HomeMy WebLinkAboutCouncil May 4 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
May 4, 2004
Council Chair Dan McShane called the meeting to order at 7:08 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
ANNOUNCEMENTS
McShane announced that there was discussion regarding 3 possible land
acquisitions (AB2004 -018) and discussion with Chief Civil Deputy
Prosecutor Randall Watts regarding pending litigation (AB2004 -018) in
executive session during the Committee of the Whole meeting.
FLAG SALUTE
SPECIAL PRESENTATION
1. ANNUAL UPDATE FROM THE BELLINGHAM - WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE (AB2004 -188)
Jay Clements, Domestic Violence Commission member, gave a report on
progress since last year. He gave a history of the commission. They receive
funding from two primary sources, the County and the City of Bellingham. The
commission also receives special funding from other sources for special projects.
The last five years, their work has focused on strengthening community response,
education, and collaboration efforts. A strategic planning process started last year
and finished this year. Goals resulted from the strategic planning process.
The first goal is to play a lead role in understanding domestic violence in the
community. They have to understand the problem before they can solve it. In
support of this goal, the commission completed a survey a couple of years ago.
They're using the survey results to jump -start initiatives this year. The commission
also recently completed a compilation of Whatcom County domestic violence data.
Whatcom County Council, 5/4/2004, 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.
The second goal is to increase community education and awareness. If the
community is more aware and educated, it increases the commission's chance of
being successful and creating change in the community. They support this goal by
making presentations throughout the county and by reissuing its resource
handbook on domestic and dating violence.
The third goal is to be known as an influential leader on domestic violence
issues. The commission collaborates with key groups in the community to enhance
outreach programs.
The fourth goal is to become financially stable and self- sustaining. This year,
the commission created a business committee that will create a yearly three -year
business plan. The committee will also go after government grants and private
funding.
The last goal is to promote an integrated community response to domestic
violence. There will be continued safety audits and collaboration with law
enforcement agencies. The commission recently met with law enforcement groups
in the county to discover ideas that would better assist law enforcement approach
domestic violence issues. The result from that meeting was that the commission
would be a resource for law enforcement to use to respond to a major domestic
violence incident that may happen in the county.
He described the membership of the commission, which is comprised of
community and government representatives. There are doctors, lawyers,
government employees, pastors, educators, major community employers, service
treatment providers, and business leaders. A strength of the commission is that it
includes a wide variety of perspectives from its membership. The membership
includes very dedicated and compassionate people. He thanked the County Council
for its support.
Sue Parrott, Bellingham - Whatcom County Commission Against Domestic
Violence Director, asked if the commission is on the right track and is making a
difference. It's important to ask that question. In addition to the three focus
points of education, collaboration, and strengthening community response, it's
important to recognize that things aren't always black and white. There aren't
always clear cut ways to do things. The challenge is to ask if their practices and
policies are taking them in the right direction. That can be hard for people to do.
The purpose of the community survey project was to identify barriers to
abuse disclosure. One reason for a victim to disclose abuse is if someone asks the
victim. Therefore, they've begun a pilot program to develop routine screening for
domestic violence at healthcare providers.
The domestic violence safety and accountability audit was discussed in this
morning's Finance Committee. The four audited agencies have been phenomenal in
Whatcom County Council, 5/4/2004, 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.
their responses to the audit recommendations and their willingness to implement
the recommendations. They are about done with implementation. With the
exception of a few recommendations, some of which are resource - dependent,
almost every recommendation will be implemented by this fall. The commission is
in the process of beginning another audit of the Whatcom County Prosecutor's
Office, City of Bellingham Prosecutor's Office, and Whatcom County District Court
Probation. The process will audit the case processing of domestic violence cases,
putting victim safety and offender accountability central issues.
A second edition of the resource handbook was published in the fall. The
commission distributed almost 3,000 copies to providers around the community. It
is available online. The material is not copyrighted, and is available for people to
copy and use.
The report on domestic violence in Whatcom County is the first attempt to
pull together data on domestic violence. The commission will do it on an annual
basis. Now, it is being used for education. As they gather more meaningful data,
she hopes that it will be used to change system protocol.
The commission has to select its priorities and areas of focus. The strategic
plan is available for review. If the Council has input on areas it thinks the
commission should focus, she would welcome that feedback.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
Motion carried unanimously.
