HomeMy WebLinkAboutCouncil February 11 20031
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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
February 11, 2003
The meeting was called to order at 7:00 p.m. by Council Chair Dan McShane
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
There were no announcements.
MINUTES CONSENT
Absent:
None
Nelson moved to approve Minutes Consent items one through three.
Caskey- Schreiber moved to amend Water Resources work session minutes
as handed out to the councilmembers earlier in the day.
Motion to approve as amended carried unanimously.
1. SPECIAL COMMITTEE OF THE WHOLE FOR JANUARY 14, 2003
2. WATER RESOURCES WORK SESSION FOR JANUARY 21, 2003
3. COMMITTEE OF THE WHOLE FOR JANUARY 28, 2003
OPEN SESSION
The following people spoke:
Michael Mulligan, 1020 Indian Street, Bellingham, stated he is a property
owner, voter, and veteran. He is an officer for the Veteran's Relief Fund. The
Whatcom County Council, 2/11/2003, 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.
Veteran's Relieve Fund has developed a draft point paper and draft guidelines,
which he distributed (on file). It will ensure the fund is administered in an
equitable manner amongst the veteran service organizations that choose to
administer it. The Veterans of Foreign Wars (VFW) has been actively soliciting and
encouraging other veteran service organizations to get involved. The fund is a
stopgap measure, and is not a continuing entitlement or benefit for veterans, their
widows, and their orphans. Many of the repeat applications are from those
veterans who were not properly counseled in what the fund was and its purpose, let
alone how to manage on their income. After review and counseling, most reserve
their use of the fund until they truly are in need of it. Some veterans are choosing
to apply. Those applications are being processed. Some veterans are
unfortunately still persisting in abusing the fund. Those applications are being
ferreted out and denied. The current application has gone far in helping to ferret
out those abuses. The funds are sufficient at present, and there is a surplus for the
first time in years. He encouraged the Council to read the draft guidelines. He
encouraged the veterans and constituents to get their service organizations
involved.
Lesa Starkenburg- Kroontje, 115 Front Street, Lynden, spoke on
Comprehensive Plan proposed docket item 2003 -F regarding a plan change and
zoning amendment for land owned by Faber Brothers. This request is a request to
docket a Comprehensive Plan change and zoning amendment. It is particular to
Faber Brothers land, not their business. They are dealing with one piece of land, a
legal lot, with a building that is divided by two zones. That fact is true for whoever
the owner is or will be. Remedying it now will remedy it for this owner and future
owners.
Some of the discussion this afternoon was about whether the business met
the crossroad commercial designation locational criteria in the Comprehensive Plan.
They are to look at the property. If the portion of property already zoned general
commercial meets that criteria, then certainly the other piece adjacent with the
same building located on it meets the same criteria. The larger question was
whether the general commercial zoning ordinance implements the Comprehensive
Plan. If the Council does not believe that it does, it needs to be changed on its own
merits. Here, they are looking to fix a particular problem on a particular piece of
property. By docketing this item, they can have an open discussion and get into
the merits of the proposal in this quasi - judicial matter. Through that process, they
can determine whether or not they want to fix the problem for the entire legal lot or
merely for the building. This building predated zoning. To make a problem caused
by the County not remedied by the County is a disservice to this owner, its
predecessor, and any successor that comes thereafter.
P. Huck, 1407 Iris Lane, Bellingham, read a letter into the record regarding
death of Sheriff Deputy Matt Herzog. Insist on a proper investigation. Don't allow
the legal system to be compromised by emotion and police pressure. He described
the accident. The deputies' supervisor gave them permission to engage in a high-
speed chase on Samish Road as long as there was no traffic in the area. The
Whatcom County Council, 2/11/2003, 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.
Whatcom County Sheriff's office finding review summary found that the cause was
speed too fast for the conditions, including lighting, inexperience of the driver, and
the driver's over correction. It was concluded that Deputy Triplett, who was
driving, did not follow guidelines in the pursuit. Pursuits are to be discontinued
whenever the danger of the pursuit exceeds the danger of allowing the suspect to
escape. Superior Court has handled this case in a disconcerting manner. Adrian
Sassan, the driver of the car that the deputies were chasing, was originally charged
with eluding police officers. The charge was amended to hit and run, as well. A
defendant must meet certain elements beyond a reasonable doubt to be convicted
of hit and run, including an element of knowing that the car was involved. If Adrian
Sasson was eluding the police officers, then he could not have involved his vehicle
at the same time. Adrian Sassan was never at the scene of the accident. The
prosecuting attorney has no right to go after a man if he doesn't have a corpus
delicti.
PUBLIC HEARING
1. RESOLUTION AMENDING THE 2003 ANNUAL ROAD CONSTRUCTION
PROGRAM TO INCLUDE THE JACKSON ROAD BRIDGE REPLACEMENT
(AB2003 -045)
McShane opened the public hearing and the following people spoke:
Patrick Alesse, 4953 Alderson Road, Birch Bay, stated that whatever the
Council decides, be sure the bridge is wide enough for cars, bikes, and pedestrians.
More and more people will be walking and riding bikes at Birch Bay.
Hearing no one else, McShane closed the public hearing.
Joe Rutan, County Road Engineer, gave a staff report and stated there was a
memo dated February 8, 2003 regarding a question from the Finance Committee
regarding the lane widths. The existing bridge width is 28.33 feet. If it is replaced
in kind, they can continue with the ten -foot lanes and 4.16 -feet shoulders. With
the addition of an additional channel beam girder, they can widen the bridge to 33
feet, for lane widths of 12 feet and shoulders of four feet. He recommended
approving the additional $10,000 to widen the bridge to 33 feet, with the
understanding that if permitting issues cause them to miss this construction
season, they would proceed with the construction at the existing width, but not
preclude any widening in the future.
