HomeMy WebLinkAboutCouncil February 6 20011 WHATCOM COUNTY COUNCIL
2 Regular County Council
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4 February 6, 2001
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7 The meeting was called to order at 7:00 p.m. by Council L. Ward Nelson
8 Chair in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
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10 Also Present: Absent:
11 Dan McShane None
12 Marlene Dawson
13 Connie Hoag
14 Barbara Brenner
15 Sam Crawford
16 Robert Imhof
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19 ANNOUNCEMENTS
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21 Nelson announced that there was discussion with Senior Deputy
22 Prosecutor Dave Grant regarding potential pending litigation (AB2001-
23 018) regarding the Lummi tidelands issue.
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26 SPECIAL ORDER OF BUSINESS
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28 COUNCIL TO APPOINT ONE MEMBER TO SERVE ON THE ECONOMIC
29 DEVELOPMENT COUNCIL
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31 Nelson stated that Councilmember Dawson and Councilmember Crawford
32 were nominated at a previous meeting.
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34 Hoag voted for Dawson.
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36 Brenner voted for Crawford.
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38 Crawford voted for Crawford.
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40 Nelson voted for Crawford.
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42 Dawson voted for Dawson.
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44 McShane voted for Dawson.
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46 Imhof voted for Crawford.
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48 Crawford was appointed.
Regular County Council Meeting, 2/6/2001, Page 1
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APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS:
COMMITTEE OF THE WHOLE FOR DECEMBER 12, 2000, JANUARY 9
AND 23, 2001; REGULAR COUNTY COUNCIL FOR DECEMBER 12, 2000,
JANUARY 9 AND 23, 3000; BOARD OF HEALTH FOR DECEMBER 5,
2000; SPECIAL COUNTY COUNCIL FOR OCTOBER 25, 2000 (SANDELL
REZONE) AND JANUARY 16, 2001 (WATER RESOURCES WORK
SESSION)
McShane moved approval.
Brenner stated she submitted changes to scrivener's errors.
Motion to approve with the corrected scrivener's errors carried unanimously.
OPEN SESSION
The following people spoke:
Bill Gorman, Whatcom County Democratic Party Chairman, stated the
Whatcom County Democrats express their disapproval of Councilmember Dawson's
continuing effort to subvert the sovereignty of the Lummi Nation using the
resources, materials, staff, and official letterhead of Whatcom County. It is an
inappropriate and unacceptable use of her elected office. Councilmember Dawson
is the at -large representative. As such, she is tasked with representing all of the
community, not just a disgruntled group of property owners. They believe in the
right for private individuals to express their opinions and beliefs. However, the use
of her position as an official of Whatcom County to express her opinions on Lummi
Indian affairs and properties is outside the scope of her office and should stop. He
asked that the County Council direct Marlene Dawson to discontinue using official
materials in the authority of her elected office to attempt to influence Lummi Indian
affairs and to create an atmosphere of adverse public opinion toward the Lummi
people and their sovereign rights. Failure to take appropriate action on the part of
the County Council may incorrectly herald to the general public that the entire
Council endorses Councilmember Dawson's pronounced stances and positions
aimed at the Lummi Nation.
Dawson stated she would like to sit down with this gentleman at any time
and explain what the issues are. These are county residents under the jurisdiction
of the County and the state. They do not like having jurisdiction asserted over
them that is not legitimate. She welcomed Mr. Gorman to come into her office to
explain exactly how that is occurring. No one from the public had yet come to her
to discuss it.
Regular County Council Meeting, 2/6/2001, Page 2
1
2 CONSENT AGENDA
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Imhof reported for the Finance and Administrative Services Committee and
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moved
approval of Consent Agenda items one through six.
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Motion to approve items one through six carried unanimously.
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1.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND
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HUMAN SERVICES DEPARTMENT AND SEQUOIA HILL, INC. TO
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PROVIDE COMMUNITY ACCESS SERVICES TO PERSONS NOT ABLE TO
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ACCESS EMPLOYMENT OPPORTUNITIES, DUE TO THE SEVERITY OF
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DISABILITIES OR OTHER BARRIERS, IN THE AMENDED AMOUNT OF
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$21,314 FOR A TOTAL CONTRACT AMOUNT OF $40,729 (AB2001 -049)
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2.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
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CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
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HUMAN SERVICES DEPARTMENT AND THE DEPARTMENT OF HEALTH
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TO PROVIDE FUNDING FOR THE DELIVERY OF PUBLIC HEALTH
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SERVICES IN THE CONTRACT AMOUNT OF $732,411 (AB2001 -050)
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3.
