HomeMy WebLinkAboutCouncil December 10 20021
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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
December 10, 2002
The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
ANNOUNCEMENTS
Nelson announced there was discussion in executive session during the
Committee of the Whole meeting regarding the following four items:
1. Discussion regarding collective bargaining negotiations (AB2001-
390)
2. Discussion with a representative from the Whatcom County
Prosecutor's Office regarding pending litigation (AB2002 -018)
3. Discussion regarding possible land acquisition (AB2002 -421)
4. Discussion regarding qualifications of the applicants applying for
appointment to the position of interim Sheriff (AB2002 -415)
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR NOVEMBER 12, 2002
2. REGULAR COUNTY COUNCIL FOR NOVEMBER 12, 2002
3. SPECIAL COUNTY COUNCIL (BUDGET) FOR NOVEMBER 12,
2002
OPEN SESSION
The following people spoke:
Whatcom County Council, 12/10/2002, 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.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated Birch Bay is losing its
youth hostel. The hostel has had a place for people in Birch Bay who may not
otherwise get there. He supports having a hostel in Birch Bay.
Brenner stated the International Hostel Organization manages the Birch Bay
hostel. The organization is withdrawing its support. She suggested sending a letter
to the organization in support of the hostel. Alesse stated the Lions Club, with a
contribution from the Parks Department, may take over the hostel building. He
suggested that maybe the support should be given to the Lions Club instead. He
would keep the Council informed.
Joe Elenbaas, 600 E. Smith Road, distributed photos of his home before the
fire, on October 29, and after the fire the next day (on file). While he campaigned
for County Auditor, there was a long list of violations on the part of government
employees who were defying the law. There is circumstantial evidence that the fire
started because of county law enforcement personnel. There is more circumstantial
evidence of that than in other cases that go to court. Whatcom County adopted the
Uniform Building Code (UBC), which it amended for clarity. One of the
amendments the County made was that it would designate a certain person to be
the building official. The County said he didn't have permits, but the permits
burned up in the fire. The County produced most of his permits. On 13 different
occasions to different departments, he requested a copy of a letter from Paul
Rushing on his last day in office. That letter demonstrated that he was in full
compliance when Paul Rushing left office. The current chief building inspector
indicated in writing that the house was not complete. Per the UBC, the County is
supposed to keep all the records for 90 days after completion. Whatcom County
destroyed all it's records on his house. That's why there is no means to pursue
this. In order to pursue an investigation, the County has to ask for permission to
come on a site, which the County personnel did not do. The people in the
administrative side of this County continue to violate the regulations. He's lost over
$1 million, and his insurance covers only a third of that amount. He is still trying to
rebuild his home. A bank advised him yesterday that the deciding factor is the
lawsuit hanging over his head. It's a criminal situation that exists. He's written
many letters to many agencies. They have not responded to what he violated. He
proved his permits exist and did not expire. Someone has to hold these people
responsible. When appointing a Sheriff, consider appointing someone who will
enforce the laws to the County employees as well as the citizens. Adopt a "three
strikes and you're out" policy for County employees.
Stuart Smith, Whatcom County Deputy Sheriff, stated he initially liked the
idea of the Council appointing an interim Sheriff. However, having an interim
Sheriff who would not run for office only holds the department back a year, at the
expense of the deputies, citizens, and the County Council. He's heard for years
from the Blaine police officers about what a great administrator Bill Elfo is to work
for. He's witnessed this a number of occasions. On one occasion, Chief Elfo has
assisted his officers to direct traffic so his officers can get the job done more
Whatcom County Council, 12/10/2002, 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.
quickly. On another occasion, he was called out to investigate the scene of an
office - involved shooting, where a Blaine officer was involved. Chief Elfo was there,
standing by and supporting his officer to help him through a difficult time. This is
something he has not seen from the current Sheriff administration. With current
schooling, anyone can be a supervisor. It takes the culmination of schooling and
experience to make a leader. Chief Elfo's desire to be involved with his people will
bring the Sheriff's Office into the future.
Jon Sitkin, City of Blaine City Attorney, stated he serves as risk manager for
the City, and deals with issues of police liability and municipal prosecution. Chief
Elfo is an excellent administrator, a tremendous law enforcement advocate, and
would serve the County well as interim Sheriff.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through three, five through
thirteen, and fifteen through twenty -four. Items four and fourteen were withdrawn.