Roy stated she was concerned that the bicycle pedestrian lane widths would
stay the same as they are now, but the new bridge would be built so that it could
be expanded at a later date. Rutan stated that is correct. The existing shoulders
are a little over four feet on the bridge. The roads approaching the bridge have a
one -foot paved shoulder and three -foot gravel shoulder. He proposed to do the
additional widening, with the understanding that there may be permitting problems.
Whatcom County Council, 2/11/2003, 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.
Roy stated the Council just approved a housing development at the top of
the road for approximately 300 new homes. That road goes to the public access for
the bay. With all the new population, it makes sense to widen that bridge.
Everyone who lives at the development will come down the hill and go to the beach
public access via the bridge.
Nelson moved to approve the resolution with an amended amount of
$108,000 to widen the bridge.
Rutan stated the bridge has an inadequate load rating on it now. They want
to make sure they do something with it this summer. If it takes longer than that,
they will replace it, but build into the potential for future widening.
Motion carried unanimously.
2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10
(AB2003 -046A)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
3. ORDINANCE APPROVING THE TRANSFER AND ASSIGNMENT OF THE
FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM IN THE
COUNTY OF WHATCOM BY NORTHLAND CABLE PROPERTIES SEVEN
LIMITED PARTNERSHIP TO WAVEDIVISION I, LLC. (AB2003 -078)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Fleetwood moved to adopt the ordinance.
Motion carried unanimously.
4. RESOLUTION ORDERING AN ELECTION FOR THE PROPOSED POINT
ROBERTS SPECIAL RECREATION PIER SERVICE AREA (AB2002 -351C)
McShane opened the public hearing and the following people spoke:
Terri LaPorte, 101 Goodwin Road, Point Roberts, stated the Port of
Bellingham, the Whatcom County Parks and Recreation Department, and the Point
Roberts Chamber of Commerce worked together on this. The people of Point
Whatcom County Council, 2/11/2003, 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.
Roberts want a pier. Putting the levy on the ballot will allow the people to endorse
the pier and provide the vehicle to maintain the pier once it is built. They have not
asked for construction funds. They cannot put the permit application in until they
know they have a way to pay for it. The Port of Bellingham will look for further
construction funding. This will allow development and growth in Point Roberts.
Hearing no one else, McShane closed the public hearing.
Crawford moved to approve the resolution.
Brenner asked if language was added to absolve the County of liability if the
people of Point Roberts decide in the future to no longer maintain the pier.
Dana Brown - Davis, Clerk of the Council, stated that language was added to
the previous resolution setting the hearing date. This resolution only sends the
item to the auditor.
Brenner asked whether that language will be on the ballot for the voters to
IT."
Dave Grant, Senior Civil Deputy Prosecutor, stated they haven't decided yet
what language will go on the ballot. He doesn't know by what authority they can
supplement the ballot title with that kind of information.
Brenner stated the Council recommended that the language be included.
Grant stated he didn't know how to do that legally.
Brown -Davis stated this information came straight out of the Revised Code
of Washington (RCW).
Grant stated he couldn't think why the responsibility for maintenance would
fall on the County.
Roy stated she supported this effort. It's great to see these agencies come
together with a plan that will hopefully help the economic health in Point Roberts.
The voters will decide.
Nelson asked who assumes responsibility of a special recreation service area
if it goes defunct. Grant stated the County may be responsible and may be able to
assess fees to those folks within the district. The County may be responsible for
managing the district, but not for paying for it. Those folks who try to dissolve the
district might end up being assessed anyway.
Brenner stated she supports putting this on the ballot. The general
taxpayers should not be liable for it in the future. She asked if the County has the
ability to assess the cost of the maintenance to an area of people, rather than the
full County. Grant stated he has not had an opportunity to research the question
Whatcom County Council, 2/11/2003, 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.
fully. He is more familiar with other types of districts and opining that this would
be similar. He doesn't think the Council could put this condition on the ballot
measure. The Council's prerogative is to approve or not approve this.
Brenner moved to hold in Council to the next Council meeting to clarify
who would be responsible if there was a default on the tax levy.
(Clerk's Note: This item was continued, below.)
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through four.
Motion to approve Consent Agenda carried unanimously.
1. RESOLUTION CANCELING UNCOLLECTABLE PERSONAL PROPERTY
TAXES (AB2003 -082)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN THE WHATCOM
COUNTY HEALTH DEPARTMENT AND DOMESTIC VIOLENCE & SEXUAL
ASSAULT SERVICES TO SUPPORT THE COMMISSION AGAINST
DOMESTIC VIOLENCE IN THE AMOUNT OF $37,500 (AB2003 -083)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY PUBLIC
WORKS WATER RESOURCES DIVISION AND THE BUILDING
INDUSTRY ASSOCIATION OF WHATCOM COUNTY FOR CONTINUING
LAND DEVELOPMENT CAUCUS SUPPORT IN THE WRIA 1 WATERSHED
PROJECT IN THE AMOUNT OF $10,000 (AB2003 -084)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC
WORKS ENGINEERING AND KPFF CONSULTING ENGINEERS FOR
PHASE I DESIGN TO REPLACE COUNTY BRIDGE NO. 115, CRP NO.
900902 IN THE AMOUNT OF $138,900 (AB2003 -085)
OTHER ITEMS
1. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING
COMPREHENSIVE PLAN AND ZONING AMENDMENTS FOR 2003
(AB2003 -075)
Whatcom County Council, 2/11/2003, 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.
Roy reported for the Natural Resource Committee. The first item is docket
item 2003 -D. The committee does not recommend docketing this item.
