HomeMy WebLinkAboutCouncil January 28 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 28, 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: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
ANNOUNCEMENTS
McShane announced that there was discussion with a representative from the
Whatcom County Prosecutor's Office regarding pending litigation — two cases
(AB2002 -018).
SPECIAL PRESENTATION
PUBLIC FACILITIES DISTRICT QUARTERLY REPORT (AB2003 -044)
Don Keenan, City of Bellingham Deputy Administrator, stated he is the Public
Facilities District team leader. He thanked the Council for its participation. He
introduced the presenters.
Dunham Gooding, Public Facilities District President, discussed the history of
the concept of the public facilities districts. The local public facility district (PFD)
was formed last July. Seven members were appointed to serve on the board. He
spoke of potential projects. He spoke on the purpose and authority of the local
public facility district. A regional center may include partial renovation of the Mt.
Baker Theater, acquisition of land adjacent for expansion of the Mt. Baker Theater,
purchase of several properties in the city center for future regional center
development, partial renovation of the Whatcom museum, future conversion of the
existing Bellingham Public Library into museum uses, and land acquisition and
development of related parking facilities. A library is not a PFD eligible building,
but there is a tremendous need for a new library in this region. There is huge
public support for it. It is viewed as a key element of the Centennial Center.
There is a long history locally of visioning planning strategic processes that
Whatcom County Council, 1/28/2003, Page 1
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.
1 independently involved many in the community. They all came to the same
2 conclusion. There are many good things that can be done. However, these
3 projects would provide the most return for the investment. He explained the
4 process used to develop this list of potential projects. Many groups of citizens,
5 commissions, and committees have come to the same conclusion, independent
6 from each other, over the years. The twin goals are to improve the quality of life
7 and improve the economic health and vitality of the region. Either of these goals
8 can stand -alone and justify this project. Together, they present a clear call to
9 action for the well being of this region. The cultural benefits are obvious. The
10 Bellingham Public Library has the third highest per capita use in the United States.
11 The theater and museum are brilliantly managed and present immensely diverse
12 programs that attract citizens from all walks of life. They are vibrant organizations
13 committed to serving the diverse interests in the community. The museum and
14 theater each have over 100,000 visitors each year.
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16 The economic benefits to the county and city are huge. There will be
17 additional use of facilities and related spending. There will be significant capital
18 investment in the area by the private sector. There will be augmented ability to
19 recruit corporations that bring with them the kinds of good and excellent paying
20 jobs they are after for the county and city.
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22 With the creation of this cultural centennial center, there will be a point
23 destination identity. It will draw people from within and without the region to a
24 grand scale. A recent study figured out precisely the impact of the Arts on the
25 economy in America. Bellingham was one of the 91 community partners that
26 participated in the study. The study found that $10.6 million is generated annually
27 by not - for - profit arts organizations and their users. In the vision for this project,
28 overhead will go up slightly, but spending by users will double or triple. The
29 increase will be out of proportion to the enlargement they are planning for the
30 facilities. Half of the $10.6 million is from the organizations and half is from the
31 users, which may double or triple. Visitors will be drawn for day and overnight
32 stays. Discretionary dollars that currently go to Vancouver and Seattle will stay
33 here.
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35 Another economic benefit is the capital expenditure. The national record of
36 minimal investment for capital expenditure by public agencies is three to one. For
37 every dollar of public money spent, there is a minimum of three dollars of private
38 investment and capital spending. If they realize the entire project at $60 million,
39 they will have a $180 million investment. It is extremely uncommon to have a five -
40 to -one ratio. It is more common in bigger projects. The larger the project is, the
41 bigger the image building, the larger the sense of point destination, the bigger the
42 perception of value and the willingness to invest. If they hit a five -to -one ration, it
43 is a $30 million investment to gain $180 million to $300 million in private
44 investments.
45
46 The third economic benefit is the ability to recruit corporations of high
47 desirability. These are the companies that have good or great family wage job.
Whatcom County Council, 1/28/2003, 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.
There have been studies done on what executives look for when relocating
companies. Consistently, the answer is the perception of the identity of the town,
cultural assets, quality of schools, and proximity to recreational opportunities.
He discussed the significant activities of the PFD to date. In 2002, they were
formed. They received the first distribution of money in November. The regional
center concept was approved in December. On December 31, 2002, the PFD
purchased unit five of the Mt. Baker Theater building. This year, they've begun a
couple of studies. They are designing a request for proposals for a fundraising
feasibility study. As part of the $60 million project, they will need to raise $30
million from the private sector, including individual donations, corporate donations,
and money from national foundations. There are a number of national foundations
that give large chunks of money for the purpose of revitalizing core areas and also
for cultural facility development. The feasibility study will help them find out if they
can capture those monies. The results will guide them in how ambitious or
conservative they need to be in terms of the scale of the project. Finally, they just
let out a scope of work for the theater expansion.
Crawford asked how far away they are from capitalizing on the daytime use
of parking facilities in this area. Gooding stated he is reporting on the things that
have been definitively embraced. There are a lot of things that are still in the
works. Part of the vision would be to have several layers of underground parking in
the core area. That would serve civic and public needs during the day, and serve
the cultural needs at night.
Crawford stated the availability of parking would have a huge impact on
attracting business and investment. Gooding stated he agreed.
Roy asked about the representation from citizens all over the county.
Gooding stated most involved in the visioning process were from the City of
Bellingham. It was not a county visioning process. He doesn't anticipate doing a
county visioning process. To do a center of regional significance, they are required
to make a $10 million capital investment. With the amount of money the County
would receive as a rebate, they weren't close to that money. That is why the City
and County combined to do a project that would benefit both the City and the
County.
Roy asked if there was representation of the citizens who are from outside of
the City of Bellingham and who are from the county for the part of the discussions
on the area -wide needs. Gooding stated the focus was on Bellingham. It's clear
that, because of the weight of the money, it would be in Bellingham. The complete
history left little to debate from a practical point of view. Meeting the needs of the
community was the basis of the discussions. The discussions and investigations
that went into the conclusions by the different groups were investigations of what
they can do for the economy and investment in the region that will have the most
payback for the citizens. It turns out that it is cultural. That was not the starting
point. That was the conclusion.
Whatcom County Council, 1/28/2003, 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.
Therese Holm, City of Bellingham Finance Director, stated the financial
report for 2002 is in the Council packet. PFD revenues are financed from a sales
tax rebate. The revenue from the rebate is about $730,000 annually, which they
expect to grow as retail sales increase. Based on the projections, they estimate the
total sales tax rebate will finance a project of $13 million to $15 million to develop
the regional center.
They have received two months' worth of sales tax rebate from the State, at
$140,000. There is also a short -term loan included a revenue to finance startup
costs and the purchase of land. Expenses are straightforward, and are listed in the
Council packet. An ending cash balance of $104,000 will be carried forward to next
yea r.
When the public facilities district finalizes the project components for the
regional center, the finance staff will work with the financial advisor to develop a
financing plan. They anticipate issuing a bond later this year.
Pete Kremen, County Executive, spoke on the County's desires of this
project. When the County assembled the board, he let it be known the County's
desire to realize a parking facility that would serve County employees, City of
Bellingham employees, and the citizens of Whatcom County who are doing their
business at this courthouse. About $250,000 is generated each year by the County
towards this project. The City of Bellingham would contribute approximately
$450,000. Over one -third of the money is being generated by Whatcom County.
This civic area of the city is woefully low and in need of more parking spaces. Any
expansions will add to that need. It makes prudent sense to consider and work on
the parking facility aspect of this project.
MINUTES CONSENT
Nelson moved to approve Minutes Consent items one through three as
amended.
Motion carried unanimously.
1. SPECIAL COUNTY COUNCIL - INTERIM SHERIFF INTERVIEWS, FOR
DECEMBER 6 AND DECEMBER 10, 2002
2. COMMITTEE OF THE WHOLE FOR JANUARY 14, 2003
3. REGULAR COUNTY COUNCIL MEETING FOR JANUARY 14, 2003
OPEN SESSION
Whatcom County Council, 1/28/2003, 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.
The following people spoke:
Bob Wiesen, 3314 Douglas Road, stated the public is having a hard time with
the process. It's difficult for the public to make an informed decision when new
information comes forward on the day of the vote. There are too many public
hearings scheduled tonight. County citizens are probably paying close to half of the
public facilities because they have to shop in Bellingham.
Joan Hayner, 267 Valley Highway, Sedro - Woolley, stated she is in support of
the rezone of the Scooter Stuff store. The previous speaker talked about a point
destination and spending in the county. As the County Council, they have been
trying to encourage businesses, industry, and tourism into the county. The delays
that have been making it difficult for a small business to stay in business is
unreasonable. This small business supports a family and maintains a historic
building in this county. The south end of Whatcom County is often not well
represented. The neighborhoods are far apart. Allow this business to continue. A
business that is providing the service to a lot of people who have a high
recreational interest in motorcycles and riding are coming into Whatcom County
and to this store. Change the zoning so the business is allowed to continue.
Dennis Jones, 1487 Sudden Valley, thanked the Council. The Sudden Valley
Citizens Park and Recreation District Committee completed it's feasibility study.
The study found a 100 -acre wood with access and a 35 -acre campground.
Pete Nelson, 6415A Vista Drive, Ferndale, stated he is a teacher and
freelance writer. He is in support of the rezone of the Park Store. The Park Store is
of historical benefit. The owners have restored the building. A rezone would
facilitate the continued restoration and maintenance of a county building.
There is no threat to the watershed or Lake Whatcom. The owners are
entering into a concomitant agreement to prevent the release of fluids. Engine
repairs are strictly prohibited.
The rezone fits in the Comprehensive Plan. The property is designated as
crossroads commercial. Two zoning classifications are considered crossroads
commercial, tourist commercial and neighborhood commercial.
Throughout this process, Park Store supporters have been frustrated from
new concerns expressed by the County. The new rezone effectively addresses
neighborhood and County concerns.
Al Forbes, 12852 - 16th Avenue, South Surrey, B.C., stated he supports the
rezone of the Park Store. He comes down here two or three times each month.
During the summer months, he's spent several thousand dollars on his motorcycle
at the store. The people at the store are worth making the effort to the store. He
has promoted this store and area to motorcyclists. There are approximately 150 to
Whatcom County Council, 1/28/2003, 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.
200 Canadians who come to this store and spend a lot of money. They are truly
representative of the tourist trade that is being brought to the area.
The owner of the store has never been willing to do a fluid change, although
he taught him to change the oil on his own bike. He buys his oil and filter from the
owner and takes instruction from him, but he will not change the oil.
