HomeMy WebLinkAboutCouncil May 6 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
May 6, 2003
The meeting was called to order at 7:12 p.m. by Council Chair Dan McShane
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that there was discussion regarding content of
Planning Commission meeting minutes (AB2003 -018) during the Committee
of the Whole meeting.
McShane also announced that there was discussion regarding two
possible land acquisitions (AB2003 -018) and discussion with a
representative from the Whatcom County Prosecutor's Office regarding
pending litigation (AB2002 -018) in executive session during the Committee of
the Whole meeting.
SPECIAL PRESENTATIONS
1. NORTHWEST STRAITS INITIATIVE 2003 GRANT AWARD AND
MARINE RESOURCE COMMITTEE UPDATE (AB2003 -017)
Tom Cowan, Northwest Straits Commission Director, gave a presentation.
He presented Executive Kremen with a check for $70,000 to support the Marine
Resources Committee. He described the membership of the Northwest Straits
Commission. There is a project to remove derelict fishing gear, with a hotline to
report the derelict gear, a database to track locations, and guidelines to safely
remove the gear. Whatcom County was the pilot location for the project. In one
week, they removed 11 tons of gear.
At the end of this year, the fifth year, nationally recognized experts will
Whatcom County Council, 5/6/2003, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
evaluate the Northwest Straits Initiative to determine if the program is effective.
They are confident that they be continued.
Pete Kremen, County Executive, stated that this money will go a long way in
the County's efforts to enhance marine resources.
Amy Kraham, Marine Resources Committee Member, talked about projects
that include a creosote log inventory, community outreach to educate and
communicate with the community about marine resources, the forage fish project
that finds spawning grounds, a Marine Summit, and maintaining a marine data
library.
2. PRESENTATION REGARDING RECOGNITION OF WHATCOM COUNTY
AS A " "STORM READY COMMUNITY" (AB2003 -180)
Ted Beaner, National Weather Service Warning Coordination Meteorologist,
explained what it means to be storm ready. The program recognizes communities
that make the effort to better - prepare the community. He listed the benefits that
Whatcom County has to make it storm ready and the potential hazards in the
area. He presented the County with two road signs designating Whatcom County
as a storm ready community.
Pete Kremen, County Executive, accepted the road signs and stated that
Whatcom County is the only county in Western Washington to achieve this
designation. This will go a long way to reducing the insurance costs for those who
have to have flood insurance. There is a financial gain to the taxpayers of
Whatcom County. It is a tribute to the Emergency Management Division of the
Sheriff's Office. He stated that Bob Jacobsen is a meteorologist who volunteered a
lot of time to put together the data that enabled the County to get this
designation.
Neil Clement, Emergency Management Division Manager, stated it is an
honor to get this designation. Whatcom County is the second in the state to
achieve it. Because of all the weather hazards in the county, the collaboration
with the Weather Service has paid off.
Bill Elfo, Sheriff, thanked Neil Clement and Mr. Jacobson for their work and
effort on this project.
3. PROCLAMATION BY EXECUTIVE PETE KREMEN REGARDING
RAINBOW CENTER (AB2003 -017)
Pete Kremen, County Executive, read the joint proclamation into the record.
The week of May 5 through May 9 will be Rainbow Center Week. He specifically
recognized and thanked several people, including Gary Williams, Jane Relin, Lyle
Stork, Sharon Matthews, Alex Johnson, Charles Albertson, Julian Marsh, Charles
Shirley, Russ Apienza, Jackie Elliott, and Tom Richardson. He also thanked the
Whatcom County Council, 5/6/2003, 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.
Council for its steadfast support over the years.
