HomeMy WebLinkAboutCouncil September 9 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
September 9, 2003
The meeting was called to order at 7:00 p.m. by Council Chair Dan McShane
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced there was discussion with Randy Watts, Chief Civil
Deputy Prosecutor, regarding pending litigation (Williams v. Whatcom
County) (AB2003 -018) and discussion with Daniel Gibson, Senior Deputy
Prosecutor, regarding pending litigation (Whatcom County Jail) (AB2003-
018) in executive session during the Committee of the Whole meeting.
SPECIAL PRESENTATION
PRESENTATION BY MAHLON CLEMENTS, ASSOCIATE PARTNER AT
ZIMMER GUNSEL FRASCA PARTNERSHIP, REGARDING THE 2004
CENTENNIAL PROJECT (AB2003 -017)
Mauri Ingram, Downtown Renaissance Network Director, stated she works
with the Centennial Project consortium, which is the group that developed the
Centennial Project. Members of the group are associated with several cultural arts
centers in the community. This project is about more than creating structures for
cultural and educational activities in the community. It's about economic
development and the way they value Bellingham and Whatcom County. She
submitted information from the Seattle Times and a brochure (on file). She asked
everyone to visit their website at www.downtownbelIingham.com.
There is a final report from Zimmer Gunsel Frasca Partnership and
Whatcom County Council, 9/9/2003, 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.
information from a 2001 survey of the economic impacts of cultural and arts
activities on local economies. In Bellingham in 2000, local arts and cultural
activities generated $10.8 million in economic activity, not including ticket sales.
That includes salaries, wages, leases paid, and ancillary purchases. She can
provide more information in the future. She thanked the Council for creating the
Public Facilities District and scheduling this presentation on the agenda.
Crawford stated part of the reason they are having the presentation comes
from a Public Facilities District meeting that he and Councilmember Fleetwood
attended. At that time, there was controversy surrounding the Public Facilities
District. He came away from the meeting with a renewed enthusiasm for the
direction that the Public Facilities District dollars are taking. He asked for this
presentation to be made to the full Council. It is very enlightening.
Mahlon Clements, Zimmer Gunsel Frasca Partnership, stated his company
was contracted to do this project. The intent was to take a look at past projects,
consolidate them, bring things together, and come up with a vision. The
Centennial Project is what emerged from the process. The intent is education,
entertainment, and economic developed. Although it was intended to be visionary,
it also needed to be realistic. It also needs to build on an area that already
existed. Make the current energy and activity better by having strategic
coordination of activities in the community. Bellingham is well- situated between
Seattle and Vancouver, B.C. This is also a good time to build, given the historic
low bond rates and public support.
They began by establishing five goals, on the advice of the cultural district
round table, including members from the theater, library, museum, and music
festival. The first goal was to support the missions of these institutions. It was not
to lose or bury the reputation and stature that they have accomplished in the
community. The second goal was to foster community pride in community
buildings. The third goal was to simulate a healthy downtown. The fourth goal
was to do this all this efficiently. The last goal was to do all this in a way that is
realistic and affordable.
There were many alternatives that they all considered. The final idea was to
expand and renovate the Mt. Baker Theater, provide a new library with
underground parking that is central to everything, create new and improved
streetscapes and public open space, build a new smaller theater more specific to
the needs of drama and music, renovate the old library as a children's art museum,
and renovate the Whatcom Museum. There is a cultural triangle of activity right
here, and there is additional activity along Bay Street that should be supported.
The vision was built up current streets and circulation patterns. There is a
need to make them more lively. Tie them together with the existing investments,
such as the Maritime Heritage Park and Whatcom Creek trail.
The plan also calls for expanding the useable open space behind the theater,
Whatcom County Council, 9/9/2003, 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.
and bringing it closer to downtown, adjacent to the proposed new library. There is
also a need for all- weather public spaces.
The plan is built upon creating underground parking that would be used by
all facilities, including the County and City of Bellingham. The new library would be
built on the underground parking.
