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HomeMy WebLinkAboutCouncil January 15 20021 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 Regular County Council January 15, 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 that there was discussion regarding collective bargaining agreement negotiations (AB2001 -390) and discussion with Senior Deputy Prosecutor David Grant and Senior Deputy Prosecutor Randy Watts regarding pending litigation and potential litigation (AB2002 -018) in executive session during the Committee of the Whole meeting. Council has provided instruction and direction to the administration on both matters. SPECIAL ORDER OF BUSINESS ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AB2002 -023) Council Chair McShane nominated Nelson. Motion to appoint Nelson carried unanimously. Vice Chair Brenner nominated herself. Nelson nominated McShane. Caskey- Schreiber nominated Crawford. Whatcom County Council, 1/15/2002, 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. Fleetwood voted for Brenner. Nelson voted for McShane. McShane voted for McShane. Caskey- Schreiber voted for McShane. Crawford voted for Brenner. Roy voted for Brenner. Brenner voted for Brenner. Councilmember Brenner was appointed Council Vice - Chair. Executive Pro- Tempore Brenner nominated Crawford. McShane nominated himself. Fleetwood voted for McShane. Nelson voted for Crawford. McShane voted for McShane. Caskey- Schreiber voted for McShane. Crawford voted for Crawford. Roy voted for McShane. Brenner stated everyone knows the process here, and Councilmember Crawford was the only one who put his name down. She voted for Crawford. McShane was appointed Executive Pro - Tempore. Finance Committee Nelson nominated Roy. Caskey- Schreiber nominated McShane. Brenner nominated Crawford. Whatcom County Council, 1/15/2002, 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. Motion to appoint Roy, McShane, and Crawford by acclamation carried unanimously. Planning and Development Committee Brenner nominated Crawford. Roy nominated Caskey- Schreiber. McShane nominated Fleetwood. Caskey- Schreiber nominated McShane. Brenner voted for McShane, Crawford, and Caskey- Schreiber. Roy voted for McShane, Fleetwood, and Caskey- Schreiber. Crawford voted for Crawford, McShane, and Fleetwood. Caskey- Schreiber voted for Fleetwood, McShane, and Caskey- Schreiber. McShane voted for Fleetwood, McShane, and Caskey- Schreiber. Nelson voted for Crawford, McShane, and Caskey- Schreiber. Fleetwood voted for Fleetwood, McShane, and Caskey- Schreiber. Councilmembers Caskey- Schreiber, Fleetwood, and McShane were appointed. Public Works and Capital Projects Committee Nelson nominated Brenner. Brenner nominated Caskey- Schreiber and Roy. Motion to appoint Caskey- Schreiber, Roy, and Brenner by acclamation approved unanimously. Natural Resources Committee Nelson nominated Fleetwood, McShane, and Roy. Motion to appoint Fleetwood, McShane, and Roy by acclamation approved unanimously. Bellingham International Airport Advisory Committee Whatcom County Council, 1/15/2002, 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. Nelson nominated Brenner. Motion carried unanimously. Council of Governments Nelson nominated Crawford. McShane nominated himself. Crawford stated there are two positions, one on the Executive Board. McShane stated he preferred that Councilmember Crawford take the Executive Board position. Motion to appoint Crawford to the Executive Board position and McShane to the general board carried unanimously. Drayton Harbor Shellfish Protection District Nelson nominated Roy. Motion carried unanimously. Economic Development Council Nelson nominated Crawford. Motion carried unanimously. Forestry Advisory Forum McShane nominated Nelson. Motion carried unanimously. Health and Human Services Advisory Board McShane nominated Brenner and Nelson. Motion carried unanimously. Public Health Advisory Board Crawford nominated Nelson. Motion carried unanimously. Whatcom County Council, 1/15/2002, 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. Developmental Disabilities Advisory Board McShane nominated Roy. Nelson nominated Crawford. Crawford stated that, as the sitting Developmental Disabilities Advisory Board member for the County Council, it took him a year to get up to speed. The Developmental Disabilities Board has gone through many changes this year. He is excited about and looks forward to serving another year, if elected. Roy stated her career was spent working with people with developmental disabilities. That is what her Master's Degree is in. She is very excited. She is very interested in the plans for the future. There is going to be a different approach in the future. She would like to be a part of it. Fleetwood voted for Roy. Nelson voted for Crawford. McShane voted for Roy. Caskey- Schreiber voted for Roy. Crawford voted for Crawford. Roy voted for Roy. Brenner voted for Roy. Councilmember Roy was appointed. Mental Health Advisory Board Nelson nominated Brenner. Motion carried unanimously. Substance Abuse Board Fleetwood nominated Crawford. Motion carried unanimously. Intergovernmental Tribal Relations Committee Whatcom County Council, 1/15/2002, 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. Nelson nominated Fleetwood and Brenner. Motion carried unanimously. Law Enforcement Officers and Firefighters (LEOFF) Board McShane nominated himself. Motion carried unanimously. Local Emergency Planning Committee (LEPQ McShane nominated himself. Crawford asked what this is. McShane stated he was on the committee last year. They meet quarterly. Crawford questioned whether this is the Emergency Medical Services (EMS) Strategy group. McShane stated it is not. McShane withdrew his nomination, and nominated Fleetwood. Motion carried unanimously. Marine Resources Committee Nelson nominated Roy. Motion carried unanimously. North Sound Regional Support Network (NSRSN) Nelson nominated himself, and stated he has been on the NSRSN, and Councilmember Caskey- Schreiber has volunteered as an alternate. He expressed his appreciation. Motion carried unanimously. Northwest Air Pollution Authority (NWAPA) Nelson nominated Caskey- Schreiber. Motion carried unanimously. Whatcom County Council, 1/15/2002, 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 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. Northwest Regional Council (NWRQ Fleetwood nominated Nelson. Motion carried unanimously. Portage Bay Shellfish Protection District Nelson nominated Roy. Motion carried unanimously. Opportunity Council Nelson nominated Crawford. Crawford stated the Opportunity Council will make a seat on the board for the County Council this year. Motion carried unanimously. Public Defense Advisory Committee Nelson nominated Brenner. Motion carried unanimously. Solid Waste Advisory Committee Nelson nominated McShane. Motion carried unanimously. Urban County Caucus Brenner nominated Nelson. Motion carried unanimously. Whatcom Transit Authority (WTAJ Nelson nominated Crawford and Fleetwood. Crawford stated he would like to withdraw his name, and have Councilmember Roy be a member. Whether or not the tax passes, much of this hinges on the Developmental Disabilities group. The same person should be on both boards. He withdrew his name from the nominations, and nominated Whatcom County Council, 1/15/2002, 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 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. Councilmember Roy. Motion to appoint Fleetwood and Roy carried unanimously. SPECIAL PRESENTATION PROCLAMATION BY COUNTY EXECUTIVE PETE KREMEN DECLARING JANUARY 2002 AS 'ALZHEIMER'S AWARENESS MONTH" (AB2002- 017) Pete Kremen, County Executive, read a joint proclamation with the City of Bellingham, and introduced Penny Henderson and Ann Denson. There is a walk /run fundraiser scheduled on January 26, 2002 at Bellis Fair Mall at 9:00 a.m. All are invited. MINUTES CONSENT 1. APPROVAL OF MINUTES FOR THE DECEMBER 4, 2001, BOARD OF HEALTH MEETING Brenner moved approval of items one and two as amended. Motion carried 4 -0 -3 with Caskey- Schreiber, Roy, and Fleetwood abstaining. 2. APPROVAL OF MINUTES FOR ALL THE DECEMBER 11, 2001, COMMITTEE OF THE WHOLE MEETINGS 3. APPROVAL OF MINUTES FOR THE DECEMBER 11, 2001, REGULAR COUNTY COUNCIL MEETING Nelson moved approval as amended. Motion carried 4 -0 -3 with Caskey- Schreiber, Roy, and Fleetwood abstaining. OPEN SESSION The following people spoke: Ben Hinkle, 2582 Northshore Road, stated the County Council demonstrated at the December 13, 2001 meeting that the oath of office means nothing. He wrote an open letter to all representatives of the people. The subject is the oath of office. While under oath, they promised to support the U.S. Constitution. The Constitution is under attack. The United Nations (U.N.) charter for a global democracy will overrule, supercede, and emasculate the U.S. Constitution. All those precious Whatcom County Council, 1/15/2002, 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. rights, which have made our nation the envy of the world, will be taken away if they allow the U.N. to have its way. The U.N. Secretary General said that the U.N. is the ultimate power. One cannot serve two masters. They have a moral obligation to reject U.N. advances, whose sole purpose is to destroy our Constitution and rule the world. They can't live with a little bit of cancer. It has to be cut out completely, or it will eventually kill. He read the Webster's Dictionary definitions of "traitor" and "treason." They are at war. There have been wars since time began, between those who would enslave the people and those who would be free. Our Constitution was born out of war to protect our citizens from foreign oppression. He challenged anyone to show how a world parliament, world taxing system, international criminal court, and a U.N. army will not desecrate the Constitution they have sworn to support. This is a basic, fundamental principle. To understand that principle and act upon it is the duty of every American citizen, by removing those traitors from office. Brenner agreed that the U.N. does more than it should do, but she doesn't agree that it should be eliminated or removed. They don't agree. It isn't right to call someone a traitor just because he or she doesn't agree. Hinkle stated that at the previous Council meeting, a motion was made to send Congress a letter. It was against the U.S. Constitution and their oath of office to vote against that letter. Mike Kaufman, 1620 Huntley Road, spoke as Chairman of the Utility Planning and Advisory Committee. Last Thursday, the committee presented to the Planning Commission its document on the pipeline issue. It was approved without any changes. It will come forward to the County Council. The Planning Commission was a reasonable group to work with. As a private citizen, he asked the Council to please schedule Council meetings on regular weeks such as the first and third or second and forth Tuesdays of the month. Last, he thanked the Council the new councilmembers and the continuing councilmembers for working for the people. Mark Beckwith, 8666 Delta Line Road, Custer, stated he would discuss a proposed regulation from the Department of Ecology, draft number 173350350 regarding waste tire storage and transportation regulations. The new proposal would severely injure his award - winning recycling business. He is currently licensed, bonded and insured. This new proposal would entail a raft of additional regulations, fees, and permits. He would be required to become a solid waste handling facility. All the trucks would have to be individually licensed. There would have to be a license for a scrap tire carrier. The requirements go on and on. Instead of encouraging recycling, this proposed regulation would stifle recycling by over - regulation. It is not well thought -out. Section 2C says that anyone over 800 waste tires would be subject to penalties if it weren't a solid waste - handling site. Dairy farmers of Whatcom County would be breaking the law. The dairy cattle are fed silage, which is covered with plastic that is held down often by many tires. Edaleen dairy uses thousands of tires in its bedding in the stalls. Under this regulation, they would all be breaking the law. Beacon Battery and Used Tire Whatcom County Council, 1/15/2002, 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. functions well within this recycling mentality. He handles approximately 30,000 tires annually, mostly from auto recycler facilities. He has two portable wheel crushers that are capable of removing rims from the tires in the amount of 150 per hour. Custom wheels are sorted and resold. The good tires are sold through retail or wholesale through exporters that send tires to South America or Mexico. The junk tires are handled through Waste Recovery