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HomeMy WebLinkAboutCouncil June 4 20021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. WHATCOM COUNTY COUNCIL Regular County Council June 4, 2002 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Dan McShane Sharon Roy ANNOUNCEMENTS Nelson announced that there was discussion regarding the unrepresented employee salary resolution (AB2002 -225) and discussion with a representative from the Whatcom County Prosecutor's Office regarding pending litigation (AB2002 -018) in executive session during the Committee of the Whole meeting. OPEN SESSION The following people spoke: Mike Kaufman, 1620 Huntley Road, stated they are going to have a discussion about the electrical transmission line moratorium ordinance. The Utility Committee will meet to discuss that issue tomorrow. Another issue before the committee is Initiative 490, which he wrote in the early 1990's. An existing corridor is the value of what exists in that corridor. Sumas Energy 2 (SE2) is trying to run high voltage power down a public right -of -way. Right now, 115,00 volts don't exist in that public right -of -way, so it would not be a 115,000 volt corridor. Just because electricity goes along a corridor, it doesn't mean industrial or transmission power should go in that corridor. There should be some way of identifying corridors by the amount that's in it. Brenner asked if the amount in a corridor is the maximum or average amount. Kaufman stated 115,000 volts below 100 megawatts is distribution. The Utility Committee meeting is tomorrow from 4 p.m. to 6 p.m. at the Planning Department offices at Smith and Northwest roads. The meeting is open to the public. Whatcom County Council, 6/4/2002, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Elizabeth Kilanowski, Bellingham, stated that she is opposed to remounting the Jefferson Davis Monument. She worked on civil rights issues in the south during the 1980's. The name of Jefferson Davis is on the lips of every white racist who seeks to deny civil rights to people of color. It is embarrassing and repugnant to honor an avowed racist as a hero. Lesa Starkenburg- Kroontje, 114 Front Street, Lynden, stated the Council has been discussing the commercial composting regulation change. She is in favor of the proposal from the Planning and Development Committee regarding composting. With the change to the ordinance that will be recommended by the committee, the Council will address the concerns of the small composters in Whatcom County, as well as some of the unintended consequences that come out of the agricultural regulations regarding farm composting. She urged the Council to approve the interim ordinance with the committee's change. Mary Lee Rustand, Security Specialists Plus Preferred Animal Care (SSP -PAC) 1641 Baker Creek Place, Bellingham, stated it is important to have two animal shelters in Whatcom County. She supports both shelters. She compared the reports for the City of Bellingham with the reports for Whatcom County in 2001. In 2001, SSP -PAC took in 1,500 strays and 220 owner - released animals. That is a total of 1,720 animals. The number of rescued, claimed, and adopted animals was 932 out of the 1,720 animals that came into the shelter. The number of animals euthanized was 785. According to the Humane Society report to the City of Bellingham for 2001, the number of strays and owner - released animals was not reported. The total number of animals that came into the Humane Society shelter was 1,813. The number of animals adopted, rescued, or claimed from the Humane Society shelter was 331. The number of animals euthanized was not reported. It is important to have two shelters. She asked for the Council's serious consideration when the contract comes before the Council later in the month. Greg Rustand, Security Specialists Plus Preferred Animal Care (SSP -PAC), stated a letter was submitted to the County Council from the Humane Society in 1996 regarding the problems they were having. In 1996, their contract was for approximately $250,000. They were able to generate $253,000. That money was taken back into the shelter to help the animals. The SSP -PAC contract is for approximately $291,000. He generates close to $67,000. The total budget is $371,000. The total profit he made is $8,500. The other money that SSP -PAC gains goes back into the shelter. These shelters are needed. Whatcom County has a problem. Forty to forty - five percent of the animals in this county belong to people who care for their animals. The owners of the other 55 percent don't care. SSP -PAC takes care of the problems that those people don't care about. The animal control laws in Whatcom Whatcom County Council, 6/4/2002, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. County are not strong enough and are not enforceable. He would like to continue the contract for animal control, but it takes a team effort. The population of the area is growing, which affects