1. WATER RESOURCES WORK SESSION FOR APRIL 13, 2004
2. COMMITTEE OF THE WHOLE FOR APRIL 20, 2004
3. REGULAR COUNTY COUNCIL FOR APRIL 20, 2004
OPEN SESSION
The following people spoke:
Todd Manrell, Point Roberts Economic Development Committee Chairman,
submitted written testimony (on file). Over the last several Council meetings, there
have been discussions about Point Roberts on tree retention and an archeological
study. There has been reference, recorded in Council minutes, suggesting that the
Point Roberts Economic Development Committee supported the tree retention and
archeological initiative. Tonight, however, he presents the committee, which
Whatcom County Council, 5/4/2004, 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.
includes 17 members representing 17 organizations in the community, in saying
that the committee has never taken a position on the issues. The individuals may
have their views, but the committee itself has never taken a position. This
committee has existed now for almost five years. Most of the members have
participated since the beginning. The committee meets monthly. They deal with
the narrow focus of economic development issues. Those 17 members believe
Point Roberts is somewhat economically depressed. They're trying very hard to find
economic development relevance in the community while preserving the community
qualities, such as trees. The bottom line is that it's a very challenging exercise.
The Council's understanding of who the committee is will help the committee move
forward with economic improvements in the community.
Dennis Jones, Sudden Valley, stated he would speak on watershed issues and
governance for next year. First, don't trust the Sudden Valley Community
Association Board of Directors. One hundred ten votes bought the election. Next,
Robin Matthews from Western Washington University has put together an
integrated website on water quality that includes the State Department of Ecology
total maximum daily load information. He hoped County planners keep track of
that information. There's no doubt that the rate of decline of oxygen has risen
rapidly last year. Keep an eye on it. Also, Sudden Valley is in need of a new
governance system. He thanked the County for supporting them. The watershed
as a whole is the County's cause.
Lincoln Rudder, 8373 Semiahmoo Drive, Blaine, stated the Birch Bay
Community Plan is in violation of six principles of the Growth Management Act. The
first is that there is no rural zoning separating the Birch Bay boundary from the
Blaine urban growth area (UGA). The second is that the two - tiered principle of
infilling the short term before designating the long term UGA has not been
observed. Third is that the aquifer not protected as required by the act. Fourth is
that the formula used to justify the size of the UGA is not in compliance, leaving the
UGA larger than needed for the 20 -year growth projection. Fifth, the UGA contains
extensive wetlands and critical areas that should have been excluded. Sixth, the
Capital Facility Plan does not plan for needed infrastructure. The reason these
issues are in conflict are because of the 50 percent seasonal occupancy rate
adjustment the plan makes. According to Bill Grant, 50 percent of all residents are
recreational travel trailers in Birch Bay. The other 50 percent are mostly cottages
built in the 1950's and 1960's, and bought in the 1970's and 1980's. That process
accelerated in the 1990's when the Canadian exchange rate rapidly changed. It's
not logical to expect that most of the people currently living in Birch Bay can afford
to invest $200,000 or more for the new homes being built as summer homes. The
50 percent occupancy factor is a historical aberration from the fact that the
cottages and travel trailers do make nice second homes and weekend homes. It's a
different assumption that pricey new homes on rural annexed land will bring that
many Americans who want a second home of that value. Also, look into the issue
of rural character versus rural zoning. There is a movement to create a buffer
using a bike path. It is inaccurate and incomplete.
Whatcom County Council, 5/4/2004, 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.
Mike Kaufman, Huntley Road, stated there is a study for a commerce
corridor. It's a study in conjunction with the State Department of Transportation
(DOT) and private industry to study the feasibility of a massive commerce corridor
from Canada to Mexico. The corridor could be an interstate that dwarfs the size of
Interstate 5, complete with railroad and utility corridors. The study is a public and
private effort. They're looking for people to sign up and commit to the project. The
study has been funded by the State legislature to the end of the year. They are
looking for public comment due mid -July and October. The Mount Baker Foothills
Economic Development Association is taking a lead. On June 24 from 3:00 p.m. to
9:00 p.m. will be a symposium for people to step forward and share their thoughts
on the project.
