WHATCOM COUNTY COUNCIL Regular County Council

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WHATCOM COUNTY COUNCIL 1

Regular County Council 2 3 January 28, 2014 4 5 CALL TO ORDER 6 7

Council Chair Carl Weimer called the meeting to order at 7:03 p.m. in the Council 8

Chambers, 311 Grand Avenue, Bellingham, Washington. 9 10 11 ROLL CALL 12 13 (7:03:27 PM) 14 15

Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen, 16

Rud Browne and Barry Buchanan. 17 Absent: None. 18 19 FLAG SALUTE 20 21 22 ANNOUNCEMENTS 23 24

Weimer announced that there was discussion with Senior Deputy Prosecutor 25

Karen Frakes regarding pending litigation before the Growth Management 26

Hearings Board (GMHB) and pending judicial appeals from GMHB decisions 27

(AB2014-018) 28

29

Mann stated the Council has received public feedback asking the Council to continue 30

the appeal. The Council publicly reaffirms its decision to continue the appeal. He moved to 31

publicly reaffirm our intention to continue the County’s appeal of the Growth Management 32

Hearings Board decision as it relates to water resources. 33

34

Kremen stated he thanks Councilmember Mann for the motion and legal counsel 35

Karen Frakes for her wise guidance on this issue. He’s confident that he will be able to 36

convey to the Washington State Association of Counties Legislative Steering Committee that 37

Whatcom County has a firm resolve to continue with the appeal of the Growth Management 38

Hearings Board. 39

40

Brenner stated she thanks everyone for attending tonight. Their attendance is not in 41

vain. 42

43

Buchanan stated he thanks everyone who called and emailed the Council. It’s how 44

democracy works the best. 45

46

Weimer stated no matter which side of the issue one is on, taking this on through 47

the courts will provide definitive decisions on water resources in Whatcom County, which 48

hasn’t happened for many years. 49

50

The motion carried by the following vote: 51

Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 52

Nays: None (0) 53

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1

Weimer also announced there was discussion with Michael McFarlane, Parks 2

and Recreation Director, regarding property acquisition for park purposes 3

(AB2014-018) in executive session during the Committee of the Whole meeting. 4 5 6 OPEN SESSION 7 8

The following people spoke: 9

 Greg Brown spoke on the issue of discussion with Senior Deputy Prosecutor 10

Karen Frakes regarding pending litigation before the Growth Management 11

Hearings Board (GMHB) and pending judicial appeals from GMHB decisions 12

(AB2014-018). 13

 Shiree McKay spoke on the issue of discussion with Senior Deputy Prosecutor 14

(AB2014-018). 17

 Molly Crocker submitted and read from a handout (on file) and spoke on the 18

issue of the discussion with Senior Deputy Prosecutor Karen Frakes regarding 19

pending litigation before the Growth Management Hearings Board (GMHB) 20

and pending judicial appeals from GMHB decisions (AB2014-018). 21

 Carole Perry submitted and read from a handout (on file) on the issue of 22

water resources inventory area (WRIA) 1 Planning Unit membership. 23

 Karen Brown spoke on the issue of the discussion with Senior Deputy 24

Prosecutor Karen Frakes regarding pending litigation before the Growth 25

Management Hearings Board (GMHB) and pending judicial appeals from 26

GMHB decisions (AB2014-018) and the WRIA 1 Planning Unit. 27

 Yoshi Revelle spoke on the issue of basing government decisions on 28

something other than money. 29

 Kelli Bashaw, Bellingham School District Board Member, spoke on the Cultural 30

Access Washington Bill. 31

 Ronna Loerch spoke about the issue of water resources inventory area 32

(WRIA) 1 Planning Unit membership and the discussion with Senior Deputy 33

GMHB decisions (AB2014-018). 36

 Arlena Mantha spoke on the Cultural Access Washington Fund. 37

 Erin Moore, iDiOM Theater Board President, spoke on the cultural arts fund. 38

 Caroline Silvas spoke on the issue of the discussion with Senior Deputy 39

 Lesa Starkenburg-Kroontje submitted a handout (on file) and spoke on the 43

issue of siting marijuana growing and processing operations under I-502. 44

 Cat Sieh, Make.Shift Art Space Executive Director, spoke on the issue of the 45

Cultural Access Fund. 46

 Leonard Smit submitted a handout (on file) and spoke on the issue of the 47

proposed Delta 9 marijuana growing operation. 48

 Carly Beveridge submitted a handout (on file) and spoke on the issue of the 49

Cultural Access Fund. 50

 Treva Postma submitted a handout (on file) and spoke on the issue of the 51

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 Lonnie Bauman spoke on the issue of the proposed Delta 9 marijuana growing 1

