HomeMy WebLinkAboutCouncil October 22 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
October 22, 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 negotiations (AB2001 -390) and discussion with a
representative from the Whatcom County Prosecutor's Office regarding
pending litigation (AB2002 -018) in executive session during the Committee of
the Whole meeting.
Pete Kremen, County Executive, read from his presentation on the 2003
proposed budget (on file).
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items, including the
substitute page three of the Board of Health minutes.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR OCTOBER 8, 2002
2. BOARD OF HEALTH FOR OCTOBER 1, 2002
3. REGULAR COUNTY COUNCIL FOR OCTOBER 8, 2002
OPEN SESSION
The following people spoke:
Whatcom County Council, 10/22/2002, 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.
Marion Beddill, 3600 Seeley Street, Bellingham, read from the transcript of
the record of the National Energy Board meeting in Abbottsford, B.C. in which she
spoke. Generations Affected by Senseless Power (GASP) of Whatcom County
supports Mr. White's motion to adjourn and adopt the statements and discussions
presented by Mr. White. A judicial appeal is on record in Thurston County and filed
by Whatcom County that asks for the overturn of the Energy Facility Site Evaluation
Council (EFSEC) decision and Governor Locke's approval of Sumas Energy 2 (SE2).
A favorable ruling on that court hearing would mean that SE2 would no longer have
a valid permit to build its plant. Therefore, the power line would be unnecessary
and the hearing would not be needed. GASP requested that the National Energy
Board adjourn its hearing until the conclusion and ruling of Thurston County
Superior Court.
Brenner asked when the Thurston County case would be heard. Beddill
stated she did not know.
Mike Kaufman, 1620 Huntley Road, Bellingham, stated energy moves
through power lines. Lines that have 115,000 volts move power around the county
in public rights -of -way and are designed in a dual loop system. If one line goes
down, the other line can pick up and service the entire loop. They are designed to
carry a continuous load of not more than 165 megawatts. Most of the lines operate
at less than 100 megawatts. There are a few exceptions. A limit of 165 megawatts
on 115,000 -volt lines will not affect the way the system currently operates in this
county.
John Robinson, Lynden, asked the Council not to use tax money to oppose
Sumas Energy 2. The process has been done in a proper manner.
Jean Freestone, 3200 Vallette Street, Bellingham, stated she represents the
organization People Paying for Lake Whatcom. People have testified that residential
uses cost more in services than it provides in property tax revenues. However, the
bulk of those costs are for support of public education. Sales tax and business tax
revenues offset the costs. The more people there are, the more revenue is
generated from these other sources. Not all residential properties are created
equal. A half - million dollar lakefront house generates a lot of tax revenue. It's
distressing that the County remove premium properties from the tax roles forever.
Jim Skerjanc, 556 Summit Place, Glenhaven, stated he is in favor of the
Sumas Energy 2 project. It will help the Sumas economy.
Bob Wiesen, 3314 Douglas Road, Everson, asked the Council to stop wasting
his money. When a company proposes a project that meets or exceeds all existing
regulations, and the County proceeds to obstruct the process and institute legal
action after the process, it doesn't send a good message to other potential
companies. Whatcom County is spending money trying to create an economic
development interest.
Whatcom County Council, 10/22/2002, 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.
Ms. Freestone made some good comments this afternoon regarding Lake
Samish and how some of these things should be analyzed. They worked for years
on the Comprehensive Plan for the county. Now they are ripping it up.
Buzz Strickland, Diking District 3, thanked the councilmembers for coming
down to see the river. One way or another, they have to complete the project.
They have been working on it since 1998. The price to fix it has increased four
times the original cost.
John Apple, 6604 Northwest Drive, Ferndale, Diking District 3, stated he is
trying to make a living off his land. If the river keeps migrating through the bank it
is going to wreck his farmland.
Fred Poppe, Best Western Lakeway Inn Owner, stated he supports Sumas
Energy 2 and asked the Council to reconsider its lawsuit. It's frightening to think
that the lights would go out. It would devastate the local businesses.
