HomeMy WebLinkAboutCouncil January 14 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
January 14, 2003
The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
ANNOUNCEMENTS
Nelson announced there was discussion in Committee of the Whole on the
following items:
• Discussion with Whatcom County Medical Examiner Gary
Goldfogel (AB2003 -017)
• Discussion with members of the Bellingham City Council
regarding emergency management services (AB2003 -027)
• Discussion regarding collective bargaining negotiations
(AB2001 -390)
• Discussion regarding the 2002 and 2003 unrepresented salary
resolutions (AB2003 -018)
• Discussion with a representative from the Whatcom County
Prosecutor's Office regarding pending litigation (AB2002 -018)
The Council provided direction on all items discussed.
SPECIAL ORDER OF BUSINESS
ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL
(AB2003 -023)
Council Chair
Roy voted for McShane.
Crawford voted for Crawford.
Whatcom County Council, 1/14/2003, 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.
Caskey- Schreiber voted for McShane.
McShane voted for McShane.
Nelson voted for McShane.
Fleetwood voted for McShane.
Brenner voted for Brenner.
Councilmember McShane was elected Council Chair for 2003.
(Clerk's Note: Councilmember McShane assumed the duties of the chair.)
McShane thanked Councilmember Nelson for serving as Council Chair for the
past two years.
Council Vice -Chair
Fleetwood voted for Caskey- Schreiber.
McShane voted for Caskey- Schreiber.
Crawford voted for Caskey- Schreiber.
Roy voted for Caskey- Schreiber.
Caskey- Schreiber voted for Caskey- Schreiber.
Nelson voted for Brenner.
Brenner voted for Brenner.
Caskey- Schreiber was appointed Council Vice -Chair for 2003.
Executive Pro - Tempore
Caskey- Schreiber nominated Councilmember Roy for Executive Pro - Tempore.
McShane moved to approve the nomination by acclamation.
Motion carried unanimously.
McShane withdrew his name from the committee preferences for the Finance
and Administrative Services Committee and Natural Resources Committee.
Finance and Administrative Services Committee
Whatcom County Council, 1/14/2003, 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.
McShane moved to appoint Councilmembers Crawford, Roy, and Nelson by
acclamation.
Motion carried unanimously.
Planning and Development Committee
Crawford withdrew his name from the nomination list.
Brenner asked Councilmember McShane to withdraw his name from the
nomination list.
McShane stated he preferred to leave his name on the nomination list.
Brenner stated that since Councilmember McShane was elected Council
Chair, it would be nice to let other people share some of the load.
McShane stated another committee only has one person nominated, so there
is opportunity there to share the load.
Brenner stated that is the Public Works Committee, which she always does.
Nobody ever wants to be on that committee. This is a committee on which
everyone wants to serve. It would be nice to split it up.
Roy stated she liked the continuity of having the same people on the
committees.
Brenner stated all three members of the committee seem to have the same
perspective. It would be nice to have a little diversity on the Planning and
Development Committee.
Crawford voted for Nelson, McShane, and Caskey- Schreiber.
Caskey- Schreiber voted for Fleetwood, McShane, and Caskey- Schreiber.
Fleetwood voted for Fleetwood, McShane, and Caskey- Schreiber.
McShane voted for Fleetwood, McShane, and Caskey- Schreiber.
Brenner voted for Fleetwood, Nelson, and Caskey- Schreiber.
Nelson voted for Fleetwood, Nelson, and Caskey- Schreiber.
Roy voted for Fleetwood, Caskey- Schreiber, and McShane.
Councilmembers Fleetwood, McShane, and Caskey- Schreiber were appointed
Whatcom County Council, 1/14/2003, 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.
to the Planning and Development Committee for 2003.
Public Works and Capital Projects Committee
Crawford included his name on the nomination list.
Nelson included his name on the nomination list.
McShane moved to appoint Crawford, Brenner, and Nelson by acclamation.
Motion carried unanimously.
Natural Resources Committee
McShane moved to appoint Councilmembers Fleetwood, Caskey- Schreiber,
and Roy by acclamation.
Motion carried unanimously.
Bellingham International Airport Advisory
McShane moved to appoint Councilmember Brenner.
McShane withdrew his motion.
Other Committee Assignments (Uncontested)
McShane moved to appoint all uncontested nominees to the various
committees:
• Bellingham International Airport Advisory Committee = Brenner
• Drayton Harbor Shellfish Protection District = Roy
• Economic Development Council = Crawford
• Forestry Advisory Forum = Nelson
• Health and Human Services Advisory Board (2) = Nelson and Brenner
• Public Health Advisory Board = Nelson
• Developmental Disabilities Board = Roy
• Energy Faculty Site Evaluation Council = McShane
• Mental Health Advisory Board = Brenner
• Substance Abuse Board = Crawford
• Law Enforcement Officers and Fire Fighters (LEOFF) Board = McShane
• Marine Resources Committee = Roy
• North Sound Regional Support Network = Nelson
• Northwest Air Pollution Authority = Caskey- Schreiber
• Northwest Regional Council = Nelson
• Portage Bay Shellfish Protection District = Roy
• Opportunity Council = Crawford
• Whatcom Transit Authority = Fleetwood
Whatcom County Council, 1/14/2003, 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.
