HomeMy WebLinkAboutCouncil January 29 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
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 29, 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 the Council would not hold a public hearing on the
Solid Waste Ordinance.
Nelson also announced that Sharon Roy and Seth Fleetwood were both
appointed on January 15 to serve on Whatcom Transit Authority (WTA) board, but
only one position is available so Councilmember Fleetwood will serve on the board.
Nelson announced that there was discussion regarding collective
bargaining negotiations (AB2001 -390) during the Committee of the Whole
meeting.
MINUTES CONSENT
1. COMMITTEE OF THE WHOLE FOR JANUARY 15, 2002
Brenner moved approval.
Motion carried unanimously.
OPEN SESSION
Nelson stated that the Council would not act upon the items scheduled for
public hearing during this meeting due to the heavy snow and inclement weather
conditions that may make it a problem for citizens to attend the meeting. The
Whatcom County Council, 1/29/2002, 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.
hearings will be held open until the next meeting and action will be taken at that
time.
The following people spoke:
Alex Cummings, York neighborhood resident, stated the first amendment is
something they should all take very seriously. She quoted Martin Luther King, Jr.,
and stated that they are at a moment of challenge and controversy. She's been
trying to teach her son about the first amendment, and the rights that go with it.
She is also a nurse. A mother and a nurse should not have to be arrested because
of the first amendment and wanting the right to speak. A mother and a nurse
should also not ever been interrogated the night before a trial by a criminal
investigator about who her friends are. That is McCarthyism. This city needs the
resolution supporting protecting individuals engaged in nonviolent civil
rights demonstration (AB2002 -071) because people are getting arrested for
wanting their right to assemble, dialog with their government, and be a part of the
process. It needs to stop before another trial begins. She asked the County
Council to do something on behalf of the three local citizens who went through a
trial. Martin Luther King, Jr. had hope, and she has hope that the County Council
will realize how valuable the resolution is. It can send a message to the City of
Bellingham.
PUBLIC HEARING
1. ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN
COUNTY ROADS (A132001 -435)
Mike Donahue, Engineering Division, gave a staff report on this item and the
next item scheduled for public hearing because they are related. The stop signs are
on roads that have been built by developers during the last year or two. There are
30 locations where they want to install stop signs in developments throughout
Whatcom County. They are proposing a speed limit of 25 miles per hour on those
roads.
Brenner asked to see a map next time they do this with the locations marked
on the map. Donahue stated items one through 13 on Council packet page 376 are
at South Hills near Lake Padden. Items 20 and 21 are at Anchor Manor on Birch
Bay- Lynden Road. Items 28 through 30 are at the Woodlake Meadows subdivision
on Hillsdale Road, near Britton Road. Items 23 through 26 are at Lincoln Green,
which is a subdivision on Drayton Harbor Road. Item 22 is at Richmond Estates on
Shintaffer Road at Birch Bay.
McShane asked how the staff makes the determination. A couple of people
contacted him about installing stop signs in certain areas. The people were told
that the stop signs weren't warranted based on a study that was done. Donahue
stated the staff does a traffic study analysis and tries to install the stop signs
Whatcom County Council, 1/29/2002, 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.
according to the Manual Uniform Traffic Control Devices. There are five criteria. In
developments, they are installed where a road with a lesser volume meets a road
with a larger volume. Away from developments, they have to do a traffic analysis,
which includes accidents, volumes, speed, and history of the intersection.
Nelson opened the public hearing, and no one spoke. The hearing would be
continued for two weeks.
Nelson questioned why the stop signs aren't a part of the requirements when
roads are built for a development. Donahue stated the developer installs them as a
part of their cost. The County has to have an ordinance so they are enforceable.
Nelson questioned whether these signs are paid for by development.
Donahue stated they are.
Brenner questioned whether the signs are paid for completely by the
development. Donahue stated that in most of cases he's worked on in the last
eight or nine years, 95 percent of the stop signs have been completely paid for.
Fleetwood questioned whether any part of the decision is based on what the
people in the neighborhood want. Donahue stated it is during the first several
phases of a large development. However, it isn't if there is a smaller subdivision
where the signs go up before the houses are built.