Candice Ambrosio, 1712 High Noon Road, stated she supports the appeal of
the Sumas Energy 2 power plant. Whatcom County shares resources with the
Canadians, including air. The Canadians are adamantly and totally opposed to this.
They have nothing to gain and a lot to lose from this project. All levels of thei
British Columbia government are opposed to this project. The residents of
Whatcom County want clean companies in Whatcom County. She presented a
letter from British Columbia Premier Campbell to Governor Locke regarding the
Lower Fraser Valley airshed (on file). Whatcom County produces one -third of the
pollution and represents seven percent of the population.
Dave Pros, 1466 Roy Road, read from the Comprehensive Plan regarding the
rural lands background summary on maintaining local control. He hoped the
County Council would uphold the Comprehensive Plan and vote for the Lake Samish
area downzone.
Randy Lindquist, 3612 Hopewell Road, Everson, stated he supports the
mushroom composting ordinance. A mushroom composting outfit is trying to move
into his area. It was originally was called a worm farm. The mushroom composting
facility developer said that the plan is to make mushroom compost, haul the
compost to Canada, and haul spent compost back to the Hopewell site. Frasier
Valley Farms owns the site on Hopewell Road. The farm owner said he will need
less than 2,000 yards of mushroom compost from the Hopewell site to service the
owner's three farms in Canada. He owns a house, which is for sale, across from the
proposed site. Since the news came out about the proposed composting facility, no
one has been interested in his house.
Greg Barlean, 6747 Ocean Road, stated the government of British Columbia
considered the need for mushroom compost manufacturing versus the rights of
adjoining citizenry for an assured quality of life. British Columbia recently adopted
Whatcom County Council, 10/22/2002, 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.
technology and methodology that works. There are three facilities in the lower
mainland that work well or promise to do so. He explained the acceptable
mushroom composting process. The process is expensive and requires
maintenance and monitoring. A certain element of the industry has chosen to come
to Whatcom County and bring their problems with them. The producers should be
held to the same standards on both sides of the border.
Sherry McKay, 6781 Ocean Road, stated she feels a real threat against her
family and property if the mushroom compost facility comes into her neighborhood.
(Clerk's Note: End of tape one, side A.)
McKay continued to state that County employees tried to do something about
it. Citizen efforts could help put together something that would separate general
composting from the mushroom composting. Mushroom composting should be
done according to a professional plan for facility construction and operation. The
plan must be monitored to make sure it operates as designed. County staff and
County councilmembers listened to the citizens when the citizens worked on this
issue.
Pete Dykstra, 7433 Nooksack Road, Everson, stated he wants to protect his
home and land values. He also wants to address the concerns of his fellow dairy
farmers. Many dairy farmers compost materials. He understands that the
proposed ordinance will not further regulate farm composting, and that mushroom
composting is separated from all other types of composting. He is opposed to any
effort to any legislation of farm odors. However, mushroom compost odors is
different. Adopt stiffer rules for mushroom composting, which won't hurt farmers.
Support the proposal.
Lamar McKay, 6781 Ocean Road, Everson, stated he is a homeowner and
business owner. He is in favor of the mushroom composting proposal. He's
worried about what will happen to their quality of life if mushroom composting is
allowed in the county. Mushroom composting must be done properly where people
live.
Del Walker, Goodwin Road, stated he has concerns about mushroom
composting operations setting up in Whatcom County. No farming will actually take
place. Everything will be trucked in and trucked out. He and his family will have to
bear the brunt of the noxious air. There is a nearby creek with fish and wildlife that
will be affected. B.C. has increased its mushroom composting regulations, so the
plants are moving to Whatcom County. He explained the benefits of the proposed
regulations, which include requiring facilities to not be built on agricultural property
that is near any residentially zoned property, professional oversight, plants to be
repaired and maintained, and monitoring and reporting.
