HomeMy WebLinkAboutCouncil September 25 20011 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 September 25, 2001
5
6
7 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
8 Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
9
10 Also Present: Absent:
11 Dan McShane None
12 Marlene Dawson
13 Barbara Brenner
14 Sam Crawford
15 Robert Imhof
16 Connie Hoag
17
18 SPECIAL PRESENTATION
19
20 JOINT RESOLUTION OF THE WHATCOM COUNTY COUNCIL AND THE
21 COUNTY EXECUTIVE DENOUNCING HATE CRIMES AGAINST ARAB -
22 AMERICANS (AB2001 -324)
23
24 Pete Kremen, County Executive, read the resolution into the record.
25
26 Nelson moved approval of the resolution.
27
28 Motion carried unanimously.
29
30
31 ANNOUNCEMENTS
32
33 Nelson announced that there was consideration of appeal of Hearing
34 Examiner's decision on "The Logs Resort," file no. APL99 -0008, filed by
35 Whatcom County Planning and Development Services (AB2001 -218) in
36 executive session during the Committee of the Whole meeting; and also
37 consideration of appeal of Hearing Examiner's decision on "The Logs
38 Resort," file no. APL99 -0008, filed by Washington State Department of
39 Ecology (AB2001 -218A) in executive session during the Committee of the Whole
40 meeting.
41
42 Imhof moved to overturn the Hearing Examiner's decisions on both cases
43 regarding The Logs Resort.
44
45 Motion carried 6 -1 with Crawford opposed.
46
47
48 APPROVAL OF MINUTES
Regular County Council, 9/25/2001, Page 1
1
2 COMMITTEE OF THE WHOLE FOR SEPTEMBER 11, 2001; REGULAR
3 COUNTY COUNCIL FOR SEPTEMBER 11, 2001
4
5 Dawson moved to approve the minutes.
6
7 Motion carried 6 -0 -1 with Brenner abstaining.
8
9
10 OPEN SESSION
11
12 The following people spoke:
13
14 Joe Deeny, 2104 Wilson Avenue, Bellingham, stated he represented the
15 Whatcom Human Rights Task Force. Regarding the joint resolution denouncing
16 hate crimes. A goal of terrorism is to divide the people within. Everyone in the
17 country was a target of these attacks. They must be vigilant that these attacks do
18 not make people in America doubt each other. Do not pit American against
19 American. It is time to show they are one nation, and one community. We must
20 educate ourselves to understand our different cultures, religions, and ethnicities.
21 Individuals often feel helpless in such tragic and huge events. City councils in the
22 county have already passed or will pass similar resolutions. These resolutions help
23 empower the citizens and their representatives to make a difference in the future.
24 They have strength through solidarity and diversity. He thanked the Council and
25 Executive Kremen.
26
27 Mike Bezona, 2233 Lummi Shore Road, Bellingham, stated he makes a plea
28 to the County Council to send out a letter he has written to the U.S. Department of
29 Justice regarding a lawsuit on the Lummi Indian Reservation. He read the letter
30 into the record. He provided copies of the letter to the clerk (on file).
31
32 Arthur Wilkowski, 193 Donagol, Point Roberts, stated tightened border
33 security has effects on Point Roberts. Residents and businesses on Point Roberts
34 rely on expedient border crossings. Business revenues are down 50 percent from a
35 year ago. Six real estate transactions have been cancelled in the last week. The
36 cost of bringing goods onto the Point is going up. A large amount of people
37 commute to Blaine or Bellingham. That half -hour commute has become three and
38 four hours. Another issue is the large portion of seniors trying to go to weekly
39 doctor appointments. Parents can't attend their children's school events. This
40 situation is having a profound impact on this community.
41
42 Brenner proposed writing a letter to the federal government asking them to
43 consider helping financially with the community, like they're doing for the airlines.
44
45 Wilkowski suggested more staffing at the border so that the waits are not as
46 long. There are 9,000 immigration officials staffing the Mexican border, and 500
47 staffing the Canadian border. The structural capacity exists, they just need to staff
48 the extra lines. They need to continue the PACE lane.