The plan addresses the need to renovate the Mt. Baker Theater, expand
ownership of the condo spaces, and expand the facilities as appropriate to the
historic building. The existing old building cannot meet all the needs of the
community. They proposed a new, smaller theater and a black box theater. This
building would have a shared lobby, public indoor spaces, and shared spaces for all
the support structures. It could also have a usable public space that can be used
even when there aren't any events going on.
The Whatcom Museum is a fine old building, but doesn't serve the purpose
for fine art exhibits that travel the corridor between Seattle and Vancouver. There
is the patronage to support those exhibits. The Children's Museum has grown as
large as it can in the facility it is in. A new facility would give them an opportunity
to expand educational programs and preserve the historic assets.
The Festival of Music is looking for a home. It's not able to use the facilities
at Western Washington University, as it has in the past.
There is more to the plan than providing cultural facilities. It is about
stimulating economic development. They would only want to go forward with the
plan if they also had a plan to leverage private development and other civic
development, such as the lot south of the courthouse. Residential construction, a
hotel, or offices could be expected to be built in addition to the public investments.
The reason to build and address attention to the district is that they can generate a
tremendous amount of revenue for the community.
The total vision of the project has the library central to everything,
renovations to the existing theater, a new theater on Flora Street, renovations to
the old library as an art museum and children's museum, and renovations to the
existing museum. It wouldn't have to be done at once. It could be phased. He's
proposed different phasing options.
The combined facilities would form a cultural heart to the community. The
area is ripe for development. A lot of steps need to be taken. It's important to
leverage the cooperation between the City and the County. A number of things are
going on. The library bond is an important step, as the center of the whole thing.
The most important thing is to develop a contingent relationship between private
developers, the City, and the County.
Brenner asked the total price tag on the entire project. Clements stated the
price is approximately $60 million. That includes the library.
Whatcom County Council, 9/9/2003, 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.
Ingram stated the estimated project cost is $70 million now, including all
the work done to the Mt. Baker Theater. There would be a lot of different funding
sources. The Public Facilities District is only one source, for an amount of about
$15 million. The library bond is estimated to be about $15 million. They would
seek appropriations from the federal government, private contributions, and other
grants and support. The Public Facilities District funded a fundraising feasibility
study for the bulk of the project. The library received private contributions to
support their participation. The Public Facilities District can't pay for anything
related to the library. She expects the results of that study in October.
Crawford stated some of the comparisons made are to Seattle and Portland,
which are much larger areas. He asked if they have the synergy, population base,
and economic support to make it a vital picture. Clements stated it wouldn't occur
without careful thought. It wouldn't naturally occur just because they build it.
There needs to be a lot of thought on how the different projects are coordinated.
There needs to be joint agreement with private development. It is a vision plan
that needs some leadership to pick out the pieces that people think are possible
and plausible. The plan itself, and estimated building sizes, are not that large.
The library proposed in the vision plan is appropriately sized for Bellingham to
grow into.
Ingram stated one of the reasons to expand with a new theater is because
the larger traveling shows that come to the community are what generate revenue
for the theater. Part of the Mt. Baker Theater organization's mission is to also
subsidize local groups, by providing the theater at a reduced rate. That may or
may not be affordable to some groups. The smaller theater would make more
venues available to smaller community groups, and free up the larger Mt. Baker
Theater space for traveling shows. Another advantage to this plan is that all the
facilities are multi - functional. A significant amount of additional meeting space
would be available once these facilities are constructed. The consortium will work
with a class from Western Washington University to look at the operational
possibilities for the two proposed new theaters. They will talk with corporations
and the university to find out who they bring in, the sizes of groups they bring in,
and their needs. That will provide a better picture of the revenue that can be
generated and the number of hours per day those facilities can be active.
Nelson asked how long the phasing will take. Ingram stated that depends
on when and how the funding comes in. It could be a five to ten year timeframe.
Nelson stated there are hospitality needs from convention, arts, and
entertainment activities. He asked if that was evaluated for the core area. Ingram
stated it is an opportunity. The consortium is talking with developers in the region
about the kinds of things they would like to have in the area. They are also talking
with the Economic Development Council and other appropriate parties.
Whatcom County Council, 9/9/2003, 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.