Chuck Berlemann, 2483 Yew Street Road, stated he is in support of the
rezone of the Park Store. The gentleman from Canada who spends his money at
the Park Store is charged sales tax, which is used to support government services,
but the person doesn't live here. The County doesn't have to provide services to
him. It is like free money for the county. Many Canadians come here. The Harley
Davidson motorcycle parts in Canada are double in price from the prices at the Park
Store. People are saving money coming here.
There is a bit of prejudice involved here. People tend to stereotype
motorcycle riders as not so acceptable of a group. He asked the councilmembers to
think about that and understand that is a prejudice. He is a retired naval officer,
and presently works for the City of Bellingham. He and his wife spend quality time
enjoying the one thing Whatcom County has in abundance, its natural beauty. His
motorcycle gets 50 miles per gallon of gas. A typical sport utility vehicle (SUV)
gets ten miles per gallon. Bellingham Fire Chief Mike Lee also rides a motorcycle,
as are a large portion of the firefighters and law enforcement officers.
Jennifer Corn - Leach, 132 Alger -Cain Lake Road, Sedro - Woolley, stated she
supports the rezone of the Park Store. This is a successful business asset to the
community. It provides tax revenue, fundraisers for community organizations, and
is a stopping off point for the recreational motorcycle enthusiasts who drive Park
Road anyway. They have been on this same subject for three years. The owners
have worked with the Planning and Development Department to come to a mutual
agreement to address neighborhood and environmental needs. The proposed
rezone would bring this business into compliance with current regulations. The
Hearing Examiner recommends the rezone. The Planning and Development
Department recommends the rezone also. The owners are residents as well as
business owners in this neighborhood, and will be conscientious neighbors. They
don't sell alcohol or cigarettes, and close at six p.m. Vote for the rezone.
Cal Leenstra, 315 Lakeway Drive, Bellingham, stated he is opposed to the
inclusion of the Lake Samish downzone in the Comprehensive Plan amendments.
There is no justification. It is a public benefit at a huge personal cost to a few
private landowners. It is a deprivation of density that is extended to others right
across the street. A downzone will not protect the lake. It will sound the death
knell for installing a public water system. Current residents are drawing out of the
lake, many without permits from the State Department of Ecology (DOE).
(Clerk's Note: End of tape one, side A.)
Whatcom County Council, 1/28/2003, 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.
Leenstra continued to state that drawing water for domestic consumption is
the worst possible thing one could do to the lake. If lake residents are truly
interested protecting the water and habitat, they would immediately stop drawing
water for domestic consumption and seek public water. If that is not the main
objective, they must conclude it is simply a case of the classic "not in my backyard"
(NIMBY) attitude. He asked the Council for an exemption to the downzone for his
property because preliminary work on development has already been done. It was
the subject of a formal plat application and complete studies engineering for
infrastructure. He would like to be grandfathered into the current regulations. That
would save both sides thousands of dollars of litigation expense.
Philip Buri, Brett and Daugert Attorney, stated he represents Mr. Van Houten
and Ms. Harper in the Park Store rezone. The decision today is whether or not to
support what the Park Store has done by renovating a derelict building and turning
it into a community asset. The Planning Department, Hearing Examiner, and
almost all of the public support the rezone. If the County Council decides against
the rezone, there must be another public hearing, more public process, and another
decision. The time has come for this to end, for the County to stand behind the
Park Store, and to applaud Bob and Shelly for the work they've put into the store.
Carl King, 4283 Bay Road, Blaine, stated he is against the ordinance
amending the official Whatcom County Comprehensive Plan Map from Long Term
Planning Area (LTPA) to Short Term Planning Area (STPA) for 90 acres in the Birch
Bay Urban Growth Area. He lived in Sudden Valley for ten years. They were
constantly battling whether or not to build more homes. He is concerned that if this
area is allowed to be developed at five homes per acre, it will cause a large
consequence in the future. The community will be forced to face overtaxed
services. There is already a problem getting timely sheriff deputies, especially in
the summer. If 360 homes are built, the problem will only multiply. Building 45
homes out there would be great, and would fit into the community. Birch Bay is a
beautiful area. It should not become a huge bedroom community.
Barbara Willborn, 1115 N. Custer, Oak Harbor, stated she supports the
rezone of the Park Store. Bob Van Houten and Shelly Harper take care of Mr. Van
Houten's sick father. His mother passed away suddenly this past year. That is the
kind of committed family people they are. They are committed to the people who
come to their store. She is a customer of their store. They have never changed oil
at their place. Boats pollute the lake water with oil and gas. The store contributes
to the community by the sales tax it receives. They do not encourage Hell's
Angels -type of customers. She asked the Council to vote for the rezone.
Jerry Heller, 12281 Bay Hill Drive, stated he is in support of a rezone for the
Park Store. This store is to serve tourist motorcyclists. He usually starts or ends
his trips at the store. He is an administrator at a public entity in Skagit County. He
tries to encourage economic development. Tourism is something that does well.
Sales tax helps the county immensely. The public facility district is supported by
Whatcom County Council, 1/28/2003, 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.
the sales tax. The Park Store is a small business, which is the backbone of the
community. He asked the Council to support the rezone tonight.
Jim Willborn, 115 N. Custer, Oak Harbor, stated he supports the Park Store
rezone. He is a regular customer, and endorses it to others. The clientele of the
store includes different types of people, including an attorney, Whatcom County
judge, a semiconductor manufacturer from Everett, a retired navy captain, a
physician, a lifelong dairyman, a Bellingham policeman, a special education teacher,
a nurse practitioner, numerous Boeing employees, a furniture manufacturer, a
construction foreman, office equipment repairman, master welder, the Port of
Skagit County Executive Director, and many others. Many motorcyclists wear a
patch on their jackets or vests that indicate organizations to which they belong. At
the Park Store, customers are group representatives of a Harley owners group, the
Gold Wing Touring Association, Christian Motorcyclists Association, and Combat
Veterans International, which was instrumental in bringing the traveling Vietnam
War Memorial wall to Whatcom County in 2000. He has never seen anyone from an
outlaw motorcycle organization. The customers of the Park Store are good,
productive members of society. Approve the rezone.
Steven Kozer, 6917 Holeman Avenue, Blaine, asked the Council to table the
ordinance amending the official Whatcom County Comprehensive Plan Map from
Long Term Planning Area (LTPA) to Short Term Planning Area (STPA) for 90 acres
in the Birch Bay Urban Growth Area. In several months, the Council will receive the
Birch Bay 20/20 plan, which is a comprehensive plan for all of Birch Bay. Right
now, it is being scoped for the environmental impact statement. It will be a major
proposal to amend the Whatcom County Comprehensive Plan. It includes this
parcel. It seems to be a prudent policy to have all the information before making
this decision.
If this amendment goes through, it will increase the number of houses near
the Birch Bay State Park by over 100 percent. That will be an increase of over
1,000 people. Grandview Road will have to serve two cars for every household,
which it won't be able to do. That area is wooded and helps hold back some of the
water that runs into the ditches in the area. That area would probably by cleared
because everyone wants a view of the bay. He asked that this go back to the
Planning Commission for stormwater mitigation if the Council wants to go forward
with this.
Dave Chesson, 4950 Pacific Highway, Ferndale, stated he supports the
rezone of the Park Store. This process has dragged on too long. It has been going
on for over two years. The Planning Department and Hearing Examiner's hard
work, experience, science, history, and policies have finally addressed all the
issues. They recommend approval of the rezone. The work has been done and the
questions have been answered. There is no reason to debate whether or not the
storeowners are in compliance or whether the inspectors need more time. To delay
approval is to question the legitimacy of the work already done by the County staff
and the process. Finish this process by voting for the rezone.
Whatcom County Council, 1/28/2003, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
Karlene Mrjkevic, 2139 Thornton Street, Ferndale, stated she attends
Ferndale High School as an exchange student. Malloy Street is very dangerous.
She would like Council to build sidewalks. Some of the students drive very fast on
the road in the morning.
Brenner stated the County Council does not deal with the roads in Ferndale,
but she should address the Ferndale City Council.
Patrick Alesse, 4925 Alderson Road, Birch Bay, stated people come to Birch
Bay because of the view, water, and open beach. People who sell property at Birch
Bay are really selling those amenities. A project like the ordinance amending the
official Whatcom County Comprehensive Plan Map from Long Term Planning Area
(LTPA) to Short Term Planning Area (STPA) for 90 acres in the Birch Bay Urban
Growth Area is fine, but they need to pay impact fees to help sustain those
amenities in Birch Bay.
Rita Foley, South Lake Whatcom, stated she is opposed to the rezone of the
Park Store. Testimony was given that there are not many customers at the Park
Store during the week, and there are no big parties on the weekends. All of the
people who have spoken are from every place but her neighborhood. She has been
threatened, called profane names, and given offensive hand gestures. The people
at the store have threatened to kick in her car. She is not afraid of them. Her
neighbors are not here to testify tonight because they are afraid of the people at
the Park Store. She has more rights than someone from Ferndale, Oak Harbor, or
Canada. She is the only neighborhood resident who has spoken. This place is a
destination, and there are more than just a couple of motorcycles driving down this
road. If the Council votes for this rezone, she will file a lawsuit. She has lived on
the lake for 35 years, has never bothered her neighbors, and has fought for the
watershed and the lake. A large creek runs under the front porch of the building.
The historical society, when it put the building on the list, thought the building
would be developed into a nice restaurant. That hasn't happened. She's seen
Banditos at the store. She's seen the people doing things they say they are not
doing. Vote against the rezone.
Eric McHenry, 644 W. Lake Samish Drive, stated he appreciates the Council
and supports the increase in their wages. The amount of time they have to spend
on the issues is immense.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through 23. Item 16 was
amended to remove the $90,000 funding for herbicides pending a presentation by
the Public Works Department in the Public Works Committee. Item 24 was held in
committee for two weeks.
Whatcom County Council, 1/28/2003, 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 withdrew item number seven.
Crawford withdrew item 16.
Motion to approve all Consent Agenda items except items seven, 16,
and 24 carried unanimously.