the county and the other cities, which are having the same problems. It's been three months and one week, and he would like resolution to the contract status. He would like to continue the contract, and believes that SSP -PAC is doing a good job for the County. Caskey- Schreiber stated SSP -PAC doesn't have a spay- neuter program for the shelter. Rustand stated every animal that they adopt out is spayed or neutered. Caskey- Schreiber stated a constituent contacted her and said that a dog was adopted from the shelter and gave birth to pups, two months later. The constituent returned the dog and pups to the shelter, and was quite upset. Rustand stated that when the animal came it, they didn't know that the animal was pregnant. They have to wait until puppies are a certain age before they can be spayed or neutered. Their veterinarian makes that determination. SSP -PAC will make a reservation for the animal to be spayed or neutered by a veterinarian when it is old enough. Nelson asked if SSP -PAC has a spay /neuter policy. Rustand stated they do. When an animal is adopted, it is spayed or neutered within the proper time limits. Brenner asked if this animal looked like it was too young. Rustand stated that is correct. There is a time limit with cats and dogs. They have to grow to a certain point. After that point, they have to be taken in and spayed or neutered. Brenner asked if someone determined that this dog was too young. Caskey- Schreiber stated the dog was seven years old. Rustand stated the pups were the biggest concern. Jan Greco, Security Specialists Plus Preferred Animal Care (SSP -PAC) Assistant Director, stated the dog they are referring to is named Kayla. When Kayla came into the shelter, she was very young. She was already pregnant, and Dr. Perry didn't realize it. Kayla is a lab mix. Kayla was ten months old. She stayed with the shelter for a really long time. The situation was a misfortune. SSP - PAC scheduled her for being spayed when she gave birth. That is the only time that has ever happened. SSP -PAC has a mandatory spay /neuter requirement. She is the one who makes sure that is done. Now, she is sending animals out prior to adoption for a spay or neuter, because they work regionally with Pet Shelter, which is an internet function they have on a website. It is done very, very well, so the animals are going out prior to adoption. If the animals are too young, less than four months of age, they are scheduled for a spay or neuter at the time they are old enough. Dr. Perry provides that service for SSP -PAC. It is mandatory that every animal be spayed or neutered that comes into a shelter. She always makes sure that is done. Kayla's situation was a very sad ordeal. SSP -PAC worked it out with the people who adopted her. She took the puppies back and found them all Whatcom County Council, 6/4/2002, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. homes. They were all spayed and neutered. Kayla was ten months old, not seven years old. Joe Deeny, 2104 Wilson Avenue, Bellingham stated he is in favor of the resolution supporting the moratorium on marine salmon net pens. They do not know the total extent yet of the farmed salmon. There are PCB's in the feed. The waste devastates the marine life on the ocean floor below the ocean pens. There is a concern about mixing with wild salmon. There are many reasons why this resolution should be approved. He is the vice -chair of the Whatcom Human Rights Task Force. He also supports the resolution opposing a memorial to Jefferson Davis in the Peace Arch State Park. It is repugnant and embarrassing that they would honor a man who was a racist, supported slavery, and who led the confederacy in the worst war on American soil. The councilmembers are representatives of the citizens of Whatcom County. In that regard, they should support all citizens in Whatcom County. There are many people in history who they can honor and who have worked for inclusion, not racism or separatism. This is not just a matter of symbolism or historical revisionism. It is totally appropriate that Whatcom County take this resolution seriously and ask that the memorial not go back in and that the State rename the highway. McShane stated the salmon net pen moratorium issue would be discussed at the Council's July 16, 2002 meeting. The Northwest Washington Straights Commission will provide a presentation and take a position on the moratorium. The Council is going to take its time with it, so it can put together something that is good. Judy Buchanan, 2317 D Street, supports the proposal opposing the Jefferson Davis memorial and to rename the highway. She is in favor of a plaque that talks about the history, but they should not honor this man. It is offensive to citizens of Washington and Whatcom County. Sherry Jubilo, Bellingham, stated she supported the resolution opposing the Jefferson Davis. There is confusion between that and renaming the highway. She collected signatures on a