Motion carried unanimously.
Council of Governments (2)
McShane stated they need one more nominee.
Crawford stated there are two positions on the Council of Governments. One
position is for their General Board and one is for the Executive Board. He has been
serving the past year on both. The obligation for the General Board is once every
month or two.
McShane moved to appoint Crawford to the Executive Board and Crawford
and Fleetwood to the General Board.
Motion carried unanimously.
Interaovernmental Tribal Relations (2
McShane withdrew his name from the nomination list.
Roy voted for Caskey- Schreiber and Fleetwood.
Nelson voted for Brenner and Caskey- Schreiber.
Brenner voted for Brenner and Fleetwood.
McShane voted for Brenner and Fleetwood.
Fleetwood voted for Brenner and Fleetwood.
Caskey- Schreiber voted for Caskey- Schreiber and Brenner.
Crawford voted for Brenner and Fleetwood.
Councilmembers Brenner and Fleetwood were appointed.
Local Emergency Planning Committee
McShane withdrew his name from the nomination list.
Crawford stated he would attend the annual meeting.
(Clerk's Note: The appointment for this committee was not voted on.)
Public Defense Adviso
Whatcom County Council, 1/14/2003, 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.
Fleetwood withdrew his name from the nomination list.
McShane announced that Councilmember Brenner would serve on this
committee.
(Clerk's Note: No vote was taken.)
Solid Waste Advisory Committee
McShane stated he has served on this committee for the last couple of years.
Caskey- Schreiber voted for McShane.
Crawford voted for McShane.
Roy voted for McShane.
Brenner voted for Brenner.
McShane voted for McShane.
Nelson voted for McShane.
Fleetwood voted for Brenner.
Urban County Caucus
Nelson stated this is a caucus made up of the urban counties. However,
Whatcom County is a rural county.
Pete Kremen, County Executive, stated Whatcom County is both urban and
rural. The meetings are held primarily in Olympia. They meet during most of the
legislative session on a monthly or more basis. During the off - months, they don't
have too many meetings. Participation requires extensive travel.
Nelson moved to appoint Caskey- Schreiber.
Caskey- Schreiber declined the nomination.
McShane stated this is a committee assignment that is a bit burdensome for
a part -time council.
Caskey- Schreiber stated she has a full -time job.
Crawford asked Caskey- Schreiber to accept the nomination with the
understanding that she would not be able to attend the meetings, but she would
get the literature and go through it.
Whatcom County Council, 1/14/2003, 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.
Caskey- Schreiber accepted the nomination under those conditions. She does
go to Olympia two or three times per legislative session.
Motion to appoint carried unanimously.
Pete Kremen, County Executive, commended and recognized the diligence
and excellence demonstrated by Councilmember Nelson over the past two years.
The Council has made a wise and prudent selection in electing Councilmember
McShane as the new Council Chair.
SPECIAL PRESENTATION
PROCLAMATION BY COUNTY EXECUTIVE PETE KREMEN DECLARING
JANUARY 2003 AS ALZHEIMER'S AWARENESS MONTH (AB2003 -017)
Pete Kremen, County Executive, read the proclamation into the record. He
introduced Penny Henderson and Ann Denson, co- chairs of the upcoming
Alzheimer's Walk.
Penny Henderson thanked the Council for the proclamation and invited the
councilmembers to the Alzheimer's Walk /Run on January 25, 2003.
Ann Denson stated they attended the City Council meeting the previous
evening. The City Council has challenged the County Council to see how many will
participate in this race /run.
Brenner stated it is scheduled on or near the same day as the Drayton
Harbor Shellfish Protection District oyster feed.
MINUTES CONSENT
Nelson moved to approve Minutes Consent items one through seven.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL — LAW AND JUSTICE MIS PROJECT, FOR
NOVEMBER 19, 2002
2. WATER RESOURCES WORK SESSION FOR NOVEMBER 19, 2002
3. COMMITTEE OF THE WHOLE FOR NOVEMBER 26, 2002
4. REGULAR COUNTY COUNCIL FOR NOVEMBER 26, 2002
Whatcom County Council, 1/14/2003, 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.
S. COMMITTEE OF THE WHOLE FOR DECEMBER 10, 2002
6. REGULAR COUNTY COUNCIL FOR DECEMBER 10, 2002
7. BOARD OF HEALTH FOR DECEMBER 3, 2002
OPEN SESSION
The following people spoke:
Patrick McKee, 2801 Grant Street, Bellingham, spoke regarding the Medic
One tax levy. Set the levy rate at a higher range. The levy amount the councils
are setting is the maximum rate. Each year, during the six years, the Council can
set a rate lower than the maximum rate. Set the rate at the $.40 rate to be sure
the funds are available to fund a first class program.