Nelson moved to docket item 2003 -D.
Crawford stated the property to the south is a gravel operation. He asked
why the committee did not choose to docket this item.
Roy stated they felt that it was not consistent with the surrounding area.
This wasn't described as a gravel operation. It was described as a sand pit.
Crawford stated that is correct. The area in question is zoned for agriculture,
but is not farmed. It is treed.
Roy stated the County has plenty of rural, one unit per five acres (R5A) lots
available. They are reluctant to convert agricultural land.
Caskey- Schreiber stated the Agricultural Advisory Committee voted against
this because it is suitable for raspberries, which is in short supply. Just because it
has not been used for agricultural land doesn't mean that it can't be in the future.
Fleetwood stated there is a logical line along Paradise Road. On one side is
open agricultural farmland. The other side has houses and woods. This piece of
land is already surrounded by a number of homes. Someone testified that this
hasn't been farmed for a hundred years. He might not vote for it in the long run,
but is in favor of considering it.
Brenner stated she is against docketing this item. Adding this increases the
irregular boundary into the agricultural land. That's how they end up incrementally
reducing the agricultural land inventory. She recalled that this ground has prime
agricultural soils.
Crawford asked if this list would be all the proposed amendments that would
come forward this year. He also asked if there is enough staff to deal with all ten of
these items if they are all docketed. Goodwin stated there are no more
amendments coming forward this year. It is an annual process. The one item A,
the update of the Comprehensive Plan five -year review is a big item. The urban
fringe subarea plan could take the entire staff without leaving time for anything
else. This item probably would not take a lot of staff time. It is fairly small.
(Clerk's Note: End of tape one, side A.)
Nelson stated described the surrounding location. His concern is that it has
never been used for agriculture. It doesn't meet the criteria of having to preserve
productive land. There are many areas with potential agricultural soils that have
the overlays for protection. The only way the land can be used for its highest and
best use is to take all the trees off. The neighbors will have to witness a logging
Whatcom County Council, 2/11/2003, 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.
operation and land disturbance. It would be nice to have some forestry since all of
Whatcom County was forested at one time.
Roy stated she is taking seriously the Agricultural Advisory Committee's
recommendation. About docketing, their last meeting went until 12:30 a.m. If
they are serious about something that they really want to look at, then docket the
item. If the Council just wants to intellectually pontificate, then they could docket
everything. They need to be discriminating on what they do and don't docket.
Brenner agreed. If the person coming forward asked to be zoned rural
forestry, she might have considered it. Productive agricultural land is all around it.
Jutting a finger of R5A zoning into agricultural land is not productive. Don't insert
housing into productive agricultural land.
Caskey- Schreiber stated it is important to really docket the properties that
the Council feels strongly about. For the rest, they need to sort through with the
Planning Department and help staff prioritize its workload.
Motion to docket 2003 -D failed 3 -4 with Nelson, Crawford, and
Fleetwood in favor.
(Clerk's Note: This item is continued below.)
PUBLIC HEARING
4. RESOLUTION ORDERING AN ELECTION FOR THE PROPOSED POINT
ROBERTS SPECIAL RECREATION PIER SERVICE AREA (AB2002 -351C)
(Clerk's Note: Continued from above.)
McShane stated that the item could be held for 20 days.
Crawford stated he is against the motion. Their attorney made it clear that
any financial liability will be on the residents of the district.
Brenner stated there is a question of knowing the answer for sure. It won't
change anything on the election to hold for two weeks to get a definitive answer.
Motion to hold in Council failed 2 -5 with Roy and Brenner in favor.
Motion to approve the resolution carried unanimously.
1. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING
COMPREHENSIVE PLAN AND ZONING AMENDMENTS FOR 2003
(AB2003 -075)
Whatcom County Council, 2/11/2003, 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.
(Clerk's Note: Continued from above.)
Roy continued to report for the Natural Resources Committee. The next item
is docket number 2003 -E. The committee does not recommend docketing this
item.
Nelson moved to docket item 2003 -E, to put it on the table, but he is
opposed to docketing the item. This is a good example of an extension into
agricultural land. Until Lynden has done its five -year urban growth plan, it should
remain as it is.
Brenner stated she was surprised to see the request. They don't want to
create any more one- or two -acre zoning unless absolutely necessary.
Motion to docket 2003 -E failed unanimously.
Roy reported for the Natural Resources Committee and stated the committee
does not recommend docketing this item.
Nelson moved to docket item 2003 -G to get it on the table. He is opposed
to the motion. This would not be appropriate because there is no power and
electric access into that area. It is surrounded by commercial forestry. There is a
fire protection issue. At this time, they need to maintain the commercial forestry.
Brenner stated she agreed about the services not being available and that it
juts into commercial forestry. She supports conversion of commercial forestry into
rural forestry anywhere it's possible because they will have better management
when someone lives on the land.
Crawford stated the density of residential development on commercial
forestry is zero. The proposal is to rezone to rural forestry, which allows one house
per 20 acres. He asked if a road is servicing this site.
Nelson stated there are probably logging roads, but there are not services.
Goodwin stated staff looks at whether it is within a fire district, has road
access, or has utilities. It would be difficult to get a fire truck over the river.
Motion failed 6 -0 with Fleetwood out of the room.
Roy reported for the Natural Resources Committee and stated the committee
does not recommend docketing this item. This is 243 acres being converted out of
agricultural land into parks. There's some question of whether they can do that
legally. There isn't a clear plan for the park right now. It isn't that the committee
doesn't think that it isn't something to work through in the future, but they are
getting a new Parks Department director. Put this off until there is a specific plan.
Whatcom County Council, 2/11/2003, 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.
