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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
Special County Council
March 16, 2004
Council Chair Dan McShane called the meeting to order at 6:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
Absent:
L. Ward Nelson
1. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN
(AB2004 -121)
McShane stated that since this is a big plan, the Council is just going to take
comments. No decisions will be made tonight. The hearing is scheduled to last no
longer than three hours. Additional comments will be accepted in writing. If there
is a large group of individuals who support the same position, the Council
encourages the group to choose one or two representatives to speak for the group.
McShane opened the public hearing and the following people spoke:
Dr. Jack Shupe, 2335 Vining Street, Bellingham, stated he is a
psychotherapist and naturopath. He has been working with Ellen Shea on the spa
that she proposes at Birch Bay. The spa is planned to incorporate nature. It is not
another housing development. This is something the Birch Bay community and all
of Whatcom County can use. It is a local spa that people can use rather than
traveling long distances for that service. Have that place in nature people can go
to for health care.
Ellen Shea, Jacobs Landing, Birch Bay, asked the Council to consider adding
a section to the Birch Bay Subarea Plan that would include rezoning of the ten acre
estate at Birch Point from urban residential, four units per acre (UR -4) to resort
commercial with a concomitant agreement. Some of the testimony the Council will
hear will be factual, and some will be based on fear and misinformation. She
submitted information (on file). Her proposal does not contribute to urban sprawl,
especially since the area is in the urban growth area. There's been a lot of
publicity about the neighborhood being opposed to the project. However, people in
the community aren't opposed to the project.
The proposal is for a retreat getaway. It will be a place for people to walk
through the woods, lay in a hammock, get a massage or facial. They won't wander
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, 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 neighborhoods. They want to get away from people. At some point she wants
to put in a walkway to the beach, but she's not sure if it's feasible. There won't be
parties on the beach, but people may walk along the beach.
The property is very secluded and nobody will even know they are there.
Trees surround the property. Her information includes a list of how the proposal
relates to the Birch Bay Subarea Plan and Comprehensive Plan.
Bob Bailey, Edison Engineering, 15485 Colony Road, Bow, stated Ms. Shea
asked Edison Engineering to address neighborhood concerns regarding soil and
water for this proposal.
Soils in the area are mapped. He gave a history and explanation of the soil,
land, and water flow. He read from his geological report that is included in Ellen
Shea's information (on file).
McShane asked if the emphasis of the report was that the impact of
development causes some slope stability problems. Bailey stated that's correct,
especially the deeper groundwater that can't be managed. The shallow
groundwater can be picked up before it soaks in and can be transported safely to
the shore without impacting the slope of the bluff.
McShane asked if this is specific to the Shea property or if this is an issue
bluff -wide. Bailey stated deeper groundwater is an issue bluff -wide. North of the
Shea property, there is no sand and gravel layer. Most of their problem comes
from deeper on the slope. To the south of the property, at least two properties
have surface water that can be collected and isn't part of the problem. The
underlying problem from further back on the slope is still present.
Kathy Berg, 7585 Sterling Avenue, Birch Bay, submitted information (on
file). She is the Birch Bay Community Plan Steering Committee Vice -
Chair /Secretary. She read from her letter. Basic infrastructure must be
addressed. In 2000, 37 percent of Birch Bay addresses were Canadian - owned.
Birch Bay has been a resort community for over 100 years. Tourism is their
business. Birch Bay grew by 87 percent in the ten years preceding the last census.
The steering committee has worked to find consensus. The result is the plan
before the County Council. The overarching agreement is the concern for the bay.
They also desire to see this plan through to implementation. The Planning
Commission was concerned about the plan suggesting neighborhood commercial
nodes instead of a downtown main street. Birch Bay Drive is the closest thing they
have to a main street, which is along the bay and not an appropriate place for
basic services such as grocery stores and a post office. They chose smaller
neighborhood commercial areas to encourage people to bike or walk to shop. She
asked the Council to beef up the capital facilities chapter. The plan contains the
basic elements necessary, but it needs to be put together in one place. They have
several large projects they would like to accomplish.