operation. 2

 Kelby Postma spoke on the issue of the proposed Delta 9 marijuana growing 3

operation. 4

 Gary Honcoop spoke on the issue of the agricultural industry in Whatcom 5

County and the Planning Commission appointments (AB2013-387). 6

 Vern Dykstra spoke on the issue of the proposed Delta 9 marijuana growing 7

operation. 8

 Roger Almskaar spoke on the issue of developing clear, productive land use 9

rules and the discussion with Senior Deputy Prosecutor Karen Frakes 10

regarding pending litigation before the Growth Management Hearings Board 11

(GMHB) and pending judicial appeals from GMHB decisions (AB2014-018). 12

 Bernie Mulder spoke on the issue of the proposed Delta 9 marijuana growing 13

operation. 14

 Kevin Van Beek spoke on the issue of developing clear, productive land use 15

rules and the discussion with Senior Deputy Prosecutor Karen Frakes 16

regarding pending litigation before the Growth Management Hearings Board 17

(GMHB) and pending judicial appeals from GMHB decisions (AB2014-018). 18

 Virgil Stremler submitted a petition (on file) and spoke on the issue of the 19

 David Haggith, Washington State Dairy Federation, spoke on the issue of 21

developing clear, productive land use rules and the discussion with Senior 22

Deputy Prosecutor Karen Frakes regarding pending litigation before the 23

Growth Management Hearings Board (GMHB) and pending judicial appeals 24

from GMHB decisions (AB2014-018), the Flood Control Zone District Advisory 25

Committee appointments (AB2013-387A) and the Planning Commission 26

appointments (AB2013-387). 27

 Chad Bajema spoke on the issue of the discussion with Senior Deputy 28

 Kris Halterman submitted a handout (on file) and spoke on the issue of the 32

discussion with Senior Deputy Prosecutor Karen Frakes regarding pending 33

litigation before the Growth Management Hearings Board (GMHB) and 34

pending judicial appeals from GMHB decisions (AB2014-018) and the issue of 35

the packinghouse ordinance. 36

 Percy Hoekema, Whatcom County Farm Bureau, submitted a handout (on file) 37

and spoke on the issue of the board and commission appointments (AB2013-38

387) and managing water issues. 39

 Larry Helm spoke on the issue of the discussion with Senior Deputy 40

GMHB decisions (AB2014-018), Planning Commission appointments (AB2013-43

387), and the County fund balances. 44

 Sebastian Cochrane spoke on the discussion with Senior Deputy Prosecutor 45

(AB2014-018). 48

 Delaine Clizbe spoke on the discussion with Senior Deputy Prosecutor Karen 49

Frakes regarding pending litigation before the Growth Management Hearings 50

Board (GMHB) and pending judicial appeals from GMHB decisions (AB2014-51

018). 52

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 Catherine Lockerbie spoke on the issue of the proposed Delta 9 marijuana 1

growing operation. 2

 Jim Dickinson spoke on the issue of the discussion with Senior Deputy 3

 Kelly Swanson-Veening spoke on the issue of the proposed Delta 9 marijuana 7

growing operation. 8

 Si Eldred, 317 W. Laurel, spoke on the issue of the discussion with Senior 9

Deputy Prosecutor Karen Frakes regarding pending litigation before the 10

Growth Management Hearings Board (GMHB) and pending judicial appeals 11

from GMHB decisions (AB2014-018) and moving County offices from Smith 12

Road and Northwest Road into Bellingham. 13

 Mary Kay Robinson spoke on the issue of the discussion with Senior Deputy 14

 Barbara Shumacher spoke on the Planning Commission appointments 18

(AB2013-387). 19

 Margaret Hashmi spoke on the issue of different private property rights 20

comments the issue of the proposed Delta 9 marijuana growing operation and 21

the discussion with Senior Deputy Prosecutor Karen Frakes regarding pending 22

pending judicial appeals from GMHB decisions (AB2014-018). 24

 Ellen Baker spoke on the issue of the proposed Delta 9 marijuana growing 25

operation. 26

 Lisa Cable spoke on the issue of the Water District 13 Commissioner 27

appointment (AB2013-386). 28

 Jeff Gibson spoke on the issue of government interference with private 29

property rights and government regulation. 30

 Collin Veltman spoke on the issue of different private property rights 31

pending judicial appeals from GMHB decisions (AB2014-018) and the issue of 35

the proposed Delta 9 marijuana growing operation. 36

 Peggy Uppiano spoke on the issue of different private property rights 37

pending judicial appeals from GMHB decisions (AB2014-018). 41

 John Kirk spoke on the Planning Commission appointments (AB2013-386). 42

43

(Clerk’s Note: The Council took a break from 8:31 p.m. to 8:36 p.m.)