Item thirteen was approved with a substitute exhibit B.
Motion to approve Consent Agenda items one through three, five through
thirteen, and fifteen through twenty -four carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #02 -106, FOR VARIOUS COURTHOUSE REMODEL
PROJECTS, TO THE LOWEST RESPONSIVE BIDDER, HB HANSEN
CONSTRUCTION, IN THE AMOUNT OF $532,019.40 (AB2002 -425)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #02 -109 FOR THE ANNUAL SUPPLY OF RIP -RAP ROCK
TO THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN ANTICIPATED
AMOUNT OF MORE THAN $35,000 (AB2002 -426)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #02 -110 FOR THE ANNUAL SUPPLY OF MINERAL
AGGREGATES TO BE USED AS NEEDED IN VARIOUS COUNTY ROAD
MAINTENANCE PROJECTS TO THE APPROPRIATE VENDOR AS
DICTATED BY THE SPECIAL CIRCUMSTANCES OF THE PARTICULAR
JOB, IN AN ANTICIPATED AMOUNT OF MORE THAN $35,000
(AB2002 -427)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH BELLINGHAM MARINE, WHO RESPONDED TO
RFP #02 -82 FOR TWO SALT WATER FLOATS TO BE USED DURING
Whatcom County Council, 12/10/2002, 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.
ANNUAL DRY DOCK OF THE LUMMI ISLAND WHATCOM CHIEF FERRY,
IN THE AMOUNT NOT TO EXCEED $100,000 (AB2002 -428)
This item was withdrawn.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND KERR
WOOD LEIDAL ASSOCIATES TO INCLUDE THE SECOND PHASE OF THE
CANYON CREEK ANALYSIS, IN THE AMENDED AMOUNT OF $39,830
FOR A TOTAL AMENDED AMOUNT OF $53,800 (AB2002 -429)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND TEAMSTERS HEALTH
CLERICAL FOR RATIFICATION OF THIS COLLECTIVE BARGAINING
AGREEMENT (AB2002 -430)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE ON -CALL SURVEYING AGREEMENT BETWEEN
WHATCOM COUNTY AND PACIFIC SURVEYING AND ENGINEERING
SERVICES, INC. (PSE) IN THE AMENDED AMOUNT OF $75,000 FOR A
TOTAL AMENDED AMOUNT OF $225,000 (AB2002 -431)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE ON -CALL SURVEYING AGREEMENT BETWEEN
WHATCOM COUNTY AND NORTHWEST SURVEYING & GPS (NWS) IN
THE AMENDMENT AMOUNT OF $75,000 FOR A TOTAL CONTRACT
AMENDED AMOUNT OF $225,000 (AB2002 -432)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ANNUAL JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY
AND USGS FOR THE ONGOING OPERATION AND MAINTENANCE OF
THE COUNTY'S SIX STREAM GAGES WITHIN THE EARLY FLOOD
WARNING SYSTEM, IN THE AMOUNT OF $43,515, WITH WHATCOM
COUNTY'S SHARE OF $32,815 (AB2002 -433)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
AND THE UNIVERSITY OF WASHINGTON DEPARTMENT OF EARTH
AND SPACE SCIENCES, TO MAP HISTORIC CHANNELS AND ANALYZE
HISTORIC CHANNEL MIGRATION PATTERNS, IN THE AMOUNT OF
$76,602 (AB2002 -434)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FRAMATOME ANP TO
INVENTORY FISH BARRIER DRAINAGE STRUCTURES IN THE WRIA 1
AND 3 BASINS IN WESTERN WHATCOM COUNTY IN THE AMOUNT OF
Whatcom County Council, 12/10/2002, 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.