Brenner stated she is uncomfortable that the Parks Department is making
the request to change agriculture and forestry areas into parks. The Council has
made a statement about preserving those lands. She is in favor of parks if they
don't interfere with agricultural or forestry lands.
Crawford asked if these properties are the ones they've already secured with
Conservation Futures funds through partnerships.
Brenner stated the Conservation Futures funds just have to conserve land,
but not necessarily by making the land a park.
Crawford stated he liked having a public benefit of some sort to lands that
they've purchased with Conservation Futures funds. He supports the Parks
Department attempt to promote the recreational use of this property.
Roy stated the issue is how they accommodate the public access. They don't
have to change the zoning and take it out of agricultural zoning to accommodate
the public benefit. There is no real good plan for it. Also, it doesn't look like the
Parks Department has the staff to take it on right now. It's not time yet to make a
permanent decision.
Caskey- Schreiber stated it is premature since they are going to look for a
new Parks Department director. They want to incorporate the new director's vision.
Brenner stated the public benefit is in forestry land. Buying it for
conservation doesn't mean they can't do selective logging that brings revenue into
the County.
Nelson stated he's not sure about public benefit of forestry. Generally, very
little logging is done on lands purchased with Conservation Futures fund. The only
agricultural production is a field at the north end. Usually they have to pay
someone to mow the field. They need to docket this to get these questions
answered.
Brenner stated that if they docket it, they should have an inkling of the
public benefit. She disagrees that no cutting is done on Conservation Futures
forestland. It takes a substantial amount of acreage out of agricultural zoning.
She's not convinced that they can't use the land in the future for agriculture.
Fleetwood stated this is the brainchild of the present Parks Director, who is
probably very motivated to see this happen. Don't lose the momentum of making
this happen.
Caskey- Schreiber asked when Director DeSpain is leaving.
Pete Kremen, County Executive, stated Director DeSpain may leave either at
the end of March, mid - summer, or later in the year. There's no guarantee that he
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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.
will have hired a replacement for Mr. DeSpain by the time he leaves. There is a
good management team in place now that affords him the time to make a good
selection for the position.
Roy moved to docket item 2003 -J.
Motion failed 3 -4 with Crawford, Nelson, and Fleetwood in favor.
(Clerk's Note: Continued below.)
6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 —
SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING),
CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER
20.97 — DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY
PROTECTION FOR SENSITIVE WATERSHEDS (AB2002 -222B)
Fleetwood reported for the Planning and Development Committee and stated
this item is held to a special committee meeting.
1. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING
COMPREHENSIVE PLAN AND ZONING AMENDMENTS FOR 2003
(AB2003 -075)
(Clerk's Note: Continued from above.)
Fleetwood reported for the Planning and Development Committee and
moved to docket item 2003 -A.
Motion carried unanimously.
Fleetwood reported for the Planning and Development Committee and
moved to docket item 2003 -B.
Motion carried unanimously.
Fleetwood reported for the Planning and Development Committee and
moved to docket item 2003 -C.
Brenner stated she is concerned about creating that kind of density into the
Guide area, knowing they won't have solutions to the Guide for a very long time.
She was impressed with the representative's indication that they are willing to work
with the County to find something that would work. She is not opposed to finding
an area in the proposal that would work now. She is not interested in going all the
way out to the Smith Road at this point. She will support the motion.
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Roy asked what Bellingham recommends.
Fleetwood stated the City of Bellingham is working with the County to review
its urban fringe subarea plan. The County has to approve that. This property is in
one of the review areas. This area is part of the review area considered by the
City. This area will be reviewed anyway. The City did not attend the meeting
today.
Nelson stated Patricia Decker requested in a letter that the Council docket
this item.
Caskey- Schreiber stated it is a bit premature. They haven't developed a
good plan on how to impose impact fees. This is a substantial development of
2,000 homes. It will have an affect on the Meridian School District. Have that
figured out before approving that size of a development. She is concerned about
how they are to mitigate traffic impacts to the Guide Meridian.
Brenner stated she understood that the County has the ability to impose
impact fees. Goodwin stated the County has that ability, but there is not an
ordinance to allow them to do that yet. The Transportation Chapter of the
Comprehensive Plan says the County should develop an impact fee ordinance.
Nelson stated its time to evaluate these urban growth areas. Docketing
doesn't mean it is approved. At a rate of 1,200 to 1,800 new residents per year
coming to Whatcom County, they could reach a critical mass.
Roy asked the consequence of not docketing this item. She is afraid of
developing a huge urban fringe area.
McShane stated it is not clear of what will happen. This area will be
reviewed one way or another. However, because they are docketing this particular
area, the applicant will probably bring forward some well- thought out ideas on this
particular area. It may be to their advantage to have this docketed. There is a lot
of fantasy zoning in the County. This is one area that would likely be developed
and would likely require an environmental impact statement, which would address
some of these concerns.
Roy asked if the developer would have an advantage if the Council dockets
this item.
McShane stated the Council would have more information about this area.
Caskey- Schreiber asked what would happen if they didn't docket this item
this year. Goodwin stated one consequence is one more year extension of the
process. If there were a shortage of land supply, it would be one more year to find
a potential solution to that. The Planning Commission has tabled the Lake
Whatcom downzone until they figure out where they will transfer the density. If
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they don't move ahead with looking at the urban fringe this year, it may result in a
continuing tabling of that issue. The other consequence is that staff will start on
looking at the urban fringe. However, staff won't feel pressured to finish it this
year. Staff might stretch the review over two years. It might stretch out to two
years anyway. She is concerned about the schedule, but is pushing for it.