44 45 CONSENT AGENDA 46 47 (8:37:03 PM) 48 49

Crawford reported for the Finance and Administrative Services Committee and 50

moved to approve Consent Agenda items one through seven, a substitute item nine, and 51

ten. The agenda title for item two should be amended. 52

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Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 2

Nays: None (0) 3

4

1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE 5

PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2014 USING THE 6

WASHINGTON STATE CONTRACT AND VENDOR ALPINE PRODUCTS (AB2014-7

045) 8

9

2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 10

INTERLOCAL AGREEMENT FOR THE AUTHORIZE PURCHASE OF WATERBORNE 11

TRAFFIC LINE PAINT FOR 2014 USING THE WASHINGTON STATE CONTRACT 12

AND VENDOR ENNIS PAINT (AB2014-046) 13

14

3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A 15

CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS 16

FOR ADVERTISING AND PROMOTION OF THE SAVOR WHATCOM FOOD & 17

FARMS PROGRAM, IN THE AMOUNT OF $25,000 (AB2014-047) 18

19

4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT 20

AGREEMENT BETWEEN WHATCOM COUNTY AND WA STATE DEPARTMENT OF 21

SOCIAL AND HEALTH SERVICES FOR SUBSTANCE ABUSE PREVENTION 22

PROGRAMS AND SERVICES, IN THE AMOUNT OF $83,065 (AB2014-048) 23

24

CONTRACT BETWEEN WHATCOM COUNTY AND BOGARD ENGINEERS, PS FOR 26

THE WHATCOM COUNTY CENTRAL SHOP BUILDING HVAC UPGRADES, IN THE 27

AMOUNT OF $30,665 (AB2014-049) 28

29

CONTRACT BETWEEN WHATCOM COUNTY AND PND ENGINEERS, LLC FOR 31

THE DESIGN OF FERRY DOCKING STRUCTURES AT LUMMI ISLAND AND 32

GOOSEBERRY POINT FERRY TERMINALS, IN THE AMOUNT OF $167,200 33

(AB2014-050) 34

35

7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 36

INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND WA STATE 37

DEPARTMENT OF ECOLOGY TO PROVIDE A CONSERVATION CORPS CREW 38

FOR WATERSHED RESTORATION PROJECTS, IN AN AMOUNT NOT TO EXCEED 39

$60,000 (AB2014-051) 40

41

CONTRACT BETWEEN WHATCOM COUNTY AND MONARCH MEDIA, INC. FOR 43

DEVELOPMENT OF AN ONLINE AQUATIC INVASIVE SPECIES AWARENESS 44

COURSE, WEBSITE, AND REPORTING SYSTEM, IN THE AMOUNT OF $29,710 45

(AB2014-052) 46

47

moved to approve the request. 49

50

Gary Stoyka, Public Works Department, stated the amount is in the current budget 51

and is part of the $70,000 that the County approved for aquatic invasive species for 2014. 52

The City is still trying to come up with the total cost of the project. The City has to budget 53

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for the full use of staff, even if staff will only work part time. The City is still working on 1

their staffing needs. The actual cost will be lower than the amount estimated at the Surface 2

Water Work Session. 3

4

Brenner asked why the County is contracting with a company in California when a 5

local company can do the work. She asked why the staff didn’t put out a request for 6

qualifications (RFQ). Stoyka stated it was put out for RFQ, and the County got one 7

respondent. Developing online education courses is specialized work. 8

9

Kremen asked the process for the RFQ and who made the decision. Stoyka stated 10

staff worked with the information technology (IT) staff on the qualifications and submitted 11

to Finance for advertising the RFQ. The advertisement was in the Bellingham Herald. Other 12

associations pick up those advertisements and picked up the advertisement from some 13

agency that republishes the advertisements. 14

15

Brenner moved to hold in committee. 16

17

Weimer asked if the Council is allowed to back away from the RFQ process and do it 18

again. 19

20

Brad Bennett, Administrative Services Department, stated he believes the County 21

can reject the bid. 22

23

Jack Louws, County Executive, stated that rejecting the bid will delay the project and 24

it won’t be done in time for the boating season. Staff properly put out the RFQ. It’s 25

unfortunate the local firm wasn’t aware of the RFQ. The firm that applied is capable of 26

doing the job. He recommends Council approval to get the project done in time for boating 27

season. 28

29

Buchanan stated web-based training is much more complex than an ordinary 30

website. 31

32

Brenner stated hold it for two weeks to find out if the local company is capable of the 33

work. 34

35

Weimer stated he is against the motion. Move the process along. The County went 36

through the right process. 37

38

The motion to hold failed by the following vote: 39

Ayes: Brenner (1) 40

Nays: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6) 41

42

The motion to approve carried by the following vote: 43

Ayes: Mann, Crawford, Weimer, Kremen, Browne and Buchanan (6) 44

Nays: Brenner (1) 45

46

CONTRACT BETWEEN WHATCOM COUNTY AND SHEARER DESIGN, LLC FOR 48

ON-CALL SUPPORT FOR THE WHATCOM COUNTY BRIDGE PROGRAM, IN THE 49

AMOUNT OF $75,000 (AB2014-053) 50

51

10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 52

AMENDMENT TO A SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND 53

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NORTHWEST REGIONAL COUNCIL FOR SUPPORT OF THE MEALS ON WHEELS 1

PROGRAM, IN THE AMOUNT OF $40,000, FOR A TOTAL AMENDED CONTRACT 2

IN THE AMOUNT OF $50,000 (AB2014-054) 3 4 5 OTHER ITEMS 6 7

1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FOURTH 8

REQUEST, IN THE AMOUNT OF $775,964 (AB2014-041) (8:48:01 PM)