in Oregon. Junk tires are now used as fuel instead of coal. This proposed regulation will over - regulate this industry instead of helping the recycling movement. It will hurt and hinder it by its thoughtless wording and endless permitting and regulation. Brenner stated she didn't know anything about councilmembers working with the State Department of Ecology (DOE). She requested that the Solid Waste Advisory Committee review the permit requirements for composting and recycling facilities. She suggested that Mr. Beckwith contact the Solid Waste Division to find out when that will be discussed. Many of these issues will be brought forward. Richard Gilda, Jensen Road, stated he is looking forward to working with new councilmembers as a citizen and as a member of the Planning Commission. For fourteen years, he's tried to get the Bellingham Herald interested in the Planning Commission. Because of the Bellingham Herald, there are approximately 19 applications for Planning Commission. Regarding the pipeline ordinance, Scott Smith and Kraig Olasen have been working on one of the most difficult projects that has come out of the Planning Commission. They did an excellent job with it. Terry Borneman, 903 Mason Street, congratulated the newly - elected councilmembers and also Councilmember Nelson. Monday, January 21, 2002 is the Martin Luther King, Jr. holiday. This year is the tenth anniversary of the first formal celebration honoring Martin Luther King, Jr. in the Bellingham City Hall. It is a celebration of the spirit of the dream and the rich diversity that exists in Bellingham and in Whatcom County. He invited the councilmembers and citizens of the county to take part in the celebration in the City Hall lobby from noon to 1:00 p.m. There will be speakers and musical performers. Mark Herrenkohl, 321 Summerland Road, stated the Lake Samish residents submitted an application recently to amend the Whatcom County Comprehensive Plan by removing the suburban enclave designation at Lake Samish, and downzone the area to a minimum of rural, one unit per two acres (R2A) zone. The amendment is necessary because they don't want Lake Samish to become another Lake Sammamish or Lake Stevens. The current suburban enclave designation, which is a minimum rural residential, two units per acre (RR2), allows for the addition of more than 1,000 homes in the watershed. This would ruin the quality of life. Four hundred to five hundred residents of Lake Samish get their water from the lake for drinking and other uses. With more development, water quality will be severely compromised, forcing residents to pay for a water system from another source. Their roads can't handle any additional development. As it is now, Whatcom County Council, 1/15/2002, 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 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. residents have to dodge vehicles when walking or biking around the lake. The roads are narrow and without sidewalks. Upgrading the road would be more expensive because of the narrow rights -of -way on all roads around the lake and in close proximity to the lake. The high - dwelling density would greatly accelerate the eutrophication of the lake as more and more stormwater is produced and routed to the lake. With recent development and clear cutting around the lake, they have seen a dramatic increase of stormwater flow during the winter months, a decrease in stormwater flow in summer months, and erosion of sediment into Lake Samish. This has affected fish spawning in the wild, including Coho, chum, and Kokanee, as well as the success of the Samish hatchery on Friday Creek. Additional development and clear- cutting will devastate the fisheries. The proposed amendment conforms to the rural designation of the Growth Management Act, which allows a zoning of not more than one house per two acres. Lake Samish is not an urban growth area. As the County reviews the zoning changes to Lake Samish over the next year, the likelihood of accelerated development within the watershed increases as developers file their permits in anticipation of potential downzoning. Consequently, he asked the County Council to enact an emergency moratorium on all new development on Lake Samish until the potential impacts to Lake Samish can be thoroughly evaluated, and a decision is made on zoning changes to the lake. Leonard Lindstrom, Bellingham, stated he is tired of mob rule. Their leaders, the Mayor and County Executive, need to provide some direction so they can arrive where we should be. Turn things around and go to work. Steven Harper, 121 Bear Creek Lane, stated he is a Lake Samish watershed resident. He requested that an emergency moratorium be imposed, similar to the one imposed in the Lake Whatcom watershed. Lake Samish has the same problems as Lake Whatcom. There are the same water quality, slope, and development threat issues. The quality of the water used by the residents of Lake Samish presently is threatened by potential development in the next year. The threat to the fisheries is from decreased water in Friday Creek. There is detriment to the water quality due to increased runoff. (Clerk's Note: End of tape one, side A.) Harper continued to state that they still do not have a stormwater district in place yet. The RR2 zoning in place currently could bring in over 1,000 new homes along the west side of the lake. The roads cannot handle the current amount of traffic, and much less the traffic level in the future. Another concern is the basin is the air quality. With increased traffic from development and the residential heating and burning in the area, there is an air quality issue. It is a closed basin. He asked the Council to consider enacting an emergency moratorium to take a close look at this area. It is not an urban growth area. It is a rural community. The residents of the area would like to keep a semblance of the current quality of life. Whatcom County Council, 1/15/2002, 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 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. Kathy Ploeger, 631 E. Lake Samish Drive, stated she concurred with Mark Herrenkohl and Steve Harper. She is concerned about the recent Samish Water District's Comprehensive Water Plan, dated November 2001. She has lived at Lake Samish for six years. It is a unique and beautiful area. The amount of growth has been limited to date due to the amount of available water. Most of the lake residents take their water directly from the lake. The current Comprehensive Water Plan was implemented and paid for by a developer so he could bring public water to his properties. Community input and concerns were not sought during the planning process. The residents were only notified after the plan had been finalized. This is a critical event for the Lake Samish community, and its consequences will be significant and irreversible. The first phase of this plan guarantees the degradation of their current water source, Lake Samish, through increased storm runoff, pollution, erosion, and increased traffic. They need to study the Lake Samish watershed just as closely as Lake Whatcom's watershed. Identify its sensitivities. Through careful and consistent land management practices, they can protect and preserve all of the watersheds for the future. Include Lake Samish in the issues regarding Lake Whatcom. Gary Simon, Concerned Neighbors of Lake Samish President, stated they are a nonprofit corporation whose mission is to oversee and protect the sensitive environment and rural nature of Lake Samish. The goal is to ensure that growth is down in an environmentally sensitive manner, with strict adherence to environmental laws while preserving the rural character of the lake. They currently oppose the proposed Water Comprehensive Plan that the Lake Samish Water District is developing. Under current law, the State Department of Ecology (DOE) has the authority to terminate current water rights and require residents to hook up to a system they may not want at a cost that they cannot currently define. Many of the environmental concerns regarding Lake Whatcom are more acute on Lake Samish. Lake Samish is smaller, shallower, has steeper hills, and has a close proximity to Interstate 5. He supports an emergency moratorium on Lake Samish so many of the critical issues regarding the lake can be reviewed. The Lake Samish watershed is at a critical juncture. Any hasty, uninformed decisions could forever changed the ecosystem that exists in and around the lake. Becky O'Brine- Wilson, 921 W. Lake Samish, stated there are a number of issues that they are dealing with. A developer has purchased acreage zoned RR2 at Lake Samish, and he's currently paying the water district to develop a plan that will bring water from the Skagit County public utility district (PUD). The water district is not obligated to, and doesn't intend to, let the residents vote on that hookup. The first phase of the service will serve property owned by the developer and those along the way. The rest of the residents will be left to form utility local improvement districts (ULID) and assess themselves for the cost of running the water around the rest of the lake. Given that the rest of the lake is not well developed, they will bear a greater cost than the phase I people. Whatcom County Council, 1/15/2002, Page 12 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. In the late 1970's or early 1980's, zoning was put into affect around Lake Samish. They designated a great deal of the property RR2. There was not a basis for that other than because it seemed like there were a lot of houses around the lake. However, it is a rural area with few houses. It should have been zoned rural, one unit per five acres (R5A). She would settle for an R2A zone. She owns seven acres. Their knowledge about water issues has changed dramatically since the 1970's. That should be considered a change of condition. Their current issues and current zoning around the lake ought to be looked at in light of what they truly know now about water. They do not have a runoff system. What is being developed for Lake Whatcom will probably not meet their need, since there have been reports of runoff systems that are overflowing when there are not any houses built yet. The Council owes it to all the residents of the county to look at Lake Samish, so the lake stays as a recreational source for those who wish to swim, kayak, or fish in the lake. Sharon Scott, 482 W. Lake Samish Drive, stated she chose to make Lake Samish her home because of the quiet beauty. She and over 200 people recently attended a public meeting regarding the proposed public water plan for the area. The vast majority does not want a water system that is being paid for by one developer for his personal benefit. The majority of the current lake residents will not benefit from this plan. Realtors and developers may argue that they would benefit by having greater property values and an increased ability to sell their homes. However, that is not why they live there. They live there for the quality of life. Just because one developer has asked that public water be brought into the area, it doesn't mean their water district must do so. They are being forced to take a water system that they don't want and aren't allowed to vote on. Implementation of this plan will change the Lake Samish watershed forever. She didn't want to see the same types of problems that are currently plaguing Lake Whatcom, such as overflowing sewers, excessive stormwater runoff, and pollutants and reduced water quality, to occur at Lake Samish. Already she's experienced the runoff effects from limited land clearing. Her uphill neighbor cleared 13 acres, and the rainfall that would normally have been absorbed by those trees ran downhill. The runoff sprung up through new holes on her lot. It ran like a stream through her garage, and washed out part of her driveway. She was forced to spend over $6,000 for drainage on a very small lot. There isn't an inch of impervious surface on that 13 acres. When there are houses, roads, and driveways on that hillside, she may have to spend more while someone else profits. The Lake Samish area has its own microclimate. They get over 72 inches of rainfall annually, much more than Bellingham. The runoff problems at Lake Samish are going to be greater than those problems around Lake Whatcom. Lake Samish needs protection just as much as, if not more than, Lake Whatcom. This is a much smaller lake and more sensitive to disturbances in the watershed. She doesn't want to see development to urban densities in the rural area. Keep this lake from the same plight that has befallen Lake Whatcom. They should be included in any watershed development plan that the County Council considers. Whatcom County Council, 1/15/2002, Page 13 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. Jan Adams, resident, stated she is concerned about Lake Samish and Lake Whatcom. They should be tied together when considering planning. She supported the downzone for five reasons. 