2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON
CERTAIN COUNTY ROADS (AB2001 -436)
(Clerk's Note: See the above item for the staff report.)
Nelson opened the public hearing, and no one spoke. The hearing would be
continued for two weeks.
3. RESOLUTION REGARDING VACATING ALL OF RAILROAD DRIVE
RIGHT -OF -WAY AS PLATTED IN SOUTH BLAINE FIVE ACRE TRACTS
(AB2001 -393)
Mike Donahue, Engineering Department, gave a staff report and stated the
road is just south of Blaine on Portal Way. There is a strip of County road right -of-
way. It is not a road, but there was a trail permit that was a driveway for the
facility on the property. The railroad owns the property. The proposal
recommended by staff is to vacate that portion of the right -of -way.
Nelson opened the public hearing, and no one spoke. The hearing would be
continued for two weeks.
Nelson questioned whether there are County trail access or easements in the
area. Donahue stated the trail permit is not for a trail. It is for a driveway.
Whatcom County Council, 1/29/2002, 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 questioned whether it could be used in connection to a multi -trail
system in the county. Donahue stated it is disconnected from any county trail.
4. ORDINANCE IMPOSING AN EMERGENCY MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
WHATCOM WATERSHED (AB2001 -377B)
Dave Grant, Senior Civil Deputy Prosecutor, gave a staff report and stated
this hearing is required by State statute. This is just a procedural technicality.
Nelson opened the public hearing, and no one spoke. The hearing would be
continued for two weeks.
5. ORDINANCE IMPOSING IN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
SAMISH WATERSHED (AB2002 -063)
Nelson opened the public hearing and the following people spoke:
Cal Leenstra, 1802 Lakeside, stated he has owned property at Lake Samish
for 25 years. At the time he purchased the property, it was zoned Rural
Residential, three units per acre (RR3). He joined in the effort to bring the sewer
into the area years ago. At that time, they were having problems with water
quality. The sewer cost him $50,000, plus interest at 8.5 percent for 20 years. He
still doesn't have the sewer system. The property was downzoned to two lots per
acre. That wasn't right. Now, the proposal is to downzone it again to 25 percent of
it's current zoning. That is unthinkable. It costs more than $60,000 to develop a
lot from a half -acre to one acre. This will cost over $100,000 to develop a two -acre
site with sewer. No one will buy a lot for $135,000 to $150,000 at Lake Samish
with sewer. Across the road, they have a density of ten lots per acre at the mobile
home park. On the lake, there are over five sites per acre. There is no justification
to downzone to one house per two acres. There is no emergency. There is no logic
to this proposal because the density is ten times the amount across the street. No
court would uphold such lopsided land use. The proposed downzone is against the
Growth Management Act, which encourages infill. The proposal discourages
economic viability. The upland owners invested in sewer based on RR3 zoning,
which was downzoned. Zoning is a critical element of value. The upland owners
have a right to rely on the Comprehensive Plan and zoning when they make
investment decision. Otherwise, there will be no predictability. He is being
punished for being patient and prudent, which isn't right. The downzone sends the
wrong message to the development community. The County is self- insured, and
shouldn't be so reckless with taxpayer money. He suggested that the County's
legal counsel review the Supreme Court Cases Nollan v. California Coast
Commission, First Evangelical Church v. Los Angeles County, and Lucas v. South
Whatcom County Council, 1/29/2002, 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.
Carolina Coast Commission. Also review the Fifth Amendment to the Constitution,
which says that there shall be no taking of private property without just
compensation. He questioned whether the sewer line fees they paid are based on
density. If they are, he should be repaid. He also questioned whether the grants
that were provided when the sewer went in were based on the zoning at the time,
which was RR3. He questioned whether the Growth Management Plan used the
population projections from the Office of Financial Management (OFM) to determine
density, and where the density would go if it is taken away from this area. Mr.
David Pros should excuse himself from all Planning Commission deliberations on
this issue because he can't be unbiased according to the Appearance of Fairness
Doctrine. Mr. Pros has made numerous public statements in support of a
downzone.
In 1992, the Bellingham Herald quoted from the Washington Post regarding
the connection between private property and individual freedom. He submitted a
map of the area (on file).