MINUTES CONSENT
Brenner moved to accept Minutes Consent items one through three.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR APRIL 22, 2003
2. REGULAR COUNTY COUNCIL FOR APRIL 22, 2003
3. WATER RESOURCES WORK SESSION FOR APRIL 15, 2003
OPEN SESSION (20 MINUTES)
The following people spoke:
Dave Hansen, County Fire Commissioner Association of Whatcom County
President, stated he would speak on the request authorization for the
Executive to enter into an interlocal agreement between Whatcom County
and the City of Bellingham for emergency medical services as approved by
the County Council on 4/22/03 with recommended changes by the City of
Bellingham (AB2003- 165A). He thanked the Council for its work with the City of
Bellingham to create the agreement. The Whatcom Medic One program is not
merely the Bellingham Fire Department and Whatcom County. It is predominantly
comprised of all county and city fire agencies. It is the one truly consolidated
emergency management services (EMS) delivery system, which has been proven
over the years. The failure of this new funding model and the responsibilities will
reduce the level of service to the public while increasing the cost. This system
needs to be maintained for the public's welfare. They felt September was a good
time for the levy to go forward. Whether the levy goes forward in September or
November, he supports the Council and the program. Move forward and promote it
to the citizens of the community.
PUBLIC HEARING
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
TEXT, CHAPTER 20.40, AGRICULTURE DISTRICT (AB2003 -153)
Kraig Olasen, Senior Planner, gave a staff report and stated this is an
amendment to the conditional use section of the agricultural district zoning. It adds
a provision to allow non - agricultural businesses as a secondary use in conjunction
with commercial operations that provide agricultural goods and services. The
Whatcom County Council, 5/6/2003, 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.
business must be the same type and function as the agricultural service business.
It must remain secondary and subordinate to the primary use. It must augment
survival of the primary use. It must not require additional area beyond that
required by the primary service business. It must satisfy Hearing Examiner review
of the project for compliance with the conditional use criteria. It must not require
greater levels of water and sewer or have greater impacts on surrounding
properties than the primary agricultural service business. The Planning
Commission recommends approval. The business owner has to submit an affidavit
up to once per year to verify the business is still secondary.
McShane opened the public hearing and the following people spoke:
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden, stated she is in favor
of the ordinance. The Agricultural Advisory Committee, staff, and Planning
Commission support it. The Council Planning Committee also approves this. The
reason for this public hearing is because the Planning Committee removed another
recommendation regarding the agricultural zone from this ordinance, not because
the committee recommends a change.
There are safeguards built into the regulation to ensure that the agricultural
zone suits its intended purpose. There must be a primary agriculturally related
business. The business must be better suited in the agricultural zone than another
zone, the site must be better for the business than for actual agriculture, and the
business must provide goods and services only to the agricultural community.
An issue that came up was a question about whether this would allow
mushroom composting. It is specifically not allowed through this regulation.
Brenner asked how much leeway a farmer would have before the ancillary
business would be shut down. Starkenburg - Kroontje stated there will be conditions
imposed by the Hearing Examiner, which will include that the business be
consistent with the County zoning code. The zoning code has an annual review
period for financial records. The Hearing Examiner may find that the non-
compliance was temporary in nature.
Hearing no one else, McShane closed the public hearing.
Nelson moved to adopt the ordinance.
(Clerk's Note: End of tape one, side A.)
Nelson stated the language about what the primary and secondary
businesses can be is confusing.
Brenner moved to amend item 1, section 20.40.162 to insert the language,
".162 Commercial operations, except for mushroom composting.... Examples of
Whatcom County Council, 5/6/2003, 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.
primary agricultural commercial operations include, but are not limited to:
livestock...."
Crawford stated the motion is unnecessary if this subsection is read in
context of the whole conditional use section. He is also opposed to listing examples
of "primary commercial operations" unless they do call it primary commercial
operations. They have not used that phrase before.
either.
Caskey- Schreiber stated they haven't used the term "secondary" before
Brenner stated any clarification the Council can provide is worthwhile.
Nelson asked if staff has a problem with the motion. Olason stated it is
discussed in the following language.
Motion to amend carried 4 -3 with Crawford, Roy, and McShane
opposed.
Motion to adopt the ordinance as amended carried unanimously.