1.) They have a global water issue. Water is not an issue only in Whatcom County. Countries are importing water primarily from the United States. It is difficult to find good, potable water in other countries. It is a natural resource that they should take care of so they don't have to buy it. 2.) Global overpopulation is one of the larger environmental issues now. In ten years, it will double. This provides greater density on every piece of property. The concentration and growth happens primarily around these pretty bodies of water, without thinking about the pollution and degradation that occurs naturally. 3.) Recreational users, loggers, and boaters are a problem. People pollute. Consider the human factor, which often errs. 4.) The cost of the replacement of a natural resource, water, is extremely expensive. The cost of shipping something in is expensive. That burden is borne by the entire county, regardless of whether or not they benefit from the development profits from that lake. The entire county should step back and plan. This is a time for planning. Dennis Jones, 1487 Sudden Valley, welcomed the new councilmembers. There is a serious algae bloom at the mouth of Austin Creek at Lake Whatcom. He hypothesized that it was caused by the effluent nutrients that overflowed Austin Creek from Water District 10's interceptor tank from December 14 through December 17. Professionals from the State Department of Ecology and Huxley College are working on it. They will determine whether it was a serious algae bloom. It was the worst he's ever seen it in ten years. Also on December 17, the land acquisition tax for Water District 10 was decided by Judge Mura and failed. He trusted that some other vehicle could be found to fund a solution to a most obvious problem concerning deterioration of the lake and water quality, namely surface and stormwater drainage filtering improvements to the point where they will never again see a sewage overflow. He read from the Bellingham Herald about pollution prevention. A local improvement district could fund a stormwater improvement district. This could go from Sudden Valley to Tweed Twenty. That is one way to do it. The County Executive also suggested that Water District 10 take a good look at this approach. This could fund a level of improvement to a legitimate concern about the overflows. Dave Pros, 1466 Roy Road, welcomed the new councilmembers. He attended a meeting in November to hear about the Lake Samish Water Comprehensive Plan. However, the plan was read in silence. He asked for a copy, but one was not made available to him. He is not against the plan, but he would like to see it come about in an open, above -board type of meeting. When a meeting was held at the fire hall, over 200 people showed up. Only five people were in favor of the plan. The plan was bought and paid for by the developer. It is not necessarily in the best interest of the lake. It will be the biggest impact in the history of Lake Samish. Lake Samish will go from a small community of 600 people to a large community of 6,000 people. They need more time to sort this out. Whatcom County Council, 1/15/2002, Page 14 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 this sounds like an issue between the Water District and the Skagit County public utility district (PUD). She questioned whether the Whatcom County Council is involved in the decisions made by the water district. Pros stated the Lake Samish Water Comprehensive Plan has to be approved by the County Council at some point. Sylvia Goodwin, Planning Division Manager, stated she understood that the State Department of Health approves water comprehensive plans, and the county does not. Kathy Larsen, Puget Sound Energy Community Relations Manager, welcomed the new and returning councilmembers. She provided an update on the Lummi Island Cable Replacement Project. They are on the homestretch. She showed a section of the cable that will go across the channel. A barge is in Hale Passage right now. The contractor will begin laying the cable on Thursday. It will take about two days. By January 28, they will have completed all the work necessary to put all the Lummi Island customers over onto this new system. She thanked the County Council, County Executive, and others who allowed Puget Sound Energy to use the voice notification system through the Emergency Management Division. There will be an outage when they do this switch. They will notify all the residents on the island before the outage. Crawford asked the amount of voltage on the line. Larsen stated the cable is 34.5 kilovolts. Rita Foley, South Lake Whatcom, stated there is a $4 million fiasco called the Park Road Project. She warned everyone at the County and the Army Corps of Engineers against doing this project. She recommended raising the road up a bit, resurfacing the road, and put up a guardrail. The school buses should go slower than 60 miles per hour, which is the speed they drive on South Bay Drive. Everyone ignored her, and the project was permitted. Now, the new road is sinking. They've created swamps, and taken away the wetlands and marshlands that fed the diversion. The project is pumping a lot of sand and muck into the lake. There used to be nice, filtered water through the marshland and wetland, but now there are swamps. She questioned how this would be fixed. It can't be fixed. Stewart Mountain is an aquifer that drains all the time. It runs from east to west, past Bellingham, to the Mount Baker Highway. The brand new road has huge cracks and is sinking everywhere. Do not change the entrance to her road, because there is a creek running along there. PUBLIC HEARING 1. ORDINANCE ORDERING THE CLOSURE OF ALDERGROVE ROAD, FROM JACKSON ROAD TO 0.3 MILES EAST OF GULF ROAD, AND GULF ROAD (AKA POWDER PLANT ROAD), FROM LONSETH ROAD TO ALDERGROVE ROAD (AB2001 -442) Whatcom County Council, 1/15/2002, Page 15 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. Bruce Mills, Assistant Director of Engineering, gave a staff report and stated the Council approved the closure of two dead -end portions of Lonseth Road and Henry Road last fall. Since that time, the incidents and problems with dumping and shooting out there have virtually ceased. The refinery requested that portions of two other roads be closed to vehicular access for security. Their intention is to put gates at the intersection of Jackson Road and Aldergrove, on Gulf Road at Lonseth, and to put a guardhouse on Aldergrove Road just east of Gulf Road. The Public Works Department is in support of this request, which is for security reasons. This closure is not a permanent closure. It can be reconsidered for reopening in the future. The refinery will allow pedestrians and bicycles on these closed roads. They just want to eliminate the vehicular traffic. Brenner stated she was sent concerns from the public, and gave them to Mr. Mills for his review and comment after the public hearing. Crawford questioned whether they just closed a portion of Henry Road. Mills stated they did. Henry Road was closed west of Gulf Road. Crawford questioned whether it is everything west of Gulf Road. Mills stated that is correct. Crawford questioned whether a vehicle could theoretically drive a circle from Lonseth to Powder Plant to Henry to Kickerville. Those portions would remain open. Mills stated that is correct. There are no public areas that can't be accessed, but there will be some inconvenience. Nelson opened the public hearing and the following people spoke: Janice Schuch, 1411 W. Axton, Ferndale, stated she is opposed to the closure of Gulf Road beach access. Because Whatcom County is bordered by the Puget Sound to the west, people who don't own waterfront property only have five public access places to access this water. It is one of Whatcom County's major quality of life attractions. This action affects two access points to the beach. Gulf Road is a drive to the beach. Crawford stated they are not talking about closing the beach access. They are talking about a location to the north of the beach access. Mills explained the location of the closure to Ms. Schuch. Schuch gave directions to the public to access the beach. The area is near the salmon spawning grounds. There is a lot of wildlife. The Intalco and refinery piers are in the distance, so they don't interfere. It is her favorite place to take a sunset picnic dinner. Whatcom County Council, 1/15/2002, Page 16 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. Patrick Alesse, Birch Bay, stated he likes the idea of access being left open for people who are walking and biking. He would like to include horse riding. Hearing no one else, Nelson closed the public hearing. Brenner moved to adopt the ordinance. Caskey- Schreiber questioned whether horse and foot traffic would be allowed. Mike Abenhoff, BP Refinery, stated that would be fine. Their main goal was to restrict the vehicular traffic. Roy asked the definition of temporary. A guardhouse sounds pretty permanent. Abenhoff stated the closure would be reviewed annually. They've been advised by Homeland Security Chief Tom Ridge to take every precaution because the oil and refining industry is a target. They want to ensure the safety of their employees and neighbors. Fleetwood questioned whether anyone has expressed opposition to closing the road. Abenhoff stated not to his knowledge. Brenner stated she received an email correspondence, which she gave to Mr. Mills. Mills stated the email is from Mr. David Determan on Birch Bay Drive. He raises five reasons for the road to stay open. The first issue because of the Coast Millennium Trail, which is a proposed bike route through this area. Later in the correspondence, Mr. Determan acknowledges that the access will be left open to bikes. He brings up the question of who will sweep the sticks and storm debris from the roads when they're blocked. In the resolution, it says that BP Refinery will maintain the roads. Mr. Determan's second reason is traffic. He feels that, with 172 homes at Point Whitehorn, they travel to and from Ferndale. During the shift change, many of those residents avoid Grandview by using Aldergrove as a parallel route. However, Grandview is a much better road in terms of width, shoulder, and safety. That is where more traffic should be. Mr. Determan's third reason is emergency traffic. He feels that this will cause a longer response time to certain portions of the county. There will be a little bit longer response time to people in that area, although not to the refineries. Abenhoff stated they are planning to work with Fire District 7 to give them access to the gates. They will have keys or the refinery staff will open the gates. He doesn't expect emergency personnel to have to take an alternate route to emergencies. Whatcom County Council, 1/15/2002, Page 17 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. Mills stated Mr. Determan's fourth reason is because it appears that the two roads that have already been closed have fixed the garbage problem. He is not sure why Mr. Determan lists that point as a reason against closure. Mr. Determan's fifth reason is terrorism. He feels that a terrorist could come through as a contractor or guest to the plant, so the road closure will not have a significant effect. Roy questioned whether the fire district is aware of the proposal. Abenhoff stated they are. He's talked to the chief. Motion to adopt carried unanimously. 