Regular County Council, 9/25/2001, Page 2
1
2 Pete Kremen, County Executive, explained that he has already been working
3 on the issue with Congressman Rick Larsen. They were considering employing the
4 Plover, the boat from Blaine, to make a run twice a day. However, the owner of the
5 vessel explained that it isn't a very feasible plan. It would take at least two hours
6 each way for the vessel. There is a disparity of the number of staff of the southern
7 border compared to the northern border. Attorney General Ashcroft has asked for a
8 staffing increase at the northern borders from 500 to 9,000 people. The economic
9 impacts to this community are going to be greater than most other communities in
10 the country, according to the Office of Financial Management from the governor's
11 office. A letter from the County Council is appropriate and welcome.
12
13 Nelson stated there are also positive results from the economic impacts.
14 They will slow down the drug trafficking. They need to focus on the difficulties.
15 Maine is similar to Washington, and those two state's are unique. This issue
16 creates impacts on citizens. Find a mechanism to accommodate the citizens. There
17 is concurrence of the Council to send a letter.
18
19 Hoag stated she supported the idea of requesting more personnel. Beyond
20 that, she wanted to see the letter.
21
22 Crawford agreed.
23
24 Brenner stated that she and Kremen will work together on the letter.
25
26
27 PUBLIC HEARING
28
29 1. ORDINANCE AMENDING THE TEXT OF WHATCOM COUNTY CODE 8.10
30 SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION (AB2001-
31 306)
32
33 Dan Gibson, Senior Civil Deputy Prosecutor, gave a staff report and stated
34 the Council made changes on July 24, 2001 to the solid waste ordinance as it
35 pertained to recycling in Point Roberts. Subsequently, staff at the Utilities and
36 Transportation Committee (UTC) reviewed the ordinance and has made comments.
37 This ordinance comes back to the Council with a recommendation for the changes
38 suggested by the UTC staff. In the last Council packet, there was a letter from a
39 UTC staff person. In preparing for this evening, he looked at the letter and noticed
40 it is not in the Council's packet, so he has distributed it. The comments of UTC
41 focused on maintaining a clean definition of nonresidential account, so they don't
42 mix in seasonal homes into a definition of a nonresidential account. Other
43 comments regarded the fact that it is the UTC that exercises rate - setting authority,
44 and not the County. The changes were made in that spirit.
45
46 Brenner asked for clarification on using the term "seasonal vacation or
47 weekend home." Gibson stated the issue was not a matter of using the term. The
Regular County Council, 9/25/2001, Page 3
1 issue was a matter of adding that to the definition of nonresidential account, which
2 would put it off limits.
3
4 Brenner suggested calling it seasonal vacation or weekend home account
5 instead of a nonresidential account. Gibson stated it is addressed by having that
6 definition under section J, and then it is picked up in Whatcom County Code (WCC)
7 section 8.10.050.
8
9 Brenner questioned whether the term "seasonal vacation or weekend home"
10 is completely eliminated from the ordinance. Gibson stated section J maintains that
11 definition. It is used subsequently in WCC 8.10.050(K) to indicate that there is an
12 exemption from regular pick -up for those types of homes.
13
14 Hoag questioned whether the recommendations in the letter are the same as
15 the changes in the Council packet for adoption. Gibson stated one recommendation
16 was not in the letter, but it came via email. The changes are in the packet. In
17 WCC 8.10.040(A), there was a recommendation of the addition of a surcharge.
18 That was addressed outside of the letter, but in an email from the UTC.
19
20 Hoag asked why the Federal Aviation Administration (FAA) is involved.
21 Gibson stated he suspected there was a rider attached to a federal bill.
22
23 Nelson opened the public hearing and the following people spoke:
24
25 Arthur Wilkowski, Point Roberts, spoke in favor of the ordinance. Regarding
26 the FAA, there was an issue of commerce of goods. It deregulated commercial
27 recycling in Washington State based on this law that was passed.
28
29 These are good changes and a good compromise. He thanked Executive
30 Kremen and his staff for their hard work putting this together. He did not envision
31 this solution when they began the process. He also thanked Councilmembers
32 Brenner, Crawford, and Dawson for visiting Point Roberts to meet the people.
33
34 Hearing no one else, Nelson closed the public hearing.
35
36 Brenner moved to adopt the ordinance with the changes recommended by
37 the UTC.
38
39 Crawford stated the letter from the UTC is constructive. It's nice to have
40 something from the state that is constructive, and doesn't tell the County how to do
41 things. It pointed out a couple of discrepancies that needed to be cleared up. Not
42 all state agencies write the County letters in this same vein. It makes for better
43 laws.