Caskey- Schreiber stated it was mentioned that this might be a possible
receiving area for the Lake Whatcom downzone. She asked if they would require
the developer to work with the downzone people and purchase their development
rights. Goodwin stated they have volunteered to purchase some of the density and
make it a rezone tied to purchasing some development rights. They don't know
what the ratio would be. They are working on what one transfer of development
right (TDR) out of the watershed is worth.
Caskey- Schreiber stated she is also concerned about whether that really
mitigates the negative impacts to the surrounding areas of this development.
Goodwin stated all of those things need to be looked at. That would be part of the
urban fringe plan.
Roy stated she is sensing that the addition of this will impact staff workload.
She asked if Ms. Goodwin is comfortable with that. Goodwin stated it would
definitely impact her workload. It is one of the items she is trying to assign staff
to. These two items are tied together. Without receiving areas and utilities, they
won't have a successful TDR program. The City has a meeting soon to consider its
utility extension policy, and whether they should extend utilities into the urban
growth area at all. If they don't, there will be no development in the urban fringe.
Part of the City's concerns is that the County doesn't have urban infrastructure
development standards. Unless the County and City work cooperatively in the
urban fringe, the City may turn off the water and there will be no TDR's. Docketing
this item will move it forward.
Motion to docket carried unanimously.
Fleetwood reported for the Planning and Development Committee and
moved to docket item 2003 -F.
Brenner stated she is against the motion. She supports a rezone for the
building only.
(Clerk's Note: End of tape one, side 8.)
Brenner continued to state they could put the portion of the property that is
proposed for general commercial into rural, instead. There is a scale at crossroads
commercial that isn't like general commercial. It is a very irregular line. She'd
support a request for the building, but not for all the acreage.
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Caskey- Schreiber stated she took a look at the property again today. The
chicken coop, which they are saying is the reason for rezoning this, only extends
five feet into that two -acre request to rezone general commercial. The County has
nothing to gain from doing this. The company is reducing the property value of
every property around it. They are talking about needing buildable lands. This is
perfect for that. It has rich soil and perfectly flat lots. They could even upzone it.
she doesn't understand why they are going to a zone that doesn't fit the area
because of a remodeled chicken coop. It is not crossroads commercial, which is
designed to service the local area. This kind of operation should exist in light
impact industrial zones.
Nelson asked if the property is in a general commercial use now. Goodwin
explained the current zoning line. She's not sure what the exact use of the chicken
coop is. The business would fit in the general commercial zone. The building
straddles the zoning line, which creates a problem for the property owner about
what to do with the building.
Nelson stated it would be appropriate for the applicant to request that the
entire building be in general commercial. This request goes beyond that. It creates
a strange boundary into the rural zoning.
Fleetwood stated he concurred with many of Councilmember Caskey-
Schreiber's observations and is sympathetic to them. However, the
councilmembers have received about a paragraph of information, and the Council is
discussing the merits without lots of information. He's comfortable reviewing it.
That does not mean he will support the rezone. It just means they are going to
have a fuller conversation about it with more information.
Nelson stated it is a difficult decision. Council recently decided to spot
rezone a property in the watershed. Here, this individual has a legitimate reason.
Part of the business has been cut in half. It's not a rezone of the business. It is a
commercial business that exists and is in compliance. They are here to help solve
problems with the zoning map. The applicant is willing to put the money forward to
have it looked at. This is exactly what they are supposed to do.
Brenner stated several pages of information was submitted by the applicant.
She has enough information to get a feel for the request.
Caskey- Schreiber stated that by pushing out the general commercial
boundary, they are going against the Growth Management Act, which she read a
portion of into the record regarding abnormally irregular boundaries. It adds to
low- density sprawl. She doesn't know why they are rewarding the owners by
putting this forward. The owners are clearly operating in an area that they should
be operating in.
Motion carried 4 -3 with Brenner, Roy, and Caskey- Schreiber
opposed.
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Fleetwood moved to docket item 2003 -H to get it on the floor. The
Planning Committee voted unanimously to deny the request.
Crawford stated he will speak for the motion. This proposal needs some
work. It is the kind of thing the Planning Commission can work on. Ms. Goodwin
brought up good points about the possible inclusion of industrial areas and how
they are impacted as they remove industrial areas from developable status. This is
an excellent topic for the Planning Commission and the staff to discuss. Bring back
something that is workable.
Brenner stated she also supports it. She agreed that it needs a lot of fine -
tuning. If the Council is going to reduce density in one location, allow for it
somewhere else.
Nelson stated he is in favor of the motion. Many of the councilmembers who
are proponents of the downzoning encourage that density be transferred into the
urban area, larger buildings are built to accommodate more people, and a
contiguous zone is maintained around the city. The question is whether that will
really happen, whether cities are willing to take more density, and if this is
appropriate in terms of the Growth Management Act. They can't just think of
increasing densities in certain areas without ramifications. Likewise, they have to
have ways to address the issues of decreasing densities.
Roy stated she thought they did that with the Comprehensive Plan. They
have to have a certain housing supply in this county. If the Council changes the
zoning in one area, it is already part of the planning process to look at the total
buildable land that is available. They do that. Ms. Goodwin could probably tell
them how many buildable lots they have and where they are. This is not anything
they are already doing or required to do. A zoning change is not a one -to -one
relationship. They need to know they have enough buildable lots in Whatcom
County to meet the projected population increases. This is not a necessary
discussion.
Caskey- Schreiber stated she agreed with Councilmember Roy. They are all
aware they need to add density if it is taken away somewhere else. Ms. Goodwin
explained that it will be very difficult to have one upzone in hand and a downzone
in another. They all know that expanding urban growth areas will increase density.
That will happen naturally through the Comprehensive Plan. She is against the
motion.
Fleetwood stated he agreed with councilmembers Roy and Caskey- Schreiber.