1. RESOLUTION SETTING THE HEARING DATE TO DECLARE PROPERTY
SURPLUS (AB2003 -046)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO EXTEND
CURRENT CONTRACT BETWEEN WHATCOM COUNTY AND DR. GARY
GOLDFOGEL FOR MEDICAL EXAMINER SERVICES FOR AN
ADDITIONAL THREE MONTHS (AB2003 -048)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
BELLINGHAM WHATCOM CHAMBER OF COMMERCE & INDUSTRY FOR
SUPPORT OF THE ANNUAL SKI TO SEA FESTIVAL IN THE AMOUNT OF
$29,000 (AB2003 -049)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
WHATCOM COUNTY VOLUNTEER CENTER TO PROVIDE VOLUNTEER
SERVICES TO A NUMBER OF COUNTY DEPARTMENTS AS WELL AS
COMMUNITY NON - PROFITS, SCHOOLS AND OTHER GOVERNMENT
AND HEALTHCARE - RELATED WORKSITES IN THE AMOUNT OF
$35,000 (AB2003 -050)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH WOMENCARE SHELTER TO PAY ONE YEAR'S RENT
FOR WOMENCARE'S ADMINISTRATIVE OFFICE SPACE AND FOR
CLEANING AND MAINTAINING THE FACILITY ITSELF IN THE
AMOUNT OF $21,000 (AB2003 -051)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE BELLINGHAM WHATCOM COUNTY
CONVENTION AND VISITORS BUREAU TO PROVIDE VISITOR
INFORMATION SERVICES AND TOURISM DEVELOPMENT IN THE
AMOUNT OF $75,000 (AB2003 -052)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH WHATCOM COUNTY COUNCIL OF
GOVERNMENTS IN SUPPORT OF A COMMUNITY TRANSPORTATION
ADVISORY GROUP TO PROVIDE AN ORGANIZED FORUM REFLECTING
Whatcom County Council, 1/28/2003, Page 10
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THE INTERESTS OF A BROAD SPECTRUM OF WHATCOM COUNTY
INTERESTS IN THE AMOUNT OF $41,000 (AB2003 -053)
Brenner stated this is a request to fund a staff clerical person for an advisory
group. The County has many advisory groups. Many of them are comprised of
regular people who work outside of their jobs to help create citizen perspectives.
This group is made up of governmental bureaucrats. It seems they can afford to
find the staff person in their departments to staff it. The County keeps setting
precedents every time they fund staffing positions for advisory bodies. The
purpose of an advisory body is for people to volunteer their time, not to have paid
staff positions. The Council just eliminated the funding for the Law and Justice
Council staffing. There are tight funding issues now. They should not fund clerical
staff positions for advisory bodies.
Crawford moved approval of item seven.
Nelson stated the administration brought this recommendation forward. He
asked why the recommendation was brought forward.
Dewey Desler, Deputy Administrator, stated the Executive and Bellingham
Mayor put together many people to work on the larger issues of future
transportation. A couple of years ago, a summit concluded that citizens must
become more involved in larger transportation planning efforts in the community.
A task force recommended that the County, City of Bellingham, Port of Bellingham,
and Council of Governments work together to involve citizens. The City of
Bellingham and other entities appropriated some funding to do this. The County
has obtained some funding from Alcoa to support this particular effort. That is what
will pay for this project.
Nelson stated the summit was held at St. Luke's Education Center. A
transportation policy steering committee resulted from the summit to put together
some action items. One of the action items was to create a community based
public /private group that supports the implementation and sustainability of action
items one through four. He asked if that is what this process is to do. Desler
stated those items are on Council packet pages 95 and 96.
Nelson stated this issue is to finish what the task force has recommended to
the Council. Desler stated that is correct.
Nelson stated that if they are going to go forward with a summit and
advisory group, and then refuse to listen to the advisory group's recommendations,
the Council is failing the community by not completing the project.
Brenner stated she applauds the advisory group. She objects to funding the
clerical position. Many advisory groups don't have a clerical position. They don't
need to set up more government positions. If they don't do it for the Law and
Justice Council, they shouldn't do it for this.
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Crawford stated this is an excellent opportunity to address transportation
issues, which is the primary purpose of the Council of Governments. This money
does not come out of the general fund. This comes out of the Alcoa Intalco money.
It is also a joint funding, not solely funded by Whatcom County. Whatcom County
is contributing $20,500 per year to a project that will cost $60,000 or $80,000 per
year. This project involves mutual cooperation from a number of entities. A
private party is providing the revenue stream. Tax dollars are not being spent
here. Transportation issues are a priority for the State. This gets Whatcom County
moving forward in dealing with those issues as a community.
Roy stated transportation is one of the most critical things that the County
has to look at. She would like to see it intertwined with a lot of the decisions that
the County Council must make. The Finance Committee asked the administration,
which agreed, to provide a list of advisory committees and the County's obligations
to them, how much is spent on them, and whether they are mandated. That
information will satisfy her. They need to look at this advisory committee issue.
Caskey- Schreiber stated this commits to a two -year agreement. She asked
if the County Council would see another budget request for $41,000 next year, and
whether it would be funded from Alcoa as well. Desler stated the $41,000 is for 24
months, 2003 and 2004.
Brenner stated she appreciates where the money is coming from. There are
many other issues that the money could be used for that would defer tax money.
Alcoa has committed to donating that amount of money to the County. There are
several areas where that money could be used. The County keeps adding more and
more expectations for the advisory groups. They never used to staff advisory
groups at all, especially when they are comprised of government.
Motion carried 5 -2 with Roy and Brenner opposed.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE AN
ADDENDUM TO THE CURRENT LEASE BETWEEN WHATCOM COUNTY
AND LAKE WHATCOM RESIDENTIAL AND TREATMENT CENTER
(AB2003 -054)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON
DENTAL SERVICE FOUNDATION TO ASSURE MEDICAID - ELIGIBLE
CHILDREN HAVE ACCESS TO DENTAL CARE AND ORAL HYGIENE
EDUCATION IN THE AMOUNT OF $45,000 (AB2003 -055)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF HEALTH FOR THE DELIVERY OF PUBLIC HEALTH
Whatcom County Council, 1/28/2003, Page 12
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SERVICES IN WHATCOM COUNTY IN THE AMOUNT OF $1,202,441
(AB2003 -056)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FINANCIAL ASSISTANCE AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF BELLINGHAM TO PROVIDE SUPPORT FOR THE
WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE IN
THE AMOUNT OF $44,500 (AB2003 -057)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE AN
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE WHATCOM COUNTY HEALTH DEPARTMENT AND THE ARC OF
WHATCOM COUNTY — PARENT COALITION EXTENDING THE
DURATION AND TERMS FOR AN ADDITIONAL 12 MONTHS, AND
ADDING $1,000 TO THE TOTAL COMPENSATION FOR THIS NEXT 12
MONTHS (AB2003 -058)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DSHS
CHILD PROTECTIVE SERVICES TO PROVIDE ADDITIONAL REVENUE
OF $23,433 AND EXTEND THE TERM OF THE AGREEMENT FOR AN
ADDITIONAL SIX MONTHS - AMENDED CONTRACT AMOUNT IS
$192,928 AND THE TERM OF THE AGREEMENT IS JULY 1, 1999
THROUGH JUNE 30, 2003 (AB2003 -059)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND DSHS
PASSPORT TO PROVIDE ADDITIONAL REVENUE OF $25,397 AND
EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL SIX
MONTHS - AMENDED CONTRACT AMOUNT IS $199,248 AND THE
TERM OF THE AGREEMENT IS JULY 1, 1999 THROUGH JUNE 30, 2003
(AB2003 -060)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CHAMBERS AND
WELLS COUNSELING, INC. TO PROVIDE EVALUATION AND DRUG
AND ALCOHOL SERVICES TO YOUTH REFERRED AND SENTENCED
UNDER THE CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
(CDDC) IN THE JUVENILE COURT IN THE AMOUNT OF $30,000
(AB2003 -061)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF A VARIETY OF ROAD MAINTENANCE PRODUCTS
USING THE WASHINGTON STATE CONTRACT FOR ROAD STRIPING
PAINT AND BEADS IN THE AMOUNT OF $375,000; HERBICIDES IN
THE AMOUNT OF $90,000; TIRES IN THE AMOUNT OF $50,000;
Whatcom County Council, 1/28/2003, Page 13
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GUARDRAILS AND MATERIALS IN THE AMOUNT OF $50,000; AND
RUBBERIZED ASPHALT IN THE AMOUNT OF $40,000 (AB2003 -062)
Crawford moved to approve the purchase, not including $90,000 for
herbicides. The Public Works Department is willing to present a presentation to the
Finance Committee regarding the County's use of herbicides.
Motion carried unanimous /y.
17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF LIGNOSITE FROM SOLE SOURCE MEENDERINCK LLC
FOR DUST CONTROL ON COUNTY ROADS IN THE AMOUNT OF
$80,000 (AB2003 -063)
18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE
CONTRACT REVISIONS TO SYMPRO SOFTWARE LICENSE AGREEMENT
DELETING REFERENCE TO XRT -CERG AS CASH MANAGEMENT
PROVIDER AND RECOGNIZING THE SYMPRO CASH MANAGEMENT
LICENSE FEE, AND TRAINING AND IMPLEMENTATION FEES
INCURRED IN 2002 IN THE AMOUNT OF $11,500 (AB2003 -064)
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BLAINE TO PROVIDE CONTINUING SMALL CITIES CAUCUS
SUPPORT IN THE WRIA 1 WATERSHED MANAGEMENT PROJECT FOR
THE YEAR 2003 IN THE AMOUNT OF $10,000 (AB2003 -065)
20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE
AMENDMENT #2 TO THE CONTRACT BETWEEN WHATCOM COUNTY
AND KERR WOOD LEIDAL ASSOCIATES FOR THE JONES CREEK
ALLUVIAL FAN RISK ANALYSIS IN THE AMOUNT OF $53,200
(AB2003 -066)
21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM MARINE
INDUSTRIES TO DESIGN, BUILD AND DELIVER SIX WOOD PLATFORM
SALT WATER FLOATS TO BE USED DURING THE ANNUAL DRY DOCK
IN THE AMOUNT OF $74,907 (AB2003 -067)
22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE UNIVERSITY TO IMPLEMENT A NUTRIENT
MANAGEMENT EDUCATION AND RESEARCH PROJECT IN THE
AMOUNT OF $63,000 (AB2003 -068)
23. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND
Whatcom County Council, 1/28/2003, Page 14
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WASHINGTON STATE UNIVERSITY TO IMPLEMENT AN INTEGRATED
PEST MANAGEMENT EDUCATION AND RESEARCH PROJECT IN THE
AMOUNT OF $75,000 (AB2003 -069)
ADDENDUM:
234. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM TO PROVIDE EMERGENCY MEDICAL SERVICES
THROUGH THE E.M.S. LEVY (AB2003 -047)
Crawford stated this item was held in committee for two weeks.
PUBLIC HEARING
1. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY
NEGOTIATION (AB2003 -031A)
McShane opened the public hearing and the following people spoke:
Phil Aguirre, 8318 Richmond Park Road, Birch Bay, asked the Council to
consider lowering the minimum bid on tax title property number 351 to as low a
starting bid amount as possible so that he and his family would be able to afford to
purchase it. He doubts if anyone else will bid on it.
Hearing no one else, McShane closed the public hearing.
Nelson moved to approve the resolution.
Dave Grant, Senior Civil Deputy Prosecutor, advised the Council to not
reduce the minimum sale price. The County is required by law to try and recoup
those lost taxes.