2. ORDINANCE IMPOSING A MORATORIUM ON APPLICATIONS FOR CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER TRANSMISSION LINES CARRYING 115,000 VOLTS EXCEPT IN THOSE DISTRICTS CLASSIFIED AS INDUSTRIAL (AB2001 -441) Caskey- Schreiber moved to amend the title of the ordinance, "Ordinance imposing a moratorium on applications for conditional and /or land use permits for electrical power transmission lines carrying of 115,000 volts or less, designed to carry 100 megawatts or greater loads, except in those districts classified as industrial or existing corridors for high - voltage electrical power transmission lines." Nelson opened the public hearing and the following people spoke: Darryl Ehlers, 2366 Halverstick, Lynden, stated the Council should close the loophole in the law regarding the high- tension power lines. Because Sumas Energy 2 failed to meet their bond with Canada, the chances of power lines going across the county could make it very likely if a plant was placed in Sumas. He is concerned about one line going past his place. He has a park with trees that are 100 years old. If the power lines had gone through, a large majority of that would be cut down for the sake of a power line. He has been running a labor camp for nearly 50 years. The power line would go right through the middle of the camp. The damage that power lines would do across the county is to lower property values and create a larger magnetic field. This will destroy the county. There are already corridors. Keep the lines in the corridors. Alan Wilhite, 3155 Sylvan Street, Bellingham, stated he endorsed the moratorium. From the earliest Energy Facility Site Evaluation Council (EFSEC) meetings, a point was made that the flow of power from Canada through the United States required Sumas Energy 2 to place two different power grids, one to the Bellingham substation and one to the Custer substation. They even defined how the power would be fed so there would not be a loop back through Sumas. This point disappeared as though it was not important. It was important enough for the State of Washington to put it in their original proposal. He encouraged the Council Whatcom County Council, 1/15/2002, Page 18 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. to adopt the moratorium until this matter can be looked into and people are assured that the proper matters have been considered. Andy Swain, Puget Sound Energy Land Use Planner, Bellevue, stated he also serves on the Whatcom County Utilities Planning and Advisory Committee. The County Council dealt with this last year. (Clerk's Note: End of tape one, side B.) Swain continued to state that there was much discussion before by one or two Council committees. Some of the discussion was technical. They also discussed the facilities in the county and why they are the way they are. Conditions have not changed. There are no plans or proposals for lines in Whatcom County that Puget Sound Energy is aware of. The Sumas Energy 2 proposal deleted all mentioned of any lines coming through the county. Their proposal is only to go north into Canada if they can make that work. Transmission lines are a land use issue in this County, and are a conditional use. That conditional use process is a public process with thorough review. There is a lot of opportunity for public comment. He is not sure what would be gained by a moratorium. Power transmission line applications must go through the conditional use process. As the local electric utility service provider, Puget Sound Energy provides an essential service to the community. As a general rule, they are concerned about moratoria such as these. It could, if prolonged, affect Puget Sound Energy's ability to provide service and respond to changing conditions to meet the needs of customers in Whatcom County. A moratorium is not necessary at this time. If the Council and other have concerns about these issues, there are mechanisms already in place to address them. If the Council decides that a moratorium is appropriate, then consider an appropriate exemption so Puget Sound Energy can provide whatever local services is needed to the residents of Whatcom County. Marion Beddill, 3600 Seeley Street, Bellingham spoke in favor of the moratorium. It is a proper and suitable process to carry forward proper planning with caution and considerations for the significant impact that this kind of a line will have on the region. Once Sumas Energy 2 is turned down in Canada, they will try again in the United States. This consideration for proper planning and care for the community is justified. Connie Hoag, 2633 Halverstick Road, Lynden, welcomed the new and returning councilmembers, and said she appreciated the time they take to serve. She quoted Thomas Jefferson, "The role of government is to protect the individual from the greed and abuse of others." She asked the councilmembers to adhere to that as they govern. Mr. Swain stated the Council didn't see fit to pass this moratorium after it dealt with this issue a couple of times last year. That is not accurate. At the time, the Public Utility District (PUD) came forward looking to Whatcom County Council, 1/15/2002, Page 19 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. serve Bellingham Cold Storage and Georgia- Pacific. The PUD was afraid the moratorium would hinder their plan. Actually, it was a 63- megawatt line, and the Council was worried about things that were over 100 megawatts, so it wouldn't have applied. Because of that, it was held up, but not for lack of support. The people overwhelmingly approved the Neighbors Opposed to Power Encroachment (NOPE) initiative. It expressed the will of the people that high -power transmission lines stay within existing corridors, and that new corridors not be created for high -power transmission lines. However, when that was created, they never anticipated that someone would deliberately engineer a line badly in order to get around the will of the people. There is a loophole that exists in the ordinance that was created in response to that initiative. The loophole needs to be closed. Last year, there were public hearings and committee meetings on this issue. She asked that the discussions held by the County Council last year be included by reference into the public record for this. This subject came up because of the Sumas Energy 2 proposal. However, anyone could deliberately mis- engineer around the will of the people. It needs to be fixed as soon as possible. The proposed routes for the power lines total 48 miles of lines. It would impact the revenue to Whatcom County by reducing property values. Caskey - Schreiber moved to allow Ms. Hoag more time to speak, since she drafted the original ordinance. (Clerk's Note: The motion was not voted on, however the Council allowed Ms. Hoag to continue speaking.) Hoag stated the proposed route would put these high -power lines in the middle of her front lawn. The poles are proposed to be 70 to 90 feet high. In her area, there are new poles that run from Sumas Energy 1. They go right past Nooksack High School. Last year, six of those poles came down due to bad winds. This year, there have been four power- outages where she lived because of the winds in December. It is a bad place to put high -power lines. There is a suggestion to amend this proposal. Adding the language, "... or existing corridors for high - voltage electrical power transmission lines" will undo the moratorium. She proposed the moratorium on 115 kV lines is because they are proposing to run these lines where there is now 115 kV now, but with much more amperage. Unless they define what they mean by the corridor, any application can be submitted where there is a 115 kV line. Caskey- Schreiber stated she specified that the corridors have to be corridors for high - voltage electrical power transmission lines, which she interpreted to be 230 kV. Whatcom County Council, 1/15/2002, Page 20 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. Hoag stated that if they keep the language, they should specify 230 kV, rather than just saying "high- voltage." Crawford stated he believed the Council approved a moratorium to allow the Utilities Committee to come up with corridors. Hoag stated that was only on the gas pipelines. Regarding the electrical lines, she brought the issue forward. Because she is married to a Puget Sound Energy employee, the PUD thought she was trying to pull a fast one. Crawford questioned whether there is currently a moratorium on this. Hoag stated there is not. On this, it is not a matter of establishing corridors. The people have already said where they want the corridors. In defining what a high -power transmission line is, the people said it is 115 kV or greater because they didn't use 115 kV or less for transmission. It was only used for distribution. This is being intentionally mis- engineered for transmission. Caskey- Schreiber asked if there are any existing lines in the county that carry greater than 100 megawatts, and how many. Hoag stated there are two lines. They are both connections from power plants to the grid. One is from the Sumas Energy 1 plant to the grid. Another is from Point Whitehorn. Caskey- Schreiber questioned whether those lines run along the high -power transmission corridors. Hoag stated those two are barely over 100 megawatts. Most of the lines in the county are 50 or 60 megawatts, maximum, on a 115 kV line. Those are existing lines, so it would not affect those. Sumas Energy 2 proposed to put 330 megawatts on a 115 kV line. That is unheard of in the engineering world. It amplifies all the bad effects. The electrical magnetic fields are larger. The heat resistance is larger. The loss is more, and the noise is greater. There is interference with cellular phones that is worse. Crawford stated he understood that a moratorium is temporary in nature. He questioned what they are accomplishing with a moratorium that is temporary. Hoag stated the moratorium is temporary to allow the County Council to fix the language, and so they don't get any applications for a bad line in the meantime. Mike Kaufman, Huntley Road, stated he supports the moratorium. As one of the architects of the original language on the electric issue, the kilovolts was not used. The Utility Committee needs an opportunity to work on this and strengthen the initiative. Nelson questioned the technical specifics of the current corridors. Kaufman stated the committee has not worked with the electric issue, only the pipelines. It is a difficult question. Bo Bumford, 8523 Paradise Valley Road, Sumas, stated the Council should enact a moratorium on any new transmission lines carrying 115 kV in the county. The county's natural state is easy pickings for developers of all kinds. The people Whatcom County Council, 1/15/2002, Page 21 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. here desire to see the area remain unspoiled. Objectives and goals in the Comprehensive Plan point to preservation of the natural beauty of the county and a balanced approach to growth to maintain these attributes. This document is the County's bible. Be consistent with and reflective of this plan. The moratorium follows the direction of the Comprehensive Plan, and will allow the community to further study and identify the need for any new power line corridors. The moratorium will allow them to fashion language that will place the citizens of the community in control of their future. They are at a crossroads. They can act to preserve the quality of living or allow development and growth to adversely change that very level of quality. Be proactive to encourage everyone to become involved in shaping their destinies. This moratorium will be helpful and constructive in assuring that they have adequate protective laws in place when power line proponents come forward. Present at this meeting is the top executive of NESCO. NESCO has denied plans for any power lines in Whatcom County. Additionally, the representative of Puget Power states that no plans exist to upgrade power lines, but he is against the suggestion to review the transmission issue through the process of a moratorium. David Davidson, Sumas City Administrator, stated Sumas and Blaine are municipal electric utilities. They, along with Puget Sound Energy and the PUD, are the electrical purveyors in the county. The moratorium is really aimed at one power plant proposal. In this instance, there is an unintended consequence. A proposal by the PUD to provide power to Bellingham Cold Storage was caught in the net, according to Ms. Hoag, of this kind of moratorium at an earlier point. That was an unintended consequence. Lines of 115 kV are commonplace in the county. At this moment, Puget Sound Energy has an application before the Federal Energy Regulatory Commission (FERC) to reclassify all 115 kV in the state as distribution lines, and not be considered transmission lines. The industry considers lines of 230 kV and higher as being transmission -level lines. There have been numerous workshops that discussed the effects of more current and voltage. He is concerned that the new Council does not have adequate information before casting its vote. Anything above 55,000 volts is not exempt from the State Environmental Protection Act (SEPA) and would go through a SEPA review to address concerns. Anything related to Sumas Energy 2 would be a conditional use or a major project. Either of those two paths comes back to roost with the County Council. Dirk Petty, 1376 Van Wyck Road, stated he was one of the core group members of NOPE, which established Initiative 490. It was approved by a 2/3 majority. The Department of Energy was called in because it crossed international borders. At that time, it was the largest hearing the Department of Energy had ever held. There is a lot of concern about this. He spoke in favor of the moratorium. The reason they address issues like this is because the pipeline comes down from Canada and feeds the power plants. The power use is to the south of the county. Whatcom County is intermediate in the geography that could make this occur. The power use is to the south. The resource is to the north. It is elementary that Whatcom County is in- between, and is addressing this issue like Whatcom County Council, 1/15/2002, Page 22 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 many people are not. A recent Japanese study is an important study. An expert 2 strongly urged a moratorium on power lines because of the health affects that are 3 caused by them. It is important that power lines be centrally located in corridors to 4 establish this power moving process. They don't want power lines strung 5 everywhere across the county. This is not for local distribution. It is for 6 transmission. It is moving power through the county. 