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, 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.
Ron Bernardin, Coast Construction, 6188 Portal Way, Ferndale, stated he
supports Ellen Shea's project. He's studied the proposal. It is an excellent fit for
the area. It is a low impact and low key project that would keep the area as
natural as possible. His company is a State licensed septic installer, and would
handle the septic installations. Everything would be done according to the State
codes to make sure the project would be done according to all standards. Some of
the neighbors have expressed concerns about increased traffic in the area. In fact,
the traffic in the area would be less than if the lots were allowed to be developed
under current zoning. Ms. Shea intends to keep the property as natural as
possible. She will keep the units in clustered areas and parking would be kept to
one area to keep the property as natural as possible. This is a worthwhile project
to go forward with.
Cathy Seemann, 6057 Birch Point Road, stated she is in favor of the rezone
for the reasons similar to the previous speaker. It will enhance the area and have
fewer impacts. She shares a property line with the project site. She had concerns
in the beginning, but after talking with Ms. Shea, she now supports the plan. The
ten -acre rezone will have restrictions that will stay with the land, even if there is a
new owner. A new owner would have to go through a public process to change the
use, and the neighbors would have a chance to provide input. The fears about a
future use are unfounded. There are already existing features, including a road,
gate, and cedar hedges for buffering the property. When people go to a retreat,
they want to get away. They don't want to get out and harass neighbors. Laundry
will be done offsite. There will be less traffic. The woods will be kept. There will
be trails. It fits the Birch Bay Subarea Plan of creating a resort and tourism area.
It's a special area.
Sandy Bonnickson, 6087 Birch Point Road, Blaine, stated she agrees with
the other speakers. Her house is the closest house to the property on the water
side. It would be very beneficial to the area. The spa's patrons won't have much
of an impact on the neighbors. The project is a positive thing and will be a
wonderful space where people can come and de- stress. It would be beneficial as a
tourist activity for their whole area.
Crawford stated a lot of folks are talking about the spa proposal. It was a
staff recommendation that was brought to the Planning Commission. The Planning
Commission does not recommend the rezone. He asked if it is in the Council's
copy of the plan.
Sylvia Goodwin, Planning Division Manager, stated that the spa rezone is a
requested amendment to the Birch Bay Plan. It is not in the plan now because the
Planning Commission did not recommend approval.
Dieter Schugt, 5560 Bay View Road, Birch Bay, stated he came to this area
in 1987 to be a coordinator of a meditation center on a ten -acre plot that was in
Birch Bay. He went through the conditional use process in 1987. About 100
people were opposed to the meditation center, mostly out of fear of the unknown.
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, 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.
His ten -acres could have been divided into 38 homes. Neighbors have since come
to them and apologized for their initial reaction. His intent tonight is to shed light,
not heat, on the subject. He feels the spa would add to the community's
atmosphere. He urged the Council to approve the rezone.
Gary Tomsic, Blaine City Manager, stated he represents the Blaine City
Council on this issue. He submitted (on file) and read from his testimony. They
support the County's plan of opening Lincoln Road to Blaine Road. They want to
preserve the rural character of Lincoln Road. Establish a rural corridor along
Lincoln Road. Shared driveways, cluster housing, retention of natural vegetation,
and other methods will preserve the rural nature. He asked the Council to not
approve the commercial zoning at Lincoln and Shintaffer roads because it will
intercept area residents from going to Blaine to shop.
Caskey- Schreiber asked if the Blaine City Council approved the position that
they don't want commercial development at the Lincoln Road and Shintaffer Road
intersection. Tomsic stated that is their position.