petition put forward by the National Association of Black Veterans. It is a petition to rename Highway 99, now known as the Jefferson Davis Memorial Highway. Remove the markers designating Washington State Route 99 as the Jefferson Davis Memorial Highway. Rename Highway 99 the William P. Stewart Memorial Highway. William P. Stewart was an African - American veteran on the Union side of the war. The markers were removed partly because people were worried that they might be damaged. The State's park personnel publicly said that they would be put back up on the walking path. She was told that they weren't going back up, but that has never been publicly stated. The public statement was that the marker would be put up on the walking path. Whatcom County Council, 6/4/2002, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Brenner asked if William P. Stewart is from Washington. Jubilo stated he is. He is from Snohomish County. He has descendants who are still active in Whatcom County. He was one of 16 African - Americans who lived in the State of Washington at the point that it became a state. If Jefferson Davis had his way, Washington wouldn't be a state. Brenner stated the State Department of Transportation understands that the marker is not going back up. Jubilo stated a public statement of that would be good. David Hunter, 819 Mason Street, stated he would speak on the resolution regarding the Jefferson Davis memorial. It may seem self- evident that Jefferson Davis is not a person that Whatcom County should support. It is ironic that the Peace Portal Park would be the place where the man who initiated the most brutal war in history in the United States should be commemorated. The people of Washington have throughout history indicated an opposition to slavery. Jefferson Davis supported slavery. Whether or not the State intends to continue that memorial, the County Council should provide some leadership on this issue. The County Council has an opportunity to take a position against supporting people who make war, their commemoration in a peace park, and the grave damage done to the country through slavery. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one and three through five. Item two was withdrawn by the administration. Motion to approve Consent Agenda items one and three through five carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #02- 32 TO THE LOWEST RESPONSIVE BIDDER, AGGREGATES WEST, TO PROVIDE FOR CRUSHED AGGREGATE TO BE DELIVERED AND STOCKPILED AT LUMMI ISLAND, IN THE AMOUNT OF $68,702.08 (AB2002 -217) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND FIBER CLOUD TO PROVIDE BAND WIDTH AND Y2 CABINET FOR WHATCOM COUNTY'S INTERNET CONNECTION, IN THE CONTRACT AMOUNT OF $28,940 (AB2002 -218) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A BID AWARD WITH THE BELLINGHAM HERALD TO BE DESIGNATED AS WHATCOM COUNTY'S OFFICIAL NEWSPAPER AND AUTHORIZE THE Whatcom County Council, 6/4/2002, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. EXECUTIVE TO SIGN THE CONTRACT WITH THE BELLINGHAM HERALD (AB2002 -219) 4. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 998006/998007 AND THE AWARD OF CONTRACT FOR THE LAKE TERRELL ROAD AND MOUNTAIN VIEW ROAD WETLAND MITIGATION PROJECT, TO THE LOWEST RESPONSIVE BIDDER, HENIFIN CONSTRUCTION L.L.C., IN THE AMOUNT OF $137,270.38 (AB2002- 220) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER IN TO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE MARINE RESOURCES COMMITTEE 2002 ACTION GRANT TO PROVIDE FUNDING FOR FORAGE FISH, BOTTOM FISH, DATA MANAGEMENT AND COMMUNITY PARTNERSHIP PROJECTS, IN THE AMOUNT OF $50,000 (AB2002 -221) OTHER ITEMS 1. REPORT ON COMMITTEE DISCUSSION REGARDING THE WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM PROPOSAL (AB2002 -216) McShane reported for the Natural Resources Committee and stated this will be held in committee for two weeks. 2. RESOLUTION SUPPORTING A MORATORIUM ON MARINE SALMON NET PENS AND SUPPORTING WILD SALMON FISHERIES (AB2002- 202) McShane reported for the Natural Resources Committee and stated this item will be held in committee. There will be a presentation on July 16, 2002 from the Northwest Straits Commission. Nelson asked to invite a representative from the Department of Fish and Wildlife. McShane agreed. Crawford stated he talked to the Washington Fish Growers Association, which was not aware of this. He will also invite them to attend that meeting. 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH H. B. HANSEN CONSTRUCTION, INC., AS THE LOWEST RESPONSIVE BIDDER, FOR THE CONSTRUCTION OF THE Whatcom County Council, 6/4/2002, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. BAYVIEW DRIVE RETAINING WALL PROJECT IN THE AMOUNT OF $48,500 (AB2002 -208) Crawford reported for the Finance and Administrative Services Committee and stated this item was recommended unanimously. He so moved. Motion carried unanimously. 4. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST #6 (AB2002- 214) Crawford reported for the Finance and Administrative Services Committee and stated this item was recommended unanimously. This is to approve funding from the Conservation Futures fund for the purchase of the Olsen Estate and Turner /Jaeger property, which the Council discussed and approved two weeks ago. Motion carried 5 -2 with Nelson and Brenner opposed. S. ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY CODE, TITLE 20, ESTABLISHING ADDITIONAL CRITERIA ON AN INTERIM BASIS FOR THE SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONE DISTRICT (AB2002 -1918) McShane reported for the Planning and Development Committee and stated this item was amended and recommended to the Council. The amendment is to Exhibit A, section 1, item (2), "At a minimum, mushroom composting facilities...." The committee talked about other types of composting. The Health Department provided a good presentation on how they carry out State law regarding composting in general under the State's solid waste laws. He moved approval with the amendment. Brenner spoke against the amendment, because there is no definition of the term "clean green." It's important that everyone in the community plays by the same rules. Six months is not too long to wait to do that. It is important to have a definition of "clean green." Seattle and Eastern Washington have had problems with hazardous contaminants that are above standards showing up in what was supposed to be clean green. That shouldn't happen in this community. Resolve some of these issues without grandfathering someone in. Crawford spoke against the ordinance. People who are affected by this are beginning to speak to the County Council. Craig MacConnell from Cooperative Extension talked about the lack of clarity. Kurt Mandrick testified that it affects the collaborative composting efforts of a number of farmers doing it together. Mike Brennan talked about a new business that is looking to relocate to Whatcom County and that has an excellent track record doing this kind of business in an environmentally -sound way. The business is going to take the Council's vote as a Whatcom County Council, 6/4/2002, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. strong signal of whether or not the Council is encouraging or discouraging the business from locating here. Mr. Brennan also mentioned that the setbacks are creating siting problems. Mr. MacConnell stated the Right -To -Farm ordinance is about expecting odor and nuisances from agricultural areas. It protects the activities that go on in the agricultural areas to some degree. Although they may be looking at commercial composting as a step removed from traditional agricultural enterprise, they need to give this more careful consideration. Nelson asked if there are only two mushroom composting facilities currently. McShane stated there is a facility at Recomp. There might be a second one in the Everson vicinity. The gravel pit facility doesn't have a permit and is operating illegally. Crawford stated there is one on Highway 9. McShane stated currently, because they are in buildings, the State's solid waste rules don't apply to them. In the future, the solid waste rules will apply to them because of odor issues. It will be State laws and regulations that apply to mushroom composting anyway. There are going to be more strict standards placed on all composting in the state, including mushroom composting. This is an interim situation with composting. Nelson asked if a clean green compost would require a conditional use permit. Sylvia Goodwin, Planning Division Manager, stated they are allowed in limited areas. Regina Delahunt, Health and Human Services Director, stated it is permitted as a conditional use only in the agricultural zone. They would be required to get a solid waste handling permit from the Health Department. Brenner stated there are no criteria because there is no definition of "clean green." Without that definition, they can use stuff that is hazardous. Nelson asked if there is a definition. Delahunt stated the compost quality regulations address the different types of feedstock. That would address a lot of Councilmember Brenner's issue. Brenner stated they don't have a definition of "clean green," which is the term that everyone is using. McShane stated the definition is in the solid waste section. It is in the County code. Delahunt stated it is in the County code. Whatcom County has its own local compost quality standards. There is a definition for different types of composting. They would be able to define what types of materials a composter Whatcom County Council, 6/4/2002, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. could accept. They could also require testing of the compost material at the end to make sure there weren't any contaminants. There are very stringent local compost quality standards that go above and beyond what the State has. Type 1 would equal "clean green." Brenner stated that