HomeMy WebLinkAboutPublic Works October 7 20031
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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
Public Works and Capital Projects Committee
October 7, 2003
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
L. Ward Nelson None
Sam Crawford
Also Present:
None
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING THE CITY OF FERNDALE'S CONCERN THAT
RADIO STATION LOCATED IN UNINCORPORATED WHATCOM COUNTY
IS INTERFERING WITH FERNDALE'S ESSENTIAL PUBLIC SERVICES
AND RESIDENCES (AB2003 -330)
Dave Grant, Senior Civil Deputy Prosecutor, stated Whatcom County is
unfortunately not in a position to assist the City of Ferndale directly in terms of an
enforcement or regulatory action. The Federal Communication Commission (FCC)
Act of 1934 and the Second Circuit U.S. Court of Appeals made it clear that the
statute gives the exclusive authority to the FCC to regulate radio stations such as
this one in regard to their interference with other electronic devices and radios.
The courts have consistently held that the Act preempts State and local
governments from regulating commercial broadcast stations such as this. He does
not know if any vehicle the Council could use to directly assist the City of Ferndale.
The FCC has a complaint process. The City of Ferndale has communicated with the
FCC. The FCC has regional offices with specific people appointed to oversee FCC
operations within Whatcom County's region. Follow the FCC protocols. The City of
Ferndale should make certain it is contacting the correct people at the FCC. If they
want to obtain relief, the City needs to build a factual case to present to the FCC.
The FCC website suggests the information it looks for to initiate an enforcement
action. The FCC has the authority to modify this station's license as need be. In
order to do that, it must offer the station an opportunity to be heard on the matter.
There may be a hearing prior to any license modification.
Brenner stated she sent a letter to the radio station, but it was returned.
Apparently there's not even anyone there who is able to receive mail. She asked
what would happen if the County wanted to assist the City of Ferndale. There are
complaints from people outside the City of Ferndale, also. Grant stated one of the
allegations by the City of Ferndale is interference with their police communications.
Public Works and Capital Projects Committee, 10/7/2003, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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 should take a look at that issue with the Sheriff's Office and the
Division of Emergency Management to see if that's an issue for Whatcom County
also. That would give the County more reason to join the City of Ferndale. There
are no impediments to doing that type of activity, if the County's own system is
adversely impacted.
Brenner stated she contacted the Division of Emergency Management. Staff
there said there is no interference with County emergency management services
that they know of. That doesn't mean there's not interference with Ferndale's
services. Staff was going to talk to Ferndale's Police Department.
Grant stated it's also evident from the federal statutory scheme that the
federal government has placed considerable responsibility on the consumer to have
consumer devices that are shielded against radio interference. There's some
obligation put on the person operating a television or radio in the home to have
devices that are not susceptible to radio interference.
Brenner asked if those products are common. Grant stated the FCC has
different standards of protection that are denoted by different levels of protection.
In response to the City of Ferndale, the FCC might say that they are not buying the
correct equipment.
Brenner stated she understood that this hasn't always been the case. People
are using the same equipment as they used before, but the interference has been
only in the last few years.
Susan Cole, Ferndale City Council Member and Planning and Judicial
Committee Chair, stated that is correct. Private equipment functions in one
location, but not in another location. When the City Hall was moved to it's new
building in 1997, phones and computers were also moved, and the interference was
terrible. The City had to spend $10,000 to $20,000 of taxpayer money shielding
that equipment, which it shouldn't have had to spend.
Grant asked if there were instances in the past when the equipment was not
moved.
Cole stated there are instances now where one computer that works fine will
be interfered with one day. The computer was sitting in the same location and was
working fine, and then didn't.
Grant stated there might be some facts indicating that the station increased
the output of its transmission during that time. That might be a significant fact.
The FCC has some suggestions on how to build a case and the facts it needs.
Crawford stated he's sympathetic that there's a problem. When he drives on
Axton Road going west into Ferndale, the radio station he listens to, KGMI, turns
into this radio station, which he doesn't want to listen to. He thought the FCC
Public Works and Capital Projects Committee, 10/7/2003, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
provides safeguards to prevent that from happening, aside from the issue of the
public sector having to safeguard its equipment. He didn't think this is in the
County's jurisdiction to do anything. Writing a letter is a good idea. This affects
him personally when he drives into Ferndale.
Grant stated that part of the FCC's obligation is to allocate the bandwidth of
the radio spectrum so the stations don't interfere with each other. KGMI may be
another body to enlist in this endeavor to seek assistance from the FCC.