Growth management does not mandate this. They review their needs in the review
process. It already happens.
Brenner stated it is supposed to happen, but it doesn't happen. That's why
this needs to be docketed. They have an obligation to actually do the increases
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that offset the decreases. If nothing else, it makes them more cautious when they
do downzoning. This is a discussion that is extremely important to have.
Nelson stated several court cases came out of the Growth Management Act.
In King County, there was a density change in one area with the justification that
density could be increased in other areas. The court decided against the county
when it was challenged. The reasoning is that they are pushing densities into areas
without proper Comprehensive Plan policies and procedures by taking density out of
one area and putting it into another area. They can't look at it in a global sense.
There has to be a mechanism to adjust the areas they are affecting.
McShane stated they've done only one downzone so far. It was taken into
account. He was struck by some of the information they got in that process about
how much upzoning has occurred since the Comprehensive Plan was adopted in
1997. Since 1997, the County has created close to 3,000 additional building lots
through zoning. Those evaluations have been taking place, and will need to take
place again in the future. If there are any more zoning changes, it has to be very
carefully thought out. They have to think about local areas, not just countywide.
There may be some areas where they may want to limit growth for a variety of
reasons, including environmental and economic reasons. Mr. Wiesen has a valid
point, but it is already addressed in the plans, regarding some people's opinions.
Motion failed 3 -4 with Brenner, Crawford, and Nelson in favor.
Fleetwood moved to docket item 2003 -I.
Nelson asked if there is a proposal. They've been trying to address
affordable housing for ten years. The Council has heard from the building industry,
realtors, and a lot of people. They have yet to achieve affordable housing. The
industries that are dealing with that have talked about supply being a critical issue.
He's not sure whether or not the Comprehensive Plan will be able to address it.
He'd like more information on what they will accomplish on a policy for affordable
housing.
McShane stated supply and market forces are certainly a factor. Timeliness
is critical. Market forces are driven by where the demand is. The demand comes
from the people who have the money to buy the houses. The builders are going to
build houses for the people who have the money. There are people in the
community who don't have the money to buy houses. It's not going to be just
market and supply issues. Other things need to be in the toolbox to address
affordable housing. Paul Schissler has put together the Kulshan Land Trust, which
the County supported by a grant. It is moving forward to provide affordable
housing through a different approach that is just not market - based. The
Comprehensive Plan policy would be to support those types of activities. They've
already supported that effort, but they should support it more. It's a matter of
where they put the County resources, or where they apply for grant programs and
administer those to ensure that operations like the Kulshan Land Trust will actually
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function and work. In large -scale developments, they could assure that programs
are in place to set aside land for affordable housing options.
Nelson stated it would drive up the price of other houses.
McShane stated there is a potential risk of that.
Nelson stated the proposal is worthy of discussion, but he's seen many
ramifications of the policies on affordable housing over the years. They have to be
careful of the County tax dollars.
McShane stated this is not going to be just a market -based approach. They
need other policies and procedures.
Brenner stated Paul Schissler is very innovative and does a good job.
However, she doesn't have any illusions that they will have affordable housing. The
market does have a lot to do with whether or not there is affordable housing.
There is only so much housing they can subsidize without robbing Peter to pay Paul.
She supports anything they can do to make it a little less painful for people.
McShane stated more than market forces are going on. One individual wants
to sell two homes for $90,000 each. They are valued at $190,000 each. There are
other folks out there who are charitable. The County needs to support those
organizations.
Caskey- Schreiber stated affordable housing can be improved in the county
by requiring developments such as Caitec to have a certain percentage of their
development in affordable housing, with small lots and small homes.
Brenner stated they can require Caitec to have small lots and small houses,
but it will not provide affordable housing. Those houses will still sell at market
value. The only other option for truly affordable housing is subsidized housing.
That is something that they ought to look at. Mr. Schissler's group is looking at
that.
Motion carried unanimously.
(Clerk's Note: Continued after Other Items number four, below.)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM TO PROVIDE EMERGENCY MEDICAL SERVICE
THROUGH THE E.M.S. LEVY (AB2003 -047)
Crawford reported for the Finance and Administrative Services Committee
and stated this was held in committee, with the intent that the administration would
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continue to work on the interlocal agreement, given the comments made by the
councilmembers.
3. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
FIRST REQUEST (AB2003 -074)
Crawford reported for the Finance and Administrative Services Committee
and moved approval of the ordinance.
Brenner moved to remove the request for $38,000 for Law & Justice
Council staffing. The Law and Justice Council has done an admirable job, but it's
time for the advisory committee to be weaned of its staffing. Other advisory
committees use departmental staff as a part of the staff's job. It isn't fair to other
advisory committees. This Council approved a budget that is already dipping into
reserve funds. Don't further dip into the reserve funds for this use.
Nelson stated he was under the impression that this is not a County staff
person. He asked if Ron Peterson is contracted with the County.
Dewey Desler, Deputy Administrator, stated approximately $19,000 of the
total amount will be used to contract with the Northwest Regional Council for staff
assistance. The remaining amount will be used for miscellaneous items, including a
contract with Ron Peterson.
Nelson stated he support's Councilmember Roy's concerns about advisory
committee funding. The Council set up the Law and Justice Council this way. This
is a group that is involved with the community. If the Council no longer wants to
operate the Law and Justice Council, it should vote to disband it, and find an
alternative for planning for capital facilities. It will cost money either way. The
Domestic Violence Commission also contracts for a staff person at a similar cost.
Crawford asked what the cost center number for the funding source
represents. Desler stated it comes from the general fund.
Brenner stated she has a lot of respect for Ron Peterson. However, she is
not willing to fund a salary of $3,500 a month. She would be willing to fund the
County's half for the clerical support and incidental supply costs.