Crawford asked about the area they want to keep rural. Tomsic stated they
want to maintain the rural character along Lincoln Road. The plan would develop
Lincoln Road from Lincoln Green to Blaine Road. That is a good idea. It will take
traffic off Drayton Harbor Road and divert it to Blaine Road. They just don't want a
freeway developed through the portion of Lincoln Road the County is going to
develop. It should have limited access.
Alan Friedlob, 6934 Holman Avenue, Birch Bay, submitted and read from
information (on file). He fully supports the recommendations and revised findings
from the Planning Commission. He urged the formation of a Birch Bay Beach
Improvement Committee. A Birch Bay Beach Improvement District would be a
special district formed by the Whatcom County government.
Caskey - Schreiber asked if a Birch Bay Beach Improvement District is the
same process as the irrigation district that has been set up.
McShane stated the Council would need to look into the possibility of it.
Shelly Varner, 8057 Anchor Parkway, Blaine, stated she commended
everyone who put the plan together. Consider approving the plan. She is a
resident and business owner in the community. Ellen Shea's new business will
benefit the community economically. The property has been for sale for a long
time. Ms. Shea isn't building something new, but will develop what is there. The
Birch Bay community is a resort area. This is a spa. Visitors will come to the
community to spend money.
(Clerk's Note: End of tape one, side A.)
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, 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.
Diana Campbell, 4426 Carston Loop, Birch Bay, stated Ellen Shea's proposal
would be a huge benefit to Birch Bay. It prevents the property from being divided
into more homes. This project speaks to sustainability for the land as it is
currently used. She encouraged the Council to approve the rezone.
Jo Slivinski, 3920 Silver Beach Avenue, Bellingham, submitted information
(on file). She is building a home 200 feet from where the rezone would be. She
doesn't want a rezone 200 feet from her front door, especially because she bought
her property as a quiet residential area. She was assured by policies and planning
goals of various plans that existing property owners should have predictability.
She is fighting against the rezone, not a spa. Predictability should be one of the
conditions on the Shea rezone. Ms. Shea could have done something similar
without a rezone. There is a bed and breakfast type of approval that could have
been used. However, Ms. Shea wants the rezone to leave the conditional uses
open and available to her. Put all of the uses that don't pertain to the spa on a list
of prohibited uses for this property. The accessory uses needed to run a spa, such
hazardous chemicals, has not been addressed. She wonders if Ellen Shea is being
completely forthright. She doesn't know who Ms. Shea's investors are. The
Planning Commission did not approve the proposal because it is not in sync with
the vision of the majority of the neighborhood. This area should be completely
residential. Her petition currently has 253 signatures, including 184 from the
direct neighborhood and immediately surrounding community.
Kip Lachner, 8563 Semiahmoo Drive, stated his home is nine - tenths of a
mile from the proposed rezone. He is opposed to the rezone. They understand the
growth pressures in the county are great. They are not against change.
Everything must be in its proper place. No zoning changes should be made until
they've decided what will happen because of the 550 acres that was clear cut last
year. There's been a dramatic change in the water table for the property along
Semiahmoo Drive. This project would be better suited in areas that are already
zoned for commercial development in Birch Bay and Blaine. He asked the Council
to please consider not approving this rezone.
McShane asked about the concern of not considering the zoning change
because of the 550 acres. Lachner stated that is an issue of great concern to the
entire neighborhood.
Bill Grant, 7806 Birch Bay Drive, Blaine, stated he spoke on behalf of Peter
Spencer, who is the President of Goldstar Resorts. He submitted and read a
memorandum to the Council (on file). Gold Star Resorts Inc. supports the plan
and believes its adoption will provide a clear blueprint for the development future
at Birch Bay.
Slivinski read the names of the Neighbors of Birch Point supporters who
submitted letters (on file) regarding the issue, but could not attend the meeting.