Eric McHenry, 644 W. Lake Samish Drive, stated he represented the
Concerned Neighbors of Lake Samish. He thanked the Council for the emergency
moratorium. He recommended approval of the downzone proposal. This is the
best way to prevent the problems faced by communities on small lakes in the local
area. These areas face issues such as stormwater, roads, pollution, and the
infrastructure needed to support such a community. There is an aerator in the
middle of Lake Stevens to keep the fish alive. He is also aware of the issues at
Lake Whatcom, Lake Sammamish, and Big Lake. Lake Samish residents do not
want to join this club. Lake Samish is not Lake Whatcom with sweeping valleys
leading into it. Lake Samish is a self- contained lake that serves a delicate drainage
basin for the sheer mountains surrounding it. There are no major rivers diverting
into it, where the water is continually flushed and replenished. It is a critical
ecosystem that has a limit to what it can sustain. He urged the Council to do what
it can to protect this community.
The majority of the people in the Lake Samish community have repeatedly
voted down public water coming to the lake, because they are very concerned
about the potential build -out in the area. Fifteen hundred homes would triple the
community. There are not adequate precautions or regulations in the watershed to
protect the community and environment. They want to see changes made before
development gets out of control, and the quality of life is ruined. They are not
opposed to all development, only that which doesn't conform to the existing nature
of the community and /or the current environmental statutes. The roads are not
adequate to accommodate the increased number of cars. The schools are not
prepared for the increased number of students. Review the Comprehensive Plan to
determine the correct zone for the Lake Samish watershed.
He is sympathetic to the legal issues that arise when an area is downzoned.
Consider the fact that most of this land that is on the lake has a questionable value,
based on the fact of not having public water. Also, much of this land was State
Whatcom County Council, 1/29/2002, 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.
Department of Natural Resources (DNR) land that was purchased at a very low
price. People sometimes buy property as an investment to reap the benefits and
profits, but no investment has a guaranteed return. He questioned that these
property could be sold as two- or five -acre estates for the same like value as
current zoning permits, therefore limiting the growth and pollution, as well as lost
revenue from said properties. These are the things that reflect and protect the
rural nature of the Lake Samish watershed, the constituents of Lake Samish, and
the crescent one voting district. He asked the Council to support the downzone
issue, as the voting district supported the councilmembers in the last election.
Hearing no one else, Nelson stated the hearing would be continued for two
weeks.
McShane explained the process to the public. The Comprehensive Plan
amendment will be before the County Council possibly at the next Council meeting
to docket it for consideration by the Planning Commission. There would be an
opportunity to speak during the open session on that issue. If the Council dockets
the issue, it would go to the Planning Commission for public hearings.
Brenner asked Mr. Leenstra to provide the Council with some of the
background information on the sewer that he bought into. She would like to know
the value.
Crawford asked for a map showing where the sewer line goes.
Brenner stated areas are marked on the map, but it doesn't show the
number of lots in the areas. She wanted to see the number of lots by area.
6. ORDINANCE (2002 -004) IMPOSING AN EMERGENCY MORATORIUM
ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF
LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
SAMISH WATERSHED (AB2002 -063A)
Nelson explained this hearing is required by State statute, similar to the Lake
Whatcom emergency moratorium hearing.
Nelson opened the public hearing, and no one spoke. The hearing would be
continued for two weeks.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through ten.
Brenner withdrew item seven.
Whatcom County Council, 1/29/2002, 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.