Royal Septh, 6799 Hopewell Road, stated he is in favor of the emergency
ordinance regarding mushroom composting. It creates checks and balances in the
Whatcom County Council, 10/22/2002, 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.
system. Don't allow foreign industries to locate in Whatcom County in order to
circumvent the regulations in British Columbia. Whatcom County has to create
regulations before the facility begins operation.
Chris Barlean, 6711 Ocean Road, stated he wants his home and family to be
protected from mushroom composting facilities.
Eric Anis, 6536 Siper Road, Everson, stated he works for the Border Patrol.
People don't want to buy a home that is located near a mushroom composting
facility. The mushroom composting industry in the area will hurt the market value
of homes.
Joe Elenbaas, 600 E. Smith Road, stated he has had to spend a lot of money
defending himself against criminal action that Whatcom County has taken against
him regarding his home rebuilding after a fire. He has proven that he has the
necessary permits. Paul Rushing has verified that, at the time of his retirement, he
was in full compliance with every aspect of every code that he was responsible for
enforcing. Every part of his home commenced construction prior to 1993, when
Paul Rushing left the County. He has demonstrated that there have been no
conditions to cause the permit to expire. He asked the prosecutor to provide dates
of the citation. He provided a copy of a letter and background documents to Hal
Hart, the Council Chair, and Councilmember Crawford.
There are many aspects of the County that the citizens can be proud of. He
asked the County Council to be the conscious of Whatcom County because the
councilmembers are elected to represent the citizens and write the regulations.
The Council can't manage those regulations, but it can go to the departments that
do not comply with the intended legislation and retain funds or needed regulations.
Brenner asked if the Council has a copy of Mr. Elenbaas's information.
Roy stated it does.
Noel Nielson, Nooksack, stated he heard that the Everson mushroom
composting investors of the composting operation pulled out and the project is
canceled.
Richard Emerson, Building Industry Association of Whatcom County, stated
he objects to the downzone of the Lake Samish watershed. He previously
submitted a letter regarding the way the Planning Commission meeting was
handled. He questions whether it was in compliance with the Growth Management
Act.
CONSENT AGENDA
Whatcom County Council, 10/22/2002, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items two through four.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF FLOOD -PRONE PROPERTY ON SOUTH FORK NOOKSACK
RIVER USING FLOOD CONTROL ZONE DISTRICT FUNDS IN THE
AMOUNT OF $301,000 (AB2002 -364)
Crawford moved to approve with the following amendments, recommended
by the Finance and Administrative Services Committee.
• The purchase would be subject to an appraisal review by a third party
to verify that $301,000 is an accurate appraisal.
• The purchase amount would be amended, "...not to exceed
$301,000..."
There may be future grant opportunities that allow the County to receive a
reimbursement for a portion of the purchase price. The language as it is will not
allow for a reimbursement of less than $301,000.
Brenner asked if staff has looked into the insurance question.
Paula Cooper, River and Flood Division Manager, stated the owner had
verified that she will take care of the insurance.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND R &G MEDIA, RESULTING FROM RFP #02 -68, TO DEVELOP A
MEDIA AWARENESS CAMPAIGN TO INCREASE AWARENESS OF THE
EMPLOYABILITY OF PERSONS WITH DEVELOPMENTAL DISABILITIES
WITHIN THE BUSINESS COMMUNITY AND THE COMMUNITY AT
LARGE, IN AN AMOUNT NOT TO EXCEED $30,975 (AB2002 -365)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND HOME PORT
LEARNING CENTER TO PROVIDE ALTERNATIVE EDUCATION TO
YOUTH IN THE COMMUNITY, IN THE AMOUNT OF $63,000 (AB2002-
366)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES DIVISION OF ALCOHOL AND
Whatcom County Council, 10/22/2002, Page 6
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 SUBSTANCE ABUSE (DASA) BYRNE DRUG COURT GRANT AMENDMENT
2 OF $110,000 (AB2002 -367)
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5 OTHER BUSINESS
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7 Fleetwood moved to address both ordinances regarding mushroom
8 composting at this point in the meeting.