Roy stated the only two goals for the future that were brought up were the
jail planning and management information system. The County has allocated
$350,000 to study capital facilities. She assumed that the jail and discussions with
community members will be an integral part of that. There is also a separate
committee looking at management information systems, which also requires
funding. The Law and Justice Council work has been excellent, but $3,500 per
month is a lot of money just for one person. More money is required for clerical
support. She would support the money for the clerical work that needs to be done.
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Pete Kremen, County Executive, stated the Law and Justice Plan, which the
County paid for and was highly acclaimed, provided a lot of useful information. The
plan recommended a paid coordinator for the Law and Justice Council. He is
sensitive to the concerns of funding this position. In working with the County
prosecutor recently, they found a funding source other than the general fund to
fund this position. He asked the Council to support the money for this purpose if
the administration is able to come up with the $38,000. The money would come
from the drug fund.
Dave McEachran, Prosecuting Attorney, stated there is a program contracted
with the State using federal monies regarding child support. An extra $42,000 will
come in from this program that was not included in the 2003 budget.
Caskey- Schreiber asked if this money would be available next year.
McEachran stated he is looking at this year's budget. This is a plan for funding this
position for this year.
Brenner stated they should use that money to help those kids whose fathers
are not supporting them. That is the purpose of that federal money. She's glad
they've found a pocket of money, but they should not fund a paid staff position with
that money.
Nelson stated capital facilities planning is different than criminal justice, as
far as what this group is looking at. This group is looking at integrating programs
within the criminal justice system to make it work more efficiently. The small cities
and the public needs to be involved.
Crawford asked if the proposal is to take federal dollars that are supposed to
help kids and mothers who can't get child support and using it to fund Law and
Justice Council incidental costs. He would rather see funding for the Law and
Justice Council position from the general fund if it displaces any dollars that are to
be used to help children and mothers. McEachran stated that is not the proposal.
The State reimburses the County for the money it spends on child support
contempt cases.
(Clerk's Note: Beginning of tape three, side A.)
McEachran continued to state that the state has recomputed the cost
allocation. The State was paying him too little for reimbursement. The State has
now increased its reimbursement amount. It is revenue to Whatcom County. It
doesn't go to the parents or anyone. It is for the work he does in his office.
Crawford asked if the presence of these dollars changes the workflow or the
number of cases they handle. McEachran stated it does not.
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Crawford asked if it would be better to get a part -time person to handle
more cases. McEachran stated he has been allocated a number of positions
through the State, and that is all the positions he can get.
Crawford asked if they are certain that this money from this grant could be
used for the Law and Justice Council. McEachran stated this money could be used
for this purpose.
Caskey- Schreiber stated it seems that the Law and Justice Council has
reached some forgone conclusions about the jail situation and the data integration
system upgrade. However, there are new factors, such as the capital facilities
study. The capital facilities study will not look at all law and justice issues, but it
will address the jail. She hoped the Law and Justice Council will take in this new
information as well as other new information. Look at other recommendations for a
jail.
She is concerned about the data system. She is concerned that they are
trying to keep a dinosaur alive. The new undersheriff has concerns about it, and
has suggested doing comparative shopping. She doesn't want to see
recommendations to maintain the status quo from the Law and Justice Council.
She wants to see the Law and Justice Council really investigate things, come up
with new information, and be in contact with the County Council. If they can find
outside funding for the position, she would support it.
Brenner stated that newfound funding should instead be used to reduce the
necessity to dip into the reserve fund. It's wrong to have a fulltime staff person
that only staffs an advisory committee.
Nelson stated that group facilitation is often needed with complex problems.
The Council has done that. It is not fair to expect a secretarial position to facilitate,
provide information, and direct discussion.
Roy stated she would expect the professionals within the departments to do
this. That is what they are hired to do. It is part of their job to communicate and
interface with different departments that are related.
Motion to amend carried 4 -3 with Nelson, Crawford, and Fleetwood
opposed.
Brenner moved to appropriate a total of $20,000, with $10,000 coming
from the City of Bellingham's allocation, for clerical support for the Northwest
Regional Council.
Fleetwood asked the implication of supporting this if the Executive brings
forward another request to fund the position with the money the administration has
found. Kremen stated he would not make another request.
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Desler stated the $42,000 would be revenue deposited into the general fund,
and will affect only the fund balance.
Motion to amend carried 6 -1 with Nelson opposed.
Motion to approve the ordinance as amended carried unanimously.
4. REQUEST AUTHORIZATION TO RENEW THE COUNTY'S 2003/2004
PROPERTY INSURANCE POLICY (AB2003 -081)
Crawford reported for the Finance and Administrative Services Committee
and moved approval.
Motion carried unanimously.
1. REPORT AND POSSIBLE ACTION ON THE RESOLUTION INITIATING
COMPREHENSIVE PLAN AND ZONING AMENDMENTS FOR 2003
(AB2003 -075)
(Clerk's Note: Continued from above.)
McShane stated the Council has voted individually to docket items A, B, C, F,
and I. He moved to approve the resolution, with the amendment to Exhibit A, the
docket of proposed Comprehensive Plan and zoning amendments, to docket only
these items.
Motion carried unanimously.
S. REPORT AND POSSIBLE ACTION ON A PROPOSED LETTER TO BE SENT
TO THE WASHINGTON STATE LEGISLATURE FEDERAL LEGISLATIVE
DELEGATION REGARDING RATE INCREASES FOR CABLE SERVICE
(AB2003 -080)
Brenner reported for the Public Works and Capital Projects Committee and
stated the letter was amended and approved. The letter should be sent to the
Washington Federal Legislative Delegation, not the Washington State Legislature,
regarding rate increases for cable services. She moved to approve the letter with
the amendments made in committee. She read the amendments:
• First paragraph, "...to investigate the ener-ngeas excessive rate
increases for cable service and adverse impacts to citizens."