44
45 Motion to adopt carried unanimously.
46
47 2. ORDINANCE REGARDING THE DISPOSITION OF CERTAIN FIREARMS
48 IN THE CUSTODY OF THE WHATCOM COUNTY SHERIFF (AB2001 -307)
Regular County Council, 9/25/2001, Page 4
1
2 Nelson opened the public hearing and, hearing no one, closed the public
3 hearing.
4
5 Hoag moved to adopt the ordinance.
6
7 Imhof stated nothing in the County Code says what to do with firearms in the
8 possession of the Sheriff. This is just for clarification and gives authority to the
9 Sheriff for that purpose.
10
11 Hoag stated the ordinance always specifies how the firearms are disposed of.
12
13 Crawford questioned what Chapter 9 of the Whatcom County Code is
14 regarding.
15
16 Dana Brown - Davis, Clerk of the Council, stated Chapter 9 is regarding Public
17 Peace, Morals, and Welfare.
18
19 Crawford stated that entire chapter could use a good code scrub and rewrite.
20 It is a catchall for 40 years of weird legislation.
21
22 Motion carried unanimously.
23
24 3. ORDINANCE ORDERING THE CLOSURE OF COTTONWOOD DRIVE AT
25 MORGAN DRIVE BETWEEN BIRCH BAY DRIVE AND BIRCH BAY -
26 LYNDEN ROAD TO VEHICULAR TRAFFIC (AB2001 -303A)
27
28 Bruce Mills, Assistant Director of Engineering, gave a staff report. Citizens
29 brought a petition to the Council in July asking to close Cottonwood Road at Morgan
30 Drive. Engineering did a study on the area. During peak hour, 90 percent of the
31 traffic on the road is pass- through traffic using it as a short cut. He recommends
32 closing the road to vehicular traffic, and leave it open to pedestrians. His reasons
33 are in his report.
34
35 Nelson opened the public hearing and the following people spoke:
36
37 Janice Porter, 8112 Birch Bay Drive, Blaine, stated she supports closing the
38 road. It is very dangerous due to speeding motorists. There are seniors walking
39 dogs and riding bikes at any given time. Kids ride on scooters and skateboards in
40 the summertime. She has trouble just pulling out of her parking area because of so
41 many speeding vehicles.
42
43 Patrick Alesse, 4825 Alderson Road, stated he supports closing the road. It
44 is a local street being used as a through street because of a bigger problem at Birch
45 Bay Drive. As more and more homes are built, more people will want to come
46 down Birch Bay Drive, up Morgan Street, and over Cottonwood Drive. A stop sign
47 on Birch Bay Drive at Shintaffer Road may help the total problem. Birch Bay is
Regular County Council, 9/25/2001, Page 5
1 going through a planning process now. A traffic report will be done in October or
2 December.
3
4 Cathy Cleveland, 4961 Morgan Drive, stated she supports closing the road
5 and submitted notes from area residents who feel the same and who couldn't
6 attend the meeting due to a Birch Bay planning meeting.
7
8 Crawford asked if there are any comments in support of keeping the road
9 open. Cleveland stated there are not.
10
11 Hearing no one else, Nelson closed the public hearing.
12
13 McShane moved to adopt the ordinance.
14
15 Crawford questioned whether bicycles can still go through. Mills stated they
16 can still go through.
17
18 Nelson questioned whether the County will maintain the right -of -way. Mills
19 stated the County will maintain the right -of -way. There is a driveway near the end,
20 and the County will maintain to there. They will install some sort of concrete
21 barricade for cars, but that allows pedestrians and bicycles.
22
23 Brenner stated they don't need to maintain it like a road that is driven on.
24 Mills stated that is correct.
25
26 Motion carried unanimously.
27
28
29 CONSENT AGENDA
30
31 Imhof reported for the Finance and Administrative Services Committee and
32 moved approval of Consent Agenda items one, three, and four.