9 10

moved to adopt the ordinance. 12

13

Brenner stated certain language is vague. She will vote for the motion, but don’t 14

forget that the small amounts can add up cumulatively. 15

16

Nays: None (0) 19

20

2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN 21

INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF 22

BELLINGHAM AND THE PORT OF BELLINGHAM FOR THE PURPOSE OF 23

ENSURING CONSISTENCY IN DELIVERY OF ECONOMIC DEVELOPMENT 24

SERVICES, IN THE AMOUNT OF $405,000 (AB2013-426) (8:49:17 PM)

25 26

moved to approve the agreement. 28

29

Nays: None (0) 32

33

3. DISCUSSION AND POSSIBLE ACTION ON AN ECONOMIC DEVELOPMENT 34

INVESTMENT PROGRAM – EDI BOARD RECOMMENDATION TO MODIFY 35

GUIDELINES TO ADD SINGLE AND MULTI-FAMILY HOME CONSTRUCTION AS 36

AN ALLOWABLE USE (AB2013-332) (8:49:52 PM)

37 38

stated this item is held in committee. 40

41

4. NOMINATION AND APPOINTMENT TO FILL VACANCY ON WATER DISTRICT 42

13, COMMISSIONER POSITION 3, APPLICANT(S): VARIOUS (AB2013-386) 43

44

Crawford nominated all applicants. 45

46

(Clerk’s Note: See attached voting tally.)

47 48

The Council appointed Jackque Fowler. 49

50 51

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5. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON 1

VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS 2

APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2014) 3 (AB2013-387) 4 5 Board of Equalization 6 7

Kremen moved to appoint Wes Van De Mark by general consent. 8

9

Nays: None (0) 12

13

Open Space Advisory Committee 14

15

Brenner moved to appoint Theresa Sygitowicz by general consent. 16

17

Nays: None (0) 20

21

Planning Commission – District 1 22

23

24 25

Crawford stated he personally endorses Jeff Rainey, who is a long-term Whatcom 26

County resident, incredible guy and incredible businessman. He’s been a dairyman. He has 27

extensive family in the East Valley and represents everyone in the Highway 9 corridor. 28

29

Brenner stated she always votes for an incumbent when they’ve done a decent job, 30

even if she didn’t vote to put them on the board. She will vote for Jeff Rainey, who has 31

been a farmer forever. They need farm community representatives. 32

33

The Council appointed David Hunter to the Planning Commission, District 1. 34

35

Planning Commission – District 3 36

37

38 39

The Council appointed Walter Haugen and Natalie McClendon to the Planning 40

Commission, District 3. 41

42

Solid Waste Advisory Committee - Business/Industry and Public Interest 43

44

Brenner moved to appoint Amber Jones for the Business/Industry position and 45

Marjorie Ann Leone for the Public Interest position by general consent. 46

47

Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 49 Nays: None (0) 50 51 52 53

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Surface Mining Advisory Committee - Ecologist 1

2

Brenner moved to appoint Judy Dudley by general consent. 3

4

8

6. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY 9

FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, ACME/VAN 10

ZANDT FLOOD CONTROL SUBZONE ADVISORY COMMITTEE, AND 11

LYNDEN/EVERSON FLOOD CONTROL SUBZONE ADVISORY COMMITTEE: 12

VARIOUS APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 13

2014) (AB2013-387A) 14

15

(Council acting as the Whatcom County Flood Control Zone District Board of

16 Supervisors) 17 18 Impacted Cities 19 20

Kremen moved to appoint Robert Bromley and John Perry by general consent. 21

22

Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 24 Nays: None (0) 25 26 Geographic Areas 27 28

30

31 32

The Board of Supervisors appointed Alan Soicher, Ian Smith, and Rodney VandeHoef. 33

34

Special Districts 35

36

Crawford moved to appoint Harry Williams and Ron Bronsema by general consent. 37

38

Nays: None (0) 41

42

Acme/Van Zandt Flood Control Subzone Advisory Committee 43

44

46

47 48

The Board of Supervisors appointed Ian Smith, Holly O’Neil, and Nicole Brown. 49

50

Lynden/Everson Flood Control Subzone Advisory Committee 51

52

Crawford nominated Nathan Kleindel and John Courtney by general consent. 53

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1

5

7. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN 6

AND MAPS, TO IMPLEMENT CHANGES RELATING TO RURAL LAND USE 7

PLANNING (AB2014-040) (9:06:16 PM)