MINUTES CONSENT
Nelson moved to approve the four Minutes Consent items.
Motion carried unanimously.
1. BOARD OF HEALTH FOR JULY 29, 2003
2. SPECIAL COMMITTEE OF THE WHOLE FOR AUGUST 5, 2003
3. COMMITTEE OF THE WHOLE FOR AUGUST 5, 2003
4. REGULAR COUNTY COUNCIL FOR AUGUST 5, 2003
OPEN SESSION
The following person spoke:
Dennis Jones, 1487 Sudden Valley, thanked Mayor Asmundson and Executive
Kremen for bringing forward the Public Facilities District. He spoke on the
Ordinance amending the Official Whatcom County Zoning Ordinance, Title
20, Chapter 20.71 — Water Resource Protection Overlay District, Chapter
20.80 — Supplementary Requirements (Stormwater And Clearing), Chapter
20.85 — Planned Unit Developments, and Chapter 20.97 — Definitions, to
provide additional regulatory protection for sensitive watersheds (AB2002-
222B). This has been being considered for two years and still nothing has
happened. He was in favor of lifting the moratorium because it delayed action that
they all know is needed in the lake. The lake studies are in, and they know the lake
is degenerating. The ordinance needs to be set. In the absence of a firm set of
ordinances, the option is another moratorium. It is a beautiful area that can be
saved from sprawl and density. Bite the bullet and do it right.
PUBLIC HEARING
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
SAMISH WATERSHED (AB2003 -277)
McShane opened the public hearing and the following people spoke:
Mary Dickinson, Building Industry Association of Whatcom County
Government Affairs Director, submitted and read from her written testimony (on
file). She is opposed to the moratorium. The Building Industry Association of
Whatcom County Council, 9/9/2003, 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.
Washington is not opposed to taking legal action against Whatcom County in the
future, depending on future actions of the Council.
Mark Herrenkohl, 321 Summerland Road, Concerned Neighbors of Lake
Samish President, thanked the Council. It is a great idea. The moratorium is
needed to save all the gains that the Council has made in protecting this sensitive
watershed. If this appeal goes through, this will assure that they won't get dumped
on like what happened to Lake Whatcom. Continue protecting this sensitive
watershed.
Cal Leenstra, stated he is opposed to the moratorium. A 90 percent
reduction in density is a huge private property rights issue that is being closely
monitored by several interested organizations that are advocates of private
property rights. The need for an extreme downzone is not supported by any
scientific evidence. If protecting the lake environment was, in fact, the real reason
for the downzone, the objective could better be achieved by new stormwater
detention methods, treatment methods, and new and more stringent subdivision
rules, which they would have to adhere to. Public water would be the best thing
that could happen to Lake Samish. Because of the downzone, public water is dead
for the foreseeable future. It would cure a lot of ills out there. The downzone was
a mistake. Council is saying that, in the event justice prevails at the judicial level,
it will thwart justice legislative. It is bad public policy and should not be allowed.
Defeat this motion.
Hearing no one else, McShane closed the public hearing.
McShane stated this decision has already been made, and a public hearing is
necessary after the fact.
Nelson stated he wasn't able to attend the meeting when the Council voted
on it. He is opposed to this interim moratorium.
Brenner stated she agrees with Mr. Leenstra about the downzone being too
extreme. She believes in downzoning Lake Samish, but she didn't support this
particular downzone. There are substantive issues before the court. She's hoping
that, if struck down by the Growth Management Hearings Board, the Council
considers the original downzone proposal instead.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through seven, nine through
12, and 14 through 18. Item eight is held in committee for two weeks. Item 13 is
amended to $271,792.
Whatcom County Council, 9/9/2003, 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.
Brenner withdrew item five, six, seven
Motion to approve Consent Agenda items one through four, nine
through 12, and 14 through 18 carried unanimous /y.