Motion to approve items one through six and eight through ten carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC
WORKS AND INTER- FLUVE, INC. FOR PHASE ONE OF THE
STABILIZATION PROJECTS LOCATED IN THE MIDDLE FORK
NOOKSACK RIVER NEAR MOSQUITO LAKE ROAD AND BEAVER CREEK
LOCATED IN SUDDEN VALLEY IN THE AMOUNT OF $107,251
(AB2002 -072)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC
WORKS RIVER AND FLOOD DIVISION AND NOOKSACK SALMON
ENHANCEMENT ASSOCIATION TO PROVIDE PLANNING, TECHNICAL
ASSISTANCE AND OVERSIGHT OF PLANTING AND MAINTENANCE
WORK SUPPORTING RIPARIAN RESTORATION WORK IN THE
AMOUNT OF $100,000 (AB2002 -073)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
HUMAN SERVICES AND THE ARC OF WHATCOM COUNTY — PARENT
COALITION TO SUPPORT A BROAD -BASED COMMUNITY COALITION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES IN THE AMOUNT
OF $24,000 (AB2002 -074)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO PURCHASE TWO
REPLACEMENT VEHICLES USING THE WASHINGTON STATE
CONTRACT FROM FIVE STAR MOTORS IN THE AMOUNT OF $41,077.96
(AB2002 -075)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
OF WASHINGTON TO FACILITATE THE UPDATING OF WHATCOM
COUNTY'S COMPREHENSIVE PLAN, CRITICAL AREAS ORDINANCE
AND RELATED ZONING TEXTS IN THE AMOUNT OF $86,250 (AB2002-
076)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY SUPERIOR
COURT AND THE STATE OF WASHINGTON ADMINISTRATIVE OFFICE
OF THE COURTS FOR THE DESIGN OF A COMPREHENSIVE,
COORDINATED JUDICIAL RESPONSE TO DOMESTIC VIOLENCE CASES
IN THE AMOUNT OF $15,000 (AB2002 -077)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM-COUNTY PUBLIC
Whatcom County Council, 1/29/2002, 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.
WORKS SOLID WASTE DIVISION AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR COORDINATED PREVENTION GRANT
ACTIVITIES IN THE AMOUNT OF $507,098 (AB2002 -078)
Nelson moved to approve.
Brenner stated she noticed that some programs are to interface with the City
of Bellingham. Many of them just talk about the County doing these things. She
questioned whether much of this will be contracted out, because there are only two
people in the Solid Waste Division. It seems that there are a lot of programs here.
Dick Prieve, Assistant Director of Administration, stated most of this work is
contracted out. Regarding one of the contracts for toxics disposal, the County owns
the land, but the City of Bellingham is the contractor.
Brenner questioned whether most of the programs would be contracted out.
Prieve stated they would be.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE UNIVERSITY TO IMPLEMENT NUTRITION
MANAGEMENT EDUCATION AND RESEARCH PROJECTS IN THE
AMOUNT OF $63,000 (AB2002 -079)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE UNIVERSITY TO IMPLEMENT INTEGRATED PEST
MANAGEMENT EDUCATION & RESEARCH PROJECT IN THE AMOUNT
OF $75,000 (AB2002 -080)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY JAIL AND GRANT
DEGER, M.D. FOR THE ADDITION OF ONE CLINIC PER WEEK FOR
PHYSICIAN SERVICES TO JAIL INMATES IN THE AMENDED AMOUNT
OF $12,000 FOR A TOTAL AMENDED CONTRACT AMOUNT OF $42,000
(AB2002 -081)
OTHER ITEMS
1. 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, 1/29/2002, 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.
Crawford reported for the Finance and Administrative Services Committee
and moved approval.
Dewey Desler, Deputy Administrator, stated that the actual amount is
$40,000 plus $10,000. The summary that they quoted in the motion is not
accurate. It would be $50,000 in total.
Nelson stated there are two parts to the contract. Part A is for $40,000 and
part B is up to $10,000. He understood that they haven't spent that much before.
Desler stated that is correct.
Brenner stated she would like to have a presentation on what they actually
do and how effective or ineffective they are with domestic violence cases. She is
very confused about that. They have a domestic violence awareness week and give
a lot of voice to the issue, but she just recently heard of a case. She wouldn't mind
seeing a presentation on how they deal with it in Whatcom County.
Nelson stated this item doesn't address domestic violence. It is for dispute
resolution regarding divorce cases and child custody cases. What Councilmember
Brenner is referring to is in the next item. In the future, they are going to have to
look at this, and determine how much they can pay for that isn't required of County
government.
Motion carried unanimously.
Nelson clarified that the motion was to approve authorization of the contract
in the amount of $40,000 for part A and $10,000 for part B.
The Council unanimously agreed on the clarification.
2. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST NO. 1 (AB2002-
058)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt.
Nelson questioned whether the total impact to the County budget is $27,000.
Dewey Desler, Deputy Administrator, stated the net affect to the general
fund is a positive $3,000.