7 8 The electromagnetic fields at times are enormous because the lines leak. He 9 measures these fields as a service to the public. When people are unduly exposed, 10 they have some way to show that they are exposed. Vote for the moratorium so 11 they can sort out the problems that are ahead of them. 12 13 Candice Ambrosio, 1712 High Noon Road, stated she supports the 14 moratorium. She was also involved in the initiative. The people in this county are 15 very concerned about what power lines do and the health affects that they have. 16 At those initiative hearings, people came out of the woodwork to talk about 17 incidents that they've had in their families and in situations. The will of the people 18 is to be concerned about high - voltage power lines. The ordinance needs to be 19 strengthened. In order to do that, a moratorium should be approved. 20 21 Marlene Noteboom, 8000 Thiel Road, Lynden, stated she supports the 22 moratorium to strengthen the ordinance that was voted on ten years ago by an 23 overwhelming majority. Ten years ago, the citizens involved in this group never 24 dreamed of the energy - related problems that they face today. The existing 25 ordinance restricts new transmission lines to 115 kV, except in existing or industrial 26 corridors. However, today's conditions necessitate strengthening the ordinance 27 with a designation for acceptable loads or amperage. Her concerns range from 28 electromagnetic fields causing health issues, to decreased property values causing 29 economic concerns. She submitted quotes about electromagnetic fields for the 30 public record. People who choose to avoid unnecessary risks from electromagnetic 31 fields (EMF) will choose to reside in areas that avoid the possibility, thereby 32 affecting property values and the ability to sell those properties. That is a county 33 economic concern. Those in the dairy industry have good reason for wanting 34 amperage loads limited within this ordinance. Stray voltage is a term that most 35 dairy farmers do not want to become familiar with. As electricity travels through 36 lines, some of it never reaches its destination and is lost in the ground. This lost 37 electrical energy attempts to find its way back to the utility substation. That lost 38 electricity unfortunately finds its way into barns, where animals that have direct 39 contact with wet concrete experience tingling sensations with as little as half a volt. 40 Most people don't experience this because they usually have rubber boots on. 41 These sensations lead to decreased milk production as a result of animals not 42 drinking or eating. Mastitis or a bacterial infection of the udder is also a common 43 result. There is a resulting loss for the farmers within a week. There is an overall 44 economic impact in a large agricultural area. The appellate courts in Wisconsin 45 upheld claims against utilities for stray voltage for more than 16 years. Damage to 46 farms and herds is a real possibility, particularly if they allow large loads of Whatcom County Council, 1/15/2002, Page 23 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. electricity through these lines. Don't put the pressure of a fire house in a garden hose. Puget Sound Energy is asking FERC to reclassify 115 kV lines to distribution lines statewide. That is all the more reason to approve the moratorium. Richard Gilda, Jensen Road, Bellingham, questioned who would benefit from a power moratorium. He also questioned whether his power rates would go up if they can't get new lines. Some enterprising company may buy all the rights -of- ways, and rent them out. He questioned whether they would rather have a bunch of little transmission lines, or one large transmission line. He asked that someone answer his questions. Nelson stated that is why they want a moratorium. Holly Siano, 4209 Nordum Road, Everson, stated she is a lifelong resident of Whatcom County, with two children. She supports the moratorium. It is a very good idea. Hearing no one else, Nelson closed the public hearing. (Clerk's Note: The County Council took a break at 9:17 p.m.) Brenner moved to adopt with an amended title to the ordinance, "Ordinance imposing a moratorium on applications for conditional and /or land use permits for electrical power transmission lines carrying of 115,000 volts or less, designed to carry 100 megawatts or greater loads, except in those districts classified as industrial or existing corridors for high - voltage electrical power transmission lines." Sylvia Goodwin, Planning Division Manager, stated she is concerned about staffing the committee. If the Council adopts the moratorium for six months, it adds to the other projects the Planning Division has that are almost all under a six - month timeline. She submitted a document showing the major high - priority projects they are working on, but it does not include all of the projects they are working on. Many of the projects have six -month deadlines, including the Lake Whatcom moratorium. There is a possible Lake Samish moratorium. There is a State growth management deadline that will have consequences if the County doesn't comply. There are many other deadlines that have been imposed by the County Council, or State agencies that the Planning Division has to comply with. The Planning Division has two senior planners and three other planners in addition to her. That is not enough staff to deal with all the issues. Get an additional staff person, extend some of the deadlines, change priorities, or hire consultants. She asked the Council to postpone this decision for two weeks, and put it into committee. At committee, look at the Comprehensive Plan applications that are coming forward. Fifteen new Comprehensive Plan amendments are coming at the next meeting. Some of them are major, including the Lake Samish downzone and an expansion of the Bellingham Urban Growth Area out to Smith Road. There are Whatcom County Council, 1/15/2002, Page 24 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. four mineral resource applications, and quite a few others. Look at the big picture and see how they are going to staff this before they commit to a six -month moratorium. It may have to stretch out for a year or longer, given the staff requirement. Nelson questioned whether the Planning Division currently staffs the Council's Planning and Development Committee. Goodwin stated the Comprehensive Plan items would be split between the Council's Planning and Development Committee and the Natural Resources Committee. There is always Planning Division staff at those meetings. Nelson stated they are looking at getting the ordinance tightened up to deal with some of the concerns with new developments and how loads are done, as well as placement, location, and identification of corridors. He asked why the Council's Planning and Development Committee couldn't do that. Goodwin stated they could. The pipeline issue may have been more complex, and the committee met twice a month or more over a year. She didn't know whether the Planning and Development Committee would have time, on top of the other workload. There are many citizens with opinions and expertise that were appointed to the Utility Advisory Committee who might be appropriate to look at the issue. Even if the Council's Planning and Development Committee looked at the issue, they would still need Planning Division staff resources and research. It is a complex issue. Nelson questioned whether these are policy decisions that the Council would make. Goodwin stated they are, but the Council will want technical information to support its decisions. Brenner stated she agreed with Ms. Goodwin, but it doesn't need the Council to postpone this for two weeks. They need to move it along and get moving. Moratoriums put things high on the priority list. It is a great idea to prioritize the projects. Schedule the priority discussion in committee. She understood they could only pass a moratorium for six months, and then extend it twice. The Council may not get done in six months. If they don't, they don't. It is important to have it in place now when the utility companies and other say they don't have anything planned, rather than waiting until they do have something planned and it becomes too late to put something in place. McShane stated he had a conversation with the administration. He agreed to go over this list at the next Council Planning and Development Committee. He also suggested, and the administration concurred, that this should go to the Finance Committee once the Planning and Development Committee looks at it. There could be financial implications for the County. He will bring it forward. The Council will look at this in committee, and they will look at the financial impacts. Nelson stated this is a critical issue, and he would like to support it. He is uncomfortable with what they are adding. There are many issues coming up. They don't have any power lines proposed, although there are concerns about Sumas Whatcom County Council, 1/15/2002, Page 25 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 Energy 2. He would like to see that something gets done. He doesn't think they 2 can get it done in six months. If they work on it in committee, they would have 3 assistance from the public and experts that testify. He questioned whether there 4 are cost impacts even if the Planning and Development Committee works on the 5 issue. Goodwin stated that unless there is someone on the Council that has the 6 expertise on these issues, the Council is still going to need advise and research. 7 These are complex technical issues. 8 9 Brenner stated it is not so complex because they've been through this a lot. 10 They are not trying to reinvent anything. The information is already there. The 11 Council will either decide to do it or not. The issues are clear about existing 12 corridors or creating new corridors. That is the bottom line. 13 14 Nelson questioned whether existing corridors have been identified. Goodwin 15 stated there is a map in the Comprehensive Plan showing where there are existing 16 lines. There are not established, existing, designated corridors. 17 18 Brenner stated there are existing lines that are established. That is what she 19 calls corridors. 20 21 Nelson restated the motion to adopt the ordinance with the amendment to 22 the title of the ordinance, "Ordinance imposing a moratorium on applications for 23 conditional and /or land use permits for electrical power transmission lines earrying 24 of 115,000 volts or less, designed to carry 100 megawatts or greater loads, except 25 in those districts classified as industrial or existing corridors for high - voltage 26 electrical power transmission lines." He asked Caskey- Schreiber to strike his 27 suggestion to add the language, "...or existing corridors for high - voltage electrical 28 power transmission lines" because his questions have been answered. They don't 29 have existing corridors identified. He has a concern because of the load they are 30 already implementing and whether or not this is critical to have an effect. He has 31 not seen a proposal brought forward. This can be done as an emergency at any 32 time. 33 34 Caskey- Schreiber agreed, and stated she wanted to move forward with the 35 moratorium, because the Energy Facility Site Evaluation Council (EFSEC) can rule in 36 a month or so. The Council will reflect the will of the people. They need to act on 37 it. It has been pending for some time. It closes a loophole in an already- existing 38 ordinance. They are going to work hard to amend that ordinance to reflect this 39 change. If they don't get it done in six months, they will extend it. It is better to 40 play it safe with high -power transmission lines. 41 42 (Clerk's Note: End of tape two, side A.) 43 44 Caskey- Schreiber continued to state that they have negative effects on 45 property values. They need to protect the citizens of the county. 