33
34 Motion carried unanimously.
35
36 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
37 CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
38 STATE DEPARTMENT OF ECOLOGY CONSERVATION CORPS,
39 COORDINATED BY THE NOOKSACK ENHANCEMENT ASSOCIATION
40 FOR SALMON RECOVERY ACTIVITIES THROUGHOUT THE COUNTY, IN
41 THE CONTRACT AMOUNT OF $50,000 (AB2001 -315)
42
43 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
44 GRANT AGREEMENT BETWEEN WHATCOM COUNTY PUBLIC WORKS
45 AND THE CITY OF BELLINGHAM TO PROVIDE FUNDS FOR THE JOINT
46 INSTALLATION AND MAINTENANCE OF A BENEFICIAL RE -USE
47 FACILITY FOR STREET WASTES IN THE CONTRACT AMOUNT OF
48 $150,000 (AB2001 -316)
Regular County Council, 9/25/2001, Page 6
1
2 Imhof stated that this has been held in committee for two weeks so the
3 Public Works Department can look at a privately owned site in the county to see if it
4 would be sufficient for the need. They will revisit this issue in two weeks.
5
6 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
7 CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND THE HOME
8 PORT LEARNING CENTER TO PROVIDE ALTERNATIVE EDUCATION TO
9 YOUTH IN THE JUVENILE JUSTICE PROGRAM, IN THE CONTRACT
10 AMOUNT OF $63,000 (AB2001 -317)
11
12 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
13 GRANT AGREEMENT BETWEEN WHATCOM COUNTY JUVENILE
14 SERVICES DEPARTMENT AND THE WHATCOM COUNTY DISPUTE
15 RESOLUTION CENTER TO ADDRESS THE NEEDS OF YOUTHFUL
16 OFFENDERS AND HIGH -RISK GIRLS, IN THE GRANT AMOUNT OF
17 $50,000 (AB2001 -318)
18
19
20 OTHER ITEMS
21
22 1. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE
23 PLAN RELATING TO THREATENED AND ENDANGERED SPECIES
24 (AB2001 -310A)
25
26 McShane reported for the Natural Resources Committee and stated this item
27 has been held in committee for two weeks. They discussed the staff report and
28 comments from the Building Industry Association and clarified questions. At the
29 next meeting, they will clarify more questions and begin to make amendments.
30
31 Crawford questioned whether the public can speak to this issue at the
32 committee in two weeks.
33
34 McShane stated the public can speak then. There will be a mineral resources
35 land Comprehensive Plan amendment first on the agenda.
36
37 Brenner questioned whether there will be a hearing on this item.
38
39 McShane stated there would be if they make any changes to the Planning
40 Commission recommendation.
41
42 Hoag stated she is in favor of holding a public hearing. She is appalled by
43 the changes that have been proposed. The changes are supposed to better protect
44 endangered species. The kinds of changes that are suggested are taking away the
45 protections. She is disgusted.
46
47 2. ORDINANCE AUTHORIZING THE SHERIFF TO DEVELOP INMATE WORK
48 CREWS (AB2001 -308)
Regular County Council, 9/25/2001, Page 7
1
2 Imhof reported for the Finance and Administrative Services Committee and
3 stated the committee didn't get around to taking a vote on this. It is a clarification
4 issue. The County already has the work crews in place. This is something the state
5 said the County must get from the County legislative authority. He moved
6 approval.
7
8 Motion carried unanimously.
9
10 3. ORDINANCE AMENDING THE 2001 BUDGET, REQUEST #9 (AB2001-
11 309)
12
13 Imhof reported for the Finance and Administrative Services Committee and
14 moved approval of the substitute ordinance, as presented in committee. He
15 explained the three items.
16
17 Motion carried unanimously.
18
19 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
20 MAP, THE WHATCOM COUNTY COMPREHENSIVE PLAN MAP, AND THE
21 TEXT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN TO
22 ESTABLISH A PROVISIONAL URBAN GROWTH AREA AT SUDDEN
23 VALLEY (AB2001 -310B)
24
25 McShane reported for the Planning and Development Committee, which does
26 not have a recommendation. They will need to have a public hearing on this issue.
27
28 (Clerk's Note: End of tape one, side A.)
29
30 Crawford moved to accept the Planning Commission recommendation.
31
32 Brenner stated she wanted to have a public hearing. Issues were brought up
33 about this that needed to be addressed before establishing a provisional urban
34 growth area. She didn't see that those issues were addressed. One issue was
35 regarding the financial feasibility of Sudden Valley becoming a city, without
36 developing it.
37
38 Nelson stated that Comprehensive Plan amendments need to be approved
39 concurrently. The appropriate motion would be for the Council to approve this item
40 to go forward with it as a Comprehensive Plan amendment.
41
42 Hoag stated that because the Comprehensive Plan amendments have to be
43 approved concurrently, all they are asking for tonight is a discussion. If the entire
44 Council agrees to the Planning Commission recommendation, then no hearing
45 needs to be scheduled. She would support having a motion.