Motion carried unanimously.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.07,
ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES AND
ABATEMENT (AB2002 -059)
Whatcom County Council, 1/29/2002, 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.
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY
COUNCIL TO ADDRESS LEAD BASED PAINT HAZARD REDUCTION IN
THE AMOUNT OF $269,820 (AB2002 -069)
Crawford reported for the Finance and Administrative Services Committee on
this item and the following two items because they are related. The resolution
supporting nonviolent civil rights demonstrations is a federal requirement of this
contract. He moved approval of this item.
Caskey- Schreiber stated she would like to see that the City of Bellingham
also be required to adhere to the resolution supporting individuals' rights to engage
in nonviolent civil rights demonstration, because the County will be doing the lead -
based paint project on some of the properties owned by the City of Bellingham.
Crawford stated this was discussed during the committee meeting.
Councilmember McShane has agreed to write a cover letter to the City to let them
know that the County is approving the resolution.
McShane stated the City would not have to abide by it because this is a
County contract and grant through the Opportunity Council. Certainly there are
places in the City of Bellingham that would receive a benefit of the program. He
questioned whether the City would be required to adhere to the resolution for the
work to occur. He was given an answer of no, because it is not something that the
Opportunity Council wants to bother themselves with. He suggested sending the
resolution to the City while expressing its concerns.
Desler stated that for many years, Whatcom County has not been a recipient
of Community Development Block Grant funds from the Department of Housing and
Urban Development. The City of Bellingham has been a recipient of those funds for
some years. As such, they would be required to sign a similar policy document.
Motion carried unanimously.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN
SERVICES AND THE WASHINGTON STATE OFFICE OF COMMUNITY
DEVELOPMENT TO ADDRESS LEAD BASED PAINT HAZARD
REDUCTION IN THE AMOUNT OF $272,820 (AB2002 -070)
Crawford moved approval.
Whatcom County Council, 1/29/2002, 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
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 this is a lot of money.
Dewey Desler, Deputy Administrator, stated the grant is for $272,820 to the
County. The County would subcontract with the Opportunity Council for $269,000.
Nelson questioned what they are trying to accomplish. Desler stated they
are going to look at significantly reducing the number of homes that have lead -
based exposure in paints and walls, so children can live without exposure to the
damaging effects of lead.
Nelson stated many of these homes are low- income. Lead -based paints are
a significant health risk for mental conditions in children.
(Clerk's Note: End of tape one, side A.)
Motion carried unanimously.
6. RESOLUTION SUPPORTING PROTECTING INDIVIDUALS ENGAGED IN
NONVIOLENT CIVIL RIGHTS DEMONSTRATION (AB2002 -071)
Crawford moved approval. This is a stipulation of the above two contracts.
Motion carried unanimously.
7. RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION
AGREEMENT BETWEEN ARCO AND BP, ASSIGNING THE NON-
EXCLUSIVE PIPELINE FRANCHISE AGREEMENT TO BP (AB2002 -046)
Brenner reported for the Public Works and Capital Projects Committee and
stated this item has been held in committee. The agreement comes up for renewal
in eight years.
8. REPORT ON COMMITTEE DISCUSSION REGARDING THE AMENDMENT
OF WHATCOM COUNTY FERRY RATES TO EXPAND THE CURRENT
SENIOR /LOW INCOME SPECIAL RATE TO INCLUDE LUMMI ISLAND
PROPERTY OWNERS WHO RECEIVE A PROPERTY TAX EXEMPTION
AND THOSE WHO ARE ALSO MEDICAID RECIPIENTS (AB2002 -082)
Brenner reported for the Public Works and Capital Projects Committee and
stated a proposed ordinance would be brought back before the Council for a public
hearing in the future because the committee is proposing some amendments,
including expanding a fare discount for low- income, seniors, and disabled people.
Nelson questioned what constitutes low- income.
Whatcom County Council, 1/29/2002, 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
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 the applicant would have to be eligible for Medicaid or show
that he or she has a property tax exemption.
Nelson asked how they would define the low- income level and the age limit
for seniors.
Brenner stated the applicant would have either a Medicaid card or a tax
exemption from the Assessor's Office.
