HomeMy WebLinkAboutCouncil May 12 20151
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WHATCOM COUNTY COUNCIL
Regular County Council Meeting
May 12, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced the following five items were discussed in executive session
during the Committee of the Whole meeting:
1. UPDATE ON LAKE WHATCOM TMDL (TOTAL MAXIMUM DAILY LOAD)
DISPUTE RESOLUTION (AB2015 -018)
2. DISCUSSION REGARDING QUALIFICATIONS OF APPLICANTS — LEGISLATIVE
ANALYST POSITION (AB2015 -018)
Agenda Revision Item: STRATEGY PLANNING DISCUSSION AND POSITIONS TO BE
TAKEN REGARDING COLLECTIVE BARGAINING (AB2015 -018)
4. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION
ON FILE # CUP2009 -0021 & LSS2010 -0002, FILED BY JULIE CARNEY AND
MICHAEL REID REGARDING THE LINCOLN PARK RETIREMENT HOME CENTER
(AB2014 -070)
Mann moved to uphold the Hearing Examiner decision regarding the Lincoln Park
Retirement Home Center.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
Nays: Brenner (1)
3. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION
ON FILE #S APL2014 -0007, APL2014 -0008, APL2014 -0009, & APL2015-
0002 FILED BY KEN AND CHARMAE SCHEFFER REGARDING A STOP WORK
ORDER AND ALLEGED CODE VIOLATIONS FOR OPERATING A COMMERCIAL
DOG KENNEL, `ROVER STAY OVER" (AB2015 -080)
Weimer stated there were multiple parts to this consideration. First was a motion by
the attorney that councilmembers recuse themselves from this decision, so the
councilmembers will one -by -one discuss whether they should recuse themselves or not.
Regular County Council Meeting, 5/12/2015, Page 1
1 Browne stated he's thought about the motion to recuse, and does not believe that
2 anything he may have seen or heard would prevent him from rendering a fair decision on
3 this matter.
4 Buchanan stated he also feels he can be fair and impartial in this decision, and
5 nothing he's seen has influenced him beyond the record.
6
7 Mann stated he would make his decision based on the record in front of the Council.
8 He will be impartial. That's how he will make his decision.
9
10 Weimer stated he also will make his decision based on the record in front of the
11 Council. He understands that he received some email chains, but he really has no
12 recollection of those, so they don't change his opinion of this matter at all.
13
14 Brenner stated she will recuse herself. Less than 24 hours before the Council
15 received the appeal, she met with someone. She thought they were just meeting for tea,
16 but the person had a whole bunch of information. She didn't realize the Council was getting
17 the appeal the next day, so she went through the material. She went way too far, so she
18 can't make a fair and impartial decision.
19
20 Kremen stated that based on his knowledge regarding this issue, he can be fair and
21 impartial, and will be.
22
23 Sidhu stated he is too new on the Council, so he did not have much knowledge of
24 this. He will be fair in this decision.
25
26 Weimer stated there is also a motion to strike a variety of information that has been
27 entered.
28
29 Browne moved to grant the motion to strike, in part. Specifically that 1. any
30 evidence in the brief or exhibit A that is not in the Hearing Examiner record be stricken, 2.
31 the declaration of Charmae Scheffer be stricken (Exh. B), 3. the declaration of Dannon
32 Traxler be stricken (Exh. C), 4. Exhibit C -1 be stricken, and 5. declaration of Sydney
33 Scheffer be stricken.
34
35 The motion carried by the following vote:
36 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
37 Nays: None (0)
38 Recused: Brenner (1)
39
40 Browne moved to uphold the Hearing Examiner's decision.
41
42 The motion carried by the following vote:
43 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (6)
44 Nays: None (0)
45 Recused: Brenner (1)
46
47 Weimer stated a lot of people are here for this matter this evening. The Hearing
48 Examiner properly found that this type of operation, which falls under the definition of a
49 commercial kennel in Whatcom County Code is not a permitted use in the agricultural zone,
50 where it is located. The Scheffers improperly operated this business, converted the use of
51 their existing building impermissibly, and constructed a new building without proper permits
52 from the County. That's the decision the Council upholds.