1550.
Crawford asked the designated frequency of this radio station.
James Kaufmann, 5873 Madrona Drive, Ferndale stated it is radio station
Crawford stated that bandwidth is not even near KGMI's bandwidth of 790.
Nelson stated he'd heard in the past that this station's audience and direction
was north to Lynden and into Canada. He asked if that's correct. Cole stated that
is correct.
Nelson stated the station may need a pretty high power to reach to Canada.
That may be why Ferndale is getting interference. He asked if the FCC has
responded back to complaints. Cole stated Mr. Kaufman has been working on this
issue for several years as a citizen directly impacted by the interference. He has an
extensive file of information. He's written numerous letters to the FCC trying to
track down licenses.
Brenner asked if they've ever received a letter from the FCC.
Kaufman stated he has received a response. He lives one mile from the
radio site. He's worked on this issue since 1998. A neighbor has also worked on it
since 1992, when the power was increased. The station is up to 50,000 watts.
That is the maximum amount of power the station can go up to as a class B station.
The station used a tube transmitter from 1992 to 1998, when it was sold to Pearl
Broadcasting in Anaheim, California. A new, solid state transmitter went on the air
mid - summer 1998. From that point on, everything degraded. The transmitter is
putting out all kinds of trash.
Nelson asked the FCC response. Kaufman stated the response has been that
most of the problems that are happening in Ferndale are due to a lot of unshielded
phone lines and other equipment that are unshielded and that can be addressed
locally. The FCC doesn't feel it has any bearing on the problem. Every year, the
station has hired a consultant from Portland to check out the station and who
determines that the station is living up to the license structure. The location of the
station at Imhof Road fires the signal through town and up to Malloy Drive. When
the FCC issued the license to the station, the station was located on the Loomis
Trail Road near where the FCC used to have an operating FCC station. The FCC told
Public Works and Capital Projects Committee, 10/7/2003, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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 station that it would have to protect the FCC operating station, so the station
had to null the signal. The FCC was aware from the beginning that there was a
problem. The signal is just as strong as the main carrier. That should not be. It
should be filtered. The signal saturates the entire area. It interferes with local
cellular phone towers in the area.
He's been to the station several times. One person works there three or four
days a week during the day. The owners are three lawyers across the street,
Carpenter, Hardesty, and Britain, under the name BBC Corporation. He asked to
see the inspection file recently. There's nothing posted on the wall that shows the
call sign of the station. It diverts back to KNTR, which is what it used to be. It
went to KCCF, and is now KRPI. The City of Ferndale was never contacted when
the call signs were issues. They're supposed to let the City know and broadcast the
new license. They're supposed to allow the City to comment. They're not doing
that. Because the station is located in the county, he thought he'd get some help
from the County.
Brenner moved to recommend to the full Council that a letter be written to
the FCC and lay out a case for supporting the City of Ferndale and the
unincorporated residents who are being affected.
Nelson stated he'd like to have a response back from the FCC so he better
understands what's going on.
Brenner stated that's what the letter is for. The letter would get a response.
Nelson stated the letter should ask what the FCC intends to do.
Cole stated she did not bring everything from her file, just a few key pieces.
This is a concern to the City of Ferndale. It interferes with critical services. They
are contemplating the purchase of a couple of mobile terminals for their police cars,
but are concerned about whether they will even function. At -risk are court
recordings and council public meeting recordings. It's a major impact to the City
and taxpayers of the community. Taxpayers' dollars are being wasted to protect
themselves from something that should not be allowed to happen. They've
communicated many times with the FCC. Most of the time the City is told that the
station is operating within its license. That's the only type of response the City has
received. There must be a way to protect the citizens from this invasion of their
privacy, invasion of critical services for the community, and waste of taxpayers'
dollars. Ferndale's budget is zero. Spending $40,000 to protect the electrical
equipment in the new police station, should they find the money to build it, is
ludicrous. If they have to meet with FCC representatives in person, she'd do that.
Crawford stated the letter should be copied to U.S. Senators Maria Cantwell
and Patty Murray and U.S. Representative Rick Larson. Cole stated they've done
that also.
Public Works and Capital Projects Committee, 10/7/2003, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
Kaufman stated he recently wrote to the senators and representative.
Senator Cantwell returned a letter saying she would forward the issue to the FCC
Commission.