If they do go ahead with the levy, they need to come up with some way to
relieve property owners from taxes. Currently, the Medic One program is being
funded from the general funds of the City of Bellingham and the County. Various
revenue streams fund the general fund. If they are going to create a Medic One
fund that is funded entirely from property taxes, then the Council needs to grant
tax relief to property owners. Come up with a pledge or program to assure
property owners that the funds they were formerly used for the Medic One program
will be returned to them. The levy won't pass unless there is a property tax
neutrality.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the Birch Bay hostel
was scheduled to have been closed. The County Park Board wants the hostel to
continue. The Birch Bay Lions Club is interested in taking it on as a club project.
They are still working on the finances. The goal is to get it open by March. There
will be some demand for a couple of large groups at Birch Bay at that time.
PUBLIC HEARING
1. ORDINANCE ADOPTING A MINERAL RESOURCE LAND
COMPREHENSIVE PLAN AND ZONING DESIGNATION FOR THE
BENNER PROPERTY (AB2002 -084L)
McShane opened the public hearing and the following people spoke.
Jonathan Sitkin, 1500 Railroad Avenue, Bellingham, stated he represents
the Benners. He would like Benner and Killam applications to be considered
together. Also, just before the Council meeting started, an easement agreement
was signed that gave the Benners access to a 30 -foot easement for mining access
purposes across the Killam property. County staff has a copy of the agreement.
Whatcom County Council, 1/14/2003, Page 8
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The mineral resource land (MRL) designation for the entire sites can be conditioned
on barring any access to the south. He submitted information to the Council this
afternoon. He submitted more information (on file) indicating that the pipeline
crossing Minaker Road is adequate. He also submitted an engineering analysis
from a professional engineer on mine volumes of the Benner and Killam sites.
Because the Benner and Killam properties are joined, there is no issue about
whether the one million cubic yards of resources exists.
He submitted a map that depicts the boundaries of the entire area, as
surveyed and digitized over an aerial photograph, with the pipeline easement. It
also shows the volumes calculated based upon the resource. The resource in the
expanded areas is only calculated to a depth of 13 feet.
There is a million yards of extractable sand, proven by testing by geologists
and engineers. The overall site is over 20 acres. Criteria doesn't apply because
they are not dealing with accessory conditional use permits. The site has been
classified as MR2, and has a proven resource based upon those calculations and
the testing that was done for the expanded Killam area. The Benner area meets
the testing requirements. Doug Goldthorp reviewed and confirmed that. It is not
adjacent to any developed residential zones or subdivisions. It is not within a five -
year zone of contribution for designated wellhead protection areas. The MRL does
not enclose 50 percent of non - designated parcels. The abutting parcel size does
not exceed a nominal five acres for more than 25 percent of the perimeter of the
site. All ten criteria are clearly met. The issue raised was of the access going to
the south, which was not a designation issue. However, they've developed an
easement that would go to the north and would resolve that issue.
Caskey- Schreiber asked if the easement to the north is conditioned on the
Killam's MRL application being approved. Sitkin stated there was no opposition
from either the Killams or Benners. They were focused more on location. It was
not specifically discussed.
Brenner stated the letter he submitted from William's Pipeline referenced
the access from Minaker Road. She asked if approval guarantees that the owners
will use the easement to the north and not the Minaker Road. Sitkin stated that if
they condition approval of the MRL to bar access to the south, then the permit
conditions would be so conditioned.
Brenner asked if the Council could condition approval that way.
Dave Grant, Senior Civil Deputy Prosecutor, stated they can.
Ron Robertson, 4419 Minaker Road, Sumas, stated he is glad to hear about
the easement. As long as that goes through, he and others will have no objection
to the mine. He just doesn't want them on the Minaker Road.
Betty Robertson, 4419 Minaker Road, Sumas, stated she is strongly opposed
to trucks using Minaker Road for access to the gravel pit. Trucks would enter and
Whatcom County Council, 1/14/2003, Page 9
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exit approximately 200 feet from her home. When she moved to Minaker Road, it
was quiet and rural. There is very little traffic and noise. It is pleasant, quiet, and
rural. Once that is gone, it will never be back.
Dale B. Ulm, 4445 Minaker Road, Sumas, stated he was relieved to hear of
the easement agreement. It takes a huge load off his mind. He asked that any
approval of the MRL would be contingent upon Minaker Road not being used as an
access.
Suzanne Lange, 4373, Minaker Road, Sumas, asked that approval be
contingent on access not being on Minaker Road.
Jan Hatch, 9008 North Pass Road, stated she is happy to hear of the
easement agreement. Minaker Road is not conducive to gravel trucks. It is not
wide enough, and there are many dangerous corners. Approve the MRL with the
stipulation that access not be on Minaker Road.
John Kirk, 4332 Minaker Road, Sumas, stated the Council needs to seriously
consider the conditional access.
Hearing no one else, McShane closed the public hearing.
Brenner stated she wanted to make sure they can legally condition approval.