Those people include:
Kim Alfreds, 8411 Point Road North, Blaine;
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
Gail and Keats Garman, 8710 Oertel Drive, Blaine;
Patrick and Joy Guimond, 8774 Charel Drive, Blaine;
Barry and Susan Marshall;, 8432 Pointe Road North, Blaine;
Judy Lachner, 8563 Semiahmoo Drive, Blaine;
Warner Fosberg, 8187 Comox Road, Blaine;
Alex Zaionchkovsky (Zane), 6171 Semiahmoo Lane, Blaine;
Alan D. Conner, 8622 Semiahmoo Drive, Blaine;
Patrick Ewing, 8192 Quinault Road, Blaine; and
Jerry Petkis, 8752 Oertel Drive, Blaine.
John Giordi, 8047 Hamm Road, Custer, stated he supports Ellen Shea's
proposal. He has visited the house, which is a few miles from where he lives. The
property is grand and peculiar enough to have kept itself on the market unsold for
four years. It will make for an amazing retreat. The retreat will have little impact
on the community. There's no difference between a resident and guests who
would be at the spa. The entrance is invisible. Add this to the Birch Bay Plan in
general. It's an excellent mix of keeping the residents from disruption while
complying with the longer term economic development of the area.
Karl King, 4283 Bay Road, Birch Bay, stated he was at first totally against
this project when it came before the steering committee. He thought it would
increase the crime rate. Now he supports Ellen Shea's rezone. There is a huge
stand of trees between the property and houses to the north, which blocks noise.
The plan of developing low -key cabins and preserving the natural environment is a
superb idea that will use the environment and not cause more damage. Birch Bay
is becoming a bedroom community. There is a tremendous number of homes.
They need to draw people to the community for more than just the three summer
months. This fits into the plan of the steering committee and activities of the
Chamber.
Ruth Lauman, 5831 Salish Road, Birch Bay, stated she was first opposed to
the retreat, but took the time to talk with Ellen Shea and see the area and detailed
plans. Now she supports the Ellen Shea rezone. Tourism is a huge economic
activity of Birch Bay. The spa would fit in well with promoting the area as a year -
round destination. The spa will have low visibility to the surrounding area, keep
the pristine surroundings, minimize traffic, and keep harmony with the natural
environment. The spa compliments the quality of life in Birch Bay. It will provide
economic gain with jobs and revenue to the area.
Cindy Reimer, 6159 Semiahmoo Drive, stated the vision of a quiet
residential life does not mix with the vision of a commercial resort. She is 100 feet
from the proposed rezone area. She is opposed to the rezone. She would never
have built her house if she knew this spot commercial resort rezone would go
through. Sewer does not exist. The County Code says there should be adequate
public services for resort zones. Drainage is a huge problem in their area. She
questions the integrity of the investor's intentions, knowing that an overwhelming
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
majority of the neighborhood doesn't want this rezone. Don't approve the spot
rezone.
Barb Skudlarick, 8361 Semiahmoo Drive, stated she lives one - quarter of a
mile from the proposed rezone and was an alternate on the steering committee
representing the Birch Point neighborhood. The Birch Point area had a high bank
water issue. They presented a geological study done for her property. It followed
multiple bank failures during the winter of 1996 and 1997. This is a documented
case of water coming in from the interior land across the street from her. This is
the 550 -acre clear cut, which is not addressed in the Birch Bay Subarea Plan.
There have been multiple bank failures due to water runoff. She's happy that a
Planning Commissioner has addressed the stormwater issues as an amendment.
There is a missing ingredient which people have addressed, called the upland high
bank land issue. Everyone refers to the naturalness of the shoreline erosion, which
is sped up by what happens on top of the land, such as clear cuts, septic systems,
development, water recharge zones, surface and groundwater, and pollutants.
Combine it with the natural shoreline condition of onshore storms, high tides, wind,
snow melt, and temperature change. The two together makes the erosion and
bank failure process increase. With the increase in water without any mitigation
from the new clear cut areas, there have been multiple bank failures. Normal
erosion of a shoreline, which is an inch per year, is now many feet per year. She
submitted information from a neighbor regarding the water usage of spas (on file).