2. ORDINANCE CONTINUING THE INTERIM CONDITIONAL USE
CRITERIA ADOPTED BY ORDINANCE 2002 -068 FOR THE SITING OF
MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE
AGRICULTURAL ZONING DISTRICT (AB2003 -158)
Kraig Olason, Senior Planner, gave a staff report and stated this is a
continuation of the current interim controls.
Crawford asked if the Planning Department is working on a permanent
ordinance. Olason stated a permanent ordinance is to be worked on.
Brenner stated there have been some changes. It has been through State
Environmental Protection Act (SEPA) review. She read an amendment that says
the SEPA official determined there were no significant adverse environmental
impacts that are likely to result from the adoption of this proposed ordinance, and
that any future actions associated with this ordinance should require additional
SEPA review.
McShane opened the public hearing and the following people spoke:
Elizabeth Denning, 7082 Goodwin Road, stated that British Columbia
regulations are much more strict than Whatcom County regulations. Whatcom
County needs to enact regulations that are stricter that those in British Columbia to
encourage Canadian mushroom composters to find a local, Canadian source of
compost. Mushroom compost is made to increase the ammonia in it. That's one
Whatcom County Council, 5/6/2003, 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.
reason it is odorous. The mushroom business is new in the United States and in
the world. That's why no one really understands the subject. Setbacks are very
important. The bio- filters at the facilities can go bad. Mushroom farming is not
about farming mushrooms. It is about making compost for the mushroom market.
Agricultural tourism is an up- and - coming thing. Mushroom composting will not help
that.
Greg Barlean, 6747 Ocean Road, Everson, stated mushroom composting is
not farming. This ordinance is not a prohibition against mushroom composting. It
is trying to get mushroom composters to behave. The inclusion of ancillary
production in the ordinance is correct. Small operations can get their compost from
Money's. The setbacks are okay. Commercial scale mushroom substrate
manufacturing is not farming. The indoor legislation in British Columbia did not kill
that industry. There is a small group of people who do not want to use indoor
compost. They think they've found a place to get their outdoor substrate. They
have a bad reputation.
Fleetwood asked if the largest mushroom facility in Whatcom County is
characterized as a small operation. Barlean stated it is a medium size operation.
The Ostrom operation uses 1,500 cubic yards of substrate a month. The average
British Columbia operation uses 1,200 cubic yards. The operation on Highway 9 is
very small. The IMS /Recomp facility is a medium to large commercial composting
facility. No mushrooms are grown there.
Brenner asked for clarification of a statement in Mr. Barlean's information
that says there is a danger that the Council's wishes could be circumvented if the
definition of "ancillary" is arbitrary or capricious. Barlean stated that came from
the Planning Department. He was asking that the County make sure the ordinance
deal with commercial and non - commercial composting. There are some
jurisdictions that allow up to 80 percent of the substrate to be shipped off -site, and
are still called ancillary. However, it still all needs to be done with indoor
technology.
Brenner stated there are no changes to the ancillary part of the interim
ordinance. Barlean stated that the interim ordinance is correct.
Hearing no one else, McShane closed the public hearing.
Brenner moved to adopt the ordinance. Two changes have been included.
Exhibit A, section 20.40.165, third sentence is new. Another change is clarification
of the security deposit in section 20.40.165(5).
Motion carried unanimously.
3. RESOLUTION APPROVING THE WHATCOM COUNTY BICYCLE PLAN
(AB2003 -174)
Whatcom County Council, 5/6/2003, 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.
Hal Hart, Planning and Development Services Director, gave a staff report
and stated this is a joint effort among the Parks Department, Planning Department,
Public Works Department, and the Bicycle /Pedestrian Advisory Committee. Many of
the ideas are already incorporated into the Comprehensive Plan. This plan is a
functional plan.
Roy asked if there were any representatives from the City of Bellingham.
Hart stated there were. During the development of the plan, they kept other
communities abreast of the plan.