46
Regular County Council, 9/25/2001, Page 8
1 Imhof stated that the appropriate motion is to agree with what the Planning
2 Commission recommended, and include their recommendation on this issue with
3 the batch of Comprehensive Plan amendments for a concurrent vote.
4
5 Crawford stated the Planning Commission process for Comprehensive Plan
6 amendments was to discuss and vote on the merits of each proposal, and not have
7 a final vote until the concurrency hearing. During the concurrency hearing, they
8 only discussed concurrency issues, not on the merits of the proposals.
9
10 Sylvia Goodwin, Planning Division Manager, stated the Council could move to
11 accept the Planning Commission recommendation and move it forward without a
12 hearing.
13
14 Crawford amended his motion to accept the Planning Commission
15 recommendation and move it forward to the concurrency meeting without a
16 hearing.
17
18 Dawson agreed with the motion. The committee discussed extensively the
19 cost to the Sudden Valley Community Association. They are going to continue to
20 collect association dues. By incorporating, they will get road funds from the County
21 in the amount of about $500,000. With the loss of about 1,400 lots and associated
22 dues through the density reduction program, they cannot maintain the roads on
23 dues alone. As a city, they will get money from the state. They've been looking at
24 similar cities in the state. Fifty percent of their land is in open space. Their goal is
25 to continue to be good stewards of the watershed. That has been their goal from
26 day one. They need help to maintain the roads if they are not going to get the
27 dues from those lots.
28
29 Brenner stated the cities of Everson and Nooksack don't have the same
30 prohibitions on increasing density as Sudden Valley does. If they can feel they can
31 incorporate successfully, they should be able to show the Council.
32
33 Crawford stated that information has been submitted into the record. It is
34 not in the Council packet.
35
36 Goodwin stated the Sudden Valley Community Association provided a lot of
37 information.
38
39 Nelson stated the association is asking to go through that process of finding
40 out if it is financially viable. They have done as much work on the proposal as they
41 can. Incorporation would still have to go through the public process and to the
42 voters of Sudden Valley.
43
44 Hoag stated the law requires that the Council consider the Comprehensive
45 Plan amendments concurrently so it can consider what the impacts are at the same
46 time. It is not appropriate at this time to single something out and vote on
47 approval. It would be more appropriate to schedule a hearing to discuss the pros
Regular County Council, 9/25/2001, Page 9
1 and cons of this issue. When they do consider this concurrently with the other
2 Comprehensive Plan amendments, they will know what the pros and cons are.
3
4 McShane stated the financial numbers submitted are not any more updated
5 than when the Council originally docketed this item. There was a cursory
6 discussion with the Sheriff's Office that didn't appear to go anywhere. When this
7 came before the Council for docketing, a number of people from Sudden Valley
8 were present in support of this. Today, only two people came. They didn't get
9 much input. He heard that one of the board members doesn't think becoming a
10 city is a viable option. He'd like to get more citizen input. He is not sure the city
11 would be financially viable. Because Lake Whatcom is the sole source of drinking
12 water for the City of Bellingham, the City of Bellingham should be part of an
13 interlocal agreement with Sudden Valley and Whatcom County for ensuring that the
14 densities in Sudden Valley will remain what they are after they become a city.
15
16 Crawford stated there was a public hearing on this that was very well
17 publicized. The press covered it. It was very well attended. The public has had its
18 say. It is on the record. Today's Planning and Development Committee meeting
19 was not publicized other than the agenda. The Planning Commission public hearing
20 on this was during the summer. It was a big deal.
21
22 Brenner spoke in favor of holding a public hearing on this issue. She is
23 undecided on the amendment. She wanted to hear from the people involved before
24 she makes up her mind.
25
26 Dawson stated she is ready to make a decision. The residents of Sudden
27 Valley will vote on incorporation. That is where the Council needs to focus its
28 attention. To get refined numbers, they need to pass this ordinance. This
29 ordinance gives them the direction to refine the details and let the people of
30 Sudden Valley determine their destination.
31
32 Nelson stated they could have a hearing, but they don't have the information
33 for the public to react to. The process here is to allow this to go forward so Sudden
34 Valley can get that information for the public. Then, the public can respond to
35 information. To have a hearing now will just produce the same questions.