There doesn't appear to be any buffer zone between the two urban growth areas.
Usually there is some kind of buffer area. The perfect buffer might be the high
bank area.
Dick Skudlarick, 8361 Semiahmoo Drive, stated he is in favor of the spa, but
he is against having it in his residential neighborhood. There are no commercial
nodes in that neighborhood. If they change the zoning, consider that the State
Environmental Protection Agency (SEPA) review and an environmental impact
statement (EIS) have not been done on this land. This is a critical area and an
active bank. This proposal is a spot rezone. The commercial area nodes would be
at major intersections. He asked why the Planning Department supports the
project when the Planning Commission voted against it. A lot of legitimate
neighbors are against it. There's a known active bank failure area.
McShane stated the Planning Department hasn't taken a position since the
Planning Commission made its recommendation.
Donna Rae Pederson, 6167 Semiahmoo Lane, Blaine, stated she is not
opposed to the spa, but is against the rezone. She fears restrictions on the
property would not be retained if the property was sold at a later date. The
neighbors are against the rezone. The Birch Point area of Birch Bay is not a resort
area. It's a residential area. It should remain a residential area.
Ellen Gray, 1,000 Friends of Washington, submitted and read her testimony
(on file). The urban growth area of the plan is too large. The estimate of 1.6
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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.
residents per average household seems too low. IT looks like there is a net density
of 4.55 housing units per acre for the UGA, but a gross density of 1.48 units per
acre. She asked if the low growth density is due to the PUD factor. The UGA
contains extensive critical areas. The Capital Facilities chapter does not identify a
clear pathway to raise the money needed for the capital facilities. She does not
support the Shea rezone because it's not consistent with the County Shoreline
Master Program or Comprehensive Plan. This area also has an aquifer recharge
area.
Doralee Booth, 8188 Birch Bay Drive, submitted information (on file). She
thanked Sylvia Goodwin and Hal Hart for educating the steering committee
members. She thanked the steering committee's vice -chair Cathy Berg. She read
her testimony. West Cherry Point was stricken from the plan, and that concerns
her.
Claudia Hollod, 8240 Birch Bay Drive, stated she is co -chair of the
implementation committee for the Capital Facilities chapter. There is a need for
language to address a community center in the chapter. There is no mention of a
community center in Birch Bay.
(Clerk's Note: End of tape one, side 8.)
Hollod continued to state that they overlooked this need in their planning.
Amend the chapter to add that need so they might be able to secure funding.
There are two shorelines of high significance in Birch Bay and the shoreline
from Birch Point to Point Whitehorn is the only marine shoreline landward of
extreme low tides to be designated a shoreline of statewide significance. Terrell
Creek is also of significance. One of the charges the community gave the steering
committee was to protect Birch Bay as a valuable resource. The goal was to
safeguard and protect Birch Bay. She's trusting the Council will oversee this
chapter and make sure they have everything they need in it to protect it. Keep it
family oriented and a year -round destination. They need to manage the traffic
along the beach so it's safe for pedestrians. Protect it from stormwater, drainage,
and pollution. Last year the State started monitoring the shoreline and almost
shut it down because of pollution levels. They're on guard this year. She trusts
the Council to make good choices. Keep Wolf Bauer's recommendation close. The
beach is the centerpiece.
Bill Grant, 7806 Birch Bay Drive, stated he is co -chair of the steering
committee involved with land use and housing. He's pleased that the 9,500
population projection was accepted for Birch Bay. He expects much growth in the
future due to the winter Olympics in 2010. The publicity for the Pacific Northwest
will be incredible. The impact from expo showed the kind of growth that can come
from that kind of publicity. They anticipate 10,000 journalists to come to the area.
This plan is a 20 -year plan. They don't need to worry about issues of technological
problems with stormwater runoff. New technologies will take care of that. What's
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are not the final approved minutes.
important is to have a clear plan about what can be built and where. Specifics of
the plan include consideration of future areas of a civic center, schools, and other
things. Once approved and implemented, they can make Birch Bay a desirable
place to live and work in.