$642,840 WITH THE WHATCOM COUNTY SHARE FROM COUNTY ROAD
FUNDS IN THE AMOUNT OF $111,547 (AB2002 -435)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS SOLID
WASTE DIVISION AND THE CITY OF BELLINGHAM TO OPERATE THE
DISPOSAL OF TOXIC FACILITY, SATELLITE STATIONS AND THE
LAKEWAY YARD WASTE COLLECTION FACILITY IN THE AMOUNT OF
$363,000 (AB2002 -436)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT AMONG WHATCOM COUNTY, THE CITY OF
BELLINGHAM AND WATER DISTRICT 10 FOR WATER QUALITY
SAMPLE ANALYSIS AT THE MANCHESTER LABORATORY IN A
COORDINATED EFFORT BETWEEN WRIA 1 AND THE LAKE WHATCOM
MANAGEMENT PROGRAM, WITH WHATCOM COUNTY'S SHARE NOT TO
EXCEED $19,037 (AB2002 -437)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
FOUR -MONTH EXTENSION OF THE CONTRACT BETWEEN WHATCOM
COUNTY AND MEDICAL EXAMINER DR. GARY GOLDFOGEL IN THE
AMOUNT OF $87,822 (AB2002 -438)
This item was withdrawn.
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH
SOUND REGIONAL SUPPORT NETWORK FOR " "CONSUMER ORIENTED"
MENTAL HEALTH PROJECTS, IN THE UNANTICIPATED AMENDED
REVENUE AMOUNT OF $36,068 FOR A TOTAL REVENUE AMENDED
AMOUNT OF $311,271 (AB2002 -439)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT RENEWAL BETWEEN WHATCOM COUNTY AND REGENCE
BLUE SHIELD FOR ADMINISTRATIVE SERVICES IN PROCESSING
CLAIMS FOR THE SELF - INSURED EMPLOYEE MEDICAL BENEFIT
PROGRAM IN THE AMOUNT OF $18.24 PER MEMBER PER MONTH
(AB2002 -440)
17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT THE
JAIBG BLOCK GRANT TO PROVIDE ADDITIONAL STAFFING TO
SUPPLEMENT THE FULL TIME JUVENILE COURT OFFENDER CASELOAD
IN THE AMOUNT OF $37,020 (AB2002 -441)
18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CRIMINAL INDIGENT DEFENSE SERVICES CONTRACT BETWEEN
WHATCOM COUNTY AND WARREN PAGE, ET AL. FOR DEFENDANTS
Whatcom County Council, 12/10/2002, 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.
WHERE THERE EXISTS A CONFLICT OF INTEREST WITH THE PUBLIC
DEFENDER; SUPERIOR, JUVENILE AND DISTRICT COURTS (AB2002-
442)
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CRIMINAL INDIGENT DEFENSE SERVICES CONTRACT BETWEEN
WHATCOM COUNTY AND MCGREEVY, ET AL. FOR DEFENDANTS
WHERE THERE EXISTS A CONFLICT OF INTEREST WITH THE PUBLIC
DEFENDER; SUPERIOR, JUVENILE AND DISTRICT COURTS (AB2002-
443)
20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CRIMINAL INDIGENT DEFENSE SERVICES CONTRACT BETWEEN
WHATCOM COUNTY AND ZANOTELLI, ET AL. FOR DEFENDANTS
WHERE THERE EXISTS A CONFLICT OF INTEREST WITH THE PUBLIC
DEFENDER; SUPERIOR, JUVENILE AND DISTRICT COURTS (AB2002-
444)
21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CRIMINAL INDIGENT DEFENSE SERVICES CONTRACT BETWEEN
WHATCOM COUNTY AND ANDREW SUBIN FOR DEFENDANTS WHERE
THERE EXISTS A CONFLICT OF INTEREST WITH THE PUBLIC
DEFENDER; SUPERIOR, JUVENILE AND DISTRICT COURTS (AB2002-
445)
22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MARILYN MCLEAN, ET
AL., FOR REPRESENTATION OF INDIGENT PARENTS IN DEPENDENCY
CASES IN WHICH A CONFLICT OF INTEREST EXISTS WITH THE
PUBLIC DEFENDER (AB2002 -446)
23. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT FOR GUARDIAN AD LITEM SERVICES IN TITLE 13
(JUVENILE DEPENDENCY) CASES BETWEEN WHATCOM COUNTY AND
ROGER, SHAFFER & CARLSON (AB2002 -447)
24. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM
DISPUTE RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES
AND MANDATORY FAMILY LAW MEDIATION ADMINISTRATION
(AB2002 -448)
PUBLIC HEARING
Whatcom County Council, 12/10/2002, 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.
