HomeMy WebLinkAboutCouncil March 12 20021
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
March 12, 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
p.m.
Nelson stated canvassing volunteers are needed on March 20 and 22 at 2:00
Crawford volunteered to canvass on those dates.
Nelson stated canvassing volunteers are also needed on May 1 and May 3 at
2:00 p.m.
Brenner volunteered to canvass on those dates.
Nelson announced that the Western Interstate Region Conference is coming
up soon. Also, the City of Bellingham Countywide Regional Leadership Conference
is scheduled on March 22 from 3:00 p.m. to 8:30 p.m. at Semiahmoo.
Nelson announced that there was discussion regarding collective
bargaining negotiations (AB2001 -390) and discussion with Senior Deputy
Prosecutors David Grant and Randy Watts regarding pending litigation
(AB2002 -018) in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
1. BOARD OF HEALTH FOR FEBRUARY 5, 2002
Brenner moved approval.
Motion carried unanimously.
Whatcom County Council, 3/12/2002, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
2. WATER RESOURCES WORK SESSION FOR JANUARY 22, 2002
Brenner moved approval.
Motion carried unanimously.
OPEN SESSION
Rita Foley, South Lake Whatcom, thanked the Councilmembers who voted
against the rezone of the motorcycle shop. The people at the shop have threatened
to kick her car and run her off the road with their vehicles. These are not very nice
people. She ignores them. She doesn't want the motorcycle shop in her
neighborhood. It is a recreational residential neighborhood next to a very large
park. They've always been very quiet. Last Sunday, there were over 100
motorcycles there, and she could hardly get around the corner. They make
offensive gestures to her, which she considers a threat.
She also discussed Park Road, which is still sinking. She was told they are
going spend more money to put pipes underground to catch the water. Engineers
can't do anything. Stewart Mountain is a huge aquifer. The aquifer has been
feeding the valley for hundreds of years. The diversion that runs into Lake
Whatcom was always kept clean by the water being able to run on top of the
ground, under the ground, and under the road. Now, most of the wetlands are
gone, and there are swamps everywhere. She asked why they are going to work
on the rest of the road when one half of it is always sinking. Engineers can't fix
that.
SPECIAL PRESENTATION
PROCLAMATION BY COUNTY EXECUTIVE PETE KREMEN
RECOGNIZING WHATCOM DISPUTE RESOLUTION CENTER'S 10T"
ANNIVERSARY (AB2002 -017)
Pete Kremen, County Executive, read the proclamation into the record (on
file).
Kate Westphalen, Dispute Resolution Center Executive Director, thanked
County Executive and the Council for bringing the proclamation forward. She
thanked the county citizens who have supported the center for the last ten years.
The proclamation says what the center has done in the last ten years. They have
served nearly 3,000 county citizens. The annual budget is $120,00 per year.
They've performed a tremendous service for next to nothing. The fastest growing
form of mediation is for at -risk youth and their families, trying to keep families
together. Initially, when the center opened, they worked on divorces, property
settlements, and parenting plans. She looks forward to serving Whatcom County
for another ten years. The center is having an open house on March 14 from 8:00
a.m. to 8:00 p.m.
Whatcom County Council, 3/12/2002, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through four.
Motion to approve Consent Agenda items one through four carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND
NORTHWEST ECOLOGICAL SERVICES TO PROVIDE WETLAND
ASSESSMENT AND MITIGATION FOR PUBLIC WORKS PROJECTS, IN
THE AMOUNT NOT TO EXCEED $40,000 (AB2002 -135)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND
ALFRED REID ARCHAEOLOGICAL CONSULTING TO PROVIDE
ARCHAEOLOGICAL ASSESSMENT AND MONITORING FOR PUBLIC
WORKS PROJECTS IN AN AMOUNT NOT TO EXCEED $40,000
(AB2002 -136)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO FINALIZE AND
ENTER INTO A CONTRACT TO PROVIDE STOP LOSS INSURANCE
COVERAGE WITH COMPANION LIFE FOR THE SELF - INSURED
MEDICAL PLAN AT THE $250,000 DEDUCTIBLE LEVEL (AB2002 -137)
4. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON THE
SALE OF COUNTY TAX TITLE PROPERTY, REQUEST #01 -02 (AB2002-
138)
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST
REGIONAL COUNCIL FOR LAW AND JUSTICE COUNCIL SUPPORT
SERVICES IN THE BUDGETED AMOUNT NOT TO EXCEED $92,720
(AB2002 -122)
Crawford reported for the Finance and Administrative Services Committee
and stated this item is held in committee for two weeks.