46 Whatcom County Council, 1/15/2002, Page 26 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 there are not any unintended consequences from this moratorium. It did not create any unintended consequences when they considered it before. It wasn't a problem because they were under the limit. There isn't any mechanism through State Environmental Protection Act (SEPA) review and the conditional use process to say no. She didn't know if power rates would go up if there are no new lines. Peoples' health is what they are concerned about. She is not as concerned about property values as she is about peoples ' health. The only reason property values go down is because peoples' health is affected. If her power rates go up because of it, so be it. The power companies had better prove that there is a reason for power rates to go up. If she has to sacrifice one for the other, she is not willing to give up peoples' health to keep her power rates down. Nelson questioned whether the moratorium has an effect on the EFSEC decisions to approve power lines. Goodwin stated that if a project is being reviewed by EFSEC, it is exempt from County regulations, including moratoriums. If the project is associated with the Sumas Energy 2 project, which is already an EFSEC project, than any regulations written after the fact wouldn't affect a pre- existing application. Brenner stated the County can intervene. Goodwin stated they can, but the regulations didn't exist at the time the project came in. Dave Grant, Senior Civil Deputy Prosecutor, stated this is not a part of the Sumas Energy 2 application. Nelson stated it is not even being considered by EFSEC at this time. Grant stated that is correct. Nelson stated there is no power line corridor being proposed that has the citizens concerned. Brenner stated not that they know of. Grant stated the EFSEC Council made it clear during the course of their hearings that the lines for that project are routed through Sumas. There is no aspect of the application itself that touches on lines going through Whatcom County. Nelson stated if the concern is Sumas Energy 2, they would have to come forward with a proposal. Grant stated that is correct. Nelson stated they have none at this time. Grant stated that is correct. Nelson questioned whether they could still approve an emergency moratorium if the County is concerned about additional lines, which EFSEC would Whatcom County Council, 1/15/2002, Page 27 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. not have the ability to stop. He doesn't want to see the lines coming through Whatcom County. That's what he's hearing the public say. He questioned whether Sumas Energy 2 would have to put in a line through Whatcom County if they cannot get the northern route. Grant stated they could do that. Nelson stated if they do, they would have to submit an application, which would not yet have approval, and which would have to go through the County. Grant stated they would not necessarily have to go through the County. Goodwin stated that it doesn't go through the County and would be exempt if it goes through EFSEC. Grant stated it could also go through the Federal Energy Regulatory Commission (FERC). Nelson questioned whether it's true that this moratorium does not have any impact on what Sumas Energy 2 does. Brenner stated that is not true. Grant stated EFSEC would look to the County for some input on the situation. The County is not totally without any influence. The County could intervene. He suspected that EFSEC would come to the County as an affected jurisdiction to seek out the County's position. In respect to the impact of this moratorium on that particular application, EFSEC or FERC jurisdiction would supercede the County's jurisdiction. If FERC wanted to permit it, it would happen. Brenner stated she agreed with Mr. Grant. They don't want to wait to do a moratorium when someone is putting something in. They could easily get vested. Now is the time to do it before anything like that happens. Caskey- Schreiber stated she would also add her proposed amendment to Section 1A, on the advice of the Council's attorney. Nelson restated the amendment to amend language in the title of the ordinance and in Section 1A, "Ordinance imposing a moratorium on applications for conditional and /or land use permits for electrical power transmission lines carrying of 115,000 volts or less, designed to carry 100 megawatts or greater loads, except in those districts classified as industrial." Motion to amend carried 5 -1 -1 with Crawford opposed and McShane abstaining. McShane stated that if there is a change in the application of Sumas Energy 2, and this moratorium is directly related to it, then he doesn't want to take a position at this time. Whatcom County Council, 1/15/2002, Page 28 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. Motion to adopt the ordinance as amended carried 4 -2 -1 with Nelson and Crawford opposed and McShane abstaining. 3. RESOLUTION TO SURPLUS COUNTY OWNED PROPERTY, REQUEST NO. 05 -01 (AB2001 -380A) Roger DeSpain, Parks and Recreation Director, gave a staff report and stated he received a letter from Mr. Gary Graham about two years ago. Mr. Graham has had difficulty with his drain field. To meet Health Department requirements, he had to find a way to remedy the situation. He owns a business and a restaurant at the location. This parcel is in Glacier, and part of the County's railroad right -of -way. Mr. Graham's property is sandwiched between the Mount Baker Highway to the north, and the County Parks railroad right -of -way to the south. His buildings and businesses were actually part of the train station years ago. At this location, the County has a railroad right -of -way that is 200 feet wide. The request is to purchase a portion that is 50 feet wide and 200 feet long strip of land that would help him with his drain field situation. It would create a lot line adjustment. This would not impact the trail corridor. They would still be able to accomplish the trail. The benefit to the County, if any, is that there would be a restaurant along the trail. It would be enjoyable for the trail users and travelers along the Mount Baker Highway. He hoped that, by allowing this to happen, it will increase the economy in Glacier by allowing another business to become established. There are two conditions that the Council placed on this land. One condition is that Mr. Graham pay for the appraisal. Another condition is that the parcel could not be sold separately. He has on file the original letter from Mr. Graham requesting the land and indicating his willingness to purchase at the appraised price. The file also includes a copy of the appraisal. The surplus sale did go through the Property Management Committee, with a recommendation for sale. Nelson opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to approve. Motion carried unanimously. 4. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO. 07 -01 (AB2001 -428A) Dewey Desler, Deputy Administrator, gave a staff report and stated the proposal authorizes the County to sell tax title property at public auction. It consists of property from the Mount Baker Rim Community Club. The proposed minimum price is $916.14 to cover costs. The applicant for this is the community Whatcom County Council, 1/15/2002, Page 29 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. club. The second parcel has to do with a piece of property at Glenhaven Lakes. The proposed minimum bid for public auction is recommended at $602.38. Nelson opened the public hearing and the following people spoke: Bob Hungershafer, Mount Baker Community Club Board member and Treasurer, stated this is a bookkeeping measure to clear the property off the County books as well as their own ledgers. At that price, however, they won't bid on it. It is half of a lot that has been sitting there since day one. It cannot perk, and is not of any use. They just wanted to make it a zero value, clear it off, and get rid of it. Nelson asked what happens if no one purchases the property. Desler stated it will stay in the inventory of the County, and can come back to the County Council with the recommendation following further review. The Property Management Committee could recommend a different approach. It is appropriate to take it through negotiation under these circumstances. Brenner asked if the Council has the right to amend the minimum bid. She didn't want to see the County waste a lot of time for this small amount of money. Nelson stated he preferred to go through the process. If it doesn't sell, they could come back and change the prices. Brenner stated she preferred to amend it. Dave Grant, Senior Civil Deputy Prosecutor, advised the Council to vote on what is before them now. They've spent a lot of time trying to put together an appropriate way to handle this. Hearing no one else, Nelson closed the public hearing. Brenner moved to approve the resolution. Brenner moved to amend the minimum bid to $1.00. They've done that before. The point is that if anyone wants to pay more, they will. If they don't want to, they won't. Putting that price on it will guarantee that it will come back. Nelson asked why they should do it this way. If the property doesn't sell at auction, they will do the same thing anyway. Grant stated the ordinance requires them to set a minimum bid. If this is tax title property, the County is obligated to attempt to recoup its taxes. Brenner questioned why the title lists out the different types of mineral rights. Grant stated this is what the committee wanted. (Clerk's Note: This item was continued below.) Whatcom County Council, 1/15/2002, Page 30 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. S. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO. 08 -01 (AB2001 -429A) Dewey Desler, Deputy Administrator, gave a staff report and stated the Property Management Committee recommends selling this property by negotiation. That is only allowed when they have unbuildable lots or a transfer to a municipal organization. The lot is unbuildable due to lack of water. The minimum bid recommended is $648.66. Nelson opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to approve the resolution. She questioned whether this is a buildable lot. Desler stated it is not. Brenner stated that what they really want is for someone around it to absorb it. Desler stated that is what is proposed. Brenner questioned the reason for the minimum bid. Desler stated that is the total owed of taxes, interest, penalties, title search, and foreclosure cost. Brenner stated the County will keep losing money if it keeps the property. She moved to amend the minimum bid to $1.00. Nelson stated the County incurs costs. Their responsibility is to at least try to recover its cost. They should at least try to recoup the County's cost during the first attempt at auction. Brenner stated time is money. There is a cost in going through the process twice. Desler stated the administration proposes to conduct the sale by negotiation rather than auction. Brenner withdrew her amendment. She questioned whether the administration would rather not have a minimum bid, so it can negotiate. Desler stated the administration's desire is to sell the property for $648.66 or more. Brenner questioned whether the Council is taking away the administration's negotiating ability by setting the minimum bid at that amount. Desler stated they are not. Motion carried unanimously. 4. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO. 07 -01 (AB2001 -428A) (Clerk's Note: Continued from above.) Whatcom County Council, 1/15/2002, Page 31 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. Grant stated the status of this parcel would allow them to monkey around with the price as Councilmember Brenner proposed. However, he would still suggest that they opt not to do that since the committee has put together the costs associated with this. That figure would represent the monies that they would want to recoup. However, they can adjust the minimum bid. Brenner stated they keep talking about how they have no time, and time is money. Staff is busy. Everyone is busy. They'll get what they get out of it. It doesn't sound like it is worth much of anything. She restated her motion to designate a minimum bid of $1.00. Motion to amend failed 2 -5 with Caskey- Schreiber and Brenner in favor. Motion to approve carried unanimously. 6. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO. 09 -01 (AB2001 -430A) Dewey Desler, Deputy Administrator, gave a staff report and stated these two pieces of property are in the Pine and Cedar Lakes area of Chuckanut Mountain. There is no access to the parcels. The Parks Department would like to retain the parcels, because other County Park Department land surrounds them. The administration proposes that the County transfer the property by negotiation with the minimum price of $70.01 for one parcel and $1,003.43 for the second parcel. The two parcels would total $1,073.44. Nelson opened the public hearing and, hearing no one, closed the public hearing. Brenner moved approval. Motion carried unanimously. CONSENT AGENDA Nelson moved to approve Consent Agenda items one through twenty -four. Brenner withdrew item twenty. Roy withdrew item twenty- three. Nelson withdrew item seven. Motion to approve Consent Agenda items one through six, eight through nineteen, twenty -one, twenty -two, and twenty -four carried unanimously. Whatcom County Council, 1/15/2002, Page 32 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. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE AWARD OF BID NUMBER 01 -144 TO THE ALL RESPONSIVE BIDDERS FOR THE ANNUAL SUPPLY OF RIP -RAP ROCK TO BE USED AS NEEDED IN VARIOUS COUNTY ROAD MAINTENANCE PROJECTS, IN THE ANTICIPATED AMOUNT OF MORE THAN $35,000 (AB2002 -024) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID NUMBER 01 -145 TO ALL RESPONSIVE BIDDERS FOR THE ANNUAL SUPPLY OF MINERAL AGGREGATES AS NEEDED IN VARIOUS COUNTY ROAD MAINTENANCE PROJECTS, AND SELECT THE APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN AMOUNT THAT IS ANTICIPATED TO BE MORE THAN $35,000 (AB2002 -025) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY AND EDGE ANALYTICAL SERVICES TO PROVIDE TESTING SERVICES BY A QUALIFIED ANALYTICAL LABORATORY TO SUPPORT A VARIETY OF PROGRAMS AND STUDIES IN THE ENVIRONMENTAL HEALTH DIVISION IN THE AMOUNT OF $25,000 (AB2002 -026) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERDEPARTMENTAL AGREEMENT BETWEEN WHATCOM COUNTY SHERIFF AND WHATCOM COUNTY PUBLIC WORKS TO PROVIDE PUBLIC WORKS WITH AN OFFENDER WORK CREW TO PERFORM THE WORK REQUIRED FOR OBTAINING THE CENTENNIAL GRANT, PROVIDING FOR ESTABLISHING AND MAINTAINING SALMON HABITAT IN WHATCOM COUNTY FOR AN ANNUAL EXPENDITURE IN THE AMOUNT OF $69,000 PER YEAR FOR TWO YEARS (AB2002 -027) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE CAMBIE GROUP TO PROVIDE EVALUATION SERVICES FOR THE LAW & JUSTICE COUNCIL PROJECTS IN THE AMOUNT OF $20,000 (AB2002- 028) 6. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY TAX REFUNDS (AB2002 -029) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND THE DISPUTE RESOLUTION CENTER FOR UNDIFFERENTIATED SERVICES IN THE AMOUNT OF $40,000 (AB2002 -030) Whatcom County Council, 1/15/2002, Page 33 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. Nelson moved to refer this item to the Finance Committee. He has questions about whether the County can do this type of service or if the public sector should do this type of service. He would like to get information from the administration, such as how many cases they are processing and who is currently available in the community to do the same service. He would also like a short presentation on the program that the Dispute Resolution Center for the County's $40,000. Dewey Desler, Deputy Administrator, stated the administration would be pleased to provide that information to the Finance Committee. Motion carried unanimously. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT, AND MCLEAN, ET AL FOR LEGAL REPRESENTATION OF INDIGENT PARENTS IN JUVENILE DEPENDENCIES CONFLICT WITH THE PUBLIC DEFENDER IN THE AMOUNT OF CONSIDERATIONS AS SET FORTH IN EXHIBIT '"B" (AB2002 -031) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND PAGE, ET AL FOR CRIMINAL INDIGENT DEFENSE IN THE AMOUNT OF CONSIDERATIONS AS SET FORTH IN EXHIBIT '"B" (AB2002 -032) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND MCGREEVY, ET AL FOR CRIMINAL INDIGENT DEFENSE IN THE AMOUNT OF CONSIDERATIONS AS SET FORTH IN EXHIBIT '"B" (AB2002 -033) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR COURT AND ZANOTELLI, ET AL FOR CRIMINAL INDIGENT DEFENSE IN THE AMOUNT OF CONSIDERATIONS AS SET FORTH IN EXHIBIT "B" (AB2002 -034) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM WHATCOM CHAMBER OF COMMERCE & INDUSTRY FOR SUPPORT FOR THE MARKETING AND PROMOTION OF THE ANNUAL SKI TO SEA FESTIVAL IN THE AMOUNT OF $25,000 (AB2002 -035) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM VOLUNTEER CENTER FOR PARTIAL FUNDING OF VOLUNTEER SERVICES UPON REQUEST OF THE COUNTY, IN THE Whatcom County Council, 1/15/2002, Page 34 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. AMOUNT OF $35,000 (AB2002 -036) 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM WHATCOM COUNTY CONVENTION AND VISITORS BUREAU FOR PROVIDING VISITOR INFORMATION SERVICES AND TOURISM DEVELOPMENT IN THE AMOUNT OF $75,000 (AB2002 -037) 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND DSHS — PASSPORT PROGRAM FOR FUNDING PUBLIC HEALTH NURSING SERVICES TO ASSESS HEALTH INFORMATION ON CHILDREN IN FOSTER CARE, IN THE AMENDED AMOUNT OF $38,366 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $149,355 (AB2002 -038) 16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A PROGRAM AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND DSHS FOR SERVICES FOR DEVELOPMENTAL DISABILITY PROGRAMS IN THE AMOUNT OF $3,279,227 (AB2002- 039) 17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE STATE DEPARTMENT OF HEALTH — CONSOLIDATED CONTRACT FOR DELIVERY OF PUBLIC HEALTH SERVICES IN THE AMENDED AMOUNT OF $849,067 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $1,725,130 (AB2002 -040) 18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND WASHINGTON INITIATIVE FOR SUPPORTED EMPLOYMENT (WISE) TO EXTEND ORIGINAL CONTRACT 12 MONTHS IN THE AMENDED AMOUNT OF $25,000 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $55,000 (AB2002 -041) 19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE WHATCOM COALITION FOR HEALTH COMMUNITIES TO PROVIDE FUNDING TO SUPPORT COMMUNITY IMPROVEMENT INITIATIVES FOLLOWING THE PUBLIC HEALTH IMPROVEMENT PLAN DIRECTIVE, IN THE AMOUNT OF $40,000 (AB2002 -042) 20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDED PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST CARE ADVOCATES TO Whatcom County Council, 1/15/2002, Page 35 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. COORDINATE MENTAL HEALTH SERVICES IN DETENTION IN THE AMENDED AMOUNT OF $18,500 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $55,500 (AB2002 -043) Brenner stated she supported this item. The paperwork says that the $18,500 will be taken out of the general fund. She recalled that the Council added $7,500 from the general fund. The rest of it was already in the budget for that department. They should not take out over $10,000 more from the general fund. Mr. Paus had testified that the money was budgeted in the department already. She moved to approve the contracted amount, but $7,500 would come out of the general fund and the rest out of the Juvenile Administration Department. Dewey Desler, Deputy Administrator, stated it is all in the general fund. It was pointed out that they are both part of the general fund. Nelson stated the motion has no net effect to the request. It still all comes out of the current expense fund. Brenner stated they've had that money sitting there since the year 2000. Desler stated these two programs carry out the intent that the Council tried to install in the middle of November. Brenner agreed. They budgeted $7,500 from the general fund. Mr. Paus had said that the rest of the money was in his department. He's had it since the year 2000. Nelson stated the Council couldn't vote on it without a specific fund source. Nelson stated that the only way to accomplish what Councilmember Brenner is asking is to reduce the amount by $7,500. Brenner stated that this would be paid for in the amount of $18,000, with $7,500 coming from the general fund and the rest coming from the existing department budget. Desler stated the County appropriates one lump sum to the Juvenile Services Department. They are proposing to expend monies for a contract. Those monies would come from the total lump sum that is in the Juvenile Services Department budget. Brenner withdrew her motion. She is upset over the way this thing was handled. Her time over the holiday vacation was wasted because someone tried to subvert her intent. Motion carried unanimously. 21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDED PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND NORTHWEST CARE ADVOCATES TO Whatcom County Council, 1/15/2002, Page 36 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. COORDINATE MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES IN THE AMENDED AMOUNT OF $40,000 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $73,754 (AB2002 -044) 22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND NORTH SOUND REGIONAL SUPPORT NETWORK (NSRSN) FOR FUNDING FOR MENTAL HEALTH ADMINISTRATION, PLANNING, PROGRAM DEVELOPMENT AND CONTRACTUAL SERVICES IN THE AMOUNT OF $276,628 (AB2002- 045) 23. RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN ARCO AND BP, ASSIGNING THE NON- EXCLUSIVE PIPELINE FRANCHISE AGREEMENT TO BP (AB2002 -046) Roy moved to refer to the Public Works Committee to review the contract. She would like to see the actual contract. Motion carried unanimously. 24. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON COUNTIES INSURANCE FUND FOR PROVISION OF BASIC LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT (AD &D) INSURANCE COVERAGE, IN THE ESTIMATED AMOUNT OF $55,000 (AB2002 -047) OTHER ITEMS 1. YEAR END APPOINTMENTS TO PORTAGE BAY SHELLFISH PROTECTION DISTRICT ADVISORY COMMITTEE, WHATCOM COMMUNITY NETWORK, SEWAGE CONTROL APPEALS BOARD, AND PLANNING COMMISSION IN PREPARATION FOR THE YEAR 2002 (AB2001 -313) McShane moved to appoint Dorie Belisle to the Portage Bay Shellfish Protection District by acclamation. Motion carried unanimously. McShane moved to appoint Wilfredo Rosado to the Whatcom Community Network by acclamation. Motion carried unanimously. Whatcom County Council, 1/15/2002, Page 37 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 moved to appoint Thomas Scott to the Sewage Control Appeals Board by acclamation. Motion carried unanimously. Planning Commission - District 1 Nelson nominated Cheryl Ferrier. McShane nominated David Hunter. Roy voted for Hunter. Caskey- Schreiber voted for Hunter. Nelson voted for Ferrier. Fleetwood voted for Hunter. McShane voted for Hunter. Brenner stated she always supported the incumbents unless they do something that is unethical. Cheryl has done a great job, but David is a very good friend. All the applicants are good. She voted for Ferrier. Crawford voted for Ferrier. David Hunter was appointed. Planning Commission - District 3 Brenner nominated all applicants. It is important that everyone have a chance. Crawford voted for Steensma and Thomas. Brenner voted for Steensma and Menzies. McShane voted for Steensma and Menzies. Fleetwood voted for Menzies and DeWitt. Nelson voted for Menzies and Gagnon. Caskey- Schreiber voted for Menzies and Steensma. Roy voted for Menzies and Steensma. Whatcom County Council, 1/15/2002, Page 38 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. Geoffrey Menzies and John Steensma were appointed. 2. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF JANET BOYHAN TO THE RURAL LIBRARY BOARD (AB2002 -048) Nelson moved to confirm the appointment. Motion carried unanimously. 3. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF KEVIN FARIS, JUDITH LAYVA AND CYNTHIA BECKER TO THE PUBLIC HEALTH ADVISORY BOARD (AB2002 -049) Nelson moved to confirm the appointment. Motion carried unanimously. 4. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF KYLE HAGGITH, PAT JONES AND BRAD SWANSON TO THE DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE (AB2002 -050) Nelson moved to confirm the appointment. Motion carried unanimously. S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF KIM CEDERSTROM ON THE DEVELOPMENTAL DISABILITIES BOARD (AB2002 -051) Crawford moved to confirm the appointment. Although not appointed, Ms. Cederstrom has already attended and is doing a good job. She is also bridging the connection with the Whatcom Transit Authority. Motion carried unanimously. 6. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF DEL LOWERY TO THE PARKS AND RECREATION COMMISSION (AB2002 -052) Nelson moved to confirm the appointment. Motion carried unanimously. 7. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF ROBYN DU PRE' AND BUCK MELOY TO THE MARINE RESOURCES Whatcom County Council, 1/15/2002, Page 39 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. COMMITTEE (AB2002 -053) Nelson moved to confirm the appointment. Motion carried unanimously. 8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF JAMES FLYNN TO THE SALMON HABITAT RESTORATION CITIZEN ADVISORY COMMITTEE (AB2002 -054) Nelson moved to confirm the appointment. Motion carried unanimously. 9. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF CHARLES ALBERTSON AND LAURA WITTER TO THE MENTAL HEALTH ADVISORY BOARD (AB2002 -055) Brenner moved to confirm the appointment. This is an incredible board. These guys do a wonderful job. There is a wonderful, diverse group who really cares about mental health issues. Motion carried unanimously. 10. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF MARY KARRER AND DEBBRA ADAMS TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2002 -056) Nelson moved to confirm the appointment. Crawford strongly endorsed the applicants. Motion carried unanimously. 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE ANEW LIQUOR LICENSE APPLICATION FOR GRAHAMS RESTAURANT, 9989 MT. BAKER HIGHWAY, GLACIER (AB2002 -057) (Clerk's Note: End of tape two, side 8.) Nelson moved approval. Motion carried unanimously. 12. APPROVAL OF DATES FOR SPECIAL "STANDING" COUNCIL MEETINGS, INCLUDING THE WHATCOM COUNTY HEALTH BOARD, Whatcom County Council, 1/15/2002, Page 40 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. JOINT LAKE MANAGEMENT COMMITTEE, AND WATER RESOURCE WORK SESSIONS (AB2002 -062) Nelson moved to approve. Motion carried unanimously. INTRODUCTION ITEMS Caskey- Schreiber moved to accept the Introduction Items. McShane stated he added an additional item to the Introduction Items regarding the interim moratorium on subdivisions in the Lake Samish watershed (AB2002 -063). Brenner stated she added an additional item to the Introduction Items regarding the solid waste disposal standards (AB2002 -064). Motion carried unanimously. 1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. LSS01 -0001, FILED BY TOM PRATUM, REGARDING A PROPOSED CLUSTER SUBDIVISION (AB2001 -439) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.32, BOATING SPECIAL RESTRICTIONS (AB2001 -401) 3. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST NO. 1 (AB2002- 058) 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.07, ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES AND ABATEMENT (AB2002 -059) S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL (R5A) TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY FOUR AND ONE -HALF ACRES ONE QUARTER MILE SOUTH OF THE SOUTHEAST INTERSECTION OF EAST SMITH ROAD AND GUIDE MERIDIAN (AB2002 -060) 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTERS 20.10, 20.84 AND 20.90 TO PROVIDE SPECIFIC PROCEDURES FOR NOTIFYING AND OBTAINING INPUT FROM CITIES FOR ZONING AMENDMENTS AND PROJECTS WITHIN CITY UGA'S (AB2002 -061) Whatcom County Council, 1/15/2002, Page 41 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. 7. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIOS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED (AB2002 -063) S. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.06.040, SOLID WASTE DISPOSAL STANDARDS (AB2002 -064) OTHER BUSINESS McShane moved to adopt an emergency ordinance imposing an interim moratorium on new applications for subdivisions of land into parcels smaller than five acres within the Lake Samish watershed (AB2002- 063A). They will have a public hearing on this issue in two weeks. Some citizens also submitted a Comprehensive Plan amendment. It behooves the County to not accept any applications for the time being, until the Council makes its decision regarding Lake Samish. Nelson stated this is similar to the one at Lake Whatcom. He questioned whether the Lake Samish watershed was specifically identified. Sylvia Goodwin, Planning Division Manager, stated that was a bit of a problem, when they did the Lake Samish overlay. She believes they've now defined the Lake Samish watershed as the Friday Creek watershed. They define the boundary between that and Cain and Reed Lakes. They all flow toward Friday Creek, and they really are not the Lake Samish watershed. She thinks the definition is okay. Crawford questioned whether they should read into this all the issues surrounding the Lake Whatcom moratorium, such as Planning and Development Services having a proposal in six months. Councilmember Brenner was clear that they need to get it done in six months. He questioned whether they are going to have something solid in six months, and whether they are the same stipulations that the Council looked for in the Lake Whatcom watershed. McShane stated he wouldn't say that exactly. There is a timeframe on here, within the ordinance that has been introduced. It is for the period of time that the Comprehensive Plan amendment goes through the process, if it is docketed in February. They are not even sure that will happen. If docketed in February, the Council will discuss it in October or November. At that time, the moratorium would end. While they discuss the Comprehensive Plan amendment, it would be wise to not allow the subdivisions to occur during that time. Some of the decisions the Council will make regarding development standards at Lake Whatcom and Lake Samish, as watershed protection districts, will be related. The timeframe will not be exactly the same. Whatcom County Council, 1/15/2002, Page 42 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. Crawford asked if what they did in December for Lake Whatcom was to look at the technical aspects of regulations regarding subdivisions. What they are doing with Lake Samish is looking at incorporating the potential designation change from suburban enclave to rural. Therefore, there is a difference in the two because one is more of a technical subdivision thing and the other is a Comprehensive Plan designation thing. McShane agreed. There is some overlap. What they come up with Lake Whatcom will probably transferred over to Lake Samish. There is a difference in that Lake Whatcom is such a larger area, and so many more subdivisions could occur. They have other difficult struggles to deal with in that area. Crawford questioned the frequency of applications for subdivisions of parcels smaller than five acres historically in the last year or two. Hal Hart, Planning and Development Services Director, stated staff, at this point, is only aware of one. It is the potential that the residents have been concerned about. Crawford questioned whether this does not address the current subdivision that is dealing with the water issue. McShane stated that is vested. Brenner stated that when the Council asked the same question about Lake Whatcom, there weren't too many. Then, when the Council let it go for a short time, 70 lots were created. McShane stated there were 30 applications. Nelson stated he would support the motion. They need to look at that specifically. He would like to have the same type of criteria for Lake Samish that they are using with Lake Whatcom. Brenner agreed. She wanted to see a good balance that. If there was a balance, there would be shared pain rather than it all fall on the people who have not developed until now. Other than that, she supported this effort. In a way, Lake Samish is more sensitive than Lake Whatcom because it is so much smaller. Motion to adopt carried unanimously. Brenner moved to adopt an emergency ordinance amending Whatcom County Code 24.06.040, solid waste disposal standards (AB2002- 064A). She read it into the record. A majority of the Whatcom County Medical Waste Task Force recommended this. It has gone through the process. Whatcom County Council, 1/15/2002, Page 43 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. Nelson stated Councilmember Brenner brings this forward because of concerns raised recently in British Columbia regarding treatment - resistant bacteria. Whatcom County has the potential of receiving some of those stocks and cultures. Brenner stated there is a significant outbreak of flesh- eating bacteria infection presently occurring just over the border in Victoria. There have been 16 confirmed hospitalized cases, including two deaths and one amputation. These are level two organisms. That was why the task force recommended all stocks and cultures originally. Dave Grant, Senior Civil Deputy Prosecutor, questioned whether the Council needed to act as the Board of Health. Nelson announced that the Council would take this action and vote as the Board of Health. Crawford asked if the issue is the current bacteria infection in Victoria. Brenner stated that is what has brought this up as an emergency. Crawford questioned whether it would be appropriate to specify only Canadian laboratories. Brenner stated it would not be appropriate. They could be sending these stocks and cultures to laboratories in the United States. She didn't think they could differentiate legally. Nelson agreed. Crawford questioned whether they are differentiating medical waste coming into Whatcom County currently as being from laboratories versus doctors' offices. Brenner stated no matter how they define it, it is a laboratory that takes those cultures. They are not differentiating. It applies to any labs that go to any facility in Whatcom County. Crawford questioned whether they would have to stop all importation of medical waste. He questioned how they know when the truck comes into the county. Brenner stated that right now, the County specifies that level three stocks and cultures have to be treated at all labs before coming to any facility in Whatcom County. This amendment would require that stocks and cultures of all levels, one through three, be treated before coming to any facility in Whatcom County. They are just expanding what already occurs. Whatcom County Council, 1/15/2002, Page 44 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 asked how the County knows now that level three stocks and cultures are being treated. Brenner stated the Council knows because that is what the Health Department tells them. The Health Department has made calls to facilities to make sure they are doing this. All facilities in Whatcom County are required to contact their generators and let them know that these levels must be treated onsite prior to going to any facility in the county. It is up to the facility to notify their clients. Crawford questioned whether labs in Whatcom County that have a level three stock or culture are all equipped to treat the stocks and cultures onsite. Brenner stated labs that already treat level three stocks or cultures are equipped to treat levels one, two, and three. The labs already have the equipment to treat any stocks and cultures that would come to a facility in Whatcom County. Crawford stated his biggest concern is that they don't do something that is going to encourage labs to put stuff in the trash. Brenner stated they are not doing that. They are very heavily regulated. If they do that, they would be closed down and fined heavily. They have to track their waste from cradle to grave, according to federal law. Crawford questioned whether the Medical Waste Task Force thought it was practical to include this language. Brenner stated a medical doctor on the task force made the motion. Grant stated he has not seen the proposed ordinance, but he is concerned about the Council's authority or power to initiate and pass an emergency change to the regulation. The Board of Health has those powers. Brenner read the "Whereas" statements into the record. Grant stated none of these recitals answer his question. The powers of the Board and Health are prescribed under the Revised Code of Washington (RCW)70.05.060 and are reflected in the Whatcom County Code 24.01.060. He is not familiar with whether or not the State has enabled the Board of Health to act on an emergency basis. It makes sense that the power is there. However, he has not researched it to make sure. Nelson stated that if the Council enacted it, and someone felt it wasn't legal, then that person would have to challenge it. Then they'd find out for sure. It would be better to err on the side of safety. Grant agreed. In the future, cite the authority in the recitals. Whatcom County Council, 1/15/2002, Page 45 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 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 only found out about this over the weekend. It is a level two organism that is likely to come to Whatcom County. Vote on this as the Health Board and the Whatcom County Code. It is necessary for public health and safety. Motion to adopt carried 6 -1 with McShane opposed. Crawford stated he hoped they are not doing something here. He has actually seen medical waste in the regular waste stream. It has given him a cause for concern that the County regulations might get to a point where it is going to encourage some low profile generators of medical waste to slip the stuff into the waste stream. He is very concerned about that. Brenner stated she shared the concern. Laboratories are more strictly scrutinized than clinics. Laboratories have the most reason to do it right. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports. ADJOURN The meeting adjourned at 10:49 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on February 12, 2002. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, Council Chair Whatcom County Council, 1/15/2002, Page 46