Barbara Skudlarick, 8361 Semiahmoo Drive, stated she has concerns about
the Birch Point neighborhood. She presented a history timeline of the Birch Point
area. A past letter from a senior licensed geologist who studied the area
determined that the Birch Point area will not support a density of four houses per
acre without major impacts to the shoreline and the point on Semiahmoo
properties. Banks located along the shoreline have suffered slippage in the past
few years. Be aware of this. The concerns are founded on actual events and
geological studies of the property and shoreline. The Birch Point neighborhood is
concerned about drainage from upland land masses, bank stability along the
shorelines, and water quality. Trillium filed a forest practice application to log over
550 acres of forested area in 2002.
Dick Skudlarick, 8361 Semiahmoo Drive, stated that from 1997 to 2004,
over 353 letters, emails, and memos have been written from the Birch Point
community to Whatcom County, the State Department of Natural Resources (DNR),
City of Blaine, and Birch Bay Steering Committee about the negative impact of high
density development and logging on surface water, shallow groundwater, bank
stability, water quality, and the lack of a buffer between the Birch Bay and Blaine
UGA's. Several geologists in different studies have come up with the same
information, but the Birch Bay Steering Committee was not interest in the study
results. He asked what more the community should do to get involved. The
argument is that the steering committee has worked on this plan for four years and
the Birch Point neighbors have never expressed their views. That is not true. They
have been actively involved for seven years. The Birch Point group has spent a lot
of time and money to have experts study the area and make professional,
unemotional recommendations to help the community solve this problem. Do the
right thing by taking the Lincoln Road and Birch Point areas out of the proposed
Birch Bay UGA. The Puget Sound Action Team should give a presentation to the
Council about the connection between stormwater runoff and the destruction of the
shellfish beds, causing a major impact to the largest recreational shellfish industry
area in the state. According to the presentation, Birch Bay is one step away from
being polluted. Drayton Harbor has been polluted for ten years, and they're just
now getting things stable.
Whatcom County Council, 5/4/2004, 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.
Patty Rudder, 8373 Semiahmoo Drive, stated the infrastructure of the plan is
not properly addressed. Included in the plan was $79 million to support the needs
of a community of a projected 9,619 people, which is half the money Blaine needs.
The County recommended adding dollars to protect Birch Point from bluff erosion
and stormwater runoff and to protect habitat, aquifers, shellfish, and rural buffers.
However, they haven't added money for it. They have to be able to make the Birch
Bay Subarea Plan workable. The plan includes a policy for stormwater runoff, but
there is no money in the budget for it. Look at the facts and studies that have been
done. Remove the area from the UGA.
Tom Hollad, 380 West Bluff Road, Point Roberts, stated he speaks on behalf
of the Point Roberts Voter Association and many citizens on the Point. His
neighborhood is developing a rural community advisory committee consistent with
the Birch Bay plan. He presented a map of six neighborhoods in Point Roberts from
where two representatives each will be elected or appointed. The point is to get the
community working together for a common cause. Take the special interest groups
and people who are not citizens of the Point out of the issue, and give it back to the
citizens. He wants to know from the Council how to get better and to structure the
committee to be more helpful to the Council. This neighborhood group has a
blessing from the Planning Commission. The committee will also include three at-
large residents. The committee should consist of United States citizens. That
doesn't mean that non - citizens have a voice. They can participate at the meetings
and with the Council directly.
John Lesow, 317 Madrona Place, Point Roberts, stated he attended the March
9 meeting that included an item regarding tree retention, of which he is in favor. A
comment was made at that meeting that the Point Roberts Economic Development
Committee was the most inclusive group at Point Roberts. That is a surprise to
him. The members are not elected. The committee does not have open meetings.
It has morphed into an organization that claims it is all- inclusive. He agrees with
the March 25 memo from Amy Pederson on the guidelines for allocation of funding
for rural community advisory committees, of which the Point Roberts Economic
Development Committee would be included. He specifically agrees that the
meetings be open to the public, are conducted according to Robert's Rules of Order,
and that the groups be representative. He challenges that the Point Roberts
Economic Development Council is truly representative. Regarding the memo,
appointees to these committees must be made by the Council if the County is going
to provide taxpayer funds to these rural advisory committees, similar to the way
planning commissioners are appointed. These are County funds they're using. It
should not go to unelected, unrepresented economic development committees.