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10 (Clerk's Note: The motion was not voted on,)
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12 EMERGENCY ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY
13 CODE SECTION 20.40, ESTABLISHING ADDITIONAL CRITERIA FOR SITING
14 MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE
15 AGRICULTURAL ZONING DISTRICT (AB2002 -191G)
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17 Brenner moved to adopt the emergency ordinance. She stated she believes
18 legal counsel concurs that there are findings to support a County Council decision to
19 declare this an emergency and asked Mr. Grant if he agrees.
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21 Dave Grant, Senior Civil Deputy Prosecutor, stated there are two decisions to
22 make: 1. Whether there is an emergency according to the Whatcom County
23 Charter. If the Council chooses to approve an ordinance as an emergency, it would
24 be defensible. 2. Whether the action involves the State Environmental Policy Act
25 (SEPA). The Council can't do a SEPA - controlled action, which is an action allowed
26 by SEPA. If it were controlled by SEPA, the County would have to go through the
27 SEPA process, which could take a couple of weeks. The action could be exempt
28 from SEPA if it meets the definition of emergency in the Washington Administrative
29 Code (WAC). The key question is whether they are facing an imminent threat and
30 if this is truly an impending issue. Whatcom County does have an interim
31 ordinance now. They have to consider whether the existing interim ordinance is
32 deficient enough to not counteract the impending threat, in order to satisfy SEPA
33 and the Whatcom County Charter.
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35 Crawford stated he liked Councilmember Brenner's emergency ordinance.
36 He also liked the concept of putting the brakes on any mushroom composting
37 facility development until November 26, which would allow time for any affected
38 parties to come forward on November 26. He wants to adopt an emergency
39 ordinance that would preclude anything from happening that would not be allowed
40 by the ordinance on which they will have a hearing at the Council meeting on
41 November 26. All people who feel that they are affected would have an opportunity
42 in the next month to explain their concerns to the County Council. He asked if
43 Councilmember Brenner's emergency ordinance would accomplish that. Grant
44 stated it would.
45
Whatcom County Council, 10/22/2002, 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.
Crawford asked if the existing interim moratorium ordinance would prevent
all the things that are in the ordinance being introduced. Grant stated it does not.
The proposed ordinance is broader in scope.
Crawford asked if the Council needs to adopt the emergency ordinance if he
believes that a threat exists now and he wants to incorporate the things in the
ordinance being introduced. Grant stated it does.
Brenner explained that for the purposes of SEPA, air quality degradation
would qualify. There is enough reason to consider this an imminent concern to
protect against a vested application that would cause environmental degradation.
There are existing examples of major environmental degradation from existing
mushroom composting facilities.
Nelson stated the interim regulation specifies a buffer distance of 1,500 feet.
He asked if this proposal is capable of meeting the buffer if it is only on a five -acre
parcel.
Hal Hart, Planning and Development Services Director, stated he doesn't
have that information.
Nelson stated there has not been an application.
Brenner stated there have been inquiries.
Grant stated a facility would need a 40 -acre parcel to meet the 1,500 -foot
setback requirement.
Roy thanked Councilmember Crawford for getting at the heart of things. If
the Council looks at the emergency ordinance tonight, they still will have a hearing
on the Introduction Item. Her reluctance about the emergency is about providing
an opportunity to testify soon to people who are opposed to this. She asked if the
Introduction Item would continue forward.
Crawford stated it would.
Brenner stated the County Council is required by law to have a hearing
within 60 days anyway.
Nelson stated the emergency is to protect public health, safety, and private
property. Private property can be impacted by these odors. The County needs to
address public concerns in a way that everyone is treated fairly, including the
applicant.
Grant stated there are also water quality issues.
Whatcom County Council, 10/22/2002, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson stated that the Council has grave concerns about water quality in the
Hopewell area.
Brenner restated her motion to adopt the emergency ordinance.