1. ORDINANCE IMPOSING AN INTERIM ZONING MAP FOR THE LAKE
WHATCOM WATERSHED (AB2002 -423)
Nelson opened the public hearing and the following people spoke;
Chic Murray, representing Kwong Fong Holdings, Box 511177, Telegraph
Road, Bellingham, stated they are owner of an undivided 50 percent interest in a
property known as area Y in Sudden Valley. There are very significant and adverse
affects of downzoning on Kwong Fong's interest in area Y. He seeks a compromise
that would achieve the goal of protecting the Lake Whatcom environment while
preserving a reasonable development potential for Kwong Fong. Area Y is
comprised of 15 usable acres. Originally, there were 54 densities allocated to the
developable land. The recent zoning change, without a hearing notice to affected
parties, reduced the zone to one home per five acres (R5A), thus reducing the
development potential from 54 to 3. The value of Kwong Fong's interest has been
decimated as a result.
Held since 1989 on the understanding of entitlement to construct 54 homes,
Kwong Fong spent significant funds performing topographical surveys, geo-
technical engineering, and architectural work. Beginning in 1992, the sewer
moratorium prevented carrying forward with the plans any further. After a ten year
moratorium, the Council seeks to take away the entitlement to fully develop this
project by permanently downzoning the site.
Kwong Fong has a large investment in this property. Property taxes have
been paid for over ten years, based on an assessment that allowed for 54 units.
Now Council seeks to take that away without compensation. To recoup some of
this investment, he requests that the zone of Area Y be set at two homes per acre.
This zoning will reduce potential development of Area Y from 54 to 30 residences, a
major reduction. Seriously consider this compromise. The foundation of the legal
system has always been to protect property rights. This downzone amounts to a
taking of property by a legislative authority without any compensation. The object
of density reduction in the watershed is an admirable goal. However, property
owners who have not realized their entitlements should not be forced to pay the full
cost of density reduction, which should be spread amongst all property owners.
Kwong Fong does not ask to restore original development potential, but to reduce
the potential to a fair, compromised level.
Jon Sitkin, Chmelik Sitkin & Davis P.S., 1500 Railroad Avenue, stated he
represents Western Washington University (WWU). Western's property that will be
affected is the Lakewood property, adjacent to the Byron Tract. Western does not
intend to develop residential densities at this property. The removal of that is not
the concern. The unintended consequence is that the conditional use permit criteria
for recreational uses under the urban designation requires that they compare the
uses to other similar zone uses in the urban comprehensive plan. When they
change a property zone to rural, it changes the uses and intensities to which it is
compared. That is an unintended consequence regarding the Lakewood site. The
Whatcom County Council, 12/10/2002, 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.
remedy was a text amendment similar to the one done for the Smith and Northwest
Roads facility. Staff prefers to proceed by way of a concomitant agreement or
contract rezone at this site. He is working through that with County staff.
Hearing no one else, Nelson closed the public hearing.
McShane moved to adopt the ordinance.
Motion carried 6 -1 with Crawford opposed.
(Clerk's Note: Discussion continued below.)
2. ORDINANCE IMPOSING INTERIM AMENDMENTS TO WCC 20.71
(WATER RESOURCE PROTECTION OVERLAY DISTRICT) WCC 20.80
(SUPPLEMENTARY REQUIREMENTS) WCC 20.85 (PLANNED UNIT
DEVELOPMENT) AND 20.97 (DEFINITIONS) TO PROVIDE
ADDITIONAL REGULATORY PROTECTION FOR SENSITIVE
WATERSHEDS (AB2002 -424)
Nelson opened the public hearing and the following people spoke:
Bill Quehrn, Building Industry Association (BIA) of Whatcom County, thanked
the Council for considering its concerns earlier in the year. He also thanked
Planning staff and County Executive for the opportunity of working with them on
the Land Clearing Working Group. Substantial progress was made. There is an
enormous amount of opportunity to do good things for the lake and community.
Hearing no one else, Nelson closed the public hearing.
McShane moved to adopt the ordinance.
Motion carried 6 -1 with Crawford opposed.
3. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) (AB2002 -419)
(Clerk's Note: The CDBG required handouts are included in the County
Council packet.)
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Fleetwood moved to approve the resolution.
Motion carried unanimously.
Whatcom County Council, 12/10/2002, 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.