L. Johnnie, 2616 Kwina Road, Bellingham, stated he is a representative of
the Lummi Nation and the Shlanging Director for Lummi Nation. He referenced the
proposal to remove Whatcom County Code 20.72.652 regarding archeological
resources. For many years, the Lummi Nation has spoken about issues with and
concern about areas of significance in the Point Roberts area. The archeological
resource section should remain in the ordinance. It is consistent with the Growth
Whatcom County Council, 5/4/2004, 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.
Management Act, Shoreline Plan, and the SEPA process. It facilitates a process to
achieve the identification of culturally significant areas, and provides preservation
efforts. It is a noteworthy effort by the County. Make an informed decision before
considering removing that section of the code. The Lummi Nation has many
concerns in that area. That entire peninsula is significant.
(Clerk's Note: End of tape one, side A.)
Johnnie continued to state he encouraged the Council that archeological
resource protection remain in the code.
Sharon Crozier, Bellingham, stated she would talk about boats on their
drinking water. The County doesn't want to meet with the City of Bellingham to
discuss the matter. There are 85,000 people who drink that water, and there will
only be more. The County Council does not want to talk about the issue. It's
getting frustrating that she has to do the councilmembers' job. She wasn't elected,
but she cares enough about this issue to do it. People are collecting signatures, but
they may not get enough signatures. They can't stand in front of 10,000 by the
deadline, but that doesn't mean that people don't want to ban boats. She's up
against money. They're up against the same people they were against in 1999,
who swayed the Council on this issue then. Money and people who scream
shouldn't win this issue. The people who drink water should win. She depends on
the Health Department. The Revised Codes of Washington (RCW) are in place. If
this doesn't pass, she'll be back next year. Have Robin Matthews talk to the
Council.
McShane stated Robin Matthews will address the County Council on June 1,
2004 at the Natural Resources Committee at 9:30 a.m.
Tom Edwards, 3256 Balch Road, Lummi Nation, asked the County Council to
support Whatcom County Code (WCC) 20.72.625 regarding the archaeological
resources. Archeological resources are vital to know who they are and where they
come from. This code will protect these areas. Keep the archeological section in
the ordinance. The County Council will run into undiscovered areas that will block
projects. The Lummi Nation wants to work together to protect the resources.
Encourage others to work with the Lummi Nation and Nooksack Tribe on any
amendments to the ordinance. If they are involved in every step in the process,
they can work together.
Fritz Mueller, Point Roberts, stated there is a problem with a tidal ditch on
the north side of the dike on the south side of Point Roberts. The ditch is supposed
to drain the stormwater at low tide. It was built during the time the dike was built.
There is a large outfall pipe near the marina that has a backflow at the end. At low
tide, the accumulated stormwater is supposed to drain through it. The ditch has
not been serviced. It is getting wider and deeper as it approaches the pipe. On the
east side it is narrower, and silt is accumulating. The ditch is filling up and choked
with water plants. Water flow is impeded. The water rises and now the area has
Whatcom County Council, 5/4/2004, 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.
become a wetland. People in the area can't get septic permits. The canal was
never intended to be a wetland. It's supposed to be a free - flowing water body. He
asked the Council to contact the Engineering Division to get the ditch cleaned out
so that the water can flow as it should. Because it is such a mess, people have
been dumping garbage in the ditch.
Linda Tucker, 4371 Bay Road, Blaine, stated the Council is working on the
Birch Bay Subarea Plan. She is in favor of taking out Birch Point from the urban
growth area (UGA). Don't add 100 acres in that area. The Birch Bay area is all
wetlands. Don't allow so much mitigation for wetlands. Infill to accommodate
population growth. Don't extend the UGA.
Michael Rosser, Point Roberts, stated he wants to talk about the resolution to
docket the WCC 20.72.652 regarding archeological resources. This issue will be
before the Board of Taxpayers for Point Roberts. There is a lot of debate on both
sides. He will make a recommendation based on what he hears. Don't docket this
item for removal. It is being applied to Point Roberts more than the rest of the
county, for good reason. Most of the archeological sites are in Point Roberts.