McShane asked if the Health Department takes the lead.
Regina Delahunt, Health and Human Services Director, stated the Planning
Department would take the lead in the conditional use process. The Health
Department comes in after the conditional use process.
McShane asked if the ordinance is workable. Delahunt stated it is consistent
with a lot of the things that the Health Department would require in a solid waste -
handling permit. The ordinance requires that the composting take place inside of a
building, which is a new requirement from the current solid waste regulations.
Pete Kremen, County Executive, stated the administration is in favor of the
proposed emergency ordinance. There has been a proliferation of mushroom
composting operations in Whatcom County because British Columbia has adopted
more stringent regulations to address their concerns about the environment. Air
and water quality and property devaluation are real concerns. The County Council
should use extreme thought and caution when issuing emergency ordinances. In
this case, it is warranted.
Brenner stated the ordinance includes the emergency language in the title
and in the last "Be It Finally Ordained" statement, "BE IT FINALLY ORDAINED that
this ordinance shall , and
ai=e he'd On aeeerdanee with law and findings ef faet ai=e made PFieF te eaeh Fenewal
take effect immediately and shall expire on the sixty -first day following the date on
which it becomes law."
(Clerk's Note: End of tape one, side B.)
Crawford moved to amend Exhibit A, the last sentence of section five,
"...shall only be permitted when in compliance with federal and state water quality
standards and when conducted in compliance...."
Brenner stated it is already in two sentences. Grant stated they want to
make sure the language is in there.
Crawford stated the first sentence applies to composting and mulching
facilities other than mushroom composting. The second sentence applies to
mushroom composting facilities.
Motion to amend carried unanimously.
Whatcom County Council, 10/22/2002, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion to adopt the emergency ordinance as amended carried unanimously.
PUBLIC HEARING
2. ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY CODE
20.40, ESTABLISHING ADDITIONAL CRITERIA FOR THE SITING OF
COMMERCIAL MUSHROOM COMPOSTING AS A CONDITIONAL USE
WITHIN THE AGRICULTURE ZONING DISTRICT (AB2002 -191D)
Caskey- Schreiber moved to withdraw to this item from the agenda.
Motion carried unanimously.
1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2003 ANNUAL
ROAD CONSTRUCTION PROGRAM (AB2002 -360)
Jim Karcher, Engineering Manager - Design /Construction, stated the
accomplishments of 2002 meshed over the years. This year the Engineering
Division completed Park Road, the Lake Terrell and Mountainview Road project, and
the Slater Road structural overlay. The Samish overlay is in progress now. They
load rated the High Bridge.
For 2003, they will do the Lake Terrell and Mountainview Road wetland
mitigation project, West Smith Road, Sunrise Road, Kwina Road, and Birch Bay -
Lynden /Portal Way intersection. They are also working on design for the High
Bridge replacement, Potter Road bridges, and the Hutchison Creek Bridge
replacement.
They will also continue with Lincoln Road, fish barrier removals, shoulder
widenings and trails, and West Badger Road.
Crawford asked if projects one through 28 will be done this year or moved
into next year. Karcher stated they probably won't get all done. They keep one
through 28 on the list because it is highly likely that the first seven or eight will be
constructed. The others will be based on the season and how much staff they have
available to work on other projects. Alternate projects will come forward if
permitting falls into place or if there is a safety issue.
McShane asked the cost of the Lake Terrell wetland mitigation. Karcher
stated the cost is about $150,000.
McShane stated there are quite a few things that pertain to item 16. He
asked if they will widen the shoulder for a bike path. Karcher stated it will include
curb, gutter, and sidewalk. It is in the urban growth area. It will be wide enough
for bicycles.
Whatcom County Council, 10/22/2002, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy asked how they get public, community, or neighborhood input on the
list. Karcher stated these projects are brought forward from the six -year
transportation improvement program (TIP), which requires a public hearing.
Typically, projects are prioritized on the six -year TIP, and brought forward on the
annual plan. There is also public input opportunity through this process.