1. REQUEST COUNCIL APPROVAL TO MAKE PAYMENT TO SKAGIT
COUNTY FOR CHIP SEAL WORK PERFORMED ON BAKER LAKE ROAD
WHICH EXCEEDED THE MAXIMUM ALLOWABLE DOLLAR VALUE
UNDER COUNTY PURCHASING CODE, NOT TO EXCEED $62,006.84
(AB2003 -292)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
57 TO THE LOWEST RESPONSIVE BIDDER, BOSMAN FUELS, FOR THE
ANNUAL PURCHASE OF FUEL DELIVERED TO THE CENTRAL SHOP,
WHATCOM CHIEF, AND PARKS & RECREATION IN THE APPROXIMATE
ANNUAL AMOUNT OF $241,031.30 (AB2003 -293)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
59 TO THE LOWEST RESPONSIVE BIDDER, WESTERN POWER &
EQUIPMENT CO., FOR THE PURCHASE OF A REPLACEMENT TRUCK
MOUNTED DITCHING MACHINE IN THE AMOUNT OF $217,449.90
(AB2003 -294)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
61 TO THE LOWEST RESPONSIVE BIDDER, DIEHL FORD, FOR THE
PURCHASE OF TWO REPLACEMENT TRUCKS IN THE AMOUNT OF
$41,703.06 (AB2003 -295)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ENTRANCO FOR
COMPLETION OF THE STRUCTURAL DESIGN IN CONJUNCTION WITH
THE LAKE WHATCOM BOULEVARD- AUSTIN CREEK BRIDGE NO. 116
REPLACEMENT PROJECT IN THE AMOUNT OF $81,898.53 (AB2003-
300)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT RENEWAL OF THE HEALTHY CHOICES FOR GIRLS GRANT
THROUGH THE GOVERNOR'S JUVENILE JUSTICE ADVISORY
COMMITTEE, BETWEEN WHATCOM COUNTY AND THE WHATCOM
DISPUTE RESOLUTION CENTER IN THE AMOUNT OF $46,748 OF
WHICH WHATCOM COUNTY WILL RECEIVE $3,255 IN INDIRECT
COSTS (AB2003 -301)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ACCELA FOR
IMPLEMENTATION OF SOFTWARE UPGRADE TO PLANNING AND
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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.
DEVELOPMENT'S PERMIT PLAN TRACKING SYSTEM IN THE AMOUNT
OF $18,200 (AB2003 -302)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LAND USE ALLIANCE AGREEMENT BETWEEN WHATCOM COUNTY AND
CROWN PACIFIC GRANTING PARKS & RECREATION USE OF
PROPERTY FOR A TRAIL (AB2003 -303)
14. RESOLUTION TO ELECT EXPENDITURES OF NATIONAL FOREST
RELATED SAFETY -NET PAYMENTS UNDER P.L. 106 -393 (AB2003 -305)
15. RESOLUTION AUTHORIZING APPLICATION FOR FUNDING
ASSISTANCE FOR A FIREARMS AND ARCHERY RANGE RECREATION
(FARR) PROGRAM PROJECT TO THE INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION (IAC) AS PROVIDED IN CHAPTER 79A.25.210
RCW (AB2003 -306)
16. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #06 -03 (AB2003 -307)
17. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #07 -03 (AB2003 -308)
18. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY
PUBLIC AUCTION, REQUEST #08 -03 (AB2003 -310)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
COOPERATIVE AGREEMENT WITH USDA /NATURAL RESOURCE
CONSERVATION SERVICE FOR THE RECEIPT OF FUNDS FOR THE
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM IN THE AMOUNT OF
$73,500 (AB2003 -304)
Crawford moved approval with an amended amount of $271,792.
Nelson asked if the contract still has to come back for final authorization, and
if the Council will have another look at the federal requirements.
Roy stated it will. This is only the beginning.
Nelson stated he wants to be assured. There are ramifications to this.
Discussion still has to be carried out. It sounds like the owners have not been
informed of the federal obligations.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
"MULTI- JURISDICTIONAL NARCOTICS TASK FORCE PROGRAM
Whatcom County Council, 9/9/2003, 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.