McShane opened the public hearing and the following people spoke:
Jeff Margolis, 5455 Potter Road, Deming, stated he supports the plan. He
complimented and thanked the Executive for initiating this committee. He thanked
the Planning Commission for its unanimous approval and support of the plan. He
also thanked Hal Hart for supporting the committee and Ellen Barton for her work
on the committee. The chair, Scott Thompson, provided meticulous work toward
the project. It is a wonderful piece of work that attends to all the details. This is a
first step for the County to build a countywide consensus for bicycle use and
planning. The Council has to think about making room for bicycles so it is safe.
Scott Thompson, Bicycle /Pedestrian Advisory Committee Chair, stated
providing safe and attractive bikeways provides physical activities for the bicyclist.
At the same time, it helps all citizens by keeping air and water clean and reducing
roadway congestion. Investing in non - motorized transportation infrastructure can
reap significant payoffs. He thanked Hal Hart, Mike Donahue, and Roger DeSpain.
He invited the Councilmembers to attend the Pedal with Your Politician event and to
participate in Bike to Work day.
Hearing no one else, McShane closed the public hearing.
Fleetwood moved approval of the resolution.
Crawford asked the concept for the off -road trails that are through private
lands. Hart stated the concept is connectivity. This is not about taking a private
property. These are existing trails that the County would link to.
Crawford asked about a plan for a trail going northeast from Hannegan Road
and Mount Baker Highway toward the river.
Nelson stated that is the old rail line bed.
Thompson stated a lot of the corridors are conceptual. They have been
shown on Parks Department planning maps for years. He recognizes that there are
a lot of challenges with some corridors. This trail may not happen, but it is a 20-
year plan of what they would like to see conceptually. The Planning Commission
requested that they insert text that clarifies they will not acquire any property by
Whatcom County Council, 5/6/2003, 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.
condemnation. They plan to work with the Whatcom Land Trust and other agencies
to provide incentives to landowners.
Nelson asked who will be responsible for putting these projects into the
County's future road plans.
Joe Rutan, Assistant Director of Public Works, stated they are taking this
document into account. They are looking at the priority rating of the roads and
other factors. There is a County road project for bikeways and trails in the amount
of $230,000. Staff will look to this document and some of the school zone issues to
improve walking and bike trails.
Nelson asked about a recommended annual funding level. Rutan stated a
County Road Project (CRP) each year is to provide $230,000 for construction of
walkways and trails each year. Every time they do a project, they will look at how
this fits in with a program.
Nelson stated make sure that the funding sources are there to fund this kind
of program. He asked if staff is confident it can meet program needs with current
funding levels. Rutan stated he couldn't say for sure right now. He is looking at
this compared with the six -year road program.
Motion carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through nine.
Motion carried to approve Consent Agenda items one through nine
carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM FOR EMERGENCY MEDICAL SERVICES AS
APPROVED BY THE COUNTY COUNCIL ON 4/22/03 WITH
RECOMMENDED CHANGES BY THE CITY OF BELLINGHAM (AB2003-
165A)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03 -
32 TO THE LOWEST BIDDER, WHATCOM BUILDERS, FOR THE
ASPHALT CONCRETE OVERLAY AND PRELEVEL AT MISCELLANEOUS
COUNTY LOCATIONS, IN THE AMOUNT OF $822,095 (AB2003 -182)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03 -
30 FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES FOR COUNTY
Whatcom County Council, 5/6/2003, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