Nelson opened the public hearing and, hearing no one, closed the public
hearing.
Brenner moved approval. She drove on the Park Road after it was repaired.
It was very impressive.
Roy stated that in Birch Bay, the community often feels that it is difficult to
give input on these projects. She urged the Engineering Division to communicate
with the communities as much as possible.
Nelson asked if the footbridge at Sudden Valley has been done. Karcher
stated Lake Louise is currently being surveyed. Lake Whatcom Boulevard is also
scheduled this year. He would look into it.
Jeff Monsen, Public Works Director, stated he will try to accelerate what pre -
engineering he can for that section of the Boulevard, if it is cost effective.
Karcher stated that as part of every project, the Engineering Division sends a
flyer out to a community with the survey crew. Staff usually hears from the public
because of that flyer. After the topographic survey, preliminary alignment, layout,
and right -of -way are determined, they usually hold an open house in the
community.
Roy asked if a project is too far down the track to change when the flyers go
out and they receive public concerns. Karcher stated it is not.
Motion to approve the resolution carried unanimously.
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT AMENDMENT BETWEEN
WHATCOM COUNTY PUBLIC WORKS AND NORTHWEST HYDRAULIC
CONSULTANTS, INC. FOR PHASE II WORK ON THE NOOKSACK RIVER
BANK STABILIZATION PROJECT NEAR RITTER ROAD, IN THE
AMENDED AMOUNT OF $93,785.70 FOR A TOTAL AMENDED
CONTRACT AMOUNT OF $134,303.65 (AB2002 -357)
Crawford reported for the Finance and Administrative Services Committee
and stated this item comes forward with no recommendation from the committee.
Whatcom County Council, 10/22/2002, Page 11
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Crawford moved to recommend approval.
McShane spoke against the motion. The countywide flood district generates
a lot of money. However, he is not sure this fits into what they should be doing.
The levee could fail. Even if that happens, they would not lose a lot of land. They
are asking taxpayers to spend a lot of money for a relatively small area.
Brenner stated she has seen the area when it floods. This has been on our
agenda for a lot of years. At one point, the Council declared it an emergency. If
the county gets a major flood, it would take out Ritter Road and part of Northwest
Road. It is in the public's interest to protect those roads.
Paula Cooper, River and Flood Division Manager, stated developing meander
limits is one component of the Flood Hazard Management Plan. They are also
trying to develop a long -term system of where the levees should be.
Fleetwood asked if the meander limits study would influence whether or not
this project is appropriate. Cooper stated it is possible. It will be at least a year
before that's done.
Roy stated she is against this proposal. There are people who have a great
deal of expertise who gave contradictory advice on what the County should do. For
half a million dollars, they don't have the solution nailed down. There are other
options.
Brenner stated this came forward as a compromise between people who are
involved. This is the one option out of all the options that had the most support.
Cooper stated the diking district supports the wing dam proposal.
Brenner stated it will take two or three years, not one year, to establish the
meander limits because it has already taken several years. Waiting until the
meander limits are set could be too late. The Council made this a priority. It is
important to get this project done. It can affect the northern end of Northwest
Road.
McShane asked when the dike was built. Cooper stated she guessed it was
done in the 1930's as a part of Roosevelt's Works Progress Administration (WPA).
Buzz Strickland, Diking District 3, stated he didn't know exactly when the
dike was built. The dike was there in 1938. In 1998, they could have put rip -rap in
the area, but the Department of Fisheries wouldn't let them do it. The Department
of Fisheries now suggests that they build pilings. Each time they wait on this
project, the price jumps up.
Caskey- Schreiber asked what happens to the other side of the river if they
put in the wing dam. Cooper stated the goal of the design is not to transfer the
Whatcom County Council, 10/22/2002, Page 12
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problem across the river. The wing dams would extend 30 feet into the river. The
opposite bank has rip -rap.