Grant stated he's not familiar with the precise language.
McShane stated the Planning Commission conditioned approval with having
access only to the north.
Grant stated the objectionable language that was apparently stricken was
directed more toward trying to order the Killams to grant an easement, as opposed
to just conditioning the approval of the zoning change on access to the north.
That's a different creature. If that's what they want to do, then they would have
to draft language to accomplish that.
Brenner read the language from the Planning Commission. She asked why
it had to be taken out.
McShane stated the Natural Resources Committee recommended that the
language be removed. It came before the full Council to schedule a public hearing
with that language removed. That doesn't mean the Council can't put it back in.
Brenner stated the Council was legally advised that it couldn't have that
language.
Roy stated the Natural Resources Committee was told that it can't keep the
language.
Whatcom County Council, 1/14/2003, Page 10
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(Clerk's Note: End of tape one, side A.)
Roy continued to state that they could not legally force the Killams to give
access to the Benners. Now the situation has changed because the Killams and
Benners have an agreement for an easement. It is a different legal issue than
what was before the Natural Resources Committee.
Brenner asked if the County Council can insert that very same language.
The property owners can have all the agreements they want, but it doesn't
preclude the owners from changing the agreement and having access to Minaker
Road in the future. If the Council approves this, she wants to make sure there is
no possibility of any easement onto Minaker Road. Grant stated the Council could
include that language legally.
Nelson moved to forward to the concurrency hearing conditioned upon
access as agreed to in the Benner /Killam agreement to the north.
Crawford stated the Council could condition approval on access not being to
Minaker Road. How the two parties get access is up to them. Crawford
proposed a friendly amendment to adopt this with the language that there shall
be no access to the Minaker Road. How the parties get access is up to them.
Nelson accepted the friendly amendment to his motion to approve the
ordinance.
Brenner asked if the Council put the same condition on the Killam ordinance.
Grant indicated that the Council could.
Caskey- Schreiber asked what happens if the Killams back out of the
agreement. Sitkin stated the agreement is signed and notarized.
Nelson stated that approval of MRLs is not allowing the permit.
Crawford stated they are talking about a Comprehensive Plan designation.
He asked if that allows a mechanism where the Council can include conditions.
Grant stated an ordinance goes along with it and that will guide the administrative
permit that will ultimately be sought.
Crawford asked if every MRL ordinance could be crafted specifically to that
MRL. Grant stated they could.
Motion to forward to the concurrency hearing with the amendment
carried unanimously.
2. ORDINANCE ADOPTING A MINERAL RESOURCE LANDS
COMPREHENSIVE PLAN AND ZONING DESIGNATION FOR THE
KILLAM PROPERTY (AB2002 -084M)
Whatcom County Council, 1/14/2003, Page 11
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McShane opened the public hearing and the following people spoke.
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden, stated she represents
the Killams. This is a request for a 69 -acre addition into the MRL. It lies on both
sides of the Benner request that the Council just approved. This item doesn't
grant a permit. There will still be a need to go through an administrative approval
process with Whatcom County, the State Department of Natural Resources, and
the State Department of Ecology.
The application materials were approved by County staff before the Planning
Commission hearing. Staff noted two issues. One issue related to the quality of
the aggregate. The other issue related to the total volume of the resource on site.
The Planning Commission made a condition that the additional analysis on quality
and volume be submitted. That analysis was turned in to Whatcom County and
reviewed and deemed acceptable by the County geologist. She submitted the
analysis to the Council (on file).
The Killam site meets the necessary criteria for MRL designation. The site
contains the necessary yardage of material. The resource from the current mine
goes to an approximate depth of 40 feet. The site is over 20 acres, is not
surrounded by residential use, and does not surround by 50 percent non -MRL
parcels.
Docketing this area this year will protect this resource. The only immediate
change is that the Killams will not be able to subdivide their property into parcels
of less than 20 acres. That is the protection Whatcom County gains from an MRL
designation. That protection will allow this material to be available for use in
future years for an aggregate supply. As the Council continues to look at the
quantity and quality of available aggregates in Whatcom County, this area will be a
protected supply.
The Planning Commission sought to condition the access of the Killam
proposal as well as the Benner proposal. The Planning Commission sought to tell
the Killams that they shall grant an easement to the Benners, or would not be
included in the MRL. That was the objectionable issue from a legal standpoint.
The Killams and Benners have entered into an agreement. The Killams have no
objection to a restriction being placed on their application indicating that they will
not access to Minaker Road.
The question was asked about the enforceability of an agreement between
the two parties. Any legal contract between parties can be enforced by the court.
In the event that there is an issue by either party, it won't be a County Council
issue. She submitted a letter into the record (on file). Because this is not a
permitting request, all aspects of the operation will go through the proper
permitting and environmental reviews at that time.
Hearing no one else, McShane closed the public hearing.
Whatcom County Council, 1/14/2003, Page 12
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Nelson moved to forward to the concurrency hearing.
Brenner suggested a friendly amendment to condition approval on
there being no access onto Minaker Road.