8 9

Brenner moved to adopt the ordinance. 10

11

Crawford stated he supports the ordinance. It codifies the long-standing policies of 12

the Planning Department and clarifies regulations as they’ve been enforced for many years. 13

In response to growth management appeals, the point of this ordinance is that it 14

strengthens the County’s case with the Growth Management Hearings Board and also is not 15

a highly impactful new regulation. 16

17

Brenner stated it references what is already codified. 18

19

Weimer asked if this will confuse efforts for amending the Comprehensive Plan in the 20

future. This is the only place they reference the code in the Comprehensive Plan. If 21

someone wanted to do a Comprehensive Plan amendment, they’ll have to do both at the 22

same time. 23

24

Mark Personius, Planning and Development Services Department, stated they are 25

already doing it. Court cases say protection measures must be in the Comprehensive Plan. 26

It’s semantics, but it pleases the court. 27

28

Weimer asked why this is not on the list for concurrent passage. Personius stated 29

this relates to a current Growth Management Hearings Board case, which can be amended 30

at any time. 31

32

Nays: None (0) 35

36

8. CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS AND 37

COMMISSIONS FOR 2014 (AB2014-057) (9:09:58 PM)

38 39

Crawford moved to confirm the list of appointments as presented to the County 40

Council. 41

42

Weimer read the list of the Executive’s appointments. 43

44

Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 46 Nays: None (0) 47 48 49 50 51 52 53

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APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS 1

2

1. ORDINANCE REPEALING THE 1986 LYNDEN-NOOKSACK VALLEY SUBAREA 3

PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY 4

COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013-203) 5

6

Crawford moved to adopt the ordinance. 7

8

Ayes: Brenner, Mann, Crawford, Weimer and Kremen (5) 10

Nays: None (0) 11

Abstain: Browne and Buchanan (2) 12

13

2. ORDINANCE REPEALING THE 1987 BIRCH BAY-BLAINE SUBAREA PLAN AND 14

AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN 15

RELATING TO SUBAREA PLANS (AB2013-204) 16

17

Mann moved to adopt the ordinance. 18

19

Nays: None (0) 22

24

3. ORDINANCE REPEALING THE 1986 CHUCKANUT-LAKE SAMISH SUBAREA 25

PLAN AND AMENDING PROVISIONS IN THE WHATCOM COUNTY 26

COMPREHENSIVE PLAN RELATING TO SUBAREA PLANS (AB2013-205) 27

28

Mann moved to adopt the ordinance. 29

30

Nays: None (0) 33

35

4. ORDINANCE ADOPTING AMENDMENTS TO THE POINT ROBERTS CHARACTER 36

PLAN (AB2013-306) 37

38

Kremen moved to adopt the ordinance. 39

40

Nays: None (0) 43

45

5. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO 46

CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS (AB2013-47

345) 48

49

Brenner moved to adopt the ordinance. 50

51 52 53

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Nays: None (0) 3

5

FINAL VOTE TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT ORDINANCES AS 6

A GROUP 7

8

Mann moved to approve the Comprehensive Plan amendment ordinances as a 9

group. 10

11

Nays: None (0) 14

Abstain: Browne and Buchanan (2) 15 16 17 INTRODUCTION ITEMS 18 19 (9:16:50 PM) 20 21

Brenner moved to accept the introduction items. 22

23

Ayes: Brenner, Mann, Crawford, Weimer, Kremen, Browne and Buchanan (7) 25

Nays: None (0) 26

27

1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FIFTH 28

REQUEST, IN THE AMOUNT OF $1,724,000 (AB2014-058) 29

30

2. ORDINANCE ESTABLISHING THE DAKOTA CREEK BRIDGE NO. 500 PROJECT 31

FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE DAKOTA 32

CREEK BRIDGE NO. 500 PROJECT (AB2014-042) 33

34

3. ORDINANCE ESTABLISHING THE SLATER ROAD INTERSECTIONS, IMHOFF 35

AND FERNDALE ROADS PROJECT FUND AND ESTABLISHING A PROJECT 36

BASED BUDGET FOR THE SLATER ROAD INTERSECTIONS, IMHOFF AND 37

FERNDALE ROADS PROJECT (AB2014-043) 38

39

4. ORDINANCE ESTABLISHING THE TELECOMMUNICATIONS SYSTEM 40

REPLACEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION 41

(AB2014-059) 42

43

5. ORDINANCE (INTERIM) AMENDING THE WHATCOM COUNTY ZONING CODE 44

TO ALLOW AGRICULTURAL PACKINGHOUSES IN THE AGRICULTURE ZONING 45

DISTRICT AS CONDITIONAL USES (AB2014-060) 46

47

6. RESOLUTION GRANTING A QUITCLAIM DEED TO THE WASHINGTON STATE 48

DEPARTMENT OF TRANSPORTATION (AB2014-055) 49

50 51

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OTHER BUSINESS 1

2

Brenner submitted a draft letter addressed to the Washington State Liquor Control 3