Brenner stated the FCC Commission will write a form letter saying that the
station is operating within its license. Cole stated that's the frustration they've
been dealing with for years.
Brenner stated it sounds like the FCC has the authority to make changes and
modifications to licenses. They may need to be a squeakier wheel.
Nelson asked if someone can file an injunction. Grant stated he didn't
believe so. They would have to put together a decent case and get the FCC to act.
When they fail to act, then they'd have to see what the options are. There may be
a mechanism to appeal the FCC. That would be likelier than seeking an injunction.
Brenner stated the motion will give her the authority to work with Mr. Grant
on this issue.
Kaufman stated the station reduces its power from 50,000 to 10,000 watts
at night because of interference to another station on the same channel in
Vancouver, Washington. When they do that, the interference drops tremendously.
Dropping their power on a full -time basis would reduce the problem tremendously.
Motion carried unanimous /y.
Crawford stated there is probably a congressional committee that oversees
the FCC. It may be a good idea to copy the letter to the congressional members
who sit on that committee.
Brenner stated Congress just overturned the FCC on the issue that would
have allowed 40 percent of the media to be bought up by individual companies.
Congress doesn't always do what the FCC wants.
COMMITTEE DISCUSSION — COMPREHENSIVE PLAN
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING ORDINANCE RELATING TO
ESSENTIAL PUBLIC FACILITIES (AB2003 -075B) (TODAY'S TOPICS -
STATE EDUCATION, CORRECTION FACILITIES, AND
TELECOMMUNICATION TOWERS)
Matt Aamot, Senior Planner, stated he started this discussion with the
committee two weeks ago. This week he will talk about state education facilities,
corrections facilities, and telecommunications towers. There will be two more
sessions after today to talk about the remaining items.
Public Works and Capital Projects Committee, 10/7/2003, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
State Education Facilities
Aamot read from his PowerPoint handout (on file).
Aamot stated the Growth Management Act says that state educational
facilities are supposed to be in a ten -year capital plan. The only three state
facilities are Western Washington University, the community college, and the
vocational- technical college. He continued to read from his presentation.
Brenner asked what happens if another college or specialized school decides
to locate in the area. She asked if they should allow for it. Aamot stated the
Growth Management Act says State facilities have to be in a ten -year capital plan.
If another facility were to locate here, it would have to be on the State's ten -year
capital plan. He included in the definition any facility in the ten -year capital plan.
He continued to read from his presentation.
Brenner asked why state facilities are not outright permitted in General
Manufacturing zones. Aamot stated the concern of the committee was maintaining
the industrial land base. There was a discussion of how many non - industrial land
uses they should allow in an industrial zone. Heavy industrial areas could have
noxious impacts.
Crawford asked why they don't just say it's a conditional use everywhere. A
state education facility is a use that will have impacts. Going through the
conditional use process requires a few extra steps, is not that onerous, and allows
the neighbors a chance to discuss it. Aamot stated it is permitted currently. The
committee is recommending no change.
Brenner stated that in a neighborhood commercial center or small town
commercial center, residential zoning could be close. There will be major traffic
impacts from a state educational facility. If it's required for light industrial, urban
residential, and general manufacturing, it seems like they'd require it for other
zones, except for airport operation zones. Aamot stated there are potential land
use compatibility issues.
Nelson asked how they plan for future sites if everything is a conditional use.
Aamot stated there is a little uncertainty. There is more certainty from a permitted
use.
Nelson stated that if the use is permitted, someone would know that the land
is available.
Brenner stated there is not a lot of difference between small town or
neighborhood commercial and light impact industrial or manufacturing. Treat
similar areas similarly.
Public Works and Capital Projects Committee, 10/7/2003, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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.
Crawford stated some university or state educational facilities may not have
a big use. There are other uses that would have small impacts, such as an office or
storage site.
Brenner stated something like that would fly right through the conditional
use process.
(Clerk's Note: End of tape one, side A.)
Nelson stated there is no predictability if everything is a conditional use.
Brenner stated there would be predictability. A conditional use just means
that something would be allowed given certain conditions.
Nelson asked how something is allowed if there are conditions.
Brenner stated the conditions are making sure the offsite impacts are
mitigated.
Nelson stated there is no assurance that can be done.
Brenner asked the percentage of the conditional use permits that are
approved. Aamot stated it is a high percentage.