CONTRACT" BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE AND
THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT FOR THE CONTINUING NARCOTICS
EFFORTS AND PROSECUTION ASSISTANCE OF THE NORTHWEST
REGIONAL DRUG TASK FORCE, IN THE AMOUNT OF $118,056
(AB2003 -299)
Crawford stated this item was held in committee. The Sheriff's Office will
attempt to obtain a letter from the Department of Community, Trade, and
Economic Development (CTED) based on the meeting of last week. The concerns
CTED expressed have been resolved.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #03-
65 TO THE LOWEST RESPONSIVE BIDDER, VALLEY FREIGHTLINER,
FOR THE PURCHASE OF A REPLACEMENT DIESEL TRUCK IN THE
AMOUNT OF $81,358.22 (AB2003 -296)
Brenner stated the replacement truck has more bells and whistles than the
truck they have now. That said, the truck they have is a 1987 International diesel
with 151,000 miles. That's very low mileage for a diesel dump truck. Make the
most of the vehicles they have. Difficult budget times are ahead. It's important to
get all the use they can out of the vehicles before they are auctioned off.
Nelson stated the concern about the ER &R replacement schedule may be a
future discussion item. It would reduce Public Works funding because they would
withhold less for a longer period of time.
Caskey- Schreiber stated staff didn't argue that the truck still has life left in
it. Staff is going for a more efficient model that can allow them to do their work
more efficiently.
Brenner stated they can use that argument for every piece of equipment the
County has. Most vehicle replacement requests are legitimate because the lifespan
of the vehicle is used up. That's not the case with this vehicle. There is a lot of life
left in this vehicle.
Jeff Monsen, Public Works Director, stated this kind of mileage isn't
necessarily very high, but they track very carefully each vehicle in the fleet. They
wouldn't replace this vehicle if it wasn't costing the County more than it is worth.
That doesn't mean they can't drive it longer, but they can't drive it longer than the
same or a higher price than buying a new one.
(Clerk's Note: End of tape one, side A.)
Brenner stated she agrees with replacing a vehicle when it costs more to
maintain it. She has a lot of personal knowledge about diesel trucks. She talked to
several trucking companies. Without exception, they all agreed that this is very low
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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.
mileage and should be able to be maintained to be cost effective at this low
mileage.
Nelson moved to approve.
Motion carried 6 -1 with Brenner opposed.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BROWN AND
CALDWELL, ONE OF TWO ON -CALL MODELING ASSISTANCE
AGREEMENTS, TO PROVIDE ON -CALL ASSISTANCE TO RIVER AND
FLOOD STAFF AS NEEDED IN REVISING AND RUNNING THE LOWER
NOOKSACK RIVER HYDRAULIC MODEL TO EVALUATE ALTERNATIVE
FLOOD CONTROL PROJECTS IN THE AMOUNT OF $100,000 (AB2003-
297)
McShane stated there were concerns raised about the flood fee. The Council
should take caution about discussing this if people believe there are legal issues
with the County. He asked Councilmember Brenner to give deference to legal
counsel if he needs to step in.
Brenner stated it has been alleged that this is not a legal fee, and that they
cannot have a fee based on assessed value. That is a tax. They are treating it as a
fee. Therefore, it potentially is not a legal fee. This has been brought over many
times. She's said it before publicly.
Dave Grant, Senior Civil Deputy Prosecutor, stated the flood fee is not the
issue before the Council. The issue now is whether or not they are going to
contract.
Brenner stated the issue is the funding source.
McShane stated he's concerned about some of the statements he's heard.
Considering some of the communications the Council has received, they might need
some brevity. He doesn't want to suppress arguments. Councilmember Brenner's
reasons for voting no are fine, but a lot of elaboration would not be appropriate.
Brenner stated she doesn't disagree with the projects. She disagrees with
the funding source.
Nelson stated the County doesn't have an issue to hide. There is a question
of whether or not the flood fee collected throughout the County is legal. The
question is whether or not this is an appropriate use of the funds. Grant stated it
is.
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Brenner asked if this flood fee is legal. They can go into executive session, if
they want. The funding source makes the determination of whether or not they do
something.
McShane stated the issue that Councilmember Nelson raised comes down to
a fundamental fairness issue of whether they believe, however the fee is collected,
it is fair to use that fund to support these issues. If they have concerns that they
shouldn't collect money for that fund in the manner they are currently, it could be a
reason to vote no. However, they should not debate the fund at this time. Many
people could make an argument about whether or not it is appropriate to use the
fund that is paid for by everyone in the county to support a river project. There is
broad community gain from doing this type of work. That's his view.