ROAD PROJECTS TO THE APPROPRIATE LOW BIDDER, BASED ON JOB
LOCATION AND DISTANCE FROM PLANT, AND PRODUCT
AVAILABILITY, FOR A TOTAL EXPENDITURE OF APPROXIMATELY
$400,000 (AB2003 -183)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM
COUNSELING & PSYCHIATRIC CLINIC AND WHATCOM COUNTY
HEALTH DEPARTMENT, TO ENGAGE HOMELESS PEOPLE WITH CO-
OCCURRING DISORDERS IN MENTAL HEALTH AND SUBSTANCE
ABUSE TREATMENT, AND TO ASSIST THEM IN OVERCOMING
BARRIERS FOR HOUSING, IN THE AMOUNT OF $42,122 (AB2003-
184)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
ECOLOGY — REHAB THE LAB PROGRAM, TO PROVIDE
REIMBURSEMENT TO PROPERLY REMOVE HAZARDOUS CHEMICALS
FROM WHATCOM COUNTY HIGH SCHOOL SCIENCE LABS, IN THE
AMOUNT OF $35,550 (AB2003 -185)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COASTAL GEOLOGIC
SERVICES, INC. (CGS), TO PROVIDE FOR THE FIFTH (2003) AND
SIXTH (2004) YEARS OF MONITORING OF THE LIGHTHOUSE PARK
BEACH RESTORATION PROJECT, IN THE AMOUNT OF $20,340
(AB2003 -186)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FARMLAND LEASE BETWEEN WHATCOM COUNTY PARKS AND
RECREATION AND ARON HOVANDER, TO FARM APPROXIMATELY 80
ACRES OF LAND AT HOVANDER HOMESTEAD PARK IN FERNDALE, FOR
A TERM OF THREE YEARS, IN THE AMOUNT OF $3,000 PER YEAR
(AB2003 -187)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LAND LICENSE AGREEMENT BETWEEN WHATCOM COUNTY PARKS
AND RECREATION AND GARY VAN DYK, TO CUT HAY AND SILAGE AT
DEMING HOMESTEAD EAGLE PARK IN DEMING (AB2003 -188)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN WHATCOM COUNTY AND URS CORPORATION, FOR
ASSISTANCE DURING BIDDING AND CONSTRUCTION PHASES ON THE
SAAR CREEK SEDIMENT TRAP PROJECT, IN THE AMOUNT OF $27,982
FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $42,556
(AB2003 -189)
Whatcom County Council, 5/6/2003, 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.
10. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 901002
AND THE AWARD OF CONTRACT TO THE LOWEST RESPONSIVE
BIDDER, SOTO AND SONS CONSTRUCTION LLC, FOR THE WEST
SMITH ROAD IMPROVEMENTS, FERNDALE CITY LIMITS TO
NORTHWEST DRIVE, IN THE AMOUNT OF $1,298,846.28 (AB2003-
190)
Crawford moved to approve the resolution.
Brenner stated she wanted to hold this in Council for two weeks so the
Council can go on a tour of the area. She heard that someone from Whatcom
County called the North Bellingham School asking that the school representatives
support this item. If that happened, it wasn't appropriate. Also, the principal of
the North Bellingham School left her a message that said she wanted to know all
sides of this issue. The Council received information today that is incorrect. The
annual programs for 2002 and 2003 did not show that the sidewalks were included
in this project. Also, the cost to install sidewalks on both sides of the road will cost
$56,000, not $20,000 to $25,000.
(Clerk's Note: End of tape one, side A.)
Brenner continued to state that she was told 20 residents attended this
meeting. That is not a good barometer for spending $56,000. Per existing
standards, a sidewalk is to be constructed in zones with a density of urban
residential, one unit per acre (UR -1) or greater. There is no UR -1 zoning. There is
rural residential, one unit per acre (RR1). It isn't that the sidewalks have to be
constructed in these areas. It is that sidewalks may be considered for these areas.
The road standards, which are being amended, include parts that conflict with the
Growth Management Act, including this part. Sidewalks are considered an urban
level of service. One argument given was that if they just build good -sized
shoulders, they'd have to prevent parking on the shoulders to accommodate
pedestrians. When she drove the road earlier today, no one was parked on the
shoulders. It's not an issue. She asked the Council to table this item until they can
get more information.
Roy stated it sounds as if there are no policies, and that they recommend
sidewalks at random. That is a concern. She would support taking another look at
this.