Motion carried unanimously.
2. 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)
McShane opened the public hearing and the following people spoke:
Nelda Sigurdson, 5171 Ferndale Road, stated she is in favor of the
ordinance. She asked Executive Kremen to fix the Council Chamber doors so they
don't bang around. She owns land that borders the river. She was almost ready
to start carrying a gun on her property because she was knocked down one time
by a trespasser.
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Ron Bronsema, 8135 Northwood Road, Everson, stated he is in favor of the
ordinance. The process started almost two years ago. The area of the
Lynden /Everson subzone had serious problems on the Hampton Road levees with
all- terrain vehicles (ATV's) and four -wheel drive pickup trucks using the levees for
their recreational purposes. They sustained significant structural damage to the
levees. That has since subsided somewhat with the gate. The Army Corps of
Engineers, the County Flood District, and Lynden /Everson subzone shared in
$217,000 in costs repairing the Ebey levee, just upstream of the Guide Meridian.
He just learned from a landowner that they have a problem now with people
driving on the levee. It has been very wet the last couple of weeks. They are
relying on that sod to maintain the integrity of the levee so it will not fail. If
people are driving on it, the levee will fail. Public infrastructure and public safety
are at risk. It's up to the County to do everything possible to maintain these
levees at the highest standard that they possibly can.
Hearing no one else, McShane closed the public hearing.
Brenner moved to adopt the ordinance.
(Clerk's Note: End of tape one, side 8.)
Crawford continued to state that the Flood Committee originally
recommended that 100 percent of the sign fabrication and installation be funded
by the flood fee. He asked if that would happen. Cooper stated it would. The
special districts would pay for any repair and replacement of signs.
Motion to adopt carried unanimously,
3. ORDINANCE AMENDING THE RECREATION AND DESIGN CHAPTERS
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084U)
McShane opened the public hearing and the following people spoke:
Scott Thompson, 5880 Green Acres Drive, Everson, stated he represents the
Whatcom County Bicycle /Pedestrian Advisory Committee. He requested that the
County adopt the bicycle plan as soon as the review process has been completed.
Recognize the bicycle plan they've been working on in the recreation chapter of the
Comprehensive Plan. He provided copies of the plan (on file). The plan has gone
to the Planning Commission and been voted on as part of the transportation
chapter. His bicycle plan is an elaboration of that. It comes up with a phased
approach for how to implement these bicycle routes. He provided a history of the
bicycle plan, which was never adopted. He thanked Executive Kremen for his
support of the committee's work. Bikeway infrastructure has many benefits to the
community. His committee has worked for two years to update the bike plan. He
suggested additional language in the recreation chapter that says that upon
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adoption of the bicycle plan, the plan will be a guiding document to work toward
their goals.
David Dickinson, 4100 Legoe Bay Road, Lummi Island, referenced chapter
page 9 -9, goal 9F, policy 9F -3, which he read into the record. That language is
totally incompatible with any use for which an individual could use his or her
property. The language is loose and should be refined.
For several generations, his family has owned timberland on Lummi Island.
Without any input or knowledge, their logging roads were printed on a map in
1989 as a potential hiking trail. Since then, this map has been picked up by a
number of published hiking books as if this trail system is an accomplished fact. It
has caused him a lot of grief and one very expensive forest fire. He asked that any
references to his property be removed from the recreation resource management
area (RRMA) scheme and the maps.
Dick Harris, 1642 Seacrest Drive, Lummi Island, stated the State
Constitution says the government can't take land for public use unless it's a judicial
matter. That hasn't been the process here. They are taking someone's land who
may or may not have been advised of this and saying that the County is now going
to manage it. It isn't constitutional.
Brenner asked if Mr. Harris's property is included. Harris stated it is not.
Ed Halasz, 2411 Lafayette Street, Bellingham, stated he is a member of the
Nooksack Nordic Ski Club, which maintains a series of cross county ski trails. They
are the only developed cross country ski trails north of Steven's Pass. It is run
with grant funds from both State and federal sources. He asked that Nordic ski
trails be included in the recreation chapter of the Comprehensive Plan. It will
increase their chance of ensuring funds to ensure the future of Nordic ski
recreation for the community. Improvements on the trails would be subject to
review by the Forest Service. Funding for the improvements would come from
State, federal, and private sources, including substantial volunteer labor. The
Whatcom County Parks and Recreation Department uses their trails in some of
their programs, and supports inclusion of the cross country trail system in the
recreation chapter.
Ken Wilcox, 3900 Fraser Street, Bellingham, referenced the Salmon Ridge
ski area. It is a facility that already exists. They are looking at expanding the site.
There is an effort to link upper and lower logging road systems with the new trail
to make better use of this area for Nordic skiing. It's a key opportunity given all
the restrictions on old growth forest. The site isn't mentioned in the County's park
plan because it is on federal lands. It does have a lot of relevance to countywide
recreation. He wants acknowledgement in the plan that it exists so it is recognized
for potential grant funding. He was part of the effort to work on the
bicycle /pedestrian plan. He is in support of more bike and pedestrian facilities in
Whatcom County. It has both a recreation and transportation aspect, and should
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be addressed in both chapters. He submitted a letter from Roger DeSpain, Parks
and Recreation Department Director (on file).
Ellen Barton, 1581 Marine Drive, Bellingham, stated she is in favor of the
Whatcom County Bicycle /Pedestrian Plan. The advisory committee provides the
County with a blueprint and guidelines that legitimize the work that they're doing.
Without the guidance or official reference of this plan in the recreation chapter, it
will lessen the effectiveness of what they do.
Brenner asked if there was any effort made to contact the owners of the
properties. Barton stated the references to those properties are in the recreation
chapter. The advisory committee only advised on the trail and bicycle sections.
They did not contact individual property owners, but simply gave general
recommendations, with the understanding that the legal basis would be the
determining factor of whether things could be approved. The advisory committee
relied on the Planning Department and Parks and Recreation Department staffs to
do that.
Dave Grant, Senior Civil Deputy Prosecutor, advised the Council against
making additions that are substantive. Adoption by reference of a draft bicycle
plan might constitute a substantive change. It was not included in the public
notice. If people were aware the County would adopt a significant plan that is
outside this document, had an opportunity to review it, and had concerns, they
might have shown up to address those concerns. It would not fall under
publication parameters. He doesn't know if anyone from the County has had an
opportunity to see this draft bicycle plan for Whatcom County, let alone read it and
consider its impacts. They may not be providing due process if they were to adopt
this additional paragraph as suggested relating to the draft bicycle plan.
McShane stated there were amendments made to this chapter. The Council
put out the amended version for public comment. Once they put out a version,
they shouldn't amend it again unless they want to schedule another public hearing.
Grant stated it depends on the impact of that amendment.
Jim Dickinson, 2094 West Shore Drive, Lummi Island, stated the County
should be very careful with this situation. It has put his family in the role of being
police. They have been harassed. The trails were de facto included without his
family's knowledge. That puts a tremendous onus on the landowner. Look at this
language carefully before they adopt it. He would like to see a process where the
landowner can opt out of the process.
it is.
Crawford asked if his property is listed in this chapter. Jim Dickinson stated
Hearing no one else, McShane closed the public hearing.
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Crawford moved to adopt the ordinance beginning on Council packet page
.•1
Fleetwood moved to amend the ordinance to remove Lover's Bluff from
the recommended shoreline acquisition list that is described on Map 23, which is
referenced on Comprehensive Plan page 9 -8. This is a long -term recreational wish
list by the County. The property owner on Lummi Island said there is no way that
her property would ever be sold because her large family owns it. It would be
respectful to remove her name from the list.
McShane stated it appears that there is some misunderstanding that people
have when they read the map. People look at the map and think it is a park. It's
not. The areas are private property. The title of the map is "recommended
shoreline acquisition." Lover's bluff is a beautiful location. It is a dead -end County
road. Perhaps the thing to do would be to amend the County map to say that
these areas are private property, and are only potential future acquisition
locations. It will let people know that this is private land, and people shouldn't be
going there.
Crawford asked how this land got on the list unless a prior owner agreed to
it. Goal 9F specifies the requirement of having cooperation with the private
landowners. It sounds like it is completely within the purview of the landowner,
since it requires his or her agreement and cooperation. If the landowner is not
going to provide that cooperation, the location must be removed from the map.
McShane stated that that language only refers to identifying the property.
That has been done. Once the properties have been identified, then they would
approach the property owner. They wouldn't develop the conservation opportunity
unless there are willing volunteers.
Brenner stated that once a location is mentioned, it makes people aware of
it and inspires people to check out a piece of property. If someone does not want
to be on the list, the County has got to respect that. It is common courtesy. They
need wording that removes those properties off that list.
Roy agreed with Councilmember Brenner. She didn't know why they would
want to publicly put someone's name on a document that lists possible acquisition
sites, especially when the property owner has specifically asked to be removed
from the list.
Nelson stated it doesn't make sense why the locations would be included on
a list unless open space taxation is part of the requirements. He asked if these are
designated as open space for taxation purposes.
McShane stated this owner of Lover's Bluff is not designated for open space.
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Brenner offered a friendly amendment to remove anyone's private property
if it is requested of the property owner and if the property is not designated open
space for taxation purposes. If the owner has made a request, the County should
honor it.
Fleetwood stated he would not accept the friendly amendment. It is an
interesting policy discussion to have.
McShane restated the motion to remove Lover's Bluff from the
recommended shoreline acquisition list denoted on map 23 of the Comprehensive
Plan. That seems like a non - substantial change that won't require a public
hearing.
Motion carried 6 -1 with McShane opposed,
Brenner moved to remove any mention of the Dickinson's property from
the maps in the Comprehensive Plan.
McShane stated their property is listed on map 22 of the Comprehensive
Plan, which is the plan recommendation for the Whatcom County park and open
space plan. The recreation resource management area on Lummi Island covers
some of the Dickinson's land.
Mrs. Dickinson stated her private land is owned under the name Lummi
Island Land Company, and includes Knotty Bay.
Crawford stated he agrees with the spirit of the motion, but map 22 is
clearly not specifically geographically defined areas. He asked how they will
accomplish this motion. The lines don't even follow the shoreline, but vaguely
follow the mountain portion of Lummi Island.
Sylvia Goodwin, Planning Division Manager, stated it would be very difficult
unless they make a bunch of holes in the defined area.
McShane stated there is public land in that area already. Part of the
problem, which is a significant issue on Lummi Island, is the lack of access to that
public land. The only way to get through it is with permission from private
property owners. It has been a high priority for park and recreation individuals to
negotiate an easement and have a trail to those properties.
Brenner stated the Dickinson's own a significant portion of property there.
This isn't any different than the Lover's Bluff location.