4. ORDINANCE EXTENDING THE MORATORIUM ON CONDITIONAL USE
PERMITS FOR POWER TRANSMISSION LINES (AB2002 -224A)
Nelson opened the public hearing and the following people spoke:
Mike Kaufman, 1620 Huntley Road, submitted a handout with proposed
language change to Whatcom County Code (WCC) 20.82.030(8), Conditional Uses.
This language was on the table during the last Utility Planning Advisory Committee.
They added, "...voltages greater than 55kv (55,000 volts); provided applications for
such substations and power lines shall be processed as a Major Development Permit
(pursuant to WCC 20.88) and shall require an Environmental Impact Statement;
provided further that ...." Subsection (8)(a) is current language from Initiative 490.
Subsection (8)(b) should restrict the 115,000 -volt lines. Subsection (8)(c) should
restrict the proliferation of 115,000 -volt lines. Subsection (8)(d) is the exemption
that Puget Sound Energy asked for to handle emergency and maintenance
situations. He is in favor of extending the moratorium.
Hearing no one else, Nelson closed the public hearing.
Brenner moved to adopt the ordinance.
McShane stated he would like this moratorium to end some day. Hopefully
they will have some real input from Puget Sound Energy and the Public Utility
District 1. He thanked Mr. Kaufman for his effort to work through the problems.
Hopefully they will get this done in the next few months.
Motion carried 6 -1 with Crawford opposed.
6. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
03 -02 (AB2002 -379A)
Nelson opened the public hearing, hearing no one, closed the public hearing.
McShane moved to approve the resolution.
Motion carried 6 -1 with Caskey- Schreiber opposed.
7. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
04 -02 (AB2002 -380A)
Nelson opened the public hearing, hearing no one, closed the public hearing.
Roy moved to approve the resolution.
Motion carried 6 -1 with Caskey- Schreiber opposed.
Whatcom County Council, 12/10/2002, 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.
S. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
02 -02 (AB2002 -378A)
Nelson opened the public hearing, hearing no one, closed the public hearing.
Roy moved to approve the resolution.
Motion carried 5 -2 with Caskey- Schreiber and McShane opposed.
CONSENT AGENDA
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT AMONG WHATCOM COUNTY, THE CITY OF
BELLINGHAM AND WATER DISTRICT 10 FOR WATER QUALITY
SAMPLE ANALYSIS AT THE MANCHESTER LABORATORY IN A
COORDINATED EFFORT BETWEEN WRIA 1 AND THE LAKE WHATCOM
MANAGEMENT PROGRAM, WITH WHATCOM COUNTY'S SHARE NOT TO
EXCEED $19,037 (AB2002 -437)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee recommended a substitute exhibit A, which is a
spreadsheet. It did not change any of the dollar figures. The substitute corrected a
scrivener's error.
PUBLIC HEARING
1. ORDINANCE IMPOSING AN INTERIM ZONING MAP FOR THE LAKE
WHATCOM WATERSHED (AB2002 -423)
(Clerk's Note: Continued from above.)
Nelson stated there was a substitute ordinance with an amended map. He
moved approval of the substitute ordinance.
McShane stated there were some changes from the original interim zoning
that was proposed in June. This is not exactly the same. Geneva and Hillsdale will
be zoned urban residential, three units per acre (UR -3) for the interim. Staff did
review and recommended changes since the original interim ordinance.
Dave Grant, Senior Civil Deputy Prosecutor, stated there is an additional
finding to address that situation.
Nelson read the additional finding into the record.
Motion carried 6 -1 with Crawford opposed.
Whatcom County Council, 12/10/2002, Page 10
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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.
OTHER ITEMS
1. ORDINANCE AMENDING THE 2002 WHATCOM COUNTY BUDGET, 12TH
REQUEST (AB2002 -416)
Crawford reported for the Finance and Administrative Services Committee
and moved approval.
Motion to adopt carried unanimously.
2. ORDINANCE ESTABLISHING A NEW FUND, THE WHATCOM COUNTY
LOW INCOME HOUSING FUND (AB2002 -417)
Crawford reported for the Finance and Administrative Services Committee
and moved approval. The State mandated a $10 fee for each document recorded in
the County Auditor's Office. Sixty percent of the fee will be used for low- income
housing. That amount will accumulate at a rate of approximately $250,000 per
year. There are specific requirements for the use of this money. This creates an
opportunity to assist low- income families with housing. He is the County Council
representative on the Opportunity Council. There are opportunities to use this fund
in the community.