Nelson accepted the friendly amendment.
Motion to forward to the concurrency hearing as amended carried
unanimously.
Caskey- Schreiber stated the neighbors are concerned about mining the
Killam parcel over the Williams pipeline. She asked if they are just assuming that
the mining operation will be done cautiously and the operation will adhere to the
125 -foot buffers, even though it has been disturbed and exploded in the past.
Nelson stated they would have to have a condition applied through the
permitting process.
McShane stated he assumed the 125 -foot buffer is a condition of the
easement.
Doug Goldthorp, Senior Land Use Specialist /Geo- Hazards, stated the 125 -
foot buffer is a typical buffer around a pipeline.
Caskey- Schreiber asked if the Council could designate a larger buffer if it
wants to be safer. Goldthorp stated it could.
Starkenburg - Kroontje stated there is already a State Environmental
Protection Act (SEPA) condition. This process triggered SEPA review, which
resulted in a mitigated determination of non - significance. That mitigated
determination of non - significance included the setback for the pipeline, which is
significantly larger than the pipeline easement. The pipeline company provided a
letter indicating that it is comfortable with the setbacks being to its easement. The
County, out of caution, set buffers larger than what the pipeline company found
acceptable. That is now a condition that carries forward into the permitting
stages.
Brenner asked if the County has done enough research to determine that
the 125 -foot buffer is appropriate. Goldthorp stated it has. There was another
case in Whatcom County with similar circumstances, so the staff had some
background information it could rely on.
Brenner asked what happens to the other Comprehensive Plan amendments
if the Council chooses to not approve one. Grant stated it is not an all -or- nothing
option. The Council can reject an amendment. The annual concurrency
examination is about how the amendments dovetail with the budget.
Whatcom County Council, 1/14/2003, Page 13
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Caskey- Schreiber asked if erosion would be an issue in the future if the
aggregate is extracted up to the 125 -foot buffer.
McShane stated it is a very conservative buffer.
Goldthorp stated erosion won't be a factor or safety issue over time. The
pipeline company has done its own analysis, and the County is asking for a larger
buffer than what the pipeline company requires. The pipeline company doesn't
want its pipeline ruptured any more than anyone else does. The County added
that margin of safety with the wider buffer. A 2 -to -1 slope is required on the pit
wall anyway. That makes a big difference also.
McShane asked for the vote to be taken again.
Motion to forward to the concurrency hearing with the amendment
carried unanimously.
3. ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE
FRANCHISE TO PEACE ARCH FACTORY OUTLET FOR A PERIOD OF 25
YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE
WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND
MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES ALONG
CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF
WHATCOM COUNTY (AB2002 -418)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved to adopt the ordinance.
Crawford asked for an explanation of what they are doing.
Heather Wolf, 709 DuPont, stated she is the attorney for the applicant. The
applicant has had a revocable encroachment permit for his water main for
approximately ten years. His lender is requiring him to get a franchise because it
gives the property owner more security in maintaining the water line.
Crawford asked why the County is involved.
Dave Grant, Senior Civil Deputy Prosecutor, stated the County owns the
road and right -of -way.
Crawford asked if the revocable permit is issued by the County. Wolf stated
it is.
Crawford asked if there is any compensation to the County for this. Wolf
stated the applicant paid for the improvements that are there. There was an
annual fee with the encroachment permit. The franchise ordinance requires that
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the applicant carry insurance and post a bond. The County does this most
commonly for water associations. This is a pretty common type of franchise.
Roy asked if the administration endorses this item. Grant stated he has
talked to Dan Gibson about this item. Mr. Gibson helped draft the franchise
agreement. They are all comfortable with it going forward.
Motion carried unanimously.
4. RESOLUTION REGARDING APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (AB2002 -450)
(Clerk's Note: The required handouts for the CDBG are included in the
Council's packet.)
McShane opened the public hearing and the following people spoke.
Samya Clumpner, Lummi Island Community Land Trust Executive Director,
stated the cost of housing on Lummi Island has skyrocketed and has driven out
the lower income households from the community. The development is a nine
single - family cooperative development. She presented information on the citizen
participation requirements for the CDBG program (on file). The request is for
$223,737 from the CDBG program. It will be gap financing to enable the
households to afford the homes. It is a $1.7 million project. The households will
pay only a small portion of that amount. This grant will allow people earning 30
percent of the area's median income to live in these homes.
Nelson asked if the amount the Council was approving is $225,000.
Clumpner stated the numbers were adjusted somewhat. The correct amount is in
the handout.
Brenner stated she doesn't understand how they are going to have
affordable housing on Lummi Island because of the ferry. Ferry rates are going to
keep increasing. She asked the income level of people who can afford to live in
this affordable housing. Clumpner stated a survey in 2000 indicated that over
one -third of residents depend on island businesses for their primary source of
income. The majority of the households that have applied and been accepted
depend on island -based income. One person has a landscaping company. There
are a number of service workers that work at the Willows Inn, Nettles Farm, and
other similar places. Their mission is not to serve those who are from outside of
the community, but to serve existing island residents and to preserve the
traditional economy of Lummi Island.