Nelson asked if this has a match from the diking district. Cooper stated it
does. It would qualify for the 85/15 cost share for the construction since there is
significant fisheries mitigation. One hundred percent of the design cost, which is
$94,000, will come from the flood funds. The 85/15 cost share would apply to the
$400,000 construction cost. This request is just for the design and permitting.
Motion to approve failed 3 -4 with Nelson, Crawford, and Brenner in favor.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.38 TO ADD
NEW TEXT TO THE AGRICULTURAL PROTECTION OVERLAY DISTRICT
(APO) TO ALLOW AN ADDITIONAL EXEMPTION TO THE APO
REQUIREMENTS (AB2002 -361)
McShane reported for the Planning and Development Committee and moved
approval.
Motion carried unanimously.
3. RESOLUTION APPROVING COUNCIL MEETING DATES FOR 2003
(AB2002 -352)
Crawford moved approval of the resolution that schedules Council meetings
on the second and fourth Tuesdays of the month, on Council packet page 309.
Fleetwood stated people are accustomed to the current schedule. It is easy
to remember.
Brenner stated people do get confused. Unless someone is involved with the
County Council, it's difficult for people to figure it out.
Caskey- Schreiber stated the Council Clerk and the administration prefer the
original schedule.
Roy stated the current schedule is confusing. In reality, the two calendars
are practically the same. The original calendar provides more time off in August.
Motion to approve the October 22 version of the resolution failed 2 -5 with
Crawford and Brenner in favor.
Nelson moved to approve the October 5 version of the resolution to meet
every other week.
Motion carried 6 -1 with Brenner opposed.
Whatcom County Council, 10/22/2002, Page 13
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DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE AMENDING THE RESOURCE LANDS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084T)
Roy reported for the Natural Resources Committee and stated this item was
recommended for approval.
Nelson questioned whether policy 8A -2(5) implies that the County would
provide development assistance to agricultural - related enterprises, which would
have fiscal impacts to the County.
Hal Hart, Planning and Development Services Director, stated the language
means that the County will continue to work with all the agricultural partners in the
community, including the extension office.
Nelson suggested that they amend that section, 'Encourage development
assistance..." and questioned whether that language change would require a public
hearing.
Sylvia Goodwin, Planning Division Manager, stated policy 8A -1 says the
County will work with agriculture conservation groups to develop a strategy, and
policy 8A -2 lists the things that the strategy should include. The strategy would
provide more detail on the development assistance.
Motion to move this item forward to the concurrency hearing carried
unanimously.
2. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING
AMENDMENT TO EXPAND A MINERAL RESOURCE LAND DESIGNATION
ALONG H STREET ROAD EAST OF BLAINE (JORDAN SITE) (AB2002-
084N)
Roy reported for the Natural Resources Committee and stated this item was
held.
3. ORDINANCE AMENDING THE SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM, CAPITAL FACILITIES CHAPTER AND TRANSPORTATION
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(AB2002 -084V)
Brenner reported for the Public Works and Capital Projects Committee and
stated this item was amended and approved.
(Clerk's Note: End of tape two, side A.)
Whatcom County Council, 10/22/2002, Page 14
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Brenner moved to amend the ordinance on Council packet page 115, last
paragraph regarding the Consolidated Services Building, "One of the proposed
projects in the Six -Year Capital Improvement Program is A Consolidated Services
Building which may be built in a location yet to be determined after
recommendations from the master facilities planning process and pubic input are
received." This will ensure that people understand that the County has not already
approved a consolidated services building. It is merely a proposal.
Crawford stated there would be a lot of changes similar to this motion. The
intent of the Public Works Committee was to not communication to the public
through the Capital Improvement Program that a decision has been made regarding
the consolidated services building. The Council is keeping the option open. The
public should understand that the decision on the building has not been made, but
it is an option that can be included in the plan. The administration did not have a
problem with the language changes. Having seen the evolution of this document,
Councilmember Brenner did a good job in making sure that language consistent
throughout.