Nelson stated the reason they have geographic information system (GIS)
mapping today is to get to those specific areas. The County needs to be
accommodating when preparing its planning efforts. These are areas they want to
look at for future parks and recreation uses, but the County can't force that onto
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the public. With GIS mapping, they can identify the areas that have specifically
been requested to be removed.
Crawford asked if that is true about the GIS mapping. Goodwin stated they
didn't make up these areas. These areas came out of the 1990 Comprehensive
Parks plan that Council already adopted, and isn't being considered for amendment
right now. Taking the area out of the Comprehensive Plan may do nothing
because it is referenced in the other plan.
Caskey- Schreiber stated this is a wish list. It is not property specific like
map 23. This map doesn't target specific properties.
Fleetwood agreed with Councilmember Caskey- Schreiber.
McShane stated this may be a substantial change that would require a public
hearing. It is a substantial issue for some people, and he hears about it a lot.
Nelson stated the idea of the Comprehensive Plan is to plan for the future,
but not to identify specific sites. This looks like specific site plans, which is driving
people crazy.
McShane restated the motion to remove the Dickinson property from map
22 in the Comprehensive Plan.
(Clerk's Note: End of tape two, side A.)
McShane stated the problem is the misinterpretation of the map. He is
against the motion. Change the language on the map so there is no
misunderstanding.
Crawford stated he agreed with Councilmember McShane. He suggested
addressing the site - specific issue that deals with that problem. He supported a
review at some point of the Whatcom County Comprehensive Park and Open Space
Plan. It sounds like it is time for that plan to be reviewed and updated. He's not
sure it's appropriate to do that tonight.
Motion to amend failed 3 -4 with Brenner, Roy, and Nelson in favor.
Brenner moved to remove the first paragraph regarding leisure time of the
Background Summary. That paragraph offends her. More people are working two
and three jobs. Also, in the second paragraph, remove language, "However, too
much +eisuFe time can be..."
Nelson offered a friendly amendment to strike all the language from the
beginning of that section to:
tinge. if Americans are provided...."
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Brenner accepted the friendly amendment. She further amended
her amendment to remove the word 'leisure" everywhere in that section.
Crawford stated this has gone through staff, Planning Commission, and
Planning Committee review. Every word of this plan was labored over for many
years. The purpose of the background summary is to provide the rationale for
Whatcom County government to say why this section is a priority in long term
planning. If entire paragraphs are going to be stricken, it should be done during
the next Comprehensive Plan update or initiated as a separate amendment.
Brenner asked the purpose of having a hearing if it isn't to fix what they
don't think is right. This is the time to be involved.
Roy stated the whole first paragraph sounds preachy and antiquated. She
supports the amendment to adjust it.
McShane stated the language is not going to change the plan significantly.
It is only a background summary. A group of people worked very long and hard on
this language. It would have been nice if this had been suggested before the
public hearing.
Caskey- Schreiber stated this is a good idea, but it should have been brought
forward during the Planning Committee discussion. This is the revised draft the
Council presented to the public. It is the public's opportunity to present
information. She didn't think it is the time to rehash it all again. She objects to
the process.
Brenner stated the chair has acknowledged that this is not substantive. The
language is offensive. In a perfect world, she would have brought it to committee.
The councilmembers have several opportunities to bring changes forward. There
isn't any purpose in having a hearing if they only allow changes during committee.
Nelson stated there are opportunities to discuss things at the Council level.
He called for the question.
Motion to amend failed 2 -5 with Brenner and Nelson in favor.
Brenner moved to amend Council packet page 699 policy 9C -12, 'Water
hails ways for non - motorized boats...."
Motion failed 2 -5 with Brenner and Nelson in favor.
Motion to forward this ordinance to concurrency as amended carried
unanimously.
(Clerk's Note: Council took a break from 9:37 to 9:45 p.m. Beginning of
tape three.)
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4. ORDINANCE AMENDING THE ECONOMICS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084S)
McShane opened the public hearing and the following people spoke:
Bob Wiesen, 3314 Douglas Road, stated recent business issues included,
CBI, a deer farmer, the piers at Cherry Point, Eli Samuals, and now the Park Store.
If they are going to encourage good economic development, they need to figure
out how to do that without getting people part way down the road of having a
business and then telling them they can't do it. They have identified goals. When
looking at new rules and regulations, the Council needs to determine whether they
help or hinder the goals. The County is not doing that now. He's getting tired of
working for these issues, and not seeing anything happen on the ground. They
need to make the county a little friendlier to do business in.
Nancy Jordan, Partnership for a Sustainable Economy, handed out a list of
amendments she suggested during the Planning committee (on file).
Hearing no one else, McShane closed the public hearing
Fleetwood gave a committee report and moved to approve the substitute
ordinance from committee.
Brenner moved to approve the amendments submitted by Nancy Jordan.
Crawford suggested a friendly amendment by changing language in
Edit #1, "...This developed eCaucuses representing various stakeholders were
designated to address, through local government, thei water resources planning
from a watershed perspective."
Brenner accepted the friendly amendment.
Motion carried unanimously.
Brenner moved to amend the first paragraph in the "Diversified Economy"
section of page 7 -5 of the substitute ordinance, '...family -wage employment,
affordable housing, discretionary income...."
McShane stated quality of life isn't just about affordable housing. Some
people can afford more expensive housing. Policy 7A -7 says it better, but he will
support the motion.
Motion carried unanimously.
Brenner moved to amend the ordinance to reinstate the paragraph
regarding rapid growth in the retail sector that has been completely stricken. Page
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7 -11 includes a reference to that paragraph. They keep downplaying some of the
most horrible realities. Rapid growth of the lower paying retail jobs is a big
problem in this county.
Nelson stated there is no rapid growth in the retail sector right now. There
is a decline now because of the economy. The cyclic nature of retail growth is
probably why they didn't want to address it. It is a non - agricultural industry.
Brenner stated this is a reflection of what has happened in the past.
Roy stated she is not comfortable making that change at this point.
Someone put a lot of thought into taking this out.
Caskey- Schreiber stated that at the Community Economic Development
Strategy- (CEDS) sponsored event, the jobs and wages are shown as being steady
without any rapid increases or decreases. This paragraph is dated to when the
Canadian dollar was strong. That has changed over time. There is a more
diversified, sustainable level now.
Notion failed 1 -6 with Brenner in favor.
Nelson moved to strike the language at the top of page 7 -6, "T-Ns
enly ." He further moved to insert the actual census figures. Use what the
Council already adopted in the CEDS, which reflected the census figures. He is
concerned about specifically trying to identify with Western Washington University.
McShane stated the sentences before that language talk about local wages
lagging behind those of the entire state. This is one theory as to why that may be
so. There could be other reasons as well. It is somewhat speculative.
Roy stated it is not a theory. This is another piece of information presented
at the CEDS- sponsored breakfast. All they are trying to say is that Whatcom
County includes part -time and full -time employment in the same statistic.
Traditionally, college towns have a huge impact of having many more part -time
employees because of the students. The presenter compared Bellingham with
several other university towns, and saw the same pattern. Councilmember Nelson
was concerned during the committee meeting about the rural statistics not being
consistent with this. Everyone talks about the wage. It is important to define
what it is that they are talking about, which is both full -time and part -time
employment.
Crawford stated this is not a comparison between Whatcom County and
college towns. This is a comparison of average wages over 30 years in Whatcom
County. Bellingham was a college town 30 years ago. He asked if there are
statistics that show the number of students has grown as a percentage of the
working population. They don't have those statistics. What was presented at the
CEDS function has nothing to do with this figure.
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Caskey- Schreiber stated Professor Hart Hodges stated this county is
influenced by a population of 16,000 students. Their income is factored into the
county statistic. They did not have 16,000 students here 30 years ago. This is
new information, and it is a component to acknowledge that Whatcom County
census material is influenced by the wages the students earn.
Nelson quoted page 319 of the Economic Development Plan, which says that
the overall decline in wages is due to a number of economic factors, only one of
which is the increase in part -time workers. They cannot pinpoint one factor.
Nelson amended his motion to only strike the language at the top of
page 7 -6, "This ... te the
statewide average of only 6%.-"
Motion to amend carried 4 -3 with Roy, Fleetwood, and Caskey-
Schreiber opposed.
Brenner moved to strike language in the second paragraph on page 7 -11,
"As- entiened abeve, - (Retail jobs tend to be low- wage,...." That language
references language that was stricken on page 7 -5.
Motion carried unanimously.
Brenner moved to reinstate language in the first paragraph in the
"Unemployment and Underemployment" section on page 7 -15, "While current
unemployment in Whatcom County is expected to rise in the near term due to
recession, long -term unemployment rate outlook shows lower than the 1990's
average of 6.5 %." Unless the percentage is off, the language should be included.
They have a serious problem with unemployment now.
Crawford asked if this language is validated somehow.
Sylvia Goodwin, Planning Division Manager, stated she believed this
language was recommended to be added by staff and the Planning Commission,
but the Planning and Development Committee recommended that it be removed.
She believes the source is valid, otherwise the Planning staff would not have
recommended it.
Motion to amend failed 3 -4 with Brenner, Fleetwood, and Crawford
in favor.
Brenner moved to amend the second paragraph in item (6)(X) on page 7-
18 to reinstate the third and fourth bullet points, "Improve turnaround time on
development permit processing" and "Increase the percentage of "owner occupied"
dwellings in the county." Goodwin stated those items were stricken, and then
combined in another section. It wouldn't hurt to leave the language in.
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McShane stated he suggested striking those sections. He asked how long
they want to keep improving the turnaround time on development permitting
processes. There is a finite point where it becomes difficult. They struck that and
made sure the goal was to ensure customer satisfaction, including satisfaction with
the permitting process. The benchmark should be satisfied customers going
through the permit process.
Crawford stated this is a relatively minor change, but he liked the idea in the
Comprehensive Plan of objectifying things, rather than "subjectifying" things.
Improving customer satisfaction is subjective, and improving turnaround time is
objective. He asked why the goal of increasing owner occupied dwellings was
removed. He liked the idea of encouraging home ownership.
Fleetwood asked if the definition of owner - occupied dwellings and homes
include condominiums.
Crawford stated it does.
Brenner stated that language doesn't mean that they have to keep making
the turnaround time quicker and quicker. It means the County has to maintain a
good standard.
Motion to amend carried 5 -2 with Caskey- Schreiber and McShane
opposed.
Brenner moved to amend goal E in item (6)(X) on page 7 -18, "n.-eyid„ and
retamn a high quality workforce." The County's job is to promote, not to
provide.
Nelson stated one of the positive things about Whatcom County is its quality
of work force. They need to recognize the education level. Goodwin stated this is
a quote out of the CEDS document. The heading of that section says the goal is to
assess the degree to which the commitments stated in the CEDS are implemented.