2. DISCUSSION AND FORMULATION OF RECOMMENDATION REGARDING
SCHEDULING OPTIONS FOR PROCESSING THE FIVE -YEAR REVIEW
Whatcom County Council, 3/12/2002, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
AND 2002 BATCH OF COMPREHENSIVE PLAN AMENDMENTS (AB2002-
084P)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee recommends that the Council approve option two and
asks the administration to strongly consider option four, specifically hiring another
senior planner, this year. He so moved.
Brenner stated she would support option two, but not the part of the motion
that considers hiring any additional staff at a time other than at budget time.
Crawford stated option two is not contingent upon getting additional staff.
The Council is simply recognizing the concerns about and needs for additional staff,
based on the workload the Council has assigned to the department this year.
Councilmember McShane, as chair of the Planning Committee, will take this issue
back to the Planning Committee to prioritize which projects go this year and which
projects would go next year. The motion simply leaves the door open to the
possibility that they will consider adding another senior planner some time down
the road.
Roy stated the discussion during the committee meeting was that they have
to look at the entire budget very quickly. During that process, they are going to
have to differentiate the mandated services from the non - mandated services.
While the Council is doing that, it may determine that there are some things that
are more important than others. The committee just wants to make sure it is all
considered.
Nelson stated he shares Councilmember Brenner's concern. This is not a
good time to consider more fulltime equivalent (FTE) employees. However, there
are also unfounded mandates from the Growth Management Act (GMA) that the
County has to work on.
Brenner stated Lewis County's response to the State is that the State must
provide funding for its mandates, or else the county will prioritize the mandates its
own way and not do the tasks that it can't do and that aren't important to the
county.
Motion carried unanimously.
Crawford stated the Finance and Administrative Services Committee also
discussed the Whatcom County animal control services contract (AB2002-
149). The administration is developing a request for proposals (RFP) that will go
out. The administration will bring the RFP to the Council for review. The
administration also provided information on issues that the Council may want to
consider as discussions on the RFP.
Whatcom County Council, 3/12/2002, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. 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 the committee made changes and recommends holding a public hearing on
the ordinance as amended by the committee. Interested parties should have
enough time to look over the amended version of the ordinance. She also wants to
make sure the Health and Human Services Department has time to produce an
amended version of the ordinance and distribute it to the interested parties. She
preferred to have a public hearing in four weeks. She so moved.
Crawford stated the Building Industry Association (BIA) concerns could be
relayed at the hearing. They will have four weeks to look at it.
Brenner stated she talked to the BIA officials. All the issues raised by the
BIA were discussed and worked on in committee.
Motion carried unanimously.
4. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
PLAN, UTILITIES CHAPTER, WHATCOM COUNTY CODE, TITLE 20,
AND WHATCOM COUNTY CODE, TITLE 21, TO ADD AND CLARIFY
LANGUAGE RELATING TO THE REGULATION AND OPERATION OF
UTILITIES PARTICULARLY NATURAL GAS AND HAZARDOUS LIQUID
TRANSMISSION PIPELINES AND TO INCLUDE SITING CRITERIA FOR
TRANSMISSION PIPELINES AND OTHER TECHNIQUES TO PROMOTE
HEALTH, SAFETY AND PUBLIC WELFARE (AB2002 -109)
McShane reported for the Planning and Development Committee and stated
the committee made amendments and recommends holding a public hearing on
March 26 on the amended version of the ordinance. He so moved.
Motion carried unanimously.
5. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20,
TO ADD A NEW POINT ROBERTS TRANSITIONAL ZONE (TZ)
DISTRICT, CHAPTER 20.37, TO IMPLEMENT THE 2001 POINT
ROBERTS SUBAREA PLAN AND MAP (AB2002 -107)
McShane reported for the Planning and Development Committee and stated
the committee made amendments and recommends holding a public hearing on
March 26 on the amended version of the ordinance. He so moved.