Nelson stated he agreed with Councilmember Roy. He was under the
impression that it was on the six -year road program as a sidewalk project. He
questioned whether the program could be changed after it goes out for bid, if they
hold off for two weeks. Rutan stated they could do some changes. He's concerned
about public outreach if there are changes.
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber stated she supports tabling so Councilmember Brenner has
another opportunity to look at the area. Staff is not out of line contacting the
people who live in the area and support this. They all do that. She supports the
project because it is important to have safe passageways to school. The area is
densely populated. County intersections are busy and dangerous. With the soccer
fields there, the County should facilitate some kind of pedestrian flow. She's willing
to defer until they can get more information.
Rutan stated the total cost for sidewalks is $56,000. The additional cost for
the sidewalk from what was originally proposed is $20,000 to $25,000.
Brenner stated she is not opposed to safe passage for children. With good -
sized shoulders on improved roads, there is safe passage for children. If they left
the road with shoulders and no sidewalks, it was argued that they would have to
prohibit parking on the shoulder. She heard that there are a lot of cars parked on
the shoulder, however she has not seen cars parked on the shoulder.
Brenner moved to hold in Council for two weeks.
Caskey- Schreiber asked staff to look at the County's policy for sidewalks at
these intersections.
Motion to hold in Council carried 6 -1 with McShane opposed.
OTHER ITEMS
1. PRESENTATION BY BRITISH PETROLEUM CONCERNING
COGENERATION FACILITY (AB2003 -178)
Roy reported for the Natural Resources Committee and stated she will not go
into any detail that would compromise McShane's position on the Energy Facility
Site Evaluation Council (EFSEC). She will invite the representatives back for more
discussion.
2. ORDINANCE AUTHORIZING THE ISSUANCE OF LIMITED TAX
GENERAL OBLIGATION REFUNDING BONDS (AB2003 -156)
Crawford reported for the Finance and Administrative Services Committee
and moved to recommend approval of the ordinance. It will cost the County
around $40,000, and save the County approximately $430,000.
Barbara Cory, Treasurer, gave a staff report and stated this will save the
County about $460,000. They are refinancing debt. She thanked her staff and the
administration for their efforts.
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John Rose, Seattle Northwest Securities President, submitted handouts (on
file). The County applied for bond rating, which was determined as Al. The bonds
were put into the marketplace. When the economy declines, people turn to bonds.
The rates are extraordinary. They are replacing old bonds at 5.68 percent with new
bonds at a true cost of 2.96 percent. They are not extending the life of the debt.
The total savings over the life of the issue is $635,000. In today's dollars, it is
$460,000, which is 12 percent of the refunded bonds. These savings are
extraordinary.
Moody's confirmed the County's rating. The rating report states that the
rating reflects a diverse, stable economy, sound financial management, and low
debt levels. They expect the County's financial operations to remain sound, given
the diverse revenue stream and demonstrated ability to maintain reserves at
targeted levels.
Nelson stated the $700,000 is what is left over from the original $4.2 million.
It will be transferred to lower the debt. It is also money that could be available for
capital facility improvements.
Dewey Desler, Deputy Administrator, stated they do not anticipate investing
more money into the existing building until they finish other capital facilities
planning. They are coming up against a time limit by which the County must spend
the money or return the money. The administration decided there were adequate
funds in the existing reserves and in other reserves if the Council moves ahead with
any other capital facilities uses. This way, there is less debt and lower interest
rates.
Motion to adopt the ordinance carried unanimously.
3. RESOLUTION TO RENAME HAXTON WAY ROAD TO LUMMI VIEW
DRIVE BEGINNING AT MACKENZIE ROAD (AB2003 -191)
Brenner reported for the Public Works and Capital Projects Committee and
moved to approve the resolution. This went a lot smoother than it could have.
People seem very supportive.
Motion carried unanimously.