The Council has already adopted the CEDS. It's a little late to change the policies
out of the CEDS that they are going to look at for implementing. If they wordsmith
this without changing the CEDS, they would be trying to assess something that is
different.
Motion failed 1 -6 with Brenner in favor.
Motion to forward to concurrency hearing as amended carried
unanimously.
S. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO ADD 12 ACRES TO THE FERNDALE URBAN GROWTH AREA
(OLSON /NELLE SITE) (AB2002 -084D)
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McShane opened the public hearing and, hearing no one, closed the public
hearing.
Fleetwood moved to forward to the concurrency hearing.
Crawford stated the Planning Commission was split on this issue. He asked
if the Planning Committee discussed that.
McShane stated the Planning Commission was split because it had not heard
from the City of Ferndale. This area is in the City of Ferndale's urban growth area.
Since then, the City of Ferndale has recommended approval.
Motion carried 6 -1 with Roy opposed.
6. FINAL REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING FOR LEAD -BASED PAINT HAZARD REDUCTION (AB2003-
076)
(Clerk's Note: The CDBG required handouts are included in the Council's
packet.)
McShane opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved approval. She asked what they are actually doing to get
the lead out of the house.
Terry Hinz, Assistant Director, introduced Dave Penet, Opportunity Council
Housing Director.
Dave Penet, Opportunity Council Housing Director, stated the program
wasn't for abatement, it was for risk assessment and interim controls. The interim
controls piece of the program is to stabilize paint that was in houses by containing
the area. He explained how they contain the paint. They've had a lot of inquiries
from childcare providers for this program.
Crawford stated he is the Council's representative on the Opportunity
Council. The Council should have a presentation on all the great things the
Opportunity Council does. This is just one of many great programs.
Motion carried unanimously.
OTHER ITEMS
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13. RESOLUTION SUPPORTING THE EXPENDITURE OF FEDERAL AND
STATE CRIMINAL AND CIVIL PENALTY FUNDS FOR PREVENTION,
RESPONSE, AND RESTORATION ACTIVITIES RELATED TO THE JUNE
10, 1999, OLYMPIC PIPE LINE ACCIDENT (AB2003 -079)
Fleetwood moved to approve the resolution. The Council was asked to
give a recommendation on certain funds held by the State Department of Ecology
and Justice Department would be spent. A number of different groups, including
the victims' families all agree on how to spend some of the money. This resolution
is almost the same as the one the Bellingham City Council approved last night.
Approval of this resolution is agreement that $5 million of the money controlled by
the U.S. Attorney's Office would be allocated to the Pipeline Safety Trust, $3 million
would be allocated to the City of Bellingham's park and ball field development
project from the Department of Ecology funds, $3 million would be allocated to the
City of Bellingham's restoration trust from the Department of Ecology fund, and
$1.2 million would be allocated to upgrade the countywide emergency
communication computer -aided dispatch (CAD) system.
They are doing this now because the Department of Ecology, which holds the
funds, indicated they wanted a decision on the community's recommendations. By
doing this tonight, the County Council concurs with that request. The Department
of Justice, which also holds funds, wants to know the wish of the family members.
This resolution concurs with the wishes of the family members. Time is of the
essence. He hoped the Council would support this unanimously.
Crawford asked why there is an urgency. It is more appropriate to allow
some review of this over the next few weeks. The parties involved can let the
County Council know what their concerns or agreements are. He's also confused
about the Pipeline Safety Trust, and would like to see some information about what
that is.
(Clerk's Note: End of tape three, side A.)
Crawford continued to state that he does not know why the County Council
would recommend why the funds would be allocated to this trust. The City Council
had a chance to put this through their process. The County Council has not. He's
not opposed to the concept, but he is concerned about the timeframe.
Brenner stated she spoke to some of the proponents and feels comfortable
supporting it tonight. She has heard that there is an important time issue. This
money is going to get allocated soon. She asked if the $1.2 million for the
countywide CAD system is enough. County Executive Kremen has indicated that it
is not enough. She would like to see more money allocated for that. She asked
what the coastal protection fund is.
Nelson asked if the administration has looked at the amounts.
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Pete Kremen, County Executive, stated the administration has not seen the
proposal.
Nelson stated the County spent a great deal of time and money on disaster
relief. He needs a better idea on how the allocations would occur. He asked what
the pipeline safety trust is and does. He asked if the purpose of the ball field
development is to replace something that was damaged.
Kremen stated he is perplexed as to who authored the resolution.
Fleetwood stated the resolution was co- authored by various groups,
including people from Safe Bellingham and the City of Bellingham.
Kremen stated the concept is laudable, but there are differences on how the
money should be expended. This resolution is not required to go through the
administration, but it would be prudent and wise to do so anyway.
Fleetwood stated he would have done it that way in a perfect world, but the
Department of Ecology wants an answer by the end of January. It may be the
nature of things why they didn't get this sooner. Ecology wants an answer in two
weeks. The other holder of the funds, the Department of Justice, wants to know
what the family members want. What they are dealing with are things that are
tantamount to restitution. This resolution expresses the wishes of the victims'
families. This resolution will allow the County to assist in ensuring that the funds
are released in a timely fashion.
Crawford stated this is for an amount of $12.5 million. The Department of
Ecology have the County administration's phone number. When Ecology wants
something, there is a normal process by which they contact the County. Ecology is
very familiar with the County.
Caskey- Schreiber stated the County might not have been real involved in
moving the settlement process forward. She asked if the County had any role at
all. This might just be a matter of the County approving their process. She
supports that. It's not the County's money. The County is lucky to get what it is
getting.
Kremen stated all Whatcom County first responders and law enforcement
held a meeting a few months ago in the County Council Chambers on what to do
with this kind of funding. The Department of Ecology attended. All of the fire
districts were represented. There was a pretty clear consensus that a significant
portion of whatever money the County would get would go to the emergency
communication system. The $1.2 million is considerably less than the amount
discussed during that meeting.
McShane stated this is an issue where timeliness becomes problematic. He
is in favor of the resolution. He doesn't remember the Council receiving any report
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on what the wishes were of the fire districts and the result of that meeting. The
Council seems to have been left out of the loop, also.
Caskey- Schreiber stated the Council has been kept out of the dark in this
process. Executive Kremen can't fault Councilmember Fleetwood for moving ahead
on something and not involving the Executive. Kremen stated he believed that
meeting took place before the new councilmembers took office.
Brenner moved to amend the resolution to combine the $3 million for the
ballpark development with the CAD system for a total of $4.2 million to upgrade the
CAD system, with any leftover being allocated to City of Bellingham ballpark fund.
The money for the ballpark development is to build the ballpark after the land is
purchased. The CAD system is for crisis management, which is needed right away.
Kremen stated one of the most glaring deficiencies and problems during the
pipeline explosion event was Whatcom County's emergency services and first
responders' inability to communicate with one another. That problem needs to be
rectified fully so they can better react to any emergency. He's perplexed about
how $3 million has been earmarked for ballparks.
Crawford suggested a friendly amendment to the amendment to make the
entire $12.5 million available first for the CAD system. The County hasn't been
given anything as a basis to make a decision. He asked if there is a letter from the
Department of Ecology notifying the County of the deadline.
Fleetwood stated he took it in trust from people who are familiar with the
deadlines. He found this out by talking to some members of Safe Bellingham who
have communicated with individuals at the Department of Ecology. Recently there
was a meeting between the holders of this money. They were trying to put
together a strategy to put together a unified idea of what the community wants.
The people involved in the meeting were told that they would benefit if they had a
resolution from the City of Bellingham and the Whatcom County Council. The
holders of the money wanted a clear sense of what the local communities want.
This money that would not exist if the tragedy did not occur. This is money that
could, in some part, be characterized as restitution. The holders of the funds
wanted to do something along the lines of restoration. That's the reason for the
money for the ball fields. They want to do something for emergency response.
That's the reason for the CAD system. There has been an enormous amount of
process involving the full range of people in the community who are involved in
pipeline safety. Every one of them supports this resolution, including the City of
Bellingham and Mayor of Bellingham, who has been extremely involved with this
process.
Crawford stated the County Executive was not involved.
Fleetwood stated he apologized for not involving the Executive. That is a
function of the fact that the resolution was put into this form in the last 24 hours.
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It was a rush job because they believe time is of the essence. This is a safe
resolution. He asked that the Council approve it as it is written. The initial $1.2
million for the CAD system can be considered a gift. It is better than nothing.
Brenner withdrew her amendment.
Caskey- Schreiber stated she was allowed to share in a privileged
conversation with State Attorney General Christine Gregoire and the families of the
victims of the explosion. She knows specifically that the families want some kind of
tribute to the lost lives. That is what these ball fields are about. The Council has to
respect that. It would be wonderful if they could put the emergency system to a
level that really served this county. They still need to allow a significant amount for
the memorial ball fields that the families requested.
Nelson stated he would like to support the resolution. The family members
have never talked to him about this. He asked what the pipeline safety trust is. He
has a problem with the idea that the County employees spent an enormous amount
of time and money on this tragedy. The entire County government was on alert for
many days. He asked if they are really using these dollars that should go to
prevent and protect future children and citizens in the county from tragedies. He
can't be assured that this will do that.
Brenner stated that if the parents of these kids want the resolution, the
deference goes to them. This is a resolution that has no force of law. If the
Council finds a problem, they can do another resolution. A gift is better than
nothing at all.
Fleetwood stated this is money controlled by the U.S. Attorney's Office. The
U.S. Attorney's Office specifically wanted to know what the wishes were of the
family members. The family members are very much in support of creating a
pipeline safety trust, which would draw interest and fund a board that would have
the effect of overseeing everything involved with the funds. It would be a body
that would have the capacity to oversee pipeline legislation. It would be a board
that would comment regionally and nationally on pipeline issues. This is something
that is, in the opinion of the proponents, imminently reasonable and desirous. This
is a resolution in response to the U.S. Attorney's Office. The families and other
community members want the money to be spent on a pipeline safety trust, which
would be permanently endowed and funded from the interest. The County Council
should leave it alone.
McShane stated a concern has been raised about why this wasn't brought to
the Council sooner. The councilmembers sometimes struggle with the Council's
process. For other people to understand the process is asking a lot. That may be a
part of what happened. He supports the resolution.
Motion to approve the resolution carried 5 -1 -1 with Crawford
opposed and Nelson abstaining due to lack of information.
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1. REPORT ON COMMITTEE DISCUSSION OF STORMWATER
MANAGEMENT AND FLOOD HAZARD MANAGEMENT ITEMS
CONTINUED FROM THE 1/21/03 COUNCIL WATER RESOURCES WORK
SESSION (AB2003 -025A)
Roy reported for the Natural Resources Committee and stated there were
three items discussed for information only:
1. An upcoming change for the Mosquito Lake Road so there is a temporary
relocation while construction is going on.