There are about five times as many than in the rest of the county. It covers about
420 acres. Shorelines, which is about 13 percent of Point Roberts, are already
covered. These regulations are duplicated from the State Environmental Protection
Agency (SEPA), and the County is taking this on proactively. Lily Point is the 900 -
pound gorilla in the room. Many people don't know where these archeological sites
are located. They are secret to prevent looting and vandalism. That is a good
reason to keep them secret. If people starts investigating, they'll find that most of
it is in Lily Point. Preserve Lily Point, and a lot of these problems will go away.
He's happy to see the Lummi Nation people at this meeting. He asked the County
Council to get together with the Taxpayer's Association to help purchase Lily Point
and put an end to a lot of these development issues. Respect archeological
resources because they belong to someone else.
Fleetwood asked if Lily Point is in multiple ownership. Rosser stated there
are presently five owners. One owner owns half of the area. The other half is
owned by a consortium of four owners.
PUBLIC HEARING
1. ORDINANCE CONTINUING A MORATORIUM ON APPLICATIONS FOR
CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER
TRANSMISSION LINES OF 115,000 VOLTS OR LESS, DESIGNED TO
CARRY 100 MEGAWATTS OR GREATER LOADS, EXCEPT IN THOSE
DISTRICTS CLASSIFIED AS INDUSTRIAL (AB2004 -167)
McShane opened the public hearing and the following people spoke:
Whatcom County Council, 5/4/2004, 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.
Ray Trzynka, Puget Sound Energy, stated the Council previously asked that
the Planning Commission consider this issue. The Planning Commission workload is
heavy, but the review is moving along. One more extension to the moratorium
should be enough time for them to complete the permanent ordinance.
Mike Kaufman, 1620 Huntley Road, stated the word "average" has been
inserted in the document in relation to time. They've had to agree on the definition
of "average" and settled on 60 days. This issue goes to the Planning Commission
on May 13, 2004. It's important to have land use language in place. It will
strengthen the County's position. Please extend the moratorium.
Hearing no on else, McShane closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance.
Motion carried unanimously.
CONSENT AGENDA
Crawford 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. RESOLUTION ESTABLISHING CRP NO. 904008 AND AWARDING THE
BID FOR THE SUBDIVISION OVERLAY, CRYSTAL AND MAPLE
BEACHES, PT. ROBERTS, TO THE LOW BIDDER, WHATCOM BUILDERS
INC., IN THE AMOUNT OF $319,405 (AB2004 -190)
2. RESOLUTION ESTABLISHING CRP NO. 902004 AND AWARDING THE
BID FOR THE LAKEWAY DRIVE /TERRACE AVENUE OVERLAY FROM
BELLINGHAM CITY LIMITS TO LAKEVIEW STREET TO THE LOW
BIDDER, WHATCOM BUILDERS INC., IN THE AMOUNT OF $281,413
(AB2004 -191)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND WHATCOM COUNSELING & PSYCHIATRIC CLINIC FOR MENTAL
HEALTH SUPPORT SERVICES, IN THE AMOUNT OF $36,068 (AB2004-
192)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
30 TO THE LOWEST BIDDER, WILDER CONSTRUCTION, FOR THE
ASPHALT CONCRETE OVERLAY AND PRELEVEL AT MISCELLANEOUS
COUNTY LOCATIONS, IN THE AMOUNT OF $662,620 (AB2004 -193)
Whatcom County Council, 5/4/2004, 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.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
40 TO THE LOWEST BIDDER, PACIFIC CONCRETE INDUSTRIES, INC.,
FOR THE SUPPLY OF PRECAST CONCRETE GIRDERS, IN THE AMOUNT
OF $78,552.35 (AB2004 -194)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
44 TO THE ONLY BIDDER, WASHINGTON CULVERT, FOR THE ANNUAL
SUPPLY OF ALUMINIZED AND GALVANIZED CULVERT, IN THE
AMOUNT OF $51,359.57 (AB2004 -195)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF LIGNOSITE FROM SOLE SOURCE MEENDERINCK LLC
FOR DUST CONTROL ON COUNTY ROADS IN THE AMOUNT OF $85,000
(AB2004 -196)
OTHER ITEMS
1. DISCUSSION REGARDING WRIA 1 WATERSHED MANAGEMENT
PROJECT (AB2004 -025A)
Roy reported for the Natural Resources Committee and stated the committee
was updated on section four and appendix K.
Nelson asked if there was any discussion of the groundwater study
methodology.