Hearing no one else, McShane closed the public hearing.
Nelson moved approval of the resolution.
Motion carried unanimously.
Whatcom County Council, 1/14/2003, Page 15
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CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee.
Crawford moved approval of Consent Agenda items one through five.
McShane withdrew items one and two.
Motion to approve Consent Agenda items three through five carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE INTERNATIONAL
FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL
17 COLLECTIVE BARGAINING AGREEMENT (AB2003 -028)
Nelson moved to approve the request.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND TEAMSTERS LOCAL
UNION NO. 231 MASTER COLLECTIVE BARGAINING AGREEMENT
(AB2001 -390)
Nelson moved to approve the request.
Chris Heintz, representative of Whatcom County Employees for Wage Equity
(CEWE), stated that although the contract was ratified by the membership of the
union, it was only ratified because of the unlawful threat that employees would lose
their retroactive pay and unilateral implementation of the contract by the County.
Employees simply couldn't take the chance. The Union and the County both told
the employees that the County would take away the retro pay. The law doesn't
allow for that, but the employees aren't lawyers and couldn't take that chance.
They've filed a representation challenge and appeal. Unfair labor practices
(ULP) are currently pending. The County and the Teamsters are unlawfully
negotiating to come up with this contract. If the Council approves this contract, it
can be considered an extension and an act of participation by the Council in the
unfair labor practices, further exasperating this matter. If the appeal or ULP are
ruled in favor of the Whatcom CEWE, the contract will probably be rolled back,
causing a catastrophic mess. Some of the consequences would include breaking a
contract with the medical provider, repaying employee out -of- pocket medical
expenses, recovering retroactive pay from employees, and more. However, these
extremely adverse consequences can be avoided if the Council does not approve
this contract and the status quo is maintained. They have also filed a notice of
request for emergency relief to speed up this process.
Whatcom County Council, 1/14/2003, Page 16
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Brenner asked if the Council is acting lawfully to approve this request.
Dave Grant, Senior Civil Deputy Prosecutor, stated it is.
Caskey- Schreiber asked if the CEWE folks are against the contract or the
union representation as it is with this contract. Heintz stated they are against both.
She submitted information (on file), including a joint salary study that the Union
and County did together. It illustrates the adjustment percentage of which the
County employees are behind the City of Bellingham and five comparable counties.
This information was used in the Sheriff's arbitration. She also submitted
information on the actual salary decrease, after out -of- pocket expenses, and which
people are calling a two percent increase. Last, she submitted information on all
the increases and raise that Teamster's said the employees will get. The lowest
paid employee will receive $35 per month. That employee is already on public
assistance but will not qualify for it any longer because it looks like she has a two
percent raise. However, the person has to pay $58 per month for benefits and $8
in dues. She can't afford the co -pay to go to a doctor's appointment.
Chuck Eggert, Teamsters Local 231, stated the Union has been in negotiation
with the County for a year. In the meantime, disgruntled employees filed lots of
charges. None of them have been approved. Of the membership, 220 people
voted yes and 99 people voted no. They were not happy with the contract, but
they also know what is going on with other counties, cities, and what is happening
to health care plans all over the nation. He asked for Council approval. The
members have accepted it. CEWE will continue to do what it will. The Union
negotiated in good faith.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
MODIFICATION OF CONTRACT BETWEEN WHATCOM COUNTY AND
THE CITY OF BELLINGHAM, TO PROVIDE FUNDING FOR THE ALCOHOL
PROTECTIVE CUSTODY PROGRAM IN THE AMOUNT OF $56,036
(AB2003 -029)
4. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY TAX
REFUNDS (AB2003 -030)
S. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
NEGOTIATION (AB2003 -031)
OTHER ITEMS
1. APPOINTMENT TO THE SOLID WASTE ADVISORY COMMITTEE
(AB2003 -026)
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Brenner moved to appoint Rod Pemble.
Motion carried unanimously.
2. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
WILLIAM KEOWN AND GILBERT THURSTON TO THE NORTHWEST
SENIOR SERVICES BOARD (AB2003 -032)
Nelson moved approval.
Motion carried unanimously.
3. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
JONATHAN MCGRATH AND THE REAPPOINTMENT OF FRANCES
ARMINTROUT, ALLISON HAHNEL AND KEN LARSON TO THE
DEVELOPMENT DISABILITIES BOARD (AB2003 -033)
Brenner moved approval.
Motion carried unanimously.
Crawford stated Ms. Armintrout, Ms. Hahnel, and Mr. Larson are self -
advocates on the Board. They fill an important role, and are excellent choices.
They are great people. The Council needs to have a presentation from these folks.
Roy stated they've developed a television spot. She has invited them to
come to the Council. One of the self- advocates is now the chair of the committee.
4. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
PHYLLIS ENTRIKIN, LARRY ESTRADA, JIM KAEMINGK TO THEIR
SECOND FULL TERMS AS MEMBERS OF THE ETHICS COMMISSION
(AB2003 -034)
Nelson moved approval.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
SCOTT MCCREERY AND AMY KRAHAM TO THE MARINE RESOURCES
COMMITTEE (AB2003 -035)
Caskey- Schreiber moved approval
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
ANDY ROSS AND THE APPOINTMENT OF CHAD SCHULHAUSER TO THE
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DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE
(AB2003 -036)
Caskey- Schreiber moved approval
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
KIMMERON L. POSTER TO THE CIVIL SERVICE COMMISSION
(AB2003 -037)
Brenner moved approval.
Motion carried unanimously.
8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
PATRICIA WOODALL TO THE PARKS AND RECREATION COMMISSION
(AB2003 -038)
Fleetwood moved approval.
Motion carried unanimously.
9. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
EDWARD ONYON TO THE RURAL LIBRARY BOARD (AB2003 -039)
Nelson moved approval,
Motion carried unanimously.
10. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
BEVERLY PORTER AND DAVID ASHTON TO THE MENTAL HEALTH
ADVISORY BOARD (AB2003 -040)
Brenner moved approval.
Motion carried unanimously.
11. RESOLUTION AMENDING RESOLUTION 2002 -029, APPROVING A
SALARY SCHEDULE FOR UNREPRESENTED EMPLOYEES FOR THE YEAR
2002 (AB2003 -042)
Caskey- Schreiber moved approval.
Brenner moved to amend the resolution to remove the Executive,
Prosecuting Attorney, Sheriff, and Council.
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Motion to amend failed 1 -6 with Brenner in favor.
Motion to approve carried 5 -2 with Brenner and Crawford opposed.
12. RESOLUTION AMENDING RESOLUTION 2002 -049, APPROVING A
SALARY SCHEDULE FOR UNREPRESENTED EMPLOYEES FOR THE YEAR
2003 (AB2003 -043)
Roy moved approval.
(Clerk's Note: End of tape one, side B.)
Brenner moved to amend the resolution to remove the Executive,
Prosecuting Attorney, Sheriff, and Council.
Motion to amend failed 1 -6 with Brenner opposed.
Motion to approve the resolution carried 4 -3 with Crawford, Nelson,
and Brenner opposed.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Fleetwood withdrew item five for discussion. Fleetwood moved to amend
the ordinance to delete the date of April 22, 2003 in the title and to leave the
voting date blank. It's not necessary to designate that date today.
Nelson stated the Council had a meeting with City Council Members about
this item. He does not support the April date, but the City of Bellingham and
Whatcom County have to concur on this ordinance. He would move an amendment
to include a specific dollar amount. That would give the City Council a chance to
know where the County's position is. It's important to be consistent and have the
voting date on the ordinance. The ordinance will come back to the County Council
for discussion and approval. It can be changed then. In the meantime, the Council
will have that discussion. It's important that the public have information on the
dates and levy rate.
Fleetwood withdrew his motion.
Brenner moved to amend the ordinance to change the date in the title,
"...at a speeial eleetien en ApFil 22, 2 the general election on November 4,
2003, a proposition...."
favor.
Motion to amend failed 3 -4 with Nelson, Brenner, and Crawford in
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Crawford moved to include language "property tax levies of $2,700,000 or
less" in place of "per $1,000 of assessed valuation" in all locations in the ordinance.
Caskey- Schreiber stated the Council had a public meeting today in which the
councilmembers stated their preferences and voted on them. The Council left an
impression with all those present and the City Council Members. They should not
make that change at another meeting on the same day, when the Council is going
to review it again. They need to have some continuity for all those people.
Crawford stated that is a good point. Crawford withdrew his motion.
Brenner stated specifying an amount such as $2.7 million is confusing. The
levy rate is a certain amount per thousand. She doesn't understand how that can
change.
Dewey Desler, Deputy Administrator, stated the County has the ability to
either use a rate per $1,000, or a specific amount. If the County uses an amount,
the language should say, "a levy in the amount up to...." The County Council would
have the choice each year to levy that amount during the budget time. The same
thing would apply to the rate. The language should say, "up to a levy rate of...."
The County Council would have the choice of doing that as long as the levy rate and
levy amount does not exceed 101 percent of that collected the year before.
Crawford stated his point today is that the Council would ultimately assign a
dollar figure to the total levy.
Crawford moved to amend the ordinance to specify a levy rate of $.255 or
less per $1,000 in all locations in the ordinance.
issues.
Nelson stated that amount funds the current service level.
Crawford stated it also includes some funds for inflation and other things.
Nelson stated it does not include funds for Point Roberts, dispatch, and other
Motion failed 1 -6 with Crawford in favor.
Nelson moved to insert a levy rate of $.384 per $1,000 in all locations in
the ordinance. It is an average of all the rates preferred during the meeting today.
McShane stated they should look very carefully at those numbers and the
various scenarios that play out. Adjust that number accordingly.