Board regarding siting marijuana grow operations and correspondence from Sheriff Elfo and 4

the Washington State Liquor Control Board (on file). When the Council received a 5

presentation from the County Prosecuting Attorney Dave McEachran, he said it has to be 6

treated like regular agriculture, and the County could not limit it. A couple of weeks ago, 7

the Attorney General gave an opinion that the County can regulate marijuana. The State 8

allowed applications to be submitted before the Attorney General gave an opinion. That 9

was backwards. The State put the County in an untenable position. There are appropriate 10

marijuana growing locations. She read the draft letter into the record. 11

12

Kremen stated the State Attorney General also said counties can outright ban the 13

processing, sale, or distribution of marijuana. He doesn’t advocate that, but production and 14

processing operations need close scrutiny in terms of siting and the number of operations, 15

so there is a process for approving or not approving applications. It will take time to do 16

that. The Council, staff, and others should take time to create a basis for approving or not 17

approving applications. There are no meaningful guidelines right now. The public needs to 18

understand and set guidelines for how the County approves or disapproves any marijuana 19

operations. He will support a reworded version of the draft letter. 20

21

Crawford stated he generally agrees with Councilmember Kremen, however the draft 22

letter must be rewritten. They must deal with the unincorporated parts of the county rather 23

than the entire county. It isn’t time sensitive. Work on this draft letter, and come back in 24

two weeks with a reworded letter. He respects Councilmember Brenner’s efforts. Add a 25

paragraph that says the Cities will deal with the issue within their own jurisdictions. Deal 26

only with unincorporated areas of the county. He has much sympathy for the Clearbrook 27

residents, and a part of him hopes they can specifically address that issue. 28

29

Mann stated he’s annoyed the original information the Council received is inaccurate. 30

He doesn’t appreciate the State changing its decision. Regarding the letter, he needs more 31

understanding from the Sheriff or other experts about what specifically is harmful from a 32

legal grow operation. He understands the criminal element that existed when the use was 33

illegal. If it’s legal now, and there are processes in place for inspection and guidelines, he 34

doesn't think a bunch of people will be hanging around smoking weed and harassing people. 35

He needs more understanding about what the data says about proximity to a legal grow 36

operation, if that data exists. He agrees with the letter. Tell the State it should not accept 37

applications until it completes its rulemaking. He supports the intention of the letter. Send 38

the message that the State must figure out what it’s doing so the County can then make its 39

rules. 40

41

Browne stated deal with one issue of the Delta 9 property specifically with the Liquor 42

Control Board. The second issue is an overall comment about what the County wants to do. 43

Split those two issues from each other. 44

45

Buchanan stated they need a set of parameters to apply to all applicants equally and 46

fairly, rather than doing a spot zone. Look at the big picture to come up with the 47

parameters they want about where these operations can go and then apply those 48

parameters fairly. 49

50

Weimer stated he agrees with Councilmember Brenner about bringing this issue 51

forward. This is not an appropriate letter, which says it won’t happen anywhere in Whatcom 52

County. Hold this in a committee for a couple of weeks until they craft a letter. They need 53

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more understanding of how the County may object to certain applications such as the Delta 1

9 proposal, and send a letter asking them to put the Delta 9 project on hold until the County 2

can address zoning. This will also be a time drain on Planning staff, so they need to talk to 3

the Executive. He prefers to hold this item and get a better understanding of these issues. 4

5

Brenner stated approve the letter sooner rather than later because the applications 6

are already submitted. They may be vested. The State put the County in this position. 7

Whatcom County has received over 300 applications, and it receives more every day. All 8

the applicants who spoke to her want to do their operations in industrial land, not 9

agricultural land. The County doesn't have rules in place to allow the operation in industrial 10

or light industrial zones. Those are the kinds of amendments the Council must make. Legal 11

or not, marijuana is a valuable product. In the middle of nowhere, it will attract a criminal 12

element, and the County Sheriff can’t adequately patrol the operations. The County Code 13

must allow the operation in areas where its appropriate. 14

15

Mann stated he needs to understand the concerns better. He doesn’t minimize the 16

concerns. Other valuable things exist in remote areas. He doesn’t have enough data to 17

know about the possibility of a criminal factor in an agricultural area. 18

19

Kremen stated the Legislative Steering Committee has found that the State’s 20

proposal is for the State to take all revenue generation by the sale and distribution of 21

marijuana, with the exception of the sales tax. Therefore, Whatcom County would get .15 22

percent of the sale of the product. The State is going to make millions of dollars. The local 23

government will be responsible and obligated to enforce, regulate, and spend time writing 24

regulations. The County is better-protected with rules and guidelines for permitting the 25

operations. There is a collective effort by the Association of Counties and Association of 26