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
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HUMAN SERVICES DEPARTMENT AND THE CITY OF BELLINGHAM TO
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PROVIDE SURVEYS OF EXISTING ON -SITE SEWAGE SYSTEMS IN THE
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LAKE WHATCOM WATERSHED AND CONTINUATION OF
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IMPLEMENTATION OF AN ON -SITE SEWAGE MAINTENANCE
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EDUCATION PROGRAM IN THE AMOUNT OF $88,424 (AB2001 -051)
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4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
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CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND
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HUMAN SERVICES DEPARTMENT AND CASCADE VOCATIONAL —
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INDIVIDUAL EMPLOYMENT, TO PROVIDE FOR PLACEMENT AND
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FOLLOW -UP SERVICES NECESSARY TO ASSIST INDIVIDUALS WITH
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DEVELOPMENTAL DISABILITIES TO OBTAIN AND CONTINUE
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EMPLOYMENT FOR REMUNERATION IN COMMUNITY EMPLOYMENT
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SETTINGS, IN THE AMENDMENT AMOUNT OF $15,294 FOR A TOTAL
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CONTRACT AMOUNT NOT TO EXCEED $72,733 (AB2001 -052)
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S.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
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CONTRACT AGREEMENT BETWEEN THE WHATCOM COUNTY
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TREASURER AND AUTOMATIC FUNDS TRANSFER SERVICES TO
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PROVIDE LOCK BOX PAYMENT PROCESSING FOR UP TO 150,000
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PROPERTY TAX AND SPECIAL ASSESSMENT PAYMENTS ANNUALLY, IN
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THE CONTRACT AMOUNT OF UP TO $20,000 (AB2001 -053)
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6.
RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY
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TAXES (AB2001 -054)
Regular County Council Meeting, 2/6/2001, Page 3
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3 OTHER ITEMS
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5 1. FUNDING PROPOSAL FOR RURAL COUNTY SALES TAX REVENUE
6 (AB2001 -043)
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8 Imhof reported for the Finance and Administrative Services Committee and
9 stated this item was discussed. A committee is working on this. Recommendations
10 are to come forward in the next month or two.
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12 2. REQUEST FROM THE PARKS AND RECREATION COMMISSION
13 REGARDING A LAND PURCHASE REQUEST FROM GARY GRAHAM
14 (AB2001 -046)
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16 Imhof reported for the Finance and Administrative Services Committee and
17 stated this item was withdrawn from the agenda by the Parks Department and will
18 come back at a later date.
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20 3. PROPERTY AND BOILER INSURANCE RENEWAL POLICIES SCHEDULED
21 FOR RENEWAL 2/20/01 (AB2001 -047)
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23 Imhof reported for the Finance and Administrative Services Committee and
24 stated the deductible was increased from $5,000 to $25,000. The rate increase
25 was 3.4 percent, which is pretty good. He moved approval of renewing the policy.
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27 Hoag expressed her concern about increasing the deductible amount of
28 $25,000. It seemed like a large liability.
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30 Brenner stated her house is not worth as much as the County buildings, and
31 she has a $25,000 deductible for earthquake damage. This is not out of line at all.
32 A deductible of $25,000 on the value of these buildings is a very small percentage.
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34 Motion carried unanimously.
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36 4. PROPOSED HAM ROAD GRAVEL CONVERSION PROJECT (AB2001 -048)
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38 Imhof reported for the Finance and Administrative Services Committee and
39 stated the committee voted to go forward with option one, as presented by County
40 Road Engineer Bruce Mills in his memo dated February 5, 2001 regarding this item.
41 The proposal would be to chip seal a portion of Ham Road in its present condition.
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43 Imhof moved to direct the Public Works Department to proceed with chip
44 sealing Ham Road, south of Bay Road, at the existing road width, given that it is a
45 low- volume dead end road already maintained by the County for nearly the entire
46 length of the road, and recognizing the financial participation in this project by
47 private parties consistent with the policy set forth in Whatcom County Code
48 (WCC)12.52.010.
Regular County Council Meeting, 2/6/2001, Page 4
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2 Brenner questioned whether the chip seal is on top of asphalt or gravel.
