPLEMENT A COUNTY -WIDE DOCUMENT
IMAGING SYSTEM, IN THE AMOUNT OF $257,000 (AB2004 -143)
Whatcom County Council, 3/23/2004, 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.
4. RESOLUTION SUPPORTING FAIR HOUSING IN WHATCOM COUNTY
(AB2004 -144)
OTHER ITEMS
1. PRESENTATION, DISCUSSION, AND APPROVAL OF
RECOMMENDATIONS OF THE FINAL DRAFT OF THE SALMON
RECOVERY INTERLOCAL AGREEMENT BETWEEN THE LUMMI NATION,
NOOKSACK TRIBE, WASHINGTON STATE DEPARTMENT OF FISH AND
WILDLIFE, WHATCOM COUNTY, AND THE CITIES OF BELLINGHAM,
BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS
(AB2004 -115)
Roy reported for the Natural Resources Committee and moved to approve
recommendations of the interlocal agreement.
Motion carried 6 -1 with Crawford opposed.
2. JONES CREEK DEBRIS FLOW STUDY PRESENTATION AND
DISCUSSION OF MITIGATION OPTIONS AND POTENTIAL LAND USE
IMPLICATIONS (AB2004 -140)
Roy reported for the Natural Resources Committee.
Crawford stated the committee's action was to agree to the overall direction,
and send it to the Flood Control Zone District Advisory Board, which would develop
specific recommendations for the area and senf them to the County Council.
3. ORDINANCE AMENDING THE 2004 BUDGET, THIRD REQUEST
(AB2004 -138)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt the ordinance.
Motion carried unanimously.
4. 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 was amended and will be scheduled for a public hearing on April 6.
S. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN (AB2004-
121)
Whatcom County Council, 3/23/2004, 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.
Fleetwood reported for the Planning and Development Committee and stated
this item is held in committee.
6. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TEXT AND MAP REGARDING THE BIRCH BAY URBAN GROWTH
AREA (AB2004 -122)
McShane stated this item is held in committee.
INTRODUCTION
McShane moved to accept the Introduction Items, including the addendum.
Motion carried unanimous /y.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.060,
INITIATIVE, REFERENDUM, AND RECALL — FORM OF PETITION
(AB2004 -145)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM POINT ROBERTS TRANSITIONAL ZONE (TZ) TO
RESIDENTIAL RURAL — 1 DWELLING PER ACRE (RR1) FOR
APPROXIMATELY EIGHT ACRES (AB2004 -146)
3. ORDINANCE ADOPTING A REVISED LUMMI ISLAND SUBAREA PLAN
WITH REVISIONS TO CHAPTER 20.34 OF THE WHATCOM COUNTY
ZONING ORDINANCE (AB2004 -147)
4. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NUMBER 01 -04 (AB2004 -141A)
Addendum
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 12.44 TO CLARIFY
PROCEDURES FOR FILING OF APPLICATION SUMMARIES AND OTHER
MISCELLANEOUS CLARIFICATIONS (AB2004 -104)
OTHER BUSINESS
(Clerk's Note: End of tape one, side A.)
McShane stated they need another public hearing at 5:30 p.m. on April 13 in
the County Council Chambers to hear public comments on the Lummi Island
Subarea Plan.
Whatcom County Council, 3/23/2004, 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.
OTHER ITEMS
Addendum:
7. RESOLUTION SUPPORTING WHATCOM COUNTY'S CONTRACTUAL
RIGHTS IN THE AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES
(AB2004 -149)
McShane stated this is very similar to a resolution the Council passed a few
weeks ago. It puts emphasis on an interagency agreement from 1992. This issue
will be before the Board of Natural Resources in one week. He'd like the Board to
receive this resolution before its decision. They expect that the County's
contractual right will be fulfilled.
Nelson asked if legal counsel reviewed the resolution.
McShane stated legal counsel reviewed the resolution and made suggestions
for changes. The first resolved statement was kept as it is and not changed per
legal counsel recommendation. He wanted to keep the language broad. The
County and State Department of Natural Resources (DNR) is to initiate a joint
planning process to promote a formal forest management plan for public lands in
the Lake Whatcom watershed to accomplish County and DNR goals. He moved
approval.
Motion carried unanimously.
OTHER BUSINESS
Crawford stated he and Councilmember Brenner have a vacancy on their
committees created by Councilmember Nelson's Army service.
Caskey- Schreiber nominated Councilmember McShane to serve on the
Finance Committee and Public Works Committee, to replace Councilmember Nelson.
Nomination of McShane to the Finance Committee and Public Works
Committee carried unanimously.
McShane stated Councilmember Nelson's position on the Public Health
Advisory Board needs to be filled also.
McShane moved to appoint Councilmember Caskey- Schreiber to the Public
Health Advisory Board.
Motion carried unanimously.
Whatcom County Council, 3/23/2004, 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.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 7:58 pm.
Jill Nixon, Minutes Transcription
The Council approved these minutes on April 6 , 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 3/23/2004, Page 8