2. A contract for a study of the Jones Creek alluvial fan (Acme area).
3. Stormwater management as it pertains to the National Pollution
Discharge Elimination System (NPDES), phase two permit.
2. RESOLUTION SETTING ELECTION DATE FOR PROPOSED POINT
ROBERTS SPECIAL RECREATION AREA (AB2002 -351A)
Brenner reported for the Public Works and Capital Projects Committee and
moved approval.
She moved to amend the resolution to add language, "BE IT FURTHER
RESOLVED that Whatcom County assumes no responsibility for future funding of
the pier."
Motion to amend carried unanimously.
Motion to approve carried unanimously.
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN MAP FROM LONG TERM PLANNING AREA
(LTPA) TO SHORT TERM PLANNING AREA (STPA) FOR 90 ACRES IN
THE BIRCH BAY URBAN GROWTH AREA (2002 -396)
Fleetwood reported for the Planning and Development Committee and
moved to recommend approval.
Roy stated this is not inconsistent with the Birch Bay plan that the
community has been working on for two years. Concerns were brought forward
about concerns regarding future impacts to Birch Bay. The change is compatible
with the visioning for Birch Bay.
Crawford stated he hasn't studied this issue in depth. He has the impression
that this is slated for residential development in the future. To the south, they are
talking about heavy impact industrial zoning. When they are talking about an
urban growth area, they are not talking about zoning. They are just saying that the
area is contiguous to the urban area, and it is the area where growth can occur. He
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is concerned about having heavy impact industrial land next to residential land
without transitional buffers. He asked if that issue has been addressed.
Sylvia Goodwin, Planning Division Manager, stated that issue was discussed
considerably. That's partly why the Birch Bay Community Plan has not been
adopted yet. They have been discussing that issue for about two years now. The
land has been zoned as it is for a very long time. It probably should have been
zoned with a buffer in between. The Birch Bay Community Plan tried to put
together a better buffer of open space. They are working with Trillium, who owns
the property to the south of Grandview. There are buffer requirements. Any new
heavy impact industrial use would have to buffer the property or the impacts.
Brenner stated she understood that the Sheriff's Office and schools can
request that impact fees be assessed. She will support this because there are
protections for the school district and law enforcement. She hoped that would get
worked out at some point in the future. Goodwin stated they do not and cannot
have impact fees for the sheriff, but there can be mitigation under the State
Environmental Protection Act (SEPA), such as a requirement for a satellite station
or private security.
Brenner stated the Sheriff's Office can request the Council to assess impact
fees.
McShane stated the Birch Bay area should some day become a city. The
facility planning should deal with that fact. Don't make it too difficult to become a
city because it would cost too much.
Goodwin stated the Birch Bay community plan has a chapter on governance
that talks about how they would finance their own city police if they ever
incorporate. If they ever resolve what to do with the western Cherry Point land
use, the Birch Bay community plan will move forward. As an area grows, the taxes
collected in that area help support county services until it incorporates, when it
supports city services.
Motion to adopt carried unanimously.
4. 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)
Fleetwood reported for the Planning and Development Committee and stated
the committee recommends having a public hearing in two weeks.
McShane moved to hold a hearing in two weeks.
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Roy stated the Council should vote on this item tonight, and not move it to a
public hearing. They've heard from everyone.
Caskey- Schreiber stated she has wrestled with this issue. She resented the
fact that it keeps becoming a biker issue. For her, it has always been about these
folks adhering to the law, and whether the County is going to allow any repair work
that would involve fluids in the watershed. The concomitant agreement seems to
address that issue. The Van Houten's attorney has promised that the Van Houtens
will adhere to the agreement and do no repair work. She hoped they would do
that. She has reason to believe they won't adhere to the agreement, and she is
concerned. There have been three instances in which the Van Houtens failed to get
necessary permits, including a building permit for a remodel, a solid waste permit
for an oil recycling disposal unit, and a food service permit. She wanted to approve
it for the Van Houtens, but they have to follow the law. She would support the
item, but she is concerned about enforcement. Mr. Hart assured her that he will
have some kind of follow up. She hoped the Van Houtens could be gracious
winners, be kind to Ms. Foley, and be a good neighbor to Ms. Foley.
Motion to schedule a public hearing failed 2 -5 with McShane and
Nelson in favor.
Brenner moved to adopt the ordinance.
Nelson stated there have been concomitant agreements in the past that have
been broken. He asked if there was any discussion on the idea of this being a quiet
neighborhood area. The area is pristine, and should be kept that way. He doesn't
have a problem with motorcyclists. He as learned that this county greatly resents
noise problem. He asked if there could be an amendment that this site not be used
as a rally point for groups for the purpose of entertainment. He doesn't want to
limit the business, but the idea of it being a focal point that would create undue
stress to the community may not be appropriate.
Sylvia Goodwin, Planning Division Manager, stated she does not recall that
discussion. It is covered elsewhere in the code. There has to be a permit for any
sort of rally.
Brenner stated she doesn't understand how they can say that people of a
certain group can't be allowed to do something that they would be allowed to do
elsewhere.
Roy stated she is in favor of the rezone. She voted against it initially, based
on zoning, not on her feelings about people who rode motorcycles. She didn't think
it was a neighborhood business. In good conscious, folks have gone through the
process that the County asked them to go through. There is a legally binding
document. Her major concern was about the fluids in the lake. She also struggles
with the noise issue. Motorcycles make noise. However, they can't disallow people
to go on the highways.
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Goodwin stated the code says that outdoor gatherings that attract 1,000 or
more people must have a permit. There is also legislation in Whatcom County Code
(WCC) Chapter 9.44 regarding breach of peace.
(Clerk's Note: End of tape three, side 8.)
Goodwin continued to state that the language in (WCC) 9.44 is rather vague.
She will keep looking in the code for other similar language.
Crawford asked if rallies have been a use of this business.
Nelson stated they have been, according to what the owner told him. The
concomitant agreement addresses the issue of fluids in the watershed. He's talked
to others in the neighborhood besides Ms. Foley. Those neighborhood residents
didn't want to come and testify. They are concerned about the noise levels. If
there are several rallies during the summer, it will become irritable to the
neighbors, and the Council will get phone calls about it. He wants a protective
mechanism for the community. It is similar to what was happening with four -
wheelers on Sumas Mountain.
Caskey- Schreiber stated this is about being a good neighbor. She lives near
Road Dogs, who have live band parties. However, they close it down at 7:00 p.m.
and she doesn't have a problem with it. The owners should be good neighbors. It
is common sense.
Brenner stated the Park Store closes at 6:00 p.m. The business has to follow
the same rules as anybody else. It's not right to admonish business owners on the
words of other people.
Nelson stated the concomitant agreement already makes additional
restrictions that would not be normal for this zone. He's not asking for anything
different than what has already been done regarding the fluid changes and
renovations. He moved to amend the concomitant agreement to prohibit the use
of the site for a rally point.
Dave Grant, Senior Civil Deputy Prosecutor, stated that if the Council
attempts to modify the Hearing Examiner's recommendation by altering the
concomitant agreement, the Council would be required to have a hearing.
Brenner stated she is against the motion to amend the concomitant
agreement. The Hearing Examiner has written documentation from almost every
neighbor supporting the rezone. Only a few people didn't sign the petition of
support.
Caskey- Schreiber asked if there is a noise ordinance. Grant stated the
sections of the code on Disorderly House and Breach of Peace would apply.
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Motion to amend the concomitant agreement failed 2 -5 with Nelson
and McShane in favor.
Motion to adopt carried 5 -2 with McShane and Nelson opposed.
S. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /OPEN SPACE AND OPEN SPACE TIMBER APPLICATIONS
(AB2003 -077)
Fleetwood reported for the Planning and Development Committee and
moved approval of the resolution.
Motion approved 6 -0 with Brenner out of the room.
6. APPOINTMENTS TO THE NOXIOUS WEED CONTROL BOARD (AB2002-
338C)
Nelson moved to appoint Ray Fann to the District 3 position and Gary
Knaus to the District 5 position.
Motion carried 6 -0 with Brenner out of the room.
7. 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)
Nelson moved to adopt the ordinance, including a levy rate of $37 per
$1,000 of assessed value. The date for the item to go before the voters of
Whatcom County is April 22, 2003.
Crawford stated he preferred a levy rate of $.255 for the first year, which
includes a four percent annual increase. They are assuming a fifth medic unit is
necessary. As the representative of the Ambulance Advisory Board, he can say
there has been no discussion on the timing or need for it at this point. The fourth
medic unit has just been created, and there is no data yet on the impacts of the
fourth medic unit to reducing response times. He is mystified as to how the fifth
medic unit became a part of this discussion.
(Clerk's Note: Councilmember Nelson left the meeting at 11:33 p.m.)
Crawford stated he is concerned about how they are going to sell the levy to
the public when the public is already paying for this service. This is a tax increase.
They are going to have a difficult time selling this to the public. It's possible that
they could tie in a property tax assessment decrease. The Council has not
discussed it, but he would like to explore that possibility. In summary, the levy
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rate far exceeds what they currently pay and includes a number of items that have
not been discussed in a strategic planning process or an advisory board process.
He is also concerned about offering an opportunity to vote to the citizens to
increase their taxes for a service they are already paying for and receiving.
Caskey- Schreiber asked if it would be better to wait until the County can no
longer pay for the service and not offer the service before the Council brings this
vote up.
Crawford stated the County collects a certain property tax levy today. Out of
that, the County affords, because they choose to budget it, $1.35 million.
Caskey- Schreiber stated the County Executive's Office have said that,
without the EMS levy, the County will be in debt to the tune of $3 million in the
coming years. The Council is trying to do damage control. There might be ways to
lower the citizens' taxes. They could look at that. She doesn't know if it has to be
done concurrently with this levy request.
Brenner stated the cost of emergency medical services is going up. They
need to allocate funds for the cost that is going up. She has two main problems.
Her problem is not that the citizens are going to have to pay a tax for something
they were getting. One problem is that citizens are going to have to pay a double
tax for something they've already been taxed on. She supports the service and the
inflationary costs. She supports the concept of a fifth medic unit. She does not
support doing it this way without reducing the other property taxes to the public to
offset what they are paying now. Otherwise, all they are doing is freeing up $1.3
million to be used elsewhere. That is deceptive to the taxpayers. She will support
a levy rate if the County does a $1.3 million reduction in the current expense
property tax to the public.
The other problem is that she does not believe in special elections. They are
sneaky unless there is a crisis. This is not a crisis at this point. Not as many
people vote in the special election as vote in the general election. This is supposed
to be a fair public process. It would be fairest to put the vote on the general
election and reduce the current expense by $1.3 million at the same time.