Brenner stated she supports the projects. She has a problem with the
funding source. A fee is based on a fee for service, not on assessed value. It
doesn't seem proper for her to support using the funds for something that is not a
proper use.
McShane stated the Finance Committee moved approval of Consent
Agenda items six and seven.
Motion to approve carried 6 -1 with Brenner opposed.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST
HYDRAULIC CONSULTANTS, ONE OF TWO ON -CALL MODELING
ASSISTANCE AGREEMENTS, TO PROVIDE ON -CALL ASSISTANCE TO
RIVER AND FLOOD STAFF AS NEEDED IN REVISING AND RUNNING
THE LOWER NOOKSACK RIVER HYDRAULIC MODEL TO EVALUATE
ALTERNATIVE FLOOD CONTROL PROJECTS IN THE AMOUNT OF
$100,000 (AB2003 -298)
See Consent Agenda item six.
OTHER ITEMS
1. ORDINANCE AMENDING THE 2003 BUDGET, 9T" REQUEST (AB2003-
287)
Crawford reported for the Finance and Administrative Services Committee
and moved approval. The committee asked the Sheriff's Office to follow County
policies and procedures regarding format of future funding requests.
Roy stated this did generate a lot of discussion in the committee. She
struggled with whether or not she wanted to vote for it. There is no measurement
of success. Approval of this item was not a slam dunk. She would like to revisit
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this item at a future date. She has the impression that the Sheriff's Office went
away from the discussion feeling like it owed the Council accountability and clearer
information.
Brenner stated the language was boilerplate language from the State, who
should share the blame.
Motion carried unanimously,
2. REQUEST FOR A SECOND ONE -YEAR EXTENSION FOR THE RESORT AT
LILLY POINT, PUD 1991 -00001 AND CUP 1991 -00042 (AB2003 -289)
Fleetwood reported for the Planning and Development Committee and stated
the committee did not recommend approval.
Fleetwood moved approval.
Crawford stated there is no harm in extending this planned unit development
(PUD) and conditional use permit one more year. The applicant has been through
this process for 12 years. The Council has been assured by Planning staff that
considerable expense has been made on the project. It is a money issue for the
proponent. There is no harm in the extension.
McShane stated he didn't support the request. The planned unit
development was put forward 12 years ago, when the view of what is going on at
Point Roberts is very different from now. Twelve years have passed. It sounds like
there were some legal issues, but they have been resolved. At least two of the
people involved in financing this project have died. The people who worked on this
aren't around anymore. The people who inherited it are attempting to sell the
project to someone else. The letter the proponents sent to the Council requesting
another extension convinced him that there were not any extenuating
circumstances that caused this to be delayed. There is an option. It is possible to
grant the extension and require the planned unit development to comply with all
new regulations regarding tree retention, critical areas, and shoreline rules. The
Council has the ability to add those conditions. However, he is just against
granting the extension. Citing the events of September 11, 2001 five times in one
paragraph as the reason they couldn't get funding seem far fetched, given the low
interest rates in the past year.
Nelson stated he doubts whether one year would make much difference. He
can entertain the idea of adding requirements. Point Roberts planning always
included this as a possible planning unit development. The zoning won't change,
but they won't have this point of the Point Roberts Subarea Plan.
Sylvia Goodwin, Planning Division Manager, stated the zoning has changed in
that area. During the update of the subarea plan, a lot of people were aware that
the Lily Point PUD was expiring. There was discussion and a decision that, if it
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expires, the new zone is the transitional zoning that allows clustered subdivision at
one house per acre, subject to a step sewer system. It wouldn't change the
number of lots much, but with the existing PUD, the development could go in with
septic tanks. Under the new proposed zoning, the development would have to be
clustered with a step sewer system, which is a community drain field that could
later be connected to a sewer.
Nelson asked if the subarea plan reflects what would happen if the Lily Point
PUD did not go forward. Goodwin stated it does.