53
54 (Clerk's Note: The Council took a break at approximately 7:08 p.m.)
55
Regular County Council Meeting, 5/12/2015, Page 2
CITIZEN BOARD AND COMMITTEE VACANCIES
Weimer announced the Planning Commission vacancy of the District 3 position.
SPECIAL PRESENTATIONS
1. EXECUTIVE LOUWS TO PRESENT THE 2015 STATE OF THE COUNTY SPEECH
(AB2015 -162)
Jack Louws, County Executive, submitted and read the State of the Council address
(on file). He spoke of accomplishments achieved in the last year, projects and programs
that are underway, future initiatives, and the County's financial status.
2. WHATCOM COUNTY SHERIFF BILL ELFO TO READ A PROCLAMATION
RECOGNIZING POLICE WEEK (MAY 11 -15) AND CORRECTIONS WEEK (MAY
4 -10) (AB2015 -017)
Bill Elfo, County Sheriff, described the history and purpose of Police Week. He
described acts of bravery performed by several Whatcom County Sheriff deputies in the
past year, for which they were awarded a number of commendations.
PUBLIC HEARINGS
I. RESOLUTION APPROVING AN AGREEMENT FOR SALE OF A LICENSE TO
PROVIDE LEGAL PROPERTY ACCESS OVER COUNTY -OWNED LAND (AB2015-
152)
Weimer opened the public hearing, and the following people spoke;
Alexandra King, Able Trust Trustee, asked Council to support the agreement. This
property was split off from a piece of property in the front that borders Laurel Road in 1970.
Proper access was never granted. It's come to their attention that, to get a building permit
for Abel Pit, they have to get proper permission.
Mann asked the reason for the spelling difference between the name of the Trust and
the name of the pit.
Andrew Hester, Public Works Department, stated the gravel pit is spelled "Abel," and
the Trust was spelled the correct way, "Able." When the County acquired it, historically the
family name was Abel. Legal counsel noticed the different spellings. The documents are
correct as they are.
Brian Kirkvliet stated the road has been used like a public road as long as they've
lived there. There just hasn't been legal access. They want to move forward with a building
permit, which is why they ask for this. The road has a road sign and gets sealed, just like
all the other roads.
Hearing no one else, Weimer closed the public hearing.
Brenner moved to approve the resolution. She asked why this is called a license
instead of an easement. Hester stated that a license is a personal right, and gives the
County more flexibility. An easement stays with the property forever. Because there is an
active gravel pit, the County would like an opportunity to renegotiate with the next owners
if the property is ever sold. It's just an access for residential use. If things change, they
want to be able to change the terms.
Regular County Council Meeting, 5/12/2015, Page 3
1
2 Brenner asked what other things it could be used for that would be detrimental to
3 the County interest if it were an easement. Hester stated that if the County sells its
4 property, an easement makes it less attractive. The license gives the County more control
5 and provides more protection for the County. The license has hold harmless language to
6 protect the County. Make sure that all the proper provisions are in place. The license is
7 written so that if the owners don't use it after a certain number of years, the properties
8 combine, or they achieve another access, the license will no longer exist.
9
10 Brenner stated they've been there for 20 years. The road has been used for 20
11 years. She asked if it is adverse possession. Hester stated there can't be adverse
12 possession on public property. If this was a private situation, they would have a clear
13 right to an easement.
14
15 Brenner stated the County originally allowed that to be there. It seems the County is
16 obligated. Hester stated that's why the County is granting them a license at no cost.
17
18 Brenner stated she would support this, but isn't sure it's in the best interest of the
19 parties. Hester stated Public Works staff spoke with Planning staff, who indicated they were
20 fine with the license.
21
22 Brenner stated the owners seem fine with it.
23
24 Mann stated a license sounds less permanent than an easement. He asked how the
25 County can issue a building permit on a property that doesn't have permitted access.
26 Hester stated the license doesn't end if the members of the Trust change. The Trust would
27 have to actually sell the property to another property owner. The language doesn't say the
28 County will deny access, but the County just wants to review the conditions.
29
30 King said they would rather have an easement. She understands the landlocked
31 property is legal. If the County granted the land division in the first place, she doesn't
32 understand why it's not an easement. An easement would make it easier to sell the
33 property. Perhaps it should be a public road, because people use it like it is a public road.