according to legal counsel, the wording in Title 20 does not prevent farmers who want to get together to do composting on another piece of property. Those farmers will be able to continue to do that while the County is working on interim standards. Dave Grant, Senior Civil Deputy Prosecutor, stated the Planning and Development Services Department will continue to operate under that interpretation. Brenner stated the Council originally made it easier for the farmers to do ancillary uses to benefit them economically. The Council's intent is clear. This is not going to affect farmers who are doing composting ancillary to their farming activity, even if it is on another lot. She is going to support the ordinance. (Clerk's Note: End of tape one, side A.) Caskey- Schreiber asked for assurance that, when the new State regulations take affect, existing facilities will have to adhere to them. Delahunt stated the new State regulations have a phased in timeframe by which new facilities would have to comply. McShane moved to amend the Exhibit A, section 2, "At a minimum ... for eliminating nuisance odor emissions from the facility On which case setbaeks n9ay be Feduced to net less than 500 feet." Brenner stated she would support the motion. There is a mushroom composting facility that is closer to the road than 500 feet. When there is a very stinky operation like Recomp, 500 feet doesn't mean anything anyway. Roy asked the reason for this language. Caskey- Schreiber stated she got this language from the two air pollution authority directors. This is what they recommend. McShane withdrew his motion. Motion to adopt the ordinance as amended carried 6 -1 with Crawford opposed. 6. RESOLUTION INITIATING A DOCKETING OF A ZONING TEXT AMENDMENT TO ESTABLISH NUISANCES AS AN ADDITIONAL CONDITIONAL USE CRITERIA AND SETTING NEW CRITERIA FOR THE Whatcom County Council, 6/4/2002, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONE DISTRICT (AB2002 -191C) McShane reported for the Planning and Development Committee and stated this item was amended and recommended to the Council. The amendment is to Exhibit A, section 1, item (2), "At a minimum, mushroom composting facilities...." He moved to approve the amendment. Motion to approve the amendment carried 6 -1 with Crawford opposed. Motion to approve the resolution as amended carried 6 -1 with Crawford opposed. 7. RESOLUTION OPPOSING THE MEMORIAL TO JEFFERSON DAVIS IN PEACE ARCH STATE PARK (AB2002 -215) McShane moved to hold in Council for two weeks. Brenner stated she would rather ditch the resolution and write a letter to the State explaining that they would like to see Highway 99 renamed for a Washington resident who was instrumental in serving Washington State in the war and representing fellow minorities. Fleetwood stated the primary concern is to indicate to the State that they don't want to reinstall the monument in Peace Portal Park. He can support simply saying that they shouldn't put it back. Benner stated they have a long meeting schedule in two weeks. Most of the councilmembers agree that they don't want to reinstall a monument, and that they want to rename the road. They shouldn't wait for two weeks. Nelson stated he can't support the resolution as it is written. Roy stated some councilmembers would like to ditch the resolution and write a letter that positively says they don't want to reinstall the monument and want to rename the highway. She asked if Councilmember McShane wants to work through the resolution in two weeks. McShane stated he would rather take some input from people, citizens, historians, and other councilmembers in two weeks. INTRODUCTION ITEMS McShane moved to accept the Introduction Items. Motion carried unanimously. Whatcom County Council, 6/4/2002, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. 1. INTERIM ORDINANCE AMENDING WCC TITLE 20, CHAPTER 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS, CHAPTER 20.85 — PLANNED UNIT DEVELOPMENT, AND CHAPTER 20.97 — DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR SENSITIVE WATERSHEDS (AB2002 -222) (HEARING TO BE SCHEDULED) 2. ORDINANCE MODIFYING THE 2002 BUDGET, REQUEST #7 (AB2002- 223) 3. ORDINANCE CONTINUING A MORATORIUM ON APPLICATIONS FOR CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER TRANSMISSION LINES OF 115,000 VOLTS OR LESS, DESIGNED TO CARRY 100 MEGAWATTS OR GREATER LOADS, EXCEPT IN THOSE DISTRICTS CLASSIFIED AS INDUSTRIAL (AB2002 -224) (HEARING TO BE SCHEDULED) 4. RECEIPT OF THE EVERGREEN WATER -SEWER DISTRICT GENERAL WATER SUPPLY SYSTEM COMPREHENSIVE PLAN (AB2002 -087) 5. ORDINANCE IMPOSING INTERIM ZONING WITHIN THE LAKE WHATCOM WATERSHED (AB2002 -226) 6. ORDINANCE CONTINUING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE NOMINAL ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2002 -227) OTHER BUSINESS Brenner moved to send a letter to the State against reinstalling the Jefferson Davis memorial and to support the motion that passed in the State House of