Brenner stated the next amendment is on Council packet page 126,
Financing for Office Space Improvement Projects Serving Countywide Population,
"The overall cost of t-he a proposed Consolidated Services Building is...."
Brenner amended her motion to schedule a public hearing on November 26
with all proposed changes in the document.
Motion carried unanimously.
4. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO ADD 12 ACRES TO THE FERNDALE URBAN GROWTH AREA
(OLSON /NELLE SITE) (AB2002 -084D)
McShane reported for the Planning and Development Committee and stated
this was held in committee until November 26.
S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RR2, R2A AND RSA TO R2A, R4A, RF AND CF WITHIN
PORTIONS OF THE LAKE SAMISH WATERSHED AND AMENDING THE
WHATCOM COUNTY COMPREHENSIVE PLAN MAP DESIGNATION FROM
SUBURBAN ENCLAVE TO RURAL FOR AREAS WITHIN THE LAKE
SAMISH WATERSHED (AB2002 -084F)
McShane reported for the Planning and Development Committee and stated
this item was recommended for approval with the removal of the TDR program
provision, and the Council will need to schedule a public hearing.
Motion to hold a public hearing with the amendments carried 6 -1 with Nelson
opposed.
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Brenner moved include both the original and the alternate maps when they
hold the public hearing.
Motion carried 5 -2 with McShane and Roy opposed.
6. ORDINANCE AMENDING THE TRANSPORTATION CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084R)
McShane reported for the Planning and Development Committee and stated
this item was held in committee.
7. ORDINANCE AMENDING THE RECREATION AND DESIGN CHAPTERS
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084U)
McShane reported for the Planning and Development Committee and stated
this item was held in committee.
INTRODUCTION ITEMS
McShane moved to accept the Introduction Items.
Brenner moved to accept the substitute introduction item amending interim
composting regulations.
(Clerk's Note: The motion to include the substitute ordinance was not voted
on, but the Council concurred.)
Motion carried unanimously.
1. ORDINANCE PROPOSING REVISIONS TO WHATCOM COUNTY CODE
24.07, ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES
AND ABATEMENT (AB2002 -368)
2. ORDINANCE PROPOSING REVISIONS TO WHATCOM COUNTY CODE
20.92, HEARING EXAMINER (AB2002 -369)
3. ORDINANCE ADOPTING THE 2003 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2002 -370)
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
CONSERVATION FUTURES PURPOSES IN WHATCOM COUNTY,
WASHINGTON, FOR THE YEAR OF 2003 PURSUANT TO HOME RULE
CHARTER SECTION 6.10 (AB2002 -371
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S. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF
2003 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2002-
372)
6. ORDINANCE ADOPTING THE FINAL 2003 WHATCOM COUNTY BUDGET
AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN
(AB2002 -373)
7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND
STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE
YEAR OF 2003 PURSUANT TO HOME RULE CHARTER SECTION 6.10
(AB2002 -374)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.40, ON AN
INTERIM BASIS, TO ESTABLISH ADDITIONAL CRITERIA ON FOR THE
SITING OF COMMERCIAL MUSHROOM COMPOSTING AS A
CONDITIONAL USE WITHIN THE AGRICULTURE ZONING DISTRICT
(AB2002 -191F)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner stated she attended the salmon summit with several other
councilmembers. It was very upsetting to learn that the National Marine Fisheries
Service (NMFS) was promoting farm fishing, while admitting it might be risky to
wild stocks. She questioned why NMFS was requiring counties to spend a lot of
money to protect habitat for wild salmon while promoting farm fish, which could be
risky to wild stocks. They need to get a better commitment from NMFS.
ADJOURN
The meeting adjourned at 9:35
Jill Nixon, Minutes Transcription
These minutes were approved by Council on November 12 , 2002.
ATTEST: WHATCOM COUNTY COUNCIL
Whatcom County Council, 10/22/2002, Page 17
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WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair
Whatcom County Council, 10/22/2002, Page 18