Aamot stated Western Washington University asked if every additional
recreational facility at the Lakewood property has to go through the conditional use
process. Western was going to develop language in the Lake Whatcom rezone
process to bring forward the idea that minor improvements would be permitted,
and major improvements would be conditioned.
Brenner asked if the Council can consider office space as minor
improvements and classrooms as a major improvement. Aamot stated they can. It
would be nice to have a square footage threshold.
Brenner stated she'd rather do it by impact rather than by size.
Nelson asked if they have to consider traffic before they zone something
General Commercial. Aamot stated General Commercial allows a variety of things.
Sometimes it's difficult to pinpoint traffic impacts when they are dealing with a
broad range of uses. Generally, the zones look at those impacts.
Nelson asked if the County, when it creates zones, has to consider the traffic
impacts when there is a permitted use. Aamot stated they do in a general sense.
They're not doing a traffic study for a particular use on that site.
Public Works and Capital Projects Committee, 10/7/2003, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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 moved that all State Educational Facilities require conditional use
permits in all zones where it is currently recommended as either a permitted or
conditional use.
Brenner asked if there is somewhere in the state where a State educational
facility is in an agricultural zone because it is related to agricultural issues. Aamot
stated the County Council tightened up the allowable uses in the agricultural zone.
It deleted a lot of uses that weren't related to agriculture. The existing code
doesn't allow it. They could make State educational facilities allowable with the
stipulation that the facility is related to agriculture.
Motion carried 2 -1 with Nelson opposed,
Brenner moved to allow State educational facilities in the agricultural zone
as a conditional use when related to agricultural operation training only.
Motion carried unanimously.
Crawford asked if they could have an exclusion from the conditional use
permit for clerical use, storage, and other typical uses that do not involve
classrooms, research, and other uses that would have larger impacts. If something
is zoned to allow commercial office space, he would hate to require a conditional
use process just because it is Western or the community college when the use
doesn't involve students. He asked Mr. Aamot to work on language regarding that
scenario. Aamot stated the definition could exclude those items.
Correctional Facilities
Aamot stated Chief of Corrections Wendy Jones was on the Essential Public
Facilities Advisory Committee. He read from his Power Point presentation (on file).
Brenner stated she doesn't want correction facilities located in a residential
zone. She feels very strongly about that. She referenced Policy 2XX -7(c). King
County just went through this and located its sex offender facility in a heavy
industry area. It's not anywhere near residential areas. There will never be a need
to locate a correctional facility in a residential zone. Don't leave it open as a
possibility. They will always be able to find a place in an industrial zone or other
zoning not in a residential area.
Aamot stated the sex offender and mental health facilities are technically not
considered correctional facilities. He continued to read from his presentation.
Brenner asked what they mean by "convenient" access. It seems like any
location outside of the core where the courts are would be inconvenient. Aamot
stated the master planning process has site selection criteria.
Public Works and Capital Projects Committee, 10/7/2003, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated she would like to see the rating system. Aamot stated the
County administration's consultant, HDR, is working on it.
Wendy Jones, Chief of Corrections, stated the rating system is one that HDR
and other law and justice consultants use all over the country.
Brenner asked if the numbers are getting tinkered with to accommodate local
facilities. Jones stated the standards, including the numbers, are nationwide
standards.
Aamot continued to read from his presentation.
Brenner moved to add in the Comprehensive Plan policies that correction
facilities should be located one mile from public and private schools.
Aamot stated the HDR system listed three - quarters of a mile from a school
as satisfactory and one mile or more as excellent.
Motion carried 2 -1 with Crawford abstaining.
Crawford stated he hasn't given thought to whether that is an arbitrary
distance or if it has been analyzed based on statistical information.
Brenner stated the range of an elementary school child is about a mile. They
don't range much further than that. The distance is a natural fit. They should go
with the excellent rating.
Aamot continued to read from the presentation. If there is a very large use
that requires an environmental impact statement and costs millions of dollars, it
may be kicked into the major development category.
Brenner stated correctional facilities should not be allowed in the Residential
Rural zone. It is small acreage zoning. Houses could be fairly close together.
She's also concerned about having something as big as a jail in the Small Town
Commercial zone and the Point Roberts Transitional Zone. Jones stated the Point
Roberts Transitional zone was included because there is a small holding facility
there. It's not being used to hold offenders right now. However, there needs to be
some place to hold offenders for a small time.
