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WHA-CON-2015-05-12 May 12, 2015 Whatcom County Council Regular Whatcom County 17 min
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May
Month
12
Day
17
Minutes
Published
Status

Executive Summary

The commercial dog kennel case (Rover Stay Over) had been contentious in the community, with the hearing examiner finding that the business was operating without proper permits in an agricultural zone where such uses weren't allowed. The appeal brought dozens of supporters to the meeting, though the council ultimately upheld the hearing examiner's decision.

What's Next

**Property Access License:** Applicants indicated interest in future discussions about converting license to permanent easement if legal department approves. **Comprehensive Plan Update:** Planning and Development Services continuing multi-year project to update Whatcom County comprehensive plan and conduct urban growth area review by June 30, 2016. **Critical Areas Ordinance:** Administration anticipates council hearings in April 2016, meeting June 2016 adoption deadline. **Vacation Rental Regulations:** Planning committee continuing deliberations on VRBO permitting requirements, particularly for Lake Whatcom watershed properties. **Criminal Justice Diversion:** Public Works, Health and Safety Committee continuing discussion of resolution establishing Criminal Justice Diversion Task Force for jail and hospital diversion programs. **Woods Tour:** Upcoming forestry operations tour hosted by Women in Timber, open to council members and public. #

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Study Guide

### Meeting Overview The Whatcom County Council met on May 12, 2015, at 7:00 PM. All seven council members were present for a meeting that included the county executive's State of the County address, a police week proclamation, and decision on a controversial commercial dog kennel appeal. ### Key Terms and Concepts **Committee of the Whole:** A meeting format where all council members discuss items before formal voting, allowing more informal discussion and debate. **Hearing Examiner Appeal:** When someone disagrees with a county hearing examiner's decision on land use matters, they can appeal to the county council for review. **Commercial Kennel:** A business that boards dogs for profit, which requires specific permits and zoning approval under county code. **Recusal:** When an elected official removes themselves from voting on an issue due to potential conflicts of interest or inability to be impartial. **License Agreement vs. Easement:** A license is a personal right to use property that can be revoked; an easement is a permanent property right that stays with the land forever. **TMDL (Total Maximum Daily Load):** Federal water quality standards that limit pollution entering water bodies like Lake Whatcom. **Real Estate Excise Tax (REET):** A tax on property sales that counties can use for specific purposes like capital projects and debt service. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Carl Weimer | Council Chair | | Jack Louws | County Executive | | Bill Elfo | County Sheriff | | Barbara Brenner | Council Member | | Rud Browne | Council Member | | Barry Buchanan | Council Member | | Pete Kremen | Council Member | | Ken Mann | Council Member | | Satpal Sidhu | Council Member | ### Background Context This meeting occurred during a period of significant challenges for Whatcom County. The jail was overcrowded and unsafe, creating ongoing public safety concerns. The county was also dealing with complex environmental issues around Lake Whatcom, the region's primary water source, which faced pollution pressures from development in the watershed. The commercial dog kennel case (Rover Stay Over) had been contentious in the community, with the hearing examiner finding that the business was operating without proper permits in an agricultural zone where such uses weren't allowed. The appeal brought dozens of supporters to the meeting, though the council ultimately upheld the hearing examiner's decision. The State of the County address highlighted both accomplishments and challenges, including completion of courthouse renovations, launch of the county's first mental health court, and ongoing infrastructure projects, while also noting financial pressures from declining Canadian tourism and uncertain state funding. ### What Happened — The Short Version The meeting began with Committee of the Whole business, where council heard updates on Lake Whatcom water quality issues and collective bargaining, then made two controversial appeals decisions. In the first, they upheld a hearing examiner's decision against the Lincoln Park Retirement Home Center (6-1 vote with Brenner opposed). In the second, they upheld the hearing examiner's decision that found Rover Stay Over dog kennel was operating illegally in an agricultural zone (6-0 with Brenner recusing herself due to a conflict). Executive Louws then delivered his State of the County address, highlighting accomplishments like the new mental health court and courthouse completion, while noting challenges including the need for a new jail and uncertain state funding. Sheriff Elfo read a proclamation recognizing police and corrections officers, highlighting recent acts of bravery by local deputies. The council held a public hearing on a license agreement for property access over county-owned land, approving it unanimously after discussion about whether an easement would be more appropriate. During open session, six citizens spoke, with most focusing on the need for a new jail to address crime and drug problems in the community. ### What to Watch Next - Development of collective bargaining agreements with county employee unions - Progress on Lake Whatcom water quality protection measures - Continued discussion of jail funding and construction timeline - Implementation of the new mental health court program - Upcoming decisions on vacation rental regulations, particularly in the Lake Whatcom watershed ---