4. ORDINANCE TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, BY CLARIFYING EXISTING CODE LANGUAGE,
ELIMINATING CONFLICT AND DUPLICATION IN THE CODE
LANGUAGE (AB2003 -173)
Fleetwood reported for the Planning and Development Committee and stated
the committee reviewed and approved the Ordinance amending the official
Whatcom County Zoning Ordinance, Title 20, Chapter 20.71 — Water
Resource Protection Overlay District, Chapter 20.80 — Supplementary
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Requirements (Stormwater and Clearing), Chapter 20.85 — Planned Unit
Developments, and Chapter 20.97 — Definitions, to provide additional
regulatory protection for sensitive watersheds (AB2002 -222B) (amended
version). It will be introduced at the next meeting and a public hearing must be
scheduled after that.
Fleetwood moved to adopt the ordinance.
Motion carried unanimously.
S. ORDINANCE AMENDING ORDINANCE 2003 -005, CHANGING THE
DATE FOR 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 -027B)
Nelson moved to adopt the ordinance.
Roy stated the consensus is that they are giving the levy a better chance of
being approved if it is held during the general election. That's why she's voting for
the November date.
Brenner stated there was a concern about fire districts 16 and 18. If the
levy did not pass during the general election, those fire districts would be out of
luck for a year. However, she found out that they could hold their election in the
primary election for a small amount of money. If this passes, the money would still
be allocated to them. The fire districts should do that.
General elections are when they get the most people out to vote. It's always
better to have important items on a general election ballot.
McShane moved to amend the ordinance to correct a scrivener's error on
Exhibit A, "...at the said dal County election" and any other reference to a
especial" election.
Crawford stated they knew all along that it would require a 60 percent
affirmative vote for the levy to pass. Today, they also found out that the number
of people who vote on this issue needs to be at least 40 percent of the people who
voted in the last general election. Even year elections turn out 80,000 to 90,000
people. Odd year elections turn out about 36,000 people.
Pete Kremen, County Executive, stated that even year elections turn out
about 65,000 people. Generally speaking, there is a 68 to 74 percent turn out for a
general election, and there is a 35 to 44 percent turn out in a non - general election.
The even years have about 20 percent more voter turn out.
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Crawford stated they would need about 28,000 people to vote. He asked if
28,000 people would turn out for the primary this year. He doesn't think they get
that many people voting during a primary election. Kremen stated it is hard to
predict what the voter turn out would be. There are many generalities they could
use. During a low voter turn out, more people go out to support the issue if the
campaign is done successfully. The rationale for having the election in November is
to get a greater number of the community to have an opportunity to voice their
positions on the issue. Also, they save the taxpayers about $35,000. The rationale
for having the election in September is that the City of Bellingham would have an
opportunity to go before the voters in November if the levy failed in September.
Motion to amend carried unanimously.
Motion to adopt the ordinance as amended carried unanimously.
6. APPOINTMENT TO THE DRAYTON HARBOR SHELLFISH PROTECTION
DISTRICT ADVISORY COMMITTEE, APPLICANT: KATHRYN CULLEN
(AB2003 -177)
McShane moved to appoint Kathryn Cullen.
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S RE- APPOINTMENT OF
BILL BLISS TO THE BOUNDARY REVIEW BOARD (AB2003 -192)
Brenner moved to confirm the appointment.
Motion carried unanimously.
8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
LARRY STEELE TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (TAC) (AB2003 -193)
Nelson moved to confirm the appointment.
Motion carried unanimously.
LETTERS SENT BY COUNCIL
1. LETTER TO THE WASHINGTON STATE DIVISION OF GEOLOGY AND
EARTH RESOURCES REGARDING MAPPING OF MINERAL RESOURCE
PROTECTION AREAS IN WHATCOM COUNTY (COUNCIL VOTED
UNANIMOUSLY TO SEND THE LETTER AT ITS APRIL 22, 2003,
MEETING)
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INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, with the two addenda and
the substitute ordinance for Introduction Item one.
Motion carried unanimously.