Cities to request the legislature allow local governments to be made whole financially. The 27

State says it needs all the money for education. Be aware of the revenue issues as they 28

develop a structure for dealing with the production and processing and sale of marijuana. 29

30

(9:41:25 PM)

31 32

Jack Louws, County Executive, stated a letter to the Liquor Control Board is 33

appropriate on behalf of the people of Clearbrook and also for Whatcom County to ask the 34

Liquor Control Board to delay approval of applications at this time. It’s in the County’s best 35

interest now to put together a potential ordinance that would account for security issues 36

that include sight lines, setbacks from residential areas, and police response times. There 37

are also fire flow issues. Create a good set of regulations to deal with concerns countywide. 38

The County is obligated to treat applicants equitably. They can’t pick and choose which 39

applicants they like and don’t like. The County must take care of this long-term. The 40

County received advice from the Prosecuting Attorney on how to handle it. The Sheriff 41

attached a letter to all the applications. The Planning and Development Services 42

Department is looking at it from a technical standpoint of whether it meets the zoning for a 43

grow operation or for a sale or distribution operation. The County must do more. The 44

County does have law enforcement issues with grow operations and has some instances of 45

armed robbery. The Council should develop and send a letter in the next couple of weeks. 46

He would also like Council direction on developing interim and permanent County 47

regulations that allows grow, process, and sale in a more controlled environment. 48

49

Brenner stated counties do not have anything to do with what happens with 50

development inside the cities. 51

(15)

Browne stated the Liquor Control Board’s 20-day timeframe was during the Council’s 1

recess. They only have six days left to extend the timeframe that allows the County to 2

object. 3

4

Crawford moved that: 1. The County Council Chair and Councilmember Brenner 5

work with the County Executive to compose a letter to bring back for Council approval 6

regarding issues discussed at this meeting, including a paragraph about revenue. The letter 7

should ask to put applications in unincorporated Whatcom County on hold; and 2. At the 8

same time, immediately write a letter about the Clearbrook Delta 9 application and mail it 9

as soon as possible, within the next day or two. 10

11

Browne stated they must fill out the form and send it with the letter. 12

13

Mann stated he likes the letter Councilmember Brenner wrote because it’s very clear. 14

If the Council is allowed to do something, the councilmembers must educate themselves 15

and receive a presentation about the risks, and put reasonable siting criteria into place. 16

17

Kremen stated the letter must be more specific to Whatcom County. It’s 18

inappropriate to ask on behalf of all the State residents. The letter needs some finessing. 19

He supports the spirit of the letter and intent of the letter. Most of the related crime that 20

will occur in the unincorporated areas and in the municipalities will be felonies. The cost of 21

all felony crime is borne by the County, regardless of the jurisdiction where the crime 22

occurred. It will be a major hit to the criminal justice funding system, which is already 23

beleaguered. It will take a significant amount of revenue to implement and enforce this 24

initiative. 25

26

Weimer asked if someone has already filled out the form regarding the Delta 9 27

proposal. Louws stated the form has already been filled out and submitted to the 28

Washington State Liquor Control Board. The County Council would send a separate 29

attachment to the Executive’s and Sheriff’s response. Copy the legislative representatives 30

in the 40th_{and 42}nd_Districts.

31 32

Brenner stated she will work with Council Chair Weimer to craft the letters. 33

34

Nays: None (0) 37

38

Kremen moved that the Council ask the Executive to work with the appropriate 39

staff, including Health Department, Sheriff’s Office, Planning Department, and legal counsel 40

on developing parameters, guidelines, and structure with which the County can create a set 41

of rules and regulations to implement Initiative 502 fairly and protectively. 42

43

Browne stated an ancillary issue is industrial hemp. It might be an opportune time 44

to think through that issue also. 45

46

Brenner stated she doesn’t know if hemp grown for clothing and similar items is an 47

issue. 48

49

Nays: None (0) 52

(16)

1. LETTER TO SUPPORT THE CULTURAL ACCESS WASHINGTON’S LEGISLATION 1

TO PROVIDE COUNTIES THE OPPORTUNITY TO INCREASE ACCESS TO 2

CULTURAL EXPERIENCES FOR CITIZENS (9:59:15 PM)

3 4

Buchanan submitted a draft letter and stated this legislation allows counties to put 5

this on the ballot for citizens to support and create a publicly funded cultural access 6

program. He moved to send a letter supporting the legislation. The legislation allows 7

counties to put a tax levy on the ballot to publicly fund this. 8

9

Crawford asked if it gives County legislators the opportunity to levy the tax. 10

11

Buchanan stated it does not. 12

13

Crawford stated he is against this. This is simply another tax. If the folks in the arts 14

community can get this passed through the legislature, then the County can look at it. He 15

would be interested about whether the tax would go on the ballot or be enacted by the 16

County Council. 17

18

Kremen stated this issue has not come up before the Legislative Steering Committee. 19