34
35 Browne stated he would rather have an easement if he were the landowner. He
36 wants to see the County give them the opportunity of getting an easement. He will support
37 the resolution, but he wonders whether there is anything that stops the County from
38 accommodating an easement. It may take some consideration. Easements usually entail
39 some sort of consideration. He would encourage it.
40
41 Kremen stated the applicants obviously would rather have an easement. The Council
42 is supposed to look out for the best interest of the county. They haven't had an opportunity
43 to discuss the rationale with the legal department, and how firm they are on this issue. If
44 the Council were to arbitrarily make this an easement, the administration may not go along
45 with it. If the Council is going to change the proposal that has been agreed to, they need to
46 talk with the administration first.
47
48 Weimer stated the request is for a license, not an easement. The Council would
49 have to turn down the license agreement and come back with an easement, if that is the
50 wish of the Council.
51
52 King stated they would love to move forward with their project. It would be
53 wonderful if this license were approved with an understanding they could come back and
54 ask to turn it into an easement if the legal department approves.
55
Regular County Council Meeting, 5/12/2015, Page 4
1 Brenner stated an easement could have hold harmless language, so it would be a
2 civil matter if something happened.
3
4 King stated the gravel trucks and the people who access the road have been there
5 for 50 years. It's already happening. It's been the only access to that property since 1970.
6
7 Browne stated he's not suggesting they do anything at the last minute, other than
8 approve or disapprove this. He encourages the applicants and the County to see if an
9 easement is a more appropriate solution in the long term.
10
11 Weimer stated he assumes nothing precludes the Council from talking about an
12 easement in the future if it approves the license tonight.
13
14 The motion carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
16 Nays: None (0)
17
18 OPEN SESSION
19
20 The following people spoke:
21
22 Jan Lind - Sherman submitted a handout (on file) and spoke about funding for the
23 proposed new jail and mental health programs.
24
25 Dan McShane submitted a handout (on file) and spoke about the budget for the
26 proposed new jail.
27
28 Wendy Harris spoke about development in the Lake Whatcom watershed.
29
30 Jenny Feldman spoke about the proposed new jail project.
31
32 Joy Gilfilen spoke about the proposed sales tax initiative to pay for the proposed new
33 jail.
34
35 Max Perry spoke about the proposed new jail project.
36
37 CONSENT AGENDA
38
39 Browne reported for the Finance and Administrative Services Committee and
40 moved to approve Consent Agenda items one and two.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
44 Nays: None (0)
45
46 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD THE BID AND
47 ENTER INTO A CONTRACT WITH SINGLE SOURCE BIDDER, THE BELLINGHAM
48 HERALD, FOR OFFICIAL PRINTING SERVICES (AB2015 -161)
49
50 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER IN TO A
51 CONTRACT FOR CONSULTANT SERVICES BETWEEN WHATCOM COUNTY AND
52 COVENANT CONSULTANTS, INC., FOR THE RESEARCH AND VALUATION
53 DEFENSE OF THE RECENT PROPERTY APPRAISAL APPEALS BY BP OIL
54 REFINERY, IN THE AMOUNT OF $41,500 (AB2015 -130A)
55
Regular County Council Meeting, 5/12/2015, Page 5
1
2 OTHER ITEMS
3
4 1. RESOLUTION DESIGNATING PORTAGE BAY AS A MARINE RECOVERY AREA
5 (AB2015 -166)
6
7 Buchanan reported for the Natural Resources Committee and moved to approve
8 the resolution.