Dick Prieve, Assistant Director of Administration, stated two groups were
identified. The Assessor's Office has a list of people who qualify for a senior low -
income exemption. There are 28 people from Lummi Island currently on that list.
The other group of people who would qualify are Medicaid recipients.
Brenner stated they would also look at those people who qualify for a tax
deferral, which has a slightly higher income limit.
Nelson stated that would be the tax deferral for seniors program through
State law.
Brenner stated the committee also talked about, which they will talk about
again, the kind of financial impact there would be if they change the 25 -trip punch
card from an eight percent discount rate to a 15 percent discount rate for a trial
period.
Dave Grant, Senior Civil Deputy Prosecutor, stated it would be helpful in this
process to recite the specific statute involved. There may be confusion down the
road if they don't do that.
Brenner asked Mr. Grant to do that.
Kremen stated the administration would make sure that Mr. Grant and Mr.
Prieve get together to discuss the specific statutes.
Caskey- Schreiber stated the committee unanimously supported a punch card
with a 15 percent discount rate for 25 trips.
Brenner stated the low- income, senior, and disabled discount was also
approved unanimously by the committee. These two items were recommended to
go forward. She would like the Public Works Department to bring an ordinance to
the Council for a public hearing.
McShane moved to support the recommendation from the Public Works
Committee to bring forward an ordinance for consideration by the Council
regarding:
• A 15 percent discount on the 25 -trip punch card, and
• A discounted fare for seniors, low- income, and disabled citizens.
Whatcom County Council, 1/29/2002, 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
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 questioned whether the committee requested additional information
on the impacts to the motion.
Brenner stated they did. The committee recommended those two items as
amendments to the County Code. That is what the entire hearing is about.
McShane stated his motion is to provide direction to the administration to
prepare an ordinance. Prieve stated the staff is going to look at the financial impact
of going to a 15 percent discount from an eight- percent discount. The way the
schedule is set up now, there would be a surplus of approximately $35,000. He
would look at whether the increased discount would do away with the surplus. That
is the only thing he would look at and study regarding the impact of increasing the
punch card discount.
Nelson stated he understands the intent. He preferred to hold the
amendments until after the public hearing. Otherwise they are voting on
something without having a public presentation on the issue or the information they
need from the staff.
Brenner stated that if the Executive is comfortable with two
recommendations coming from the committee without the Council voting on it, then
that's fine. She was under the impression that direction had to come from the full
Council.
Pete Kremen, County Executive, stated it is always nice to get input and
collaboration from all the councilmembers. It is irrelevant whether it is a
committee recommendation or a full Council recommendation. The issue will be
dealt with in its final stages at a later date anyway.
Nelson stated they don't need the motion. They can deal with the issues at
the time of the hearing.
Brenner stated the committee came up with some recommendations. Those
are directions they are thinking of going. They usually don't do this just by a
committee.
McShane stated the motion is on the floor. This is something they should do.
He restated the motion to support the recommendation from the Public Works
Committee to bring forward an ordinance for public hearing by the Council
regarding:
• A 15 percent discount on the 25 -trip punch card, and
• A discounted fare for seniors, low- income, and disabled citizens.
Motion carried 6 -1 with Nelson opposed.
Whatcom County Council, 1/29/2002, 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
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.
9. 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)
McShane reported for the Planning and Development Committee and stated
the committee recommends scheduling a public hearing, because no one on the
Committee supports making the zoning change. It requires a public hearing
because the Planning Commission recommended approval of the rezone. No one
on the committee supports the rezone. He so moved.
Crawford stated the proposal is an appropriate use of the land. The
character has already been defined. The Planning Commission made a good
recommendation.
Brenner stated commercial zoning in that area should have to do with what
they said it would, which is widening the Guide Meridian. Councilmember Crawford
says the money is already allocated for the road widening, but she'll believe that
when she sees it. They should not add any more traffic until they see a widened
Guide Meridian.
Motion carried 6 -1 with Crawford opposed.
10. 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)
McShane reported for the Planning and Development Committee and moved
to approve.
Carried unanimously.
11. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /OPEN SPACE, OPEN SPACE /FARM AND AGRICULTURE
CONSERVATION AND OPEN SPACE TIMBER APPLICATIONS (AB2002-
083)
McShane reported for the Planning and Development Committee and moved
approval of the Open Space /Timber applications for Harris, Zender, Vekved,
Williams, and Hruby, and the Harris Open Space /Open Space application.
Motion to approve carried unanimously.
McShane moved to approve the Luhrs Open Space /Timber application.
Whatcom County Council, 1/29/2002, 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.
Motion carried unanimously.
McShane stated there is no committee recommendation on the Luhrs Open
Space /Open Space application. There is a legal issue that couldn't be answered
today. There is no recommendation at this time. There is some concern that the
shoreline designation in the area is for conservancy already. That creates some
legal issue that they have to clarify. They will hold this application in committee
until a recommendation comes forward.
Crawford questioned whether this application would provide beach access for
the public if it is approved.
McShane stated it would, unless the Council makes an exception, which is
allowed.
Sylvia Goodwin, Planning Division Manager, stated there would be public
access to the property from the water, not from the road. The idea is that people
in kayaks or small boats could use the beach, but there is no road access from the
road.
Crawford questioned whether the Open Space access signs would face the
water. Goodwin stated they could.
Nelson moved to amend the current resolution to withdraw the Luhrs Open
Space /Open Space application.
Motion to amend carried unanimously.
Nelson moved to approve the resolution as amended to remove the Luhrs
Open Space /Open Space application.
Motion carried unanimously.
12. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.32, BOATING
SPECIAL RESTRICTIONS (AB2001 -401)
McShane moved to adopt.
Dave Grant, Senior Civil Deputy Prosecutor, stated the swans were dying last
year. The State Department of Fish and Wildlife began an investigation. The
contractors for the investigation had to collect the sick and dead swans for analysis
by rowboat on Wiser Lake. Wiser Lake is closed to motorized craft except in the
case of emergency for health or property issues. This expands the exception to
allow for research and wildlife management activities to occur with motorized craft
on Wiser Lake during that period of time.
Whatcom County Council, 1/29/2002, 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
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 stated an exception was done last year, but it was only for one year.
Brenner stated her husband's theory is that the swans are dying because
there are so many of them, more than usual.
Motion carried unanimously.
13. APPOINTMENT TO THE PORTAGE BAY SHELLFISH PROTECTION
DISTRICT ADVISORY COMMITTEE (AB2002 -086)
Brenner moved to appoint Christine Woodward.
Motion carried unanimously.
INTRODUCTION ITEMS
Caskey- Schreiber moved to accept the Introduction Item.
Motion carried unanimously.
1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS (AB2002 -084)
OTHER ITEMS
Addendum:
ORDINANCE AMENDING CHAPTER 24 OF THE WHATCOM COUNTY
CODE TO INCLUDE MINIMUM REQUIREMENTS FOR AN ADEQUATE
WATER SUPPLY AND MINIMUM REQUIREMENTS FOR THE SELLER TO
PROVIDE INFORMATION TO THE BUYER CONCERNING THE WATER
SOURCE WHEN SELLING DEVELOPED PROPERTY (AB2001 -369)
Brenner reported for the Public Works and Capital Projects Committee and
stated this item was held in committee.
OTHER BUSINESS
McShane moved to send the resolution supporting protecting
individuals engaged in nonviolent civil rights demonstration (AB2002 -071)
with a cover letter to the City of Bellingham regarding citizens' right to nonviolent
protest.
Brenner stated she supported the motion.
Whatcom County Council, 1/29/2002, 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
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.
Roy stated she would like to see the letter before she would support it. She
has uneasy feeling about that kind of interaction with another government body. It
puts the County Council in the position of feeling superior, without having to deal
with the situation that the City Council is dealing with.
Crawford agreed with Councilmember Roy. He would entertain the concept
of a cover letter, but he would not vote for it until he sees what it says exactly.
Nelson agreed with Councilmember Crawford.
Brenner stated she is ready to vote on it.
McShane stated everyone should see it.
Brenner stated the City of Bellingham and the County trade
recommendations a lot. It's part of what they do.
(Clerk's Note: The Motion was not voted on.)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 8:22 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on February 26 , 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Whatcom County Council, 1/29/2002, Page 17