Motion carried unanimously.
3. RESOLUTION REGARDING COUNTY COUNCIL APPOINTMENT OF AN
INTERIM SHERIFF TO FILL THE UNEXPIRED TERM CAUSED BY THE
ELECTION OF THE INCUMBENT TO THE STATE SENATE (AB2002 -415)
Nelson stated there were numerous applications for the position of interim
County Sheriff. The applications were quite impressive. There are a number of
people in the community willing to serve in various capacities to get the County
through this trying time. Despite what may occur, the system continues to work.
They will give their support to whoever becomes the interim Sheriff. The
administration, Council, and all the departments will be committed to making this
work.
Brenner voted for Ron Peterson.
Roy voted for Bill Elfo.
Nelson voted for Peterson.
Caskey- Schreiber voted for Elfo.
Crawford voted for Peterson.
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Fleetwood voted for Elfo.
McShane voted for Elfo.
Bill Elfo was chosen as interim Sheriff.
Crawford moved approval of the resolution appointing Bill Elfo as interim
Sheriff.
Motion carried unanimously.
4. APPROVAL OF SPECIAL MEETING DATES FOR 2003 (WATER
RESOURCES WORK SESSIONS) (AB2002 -451)
Roy moved approval.
Motion carried unanimously.
S. APPOINTMENTS TO THE FLOOD CONTROL ZONE DISTRICT ADVISORY
COMMITTEE (AB2002 -338A)
Nelson stated there are four applications for four positions to the Geographic
Areas: Gerald Juergens, Roger Nichols, Roy Hadaway, and Christopher Kelley.
McShane moved to appoint all four applicants to the Geographic Areas
positions by acclamation. He thanked Ron Bronsema for his work on the
committee. He continues to do an incredible job.
Motion carried unanimously.
Nelson stated there are two applicants for two positions to the Special
Districts positions: Art Anderson and Ron Bronsema.
Brenner moved to appoint by acclamation both applicants to the Special
District positions.
Motion carried unanimously.
Nelson stated there are two applicants for two positions to the Impacted
Cities: Ron Polinder and Carnelia Foster.
Brenner moved to appoint by acclamation the two applicants to the Impacted
Cities positions.
Motion carried unanimously.
6. APPOINTMENTS TO THE HORTICULTURAL PEST AND DISEASE BOARD
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(AB2002 -3388)
Nelson stated there are two applicants for four vacancies.
Brenner moved to appoint Steven Midboe and Clayton Wray.
Motion carried unanimously.
7. APPOINTMENT OF M. WAYNE ERICKSON TO THE PUBLIC HEALTH
ADVISORY BOARD (AB2002 -449)
Brenner moved to appoint M. Wayne Erickson.
Motion carried unanimously.
(Clerk's Note: End of tape one, side A.)
8. APPOINTMENT OF MEMBERS TO SERVE ON THE AGRICULTURAL
PURCHASE OF DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE
(AB2002 -452)
Brenner moved to appoint all applicants by acclamation.
Motion carried unanimously.
DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENT
1. ORDINANCE ADOPTING A MINERAL RESOURCE LANDS
COMPREHENSIVE PLAN AND ZONING DESIGNATION FOR THE
JORDAN PROPERTY (AB2002 -084N)
Roy moved to forward this item to the concurrency hearing.
Motion carried 6 -0 with McShane abstaining.
McShane stated he abstained because he sponsored this request as a
councilmember.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Item.
Motion carried unanimously.
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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1. RESOLUTION PERTAINING TO APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND PROVIDING FOR A
PUBLIC HEARING REGARDING CDBG FUNDING FOR HOUSING
ENHANCEMENT IN WHATCOM COUNTY (AB2002 -450)
OTHER BUSINESS
Crawford stated he would like to see if the County Council would jointly, with
the administration, sponsor a plaque or some sort of recognition for Sheriff
Brandland to be presented in January.
Pete Kremen, County Executive, stated that Friday, December 20, is the day
scheduled for a two -hour open house in the Executive's Office. A plaque will be
given to Sheriff Brandland at 3:05 p.m.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 7:54 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 14 , 2003.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Whatcom County Council, 12/10/2002, Page 14