Brenner agreed. She's concerned that they are allowing correctional
facilities, which can be interpreted broadly. It should be listed as a minor
correctional facilities. Jones stated a correctional facility would not be allowed as a
conditional use permit. It wouldn't fit with the other uses in the area. It would be
impractical for the County to develop there. The protection would be through the
conditional use process.
Aamot asked if a holding facility be a transitional correctional facility.
Public Works and Capital Projects Committee, 10/7/2003, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated it would be a minor correctional facility. Aamot suggested a
bed limit.
Brenner stated they should treat Point Roberts the same as the residential
zones.
Brenner stated she did not want to not allow correctional facilities in a
Residential Rural zone.
Nelson asked the committee's reasoning for allowing the facilities in the
Residential Rural zones. Aamot stated didn't recall.
Nelson moved to amend the Comprehensive Plan to prohibit correctional
facilities in the Residential Rural zones. It would be a prohibited use. The only
reason it could be allowed is because there would be sewer and water capability
that wouldn't be available in other areas.
Brenner stated this is for small facilities that could have their own septic
system and drain field.
Aamot stated the State Department of Corrections wanted to allow work
release and transitional facilities in residential areas so the people coming out of jail
could be reacquainted with that environment before being released.
Brenner stated that's not what this language says. This language says
correctional facilities. Jones stated the State work release program is for offenders
coming out of the Department of Corrections with six months or less left on their
sentence. One issue is that if the County doesn't allow offenders from this area the
opportunity to reintegrate into the community, it creates more problems in the long
run. A lot of the DOC work release is 25 to 30 beds.
Brenner stated Whatcom County has the right to make limitations on where
it will site sex offender and other facilities. They should not be sited in residential
areas. The protection of the public is more important than these people having a
taste of a neighborhood.
Nelson asked what the City allows. Jones stated the City already has a 25-
bed work release facility. The people who generally come to this area into the work
release facility are from this area. They have family who are residents in the
county and cities. The Department of Corrections (DOC) is trying to integrate them
back into society. The DOC has concerns with totally isolating these people from
contact, which increases the chance of re- offense.
Brenner stated she disagreed that the offenders will be isolated if they're not
located in residential areas. There are plenty of people they will see during and
after work. There will be more re- offense of crime in a residential area. Jones
Public Works and Capital Projects Committee, 10/7/2003, Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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.
stated if they check with the City of Bellingham, they'll find that's not true. They
are closely supervised, and the rules they have to live up to are higher than most of
the folks in the community.
Nelson asked the conditional use process. Aamot stated there is an
application. People within 300 feet in an urban growth area or 1,000 outside of the
urban growth area are notified. It goes to the Hearing Examiner who considers
neighborhood comments and comes up with criteria.
Nelson asked if the Hearing Examiner can deny the request.
Brenner stated the Hearing Examiner cannot deny the request.
Aamot stated conditional use permits can be denied if they don't meet the
conditions.
Nelson asked what the conditions are. Aamot stated there are eight
conditions in the code that talk about compatibility with the neighborhood, traffic,
and things like that.
Brenner offered a friendly amendment to include the Rural zones.
Nelson did not accept the friendly amendment.
Motion failed 1 -2 with Brenner in favor.
Crawford stated he wants this to be a conditional use in every zone. He
moved that all correctional facilities are allowed as a conditional use in the zones
currently proposed to allow the facilities as a permitted use. He can't imagine not
having a conditional use process, which allows a hearing and public input, with
conditions. The Hearing Examiner would put conditions on the operation of the
facility. If the proposal comes from the Sheriff's Office, it could be appealed to the
County Council. That's an appropriate amount of public process that should occur
when they talk about such facilities.
Jones stated that for a large County jail, there is another permitting process
that they'll have to go through that is much more public, will involve multiple
hearings, and will have certain criteria. The conditional use process won't demand
as much public participation for a large jail. For a smaller facility and transitional
housing, they could make it conditional use. Part of the requirement may be to
create at least one zone where each of these things are permitted out right. She
would have to look into it.
Aamot stated the Growth Management Act just says the County can't
preclude such facilities from development.
Public Works and Capital Projects Committee, 10/7/2003, Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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.
Crawford asked if Ms. Jones has any strong opposition to making correctional
facilities a conditional use. He asked if they allow residential uses currently in light
impact industrial zones. Aamot stated the General Commercial zone allows
housing, but not the Light Impact Industrial zone.
Motion carried 2 -1 with Nelson opposed.
Brenner stated the rest of the presentation would be held to the next
meeting.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:00 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 10/7/2003, Page 12