9
10 The motion carried by the following vote:
11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
12 Nays: None (0)
13
14 2. REQUEST APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY
15 OF BELLINGHAM AND WHATCOM COUNTY FOR THE DIVISION OF
16 EMERGENCY MANAGEMENT SERVICES (EMS) ASSETS AND LIABILITIES
17 (AB2015 -160)
18
19 Browne reported for the Finance and Administrative Services Committee and
20 moved to approve the request.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
24 Nays: None (0)
25
26 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
27
28 1. APPOINTMENT TO THE SURFACE MINING ADVISORY COMMITTEE,
29 GEOLOGIST POSITION, APPLICANT(S): LYNNI BENNETT (AB2015 -136)
30
31 Browne moved to appoint Lynni Bennett.
32
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
36 Nays: None (0)
37
38 2. APPOINTMENT OF FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE
39 (FCZDAC) ALTERNATE MICHAEL SCHONEVELD TO THE FCZDAC, GEOGRAPHIC
40 REPRESENTATIVE (AB2015 -155)
41
42 (Council Acting as the Whatcom County Flood Control Zone District Board of
43 Supervisors.)
44
45 Browne moved to approve the appointment.
46
47 The motion carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
49 Nays: None (0)
50
51
52 INTRODUCTION ITEMS
53
54 Buchanan moved to accept Introduction Items one through four.
55
Regular County Council Meeting, 5/12/2015, Page 6
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Kremen (7)
Nays: None (0)
1. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY BUDGET, SIXTH
REQUEST, IN THE AMOUNT OF $35,783 (AB2015 -163)
2. ORDINANCE AMENDING THE 2015 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, SECOND REQUEST, IN THE AMOUNT OF $400,000
(AB2015 -164) (COUNCIL ACTING AS THE BOARD OF SUPERVISORS)
3. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A WASHINGTON
DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FOR FUNDS TO BE USED FOR CONSTRUCTION OF THE ADDITIONAL
MULTI - PURPOSE BUILDING AT THE EAST WHATCOM REGIONAL RESOURCE
CENTER (AB2015 -165)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.02 TO REVISE COUNTY
COUNCIL MEETING RULES (AB2015 -082A)
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Brenner reported for the Public Works, Health, and Safety Committee about its
discussion of a proposed resolution establishing a Whatcom County Criminal
Justice Diversion Task Force intended to provide recommendations, oversight, and
specific timeframes on the construction and operation of a new or expanded multi-
purpose crisis triage facility to assist with jail and hospital diversion, and new
development or enhancement of programs designed along a continuum that
effectively reduce criminal justice involvement for individuals struggling with
mental illness and chemical dependency (AB2015- 047I).
Mann reported for the Planning and Development Services Department about its
discussion of a proposed ordinance amending Whatcom County Code Title 20 to
allow vacation rental units as an accessory use (AB2015- 072A).
Browne stated there are a number of opportunities to serve as an alternate on the
Flood Control Zone District Advisory Committee and encouraged interested citizens to
consider joining the board as an alternate.
Mann stated the Finance Committee received a report from Recreation Northwest,
which was part of a study done by an economist group, which identified that Whatcom
county has 279 recreational businesses that create 3,728 jobs and $508 million in revenue.
It was an interesting report.
Brenner stated the Woods Tour is coming up and is hosted by the Women in Timber.
It's an amazing event that is different every year. She described the annual event.
Whatcom county has a great forestry industry. If the foresters who live in the county don't
take care of the forest, they won't have their jobs. It's in their best interest to be proactive
about protecting the natural resource.
Kremen described the Woods Tour. It's a perspective all councilmembers should
have to make better - informed decisions on forest practices in Whatcom county.
The Washington State Association of Counties annual board meeting and planning
meeting was last week and was well- attended. They discussed how to make the Association
Regular County Council Meeting, 5/12/2015, Page 7
more influential in Olympia. The Association is working on an agreement with the
Washington State Realtors Association for the flexibility of real estate excise tax (REET)
funding. Counties will have more flexibility in using REET funds.
Sidhu stated he agrees that the recreation industry in Whatcom county is a best -kept
secret. It was informative to hear about all the jobs and revenue, which are assets for the
county. They should use that success to bring more business to Whatcom county.
Brenner stated members of the public are invited to the Woods Tour.
Weimer stated there are a lot of questions and answers about the new jail project
posted on the County Executive's website. He encourages people to look at that
information.
ADJOURN
The meeting adjourned at 8:17 p.m.
The County Council approved these minutes on July 7, 2015.
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Jill Nixon, Minutes Transcription
Regular County Council Meeting, 5/12/2015, Page 8