He would like to see the bill and do some research on it. He will not take a position until he 20

finds out if it is councilmanic or gives them the option to go out to the people. He is 21

reluctant passing it without a vote of the people. There are other critical issues that need 22

additional funding. He’d like more information before taking position. 23

24

Weimer stated he supports the concept of sending the letter if they are encouraging 25

a vote of the people. He suggested a friendly amendment that the letter only is sent if 26

it requires a vote of the people. 27

28

Buchanan accepted the friendly amendment. 29

30

Ayes: Brenner, Mann, Weimer, Kremen, Browne and Buchanan (6) 32

Nays: Crawford (1) 33

34

UPDATE FROM MIKE MCKENZIE, LUMMI ISLAND FERRY ADVISORY COMMITTEE 35

(AB2014-063) 36

37

Brenner reported for the Public Works, Health, and Safety Committee and stated 38

councilmembers offered to attend their meetings. She hopes the administration will allow 39

Public Works Department staff to attend. They’re making progress. 40

41

2. RESOLUTION SUPPORTING INCREASED SAFETY STANDARDS FOR RAIL TANK 42

CARS THAT TRANSPORT OIL, ETHANOL, AND OTHER FLAMMABLE LIQUIDS 43

THROUGH WHATCOM COUNTY, AND CALLING ON THE FEDERAL U.S. 44

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION TO 45

ADOPT AS SOON AS POSSIBLE RULES REQUIRING SAFETY RETROFITTING 46

OF EXISTING RAIL CARS (AB2014-064) 47

48

Weimer submitted a resolution and stated there has been a rash of tank railcar 49

accidents in the country and Canada. Whatcom County and the City of Bellingham have rail 50

cars travel through about once per day. The administrator from the DOT who oversees this 51

will be in Bellingham in the next ten days. If approved tonight, they can hand the letter to 52

her. He moved to approve the resolution. 53

(17)

1

Crawford stated he would like to have received the proposed resolution sooner. 2

3

Weimer read the resolved portion of the resolution. 4

5

Jack Louws, County Executive, gave a staff report and stated a company bought 6

nearly 2,000 new cars that meet post-2011 regulatory requirements. He met with 7

Congressman Larson last week, and they discussed the rail safety issue. He believes the 8

new standards will be implemented by the end of 2014. Of the 2,000 cars the company 9

bought, a couple hundred will be assigned to the Pacific Northwest corridor. The company 10

will also retrofit cars to the new standard. Most believe the tank cars will have to have a 11

complete double-wall construction with reinforced bulkheads and additional shielding on the 12

valve system. Both British Petroleum (BP) and Phillips 66 are ahead of the majority of the 13

United States regarding rail car construction, and have committed to bring the newest and 14

latest cars to the Pacific Northwest. 15

16

Weimer stated there has been a push for railcar reform for nearly 20 years. Because 17

of the rash of recent tragedies, it may get done by the end of this year. 18

19

Nays: None (0) 22

23 24

REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 25

26

Browne reported that serving on the County Council is a fascinating job. 27

28

Buchanan reported that he attended the Emergency Management System (EMS) 29

Oversight Board meeting last Friday. They discussed committee organization. It was very 30

informative. He looks forward to the process moving forward. 31

32

Weimer reported that Councilmembers Browne, Brenner, and Weimer attended the 33

agricultural community meeting regarding water issues in Lynden. It was one of the best 34

water meetings he’s been to in years. The agricultural community has a scheme for getting 35

organized and generating money so they can respond to all the confusion from the 36

Department of Ecology and others. 37

38

Brenner reported that the County should send a letter to the agricultural coalition 39

about the Planning Unit. 40

41

Weimer stated Henry Bierlink is the agricultural representative on the Planning Unit. 42

All the members who participated have been involved in the Planning Unit for years. 43

44

Kremen reported he is encouraged that the farming community, environmental 45

organizations, and Tribes are trying to get legal water rights for the agricultural lands. 46

Whatcom County’s agriculture farm gate is in the top one-half of one percent in the nation. 47

He wants agricultural land owners and farmers to be able to legally farm with water rights, 48

but not at the expense of private property owners. 49

50

He also reported about a meeting at the Lummi administrative building with elected 51

and other officials that was very positive and uplifting. The time was productive and well-52

spent. 53

(18)

1

Brenner stated she agrees with Councilmember Kremen regarding the meeting at the 2

Lummi administrative building. 3

4

Browne stated he concurs. 5 6 7 ADJOURN 8 9

The meeting adjourned at 10:16 p.m. 10

11

The Council approved these minutes on March 11, 2014. 12

13

ATTEST: WHATCOM COUNTY COUNCIL

14

WHATCOM COUNTY, WASHINGTON 15 16 17 18 ______________________________ ______________________________ 19

, Council Clerk Carl Weimer, Council Chair 20 21 22 23 ______________________________ 24 , Minutes Transcription 25