• Second paragraph, "...supports cable rates increases that reflect..."
A constituent is very concerned about the rapidly increasing rates in cable
service. The Bellingham Herald ran an extensive article about Senator John McCain
putting together a committee to investigate the 40 percent increase in cable rates.
The cost of inflation for cable has been around four or five percent. Cable service is
not a free enterprise service. It is a franchise, and is basically a monopoly. People
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deserve to have as many potential options for communication services as much as
possible. For the people who like to use cable as the means of learning what is
happening in the world, the Council should represent their interests.
Crawford stated he opposes this motion. He pays a cable bill. The letter
infers that the Council agrees that the cable bill has increased excessively. They
have not had any kind of good discussion on whether or not the cable bills have
increased excessively. His instincts tell him that the market will determine whether
or not people will pay for cable, which certainly has competition. The issue is not
the same as a telephone, which is a necessity. This is television, which is still a
luxury in our society. People can choose to have it or not have, to pay for it or not
pay for it. He is not willing to take this leap to weigh in on a national committee
investigating excessive cable increases.
Brenner stated cable is another option for people to gain information. She
disagrees that there are a lot of options in some communities. There is very little
local service to tune in to if someone doesn't have cable. When the County
approves franchises and supports a monopoly, it is almost like a utility.
Motion to send the letter carried 5 -2 with Crawford and Fleetwood
opposed.
7. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN
SPACE /OPEN SPACE AND OPEN SPACE TIMBER APPLICATIONS
(AB2003 -086)
(Clerk's Note: Councilmember Caskey- Schreiber assumed the duties of the
chair for the remainder of the meeting. Councilmember McShane participated in
the meeting, but did not act as chair.)
Fleetwood reported for the Planning and Development Committee and
moved approval of the resolution and all applications.
Motion carried unanimously.
8. APPROVAL OF AMENDED SCHEDULE FOR UPCOMING SPECIAL
COUNCIL MEETINGS (AB2002 -451)
Brenner moved approval.
Motion carried unanimously.
9. RESOLUTION APPROVING THE ACTION OF THE STATE OF
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND
THE ISSUANCE OF NON - RECOURSE REVENUE BONDS TO FINANCE AN
ECONOMIC DEVELOPMENT FACILITY FOR ABSORPTION
CORPORATION (AB2003 -087)
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Nelson moved approval.
Motion carried unanimously.
10. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
NANCY KAYE TO THE PARKS AND RECREATION COMMISSION
(AB2003 -088)
Nelson moved approval.
Motion carried unanimously.
11. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
WENDY STEFFENSEN TO THE MARINE RESOURCE COMMISSION
(A132003 -089)
Roy moved approval.
Motion carried unanimously.
12. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
SEAN HORTON TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (TAC) (AB2003 -090)
Nelson moved approval.
Motion carried unanimously.
13. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
KEN SCHILKE TO THE AGRICULTURAL ADVISORY COMMITTEE
(AB2003 -091)
Brenner moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.05.010, TORT
AND DAMAGE CLAIMS (AB2003 -092)
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2. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10, SOLID
WASTE AND RESIDENTIAL RECYCLING COLLECTION (AB2003 -093)
3. ORDINANCE AMENDING THE 2003 BUDGET, AMENDMENT NO. 2
(AB2003 -094)
OTHER BUSINESS
Nelson moved to correct the map of the Ferndale urban growth area (UGA)
as attached to ordinance 2003 -006, submitted by Planning Division Manager Sylvia
Goodwin.
Motion carried unanimously.
Roy stated she composed a letter to senators Murray and Cantwell to support
Representative Rick Larsen's efforts to get funding from the federal government for
the law and justice systems on the northern border. It is money for help to the
prosecuting attorneys for communities located on the northern American border to
Canada. The southern border has already received this funding. She submitted
copies of her draft letter to the councilmembers. She moved approval of her draft
letter.
Nelson stated representatives are going to the National Association of
Counties (NACo) conference. He suggested mailing this letter before that
conference. Make sure the local representatives also have a copy when they get to
the conference.
Roy stated Prosecuting Attorney McEachran estimates that Whatcom County
absorbs over $2 million a year in costs directly related to the border.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Nelson stated he has been meeting with a health access group to make sure
they find some mechanism to provide health care to those with low incomes. A
broad array of people in the community are working on the effort. He will take
some of this information back to Washington D.C.
Brenner stated she wants her letter about the County Construction Recycling
dumpsite on the next Board of Health agenda. She is concerned about leachate or
runoff. A citizen recently walked near the site with his dog. The dog came in
contact with some kind of material, and it got sick. Someone at the Health
Department said it was up to the facility owner to do his own monitoring. At this
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point, someone from the County should evaluate the situation. She moved to
schedule this item on the next Board of Health meeting on April 1, 2003.
Crawford stated the Council should wait for a response from the Health
Department first. If the Council has further questions after reading the response, it
can schedule the issue on the Board of Health agenda then.
Brenner stated she would like a vote of confidence that it can be scheduled
on the agenda. If the Council decides the situation is taken care of, the Council can
remove it from the Board of Health agenda.
Nelson stated it is more appropriate that the chair, working with the
administration, can take care of handling this.
Brenner stated this citizen would like an opportunity to be involved in the
discussion. There is no better forum than the Board of Health.
Motion failed 3 -4 with Brenner, Caskey- Schreiber, and Fleetwood in
favor.
ADJOURN
The meeting adjourned at 9:55 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on March 11 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 2/11/2003, Page 25