McShane moved to amend the proposed date to September 16, 2003, the
date of the primary election. He preferred to have the vote in April, but other
councilmembers feel better about the vote being later. Also, it may partially
address some of the budgetary impacts they are facing. Closer to September, they
can have a real discussion about what this levy will mean, if they want to talk about
reducing property taxes. He doesn't want people to have the perception that they
are going to reduce the property tax to offset the levy amount. If they are going to
reduce the property tax, they need to be real about what services they will be
cutting. The fact that they will not be able to continue to support medic one will
become more real at time. That will begin to be clear, especially as they look two
and three years out.
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Brenner offered a friendly amendment to move the date to the general
election in November. More people vote in that election. The time difference is not
that big, except to the public.
McShane did not accept the friendly amendment. It's a big difference
in the budget process.
Motion to amend carried 4 -2 with Brenner and Fleetwood opposed
and Nelson absent.
McShane moved to amend the levy amount to set it at $.385 cents or less
per $1,000 of assessed value. That levy amount will allow them the option of
supporting a fifth medic unit if they are so convinced. It provides funding to make
whole those fire districts that would lose levy ability. It also provides support for
basic life support, which the fire districts have been impassioned about. That
amount may provide the "Cadillac" version of the service, but at least they will
have the ability to choose that version if they want.
Crawford stated he disagrees with the previous statement that EMS will
eventually have to be cut without this levy. Something will have to be cut. The
Council needs to debate whether or not it would be EMS or something else. He's
concerned about putting EMS out there as the poster boy issue of what's on the
County budget chopping block. In reality, there is a myriad of things they could
consider.
McShane stated that will be part of the sale to the public.
Motion carried 4 -2 with Brenner and Crawford opposed and Nelson
absent.
Brenner moved to reduce the current expense property tax levy by $1.3
million on the same ballot item. The Council doesn't necessarily have to cut
anything by $1.3 million. That $1.3 million is being spent now for the EMS
services. It's putting that money back in the taxpayers' hands if they are going to
move the funding somewhere else. If they don't do something like that, they are
playing a shell game.
Dave Grant, Senior Civil Deputy Prosecutor, stated they cannot put two
issues on one ballot measure.
Brenner stated it's not two subjects. If one passes and the other doesn't,
they could be left with no money for the service. Grant stated it is two subjects.
They can't do that.
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Brenner amended her motion so that a second ballot item would be
included, "If the EMS levy passes, there will be a $1.3 million reduction in the
current expense property tax levy."
Crawford asked if they could make a tax reduction contingent on the
approval of another ballot item. Grant stated he didn't know offhand, but it seems
logical that they could do that.
Motion to amend failed 2 -4 with Brenner and Crawford in favor and
Nelson absent.
Crawford asked how it will work if the County and City councils approved this
ordinance, but an interlocal agreement is not reached between Whatcom County
and the City of Bellingham. Grant stated the levy vote only asks the people if they
are willing to do this.
McShane stated that if there is no interlocal agreement, the Council could
establish the levy rate at zero. The interlocal agreement is simply to contract the
service with the City of Bellingham.
Grant stated they need joint approval with the City to put the levy into effect
because of the size of the City of Bellingham relative to the county.
Dewey Desler, Deputy Administrator, stated the City of Bellingham has to
approve the ordinance, which they would not be willing to do unless there is an
interlocal agreement in effect. The interlocal agreement will come back to the
County Council if they ultimately concur with the ordinance, which allows the
Auditor to trigger the election.
Fleetwood asked if anyone has asked the fire districts if they can live with
the September election date instead of April.
McShane stated he spoke with three fire commissioners and a Bellingham
firefighter this week. They would prefer April. They can live with September.
Motion to approve the ordinance as amended carried 4 -2 with
Brenner and Crawford opposed and Nelson absent.
8. REQUEST CONFIRMATION OF THE EXECUTIVE'S INITIAL
APPOINTMENT OF PAULINE HILLAIRE TO THE NORTHWEST SENIOR
SERVICES BOARD (AB2003 -070)
Brenner moved to confirm the appointment.
Motion carried 6 -0 with Nelson absent.
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9. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
LARRY JETTER, WENDY JONES, RICARDO CAMARILLO AND WILLIAM
CECIL TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2003 -071)
Crawford moved to confirm the appointment. The Substance Abuse
Advisory Board is enthusiastic about Wendy Jones volunteering her time.
Motion carried 5 -0 Nelson and Fleetwood absent.
10. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
ROGER NICHOLS FOR A SECOND TERM TO THE SALMON HABITAT
RESTORATION CITIZEN ADVISORY COMMITTEE (AB2003 -072)
Caskey- Schreiber moved to confirm the appointment.
Motion carried 5 -0 with Nelson and Fleetwood absent.
11. REQUEST CONFIRMATION OF THE EXECUTIVE'S REQUEST TO PUT
MICHAEL DURBIN FORWARD FOR MEMBERSHIP IN THE
AGRICULTURAL PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT
COMMITTEE (AB2003 -073)
Caskey- Schreiber moved to confirm the appointment.
Motion carried 5 -0 with Nelson and Fleetwood absent.
12. APPROVAL OF SPECIAL MEETING DATES FOR 2003 (FULL LIST)
(AB2002 -451)
Crawford moved approval of the meeting dates.
Motion carried 6 -0 with Nelson absent.
APPROVAL OF THE 2002 COMPREHENSIVE PLAN AMENDMENTS
McShane moved to adopt the Comprehensive Plan amendments as one
package.
Motion carried 4 -2 with Crawford and Brenner opposed and Nelson
absent.
(Clerk's Note: These items and this vote were revisited later in the meeting.
See below.)
INTRODUCTION ITEMS
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Crawford moved to accept the Introduction Items.
Motion carried 6 -0 with Nelson absent.
1. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
FIRST REQUEST (AB2003 -074)
2. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS (AB2003 -075)
3. RESOLUTION AMENDING THE 2003 ANNUAL ROAD CONSTRUCTION
PROGRAM TO INCLUDE THE JACKSON ROAD BRIDGE REPLACEMENT
(AB2003 -045)
4. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10
(AB2003 -046A)
APPROVAL OF THE 2002 COMPREHENSIVE PLAN AMENDMENTS
Dana Brown - Davis, Clerk of the Council, stated the Council needs to take a
separate roll call vote on each Comprehensive Plan ordinance.
Fleetwood stated that if the Council changes it's vote result on any of each
of the items, the Council has to have another concurrency public hearing in two
weeks.
Dave Grant, Senior Civil Deputy Prosecutor, stated that is correct.
1. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN AMENDMENT TO ADD 12 ACRES TO THE FERNDALE URBAN
GROWTH AREA (OLSON /NELLE SITE) (AB2002 -084D)
McShane moved to adopt the ordinance.
Motion carried 5 -1 with Roy opposed and Nelson absent.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RR2, R2A AND R5A TO R2A, R5A, RF WITHIN PORTIONS
OF THE LAKE SAMISH WATERSHED AND AMENDING THE WHATCOM
COUNTY COMPREHENSIVE PLAN MAP DESIGNATION FROM
SUBURBAN ENCLAVE TO RURAL FOR AREAS WITHIN THE LAKE
SAMISH WATERSHED (AB2002 -084F)
McShane moved to adopt the ordinance.
Whatcom County Council, 1/28/2003, Page 41
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Brenner stated they need to include Commercial Forestry zones.
Sylvia Goodwin, Planning Division Manager, stated commercial forestry is no
longer listed in the title because it is no longer in the map. It was one piece for
which the Council was waiting for additional input from the owner. The area is
rezoned to the rural, one unit per five acres (R5A).
Motion carried 4 -2 with Brenner and Crawford opposed and Nelson
absent.
3. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
MINAKER ROAD SOUTH OF SUMAS (BENNER SITE) (AB2002 -084L)
McShane moved to adopt the ordinance.
Dave Grant, Senior Civil Deputy Prosecutor, stated the Council needs to
change section one of the ordinance, "There shall be no access to Minaker Rd. for
mining - related activities."
McShane moved to amend section one of the ordinance, 'There shall be no
access to Minaker Rd. for mining - related activities."
Motion to amend carried 6 -0 with Nelson absent.
(Clerk's Note: End of tape four, side A.)
Motion to adopt the ordinance as amended carried 6 -0 with Nelson
absent.
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
TELEGRAPH AND MINAKER ROADS, SOUTH OF SUMAS (KILLAM SITE)
(AB2002 -084M)
McShane moved to adopt the ordinance.
Motion carried 6 -0 with Nelson absent.
Dave Grant, Senior Civil Deputy Prosecutor, stated the attorney for the
Killams stated that they don't need the amendment for Minaker Road access
because of the lack of access.
S. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN TO EXPAND A MINERAL RESOURCE LAND DESIGNATION
ALONG H STREET ROAD EAST OF BLAINE (JORDAN SITE) (AB2002-
084N)
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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McShane moved to adopt the ordinance.
Motion carried 6 -0 with Nelson absent.
6. ORDINANCE AMENDING THE UTILITY CHAPTER OF THE WHATCOM
COUNTY COMPREHENSIVE PLAN (AB2002 -084Q)
McShane moved to adopt the ordinance.
Motion carried 5 -1 with Brenner opposed and Nelson absent.
7. ORDINANCE AMENDING THE TRANSPORTATION CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084R)
McShane moved to adopt the ordinance.
Motion carried 5 -1 with Brenner opposed and Nelson absent.
8. ORDINANCE AMENDING THE ECONOMICS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084S)
McShane moved to adopt the substitute ordinance as amended.
Motion carried 6 -0 with Nelson absent.
9. ORDINANCE AMENDING THE RESOURCE LANDS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084T)
McShane moved to adopt the ordinance.
Motion carried 5 -1 with Brenner opposed and Nelson absent.
10. ORDINANCE AMENDING THE RECREATION AND DESIGN CHAPTERS
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084U)
McShane moved to adopt the substitute ordinance as amended.
Motion carried 6 -0 with Nelson absent.
APPROVAL OF THE 2002 COMPREHENSIVE PLAN AMENDMENTS
(Clerk's Note: The Council repeated its vote. See above.)
McShane moved to adopt the Comprehensive Plan amendments as one
entire package.
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
Motion carried 4 -2 with Crawford and Brenner opposed and Nelson
absent.
INTRODUCTION ITEMS
ADDENDUM
S. ORDINANCE AUTHORIZING THE TRANSFER AND ASSIGNMENT OF A
FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM FROM
NORTHLAND CABLE, PROPERTIES SEVEN LIMITED PARTNERSHIP TO
WAVEDIVISION I, LLC (AB2003 -078)
McShane moved to accept the Introduction Item addendum.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 12:08 a.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 1/28/2003, Page 44