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4 Nelson stated it is already a gravel road.
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6 Hoag stated she attended the committee discussion. She was concerned
7 about option one. She preferred option two, which improves the width and sight
8 distance for the middle portion of the road. The middle portion of the road carries
9 traffic to the development, and the developer was required to build a road 24 feet
10 wide on the basis of the traffic that would be carried to the development. However,
11 the County is not upgrading its road to the same level. She did not support option
12 three because it is ridiculous for a dead end road. Option two is to improve the
13 middle portion of the road so the road is the same width for the entire length. If
14 the County requires that width from the developer, the same amount of traffic will
15 cross the middle portion, and the County should bring it up to the standards.
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17 Hoag offered a friendly amendment to approve option two instead.
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19 Imhof did not accept the motion.
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21 Nelson stated spending $145,000 more for eleven users is not worthwhile.
22 As development occurs, those sections of road would have to be upgraded.
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24 Brenner stated the developer had no choice to build to that standard because
25 it is the County's standard. This is an existing road. If the road never gets to be
26 very busy, the County should continue to leave it as it is. She liked the idea of
27 keeping roads that are traveled less scaled down. Many of the County's standards
28 are causing them to pave over too much.
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30 Hoag agreed with the sentiment, but it's odd that the County would have a
31 double standard for this area by requiring the developer to develop to 24 -feet wide
32 for the same amount of traffic for which the County doesn't have to develop.
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34 Motion carried 6 -1 with Hoag opposed.
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36 S. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
37 TITLE 20, CHAPTER 20.40, AGRICULTURE DISTRICT (AB2000 -342)
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39 McShane reported for Planning and Development Committee and stated this
40 item is held in committee. The committee worked on clarifying language so it was
41 understood, and took public comment.
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43 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
44 TITLE 20, CHAPTER 20.38, AGRICULTURE PROTECTION OVERLAY, TO
45 ENHANCE THE APO COMPLIANCE WITH THE GROWTH MANAGEMENT
46 ACT, THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE
47 COUNTY -WIDE PLANNING POLICIES; TO CLARIFY; AND TO ENHANCE
48 PROTECTION OF AGRICULTURE LANDS (AB2000 -356)
Regular County Council Meeting, 2/6/2001, Page 5
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McShane reported for Planning and Development Committee and stated this
item is held in committee.
7. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL (ON REMAND) OF A PLANNED UNIT DEVELOPMENT, FILED
BY ALLIANCE PROPERTIES INCORPORATED FOR " "WILD ROSE HILLS"
(PUD00 -0002 AND LSS00 -0003) (AB2000 -432)
McShane reported for Planning and Development Committee and moved to
approve.
Motion carried unanimously.
S. APPOINTMENT TO THE WHATCOM COUNTY PLANNING COMMISSION
(AB2000 -326)
Crawford nominated Albert Schreiber.
Hoag nominated John Belisle.
Imhof voted for Schreiber.
Hoag voted for Belisle.
Nelson voted for Schreiber.
Dawson voted for Schreiber.
McShane voted for Belisle.
Brenner voted for Schreiber.
Crawford voted for Schreiber.
Albert Schreiber was appointed.
Hoag stated she was very impressed with the credentials of the people who
were willing to serve and she thanked them for their time.
9. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT
BRADLEY SWANSON TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (TAC) (AB2001 -055)
Imhof moved to approve.
Motion carried unanimously.
Regular County Council Meeting, 2/6/2001, Page 6
1 10. REQUEST CONFIRMATION FOR THE EXECUTIVE TO REAPPOINT DR.
2 EMIL HECHT AND MARTY SNYDER TO THE BELLINGHAM - WHATCOM
3 COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE (AB2001-
4 056)
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6 Imhof moved to approve.
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8 Motion carried unanimously.
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10 11. APPOINTMENT TO THE NOXIOUS WEED CONTROL BOARD (AB2001-
11 326B)
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13 McShane moved to appoint Dale Yoder.
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15 Hoag questioned whether there were two openings or if the incumbent was
16 being replaced.
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18 Crawford stated the incumbent was appointed in December. There were
19 probably two positions.
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21 Motion carried unanimously.
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24 INTRODUCTION ITEMS
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26 Imhof moved to accept the Introduction Items.