Motion to approve failed 2 -5 with Crawford and Brenner in favor.
3. APPOINTMENT TO FILL VACANCY ON CONSOLIDATED DRAINAGE
IMPROVEMENT DISTRICT #21, UNTIL A PERSON IS ELECTED AT THE
NEXT SPECIAL DISTRICT GENERAL ELECTION, APPLICANT PETER
VANDYK (AB2003 -276)
McShane moved to appoint Peter VanDyk.
Motion carried unanimously.
4. APPOINTMENT TO THE HORTICULTURE PEST AND DISEASE BOARD,
APPLICANT BRIAN CIESLAR (AB2003 -291)
Nelson moved to appoint Brian Cieslar.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
GENEVIEVE GRANIER TO THE BICYCLE/ PEDESTRIAN ADVISORY
COMMITTEE (AB2003 -312)
Brenner moved to confirm the appointment.
Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
CHERI KILTY TO THE BELLINGHAM- WHATCOM COUNTY COMMISSION
AGAINST DOMESTIC VIOLENCE (AB2003 -313)
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
INTRODUCTION ITEMS
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Fleetwood moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING ORDINANCE 2000 -022 AND WHATCOM
COUNTY CODE 2.130 (AB2003 -314)
2. ORDINANCE ADOPTING AMENDMENTS TO THE INTRODUCTION
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(AB2003 -075A)
3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO
ESSENTIAL PUBLIC FACILITIES (AB2003 -075B)
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.37 - POINT ROBERTS
TRANSITIONAL ZONE DISTRICT AND CHAPTER 20.80 -
SUPPLEMENTARY REQUIREMENTS (AB2003 -317)
S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, CHAPTER 20.72 - POINT ROBERTS SPECIAL DISTRICT
AND CHAPTER 20.97 - DEFINITIONS (AB2003 -317A)
6. ORDINANCE AMENDING THE 2003 BUDGET, 10TH REQUEST (AB2003-
318)
7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NO. 06 -03 (AB2003 -307A)
8. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NO. 07 -03 (AB2003 -308A)
9. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST NO. 08 -03 (AB2003 -310A)
10. RESOLUTION ESTABLISHING AN AIRPORT /LAND USE
COMPATIBILITY ADVISORY COMMITTEE (AB2003 -319)
OTHER BUSINESS
Brenner reported for the Public Works and Capital Projects Committee about
the discussion regarding proposed Lummi Island parking lot expansion for
customers using the walk on option for the Whatcom Chief Ferry (AB2003-
311). The committee decided to take a Lummi Island field trip on Saturday,
September 20 at the noon ferry.
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Roy stated September 20 is the day the Birch Bay Community is having its
open house to present the subarea plan. She will be out of town on that day. It is
scheduled from 10:00 a.m. to noon.
Crawford stated someone was concerned about the field trip protocol for
receiving testimony. He understands that there would be a dialogue between staff
and councilmembers. People can attend, but it wouldn't be a time for public
testimony.
Brenner stated she understood there would be discussion afterward with the
community.
Dana Brown - Davis, Clerk of the Council, stated Council staff would have to
attend.
McShane stated they can decide with staff later about how that would work
best.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
McShane stated the draft environmental impact statements (EIS) for British
Petroleum (BP) and for the Forest Management Plan are available.
Crawford stated he would like a copy of the draft EIS.
Dave Grant, Senior Civil Deputy Prosecutor, stated he believes the Energy
Facility Site Evaluation Council (EFSEC) has the document posted on its website.
The website will also provide information on how to get a hardcopy.
Roy stated they extended the period for interveners to sign up, to September
24, 2003.
Crawford stated it is for interveners based on the draft EIS.
McShane stated the other draft EIS is for Lake Whatcom Forest Management
Plan. The majority of those State Department of Natural Resources (DNR) lands
are trust lands. The Council should be interested in those issues.
Nelson stated he will meet with forestry people to go over those issues.
ADJOURN
The meeting adjourned at 8:16 p.m.
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Jill Nixon, Minutes Transcription
These minutes were approved by Council on September 23 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Whatcom County Council, 9/9/2003, Page 16