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Flash Cards

**Q:** What was the vote on the Lincoln Park Retirement Home Center appeal? **A:** Council voted 6-1 to uphold the hearing examiner's decision, with Barbara Brenner as the only dissenting vote. **Q:** Why did Barbara Brenner recuse herself from the dog kennel decision? **A:** She met with someone less than 24 hours before getting the appeal who provided information about the case, preventing her from making an impartial decision. **Q:** What is Rover Stay Over? **A:** A commercial dog kennel that was found to be operating illegally in an agricultural zone without proper permits from Whatcom County. **Q:** How many council members are there and were any absent? **A:** There are seven council members and all were present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Pete Kremen, Rud Browne and Barry Buchanan. **Q:** What new court program did Executive Louws highlight? **A:** Whatcom County's first-ever mental health court, which began operating in January 2015 in both county district court and Bellingham Municipal Court. **Q:** What is the difference between a license and an easement for property access? **A:** A license is a personal right that gives more flexibility and control to the property owner; an easement is permanent and stays with the property forever. **Q:** How much revenue does Whatcom County's recreation industry generate? **A:** $508 million in revenue from 279 recreational businesses creating 3,728 jobs, according to a Recreation Northwest study. **Q:** What major infrastructure project was completed in 2014? **A:** The courthouse remodel to accommodate the new fourth Superior Court Judge Raquel Montoya Lewis. **Q:** What percentage did juvenile crime drop in Whatcom County? **A:** Arrests for ages 10-17 dropped from 1,927 in 1999 to 606 in recent data, while the population stayed roughly the same at around 1,925. **Q:** What is the Potter Road bridge project? **A:** A bridge replacement project on the South Fork of the Nooksack River scheduled for completion in 2015. **Q:** What challenge does Canadian tourism present to county finances? **A:** Reduced Canadian visitors will impact sales tax collection, though not as severely as cities since county sales tax is less dependent on retail. **Q:** What is the Woods Tour mentioned by council members? **A:** An annual event hosted by Women in Timber that takes people to see forestry operations and educate them about the industry. **Q:** What is REET funding? **A:** Real Estate Excise Tax funding that counties are seeking more flexibility to use, through negotiations between Washington counties and the state realtors association. **Q:** What Lake Whatcom issue was discussed in Committee of the Whole? **A:** The TMDL (Total Maximum Daily Load) dispute resolution process regarding water quality standards and pollution limits. **Q:** What did Sheriff Elfo highlight about deputy bravery? **A:** Nine deputies received Distinguished Service Cross awards for exceptional bravery in an incident where an armed felon shot at deputies and one deputy was wounded in the face. **Q:** How many people spoke during the open session? **A:** Six people spoke, with most addressing concerns about the need for a new jail and crime in the community. **Q:** What is the abel/able spelling issue? **A:** The gravel pit is spelled "Abel" after the original family name, while the trust formed by current owners is spelled "Able" - both spellings are legally correct. **Q:** What did the council do with the consent agenda? **A:** Approved both items unanimously, including official printing services contract and consultant services for BP Oil Refinery property appraisal appeals. ---

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