Caskey- Schreiber stated the groundwater issue goes to the funding issue.
Nelson asked if they have anything concrete on it yet.
Caskey- Schreiber stated they do not.
2. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN (AB2004-
121)
Fleetwood reported for the Planning and Development Committee and stated
this item is held in committee for the meeting on May 18. The Puget Sound Action
Team may present to the Natural Resources Committee in the future.
3. DISCUSSION REGARDING THE SCHEDULING OF A LAND USE TOUR
AND PLANNING EDUCATION PROGRAM (AB2004 -017)
Fleetwood reported for the Planning and Development Committee and stated
a land use tour is scheduled for June 22 at 11:00 a.m. to see developments that
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are examples of low- impact development. The water resources work session for
that day would begin at 9:00 a.m.
4. APPOINTMENT TO THE SURFACE MINING ADVISORY COMMITTEE,
APPLICANT JERRY VANDELLEN FROM THE WHATCOM CONSERVATION
DISTRICT (AB2004 -187)
Brenner moved to appoint Jerry Vandellen.
Motion carried unanimously.
S. RESOLUTION CALLING FOR THE ELECTION OF A CHARTER REVIEW
COMMISSION (AB2004 -189)
McShane moved to approve the resolution.
Motion carried unanimously.
6. APPOINTMENT OF ONE COUNCILMEMBER TO THE NORTHWEST
REGIONAL SUPPORT NETWORK (AB2004 -022) NORTH WEST
REGIONAL SUPPORT NETWO NORTH SOUND MENTAL HEALTH
AGENCY
Nelson nominated Councilmember Roy.
Nomination carried unanimously.
7. APPROVAL OF LETTER TO BE SENT TO DSHS REGARDING THE
IMPENDING CLOSURE OF THE MARTIN CENTER (AB2004 -198)
Brenner moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items
Caskey- Schreiber withdrew item one.
Motion to accept items two and three carried unanimously.
1. RESOLUTION INITIATING THE DOCKETING OF A ZONING TEXT
AMENDMENT TO THE WHATCOM COUNTY CODE, TITLE 20, TO
REMOVE SECTION 20.72.652, ARCHEOLOGICAL RESOURCES
(AB2004 -162)
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Caskey- Schreiber stated the Council has dealt with this issue twice before.
She's not sure why it's coming forward again. She liked the code. This is
important to the Lummi Nation. The Council can look at some areas in the Lummi
Island Subarea Plan to further apply the code. The code is something the County
should have been doing all along, and could have saved some hardship for
situations such as the City of Blaine's siting of a sewage treatment plan. An ounce
of prevention is worth a pound of cure. In the Point Roberts area, the archeological
overlay area affects only an additional nine percent of the land.
Brenner stated that they would eliminate oversight by eliminating this code.
The State already requires oversight. This goes further than the State's
requirement. Many people have had hardships due to this code. The diameter is
1,000 feet, not 500 feet. She's in favor of protecting archeological areas, but this
code goes further than they need to. Let this code go back to the process.
Something like 300 people in Point Roberts signed a petition on this. The Council
should give them their day to speak.
Nelson asked the process. He asked why the Council is looking at this again,
and who is initiating this item.
Brenner stated Councilmembers Brenner, Crawford, and Nelson are initiating
this resolution.
Nelson stated the Planning Department had a letter he is interested in. He
asked if the Planning Department has had difficulty administering this code.
Amy Pederson, Planner I, stated the memo from today was a follow up to the
March 9 discussion of the Planning and Development Committee. There have been
questions regarding the applicability of archeological resource review to Point
Roberts. Councilmembers requested additional information, which she provided in
her memo. She is not aware of any problems with administering the current code.
Sylvia Goodwin, Planning Division Manager, stated the Planning Department
has not had a lot of problems administering the existing code. There are citizens
from Point Roberts who don't like the code, but it hasn't been difficult to
administer. Additional information for the Point Roberts folks might help them
understand the issue.
Nelson stated he is concerned that there seems to be some greater
applicability to certain areas over other areas. He would like to review the code in
terms of fairness of applicability and that it can technically and legally be
administered. Goodwin stated Ms. Pederson's memo has a lot of information about
why Point Roberts is different from other areas in the county.