36
37 Dawson stated they would have five years to work on getting the
38 information. If they don't achieve incorporation, it reverts back to a non -urban
39 growth area.
40
41 Brenner stated they need to have a hearing at the point it is solidified. This
42 is a big decision. All the money spent going through this five -year process will
43 make it difficult to back away from it if it is not feasible. Her only concern is about
44 feasibility without increasing density.
45
46 Nelson stated that the citizens of Sudden Valley, through their own elected
47 board, have made this determination. They want the chance to make the decision
Regular County Council, 9/25/2001, Page 10
and see if it is feasible. That is appropriate for the citizens of the area to see if it is
feasible.
Brenner questioned what would happen if Sudden Valley incorporates and it
doesn't work. She questioned whether they could unincorporate.
Dave Grant, Senior Civil Deputy Prosecutor, stated he didn't know.
Nelson stated that if the public was that unsure, they wouldn't approve the
incorporation. If the numbers indicate that they should incorporate, there are
communities all over who have failed.
Grant stated there must be a provision to unincorporate.
Hoag stated that when cities are short of money, they cut back on services.
This is a community that is right on Austin Creek and Lake Whatcom. The question
of feasibility is a big question. The concern is not whether or not they will go
bankrupt, but the protections they will provide. Increasing density is something
cities do to bring in more revenues when things are hurting. A representative from
Sudden Valley expressed a willingness to lock in the density.
Dawson stated that locking in the density is in the proposed interlocal
agreement.
Hoag stated that is not in the Council packet. The decision they make should
be based on full information, not a shortage of information. If they are going to
err, then err on the side of prudence. Schedule a public hearing. The Council has
not had a public hearing. On an issue of this consequence, it would be prudent to
have a hearing. She applauded Sudden Valley for its efforts. However, people with
financial troubles will sell out. The information in the Council packet is no
guarantee.
Nelson stated that Sudden Valley people are trying to say exactly that. They
are running into financial troubles. They are trying to reduce density. They have
done a great deal to reduce those densities. They are going towards a goal of
reducing density by 1,400 lots. That has a great impact upon their dues system,
which is how they pay for the infrastructure.
Brenner stated she wanted an answer on whether they can unincorporate.
Also, she didn't want the County to be required by some law to let Sudden Valley
increase their density if bankruptcy was impending. Grant stated he doubted that
the County had to let them expand their density.
Hoag stated a city controls its own density.
Grant stated that if they want to go bankrupt, they could apply for that.
Regular County Council, 9/25/2001, Page 11
1 Goodwin stated part of the ordinance was that the County would first form an
2 interlocal agreement with Sudden Valley so they couldn't increase density or reduce
3 environmental standards. Until that's in place, Sudden Valley cannot be
4 incorporated. She would do some research on the process of unincorporation.
5
6 Hoag questioned policy 2Z -24 on Council packet page 200. She questioned
7 what happens if Sudden Valley and the County do not agree on an interlocal
8 agreement.
9
10 McShane stated they wouldn't be in compliance with the Comprehensive
11 Plan.
12
13 Grant stated they don't go forward with incorporation if there is no interlocal
14 agreement.
15
16 Dawson stated the County has the final say. That is why the City of
17 Bellingham can't be involved.
18
19 Nelson restated the motion to move the ordinance forward without a public
20 hearing, to the concurrency hearing.
21
22 Motion carried 5 -2 with Brenner and McShane opposed.
23
24 S. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON
25 "'THE LOGS RESORT," FILE NO. APL99 -0008, FILED BY WHATCOM
26 COUNTY PLANNING AND DEVELOPMENT SERVICES (AB2001 -218)
27
28 See "Announcements."
29
30 6. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON
31 " "THE LOGS RESORT," FILE NO. APL99 -0008, FILED BY WASHINGTON
32 STATE DEPARTMENT OF ECOLOGY (AB2001 -218A)
33
34 See "Announcements."
35
36 7. APPOINTMENT TO THE UTILITIES PLANNING AND ADVISORY
37 COMMITTEE (AB2001 -314)
38
39 Crawford moved to re- appoint Dick Gilda.
40
41 Motion carried unanimously.
42
43 8. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
44 KENNETH CULVER AND PEGGY ZORO TO THEIR FIRST FULL TERMS ON
45 THE ESSENTIAL PUBLIC FACILITIES ADVISORY COMMITTEE
46 (AB2001 -319)