Verrill D. Stalberg, 3264 Deer Point Court, Bellingham, submitted
information (on file). Birch Bay birch trees should be saved because it's the
descriptive name of the place. Birch Bay is known for its birch trees. The correct
place name for Bug Lake is Squalicum Lake. They can use that and another lake
for flood control.
Mike Kent, resident, stated he was on the steering committee and Economic
Development Committee in prior years. He is proud of the Birch Bay Steering
Committee and the work it did.
Carol Sandvig, 8212 Birch Bay Drive, stated she is a steering committee
member and submitted information (on file). She has three issues concerning the
plan. First is regarding West Cherry Point. She agrees with Ms. Booth. She read
from her letter to the Council. A heavy impact industrial zone does not belong
next to a residential zone. The second issue is the proposed road connector. Birch
Bay Drive is not appropriate for a main arterial unless the speed limit can be
enforced at 20 to 25 miles per hour. The third issue is the proposed spa rezone.
She supports the spa request by Ellen Shea.
Linda Tucker, 4371 Bay Road, stated she is a Steering Committee member.
She has concerns about Ellen Shea's proposed spa. The neighborhood has the
right to know what's going in and to not have a rezone that would increase their
taxes. He is concerned that Mark Kask was not always honest with them. Sylvia
Goodwin stated the population growth could fit in the existing boundaries, but Mr.
Kask kept putting it farther out. The urban growth boundaries don't need to be
bigger. In -fill what they have. Put grocery stores out by Interstate 5 where there
is already commercial property.
Ted Thompson, 7806 Birch Bay Drive, stated he supports Ellen Shea's
project. It is one of the few businesses that will have little impact and provide
quality to the area. If sewer comes to that area and zoning goes to UR -4, then
more than 30 lots could be developed in that area.
Doug Hendricks, stated he represents Greengate property. The area is a
haven. There have been many drastic changes over the years. There aren't very
many places in this area that are as pristine as Whitehorn and Birch Point. There
is runoff from clear cutting that has occurred. The major force of the rezone
request is all about money. His family has taken action to preserve their property.
There are ways to preserve property. One way is to take away the development
rights. That may be an option for Ms. Shea, if she wants to keep it pristine.
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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.
Patrick Alesse, 4853 Alderson Road, submitted information (on file) and
stated the most important thing is the possible civic center site. One site is
designated as a recreational area. They could designate that area as a possible
future civic center site, with the understanding that the wealth of the property
would purchase recreational property along Birch Bay. He commended Hal Hart
and Sylvia Goodwin for their hard work and the good job they've done on the
project. They do a good job for all of Whatcom County.
A lot of people are concerned about growth. Growth happens. This is why
this process is important. They need to plan for it. They can work and learn
together. That's the most important thing that has come out of this process.
He proposes boundaries for growth, which may be a good starting point for
creating a city. When they pull boundaries in is when growth happens.
Hearing no one else, McShane closed the public hearing.
McShane stated this issue will go to the Council Planning and Development
Committee, which will work on the plan. The committee will then bring it forward
to the Council. If the committee proposes amendments, the Council will hold
another public hearing.
Roy moved to go in to executive session for about five minutes to discuss a
possible conceptual agreement on the BP cogeneration plant.
McShane stated he would not participate in the executive session because he
is on the Energy Facility Site Evaluation Council (EFSEC).
Motion carried unanimously.
(Clerk's Note: The Council went in to executive session at 8:02 p.m.)
ADJOURN
The meeting adjourned at 8:14 pm.
Jill Nixon, Minutes Transcription
The Council approved these minutes on April 6 , 2004.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Whatcom County Council - Birch Bay Community Plan, 3/16/2004, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dana Brown - Davis, Council Clerk Dan McShane, Council Chair
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