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28 Hoag added an additional Introduction Item regarding a moratorium of power
29 transmission lines.
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31 Motion to accept the Introduction Items, including the added item, carried
32 unanimously.
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34 1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
35 FILE NO. APL2000- 00009, FILED BY JONATHAN SITKIN FOR ROBERT
36 AND SUSAN BROOKS, REGARDING THE WHATCOM COUNTY
37 SHORELINE ADMINISTRATOR'S DETERMINATION OF
38 NONCONFORMANCE (AB2001 -032)
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40 2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
41 FILE NO. APL2000- 00009, FILED BY ROBERT CARMICHAEL FOR DON
42 MONTFORT, JULIE VIERECK, AND MRS. STEGMAN, REGARDING THE
43 WHATCOM COUNTY SHORELINE ADMINISTRATOR'S DETERMINATION
44 OF NONCONFORMANCE (AB2001 -032A)
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46 3. ORDINANCE AMENDING THE 2001 BUDGET, REQUEST NO. 2 (AB2001-
47 057)
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Regular County Council Meeting, 2/6/2001, Page 7
1 4. ORDINANCE IMPOSING MORATORIUM ON CUP'S FOR ELECTRICAL
2 POWER TRANSMISSION LINES (AB2001 -060)
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4 OTHER BUSINESS
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6 McShane reported for the Natural Resources Committee regarding the report
7 from Henry Bierlink on the starling program (AB2001 -044). The committee
8 unanimously recommended that the full funding set aside in the budget be released
9 to the program. He so moved.
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11 Nelson stated he would schedule an educational program with Puget Power
12 regarding power usage and resources in the community, state, and region.
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14 Hoag stated she could not attend the Natural Resources Committee meeting,
15 but went to the starling program presentation at a conservation dinner. She fully
16 supported the starling program.
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18 Motion carried unanimously.
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20 Brenner stated the County Council approved an agreement to allow a local
21 improvement district (LID) in Birch Bay for the Water and Sewer District. There
22 was a lot of discussion about whether or not they should force people into the
23 district. She met with some people who live near Birch Bay now, and it is a difficult
24 situation. She requested direction from the Council to work with the Prosecutor's
25 Office. The Water and Sewer District are foreclosing on people. When someone
26 gets a special benefit, he or she is supposed to only be assessed on the special
27 benefit. One is not allowed to be assessed, according to the state law, for the total
28 value of property, just on the value of the improvements. The value of the
29 improvements was from $2,500 and $4,000 according to the County Assessor. The
30 people are being assessed at the full value of their total property. An elderly
31 woman is under foreclosure right now. There are several foreclosures in process.
32 She would like the Council to look into this with legal counsel. They have forced
33 their constituents into this.
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35 Nelson suggested she get the information from the attorney so the Council
36 can have all the information.
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38 Hoag spoke on the Judson Lake proposal to mine gravel on the Canadian side
39 of the lake. It has come to their attention that the proponent is moving forward on
40 it with a letter from the Planning Department from someone who is new with the
41 department and didn't know the situation. She received a letter from the City of
42 Sumas that says the license is pending on this. The proposal could drain the
43 county's portion of the lake. It is an 83 -acre lake with 2/3 of it in the United
44 States. She would like the Council or a delegate to write a letter of concern to the
45 City of Abbottsford and any agencies involved in the permitting process.
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Regular County Council Meeting, 2/6/2001, Page 8
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Brenner stated the Council wrote a letter a while back. They should write a
new letter and enclose the previous letter. She questioned whether there is any
way to get the message to all the agencies working on this.
Hoag stated they did, but the proponent came in to the Planning Department
and got a letter that Whatcom County was no longer concerned about the problem.
Nelson moved to resubmit the previous letter with a new letter to all the
agencies involved.
Motion carried 6 -0 -1 with Crawford abstaining.
Crawford stated he abstained because he didn't think he voted on the original
and didn't know anything about it.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Imhof thanked the public, County Council, and Council staff for their well
wishes and prayers.
Hoag stated it was good to have Councilmember Imhof back.
McShane stated that the Energy Facility Site Evaluation Council ( EFSEC)
would be voting the following day on the environmental impact statement. On
Friday, February 16, EFSEC would vote on the order in the County Council
chambers.
ADJOURN
The meeting adjourned at 7:39 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on February 20_, 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Regular County Council Meeting, 2/6/2001, Page 9