1. ORDINANCE IMPOSING AN INTERIM ZONING MAP FOR THE LAKE
WHATCOM WATERSHED (AB2003 -181A)
2. ORDINANCE (INTERIM) AMENDING THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER
RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 —
SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING),
CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER
20.97 — DEFINITIONS, TO PROVIDE ADDITIONAL REGULATORY
PROTECTION FOR SENSITIVE WATERSHEDS (AB2003 -181)
3. ORDINANCE AMENDING THE 2003 WHATCOM COUNTY BUDGET,
FIFTH REQUEST (AB2003 -194)
4. ORDINANCE AMENDING WCC 2.54.010 TO REFLECT THE CURRENT
OFFICE HOURS OF THE LICENSING DEPARTMENT IN THE AUDITOR'S
OFFICE (AB2003 -195)
ADDENDUM:
S. ORDINANCE TEMPORARILY AMENDING THE EXEMPTION
PROVISIONS OF TITLE 21, LAND DIVISION REGULATIONS (AB2003-
175)
6. ORDINANCE ISSUING A MORATORIUM ON APPLICATIONS FOR
CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER
TRANSMISSION LINES OF 115,000 VOLTS OR LESS, DESIGNED TO
CARRY 100 MEGAWATTS OR GREATER LOADS, EXCEPT IN THOSE
DISTRICTS CLASSIFIED AS INDUSTRIAL (AB2003 -196)
OTHER BUSINESS
Roy stated there is a draft letter regarding the Nutrient Management
Program to the State representatives, who have worked to keep the program in
the State budget. This letter urges the representatives to stay the course. The
program has shown measurable results, especially for Portage Bay. There is
encouragement to get something for the livestock management program included
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in the House budget proposal. Representative Jeff Morris was not one of the people
who moved this project through.
Pete Kremen, County Executive, stated they might want to include
Representative Morris in some way. Leave the letter as it is, and modify the letter
they send to Representative Morris to leave out the thanks.
Roy agreed.
Caskey- Schreiber stated she also lobbied for this program. State Senator
Honeyford was key in getting this into the Senate budget. She would like to send
him this thank you letter as well.
Roy stated she could do that if the Council wishes.
Crawford stated this is a letter of thanks.
Roy stated it is. It is also to urge them to not let this drop. She will send a
separate letter to Representative Morris.
McShane stated there is support from the Council to send the letters. He so
moved.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated there is the bike event on Saturday. At the same time is the
meeting for Canyon Creek. It would be nice to have councilmembers at all three
big events on Thursday night. There is the Planning Commission hearing on urban
growth areas. The Public Facilities District presentation will be made to the City
Council. The forum on the water resources inventory area (WRIA) is also going on
at the same time.
Caskey- Schreiber stated the request for proposals (RFP) went out for animal
control services. The County got one proposal back. Mr. Desler is negotiating with
them to get a contract together. She asked the administration to run it by the
Animal Control Advisory Committee to see if the Council should support it or not.
Crawford asked how they would not support it if it was the only proposal.
Nelson asked if the other option is to have no animal control services.
Caskey- Schreiber stated she is just bringing the public into the process.
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Fleetwood stated he went on a drive through Silver Lake, Columbia Valley,
and South Pass Road. It is one of the most beautiful drives in the county.
Brenner stated she attended the Shucking on the Spit event in Blaine. It was
very informative and entertaining. On Friday, the Lummi Nation dedicated the
ground for their new Kindergarten through 12th grade school. It is going to be an
amazing school. The Ferndale Diversity Coalition and Lummi Nation put together a
May Day potluck. There were twice as many people attending as last year. These
kinds of positive events are going on in the county to bring people together.
Nelson stated he will be attending reserve training for two weeks. He will not
be at the next Council meeting.
Roy stated she attended the Resources meeting on toxic waste in the Puget
Sound, and how it has managed to work its way through the food web. It is pretty
depressing. Whatcom County does contribute more than its share to the toxic
waste that goes into Puget Sound. They need to talk about that at some point.
ADJOURN
The meeting adjourned at 9:41 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on May 20 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 5/6/2003, Page 17