Representatives to name Highway 99 after William P. Stewart, a Washington resident who served in the civil war. Crawford stated they can't rename a highway that is already named. By bringing this up, they must rehash this history of how this came about. In the 1920's and 1930's, the United Daughters of the Confederacy were pushing to get a network of roads around the United States. One of the pushes by the chapters on the West Coast was to get it to go from Mexico to British Columbia. There was movement in the State legislature in the 1930's to name the highway the Jefferson Davis highway. It did not pass. However, there was an action to erect the monuments in Vancouver, Washington and Blaine, Washington calling it the Jefferson Davis highway. The State legislature has never named the highway the "Jefferson Davis Highway." Last fall, State representative Hans Dunshee drove by Whatcom County Council, 6/4/2002, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. the marker, saw it, got upset, and proposed that the highway be renamed. He had to change his legislation when he found out that the highway was never named. This motion made it through the House of Representatives in Olympia with a unanimous vote to name it in honor of this other person of color, William P. Stewart. There was no mention of Jefferson Davis. When it got to the Washington State Senate, it was put into the Transportation Committee, chaired by Mary Margaret Hougan, who didn't let it leave committee because it generated too much controversy. In April, the head of the Department of Transportation (DOT) reported to the State legislature that his employees removed the marker and put it in storage, and if the marker were to reappear, it would reappear with interpretive signage. That is the last anyone has heard about he marker officially. The DOT is not responding to any inquiries from the press or anyone else. That is the situation today. There are markers that implied a name of a highway. The highway was never named. Now the markers are gone. The DOT director reported that this needed no further legislative action from Olympia. Brenner stated she is comfortable with the Council sending a letter saying they do not want the marker to be reinstated. If the highway is not named, it is a moot point. Crawford stated an appropriate action would be to support the motion that passed the House of Representatives, which was to name the highway after William P. Stewart. That is the thing that might come up that the legislation might consider. Brenner amended her motion to write a letter in support of motion that passed the House of Representatives, which was to name Highway 99 after William P. Stewart. Nelson asked if there is an economic impact to changing the name of the highway. Roy stated this is symbolic more than anything. There is a sign whenever it goes through a city. Otherwise, it is Highway 99. Brenner stated the intent is not to change the existing names of all the roads. She just wants to give symbolic support to the issue. Her intent is to oppose reinstatement of the Jefferson Davis marker that was removed, and that they support the motion that passed in the House of Representatives, which was to name Highway 99 after William P. Stewart. Fleetwood suggested a friendly amendment that they just object to reinstalling the monument. Brenner accepted the friendly amendment. Whatcom County Council, 6/4/2002, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Crawford stated he would oppose the motion because it is a moot point. It is not an issue. Motion to send a letter that opposes reinstallment of the marker carried 6 -1 with Crawford opposed. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Fleetwood introduced his parents, who are attending their first County Council meeting. Roy stated she appreciated the Water Resource Inventory Area (WRIA) 1 Instream Flow Symposium. They did an excellent job. The big picture was described by experts from all over the State, including tribal members, waters association representatives, environmental community members, commercial fishing community members, University of Washington personnel, and attorneys. There was a cross - section of people, lots of discussion, and lots of panels. It was very informative. It was extremely worthwhile. Brenner stated she also attended. The workshop was filmed, and the tape will be in the Council Office library. Nelson announced that Council would go into executive session for ten minutes to discuss the Georgia Straight Crossing (GSX) (AB2002 -166) and the Olsen Estate (AB2002 -203). (Clerk's Note: The Council went into executive session at 8:20 p.m.) ADJOURN The meeting adjourned at 8:33 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on June 18 , 2002. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, Council Chair Whatcom County Council, 6/4/2002, Page 13 1 2 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Whatcom County Council, 6/4/2002, Page 14