Brenner stated Mike Lee spoke to that issue today. Mr. Lee said the levy
rate of $.37 would cover the fifth medic one unit, dispatch, the refund to the fire
districts, and Point Roberts. The County should not do any more than what is
absolutely necessary.
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Fleetwood stated he would vote in favor of the motion, but he prefers a levy
rate of $.39. That is the minimum levy that was acceptable to the fire districts.
Nelson stated all the councilmembers had a variety of preferred levy rates,
ranging from $.37 to $.40, with the exception of Councilmember Crawford, whose
preference was lower than that range. The amount in his motion is an average of
all those preferences. The fire districts want a levy rate in the range of $.37 and
$.41 per $1,000 of assessed value. Each cent of the levy rate will generate
approximately $130,000. The fire districts were trying to generate reserves and
other services.
Roy stated a rate of $.37, which is a minimum from which they can begin
discussions. Start with the lowest rate in the range of acceptable rates.
Psychologically, it's more positive to add to the rate than to take it away.
Motion failed 3 -4 with Nelson, McShane, and Fleetwood in favor.
Brenner moved to insert a levy rate of $.37 or less per $1,000 in all
locations in the ordinance.
Nelson stated the Fire Commissioners who do the budgeting asked for a rate
higher than $.37. The City of Lynden is concerned with any rate lower than $38.
Brenner stated she would rather start at the bare minimum that the fire
districts said they could deal with.
Motion carried 6 -1 with Crawford opposed.
Motion to accept the Introduction Items, with item five as amended,
carried unanimously.
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM NEIGHBORHOOD COMMERCIAL (NC) TO TOURIST
COMMERCIAL (TC) FOR .7 ACRES IN THE LAKE WHATCOM
WATERSHED (AB2002 -453)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO ADD 12 ACRES TO THE FERNDALE URBAN GROWTH AREA
(OLSON /NELLES SITE) (AB2002 -084D)
3. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY
NEGOTIATION (AB2003 -031A)
4. ORDINANCE MAKING IT A CLASS 1 CIVIL INFRACTION, AND A
MISDEMEANOR UPON THE THIRD VIOLATION, TO OPERATE OR RIDE
MOTORIZED VEHICLES UPON DIKES AND LEVEES ALONG THE
NOOKSACK RIVER WITHOUT AUTHORIZATION (AB2003 -041)
Whatcom County Council, 1/14/2003, Page 22
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S. ORDINANCE SUBMITTING TO THE VOTERS OF WHATCOM COUNTY A
PROPOSITION IMPOSING THE LEVY OF AN ANNUAL PROPERTY TAX
FOR SIX YEARS TO FUND FIRE SERVICE PRE - HOSPITAL EMERGENCY
MEDICAL SERVICES (AB2003 -027A)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Roy stated she will arrange for the councilmembers to see some of the
activities of the Developmental Disabilities Committee.
Nelson stated an individual has been concerned about having a noise
ordinance. He will discuss some possibilities with the Sheriff's Office on that issue.
Brenner stated three County councilmembers went to a meeting with
farmers. She felt that Roger Bajema had a legitimate concern. She asked the
Executive to allow County staff to provide information on that issue. She wanted to
understand what happened. It didn't seem to be a spill.
Caskey- Schreiber asked if Councilmember Brenner had read the Department
of Ecology's report.
spill.
Brenner stated she had. It was absolutely ridiculous. It didn't look like any
Caskey- Schreiber stated it happened in October.
Brenner stated there were photographs from October. It didn't look like a
spill. It looked like a guy was turning around, and something fell off his truck that
was minimal. The County doesn't have any control over the Department of
Ecology. It was the County's own administrative people who put it down as a
moderate rather than minor violation.
McShane stated this is an administrative matter that could be appealed to
the Council. The councilmembers talked about that during the site visit. The
farmer has appealed it. He would be curious to know the number of manure
spreading violations the County has cited. He would like a report on this program.
Brenner spoke regarding having a six -foot fence with a seven -foot limit on
agricultural land. There should not be a limit for fences. She asked to find out
where the seven -foot maximum limit came from and whether the Council could
amend the statute to not require permits on agricultural fences.
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Pete Kremen, County Executive, stated the administration would provide any
information the Council desires, as long as the administration has that information.
Before councilmembers make somewhat disparaging remarks about staff, he
would at least like the administration to be provided the information and then talk
about whatever corrective action needs to be made, if necessary. He is very proud
of his staff, which does an excellent job. There are constituents who have been
levied with fines and penalties at times for whatever reasons. Hopefully they are
justified. Most of the time, they are. These are gray issues. He would at least like
the opportunity to provide information he has that backs up whatever position the
administration takes.
Brenner stated she didn't understand what was disparaging. She was just
asking questions.
McShane stated he was concerned that Councilmember Brenner was
expressing an opinion that would remove her from the appeal process.
ADJOURN
The meeting adjourned at 9:01 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 28 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 1/14/2003, Page 24