Brenner stated she initially supported this item initially because staff told her
it just codifies State law. According to people in Point Roberts, the code goes
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further than State laws. Codify State law only. The only way they're going to get
to the bottom of the issue is to docket it.
Crawford stated he voted against the ordinance to begin with. Right now,
the Council is not voting for or against the item. They're voting to take a look at
this. A lot of people have contacted the Council, and it deserves another look.
Caskey- Schreiber stated the State Historic Preservation Officer Allison Brooks
commended Whatcom County for going beyond State law and recognizing the
cultural significance of this area. There are many instances in which Whatcom
County doesn't adhere to State law. Whatcom County has higher standards than
what the State has. There's nothing wrong with that. The County began this
requirement in Point Roberts, but if there is another area in Whatcom County that
may have cultural significance to the tribes, the County ought to heed what the
tribes say and do a government -to- government discussion about what they
envision. There is no harm in it if it will protect someone's cultural heritage. It was
supported initially by the Taxpayer's Association initially. It was in the subarea
plan, which went through a big planning process that included numerous meetings.
McShane stated this issue came up in March. The Planning and Development
Committee held a discussion on it then, and didn't make a recommendation. When
the item was first passed, it may not have gotten the scrutiny that some people
have complained about. The All Points Bulletin has reported on what can go wrong
when someone hasn't done an assessment, is surprised by having dug up graves,
State law is applied, and that person's project is shut down. It is an unfortunate
circumstance when that happens. The Council has reviewed this already. This
information that has been brought forward has been helpful. He supports not
introducing this item.
Brenner stated this item didn't go through the scrutiny originally. The tribes
were a part of this. This was done in a neighborly way. The neighbors left out
were many of the Point Roberts neighbors. This issue deserves to have time spent
on it.
Fleetwood stated he's always supported the archeological resource provision,
provided there is good and sufficient reason on the record for why the County
treats Point Roberts differently from other places in the county that don't have an
archeological resource provision. After some inquiry and seeing the memo
submitted, he is satisfied there is good reason for treating Point Roberts differently.
This issue has been scrutinized. There have been multiple opportunities for the
public to be aware of and comment on the issue. He will support not introducing
the item.
McShane stated that councilmembers in favor of introducing this item should
vote yes, and councilmembers opposed to introducing this item should vote no.
(Clerk's Note: There was no motion to introduce this item.)
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The vote to introduce this item failed 3 -4 with Nelson, Brenner, and Crawford
in favor of introducing this item.
2. ORDINANCE AMENDING THE 2004 WHATCOM COUNTY BUDGET,
FIFTH REQUEST (AB2004 -197)
3. ORDINANCE ADOPTING A BIENNIAL BUDGET PROCESS BEGINNING
WITH FISCAL YEARS 2005 AND 2006 (AB2004 -199)
OTHER BUSINESS
McShane stated there was a conversation in Finance Committee today
regarding emergency medical services (EMS). There is a draft contract being
developed. The contract will be for a financial commitment for six years, to the
year 2010, for EMS services. The contract would begin at the current funding level,
with a 5.9% increase per year during the contract length. He is opposed to that
increase. It doesn't send the message that the County will be extracting itself from
continuing to fund EMS. Use this six -year contract as a bridge, but don't increase
funding every year, which will take away the motivation for resolving some of the
funding issues associated with EMS. The idea is that the City of Bellingham would
continue to provide EMS service into the county at a declining service level, unless
districts or the County provides extra money. They need to talk with
administration.
Caskey- Schreiber asked that discussions on this issue be formally scheduled
on the Council agenda so that she can attend and be aware of the meetings.
Nelson asked if Cascade Ambulance is involved in the discussion.
Dewey Desler, Deputy Administrator, stated the administration has had some
meetings with Cascade Ambulance representatives. In terms of the discussions
that have happened to date, the formal discussions have included representatives
of the fire districts, Whatcom County, City of Bellingham, and attorney Frank
Chmelik.
Nelson stated that if they are going to do a comprehensive approach, they
need to look at all of the resources. He wants to know the resources and
capabilities of Cascade Ambulance during the planning process.
Brenner asked that Cascade Ambulance representatives be invited to any
future meetings on the issue.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
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There were no reports or other items.
ADJOURN
The meeting adjourned at 8:37 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on May 18 , 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 5/4/2004, Page 15