47
48 Crawford moved to confirm the Executive's appointments.
Regular County Council, 9/25/2001, Page 12
1
2 Motion carried unanimously.
3
4 9. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
5 NATALIA CALHOUN AND DIANE WOOD TO THEIR FIRST FULL TERMS
6 ON THE BELLINGHAM - WHATCOM COUNTY COMMISSION AGAINST
7 DOMESTIC VIOLENCE (AB2001 -320)
8
9 Hoag moved to confirm the Executive's appointments.
10
11 Motion carried unanimously.
12
13
14 INTRODUCTION ITEMS
15
16 Imhof moved to accept the Introduction Items.
17
18 Motion carried unanimously.
19
20 1. ORDINANCE REGARDING ESTABLISHING THE SPEED LIMIT ON
21 HAXTON WAY (AB2001 -321) (HEARING TO BE SCHEDULED)
22
23 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.71.603, WATER
24 PROTECTION OVERLAY DISTRICT (AB2001 -322)
25
26 3. ORDINANCE ESTABLISHING A $20.00 PETTY CASH REVOLVING FUND
27 FOR THE COUNCIL OFFICE (AB2001 -323)
28
29 4. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20,
30 RELATING TO NONCONFORMING SURFACE MINES AND SURFACE
31 MINING IN RURAL, AGRICULTURAL, RURAL FORESTRY, AND
32 COMMERCIAL FORESTRY ZONES (AB2000 -301)
33
34 OTHER BUSINESS
35
36 ADDENDUM:
37 REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH
38 MICHAEL BOBBINK FOR HEARING EXAMINER SERVICES FOR
39 OCTOBER 2001 THROUGH SEPTEMBER 2002 (AB2001 -325)
40
41 Imhof stated they are paying $62,700 for part time work. There is some
42 concern amongst staff in the County that more and more is being pushed on the
43 hearing examiner and, for a few dollars more, the County can hire a full -time
44 person. He would suggest a contract with Mr. Bobbink to finish out the year, and
45 put a full -time person in place at the beginning of the year. He moved approval of
46 the contract, but he would vote against it.
47
48 Hoag questioned what the compensation would be for a full -time person.
Regular County Council, 9/25/2001, Page 13
1
2 Imhof stated the compensation would be comparable to what Mr. Bobbink is
3 making, plus benefits. The range is from $56,000 to $69,000 plus benefits.
4
5 Hoag stated she would support that proposal.
6
7 Nelson stated this contractor includes the subcontractors. If the County pays
8 for a full -time hearing examiner, it still has to pay for subcontractors. The cost
9 would be more.
10
11 Imhof stated they could reduce the full -time compensation in that amount.
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13 Brenner stated Mr. Bobbink does a really good job. She would like to keep
14 him on board. He won't take a full -time job because of his other contracts.
15
16 Crawford questioned whether the ideas for a full -time hearing examiner is
17 the system that the City of Bellingham has, and what the City's cost is.
18
19 Imhof stated he didn't know. That would be part of the analysis.
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21 Pete Kremen, County Executive, stated a comparable position would be one
22 of the court commissioners. Including benefits, that cost is about $125,000. Take
23 that into consideration in terms of the belt tightening they are doing.
24
25 Nelson questioned whether it would impose a burden on Mr. Bobbink for the
26 contract to be extended only to the end of the year, if the Council wants to explore
27 the idea of hiring a full -time hearing examiner.
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29 Dana Brown - Davis, Clerk of the Council, stated she couldn't speak for Mr.
30 Bobbink.
31
32 Dawson asked if there is a backlog of issues.
33
34 Hal Hart, Planning and Development Services Director, stated they do not
35 have an unusual backlog at the present time. However, the work has increased
36 annually, and they are looking for options on how to handle the increased work
37 each year.
38
39 Brenner stated they are all going to have to do without for awhile. The
40 County is lucky to have Bobbink. Leave it alone. This is not a good year to make
41 these kinds of additions.
42
43 Motion carried 5 -2 with Imhof and Hoag opposed.
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46 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
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Regular County Council, 9/25/2001, Page 14
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Brenner stated the Clean Water Alliance is having a meeting regarding Lake
Whatcom tomorrow evening, 7 p.m., at the Majestic. Councilmembers are invited.
ADJOURN
The meeting adjourned at 8:27 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on October 9, 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Regular County Council, 9/25/2001, Page 15