Motion carried unanimously.
Whatcom County Council, 3/12/2002, Page 5
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 6. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.72, POINT
2 ROBERTS SPECIAL DISTRICT, TO IMPLEMENT THE GOALS, POLICIES
3 AND PROJECTS OF THE 2001 POINT ROBERTS SUBAREA PLAN
4 (AB2002 -108) (FROM 2/26)
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6 McShane reported for the Planning and Development Committee and stated
7 the committee made amendments and recommends holding a public hearing on
8 March 26 on the amended version of the ordinance. He so moved.
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10 Motion carried unanimously.
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12 7. REQUEST CONFIRMATION FOR THE EXECUTIVE'S APPOINTMENT OF
13 CAROLINE ROSELLINI TO THE DEVELOPMENTAL DISABILITIES
14 ADVISORY BOARD (AB2002 -139)
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16 Brenner moved to confirm the appointment.
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18 Motion carried unanimously.
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20 S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
21 JOHN VAN BOVEN TO THE SCOPING COMMITTEE FOR THE CRITICAL
22 ASSESSMENT OF THE BELLINGHAM QUADRANGLE (AB2002 -140)
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24 Brenner moved to confirm the appointment.
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26 Motion carried unanimously.
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28 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW
29 LIQUOR LICENSE APPLICATION FOR POINT ROBERTS GOLF AND
30 COUNTRY CLUB, 196 MARINE DRIVE, POINT ROBERTS (AB2002 -141)
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32 Brenner moved approval.
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34 Motion carried unanimously.
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36 10. RESOLUTION STATING COUNCIL'S POSITION ON THE LOCATION AND
37 CONSTRUCTION OF THE SUMAS ENERGY 2 ELECTRICAL GENERATING
38 FACILITY (AB2002 -146)
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40 Brenner asked where the resolution is and where it came from. She hasn't
41 seen it.
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43 Fleetwood stated he is bringing it forward. He put a resolution together last
44 Friday. It didn't make it into the packet. He had a reason to believe that Energy
45 Facility Site Evaluation Council (EFSEC) would rule before March 26. Now there is a
46 question about whether that will happen. He prefers to pull the resolution at this
47 time. He will schedule it again in two weeks, if necessary.
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Whatcom County Council, 3/12/2002, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy asked why they are putting this off. If the Council agrees on a position,
it would be better to make its position known before EFSEC makes its decision.
Nelson stated the EFSEC hearing record is closed at this time. Whatever the
Council puts forward now would not go to EFSEC. The Council should see what the
EFSEC decision is first. When the decision goes to the Governor, the Council can
comment to the Governor at that time.
Fleetwood stated there are some good reasons to approve the resolution
now, but there are also improvements to the resolution that can be made.
11. APPOINTMENT TO FILL VACANCY ON THE UTILITIES PLANNING AND
ADVISORY COMMITTEE (AB2002 -145)
Caskey- Schreiber nominated Dean Rogers.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, including the ordinance
amending the interim Lake Whatcom moratorium (AB2002 -151).
Motion carried unanimously.
1. ORDINANCE REVISING WHATCOM COUNTY CODE 24.06 SOLID
WASTE RULES (AB2002 -142) (COUNCIL ACTING AS THE BOARD OF
HEALTH)
2. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO.
01 -02 (AB2002 -138A)
3. RESOLUTION AMENDING RESOLUTION 2001 -010 AND RE-
PRIORITIZING WHATCOM COUNTY PROJECTS FOR THE WASHINGTON
COMMUNITY ECONOMIC REVITALIZATION TEAM (WA -CERT)
(AB2002 -143)
4. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST NO. 3 (AB2002-
144)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02.055, COUNTY
COUNCIL CLERK (AB2002 -147)
6. ORDINANCE AMENDING THE INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
WHATCOM WATERSHED (AB2002 -151)
Whatcom County Council, 3/12/2002, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 7:32 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on March 26 , 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Whatcom County Council, 3/12/2002, Page 8